Bill Text: IL SB1943 | 2017-2018 | 100th General Assembly | Chaptered


Bill Title: Amends the Environmental Protection Act. Deletes provisions concerning the Illinois Industrial Materials Exchange throughout the Act. Provides that specified generators of vegetable by-products shall prepare an annual report that must be retained on the premises of the generator for a specified period and be made available to the Agency (currently, specified generators of vegetable by-products are required to file an annual report with the Agency). Removes a provision providing that specified monies in the Used Tire Management Fund may be used to assist with the marketing of used tires. Repeals provisions concerning maximum contaminant levels for barium, fluoride, and radionuclides. Makes other changes. Amends the Environmental Toxicology Act. Deletes provisions concerning the State Remedial Action Priority List throughout the Act. Amends the Illinois Plumbing License Law. Provides that each school district or chief school administrator, or the designee of each school district or chief school administrator, shall arrange to have the samples it collects to test each source of potable water in a school building for lead contamination submitted to a specified laboratory. Provides that, within 7 days after receiving a final analytical result concerning such a sample, the school district or chief school administrator, or a designee of the school district or chief school administrator, that collected the sample shall provide the final analytical result to the Department of Public Health. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2017-08-11 - Public Act . . . . . . . . . 100-0103 [SB1943 Detail]

Download: Illinois-2017-SB1943-Chaptered.html



Public Act 100-0103
SB1943 EnrolledLRB100 11390 MJP 21799 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Plumbing License Law is amended by
changing Section 35.5 as follows:
(225 ILCS 320/35.5)
Sec. 35.5. Lead in drinking water prevention.
(a) The General Assembly finds that lead has been detected
in the drinking water of schools in this State. The General
Assembly also finds that infants and young children may suffer
adverse health effects and developmental delays as a result of
exposure to even low levels of lead. The General Assembly
further finds that it is in the best interests of the people of
the State to require school districts or chief school
administrators, or the designee of the school district or chief
school administrator, to test for lead in drinking water in
school buildings and provide written notification of the test
results.
The purpose of this Section is to require (i) school
districts or chief school administrators, or the designees of
the school districts or chief school administrators, to test
for lead with the goal of providing school building occupants
with an adequate supply of safe, potable water; and (ii) school
districts or chief school administrators, or the designees of
the school districts or chief school administrators, to notify
the parents and legal guardians of enrolled students of the
sampling results from their respective school buildings.
(b) For the purposes of this Section:
"Community water system" has the meaning provided in 35
Ill. Adm. Code 611.101.
"School building" means any facility or portion thereof
that was constructed on or before January 1, 2000 and may be
occupied by more than 10 children or students, pre-kindergarten
through grade 5, under the control of (a) a school district or
(b) a public, private, charter, or nonpublic day or residential
educational institution.
"Source of potable water" means the point at which
non-bottled water that may be ingested by children or used for
food preparation exits any tap, faucet, drinking fountain, wash
basin in a classroom occupied by children or students under
grade 1, or similar point of use; provided, however, that all
(a) bathroom sinks and (b) wash basins used by janitorial staff
are excluded from this definition.
(c) Each school district or chief school administrator, or
the designee of each school district or chief school
administrator, shall test each source of potable water in a
school building for lead contamination as required in this
subsection.
(1) Each school district or chief school
administrator, or the designee of each school district or
chief school administrator, shall, at a minimum, (a)
collect a first-draw 250 milliliter sample of water, (b)
flush for 30 seconds, and (c) collect a second-draw 250
milliliter sample from each source of potable water located
at each corresponding school building; provided, however,
that to the extent that multiple sources of potable water
utilize the same drain, (i) the foregoing collection
protocol is required for one such source of potable water,
and (ii) only a first-draw 250 milliliter sample of water
is required from the remaining such sources of potable
water. The water corresponding to the first-draw 250
milliliter sample from each source of potable water shall
have been standing in the plumbing pipes for at least 8
hours, but not more than 18 hours, without any flushing of
the source of potable water before sample collection.
(2) Each school district or chief school
administrator, or the designee of each school district or
chief school administrator, shall arrange to have the
samples it collects pursuant to subdivision (1) of this
subsection submitted to a laboratory that is certified for
the analysis of lead in drinking water in accordance with
accreditation requirements developed by a national
laboratory accreditation body, such as the National
Environmental Laboratory Accreditation Conference (NELAC)
Institute (TNI). Samples submitted to laboratories
pursuant to this subdivision (2) shall be analyzed for lead
using one of the test methods for lead that is described in
40 CFR 141.23(k)(1). Within 7 days after receiving a final
analytical result concerning a sample collected pursuant
to subdivision (1) of this subsection, the school district
or chief school administrator, or a designee of the school
district or chief school administrator, that collected the
sample shall provide the final analytical result to the
Department. submit or cause to be submitted (A) the samples
to an Illinois Environmental Protection Agency-accredited
laboratory for analysis for lead in accordance with the
instructions supplied by an Illinois Environmental
Protection Agency-accredited laboratory and (B) the
written sampling results to the Department within 7
business days of receipt of the results.
(3) If any of the samples taken in the school exceed 5
parts per billion, the school district or chief school
administrator, or the designee of the school district or
chief school administrator, shall promptly provide an
individual notification of the sampling results, via
written or electronic communication, to the parents or
legal guardians of all enrolled students and include the
following information: the corresponding sampling location
within the school building and the United States
Environmental Protection Agency's website for information
about lead in drinking water. If any of the samples taken
at the school are at or below 5 parts per billion,
notification may be made as provided in this paragraph or
by posting on the school's website.
(4) Sampling and analysis required under this Section
shall be completed by the following applicable deadlines:
for school buildings constructed prior to January 1, 1987,
by December 31, 2017; and for school buildings constructed
between January 2, 1987 and January 1, 2000, by December
31, 2018.
(5) A school district or chief school administrator, or
the designee of the school district or chief school
administrator, may seek a waiver of the requirements of
this subsection from the Department, if (A) the school
district or chief school administrator, or the designee of
the school district or chief school administrator,
collected at least one 250 milliliter or greater sample of
water from each source of potable water that had been
standing in the plumbing pipes for at least 6 hours and
that was collected without flushing the source of potable
water before collection, (B) a an Illinois Environmental
Protection Agency-accredited laboratory described in
subdivision (2) of this subsection analyzed the samples in
accordance with a test method described in that
subdivision, (C) test results were obtained prior to the
effective date of this amendatory Act of the 99th General
Assembly, but after January 1, 2013, and (D) test results
were submitted to the Department within 120 days of the
effective date of this amendatory Act of the 99th General
Assembly.
(6) The owner or operator of a community water system
may agree to pay for the cost of the laboratory analysis of
the samples required under this Section and may utilize the
lead hazard cost recovery fee under Section 11-150.1-1 of
the Illinois Municipal Code or other available funds to
defray said costs.
(7) Lead sampling results obtained shall not be used
for purposes of determining compliance with the Board's
rules that implement the national primary drinking water
regulations for lead and copper.
(d) By no later than June 30, 2019, the Department shall
determine whether it is necessary and appropriate to protect
public health to require schools constructed in whole or in
part after January 1, 2000 to conduct testing for lead from
sources of potable water, taking into account, among other
relevant information, the results of testing conducted
pursuant to this Section.
(e) Within 90 days of the effective date of this amendatory
Act of the 99th General Assembly, the Department shall post on
its website guidance on mitigation actions for lead in drinking
water, and ongoing water management practices, in schools. In
preparing such guidance, the Department may, in part, reference
the United States Environmental Protection Agency's 3Ts for
Reducing Lead in Drinking Water in Schools.
(Source: P.A. 99-922, eff. 1-17-17.)
Section 10. The Environmental Protection Act is amended by
changing Sections 12.4, 21, 22.15, 22.28, 22.29, 39.5, 55, and
55.6 as follows:
(415 ILCS 5/12.4)
Sec. 12.4. Vegetable by-product; land application; report.
In addition to any other requirements of this Act, a generator
of vegetable by-products utilizing land application shall
prepare file an annual report with the Agency identifying the
quantity of vegetable by-products transported for land
application during the reporting period, the hauler or haulers
utilized for the transportation, and the sites to which the
vegetable by-products were transported. The report must be
retained on the premises of the generator for a minimum of 5
calendar years after the end of the applicable reporting period
and must, during that time, be made available to the Agency for
inspection and copying during normal business hours.
(Source: P.A. 88-454.)
(415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
Sec. 21. Prohibited acts. No person shall:
(a) Cause or allow the open dumping of any waste.
(b) Abandon, dump, or deposit any waste upon the public
highways or other public property, except in a sanitary
landfill approved by the Agency pursuant to regulations adopted
by the Board.
(c) Abandon any vehicle in violation of the "Abandoned
Vehicles Amendment to the Illinois Vehicle Code", as enacted by
the 76th General Assembly.
(d) Conduct any waste-storage, waste-treatment, or
waste-disposal operation:
(1) without a permit granted by the Agency or in
violation of any conditions imposed by such permit,
including periodic reports and full access to adequate
records and the inspection of facilities, as may be
necessary to assure compliance with this Act and with
regulations and standards adopted thereunder; provided,
however, that, except for municipal solid waste landfill
units that receive waste on or after October 9, 1993, no
permit shall be required for (i) any person conducting a
waste-storage, waste-treatment, or waste-disposal
operation for wastes generated by such person's own
activities which are stored, treated, or disposed within
the site where such wastes are generated, or (ii) a
facility located in a county with a population over 700,000
as of January 1, 2000, operated and located in accordance
with Section 22.38 of this Act, and used exclusively for
the transfer, storage, or treatment of general
construction or demolition debris, provided that the
facility was receiving construction or demolition debris
on the effective date of this amendatory Act of the 96th
General Assembly;
(2) in violation of any regulations or standards
adopted by the Board under this Act; or
(3) which receives waste after August 31, 1988, does
not have a permit issued by the Agency, and is (i) a
landfill used exclusively for the disposal of waste
generated at the site, (ii) a surface impoundment receiving
special waste not listed in an NPDES permit, (iii) a waste
pile in which the total volume of waste is greater than 100
cubic yards or the waste is stored for over one year, or
(iv) a land treatment facility receiving special waste
generated at the site; without giving notice of the
operation to the Agency by January 1, 1989, or 30 days
after the date on which the operation commences, whichever
is later, and every 3 years thereafter. The form for such
notification shall be specified by the Agency, and shall be
limited to information regarding: the name and address of
the location of the operation; the type of operation; the
types and amounts of waste stored, treated or disposed of
on an annual basis; the remaining capacity of the
operation; and the remaining expected life of the
operation.
Item (3) of this subsection (d) shall not apply to any
person engaged in agricultural activity who is disposing of a
substance that constitutes solid waste, if the substance was
acquired for use by that person on his own property, and the
substance is disposed of on his own property in accordance with
regulations or standards adopted by the Board.
This subsection (d) shall not apply to hazardous waste.
(e) Dispose, treat, store or abandon any waste, or
transport any waste into this State for disposal, treatment,
storage or abandonment, except at a site or facility which
meets the requirements of this Act and of regulations and
standards thereunder.
(f) Conduct any hazardous waste-storage, hazardous
waste-treatment or hazardous waste-disposal operation:
(1) without a RCRA permit for the site issued by the
Agency under subsection (d) of Section 39 of this Act, or
in violation of any condition imposed by such permit,
including periodic reports and full access to adequate
records and the inspection of facilities, as may be
necessary to assure compliance with this Act and with
regulations and standards adopted thereunder; or
(2) in violation of any regulations or standards
adopted by the Board under this Act; or
(3) in violation of any RCRA permit filing requirement
established under standards adopted by the Board under this
Act; or
(4) in violation of any order adopted by the Board
under this Act.
Notwithstanding the above, no RCRA permit shall be required
under this subsection or subsection (d) of Section 39 of this
Act for any person engaged in agricultural activity who is
disposing of a substance which has been identified as a
hazardous waste, and which has been designated by Board
regulations as being subject to this exception, if the
substance was acquired for use by that person on his own
property and the substance is disposed of on his own property
in accordance with regulations or standards adopted by the
Board.
(g) Conduct any hazardous waste-transportation operation:
(1) without registering with and obtaining a special
waste hauling permit from the Agency in accordance with the
regulations adopted by the Board under this Act; or
(2) in violation of any regulations or standards
adopted by the Board under this Act.
(h) Conduct any hazardous waste-recycling or hazardous
waste-reclamation or hazardous waste-reuse operation in
violation of any regulations, standards or permit requirements
adopted by the Board under this Act.
(i) Conduct any process or engage in any act which produces
hazardous waste in violation of any regulations or standards
adopted by the Board under subsections (a) and (c) of Section
22.4 of this Act.
(j) Conduct any special waste transportation operation in
violation of any regulations, standards or permit requirements
adopted by the Board under this Act. However, sludge from a
water or sewage treatment plant owned and operated by a unit of
local government which (1) is subject to a sludge management
plan approved by the Agency or a permit granted by the Agency,
and (2) has been tested and determined not to be a hazardous
waste as required by applicable State and federal laws and
regulations, may be transported in this State without a special
waste hauling permit, and the preparation and carrying of a
manifest shall not be required for such sludge under the rules
of the Pollution Control Board. The unit of local government
which operates the treatment plant producing such sludge shall
file an annual a semiannual report with the Agency identifying
the volume of such sludge transported during the reporting
period, the hauler of the sludge, and the disposal sites to
which it was transported. This subsection (j) shall not apply
to hazardous waste.
(k) Fail or refuse to pay any fee imposed under this Act.
(l) Locate a hazardous waste disposal site above an active
or inactive shaft or tunneled mine or within 2 miles of an
active fault in the earth's crust. In counties of population
less than 225,000 no hazardous waste disposal site shall be
located (1) within 1 1/2 miles of the corporate limits as
defined on June 30, 1978, of any municipality without the
approval of the governing body of the municipality in an
official action; or (2) within 1000 feet of an existing private
well or the existing source of a public water supply measured
from the boundary of the actual active permitted site and
excluding existing private wells on the property of the permit
applicant. The provisions of this subsection do not apply to
publicly-owned sewage works or the disposal or utilization of
sludge from publicly-owned sewage works.
(m) Transfer interest in any land which has been used as a
hazardous waste disposal site without written notification to
the Agency of the transfer and to the transferee of the
conditions imposed by the Agency upon its use under subsection
(g) of Section 39.
(n) Use any land which has been used as a hazardous waste
disposal site except in compliance with conditions imposed by
the Agency under subsection (g) of Section 39.
(o) Conduct a sanitary landfill operation which is required
to have a permit under subsection (d) of this Section, in a
manner which results in any of the following conditions:
(1) refuse in standing or flowing waters;
(2) leachate flows entering waters of the State;
(3) leachate flows exiting the landfill confines (as
determined by the boundaries established for the landfill
by a permit issued by the Agency);
(4) open burning of refuse in violation of Section 9 of
this Act;
(5) uncovered refuse remaining from any previous
operating day or at the conclusion of any operating day,
unless authorized by permit;
(6) failure to provide final cover within time limits
established by Board regulations;
(7) acceptance of wastes without necessary permits;
(8) scavenging as defined by Board regulations;
(9) deposition of refuse in any unpermitted portion of
the landfill;
(10) acceptance of a special waste without a required
manifest;
(11) failure to submit reports required by permits or
Board regulations;
(12) failure to collect and contain litter from the
site by the end of each operating day;
(13) failure to submit any cost estimate for the site
or any performance bond or other security for the site as
required by this Act or Board rules.
The prohibitions specified in this subsection (o) shall be
enforceable by the Agency either by administrative citation
under Section 31.1 of this Act or as otherwise provided by this
Act. The specific prohibitions in this subsection do not limit
the power of the Board to establish regulations or standards
applicable to sanitary landfills.
(p) In violation of subdivision (a) of this Section, cause
or allow the open dumping of any waste in a manner which
results in any of the following occurrences at the dump site:
(1) litter;
(2) scavenging;
(3) open burning;
(4) deposition of waste in standing or flowing waters;
(5) proliferation of disease vectors;
(6) standing or flowing liquid discharge from the dump
site;
(7) deposition of:
(i) general construction or demolition debris as
defined in Section 3.160(a) of this Act; or
(ii) clean construction or demolition debris as
defined in Section 3.160(b) of this Act.
The prohibitions specified in this subsection (p) shall be
enforceable by the Agency either by administrative citation
under Section 31.1 of this Act or as otherwise provided by this
Act. The specific prohibitions in this subsection do not limit
the power of the Board to establish regulations or standards
applicable to open dumping.
