Bill Text: IL SB1323 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Environmental Protection Act. Requires the Environmental Protection Agency to establish a process by which communities not designated as environmental justice communities may petition for such a designation. Provides that an applicant for a permit for the construction of a new source that will become a major source subject to the Clean Air Act Permit Program and will be located in an environmental justice community or a new source that has required or will require a federally enforceable State operating permit and will be located in an environmental justice community must conduct a public meeting prior to submission of the permit application and must submit with the permit application an environmental justice assessment identifying the potential environmental and health impacts to the area associated with the proposed project. Provides requirements for the environmental justice assessment. Provides that a supplemental fee of $200,000 for each construction permit application shall be assessed if the construction permit application is subject to the requirements regarding the construction of a new source located in an environmental justice community. Contains provisions regarding public participation requirements for permitting transactions in an environmental justice community. Provides that, if the Agency grants a permit to construct, modify, or operate a facility that emits air pollutants and is classified as a minor source, a third party may petition the Pollution Control Board for a hearing to contest the issuance of the permit. Allows the Agency to deny the issuance of certain permits to persons with a history of violating specified environmental laws. Contains provisions regarding environmental justice grievances. Defines "environmental justice community". Contains other provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-02-06 - Referred to Assignments [SB1323 Detail]
Download: Illinois-2023-SB1323-Introduced.html
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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Environmental Protection Act is amended by | |||||||||||||||||||||||||||||||||||||||
5 | changing Sections 9.12, 39, 39.2, 39.5, and 40 and by adding | |||||||||||||||||||||||||||||||||||||||
6 | Sections 3.187, 3.281, 22.63, 34.5, 39.15, and 40.4 as | |||||||||||||||||||||||||||||||||||||||
7 | follows:
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8 | (415 ILCS 5/3.187 new) | |||||||||||||||||||||||||||||||||||||||
9 | Sec. 3.187. Environmental justice community. | |||||||||||||||||||||||||||||||||||||||
10 | "Environmental justice community" has the same meaning, based | |||||||||||||||||||||||||||||||||||||||
11 | on existing methodologies and findings, as used in the | |||||||||||||||||||||||||||||||||||||||
12 | Illinois Solar for All Program, as updated from time to time by | |||||||||||||||||||||||||||||||||||||||
13 | the Illinois Power Agency and the Program Administrator of | |||||||||||||||||||||||||||||||||||||||
14 | that Program.
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15 | (415 ILCS 5/3.281 new) | |||||||||||||||||||||||||||||||||||||||
16 | Sec. 3.281. Linguistic isolation. "Linguistic isolation" | |||||||||||||||||||||||||||||||||||||||
17 | means a situation in which members of a household who are 14 | |||||||||||||||||||||||||||||||||||||||
18 | years of age and older speak a non-English language and speak | |||||||||||||||||||||||||||||||||||||||
19 | English less than very well. A community surrounding a | |||||||||||||||||||||||||||||||||||||||
20 | facility is in linguistic isolation if 20% of the households | |||||||||||||||||||||||||||||||||||||||
21 | in the community's surrounding one-mile radius meet the United | |||||||||||||||||||||||||||||||||||||||
22 | States Census Bureau's definition for linguistic isolation |
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1 | based on the Bureau's latest one-year or 5-year American | ||||||
2 | Community Survey.
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3 | (415 ILCS 5/9.12)
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4 | Sec. 9.12. Construction permit fees for air pollution | ||||||
5 | sources.
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6 | (a) An applicant for a new or revised air pollution | ||||||
7 | construction permit
shall pay a fee, as established in this | ||||||
8 | Section, to the Agency at the time that
he or she submits the | ||||||
9 | application for a construction permit. Except as set
forth | ||||||
10 | below, the fee for each activity or category listed in this | ||||||
11 | Section is
separate and is cumulative with any other | ||||||
12 | applicable fee listed in this
Section.
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13 | (b) The fee amounts in this subsection (b) apply to | ||||||
14 | construction permit
applications relating to (i) a source | ||||||
15 | subject to Section 39.5 of this Act
(the Clean Air Act Permit | ||||||
16 | Program); (ii) a source that, upon issuance of the
requested | ||||||
17 | construction permit, will become a major source subject to | ||||||
18 | Section
39.5; or (iii) a source that has or will require a | ||||||
19 | federally enforceable
State operating permit limiting its | ||||||
20 | potential to emit.
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21 | (1) Base fees for each construction permit application | ||||||
22 | shall be assessed
as follows:
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23 | (A) If the construction permit application relates | ||||||
24 | to one or more new
emission units or to a combination | ||||||
25 | of new and modified emission units,
a fee of $4,000 for |
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1 | the first new emission unit and a fee of $1,000 for | ||||||
2 | each
additional new or modified emission unit; | ||||||
3 | provided that the total base fee
under this | ||||||
4 | subdivision (A) shall not exceed $10,000.
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5 | (B) If the construction permit application relates | ||||||
6 | to one or more
modified emission units but not to any | ||||||
7 | new emission unit, a fee of $2,000
for the first | ||||||
8 | modified emission unit and a fee of $1,000 for each | ||||||
9 | additional
modified emission unit; provided that the | ||||||
10 | total base fee under this subdivision
(B) shall not | ||||||
11 | exceed $5,000.
| ||||||
12 | (2) Supplemental fees for each construction permit | ||||||
13 | application shall be
assessed as follows:
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14 | (A) If, based on the construction permit | ||||||
15 | application, the source will
be, but is not currently, | ||||||
16 | subject to Section 39.5 of this Act, a CAAPP entry
fee | ||||||
17 | of $5,000.
| ||||||
18 | (B) If the construction permit application | ||||||
19 | involves (i) a new source
or emission unit subject to | ||||||
20 | Section 39.2 of this Act, (ii) a commercial
| ||||||
21 | incinerator or other municipal waste, hazardous waste, | ||||||
22 | or waste tire
incinerator, (iii) a commercial power | ||||||
23 | generator, or (iv) one or more other
emission units | ||||||
24 | designated as a complex source by Agency rulemaking, a | ||||||
25 | fee of
$25,000.
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26 | (C) If the construction permit application |
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1 | involves an emissions
netting exercise or reliance on | ||||||
2 | a contemporaneous emissions decrease for a
pollutant | ||||||
3 | to avoid application of the PSD permit program
or | ||||||
4 | nonattainment new source review, a fee of
$3,000 for | ||||||
5 | each such pollutant.
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6 | (D) If the construction permit application is for | ||||||
7 | a new major source
subject to the PSD permit program, a | ||||||
8 | fee of $12,000.
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9 | (E) If the construction permit application is for | ||||||
10 | a new major source
subject to nonattainment new source | ||||||
11 | review, a fee of $20,000.
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12 | (F) If the construction permit application is for | ||||||
13 | a major modification
subject to the PSD permit | ||||||
14 | program, a fee of $6,000.
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15 | (G) If the construction permit application is for | ||||||
16 | a major modification
subject to nonattainment new | ||||||
17 | source review, a fee of $12,000.
| ||||||
18 | (H) (Blank).
| ||||||
19 | (I) If the construction permit application review | ||||||
20 | involves a
determination of the Maximum Achievable | ||||||
21 | Control Technology standard for a
pollutant and the | ||||||
22 | project is not otherwise subject to BACT or LAER for a
| ||||||
23 | related pollutant under the PSD permit program or | ||||||
24 | nonattainment new source
review, a fee of $5,000 per | ||||||
25 | unit for which a determination is requested or
| ||||||
26 | otherwise required.
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| |||||||
1 | (J) (Blank).
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2 | (K) If the construction permit application is | ||||||
3 | subject to the requirements under subsection (z) or | ||||||
4 | subsection (aa) of Section 39, a fee of $200,000. | ||||||
5 | (3) If a public hearing is held regarding the | ||||||
6 | construction permit
application, an administrative fee of | ||||||
7 | $10,000. This fee shall be submitted at the time the | ||||||
8 | applicant requests a public hearing or, if a public | ||||||
9 | hearing is not requested by the applicant, then within 30 | ||||||
10 | days after the applicant is informed by the Agency that a | ||||||
11 | public hearing will be held.
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12 | (c) The fee amounts in this subsection (c) apply to | ||||||
13 | construction permit
applications relating to a source that, | ||||||
14 | upon issuance of the construction
permit, will not (i) be or | ||||||
15 | become subject to Section 39.5 of this Act (the
Clean Air Act | ||||||
16 | Permit Program) or (ii) have or require a federally | ||||||
17 | enforceable
state operating permit limiting its potential to | ||||||
18 | emit.
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19 | (1) Base fees for each construction permit application | ||||||
20 | shall be assessed
as follows:
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21 | (A) For a construction permit application | ||||||
22 | involving a single new
emission unit, a fee of $500.
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23 | (B) For a construction permit application | ||||||
24 | involving more than one new
emission unit, a fee of | ||||||
25 | $1,000.
| ||||||
26 | (C) For a construction permit application |
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| |||||||
1 | involving no more than 2
modified emission units, a | ||||||
2 | fee of $500.
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3 | (D) For a construction permit application | ||||||
4 | involving more than 2
modified emission units, a fee | ||||||
5 | of $1,000.
| ||||||
6 | (2) Supplemental fees for each construction permit | ||||||
7 | application shall
be assessed as follows:
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8 | (A) If the source is a new source, i.e., does not | ||||||
9 | currently have an
operating permit, an entry fee of | ||||||
10 | $500;
| ||||||
11 | (B) If the construction permit application | ||||||
12 | involves (i) a new source
or emission unit subject to | ||||||
13 | Section 39.2 of this Act, (ii) a commercial
| ||||||
14 | incinerator or a municipal waste, hazardous waste, or | ||||||
15 | waste tire incinerator,
(iii) a commercial power | ||||||
16 | generator, or (iv) an emission unit designated as a
| ||||||
17 | complex source by Agency rulemaking, a fee of $15,000.
| ||||||
18 | (3) If a public hearing is held regarding the | ||||||
19 | construction permit
application, an administrative fee of | ||||||
20 | $10,000. This fee shall be submitted at the time the | ||||||
21 | applicant requests a public hearing or, if a public | ||||||
22 | hearing is not requested by the applicant, then within 30 | ||||||
23 | days after the applicant is informed by the Agency that a | ||||||
24 | public hearing will be held.
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25 | (d) If no other fee is applicable under this Section, a | ||||||
26 | construction permit
application addressing one or more of the |
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| |||||||
1 | following shall be subject to a
filing fee of $500:
| ||||||
2 | (1) A construction permit application to add or | ||||||
3 | replace a control device
on a permitted emission unit.
| ||||||
4 | (2) A construction permit application to conduct a | ||||||
5 | pilot project or trial
burn for a permitted emission unit.
| ||||||
6 | (3) A construction permit application for a land | ||||||
7 | remediation project.
| ||||||
8 | (4) (Blank).
| ||||||
9 | (5) A construction permit application to revise an | ||||||
10 | emissions testing
methodology or the timing of required | ||||||
11 | emissions testing.
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12 | (6) A construction permit application that provides | ||||||
13 | for a change in
the name, address, or phone number of any | ||||||
14 | person identified in the permit,
or for a change in the | ||||||
15 | stated ownership or control, or for a similar minor
| ||||||
16 | administrative permit change at the source.
| ||||||
17 | (e) No fee shall be assessed for a request to correct an | ||||||
18 | issued permit
that involves only an Agency error, if the | ||||||
19 | request is received within the
deadline for a permit appeal to | ||||||
20 | the Pollution Control Board.
| ||||||
21 | (f) The applicant for a new or revised air pollution | ||||||
22 | construction permit
shall submit to the Agency, with the | ||||||
23 | construction permit application, both a
certification of the | ||||||
24 | fee that he or she estimates to be due under this
Section and | ||||||
25 | the fee itself.
| ||||||
26 | (g) Notwithstanding the requirements of subsection (a) of |
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1 | Section 39 of this Act, the
application for an air pollution | ||||||
2 | construction permit shall not be deemed to
be filed with the | ||||||
3 | Agency until the Agency receives the initial air pollution
| ||||||
4 | construction permit application fee and the certified estimate | ||||||
5 | of the fee
required by this Section. Unless the Agency has | ||||||
6 | received the initial air
pollution construction permit | ||||||
7 | application fee and the certified estimate of the
fee required | ||||||
8 | by this Section, the Agency is not required to review or | ||||||
9 | process
the application.
| ||||||
10 | (h) If the Agency determines at any time that a | ||||||
11 | construction permit
application is subject to an additional | ||||||
12 | fee under this Section that the
applicant has not submitted, | ||||||
13 | the Agency shall notify the applicant in writing
of the amount | ||||||
14 | due under this Section. The applicant shall have 60 days to
| ||||||
15 | remit the assessed fee to the Agency.
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16 | If the proper fee established under this Section is not | ||||||
17 | submitted within 60
days after the request for further | ||||||
18 | remittance:
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19 | (1) If the construction permit has not yet been | ||||||
20 | issued, the Agency is not
required to further review or | ||||||
21 | process, and the provisions of subsection (a) of Section | ||||||
22 | 39 of
this Act do not apply to, the application for a | ||||||
23 | construction permit until such
time as the proper fee is | ||||||
24 | remitted.
| ||||||
25 | (2) If the construction permit has been issued, the | ||||||
26 | Agency may, upon
written notice, immediately revoke the |
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1 | construction permit.
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2 | The denial or revocation of a construction permit does not | ||||||
3 | excuse the
applicant from the duty of paying the fees required | ||||||
4 | under this Section.
| ||||||
5 | (i) The Agency may deny the issuance of a pending air | ||||||
6 | pollution
construction permit or the subsequent operating | ||||||
7 | permit if the applicant
has not paid the required fees by the | ||||||
8 | date required for issuance of the
permit. The denial or | ||||||
9 | revocation of a permit for failure to pay a
construction | ||||||
10 | permit fee is subject to review by the Board pursuant to the
| ||||||
11 | provisions of subsection (a) of Section 40 of this Act.
| ||||||
12 | (j) If the owner or operator undertakes construction | ||||||
13 | without obtaining
an air pollution construction permit, the | ||||||
14 | fee under this Section is still
required. Payment of the | ||||||
15 | required fee does not preclude the Agency or
the Attorney | ||||||
16 | General or other authorized persons from pursuing enforcement
| ||||||
17 | against the applicant for failure to have an air pollution | ||||||
18 | construction permit
prior to commencing construction.
| ||||||
19 | (k) If an air pollution construction permittee makes a fee | ||||||
20 | payment under
this Section from an account with insufficient | ||||||
21 | funds to cover the amount of
the fee payment, the Agency shall | ||||||
22 | notify the permittee of the failure to pay
the fee. If the | ||||||
23 | permittee fails to pay the fee within 60 days after such
| ||||||
24 | notification, the Agency may, by written notice, immediately | ||||||
25 | revoke the air
pollution construction permit. Failure of the | ||||||
26 | Agency to notify the permittee
of the permittee's failure to |
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1 | make payment does not excuse or alter the duty
of the permittee | ||||||
2 | to comply with the provisions of this Section.
| ||||||
3 | (l) The Agency may establish procedures for the collection | ||||||
4 | of air
pollution construction permit fees.
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5 | (m) Fees collected pursuant to this Section shall be | ||||||
6 | deposited into the
Environmental Protection Permit and | ||||||
7 | Inspection Fund.
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8 | (Source: P.A. 99-463, eff. 1-1-16 .)
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9 | (415 ILCS 5/22.63 new) | ||||||
10 | Sec. 22.63. Environmental justice community designation. | ||||||
11 | The Agency shall establish a process by which communities not | ||||||
12 | designated as environmental justice communities may petition | ||||||
13 | for such a designation.
| ||||||
14 | (415 ILCS 5/34.5 new) | ||||||
15 | Sec. 34.5. Environmentally beneficial project bank. | ||||||
16 | (a) The Agency shall establish and maintain on its website | ||||||
17 | a bank of potential environmentally beneficial projects. The | ||||||
18 | website must permit members of the public to submit | ||||||
19 | suggestions for environmentally beneficial projects. The | ||||||
20 | Agency shall assess the submissions for feasibility and | ||||||
21 | clarity before inclusion in the bank. | ||||||
22 | (b) A respondent or defendant may propose to undertake an | ||||||
23 | environmentally beneficial project that is not contained in | ||||||
24 | the environmentally beneficial project bank established under |
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1 | subsection (a). | ||||||
2 | (c) If funds for an environmentally beneficial project are | ||||||
3 | derived from penalties resulting from an administrative, | ||||||
4 | civil, or criminal enforcement action arising from an alleged | ||||||
5 | violation by a facility, site, or activity in an environmental | ||||||
6 | justice community, the Agency must require that the funds be | ||||||
7 | used for an environmentally beneficial project in the | ||||||
8 | environmental justice community where the alleged violation | ||||||
9 | occurred.
| ||||||
10 | (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
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11 | Sec. 39. Issuance of permits; procedures.
| ||||||
12 | (a) When the Board has by regulation required a permit for
| ||||||
13 | the construction, installation, or operation of any type of | ||||||
14 | facility,
equipment, vehicle, vessel, or aircraft, the | ||||||
15 | applicant shall apply to
the Agency for such permit and it | ||||||
16 | shall be the duty of the Agency to
issue such a permit upon | ||||||
17 | proof by the applicant that the facility,
equipment, vehicle, | ||||||
18 | vessel, or aircraft will not cause a violation of
this Act or | ||||||
19 | of regulations hereunder. The Agency shall adopt such
| ||||||
20 | procedures as are necessary to carry out its duties under this | ||||||
21 | Section.
In making its determinations on permit applications | ||||||
22 | under this Section the Agency shall may consider prior | ||||||
23 | adjudications of
noncompliance with this Act by the applicant | ||||||
24 | that involved a release of a
contaminant into the environment. | ||||||
25 | In granting permits, the Agency shall
may impose reasonable |
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1 | conditions specifically related to the applicant's past
| ||||||
2 | compliance history with this Act as necessary to correct, | ||||||
3 | detect, or
prevent noncompliance. The Agency shall may impose | ||||||
4 | such other conditions
as may be necessary to accomplish the | ||||||
5 | purposes of this Act, and as are not
inconsistent with the | ||||||
6 | regulations promulgated by the Board hereunder. Except as
| ||||||
7 | otherwise provided in this Act, a bond or other security shall | ||||||
8 | not be required
as a condition for the issuance of a permit. If | ||||||
9 | the Agency denies any permit
under this Section, the Agency | ||||||
10 | shall transmit to the applicant within the time
limitations of | ||||||
11 | this Section specific, detailed statements as to the reasons | ||||||
12 | the
permit application was denied. Such statements shall | ||||||
13 | include, but not be
limited to, the following:
| ||||||
14 | (i) the Sections of this Act which may be violated if | ||||||
15 | the permit
were granted;
| ||||||
16 | (ii) the provision of the regulations, promulgated | ||||||
17 | under this Act,
which may be violated if the permit were | ||||||
18 | granted;
| ||||||
19 | (iii) the specific type of information, if any, which | ||||||
20 | the Agency
deems the applicant did not provide the Agency; | ||||||
21 | and
| ||||||
22 | (iv) a statement of specific reasons why the Act and | ||||||
23 | the regulations
might not be met if the permit were | ||||||
24 | granted.
| ||||||
25 | If there is no final action by the Agency within 90 days | ||||||
26 | after the
filing of the application for permit, the applicant |
| |||||||
| |||||||
1 | may deem the permit
issued; except that this time period shall | ||||||
2 | be extended to 180 days when
(1) notice and opportunity for | ||||||
3 | public hearing are required by State or
federal law or | ||||||
4 | regulation, (2) the application which was filed is for
any | ||||||
5 | permit to develop a landfill subject to issuance pursuant to | ||||||
6 | this
subsection, or (3) the application that was filed is for a | ||||||
7 | MSWLF unit
required to issue public notice under subsection | ||||||
8 | (p) of Section 39. The
90-day and 180-day time periods for the | ||||||
9 | Agency to take final action do not
apply to NPDES permit | ||||||
10 | applications under subsection (b) of this Section,
to RCRA | ||||||
11 | permit applications under subsection (d) of this Section,
to | ||||||
12 | UIC permit applications under subsection (e) of this Section, | ||||||
13 | or to CCR surface impoundment applications under subsection | ||||||
14 | (y) of this Section.
| ||||||
15 | The Agency shall publish notice of all final permit | ||||||
16 | determinations for
development permits for MSWLF units and for | ||||||
17 | significant permit modifications
for lateral expansions for | ||||||
18 | existing MSWLF units one time in a newspaper of
general | ||||||
19 | circulation in the county in which the unit is or is proposed | ||||||
20 | to be
located.
| ||||||
21 | After January 1, 1994 and until July 1, 1998, operating | ||||||
22 | permits issued under
this Section by the
Agency for sources of | ||||||
23 | air pollution permitted to emit less than 25 tons
per year of | ||||||
24 | any combination of regulated air pollutants, as defined in
| ||||||
25 | Section 39.5 of this Act, shall be required to be renewed only | ||||||
26 | upon written
request by the Agency consistent with applicable |
| |||||||
| |||||||
1 | provisions of this Act and
regulations promulgated hereunder. | ||||||
2 | Such operating permits shall expire
180 days after the date of | ||||||
3 | such a request. The Board shall revise its
regulations for the | ||||||
4 | existing State air pollution operating permit program
| ||||||
5 | consistent with this provision by January 1, 1994.
| ||||||
6 | After June 30, 1998, operating permits issued under this | ||||||
7 | Section by the
Agency for sources of air pollution that are not | ||||||
8 | subject to Section 39.5 of
this Act and are not required to | ||||||
9 | have a federally enforceable State operating
permit shall be | ||||||
10 | required to be renewed only upon written request by the Agency
| ||||||
11 | consistent with applicable provisions of this Act and its | ||||||
12 | rules. Such
operating permits shall expire 180 days after the | ||||||
13 | date of such a request.
Before July 1, 1998, the Board shall | ||||||
14 | revise its rules for the existing State
air pollution | ||||||
15 | operating permit program consistent with this paragraph and | ||||||
16 | shall
adopt rules that require a source to demonstrate that it | ||||||
17 | qualifies for a permit
under this paragraph.
| ||||||
18 | (b) The Agency may issue NPDES permits exclusively under | ||||||
19 | this
subsection for the discharge of contaminants from point | ||||||
20 | sources into
navigable waters, all as defined in the Federal | ||||||
21 | Water Pollution Control
Act, as now or hereafter amended, | ||||||
22 | within the jurisdiction of the
State, or into any well.
| ||||||
23 | All NPDES permits shall contain those terms and | ||||||
24 | conditions, including,
but not limited to, schedules of | ||||||
25 | compliance, which may be required to
accomplish the purposes | ||||||
26 | and provisions of this Act.
|
| |||||||
| |||||||
1 | The Agency may issue general NPDES permits for discharges | ||||||
2 | from categories
of point sources which are subject to the same | ||||||
3 | permit limitations and
conditions. Such general permits may be | ||||||
4 | issued without individual
applications and shall conform to | ||||||
5 | regulations promulgated under Section 402
of the Federal Water | ||||||
6 | Pollution Control Act, as now or hereafter amended.
| ||||||
7 | The Agency may include, among such conditions, effluent | ||||||
8 | limitations
and other requirements established under this Act, | ||||||
9 | Board regulations,
the Federal Water Pollution Control Act, as | ||||||
10 | now or hereafter amended, and
regulations pursuant thereto, | ||||||
11 | and schedules for achieving compliance
therewith at the | ||||||
12 | earliest reasonable date.
| ||||||
13 | The Agency shall adopt filing requirements and procedures | ||||||
14 | which are
necessary and appropriate for the issuance of NPDES | ||||||
15 | permits, and which
are consistent with the Act or regulations | ||||||
16 | adopted by the Board, and
with the Federal Water Pollution | ||||||
17 | Control Act, as now or hereafter
amended, and regulations | ||||||
18 | pursuant thereto.
| ||||||
19 | The Agency, subject to any conditions which may be | ||||||
20 | prescribed by
Board regulations, may issue NPDES permits to | ||||||
21 | allow discharges beyond
deadlines established by this Act or | ||||||
22 | by regulations of the Board without
the requirement of a | ||||||
23 | variance, subject to the Federal Water Pollution
Control Act, | ||||||
24 | as now or hereafter amended, and regulations pursuant thereto.
| ||||||
25 | (c) Except for those facilities owned or operated by | ||||||
26 | sanitary districts
organized under the Metropolitan Water |
| |||||||
| |||||||
1 | Reclamation District Act, no
permit for the development or | ||||||
2 | construction of a new pollution control
facility may be | ||||||
3 | granted by the Agency unless the applicant submits proof to | ||||||
4 | the
Agency that the location of the facility has been approved | ||||||
5 | by the county board
of the county if in an unincorporated area, | ||||||
6 | or the governing body of the
municipality when in an | ||||||
7 | incorporated area, in which the facility is to be
located in | ||||||
8 | accordance with Section 39.2 of this Act. For purposes of this | ||||||
9 | subsection (c), and for purposes of Section 39.2 of this Act, | ||||||
10 | the appropriate county board or governing body of the | ||||||
11 | municipality shall be the county board of the county or the | ||||||
12 | governing body of the municipality in which the facility is to | ||||||
13 | be located as of the date when the application for siting | ||||||
14 | approval is filed.
| ||||||
15 | In the event that siting approval granted pursuant to | ||||||
16 | Section 39.2 has
been transferred to a subsequent owner or | ||||||
17 | operator, that subsequent owner or
operator may apply to the | ||||||
18 | Agency for, and the Agency may grant, a development
or | ||||||
19 | construction permit for the facility for which local siting | ||||||
20 | approval was
granted. Upon application to the Agency for a | ||||||
21 | development or
construction permit by that subsequent owner or | ||||||
22 | operator,
the permit applicant shall cause written notice of | ||||||
23 | the permit application
to be served upon the appropriate | ||||||
24 | county board or governing body of the
municipality that | ||||||
25 | granted siting approval for that facility and upon any party
| ||||||
26 | to the siting proceeding pursuant to which siting approval was |
| |||||||
| |||||||
1 | granted. In
that event, the Agency shall conduct an evaluation | ||||||
2 | of the subsequent owner or
operator's prior experience in | ||||||
3 | waste management operations in the manner
conducted under | ||||||
4 | subsection (i) of Section 39 of this Act.
| ||||||
5 | Beginning August 20, 1993, if the pollution control | ||||||
6 | facility consists of a
hazardous or solid waste disposal | ||||||
7 | facility for which the proposed site is
located in an | ||||||
8 | unincorporated area of a county with a population of less than
| ||||||
9 | 100,000 and includes all or a portion of a parcel of land that | ||||||
10 | was, on April 1,
1993, adjacent to a municipality having a | ||||||
11 | population of less than 5,000, then
the local siting review | ||||||
12 | required under this subsection (c) in conjunction with
any | ||||||
13 | permit applied for after that date shall be performed by the | ||||||
14 | governing body
of that adjacent municipality rather than the | ||||||
15 | county board of the county in
which the proposed site is | ||||||
16 | located; and for the purposes of that local siting
review, any | ||||||
17 | references in this Act to the county board shall be deemed to | ||||||
18 | mean
the governing body of that adjacent municipality; | ||||||
19 | provided, however, that the
provisions of this paragraph shall | ||||||
20 | not apply to any proposed site which was, on
April 1, 1993, | ||||||
21 | owned in whole or in part by another municipality.
| ||||||
22 | In the case of a pollution control facility for which a
| ||||||
23 | development permit was issued before November 12, 1981, if an | ||||||
24 | operating
permit has not been issued by the Agency prior to | ||||||
25 | August 31, 1989 for
any portion of the facility, then the | ||||||
26 | Agency may not issue or renew any
development permit nor issue |
| |||||||
| |||||||
1 | an original operating permit for any portion of
such facility | ||||||
2 | unless the applicant has submitted proof to the Agency that | ||||||
3 | the
location of the facility has been approved by the | ||||||
4 | appropriate county board or
municipal governing body pursuant | ||||||
5 | to Section 39.2 of this Act.
| ||||||
6 | After January 1, 1994, if a solid waste
disposal facility, | ||||||
7 | any portion for which an operating permit has been issued by
| ||||||
8 | the Agency, has not accepted waste disposal for 5 or more | ||||||
9 | consecutive calendar
years, before that facility may accept | ||||||
10 | any new or additional waste for
disposal, the owner and | ||||||
11 | operator must obtain a new operating permit under this
Act for | ||||||
12 | that facility unless the owner and operator have applied to | ||||||
13 | the Agency
for a permit authorizing the temporary suspension | ||||||
14 | of waste acceptance. The
Agency may not issue a new operation | ||||||
15 | permit under this Act for the facility
unless the applicant | ||||||
16 | has submitted proof to the Agency that the location of the
| ||||||
17 | facility has been approved or re-approved by the appropriate | ||||||
18 | county board or
municipal governing body under Section 39.2 of | ||||||
19 | this Act after the facility
ceased accepting waste.
| ||||||
20 | Except for those facilities owned or operated by sanitary | ||||||
21 | districts
organized under the Metropolitan Water Reclamation | ||||||
22 | District Act, and
except for new pollution control facilities | ||||||
23 | governed by Section 39.2,
and except for fossil fuel mining | ||||||
24 | facilities, the granting of a permit under
this Act shall not | ||||||
25 | relieve the applicant from meeting and securing all
necessary | ||||||
26 | zoning approvals from the unit of government having zoning
|
| |||||||
| |||||||
1 | jurisdiction over the proposed facility.
| ||||||
2 | Before beginning construction on any new sewage treatment | ||||||
3 | plant or sludge
drying site to be owned or operated by a | ||||||
4 | sanitary district organized under
the Metropolitan Water | ||||||
5 | Reclamation District Act for which a new
permit (rather than | ||||||
6 | the renewal or amendment of an existing permit) is
required, | ||||||
7 | such sanitary district shall hold a public hearing within the
| ||||||
8 | municipality within which the proposed facility is to be | ||||||
9 | located, or within the
nearest community if the proposed | ||||||
10 | facility is to be located within an
unincorporated area, at | ||||||
11 | which information concerning the proposed facility
shall be | ||||||
12 | made available to the public, and members of the public shall | ||||||
13 | be given
the opportunity to express their views concerning the | ||||||
14 | proposed facility.
| ||||||
15 | The Agency may issue a permit for a municipal waste | ||||||
16 | transfer station
without requiring approval pursuant to | ||||||
17 | Section 39.2 provided that the following
demonstration is | ||||||
18 | made:
| ||||||
19 | (1) the municipal waste transfer station was in | ||||||
20 | existence on or before
January 1, 1979 and was in | ||||||
21 | continuous operation from January 1, 1979 to January
1, | ||||||
22 | 1993;
| ||||||
23 | (2) the operator submitted a permit application to the | ||||||
24 | Agency to develop
and operate the municipal waste transfer | ||||||
25 | station during April of 1994;
| ||||||
26 | (3) the operator can demonstrate that the county board |
| |||||||
| |||||||
1 | of the county, if
the municipal waste transfer station is | ||||||
2 | in an unincorporated area, or the
governing body of the | ||||||
3 | municipality, if the station is in an incorporated area,
| ||||||
4 | does not object to resumption of the operation of the | ||||||
5 | station; and
| ||||||
6 | (4) the site has local zoning approval.
| ||||||
7 | No permit for the development or construction of any of
| ||||||
8 | the following will be granted by the Agency unless the
| ||||||
9 | applicant submits proof to the Agency that the location of the
| ||||||
10 | source has been approved by the county board of the county, if
| ||||||
11 | in an unincorporated area, or the governing body of a
| ||||||
12 | municipality, when in an incorporated area, in which the
| ||||||
13 | source is to be located in accordance with Section 39.2: (i) a
| ||||||
14 | new or modified source that, upon issuance of the requested
| ||||||
15 | construction permit, will become a major source subject to
| ||||||
16 | Section 39.5 and will be located in an environmental justice
| ||||||
17 | community; or (ii) a new source that has required or will | ||||||
18 | require a
federally enforceable State operating permit and | ||||||
19 | will be
located in an environmental justice community. For | ||||||
20 | purposes of
this subsection (c), and for purposes of Section | ||||||
21 | 39.2, the
appropriate county board or governing body of the | ||||||
22 | municipality
shall be the county board of the county or the | ||||||
23 | governing body
of the municipality in which the source is to be | ||||||
24 | located as of
the date when the application for siting | ||||||
25 | approval is filed.
