103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1323
 
Introduced 2/6/2023, by Sen. Celina Villanueva
 
SYNOPSIS AS INTRODUCED:



          
415 ILCS 5/3.187 new
415 ILCS 5/3.281 new
415 ILCS 5/9.12
415 ILCS 5/22.63 new
415 ILCS 5/34.5 new
415 ILCS 5/39 from Ch. 111 1/2, par. 1039
415 ILCS 5/39.2 from Ch. 111 1/2, par. 1039.2
415 ILCS 5/39.5 from Ch. 111 1/2, par. 1039.5
415 ILCS 5/39.15 new
415 ILCS 5/40 from Ch. 111 1/2, par. 1040
415 ILCS 5/40.4 new

 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.



LRB103 27060 CPF 53428 b


 
 
A BILL FOR
 


SB1323LRB103 27060 CPF 53428 b



1 AN ACT concerning health.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Environmental Protection Act is amended by 
5changing Sections 9.12, 39, 39.2, 39.5, and 40 and by adding 
6Sections 3.187, 3.281, 22.63, 34.5, 39.15, and 40.4 as 
7follows:

8 (415 ILCS 5/3.187 new)
9 Sec. 3.187. Environmental justice community. 
10"Environmental justice community" has the same meaning, based 
11on existing methodologies and findings, as used in the 
12Illinois Solar for All Program, as updated from time to time by 
13the Illinois Power Agency and the Program Administrator of 
14that Program.

15 (415 ILCS 5/3.281 new)
16 Sec. 3.281. Linguistic isolation. "Linguistic isolation" 
17means a situation in which members of a household who are 14 
18years of age and older speak a non-English language and speak 
19English less than very well. A community surrounding a 
20facility is in linguistic isolation if 20% of the households 
21in the community's surrounding one-mile radius meet the United 
22States Census Bureau's definition for linguistic isolation 
 
 
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1based on the Bureau's latest one-year or 5-year American 
2Community Survey.



3 (415 ILCS 5/9.12)



4 Sec. 9.12. Construction permit fees for air pollution 
5sources. 

6 (a) An applicant for a new or revised air pollution 
7construction permit
shall pay a fee, as established in this 
8Section, to the Agency at the time that
he or she submits the 
9application for a construction permit. Except as set
forth 
10below, the fee for each activity or category listed in this 
11Section is
separate and is cumulative with any other 
12applicable fee listed in this
Section.

13 (b) The fee amounts in this subsection (b) apply to 
14construction permit
applications relating to (i) a source 
15subject to Section 39.5 of this Act
(the Clean Air Act Permit 
16Program); (ii) a source that, upon issuance of the
requested 
17construction permit, will become a major source subject to 
18Section
39.5; or (iii) a source that has or will require a 
19federally enforceable
State operating permit limiting its 
20potential to emit.

21  (1) Base fees for each construction permit application 
22 shall be assessed
as follows:

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.

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:

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.

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.

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.

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.

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.

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).

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.

12 (c) The fee amounts in this subsection (c) apply to 
13construction permit
applications relating to a source that, 
14upon issuance of the construction
permit, will not (i) be or 
15become subject to Section 39.5 of this Act (the
Clean Air Act 
16Permit Program) or (ii) have or require a federally 
17enforceable
state operating permit limiting its potential to 
18emit.

19  (1) Base fees for each construction permit application 
20 shall be assessed
as follows:

21   (A) For a construction permit application 
22 involving a single new
emission unit, a fee of $500.

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.

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:

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. 

25 (d) If no other fee is applicable under this Section, a 
26construction permit
application addressing one or more of the 
 
 
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1following 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.

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 
18issued permit
that involves only an Agency error, if the 
19request is received within the
deadline for a permit appeal to 
20the Pollution Control Board.

21 (f) The applicant for a new or revised air pollution 
22construction permit
shall submit to the Agency, with the 
23construction permit application, both a
certification of the 
24fee that he or she estimates to be due under this
Section and 
25the fee itself.

26 (g) Notwithstanding the requirements of subsection (a) of 
 
 
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1Section 39 of this Act, the
application for an air pollution 
2construction permit shall not be deemed to
be filed with the 
3Agency until the Agency receives the initial air pollution

4construction permit application fee and the certified estimate 
5of the fee
required by this Section. Unless the Agency has 
6received the initial air
pollution construction permit 
7application fee and the certified estimate of the
fee required 
8by this Section, the Agency is not required to review or 
9process
the application.

10 (h) If the Agency determines at any time that a 
11construction permit
application is subject to an additional 
12fee under this Section that the
applicant has not submitted, 
13the Agency shall notify the applicant in writing
of the amount 
14due under this Section. The applicant shall have 60 days to

15remit the assessed fee to the Agency.

16 If the proper fee established under this Section is not 
17submitted within 60
days after the request for further 
18remittance:

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.

2 The denial or revocation of a construction permit does not 
3excuse the
applicant from the duty of paying the fees required 
4under this Section.

5 (i) The Agency may deny the issuance of a pending air 
6pollution
construction permit or the subsequent operating 
7permit if the applicant
has not paid the required fees by the 
8date required for issuance of the
permit. The denial or 
9revocation of a permit for failure to pay a
construction 
10permit fee is subject to review by the Board pursuant to the

11provisions of subsection (a) of Section 40 of this Act.

12 (j) If the owner or operator undertakes construction 
13without obtaining
an air pollution construction permit, the 
14fee under this Section is still
required. Payment of the 
15required fee does not preclude the Agency or
the Attorney 
16General or other authorized persons from pursuing enforcement

17against the applicant for failure to have an air pollution 
18construction permit
prior to commencing construction.

19 (k) If an air pollution construction permittee makes a fee 
20payment under
this Section from an account with insufficient 
21funds to cover the amount of
the fee payment, the Agency shall 
22notify the permittee of the failure to pay
the fee. If the 
23permittee fails to pay the fee within 60 days after such

24notification, the Agency may, by written notice, immediately 
25revoke the air
pollution construction permit. Failure of the 
26Agency to notify the permittee
of the permittee's failure to 
 
 
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1make payment does not excuse or alter the duty
of the permittee 
2to comply with the provisions of this Section.

3 (l) The Agency may establish procedures for the collection 
4of air
pollution construction permit fees.

5 (m) Fees collected pursuant to this Section shall be 
6deposited into the
Environmental Protection Permit and 
7Inspection Fund.

8(Source: P.A. 99-463, eff. 1-1-16.)


9 (415 ILCS 5/22.63 new)
10 Sec. 22.63. Environmental justice community designation. 
11The Agency shall establish a process by which communities not 
12designated as environmental justice communities may petition 
13for 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 
17a bank of potential environmentally beneficial projects. The 
18website must permit members of the public to submit 
19suggestions for environmentally beneficial projects. The 
20Agency shall assess the submissions for feasibility and 
21clarity before inclusion in the bank.
22 (b) A respondent or defendant may propose to undertake an 
23environmentally beneficial project that is not contained in 
24the environmentally beneficial project bank established under 
 
 
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1subsection (a). 
2 (c) If funds for an environmentally beneficial project are 
3derived from penalties resulting from an administrative, 
4civil, or criminal enforcement action arising from an alleged 
5violation by a facility, site, or activity in an environmental 
6justice community, the Agency must require that the funds be 
7used for an environmentally beneficial project in the 
8environmental justice community where the alleged violation 
9occurred.



10 (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)

11 Sec. 39. Issuance of permits; procedures. 

12 (a) When the Board has by regulation required a permit for

13the construction, installation, or operation of any type of 
14facility,
equipment, vehicle, vessel, or aircraft, the 
15applicant shall apply to
the Agency for such permit and it 
16shall be the duty of the Agency to
issue such a permit upon 
17proof by the applicant that the facility,
equipment, vehicle, 
18vessel, or aircraft will not cause a violation of
this Act or 
19of regulations hereunder. The Agency shall adopt such

20procedures as are necessary to carry out its duties under this 
21Section.
In making its determinations on permit applications 
22under this Section the Agency shall may consider prior 
23adjudications of
noncompliance with this Act by the applicant 
24that involved a release of a
contaminant into the environment. 
25In granting permits, the Agency shall
may impose reasonable 
 
 
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1conditions specifically related to the applicant's past

2compliance history with this Act as necessary to correct, 
3detect, or
prevent noncompliance. The Agency shall may impose 
4such other conditions
as may be necessary to accomplish the 
5purposes of this Act, and as are not
inconsistent with the 
6regulations promulgated by the Board hereunder. Except as

7otherwise provided in this Act, a bond or other security shall 
8not be required
as a condition for the issuance of a permit. If 
9the Agency denies any permit
under this Section, the Agency 
10shall transmit to the applicant within the time
limitations of 
11this Section specific, detailed statements as to the reasons 
12the
permit application was denied. Such statements shall 
13include, 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 
26after the
filing of the application for permit, the applicant 
 
 
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1may deem the permit
issued; except that this time period shall 
2be extended to 180 days when
(1) notice and opportunity for 
3public hearing are required by State or
federal law or 
4regulation, (2) the application which was filed is for
any 
5permit to develop a landfill subject to issuance pursuant to 
6this
subsection, or (3) the application that was filed is for a 
7MSWLF unit
required to issue public notice under subsection 
8(p) of Section 39. The
90-day and 180-day time periods for the 
9Agency to take final action do not
apply to NPDES permit 
10applications under subsection (b) of this Section,
to RCRA 
11permit applications under subsection (d) of this Section,
to 
12UIC permit applications under subsection (e) of this Section, 
13or to CCR surface impoundment applications under subsection 
14(y) of this Section.