(q) Conduct a landscape waste composting operation without
an Agency permit, provided, however, that no permit shall be
required for any person:
(1) conducting a landscape waste composting operation
for landscape wastes generated by such person's own
activities which are stored, treated, or disposed of within
the site where such wastes are generated; or
(1.5) conducting a landscape waste composting
operation that (i) has no more than 25 cubic yards of
landscape waste, composting additives, composting
material, or end-product compost on-site at any one time
and (ii) is not engaging in commercial activity; or
(2) applying landscape waste or composted landscape
waste at agronomic rates; or
(2.5) operating a landscape waste composting facility
at a site having 10 or more occupied non-farm residences
within 1/2 mile of its boundaries, if the facility meets
all of the following criteria:
(A) the composting facility is operated by the
farmer on property on which the composting material is
utilized, and the composting facility constitutes no
more than 2% of the site's total acreage;
(A-5) any composting additives that the composting
facility accepts and uses at the facility are necessary
to provide proper conditions for composting and do not
exceed 10% of the total composting material at the
facility at any one time;
(B) the property on which the composting facility
is located, and any associated property on which the
compost is used, is principally and diligently devoted
to the production of agricultural crops and is not
owned, leased, or otherwise controlled by any waste
hauler or generator of nonagricultural compost
materials, and the operator of the composting facility
is not an employee, partner, shareholder, or in any way
connected with or controlled by any such waste hauler
or generator;
(C) all compost generated by the composting
facility is applied at agronomic rates and used as
mulch, fertilizer, or soil conditioner on land
actually farmed by the person operating the composting
facility, and the finished compost is not stored at the
composting site for a period longer than 18 months
prior to its application as mulch, fertilizer, or soil
conditioner;
(D) no fee is charged for the acceptance of
materials to be composted at the facility; and
(E) the owner or operator, by January 1, 2014 (or
the January 1 following commencement of operation,
whichever is later) and January 1 of each year
thereafter, registers the site with the Agency, (ii)
reports to the Agency on the volume of composting
material received and used at the site; (iii) certifies
to the Agency that the site complies with the
requirements set forth in subparagraphs (A), (A-5),
(B), (C), and (D) of this paragraph (2.5); and (iv)
certifies to the Agency that all composting material
was placed more than 200 feet from the nearest potable
water supply well, was placed outside the boundary of
the 10-year floodplain or on a part of the site that is
floodproofed, was placed at least 1/4 mile from the
nearest residence (other than a residence located on
the same property as the facility) or a lesser distance
from the nearest residence (other than a residence
located on the same property as the facility) if the
municipality in which the facility is located has by
ordinance approved a lesser distance than 1/4 mile, and
was placed more than 5 feet above the water table; any
ordinance approving a residential setback of less than
1/4 mile that is used to meet the requirements of this
subparagraph (E) of paragraph (2.5) of this subsection
must specifically reference this paragraph; or
(3) operating a landscape waste composting facility on
a farm, if the facility meets all of the following
criteria:
(A) the composting facility is operated by the
farmer on property on which the composting material is
utilized, and the composting facility constitutes no
more than 2% of the property's total acreage, except
that the Board may allow a higher percentage for
individual sites where the owner or operator has
demonstrated to the Board that the site's soil
characteristics or crop needs require a higher rate;
(A-1) the composting facility accepts from other
agricultural operations for composting with landscape
waste no materials other than uncontaminated and
source-separated (i) crop residue and other
agricultural plant residue generated from the
production and harvesting of crops and other customary
farm practices, including, but not limited to, stalks,
leaves, seed pods, husks, bagasse, and roots and (ii)
plant-derived animal bedding, such as straw or
sawdust, that is free of manure and was not made from
painted or treated wood;
(A-2) any composting additives that the composting
facility accepts and uses at the facility are necessary
to provide proper conditions for composting and do not
exceed 10% of the total composting material at the
facility at any one time;
(B) the property on which the composting facility
is located, and any associated property on which the
compost is used, is principally and diligently devoted
to the production of agricultural crops and is not
owned, leased or otherwise controlled by any waste
hauler or generator of nonagricultural compost
materials, and the operator of the composting facility
is not an employee, partner, shareholder, or in any way
connected with or controlled by any such waste hauler
or generator;
(C) all compost generated by the composting
facility is applied at agronomic rates and used as
mulch, fertilizer or soil conditioner on land actually
farmed by the person operating the composting
facility, and the finished compost is not stored at the
composting site for a period longer than 18 months
prior to its application as mulch, fertilizer, or soil
conditioner;
(D) the owner or operator, by January 1 of each
year, (i) registers the site with the Agency, (ii)
reports to the Agency on the volume of composting
material received and used at the site, (iii) certifies
to the Agency that the site complies with the
requirements set forth in subparagraphs (A), (A-1),
(A-2), (B), and (C) of this paragraph (q)(3), and (iv)
certifies to the Agency that all composting material:
(I) was placed more than 200 feet from the
nearest potable water supply well;
(II) was placed outside the boundary of the
10-year floodplain or on a part of the site that is
floodproofed;
(III) was placed either (aa) at least 1/4 mile
from the nearest residence (other than a residence
located on the same property as the facility) and
there are not more than 10 occupied non-farm
residences within 1/2 mile of the boundaries of the
site on the date of application or (bb) a lesser
distance from the nearest residence (other than a
residence located on the same property as the
facility) provided that the municipality or county
in which the facility is located has by ordinance
approved a lesser distance than 1/4 mile and there
are not more than 10 occupied non-farm residences
within 1/2 mile of the boundaries of the site on
the date of application; and
(IV) was placed more than 5 feet above the
water table.
Any ordinance approving a residential setback of
less than 1/4 mile that is used to meet the
requirements of this subparagraph (D) must
specifically reference this subparagraph.
For the purposes of this subsection (q), "agronomic rates"
means the application of not more than 20 tons per acre per
year, except that the Board may allow a higher rate for
individual sites where the owner or operator has demonstrated
to the Board that the site's soil characteristics or crop needs
require a higher rate.
(r) Cause or allow the storage or disposal of coal
combustion waste unless:
(1) such waste is stored or disposed of at a site or
facility for which a permit has been obtained or is not
otherwise required under subsection (d) of this Section; or
(2) such waste is stored or disposed of as a part of
the design and reclamation of a site or facility which is
an abandoned mine site in accordance with the Abandoned
Mined Lands and Water Reclamation Act; or
(3) such waste is stored or disposed of at a site or
facility which is operating under NPDES and Subtitle D
permits issued by the Agency pursuant to regulations
adopted by the Board for mine-related water pollution and
permits issued pursuant to the Federal Surface Mining
Control and Reclamation Act of 1977 (P.L. 95-87) or the
rules and regulations thereunder or any law or rule or
regulation adopted by the State of Illinois pursuant
thereto, and the owner or operator of the facility agrees
to accept the waste; and either
(i) such waste is stored or disposed of in
accordance with requirements applicable to refuse
disposal under regulations adopted by the Board for
mine-related water pollution and pursuant to NPDES and
Subtitle D permits issued by the Agency under such
regulations; or
(ii) the owner or operator of the facility
demonstrates all of the following to the Agency, and
the facility is operated in accordance with the
demonstration as approved by the Agency: (1) the
disposal area will be covered in a manner that will
support continuous vegetation, (2) the facility will
be adequately protected from wind and water erosion,
(3) the pH will be maintained so as to prevent
excessive leaching of metal ions, and (4) adequate
containment or other measures will be provided to
protect surface water and groundwater from
contamination at levels prohibited by this Act, the
Illinois Groundwater Protection Act, or regulations
adopted pursuant thereto.
Notwithstanding any other provision of this Title, the
disposal of coal combustion waste pursuant to item (2) or (3)
of this subdivision (r) shall be exempt from the other
provisions of this Title V, and notwithstanding the provisions
of Title X of this Act, the Agency is authorized to grant
experimental permits which include provision for the disposal
of wastes from the combustion of coal and other materials
pursuant to items (2) and (3) of this subdivision (r).
(s) After April 1, 1989, offer for transportation,
transport, deliver, receive or accept special waste for which a
manifest is required, unless the manifest indicates that the
fee required under Section 22.8 of this Act has been paid.
(t) Cause or allow a lateral expansion of a municipal solid
waste landfill unit on or after October 9, 1993, without a
permit modification, granted by the Agency, that authorizes the
lateral expansion.
(u) Conduct any vegetable by-product treatment, storage,
disposal or transportation operation in violation of any
regulation, standards or permit requirements adopted by the
Board under this Act. However, no permit shall be required
under this Title V for the land application of vegetable
by-products conducted pursuant to Agency permit issued under
Title III of this Act to the generator of the vegetable
by-products. In addition, vegetable by-products may be
transported in this State without a special waste hauling
permit, and without the preparation and carrying of a manifest.
(v) (Blank).
(w) Conduct any generation, transportation, or recycling
of construction or demolition debris, clean or general, or
uncontaminated soil generated during construction, remodeling,
repair, and demolition of utilities, structures, and roads that
is not commingled with any waste, without the maintenance of
documentation identifying the hauler, generator, place of
origin of the debris or soil, the weight or volume of the
debris or soil, and the location, owner, and operator of the
facility where the debris or soil was transferred, disposed,
recycled, or treated. This documentation must be maintained by
the generator, transporter, or recycler for 3 years. This
subsection (w) shall not apply to (1) a permitted pollution
control facility that transfers or accepts construction or
demolition debris, clean or general, or uncontaminated soil for
final disposal, recycling, or treatment, (2) a public utility
(as that term is defined in the Public Utilities Act) or a
municipal utility, (3) the Illinois Department of
Transportation, or (4) a municipality or a county highway
department, with the exception of any municipality or county
highway department located within a county having a population
of over 3,000,000 inhabitants or located in a county that is
contiguous to a county having a population of over 3,000,000
inhabitants; but it shall apply to an entity that contracts
with a public utility, a municipal utility, the Illinois
Department of Transportation, or a municipality or a county
highway department. The terms "generation" and "recycling" as
used in this subsection do not apply to clean construction or
demolition debris when (i) used as fill material below grade
outside of a setback zone if covered by sufficient
uncontaminated soil to support vegetation within 30 days of the
completion of filling or if covered by a road or structure,
(ii) solely broken concrete without protruding metal bars is
used for erosion control, or (iii) milled asphalt or crushed
concrete is used as aggregate in construction of the shoulder
of a roadway. The terms "generation" and "recycling", as used
in this subsection, do not apply to uncontaminated soil that is
not commingled with any waste when (i) used as fill material
below grade or contoured to grade, or (ii) used at the site of
generation.
(Source: P.A. 97-220, eff. 7-28-11; 98-239, eff. 8-9-13;
98-484, eff. 8-16-13; 98-756, eff. 7-16-14.)
(415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
Sec. 22.15. Solid Waste Management Fund; fees.
(a) There is hereby created within the State Treasury a
special fund to be known as the "Solid Waste Management Fund",
to be constituted from the fees collected by the State pursuant
to this Section and from repayments of loans made from the Fund
for solid waste projects. Moneys received by the Department of
Commerce and Economic Opportunity in repayment of loans made
pursuant to the Illinois Solid Waste Management Act shall be
deposited into the General Revenue Fund.
(b) The Agency shall assess and collect a fee in the amount
set forth herein from the owner or operator of each sanitary
landfill permitted or required to be permitted by the Agency to
dispose of solid waste if the sanitary landfill is located off
the site where such waste was produced and if such sanitary
landfill is owned, controlled, and operated by a person other
than the generator of such waste. The Agency shall deposit all
fees collected into the Solid Waste Management Fund. If a site
is contiguous to one or more landfills owned or operated by the
same person, the volumes permanently disposed of by each
landfill shall be combined for purposes of determining the fee
under this subsection.
(1) If more than 150,000 cubic yards of non-hazardous
solid waste is permanently disposed of at a site in a
calendar year, the owner or operator shall either pay a fee
of 95 cents per cubic yard or, alternatively, the owner or
operator may weigh the quantity of the solid waste
permanently disposed of with a device for which
certification has been obtained under the Weights and
Measures Act and pay a fee of $2.00 per ton of solid waste
permanently disposed of. In no case shall the fee collected
or paid by the owner or operator under this paragraph
exceed $1.55 per cubic yard or $3.27 per ton.
(2) If more than 100,000 cubic yards but not more than
150,000 cubic yards of non-hazardous waste is permanently
disposed of at a site in a calendar year, the owner or
operator shall pay a fee of $52,630.
(3) If more than 50,000 cubic yards but not more than
100,000 cubic yards of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $23,790.
(4) If more than 10,000 cubic yards but not more than
50,000 cubic yards of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $7,260.
(5) If not more than 10,000 cubic yards of
non-hazardous solid waste is permanently disposed of at a
site in a calendar year, the owner or operator shall pay a
fee of $1050.
(c) (Blank).
(d) The Agency shall establish rules relating to the
collection of the fees authorized by this Section. Such rules
shall include, but not be limited to:
(1) necessary records identifying the quantities of
solid waste received or disposed;
(2) the form and submission of reports to accompany the
payment of fees to the Agency;
(3) the time and manner of payment of fees to the
Agency, which payments shall not be more often than
quarterly; and
(4) procedures setting forth criteria establishing
when an owner or operator may measure by weight or volume
during any given quarter or other fee payment period.
(e) Pursuant to appropriation, all monies in the Solid
Waste Management Fund shall be used by the Agency and the
Department of Commerce and Economic Opportunity for the
purposes set forth in this Section and in the Illinois Solid
Waste Management Act, including for the costs of fee collection
and administration.
(f) The Agency is authorized to enter into such agreements
and to promulgate such rules as are necessary to carry out its
duties under this Section and the Illinois Solid Waste
Management Act.
(g) On the first day of January, April, July, and October
of each year, beginning on July 1, 1996, the State Comptroller
and Treasurer shall transfer $500,000 from the Solid Waste
Management Fund to the Hazardous Waste Fund. Moneys transferred
under this subsection (g) shall be used only for the purposes
set forth in item (1) of subsection (d) of Section 22.2.
(h) The Agency is authorized to provide financial
assistance to units of local government for the performance of
inspecting, investigating and enforcement activities pursuant
to Section 4(r) at nonhazardous solid waste disposal sites.
(i) The Agency is authorized to support the operations of
an industrial materials exchange service, and to conduct
household waste collection and disposal programs.
(j) A unit of local government, as defined in the Local
Solid Waste Disposal Act, in which a solid waste disposal
facility is located may establish a fee, tax, or surcharge with
regard to the permanent disposal of solid waste. All fees,
taxes, and surcharges collected under this subsection shall be
utilized for solid waste management purposes, including
long-term monitoring and maintenance of landfills, planning,
implementation, inspection, enforcement and other activities
consistent with the Solid Waste Management Act and the Local
Solid Waste Disposal Act, or for any other environment-related
purpose, including but not limited to an environment-related
public works project, but not for the construction of a new
pollution control facility other than a household hazardous
waste facility. However, the total fee, tax or surcharge
imposed by all units of local government under this subsection
(j) upon the solid waste disposal facility shall not exceed:
(1) 60 per cubic yard if more than 150,000 cubic yards
of non-hazardous solid waste is permanently disposed of at
the site in a calendar year, unless the owner or operator
weighs the quantity of the solid waste received with a
device for which certification has been obtained under the
Weights and Measures Act, in which case the fee shall not
exceed $1.27 per ton of solid waste permanently disposed
of.
(2) $33,350 if more than 100,000 cubic yards, but not
more than 150,000 cubic yards, of non-hazardous waste is
permanently disposed of at the site in a calendar year.
(3) $15,500 if more than 50,000 cubic yards, but not
more than 100,000 cubic yards, of non-hazardous solid waste
is permanently disposed of at the site in a calendar year.
(4) $4,650 if more than 10,000 cubic yards, but not
more than 50,000 cubic yards, of non-hazardous solid waste
is permanently disposed of at the site in a calendar year.
(5) $$650 if not more than 10,000 cubic yards of
non-hazardous solid waste is permanently disposed of at the
site in a calendar year.
The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse a
highway commissioner whose road district lies wholly or
partially within the corporate limits of the unit of local
government for expenses incurred in the removal of
nonhazardous, nonfluid municipal waste that has been dumped on
public property in violation of a State law or local ordinance.
A county or Municipal Joint Action Agency that imposes a
fee, tax, or surcharge under this subsection may use the
proceeds thereof to reimburse a municipality that lies wholly
or partially within its boundaries for expenses incurred in the
removal of nonhazardous, nonfluid municipal waste that has been
dumped on public property in violation of a State law or local
ordinance.
If the fees are to be used to conduct a local sanitary
landfill inspection or enforcement program, the unit of local
government must enter into a written delegation agreement with
the Agency pursuant to subsection (r) of Section 4. The unit of
local government and the Agency shall enter into such a written
delegation agreement within 60 days after the establishment of
such fees. At least annually, the Agency shall conduct an audit
of the expenditures made by units of local government from the
funds granted by the Agency to the units of local government
for purposes of local sanitary landfill inspection and
enforcement programs, to ensure that the funds have been
expended for the prescribed purposes under the grant.
The fees, taxes or surcharges collected under this
subsection (j) shall be placed by the unit of local government
in a separate fund, and the interest received on the moneys in
the fund shall be credited to the fund. The monies in the fund
may be accumulated over a period of years to be expended in
accordance with this subsection.
A unit of local government, as defined in the Local Solid
Waste Disposal Act, shall prepare and distribute to the Agency,
in April of each year, a report that details spending plans for
monies collected in accordance with this subsection. The report
will at a minimum include the following:
(1) The total monies collected pursuant to this
subsection.
(2) The most current balance of monies collected
pursuant to this subsection.
(3) An itemized accounting of all monies expended for
the previous year pursuant to this subsection.
(4) An estimation of monies to be collected for the
following 3 years pursuant to this subsection.
(5) A narrative detailing the general direction and
scope of future expenditures for one, 2 and 3 years.
The exemptions granted under Sections 22.16 and 22.16a, and
under subsection (k) of this Section, shall be applicable to
any fee, tax or surcharge imposed under this subsection (j);
except that the fee, tax or surcharge authorized to be imposed
under this subsection (j) may be made applicable by a unit of
local government to the permanent disposal of solid waste after
December 31, 1986, under any contract lawfully executed before
June 1, 1986 under which more than 150,000 cubic yards (or
50,000 tons) of solid waste is to be permanently disposed of,
even though the waste is exempt from the fee imposed by the
State under subsection (b) of this Section pursuant to an
exemption granted under Section 22.16.
(k) In accordance with the findings and purposes of the
Illinois Solid Waste Management Act, beginning January 1, 1989
the fee under subsection (b) and the fee, tax or surcharge
under subsection (j) shall not apply to:
(1) Waste which is hazardous waste; or
(2) Waste which is pollution control waste; or
(3) Waste from recycling, reclamation or reuse
processes which have been approved by the Agency as being
designed to remove any contaminant from wastes so as to
render such wastes reusable, provided that the process
renders at least 50% of the waste reusable; or
(4) Non-hazardous solid waste that is received at a
sanitary landfill and composted or recycled through a
process permitted by the Agency; or
(5) Any landfill which is permitted by the Agency to
receive only demolition or construction debris or
landscape waste.
(Source: P.A. 97-333, eff. 8-12-11.)
(415 ILCS 5/22.28) (from Ch. 111 1/2, par. 1022.28)
Sec. 22.28. White goods.
(a) No Beginning July 1, 1994, no person shall knowingly
offer for collection or collect white goods for the purpose of
disposal by landfilling unless the white good components have
been removed.
(b) No Beginning July 1, 1994, no owner or operator of a
landfill shall accept any white goods for final disposal,
except that white goods may be accepted if:
(1) (blank); the landfill participates in the
Industrial Materials Exchange Service by communicating the
availability of white goods;
(2) prior to final disposal, any white good components
have been removed from the white goods; and
(3) if white good components are removed from the white
goods at the landfill, a site operating plan satisfying
this Act has been approved under the landfill's site
operating permit and the conditions of the such operating
plan are met.
(c) For the purposes of this Section:
(1) "White goods" shall include all discarded
refrigerators, ranges, water heaters, freezers, air
conditioners, humidifiers and other similar domestic and
commercial large appliances.
(2) "White good components" shall include:
(i) any chlorofluorocarbon refrigerant gas;
(ii) any electrical switch containing mercury;
(iii) any device that contains or may contain PCBs
in a closed system, such as a dielectric fluid for a
capacitor, ballast or other component; and
(iv) any fluorescent lamp that contains mercury.