This provision does not apply to permits | ||||||
26 | for modifications or
expansions at existing FESOP or CAAPP |
| |||||||
| |||||||
1 | sources unless the
modification will result in an increase in | ||||||
2 | the hourly rate of emissions or the total annual emissions of | ||||||
3 | any air pollutant. | ||||||
4 | (d) The Agency may issue RCRA permits exclusively under | ||||||
5 | this
subsection to persons owning or operating a facility for | ||||||
6 | the treatment,
storage, or disposal of hazardous waste as | ||||||
7 | defined under this Act. Subsection (y) of this Section, rather | ||||||
8 | than this subsection (d), shall apply to permits issued for | ||||||
9 | CCR surface impoundments.
| ||||||
10 | All RCRA permits shall contain those terms and conditions, | ||||||
11 | including, but
not limited to, schedules of compliance, which | ||||||
12 | may be required to accomplish
the purposes and provisions of | ||||||
13 | this Act. The Agency may include among such
conditions | ||||||
14 | standards and other requirements established under this Act,
| ||||||
15 | Board regulations, the Resource Conservation and Recovery Act | ||||||
16 | of 1976 (P.L.
94-580), as amended, and regulations pursuant | ||||||
17 | thereto, and may include
schedules for achieving compliance | ||||||
18 | therewith as soon as possible. The
Agency shall require that a | ||||||
19 | performance bond or other security be provided
as a condition | ||||||
20 | for the issuance of a RCRA permit.
| ||||||
21 | In the case of a permit to operate a hazardous waste or PCB | ||||||
22 | incinerator
as defined in subsection (k) of Section 44, the | ||||||
23 | Agency shall require, as a
condition of the permit, that the | ||||||
24 | operator of the facility perform such
analyses of the waste to | ||||||
25 | be incinerated as may be necessary and appropriate
to ensure | ||||||
26 | the safe operation of the incinerator.
|
| |||||||
| |||||||
1 | The Agency shall adopt filing requirements and procedures | ||||||
2 | which
are necessary and appropriate for the issuance of RCRA | ||||||
3 | permits, and which
are consistent with the Act or regulations | ||||||
4 | adopted by the Board, and with
the Resource Conservation and | ||||||
5 | Recovery Act of 1976 (P.L. 94-580), as
amended, and | ||||||
6 | regulations pursuant thereto.
| ||||||
7 | The applicant shall make available to the public for | ||||||
8 | inspection all
documents submitted by the applicant to the | ||||||
9 | Agency in furtherance
of an application, with the exception of | ||||||
10 | trade secrets, at the office of
the county board or governing | ||||||
11 | body of the municipality. Such documents
may be copied upon | ||||||
12 | payment of the actual cost of reproduction during regular
| ||||||
13 | business hours of the local office. The Agency shall issue a | ||||||
14 | written statement
concurrent with its grant or denial of the | ||||||
15 | permit explaining the basis for its
decision.
| ||||||
16 | (e) The Agency may issue UIC permits exclusively under | ||||||
17 | this
subsection to persons owning or operating a facility for | ||||||
18 | the underground
injection of contaminants as defined under | ||||||
19 | this Act.
| ||||||
20 | All UIC permits shall contain those terms and conditions, | ||||||
21 | including, but
not limited to, schedules of compliance, which | ||||||
22 | may be required to accomplish
the purposes and provisions of | ||||||
23 | this Act. The Agency may include among such
conditions | ||||||
24 | standards and other requirements established under this Act,
| ||||||
25 | Board regulations, the Safe Drinking Water Act (P.L. 93-523), | ||||||
26 | as amended,
and regulations pursuant thereto, and may include |
| |||||||
| |||||||
1 | schedules for achieving
compliance therewith. The Agency shall | ||||||
2 | require that a performance bond or
other security be provided | ||||||
3 | as a condition for the issuance of a UIC permit.
| ||||||
4 | The Agency shall adopt filing requirements and procedures | ||||||
5 | which
are necessary and appropriate for the issuance of UIC | ||||||
6 | permits, and which
are consistent with the Act or regulations | ||||||
7 | adopted by the Board, and with
the Safe Drinking Water Act | ||||||
8 | (P.L. 93-523), as amended, and regulations
pursuant thereto.
| ||||||
9 | The applicant shall make available to the public for | ||||||
10 | inspection all
documents submitted by the applicant to the | ||||||
11 | Agency in furtherance of an
application, with the exception of | ||||||
12 | trade secrets, at the office of the county
board or governing | ||||||
13 | body of the municipality. Such documents may be copied upon
| ||||||
14 | payment of the actual cost of reproduction during regular | ||||||
15 | business hours of the
local office. The Agency shall issue a | ||||||
16 | written statement concurrent with its
grant or denial of the | ||||||
17 | permit explaining the basis for its decision.
| ||||||
18 | (f) In making any determination pursuant to Section 9.1 of | ||||||
19 | this Act:
| ||||||
20 | (1) The Agency shall have authority to make the | ||||||
21 | determination of any
question required to be determined by | ||||||
22 | the Clean Air Act, as now or
hereafter amended, this Act, | ||||||
23 | or the regulations of the Board, including the
| ||||||
24 | determination of the Lowest Achievable Emission Rate, | ||||||
25 | Maximum Achievable
Control Technology, or Best Available | ||||||
26 | Control Technology, consistent with the
Board's |
| |||||||
| |||||||
1 | regulations, if any.
| ||||||
2 | (2) The Agency shall adopt requirements as necessary | ||||||
3 | to implement public participation procedures, including, | ||||||
4 | but not limited to, public notice, comment, and an | ||||||
5 | opportunity for hearing, which must accompany the | ||||||
6 | processing of applications for PSD permits. The Agency | ||||||
7 | shall briefly describe and respond to all significant | ||||||
8 | comments on the draft permit raised during the public | ||||||
9 | comment period or during any hearing. The Agency may group | ||||||
10 | related comments together and provide one unified response | ||||||
11 | for each issue raised. | ||||||
12 | (3) Any complete permit application submitted to the | ||||||
13 | Agency under this subsection for a PSD permit shall be | ||||||
14 | granted or denied by the Agency not later than one year | ||||||
15 | after the filing of such completed application. | ||||||
16 | (4) The Agency shall, after conferring with the | ||||||
17 | applicant, give written
notice to the applicant of its | ||||||
18 | proposed decision on the application, including
the terms | ||||||
19 | and conditions of the permit to be issued and the facts, | ||||||
20 | conduct,
or other basis upon which the Agency will rely to | ||||||
21 | support its proposed action.
| ||||||
22 | (g) The Agency shall include as conditions upon all | ||||||
23 | permits issued for
hazardous waste disposal sites such | ||||||
24 | restrictions upon the future use
of such sites as are | ||||||
25 | reasonably necessary to protect public health and
the | ||||||
26 | environment, including permanent prohibition of the use of |
| |||||||
| |||||||
1 | such
sites for purposes which may create an unreasonable risk | ||||||
2 | of injury to human
health or to the environment. After | ||||||
3 | administrative and judicial challenges
to such restrictions | ||||||
4 | have been exhausted, the Agency shall file such
restrictions | ||||||
5 | of record in the Office of the Recorder of the county in which
| ||||||
6 | the hazardous waste disposal site is located.
| ||||||
7 | (h) A hazardous waste stream may not be deposited in a | ||||||
8 | permitted hazardous
waste site unless specific authorization | ||||||
9 | is obtained from the Agency by the
generator and disposal site | ||||||
10 | owner and operator for the deposit of that specific
hazardous | ||||||
11 | waste stream. The Agency may grant specific authorization for
| ||||||
12 | disposal of hazardous waste streams only after the generator | ||||||
13 | has reasonably
demonstrated that, considering
technological | ||||||
14 | feasibility and economic reasonableness, the hazardous waste
| ||||||
15 | cannot be reasonably recycled for reuse, nor incinerated or | ||||||
16 | chemically,
physically, or biologically treated so as to | ||||||
17 | neutralize the hazardous waste
and render it nonhazardous. In | ||||||
18 | granting authorization under this Section,
the Agency may | ||||||
19 | impose such conditions as may be necessary to accomplish
the | ||||||
20 | purposes of the Act and are consistent with this Act and | ||||||
21 | regulations
promulgated by the Board hereunder. If the Agency | ||||||
22 | refuses to grant
authorization under this Section, the | ||||||
23 | applicant may appeal as if the Agency
refused to grant a | ||||||
24 | permit, pursuant to the provisions of subsection (a) of
| ||||||
25 | Section 40 of this Act. For purposes of this subsection (h), | ||||||
26 | the term
"generator" has the meaning given in Section 3.205 of |
| |||||||
| |||||||
1 | this Act,
unless: (1) the hazardous waste is treated, | ||||||
2 | incinerated, or partially recycled
for reuse prior to | ||||||
3 | disposal, in which case the last person who treats,
| ||||||
4 | incinerates, or partially recycles the hazardous waste prior | ||||||
5 | to disposal is the
generator; or (2) the hazardous waste is | ||||||
6 | from a response action, in which case
the person performing | ||||||
7 | the response action is the generator. This subsection
(h) does | ||||||
8 | not apply to any hazardous waste that is restricted from land | ||||||
9 | disposal
under 35 Ill. Adm. Code 728.
| ||||||
10 | (i) Before issuing any RCRA permit, any permit for a waste | ||||||
11 | storage site,
sanitary landfill, waste disposal site, waste | ||||||
12 | transfer station, waste treatment
facility, waste incinerator, | ||||||
13 | or any waste-transportation operation, any permit or interim | ||||||
14 | authorization for a clean construction or demolition debris | ||||||
15 | fill operation, or any permit required under subsection (d-5) | ||||||
16 | of Section 55, the Agency
shall conduct an evaluation of the | ||||||
17 | prospective owner's or operator's prior
experience in waste | ||||||
18 | management operations, clean construction or demolition debris | ||||||
19 | fill operations, and tire storage site management. The Agency | ||||||
20 | may deny such a permit, or deny or revoke interim | ||||||
21 | authorization,
if the prospective owner or operator or any | ||||||
22 | employee or officer of the
prospective owner or operator has a | ||||||
23 | history of:
| ||||||
24 | (1) repeated violations of federal, State, or local | ||||||
25 | laws, regulations,
standards, or ordinances in the | ||||||
26 | operation of waste management facilities or
sites, clean |
| |||||||
| |||||||
1 | construction or demolition debris fill operation | ||||||
2 | facilities or sites, or tire storage sites; or
| ||||||
3 | (2) conviction in this or another State of any crime | ||||||
4 | which is a felony
under the laws of this State, or | ||||||
5 | conviction of a felony in a federal court; or conviction | ||||||
6 | in this or another state or federal court of any of the | ||||||
7 | following crimes: forgery, official misconduct, bribery, | ||||||
8 | perjury, or knowingly submitting false information under | ||||||
9 | any environmental law, regulation, or permit term or | ||||||
10 | condition; or
| ||||||
11 | (3) proof of gross carelessness or incompetence in | ||||||
12 | handling, storing,
processing, transporting, or disposing | ||||||
13 | of waste, clean construction or demolition debris, or used | ||||||
14 | or waste tires, or proof of gross carelessness or | ||||||
15 | incompetence in using clean construction or demolition | ||||||
16 | debris as fill.
| ||||||
17 | (i-5) Before issuing any permit or approving any interim | ||||||
18 | authorization for a clean construction or demolition debris | ||||||
19 | fill operation in which any ownership interest is transferred | ||||||
20 | between January 1, 2005, and the effective date of the | ||||||
21 | prohibition set forth in Section 22.52 of this Act, the Agency | ||||||
22 | shall conduct an evaluation of the operation if any previous | ||||||
23 | activities at the site or facility may have caused or allowed | ||||||
24 | contamination of the site. It shall be the responsibility of | ||||||
25 | the owner or operator seeking the permit or interim | ||||||
26 | authorization to provide to the Agency all of the information |
| |||||||
| |||||||
1 | necessary for the Agency to conduct its evaluation. The Agency | ||||||
2 | may deny a permit or interim authorization if previous | ||||||
3 | activities at the site may have caused or allowed | ||||||
4 | contamination at the site, unless such contamination is | ||||||
5 | authorized under any permit issued by the Agency.
| ||||||
6 | (j) The issuance under this Act of a permit to engage in | ||||||
7 | the surface mining
of any resources other than fossil fuels | ||||||
8 | shall not relieve
the permittee from its duty to comply with | ||||||
9 | any applicable local law regulating
the commencement, | ||||||
10 | location, or operation of surface mining facilities.
| ||||||
11 | (k) A development permit issued under subsection (a) of | ||||||
12 | Section 39 for any
facility or site which is required to have a | ||||||
13 | permit under subsection (d) of
Section 21 shall expire at the | ||||||
14 | end of 2 calendar years from the date upon which
it was issued, | ||||||
15 | unless within that period the applicant has taken action to
| ||||||
16 | develop the facility or the site. In the event that review of | ||||||
17 | the
conditions of the development permit is sought pursuant to | ||||||
18 | Section 40 or
41, or permittee is prevented from commencing | ||||||
19 | development of the facility
or site by any other litigation | ||||||
20 | beyond the permittee's control, such
two-year period shall be | ||||||
21 | deemed to begin on the date upon which such review
process or | ||||||
22 | litigation is concluded.
| ||||||
23 | (l) No permit shall be issued by the Agency under this Act | ||||||
24 | for
construction or operation of any facility or site located | ||||||
25 | within the
boundaries of any setback zone established pursuant | ||||||
26 | to this Act, where such
construction or operation is |
| |||||||
| |||||||
1 | prohibited.
| ||||||
2 | (m) The Agency may issue permits to persons owning or | ||||||
3 | operating
a facility for composting landscape waste. In | ||||||
4 | granting such permits, the Agency
may impose such conditions | ||||||
5 | as may be necessary to accomplish the purposes of
this Act, and | ||||||
6 | as are not inconsistent with applicable regulations | ||||||
7 | promulgated
by the Board. Except as otherwise provided in this | ||||||
8 | Act, a bond or other
security shall not be required as a | ||||||
9 | condition for the issuance of a permit. If
the Agency denies | ||||||
10 | any permit pursuant to this subsection, the Agency shall
| ||||||
11 | transmit to the applicant within the time limitations of this | ||||||
12 | subsection
specific, detailed statements as to the reasons the | ||||||
13 | permit application was
denied. Such statements shall include | ||||||
14 | but not be limited to the following:
| ||||||
15 | (1) the Sections of this Act that may be violated if | ||||||
16 | the permit
were granted;
| ||||||
17 | (2) the specific regulations promulgated pursuant to | ||||||
18 | this
Act that may be violated if the permit were granted;
| ||||||
19 | (3) the specific information, if any, the Agency deems | ||||||
20 | the
applicant did not provide in its application to the | ||||||
21 | Agency; and
| ||||||
22 | (4) a statement of specific reasons why the Act and | ||||||
23 | the regulations
might be violated if the permit were | ||||||
24 | granted.
| ||||||
25 | If no final action is taken by the Agency within 90 days | ||||||
26 | after the filing
of the application for permit, the applicant |
| |||||||
| |||||||
1 | may deem the permit issued.
Any applicant for a permit may | ||||||
2 | waive the 90-day limitation by filing a
written statement with | ||||||
3 | the Agency.
| ||||||
4 | The Agency shall issue permits for such facilities upon | ||||||
5 | receipt of an
application that includes a legal description of | ||||||
6 | the site, a topographic
map of the site drawn to the scale of | ||||||
7 | 200 feet to the inch or larger, a
description of the operation, | ||||||
8 | including the area served, an estimate of
the volume of | ||||||
9 | materials to be processed, and documentation that:
| ||||||
10 | (1) the facility includes a setback of at
least 200 | ||||||
11 | feet from the nearest potable water supply well;
| ||||||
12 | (2) the facility is located outside the boundary
of | ||||||
13 | the 10-year floodplain or the site will be floodproofed;
| ||||||
14 | (3) the facility is located so as to minimize
| ||||||
15 | incompatibility with the character of the surrounding | ||||||
16 | area, including at
least a 200 foot setback from any | ||||||
17 | residence, and in the case of a
facility that is developed | ||||||
18 | or the permitted composting area of which is
expanded | ||||||
19 | after November 17, 1991, the composting area is located at | ||||||
20 | least 1/8
mile from the nearest residence (other than a | ||||||
21 | residence located on the same
property as the facility);
| ||||||
22 | (4) the design of the facility will prevent any | ||||||
23 | compost material from
being placed within 5 feet of the | ||||||
24 | water table, will adequately control runoff
from the site, | ||||||
25 | and will collect and manage any leachate that is generated | ||||||
26 | on
the site;
|
| |||||||
| |||||||
1 | (5) the operation of the facility will include | ||||||
2 | appropriate dust
and odor control measures, limitations on | ||||||
3 | operating hours, appropriate
noise control measures for | ||||||
4 | shredding, chipping and similar equipment,
management | ||||||
5 | procedures for composting, containment and disposal of
| ||||||
6 | non-compostable wastes, procedures to be used for
| ||||||
7 | terminating operations at the site, and recordkeeping | ||||||
8 | sufficient to
document the amount of materials received, | ||||||
9 | composted, and otherwise
disposed of; and
| ||||||
10 | (6) the operation will be conducted in accordance with | ||||||
11 | any applicable
rules adopted by the Board.
| ||||||
12 | The Agency shall issue renewable permits of not longer | ||||||
13 | than 10 years
in duration for the composting of landscape | ||||||
14 | wastes, as defined in Section
3.155 of this Act, based on the | ||||||
15 | above requirements.
| ||||||
16 | The operator of any facility permitted under this | ||||||
17 | subsection (m) must
submit a written annual statement to the | ||||||
18 | Agency on or before April 1 of
each year that includes an | ||||||
19 | estimate of the amount of material, in tons,
received for | ||||||
20 | composting.
| ||||||
21 | (n) The Agency shall issue permits jointly with the | ||||||
22 | Department of
Transportation for the dredging or deposit of | ||||||
23 | material in Lake Michigan in
accordance with Section 18 of the | ||||||
24 | Rivers, Lakes, and Streams Act.
| ||||||
25 | (o) (Blank).
| ||||||
26 | (p) (1) Any person submitting an application for a permit |
| |||||||
| |||||||
1 | for a new MSWLF
unit or for a lateral expansion under | ||||||
2 | subsection (t) of Section 21 of this Act
for an existing MSWLF | ||||||
3 | unit that has not received and is not subject to local
siting | ||||||
4 | approval under Section 39.2 of this Act shall publish notice | ||||||
5 | of the
application in a newspaper of general circulation in | ||||||
6 | the county in which the
MSWLF unit is or is proposed to be | ||||||
7 | located. The notice must be published at
least 15 days before | ||||||
8 | submission of the permit application to the Agency. The
notice | ||||||
9 | shall state the name and address of the applicant, the | ||||||
10 | location of the
MSWLF unit or proposed MSWLF unit, the nature | ||||||
11 | and size of the MSWLF unit or
proposed MSWLF unit, the nature | ||||||
12 | of the activity proposed, the probable life of
the proposed | ||||||
13 | activity, the date the permit application will be submitted, | ||||||
14 | and a
statement that persons may file written comments with | ||||||
15 | the Agency concerning the
permit application within 30 days | ||||||
16 | after the filing of the permit application
unless the time | ||||||
17 | period to submit comments is extended by the Agency.
| ||||||
18 | When a permit applicant submits information to the Agency | ||||||
19 | to supplement a
permit application being reviewed by the | ||||||
20 | Agency, the applicant shall not be
required to reissue the | ||||||
21 | notice under this subsection.
| ||||||
22 | (2) The Agency shall accept written comments concerning | ||||||
23 | the permit
application that are postmarked no later than 30 | ||||||
24 | days after the
filing of the permit application, unless the | ||||||
25 | time period to accept comments is
extended by the Agency.
| ||||||
26 | (3) Each applicant for a permit described in part (1) of |
| |||||||
| |||||||
1 | this subsection
shall file a
copy of the permit application | ||||||
2 | with the county board or governing body of the
municipality in | ||||||
3 | which the MSWLF unit is or is proposed to be located at the
| ||||||
4 | same time the application is submitted to the Agency. The | ||||||
5 | permit application
filed with the county board or governing | ||||||
6 | body of the municipality shall include
all documents submitted | ||||||
7 | to or to be submitted to the Agency, except trade
secrets as | ||||||
8 | determined under Section 7.1 of this Act. The permit | ||||||
9 | application
and other documents on file with the county board | ||||||
10 | or governing body of the
municipality shall be made available | ||||||
11 | for public inspection during regular
business hours at the | ||||||
12 | office of the county board or the governing body of the
| ||||||
13 | municipality and may be copied upon payment of the actual cost | ||||||
14 | of
reproduction.
| ||||||
15 | (q) Within 6 months after July 12, 2011 (the effective | ||||||
16 | date of Public Act 97-95), the Agency, in consultation with | ||||||
17 | the regulated community, shall develop a web portal to be | ||||||
18 | posted on its website for the purpose of enhancing review and | ||||||
19 | promoting timely issuance of permits required by this Act. At | ||||||
20 | a minimum, the Agency shall make the following information | ||||||
21 | available on the web portal: | ||||||
22 | (1) Checklists and guidance relating to the completion | ||||||
23 | of permit applications, developed pursuant to subsection | ||||||
24 | (s) of this Section, which may include, but are not | ||||||
25 | limited to, existing instructions for completing the | ||||||
26 | applications and examples of complete applications. As the |
| |||||||
| |||||||
1 | Agency develops new checklists and develops guidance, it | ||||||
2 | shall supplement the web portal with those materials. | ||||||
3 | (2) Within 2 years after July 12, 2011 (the effective | ||||||
4 | date of Public Act 97-95), permit application forms or | ||||||
5 | portions of permit applications that can be completed and | ||||||
6 | saved electronically, and submitted to the Agency | ||||||
7 | electronically with digital signatures. | ||||||
8 | (3) Within 2 years after July 12, 2011 (the effective | ||||||
9 | date of Public Act 97-95), an online tracking system where | ||||||
10 | an applicant may review the status of its pending | ||||||
11 | application, including the name and contact information of | ||||||
12 | the permit analyst assigned to the application. Until the | ||||||
13 | online tracking system has been developed, the Agency | ||||||
14 | shall post on its website semi-annual permitting | ||||||
15 | efficiency tracking reports that include statistics on the | ||||||
16 | timeframes for Agency action on the following types of | ||||||
17 | permits received after July 12, 2011 (the effective date | ||||||
18 | of Public Act 97-95): air construction permits, new NPDES | ||||||
19 | permits and associated water construction permits, and | ||||||
20 | modifications of major NPDES permits and associated water | ||||||
21 | construction permits. The reports must be posted by | ||||||
22 | February 1 and August 1 each year and shall include: | ||||||
23 | (A) the number of applications received for each | ||||||
24 | type of permit, the number of applications on which | ||||||
25 | the Agency has taken action, and the number of | ||||||
26 | applications still pending; and |
| |||||||
| |||||||
1 | (B) for those applications where the Agency has | ||||||
2 | not taken action in accordance with the timeframes set | ||||||
3 | forth in this Act, the date the application was | ||||||
4 | received and the reasons for any delays, which may | ||||||
5 | include, but shall not be limited to, (i) the | ||||||
6 | application being inadequate or incomplete, (ii) | ||||||
7 | scientific or technical disagreements with the | ||||||
8 | applicant, USEPA, or other local, state, or federal | ||||||
9 | agencies involved in the permitting approval process, | ||||||
10 | (iii) public opposition to the permit, or (iv) Agency | ||||||
11 | staffing shortages. To the extent practicable, the | ||||||
12 | tracking report shall provide approximate dates when | ||||||
13 | cause for delay was identified by the Agency, when the | ||||||
14 | Agency informed the applicant of the problem leading | ||||||
15 | to the delay, and when the applicant remedied the | ||||||
16 | reason for the delay. | ||||||
17 | (r) Upon the request of the applicant, the Agency shall | ||||||
18 | notify the applicant of the permit analyst assigned to the | ||||||
19 | application upon its receipt. | ||||||
20 | (s) The Agency is authorized to prepare and distribute | ||||||
21 | guidance documents relating to its administration of this | ||||||
22 | Section and procedural rules implementing this Section. | ||||||
23 | Guidance documents prepared under this subsection shall not be | ||||||
24 | considered rules and shall not be subject to the Illinois | ||||||
25 | Administrative Procedure Act. Such guidance shall not be | ||||||
26 | binding on any party. |
| |||||||
| |||||||
1 | (t) Except as otherwise prohibited by federal law or | ||||||
2 | regulation, any person submitting an application for a permit | ||||||
3 | may include with the application suggested permit language for | ||||||
4 | Agency consideration. The Agency is not obligated to use the | ||||||
5 | suggested language or any portion thereof in its permitting | ||||||
6 | decision. If requested by the permit applicant, the Agency | ||||||
7 | shall meet with the applicant to discuss the suggested | ||||||
8 | language. | ||||||
9 | (u) If requested by the permit applicant, the Agency shall | ||||||
10 | provide the permit applicant with a copy of the draft permit | ||||||
11 | prior to any public review period. | ||||||
12 | (v) If requested by the permit applicant, the Agency shall | ||||||
13 | provide the permit applicant with a copy of the final permit | ||||||
14 | prior to its issuance. | ||||||
15 | (w) An air pollution permit shall not be required due to | ||||||
16 | emissions of greenhouse gases, as specified by Section 9.15 of | ||||||
17 | this Act. | ||||||
18 | (x) If, before the expiration of a State operating permit | ||||||
19 | that is issued pursuant to subsection (a) of this Section and | ||||||
20 | contains federally enforceable conditions limiting the | ||||||
21 | potential to emit of the source to a level below the major | ||||||
22 | source threshold for that source so as to exclude the source | ||||||
23 | from the Clean Air Act Permit Program, the Agency receives a | ||||||
24 | complete application for the renewal of that permit, then all | ||||||
25 | of the terms and conditions of the permit shall remain in | ||||||
26 | effect until final administrative action has been taken on the |
| |||||||
| |||||||
1 | application for the renewal of the permit. | ||||||
2 | (y) The Agency may issue permits exclusively under this | ||||||
3 | subsection to persons owning or operating a CCR surface | ||||||
4 | impoundment subject to Section 22.59. | ||||||
5 | (z) If a mass animal mortality event is declared by the | ||||||
6 | Department of Agriculture in accordance with the Animal | ||||||
7 | Mortality Act: | ||||||
8 | (1) the owner or operator responsible for the disposal | ||||||
9 | of dead animals is exempted from the following: | ||||||
10 | (i) obtaining a permit for the construction, | ||||||
11 | installation, or operation of any type of facility or | ||||||
12 | equipment issued in accordance with subsection (a) of | ||||||
13 | this Section; | ||||||
14 | (ii) obtaining a permit for open burning in | ||||||
15 | accordance with the rules adopted by the Board; and | ||||||
16 | (iii) registering the disposal of dead animals as | ||||||
17 | an eligible small source with the Agency in accordance | ||||||
18 | with Section 9.14 of this Act; | ||||||
19 | (2) as applicable, the owner or operator responsible | ||||||
20 | for the disposal of dead animals is required to obtain the | ||||||
21 | following permits: | ||||||
22 | (i) an NPDES permit in accordance with subsection | ||||||
23 | (b) of this Section; | ||||||
24 | (ii) a PSD permit or an NA NSR permit in accordance | ||||||
25 | with Section 9.1 of this Act; | ||||||
26 | (iii) a lifetime State operating permit or a |
| |||||||
| |||||||
1 | federally enforceable State operating permit, in | ||||||
2 | accordance with subsection (a) of this Section; or | ||||||
3 | (iv) a CAAPP permit, in accordance with Section | ||||||
4 | 39.5 of this Act. | ||||||
5 | All CCR surface impoundment permits shall contain those | ||||||
6 | terms and conditions, including, but not limited to, schedules | ||||||
7 | of compliance, which may be required to accomplish the | ||||||
8 | purposes and provisions of this Act, Board regulations, the | ||||||
9 | Illinois Groundwater Protection Act and regulations pursuant | ||||||
10 | thereto, and the Resource Conservation and Recovery Act and | ||||||
11 | regulations pursuant thereto, and may include schedules for | ||||||
12 | achieving compliance therewith as soon as possible. | ||||||
13 | The Board shall adopt filing requirements and procedures | ||||||
14 | that are necessary and appropriate for the issuance of CCR | ||||||
15 | surface impoundment permits and that are consistent with this | ||||||
16 | Act or regulations adopted by the Board, and with the RCRA, as | ||||||
17 | amended, and regulations pursuant thereto. | ||||||
18 | The applicant shall make available to the public for | ||||||
19 | inspection all documents submitted by the applicant to the | ||||||
20 | Agency in furtherance of an application, with the exception of | ||||||
21 | trade secrets, on its public internet website as well as at the | ||||||
22 | office of the county board or governing body of the | ||||||
23 | municipality where CCR from the CCR surface impoundment will | ||||||
24 | be permanently disposed. Such documents may be copied upon | ||||||
25 | payment of the actual cost of reproduction during regular | ||||||
26 | business hours of the local office. |
| |||||||
| |||||||
1 | The Agency shall issue a written statement concurrent with | ||||||
2 | its grant or denial of the permit explaining the basis for its | ||||||
3 | decision. | ||||||
4 | (aa) An applicant for a permit for the construction of a | ||||||
5 | new source that will become a major source subject to the Clean | ||||||
6 | Air Act Permit Program under Section 39.5 and will be located | ||||||
7 | in an environmental justice community or a new source that has | ||||||
8 | required or will require a federally enforceable State | ||||||
9 | operating permit and will be located in an environmental | ||||||
10 | justice community must conduct a public meeting prior to | ||||||
11 | submission of the permit application and must submit with the | ||||||
12 | permit application an environmental justice assessment | ||||||
13 | identifying the potential environmental and health impacts to | ||||||
14 | the area associated with the proposed project. This subsection | ||||||
15 | (aa) also applies to permit applications for modifications or | ||||||
16 | expansions to existing sources that will result in an increase | ||||||
17 | in the hourly rate of emissions or the total annual emissions | ||||||
18 | of any air pollutant. | ||||||
19 | Before submitting the permit application to the Agency and | ||||||
20 | after obtaining local siting approval under Section 39.2, the | ||||||
21 | applicant must conduct a public meeting within the | ||||||
22 | environmental justice community where the proposed source is | ||||||
23 | to be located and collect public comments. Notice of the | ||||||
24 | public meeting must be provided 30 days in advance of the | ||||||
25 | meeting and in accordance with the following requirements: | ||||||
26 | (1) The notice shall be: |
| |||||||
| |||||||
1 | (A) provided to local elected officials in the | ||||||
2 | area where the proposed source is to be located, | ||||||
3 | including the mayor or village president, municipal | ||||||
4 | clerk, county board chairman, county clerk, and | ||||||
5 | State's Attorney; | ||||||
6 | (B) provided to members of the General Assembly | ||||||
7 | from the legislative district in which the proposed | ||||||
8 | source is to be located; | ||||||
9 | (C) provided to directors of child care centers | ||||||
10 | licensed by the Department of Children and Family | ||||||
11 | Services, school principals, and public park | ||||||
12 | superintendents who oversee facilities located within | ||||||
13 | one mile of the proposed source; | ||||||
14 | (D) published in a newspaper of general | ||||||
15 | circulation; and | ||||||
16 | (E) posted on a website of the applicant with a | ||||||
17 | link provided to the Agency for posting on the | ||||||
18 | Agency's website. | ||||||
19 | (2) The notice of the public meeting shall include the | ||||||
20 | following: | ||||||
21 | (A) The name and address of the applicant and the | ||||||
22 | proposed source. | ||||||
23 | (B) The activity or activities at the proposed | ||||||
24 | source to be permitted. | ||||||
25 | (C) The anticipated potential to emit and | ||||||
26 | allowable emissions for regulated pollutants of the |
| |||||||
| |||||||
1 | proposed source. | ||||||
2 | (D) The date, time, and location of the public | ||||||
3 | meeting. | ||||||
4 | (E) The deadline for submission of written | ||||||
5 | comments. | ||||||
6 | (F) The mailing address or email address where | ||||||
7 | written comments can be submitted. | ||||||
8 | (G) The website where the summary of the | ||||||
9 | environmental justice assessment required under | ||||||
10 | subsection (bb) can be accessed. | ||||||
11 | (3) For a community determined to be in linguistic | ||||||
12 | isolation, the applicant shall provide the public notice | ||||||
13 | in a multilingual format appropriate to the needs of the | ||||||
14 | linguistically isolated community and shall provide oral | ||||||
15 | and written translation services at the public meeting. | ||||||
16 | The applicant shall present a summary of the environmental | ||||||
17 | justice assessment required under subsection (bb) at the | ||||||
18 | public meeting. | ||||||
19 | The applicant must accept written public comments from the | ||||||
20 | date the public notice is provided through at least 30 days | ||||||
21 | following the public meeting. | ||||||
22 | The applicant must provide with its permit application a | ||||||
23 | copy of the notice and a certification, subject to penalty of | ||||||
24 | law, signed by a responsible official for the permit applicant | ||||||
25 | attesting to the fact that a public meeting was held, the | ||||||
26 | information that was provided by the applicant and the permit |
| |||||||
| |||||||
1 | applicant collected written and transcribed oral public | ||||||
2 | comments collected by the applicant in accordance with the | ||||||
3 | requirements of this subsection (aa). | ||||||
4 | The failure of the applicant to comply with the procedural | ||||||
5 | requirements of this subsection (aa) will result in a finding | ||||||
6 | of incompleteness or denial of the subsequent permit | ||||||
7 | application by the Agency. | ||||||
8 | The Agency may propose and the Board may adopt rules | ||||||
9 | regarding the implementation of this subsection (aa). | ||||||
10 | (bb) The permit application under subsection (aa) shall | ||||||
11 | include an environmental justice assessment. The environmental | ||||||
12 | justice assessment shall consist of the following: | ||||||
13 | (1) Air dispersion modeling examining the air | ||||||
14 | quality-related impacts from the proposed project in | ||||||
15 | combination with existing mobile and stationary sources of | ||||||
16 | emissions. | ||||||
17 | The air dispersion modeling must address emissions | ||||||
18 | associated with a new or modified CAAPP source as well as | ||||||
19 | emissions from any existing source that will comprise part | ||||||
20 | of a single stationary source with the new or modified | ||||||
21 | CAAPP source under the requirements of Section 39.5. | ||||||
22 | If the air dispersion modeling reveals estimated | ||||||
23 | off-site impacts from the proposed project of a | ||||||
24 | significant nature, the applicant shall also identify | ||||||
25 | efforts that will be undertaken by the applicant during | ||||||
26 | the construction or operation of the new source to |
| |||||||
| |||||||
1 | mitigate such impacts. | ||||||
2 | (2) A modeling protocol submitted to the Agency for | ||||||
3 | review and consideration prior to performance of the air | ||||||
4 | dispersion modeling. The modeling protocol shall include | ||||||
5 | analyses sufficient to evaluate short-term impacts to air | ||||||
6 | quality and impacts to air quality from nonstandard | ||||||
7 | operating conditions, such as worst case emission | ||||||
8 | estimates under a variety of weather and atmospheric | ||||||
9 | conditions and emissions associated with startup, | ||||||
10 | shutdown, maintenance, and outages. Any Agency | ||||||
11 | recommendations for revisions to the modeling protocol | ||||||
12 | shall be provided in writing to the applicant within 120 | ||||||
13 | days after receipt of the modeling protocol. The modeling | ||||||
14 | shall be performed using accepted USEPA methodologies. | ||||||
15 | (3) An environmental impact review evaluating the | ||||||
16 | direct, indirect, and cumulative environmental impacts to | ||||||
17 | the environmental justice community that are associated | ||||||
18 | with the proposed project. The environmental impact review | ||||||
19 | shall include, but shall not be limited to, the following: | ||||||
20 | (A) A qualitative and quantitative assessment of | ||||||
21 | emissions-related impacts to the area from the | ||||||
22 | project, including identifying the maximum allowable | ||||||
23 | emissions of criteria pollutants and hazardous air | ||||||
24 | pollutant emissions to be anticipated from the | ||||||
25 | proposed new source. | ||||||
26 | (B) An assessment of the health-based indicators |
| |||||||
| |||||||
1 | for inhalation exposure, including, but not limited | ||||||
2 | to, impacts to the respiratory, hematological, | ||||||
3 | neurological, cardiovascular, renal, and hepatic | ||||||
4 | systems and cancer rates. | ||||||
5 | The environmental justice assessment must be completed by | ||||||
6 | an independent third party. | ||||||
7 | If the environmental justice assessment shows that the | ||||||
8 | proposed project will cause harm to the environment or public | ||||||
9 | health, the Agency shall impose conditions in the permit that | ||||||
10 | will mitigate such harm or deny the permit if such harm is | ||||||
11 | unavoidable and causes or contributes to disproportionate | ||||||
12 | harm. | ||||||
13 | The Agency shall propose and the Board shall adopt rules | ||||||
14 | regarding the implementation of this subsection, including, at | ||||||
15 | a minimum, the type and nature of air dispersion modeling, the | ||||||
16 | contents of the modeling protocol and environmental impact | ||||||
17 | review, and a description of harm and disproportionate harm | ||||||
18 | that may be evidenced by the environmental justice assessment. | ||||||
19 | (cc) Before issuing any covered non-CAAPP permit, the | ||||||
20 | Agency shall conduct an evaluation of the prospective owner's | ||||||
21 | or operator's prior experience in owning and operating sources | ||||||
22 | of air pollution. The Agency may deny the permit if the | ||||||
23 | prospective owner or operator or any employee or officer of | ||||||
24 | the prospective owner or operator or any board member has a | ||||||
25 | history of: | ||||||
26 | (1) repeated violations of federal, State, or local |
| |||||||
| |||||||
1 | laws, rules, regulations, standards, or ordinances | ||||||
2 | involving the ownership or operation of sources of air | ||||||
3 | pollution; | ||||||
4 | (2) conviction: | ||||||
5 | (A) in this or another state of any crime that is a | ||||||
6 | felony under the laws of this State; | ||||||
7 | (B) of a felony in a federal court; or | ||||||
8 | (C) in this or another state or federal court of | ||||||
9 | any of the following crimes: | ||||||
10 | (i) forgery; | ||||||
11 | (ii) official misconduct; | ||||||
12 | (iii) bribery; | ||||||
13 | (iv) perjury; or | ||||||
14 | (v) knowingly submitting false information | ||||||
15 | under any environmental law, rule, regulation, or | ||||||
16 | permit term or condition; or | ||||||
17 | (3) proof of gross carelessness or incompetence in the | ||||||
18 | ownership or operation of a source of air pollution. | ||||||
19 | (Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22; | ||||||
20 | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
| ||||||
21 | (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
| ||||||
22 | Sec. 39.2. Local siting review.