15 The Agency shall publish notice of all final permit 
16determinations for
development permits for MSWLF units and for 
17significant permit modifications
for lateral expansions for 
18existing MSWLF units one time in a newspaper of
general 
19circulation in the county in which the unit is or is proposed 
20to be
located.

21 After January 1, 1994 and until July 1, 1998, operating 
22permits issued under
this Section by the
Agency for sources of 
23air pollution permitted to emit less than 25 tons
per year of 
24any combination of regulated air pollutants, as defined in

25Section 39.5 of this Act, shall be required to be renewed only 
26upon written
request by the Agency consistent with applicable 
 
 
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1provisions of this Act and
regulations promulgated hereunder. 
2Such operating permits shall expire
180 days after the date of 
3such a request. The Board shall revise its
regulations for the 
4existing State air pollution operating permit program

5consistent with this provision by January 1, 1994.

6 After June 30, 1998, operating permits issued under this 
7Section by the
Agency for sources of air pollution that are not 
8subject to Section 39.5 of
this Act and are not required to 
9have a federally enforceable State operating
permit shall be 
10required to be renewed only upon written request by the Agency

11consistent with applicable provisions of this Act and its 
12rules. Such
operating permits shall expire 180 days after the 
13date of such a request.
Before July 1, 1998, the Board shall 
14revise its rules for the existing State
air pollution 
15operating permit program consistent with this paragraph and 
16shall
adopt rules that require a source to demonstrate that it 
17qualifies for a permit
under this paragraph.

18 (b) The Agency may issue NPDES permits exclusively under 
19this
subsection for the discharge of contaminants from point 
20sources into
navigable waters, all as defined in the Federal 
21Water Pollution Control
Act, as now or hereafter amended, 
22within the jurisdiction of the
State, or into any well.

23 All NPDES permits shall contain those terms and 
24conditions, including,
but not limited to, schedules of 
25compliance, which may be required to
accomplish the purposes 
26and provisions of this Act.

 
 
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1 The Agency may issue general NPDES permits for discharges 
2from categories
of point sources which are subject to the same 
3permit limitations and
conditions. Such general permits may be 
4issued without individual
applications and shall conform to 
5regulations promulgated under Section 402
of the Federal Water 
6Pollution Control Act, as now or hereafter amended.

7 The Agency may include, among such conditions, effluent 
8limitations
and other requirements established under this Act, 
9Board regulations,
the Federal Water Pollution Control Act, as 
10now or hereafter amended, and
regulations pursuant thereto, 
11and schedules for achieving compliance
therewith at the 
12earliest reasonable date.

13 The Agency shall adopt filing requirements and procedures 
14which are
necessary and appropriate for the issuance of NPDES 
15permits, and which
are consistent with the Act or regulations 
16adopted by the Board, and
with the Federal Water Pollution 
17Control Act, as now or hereafter
amended, and regulations 
18pursuant thereto.

19 The Agency, subject to any conditions which may be 
20prescribed by
Board regulations, may issue NPDES permits to 
21allow discharges beyond
deadlines established by this Act or 
22by regulations of the Board without
the requirement of a 
23variance, subject to the Federal Water Pollution
Control Act, 
24as now or hereafter amended, and regulations pursuant thereto.

25 (c) Except for those facilities owned or operated by 
26sanitary districts
organized under the Metropolitan Water 
 
 
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1Reclamation District Act, no
permit for the development or 
2construction of a new pollution control
facility may be 
3granted by the Agency unless the applicant submits proof to 
4the
Agency that the location of the facility has been approved 
5by the county board
of the county if in an unincorporated area, 
6or the governing body of the
municipality when in an 
7incorporated area, in which the facility is to be
located in 
8accordance with Section 39.2 of this Act. For purposes of this 
9subsection (c), and for purposes of Section 39.2 of this Act, 
10the appropriate county board or governing body of the 
11municipality shall be the county board of the county or the 
12governing body of the municipality in which the facility is to 
13be located as of the date when the application for siting 
14approval is filed.


15 In the event that siting approval granted pursuant to 
16Section 39.2 has
been transferred to a subsequent owner or 
17operator, that subsequent owner or
operator may apply to the 
18Agency for, and the Agency may grant, a development
or 
19construction permit for the facility for which local siting 
20approval was
granted. Upon application to the Agency for a 
21development or
construction permit by that subsequent owner or 
22operator,
the permit applicant shall cause written notice of 
23the permit application
to be served upon the appropriate 
24county board or governing body of the
municipality that 
25granted siting approval for that facility and upon any party

26to the siting proceeding pursuant to which siting approval was 
 
 
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1granted. In
that event, the Agency shall conduct an evaluation 
2of the subsequent owner or
operator's prior experience in 
3waste management operations in the manner
conducted under 
4subsection (i) of Section 39 of this Act.

5 Beginning August 20, 1993, if the pollution control 
6facility consists of a
hazardous or solid waste disposal 
7facility for which the proposed site is
located in an 
8unincorporated area of a county with a population of less than

9100,000 and includes all or a portion of a parcel of land that 
10was, on April 1,
1993, adjacent to a municipality having a 
11population of less than 5,000, then
the local siting review 
12required under this subsection (c) in conjunction with
any 
13permit applied for after that date shall be performed by the 
14governing body
of that adjacent municipality rather than the 
15county board of the county in
which the proposed site is 
16located; and for the purposes of that local siting
review, any 
17references in this Act to the county board shall be deemed to 
18mean
the governing body of that adjacent municipality; 
19provided, however, that the
provisions of this paragraph shall 
20not apply to any proposed site which was, on
April 1, 1993, 
21owned in whole or in part by another municipality.

22 In the case of a pollution control facility for which a

23development permit was issued before November 12, 1981, if an 
24operating
permit has not been issued by the Agency prior to 
25August 31, 1989 for
any portion of the facility, then the 
26Agency may not issue or renew any
development permit nor issue 
 
 
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1an original operating permit for any portion of
such facility 
2unless the applicant has submitted proof to the Agency that 
3the
location of the facility has been approved by the 
4appropriate county board or
municipal governing body pursuant 
5to Section 39.2 of this Act.

6 After January 1, 1994, if a solid waste
disposal facility, 
7any portion for which an operating permit has been issued by

8the Agency, has not accepted waste disposal for 5 or more 
9consecutive calendar
years, before that facility may accept 
10any new or additional waste for
disposal, the owner and 
11operator must obtain a new operating permit under this
Act for 
12that facility unless the owner and operator have applied to 
13the Agency
for a permit authorizing the temporary suspension 
14of waste acceptance. The
Agency may not issue a new operation 
15permit under this Act for the facility
unless the applicant 
16has submitted proof to the Agency that the location of the

17facility has been approved or re-approved by the appropriate 
18county board or
municipal governing body under Section 39.2 of 
19this Act after the facility
ceased accepting waste.

20 Except for those facilities owned or operated by sanitary 
21districts
organized under the Metropolitan Water Reclamation 
22District Act, and
except for new pollution control facilities 
23governed by Section 39.2,
and except for fossil fuel mining 
24facilities, the granting of a permit under
this Act shall not 
25relieve the applicant from meeting and securing all
necessary 
26zoning approvals from the unit of government having zoning

 
 
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1jurisdiction over the proposed facility.

2 Before beginning construction on any new sewage treatment 
3plant or sludge
drying site to be owned or operated by a 
4sanitary district organized under
the Metropolitan Water 
5Reclamation District Act for which a new
permit (rather than 
6the renewal or amendment of an existing permit) is
required, 
7such sanitary district shall hold a public hearing within the

8municipality within which the proposed facility is to be 
9located, or within the
nearest community if the proposed 
10facility is to be located within an
unincorporated area, at 
11which information concerning the proposed facility
shall be 
12made available to the public, and members of the public shall 
13be given
the opportunity to express their views concerning the 
14proposed facility.