(d) The Agency is authorized to provide financial
assistance to units of local government from the Solid Waste
Management Fund to plan for and implement programs to collect,
transport and manage white goods. Units of local government may
apply jointly for financial assistance under this Section.
Applications for such financial assistance shall be
submitted to the Agency and must provide a description of:
(A) the area to be served by the program;
(B) the white goods intended to be included in the
program;
(C) the methods intended to be used for collecting
and receiving materials;
(D) the property, buildings, equipment and
personnel included in the program;
(E) the public education systems to be used as part
of the program;
(F) the safety and security systems that will be
used;
(G) the intended processing methods for each white
goods type;
(H) the intended destination for final material
handling location; and
(I) any staging sites used to handle collected
materials, the activities to be performed at such sites
and the procedures for assuring removal of collected
materials from such sites.
The application may be amended to reflect changes in
operating procedures, destinations for collected materials, or
other factors.
Financial assistance shall be awarded for a State fiscal
year, and may be renewed, upon application, if the Agency
approves the operation of the program.
(e) All materials collected or received under a program
operated with financial assistance under this Section shall be
recycled whenever possible. Treatment or disposal of collected
materials are not eligible for financial assistance unless the
applicant shows and the Agency approves which materials may be
treated or disposed of under various conditions.
Any revenue from the sale of materials collected under such
a program shall be retained by the unit of local government and
may be used only for the same purposes as the financial
assistance under this Section.
(f) The Agency is authorized to adopt rules necessary or
appropriate to the administration of this Section.
(g) (Blank).
(Source: P.A. 91-798, eff. 7-9-00; revised 10-6-16.)
(415 ILCS 5/22.29) (from Ch. 111 1/2, par. 1022.29)
Sec. 22.29. (a) Except as provided in subsection (c), any
waste material generated by processing recyclable metals by
shredding shall be managed as a special waste unless (1) a site
operating plan has been approved by the Agency and the
conditions of such operating plan are met; and (2) the facility
participates in the Industrial Materials Exchange Service by
communicating availability to process recyclable metals.
(b) An operating plan submitted to the Agency under this
Section shall include the following concerning recyclable
metals processing and components which may contaminate waste
from shredding recyclable metals (such as lead acid batteries,
fuel tanks, or components that contain or may contain PCB's in
a closed system such as a capacitor or ballast):
(1) procedures for inspecting recyclable metals when
received to assure that such components are identified;
(2) a list of equipment and removal procedures to be
used to assure proper removal of such components;
(3) procedures for safe storage of such components
after removal and any waste materials;
(4) procedures to assure that such components and waste
materials will only be stored for a period long enough to
accumulate the proper quantities for off-site
transportation;
(5) identification of how such components and waste
materials will be managed after removal from the site to
assure proper handling and disposal;
(6) procedures for sampling and analyzing waste
intended for disposal or off-site handling as a waste;
(7) a demonstration, including analytical reports,
that any waste generated is not a hazardous waste and will
not pose a present or potential threat to human health or
the environment.
(c) Any waste generated as a result of processing
recyclable metals by shredding which is determined to be
hazardous waste shall be managed as a hazardous waste.
(d) The Agency is authorized to adopt rules necessary or
appropriate to the administration of this Section.
(Source: P.A. 87-806; 87-895.)
(415 ILCS 5/39.5) (from Ch. 111 1/2, par. 1039.5)
Sec. 39.5. Clean Air Act Permit Program.
1. Definitions. For purposes of this Section:
"Administrative permit amendment" means a permit revision
subject to subsection 13 of this Section.
"Affected source for acid deposition" means a source that
includes one or more affected units under Title IV of the Clean
Air Act.
"Affected States" for purposes of formal distribution of a
draft CAAPP permit to other States for comments prior to
issuance, means all States:
(1) Whose air quality may be affected by the source
covered by the draft permit and that are contiguous to
Illinois; or
(2) That are within 50 miles of the source.
"Affected unit for acid deposition" shall have the meaning
given to the term "affected unit" in the regulations
promulgated under Title IV of the Clean Air Act.
"Applicable Clean Air Act requirement" means all of the
following as they apply to emissions units in a source
(including regulations that have been promulgated or approved
by USEPA pursuant to the Clean Air Act which directly impose
requirements upon a source and other such federal requirements
which have been adopted by the Board. These may include
requirements and regulations which have future effective
compliance dates. Requirements and regulations will be exempt
if USEPA determines that such requirements need not be
contained in a Title V permit):
(1) Any standard or other requirement provided for in
the applicable state implementation plan approved or
promulgated by USEPA under Title I of the Clean Air Act
that implements the relevant requirements of the Clean Air
Act, including any revisions to the state Implementation
Plan promulgated in 40 CFR Part 52, Subparts A and O and
other subparts applicable to Illinois. For purposes of this
paragraph (1) of this definition, "any standard or other
requirement" means only such standards or requirements
directly enforceable against an individual source under
the Clean Air Act.
(2)(i) Any term or condition of any preconstruction
permits issued pursuant to regulations approved or
promulgated by USEPA under Title I of the Clean Air
Act, including Part C or D of the Clean Air Act.
(ii) Any term or condition as required pursuant to
Section 39.5 of any federally enforceable State
operating permit issued pursuant to regulations
approved or promulgated by USEPA under Title I of the
Clean Air Act, including Part C or D of the Clean Air
Act.
(3) Any standard or other requirement under Section 111
of the Clean Air Act, including Section 111(d).
(4) Any standard or other requirement under Section 112
of the Clean Air Act, including any requirement concerning
accident prevention under Section 112(r)(7) of the Clean
Air Act.
(5) Any standard or other requirement of the acid rain
program under Title IV of the Clean Air Act or the
regulations promulgated thereunder.
(6) Any requirements established pursuant to Section
504(b) or Section 114(a)(3) of the Clean Air Act.
(7) Any standard or other requirement governing solid
waste incineration, under Section 129 of the Clean Air Act.
(8) Any standard or other requirement for consumer and
commercial products, under Section 183(e) of the Clean Air
Act.
(9) Any standard or other requirement for tank vessels,
under Section 183(f) of the Clean Air Act.
(10) Any standard or other requirement of the program
to control air pollution from Outer Continental Shelf
sources, under Section 328 of the Clean Air Act.
(11) Any standard or other requirement of the
regulations promulgated to protect stratospheric ozone
under Title VI of the Clean Air Act, unless USEPA has
determined that such requirements need not be contained in
a Title V permit.
(12) Any national ambient air quality standard or
increment or visibility requirement under Part C of Title I
of the Clean Air Act, but only as it would apply to
temporary sources permitted pursuant to Section 504(e) of
the Clean Air Act.
"Applicable requirement" means all applicable Clean Air
Act requirements and any other standard, limitation, or other
requirement contained in this Act or regulations promulgated
under this Act as applicable to sources of air contaminants
(including requirements that have future effective compliance
dates).
"CAAPP" means the Clean Air Act Permit Program, developed
pursuant to Title V of the Clean Air Act.
"CAAPP application" means an application for a CAAPP
permit.
"CAAPP Permit" or "permit" (unless the context suggests
otherwise) means any permit issued, renewed, amended, modified
or revised pursuant to Title V of the Clean Air Act.
"CAAPP source" means any source for which the owner or
operator is required to obtain a CAAPP permit pursuant to
subsection 2 of this Section.
"Clean Air Act" means the Clean Air Act, as now and
hereafter amended, 42 U.S.C. 7401, et seq.
"Designated representative" has the meaning given to it in
Section 402(26) of the Clean Air Act and the regulations
promulgated thereunder, which state that the term "designated
representative" means a responsible person or official
authorized by the owner or operator of a unit to represent the
owner or operator in all matters pertaining to the holding,
transfer, or disposition of allowances allocated to a unit, and
the submission of and compliance with permits, permit
applications, and compliance plans for the unit.
"Draft CAAPP permit" means the version of a CAAPP permit
for which public notice and an opportunity for public comment
and hearing is offered by the Agency.
"Effective date of the CAAPP" means the date that USEPA
approves Illinois' CAAPP.
"Emission unit" means any part or activity of a stationary
source that emits or has the potential to emit any air
pollutant. This term is not meant to alter or affect the
definition of the term "unit" for purposes of Title IV of the
Clean Air Act.
"Federally enforceable" means enforceable by USEPA.
"Final permit action" means the Agency's granting with
conditions, refusal to grant, renewal of, or revision of a
CAAPP permit, the Agency's determination of incompleteness of a
submitted CAAPP application, or the Agency's failure to act on
an application for a permit, permit renewal, or permit revision
within the time specified in subsection 13, subsection 14, or
paragraph (j) of subsection 5 of this Section.
"General permit" means a permit issued to cover numerous
similar sources in accordance with subsection 11 of this
Section.
"Major source" means a source for which emissions of one or
more air pollutants meet the criteria for major status pursuant
to paragraph (c) of subsection 2 of this Section.
"Maximum achievable control technology" or "MACT" means
the maximum degree of reductions in emissions deemed achievable
under Section 112 of the Clean Air Act.
"Owner or operator" means any person who owns, leases,
operates, controls, or supervises a stationary source.
"Permit modification" means a revision to a CAAPP permit
that cannot be accomplished under the provisions for
administrative permit amendments under subsection 13 of this
Section.
"Permit revision" means a permit modification or
administrative permit amendment.
"Phase II" means the period of the national acid rain
program, established under Title IV of the Clean Air Act,
beginning January 1, 2000, and continuing thereafter.
"Phase II acid rain permit" means the portion of a CAAPP
permit issued, renewed, modified, or revised by the Agency
during Phase II for an affected source for acid deposition.
"Potential to emit" means the maximum capacity of a
stationary source to emit any air pollutant under its physical
and operational design. Any physical or operational limitation
on the capacity of a source to emit an air pollutant, including
air pollution control equipment and restrictions on hours of
operation or on the type or amount of material combusted,
stored, or processed, shall be treated as part of its design if
the limitation is enforceable by USEPA. This definition does
not alter or affect the use of this term for any other purposes
under the Clean Air Act, or the term "capacity factor" as used
in Title IV of the Clean Air Act or the regulations promulgated
thereunder.
"Preconstruction Permit" or "Construction Permit" means a
permit which is to be obtained prior to commencing or beginning
actual construction or modification of a source or emissions
unit.
"Proposed CAAPP permit" means the version of a CAAPP permit
that the Agency proposes to issue and forwards to USEPA for
review in compliance with applicable requirements of the Act
and regulations promulgated thereunder.
"Regulated air pollutant" means the following:
(1) Nitrogen oxides (NOx) or any volatile organic
compound.
(2) Any pollutant for which a national ambient air
quality standard has been promulgated.
(3) Any pollutant that is subject to any standard
promulgated under Section 111 of the Clean Air Act.
(4) Any Class I or II substance subject to a standard
promulgated under or established by Title VI of the Clean
Air Act.
(5) Any pollutant subject to a standard promulgated
under Section 112 or other requirements established under
Section 112 of the Clean Air Act, including Sections
112(g), (j) and (r).
(i) Any pollutant subject to requirements under
Section 112(j) of the Clean Air Act. Any pollutant
listed under Section 112(b) for which the subject
source would be major shall be considered to be
regulated 18 months after the date on which USEPA was
required to promulgate an applicable standard pursuant
to Section 112(e) of the Clean Air Act, if USEPA fails
to promulgate such standard.
(ii) Any pollutant for which the requirements of
Section 112(g)(2) of the Clean Air Act have been met,
but only with respect to the individual source subject
to Section 112(g)(2) requirement.
(6) Greenhouse gases.
"Renewal" means the process by which a permit is reissued
at the end of its term.
"Responsible official" means one of the following:
(1) For a corporation: a president, secretary,
treasurer, or vice-president of the corporation in charge
of a principal business function, or any other person who
performs similar policy or decision-making functions for
the corporation, or a duly authorized representative of
such person if the representative is responsible for the
overall operation of one or more manufacturing,
production, or operating facilities applying for or
subject to a permit and either (i) the facilities employ
more than 250 persons or have gross annual sales or
expenditures exceeding $25 million (in second quarter 1980
dollars), or (ii) the delegation of authority to such
representative is approved in advance by the Agency.
(2) For a partnership or sole proprietorship: a general
partner or the proprietor, respectively, or in the case of
a partnership in which all of the partners are
corporations, a duly authorized representative of the
partnership if the representative is responsible for the
overall operation of one or more manufacturing,
production, or operating facilities applying for or
subject to a permit and either (i) the facilities employ
more than 250 persons or have gross annual sales or
expenditures exceeding $25 million (in second quarter 1980
dollars), or (ii) the delegation of authority to such
representative is approved in advance by the Agency.
(3) For a municipality, State, Federal, or other public
agency: either a principal executive officer or ranking
elected official. For the purposes of this part, a
principal executive officer of a Federal agency includes
the chief executive officer having responsibility for the
overall operations of a principal geographic unit of the
agency (e.g., a Regional Administrator of USEPA).
(4) For affected sources for acid deposition:
(i) The designated representative shall be the
"responsible official" in so far as actions,
standards, requirements, or prohibitions under Title
IV of the Clean Air Act or the regulations promulgated
thereunder are concerned.
(ii) The designated representative may also be the
"responsible official" for any other purposes with
respect to air pollution control.
"Section 502(b)(10) changes" means changes that contravene
express permit terms. "Section 502(b)(10) changes" do not
include changes that would violate applicable requirements or
contravene federally enforceable permit terms or conditions
that are monitoring (including test methods), recordkeeping,
reporting, or compliance certification requirements.
"Solid waste incineration unit" means a distinct operating
unit of any facility which combusts any solid waste material
from commercial or industrial establishments or the general
public (including single and multiple residences, hotels, and
motels). The term does not include incinerators or other units
required to have a permit under Section 3005 of the Solid Waste
Disposal Act. The term also does not include (A) materials
recovery facilities (including primary or secondary smelters)
which combust waste for the primary purpose of recovering
metals, (B) qualifying small power production facilities, as
defined in Section 3(17)(C) of the Federal Power Act (16 U.S.C.
769(17)(C)), or qualifying cogeneration facilities, as defined
in Section 3(18)(B) of the Federal Power Act (16 U.S.C.
796(18)(B)), which burn homogeneous waste (such as units which
burn tires or used oil, but not including refuse-derived fuel)
for the production of electric energy or in the case of
qualifying cogeneration facilities which burn homogeneous
waste for the production of electric energy and steam or forms
of useful energy (such as heat) which are used for industrial,
commercial, heating or cooling purposes, or (C) air curtain
incinerators provided that such incinerators only burn wood
wastes, yard waste and clean lumber and that such air curtain
incinerators comply with opacity limitations to be established
by the USEPA by rule.
"Source" means any stationary source (or any group of
stationary sources) that is located on one or more contiguous
or adjacent properties that are under common control of the
same person (or persons under common control) and that belongs
to a single major industrial grouping. For the purposes of
defining "source," a stationary source or group of stationary
sources shall be considered part of a single major industrial
grouping if all of the pollutant emitting activities at such
source or group of sources located on contiguous or adjacent
properties and under common control belong to the same Major
Group (i.e., all have the same two-digit code) as described in
the Standard Industrial Classification Manual, 1987, or such
pollutant emitting activities at a stationary source (or group
of stationary sources) located on contiguous or adjacent
properties and under common control constitute a support
facility. The determination as to whether any group of
stationary sources is located on contiguous or adjacent
properties, and/or is under common control, and/or whether the
pollutant emitting activities at such group of stationary
sources constitute a support facility shall be made on a case
by case basis.
"Stationary source" means any building, structure,
facility, or installation that emits or may emit any regulated
air pollutant or any pollutant listed under Section 112(b) of
the Clean Air Act, except those emissions resulting directly
from an internal combustion engine for transportation purposes
or from a nonroad engine or nonroad vehicle as defined in
Section 216 of the Clean Air Act.
"Subject to regulation" has the meaning given to it in 40
CFR 70.2, as now or hereafter amended.
"Support facility" means any stationary source (or group of
stationary sources) that conveys, stores, or otherwise assists
to a significant extent in the production of a principal
product at another stationary source (or group of stationary
sources). A support facility shall be considered to be part of
the same source as the stationary source (or group of
stationary sources) that it supports regardless of the 2-digit
Standard Industrial Classification code for the support
facility.
"USEPA" means the Administrator of the United States
Environmental Protection Agency (USEPA) or a person designated
by the Administrator.
1.1. Exclusion From the CAAPP.
a. An owner or operator of a source which determines
that the source could be excluded from the CAAPP may seek
such exclusion prior to the date that the CAAPP application
for the source is due but in no case later than 9 months
after the effective date of the CAAPP through the
imposition of federally enforceable conditions limiting
the "potential to emit" of the source to a level below the
major source threshold for that source as described in
paragraph (c) of subsection 2 of this Section, within a
State operating permit issued pursuant to subsection (a) of
Section 39 of this Act. After such date, an exclusion from
the CAAPP may be sought under paragraph (c) of subsection 3
of this Section.
b. An owner or operator of a source seeking exclusion
from the CAAPP pursuant to paragraph (a) of this subsection
must submit a permit application consistent with the
existing State permit program which specifically requests
such exclusion through the imposition of such federally
enforceable conditions.
c. Upon such request, if the Agency determines that the
owner or operator of a source has met the requirements for
exclusion pursuant to paragraph (a) of this subsection and
other applicable requirements for permit issuance under
subsection (a) of Section 39 of this Act, the Agency shall
issue a State operating permit for such source under
subsection (a) of Section 39 of this Act, as amended, and
regulations promulgated thereunder with federally
enforceable conditions limiting the "potential to emit" of
the source to a level below the major source threshold for
that source as described in paragraph (c) of subsection 2
of this Section.
d. The Agency shall provide an owner or operator of a
source which may be excluded from the CAAPP pursuant to
this subsection with reasonable notice that the owner or
operator may seek such exclusion.
e. The Agency shall provide such sources with the
necessary permit application forms.