| ||||||
23 | (a) The county board of the county or the governing body of | ||||||
24 | the
municipality, as determined by paragraph (c) of Section 39 | ||||||
25 | of this Act, shall , subject to review,
approve or disapprove |
| |||||||
| |||||||
1 | the request for local siting approval for the following: (i) | ||||||
2 | each pollution
control facility ; (ii) an air pollution source | ||||||
3 | that, upon issuance of the requested construction permit, will | ||||||
4 | become a major source subject to Section 39.5 and will be | ||||||
5 | located in an environmental justice community; or (iii) an air | ||||||
6 | pollution source that has required or will require a federally | ||||||
7 | enforceable State operating permit and will be located in an | ||||||
8 | environmental justice community which is subject to such | ||||||
9 | review . An applicant for local
siting approval shall submit | ||||||
10 | sufficient details describing the proposed
facility and | ||||||
11 | evidence to demonstrate compliance, and local siting approval | ||||||
12 | shall be granted
only if the proposed facility meets the | ||||||
13 | following criteria:
| ||||||
14 | (i) the pollution control facility is necessary to | ||||||
15 | accommodate the waste needs of the area
it is intended to | ||||||
16 | serve;
| ||||||
17 | (ii) the pollution control facility or air pollution | ||||||
18 | source is so designed, located , and proposed to be | ||||||
19 | operated
that the public health, safety , and welfare will | ||||||
20 | be protected;
| ||||||
21 | (iii) the pollution control facility or air pollution | ||||||
22 | source is located so as to minimize incompatibility with | ||||||
23 | the
character of the surrounding area and to minimize the | ||||||
24 | effect on the value of
the surrounding property;
| ||||||
25 | (iv) (A) for a pollution control facility other than a | ||||||
26 | sanitary landfill or waste disposal
site, the pollution |
| |||||||
| |||||||
1 | control facility is located outside the boundary of the | ||||||
2 | 100-year 100 year flood plain
or the site is | ||||||
3 | flood-proofed; (B) for a pollution control facility that | ||||||
4 | is a sanitary landfill
or waste disposal site, the | ||||||
5 | pollution control facility is located outside the boundary | ||||||
6 | of the
100-year floodplain, or if the pollution control | ||||||
7 | facility is a facility described in subsection
(b)(3) of | ||||||
8 | Section 22.19a, the site is flood-proofed;
| ||||||
9 | (v) the plan of operations for the pollution control | ||||||
10 | facility or air pollution source is designed to minimize
| ||||||
11 | the danger to the surrounding area from fire, spills, or | ||||||
12 | other operational
accidents;
| ||||||
13 | (vi) the traffic patterns to or from the pollution | ||||||
14 | control facility or air pollution source are so designed | ||||||
15 | as to
minimize the impact on existing traffic flows;
| ||||||
16 | (vii) if the pollution control facility will be | ||||||
17 | treating, storing , or disposing of
hazardous waste, an | ||||||
18 | emergency response plan exists for the facility which
| ||||||
19 | includes notification, containment , and evacuation | ||||||
20 | procedures to be used in
case of an accidental release;
| ||||||
21 | (viii) if the pollution control facility is to be | ||||||
22 | located in a county where the county
board has adopted a | ||||||
23 | solid waste management plan consistent with the planning
| ||||||
24 | requirements of the Local Solid Waste Disposal Act or the | ||||||
25 | Solid Waste Planning
and Recycling Act, the pollution | ||||||
26 | control facility is
consistent with that plan; for |
| |||||||
| |||||||
1 | purposes of this criterion (viii), the "solid waste | ||||||
2 | management plan" means the plan that is in effect as of the | ||||||
3 | date the application for siting approval is filed; and
| ||||||
4 | (ix) if the pollution control facility will be located | ||||||
5 | within a regulated recharge area,
any applicable | ||||||
6 | requirements specified by the Board for such areas have | ||||||
7 | been
met.
| ||||||
8 | The county board or the governing body of the municipality | ||||||
9 | may also
consider as evidence the previous operating | ||||||
10 | experience and past record of
convictions or admissions of | ||||||
11 | violations of the pollution control facility applicant (and | ||||||
12 | any subsidiary
or parent corporation) in the field of solid | ||||||
13 | waste management when
considering criteria (ii) and (v) under | ||||||
14 | this Section. | ||||||
15 | If the pollution control facility is subject to the | ||||||
16 | location restrictions in Section 22.14 of this Act, compliance | ||||||
17 | with that Section shall be determined as of the date the | ||||||
18 | application for siting approval is filed.
| ||||||
19 | (b) No later than 14 days before the date on which the | ||||||
20 | county board or
governing body of the municipality receives a | ||||||
21 | request for
site approval, the applicant shall cause written | ||||||
22 | notice
of such request to be served either in person or by | ||||||
23 | registered mail, return
receipt requested, on the owners of | ||||||
24 | all property within the subject area not
solely owned by the | ||||||
25 | applicant, and on the owners of all property within 250
feet in | ||||||
26 | each direction of the lot line of the subject property, said |
| |||||||
| |||||||
1 | owners
being such persons or entities which appear from the | ||||||
2 | authentic tax records of
the county County in which such | ||||||
3 | pollution control facility or air pollution source is to be | ||||||
4 | located; provided, that the number
of all feet occupied by all | ||||||
5 | public roads, streets, alleys , and other public ways
shall be | ||||||
6 | excluded in computing the 250 feet requirement; provided | ||||||
7 | further, that
in no event shall this requirement exceed 400 | ||||||
8 | feet, including public streets,
alleys , and other public ways.
| ||||||
9 | Such written notice shall also be served upon members of | ||||||
10 | the General Assembly
from the legislative district in which | ||||||
11 | the proposed pollution control facility or air pollution | ||||||
12 | source is located
and shall be published in a newspaper of | ||||||
13 | general circulation published in
the county in which the site | ||||||
14 | is located.
| ||||||
15 | Such notice shall state the name and address of the | ||||||
16 | applicant, the location
of the proposed site, the nature and | ||||||
17 | size of the development, the nature of the
activity proposed, | ||||||
18 | the probable life of the proposed activity, the date when
the | ||||||
19 | request for site approval will be submitted, and a description | ||||||
20 | of the right
of persons to comment on such request as hereafter | ||||||
21 | provided.
| ||||||
22 | (c) An applicant shall file a copy of its request with the | ||||||
23 | county board
of the county or the governing body of the | ||||||
24 | municipality in which the proposed
site is located. The | ||||||
25 | request shall include (i) the substance of the
applicant's | ||||||
26 | proposal and (ii) all documents, if any, submitted as of that |
| |||||||
| |||||||
1 | date
to the Agency pertaining to the proposed pollution | ||||||
2 | control facility or air pollution source , except trade secrets | ||||||
3 | as
determined under Section 7.1 of this Act. All such | ||||||
4 | documents or other
materials on file with the county board or | ||||||
5 | governing body of the municipality
shall be made available for | ||||||
6 | public inspection at the office of the county board
or the | ||||||
7 | governing body of the municipality and may be copied upon | ||||||
8 | payment of the
actual cost of reproduction.
| ||||||
9 | Any person may file written comment with the county board | ||||||
10 | or governing
body of the municipality concerning the | ||||||
11 | appropriateness of the proposed
site for its intended purpose. | ||||||
12 | The county board or governing body of the
municipality shall | ||||||
13 | consider any comment received or postmarked not later
than 30 | ||||||
14 | days after the date of the last public hearing.
| ||||||
15 | (d) At least one public hearing, at which an applicant | ||||||
16 | shall present at least one witness to testify subject to | ||||||
17 | cross-examination, is to be held by the county board or
| ||||||
18 | governing body of the municipality no sooner than 90 days but | ||||||
19 | no later than
120 days after the date on which it received the
| ||||||
20 | request for site approval. No later than 14 days prior to such | ||||||
21 | hearing,
notice shall be published in a newspaper of general | ||||||
22 | circulation published in
the county of the proposed site, and | ||||||
23 | delivered by certified mail to all members
of the General | ||||||
24 | Assembly from the district in which the proposed site is
| ||||||
25 | located, to the governing authority of every municipality | ||||||
26 | contiguous to the
proposed site or contiguous to the |
| |||||||
| |||||||
1 | municipality in which the proposed site is
to be located, to | ||||||
2 | the county board of the county where the proposed site is to
be | ||||||
3 | located, if the proposed site is located within the boundaries | ||||||
4 | of a
municipality, and to the Agency. Members or | ||||||
5 | representatives of the governing
authority of a municipality | ||||||
6 | contiguous to the proposed site or contiguous to
the | ||||||
7 | municipality in which the proposed site is to be located and, | ||||||
8 | if the
proposed site is located in a municipality, members or | ||||||
9 | representatives of the
county board of a county in which the | ||||||
10 | proposed site is to be located may appear
at and participate in | ||||||
11 | public hearings held pursuant to this Section. The
public | ||||||
12 | hearing shall develop a record sufficient to form the basis of | ||||||
13 | appeal
of the decision in accordance with Section 40.1 of this | ||||||
14 | Act. The fact that a
member of the county board or governing | ||||||
15 | body of the municipality has publicly
expressed an opinion on | ||||||
16 | an issue related to a site review proceeding shall not
| ||||||
17 | preclude the member from taking part in the proceeding and | ||||||
18 | voting on the issue.
| ||||||
19 | (e) Decisions of the county board or governing body of the | ||||||
20 | municipality
are to be in writing, confirming a public hearing | ||||||
21 | was held with testimony from at least one witness presented by | ||||||
22 | the applicant, specifying the reasons for the decision, such | ||||||
23 | reasons
to be in conformance with subsection (a) of this | ||||||
24 | Section. In granting approval
for a site the county board or | ||||||
25 | governing body of the municipality may impose
such conditions | ||||||
26 | as may be reasonable and necessary to accomplish the purposes
|
| |||||||
| |||||||
1 | of this Section and as are not inconsistent with regulations | ||||||
2 | promulgated
by the Board. Such decision shall be available for | ||||||
3 | public inspection at
the office of the county board or | ||||||
4 | governing body of the municipality and
may be copied upon | ||||||
5 | payment of the actual cost of reproduction. If there is
no | ||||||
6 | final action by the county board or governing body of the | ||||||
7 | municipality
within 180 days after the date on which it | ||||||
8 | received the
request for site approval, the applicant may deem | ||||||
9 | the request approved.
| ||||||
10 | At the public hearing, at any time prior to completion by | ||||||
11 | the applicant of the presentation of
the applicant's factual | ||||||
12 | evidence, testimony, and an opportunity for cross-examination
| ||||||
13 | by the county board or governing body of the municipality and | ||||||
14 | any participants,
the applicant may file not more than one | ||||||
15 | amended application upon payment
of additional fees pursuant | ||||||
16 | to subsection (k); in which case the time
limitation for final | ||||||
17 | action set forth in this subsection (e) shall
be extended for | ||||||
18 | an additional period of 90 days.
| ||||||
19 | If, prior to making a final local siting decision, a | ||||||
20 | county board or
governing body of a municipality has | ||||||
21 | negotiated and entered into a host
agreement with the local | ||||||
22 | siting applicant, the terms and conditions of
the host | ||||||
23 | agreement, whether written or oral, shall be disclosed and | ||||||
24 | made
a part of the hearing record for that local siting | ||||||
25 | proceeding.
In the case of an oral agreement, the disclosure | ||||||
26 | shall be made in the form
of a written summary jointly prepared |
| |||||||
| |||||||
1 | and submitted by the county board or
governing body of the | ||||||
2 | municipality and the siting applicant and shall describe
the | ||||||
3 | terms and conditions of the oral agreement.
| ||||||
4 | (e-5) Siting approval obtained pursuant to this Section is | ||||||
5 | transferable
and may be transferred to a subsequent owner or | ||||||
6 | operator. In the event that
siting approval has been | ||||||
7 | transferred to a subsequent owner or operator, that
subsequent | ||||||
8 | owner or operator assumes and takes subject to any and all
| ||||||
9 | conditions imposed upon the prior owner or operator by the | ||||||
10 | county board of
the county or governing body of the | ||||||
11 | municipality pursuant to subsection (e).
However, any such | ||||||
12 | conditions imposed pursuant to this Section may be modified
by | ||||||
13 | agreement between the subsequent owner or operator and the | ||||||
14 | appropriate
county board or governing body. Further, in the | ||||||
15 | event that siting approval
obtained pursuant to this Section | ||||||
16 | has been transferred to a subsequent owner or
operator, that | ||||||
17 | subsequent owner or operator assumes all rights and | ||||||
18 | obligations
and takes the facility subject to any and all | ||||||
19 | terms and conditions of any
existing host agreement between | ||||||
20 | the prior owner or operator and the appropriate
county board | ||||||
21 | or governing body.
| ||||||
22 | (f) A local siting approval granted under this Section | ||||||
23 | shall expire at
the end of 2 calendar years from the date upon | ||||||
24 | which it was granted, unless
the local siting approval granted | ||||||
25 | under this Section is for a sanitary landfill
operation, in | ||||||
26 | which case the approval shall expire at the end of 3 calendar
|
| |||||||
| |||||||
1 | years from the date upon which it was granted, and unless | ||||||
2 | within that period
the applicant has made application to the | ||||||
3 | Agency for a
permit to develop the site. In the event that the | ||||||
4 | local siting decision has
been appealed, such expiration | ||||||
5 | period shall be deemed to begin on the date
upon which the | ||||||
6 | appeal process is concluded.
| ||||||
7 | Except as otherwise provided in this subsection, upon the | ||||||
8 | expiration
of a development permit under subsection (k) of | ||||||
9 | Section 39, any associated
local siting approval granted for | ||||||
10 | the facility under this Section shall also
expire.
| ||||||
11 | If a first development permit for a municipal waste | ||||||
12 | incineration
facility expires under subsection (k) of Section | ||||||
13 | 39 after September 30,
1989 due to circumstances beyond the | ||||||
14 | control of the applicant, any
associated local siting approval | ||||||
15 | granted for the facility under this
Section may be used to | ||||||
16 | fulfill the local siting approval requirement upon
application | ||||||
17 | for a second development permit for the same site, provided
| ||||||
18 | that the proposal in the new application is materially the | ||||||
19 | same, with respect
to the criteria in subsection (a) of this | ||||||
20 | Section, as the proposal that
received the original siting | ||||||
21 | approval, and application for the second
development permit is | ||||||
22 | made before January 1, 1990.
| ||||||
23 | (g) The siting approval procedures, criteria and appeal | ||||||
24 | procedures
provided for in this Act for new pollution control | ||||||
25 | facilities
shall be the exclusive siting procedures and rules | ||||||
26 | and appeal procedures
for facilities subject to such |
| |||||||
| |||||||
1 | procedures. Local zoning or other local land
use requirements | ||||||
2 | shall not be applicable to such siting decisions.
| ||||||
3 | (h) Nothing in this Section shall apply to any existing or | ||||||
4 | new
pollution control facility located within the corporate | ||||||
5 | limits of
a municipality with a population of over 1,000,000.
| ||||||
6 | (i) (Blank.)
| ||||||
7 | The Board shall adopt regulations establishing the | ||||||
8 | geologic and
hydrologic siting criteria necessary to protect | ||||||
9 | usable groundwater
resources which are to be followed by the | ||||||
10 | Agency in its review of permit
applications for new pollution | ||||||
11 | control facilities. Such
regulations, insofar as they apply to | ||||||
12 | new pollution control
facilities authorized to store, treat or | ||||||
13 | dispose of any hazardous waste,
shall be at least as stringent | ||||||
14 | as the requirements of the Resource
Conservation and Recovery | ||||||
15 | Act and any State or federal regulations adopted
pursuant | ||||||
16 | thereto.
| ||||||
17 | (j) Any new pollution control facility which has never | ||||||
18 | obtained local
siting approval under the provisions of this | ||||||
19 | Section shall be required to
obtain such approval after a | ||||||
20 | final decision on an appeal of a permit denial.
| ||||||
21 | (k) A county board or governing body of a municipality may | ||||||
22 | charge
applicants for siting review under this Section a | ||||||
23 | reasonable fee to cover
the reasonable and necessary costs | ||||||
24 | incurred by such county or municipality
in the siting review | ||||||
25 | process.
| ||||||
26 | (l) The governing Authority as determined by subsection |
| |||||||
| |||||||
1 | (c) of Section
39 of this Act may request the Department of | ||||||
2 | Transportation to perform
traffic impact studies of proposed | ||||||
3 | or potential locations for required
pollution control | ||||||
4 | facilities.
| ||||||
5 | (m) An applicant may not file a request for local siting | ||||||
6 | approval which is
substantially the same as a request which | ||||||
7 | was disapproved pursuant to a
finding against the applicant | ||||||
8 | under any of criteria (i) through (ix) of
subsection (a) of | ||||||
9 | this Section within the preceding 2 years.
| ||||||
10 | (n) In any review proceeding of a decision of the county | ||||||
11 | board or
governing body of a municipality made pursuant to the | ||||||
12 | local
siting review process, the petitioner in the review | ||||||
13 | proceeding shall pay to
the county or municipality the cost of | ||||||
14 | preparing and certifying the record
of proceedings. Should the | ||||||
15 | petitioner in the review proceeding fail to make
payment, the | ||||||
16 | provisions of Section 3-109 of the Code of Civil
Procedure | ||||||
17 | shall apply.
| ||||||
18 | In the event the petitioner is a citizens' group that | ||||||
19 | participated in the
siting proceeding and is so located as to | ||||||
20 | be affected by the proposed
facility, such petitioner shall be | ||||||
21 | exempt from paying the costs of
preparing and certifying the | ||||||
22 | record.
| ||||||
23 | (o) Notwithstanding any other provision of this Section, a | ||||||
24 | transfer
station used exclusively for landscape waste, where | ||||||
25 | landscape waste is held
no longer than 24 hours from the time | ||||||
26 | it was received, is not subject to the
requirements of local |
| |||||||
| |||||||
1 | siting approval under this Section, but is subject only
to | ||||||
2 | local zoning approval.
| ||||||
3 | (p) The siting approval procedures, criteria, and appeal | ||||||
4 | procedures provided for in this Act for new air pollution | ||||||
5 | sources shall be in addition to the applicable local land use | ||||||
6 | and zoning standards, procedures, rules, and appeal | ||||||
7 | procedures. Local zoning or other local land use requirements | ||||||
8 | shall continue to be applicable to such siting decisions for | ||||||
9 | new air pollution sources in addition to the siting approval | ||||||
10 | procedures, criteria, and appeal procedures provided in this | ||||||
11 | Act. | ||||||
12 | (Source: P.A. 100-382, eff. 8-25-17.)
| ||||||
13 | (415 ILCS 5/39.5) (from Ch. 111 1/2, par. 1039.5)
| ||||||
14 | Sec. 39.5. Clean Air Act Permit Program.
| ||||||
15 | 1. Definitions. For purposes of this Section:
| ||||||
16 | "Administrative permit amendment" means a permit revision | ||||||
17 | subject to
subsection 13 of this Section.
| ||||||
18 | "Affected source for acid deposition" means a source that | ||||||
19 | includes one or
more affected units under Title IV of the Clean | ||||||
20 | Air Act.
| ||||||
21 | "Affected States" for purposes of formal distribution of a | ||||||
22 | draft CAAPP permit
to other States for comments prior to | ||||||
23 | issuance, means all States:
| ||||||
24 | (1) Whose air quality may be affected by the source | ||||||
25 | covered by the draft
permit and that are contiguous to |
| |||||||
| |||||||
1 | Illinois; or
| ||||||
2 | (2) That are within 50 miles of the source.
| ||||||
3 | "Affected unit for acid deposition" shall have the meaning | ||||||
4 | given to the term
"affected unit" in the regulations | ||||||
5 | promulgated under Title IV of the Clean Air
Act.
| ||||||
6 | "Applicable Clean Air Act requirement" means all of the | ||||||
7 | following as they
apply to emissions units in a source | ||||||
8 | (including regulations that have been
promulgated or approved | ||||||
9 | by USEPA pursuant to the Clean Air Act which directly
impose | ||||||
10 | requirements upon a source and other such federal requirements | ||||||
11 | which
have been adopted by the Board. These may include | ||||||
12 | requirements and regulations
which have future effective | ||||||
13 | compliance dates. Requirements and regulations
will be exempt | ||||||
14 | if USEPA determines that such requirements need not be | ||||||
15 | contained
in a Title V permit):
| ||||||
16 | (1) Any standard or other requirement provided for in | ||||||
17 | the applicable state
implementation plan approved or | ||||||
18 | promulgated by USEPA under Title I of the Clean
Air Act | ||||||
19 | that implements the relevant requirements of the Clean Air | ||||||
20 | Act,
including any revisions to the state Implementation | ||||||
21 | Plan promulgated in 40 CFR
Part 52, Subparts A and O and | ||||||
22 | other subparts applicable to Illinois. For
purposes of | ||||||
23 | this paragraph (1) of this definition, "any standard or | ||||||
24 | other
requirement" means only such standards or | ||||||
25 | requirements directly
enforceable against an individual | ||||||
26 | source under the Clean Air Act.
|
| |||||||
| |||||||
1 | (2)(i) Any term or condition of any preconstruction | ||||||
2 | permits issued
pursuant to regulations approved or | ||||||
3 | promulgated by USEPA under Title I of the
Clean Air | ||||||
4 | Act, including Part C or D of the Clean Air Act.
| ||||||
5 | (ii) Any term or condition as required pursuant to | ||||||
6 | Section 39.5 of any
federally enforceable State | ||||||
7 | operating permit issued pursuant to regulations
| ||||||
8 | approved or promulgated by USEPA under Title I of the | ||||||
9 | Clean Air Act, including
Part C or D of the Clean Air | ||||||
10 | Act.
| ||||||
11 | (3) Any standard or other requirement under Section | ||||||
12 | 111 of the Clean Air
Act, including Section 111(d).
| ||||||
13 | (4) Any standard or other requirement under Section | ||||||
14 | 112 of the Clean Air
Act, including any requirement | ||||||
15 | concerning accident prevention under Section
112(r)(7) of | ||||||
16 | the Clean Air Act.
| ||||||
17 | (5) Any standard or other requirement of the acid rain | ||||||
18 | program under Title
IV of the Clean Air Act or the | ||||||
19 | regulations promulgated thereunder.
| ||||||
20 | (6) Any requirements established pursuant to Section | ||||||
21 | 504(b) or Section
114(a)(3) of the Clean Air Act.
| ||||||
22 | (7) Any standard or other requirement governing solid | ||||||
23 | waste incineration,
under Section 129 of the Clean Air | ||||||
24 | Act.
| ||||||
25 | (8) Any standard or other requirement for consumer and | ||||||
26 | commercial
products, under Section 183(e) of the Clean Air |
| |||||||
| |||||||
1 | Act.
| ||||||
2 | (9) Any standard or other requirement for tank | ||||||
3 | vessels, under Section
183(f) of the Clean Air Act.
| ||||||
4 | (10) Any standard or other requirement of the program | ||||||
5 | to control air
pollution from Outer Continental Shelf | ||||||
6 | sources, under Section 328 of the Clean
Air Act.
| ||||||
7 | (11) Any standard or other requirement of the | ||||||
8 | regulations promulgated to
protect stratospheric ozone | ||||||
9 | under Title VI of the Clean Air Act, unless USEPA
has | ||||||
10 | determined that such requirements need not be contained in | ||||||
11 | a Title V
permit.
| ||||||
12 | (12) Any national ambient air quality standard or | ||||||
13 | increment or visibility
requirement under Part C of Title | ||||||
14 | I of the Clean Air Act, but only as it would
apply to | ||||||
15 | temporary sources permitted pursuant to Section 504(e) of | ||||||
16 | the Clean
Air Act.