15 The Agency may issue a permit for a municipal waste 
16transfer station
without requiring approval pursuant to 
17Section 39.2 provided that the following
demonstration is 
18made:

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 
 
 
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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

8the following will be granted by the Agency unless the

9applicant submits proof to the Agency that the location of the

10source has been approved by the county board of the county, if

11in an unincorporated area, or the governing body of a

12municipality, when in an incorporated area, in which the

13source is to be located in accordance with Section 39.2: (i) a

14new or modified source that, upon issuance of the requested

15construction permit, will become a major source subject to

16Section 39.5 and will be located in an environmental justice

17community; or (ii) a new source that has required or will 
18require a
federally enforceable State operating permit and 
19will be
located in an environmental justice community. For 
20purposes of
this subsection (c), and for purposes of Section 
2139.2, the
appropriate county board or governing body of the 
22municipality
shall be the county board of the county or the 
23governing body
of the municipality in which the source is to be 
24located as of
the date when the application for siting 
25approval is filed.
This provision does not apply to permits 
26for modifications or
expansions at existing FESOP or CAAPP 
 
 
SB1323- 21 -LRB103 27060 CPF 53428 b


1sources unless the
modification will result in an increase in 
2the hourly rate of emissions or the total annual emissions of 
3any air pollutant. 
4 (d) The Agency may issue RCRA permits exclusively under 
5this
subsection to persons owning or operating a facility for 
6the treatment,
storage, or disposal of hazardous waste as 
7defined under this Act. Subsection (y) of this Section, rather 
8than this subsection (d), shall apply to permits issued for 
9CCR surface impoundments. 

10 All RCRA permits shall contain those terms and conditions, 
11including, but
not limited to, schedules of compliance, which 
12may be required to accomplish
the purposes and provisions of 
13this Act. The Agency may include among such
conditions 
14standards and other requirements established under this Act,

15Board regulations, the Resource Conservation and Recovery Act 
16of 1976 (P.L.
94-580), as amended, and regulations pursuant 
17thereto, and may include
schedules for achieving compliance 
18therewith as soon as possible. The
Agency shall require that a 
19performance bond or other security be provided
as a condition 
20for the issuance of a RCRA permit.

21 In the case of a permit to operate a hazardous waste or PCB 
22incinerator
as defined in subsection (k) of Section 44, the 
23Agency shall require, as a
condition of the permit, that the 
24operator of the facility perform such
analyses of the waste to 
25be incinerated as may be necessary and appropriate
to ensure 
26the safe operation of the incinerator.

 
 
SB1323- 22 -LRB103 27060 CPF 53428 b


1 The Agency shall adopt filing requirements and procedures 
2which
are necessary and appropriate for the issuance of RCRA 
3permits, and which
are consistent with the Act or regulations 
4adopted by the Board, and with
the Resource Conservation and 
5Recovery Act of 1976 (P.L. 94-580), as
amended, and 
6regulations pursuant thereto.

7 The applicant shall make available to the public for 
8inspection all
documents submitted by the applicant to the 
9Agency in furtherance
of an application, with the exception of 
10trade secrets, at the office of
the county board or governing 
11body of the municipality. Such documents
may be copied upon 
12payment of the actual cost of reproduction during regular

13business hours of the local office. The Agency shall issue a 
14written statement
concurrent with its grant or denial of the 
15permit explaining the basis for its
decision.

16 (e) The Agency may issue UIC permits exclusively under 
17this
subsection to persons owning or operating a facility for 
18the underground
injection of contaminants as defined under 
19this Act.

20 All UIC permits shall contain those terms and conditions, 
21including, but
not limited to, schedules of compliance, which 
22may be required to accomplish
the purposes and provisions of 
23this Act. The Agency may include among such
conditions 
24standards and other requirements established under this Act,

25Board regulations, the Safe Drinking Water Act (P.L. 93-523), 
26as amended,
and regulations pursuant thereto, and may include 
 
 
SB1323- 23 -LRB103 27060 CPF 53428 b


1schedules for achieving
compliance therewith. The Agency shall 
2require that a performance bond or
other security be provided 
3as a condition for the issuance of a UIC permit.

4 The Agency shall adopt filing requirements and procedures 
5which
are necessary and appropriate for the issuance of UIC 
6permits, and which
are consistent with the Act or regulations 
7adopted 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 
10inspection all
documents submitted by the applicant to the 
11Agency in furtherance of an
application, with the exception of 
12trade secrets, at the office of the county
board or governing 
13body of the municipality. Such documents may be copied upon

14payment of the actual cost of reproduction during regular 
15business hours of the
local office. The Agency shall issue a 
16written statement concurrent with its
grant or denial of the 
17permit explaining the basis for its decision.

18 (f) In making any determination pursuant to Section 9.1 of 
19this 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 
 
 
SB1323- 24 -LRB103 27060 CPF 53428 b


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 
23permits issued for
hazardous waste disposal sites such 
24restrictions upon the future use
of such sites as are 
25reasonably necessary to protect public health and
the 
26environment, including permanent prohibition of the use of 
 
 
SB1323- 25 -LRB103 27060 CPF 53428 b


1such
sites for purposes which may create an unreasonable risk 
2of injury to human
health or to the environment. After 
3administrative and judicial challenges
to such restrictions 
4have been exhausted, the Agency shall file such
restrictions 
5of record in the Office of the Recorder of the county in which

6the hazardous waste disposal site is located.

7 (h) A hazardous waste stream may not be deposited in a 
8permitted hazardous
waste site unless specific authorization 
9is obtained from the Agency by the
generator and disposal site 
10owner and operator for the deposit of that specific
hazardous 
11waste stream. The Agency may grant specific authorization for

12disposal of hazardous waste streams only after the generator 
13has reasonably
demonstrated that, considering
technological 
14feasibility and economic reasonableness, the hazardous waste

15cannot be reasonably recycled for reuse, nor incinerated or 
16chemically,
physically, or biologically treated so as to 
17neutralize the hazardous waste
and render it nonhazardous. In 
18granting authorization under this Section,
the Agency may 
19impose such conditions as may be necessary to accomplish
the 
20purposes of the Act and are consistent with this Act and 
21regulations
promulgated by the Board hereunder. If the Agency 
22refuses to grant
authorization under this Section, the 
23applicant may appeal as if the Agency
refused to grant a 
24permit, pursuant to the provisions of subsection (a) of

25Section 40 of this Act. For purposes of this subsection (h), 
26the term
"generator" has the meaning given in Section 3.205 of 
 
 
SB1323- 26 -LRB103 27060 CPF 53428 b


1this Act,
unless: (1) the hazardous waste is treated, 
2incinerated, or partially recycled
for reuse prior to 
3disposal, in which case the last person who treats,

4incinerates, or partially recycles the hazardous waste prior 
5to disposal is the
generator; or (2) the hazardous waste is 
6from a response action, in which case
the person performing 
7the response action is the generator. This subsection
(h) does 
8not apply to any hazardous waste that is restricted from land 
9disposal
under 35 Ill. Adm. Code 728.

10 (i) Before issuing any RCRA permit, any permit for a waste 
11storage site,
sanitary landfill, waste disposal site, waste 
12transfer station, waste treatment
facility, waste incinerator, 
13or any waste-transportation operation, any permit or interim 
14authorization for a clean construction or demolition debris 
15fill operation, or any permit required under subsection (d-5) 
16of Section 55, the Agency
shall conduct an evaluation of the 
17prospective owner's or operator's prior
experience in waste 
18management operations, clean construction or demolition debris 
19fill operations, and tire storage site management. The Agency 
20may deny such a permit, or deny or revoke interim 
21authorization,
if the prospective owner or operator or any 
22employee or officer of the
prospective owner or operator has a 
23history 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 
 
 
SB1323- 27 -LRB103 27060 CPF 53428 b


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 
18authorization for a clean construction or demolition debris 
19fill operation in which any ownership interest is transferred 
20between January 1, 2005, and the effective date of the 
21prohibition set forth in Section 22.52 of this Act, the Agency 
22shall conduct an evaluation of the operation if any previous 
23activities at the site or facility may have caused or allowed 
24contamination of the site. It shall be the responsibility of 
25the owner or operator seeking the permit or interim 
26authorization to provide to the Agency all of the information 
 
 
SB1323- 28 -LRB103 27060 CPF 53428 b


1necessary for the Agency to conduct its evaluation. The Agency 
2may deny a permit or interim authorization if previous 
3activities at the site may have caused or allowed 
4contamination at the site, unless such contamination is 
5authorized under any permit issued by the Agency.

6 (j) The issuance under this Act of a permit to engage in 
7the surface mining
of any resources other than fossil fuels 
8shall not relieve
the permittee from its duty to comply with 
9any applicable local law regulating
the commencement, 
10location, or operation of surface mining facilities.

11 (k) A development permit issued under subsection (a) of 
12Section 39 for any
facility or site which is required to have a 
13permit under subsection (d) of
Section 21 shall expire at the 
14end of 2 calendar years from the date upon which
it was issued, 
15unless within that period the applicant has taken action to

16develop the facility or the site. In the event that review of 
17the
conditions of the development permit is sought pursuant to 
18Section 40 or
41, or permittee is prevented from commencing 
19development of the facility
or site by any other litigation 
20beyond the permittee's control, such
two-year period shall be 
21deemed to begin on the date upon which such review
process or 
22litigation is concluded.