2. Applicability.
a. Sources subject to this Section shall include:
i. Any major source as defined in paragraph (c) of
this subsection.
ii. Any source subject to a standard or other
requirements promulgated under Section 111 (New Source
Performance Standards) or Section 112 (Hazardous Air
Pollutants) of the Clean Air Act, except that a source
is not required to obtain a permit solely because it is
subject to regulations or requirements under Section
112(r) of the Clean Air Act.
iii. Any affected source for acid deposition, as
defined in subsection 1 of this Section.
iv. Any other source subject to this Section under
the Clean Air Act or regulations promulgated
thereunder, or applicable Board regulations.
b. Sources exempted from this Section shall include:
i. All sources listed in paragraph (a) of this
subsection that are not major sources, affected
sources for acid deposition or solid waste
incineration units required to obtain a permit
pursuant to Section 129(e) of the Clean Air Act, until
the source is required to obtain a CAAPP permit
pursuant to the Clean Air Act or regulations
promulgated thereunder.
ii. Nonmajor sources subject to a standard or other
requirements subsequently promulgated by USEPA under
Section 111 or 112 of the Clean Air Act that are
determined by USEPA to be exempt at the time a new
standard is promulgated.
iii. All sources and source categories that would
be required to obtain a permit solely because they are
subject to Part 60, Subpart AAA - Standards of
Performance for New Residential Wood Heaters (40 CFR
Part 60).
iv. All sources and source categories that would be
required to obtain a permit solely because they are
subject to Part 61, Subpart M - National Emission
Standard for Hazardous Air Pollutants for Asbestos,
Section 61.145 (40 CFR Part 61).
v. Any other source categories exempted by USEPA
regulations pursuant to Section 502(a) of the Clean Air
Act.
vi. Major sources of greenhouse gas emissions
required to obtain a CAAPP permit under this Section if
any of the following occurs:
(A) enactment of federal legislation depriving
the Administrator of the USEPA of authority to
regulate greenhouse gases under the Clean Air Act;
(B) the issuance of any opinion, ruling,
judgment, order, or decree by a federal court
depriving the Administrator of the USEPA of
authority to regulate greenhouse gases under the
Clean Air Act; or
(C) action by the President of the United
States or the President's authorized agent,
including the Administrator of the USEPA, to
repeal or withdraw the Greenhouse Gas Tailoring
Rule (75 Fed. Reg. 31514, June 3, 2010).
If any event listed in this subparagraph (vi)
occurs, CAAPP permits issued after such event shall not
impose permit terms or conditions addressing
greenhouse gases during the effectiveness of any event
listed in subparagraph (vi). If any event listed in
this subparagraph (vi) occurs, any owner or operator
with a CAAPP permit that includes terms or conditions
addressing greenhouse gases may elect to submit an
application to the Agency to address a revision or
repeal of such terms or conditions. If any owner or
operator submits such an application, the Agency shall
expeditiously process the permit application in
accordance with applicable laws and regulations.
Nothing in this subparagraph (vi) shall relieve an
owner or operator of a source from the requirement to
obtain a CAAPP permit for its emissions of regulated
air pollutants other than greenhouse gases, as
required by this Section.
c. For purposes of this Section the term "major source"
means any source that is:
i. A major source under Section 112 of the Clean
Air Act, which is defined as:
A. For pollutants other than radionuclides,
any stationary source or group of stationary
sources located within a contiguous area and under
common control that emits or has the potential to
emit, in the aggregate, 10 tons per year (tpy) or
more of any hazardous air pollutant which has been
listed pursuant to Section 112(b) of the Clean Air
Act, 25 tpy or more of any combination of such
hazardous air pollutants, or such lesser quantity
as USEPA may establish by rule. Notwithstanding
the preceding sentence, emissions from any oil or
gas exploration or production well (with its
associated equipment) and emissions from any
pipeline compressor or pump station shall not be
aggregated with emissions from other similar
units, whether or not such units are in a
contiguous area or under common control, to
determine whether such stations are major sources.
B. For radionuclides, "major source" shall
have the meaning specified by the USEPA by rule.
ii. A major stationary source of air pollutants, as
defined in Section 302 of the Clean Air Act, that
directly emits or has the potential to emit, 100 tpy or
more of any air pollutant subject to regulation
(including any major source of fugitive emissions of
any such pollutant, as determined by rule by USEPA).
For purposes of this subsection, "fugitive emissions"
means those emissions which could not reasonably pass
through a stack, chimney, vent, or other
functionally-equivalent opening. The fugitive
emissions of a stationary source shall not be
considered in determining whether it is a major
stationary source for the purposes of Section 302(j) of
the Clean Air Act, unless the source belongs to one of
the following categories of stationary source:
A. Coal cleaning plants (with thermal dryers).
B. Kraft pulp mills.
C. Portland cement plants.
D. Primary zinc smelters.
E. Iron and steel mills.
F. Primary aluminum ore reduction plants.
G. Primary copper smelters.
H. Municipal incinerators capable of charging
more than 250 tons of refuse per day.
I. Hydrofluoric, sulfuric, or nitric acid
plants.
J. Petroleum refineries.
K. Lime plants.
L. Phosphate rock processing plants.
M. Coke oven batteries.
N. Sulfur recovery plants.
O. Carbon black plants (furnace process).
P. Primary lead smelters.
Q. Fuel conversion plants.
R. Sintering plants.
S. Secondary metal production plants.
T. Chemical process plants.
U. Fossil-fuel boilers (or combination
thereof) totaling more than 250 million British
thermal units per hour heat input.
V. Petroleum storage and transfer units with a
total storage capacity exceeding 300,000 barrels.
W. Taconite ore processing plants.
X. Glass fiber processing plants.
Y. Charcoal production plants.
Z. Fossil fuel-fired steam electric plants of
more than 250 million British thermal units per
hour heat input.
AA. All other stationary source categories,
which as of August 7, 1980 are being regulated by a
standard promulgated under Section 111 or 112 of
the Clean Air Act.
BB. Any other stationary source category
designated by USEPA by rule.
iii. A major stationary source as defined in part D
of Title I of the Clean Air Act including:
A. For ozone nonattainment areas, sources with
the potential to emit 100 tons or more per year of
volatile organic compounds or oxides of nitrogen
in areas classified as "marginal" or "moderate",
50 tons or more per year in areas classified as
"serious", 25 tons or more per year in areas
classified as "severe", and 10 tons or more per
year in areas classified as "extreme"; except that
the references in this clause to 100, 50, 25, and
10 tons per year of nitrogen oxides shall not apply
with respect to any source for which USEPA has made
a finding, under Section 182(f)(1) or (2) of the
Clean Air Act, that requirements otherwise
applicable to such source under Section 182(f) of
the Clean Air Act do not apply. Such sources shall
remain subject to the major source criteria of
subparagraph (ii) of paragraph (c) of this
subsection.
B. For ozone transport regions established
pursuant to Section 184 of the Clean Air Act,
sources with the potential to emit 50 tons or more
per year of volatile organic compounds (VOCs).
C. For carbon monoxide nonattainment areas (1)
that are classified as "serious", and (2) in which
stationary sources contribute significantly to
carbon monoxide levels as determined under rules
issued by USEPA, sources with the potential to emit
50 tons or more per year of carbon monoxide.
D. For particulate matter (PM-10)
nonattainment areas classified as "serious",
sources with the potential to emit 70 tons or more
per year of PM-10.
3. Agency Authority To Issue CAAPP Permits and Federally
Enforceable State Operating Permits.
a. The Agency shall issue CAAPP permits under this
Section consistent with the Clean Air Act and regulations
promulgated thereunder and this Act and regulations
promulgated thereunder.
b. The Agency shall issue CAAPP permits for fixed terms
of 5 years, except CAAPP permits issued for solid waste
incineration units combusting municipal waste which shall
be issued for fixed terms of 12 years and except CAAPP
permits for affected sources for acid deposition which
shall be issued for initial terms to expire on December 31,
1999, and for fixed terms of 5 years thereafter.
c. The Agency shall have the authority to issue a State
operating permit for a source under subsection (a) of
Section 39 of this Act, as amended, and regulations
promulgated thereunder, which includes federally
enforceable conditions limiting the "potential to emit" of
the source to a level below the major source threshold for
that source as described in paragraph (c) of subsection 2
of this Section, thereby excluding the source from the
CAAPP, when requested by the applicant pursuant to
paragraph (u) of subsection 5 of this Section. The public
notice requirements of this Section applicable to CAAPP
permits shall also apply to the initial issuance of permits
under this paragraph.
d. For purposes of this Act, a permit issued by USEPA
under Section 505 of the Clean Air Act, as now and
hereafter amended, shall be deemed to be a permit issued by
the Agency pursuant to Section 39.5 of this Act.
4. Transition.
a. An owner or operator of a CAAPP source shall not be
required to renew an existing State operating permit for
any emission unit at such CAAPP source once a CAAPP
application timely submitted prior to expiration of the
State operating permit has been deemed complete. For
purposes other than permit renewal, the obligation upon the
owner or operator of a CAAPP source to obtain a State
operating permit is not removed upon submittal of the
complete CAAPP permit application. An owner or operator of
a CAAPP source seeking to make a modification to a source
prior to the issuance of its CAAPP permit shall be required
to obtain a construction permit, operating permit, or both
as required for such modification in accordance with the
State permit program under subsection (a) of Section 39 of
this Act, as amended, and regulations promulgated
thereunder. The application for such construction permit,
operating permit, or both shall be considered an amendment
to the CAAPP application submitted for such source.
b. An owner or operator of a CAAPP source shall
continue to operate in accordance with the terms and
conditions of its applicable State operating permit
notwithstanding the expiration of the State operating
permit until the source's CAAPP permit has been issued.
c. An owner or operator of a CAAPP source shall submit
its initial CAAPP application to the Agency no later than
12 months after the effective date of the CAAPP. The Agency
may request submittal of initial CAAPP applications during
this 12-month period according to a schedule set forth
within Agency procedures, however, in no event shall the
Agency require such submittal earlier than 3 months after
such effective date of the CAAPP. An owner or operator may
voluntarily submit its initial CAAPP application prior to
the date required within this paragraph or applicable
procedures, if any, subsequent to the date the Agency
submits the CAAPP to USEPA for approval.
d. The Agency shall act on initial CAAPP applications
in accordance with paragraph (j) of subsection 5 of this
Section.
e. For purposes of this Section, the term "initial
CAAPP application" shall mean the first CAAPP application
submitted for a source existing as of the effective date of
the CAAPP.
f. The Agency shall provide owners or operators of
CAAPP sources with at least 3 months advance notice of the
date on which their applications are required to be
submitted. In determining which sources shall be subject to
early submittal, the Agency shall include among its
considerations the complexity of the permit application,
and the burden that such early submittal will have on the
source.
g. The CAAPP permit shall upon becoming effective
supersede the State operating permit.
h. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
5. Applications and Completeness.
a. An owner or operator of a CAAPP source shall submit
its complete CAAPP application consistent with the Act and
applicable regulations.
b. An owner or operator of a CAAPP source shall submit
a single complete CAAPP application covering all emission
units at that source.
c. To be deemed complete, a CAAPP application must
provide all information, as requested in Agency
application forms, sufficient to evaluate the subject
source and its application and to determine all applicable
requirements, pursuant to the Clean Air Act, and
regulations thereunder, this Act and regulations
thereunder. Such Agency application forms shall be
finalized and made available prior to the date on which any
CAAPP application is required.
d. An owner or operator of a CAAPP source shall submit,
as part of its complete CAAPP application, a compliance
plan, including a schedule of compliance, describing how
each emission unit will comply with all applicable
requirements. Any such schedule of compliance shall be
supplemental to, and shall not sanction noncompliance
with, the applicable requirements on which it is based.
e. Each submitted CAAPP application shall be certified
for truth, accuracy, and completeness by a responsible
official in accordance with applicable regulations.
f. The Agency shall provide notice to a CAAPP applicant
as to whether a submitted CAAPP application is complete.
Unless the Agency notifies the applicant of
incompleteness, within 60 days after receipt of the CAAPP
application, the application shall be deemed complete. The
Agency may request additional information as needed to make
the completeness determination. The Agency may to the
extent practicable provide the applicant with a reasonable
opportunity to correct deficiencies prior to a final
determination of completeness.
g. If after the determination of completeness the
Agency finds that additional information is necessary to
evaluate or take final action on the CAAPP application, the
Agency may request in writing such information from the
source with a reasonable deadline for response.
h. If the owner or operator of a CAAPP source submits a
timely and complete CAAPP application, the source's
failure to have a CAAPP permit shall not be a violation of
this Section until the Agency takes final action on the
submitted CAAPP application, provided, however, where the
applicant fails to submit the requested information under
paragraph (g) of this subsection 5 within the time frame
specified by the Agency, this protection shall cease to
apply.
i. Any applicant who fails to submit any relevant facts
necessary to evaluate the subject source and its CAAPP
application or who has submitted incorrect information in a
CAAPP application shall, upon becoming aware of such
failure or incorrect submittal, submit supplementary facts
or correct information to the Agency. In addition, an
applicant shall provide to the Agency additional
information as necessary to address any requirements which
become applicable to the source subsequent to the date the
applicant submitted its complete CAAPP application but
prior to release of the draft CAAPP permit.
j. The Agency shall issue or deny the CAAPP permit
within 18 months after the date of receipt of the complete
CAAPP application, with the following exceptions: (i)
permits for affected sources for acid deposition shall be
issued or denied within 6 months after receipt of a
complete application in accordance with subsection 17 of
this Section; (ii) the Agency shall act on initial CAAPP
applications within 24 months after the date of receipt of
the complete CAAPP application; (iii) the Agency shall act
on complete applications containing early reduction
demonstrations under Section 112(i)(5) of the Clean Air Act
within 9 months of receipt of the complete CAAPP
application.
Where the Agency does not take final action on the
permit within the required time period, the permit shall
not be deemed issued; rather, the failure to act shall be
treated as a final permit action for purposes of judicial
review pursuant to Sections 40.2 and 41 of this Act.
k. The submittal of a complete CAAPP application shall
not affect the requirement that any source have a
preconstruction permit under Title I of the Clean Air Act.
l. Unless a timely and complete renewal application has
been submitted consistent with this subsection, a CAAPP
source operating upon the expiration of its CAAPP permit
shall be deemed to be operating without a CAAPP permit.
Such operation is prohibited under this Act.
m. Permits being renewed shall be subject to the same
procedural requirements, including those for public
participation and federal review and objection, that apply
to original permit issuance.
n. For purposes of permit renewal, a timely application
is one that is submitted no less than 9 months prior to the
date of permit expiration.
o. The terms and conditions of a CAAPP permit shall
remain in effect until the issuance of a CAAPP renewal
permit provided a timely and complete CAAPP application has
been submitted.
p. The owner or operator of a CAAPP source seeking a
permit shield pursuant to paragraph (j) of subsection 7 of
this Section shall request such permit shield in the CAAPP
application regarding that source.
q. The Agency shall make available to the public all
documents submitted by the applicant to the Agency,
including each CAAPP application, compliance plan
(including the schedule of compliance), and emissions or
compliance monitoring report, with the exception of
information entitled to confidential treatment pursuant to
Section 7 of this Act.
r. The Agency shall use the standardized forms required
under Title IV of the Clean Air Act and regulations
promulgated thereunder for affected sources for acid
deposition.
s. An owner or operator of a CAAPP source may include
within its CAAPP application a request for permission to
operate during a startup, malfunction, or breakdown
consistent with applicable Board regulations.
t. An owner or operator of a CAAPP source, in order to
utilize the operational flexibility provided under
paragraph (l) of subsection 7 of this Section, must request
such use and provide the necessary information within its
CAAPP application.
u. An owner or operator of a CAAPP source which seeks
exclusion from the CAAPP through the imposition of
federally enforceable conditions, pursuant to paragraph
(c) of subsection 3 of this Section, must request such
exclusion within a CAAPP application submitted consistent
with this subsection on or after the date that the CAAPP
application for the source is due. Prior to such date, but
in no case later than 9 months after the effective date of
the CAAPP, such owner or operator may request the
imposition of federally enforceable conditions pursuant to
paragraph (b) of subsection 1.1 of this Section.
v. CAAPP applications shall contain accurate
information on allowable emissions to implement the fee
provisions of subsection 18 of this Section.
w. An owner or operator of a CAAPP source shall submit
within its CAAPP application emissions information
regarding all regulated air pollutants emitted at that
source consistent with applicable Agency procedures.
Emissions information regarding insignificant activities
or emission levels, as determined by the Agency pursuant to
Board regulations, may be submitted as a list within the
CAAPP application. The Agency shall propose regulations to
the Board defining insignificant activities or emission
levels, consistent with federal regulations, if any, no
later than 18 months after the effective date of this
amendatory Act of 1992, consistent with Section 112(n)(1)
of the Clean Air Act. The Board shall adopt final
regulations defining insignificant activities or emission
levels no later than 9 months after the date of the
Agency's proposal.
x. The owner or operator of a new CAAPP source shall
submit its complete CAAPP application consistent with this
subsection within 12 months after commencing operation of
such source. The owner or operator of an existing source
that has been excluded from the provisions of this Section
under subsection 1.1 or paragraph (c) of subsection 3 of
this Section and that becomes subject to the CAAPP solely
due to a change in operation at the source shall submit its
complete CAAPP application consistent with this subsection
at least 180 days before commencing operation in accordance
with the change in operation.
y. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary to implement this subsection.
6. Prohibitions.
a. It shall be unlawful for any person to violate any
terms or conditions of a permit issued under this Section,
to operate any CAAPP source except in compliance with a
permit issued by the Agency under this Section or to
violate any other applicable requirements. All terms and
conditions of a permit issued under this Section are
enforceable by USEPA and citizens under the Clean Air Act,
except those, if any, that are specifically designated as
not being federally enforceable in the permit pursuant to
paragraph (m) of subsection 7 of this Section.
b. After the applicable CAAPP permit or renewal
application submittal date, as specified in subsection 5 of
this Section, no person shall operate a CAAPP source
without a CAAPP permit unless the complete CAAPP permit or
renewal application for such source has been timely
submitted to the Agency.
c. No owner or operator of a CAAPP source shall cause
or threaten or allow the continued operation of an emission
source during malfunction or breakdown of the emission
source or related air pollution control equipment if such
operation would cause a violation of the standards or
limitations applicable to the source, unless the CAAPP
permit granted to the source provides for such operation
consistent with this Act and applicable Board regulations.