| ||||||
17 | "Applicable requirement" means all applicable Clean Air | ||||||
18 | Act requirements and
any other standard, limitation, or other | ||||||
19 | requirement contained in this Act or
regulations promulgated | ||||||
20 | under this Act as applicable to sources of air
contaminants | ||||||
21 | (including requirements that have future effective compliance
| ||||||
22 | dates).
| ||||||
23 | "CAAPP" means the Clean Air Act Permit Program, developed | ||||||
24 | pursuant to Title V
of the Clean Air Act.
| ||||||
25 | "CAAPP application" means an application for a CAAPP | ||||||
26 | permit.
|
| |||||||
| |||||||
1 | "CAAPP Permit" or "permit" (unless the context suggests | ||||||
2 | otherwise) means any
permit issued, renewed, amended, modified | ||||||
3 | or revised pursuant to Title V of the
Clean Air Act.
| ||||||
4 | "CAAPP source" means any source for which the owner or | ||||||
5 | operator is required
to obtain a CAAPP permit pursuant to | ||||||
6 | subsection 2 of this Section.
| ||||||
7 | "Clean Air Act" means the Clean Air Act, as now and | ||||||
8 | hereafter amended, 42
U.S.C. 7401, et seq.
| ||||||
9 | "Designated representative" has the meaning given to it in | ||||||
10 | Section
402(26) of the Clean Air Act and the regulations | ||||||
11 | promulgated thereunder, which state
that the term "designated | ||||||
12 | representative" means a responsible
person or official | ||||||
13 | authorized by the owner or operator of a unit to represent
the | ||||||
14 | owner or operator in all matters pertaining to the holding, | ||||||
15 | transfer, or
disposition of allowances allocated to a unit, | ||||||
16 | and the submission of and
compliance with permits, permit | ||||||
17 | applications, and compliance plans for the
unit.
| ||||||
18 | "Draft CAAPP permit" means the version of a CAAPP permit | ||||||
19 | for which public
notice and an opportunity for public comment | ||||||
20 | and hearing is offered by the
Agency.
| ||||||
21 | "Effective date of the CAAPP" means the date that USEPA | ||||||
22 | approves Illinois'
CAAPP.
| ||||||
23 | "Emission unit" means any part or activity of a stationary | ||||||
24 | source that emits
or has the potential to emit any air | ||||||
25 | pollutant. This term is not meant to
alter or affect the | ||||||
26 | definition of the term "unit" for purposes of Title IV of
the |
| |||||||
| |||||||
1 | Clean Air Act.
| ||||||
2 | "Federally enforceable" means enforceable by USEPA.
| ||||||
3 | "Final permit action" means the Agency's granting with | ||||||
4 | conditions, refusal to
grant, renewal of, or revision of a | ||||||
5 | CAAPP permit, the Agency's determination of
incompleteness of | ||||||
6 | a submitted CAAPP application, or the Agency's failure to act
| ||||||
7 | on an application for a permit, permit renewal, or permit | ||||||
8 | revision within the
time specified in subsection 13, | ||||||
9 | subsection 14, or paragraph (j) of subsection 5 of this
| ||||||
10 | Section.
| ||||||
11 | "General permit" means a permit issued to cover numerous | ||||||
12 | similar sources in
accordance with subsection 11 of this | ||||||
13 | Section.
| ||||||
14 | "Major source" means a source for which emissions of one | ||||||
15 | or more air
pollutants meet the criteria for major status | ||||||
16 | pursuant to paragraph (c) of subsection 2 of
this Section.
| ||||||
17 | "Maximum achievable control technology" or "MACT" means | ||||||
18 | the maximum degree of
reductions in emissions deemed | ||||||
19 | achievable under Section 112 of the Clean
Air Act.
| ||||||
20 | "Owner or operator" means any person who owns, leases, | ||||||
21 | operates, controls, or
supervises a stationary source.
| ||||||
22 | "Permit modification" means a revision to a CAAPP permit | ||||||
23 | that cannot be
accomplished under the provisions for | ||||||
24 | administrative permit amendments under
subsection 13 of this
| ||||||
25 | Section.
| ||||||
26 | "Permit revision" means a permit modification or |
| |||||||
| |||||||
1 | administrative permit
amendment.
| ||||||
2 | "Phase II" means the period of the national acid rain | ||||||
3 | program,
established under Title IV of the Clean Air Act, | ||||||
4 | beginning January 1,
2000, and continuing thereafter.
| ||||||
5 | "Phase II acid rain permit" means the portion of a CAAPP | ||||||
6 | permit issued,
renewed, modified, or revised by the Agency | ||||||
7 | during Phase II for an affected
source for acid deposition.
| ||||||
8 | "Potential to emit" means the maximum capacity of a | ||||||
9 | stationary source to emit
any air pollutant under its physical | ||||||
10 | and operational design. Any physical or
operational limitation | ||||||
11 | on the capacity of a source to emit an air pollutant,
including | ||||||
12 | air pollution control equipment and restrictions on hours of
| ||||||
13 | operation or on the type or amount of material combusted, | ||||||
14 | stored, or processed,
shall be treated as part of its design if | ||||||
15 | the limitation is enforceable by
USEPA. This definition does | ||||||
16 | not alter or affect the use of this term for any
other purposes | ||||||
17 | under the Clean Air Act, or the term "capacity factor" as used
| ||||||
18 | in Title IV of the Clean Air Act or the regulations promulgated | ||||||
19 | thereunder.
| ||||||
20 | "Preconstruction Permit" or "Construction Permit" means a | ||||||
21 | permit which is to
be obtained prior to commencing or | ||||||
22 | beginning actual construction or
modification of a source or | ||||||
23 | emissions unit.
| ||||||
24 | "Proposed CAAPP permit" means the version of a CAAPP | ||||||
25 | permit that the Agency
proposes to issue and forwards to USEPA | ||||||
26 | for review in compliance with
applicable requirements of the |
| |||||||
| |||||||
1 | Act and regulations promulgated thereunder.
| ||||||
2 | "Regulated air pollutant" means the following:
| ||||||
3 | (1) Nitrogen oxides (NOx) or any volatile organic | ||||||
4 | compound.
| ||||||
5 | (2) Any pollutant for which a national ambient air | ||||||
6 | quality standard has
been promulgated.
| ||||||
7 | (3) Any pollutant that is subject to any standard | ||||||
8 | promulgated under
Section 111 of the Clean Air Act.
| ||||||
9 | (4) Any Class I or II substance subject to a standard | ||||||
10 | promulgated
under or established by Title VI of the Clean | ||||||
11 | Air Act.
| ||||||
12 | (5) Any pollutant subject to a standard promulgated | ||||||
13 | under Section 112 or
other requirements established under | ||||||
14 | Section 112 of the Clean Air Act,
including Sections | ||||||
15 | 112(g), (j) and (r).
| ||||||
16 | (i) Any pollutant subject to requirements under | ||||||
17 | Section 112(j) of the
Clean Air Act. Any pollutant | ||||||
18 | listed under Section 112(b) for which the subject
| ||||||
19 | source would be major shall be considered to be | ||||||
20 | regulated 18 months after the
date on which USEPA was | ||||||
21 | required to promulgate an applicable standard pursuant
| ||||||
22 | to Section 112(e) of the Clean Air Act, if USEPA fails | ||||||
23 | to promulgate such
standard.
| ||||||
24 | (ii) Any pollutant for which the requirements of | ||||||
25 | Section 112(g)(2) of
the Clean Air Act have been met, | ||||||
26 | but only with respect to the individual source
subject |
| |||||||
| |||||||
1 | to Section 112(g)(2) requirement.
| ||||||
2 | (6) Greenhouse gases. | ||||||
3 | "Renewal" means the process by which a permit is reissued | ||||||
4 | at the end of its
term.
| ||||||
5 | "Responsible official" means one of the following:
| ||||||
6 | (1) For a corporation: a president, secretary, | ||||||
7 | treasurer, or
vice-president of the corporation in charge | ||||||
8 | of a principal business function,
or any other person who | ||||||
9 | performs similar policy or decision-making functions
for | ||||||
10 | the corporation, or a duly authorized representative of | ||||||
11 | such person if the
representative is responsible for the | ||||||
12 | overall operation of one or more
manufacturing, | ||||||
13 | production, or operating facilities applying for or | ||||||
14 | subject to a
permit and either (i) the facilities employ | ||||||
15 | more than 250 persons or have gross
annual sales or | ||||||
16 | expenditures exceeding $25 million (in second quarter 1980
| ||||||
17 | dollars), or (ii) the delegation of authority to such | ||||||
18 | representative is
approved in advance by the Agency.
| ||||||
19 | (2) For a partnership or sole proprietorship: a | ||||||
20 | general partner or the
proprietor, respectively, or in the | ||||||
21 | case of a partnership in which all of the
partners are | ||||||
22 | corporations, a duly authorized representative of the | ||||||
23 | partnership
if the representative is responsible for the | ||||||
24 | overall operation of one or more
manufacturing, | ||||||
25 | production, or operating facilities applying for or | ||||||
26 | subject to a
permit and either (i) the facilities employ |
| |||||||
| |||||||
1 | more than 250 persons or have gross
annual sales or | ||||||
2 | expenditures exceeding $25 million (in second quarter 1980
| ||||||
3 | dollars), or (ii) the delegation of authority to such | ||||||
4 | representative is
approved in advance by the Agency.
| ||||||
5 | (3) For a municipality, State, Federal, or other | ||||||
6 | public agency: either a
principal executive officer or | ||||||
7 | ranking elected official. For the purposes of
this part, a | ||||||
8 | principal executive officer of a Federal agency includes | ||||||
9 | the chief
executive officer having responsibility for the | ||||||
10 | overall operations of a
principal geographic unit of the | ||||||
11 | agency (e.g., a
Regional Administrator of USEPA).
| ||||||
12 | (4) For affected sources for acid deposition:
| ||||||
13 | (i) The designated representative shall be the | ||||||
14 | "responsible official" in
so far as actions, | ||||||
15 | standards, requirements, or prohibitions under Title | ||||||
16 | IV of
the Clean Air Act or the regulations promulgated | ||||||
17 | thereunder are concerned.
| ||||||
18 | (ii) The designated representative may also be the | ||||||
19 | "responsible
official" for any other purposes with | ||||||
20 | respect to air pollution control.
| ||||||
21 | "Section 502(b)(10) changes" means changes that contravene | ||||||
22 | express permit
terms. "Section 502(b)(10) changes" do not | ||||||
23 | include changes that would violate
applicable
requirements or | ||||||
24 | contravene federally enforceable permit terms or conditions
| ||||||
25 | that are monitoring (including test methods), recordkeeping, | ||||||
26 | reporting, or
compliance certification requirements.
|
| |||||||
| |||||||
1 | "Solid waste incineration unit" means a distinct operating | ||||||
2 | unit of any
facility which combusts any solid waste material | ||||||
3 | from commercial or industrial
establishments or the general | ||||||
4 | public (including single and multiple residences,
hotels, and | ||||||
5 | motels). The term does not include incinerators or other units
| ||||||
6 | required to have a permit under Section 3005 of the Solid Waste | ||||||
7 | Disposal Act.
The term also does not include (A) materials | ||||||
8 | recovery facilities (including
primary or secondary smelters) | ||||||
9 | which combust waste for the primary purpose of
recovering | ||||||
10 | metals, (B) qualifying small power production facilities, as | ||||||
11 | defined
in Section 3(17)(C) of the Federal Power Act (16 | ||||||
12 | U.S.C. 769(17)(C)), or
qualifying cogeneration facilities, as | ||||||
13 | defined in Section 3(18)(B) of the
Federal Power Act (16 | ||||||
14 | U.S.C. 796(18)(B)), which burn homogeneous waste (such as
| ||||||
15 | units which burn tires or used oil, but not including | ||||||
16 | refuse-derived fuel) for
the production of electric energy or | ||||||
17 | in the case of qualifying cogeneration
facilities which burn | ||||||
18 | homogeneous waste for the production of electric energy
and | ||||||
19 | steam or forms of useful energy (such as heat) which are used | ||||||
20 | for
industrial, commercial, heating or cooling purposes, or | ||||||
21 | (C) air curtain
incinerators provided that such incinerators | ||||||
22 | only burn wood wastes, yard waste
and clean lumber and that | ||||||
23 | such air curtain incinerators comply with opacity
limitations | ||||||
24 | to be established by the USEPA by rule.
| ||||||
25 | "Source" means any stationary source (or any group of | ||||||
26 | stationary sources)
that
is located on one or more contiguous |
| |||||||
| |||||||
1 | or adjacent properties
that are under
common control of the | ||||||
2 | same person (or persons under common control) and
that
belongs | ||||||
3 | to
a single major industrial grouping. For the purposes of | ||||||
4 | defining "source," a
stationary source or group of stationary | ||||||
5 | sources shall be considered part of a
single major industrial | ||||||
6 | grouping if all of the pollutant emitting
activities at such
| ||||||
7 | source or group of sources located on contiguous or adjacent | ||||||
8 | properties
and under common control belong to the
same Major | ||||||
9 | Group (i.e., all have the same two-digit code) as described in | ||||||
10 | the
Standard Industrial Classification Manual, 1987, or such | ||||||
11 | pollutant emitting
activities at a stationary source (or group | ||||||
12 | of stationary sources) located on
contiguous or adjacent | ||||||
13 | properties and under common control constitute a
support
| ||||||
14 | facility. The determination as to whether any group of | ||||||
15 | stationary sources is
located on contiguous or adjacent | ||||||
16 | properties, and/or is under common control,
and/or
whether the | ||||||
17 | pollutant emitting activities at such group of stationary | ||||||
18 | sources
constitute a support facility shall be made on a case | ||||||
19 | by case basis.
| ||||||
20 | "Stationary source" means any building, structure, | ||||||
21 | facility, or installation
that emits or may emit any regulated | ||||||
22 | air pollutant or any pollutant listed
under Section 112(b) of | ||||||
23 | the Clean Air Act, except those emissions resulting directly | ||||||
24 | from an internal combustion engine for transportation purposes | ||||||
25 | or from a nonroad engine or nonroad vehicle as defined in | ||||||
26 | Section 216 of the Clean Air Act.
|
| |||||||
| |||||||
1 | "Subject to regulation" has the meaning given to it in 40 | ||||||
2 | CFR 70.2, as now or hereafter amended. | ||||||
3 | "Support facility" means any stationary source (or group | ||||||
4 | of stationary
sources) that conveys, stores, or otherwise | ||||||
5 | assists to a significant extent in
the production of a | ||||||
6 | principal product at another stationary source (or group of
| ||||||
7 | stationary sources). A support facility shall be considered to | ||||||
8 | be part of the
same source as the stationary source (or group | ||||||
9 | of stationary sources) that it
supports regardless of the | ||||||
10 | 2-digit Standard Industrial Classification code for
the | ||||||
11 | support facility.
| ||||||
12 | "USEPA" means the Administrator of the United States | ||||||
13 | Environmental Protection
Agency (USEPA) or a person designated | ||||||
14 | by the Administrator.
| ||||||
15 | 1.1. Exclusion From the CAAPP.
| ||||||
16 | a. An owner or operator of a source which determines | ||||||
17 | that the source could
be excluded from the CAAPP may seek | ||||||
18 | such exclusion prior to the date that the
CAAPP | ||||||
19 | application for the source is due but in no case later than | ||||||
20 | 9 months
after the effective date of the CAAPP through the | ||||||
21 | imposition of federally
enforceable conditions limiting | ||||||
22 | the "potential to emit" of the source to a
level below the | ||||||
23 | major source threshold for that source as described in
| ||||||
24 | paragraph (c) of subsection 2 of this Section, within a | ||||||
25 | State operating permit issued pursuant
to subsection (a) |
| |||||||
| |||||||
1 | of Section 39 of this Act. After such date, an exclusion | ||||||
2 | from the CAAPP may
be sought under paragraph (c) of | ||||||
3 | subsection 3 of this Section.
| ||||||
4 | b. An owner or operator of a source seeking exclusion | ||||||
5 | from the CAAPP
pursuant to paragraph (a) of this | ||||||
6 | subsection must submit a permit application
consistent | ||||||
7 | with the existing State permit program which specifically | ||||||
8 | requests
such exclusion through the imposition of such | ||||||
9 | federally enforceable conditions.
| ||||||
10 | c. Upon such request, if the Agency determines that | ||||||
11 | the owner or operator
of a source has met the requirements | ||||||
12 | for exclusion pursuant to paragraph (a) of
this subsection | ||||||
13 | and other applicable requirements for permit issuance | ||||||
14 | under subsection (a) of
Section 39 of this Act, the Agency | ||||||
15 | shall issue a State operating permit for
such source under | ||||||
16 | subsection (a) of Section 39 of this Act, as amended, and | ||||||
17 | regulations
promulgated thereunder with federally | ||||||
18 | enforceable conditions limiting the
"potential to emit" of | ||||||
19 | the source to a level below the major source threshold
for | ||||||
20 | that source as described in paragraph (c) of subsection 2 | ||||||
21 | of this Section.
| ||||||
22 | d. The Agency shall provide an owner or operator of a | ||||||
23 | source which may be
excluded from the CAAPP pursuant to | ||||||
24 | this subsection with reasonable notice that
the owner or | ||||||
25 | operator may seek such exclusion.
| ||||||
26 | e. The Agency shall provide such sources with the |
| |||||||
| |||||||
1 | necessary permit
application forms.
| ||||||
2 | 2. Applicability.
| ||||||
3 | a. Sources subject to this Section shall include:
| ||||||
4 | i. Any major source as defined in paragraph (c) of | ||||||
5 | this subsection.
| ||||||
6 | ii. Any source subject to a standard or other | ||||||
7 | requirements promulgated
under Section 111 (New Source | ||||||
8 | Performance Standards) or Section 112 (Hazardous
Air | ||||||
9 | Pollutants) of the Clean Air Act, except that a source | ||||||
10 | is not required to
obtain a permit solely because it is | ||||||
11 | subject to regulations or requirements
under Section | ||||||
12 | 112(r) of the Clean Air Act.
| ||||||
13 | iii. Any affected source for acid deposition, as | ||||||
14 | defined in subsection 1
of this Section.
| ||||||
15 | iv. Any other source subject to this Section under | ||||||
16 | the Clean Air Act or
regulations promulgated | ||||||
17 | thereunder, or applicable Board regulations.
| ||||||
18 | b. Sources exempted from this Section shall include:
| ||||||
19 | i. All sources listed in paragraph (a) of this | ||||||
20 | subsection that are not
major sources, affected | ||||||
21 | sources for acid deposition or solid waste | ||||||
22 | incineration
units required to obtain a permit | ||||||
23 | pursuant to Section 129(e) of the Clean Air
Act, until | ||||||
24 | the source is required to obtain a CAAPP permit | ||||||
25 | pursuant to the
Clean Air Act or regulations |
| |||||||
| |||||||
1 | promulgated thereunder.
| ||||||
2 | ii. Nonmajor sources subject to a standard or | ||||||
3 | other requirements
subsequently promulgated by USEPA | ||||||
4 | under Section 111 or 112 of the Clean Air Act that
are | ||||||
5 | determined by USEPA to be exempt at the time a new | ||||||
6 | standard is
promulgated.
| ||||||
7 | iii. All sources and source categories that would | ||||||
8 | be required to obtain
a permit solely because they are | ||||||
9 | subject to Part 60, Subpart AAA - Standards of
| ||||||
10 | Performance for New Residential Wood Heaters (40 CFR | ||||||
11 | Part 60).
| ||||||
12 | iv. All sources and source categories that would | ||||||
13 | be required to obtain a
permit solely because they are | ||||||
14 | subject to Part 61, Subpart M - National
Emission | ||||||
15 | Standard for Hazardous Air Pollutants for Asbestos, | ||||||
16 | Section 61.145 (40
CFR Part 61).
| ||||||
17 | v. Any other source categories exempted by USEPA | ||||||
18 | regulations pursuant to
Section 502(a) of the Clean | ||||||
19 | Air Act.
| ||||||
20 | vi. Major sources of greenhouse gas emissions | ||||||
21 | required to obtain a CAAPP permit under this Section | ||||||
22 | if any of the following occurs:
| ||||||
23 | (A) enactment of federal legislation depriving | ||||||
24 | the Administrator of the USEPA of authority to | ||||||
25 | regulate greenhouse gases under the Clean Air Act; | ||||||
26 | (B) the issuance of any opinion, ruling, |
| |||||||
| |||||||
1 | judgment, order, or decree by a federal court | ||||||
2 | depriving the Administrator of the USEPA of | ||||||
3 | authority to regulate greenhouse gases under the | ||||||
4 | Clean Air Act; or | ||||||
5 | (C) action by the President of the United | ||||||
6 | States or the President's authorized agent, | ||||||
7 | including the Administrator of the USEPA, to | ||||||
8 | repeal or withdraw the Greenhouse Gas Tailoring | ||||||
9 | Rule (75 Fed. Reg. 31514, June 3, 2010). | ||||||
10 | If any event listed in this subparagraph (vi) | ||||||
11 | occurs, CAAPP permits issued after such event shall | ||||||
12 | not impose permit terms or conditions addressing | ||||||
13 | greenhouse gases during the effectiveness of any event | ||||||
14 | listed in subparagraph (vi). If any event listed in | ||||||
15 | this subparagraph (vi) occurs, any owner or operator | ||||||
16 | with a CAAPP permit that includes terms or conditions | ||||||
17 | addressing greenhouse gases may elect to submit an | ||||||
18 | application to the Agency to address a revision or | ||||||
19 | repeal of such terms or conditions. If any owner or | ||||||
20 | operator submits such an application, the Agency shall | ||||||
21 | expeditiously process the permit application in | ||||||
22 | accordance with applicable laws and regulations. | ||||||
23 | Nothing in this subparagraph (vi) shall relieve an | ||||||
24 | owner or operator of a source from the requirement to | ||||||
25 | obtain a CAAPP permit for its emissions of regulated | ||||||
26 | air pollutants other than greenhouse gases, as |
| |||||||
| |||||||
1 | required by this Section. | ||||||
2 | c. For purposes of this Section the term "major | ||||||
3 | source" means any source
that is:
| ||||||
4 | i. A major source under Section 112 of the Clean | ||||||
5 | Air Act, which is
defined as:
| ||||||
6 | A. For pollutants other than radionuclides, | ||||||
7 | any stationary source
or group of stationary | ||||||
8 | sources located within a contiguous area and under
| ||||||
9 | common control that emits or has the potential to | ||||||
10 | emit, in the aggregate, 10
tons per year (tpy) or | ||||||
11 | more of any hazardous air pollutant which has been
| ||||||
12 | listed pursuant to Section 112(b) of the Clean Air | ||||||
13 | Act, 25 tpy or more of any
combination of such | ||||||
14 | hazardous air pollutants, or such lesser quantity | ||||||
15 | as USEPA
may establish by rule. Notwithstanding | ||||||
16 | the preceding sentence, emissions from
any oil or | ||||||
17 | gas exploration or production well (with its | ||||||
18 | associated equipment)
and emissions from any | ||||||
19 | pipeline compressor or pump station shall not be
| ||||||
20 | aggregated with emissions from other similar | ||||||
21 | units, whether or not such units
are in a | ||||||
22 | contiguous area or under common control, to | ||||||
23 | determine whether such
stations are major sources.
| ||||||
24 | B. For radionuclides, "major source" shall | ||||||
25 | have the meaning specified
by the USEPA by rule.
| ||||||
26 | ii. A major stationary source of air pollutants, |
| |||||||
| |||||||
1 | as defined in Section
302 of the Clean Air Act, that | ||||||
2 | directly emits or has the potential to emit, 100
tpy or | ||||||
3 | more of any air pollutant subject to regulation | ||||||
4 | (including any major source of fugitive
emissions of | ||||||
5 | any such pollutant, as determined by rule by USEPA). | ||||||
6 | For purposes
of this subsection, "fugitive emissions" | ||||||
7 | means those emissions which could not
reasonably pass | ||||||
8 | through a stack, chimney, vent, or other
| ||||||
9 | functionally-equivalent opening. The fugitive | ||||||
10 | emissions of a stationary source
shall not be | ||||||
11 | considered in determining whether it is a major | ||||||
12 | stationary source
for the purposes of Section 302(j) | ||||||
13 | of the Clean Air Act, unless the source
belongs to one | ||||||
14 | of the following categories of stationary source:
| ||||||
15 | A. Coal cleaning plants (with thermal dryers).
| ||||||
16 | B. Kraft pulp mills.
| ||||||
17 | C. Portland cement plants.
| ||||||
18 | D. Primary zinc smelters.
| ||||||
19 | E. Iron and steel mills.
| ||||||
20 | F. Primary aluminum ore reduction plants.
| ||||||
21 | G. Primary copper smelters.
| ||||||
22 | H. Municipal incinerators capable of charging | ||||||
23 | more than 250 tons of
refuse per day.
| ||||||
24 | I. Hydrofluoric, sulfuric, or nitric acid | ||||||
25 | plants.
| ||||||
26 | J. Petroleum refineries.
|
| |||||||
| |||||||
1 | K. Lime plants.
| ||||||
2 | L. Phosphate rock processing plants.
| ||||||
3 | M. Coke oven batteries.
| ||||||
4 | N. Sulfur recovery plants.
| ||||||
5 | O. Carbon black plants (furnace
process).
| ||||||
6 | P. Primary lead smelters.
| ||||||
7 | Q. Fuel conversion plants.
| ||||||
8 | R. Sintering plants.
| ||||||
9 | S. Secondary metal production plants.
| ||||||
10 | T. Chemical process plants.
| ||||||
11 | U. Fossil-fuel boilers (or combination | ||||||
12 | thereof) totaling more than 250
million British | ||||||
13 | thermal units per hour heat input.
| ||||||
14 | V. Petroleum storage and transfer units with a | ||||||
15 | total storage capacity
exceeding 300,000 barrels.
| ||||||
16 | W. Taconite ore processing plants.
| ||||||
17 | X. Glass fiber processing plants.
| ||||||
18 | Y. Charcoal production plants.
| ||||||
19 | Z. Fossil fuel-fired steam electric plants of | ||||||
20 | more than 250 million
British thermal units per | ||||||
21 | hour heat input.
| ||||||
22 | AA. All other stationary source categories, | ||||||
23 | which as of August 7, 1980 are being regulated by a | ||||||
24 | standard
promulgated under Section 111 or 112 of | ||||||
25 | the Clean Air Act.
| ||||||
26 | BB. Any other stationary source category |
| |||||||
| |||||||
1 | designated by USEPA by rule.
| ||||||
2 | iii. A major stationary source as defined in part | ||||||
3 | D of Title I of the
Clean Air Act including:
| ||||||
4 | A. For ozone nonattainment areas, sources with | ||||||
5 | the potential to emit
100 tons or more per year of | ||||||
6 | volatile organic compounds or oxides of nitrogen
| ||||||
7 | in areas classified as "marginal" or "moderate", | ||||||
8 | 50 tons or more per year in
areas classified as | ||||||
9 | "serious", 25 tons or more per year in areas | ||||||
10 | classified as
"severe", and 10 tons or more per | ||||||
11 | year in areas classified as "extreme"; except
that | ||||||
12 | the references in this clause to 100, 50, 25, and | ||||||
13 | 10 tons per year of
nitrogen oxides shall not | ||||||
14 | apply with respect to any source for which USEPA | ||||||
15 | has
made a finding, under Section 182(f)(1) or (2) | ||||||
16 | of the Clean Air Act, that
requirements otherwise | ||||||
17 | applicable to such source under Section 182(f) of | ||||||
18 | the
Clean Air Act do not apply. Such sources shall | ||||||
19 | remain subject to the major
source criteria of | ||||||
20 | subparagraph (ii) of paragraph (c) of this | ||||||
21 | subsection.
| ||||||
22 | B. For ozone transport regions established | ||||||
23 | pursuant to Section 184 of
the Clean Air Act, | ||||||
24 | sources with the potential to emit 50 tons or more | ||||||
25 | per year
of volatile organic compounds (VOCs).
| ||||||
26 | C. For carbon monoxide nonattainment areas (1) |
| |||||||
| |||||||
1 | that are classified as
"serious", and (2) in which | ||||||
2 | stationary sources contribute significantly to
| ||||||
3 | carbon monoxide levels as determined under rules | ||||||
4 | issued by USEPA, sources with
the potential to | ||||||
5 | emit 50 tons or more per year of carbon monoxide.
| ||||||
6 | D. For particulate matter (PM-10) | ||||||
7 | nonattainment areas classified as
"serious", | ||||||
8 | sources with the potential to emit 70 tons or more | ||||||
9 | per year of
PM-10.
| ||||||
10 | 3. Agency Authority To Issue CAAPP Permits and Federally | ||||||
11 | Enforceable State
Operating Permits.
| ||||||
12 | a. The Agency shall issue CAAPP permits under this | ||||||
13 | Section consistent with
the Clean Air Act and regulations | ||||||
14 | promulgated thereunder and this Act and
regulations | ||||||
15 | promulgated thereunder.
| ||||||
16 | b. The Agency shall issue CAAPP permits for fixed | ||||||
17 | terms of 5 years, except
CAAPP permits issued for solid | ||||||
18 | waste incineration units combusting municipal
waste which | ||||||
19 | shall be issued for fixed terms of 12 years and except | ||||||
20 | CAAPP
permits for affected sources for acid deposition | ||||||
21 | which shall be issued for
initial terms to expire on | ||||||
22 | December 31, 1999, and for fixed terms of 5 years
| ||||||
23 | thereafter.
| ||||||
24 | c. The Agency shall have the authority to issue a | ||||||
25 | State operating permit
for a source under subsection (a) |
| |||||||
| |||||||
1 | of Section 39 of this Act, as amended, and regulations
| ||||||
2 | promulgated thereunder, which includes federally | ||||||
3 | enforceable conditions
limiting the "potential to emit" of | ||||||
4 | the source to a level below the major
source threshold for | ||||||
5 | that source as described in paragraph (c) of subsection 2 | ||||||
6 | of this
Section, thereby excluding the source from the | ||||||
7 | CAAPP, when requested by the
applicant pursuant to | ||||||
8 | paragraph (u) of subsection 5 of this Section. The public | ||||||
9 | notice
requirements of this Section applicable to CAAPP | ||||||
10 | permits shall also apply to
the initial issuance of | ||||||
11 | permits under this paragraph.
| ||||||
12 | d. For purposes of this Act, a permit issued by USEPA | ||||||
13 | under Section 505 of
the Clean Air Act, as now and | ||||||
14 | hereafter amended, shall be deemed to be a
permit issued | ||||||
15 | by the Agency pursuant to Section 39.5 of this Act.
| ||||||
16 | 4. Transition.
| ||||||
17 | a. An owner or operator of a CAAPP source shall not be | ||||||
18 | required to renew
an existing State operating permit for | ||||||
19 | any emission unit at such CAAPP source
once a CAAPP | ||||||
20 | application timely submitted prior to expiration of the | ||||||
21 | State
operating permit has been deemed complete. For | ||||||
22 | purposes other than permit
renewal, the obligation upon | ||||||
23 | the owner or operator of a CAAPP source to obtain
a State | ||||||
24 | operating permit is not removed upon submittal of the | ||||||
25 | complete CAAPP
permit application. An owner or operator of |
| |||||||
| |||||||
1 | a CAAPP source seeking to make a
modification to a source | ||||||
2 | prior to the issuance of its CAAPP permit shall be
| ||||||
3 | required to obtain a construction permit, operating | ||||||
4 | permit, or both as required for such
modification in | ||||||
5 | accordance with the State permit program under subsection | ||||||
6 | (a) of Section 39 of
this Act, as amended, and regulations | ||||||
7 | promulgated thereunder. The application
for such | ||||||
8 | construction permit, operating permit, or both shall be | ||||||
9 | considered an amendment
to the CAAPP application submitted | ||||||
10 | for such source.