23 (l) No permit shall be issued by the Agency under this Act 
24for
construction or operation of any facility or site located 
25within the
boundaries of any setback zone established pursuant 
26to this Act, where such
construction or operation is 
 
 
SB1323- 29 -LRB103 27060 CPF 53428 b


1prohibited.

2 (m) The Agency may issue permits to persons owning or 
3operating
a facility for composting landscape waste. In 
4granting such permits, the Agency
may impose such conditions 
5as may be necessary to accomplish the purposes of
this Act, and 
6as are not inconsistent with applicable regulations 
7promulgated
by the Board. Except as otherwise provided in this 
8Act, a bond or other
security shall not be required as a 
9condition for the issuance of a permit. If
the Agency denies 
10any permit pursuant to this subsection, the Agency shall

11transmit to the applicant within the time limitations of this 
12subsection
specific, detailed statements as to the reasons the 
13permit application was
denied. Such statements shall include 
14but 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 
26after the filing
of the application for permit, the applicant 
 
 
SB1323- 30 -LRB103 27060 CPF 53428 b


1may deem the permit issued.
Any applicant for a permit may 
2waive the 90-day limitation by filing a
written statement with 
3the Agency.

4 The Agency shall issue permits for such facilities upon 
5receipt of an
application that includes a legal description of 
6the site, a topographic
map of the site drawn to the scale of 
7200 feet to the inch or larger, a
description of the operation, 
8including the area served, an estimate of
the volume of 
9materials 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;

 
 
SB1323- 31 -LRB103 27060 CPF 53428 b


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 
13than 10 years
in duration for the composting of landscape 
14wastes, as defined in Section
3.155 of this Act, based on the 
15above requirements.

16 The operator of any facility permitted under this 
17subsection (m) must
submit a written annual statement to the 
18Agency on or before April 1 of
each year that includes an 
19estimate of the amount of material, in tons,
received for 
20composting.

21 (n) The Agency shall issue permits jointly with the 
22Department of
Transportation for the dredging or deposit of 
23material in Lake Michigan in
accordance with Section 18 of the 
24Rivers, Lakes, and Streams Act.

25 (o) (Blank).

26 (p) (1) Any person submitting an application for a permit 
 
 
SB1323- 32 -LRB103 27060 CPF 53428 b


1for a new MSWLF
unit or for a lateral expansion under 
2subsection (t) of Section 21 of this Act
for an existing MSWLF 
3unit that has not received and is not subject to local
siting 
4approval under Section 39.2 of this Act shall publish notice 
5of the
application in a newspaper of general circulation in 
6the county in which the
MSWLF unit is or is proposed to be 
7located. The notice must be published at
least 15 days before 
8submission of the permit application to the Agency. The
notice 
9shall state the name and address of the applicant, the 
10location of the
MSWLF unit or proposed MSWLF unit, the nature 
11and size of the MSWLF unit or
proposed MSWLF unit, the nature 
12of the activity proposed, the probable life of
the proposed 
13activity, the date the permit application will be submitted, 
14and a
statement that persons may file written comments with 
15the Agency concerning the
permit application within 30 days 
16after the filing of the permit application
unless the time 
17period to submit comments is extended by the Agency.

18 When a permit applicant submits information to the Agency 
19to supplement a
permit application being reviewed by the 
20Agency, the applicant shall not be
required to reissue the 
21notice under this subsection.

22 (2) The Agency shall accept written comments concerning 
23the permit
application that are postmarked no later than 30 
24days after the
filing of the permit application, unless the 
25time period to accept comments is
extended by the Agency.

26 (3) Each applicant for a permit described in part (1) of 
 
 
SB1323- 33 -LRB103 27060 CPF 53428 b


1this subsection
shall file a
copy of the permit application 
2with the county board or governing body of the
municipality in 
3which the MSWLF unit is or is proposed to be located at the

4same time the application is submitted to the Agency. The 
5permit application
filed with the county board or governing 
6body of the municipality shall include
all documents submitted 
7to or to be submitted to the Agency, except trade
secrets as 
8determined under Section 7.1 of this Act. The permit 
9application
and other documents on file with the county board 
10or governing body of the
municipality shall be made available 
11for public inspection during regular
business hours at the 
12office of the county board or the governing body of the

13municipality and may be copied upon payment of the actual cost 
14of
reproduction.

15 (q) Within 6 months after July 12, 2011 (the effective 
16date of Public Act 97-95), the Agency, in consultation with 
17the regulated community, shall develop a web portal to be 
18posted on its website for the purpose of enhancing review and 
19promoting timely issuance of permits required by this Act. At 
20a minimum, the Agency shall make the following information 
21available 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 
 
 
SB1323- 34 -LRB103 27060 CPF 53428 b


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
 
 
SB1323- 35 -LRB103 27060 CPF 53428 b


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 
18notify the applicant of the permit analyst assigned to the 
19application upon its receipt.
20 (s) The Agency is authorized to prepare and distribute 
21guidance documents relating to its administration of this 
22Section and procedural rules implementing this Section. 
23Guidance documents prepared under this subsection shall not be 
24considered rules and shall not be subject to the Illinois 
25Administrative Procedure Act. Such guidance shall not be 
26binding on any party.
 
 
SB1323- 36 -LRB103 27060 CPF 53428 b


1 (t) Except as otherwise prohibited by federal law or 
2regulation, any person submitting an application for a permit 
3may include with the application suggested permit language for 
4Agency consideration. The Agency is not obligated to use the 
5suggested language or any portion thereof in its permitting 
6decision. If requested by the permit applicant, the Agency 
7shall meet with the applicant to discuss the suggested 
8language.
9 (u) If requested by the permit applicant, the Agency shall 
10provide the permit applicant with a copy of the draft permit 
11prior to any public review period.
12 (v) If requested by the permit applicant, the Agency shall 
13provide the permit applicant with a copy of the final permit 
14prior to its issuance. 
15 (w) An air pollution permit shall not be required due to 
16emissions of greenhouse gases, as specified by Section 9.15 of 
17this Act.
18 (x) If, before the expiration of a State operating permit 
19that is issued pursuant to subsection (a) of this Section and 
20contains federally enforceable conditions limiting the 
21potential to emit of the source to a level below the major 
22source threshold for that source so as to exclude the source 
23from the Clean Air Act Permit Program, the Agency receives a 
24complete application for the renewal of that permit, then all 
25of the terms and conditions of the permit shall remain in 
26effect until final administrative action has been taken on the 
 
 
SB1323- 37 -LRB103 27060 CPF 53428 b


1application for the renewal of the permit. 
2 (y) The Agency may issue permits exclusively under this 
3subsection to persons owning or operating a CCR surface 
4impoundment subject to Section 22.59.
5 (z) If a mass animal mortality event is declared by the 
6Department of Agriculture in accordance with the Animal 
7Mortality 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 
 
 
SB1323- 38 -LRB103 27060 CPF 53428 b


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 
6terms and conditions, including, but not limited to, schedules 
7of compliance, which may be required to accomplish the 
8purposes and provisions of this Act, Board regulations, the 
9Illinois Groundwater Protection Act and regulations pursuant 
10thereto, and the Resource Conservation and Recovery Act and 
11regulations pursuant thereto, and may include schedules for 
12achieving compliance therewith as soon as possible.
13 The Board shall adopt filing requirements and procedures 
14that are necessary and appropriate for the issuance of CCR 
15surface impoundment permits and that are consistent with this 
16Act or regulations adopted by the Board, and with the RCRA, as 
17amended, and regulations pursuant thereto.
18 The applicant shall make available to the public for 
19inspection all documents submitted by the applicant to the 
20Agency in furtherance of an application, with the exception of 
21trade secrets, on its public internet website as well as at the 
22office of the county board or governing body of the 
23municipality where CCR from the CCR surface impoundment will 
24be permanently disposed. Such documents may be copied upon 
25payment of the actual cost of reproduction during regular 
26business hours of the local office.
 