7. Permit Content.
a. All CAAPP permits shall contain emission
limitations and standards and other enforceable terms and
conditions, including but not limited to operational
requirements, and schedules for achieving compliance at
the earliest reasonable date, which are or will be required
to accomplish the purposes and provisions of this Act and
to assure compliance with all applicable requirements.
b. The Agency shall include among such conditions
applicable monitoring, reporting, record keeping and
compliance certification requirements, as authorized by
paragraphs (d), (e), and (f) of this subsection, that the
Agency deems necessary to assure compliance with the Clean
Air Act, the regulations promulgated thereunder, this Act,
and applicable Board regulations. When monitoring,
reporting, record keeping, and compliance certification
requirements are specified within the Clean Air Act,
regulations promulgated thereunder, this Act, or
applicable regulations, such requirements shall be
included within the CAAPP permit. The Board shall have
authority to promulgate additional regulations where
necessary to accomplish the purposes of the Clean Air Act,
this Act, and regulations promulgated thereunder.
c. The Agency shall assure, within such conditions, the
use of terms, test methods, units, averaging periods, and
other statistical conventions consistent with the
applicable emission limitations, standards, and other
requirements contained in the permit.
d. To meet the requirements of this subsection with
respect to monitoring, the permit shall:
i. Incorporate and identify all applicable
emissions monitoring and analysis procedures or test
methods required under the Clean Air Act, regulations
promulgated thereunder, this Act, and applicable Board
regulations, including any procedures and methods
promulgated by USEPA pursuant to Section 504(b) or
Section 114 (a)(3) of the Clean Air Act.
ii. Where the applicable requirement does not
require periodic testing or instrumental or
noninstrumental monitoring (which may consist of
recordkeeping designed to serve as monitoring),
require periodic monitoring sufficient to yield
reliable data from the relevant time period that is
representative of the source's compliance with the
permit, as reported pursuant to paragraph (f) of this
subsection. The Agency may determine that
recordkeeping requirements are sufficient to meet the
requirements of this subparagraph.
iii. As necessary, specify requirements concerning
the use, maintenance, and when appropriate,
installation of monitoring equipment or methods.
e. To meet the requirements of this subsection with
respect to record keeping, the permit shall incorporate and
identify all applicable recordkeeping requirements and
require, where applicable, the following:
i. Records of required monitoring information that
include the following:
A. The date, place and time of sampling or
measurements.
B. The date(s) analyses were performed.
C. The company or entity that performed the
analyses.
D. The analytical techniques or methods used.
E. The results of such analyses.
F. The operating conditions as existing at the
time of sampling or measurement.
ii. Retention of records of all monitoring data and
support information for a period of at least 5 years
from the date of the monitoring sample, measurement,
report, or application. Support information includes
all calibration and maintenance records, original
strip-chart recordings for continuous monitoring
instrumentation, and copies of all reports required by
the permit.
f. To meet the requirements of this subsection with
respect to reporting, the permit shall incorporate and
identify all applicable reporting requirements and require
the following:
i. Submittal of reports of any required monitoring
every 6 months. More frequent submittals may be
requested by the Agency if such submittals are
necessary to assure compliance with this Act or
regulations promulgated by the Board thereunder. All
instances of deviations from permit requirements must
be clearly identified in such reports. All required
reports must be certified by a responsible official
consistent with subsection 5 of this Section.
ii. Prompt reporting of deviations from permit
requirements, including those attributable to upset
conditions as defined in the permit, the probable cause
of such deviations, and any corrective actions or
preventive measures taken.
g. Each CAAPP permit issued under subsection 10 of this
Section shall include a condition prohibiting emissions
exceeding any allowances that the source lawfully holds
under Title IV of the Clean Air Act or the regulations
promulgated thereunder, consistent with subsection 17 of
this Section and applicable regulations, if any.
h. All CAAPP permits shall state that, where another
applicable requirement of the Clean Air Act is more
stringent than any applicable requirement of regulations
promulgated under Title IV of the Clean Air Act, both
provisions shall be incorporated into the permit and shall
be State and federally enforceable.
i. Each CAAPP permit issued under subsection 10 of this
Section shall include a severability clause to ensure the
continued validity of the various permit requirements in
the event of a challenge to any portions of the permit.
j. The following shall apply with respect to owners or
operators requesting a permit shield:
i. The Agency shall include in a CAAPP permit, when
requested by an applicant pursuant to paragraph (p) of
subsection 5 of this Section, a provision stating that
compliance with the conditions of the permit shall be
deemed compliance with applicable requirements which
are applicable as of the date of release of the
proposed permit, provided that:
A. The applicable requirement is specifically
identified within the permit; or
B. The Agency in acting on the CAAPP
application or revision determines in writing that
other requirements specifically identified are not
applicable to the source, and the permit includes
that determination or a concise summary thereof.
ii. The permit shall identify the requirements for
which the source is shielded. The shield shall not
extend to applicable requirements which are
promulgated after the date of release of the proposed
permit unless the permit has been modified to reflect
such new requirements.
iii. A CAAPP permit which does not expressly
indicate the existence of a permit shield shall not
provide such a shield.
iv. Nothing in this paragraph or in a CAAPP permit
shall alter or affect the following:
A. The provisions of Section 303 (emergency
powers) of the Clean Air Act, including USEPA's
authority under that section.
B. The liability of an owner or operator of a
source for any violation of applicable
requirements prior to or at the time of permit
issuance.
C. The applicable requirements of the acid
rain program consistent with Section 408(a) of the
Clean Air Act.
D. The ability of USEPA to obtain information
from a source pursuant to Section 114
(inspections, monitoring, and entry) of the Clean
Air Act.
k. Each CAAPP permit shall include an emergency
provision providing an affirmative defense of emergency to
an action brought for noncompliance with technology-based
emission limitations under a CAAPP permit if the following
conditions are met through properly signed,
contemporaneous operating logs, or other relevant
evidence:
i. An emergency occurred and the permittee can
identify the cause(s) of the emergency.
ii. The permitted facility was at the time being
properly operated.
iii. The permittee submitted notice of the
emergency to the Agency within 2 working days after the
time when emission limitations were exceeded due to the
emergency. This notice must contain a detailed
description of the emergency, any steps taken to
mitigate emissions, and corrective actions taken.
iv. During the period of the emergency the
permittee took all reasonable steps to minimize levels
of emissions that exceeded the emission limitations,
standards, or requirements in the permit.
For purposes of this subsection, "emergency" means any
situation arising from sudden and reasonably unforeseeable
events beyond the control of the source, such as an act of
God, that requires immediate corrective action to restore
normal operation, and that causes the source to exceed a
technology-based emission limitation under the permit, due
to unavoidable increases in emissions attributable to the
emergency. An emergency shall not include noncompliance to
the extent caused by improperly designed equipment, lack of
preventative maintenance, careless or improper operation,
or operation error.
In any enforcement proceeding, the permittee seeking
to establish the occurrence of an emergency has the burden
of proof. This provision is in addition to any emergency or
upset provision contained in any applicable requirement.
This provision does not relieve a permittee of any
reporting obligations under existing federal or state laws
or regulations.
l. The Agency shall include in each permit issued under
subsection 10 of this Section:
i. Terms and conditions for reasonably anticipated
operating scenarios identified by the source in its
application. The permit terms and conditions for each
such operating scenario shall meet all applicable
requirements and the requirements of this Section.
A. Under this subparagraph, the source must
record in a log at the permitted facility a record
of the scenario under which it is operating
contemporaneously with making a change from one
operating scenario to another.
B. The permit shield described in paragraph
(j) of subsection 7 of this Section shall extend to
all terms and conditions under each such operating
scenario.
ii. Where requested by an applicant, all terms and
conditions allowing for trading of emissions increases
and decreases between different emission units at the
CAAPP source, to the extent that the applicable
requirements provide for trading of such emissions
increases and decreases without a case-by-case
approval of each emissions trade. Such terms and
conditions:
A. Shall include all terms required under this
subsection to determine compliance;
B. Must meet all applicable requirements;
C. Shall extend the permit shield described in
paragraph (j) of subsection 7 of this Section to
all terms and conditions that allow such increases
and decreases in emissions.
m. The Agency shall specifically designate as not being
federally enforceable under the Clean Air Act any terms and
conditions included in the permit that are not specifically
required under the Clean Air Act or federal regulations
promulgated thereunder. Terms or conditions so designated
shall be subject to all applicable state requirements,
except the requirements of subsection 7 (other than this
paragraph, paragraph q of subsection 7, subsections 8
through 11, and subsections 13 through 16 of this Section.
The Agency shall, however, include such terms and
conditions in the CAAPP permit issued to the source.
n. Each CAAPP permit issued under subsection 10 of this
Section shall specify and reference the origin of and
authority for each term or condition, and identify any
difference in form as compared to the applicable
requirement upon which the term or condition is based.
o. Each CAAPP permit issued under subsection 10 of this
Section shall include provisions stating the following:
i. Duty to comply. The permittee must comply with
all terms and conditions of the CAAPP permit. Any
permit noncompliance constitutes a violation of the
Clean Air Act and the Act, and is grounds for any or
all of the following: enforcement action; permit
termination, revocation and reissuance, or
modification; or denial of a permit renewal
application.
ii. Need to halt or reduce activity not a defense.
It shall not be a defense for a permittee in an
enforcement action that it would have been necessary to
halt or reduce the permitted activity in order to
maintain compliance with the conditions of this
permit.
iii. Permit actions. The permit may be modified,
revoked, reopened, and reissued, or terminated for
cause in accordance with the applicable subsections of
Section 39.5 of this Act. The filing of a request by
the permittee for a permit modification, revocation
and reissuance, or termination, or of a notification of
planned changes or anticipated noncompliance does not
stay any permit condition.
iv. Property rights. The permit does not convey any
property rights of any sort, or any exclusive
privilege.
v. Duty to provide information. The permittee
shall furnish to the Agency within a reasonable time
specified by the Agency any information that the Agency
may request in writing to determine whether cause
exists for modifying, revoking and reissuing, or
terminating the permit or to determine compliance with
the permit. Upon request, the permittee shall also
furnish to the Agency copies of records required to be
kept by the permit or, for information claimed to be
confidential, the permittee may furnish such records
directly to USEPA along with a claim of
confidentiality.
vi. Duty to pay fees. The permittee must pay fees
to the Agency consistent with the fee schedule approved
pursuant to subsection 18 of this Section, and submit
any information relevant thereto.
vii. Emissions trading. No permit revision shall
be required for increases in emissions allowed under
any approved economic incentives, marketable permits,
emissions trading, and other similar programs or
processes for changes that are provided for in the
permit and that are authorized by the applicable
requirement.
p. Each CAAPP permit issued under subsection 10 of this
Section shall contain the following elements with respect
to compliance:
i. Compliance certification, testing, monitoring,
reporting, and record keeping requirements sufficient
to assure compliance with the terms and conditions of
the permit. Any document (including reports) required
by a CAAPP permit shall contain a certification by a
responsible official that meets the requirements of
subsection 5 of this Section and applicable
regulations.
ii. Inspection and entry requirements that
necessitate that, upon presentation of credentials and
other documents as may be required by law and in
accordance with constitutional limitations, the
permittee shall allow the Agency, or an authorized
representative to perform the following:
A. Enter upon the permittee's premises where a
CAAPP source is located or emissions-related
activity is conducted, or where records must be
kept under the conditions of the permit.
B. Have access to and copy, at reasonable
times, any records that must be kept under the
conditions of the permit.
C. Inspect at reasonable times any facilities,
equipment (including monitoring and air pollution
control equipment), practices, or operations
regulated or required under the permit.
D. Sample or monitor any substances or
parameters at any location:
1. As authorized by the Clean Air Act, at
reasonable times, for the purposes of assuring
compliance with the CAAPP permit or applicable
requirements; or
2. As otherwise authorized by this Act.
iii. A schedule of compliance consistent with
subsection 5 of this Section and applicable
regulations.
iv. Progress reports consistent with an applicable
schedule of compliance pursuant to paragraph (d) of
subsection 5 of this Section and applicable
regulations to be submitted semiannually, or more
frequently if the Agency determines that such more
frequent submittals are necessary for compliance with
the Act or regulations promulgated by the Board
thereunder. Such progress reports shall contain the
following:
A. Required dates for achieving the
activities, milestones, or compliance required by
the schedule of compliance and dates when such
activities, milestones or compliance were
achieved.
B. An explanation of why any dates in the
schedule of compliance were not or will not be met,
and any preventive or corrective measures adopted.
v. Requirements for compliance certification with
terms and conditions contained in the permit,
including emission limitations, standards, or work
practices. Permits shall include each of the
following:
A. The frequency (annually or more frequently
as specified in any applicable requirement or by
the Agency pursuant to written procedures) of
submissions of compliance certifications.
B. A means for assessing or monitoring the
compliance of the source with its emissions
limitations, standards, and work practices.
C. A requirement that the compliance
certification include the following:
1. The identification of each term or
condition contained in the permit that is the
basis of the certification.
2. The compliance status.
3. Whether compliance was continuous or
intermittent.
4. The method(s) used for determining the
compliance status of the source, both
currently and over the reporting period
consistent with subsection 7 of this Section.
D. A requirement that all compliance
certifications be submitted to USEPA as well as to
the Agency.
E. Additional requirements as may be specified
pursuant to Sections 114(a)(3) and 504(b) of the
Clean Air Act.
F. Other provisions as the Agency may require.
q. If the owner or operator of CAAPP source can
demonstrate in its CAAPP application, including an
application for a significant modification, that an
alternative emission limit would be equivalent to that
contained in the applicable Board regulations, the Agency
shall include the alternative emission limit in the CAAPP
permit, which shall supersede the emission limit set forth
in the applicable Board regulations, and shall include
conditions that insure that the resulting emission limit is
quantifiable, accountable, enforceable, and based on
replicable procedures.
8. Public Notice; Affected State Review.
a. The Agency shall provide notice to the public,
including an opportunity for public comment and a hearing,
on each draft CAAPP permit for issuance, renewal or
significant modification, subject to Section 7.1 and
subsection (a) of Section 7 of this Act.
b. The Agency shall prepare a draft CAAPP permit and a
statement that sets forth the legal and factual basis for
the draft CAAPP permit conditions, including references to
the applicable statutory or regulatory provisions. The
Agency shall provide this statement to any person who
requests it.
c. The Agency shall give notice of each draft CAAPP
permit to the applicant and to any affected State on or
before the time that the Agency has provided notice to the
public, except as otherwise provided in this Act.
d. The Agency, as part of its submittal of a proposed
permit to USEPA (or as soon as possible after the submittal
for minor permit modification procedures allowed under
subsection 14 of this Section), shall notify USEPA and any
affected State in writing of any refusal of the Agency to
accept all of the recommendations for the proposed permit
that an affected State submitted during the public or
affected State review period. The notice shall include the
Agency's reasons for not accepting the recommendations.
The Agency is not required to accept recommendations that
are not based on applicable requirements or the
requirements of this Section.
e. The Agency shall make available to the public any
CAAPP permit application, compliance plan (including the
schedule of compliance), CAAPP permit, and emissions or
compliance monitoring report. If an owner or operator of a
CAAPP source is required to submit information entitled to
protection from disclosure under Section 7.1 and
subsection (a) of Section 7 of this Act, the owner or
operator shall submit such information separately. The
requirements of Section 7.1 and subsection (a) of Section 7
of this Act shall apply to such information, which shall
not be included in a CAAPP permit unless required by law.
The contents of a CAAPP permit shall not be entitled to
protection under Section 7.1 and subsection (a) of Section
7 of this Act.
f. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
g. If requested by the permit applicant, the Agency
shall provide the permit applicant with a copy of the draft
CAAPP permit prior to any public review period. If
requested by the permit applicant, the Agency shall provide
the permit applicant with a copy of the final CAAPP permit
prior to issuance of the CAAPP permit.
9. USEPA Notice and Objection.
a. The Agency shall provide to USEPA for its review a
copy of each CAAPP application (including any application
for permit modification), statement of basis as provided in
paragraph (b) of subsection 8 of this Section, proposed
CAAPP permit, CAAPP permit, and, if the Agency does not
incorporate any affected State's recommendations on a
proposed CAAPP permit, a written statement of this decision
and its reasons for not accepting the recommendations,
except as otherwise provided in this Act or by agreement
with USEPA. To the extent practicable, the preceding
information shall be provided in computer readable format
compatible with USEPA's national database management
system.
b. The Agency shall not issue the proposed CAAPP permit
if USEPA objects in writing within 45 days after receipt of
the proposed CAAPP permit and all necessary supporting
information.
c. If USEPA objects in writing to the issuance of the
proposed CAAPP permit within the 45-day period, the Agency
shall respond in writing and may revise and resubmit the
proposed CAAPP permit in response to the stated objection,
to the extent supported by the record, within 90 days after
the date of the objection. Prior to submitting a revised
permit to USEPA, the Agency shall provide the applicant and
any person who participated in the public comment process,
pursuant to subsection 8 of this Section, with a 10-day
period to comment on any revision which the Agency is
proposing to make to the permit in response to USEPA's
objection in accordance with Agency procedures.
d. Any USEPA objection under this subsection,
according to the Clean Air Act, will include a statement of
reasons for the objection and a description of the terms
and conditions that must be in the permit, in order to
adequately respond to the objections. Grounds for a USEPA
objection include the failure of the Agency to: (1) submit
the items and notices required under this subsection; (2)
submit any other information necessary to adequately
review the proposed CAAPP permit; or (3) process the permit
under subsection 8 of this Section except for minor permit
modifications.
e. If USEPA does not object in writing to issuance of a
permit under this subsection, any person may petition USEPA
within 60 days after expiration of the 45-day review period
to make such objection.
f. If the permit has not yet been issued and USEPA
objects to the permit as a result of a petition, the Agency
shall not issue the permit until USEPA's objection has been
resolved. The Agency shall provide a 10-day comment period
in accordance with paragraph c of this subsection. A
petition does not, however, stay the effectiveness of a
permit or its requirements if the permit was issued after
expiration of the 45-day review period and prior to a USEPA
objection.
g. If the Agency has issued a permit after expiration
of the 45-day review period and prior to receipt of a USEPA
objection under this subsection in response to a petition
submitted pursuant to paragraph e of this subsection, the
Agency may, upon receipt of an objection from USEPA, revise
and resubmit the permit to USEPA pursuant to this
subsection after providing a 10-day comment period in
accordance with paragraph c of this subsection. If the
Agency fails to submit a revised permit in response to the
objection, USEPA shall modify, terminate or revoke the
permit. In any case, the source will not be in violation of
the requirement to have submitted a timely and complete
application.
h. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
10. Final Agency Action.
a. The Agency shall issue a CAAPP permit, permit
modification, or permit renewal if all of the following
conditions are met:
i. The applicant has submitted a complete and
certified application for a permit, permit
modification, or permit renewal consistent with
subsections 5 and 14 of this Section, as applicable,
and applicable regulations.
ii. The applicant has submitted with its complete
application an approvable compliance plan, including a
schedule for achieving compliance, consistent with
subsection 5 of this Section and applicable
regulations.
iii. The applicant has timely paid the fees
required pursuant to subsection 18 of this Section and
applicable regulations.
iv. The Agency has received a complete CAAPP
application and, if necessary, has requested and
received additional information from the applicant
consistent with subsection 5 of this Section and
applicable regulations.
v. The Agency has complied with all applicable
provisions regarding public notice and affected State
review consistent with subsection 8 of this Section and
applicable regulations.
vi. The Agency has provided a copy of each CAAPP
application, or summary thereof, pursuant to agreement
with USEPA and proposed CAAPP permit required under
subsection 9 of this Section to USEPA, and USEPA has
not objected to the issuance of the permit in
accordance with the Clean Air Act and 40 CFR Part 70.
b. The Agency shall have the authority to deny a CAAPP
permit, permit modification, or permit renewal if the
applicant has not complied with the requirements of
subparagraphs (i) through (iv) of paragraph (a) of this
subsection or if USEPA objects to its issuance.
c. i. Prior to denial of a CAAPP permit, permit
modification, or permit renewal under this Section,
the Agency shall notify the applicant of the possible
denial and the reasons for the denial.
ii. Within such notice, the Agency shall specify an
appropriate date by which the applicant shall
adequately respond to the Agency's notice. Such date
shall not exceed 15 days from the date the notification
is received by the applicant. The Agency may grant a
reasonable extension for good cause shown.
iii. Failure by the applicant to adequately
respond by the date specified in the notification or by
any granted extension date shall be grounds for denial
of the permit.