| ||||||
11 | b. An owner or operator of a CAAPP source shall | ||||||
12 | continue to operate in
accordance with the terms and | ||||||
13 | conditions of its applicable State operating
permit | ||||||
14 | notwithstanding the expiration of the State operating | ||||||
15 | permit until the
source's CAAPP permit has been issued.
| ||||||
16 | c. An owner or operator of a CAAPP source shall submit | ||||||
17 | its initial CAAPP
application to the Agency no later than | ||||||
18 | 12 months after the effective date of
the CAAPP. The | ||||||
19 | Agency may request submittal of initial CAAPP applications
| ||||||
20 | during this 12-month period according to a schedule set | ||||||
21 | forth within Agency
procedures, however, in no event shall | ||||||
22 | the Agency require such submittal
earlier than 3 months | ||||||
23 | after such effective date of the CAAPP. An owner or
| ||||||
24 | operator may voluntarily submit its initial CAAPP | ||||||
25 | application prior to the date
required within this | ||||||
26 | paragraph or applicable procedures, if any, subsequent to
|
| |||||||
| |||||||
1 | the date the Agency submits the CAAPP to USEPA for | ||||||
2 | approval.
| ||||||
3 | d. The Agency shall act on initial CAAPP applications | ||||||
4 | in accordance with paragraph (j) of
subsection 5 of this | ||||||
5 | Section.
| ||||||
6 | e. For purposes of this Section, the term "initial | ||||||
7 | CAAPP application"
shall mean the first CAAPP application | ||||||
8 | submitted for a source existing as of
the effective date | ||||||
9 | of the CAAPP.
| ||||||
10 | f. The Agency shall provide owners or operators of | ||||||
11 | CAAPP sources with at
least 3 months advance notice of the | ||||||
12 | date on which their applications are
required to be | ||||||
13 | submitted. In determining which sources shall be subject | ||||||
14 | to
early submittal, the Agency shall include among its | ||||||
15 | considerations the
complexity of the permit application, | ||||||
16 | and the burden that such early submittal
will have on the | ||||||
17 | source.
| ||||||
18 | g. The CAAPP permit shall upon becoming effective | ||||||
19 | supersede the State
operating permit.
| ||||||
20 | h. The Agency shall have the authority to adopt | ||||||
21 | procedural rules, in
accordance with the Illinois | ||||||
22 | Administrative Procedure Act, as the Agency deems
| ||||||
23 | necessary, to implement this subsection.
| ||||||
24 | 5. Applications and Completeness.
| ||||||
25 | a. An owner or operator of a CAAPP source shall submit |
| |||||||
| |||||||
1 | its complete CAAPP
application consistent with the Act and | ||||||
2 | applicable regulations.
| ||||||
3 | b. An owner or operator of a CAAPP source shall submit | ||||||
4 | a single complete
CAAPP application covering all emission | ||||||
5 | units at that source.
| ||||||
6 | c. To be deemed complete, a CAAPP application must | ||||||
7 | provide all
information, as requested in Agency | ||||||
8 | application forms, sufficient to evaluate
the subject | ||||||
9 | source and its application and to determine all applicable
| ||||||
10 | requirements, pursuant to the Clean Air Act, and | ||||||
11 | regulations thereunder, this
Act and regulations | ||||||
12 | thereunder. Such Agency application forms shall be
| ||||||
13 | finalized and made available prior to the date on which | ||||||
14 | any CAAPP application
is required.
| ||||||
15 | d. An owner or operator of a CAAPP source shall | ||||||
16 | submit, as part of its
complete CAAPP application, a | ||||||
17 | compliance plan, including a schedule of
compliance, | ||||||
18 | describing how each emission unit will comply with all | ||||||
19 | applicable
requirements. Any such schedule of compliance | ||||||
20 | shall be supplemental to, and
shall not sanction | ||||||
21 | noncompliance with, the applicable requirements on which | ||||||
22 | it
is based.
| ||||||
23 | e. Each submitted CAAPP application shall be certified | ||||||
24 | for truth,
accuracy, and completeness by a responsible | ||||||
25 | official in accordance with
applicable regulations.
| ||||||
26 | f. The Agency shall provide notice to a CAAPP |
| |||||||
| |||||||
1 | applicant as to whether a
submitted CAAPP application is | ||||||
2 | complete. Unless the Agency notifies the
applicant of | ||||||
3 | incompleteness, within 60 days after receipt of the CAAPP
| ||||||
4 | application, the application shall be deemed complete. The | ||||||
5 | Agency may request
additional information as needed to | ||||||
6 | make the completeness determination. The
Agency may to the | ||||||
7 | extent practicable provide the applicant with a reasonable
| ||||||
8 | opportunity to correct deficiencies prior to a final | ||||||
9 | determination of
completeness.
| ||||||
10 | g. If after the determination of completeness the | ||||||
11 | Agency finds that
additional information is necessary to | ||||||
12 | evaluate or take final action on the
CAAPP application, | ||||||
13 | the Agency may request in writing such information from | ||||||
14 | the
source with a reasonable deadline for response.
| ||||||
15 | h. If the owner or operator of a CAAPP source submits a | ||||||
16 | timely and
complete CAAPP application, the source's | ||||||
17 | failure to have a CAAPP permit shall
not be a violation of | ||||||
18 | this Section until the Agency takes final action on the
| ||||||
19 | submitted CAAPP application, provided, however, where the | ||||||
20 | applicant fails to
submit the requested information under | ||||||
21 | paragraph (g) of this subsection 5 within the time frame
| ||||||
22 | specified by the Agency, this protection shall cease to | ||||||
23 | apply.
| ||||||
24 | i. Any applicant who fails to submit any relevant | ||||||
25 | facts necessary to
evaluate the subject source and its | ||||||
26 | CAAPP application or who has submitted
incorrect |
| |||||||
| |||||||
1 | information in a CAAPP application shall, upon becoming | ||||||
2 | aware of such
failure or incorrect submittal, submit | ||||||
3 | supplementary facts or correct
information to the Agency. | ||||||
4 | In addition, an applicant shall provide to the
Agency | ||||||
5 | additional information as necessary to address any | ||||||
6 | requirements which
become applicable to the source | ||||||
7 | subsequent to the date the applicant submitted
its | ||||||
8 | complete CAAPP application but prior to release of the | ||||||
9 | draft CAAPP permit.
| ||||||
10 | j. The Agency shall issue or deny the CAAPP permit | ||||||
11 | within 18 months after
the date of receipt of the complete | ||||||
12 | CAAPP application, with the following
exceptions: (i) | ||||||
13 | permits for affected sources for acid deposition shall be
| ||||||
14 | issued or denied within 6 months after receipt of a | ||||||
15 | complete application in
accordance with subsection 17 of | ||||||
16 | this Section; (ii) the Agency shall act on
initial CAAPP | ||||||
17 | applications within 24 months after the date of receipt of | ||||||
18 | the
complete CAAPP application; (iii) the Agency shall act | ||||||
19 | on complete applications
containing early reduction | ||||||
20 | demonstrations under Section 112(i)(5) of the Clean
Air | ||||||
21 | Act within 9 months of receipt of the complete CAAPP | ||||||
22 | application.
| ||||||
23 | Where the Agency does not take final action on the | ||||||
24 | permit within the
required time period, the permit shall | ||||||
25 | not be deemed issued; rather, the
failure to act shall be | ||||||
26 | treated as a final permit action for purposes of
judicial |
| |||||||
| |||||||
1 | review pursuant to Sections 40.2 and 41 of this Act.
| ||||||
2 | k. The submittal of a complete CAAPP application shall | ||||||
3 | not affect the
requirement that any source have a | ||||||
4 | preconstruction permit under Title I of the
Clean Air Act.
| ||||||
5 | l. Unless a timely and complete renewal application | ||||||
6 | has been submitted
consistent with this subsection, a | ||||||
7 | CAAPP source operating upon the expiration
of its CAAPP | ||||||
8 | permit shall be deemed to be operating without a CAAPP | ||||||
9 | permit.
Such operation is prohibited under this Act.
| ||||||
10 | m. Permits being renewed shall be subject to the same | ||||||
11 | procedural
requirements, including those for public | ||||||
12 | participation and federal review and
objection, that apply | ||||||
13 | to original permit issuance.
| ||||||
14 | n. For purposes of permit renewal, a timely | ||||||
15 | application is one that is
submitted no less than 9 months | ||||||
16 | prior to the date of permit expiration.
| ||||||
17 | o. The terms and conditions of a CAAPP permit shall | ||||||
18 | remain in effect until
the issuance of a CAAPP renewal | ||||||
19 | permit provided a timely and complete CAAPP
application | ||||||
20 | has been submitted.
| ||||||
21 | p. The owner or operator of a CAAPP source seeking a | ||||||
22 | permit shield
pursuant to paragraph (j) of subsection 7 of | ||||||
23 | this Section shall request such permit shield in
the CAAPP | ||||||
24 | application regarding that source.
| ||||||
25 | q. The Agency shall make available to the public all | ||||||
26 | documents submitted
by the applicant to the Agency, |
| |||||||
| |||||||
1 | including each CAAPP application, compliance
plan | ||||||
2 | (including the schedule of compliance), and emissions or | ||||||
3 | compliance
monitoring report, with the exception of | ||||||
4 | information entitled to confidential
treatment pursuant to | ||||||
5 | Section 7 of this Act.
| ||||||
6 | r. The Agency shall use the standardized forms | ||||||
7 | required under Title IV of
the Clean Air Act and | ||||||
8 | regulations promulgated thereunder for affected sources
| ||||||
9 | for acid deposition.
| ||||||
10 | s. An owner or operator of a CAAPP source may include | ||||||
11 | within its CAAPP
application a request for permission to | ||||||
12 | operate during a startup, malfunction,
or breakdown | ||||||
13 | consistent with applicable Board regulations.
| ||||||
14 | t. An owner or operator of a CAAPP source, in
order to | ||||||
15 | utilize the operational flexibility provided under
| ||||||
16 | paragraph (l) of subsection 7 of this Section, must | ||||||
17 | request such use and
provide the necessary information | ||||||
18 | within its CAAPP application.
| ||||||
19 | u. An owner or operator of a CAAPP source which seeks | ||||||
20 | exclusion from the
CAAPP through the imposition of | ||||||
21 | federally enforceable conditions, pursuant to
paragraph | ||||||
22 | (c) of subsection 3 of this Section, must request such | ||||||
23 | exclusion within a CAAPP
application submitted consistent | ||||||
24 | with this subsection on or after the date that
the CAAPP | ||||||
25 | application for the source is due. Prior to such date, but | ||||||
26 | in no case
later than 9 months after the effective date of |
| |||||||
| |||||||
1 | the CAAPP, such owner or
operator may request the | ||||||
2 | imposition of federally enforceable conditions
pursuant to | ||||||
3 | paragraph (b) of subsection 1.1 of this Section.
| ||||||
4 | v. CAAPP applications shall contain accurate | ||||||
5 | information on allowable
emissions to implement the fee | ||||||
6 | provisions of subsection 18 of this Section.
| ||||||
7 | w. An owner or operator of a CAAPP source shall submit | ||||||
8 | within its CAAPP
application emissions information | ||||||
9 | regarding all regulated air pollutants
emitted at that | ||||||
10 | source consistent with applicable Agency procedures. | ||||||
11 | Emissions
information regarding insignificant activities | ||||||
12 | or emission levels, as
determined by the Agency pursuant | ||||||
13 | to Board regulations,
may be submitted as a list within | ||||||
14 | the CAAPP application.
The Agency shall propose | ||||||
15 | regulations to the Board defining insignificant
activities | ||||||
16 | or emission levels, consistent with federal regulations, | ||||||
17 | if any,
no later than 18 months after the effective date of | ||||||
18 | this amendatory Act of
1992, consistent with Section | ||||||
19 | 112(n)(1) of the Clean Air Act. The
Board shall adopt | ||||||
20 | final regulations defining insignificant activities or
| ||||||
21 | emission levels no later than 9 months after the date of | ||||||
22 | the Agency's proposal.
| ||||||
23 | x. The owner or operator of a new CAAPP source shall | ||||||
24 | submit its complete
CAAPP application consistent with this | ||||||
25 | subsection within 12 months after
commencing operation of | ||||||
26 | such source.
The owner or operator of an existing source |
| |||||||
| |||||||
1 | that has been excluded from the
provisions of this Section | ||||||
2 | under subsection 1.1 or paragraph (c) of subsection 3 of
| ||||||
3 | this Section and that becomes subject to the CAAPP solely | ||||||
4 | due to a change in
operation at the source shall submit its | ||||||
5 | complete CAAPP application consistent
with this subsection | ||||||
6 | at least 180 days before commencing operation in
| ||||||
7 | accordance with the change in operation.
| ||||||
8 | y. The Agency shall have the authority to adopt | ||||||
9 | procedural rules, in
accordance with the Illinois | ||||||
10 | Administrative Procedure Act, as the Agency deems
| ||||||
11 | necessary to implement this subsection.
| ||||||
12 | 6. Prohibitions.
| ||||||
13 | a. It shall be unlawful for any person to violate any | ||||||
14 | terms or conditions
of a permit issued under this Section, | ||||||
15 | to operate any CAAPP source except in
compliance with a | ||||||
16 | permit issued by the Agency under this Section or to | ||||||
17 | violate
any other applicable requirements. All terms and | ||||||
18 | conditions of a permit issued
under this Section are | ||||||
19 | enforceable by USEPA and citizens under the Clean Air
Act, | ||||||
20 | except those, if any, that are specifically designated as | ||||||
21 | not being
federally enforceable in the permit pursuant to | ||||||
22 | paragraph (m) of subsection 7 of this Section.
| ||||||
23 | b. After the applicable CAAPP permit or renewal | ||||||
24 | application submittal
date, as specified in subsection 5 | ||||||
25 | of this Section, no person shall operate a
CAAPP source |
| |||||||
| |||||||
1 | without a CAAPP permit unless the complete CAAPP permit or | ||||||
2 | renewal
application for such source has been timely | ||||||
3 | submitted to the Agency.
| ||||||
4 | c. No owner or operator of a CAAPP source shall cause | ||||||
5 | or threaten or allow
the continued operation of an | ||||||
6 | emission source during malfunction or breakdown
of the | ||||||
7 | emission source or related air pollution control equipment | ||||||
8 | if such
operation would cause a violation of the standards | ||||||
9 | or limitations applicable to
the source, unless the CAAPP | ||||||
10 | permit granted to the source provides for such
operation | ||||||
11 | consistent with this Act and applicable Board regulations.
| ||||||
12 | 7. Permit Content.
| ||||||
13 | a. All CAAPP permits shall contain emission | ||||||
14 | limitations and standards and
other enforceable terms and | ||||||
15 | conditions, including but not limited to
operational | ||||||
16 | requirements, and schedules for achieving compliance at | ||||||
17 | the
earliest reasonable date, which are or will be | ||||||
18 | required to accomplish the
purposes and provisions of this | ||||||
19 | Act and to assure compliance with all
applicable | ||||||
20 | requirements.
| ||||||
21 | b. The Agency shall include among such conditions | ||||||
22 | applicable monitoring,
reporting, record keeping and | ||||||
23 | compliance certification requirements, as
authorized by | ||||||
24 | paragraphs (d), (e), and (f) of this subsection, that the | ||||||
25 | Agency deems
necessary to assure compliance with the Clean |
| |||||||
| |||||||
1 | Air Act, the regulations
promulgated thereunder, this Act, | ||||||
2 | and applicable Board regulations. When
monitoring, | ||||||
3 | reporting, record keeping, and compliance certification
| ||||||
4 | requirements are specified within the Clean Air Act, | ||||||
5 | regulations promulgated
thereunder, this Act, or | ||||||
6 | applicable regulations, such requirements shall be
| ||||||
7 | included within the CAAPP permit. The Board shall have | ||||||
8 | authority to promulgate
additional regulations where | ||||||
9 | necessary to accomplish the purposes of the Clean
Air Act, | ||||||
10 | this Act, and regulations promulgated thereunder.
| ||||||
11 | c. The Agency shall assure, within such conditions, | ||||||
12 | the use of terms, test
methods, units, averaging periods, | ||||||
13 | and other statistical conventions consistent
with the | ||||||
14 | applicable emission limitations, standards, and other | ||||||
15 | requirements
contained in the permit.
| ||||||
16 | d. To meet the requirements of this subsection with | ||||||
17 | respect to monitoring,
the permit shall:
| ||||||
18 | i. Incorporate and identify all applicable | ||||||
19 | emissions monitoring and
analysis procedures or test | ||||||
20 | methods required under the Clean Air Act,
regulations | ||||||
21 | promulgated thereunder, this Act, and applicable Board | ||||||
22 | regulations,
including any procedures and methods | ||||||
23 | promulgated by USEPA pursuant to Section
504(b) or | ||||||
24 | Section 114 (a)(3) of the Clean Air Act.
| ||||||
25 | ii. Where the applicable requirement does not | ||||||
26 | require periodic testing
or instrumental or |
| |||||||
| |||||||
1 | noninstrumental monitoring (which may consist of
| ||||||
2 | recordkeeping designed to serve as monitoring), | ||||||
3 | require periodic monitoring
sufficient to yield | ||||||
4 | reliable data from the relevant time period that is
| ||||||
5 | representative of the source's compliance with the | ||||||
6 | permit, as reported pursuant
to paragraph (f) of this | ||||||
7 | subsection. The Agency may determine that
| ||||||
8 | recordkeeping requirements are sufficient to meet the | ||||||
9 | requirements of this
subparagraph.
| ||||||
10 | iii. As necessary, specify requirements concerning | ||||||
11 | the use, maintenance,
and when appropriate, | ||||||
12 | installation of monitoring equipment or methods.
| ||||||
13 | e. To meet the requirements of this subsection with | ||||||
14 | respect to record
keeping, the permit shall incorporate | ||||||
15 | and identify all applicable recordkeeping
requirements and | ||||||
16 | require, where applicable, the following:
| ||||||
17 | i. Records of required monitoring information that | ||||||
18 | include the
following:
| ||||||
19 | A. The date, place and time of sampling or | ||||||
20 | measurements.
| ||||||
21 | B. The date(s) analyses were performed.
| ||||||
22 | C. The company or entity that performed the | ||||||
23 | analyses.
| ||||||
24 | D. The analytical techniques or methods used.
| ||||||
25 | E. The results of such analyses.
| ||||||
26 | F. The operating conditions as existing at the |
| |||||||
| |||||||
1 | time of sampling or
measurement.
| ||||||
2 | ii. Retention of records of all monitoring data | ||||||
3 | and support
information for a period of at least 5 | ||||||
4 | years from the date of the monitoring
sample, | ||||||
5 | measurement, report, or application. Support | ||||||
6 | information includes all
calibration and maintenance | ||||||
7 | records, original strip-chart recordings for
| ||||||
8 | continuous monitoring instrumentation, and copies of | ||||||
9 | all reports required by
the permit.
| ||||||
10 | f. To meet the requirements of this subsection with | ||||||
11 | respect to reporting,
the permit shall incorporate and | ||||||
12 | identify all applicable reporting requirements
and require | ||||||
13 | the following:
| ||||||
14 | i. Submittal of reports of any required monitoring | ||||||
15 | every 6 months. More
frequent submittals may be | ||||||
16 | requested by the Agency if such submittals are
| ||||||
17 | necessary to assure compliance with this Act or | ||||||
18 | regulations promulgated by the
Board thereunder. All | ||||||
19 | instances of deviations from permit requirements must | ||||||
20 | be
clearly identified in such reports. All required | ||||||
21 | reports must be certified by
a responsible official | ||||||
22 | consistent with subsection 5 of this Section.
| ||||||
23 | ii. Prompt reporting of deviations from permit | ||||||
24 | requirements, including
those attributable to upset | ||||||
25 | conditions as defined in the permit, the probable
| ||||||
26 | cause of such deviations, and any corrective actions |
| |||||||
| |||||||
1 | or preventive measures
taken.
| ||||||
2 | g. Each CAAPP permit issued under subsection 10 of | ||||||
3 | this Section shall
include a condition prohibiting | ||||||
4 | emissions exceeding any allowances that the
source | ||||||
5 | lawfully holds under Title IV of the Clean Air Act or the | ||||||
6 | regulations
promulgated thereunder, consistent with | ||||||
7 | subsection 17 of this Section and
applicable regulations, | ||||||
8 | if any.
| ||||||
9 | h. All CAAPP permits shall state that, where another | ||||||
10 | applicable
requirement of the Clean Air Act is more | ||||||
11 | stringent than any applicable
requirement of regulations | ||||||
12 | promulgated under Title IV of the Clean Air Act,
both | ||||||
13 | provisions shall be incorporated into the permit and shall | ||||||
14 | be State and
federally enforceable.
| ||||||
15 | i. Each CAAPP permit issued under subsection 10 of | ||||||
16 | this Section shall
include a severability clause to ensure | ||||||
17 | the continued validity of the various
permit requirements | ||||||
18 | in the event of a challenge to any portions of the permit.
| ||||||
19 | j. The following shall apply with respect to owners or | ||||||
20 | operators
requesting a permit shield:
| ||||||
21 | i. The Agency shall include in a CAAPP permit, | ||||||
22 | when requested by an
applicant pursuant to paragraph | ||||||
23 | (p) of subsection 5 of this Section, a provision | ||||||
24 | stating that
compliance with the conditions of the | ||||||
25 | permit shall be deemed compliance with
applicable | ||||||
26 | requirements which are applicable as of the date of |
| |||||||
| |||||||
1 | release of
the proposed permit, provided that:
| ||||||
2 | A. The applicable requirement is specifically | ||||||
3 | identified within the
permit; or
| ||||||
4 | B. The Agency in acting on the CAAPP | ||||||
5 | application or revision
determines in writing that | ||||||
6 | other requirements specifically identified are not
| ||||||
7 | applicable to the source, and the permit includes | ||||||
8 | that determination or a
concise summary thereof.
| ||||||
9 | ii. The permit shall identify the requirements for | ||||||
10 | which the source is
shielded. The shield shall not | ||||||
11 | extend to applicable requirements which are
| ||||||
12 | promulgated after the date of release of the proposed | ||||||
13 | permit unless the permit
has been modified to reflect | ||||||
14 | such new requirements.
| ||||||
15 | iii. A CAAPP permit which does not expressly | ||||||
16 | indicate the existence of a
permit shield shall not | ||||||
17 | provide such a shield.
| ||||||
18 | iv. Nothing in this paragraph or in a CAAPP permit | ||||||
19 | shall alter or affect
the following:
| ||||||
20 | A. The provisions of Section 303 (emergency | ||||||
21 | powers) of the Clean Air
Act, including USEPA's | ||||||
22 | authority under that section.
| ||||||
23 | B. The liability of an owner or operator of a | ||||||
24 | source for any violation
of applicable | ||||||
25 | requirements prior to or at the time of permit | ||||||
26 | issuance.
|
| |||||||
| |||||||
1 | C. The applicable requirements of the acid | ||||||
2 | rain program consistent
with Section 408(a) of the | ||||||
3 | Clean Air Act.
| ||||||
4 | D. The ability of USEPA to obtain information | ||||||
5 | from a source pursuant
to Section 114 | ||||||
6 | (inspections, monitoring, and entry) of the Clean | ||||||
7 | Air Act.
| ||||||
8 | k. Each CAAPP permit shall include an emergency | ||||||
9 | provision providing an
affirmative defense of emergency to | ||||||
10 | an action brought for noncompliance with
technology-based | ||||||
11 | emission limitations under a CAAPP permit if the following
| ||||||
12 | conditions are met through properly signed, | ||||||
13 | contemporaneous operating logs, or
other relevant | ||||||
14 | evidence:
| ||||||
15 | i. An emergency occurred and the permittee can | ||||||
16 | identify the cause(s) of
the emergency.
| ||||||
17 | ii. The permitted facility was at the time being | ||||||
18 | properly operated.
| ||||||
19 | iii. The permittee submitted notice of the | ||||||
20 | emergency to the Agency
within 2 working days after | ||||||
21 | the time when emission limitations were exceeded due
| ||||||
22 | to the emergency. This notice must contain a detailed | ||||||
23 | description of the
emergency, any steps taken to | ||||||
24 | mitigate emissions, and corrective actions taken.
| ||||||
25 | iv. During the period of the emergency the | ||||||
26 | permittee took all reasonable
steps to minimize levels |
| |||||||
| |||||||
1 | of emissions that exceeded the emission limitations,
| ||||||
2 | standards, or requirements in the permit.
| ||||||
3 | For purposes of this subsection, "emergency" means any | ||||||
4 | situation arising
from sudden and reasonably unforeseeable | ||||||
5 | events beyond the control of the
source, such as an act of | ||||||
6 | God, that requires immediate corrective action to
restore | ||||||
7 | normal operation, and that causes the source to exceed a
| ||||||
8 | technology-based emission limitation under the permit, due | ||||||
9 | to unavoidable
increases in emissions attributable to the | ||||||
10 | emergency. An emergency shall not
include noncompliance to | ||||||
11 | the extent caused by improperly designed equipment,
lack | ||||||
12 | of preventative maintenance, careless or improper | ||||||
13 | operation, or operation
error.
| ||||||
14 | In any enforcement proceeding, the permittee seeking | ||||||
15 | to establish the
occurrence of an emergency has the burden | ||||||
16 | of proof. This provision is in
addition to any emergency | ||||||
17 | or upset provision contained in any applicable
| ||||||
18 | requirement. This provision does not relieve a permittee | ||||||
19 | of any reporting
obligations under existing federal or | ||||||
20 | state laws or regulations.
| ||||||
21 | l. The Agency shall include in each permit issued | ||||||
22 | under subsection 10 of this Section:
| ||||||
23 | i. Terms and conditions for reasonably anticipated | ||||||
24 | operating scenarios
identified by the source in its | ||||||
25 | application. The permit terms and
conditions for each | ||||||
26 | such operating scenario shall meet all applicable
|
| |||||||
| |||||||
1 | requirements and the requirements of this Section.
| ||||||
2 | A. Under this subparagraph, the source must | ||||||
3 | record in a log at the
permitted facility a record | ||||||
4 | of the scenario under which it is operating
| ||||||
5 | contemporaneously with making a change from one | ||||||
6 | operating scenario to another.
| ||||||
7 | B. The permit shield described in paragraph | ||||||
8 | (j) of subsection 7 of this Section
shall extend | ||||||
9 | to all terms and conditions under each such | ||||||
10 | operating scenario.
| ||||||
11 | ii. Where requested by an applicant, all terms and | ||||||
12 | conditions allowing
for trading of emissions increases | ||||||
13 | and decreases between different emission
units at the | ||||||
14 | CAAPP source, to the extent that the applicable | ||||||
15 | requirements
provide for trading of such emissions | ||||||
16 | increases and decreases without a
case-by-case | ||||||
17 | approval of each emissions trade. Such terms and | ||||||
18 | conditions:
| ||||||
19 | A. Shall include all terms required under this | ||||||
20 | subsection to determine
compliance;
| ||||||
21 | B. Must meet all applicable requirements;
| ||||||
22 | C. Shall extend the permit shield described in | ||||||
23 | paragraph (j) of subsection 7 of this
Section to | ||||||
24 | all terms and conditions that allow such increases | ||||||
25 | and decreases in
emissions.
| ||||||
26 | m. The Agency shall specifically designate as not |
| |||||||
| |||||||
1 | being federally
enforceable under the Clean Air Act any | ||||||
2 | terms and conditions included in the
permit that are not | ||||||
3 | specifically required under the Clean Air Act or federal
| ||||||
4 | regulations promulgated thereunder. Terms or conditions so | ||||||
5 | designated shall be
subject to all applicable State | ||||||
6 | requirements, except the requirements of
subsection 7 | ||||||
7 | (other than this paragraph, paragraph q of subsection 7,
| ||||||
8 | subsections 8 through 11, and subsections 13 through 16 of | ||||||
9 | this Section. The
Agency shall, however, include such | ||||||
10 | terms and conditions in the CAAPP permit
issued to the | ||||||
11 | source.
| ||||||
12 | n. Each CAAPP permit issued under subsection 10 of | ||||||
13 | this Section shall
specify and reference the origin of and | ||||||
14 | authority for each term or condition,
and identify any | ||||||
15 | difference in form as compared to the applicable | ||||||
16 | requirement
upon which the term or condition is based.
| ||||||
17 | o. Each CAAPP permit issued under subsection 10 of | ||||||
18 | this Section shall
include provisions stating the | ||||||
19 | following:
| ||||||
20 | i. Duty to comply. The permittee must comply with | ||||||
21 | all terms and
conditions of the CAAPP permit. Any | ||||||
22 | permit noncompliance constitutes a
violation of the | ||||||
23 | Clean Air Act and the Act, and is grounds for any or | ||||||
24 | all of
the following: enforcement action; permit | ||||||
25 | termination, revocation and
reissuance, or | ||||||
26 | modification; or denial of a permit renewal |
| |||||||
| |||||||
1 | application.
| ||||||
2 | ii. Need to halt or reduce activity not a defense. | ||||||
3 | It shall not be a
defense for a permittee in an | ||||||
4 | enforcement action that it would have been
necessary | ||||||
5 | to halt or reduce the permitted activity in order to | ||||||
6 | maintain
compliance with the conditions of this | ||||||
7 | permit.
| ||||||
8 | iii. Permit actions. The permit may be modified, | ||||||
9 | revoked, reopened, and
reissued, or terminated for | ||||||
10 | cause in accordance with the applicable subsections
of | ||||||
11 | Section 39.5 of this Act. The filing of a request by | ||||||
12 | the permittee for a
permit modification, revocation | ||||||
13 | and reissuance, or termination, or of a
notification | ||||||
14 | of planned changes or anticipated noncompliance does | ||||||
15 | not stay any
permit condition.
| ||||||
16 | iv. Property rights. The permit does not convey | ||||||
17 | any property rights of
any sort, or any exclusive | ||||||
18 | privilege.
| ||||||
19 | v. Duty to provide information. The permittee | ||||||
20 | shall furnish to the
Agency within a reasonable time | ||||||
21 | specified by the Agency any information that
the | ||||||
22 | Agency may request in writing to determine whether | ||||||
23 | cause exists for
modifying, revoking and reissuing, or | ||||||
24 | terminating the permit or to determine
compliance with | ||||||
25 | the permit. Upon request, the permittee shall also | ||||||
26 | furnish to
the Agency copies of records required to be |
| |||||||
| |||||||
1 | kept by the permit or, for
information claimed to be | ||||||
2 | confidential, the permittee may furnish such records
| ||||||
3 | directly to USEPA along with a claim of | ||||||
4 | confidentiality.
| ||||||
5 | vi. Duty to pay fees. The permittee must pay fees | ||||||
6 | to the Agency
consistent with the fee schedule | ||||||
7 | approved pursuant to subsection 18 of this
Section, | ||||||
8 | and submit any information relevant thereto.
| ||||||
9 | vii. Emissions trading. No permit revision shall | ||||||
10 | be required for
increases in emissions allowed under | ||||||
11 | any approved economic incentives,
marketable permits, | ||||||
12 | emissions trading, and other similar programs or | ||||||
13 | processes
for changes that are provided for in the | ||||||
14 | permit and that are authorized by the
applicable | ||||||
15 | requirement.