 
SB1323- 39 -LRB103 27060 CPF 53428 b


1 The Agency shall issue a written statement concurrent with 
2its grant or denial of the permit explaining the basis for its 
3decision.
4 (aa) An applicant for a permit for the construction of a 
5new source that will become a major source subject to the Clean 
6Air Act Permit Program under Section 39.5 and will be located 
7in an environmental justice community or a new source that has 
8required or will require a federally enforceable State 
9operating permit and will be located in an environmental 
10justice community must conduct a public meeting prior to 
11submission of the permit application and must submit with the 
12permit application an environmental justice assessment 
13identifying the potential environmental and health impacts to 
14the area associated with the proposed project. This subsection 
15(aa) also applies to permit applications for modifications or 
16expansions to existing sources that will result in an increase 
17in the hourly rate of emissions or the total annual emissions 
18of any air pollutant. 
19 Before submitting the permit application to the Agency and 
20after obtaining local siting approval under Section 39.2, the 
21applicant must conduct a public meeting within the 
22environmental justice community where the proposed source is 
23to be located and collect public comments. Notice of the 
24public meeting must be provided 30 days in advance of the 
25meeting and in accordance with the following requirements: 
26  (1) The notice shall be: 
 
 
SB1323- 40 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 41 -LRB103 27060 CPF 53428 b


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 
17justice assessment required under subsection (bb) at the 
18public meeting.
19 The applicant must accept written public comments from the 
20date the public notice is provided through at least 30 days 
21following the public meeting.
22 The applicant must provide with its permit application a 
23copy of the notice and a certification, subject to penalty of 
24law, signed by a responsible official for the permit applicant 
25attesting to the fact that a public meeting was held, the 
26information that was provided by the applicant and the permit 
 
 
SB1323- 42 -LRB103 27060 CPF 53428 b


1applicant collected written and transcribed oral public 
2comments collected by the applicant in accordance with the 
3requirements of this subsection (aa).
4 The failure of the applicant to comply with the procedural 
5requirements of this subsection (aa) will result in a finding 
6of incompleteness or denial of the subsequent permit 
7application by the Agency. 
8 The Agency may propose and the Board may adopt rules 
9regarding the implementation of this subsection (aa). 
10 (bb) The permit application under subsection (aa) shall 
11include an environmental justice assessment. The environmental 
12justice 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 
 
 
SB1323- 43 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 44 -LRB103 27060 CPF 53428 b


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 
6an independent third party.
7 If the environmental justice assessment shows that the 
8proposed project will cause harm to the environment or public 
9health, the Agency shall impose conditions in the permit that 
10will mitigate such harm or deny the permit if such harm is 
11unavoidable and causes or contributes to disproportionate 
12harm.
13 The Agency shall propose and the Board shall adopt rules 
14regarding the implementation of this subsection, including, at 
15a minimum, the type and nature of air dispersion modeling, the 
16contents of the modeling protocol and environmental impact 
17review, and a description of harm and disproportionate harm 
18that may be evidenced by the environmental justice assessment.
19 (cc) Before issuing any covered non-CAAPP permit, the 
20Agency shall conduct an evaluation of the prospective owner's 
21or operator's prior experience in owning and operating sources 
22of air pollution. The Agency may deny the permit if the 
23prospective owner or operator or any employee or officer of 
24the prospective owner or operator or any board member has a 
25history of: 
26  (1) repeated violations of federal, State, or local 
 
 
SB1323- 45 -LRB103 27060 CPF 53428 b


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; 
20102-558, 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 
24the
municipality, as determined by paragraph (c) of Section 39 
25of this Act, shall, subject to review,
approve or disapprove 
 
 
SB1323- 46 -LRB103 27060 CPF 53428 b


1the request for local siting approval for the following: (i) 
2each pollution
control facility; (ii) an air pollution source 
3that, upon issuance of the requested construction permit, will 
4become a major source subject to Section 39.5 and will be 
5located in an environmental justice community; or (iii) an air 
6pollution source that has required or will require a federally 
7enforceable State operating permit and will be located in an 
8environmental justice community which is subject to such 
9review. An applicant for local
siting approval shall submit 
10sufficient details describing the proposed
facility and 
11evidence to demonstrate compliance, and local siting approval 
12shall be granted
only if the proposed facility meets the 
13following 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 
 
 
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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 
 
 
SB1323- 48 -LRB103 27060 CPF 53428 b


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 
9may also
consider as evidence the previous operating 
10experience and past record of
convictions or admissions of 
11violations of the pollution control facility applicant (and 
12any subsidiary
or parent corporation) in the field of solid 
13waste management when
considering criteria (ii) and (v) under 
14this Section.
15 If the pollution control facility is subject to the 
16location restrictions in Section 22.14 of this Act, compliance 
17with that Section shall be determined as of the date the 
18application for siting approval is filed.


19 (b) No later than 14 days before the date on which the 
20county board or
governing body of the municipality receives a 
21request for
site approval, the applicant shall cause written 
22notice
of such request to be served either in person or by 
23registered mail, return
receipt requested, on the owners of 
24all property within the subject area not
solely owned by the 
25applicant, and on the owners of all property within 250
feet in 
26each direction of the lot line of the subject property, said 
 
 
SB1323- 49 -LRB103 27060 CPF 53428 b


1owners
being such persons or entities which appear from the 
2authentic tax records of
the county County in which such 
3pollution control facility or air pollution source is to be 
4located; provided, that the number
of all feet occupied by all 
5public roads, streets, alleys, and other public ways
shall be 
6excluded in computing the 250 feet requirement; provided 
7further, that
in no event shall this requirement exceed 400 
8feet, including public streets,
alleys, and other public ways.

9 Such written notice shall also be served upon members of 
10the General Assembly
from the legislative district in which 
11the proposed pollution control facility or air pollution 
12source is located
and shall be published in a newspaper of 
13general circulation published in
the county in which the site 
14is located.

15 Such notice shall state the name and address of the 
16applicant, the location
of the proposed site, the nature and 
17size of the development, the nature of the
activity proposed, 
18the probable life of the proposed activity, the date when
the 
19request for site approval will be submitted, and a description 
20of the right
of persons to comment on such request as hereafter 
21provided.

22 (c) An applicant shall file a copy of its request with the 
23county board
of the county or the governing body of the 
24municipality in which the proposed
site is located. The 
25request shall include (i) the substance of the
applicant's 
26proposal and (ii) all documents, if any, submitted as of that 
 
 
SB1323- 50 -LRB103 27060 CPF 53428 b


1date
to the Agency pertaining to the proposed pollution 
2control facility or air pollution source, except trade secrets 
3as
determined under Section 7.1 of this Act. All such 
4documents or other
materials on file with the county board or 
5governing body of the municipality
shall be made available for 
6public inspection at the office of the county board
or the 
7governing body of the municipality and may be copied upon 
8payment of the
actual cost of reproduction.

9 Any person may file written comment with the county board 
10or governing
body of the municipality concerning the 
11appropriateness of the proposed
site for its intended purpose. 
12The county board or governing body of the
municipality shall 
13consider any comment received or postmarked not later
than 30 
14days after the date of the last public hearing.

15 (d) At least one public hearing, at which an applicant 
16shall present at least one witness to testify subject to 
17cross-examination, is to be held by the county board or

18governing body of the municipality no sooner than 90 days but 
19no later than
120 days after the date on which it received the

20request for site approval. No later than 14 days prior to such 
21hearing,
notice shall be published in a newspaper of general 
22circulation published in
the county of the proposed site, and 
23delivered by certified mail to all members
of the General 
24Assembly from the district in which the proposed site is

25located, to the governing authority of every municipality 
26contiguous to the
proposed site or contiguous to the 
 
 
SB1323- 51 -LRB103 27060 CPF 53428 b


1municipality in which the proposed site is
to be located, to 
2the county board of the county where the proposed site is to
be 
3located, if the proposed site is located within the boundaries 
4of a
municipality, and to the Agency. Members or 
5representatives of the governing
authority of a municipality 
6contiguous to the proposed site or contiguous to
the 
7municipality in which the proposed site is to be located and, 
8if the
proposed site is located in a municipality, members or 
9representatives of the
county board of a county in which the 
10proposed site is to be located may appear
at and participate in 
11public hearings held pursuant to this Section. The
public 
12hearing shall develop a record sufficient to form the basis of 
13appeal
of the decision in accordance with Section 40.1 of this 
14Act. The fact that a
member of the county board or governing 
15body of the municipality has publicly
expressed an opinion on 
16an issue related to a site review proceeding shall not

17preclude the member from taking part in the proceeding and 
18voting on the issue.

19 (e) Decisions of the county board or governing body of the 
20municipality
are to be in writing, confirming a public hearing 
21was held with testimony from at least one witness presented by 
22the applicant, specifying the reasons for the decision, such 
23reasons
to be in conformance with subsection (a) of this 
24Section. In granting approval
for a site the county board or 
25governing body of the municipality may impose
such conditions 
26as may be reasonable and necessary to accomplish the purposes

 
 
SB1323- 52 -LRB103 27060 CPF 53428 b


1of this Section and as are not inconsistent with regulations 
2promulgated
by the Board. Such decision shall be available for 
3public inspection at
the office of the county board or 
4governing body of the municipality and
may be copied upon 
5payment of the actual cost of reproduction. If there is
no 
6final action by the county board or governing body of the 
7municipality
within 180 days after the date on which it 
8received the
request for site approval, the applicant may deem 
9the request approved.

10 At the public hearing, at any time prior to completion by 
11the applicant of the presentation of
the applicant's factual 
12evidence, testimony, and an opportunity for cross-examination

13by the county board or governing body of the municipality and 
14any participants,
the applicant may file not more than one 
15amended application upon payment
of additional fees pursuant 
16to subsection (k); in which case the time
limitation for final 
17action set forth in this subsection (e) shall
be extended for 
18an additional period of 90 days.