For purposes of obtaining judicial review under
Sections 40.2 and 41 of this Act, the Agency shall
provide to USEPA and each applicant, and, upon request,
to affected States, any person who participated in the
public comment process, and any other person who could
obtain judicial review under Sections 40.2 and 41 of
this Act, a copy of each CAAPP permit or notification
of denial pertaining to that party.
d. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
11. General Permits.
a. The Agency may issue a general permit covering
numerous similar sources, except for affected sources for
acid deposition unless otherwise provided in regulations
promulgated under Title IV of the Clean Air Act.
b. The Agency shall identify, in any general permit,
criteria by which sources may qualify for the general
permit.
c. CAAPP sources that would qualify for a general
permit must apply for coverage under the terms of the
general permit or must apply for a CAAPP permit consistent
with subsection 5 of this Section and applicable
regulations.
d. The Agency shall comply with the public comment and
hearing provisions of this Section as well as the USEPA and
affected State review procedures prior to issuance of a
general permit.
e. When granting a subsequent request by a qualifying
CAAPP source for coverage under the terms of a general
permit, the Agency shall not be required to repeat the
public notice and comment procedures. The granting of such
request shall not be considered a final permit action for
purposes of judicial review.
f. The Agency may not issue a general permit to cover
any discrete emission unit at a CAAPP source if another
CAAPP permit covers emission units at the source.
g. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
12. Operational Flexibility.
a. An owner or operator of a CAAPP source may make
changes at the CAAPP source without requiring a prior
permit revision, consistent with subparagraphs (i) through
(iii) of paragraph (a) of this subsection, so long as the
changes are not modifications under any provision of Title
I of the Clean Air Act and they do not exceed the emissions
allowable under the permit (whether expressed therein as a
rate of emissions or in terms of total emissions), provided
that the owner or operator of the CAAPP source provides
USEPA and the Agency with written notification as required
below in advance of the proposed changes, which shall be a
minimum of 7 days, unless otherwise provided by the Agency
in applicable regulations regarding emergencies. The owner
or operator of a CAAPP source and the Agency shall each
attach such notice to their copy of the relevant permit.
i. An owner or operator of a CAAPP source may make
Section 502 (b) (10) changes without a permit revision,
if the changes are not modifications under any
provision of Title I of the Clean Air Act and the
changes do not exceed the emissions allowable under the
permit (whether expressed therein as a rate of
emissions or in terms of total emissions).
A. For each such change, the written
notification required above shall include a brief
description of the change within the source, the
date on which the change will occur, any change in
emissions, and any permit term or condition that is
no longer applicable as a result of the change.
B. The permit shield described in paragraph
(j) of subsection 7 of this Section shall not apply
to any change made pursuant to this subparagraph.
ii. An owner or operator of a CAAPP source may
trade increases and decreases in emissions in the CAAPP
source, where the applicable implementation plan
provides for such emission trades without requiring a
permit revision. This provision is available in those
cases where the permit does not already provide for
such emissions trading.
A. Under this subparagraph (ii) of paragraph
(a) of this subsection, the written notification
required above shall include such information as
may be required by the provision in the applicable
implementation plan authorizing the emissions
trade, including at a minimum, when the proposed
changes will occur, a description of each such
change, any change in emissions, the permit
requirements with which the source will comply
using the emissions trading provisions of the
applicable implementation plan, and the pollutants
emitted subject to the emissions trade. The notice
shall also refer to the provisions in the
applicable implementation plan with which the
source will comply and provide for the emissions
trade.
B. The permit shield described in paragraph
(j) of subsection 7 of this Section shall not apply
to any change made pursuant to subparagraph (ii) of
paragraph (a) of this subsection. Compliance with
the permit requirements that the source will meet
using the emissions trade shall be determined
according to the requirements of the applicable
implementation plan authorizing the emissions
trade.
iii. If requested within a CAAPP application, the
Agency shall issue a CAAPP permit which contains terms
and conditions, including all terms required under
subsection 7 of this Section to determine compliance,
allowing for the trading of emissions increases and
decreases at the CAAPP source solely for the purpose of
complying with a federally-enforceable emissions cap
that is established in the permit independent of
otherwise applicable requirements. The owner or
operator of a CAAPP source shall include in its CAAPP
application proposed replicable procedures and permit
terms that ensure the emissions trades are
quantifiable and enforceable. The permit shall also
require compliance with all applicable requirements.
A. Under this subparagraph (iii) of paragraph
(a), the written notification required above shall
state when the change will occur and shall describe
the changes in emissions that will result and how
these increases and decreases in emissions will
comply with the terms and conditions of the permit.
B. The permit shield described in paragraph
(j) of subsection 7 of this Section shall extend to
terms and conditions that allow such increases and
decreases in emissions.
b. An owner or operator of a CAAPP source may make
changes that are not addressed or prohibited by the permit,
other than those which are subject to any requirements
under Title IV of the Clean Air Act or are modifications
under any provisions of Title I of the Clean Air Act,
without a permit revision, in accordance with the following
requirements:
(i) Each such change shall meet all applicable
requirements and shall not violate any existing permit
term or condition;
(ii) Sources must provide contemporaneous written
notice to the Agency and USEPA of each such change,
except for changes that qualify as insignificant under
provisions adopted by the Agency or the Board. Such
written notice shall describe each such change,
including the date, any change in emissions,
pollutants emitted, and any applicable requirement
that would apply as a result of the change;
(iii) The change shall not qualify for the shield
described in paragraph (j) of subsection 7 of this
Section; and
(iv) The permittee shall keep a record describing
changes made at the source that result in emissions of
a regulated air pollutant subject to an applicable
Clean Air Act requirement, but not otherwise regulated
under the permit, and the emissions resulting from
those changes.
c. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary to implement this subsection.
13. Administrative Permit Amendments.
a. The Agency shall take final action on a request for
an administrative permit amendment within 60 days after
receipt of the request. Neither notice nor an opportunity
for public and affected State comment shall be required for
the Agency to incorporate such revisions, provided it
designates the permit revisions as having been made
pursuant to this subsection.
b. The Agency shall submit a copy of the revised permit
to USEPA.
c. For purposes of this Section the term
"administrative permit amendment" shall be defined as a
permit revision that can accomplish one or more of the
changes described below:
i. Corrects typographical errors;
ii. Identifies a change in the name, address, or
phone number of any person identified in the permit, or
provides a similar minor administrative change at the
source;
iii. Requires more frequent monitoring or
reporting by the permittee;
iv. Allows for a change in ownership or operational
control of a source where the Agency determines that no
other change in the permit is necessary, provided that
a written agreement containing a specific date for
transfer of permit responsibility, coverage, and
liability between the current and new permittees has
been submitted to the Agency;
v. Incorporates into the CAAPP permit the
requirements from preconstruction review permits
authorized under a USEPA-approved program, provided
the program meets procedural and compliance
requirements substantially equivalent to those
contained in this Section;
vi. (Blank); or
vii. Any other type of change which USEPA has
determined as part of the approved CAAPP permit program
to be similar to those included in this subsection.
d. The Agency shall, upon taking final action granting
a request for an administrative permit amendment, allow
coverage by the permit shield in paragraph (j) of
subsection 7 of this Section for administrative permit
amendments made pursuant to subparagraph (v) of paragraph
(c) of this subsection which meet the relevant requirements
for significant permit modifications.
e. Permit revisions and modifications, including
administrative amendments and automatic amendments
(pursuant to Sections 408(b) and 403(d) of the Clean Air
Act or regulations promulgated thereunder), for purposes
of the acid rain portion of the permit shall be governed by
the regulations promulgated under Title IV of the Clean Air
Act. Owners or operators of affected sources for acid
deposition shall have the flexibility to amend their
compliance plans as provided in the regulations
promulgated under Title IV of the Clean Air Act.
f. The CAAPP source may implement the changes addressed
in the request for an administrative permit amendment
immediately upon submittal of the request.
g. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
14. Permit Modifications.
a. Minor permit modification procedures.
i. The Agency shall review a permit modification
using the "minor permit" modification procedures only
for those permit modifications that:
A. Do not violate any applicable requirement;
B. Do not involve significant changes to
existing monitoring, reporting, or recordkeeping
requirements in the permit;
C. Do not require a case-by-case determination
of an emission limitation or other standard, or a
source-specific determination of ambient impacts,
or a visibility or increment analysis;
D. Do not seek to establish or change a permit
term or condition for which there is no
corresponding underlying requirement and which
avoids an applicable requirement to which the
source would otherwise be subject. Such terms and
conditions include:
1. A federally enforceable emissions cap
assumed to avoid classification as a
modification under any provision of Title I of
the Clean Air Act; and
2. An alternative emissions limit approved
pursuant to regulations promulgated under
Section 112(i)(5) of the Clean Air Act;
E. Are not modifications under any provision
of Title I of the Clean Air Act; and
F. Are not required to be processed as a
significant modification.
ii. Notwithstanding subparagraph (i) of paragraph
(a) and subparagraph (ii) of paragraph (b) of this
subsection, minor permit modification procedures may
be used for permit modifications involving the use of
economic incentives, marketable permits, emissions
trading, and other similar approaches, to the extent
that such minor permit modification procedures are
explicitly provided for in an applicable
implementation plan or in applicable requirements
promulgated by USEPA.
iii. An applicant requesting the use of minor
permit modification procedures shall meet the
requirements of subsection 5 of this Section and shall
include the following in its application:
A. A description of the change, the emissions
resulting from the change, and any new applicable
requirements that will apply if the change occurs;
B. The source's suggested draft permit;
C. Certification by a responsible official,
consistent with paragraph (e) of subsection 5 of
this Section and applicable regulations, that the
proposed modification meets the criteria for use
of minor permit modification procedures and a
request that such procedures be used; and
D. Completed forms for the Agency to use to
notify USEPA and affected States as required under
subsections 8 and 9 of this Section.
iv. Within 5 working days after receipt of a
complete permit modification application, the Agency
shall notify USEPA and affected States of the requested
permit modification in accordance with subsections 8
and 9 of this Section. The Agency promptly shall send
any notice required under paragraph (d) of subsection 8
of this Section to USEPA.
v. The Agency may not issue a final permit
modification until after the 45-day review period for
USEPA or until USEPA has notified the Agency that USEPA
will not object to the issuance of the permit
modification, whichever comes first, although the
Agency can approve the permit modification prior to
that time. Within 90 days after the Agency's receipt of
an application under the minor permit modification
procedures or 15 days after the end of USEPA's 45-day
review period under subsection 9 of this Section,
whichever is later, the Agency shall:
A. Issue the permit modification as proposed;
B. Deny the permit modification application;
C. Determine that the requested modification
does not meet the minor permit modification
criteria and should be reviewed under the
significant modification procedures; or
D. Revise the draft permit modification and
transmit to USEPA the new proposed permit
modification as required by subsection 9 of this
Section.
vi. Any CAAPP source may make the change proposed
in its minor permit modification application
immediately after it files such application. After the
CAAPP source makes the change allowed by the preceding
sentence, and until the Agency takes any of the actions
specified in items (A) through (C) of subparagraph (v)
of paragraph (a) of this subsection, the source must
comply with both the applicable requirements governing
the change and the proposed permit terms and
conditions. During this time period, the source need
not comply with the existing permit terms and
conditions it seeks to modify. If the source fails to
comply with its proposed permit terms and conditions
during this time period, the existing permit terms and
conditions which it seeks to modify may be enforced
against it.
vii. The permit shield under paragraph (j) of
subsection 7 of this Section may not extend to minor
permit modifications.
viii. If a construction permit is required,
pursuant to subsection (a) of Section 39 of this Act
and regulations thereunder, for a change for which the
minor permit modification procedures are applicable,
the source may request that the processing of the
construction permit application be consolidated with
the processing of the application for the minor permit
modification. In such cases, the provisions of this
Section, including those within subsections 5, 8, and
9, shall apply and the Agency shall act on such
applications pursuant to subparagraph (v) of paragraph
(a) of subsection 14 of this Section. The source may
make the proposed change immediately after filing its
application for the minor permit modification. Nothing
in this subparagraph shall otherwise affect the
requirements and procedures applicable to construction
permits.
b. Group Processing of Minor Permit Modifications.
i. Where requested by an applicant within its
application, the Agency shall process groups of a
source's applications for certain modifications
eligible for minor permit modification processing in
accordance with the provisions of this paragraph (b).
ii. Permit modifications may be processed in
accordance with the procedures for group processing,
for those modifications:
A. Which meet the criteria for minor permit
modification procedures under subparagraph (i) of
paragraph (a) of subsection 14 of this Section; and
B. That collectively are below 10 percent of
the emissions allowed by the permit for the
emissions unit for which change is requested, 20
percent of the applicable definition of major
source set forth in subsection 2 of this Section,
or 5 tons per year, whichever is least.
iii. An applicant requesting the use of group
processing procedures shall meet the requirements of
subsection 5 of this Section and shall include the
following in its application:
A. A description of the change, the emissions
resulting from the change, and any new applicable
requirements that will apply if the change occurs.
B. The source's suggested draft permit.
C. Certification by a responsible official
consistent with paragraph (e) of subsection 5 of
this Section, that the proposed modification meets
the criteria for use of group processing
procedures and a request that such procedures be
used.
D. A list of the source's other pending
applications awaiting group processing, and a
determination of whether the requested
modification, aggregated with these other
applications, equals or exceeds the threshold set
under item (B) of subparagraph (ii) of paragraph
(b) of this subsection.
E. Certification, consistent with paragraph
(e) of subsection 5 of this Section, that the
source has notified USEPA of the proposed
modification. Such notification need only contain
a brief description of the requested modification.
F. Completed forms for the Agency to use to
notify USEPA and affected states as required under
subsections 8 and 9 of this Section.
iv. On a quarterly basis or within 5 business days
after receipt of an application demonstrating that the
aggregate of a source's pending applications equals or
exceeds the threshold level set forth within item (B)
of subparagraph (ii) of paragraph (b) of this
subsection, whichever is earlier, the Agency shall
promptly notify USEPA and affected States of the
requested permit modifications in accordance with
subsections 8 and 9 of this Section. The Agency shall
send any notice required under paragraph (d) of
subsection 8 of this Section to USEPA.
v. The provisions of subparagraph (v) of paragraph
(a) of this subsection shall apply to modifications
eligible for group processing, except that the Agency
shall take one of the actions specified in items (A)
through (D) of subparagraph (v) of paragraph (a) of
this subsection within 180 days after receipt of the
application or 15 days after the end of USEPA's 45-day
review period under subsection 9 of this Section,
whichever is later.
vi. The provisions of subparagraph (vi) of
paragraph (a) of this subsection shall apply to
modifications for group processing.
vii. The provisions of paragraph (j) of subsection
7 of this Section shall not apply to modifications
eligible for group processing.
c. Significant Permit Modifications.
i. Significant modification procedures shall be
used for applications requesting significant permit
modifications and for those applications that do not
qualify as either minor permit modifications or as
administrative permit amendments.
ii. Every significant change in existing
monitoring permit terms or conditions and every
relaxation of reporting or recordkeeping requirements
shall be considered significant. A modification shall
also be considered significant if in the judgment of
the Agency action on an application for modification
would require decisions to be made on technically
complex issues. Nothing herein shall be construed to
preclude the permittee from making changes consistent
with this Section that would render existing permit
compliance terms and conditions irrelevant.
iii. Significant permit modifications must meet
all the requirements of this Section, including those
for applications (including completeness review),
public participation, review by affected States, and
review by USEPA applicable to initial permit issuance
and permit renewal. The Agency shall take final action
on significant permit modifications within 9 months
after receipt of a complete application.
d. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
15. Reopenings for Cause by the Agency.
a. Each issued CAAPP permit shall include provisions
specifying the conditions under which the permit will be
reopened prior to the expiration of the permit. Such
revisions shall be made as expeditiously as practicable. A
CAAPP permit shall be reopened and revised under any of the
following circumstances, in accordance with procedures
adopted by the Agency:
i. Additional requirements under the Clean Air Act
become applicable to a major CAAPP source for which 3
or more years remain on the original term of the
permit. Such a reopening shall be completed not later
than 18 months after the promulgation of the applicable
requirement. No such revision is required if the
effective date of the requirement is later than the
date on which the permit is due to expire.
ii. Additional requirements (including excess
emissions requirements) become applicable to an
affected source for acid deposition under the acid rain
program. Excess emissions offset plans shall be deemed
to be incorporated into the permit upon approval by
USEPA.
iii. The Agency or USEPA determines that the permit
contains a material mistake or that inaccurate
statements were made in establishing the emissions
standards, limitations, or other terms or conditions
of the permit.
iv. The Agency or USEPA determines that the permit
must be revised or revoked to assure compliance with
the applicable requirements.
b. In the event that the Agency determines that there
are grounds for revoking a CAAPP permit, for cause,
consistent with paragraph a of this subsection, it shall
file a petition before the Board setting forth the basis
for such revocation. In any such proceeding, the Agency
shall have the burden of establishing that the permit
should be revoked under the standards set forth in this Act
and the Clean Air Act. Any such proceeding shall be
conducted pursuant to the Board's procedures for
adjudicatory hearings and the Board shall render its
decision within 120 days of the filing of the petition. The
Agency shall take final action to revoke and reissue a
CAAPP permit consistent with the Board's order.
c. Proceedings regarding a reopened CAAPP permit shall
follow the same procedures as apply to initial permit
issuance and shall affect only those parts of the permit
for which cause to reopen exists.
d. Reopenings under paragraph (a) of this subsection
shall not be initiated before a notice of such intent is
provided to the CAAPP source by the Agency at least 30 days
in advance of the date that the permit is to be reopened,
except that the Agency may provide a shorter time period in
the case of an emergency.
e. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
16. Reopenings for Cause by USEPA.
a. When USEPA finds that cause exists to terminate,
modify, or revoke and reissue a CAAPP permit pursuant to
subsection 15 of this Section, and thereafter notifies the
Agency and the permittee of such finding in writing, the
Agency shall forward to USEPA and the permittee a proposed
determination of termination, modification, or revocation
and reissuance as appropriate, in accordance with
paragraph (b) of this subsection. The Agency's proposed
determination shall be in accordance with the record, the
Clean Air Act, regulations promulgated thereunder, this
Act and regulations promulgated thereunder. Such proposed
determination shall not affect the permit or constitute a
final permit action for purposes of this Act or the
Administrative Review Law. The Agency shall forward to
USEPA such proposed determination within 90 days after
receipt of the notification from USEPA. If additional time
is necessary to submit the proposed determination, the
Agency shall request a 90-day extension from USEPA and
shall submit the proposed determination within 180 days
after receipt of notification from USEPA.
b. i. Prior to the Agency's submittal to USEPA of a
proposed determination to terminate or revoke and
reissue the permit, the Agency shall file a petition
before the Board setting forth USEPA's objection, the
permit record, the Agency's proposed determination,
and the justification for its proposed determination.