| ||||||
16 | p. Each CAAPP permit issued under subsection 10 of | ||||||
17 | this Section shall
contain the following elements with | ||||||
18 | respect to compliance:
| ||||||
19 | i. Compliance certification, testing, monitoring, | ||||||
20 | reporting, and record
keeping requirements sufficient | ||||||
21 | to assure compliance with the terms and
conditions of | ||||||
22 | the permit. Any document (including reports) required | ||||||
23 | by a CAAPP
permit shall contain a certification by a | ||||||
24 | responsible official that meets the
requirements of | ||||||
25 | subsection 5 of this Section and applicable | ||||||
26 | regulations.
|
| |||||||
| |||||||
1 | ii. Inspection and entry requirements that | ||||||
2 | necessitate that, upon
presentation of credentials and | ||||||
3 | other documents as may be required by law and
in | ||||||
4 | accordance with constitutional limitations, the | ||||||
5 | permittee shall allow the
Agency, or an authorized | ||||||
6 | representative to perform the following:
| ||||||
7 | A. Enter upon the permittee's premises where a | ||||||
8 | CAAPP source is located
or emissions-related | ||||||
9 | activity is conducted, or where records must be | ||||||
10 | kept under
the conditions of the permit.
| ||||||
11 | B. Have access to and copy, at reasonable | ||||||
12 | times, any records that must
be kept under the | ||||||
13 | conditions of the permit.
| ||||||
14 | C. Inspect at reasonable times any facilities, | ||||||
15 | equipment (including
monitoring and air pollution | ||||||
16 | control equipment), practices, or operations
| ||||||
17 | regulated or required under the permit.
| ||||||
18 | D. Sample or monitor any substances or | ||||||
19 | parameters at any location:
| ||||||
20 | 1. As authorized by the Clean Air Act, at | ||||||
21 | reasonable times, for
the purposes of assuring | ||||||
22 | compliance with the CAAPP permit or applicable
| ||||||
23 | requirements; or
| ||||||
24 | 2. As otherwise authorized by this Act.
| ||||||
25 | iii. A schedule of compliance consistent with | ||||||
26 | subsection 5 of this
Section and applicable |
| |||||||
| |||||||
1 | regulations.
| ||||||
2 | iv. Progress reports consistent with an applicable | ||||||
3 | schedule of
compliance pursuant to paragraph (d) of | ||||||
4 | subsection 5 of this Section and applicable
| ||||||
5 | regulations to be submitted semiannually, or more | ||||||
6 | frequently if the Agency
determines that such more | ||||||
7 | frequent submittals are necessary for compliance with
| ||||||
8 | the Act or regulations promulgated by the Board | ||||||
9 | thereunder. Such progress
reports shall contain the | ||||||
10 | following:
| ||||||
11 | A. Required dates for achieving the | ||||||
12 | activities, milestones, or
compliance required by | ||||||
13 | the schedule of compliance and dates when such
| ||||||
14 | activities, milestones or compliance were | ||||||
15 | achieved.
| ||||||
16 | B. An explanation of why any dates in the | ||||||
17 | schedule of compliance were
not or will not be | ||||||
18 | met, and any preventive or corrective measures | ||||||
19 | adopted.
| ||||||
20 | v. Requirements for compliance certification with | ||||||
21 | terms and conditions
contained in the permit, | ||||||
22 | including emission limitations, standards, or work
| ||||||
23 | practices. Permits shall include each of the | ||||||
24 | following:
| ||||||
25 | A. The frequency (annually or more frequently | ||||||
26 | as specified in any
applicable requirement or by |
| |||||||
| |||||||
1 | the Agency pursuant to written procedures) of
| ||||||
2 | submissions of compliance certifications.
| ||||||
3 | B. A means for assessing or monitoring the | ||||||
4 | compliance of the source
with its emissions | ||||||
5 | limitations, standards, and work practices.
| ||||||
6 | C. A requirement that the compliance | ||||||
7 | certification include the
following:
| ||||||
8 | 1. The identification of each term or | ||||||
9 | condition contained in the
permit that is the | ||||||
10 | basis of the certification.
| ||||||
11 | 2. The compliance status.
| ||||||
12 | 3. Whether compliance was continuous or | ||||||
13 | intermittent.
| ||||||
14 | 4. The method(s) used for determining the | ||||||
15 | compliance status of the
source, both | ||||||
16 | currently and over the reporting period | ||||||
17 | consistent with subsection
7 of this Section.
| ||||||
18 | D. A requirement that all compliance | ||||||
19 | certifications be submitted to
the Agency.
| ||||||
20 | E. Additional requirements as may be specified | ||||||
21 | pursuant to Sections
114(a)(3) and 504(b) of the | ||||||
22 | Clean Air Act.
| ||||||
23 | F. Other provisions as the Agency may require.
| ||||||
24 | q. If the owner or operator of CAAPP source can | ||||||
25 | demonstrate in its
CAAPP application, including an | ||||||
26 | application for a significant modification,
that an |
| |||||||
| |||||||
1 | alternative emission limit would be equivalent to that | ||||||
2 | contained in the
applicable Board regulations, the Agency | ||||||
3 | shall include the alternative
emission limit in the CAAPP | ||||||
4 | permit, which shall supersede the
emission limit
set forth | ||||||
5 | in the applicable Board regulations, and shall include | ||||||
6 | conditions
that insure that the resulting emission limit | ||||||
7 | is quantifiable, accountable,
enforceable, and based on | ||||||
8 | replicable procedures.
| ||||||
9 | 8. Public Notice; Affected State Review.
| ||||||
10 | a. The Agency shall provide notice to the public, | ||||||
11 | including an opportunity
for public comment and a hearing, | ||||||
12 | on each draft CAAPP permit for issuance,
renewal or | ||||||
13 | significant modification, subject to Section 7.1 and | ||||||
14 | subsection (a) of Section 7 of this
Act.
| ||||||
15 | b. The Agency shall prepare a draft CAAPP permit and a | ||||||
16 | statement that sets
forth the legal and factual basis for | ||||||
17 | the draft CAAPP permit conditions,
including references to | ||||||
18 | the applicable statutory or regulatory provisions. The
| ||||||
19 | Agency shall provide this statement to any person who | ||||||
20 | requests it.
| ||||||
21 | c. The Agency shall give notice of each draft CAAPP | ||||||
22 | permit to the
applicant and to any affected State on or | ||||||
23 | before the time that the Agency has
provided notice to the | ||||||
24 | public, except as otherwise provided in this Act.
| ||||||
25 | d. The Agency, as part of its submittal of a proposed |
| |||||||
| |||||||
1 | permit to USEPA
(or as soon as possible after the | ||||||
2 | submittal for minor permit modification
procedures allowed | ||||||
3 | under subsection 14 of this Section), shall notify USEPA
| ||||||
4 | and any affected State in writing of any refusal of the | ||||||
5 | Agency to accept all
of the recommendations for the | ||||||
6 | proposed permit that an affected State
submitted during | ||||||
7 | the public or affected State review period. The notice
| ||||||
8 | shall include the Agency's reasons for not accepting the | ||||||
9 | recommendations.
The Agency is not required to accept | ||||||
10 | recommendations that are not based on
applicable | ||||||
11 | requirements or the requirements of this Section.
| ||||||
12 | e. The Agency shall make available to the public any | ||||||
13 | CAAPP permit
application, compliance plan (including the | ||||||
14 | schedule of compliance), CAAPP
permit, and emissions or | ||||||
15 | compliance monitoring report. If an owner or operator
of a | ||||||
16 | CAAPP source is required to submit information entitled to | ||||||
17 | protection from
disclosure under Section 7.1 and | ||||||
18 | subsection (a) of Section 7 of this Act, the owner or | ||||||
19 | operator
shall submit such information separately. The | ||||||
20 | requirements of
Section 7.1 and subsection (a) of Section | ||||||
21 | 7 of this Act shall apply to such information, which shall | ||||||
22 | not be
included in a CAAPP permit unless required by law. | ||||||
23 | The contents of a CAAPP
permit shall not be entitled to | ||||||
24 | protection under Section 7.1 and subsection (a) of Section | ||||||
25 | 7 of
this Act.
| ||||||
26 | f. The Agency shall have the authority to adopt |
| |||||||
| |||||||
1 | procedural rules, in
accordance with the Illinois | ||||||
2 | Administrative Procedure Act, as the Agency deems
| ||||||
3 | necessary, to implement this subsection.
| ||||||
4 | g. If requested by the permit applicant, the Agency | ||||||
5 | shall provide the permit applicant with a copy of the | ||||||
6 | draft CAAPP permit prior to any public review period. If | ||||||
7 | requested by the permit applicant, the Agency shall | ||||||
8 | provide the permit applicant with a copy of the final | ||||||
9 | CAAPP permit prior to issuance of the CAAPP permit.
| ||||||
10 | 9. USEPA Notice and Objection.
| ||||||
11 | a. The Agency shall provide to USEPA for its review a | ||||||
12 | copy of each CAAPP
application (including any application | ||||||
13 | for permit modification), statement of
basis as provided | ||||||
14 | in paragraph (b) of subsection 8 of this Section, proposed | ||||||
15 | CAAPP permit,
CAAPP permit, and, if the Agency does not | ||||||
16 | incorporate any affected State's
recommendations on a | ||||||
17 | proposed CAAPP permit, a written statement of this
| ||||||
18 | decision and its reasons for not accepting the | ||||||
19 | recommendations, except as
otherwise provided in this Act | ||||||
20 | or by agreement with USEPA. To the extent
practicable, the | ||||||
21 | preceding information shall be provided in computer | ||||||
22 | readable
format compatible with USEPA's national database | ||||||
23 | management system.
| ||||||
24 | b. The Agency shall not issue the proposed CAAPP | ||||||
25 | permit if USEPA objects
in writing within 45 days after |
| |||||||
| |||||||
1 | receipt of the proposed CAAPP permit and all
necessary | ||||||
2 | supporting information.
| ||||||
3 | c. If USEPA objects in writing to the issuance of the | ||||||
4 | proposed CAAPP
permit within the 45-day period, the Agency | ||||||
5 | shall respond in writing and may
revise and resubmit the | ||||||
6 | proposed CAAPP permit in response to the stated
objection, | ||||||
7 | to the extent supported by the record, within 90 days | ||||||
8 | after the date
of the objection. Prior to submitting a | ||||||
9 | revised permit to USEPA, the Agency
shall provide the | ||||||
10 | applicant and any person who participated in the public
| ||||||
11 | comment process, pursuant to subsection 8 of this Section, | ||||||
12 | with a 10-day period
to comment on any revision which the | ||||||
13 | Agency is proposing to make to the permit
in response to | ||||||
14 | USEPA's objection in accordance with Agency procedures.
| ||||||
15 | d. Any USEPA objection under this subsection, | ||||||
16 | according to the Clean Air
Act, will include a statement | ||||||
17 | of reasons for the objection and a description of
the | ||||||
18 | terms and conditions that must be in the permit, in order | ||||||
19 | to adequately
respond to the objections. Grounds for a | ||||||
20 | USEPA objection include the failure
of the Agency to: (1) | ||||||
21 | submit the items and notices required under this
| ||||||
22 | subsection; (2) submit any other information necessary to | ||||||
23 | adequately review the
proposed CAAPP permit; or (3) | ||||||
24 | process the permit under subsection 8 of this
Section | ||||||
25 | except for minor permit modifications.
| ||||||
26 | e. If USEPA does not object in writing to issuance of a |
| |||||||
| |||||||
1 | permit under this
subsection, any person may petition | ||||||
2 | USEPA within 60 days after expiration of
the 45-day review | ||||||
3 | period to make such objection.
| ||||||
4 | f. If the permit has not yet been issued and USEPA | ||||||
5 | objects to the permit
as a result of a petition, the Agency | ||||||
6 | shall not issue the permit until USEPA's
objection has | ||||||
7 | been resolved. The Agency shall provide a 10-day comment | ||||||
8 | period
in accordance with paragraph c of this subsection. | ||||||
9 | A petition does not,
however, stay the effectiveness of a | ||||||
10 | permit or its requirements if the permit
was issued after | ||||||
11 | expiration of the 45-day review period and prior to a | ||||||
12 | USEPA
objection.
| ||||||
13 | g. If the Agency has issued a permit after expiration | ||||||
14 | of the 45-day review
period and prior to receipt of a USEPA | ||||||
15 | objection under this subsection in
response to a petition | ||||||
16 | submitted pursuant to paragraph e of this subsection,
the | ||||||
17 | Agency may, upon receipt of an objection from USEPA, | ||||||
18 | revise and resubmit
the permit to USEPA pursuant to this | ||||||
19 | subsection after providing a 10-day
comment period in | ||||||
20 | accordance with paragraph c of this subsection. If the | ||||||
21 | Agency
fails to submit a revised permit in response to the | ||||||
22 | objection, USEPA shall
modify, terminate or revoke the | ||||||
23 | permit. In any case, the source will not be in
violation of | ||||||
24 | the requirement to have submitted a timely and complete
| ||||||
25 | application.
| ||||||
26 | h. The Agency shall have the authority to adopt |
| |||||||
| |||||||
1 | procedural rules, in
accordance with the Illinois | ||||||
2 | Administrative Procedure Act, as the Agency deems
| ||||||
3 | necessary, to implement this subsection.
| ||||||
4 | 10. Final Agency Action.
| ||||||
5 | a. The Agency shall issue a CAAPP permit, permit | ||||||
6 | modification, or permit
renewal if all of the following | ||||||
7 | conditions are met:
| ||||||
8 | i. The applicant has submitted a complete and | ||||||
9 | certified application for
a permit, permit | ||||||
10 | modification, or permit renewal consistent with | ||||||
11 | subsections 5
and 14 of this Section, as applicable, | ||||||
12 | and applicable regulations.
| ||||||
13 | ii. The applicant has submitted with its complete | ||||||
14 | application an
approvable compliance plan, including a | ||||||
15 | schedule for achieving compliance,
consistent with | ||||||
16 | subsection 5 of this Section and applicable | ||||||
17 | regulations.
| ||||||
18 | iii. The applicant has timely paid the fees | ||||||
19 | required pursuant to
subsection 18 of this Section and | ||||||
20 | applicable regulations.
| ||||||
21 | iv. The Agency has received a complete CAAPP | ||||||
22 | application and, if
necessary, has requested and | ||||||
23 | received additional information from the applicant
| ||||||
24 | consistent with subsection 5 of this Section and | ||||||
25 | applicable regulations.
|
| |||||||
| |||||||
1 | v. The Agency has complied with all applicable | ||||||
2 | provisions regarding
public notice and affected State | ||||||
3 | review consistent with subsection 8 of this
Section | ||||||
4 | and applicable regulations.
| ||||||
5 | vi. The Agency has provided a copy of each CAAPP | ||||||
6 | application, or summary
thereof, pursuant to agreement | ||||||
7 | with USEPA and proposed CAAPP permit required
under | ||||||
8 | subsection 9 of this Section to USEPA, and USEPA has | ||||||
9 | not objected to the
issuance of the permit in | ||||||
10 | accordance with the Clean Air Act and 40 CFR Part 70. | ||||||
11 | vii. The Agency has concluded, following a review | ||||||
12 | of the prospective owner's or operator's compliance | ||||||
13 | history as required by paragraph b of subsection 10 of | ||||||
14 | this Section, that previous noncompliance does not | ||||||
15 | justify permit denial.
| ||||||
16 | b. The Agency shall have the authority to deny a CAAPP | ||||||
17 | permit, permit
modification, or permit renewal if the | ||||||
18 | applicant has not complied with the
requirements of | ||||||
19 | subparagraphs (i) through (iv) of paragraph (a) of this | ||||||
20 | subsection or if USEPA
objects to its issuance. Further, | ||||||
21 | for a covered permit transaction, the Agency shall conduct | ||||||
22 | an evaluation of the prospective owner's or operator's | ||||||
23 | prior experience in owning and operating sources of air | ||||||
24 | pollution. The Agency has the authority to deny a covered | ||||||
25 | permit transaction if the prospective owner or operator or | ||||||
26 | any employee or officer of the prospective owner or |
| |||||||
| |||||||
1 | operator or board member or manager has a history of:
| ||||||
2 | i. repeated violations of federal, State, or local | ||||||
3 | laws, rules, regulations, standards, or ordinances | ||||||
4 | involving the ownership or operation of sources of air | ||||||
5 | pollution; | ||||||
6 | ii. conviction: | ||||||
7 | (A) in this or another state of any crime that | ||||||
8 | is a felony under the laws of this State; | ||||||
9 | (B) of a felony in a federal court; or | ||||||
10 | (C) in this or another state or federal court | ||||||
11 | of any of the following crimes: | ||||||
12 | (i) forgery; | ||||||
13 | (ii) official misconduct; | ||||||
14 | (iii) bribery; | ||||||
15 | (iv) perjury; or | ||||||
16 | (v) knowingly submitting false information | ||||||
17 | under any environmental law, rule, regulation, | ||||||
18 | or permit term or condition; or | ||||||
19 | iii. proof of gross carelessness or incompetence | ||||||
20 | in the ownership or operation of a source of air | ||||||
21 | pollution. | ||||||
22 | c. i. Prior to denial of a CAAPP permit, permit | ||||||
23 | modification, or permit
renewal under this Section, | ||||||
24 | the Agency shall notify the applicant of the
possible | ||||||
25 | denial and the reasons for the denial.
| ||||||
26 | ii. Within such notice, the Agency shall specify |
| |||||||
| |||||||
1 | an appropriate date by
which the applicant shall | ||||||
2 | adequately respond to the Agency's notice. Such date
| ||||||
3 | shall not exceed 15 days from the date the | ||||||
4 | notification is received by the
applicant. The Agency | ||||||
5 | may grant a reasonable extension for good cause
shown.
| ||||||
6 | iii. Failure by the applicant to adequately | ||||||
7 | respond by the date
specified in the notification or | ||||||
8 | by any granted extension date shall be grounds
for | ||||||
9 | denial of the permit.
| ||||||
10 | For purposes of obtaining judicial review under | ||||||
11 | Sections 40.2 and 41 of
this Act, the Agency shall | ||||||
12 | provide to USEPA and each applicant, and, upon
| ||||||
13 | request, to affected States, any person who | ||||||
14 | participated in the public comment
process, and any | ||||||
15 | other person who could obtain judicial review under | ||||||
16 | Sections
40.2 and 41 of this Act, a copy of each CAAPP | ||||||
17 | permit or notification of denial
pertaining to that | ||||||
18 | party.
| ||||||
19 | d. The Agency shall have the authority to adopt | ||||||
20 | procedural rules, in
accordance with the Illinois | ||||||
21 | Administrative Procedure Act, as the Agency deems
| ||||||
22 | necessary, to implement this subsection.
| ||||||
23 | 11. General Permits.
| ||||||
24 | a. The Agency may issue a general permit covering | ||||||
25 | numerous similar
sources, except for affected sources for |
| |||||||
| |||||||
1 | acid deposition unless otherwise
provided in regulations | ||||||
2 | promulgated under Title IV of the Clean Air Act.
| ||||||
3 | b. The Agency shall identify, in any general permit, | ||||||
4 | criteria by which
sources may qualify for the general | ||||||
5 | permit.
| ||||||
6 | c. CAAPP sources that would qualify for a general | ||||||
7 | permit must apply for
coverage under the terms of the | ||||||
8 | general permit or must apply for a CAAPP permit
consistent | ||||||
9 | with subsection 5 of this Section and applicable | ||||||
10 | regulations.
| ||||||
11 | d. The Agency shall comply with the public comment and | ||||||
12 | hearing provisions
of this Section as well as the USEPA | ||||||
13 | and affected State review procedures prior
to issuance of | ||||||
14 | a general
permit.
| ||||||
15 | e. When granting a subsequent request by a qualifying | ||||||
16 | CAAPP source for
coverage under the terms of a general | ||||||
17 | permit, the Agency shall not be required
to repeat the | ||||||
18 | public notice and comment procedures. The granting of such
| ||||||
19 | request shall not be considered a final permit action for | ||||||
20 | purposes of judicial
review.
| ||||||
21 | f. The Agency may not issue a general permit to cover | ||||||
22 | any discrete
emission unit at a CAAPP source if another | ||||||
23 | CAAPP permit covers emission units
at the source.
| ||||||
24 | g. The Agency shall have the authority to adopt | ||||||
25 | procedural rules, in
accordance with the Illinois | ||||||
26 | Administrative Procedure Act, as the Agency deems
|
| |||||||
| |||||||
1 | necessary, to implement this subsection.
| ||||||
2 | 12. Operational Flexibility.
| ||||||
3 | a. An owner or operator of a CAAPP source may make | ||||||
4 | changes at the CAAPP
source without requiring a prior | ||||||
5 | permit revision, consistent with
subparagraphs (i) through | ||||||
6 | (iii) of paragraph (a) of this subsection, so long as the
| ||||||
7 | changes are not modifications under any provision of Title | ||||||
8 | I of the Clean
Air Act and they do not exceed the emissions | ||||||
9 | allowable under the permit
(whether expressed therein as a | ||||||
10 | rate of emissions or in terms of total
emissions), | ||||||
11 | provided that the owner or operator of the CAAPP source
| ||||||
12 | provides USEPA and the Agency with written notification as | ||||||
13 | required below in
advance of the proposed changes, which | ||||||
14 | shall be a minimum of 7 days, unless
otherwise provided by | ||||||
15 | the Agency in applicable regulations regarding
| ||||||
16 | emergencies. The owner or operator of a CAAPP source and | ||||||
17 | the Agency shall
each attach such notice to their copy of | ||||||
18 | the relevant permit.
| ||||||
19 | i. An owner or operator of a CAAPP source may make
| ||||||
20 | Section 502 (b) (10) changes without a permit | ||||||
21 | revision, if the
changes are not modifications under | ||||||
22 | any provision of Title I of the Clean
Air Act and the | ||||||
23 | changes do not exceed the emissions allowable under | ||||||
24 | the
permit (whether expressed therein as a rate of | ||||||
25 | emissions or in terms of total emissions).
|
| |||||||
| |||||||
1 | A. For each such change, the written | ||||||
2 | notification required above shall
include a brief | ||||||
3 | description of the change within the source, the | ||||||
4 | date on
which the change will occur, any change in | ||||||
5 | emissions, and any permit term
or condition that | ||||||
6 | is no longer applicable as a result of the change.
| ||||||
7 | B. The permit shield described in paragraph | ||||||
8 | (j) of subsection 7 of this Section shall
not | ||||||
9 | apply to any change made pursuant to this | ||||||
10 | subparagraph.
| ||||||
11 | ii. An owner or operator of a CAAPP source may | ||||||
12 | trade increases and
decreases in emissions in the | ||||||
13 | CAAPP source, where the applicable
implementation plan | ||||||
14 | provides for such emission trades without requiring a
| ||||||
15 | permit revision. This provision is available in those | ||||||
16 | cases where the
permit does not already provide for | ||||||
17 | such emissions trading.
| ||||||
18 | A. Under this subparagraph (ii) of paragraph | ||||||
19 | (a) of this subsection, the written notification | ||||||
20 | required
above shall include such information as | ||||||
21 | may be required by the provision in
the applicable | ||||||
22 | implementation plan authorizing the emissions | ||||||
23 | trade,
including at a minimum, when the proposed | ||||||
24 | changes will occur, a description
of each such | ||||||
25 | change, any change in emissions, the permit | ||||||
26 | requirements with
which the source will comply |
| |||||||
| |||||||
1 | using the emissions trading provisions of the
| ||||||
2 | applicable implementation plan, and the pollutants | ||||||
3 | emitted subject to the
emissions trade. The notice | ||||||
4 | shall also refer to the provisions in the
| ||||||
5 | applicable implementation plan with which the | ||||||
6 | source will comply and
provide for the emissions | ||||||
7 | trade.
| ||||||
8 | B. The permit shield described in paragraph | ||||||
9 | (j) of subsection 7 of this Section shall
not | ||||||
10 | apply to any change made pursuant to subparagraph | ||||||
11 | (ii) of paragraph (a) of this subsection.
| ||||||
12 | Compliance with the permit requirements that the | ||||||
13 | source will meet using the
emissions trade shall | ||||||
14 | be determined according to the requirements of the
| ||||||
15 | applicable implementation plan authorizing the | ||||||
16 | emissions trade.
| ||||||
17 | iii. If requested within a CAAPP application, the | ||||||
18 | Agency shall issue a
CAAPP permit which contains terms | ||||||
19 | and conditions, including all terms
required under | ||||||
20 | subsection 7 of this Section to determine compliance,
| ||||||
21 | allowing for the trading of emissions increases and | ||||||
22 | decreases at the CAAPP
source solely for the purpose | ||||||
23 | of complying with a federally-enforceable
emissions | ||||||
24 | cap that is established in the permit independent of | ||||||
25 | otherwise
applicable requirements. The owner or | ||||||
26 | operator of a CAAPP source shall include
in its CAAPP |
| |||||||
| |||||||
1 | application proposed replicable procedures and permit | ||||||
2 | terms that
ensure the emissions trades are | ||||||
3 | quantifiable and enforceable. The permit shall
also | ||||||
4 | require compliance with all applicable requirements.
| ||||||
5 | A. Under this subparagraph (iii) of paragraph | ||||||
6 | (a), the written notification required
above shall | ||||||
7 | state when the change will occur and shall | ||||||
8 | describe the changes
in emissions that will result | ||||||
9 | and how these increases and decreases in
emissions | ||||||
10 | will comply with the terms and conditions of the | ||||||
11 | permit.
| ||||||
12 | B. The permit shield described in paragraph | ||||||
13 | (j) of subsection 7 of this Section shall
extend | ||||||
14 | to terms and conditions that allow such increases | ||||||
15 | and decreases in
emissions.
| ||||||
16 | b. An owner or operator of a CAAPP source may make | ||||||
17 | changes that are not
addressed or prohibited by the | ||||||
18 | permit, other than those which are subject to
any | ||||||
19 | requirements under Title IV of the Clean Air Act or are | ||||||
20 | modifications under
any provisions of Title I of the Clean | ||||||
21 | Air Act, without a permit
revision, in accordance with the | ||||||
22 | following requirements:
| ||||||
23 | (i) Each such change shall meet all applicable | ||||||
24 | requirements and shall
not violate any existing permit | ||||||
25 | term or condition;
| ||||||
26 | (ii) Sources must provide contemporaneous written |
| |||||||
| |||||||
1 | notice to the Agency
and USEPA of each such change, | ||||||
2 | except for changes that qualify as insignificant
under | ||||||
3 | provisions adopted by the Agency or the Board. Such | ||||||
4 | written notice shall
describe each such change, | ||||||
5 | including the date, any change in emissions,
| ||||||
6 | pollutants emitted, and any applicable requirement | ||||||
7 | that would apply as a result
of the change;
| ||||||
8 | (iii) The change shall not qualify for the shield | ||||||
9 | described in paragraph
(j) of subsection 7 of this | ||||||
10 | Section; and
| ||||||
11 | (iv) The permittee shall keep a record describing | ||||||
12 | changes made at the
source that result in emissions of | ||||||
13 | a regulated air pollutant subject to an
applicable | ||||||
14 | Clean Air Act requirement, but not otherwise regulated | ||||||
15 | under the
permit, and the emissions resulting from | ||||||
16 | those changes.
| ||||||
17 | c. The Agency shall have the authority to adopt | ||||||
18 | procedural rules, in
accordance with the Illinois | ||||||
19 | Administrative Procedure Act, as the Agency
deems | ||||||
20 | necessary to implement this subsection.
| ||||||
21 | 13. Administrative Permit Amendments.
| ||||||
22 | a. The Agency shall take final action on a
request for | ||||||
23 | an administrative permit amendment within 60 days after | ||||||
24 | receipt of the
request. Neither notice nor an opportunity | ||||||
25 | for public and affected State
comment shall be required |
| |||||||
| |||||||
1 | for the Agency to incorporate such revisions,
provided it | ||||||
2 | designates the permit revisions as having been made | ||||||
3 | pursuant to
this subsection.
| ||||||
4 | b. The Agency shall submit a copy of the revised | ||||||
5 | permit to USEPA.
| ||||||
6 | c. For purposes of this Section the term | ||||||
7 | "administrative permit amendment"
shall be defined as a | ||||||
8 | permit revision that can accomplish one or more of
the
| ||||||
9 | changes described below:
| ||||||
10 | i. Corrects typographical errors;
| ||||||
11 | ii. Identifies a change in the name, address, or | ||||||
12 | phone number of any
person identified in the permit, | ||||||
13 | or provides a similar minor administrative
change at | ||||||
14 | the source;
| ||||||
15 | iii. Requires more frequent monitoring or | ||||||
16 | reporting by the permittee;
| ||||||
17 | iv. Allows for a change in ownership or | ||||||
18 | operational control of a source
where the Agency | ||||||
19 | determines that no other change in the permit is | ||||||
20 | necessary,
provided that a written agreement | ||||||
21 | containing a specific date for transfer of
permit | ||||||
22 | responsibility, coverage, and liability between the | ||||||
23 | current and new
permittees has been submitted to the | ||||||
24 | Agency;
| ||||||
25 | v. Incorporates into the CAAPP permit the | ||||||
26 | requirements from
preconstruction review permits |
| |||||||
| |||||||
1 | authorized under a USEPA-approved program,
provided | ||||||
2 | the program meets procedural and compliance | ||||||
3 | requirements substantially
equivalent to those | ||||||
4 | contained in this Section;
| ||||||
5 | vi. (Blank); or
| ||||||
6 | vii. Any other type of change which USEPA has | ||||||
7 | determined as part of
the
approved CAAPP permit | ||||||
8 | program to be similar to those included in this
| ||||||
9 | subsection.
| ||||||
10 | d. The Agency shall, upon taking final action granting | ||||||
11 | a request for
an administrative permit amendment, allow | ||||||
12 | coverage by the permit shield in
paragraph (j) of | ||||||
13 | subsection 7 of this Section for administrative permit | ||||||
14 | amendments made
pursuant to subparagraph (v) of paragraph | ||||||
15 | (c) of this subsection which meet the relevant
| ||||||
16 | requirements for significant permit modifications.
| ||||||
17 | e. Permit revisions and modifications, including | ||||||
18 | administrative amendments
and automatic amendments | ||||||
19 | (pursuant to Sections 408(b) and 403(d) of the Clean
Air | ||||||
20 | Act or regulations promulgated thereunder), for purposes | ||||||
21 | of the acid rain
portion of the permit shall be governed by | ||||||
22 | the regulations promulgated under
Title IV of the Clean | ||||||
23 | Air Act. Owners or operators of affected sources for
acid | ||||||
24 | deposition shall have the flexibility to amend their | ||||||
25 | compliance plans as
provided in the regulations | ||||||
26 | promulgated under Title IV of the Clean Air Act.
|
| |||||||
| |||||||
1 | f. The CAAPP source may implement the changes | ||||||
2 | addressed in the
request for an administrative permit | ||||||
3 | amendment immediately upon submittal of
the request.
| ||||||
4 | g. The Agency shall have the authority to adopt | ||||||
5 | procedural rules, in
accordance with the Illinois | ||||||
6 | Administrative Procedure Act, as the Agency
deems | ||||||
7 | necessary, to implement this subsection.
| ||||||
8 | 14. Permit Modifications.
| ||||||
9 | a. Minor permit modification procedures.
| ||||||
10 | i. The Agency shall review a permit modification | ||||||
11 | using the "minor
permit" modification procedures only | ||||||
12 | for those permit modifications that:
| ||||||
13 | A. Do not violate any applicable requirement;
| ||||||
14 | B. Do not involve significant changes to | ||||||
15 | existing monitoring,
reporting, or recordkeeping | ||||||
16 | requirements in the permit;
| ||||||
17 | C. Do not require a case-by-case determination | ||||||
18 | of an emission
limitation or other standard, or a | ||||||
19 | source-specific determination of ambient
impacts, | ||||||
20 | or a visibility or increment analysis;
| ||||||
21 | D. Do not seek to establish or change a permit | ||||||
22 | term or condition
for which there is no | ||||||
23 | corresponding underlying requirement and which | ||||||
24 | avoids an
applicable requirement to which the | ||||||
25 | source would otherwise be subject. Such
terms and |
| |||||||
| |||||||
1 | conditions include:
| ||||||
2 | 1. A federally enforceable emissions cap | ||||||
3 | assumed to avoid
classification as a | ||||||
4 | modification under any provision of Title I of | ||||||
5 | the Clean
Air Act; and
| ||||||
6 | 2. An alternative emissions limit approved | ||||||
7 | pursuant to regulations
promulgated under | ||||||
8 | Section 112(i)(5) of the Clean Air Act;
| ||||||
9 | E. Are not modifications under any provision | ||||||
10 | of Title I of the Clean
Air Act; and
| ||||||
11 | F. Are not required to be processed as a | ||||||
12 | significant modification.
| ||||||
13 | ii. Notwithstanding subparagraph (i) of paragraph | ||||||
14 | (a) and subparagraph (ii) of paragraph (b) of this | ||||||
15 | subsection,
minor permit modification procedures may | ||||||
16 | be used for permit modifications
involving the use of | ||||||
17 | economic incentives, marketable permits, emissions
| ||||||
18 | trading, and other similar approaches, to the extent | ||||||
19 | that such minor permit
modification procedures are | ||||||
20 | explicitly provided for in an applicable
| ||||||
21 | implementation plan or in applicable requirements | ||||||
22 | promulgated by USEPA.
| ||||||
23 | iii. An applicant requesting the use of minor | ||||||
24 | permit modification
procedures shall meet the | ||||||
25 | requirements of subsection 5 of this Section and
shall | ||||||
26 | include the following in its application:
|
| |||||||
| |||||||
1 | A. A description of the change, the emissions | ||||||
2 | resulting from the
change,
and any new applicable | ||||||
3 | requirements that will apply if the change occurs;
| ||||||
4 | B. The source's suggested draft permit;
| ||||||
5 | C. Certification by a responsible official, | ||||||
6 | consistent with
paragraph (e) of subsection 5 of | ||||||
7 | this Section and applicable regulations, that the | ||||||
8 | proposed
modification meets the criteria for use | ||||||
9 | of minor permit modification
procedures and a | ||||||
10 | request that such procedures be used; and
| ||||||
11 | D. Completed forms for the Agency to use to | ||||||
12 | notify USEPA and affected
States as required under | ||||||
13 | subsections 8 and 9 of this Section.
| ||||||
14 | iv. Within 5 working days after receipt of a | ||||||
15 | complete permit modification
application, the Agency | ||||||
16 | shall notify USEPA and affected States of the
| ||||||
17 | requested permit modification in accordance with | ||||||
18 | subsections 8 and 9 of
this Section. The Agency | ||||||
19 | promptly shall send any notice required under
| ||||||
20 | paragraph (d) of subsection 8 of this Section to | ||||||
21 | USEPA.
| ||||||
22 | v. The Agency may not issue a final permit | ||||||
23 | modification until after the
45-day review period for | ||||||
24 | USEPA or until USEPA has notified the Agency that
| ||||||
25 | USEPA will not object to the issuance of the permit | ||||||
26 | modification, whichever
comes first, although the |
| |||||||
| |||||||
1 | Agency can approve the permit modification prior to
| ||||||
2 | that time. Within 90 days after the Agency's receipt | ||||||
3 | of an application under the
minor permit modification | ||||||
4 | procedures or 15 days after the end of USEPA's 45-day
| ||||||
5 | review period under subsection 9 of this Section, | ||||||
6 | whichever is later, the
Agency shall:
| ||||||
7 | A. Issue the permit modification as proposed;
| ||||||
8 | B. Deny the permit modification application;
| ||||||
9 | C. Determine that the requested modification | ||||||
10 | does not meet the minor
permit modification | ||||||
11 | criteria and should be reviewed under the | ||||||
12 | significant
modification procedures; or
| ||||||
13 | D. Revise the draft permit modification and | ||||||
14 | transmit to USEPA the new
proposed permit | ||||||
15 | modification as required by subsection 9 of this | ||||||
16 | Section.
| ||||||
17 | vi. Any CAAPP source may make the change proposed | ||||||
18 | in its minor permit
modification application | ||||||
19 | immediately after it files such application. After
the | ||||||
20 | CAAPP source makes the change allowed by the preceding | ||||||
21 | sentence, and
until the Agency takes any of the | ||||||
22 | actions specified in items (A) through (C) of | ||||||
23 | subparagraph (v) of paragraph (a) of this subsection, | ||||||
24 | the source must comply with
both the applicable | ||||||
25 | requirements governing the change and the proposed
| ||||||
26 | permit terms and conditions. During this time period, |
| |||||||
| |||||||
1 | the source need not
comply with the existing permit | ||||||
2 | terms and conditions it seeks to modify.
If the source | ||||||
3 | fails to comply with its proposed permit terms and | ||||||
4 | conditions
during this time period, the existing | ||||||
5 | permit terms and conditions which it
seeks to modify | ||||||
6 | may be enforced against it.
| ||||||
7 | vii. The permit shield under paragraph (j) of | ||||||
8 | subsection 7 of this Section may not
extend to minor | ||||||
9 | permit modifications.
| ||||||
10 | viii. If a construction permit is required, | ||||||
11 | pursuant to subsection (a) of Section 39 of
this Act | ||||||
12 | and regulations thereunder, for a change for which the | ||||||
13 | minor
permit modification procedures are applicable, | ||||||
14 | the source may request that
the processing of the | ||||||
15 | construction permit application be consolidated with
| ||||||
16 | the processing of the application for the minor permit | ||||||
17 | modification. In
such cases, the provisions of this | ||||||
18 | Section, including those within
subsections 5, 8, and | ||||||
19 | 9, shall apply and the Agency shall act on such
| ||||||
20 | applications pursuant to subparagraph (v) of paragraph | ||||||
21 | (a) of subsection 14 of this Section. The source may | ||||||
22 | make the
proposed change immediately after filing its | ||||||
23 | application for the minor
permit modification. Nothing | ||||||
24 | in this subparagraph shall otherwise affect
the | ||||||
25 | requirements and procedures applicable to construction | ||||||
26 | permits.
|
| |||||||
| |||||||
1 | b. Group Processing of Minor Permit Modifications.
| ||||||
2 | i. Where requested by an applicant within its | ||||||
3 | application, the
Agency shall process groups of a | ||||||
4 | source's applications for certain
modifications | ||||||
5 | eligible for minor permit modification processing in
| ||||||
6 | accordance with the provisions of this paragraph (b).
| ||||||
7 | ii. Permit modifications may be processed in | ||||||
8 | accordance with the
procedures for group processing, | ||||||
9 | for those modifications:
| ||||||
10 | A. Which meet the criteria for minor permit | ||||||
11 | modification procedures
under subparagraph (i) of | ||||||
12 | paragraph (a) of subsection 14 of this Section; | ||||||
13 | and
| ||||||
14 | B. That collectively are below 10 percent of | ||||||
15 | the emissions allowed by
the permit for the | ||||||
16 | emissions unit for which change is requested, 20 | ||||||
17 | percent
of the applicable definition of major | ||||||
18 | source set forth in subsection 2 of
this Section, | ||||||
19 | or 5 tons per year, whichever is least.
| ||||||
20 | iii. An applicant requesting the use of group | ||||||
21 | processing procedures
shall
meet the requirements of | ||||||
22 | subsection 5 of this Section and shall include the
| ||||||
23 | following in its application:
| ||||||
24 | A. A description of the change, the emissions | ||||||
25 | resulting from the
change, and any new applicable | ||||||
26 | requirements that will apply if the change
occurs.
|
| |||||||
| |||||||
1 | B. The source's suggested draft permit.
| ||||||
2 | C. Certification by a responsible official | ||||||
3 | consistent with paragraph
(e) of subsection 5 of | ||||||
4 | this Section, that the proposed modification meets | ||||||
5 | the criteria for
use of group processing | ||||||
6 | procedures and a request that such procedures be | ||||||
7 | used.
| ||||||
8 | D. A list of the source's other pending | ||||||
9 | applications awaiting group
processing, and a | ||||||
10 | determination of whether the requested | ||||||
11 | modification,
aggregated with these other | ||||||
12 | applications, equals or exceeds the threshold
set | ||||||
13 | under item (B) of subparagraph (ii) of paragraph | ||||||
14 | (b) of this subsection.
| ||||||
15 | E. Certification, consistent with paragraph | ||||||
16 | (e) of subsection 5 of this Section, that the | ||||||
17 | source has
notified USEPA of the proposed | ||||||
18 | modification. Such notification need only
contain | ||||||
19 | a brief description of the requested modification.
| ||||||
20 | F. Completed forms for the Agency to use to | ||||||
21 | notify USEPA and affected
states as required under | ||||||
22 | subsections 8 and 9 of this Section.
| ||||||
23 | iv. On a quarterly basis or within 5 business days | ||||||
24 | after receipt of an
application demonstrating that the | ||||||
25 | aggregate of a source's pending
applications equals or | ||||||
26 | exceeds the threshold level set forth within item
(B) |
| |||||||
| |||||||
1 | of subparagraph (ii) of paragraph (b) of this | ||||||
2 | subsection, whichever is earlier, the
Agency shall | ||||||
3 | promptly notify USEPA and affected States of the | ||||||
4 | requested
permit modifications in accordance with | ||||||
5 | subsections 8 and 9 of this
Section. The Agency shall | ||||||
6 | send any notice required under paragraph (d) of | ||||||
7 | subsection 8 of
this Section to USEPA.
| ||||||
8 | v. The provisions of subparagraph (v) of paragraph | ||||||
9 | (a) of this subsection shall apply
to modifications | ||||||
10 | eligible for group processing, except that the Agency
| ||||||
11 | shall take one of the actions specified in items (A) | ||||||
12 | through
(D) of subparagraph (v) of paragraph (a) of | ||||||
13 | this subsection within 180 days after receipt of the | ||||||
14 | application
or 15 days after the end of USEPA's 45-day | ||||||
15 | review period under subsection 9
of this Section, | ||||||
16 | whichever is later.
| ||||||
17 | vi. The provisions of subparagraph (vi) of | ||||||
18 | paragraph (a) of this subsection shall
apply to | ||||||
19 | modifications for group processing.
| ||||||
20 | vii. The provisions of paragraph (j) of subsection | ||||||
21 | 7 of this Section shall not
apply to
modifications | ||||||
22 | eligible for group processing.
| ||||||
23 | c. Significant Permit Modifications.
| ||||||
24 | i. Significant modification procedures shall be | ||||||
25 | used for applications
requesting significant permit | ||||||
26 | modifications and for those applications that do
not |
| |||||||
| |||||||
1 | qualify as either minor permit modifications or as | ||||||
2 | administrative permit
amendments.
| ||||||
3 | ii. Every significant change in existing | ||||||
4 | monitoring permit terms or
conditions and every | ||||||
5 | relaxation of reporting or recordkeeping requirements
| ||||||
6 | shall be considered significant. A modification shall | ||||||
7 | also be considered
significant if in the judgment of | ||||||
8 | the Agency action on an application for
modification | ||||||
9 | would require decisions to be made on technically | ||||||
10 | complex issues.
Nothing herein shall be construed to | ||||||
11 | preclude the permittee from making changes
consistent | ||||||
12 | with this Section that would render existing permit | ||||||
13 | compliance terms
and conditions irrelevant.
| ||||||
14 | iii. Significant permit modifications must meet | ||||||
15 | all the requirements of
this Section, including those | ||||||
16 | for applications (including completeness review),
| ||||||
17 | public participation, review by affected States, and | ||||||
18 | review by USEPA applicable
to initial permit issuance | ||||||
19 | and permit renewal. The Agency shall take final
action | ||||||
20 | on significant permit modifications within 9 months | ||||||
21 | after receipt of a
complete application.
| ||||||
22 | d. The Agency shall have the authority to adopt | ||||||
23 | procedural rules, in
accordance with the Illinois | ||||||
24 | Administrative Procedure Act, as the Agency deems
| ||||||
25 | necessary, to implement this subsection.
|
| |||||||
| |||||||
1 | 15. Reopenings for Cause by the Agency.
| ||||||
2 | a. Each issued CAAPP permit shall include provisions | ||||||
3 | specifying the
conditions under which the permit will be | ||||||
4 | reopened prior to the expiration of
the permit. Such | ||||||
5 | revisions shall be made as expeditiously as practicable. A
| ||||||
6 | CAAPP permit shall be reopened and revised under any of | ||||||
7 | the following
circumstances, in accordance with procedures | ||||||
8 | adopted by the Agency:
| ||||||
9 | i. Additional requirements under the Clean Air Act | ||||||
10 | become applicable to
a major CAAPP source for which 3 | ||||||
11 | or more years remain on the original term of
the | ||||||
12 | permit. Such a reopening shall be completed not later | ||||||
13 | than 18 months after
the promulgation of the | ||||||
14 | applicable requirement. No such revision is required
| ||||||
15 | if the effective date of the requirement is later than | ||||||
16 | the date on which the
permit is due to expire.
| ||||||
17 | ii. Additional requirements (including excess | ||||||
18 | emissions requirements)
become applicable to an | ||||||
19 | affected source for acid deposition under the acid | ||||||
20 | rain
program. Excess emissions offset plans shall be | ||||||
21 | deemed to be incorporated into
the permit upon | ||||||
22 | approval by USEPA.
| ||||||
23 | iii. The Agency or USEPA determines that the | ||||||
24 | permit contains a material
mistake or that inaccurate | ||||||
25 | statements were made in establishing the emissions
| ||||||
26 | standards, limitations, or other terms or conditions |
| |||||||
| |||||||
1 | of the permit.
| ||||||
2 | iv. The Agency or USEPA determines that the permit | ||||||
3 | must be revised or
revoked to assure compliance with | ||||||
4 | the applicable requirements.
| ||||||
5 | b. In the event that the Agency determines that there | ||||||
6 | are grounds for
revoking a CAAPP permit, for cause, | ||||||
7 | consistent with paragraph a of this
subsection, it shall | ||||||
8 | file a petition before the Board
setting forth the basis | ||||||
9 | for such revocation. In any such proceeding, the
Agency | ||||||
10 | shall have the burden of establishing that the permit | ||||||
11 | should be
revoked under the standards set forth in this | ||||||
12 | Act and the Clean Air Act.
Any such proceeding shall be | ||||||
13 | conducted pursuant to the Board's procedures
for | ||||||
14 | adjudicatory hearings and the Board shall render its | ||||||
15 | decision within
120 days of the filing of the petition. | ||||||
16 | The Agency shall take final action to
revoke and reissue a | ||||||
17 | CAAPP permit consistent with the Board's order.
| ||||||
18 | c. Proceedings regarding a reopened CAAPP permit shall | ||||||
19 | follow the same
procedures as apply to initial permit | ||||||
20 | issuance and shall affect only those
parts of the permit | ||||||
21 | for which cause to reopen exists.
| ||||||
22 | d. Reopenings under paragraph (a) of this subsection | ||||||
23 | shall not be
initiated before a notice of such intent is | ||||||
24 | provided to the CAAPP source by the
Agency at least 30 days | ||||||
25 | in advance of the date that the permit is to be
reopened, | ||||||
26 | except that the Agency may provide a shorter time period |
| |||||||
| |||||||
1 | in the case
of an emergency.
| ||||||
2 | e. The Agency shall have the authority to adopt | ||||||
3 | procedural rules, in
accordance with the Illinois | ||||||
4 | Administrative Procedure Act, as the Agency deems
| ||||||
5 | necessary, to implement this subsection.
| ||||||
6 | 16. Reopenings for Cause by USEPA.
| ||||||
7 | a. When USEPA finds that cause exists to terminate, | ||||||
8 | modify, or revoke and
reissue a CAAPP permit pursuant to | ||||||
9 | subsection 15 of this Section, and
thereafter notifies the | ||||||
10 | Agency and the permittee of such finding in writing,
the | ||||||
11 | Agency shall forward to USEPA and the permittee a proposed | ||||||
12 | determination of
termination, modification, or revocation | ||||||
13 | and reissuance as appropriate, in
accordance with | ||||||
14 | paragraph (b) of this subsection. The Agency's proposed
| ||||||
15 | determination shall be in accordance with the record, the | ||||||
16 | Clean Air Act,
regulations promulgated thereunder, this | ||||||
17 | Act and regulations promulgated
thereunder. Such proposed | ||||||
18 | determination shall not affect the permit or
constitute a | ||||||
19 | final permit action for purposes of this Act or the | ||||||
20 | Administrative
Review Law. The Agency shall forward to | ||||||
21 | USEPA such proposed determination
within 90 days after | ||||||
22 | receipt of the notification from USEPA. If additional time
| ||||||
23 | is necessary to submit the proposed determination, the | ||||||
24 | Agency shall request a
90-day extension from USEPA and | ||||||
25 | shall submit the proposed determination within
180 days |
| |||||||
| |||||||
1 | after receipt of notification from USEPA.
| ||||||
2 | b. i. Prior to the Agency's submittal to USEPA of a | ||||||
3 | proposed
determination to terminate or revoke and | ||||||
4 | reissue the permit, the Agency shall
file a petition | ||||||
5 | before the Board setting forth USEPA's objection, the | ||||||
6 | permit
record, the Agency's proposed determination, | ||||||
7 | and the justification for its
proposed determination. | ||||||
8 | The Board shall conduct a hearing pursuant to the | ||||||
9 | rules
prescribed by Section 32 of this Act, and the | ||||||
10 | burden of proof shall be on the
Agency.
| ||||||
11 | ii. After due consideration of the written and | ||||||
12 | oral statements, the
testimony and arguments that | ||||||
13 | shall be submitted at hearing, the Board shall
issue | ||||||
14 | and enter an interim order for the proposed | ||||||
15 | determination, which shall
set forth all changes, if | ||||||
16 | any, required in the Agency's proposed determination.
| ||||||
17 | The interim order shall comply with the requirements | ||||||
18 | for final orders as set
forth in Section 33 of this | ||||||
19 | Act. Issuance of an interim order by the Board
under | ||||||
20 | this paragraph, however, shall not affect the permit | ||||||
21 | status and does not
constitute a final action for | ||||||
22 | purposes of this Act or the Administrative Review
Law.
| ||||||
23 | iii. The Board shall cause a copy of its interim | ||||||
24 | order to be served upon
all parties to the proceeding | ||||||
25 | as well as upon USEPA. The Agency shall submit
the | ||||||
26 | proposed determination to USEPA in accordance with the |
| |||||||
| |||||||
1 | Board's Interim
Order within 180 days after receipt of | ||||||
2 | the notification from USEPA.
| ||||||
3 | c. USEPA shall review the proposed determination to | ||||||
4 | terminate,
modify, or revoke and reissue the permit within | ||||||
5 | 90 days after receipt.
| ||||||
6 | i. When USEPA reviews the proposed determination | ||||||
7 | to terminate or revoke
and reissue and does not | ||||||
8 | object, the Board shall, within 7 days after receipt | ||||||
9 | of
USEPA's final approval, enter the interim order as | ||||||
10 | a final order. The final
order may be appealed as | ||||||
11 | provided by Title XI of this Act. The Agency shall
take | ||||||
12 | final action in accordance with the Board's final | ||||||
13 | order.
| ||||||
14 | ii. When USEPA reviews such proposed determination
| ||||||
15 | to terminate or revoke and reissue and objects, the | ||||||
16 | Agency shall submit
USEPA's objection and the Agency's | ||||||
17 | comments and recommendation on the objection
to the | ||||||
18 | Board and permittee. The Board shall review its | ||||||
19 | interim order in
response to USEPA's objection and the | ||||||
20 | Agency's comments and recommendation and
issue a final | ||||||
21 | order in accordance with Sections 32 and 33 of this | ||||||
22 | Act. The
Agency shall, within 90 days after receipt of | ||||||
23 | such objection, respond to
USEPA's objection in | ||||||
24 | accordance with the Board's final order.
| ||||||
25 | iii. When USEPA reviews such proposed | ||||||
26 | determination to modify and
objects, the Agency shall, |
| |||||||
| |||||||
1 | within 90 days after receipt of the objection,
resolve | ||||||
2 | the objection and modify the permit in accordance with | ||||||
3 | USEPA's
objection, based upon the record, the Clean | ||||||
4 | Air Act, regulations promulgated
thereunder, this Act, | ||||||
5 | and regulations promulgated thereunder.
| ||||||
6 | d. If the Agency fails to submit the proposed | ||||||
7 | determination pursuant to
paragraph a of this subsection | ||||||
8 | or fails to resolve any USEPA objection
pursuant to | ||||||
9 | paragraph c of this subsection, USEPA will terminate, | ||||||
10 | modify, or
revoke and reissue the permit.
| ||||||
11 | e. The Agency shall have the authority to adopt | ||||||
12 | procedural rules, in
accordance with the Illinois | ||||||
13 | Administrative Procedure Act, as the Agency deems
| ||||||
14 | necessary, to implement this subsection.
| ||||||
15 | 17. Title IV; Acid Rain Provisions.
| ||||||
16 | a. The Agency shall act on initial CAAPP applications | ||||||
17 | for affected
sources for acid deposition in accordance | ||||||
18 | with this Section and Title V of
the Clean Air Act and | ||||||
19 | regulations promulgated thereunder, except as
modified by | ||||||
20 | Title IV of the Clean Air Act and regulations promulgated
| ||||||
21 | thereunder. The Agency shall issue initial CAAPP permits | ||||||
22 | to the affected
sources for acid deposition which shall | ||||||
23 | become effective no earlier than
January 1, 1995, and | ||||||
24 | which shall terminate on December 31, 1999, in
accordance | ||||||
25 | with this Section. Subsequent CAAPP permits issued to |
| |||||||
| |||||||
1 | affected
sources for acid deposition shall be issued for a | ||||||
2 | fixed term of 5 years.
Title IV of the Clean Air Act and | ||||||
3 | regulations promulgated thereunder,
including but not | ||||||
4 | limited to 40 C.F.R. Part 72, as now or hereafter amended,
| ||||||
5 | are
applicable to and enforceable under this Act.
| ||||||
6 | b. A designated representative of an affected source | ||||||
7 | for acid deposition
shall submit a timely and complete | ||||||
8 | Phase II acid rain permit application and
compliance plan | ||||||
9 | to the Agency, not later than January 1, 1996, that meets | ||||||
10 | the
requirements of Titles IV and V of the Clean Air Act | ||||||
11 | and regulations. The
Agency shall act on the Phase II acid | ||||||
12 | rain permit application and compliance
plan in accordance | ||||||
13 | with this Section and Title V of the Clean Air Act and
| ||||||
14 | regulations promulgated thereunder, except as modified by | ||||||
15 | Title IV of the Clean
Air Act and regulations promulgated | ||||||
16 | thereunder. The Agency shall issue the
Phase II acid rain | ||||||
17 | permit to an affected source for acid deposition no later
| ||||||
18 | than December 31, 1997, which shall become effective on | ||||||
19 | January 1, 2000, in
accordance with this Section, except | ||||||
20 | as modified by Title IV and regulations
promulgated | ||||||
21 | thereunder; provided that the designated representative of | ||||||
22 | the
source submitted a timely and complete Phase II permit | ||||||
23 | application and
compliance plan to the Agency that meets | ||||||
24 | the requirements of Title IV and V of
the Clean Air Act and | ||||||
25 | regulations.
| ||||||
26 | c. Each Phase II acid rain permit issued in accordance |
| |||||||
| |||||||
1 | with this
subsection shall have a fixed term of 5 years. | ||||||
2 | Except as provided in paragraph
b above, the Agency shall | ||||||
3 | issue or deny a Phase II acid rain permit within 18
months | ||||||
4 | of receiving a complete Phase II permit application and | ||||||
5 | compliance plan.
| ||||||
6 | d. A designated representative of a new unit, as | ||||||
7 | defined in Section 402 of
the Clean Air Act, shall submit a | ||||||
8 | timely and complete Phase II acid rain permit
application | ||||||
9 | and compliance plan that meets the requirements of Titles | ||||||
10 | IV and V
of the Clean Air Act and its regulations. The | ||||||
11 | Agency shall act on the new
unit's Phase II acid rain | ||||||
12 | permit application and compliance plan in accordance
with | ||||||
13 | this Section and Title V of the Clean Air Act and its | ||||||
14 | regulations, except
as modified by Title IV of the Clean | ||||||
15 | Air Act and its regulations. The Agency
shall reopen the | ||||||
16 | new unit's CAAPP permit for cause to incorporate the | ||||||
17 | approved
Phase II acid rain permit in accordance with this | ||||||
18 | Section. The Phase II acid
rain permit for the new unit | ||||||
19 | shall become effective no later than the date
required | ||||||
20 | under Title IV of the Clean Air Act and its regulations.
| ||||||
21 | e. A designated representative of an affected source | ||||||
22 | for acid deposition
shall submit a timely and complete | ||||||
23 | Title IV NOx permit application to the
Agency, not later | ||||||
24 | than January 1, 1998, that meets the requirements of | ||||||
25 | Titles
IV and V of the Clean Air Act and its regulations. | ||||||
26 | The Agency shall reopen the
Phase II acid rain permit for |
| |||||||
| |||||||
1 | cause and incorporate the approved NOx provisions
into the | ||||||
2 | Phase II acid rain permit not later than January 1, 1999, | ||||||
3 | in
accordance with this Section, except as modified by | ||||||
4 | Title IV of the Clean Air
Act and regulations promulgated | ||||||
5 | thereunder. Such reopening shall not affect the
term of | ||||||
6 | the Phase II acid rain permit.
| ||||||
7 | f. The designated representative of the affected | ||||||
8 | source for acid
deposition shall renew the initial CAAPP | ||||||
9 | permit and Phase II acid rain permit
in accordance with | ||||||
10 | this Section and Title V of the Clean Air Act and
| ||||||
11 | regulations promulgated thereunder, except as modified by | ||||||
12 | Title IV of the Clean
Air Act and regulations promulgated | ||||||
13 | thereunder.
| ||||||
14 | g. In the case of an affected source for acid | ||||||
15 | deposition for which a
complete Phase II acid rain permit | ||||||
16 | application and compliance plan are timely
received under | ||||||
17 | this subsection, the complete permit application and | ||||||
18 | compliance
plan, including amendments thereto, shall be | ||||||
19 | binding on the owner, operator and
designated | ||||||
20 | representative, all affected units for acid deposition at | ||||||
21 | the
affected source, and any other unit, as defined in | ||||||
22 | Section 402 of the Clean Air
Act, governed by the Phase II | ||||||
23 | acid rain permit application and shall be
enforceable as | ||||||
24 | an acid rain permit for purposes of Titles IV and V of the | ||||||
25 | Clean
Air Act, from the date of submission of the acid rain | ||||||
26 | permit application until
a Phase II acid rain permit is |
| |||||||
| |||||||
1 | issued or denied by the Agency.
| ||||||
2 | h. The Agency shall not include or implement any | ||||||
3 | measure which would
interfere with or modify the | ||||||
4 | requirements of Title IV of the Clean Air Act
or | ||||||
5 | regulations promulgated thereunder.
| ||||||
6 | i. Nothing in this Section shall be construed as | ||||||
7 | affecting allowances or
USEPA's decision regarding an | ||||||
8 | excess emissions offset plan, as set forth in
Title IV of | ||||||
9 | the Clean Air Act or regulations promulgated thereunder.
| ||||||
10 | i. No permit revision shall be required for | ||||||
11 | increases in emissions that
are authorized by | ||||||
12 | allowances acquired pursuant to the acid rain program,
| ||||||
13 | provided that such increases do not require a permit | ||||||
14 | revision under any other
applicable requirement.
| ||||||
15 | ii. No limit shall be placed on the number of | ||||||
16 | allowances held by the
source. The source may not, | ||||||
17 | however, use allowances as a defense to
noncompliance | ||||||
18 | with any other applicable requirement.
| ||||||
19 | iii. Any such allowance shall be accounted for | ||||||
20 | according to the
procedures established in regulations | ||||||
21 | promulgated under Title IV of the Clean
Air Act.
| ||||||
22 | j. To the extent that the federal regulations | ||||||
23 | promulgated under Title
IV,
including but not limited to | ||||||
24 | 40 C.F.R. Part 72, as now or hereafter amended,
are | ||||||
25 | inconsistent with the federal regulations promulgated | ||||||
26 | under Title V, the
federal regulations promulgated under |
| |||||||
| |||||||
1 | Title IV shall take precedence.
| ||||||
2 | k. The USEPA may intervene as a matter of right in any | ||||||
3 | permit appeal
involving a Phase II acid rain permit | ||||||
4 | provision or denial of a Phase II acid
rain permit.
| ||||||
5 | l. It is unlawful for any owner or operator
to violate | ||||||
6 | any terms or conditions of a Phase II acid rain permit
| ||||||
7 | issued under this subsection, to operate any affected | ||||||
8 | source for acid
deposition except in compliance with a | ||||||
9 | Phase II acid rain permit issued by the
Agency under this | ||||||
10 | subsection, or to violate any other applicable | ||||||
11 | requirements.
| ||||||
12 | m. The designated representative of an affected source | ||||||
13 | for acid
deposition shall submit to the Agency the data | ||||||
14 | and information submitted
quarterly to USEPA, pursuant to | ||||||
15 | 40 CFR 75.64, concurrently with the submission
to USEPA. | ||||||
16 | The submission shall be in the same electronic format as | ||||||
17 | specified by
USEPA.
| ||||||
18 | n. The Agency shall act on any petition for exemption | ||||||
19 | of a new unit or
retired unit, as those terms are defined | ||||||
20 | in Section 402 of the Clean Air Act,
from the requirements | ||||||
21 | of the acid rain program in accordance with Title IV of
the | ||||||
22 | Clean Air Act and its regulations.
| ||||||
23 | o. The Agency shall have the authority to adopt | ||||||
24 | procedural rules, in
accordance with the Illinois | ||||||
25 | Administrative Procedure Act, as the Agency
deems | ||||||
26 | necessary to implement this subsection.
|
| |||||||
| |||||||
1 | 18. Fee Provisions.
| ||||||
2 | a. A source subject to this Section or excluded under | ||||||
3 | subsection 1.1 or paragraph (c) of subsection 3
of this | ||||||
4 | Section, shall pay a fee as provided in this paragraph (a) | ||||||
5 | of
subsection 18. However, a source that has been excluded | ||||||
6 | from the provisions
of this Section under subsection 1.1 | ||||||
7 | or under paragraph (c) of subsection 3 of this Section
| ||||||
8 | because the source emits less than 25 tons per year of any | ||||||
9 | combination of
regulated air pollutants, except greenhouse | ||||||
10 | gases, shall pay fees in accordance with paragraph (1) of
| ||||||
11 | subsection (b) of Section 9.6.
| ||||||
12 | i. The fee for a source allowed to emit less than | ||||||
13 | 100 tons per year
of any combination of regulated air | ||||||
14 | pollutants, except greenhouse gases, shall be $1,800
| ||||||
15 | per year, and that fee shall increase, beginning | ||||||
16 | January 1, 2012, to $2,150 per year.
| ||||||
17 | ii. The fee for a source allowed to emit 100 tons | ||||||
18 | or more per year of
any combination of regulated air | ||||||
19 | pollutants, except greenhouse gases and those | ||||||
20 | regulated air
pollutants excluded in paragraph (f) of | ||||||
21 | this subsection 18, shall be as follows:
| ||||||
22 | A. The Agency shall assess a fee of $18 per
| ||||||
23 | ton, per year for
the allowable emissions of | ||||||
24 | regulated air pollutants subject to this | ||||||
25 | subparagraph (ii) of paragraph (a) of subsection |
| |||||||
| |||||||
1 | 18, and that fee shall increase, beginning January | ||||||
2 | 1, 2012, to $21.50 per ton, per year. These fees | ||||||
3 | shall be used by the Agency and
the Board to
fund | ||||||
4 | the activities required by Title V of the Clean | ||||||
5 | Air Act including such
activities as may be | ||||||
6 | carried out by other State or local agencies | ||||||
7 | pursuant to
paragraph
(d) of this subsection. The | ||||||
8 | amount of such fee shall be based on
the
| ||||||
9 | information supplied by the applicant in its | ||||||
10 | complete CAAPP permit
application or in the CAAPP | ||||||
11 | permit if the permit has been granted and shall be
| ||||||
12 | determined by the amount of emissions that the | ||||||
13 | source is allowed to emit
annually, provided | ||||||
14 | however, that the maximum fee for a CAAPP permit | ||||||
15 | under this subparagraph (ii) of paragraph (a) of | ||||||
16 | subsection 18 is $250,000, and increases, | ||||||
17 | beginning January 1, 2012, to $294,000. Beginning | ||||||
18 | January 1, 2012, the maximum fee under this | ||||||
19 | subparagraph (ii) of paragraph (a) of subsection | ||||||
20 | 18 for a source that has been excluded under | ||||||
21 | subsection 1.1 of this Section or under paragraph | ||||||
22 | (c) of subsection 3 of this Section is $4,112. The | ||||||
23 | Agency shall provide as part
of the permit
| ||||||
24 | application form required under subsection 5 of | ||||||
25 | this Section a separate fee
calculation form which | ||||||
26 | will allow the applicant to identify the allowable
|
| |||||||
| |||||||
1 | emissions and calculate the fee. In no event
shall | ||||||
2 | the Agency raise the amount of allowable emissions | ||||||
3 | requested by the
applicant unless such increases | ||||||
4 | are required to demonstrate compliance with
terms | ||||||
5 | of a CAAPP permit.
| ||||||
6 | Notwithstanding the above, any applicant may | ||||||
7 | seek a change in its
permit which would result in | ||||||
8 | increases in allowable emissions due to an
| ||||||
9 | increase in the hours of operation or production | ||||||
10 | rates of an emission unit
or units and such a | ||||||
11 | change shall be consistent with the
construction | ||||||
12 | permit requirements of the existing State permit | ||||||
13 | program, under subsection (a) of
Section 39 of | ||||||
14 | this Act and applicable provisions of this | ||||||
15 | Section. Where a
construction permit is required, | ||||||
16 | the Agency shall expeditiously grant such
| ||||||
17 | construction permit and shall, if necessary, | ||||||
18 | modify the CAAPP permit based on
the same | ||||||
19 | application.
| ||||||
20 | B. The applicant or
permittee may pay the fee | ||||||
21 | annually or semiannually for those fees
greater | ||||||
22 | than $5,000.
