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