The Board shall conduct a hearing pursuant to the rules
prescribed by Section 32 of this Act, and the burden of
proof shall be on the Agency.
ii. After due consideration of the written and oral
statements, the testimony and arguments that shall be
submitted at hearing, the Board shall issue and enter
an interim order for the proposed determination, which
shall set forth all changes, if any, required in the
Agency's proposed determination. The interim order
shall comply with the requirements for final orders as
set forth in Section 33 of this Act. Issuance of an
interim order by the Board under this paragraph,
however, shall not affect the permit status and does
not constitute a final action for purposes of this Act
or the Administrative Review Law.
iii. The Board shall cause a copy of its interim
order to be served upon all parties to the proceeding
as well as upon USEPA. The Agency shall submit the
proposed determination to USEPA in accordance with the
Board's Interim Order within 180 days after receipt of
the notification from USEPA.
c. USEPA shall review the proposed determination to
terminate, modify, or revoke and reissue the permit within
90 days after receipt.
i. When USEPA reviews the proposed determination
to terminate or revoke and reissue and does not object,
the Board shall, within 7 days after receipt of USEPA's
final approval, enter the interim order as a final
order. The final order may be appealed as provided by
Title XI of this Act. The Agency shall take final
action in accordance with the Board's final order.
ii. When USEPA reviews such proposed determination
to terminate or revoke and reissue and objects, the
Agency shall submit USEPA's objection and the Agency's
comments and recommendation on the objection to the
Board and permittee. The Board shall review its interim
order in response to USEPA's objection and the Agency's
comments and recommendation and issue a final order in
accordance with Sections 32 and 33 of this Act. The
Agency shall, within 90 days after receipt of such
objection, respond to USEPA's objection in accordance
with the Board's final order.
iii. When USEPA reviews such proposed
determination to modify and objects, the Agency shall,
within 90 days after receipt of the objection, resolve
the objection and modify the permit in accordance with
USEPA's objection, based upon the record, the Clean Air
Act, regulations promulgated thereunder, this Act, and
regulations promulgated thereunder.
d. If the Agency fails to submit the proposed
determination pursuant to paragraph a of this subsection or
fails to resolve any USEPA objection pursuant to paragraph
c of this subsection, USEPA will terminate, modify, or
revoke and reissue the permit.
e. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
17. Title IV; Acid Rain Provisions.
a. The Agency shall act on initial CAAPP applications
for affected sources for acid deposition in accordance with
this Section and Title V of the Clean Air Act and
regulations promulgated thereunder, except as modified by
Title IV of the Clean Air Act and regulations promulgated
thereunder. The Agency shall issue initial CAAPP permits to
the affected sources for acid deposition which shall become
effective no earlier than January 1, 1995, and which shall
terminate on December 31, 1999, in accordance with this
Section. Subsequent CAAPP permits issued to affected
sources for acid deposition shall be issued for a fixed
term of 5 years. Title IV of the Clean Air Act and
regulations promulgated thereunder, including but not
limited to 40 C.F.R. Part 72, as now or hereafter amended,
are applicable to and enforceable under this Act.
b. A designated representative of an affected source
for acid deposition shall submit a timely and complete
Phase II acid rain permit application and compliance plan
to the Agency, not later than January 1, 1996, that meets
the requirements of Titles IV and V of the Clean Air Act
and regulations. The Agency shall act on the Phase II acid
rain permit application and compliance plan in accordance
with this Section and Title V of the Clean Air Act and
regulations promulgated thereunder, except as modified by
Title IV of the Clean Air Act and regulations promulgated
thereunder. The Agency shall issue the Phase II acid rain
permit to an affected source for acid deposition no later
than December 31, 1997, which shall become effective on
January 1, 2000, in accordance with this Section, except as
modified by Title IV and regulations promulgated
thereunder; provided that the designated representative of
the source submitted a timely and complete Phase II permit
application and compliance plan to the Agency that meets
the requirements of Title IV and V of the Clean Air Act and
regulations.
c. Each Phase II acid rain permit issued in accordance
with this subsection shall have a fixed term of 5 years.
Except as provided in paragraph b above, the Agency shall
issue or deny a Phase II acid rain permit within 18 months
of receiving a complete Phase II permit application and
compliance plan.
d. A designated representative of a new unit, as
defined in Section 402 of the Clean Air Act, shall submit a
timely and complete Phase II acid rain permit application
and compliance plan that meets the requirements of Titles
IV and V of the Clean Air Act and its regulations. The
Agency shall act on the new unit's Phase II acid rain
permit application and compliance plan in accordance with
this Section and Title V of the Clean Air Act and its
regulations, except as modified by Title IV of the Clean
Air Act and its regulations. The Agency shall reopen the
new unit's CAAPP permit for cause to incorporate the
approved Phase II acid rain permit in accordance with this
Section. The Phase II acid rain permit for the new unit
shall become effective no later than the date required
under Title IV of the Clean Air Act and its regulations.
e. A designated representative of an affected source
for acid deposition shall submit a timely and complete
Title IV NOx permit application to the Agency, not later
than January 1, 1998, that meets the requirements of Titles
IV and V of the Clean Air Act and its regulations. The
Agency shall reopen the Phase II acid rain permit for cause
and incorporate the approved NOx provisions into the Phase
II acid rain permit not later than January 1, 1999, in
accordance with this Section, except as modified by Title
IV of the Clean Air Act and regulations promulgated
thereunder. Such reopening shall not affect the term of the
Phase II acid rain permit.
f. The designated representative of the affected
source for acid deposition shall renew the initial CAAPP
permit and Phase II acid rain permit in accordance with
this Section and Title V of the Clean Air Act and
regulations promulgated thereunder, except as modified by
Title IV of the Clean Air Act and regulations promulgated
thereunder.
g. In the case of an affected source for acid
deposition for which a complete Phase II acid rain permit
application and compliance plan are timely received under
this subsection, the complete permit application and
compliance plan, including amendments thereto, shall be
binding on the owner, operator and designated
representative, all affected units for acid deposition at
the affected source, and any other unit, as defined in
Section 402 of the Clean Air Act, governed by the Phase II
acid rain permit application and shall be enforceable as an
acid rain permit for purposes of Titles IV and V of the
Clean Air Act, from the date of submission of the acid rain
permit application until a Phase II acid rain permit is
issued or denied by the Agency.
h. The Agency shall not include or implement any
measure which would interfere with or modify the
requirements of Title IV of the Clean Air Act or
regulations promulgated thereunder.
i. Nothing in this Section shall be construed as
affecting allowances or USEPA's decision regarding an
excess emissions offset plan, as set forth in Title IV of
the Clean Air Act or regulations promulgated thereunder.
i. No permit revision shall be required for
increases in emissions that are authorized by
allowances acquired pursuant to the acid rain program,
provided that such increases do not require a permit
revision under any other applicable requirement.
ii. No limit shall be placed on the number of
allowances held by the source. The source may not,
however, use allowances as a defense to noncompliance
with any other applicable requirement.
iii. Any such allowance shall be accounted for
according to the procedures established in regulations
promulgated under Title IV of the Clean Air Act.
j. To the extent that the federal regulations
promulgated under Title IV, including but not limited to 40
C.F.R. Part 72, as now or hereafter amended, are
inconsistent with the federal regulations promulgated
under Title V, the federal regulations promulgated under
Title IV shall take precedence.
k. The USEPA may intervene as a matter of right in any
permit appeal involving a Phase II acid rain permit
provision or denial of a Phase II acid rain permit.
l. It is unlawful for any owner or operator to violate
any terms or conditions of a Phase II acid rain permit
issued under this subsection, to operate any affected
source for acid deposition except in compliance with a
Phase II acid rain permit issued by the Agency under this
subsection, or to violate any other applicable
requirements.
m. The designated representative of an affected source
for acid deposition shall submit to the Agency the data and
information submitted quarterly to USEPA, pursuant to 40
CFR 75.64, concurrently with the submission to USEPA. The
submission shall be in the same electronic format as
specified by USEPA.
n. The Agency shall act on any petition for exemption
of a new unit or retired unit, as those terms are defined
in Section 402 of the Clean Air Act, from the requirements
of the acid rain program in accordance with Title IV of the
Clean Air Act and its regulations.
o. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary to implement this subsection.
18. Fee Provisions.
a. A source subject to this Section or excluded under
subsection 1.1 or paragraph (c) of subsection 3 of this
Section, shall pay a fee as provided in this paragraph (a)
of subsection 18. However, a source that has been excluded
from the provisions of this Section under subsection 1.1 or
under paragraph (c) of subsection 3 of this Section because
the source emits less than 25 tons per year of any
combination of regulated air pollutants, except greenhouse
gases, shall pay fees in accordance with paragraph (1) of
subsection (b) of Section 9.6.
i. The fee for a source allowed to emit less than
100 tons per year of any combination of regulated air
pollutants, except greenhouse gases, shall be $1,800
per year, and that fee shall increase, beginning
January 1, 2012, to $2,150 per year.
ii. The fee for a source allowed to emit 100 tons
or more per year of any combination of regulated air
pollutants, except greenhouse gases and those
regulated air pollutants excluded in paragraph (f) of
this subsection 18, shall be as follows:
A. The Agency shall assess a fee of $18 per
ton, per year for the allowable emissions of
regulated air pollutants subject to this
subparagraph (ii) of paragraph (a) of subsection
18, and that fee shall increase, beginning January
1, 2012, to $21.50 per ton, per year. These fees
shall be used by the Agency and the Board to fund
the activities required by Title V of the Clean Air
Act including such activities as may be carried out
by other State or local agencies pursuant to
paragraph (d) of this subsection. The amount of
such fee shall be based on the information supplied
by the applicant in its complete CAAPP permit
application or in the CAAPP permit if the permit
has been granted and shall be determined by the
amount of emissions that the source is allowed to
emit annually, provided however, that the maximum
fee for a CAAPP permit under this subparagraph (ii)
of paragraph (a) of subsection 18 is $250,000, and
increases, beginning January 1, 2012, to $294,000.
Beginning January 1, 2012, the maximum fee under
this subparagraph (ii) of paragraph (a) of
subsection 18 for a source that has been excluded
under subsection 1.1 of this Section or under
paragraph (c) of subsection 3 of this Section is
$4,112. The Agency shall provide as part of the
permit application form required under subsection
5 of this Section a separate fee calculation form
which will allow the applicant to identify the
allowable emissions and calculate the fee. In no
event shall the Agency raise the amount of
allowable emissions requested by the applicant
unless such increases are required to demonstrate
compliance with terms of a CAAPP permit.
Notwithstanding the above, any applicant may
seek a change in its permit which would result in
increases in allowable emissions due to an
increase in the hours of operation or production
rates of an emission unit or units and such a
change shall be consistent with the construction
permit requirements of the existing State permit
program, under subsection (a) of Section 39 of this
Act and applicable provisions of this Section.
Where a construction permit is required, the
Agency shall expeditiously grant such construction
permit and shall, if necessary, modify the CAAPP
permit based on the same application.
B. The applicant or permittee may pay the fee
annually or semiannually for those fees greater
than $5,000. However, any applicant paying a fee
equal to or greater than $100,000 shall pay the
full amount on July 1, for the subsequent fiscal
year, or pay 50% of the fee on July 1 and the
remaining 50% by the next January 1. The Agency may
change any annual billing date upon reasonable
notice, but shall prorate the new bill so that the
permittee or applicant does not pay more than its
required fees for the fee period for which payment
is made.
b. (Blank).
c. (Blank).
d. There is hereby created in the State Treasury a
special fund to be known as the Clean Air Act Permit Fund
(formerly known as the CAA Permit Fund). All Funds
collected by the Agency pursuant to this subsection shall
be deposited into the Fund. The General Assembly shall
appropriate monies from this Fund to the Agency and to the
Board to carry out their obligations under this Section.
The General Assembly may also authorize monies to be
granted by the Agency from this Fund to other State and
local agencies which perform duties related to the CAAPP.
Interest generated on the monies deposited in this Fund
shall be returned to the Fund.
e. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary to implement this subsection.
f. For purposes of this subsection, the term "regulated
air pollutant" shall have the meaning given to it under
subsection 1 of this Section but shall exclude the
following:
i. carbon monoxide;
ii. any Class I or II substance which is a
regulated air pollutant solely because it is listed
pursuant to Section 602 of the Clean Air Act; and
iii. any pollutant that is a regulated air
pollutant solely because it is subject to a standard or
regulation under Section 112(r) of the Clean Air Act
based on the emissions allowed in the permit effective
in that calendar year, at the time the applicable bill
is generated.
19. Air Toxics Provisions.
a. In the event that the USEPA fails to promulgate in a
timely manner a standard pursuant to Section 112(d) of the
Clean Air Act, the Agency shall have the authority to issue
permits, pursuant to Section 112(j) of the Clean Air Act
and regulations promulgated thereunder, which contain
emission limitations which are equivalent to the emission
limitations that would apply to a source if an emission
standard had been promulgated in a timely manner by USEPA
pursuant to Section 112(d). Provided, however, that the
owner or operator of a source shall have the opportunity to
submit to the Agency a proposed emission limitation which
it determines to be equivalent to the emission limitations
that would apply to such source if an emission standard had
been promulgated in a timely manner by USEPA. If the Agency
refuses to include the emission limitation proposed by the
owner or operator in a CAAPP permit, the owner or operator
may petition the Board to establish whether the emission
limitation proposal submitted by the owner or operator
provides for emission limitations which are equivalent to
the emission limitations that would apply to the source if
the emission standard had been promulgated by USEPA in a
timely manner. The Board shall determine whether the
emission limitation proposed by the owner or operator or an
alternative emission limitation proposed by the Agency
provides for the level of control required under Section
112 of the Clean Air Act, or shall otherwise establish an
appropriate emission limitation, pursuant to Section 112
of the Clean Air Act.
b. Any Board proceeding brought under paragraph (a) or
(e) of this subsection shall be conducted according to the
Board's procedures for adjudicatory hearings and the Board
shall render its decision within 120 days of the filing of
the petition. Any such decision shall be subject to review
pursuant to Section 41 of this Act. Where USEPA promulgates
an applicable emission standard prior to the issuance of
the CAAPP permit, the Agency shall include in the permit
the promulgated standard, provided that the source shall
have the compliance period provided under Section 112(i) of
the Clean Air Act. Where USEPA promulgates an applicable
standard subsequent to the issuance of the CAAPP permit,
the Agency shall revise such permit upon the next renewal
to reflect the promulgated standard, providing a
reasonable time for the applicable source to comply with
the standard, but no longer than 8 years after the date on
which the source is first required to comply with the
emissions limitation established under this subsection.
c. The Agency shall have the authority to implement and
enforce complete or partial emission standards promulgated
by USEPA pursuant to Section 112(d), and standards
promulgated by USEPA pursuant to Sections 112(f), 112(h),
112(m), and 112(n), and may accept delegation of authority
from USEPA to implement and enforce Section 112(l) and
requirements for the prevention and detection of
accidental releases pursuant to Section 112(r) of the Clean
Air Act.
d. The Agency shall have the authority to issue permits
pursuant to Section 112(i)(5) of the Clean Air Act.
e. The Agency has the authority to implement Section
112(g) of the Clean Air Act consistent with the Clean Air
Act and federal regulations promulgated thereunder. If the
Agency refuses to include the emission limitations
proposed in an application submitted by an owner or
operator for a case-by-case maximum achievable control
technology (MACT) determination, the owner or operator may
petition the Board to determine whether the emission
limitation proposed by the owner or operator or an
alternative emission limitation proposed by the Agency
provides for a level of control required by Section 112 of
the Clean Air Act, or to otherwise establish an appropriate
emission limitation under Section 112 of the Clean Air Act.
20. Small Business.
a. For purposes of this subsection:
"Program" is the Small Business Stationary Source
Technical and Environmental Compliance Assistance Program
created within this State pursuant to Section 507 of the
Clean Air Act and guidance promulgated thereunder, to
provide technical assistance and compliance information to
small business stationary sources;
"Small Business Assistance Program" is a component of
the Program responsible for providing sufficient
communications with small businesses through the
collection and dissemination of information to small
business stationary sources; and
"Small Business Stationary Source" means a stationary
source that:
1. is owned or operated by a person that employs
100 or fewer individuals;
2. is a small business concern as defined in the
"Small Business Act";
3. is not a major source as that term is defined in
subsection 2 of this Section;
4. does not emit 50 tons or more per year of any
regulated air pollutant, except greenhouse gases; and
5. emits less than 75 tons per year of all
regulated pollutants, except greenhouse gases.
b. The Agency shall adopt and submit to USEPA, after
reasonable notice and opportunity for public comment, as a
revision to the Illinois state implementation plan, plans
for establishing the Program.
c. The Agency shall have the authority to enter into
such contracts and agreements as the Agency deems necessary
to carry out the purposes of this subsection.
d. The Agency may establish such procedures as it may
deem necessary for the purposes of implementing and
executing its responsibilities under this subsection.
e. There shall be appointed a Small Business Ombudsman
(hereinafter in this subsection referred to as
"Ombudsman") to monitor the Small Business Assistance
Program. The Ombudsman shall be a nonpartisan designated
official, with the ability to independently assess whether
the goals of the Program are being met.
f. The State Ombudsman Office shall be located in an
existing Ombudsman office within the State or in any State
Department.
g. There is hereby created a State Compliance Advisory
Panel (hereinafter in this subsection referred to as
"Panel") for determining the overall effectiveness of the
Small Business Assistance Program within this State.
h. The selection of Panel members shall be by the
following method:
1. The Governor shall select two members who are
not owners or representatives of owners of small
business stationary sources to represent the general
public;
2. The Director of the Agency shall select one
member to represent the Agency; and
3. The State Legislature shall select four members
who are owners or representatives of owners of small
business stationary sources. Both the majority and
minority leadership in both Houses of the Legislature
shall appoint one member of the panel.
i. Panel members should serve without compensation but
will receive full reimbursement for expenses including
travel and per diem as authorized within this State.
j. The Panel shall select its own Chair by a majority
vote. The Chair may meet and consult with the Ombudsman and
the head of the Small Business Assistance Program in
planning the activities for the Panel.