However, any applicant paying a fee | ||||||
23 | equal to or greater than $100,000 shall
pay the | ||||||
24 | full amount on July 1, for the subsequent fiscal | ||||||
25 | year, or pay 50% of
the fee on July 1 and the | ||||||
26 | remaining 50% by the next January 1. The Agency |
| |||||||
| |||||||
1 | may
change any annual billing date upon reasonable | ||||||
2 | notice, but shall prorate the
new bill so that the | ||||||
3 | permittee or applicant does not pay more than its | ||||||
4 | required
fees for the fee period for which payment | ||||||
5 | is made.
| ||||||
6 | b. (Blank).
| ||||||
7 | c. (Blank).
| ||||||
8 | d. There is hereby created in the State Treasury a | ||||||
9 | special fund to be
known as the Clean Air Act Permit Fund | ||||||
10 | (formerly known as the CAA Permit Fund). All Funds | ||||||
11 | collected by the Agency pursuant
to this subsection shall | ||||||
12 | be deposited into the Fund. The General Assembly
shall | ||||||
13 | appropriate monies from this Fund to the Agency and to the | ||||||
14 | Board to
carry out their obligations under this Section. | ||||||
15 | The General Assembly may
also authorize monies to be | ||||||
16 | granted by the Agency from this Fund to other
State and | ||||||
17 | local agencies which perform duties related to the CAAPP.
| ||||||
18 | Interest generated on the monies deposited in this Fund | ||||||
19 | shall be returned to
the Fund.
| ||||||
20 | e. The Agency shall have the authority to adopt | ||||||
21 | procedural rules, in
accordance with the Illinois | ||||||
22 | Administrative Procedure Act, as the Agency
deems | ||||||
23 | necessary to implement this subsection.
| ||||||
24 | f. For purposes of this subsection, the term | ||||||
25 | "regulated air pollutant"
shall have the meaning given to | ||||||
26 | it under subsection 1 of this Section but
shall exclude |
| |||||||
| |||||||
1 | the following:
| ||||||
2 | i. carbon monoxide;
| ||||||
3 | ii. any Class I or II substance which is a | ||||||
4 | regulated air pollutant
solely because it is listed | ||||||
5 | pursuant to Section 602 of the Clean Air Act;
and
| ||||||
6 | iii. any pollutant that is a regulated air | ||||||
7 | pollutant solely because
it is subject to a standard | ||||||
8 | or regulation under Section 112(r) of the Clean
Air | ||||||
9 | Act based on the emissions allowed in the permit | ||||||
10 | effective in that
calendar year, at the time the | ||||||
11 | applicable bill is generated.
| ||||||
12 | 19. Air Toxics Provisions.
| ||||||
13 | a. In the event that the USEPA fails to promulgate in a | ||||||
14 | timely manner
a standard pursuant to Section 112(d) of the | ||||||
15 | Clean Air Act, the Agency
shall have the authority to | ||||||
16 | issue permits, pursuant to Section 112(j) of
the Clean Air | ||||||
17 | Act and regulations promulgated thereunder, which contain
| ||||||
18 | emission limitations which are equivalent to the emission | ||||||
19 | limitations that
would apply to a source if an emission | ||||||
20 | standard had been
promulgated in a timely manner by USEPA | ||||||
21 | pursuant to Section 112(d).
Provided, however, that the | ||||||
22 | owner or operator of a source shall have the
opportunity | ||||||
23 | to submit to the Agency a proposed emission limitation | ||||||
24 | which it
determines to be equivalent to the emission | ||||||
25 | limitations that would apply to
such source if an emission |
| |||||||
| |||||||
1 | standard had been promulgated in a timely manner
by USEPA. | ||||||
2 | If the Agency refuses to include the emission limitation
| ||||||
3 | proposed by the owner or operator in a CAAPP permit, the | ||||||
4 | owner or operator
may petition the Board to establish | ||||||
5 | whether the emission limitation
proposal submitted by the | ||||||
6 | owner or operator provides for emission
limitations which | ||||||
7 | are equivalent to the emission limitations that would
| ||||||
8 | apply to the source if the emission standard had been | ||||||
9 | promulgated by USEPA
in a timely manner. The Board shall | ||||||
10 | determine whether the emission
limitation proposed by the | ||||||
11 | owner or operator or an alternative emission
limitation | ||||||
12 | proposed by the Agency provides for the level of control
| ||||||
13 | required under Section 112 of the Clean Air Act, or shall | ||||||
14 | otherwise
establish an appropriate emission limitation, | ||||||
15 | pursuant to Section 112 of
the Clean Air Act.
| ||||||
16 | b. Any Board proceeding brought under paragraph (a) or | ||||||
17 | (e)
of this subsection shall be conducted according to the | ||||||
18 | Board's
procedures for adjudicatory hearings and the Board | ||||||
19 | shall render its
decision within 120 days of the filing of | ||||||
20 | the petition. Any such decision
shall be subject to review | ||||||
21 | pursuant to Section 41 of this Act. Where
USEPA | ||||||
22 | promulgates an applicable emission standard prior to the | ||||||
23 | issuance of
the CAAPP permit, the Agency shall include in | ||||||
24 | the permit the promulgated
standard, provided that the | ||||||
25 | source shall have the compliance period
provided under | ||||||
26 | Section 112(i) of the Clean Air Act. Where USEPA |
| |||||||
| |||||||
1 | promulgates an
applicable standard subsequent to the | ||||||
2 | issuance of the CAAPP permit, the Agency
shall revise such | ||||||
3 | permit upon the next renewal to reflect the promulgated
| ||||||
4 | standard, providing a reasonable time for the applicable | ||||||
5 | source to comply with
the standard, but no longer than 8 | ||||||
6 | years after the date on which the source is
first required | ||||||
7 | to comply with the emissions limitation established under | ||||||
8 | this
subsection.
| ||||||
9 | c. The Agency shall have the authority to implement | ||||||
10 | and enforce complete
or partial emission standards | ||||||
11 | promulgated by USEPA pursuant to Section 112(d),
and | ||||||
12 | standards promulgated by USEPA pursuant to Sections | ||||||
13 | 112(f), 112(h), 112(m),
and 112(n), and may accept | ||||||
14 | delegation of authority from USEPA to implement and
| ||||||
15 | enforce Section 112(l) and requirements for the prevention | ||||||
16 | and detection of
accidental releases pursuant to Section | ||||||
17 | 112(r) of the Clean Air Act.
| ||||||
18 | d. The Agency shall have the authority to issue | ||||||
19 | permits pursuant to
Section 112(i)(5) of the Clean Air | ||||||
20 | Act.
| ||||||
21 | e. The Agency has the authority to implement Section | ||||||
22 | 112(g) of
the Clean Air Act consistent with the Clean Air | ||||||
23 | Act and federal regulations
promulgated thereunder. If the | ||||||
24 | Agency refuses to include the emission
limitations | ||||||
25 | proposed in an application submitted by an owner or | ||||||
26 | operator for a
case-by-case maximum achievable control |
| |||||||
| |||||||
1 | technology (MACT) determination, the
owner or operator may | ||||||
2 | petition the Board to determine whether the emission
| ||||||
3 | limitation proposed by the owner or operator or an | ||||||
4 | alternative emission
limitation proposed by the Agency | ||||||
5 | provides for a level of control required by
Section 112 of | ||||||
6 | the Clean Air Act, or to otherwise establish an | ||||||
7 | appropriate
emission limitation under Section 112 of the | ||||||
8 | Clean Air Act.
| ||||||
9 | 20. Small Business.
| ||||||
10 | a. For purposes of this subsection:
| ||||||
11 | "Program" is the Small Business Stationary Source | ||||||
12 | Technical and
Environmental Compliance Assistance Program | ||||||
13 | created within this State pursuant
to Section 507 of the | ||||||
14 | Clean Air Act and guidance promulgated thereunder, to
| ||||||
15 | provide technical assistance and compliance information to | ||||||
16 | small business
stationary sources;
| ||||||
17 | "Small Business Assistance Program" is a component of | ||||||
18 | the Program
responsible for providing sufficient | ||||||
19 | communications with small businesses
through the | ||||||
20 | collection and dissemination of information to small | ||||||
21 | business
stationary sources; and
| ||||||
22 | "Small Business Stationary Source" means a stationary | ||||||
23 | source that:
| ||||||
24 | 1. is owned or operated by a person that employs | ||||||
25 | 100 or fewer
individuals;
|
| |||||||
| |||||||
1 | 2. is a small business concern as defined in the | ||||||
2 | "Small Business Act";
| ||||||
3 | 3. is not a major source as that term is defined in | ||||||
4 | subsection 2 of this
Section;
| ||||||
5 | 4. does not emit 50 tons or more per year of any | ||||||
6 | regulated air
pollutant, except greenhouse gases; and
| ||||||
7 | 5. emits less than 75 tons per year of all | ||||||
8 | regulated pollutants, except greenhouse gases.
| ||||||
9 | b. The Agency shall adopt and submit to USEPA, after | ||||||
10 | reasonable notice and
opportunity for public comment, as a | ||||||
11 | revision to the Illinois state
implementation plan, plans | ||||||
12 | for establishing the Program.
| ||||||
13 | c. The Agency shall have the authority to enter into | ||||||
14 | such contracts
and agreements as the Agency deems | ||||||
15 | necessary to carry out the purposes of
this subsection.
| ||||||
16 | d. The Agency may establish such procedures as it may | ||||||
17 | deem necessary
for the purposes of implementing and | ||||||
18 | executing its responsibilities under
this subsection.
| ||||||
19 | e. There shall be appointed a Small Business Ombudsman | ||||||
20 | (hereinafter in
this subsection referred to as | ||||||
21 | "Ombudsman") to monitor the Small Business
Assistance | ||||||
22 | Program. The Ombudsman shall be a nonpartisan designated | ||||||
23 | official,
with the ability to independently assess whether | ||||||
24 | the goals of the Program are
being met.
| ||||||
25 | f. The State Ombudsman Office shall be located in an | ||||||
26 | existing Ombudsman
office within the State or in any State |
| |||||||
| |||||||
1 | Department.
| ||||||
2 | g. There is hereby created a State Compliance Advisory | ||||||
3 | Panel (hereinafter
in this subsection referred to as | ||||||
4 | "Panel") for determining the overall
effectiveness of the | ||||||
5 | Small Business Assistance Program within this State.
| ||||||
6 | h. The selection of Panel members shall be by the | ||||||
7 | following method:
| ||||||
8 | 1. The Governor shall select two members who are | ||||||
9 | not owners or
representatives of owners of small | ||||||
10 | business stationary sources to represent the
general | ||||||
11 | public;
| ||||||
12 | 2. The Director of the Agency shall select one | ||||||
13 | member to represent the
Agency; and
| ||||||
14 | 3. The State Legislature shall select four members | ||||||
15 | who are owners or
representatives of owners of small | ||||||
16 | business stationary sources. Both the
majority and | ||||||
17 | minority leadership in both Houses of the Legislature | ||||||
18 | shall
appoint one member of the panel.
| ||||||
19 | i. Panel members should serve without compensation but | ||||||
20 | will receive full
reimbursement for expenses including | ||||||
21 | travel and per diem as authorized within
this State.
| ||||||
22 | j. The Panel shall select its own Chair by a majority | ||||||
23 | vote. The Chair may
meet and consult with the Ombudsman | ||||||
24 | and the head of the Small Business
Assistance Program in | ||||||
25 | planning the activities for the Panel.
|
| |||||||
| |||||||
1 | 21. Temporary Sources.
| ||||||
2 | a. The Agency may issue a single permit authorizing | ||||||
3 | emissions from similar
operations by the same source owner | ||||||
4 | or operator at multiple temporary
locations, except for | ||||||
5 | sources which are affected sources for acid deposition
| ||||||
6 | under Title IV of the Clean Air Act.
| ||||||
7 | b. The applicant must demonstrate that the operation | ||||||
8 | is temporary and will
involve at least one change of | ||||||
9 | location during the term of the permit.
| ||||||
10 | c. Any such permit shall meet all applicable | ||||||
11 | requirements of this Section
and applicable regulations, | ||||||
12 | and include conditions assuring compliance with all
| ||||||
13 | applicable requirements at all authorized locations and | ||||||
14 | requirements that the
owner or operator notify the Agency | ||||||
15 | at least 10 days in advance of each change
in location.
| ||||||
16 | 22. Solid Waste Incineration Units.
| ||||||
17 | a. A CAAPP permit for a solid waste incineration unit | ||||||
18 | combusting municipal
waste subject to standards | ||||||
19 | promulgated under Section 129(e) of the Clean Air
Act | ||||||
20 | shall be issued for a period of 12 years and shall be | ||||||
21 | reviewed every 5
years, unless the Agency requires more | ||||||
22 | frequent review through Agency
procedures.
| ||||||
23 | b. During the review in paragraph (a) of this | ||||||
24 | subsection, the Agency shall
fully review the previously | ||||||
25 | submitted CAAPP permit application and
corresponding |
| |||||||
| |||||||
1 | reports subsequently submitted to determine whether the | ||||||
2 | source is
in compliance with all applicable requirements.
| ||||||
3 | c. If the Agency determines that the source is not in | ||||||
4 | compliance with all
applicable requirements it shall | ||||||
5 | revise the CAAPP permit as appropriate.
| ||||||
6 | d. The Agency shall have the authority to adopt | ||||||
7 | procedural rules, in
accordance with the Illinois | ||||||
8 | Administrative Procedure Act, as the Agency deems
| ||||||
9 | necessary, to implement this subsection.
| ||||||
10 | (Source: P.A. 99-380, eff. 8-17-15; 99-933, eff. 1-27-17; | ||||||
11 | 100-103, eff. 8-11-17.)
| ||||||
12 | (415 ILCS 5/39.15 new) | ||||||
13 | Sec. 39.15. Environmental justice considerations in | ||||||
14 | permitting. | ||||||
15 | (a) The following public participation requirements for | ||||||
16 | permitting transactions in an environmental justice community | ||||||
17 | must be complied with: | ||||||
18 | (1) If an application for a permit, permit renewal, or | ||||||
19 | permit modification is subject to public notice and | ||||||
20 | comment requirements under this Act, rules adopted by the | ||||||
21 | Board, or rules adopted by the Agency and if the | ||||||
22 | application is for a facility or source in an | ||||||
23 | environmental justice community, then the Agency must | ||||||
24 | comply with existing applicable requirements. | ||||||
25 | (2) In addition to the public notice requirements |
| |||||||
| |||||||
1 | referenced in paragraph (1), the Agency shall provide the | ||||||
2 | public with notice of an application for a permit, permit | ||||||
3 | renewal, or permit modification if the facility or | ||||||
4 | proposed facility is located or is to be located in an | ||||||
5 | environmental justice community for the following types of | ||||||
6 | permitting transactions: (i) permits for pollution control | ||||||
7 | facilities subject to local siting review under Section | ||||||
8 | 39.2; and (ii) individual minor or major NPDES permits | ||||||
9 | issued under subsection (b) of Section 39. The public | ||||||
10 | notice required under this Section shall: | ||||||
11 | (A) be provided: (i) by prominent placement at a | ||||||
12 | dedicated page on the Agency's website; (ii) to local | ||||||
13 | elected officials in the area where the facility or | ||||||
14 | proposed facility is located or is to be located, | ||||||
15 | including the mayor or president, clerk, county board | ||||||
16 | chairman, county clerk, and State's Attorney; and | ||||||
17 | (iii) to members of the General Assembly from the | ||||||
18 | legislative district in which the facility or proposed | ||||||
19 | facility is located or is to be located; and | ||||||
20 | (B) include: (i) the name and address of the | ||||||
21 | permit applicant and the facility or proposed facility | ||||||
22 | and (ii) the activity or activities at the facility or | ||||||
23 | proposed facility being permitted. | ||||||
24 | (b) The Agency must comply with the following requirements | ||||||
25 | regarding linguistically isolated communities: | ||||||
26 | (1) For a community determined to be in linguistic |
| |||||||
| |||||||
1 | isolation, the Agency shall provide all public notices | ||||||
2 | required by this Section in a multilingual format | ||||||
3 | appropriate to the needs of the linguistically isolated | ||||||
4 | community. | ||||||
5 | (2) For a community determined to be in linguistic | ||||||
6 | isolation, the Agency shall provide oral and written | ||||||
7 | translation services at public hearings. | ||||||
8 | (c) For permit applications for facilities in an | ||||||
9 | environmental justice community, the Director of the Agency | ||||||
10 | may grant extensions of any permitting deadlines established | ||||||
11 | in this Act by up to 180 days to allow for additional review of | ||||||
12 | the permit application by the Agency or additional public | ||||||
13 | participation. Any exercise of this authority shall be | ||||||
14 | provided in writing to the permit applicant with the specific | ||||||
15 | reason and new permitting deadline.
| ||||||
16 | (415 ILCS 5/40) (from Ch. 111 1/2, par. 1040)
| ||||||
17 | Sec. 40. Appeal of permit denial.
| ||||||
18 | (a)(1) If the Agency refuses to grant or grants with | ||||||
19 | conditions a permit
under Section 39 of this Act, the | ||||||
20 | applicant may, within 35 days after the
date on which the | ||||||
21 | Agency served its decision on the applicant, petition for
a | ||||||
22 | hearing before the Board to contest the decision of the | ||||||
23 | Agency. However,
the 35-day period for petitioning for a | ||||||
24 | hearing may be extended for an
additional period of time not to | ||||||
25 | exceed 90 days by written notice
provided to the Board from the |
| |||||||
| |||||||
1 | applicant and the Agency within the initial
appeal period. The | ||||||
2 | Board shall give 21 days' notice to any person in the
county | ||||||
3 | where is located the facility in issue who has requested | ||||||
4 | notice of
enforcement proceedings and to each member of the | ||||||
5 | General Assembly in whose
legislative district that | ||||||
6 | installation or property is located; and shall
publish that | ||||||
7 | 21-day notice in a newspaper of general circulation in that
| ||||||
8 | county. The Agency shall appear as respondent in such hearing. | ||||||
9 | At such
hearing the rules prescribed in Section 32 and | ||||||
10 | subsection (a) of Section 33 of
this Act shall apply, and the | ||||||
11 | burden of proof shall be on the petitioner. If,
however, the | ||||||
12 | Agency issues an NPDES permit that imposes limits which are | ||||||
13 | based
upon a criterion or denies a permit based upon | ||||||
14 | application of a criterion,
then the Agency shall have the | ||||||
15 | burden of going forward with the basis for
the derivation of | ||||||
16 | those limits or criterion which were derived under the
Board's | ||||||
17 | rules.
| ||||||
18 | (2) Except as provided in paragraph (a)(3), if there is no | ||||||
19 | final action by
the Board within 120 days after the date on | ||||||
20 | which it received the petition,
the petitioner may deem the | ||||||
21 | permit issued under this Act, provided,
however, that that | ||||||
22 | period of 120 days shall not run for any period of time,
not to | ||||||
23 | exceed 30 days, during which the Board is without sufficient | ||||||
24 | membership
to constitute the quorum required by subsection (a) | ||||||
25 | of Section 5 of this Act,
and provided further that such 120 | ||||||
26 | day period shall not be stayed for lack of
quorum beyond 30 |
| |||||||
| |||||||
1 | days regardless of whether the lack of quorum exists at the
| ||||||
2 | beginning of such 120-day period or occurs during the running | ||||||
3 | of such 120-day
period.
| ||||||
4 | (3) Paragraph (a)(2) shall not apply to any permit which | ||||||
5 | is subject
to subsection (b), (d) or (e) of Section 39. If | ||||||
6 | there is no final action by
the Board within 120 days after the | ||||||
7 | date on which it received the petition,
the petitioner shall | ||||||
8 | be entitled to an Appellate Court order pursuant to
subsection | ||||||
9 | (d) of Section 41 of this Act.
| ||||||
10 | (b) If the Agency grants a RCRA permit for a hazardous | ||||||
11 | waste disposal site,
a third party, other than the permit | ||||||
12 | applicant or Agency, may, within 35
days after the date on | ||||||
13 | which the Agency issued its decision, petition the
Board for a | ||||||
14 | hearing to contest the issuance of the permit.
Unless the | ||||||
15 | Board determines that such petition is duplicative or | ||||||
16 | frivolous, or that the petitioner is so located as to
not be | ||||||
17 | affected by the permitted facility, the Board shall hear the
| ||||||
18 | petition in accordance with the terms of subsection (a) of | ||||||
19 | this Section
and its procedural rules governing denial | ||||||
20 | appeals, such hearing to be
based exclusively on the record | ||||||
21 | before the Agency. The burden of proof
shall be on the | ||||||
22 | petitioner. The Agency and the permit applicant shall
be named | ||||||
23 | co-respondents.
| ||||||
24 | The provisions of this subsection do not apply to the | ||||||
25 | granting of permits
issued for the disposal or utilization of | ||||||
26 | sludge from publicly owned sewage
works.
|
| |||||||
| |||||||
1 | (c) Any party to an Agency proceeding conducted pursuant | ||||||
2 | to Section
39.3 of this Act may petition as of right to the | ||||||
3 | Board for review of the
Agency's decision within 35 days from | ||||||
4 | the date of issuance of the Agency's
decision, provided that | ||||||
5 | such appeal is not duplicative
or frivolous.
However, the | ||||||
6 | 35-day period for petitioning for a hearing may be extended
by | ||||||
7 | the applicant for a period of time not to exceed 90 days by | ||||||
8 | written notice
provided to the Board from the applicant and | ||||||
9 | the Agency within the initial
appeal period. If another person | ||||||
10 | with standing to appeal wishes to obtain
an extension, there | ||||||
11 | must be a written notice provided to the Board by that
person, | ||||||
12 | the Agency, and the applicant, within the initial appeal | ||||||
13 | period.
The decision of the Board shall be based exclusively | ||||||
14 | on the record compiled
in the Agency proceeding. In other | ||||||
15 | respects the Board's review shall be
conducted in accordance | ||||||
16 | with subsection (a) of this Section and the Board's
procedural | ||||||
17 | rules governing permit denial appeals.
| ||||||
18 | (d) In reviewing the denial or any condition of a NA NSR | ||||||
19 | permit issued by the
Agency pursuant to rules and regulations | ||||||
20 | adopted under subsection (c)
of Section 9.1 of this Act, the | ||||||
21 | decision of the Board
shall be based exclusively on the record | ||||||
22 | before the Agency including the
record of the hearing, if any, | ||||||
23 | unless the parties agree to supplement the record. The Board | ||||||
24 | shall, if
it finds the Agency is in error, make a final | ||||||
25 | determination as to the
substantive limitations of the permit | ||||||
26 | including a final determination of
Lowest Achievable Emission |
| |||||||
| |||||||
1 | Rate.
| ||||||
2 | (e)(1) If the Agency grants or denies a permit under | ||||||
3 | subsection (b) of
Section 39 of this Act, a third party, other | ||||||
4 | than the permit applicant or
Agency, may petition the Board | ||||||
5 | within 35 days from the date of issuance of
the Agency's | ||||||
6 | decision, for a hearing to contest the decision of the Agency.
| ||||||
7 | (2) A petitioner shall include the following within a | ||||||
8 | petition submitted
under subdivision (1) of this subsection:
| ||||||
9 | (A) a demonstration that the petitioner raised the | ||||||
10 | issues contained
within the petition during the public | ||||||
11 | notice period or during the public
hearing on the NPDES | ||||||
12 | permit application, if a public hearing was held; and
| ||||||
13 | (B) a demonstration that the petitioner is so situated | ||||||
14 | as to be
affected by the permitted facility.
| ||||||
15 | (3) If the Board determines that the petition is not | ||||||
16 | duplicative or frivolous and contains a satisfactory | ||||||
17 | demonstration under
subdivision (2) of this subsection, the | ||||||
18 | Board shall hear the petition (i) in
accordance with the terms | ||||||
19 | of subsection (a) of this Section and its procedural
rules | ||||||
20 | governing permit denial appeals and (ii) exclusively on the | ||||||
21 | basis of the
record before the Agency. The burden of proof | ||||||
22 | shall be on the petitioner.
The Agency and permit applicant | ||||||
23 | shall be named co-respondents.
| ||||||
24 | (f) Any person who files a petition to contest the | ||||||
25 | issuance of a
permit by the Agency shall pay a filing fee.
| ||||||
26 | (g) If the Agency grants or denies a permit under |
| |||||||
| |||||||
1 | subsection (y) of Section 39, a third party, other than the | ||||||
2 | permit applicant or Agency, may appeal the Agency's decision | ||||||
3 | as provided under federal law for CCR surface impoundment | ||||||
4 | permits. | ||||||
5 | (h) If the Agency grants a permit to construct, modify, or | ||||||
6 | operate a facility that emits air pollutants and is classified | ||||||
7 | as a minor source, a third party, other than the permit | ||||||
8 | applicant or Agency, may, within 35 days after the date on | ||||||
9 | which the Agency issued its decision, petition the Board for a | ||||||
10 | hearing to contest the issuance of the permit. Unless the | ||||||
11 | Board determines that the petition is duplicative or frivolous | ||||||
12 | or that the petitioner is so located as to not be affected by | ||||||
13 | the permitted facility, the Board shall hear the petition in | ||||||
14 | accordance with the terms of subsection (a) of this Section | ||||||
15 | and its procedural rules governing denial appeals. The hearing | ||||||
16 | shall be based exclusively on the record before the Agency. | ||||||
17 | The burden of proof shall be on the petitioner. The Agency and | ||||||
18 | the permit applicant shall be named corespondents. | ||||||
19 | (Source: P.A. 101-171, eff. 7-30-19; 102-558, eff. 8-20-21.)
| ||||||
20 | (415 ILCS 5/40.4 new) | ||||||
21 | Sec. 40.4. Environmental justice grievance. | ||||||
22 | (a) An environmental justice grievance process applies, | ||||||
23 | subject to the provisions of this Section, to complaints | ||||||
24 | alleging violations of Section 601 of the federal Civil Rights | ||||||
25 | Act of 1964. |
| |||||||
| |||||||
1 | (b) An environmental justice grievance must allege | ||||||
2 | discrimination on the basis of an individual's actual or | ||||||
3 | perceived race, color, religion, national origin, citizenship, | ||||||
4 | ancestry, age, sex, marital status, order of protection | ||||||
5 | status, conviction record, arrest record, disability, military | ||||||
6 | status, sexual orientation, gender identity, gender | ||||||
7 | expression, pregnancy, or unfavorable discharge from military | ||||||
8 | service. | ||||||
9 | (c) To initiate an environmental justice grievance process | ||||||
10 | a person must file a complaint with the Agency within 60 days | ||||||
11 | after an alleged violation. The Agency, in its discretion, may | ||||||
12 | waive the 60-day deadline for good cause. The complaint must: | ||||||
13 | (1) be in writing; | ||||||
14 | (2) describe with specificity the discrimination | ||||||
15 | alleged; and | ||||||
16 | (3) identify the parties impacted by the alleged | ||||||
17 | discrimination. | ||||||
18 | (d) The complaint under subsection (c) must be addressed | ||||||
19 | as follows: | ||||||
20 | Illinois Environmental Protection Agency | ||||||
21 | Environmental Justice Officer | ||||||
22 | 1021 North Grand Avenue East | ||||||
23 | P.O. Box 19276 | ||||||
24 | Springfield, IL 62794 | ||||||
25 | (e) Within 10 days after receiving the complaint filed | ||||||
26 | under subsection (c), the Agency shall provide written notice |
| |||||||
| |||||||
1 | of receipt and acceptance of the complainant. If the Agency | ||||||
2 | determines that it has jurisdiction to review the complaint, | ||||||
3 | the complaint will be considered meritorious, unless: | ||||||
4 | (1) the complaint clearly appears on its face to be | ||||||
5 | frivolous or trivial; | ||||||
6 | (2) the complaint is not timely and good cause does | ||||||
7 | not exist to waive timeliness; | ||||||
8 | (3) the Agency, within the time allotted to | ||||||
9 | investigate the complaint, voluntarily concedes | ||||||
10 | noncompliance and agrees to take appropriate remedial | ||||||
11 | action or agrees to an informal resolution of the | ||||||
12 | complaint; or | ||||||
13 | (4) the complainant, within the time allotted for the | ||||||
14 | complaint to be investigated, withdraws the complaint. | ||||||
15 | (f) Within 120 days after the date it provides written | ||||||
16 | notice of receipt and acceptance of the complaint under | ||||||
17 | subsection (e), the Agency shall make a determination of | ||||||
18 | jurisdiction and the merits of the complaint, conduct an | ||||||
19 | investigation, and provide a proposed resolution, if | ||||||
20 | appropriate, to the extent practicable and allowable under | ||||||
21 | existing laws, rules, and regulations.
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