19 If, prior to making a final local siting decision, a 
20county board or
governing body of a municipality has 
21negotiated and entered into a host
agreement with the local 
22siting applicant, the terms and conditions of
the host 
23agreement, whether written or oral, shall be disclosed and 
24made
a part of the hearing record for that local siting 
25proceeding.
In the case of an oral agreement, the disclosure 
26shall be made in the form
of a written summary jointly prepared 
 
 
SB1323- 53 -LRB103 27060 CPF 53428 b


1and submitted by the county board or
governing body of the 
2municipality and the siting applicant and shall describe
the 
3terms and conditions of the oral agreement.

4 (e-5) Siting approval obtained pursuant to this Section is 
5transferable
and may be transferred to a subsequent owner or 
6operator. In the event that
siting approval has been 
7transferred to a subsequent owner or operator, that
subsequent 
8owner or operator assumes and takes subject to any and all

9conditions imposed upon the prior owner or operator by the 
10county board of
the county or governing body of the 
11municipality pursuant to subsection (e).
However, any such 
12conditions imposed pursuant to this Section may be modified
by 
13agreement between the subsequent owner or operator and the 
14appropriate
county board or governing body. Further, in the 
15event that siting approval
obtained pursuant to this Section 
16has been transferred to a subsequent owner or
operator, that 
17subsequent owner or operator assumes all rights and 
18obligations
and takes the facility subject to any and all 
19terms and conditions of any
existing host agreement between 
20the prior owner or operator and the appropriate
county board 
21or governing body.

22 (f) A local siting approval granted under this Section 
23shall expire at
the end of 2 calendar years from the date upon 
24which it was granted, unless
the local siting approval granted 
25under this Section is for a sanitary landfill
operation, in 
26which case the approval shall expire at the end of 3 calendar

 
 
SB1323- 54 -LRB103 27060 CPF 53428 b


1years from the date upon which it was granted, and unless 
2within that period
the applicant has made application to the 
3Agency for a
permit to develop the site. In the event that the 
4local siting decision has
been appealed, such expiration 
5period shall be deemed to begin on the date
upon which the 
6appeal process is concluded.

7 Except as otherwise provided in this subsection, upon the 
8expiration
of a development permit under subsection (k) of 
9Section 39, any associated
local siting approval granted for 
10the facility under this Section shall also
expire.

11 If a first development permit for a municipal waste 
12incineration
facility expires under subsection (k) of Section 
1339 after September 30,
1989 due to circumstances beyond the 
14control of the applicant, any
associated local siting approval 
15granted for the facility under this
Section may be used to 
16fulfill the local siting approval requirement upon
application 
17for a second development permit for the same site, provided

18that the proposal in the new application is materially the 
19same, with respect
to the criteria in subsection (a) of this 
20Section, as the proposal that
received the original siting 
21approval, and application for the second
development permit is 
22made before January 1, 1990.

23 (g) The siting approval procedures, criteria and appeal 
24procedures
provided for in this Act for new pollution control 
25facilities
shall be the exclusive siting procedures and rules 
26and appeal procedures
for facilities subject to such 
 
 
SB1323- 55 -LRB103 27060 CPF 53428 b


1procedures. Local zoning or other local land
use requirements 
2shall not be applicable to such siting decisions.

3 (h) Nothing in this Section shall apply to any existing or 
4new
pollution control facility located within the corporate 
5limits of
a municipality with a population of over 1,000,000.

6 (i) (Blank.)

7 The Board shall adopt regulations establishing the 
8geologic and
hydrologic siting criteria necessary to protect 
9usable groundwater
resources which are to be followed by the 
10Agency in its review of permit
applications for new pollution 
11control facilities. Such
regulations, insofar as they apply to 
12new pollution control
facilities authorized to store, treat or 
13dispose of any hazardous waste,
shall be at least as stringent 
14as the requirements of the Resource
Conservation and Recovery 
15Act and any State or federal regulations adopted
pursuant 
16thereto.

17 (j) Any new pollution control facility which has never 
18obtained local
siting approval under the provisions of this 
19Section shall be required to
obtain such approval after a 
20final decision on an appeal of a permit denial.

21 (k) A county board or governing body of a municipality may 
22charge
applicants for siting review under this Section a 
23reasonable fee to cover
the reasonable and necessary costs 
24incurred by such county or municipality
in the siting review 
25process.

26 (l) The governing Authority as determined by subsection 
 
 
SB1323- 56 -LRB103 27060 CPF 53428 b


1(c) of Section
39 of this Act may request the Department of 
2Transportation to perform
traffic impact studies of proposed 
3or potential locations for required
pollution control 
4facilities.

5 (m) An applicant may not file a request for local siting 
6approval which is
substantially the same as a request which 
7was disapproved pursuant to a
finding against the applicant 
8under any of criteria (i) through (ix) of
subsection (a) of 
9this Section within the preceding 2 years.

10 (n) In any review proceeding of a decision of the county 
11board or
governing body of a municipality made pursuant to the 
12local
siting review process, the petitioner in the review 
13proceeding shall pay to
the county or municipality the cost of 
14preparing and certifying the record
of proceedings. Should the 
15petitioner in the review proceeding fail to make
payment, the 
16provisions of Section 3-109 of the Code of Civil
Procedure 
17shall apply.

18 In the event the petitioner is a citizens' group that 
19participated in the
siting proceeding and is so located as to 
20be affected by the proposed
facility, such petitioner shall be 
21exempt from paying the costs of
preparing and certifying the 
22record.

23 (o) Notwithstanding any other provision of this Section, a 
24transfer
station used exclusively for landscape waste, where 
25landscape waste is held
no longer than 24 hours from the time 
26it was received, is not subject to the
requirements of local 
 
 
SB1323- 57 -LRB103 27060 CPF 53428 b


1siting approval under this Section, but is subject only
to 
2local zoning approval.

3 (p) The siting approval procedures, criteria, and appeal 
4procedures provided for in this Act for new air pollution 
5sources shall be in addition to the applicable local land use 
6and zoning standards, procedures, rules, and appeal 
7procedures. Local zoning or other local land use requirements 
8shall continue to be applicable to such siting decisions for 
9new air pollution sources in addition to the siting approval 
10procedures, criteria, and appeal procedures provided in this 
11Act.
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 
17subject to
subsection 13 of this Section.

18 "Affected source for acid deposition" means a source that 
19includes one or
more affected units under Title IV of the Clean 
20Air Act.

21 "Affected States" for purposes of formal distribution of a 
22draft CAAPP permit
to other States for comments prior to 
23issuance, 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 
 
 
SB1323- 58 -LRB103 27060 CPF 53428 b


1 Illinois; or

2  (2) That are within 50 miles of the source.

3 "Affected unit for acid deposition" shall have the meaning 
4given to the term
"affected unit" in the regulations 
5promulgated under Title IV of the Clean Air
Act.

6 "Applicable Clean Air Act requirement" means all of the 
7following as they
apply to emissions units in a source 
8(including regulations that have been
promulgated or approved 
9by USEPA pursuant to the Clean Air Act which directly
impose 
10requirements upon a source and other such federal requirements 
11which
have been adopted by the Board. These may include 
12requirements and regulations
which have future effective 
13compliance dates. Requirements and regulations
will be exempt 
14if USEPA determines that such requirements need not be 
15contained
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.

 
 
SB1323- 59 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 60 -LRB103 27060 CPF 53428 b


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 
18Act requirements and
any other standard, limitation, or other 
19requirement contained in this Act or
regulations promulgated 
20under this Act as applicable to sources of air
contaminants 
21(including requirements that have future effective compliance

22dates).

23 "CAAPP" means the Clean Air Act Permit Program, developed 
24pursuant to Title V
of the Clean Air Act.

25 "CAAPP application" means an application for a CAAPP 
26permit.

 
 
SB1323- 61 -LRB103 27060 CPF 53428 b


1 "CAAPP Permit" or "permit" (unless the context suggests 
2otherwise) means any
permit issued, renewed, amended, modified 
3or revised pursuant to Title V of the
Clean Air Act.

4 "CAAPP source" means any source for which the owner or 
5operator is required
to obtain a CAAPP permit pursuant to 
6subsection 2 of this Section.

7 "Clean Air Act" means the Clean Air Act, as now and 
8hereafter amended, 42
U.S.C. 7401, et seq.

9 "Designated representative" has the meaning given to it in 
10Section
402(26) of the Clean Air Act and the regulations 
11promulgated thereunder, which state
that the term "designated 
12representative" means a responsible
person or official 
13authorized by the owner or operator of a unit to represent
the 
14owner or operator in all matters pertaining to the holding, 
15transfer, or
disposition of allowances allocated to a unit, 
16and the submission of and
compliance with permits, permit 
17applications, and compliance plans for the
unit.

18 "Draft CAAPP permit" means the version of a CAAPP permit 
19for which public
notice and an opportunity for public comment 
20and hearing is offered by the
Agency.

21 "Effective date of the CAAPP" means the date that USEPA 
22approves Illinois'
CAAPP.

23 "Emission unit" means any part or activity of a stationary 
24source that emits
or has the potential to emit any air 
25pollutant. This term is not meant to
alter or affect the 
26definition of the term "unit" for purposes of Title IV of
the 
 
 
SB1323- 62 -LRB103 27060 CPF 53428 b


1Clean Air Act.

2 "Federally enforceable" means enforceable by USEPA.

3 "Final permit action" means the Agency's granting with 
4conditions, refusal to
grant, renewal of, or revision of a 
5CAAPP permit, the Agency's determination of
incompleteness of 
6a submitted CAAPP application, or the Agency's failure to act

7on an application for a permit, permit renewal, or permit 
8revision within the
time specified in subsection 13, 
9subsection 14, or paragraph (j) of subsection 5 of this

10Section.

11 "General permit" means a permit issued to cover numerous 
12similar sources in
accordance with subsection 11 of this 
13Section. 

14 "Major source" means a source for which emissions of one 
15or more air
pollutants meet the criteria for major status 
16pursuant to paragraph (c) of subsection 2 of
this Section.

17 "Maximum achievable control technology" or "MACT" means 
18the maximum degree of
reductions in emissions deemed 
19achievable under Section 112 of the Clean
Air Act.

20 "Owner or operator" means any person who owns, leases, 
21operates, controls, or
supervises a stationary source.

22 "Permit modification" means a revision to a CAAPP permit 
23that cannot be
accomplished under the provisions for 
24administrative permit amendments under
subsection 13 of this

25Section.

26 "Permit revision" means a permit modification or 
 
 
SB1323- 63 -LRB103 27060 CPF 53428 b


1administrative permit
amendment.

2 "Phase II" means the period of the national acid rain 
3program,
established under Title IV of the Clean Air Act, 
4beginning January 1,
2000, and continuing thereafter.

5 "Phase II acid rain permit" means the portion of a CAAPP 
6permit issued,
renewed, modified, or revised by the Agency 
7during Phase II for an affected
source for acid deposition.

8 "Potential to emit" means the maximum capacity of a 
9stationary source to emit
any air pollutant under its physical 
10and operational design. Any physical or
operational limitation 
11on the capacity of a source to emit an air pollutant,
including 
12air pollution control equipment and restrictions on hours of

13operation or on the type or amount of material combusted, 
14stored, or processed,
shall be treated as part of its design if 
15the limitation is enforceable by
USEPA. This definition does 
16not alter or affect the use of this term for any
other purposes 
17under the Clean Air Act, or the term "capacity factor" as used

18in Title IV of the Clean Air Act or the regulations promulgated 
19thereunder.

20 "Preconstruction Permit" or "Construction Permit" means a 
21permit which is to
be obtained prior to commencing or 
22beginning actual construction or
modification of a source or 
23emissions unit.

24 "Proposed CAAPP permit" means the version of a CAAPP 
25permit that the Agency
proposes to issue and forwards to USEPA 
26for review in compliance with
applicable requirements of the 
 
 
SB1323- 64 -LRB103 27060 CPF 53428 b


1Act 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 
 
 
SB1323- 65 -LRB103 27060 CPF 53428 b


1 to Section 112(g)(2) requirement.

2  (6) Greenhouse gases. 
3 "Renewal" means the process by which a permit is reissued 
4at 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 
 
 
SB1323- 66 -LRB103 27060 CPF 53428 b


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 
22express permit
terms. "Section 502(b)(10) changes" do not 
23include changes that would violate
applicable
requirements or 
24contravene federally enforceable permit terms or conditions

25that are monitoring (including test methods), recordkeeping, 
26reporting, or
compliance certification requirements.

 
 
SB1323- 67 -LRB103 27060 CPF 53428 b


1 "Solid waste incineration unit" means a distinct operating 
2unit of any
facility which combusts any solid waste material 
3from commercial or industrial
establishments or the general 
4public (including single and multiple residences,
hotels, and 
5motels). The term does not include incinerators or other units

6required to have a permit under Section 3005 of the Solid Waste 
7Disposal Act.
The term also does not include (A) materials 
8recovery facilities (including
primary or secondary smelters) 
9which combust waste for the primary purpose of
recovering 
10metals, (B) qualifying small power production facilities, as 
11defined
in Section 3(17)(C) of the Federal Power Act (16 
12U.S.C. 769(17)(C)), or
qualifying cogeneration facilities, as 
13defined in Section 3(18)(B) of the
Federal Power Act (16 
14U.S.C. 796(18)(B)), which burn homogeneous waste (such as

15units which burn tires or used oil, but not including 
16refuse-derived fuel) for
the production of electric energy or 
17in the case of qualifying cogeneration
facilities which burn 
18homogeneous waste for the production of electric energy
and 
19steam or forms of useful energy (such as heat) which are used 
20for
industrial, commercial, heating or cooling purposes, or 
21(C) air curtain
incinerators provided that such incinerators 
22only burn wood wastes, yard waste
and clean lumber and that 
23such air curtain incinerators comply with opacity
limitations 
24to be established by the USEPA by rule.

25 "Source" means any stationary source (or any group of 
26stationary sources)
that
is located on one or more contiguous 
 
 
SB1323- 68 -LRB103 27060 CPF 53428 b


1or adjacent properties
that are under
common control of the 
2same person (or persons under common control) and
that
belongs 
3to
a single major industrial grouping. For the purposes of 
4defining "source," a
stationary source or group of stationary 
5sources shall be considered part of a
single major industrial 
6grouping if all of the pollutant emitting
activities at such

7source or group of sources located on contiguous or adjacent 
8properties
and under common control belong to the
same Major 
9Group (i.e., all have the same two-digit code) as described in 
10the
Standard Industrial Classification Manual, 1987, or such 
11pollutant emitting
activities at a stationary source (or group 
12of stationary sources) located on
contiguous or adjacent 
13properties and under common control constitute a
support

14facility. The determination as to whether any group of 
15stationary sources is
located on contiguous or adjacent 
16properties, and/or is under common control,
and/or
whether the 
17pollutant emitting activities at such group of stationary 
18sources
constitute a support facility shall be made on a case 
19by case basis.

20 "Stationary source" means any building, structure, 
21facility, or installation
that emits or may emit any regulated 
22air pollutant or any pollutant listed
under Section 112(b) of 
23the Clean Air Act, except those emissions resulting directly 
24from an internal combustion engine for transportation purposes 
25or from a nonroad engine or nonroad vehicle as defined in 
26Section 216 of the Clean Air Act. 

 
 
SB1323- 69 -LRB103 27060 CPF 53428 b


1 "Subject to regulation" has the meaning given to it in 40 
2CFR 70.2, as now or hereafter amended. 
3 "Support facility" means any stationary source (or group 
4of stationary
sources) that conveys, stores, or otherwise 
5assists to a significant extent in
the production of a 
6principal product at another stationary source (or group of

7stationary sources). A support facility shall be considered to 
8be part of the
same source as the stationary source (or group 
9of stationary sources) that it
supports regardless of the 
102-digit Standard Industrial Classification code for
the 
11support facility.

12 "USEPA" means the Administrator of the United States 
13Environmental Protection
Agency (USEPA) or a person designated 
14by 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) 
 
 
SB1323- 70 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 71 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 72 -LRB103 27060 CPF 53428 b


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, 
 
 
SB1323- 73 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 74 -LRB103 27060 CPF 53428 b


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, 
 
 
SB1323- 75 -LRB103 27060 CPF 53428 b


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.

 
 
SB1323- 76 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 77 -LRB103 27060 CPF 53428 b


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) 
 
 
SB1323- 78 -LRB103 27060 CPF 53428 b


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 
11Enforceable 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) 
 
 
SB1323- 79 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 80 -LRB103 27060 CPF 53428 b


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

 
 
SB1323- 81 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 82 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 83 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 84 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 85 -LRB103 27060 CPF 53428 b


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, 
 
 
SB1323- 86 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 87 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 88 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 89 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 90 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 91 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 92 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 93 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 94 -LRB103 27060 CPF 53428 b


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.

 
 
SB1323- 95 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 96 -LRB103 27060 CPF 53428 b


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

 
 
SB1323- 97 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 98 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 99 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 100 -LRB103 27060 CPF 53428 b


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.

 
 
SB1323- 101 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 102 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 103 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 104 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 105 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 106 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 107 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 108 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 109 -LRB103 27060 CPF 53428 b


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.

 
 
SB1323- 110 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 111 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 112 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 113 -LRB103 27060 CPF 53428 b


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

 
 
SB1323- 114 -LRB103 27060 CPF 53428 b


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).

 
 
SB1323- 115 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 116 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 117 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 118 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 119 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 120 -LRB103 27060 CPF 53428 b


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.

 
 
SB1323- 121 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 122 -LRB103 27060 CPF 53428 b


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:

 
 
SB1323- 123 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 124 -LRB103 27060 CPF 53428 b


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, 
 
 
SB1323- 125 -LRB103 27060 CPF 53428 b


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.

 
 
SB1323- 126 -LRB103 27060 CPF 53428 b


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.

 
 
SB1323- 127 -LRB103 27060 CPF 53428 b


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) 
 
 
SB1323- 128 -LRB103 27060 CPF 53428 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 
 
 
SB1323- 129 -LRB103 27060 CPF 53428 b


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. 



 
 
SB1323- 130 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 131 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 132 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 133 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 134 -LRB103 27060 CPF 53428 b


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, 
 
 
SB1323- 135 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 136 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 137 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 138 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 139 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 140 -LRB103 27060 CPF 53428 b


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.



 
 
SB1323- 141 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 142 -LRB103 27060 CPF 53428 b


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

 
 
SB1323- 143 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 144 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 145 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 146 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 147 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 148 -LRB103 27060 CPF 53428 b


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;

 
 
SB1323- 149 -LRB103 27060 CPF 53428 b


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 
 
 
SB1323- 150 -LRB103 27060 CPF 53428 b


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.



 
 
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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 
 
 
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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; 
11100-103, eff. 8-11-17.)


12 (415 ILCS 5/39.15 new)
13 Sec. 39.15. Environmental justice considerations in 
14permitting.
15 (a) The following public participation requirements for 
16permitting transactions in an environmental justice community 
17must 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 
 
 
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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 
25regarding linguistically isolated communities:
26  (1) For a community determined to be in linguistic 
 
 
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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 
9environmental justice community, the Director of the Agency 
10may grant extensions of any permitting deadlines established 
11in this Act by up to 180 days to allow for additional review of 
12the permit application by the Agency or additional public 
13participation. Any exercise of this authority shall be 
14provided in writing to the permit applicant with the specific 
15reason 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 
19conditions a permit
under Section 39 of this Act, the 
20applicant may, within 35 days after the
date on which the 
21Agency served its decision on the applicant, petition for
a 
22hearing before the Board to contest the decision of the 
23Agency. However,
the 35-day period for petitioning for a 
24hearing may be extended for an
additional period of time not to 
25exceed 90 days by written notice
provided to the Board from the 
 
 
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1applicant and the Agency within the initial
appeal period. The 
2Board shall give 21 days' notice to any person in the
county 
3where is located the facility in issue who has requested 
4notice of
enforcement proceedings and to each member of the 
5General Assembly in whose
legislative district that 
6installation or property is located; and shall
publish that 
721-day notice in a newspaper of general circulation in that

8county. The Agency shall appear as respondent in such hearing. 
9At such
hearing the rules prescribed in Section 32 and 
10subsection (a) of Section 33 of
this Act shall apply, and the 
11burden of proof shall be on the petitioner. If,
however, the 
12Agency issues an NPDES permit that imposes limits which are 
13based
upon a criterion or denies a permit based upon 
14application of a criterion,
then the Agency shall have the 
15burden of going forward with the basis for
the derivation of 
16those limits or criterion which were derived under the
Board's 
17rules.

18 (2) Except as provided in paragraph (a)(3), if there is no 
19final action by
the Board within 120 days after the date on 
20which it received the petition,
the petitioner may deem the 
21permit issued under this Act, provided,
however, that that 
22period of 120 days shall not run for any period of time,
not to 
23exceed 30 days, during which the Board is without sufficient 
24membership
to constitute the quorum required by subsection (a) 
25of Section 5 of this Act,
and provided further that such 120 
26day period shall not be stayed for lack of
quorum beyond 30 
 
 
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1days regardless of whether the lack of quorum exists at the

2beginning of such 120-day period or occurs during the running 
3of such 120-day
period.

4 (3) Paragraph (a)(2) shall not apply to any permit which 
5is subject
to subsection (b), (d) or (e) of Section 39. If 
6there is no final action by
the Board within 120 days after the 
7date on which it received the petition,
the petitioner shall 
8be 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 
11waste disposal site,
a third party, other than the permit 
12applicant or Agency, may, within 35
days after the date on 
13which the Agency issued its decision, petition the
Board for a 
14hearing to contest the issuance of the permit.
Unless the 
15Board determines that such petition is duplicative or 
16frivolous, or that the petitioner is so located as to
not be 
17affected by the permitted facility, the Board shall hear the

18petition in accordance with the terms of subsection (a) of 
19this Section
and its procedural rules governing denial 
20appeals, such hearing to be
based exclusively on the record 
21before the Agency. The burden of proof
shall be on the 
22petitioner. The Agency and the permit applicant shall
be named 
23co-respondents.

24 The provisions of this subsection do not apply to the 
25granting of permits
issued for the disposal or utilization of 
26sludge from publicly owned sewage
works.

 
 
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1 (c) Any party to an Agency proceeding conducted pursuant 
2to Section
39.3 of this Act may petition as of right to the 
3Board for review of the
Agency's decision within 35 days from 
4the date of issuance of the Agency's
decision, provided that 
5such appeal is not duplicative
or frivolous.
However, the 
635-day period for petitioning for a hearing may be extended
by 
7the applicant for a period of time not to exceed 90 days by 
8written notice
provided to the Board from the applicant and 
9the Agency within the initial
appeal period. If another person 
10with standing to appeal wishes to obtain
an extension, there 
11must be a written notice provided to the Board by that
person, 
12the Agency, and the applicant, within the initial appeal 
13period.
The decision of the Board shall be based exclusively 
14on the record compiled
in the Agency proceeding. In other 
15respects the Board's review shall be
conducted in accordance 
16with subsection (a) of this Section and the Board's
procedural 
17rules governing permit denial appeals.

18 (d) In reviewing the denial or any condition of a NA NSR 
19permit issued by the
Agency pursuant to rules and regulations 
20adopted under subsection (c)
of Section 9.1 of this Act, the 
21decision of the Board
shall be based exclusively on the record 
22before the Agency including the
record of the hearing, if any, 
23unless the parties agree to supplement the record. The Board 
24shall, if
it finds the Agency is in error, make a final 
25determination as to the
substantive limitations of the permit 
26including a final determination of
Lowest Achievable Emission 
 
 
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1Rate.


2 (e)(1) If the Agency grants or denies a permit under 
3subsection (b) of
Section 39 of this Act, a third party, other 
4than the permit applicant or
Agency, may petition the Board 
5within 35 days from the date of issuance of
the Agency's 
6decision, for a hearing to contest the decision of the Agency.


7 (2) A petitioner shall include the following within a 
8petition 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 
16duplicative or frivolous and contains a satisfactory 
17demonstration under
subdivision (2) of this subsection, the 
18Board shall hear the petition (i) in
accordance with the terms 
19of subsection (a) of this Section and its procedural
rules 
20governing permit denial appeals and (ii) exclusively on the 
21basis of the
record before the Agency. The burden of proof 
22shall be on the petitioner.
The Agency and permit applicant 
23shall be named co-respondents.

24 (f) Any person who files a petition to contest the 
25issuance of a
permit by the Agency shall pay a filing fee.

26 (g) If the Agency grants or denies a permit under 
 
 
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1subsection (y) of Section 39, a third party, other than the 
2permit applicant or Agency, may appeal the Agency's decision 
3as provided under federal law for CCR surface impoundment 
4permits.
5 (h) If the Agency grants a permit to construct, modify, or 
6operate a facility that emits air pollutants and is classified 
7as a minor source, a third party, other than the permit 
8applicant or Agency, may, within 35 days after the date on 
9which the Agency issued its decision, petition the Board for a 
10hearing to contest the issuance of the permit. Unless the 
11Board determines that the petition is duplicative or frivolous 
12or that the petitioner is so located as to not be affected by 
13the permitted facility, the Board shall hear the petition in 
14accordance with the terms of subsection (a) of this Section 
15and its procedural rules governing denial appeals. The hearing 
16shall be based exclusively on the record before the Agency. 
17The burden of proof shall be on the petitioner. The Agency and 
18the 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, 
23subject to the provisions of this Section, to complaints 
24alleging violations of Section 601 of the federal Civil Rights 
25Act of 1964.
 
 
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1 (b) An environmental justice grievance must allege 
2discrimination on the basis of an individual's actual or 
3perceived race, color, religion, national origin, citizenship, 
4ancestry, age, sex, marital status, order of protection 
5status, conviction record, arrest record, disability, military 
6status, sexual orientation, gender identity, gender 
7expression, pregnancy, or unfavorable discharge from military 
8service.
9 (c) To initiate an environmental justice grievance process 
10a person must file a complaint with the Agency within 60 days 
11after an alleged violation. The Agency, in its discretion, may 
12waive 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 
19as 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 
26under subsection (c), the Agency shall provide written notice 
 
 
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1of receipt and acceptance of the complainant. If the Agency 
2determines that it has jurisdiction to review the complaint, 
3the 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 
16notice of receipt and acceptance of the complaint under 
17subsection (e), the Agency shall make a determination of 
18jurisdiction and the merits of the complaint, conduct an 
19investigation, and provide a proposed resolution, if 
20appropriate, to the extent practicable and allowable under 
21existing laws, rules, and regulations.