21. Temporary Sources.
a. The Agency may issue a single permit authorizing
emissions from similar operations by the same source owner
or operator at multiple temporary locations, except for
sources which are affected sources for acid deposition
under Title IV of the Clean Air Act.
b. The applicant must demonstrate that the operation is
temporary and will involve at least one change of location
during the term of the permit.
c. Any such permit shall meet all applicable
requirements of this Section and applicable regulations,
and include conditions assuring compliance with all
applicable requirements at all authorized locations and
requirements that the owner or operator notify the Agency
at least 10 days in advance of each change in location.
22. Solid Waste Incineration Units.
a. A CAAPP permit for a solid waste incineration unit
combusting municipal waste subject to standards
promulgated under Section 129(e) of the Clean Air Act shall
be issued for a period of 12 years and shall be reviewed
every 5 years, unless the Agency requires more frequent
review through Agency procedures.
b. During the review in paragraph (a) of this
subsection, the Agency shall fully review the previously
submitted CAAPP permit application and corresponding
reports subsequently submitted to determine whether the
source is in compliance with all applicable requirements.
c. If the Agency determines that the source is not in
compliance with all applicable requirements it shall
revise the CAAPP permit as appropriate.
d. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
(Source: P.A. 99-380, eff. 8-17-15; 99-933, eff. 1-27-17.)
(415 ILCS 5/55) (from Ch. 111 1/2, par. 1055)
Sec. 55. Prohibited activities.
(a) No person shall:
(1) Cause or allow the open dumping of any used or
waste tire.
(2) Cause or allow the open burning of any used or
waste tire.
(3) Except at a tire storage site which contains more
than 50 used tires, cause or allow the storage of any used
tire unless the tire is altered, reprocessed, converted,
covered, or otherwise prevented from accumulating water.
(4) Cause or allow the operation of a tire storage site
except in compliance with Board regulations.
(5) Abandon, dump or dispose of any used or waste tire
on private or public property, except in a sanitary
landfill approved by the Agency pursuant to regulations
adopted by the Board.
(6) Fail to submit required reports, tire removal
agreements, or Board regulations.
(b) (Blank.)
(b-1) No Beginning January 1, 1995, no person shall
knowingly mix any used or waste tire, either whole or cut, with
municipal waste, and no owner or operator of a sanitary
landfill shall accept any used or waste tire for final
disposal; except that used or waste tires, when separated from
other waste, may be accepted if: (1) the sanitary landfill
provides and maintains a means for shredding, slitting, or
chopping whole tires and so treats whole tires and, if approved
by the Agency in a permit issued under this Act, uses the used
or waste tires for alternative uses, which may include on-site
practices such as lining of roadways with tire scraps,
alternative daily cover, or use in a leachate collection system
or (2) the sanitary landfill, by its notification to the
Illinois Industrial Materials Exchange Service, makes
available the used or waste tire to an appropriate facility for
reuse, reprocessing, or converting, including use as an
alternate energy fuel. If, within 30 days after notification to
the Illinois Industrial Materials Exchange Service of the
availability of waste tires, no specific request for the used
or waste tires is received by the sanitary landfill, and the
sanitary landfill determines it has no alternative use for
those used or waste tires, the sanitary landfill may dispose of
slit, chopped, or shredded used or waste tires in the sanitary
landfill. In the event the physical condition of a used or
waste tire makes shredding, slitting, chopping, reuse,
reprocessing, or other alternative use of the used or waste
tire impractical or infeasible, then the sanitary landfill,
after authorization by the Agency, may accept the used or waste
tire for disposal.
Sanitary landfills and facilities for reuse, reprocessing,
or converting, including use as alternative fuel, shall (i)
notify the Illinois Industrial Materials Exchange Service of
the availability of and demand for used or waste tires and (ii)
consult with the Department of Commerce and Economic
Opportunity regarding the status of marketing of waste tires to
facilities for reuse.
(c) Any person who sells new or used tires at retail or
operates a tire storage site or a tire disposal site which
contains more than 50 used or waste tires shall give notice of
such activity to the Agency. Any person engaging in such
activity for the first time after January 1, 1990, shall give
notice to the Agency within 30 days after the date of
commencement of the activity. The form of such notice shall be
specified by the Agency and shall be limited to information
regarding the following:
(1) the name and address of the owner and operator;
(2) the name, address and location of the operation;
(3) the type of operations involving used and waste
tires (storage, disposal, conversion or processing); and
(4) the number of used and waste tires present at the
location.
(d) Beginning January 1, 1992, no person shall cause or
allow the operation of:
(1) a tire storage site which contains more than 50
used tires, unless the owner or operator, by January 1,
1992 (or the January 1 following commencement of operation,
whichever is later) and January 1 of each year thereafter,
(i) registers the site with the Agency, except that the
registration requirement in this item (i) does not apply in
the case of a tire storage site required to be permitted
under subsection (d-5), (ii) certifies to the Agency that
the site complies with any applicable standards adopted by
the Board pursuant to Section 55.2, (iii) reports to the
Agency the number of tires accumulated, the status of
vector controls, and the actions taken to handle and
process the tires, and (iv) pays the fee required under
subsection (b) of Section 55.6; or
(2) a tire disposal site, unless the owner or operator
(i) has received approval from the Agency after filing a
tire removal agreement pursuant to Section 55.4, or (ii)
has entered into a written agreement to participate in a
consensual removal action under Section 55.3.
The Agency shall provide written forms for the annual
registration and certification required under this subsection
(d).
(d-4) On or before January 1, 2015, the owner or operator
of each tire storage site that contains used tires totaling
more than 10,000 passenger tire equivalents, or at which more
than 500 tons of used tires are processed in a calendar year,
shall submit documentation demonstrating its compliance with
Board rules adopted under this Title. This documentation must
be submitted on forms and in a format prescribed by the Agency.
(d-5) Beginning July 1, 2016, no person shall cause or
allow the operation of a tire storage site that contains used
tires totaling more than 10,000 passenger tire equivalents, or
at which more than 500 tons of used tires are processed in a
calendar year, without a permit granted by the Agency or in
violation of any conditions imposed by that permit, including
periodic reports and full access to adequate records and the
inspection of facilities, as may be necessary to ensure
compliance with this Act and with regulations and standards
adopted under this Act.
(d-6) No person shall cause or allow the operation of a
tire storage site in violation of the financial assurance rules
established by the Board under subsection (b) of Section 55.2
of this Act. In addition to the remedies otherwise provided
under this Act, the State's Attorney of the county in which the
violation occurred, or the Attorney General, may, at the
request of the Agency or on his or her own motion, institute a
civil action for an immediate injunction, prohibitory or
mandatory, to restrain any violation of this subsection (d-6)
or to require any other action as may be necessary to abate or
mitigate any immediate danger or threat to public health or the
environment at the site. Injunctions to restrain a violation of
this subsection (d-6) may include, but are not limited to, the
required removal of all tires for which financial assurance is
not maintained and a prohibition against the acceptance of
tires in excess of the amount for which financial assurance is
maintained.
(e) No person shall cause or allow the storage, disposal,
treatment or processing of any used or waste tire in violation
of any regulation or standard adopted by the Board.
(f) No person shall arrange for the transportation of used
or waste tires away from the site of generation with a person
known to openly dump such tires.
(g) No person shall engage in any operation as a used or
waste tire transporter except in compliance with Board
regulations.
(h) No person shall cause or allow the combustion of any
used or waste tire in an enclosed device unless a permit has
been issued by the Agency authorizing such combustion pursuant
to regulations adopted by the Board for the control of air
pollution and consistent with the provisions of Section 9.4 of
this Act.
(i) No person shall cause or allow the use of pesticides to
treat tires except as prescribed by Board regulations.
(j) No person shall fail to comply with the terms of a tire
removal agreement approved by the Agency pursuant to Section
55.4.
(k) No person shall:
(1) Cause or allow water to accumulate in used or waste
tires. The prohibition set forth in this paragraph (1) of
subsection (k) shall not apply to used or waste tires
located at a residential household, as long as not more
than 12 used or waste tires are located at the site.
(2) Fail to collect a fee required under Section 55.8
of this Title.
(3) Fail to file a return required under Section 55.10
of this Title.
(4) Transport used or waste tires in violation of the
registration and vehicle placarding requirements adopted
by the Board.
(Source: P.A. 98-656, eff. 6-19-14.)
(415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)
Sec. 55.6. Used Tire Management Fund.
(a) There is hereby created in the State Treasury a special
fund to be known as the Used Tire Management Fund. There shall
be deposited into the Fund all monies received as (1) recovered
costs or proceeds from the sale of used tires under Section
55.3 of this Act, (2) repayment of loans from the Used Tire
Management Fund, or (3) penalties or punitive damages for
violations of this Title, except as provided by subdivision
(b)(4) or (b)(4-5) of Section 42.
(b) Beginning January 1, 1992, in addition to any other
fees required by law, the owner or operator of each site
required to be registered or permitted under subsection (d) or
(d-5) of Section 55 shall pay to the Agency an annual fee of
$100. Fees collected under this subsection shall be deposited
into the Environmental Protection Permit and Inspection Fund.
(c) Pursuant to appropriation, monies up to an amount of $2
million per fiscal year from the Used Tire Management Fund
shall be allocated as follows:
(1) 38% shall be available to the Agency for the
following purposes, provided that priority shall be given
to item (i):
(i) To undertake preventive, corrective or removal
action as authorized by and in accordance with Section
55.3, and to recover costs in accordance with Section
55.3.
(ii) For the performance of inspection and
enforcement activities for used and waste tire sites.
(iii) (Blank). To assist with marketing of used
tires by augmenting the operations of an industrial
materials exchange service.
(iv) To provide financial assistance to units of
local government for the performance of inspecting,
investigating and enforcement activities pursuant to
subsection (r) of Section 4 at used and waste tire
sites.
(v) To provide financial assistance for used and
waste tire collection projects sponsored by local
government or not-for-profit corporations.
(vi) For the costs of fee collection and
administration relating to used and waste tires, and to
accomplish such other purposes as are authorized by
this Act and regulations thereunder.
(vii) To provide financial assistance to units of
local government and private industry for the purposes
of:
(A) assisting in the establishment of
facilities and programs to collect, process, and
utilize used and waste tires and tire-derived
materials;
(B) demonstrating the feasibility of
innovative technologies as a means of collecting,
storing, processing, and utilizing used and waste
tires and tire-derived materials; and
(C) applying demonstrated technologies as a
means of collecting, storing, processing, and
utilizing used and waste tires and tire-derived
materials.
(2) For fiscal years beginning prior to July 1, 2004,
23% shall be available to the Department of Commerce and
Economic Opportunity for the following purposes, provided
that priority shall be given to item (A):
(A) To provide grants or loans for the purposes of:
(i) assisting units of local government and
private industry in the establishment of
facilities and programs to collect, process and
utilize used and waste tires and tire derived
materials;
(ii) demonstrating the feasibility of
innovative technologies as a means of collecting,
storing, processing and utilizing used and waste
tires and tire derived materials; and
(iii) applying demonstrated technologies as a
means of collecting, storing, processing, and
utilizing used and waste tires and tire derived
materials.
(B) To develop educational material for use by
officials and the public to better understand and
respond to the problems posed by used tires and
associated insects.
(C) (Blank).
(D) To perform such research as the Director deems
appropriate to help meet the purposes of this Act.
(E) To pay the costs of administration of its
activities authorized under this Act.
(2.1) For the fiscal year beginning July 1, 2004 and
for all fiscal years thereafter, 23% shall be deposited
into the General Revenue Fund.
(3) 25% shall be available to the Illinois Department
of Public Health for the following purposes:
(A) To investigate threats or potential threats to
the public health related to mosquitoes and other
vectors of disease associated with the improper
storage, handling and disposal of tires, improper
waste disposal, or natural conditions.
(B) To conduct surveillance and monitoring
activities for mosquitoes and other arthropod vectors
of disease, and surveillance of animals which provide a
reservoir for disease-producing organisms.
(C) To conduct training activities to promote
vector control programs and integrated pest management
as defined in the Vector Control Act.
(D) To respond to inquiries, investigate
complaints, conduct evaluations and provide technical
consultation to help reduce or eliminate public health
hazards and nuisance conditions associated with
mosquitoes and other vectors.
(E) To provide financial assistance to units of
local government for training, investigation and
response to public nuisances associated with
mosquitoes and other vectors of disease.
(4) 2% shall be available to the Department of
Agriculture for its activities under the Illinois
Pesticide Act relating to used and waste tires.
(5) 2% shall be available to the Pollution Control
Board for administration of its activities relating to used
and waste tires.
(6) 10% shall be available to the Department of Natural
Resources for the Illinois Natural History Survey to
perform research to study the biology, distribution,
population ecology, and biosystematics of tire-breeding
arthropods, especially mosquitoes, and the diseases they
spread.
(d) By January 1, 1998, and biennially thereafter, each
State agency receiving an appropriation from the Used Tire
Management Fund shall report to the Governor and the General
Assembly on its activities relating to the Fund.
(e) Any monies appropriated from the Used Tire Management
Fund, but not obligated, shall revert to the Fund.
(f) In administering the provisions of subdivisions (1),
(2) and (3) of subsection (c) of this Section, the Agency, the
Department of Commerce and Economic Opportunity, and the
Illinois Department of Public Health shall ensure that
appropriate funding assistance is provided to any municipality
with a population over 1,000,000 or to any sanitary district
which serves a population over 1,000,000.
(g) Pursuant to appropriation, monies in excess of $2
million per fiscal year from the Used Tire Management Fund
shall be used as follows:
(1) 55% shall be available to the Agency for the
following purposes, provided that priority shall be given
to subparagraph (A):
(A) To undertake preventive, corrective or renewed
action as authorized by and in accordance with Section
55.3 and to recover costs in accordance with Section
55.3.
(B) To provide financial assistance to units of
local government and private industry for the purposes
of:
(i) assisting in the establishment of
facilities and programs to collect, process, and
utilize used and waste tires and tire-derived
materials;
(ii) demonstrating the feasibility of
innovative technologies as a means of collecting,
storing, processing, and utilizing used and waste
tires and tire-derived materials; and
(iii) applying demonstrated technologies as a
means of collecting, storing, processing, and
utilizing used and waste tires and tire-derived
materials.
(2) For fiscal years beginning prior to July 1, 2004,
45% shall be available to the Department of Commerce and
Economic Opportunity to provide grants or loans for the
purposes of:
(i) assisting units of local government and
private industry in the establishment of facilities
and programs to collect, process and utilize waste
tires and tire derived material;
(ii) demonstrating the feasibility of innovative
technologies as a means of collecting, storing,
processing, and utilizing used and waste tires and tire
derived materials; and
(iii) applying demonstrated technologies as a
means of collecting, storing, processing, and
utilizing used and waste tires and tire derived
materials.
(3) For the fiscal year beginning July 1, 2004 and for
all fiscal years thereafter, 45% shall be deposited into
the General Revenue Fund.
(Source: P.A. 98-656, eff. 6-19-14.)
(415 ILCS 5/17.6 rep.)
Section 15. The Environmental Protection Act is amended by
repealing Section 17.6.
Section 20. The Environmental Toxicology Act is amended by
changing Sections 3 and 5 as follows:
(415 ILCS 75/3) (from Ch. 111 1/2, par. 983)
Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires;
(a) "Department" means the Illinois Department of Public
Health;
(b) "Director" means the Director of the Illinois
Department of Public Health;
(c) "Program" means the Environmental Toxicology program
as established by this Act;
(d) "Exposure" means contact with a hazardous substance;
(e) "Hazardous Substance" means chemical compounds,
elements, or combinations of chemicals which, because of
quantity concentration, physical characteristics or
toxicological characteristics may pose a substantial present
or potential hazard to human health and includes, but is not
limited to, any substance defined as a hazardous substance in
Section 3.215 of the "Environmental Protection Act", approved
June 29, 1970, as amended;
(f) "Initial Assessment" means a review and evaluation of
site history and hazardous substances involved, potential for
population exposure, the nature of any health related
complaints and any known patterns in disease occurrence;
(g) "Comprehensive Health Study" means a detailed analysis
which may include: a review of available environmental,
morbidity and mortality data; environmental and biological
sampling; detailed review of scientific literature; exposure
analysis; population surveys; or any other scientific or
epidemiologic methods deemed necessary to adequately evaluate
the health status of the population at risk and any potential
relationship to environmental factors;
(h) "Superfund Site" means any hazardous waste site
designated for cleanup on the National Priorities List as
mandated by the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (P.L. 96-510), as
amended;
(i) (Blank). "State Remedial Action Priority List" means a
list compiled by the Illinois Environmental Protection Agency
which identifies sites that appear to present significant risk
to the public health, welfare or environment.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 75/5) (from Ch. 111 1/2, par. 985)
Sec. 5. (a) Upon request by the Illinois Environmental
Protection Agency, the Department shall conduct an initial
assessment for any location designated as a Superfund Site or
on the State Remedial Action Priority List. Such assessment
shall be initiated within 60 days of the request.
(b) (Blank). For sites designated as Superfund Sites or
sites on the State Remedial Action Priority List on the
effective date of this Act, the Department and the Illinois
Environmental Protection Agency shall jointly determine which
sites warrant initial assessment. If warranted, initial
assessment shall be initiated by January 1, 1986.
(c) If, as a result of the initial assessment, the
Department determines that a public health problem related to
exposure to hazardous substances may exist in a community
located near a designated site, the Department shall conduct a
comprehensive health study to assess the full relationship, if
any, between such threat or potential threat and possible
exposure to hazardous substances at the designated site.
(Source: P.A. 84-987.)
Section 99. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance