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1		AN ACT concerning safety.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. Short title. This Act may be cited as the
5		Illinois Workers' Rights and Worker Safety Act.
6		Section 10. Definitions. As used in this Act:
7		"Federal law" means the federal Fair Labor Standards Act,
8		the federal Occupational Safety and Health Act, the Federal
9		Coal Mine Health and Safety Act, and federal regulations issued
10		under these federal statutes as these federal statutes existed
11		on January 19, 2017.
12		"State agency" means a State agency designated by law to
13		implement the federal law or its State analog.
14		Section 15. Operative provisions. Except as authorized by
15		State law enacted after January 19, 2017, a State agency may
16		not amend or revise the State agency's rules in a manner that
17		is less stringent in its protection of workers' rights or
18		worker safety than standards established under federal law as
19		the federal law existed on January 19, 2017.
20		Except as otherwise provided in State law, a State agency
21		may establish workers' rights and worker safety standards for
22		Illinois that are more stringent than those provided in federal

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1		law as the federal law existed on January 19, 2017.
2		Section 20. Implementation; reporting. Each State agency
3		shall undertake all feasible efforts using the State agency's
4		authority under State and federal law to implement and enforce
5		this Act. Each State agency that takes steps to enforce this
6		Act shall submit a report to the General Assembly at least once
7		every year describing the State agency's compliance with this
8		Act. The report to the General Assembly shall be filed with the
9		Clerk of the House of Representatives and the Secretary of the
10		Senate in electronic form only, in the manner that the Clerk
11		and the Secretary shall direct.
12		Section 25. Repeal. This Act is repealed 3 years from the
13		effective date of this Act.
14		Section 30. The Environmental Protection Act is amended by
15		changing Sections 9.15 and 39.5 and by adding Title XVIII as
16		follows:
17		(415 ILCS 5/9.15)
18		Sec. 9.15. Greenhouse gases.
19		(a) An air pollution construction permit shall not be
20		required due to emissions of greenhouse gases if the equipment,
21		site, or source is not subject to regulation, as defined by 40
22		CFR 52.21, as now or hereafter amended, for greenhouse gases.

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1		This exemption does not relieve an owner or operator from the
2		obligation to comply with other applicable rules or
3		regulations.
4		(b) An air pollution operating permit shall not be required
5		due to emissions of greenhouse gases if the equipment, site, or
6		source is not subject to regulation, as defined by Section 39.5
7		of this Act, for greenhouse gases. This exemption does not
8		relieve an owner or operator from the obligation to comply with
9		other applicable rules or regulations.
10		(c) (Blank). Notwithstanding any provision to the contrary
11		in this Section, an air pollution construction or operating
12		permit shall not be required due to emissions of greenhouse
13		gases if any of the following events occur:
14		(1) enactment of federal legislation depriving the
15		Administrator of the USEPA of authority to regulate
16		greenhouse gases under the Clean Air Act;
17		(2) the issuance of any opinion, ruling, judgment,
18		order, or decree by a federal court depriving the
19		Administrator of the USEPA of authority to regulate
20		greenhouse gases under the Clean Air Act; or
21		(3) action by the President of the United States or the
22		President's authorized agent, including the Administrator
23		of the USEPA, to repeal or withdraw the Greenhouse Gas
24		Tailoring Rule (75 Fed. Reg. 31514, June 3, 2010).
25		This subsection (c) does not relieve an owner or operator
26		from the obligation to comply with applicable rules or

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1		regulations other than those relating to greenhouse gases.
2		(d) (Blank). If any event listed in subsection (c) of this
3		Section occurs, permits issued after such event shall not
4		impose permit terms or conditions addressing greenhouse gases
5		during the effectiveness of any event listed in subsection (c).
6		(e) (Blank). If an event listed in subsection (c) of this
7		Section occurs, any owner or operator with a permit that
8		includes terms or conditions addressing greenhouse gases may
9		elect to submit an application to the Agency to address a
10		revision or repeal of such terms or conditions. The Agency
11		shall expeditiously process such permit application in
12		accordance with applicable laws and regulations.
13		(Source: P.A. 97-95, eff. 7-12-11.)
14		(415 ILCS 5/39.5) (from Ch. 111 1/2, par. 1039.5)
15		Sec. 39.5. Clean Air Act Permit Program.
16		1. Definitions. For purposes of this Section:
17		"Administrative permit amendment" means a permit revision
18		subject to subsection 13 of this Section.
19		"Affected source for acid deposition" means a source that
20		includes one or more affected units under Title IV of the Clean
21		Air Act.
22		"Affected States" for purposes of formal distribution of a
23		draft CAAPP permit to other States for comments prior to
24		issuance, means all States:
25		(1) Whose air quality may be affected by the source

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1		covered by the draft permit and that are contiguous to
2		Illinois; or
3		(2) That are within 50 miles of the source.
4		"Affected unit for acid deposition" shall have the meaning
5		given to the term "affected unit" in the regulations
6		promulgated under Title IV of the Clean Air Act.
7		"Applicable Clean Air Act requirement" means all of the
8		following as they apply to emissions units in a source
9		(including regulations that have been promulgated or approved
10		by USEPA pursuant to the Clean Air Act which directly impose
11		requirements upon a source and other such federal requirements
12		which have been adopted by the Board. These may include
13		requirements and regulations which have future effective
14		compliance dates. Requirements and regulations will be exempt
15		if USEPA determines that such requirements need not be
16		contained in a Title V permit):
17		(1) Any standard or other requirement provided for in
18		the applicable state implementation plan approved or
19		promulgated by USEPA under Title I of the Clean Air Act
20		that implements the relevant requirements of the Clean Air
21		Act, including any revisions to the state Implementation
22		Plan promulgated in 40 CFR Part 52, Subparts A and O and
23		other subparts applicable to Illinois. For purposes of this
24		paragraph (1) of this definition, "any standard or other
25		requirement" means only such standards or requirements
26		directly enforceable against an individual source under

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1		the Clean Air Act.
2		(2)(i) Any term or condition of any preconstruction
3		permits issued pursuant to regulations approved or
4		promulgated by USEPA under Title I of the Clean Air
5		Act, including Part C or D of the Clean Air Act.
6		(ii) Any term or condition as required pursuant to
7		Section 39.5 of any federally enforceable State
8		operating permit issued pursuant to regulations
9		approved or promulgated by USEPA under Title I of the
10		Clean Air Act, including Part C or D of the Clean Air
11		Act.
12		(3) Any standard or other requirement under Section 111
13		of the Clean Air Act, including Section 111(d).
14		(4) Any standard or other requirement under Section 112
15		of the Clean Air Act, including any requirement concerning
16		accident prevention under Section 112(r)(7) of the Clean
17		Air Act.
18		(5) Any standard or other requirement of the acid rain
19		program under Title IV of the Clean Air Act or the
20		regulations promulgated thereunder.
21		(6) Any requirements established pursuant to Section
22		504(b) or Section 114(a)(3) of the Clean Air Act.
23		(7) Any standard or other requirement governing solid
24		waste incineration, under Section 129 of the Clean Air Act.
25		(8) Any standard or other requirement for consumer and
26		commercial products, under Section 183(e) of the Clean Air

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1		Act.
2		(9) Any standard or other requirement for tank vessels,
3		under Section 183(f) of the Clean Air Act.
4		(10) Any standard or other requirement of the program
5		to control air pollution from Outer Continental Shelf
6		sources, under Section 328 of the Clean Air Act.
7		(11) Any standard or other requirement of the
8		regulations promulgated to protect stratospheric ozone
9		under Title VI of the Clean Air Act, unless USEPA has
10		determined that such requirements need not be contained in
11		a Title V permit.
12		(12) Any national ambient air quality standard or
13		increment or visibility requirement under Part C of Title I
14		of the Clean Air Act, but only as it would apply to
15		temporary sources permitted pursuant to Section 504(e) of
16		the Clean Air Act.
17		"Applicable requirement" means all applicable Clean Air
18		Act requirements and any other standard, limitation, or other
19		requirement contained in this Act or regulations promulgated
20		under this Act as applicable to sources of air contaminants
21		(including requirements that have future effective compliance
22		dates).
23		"CAAPP" means the Clean Air Act Permit Program, developed
24		pursuant to Title V of the Clean Air Act.
25		"CAAPP application" means an application for a CAAPP
26		permit.

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1		"CAAPP Permit" or "permit" (unless the context suggests
2		otherwise) means any permit issued, renewed, amended, modified
3		or revised pursuant to Title V of the Clean Air Act.
4		"CAAPP source" means any source for which the owner or
5		operator is required to obtain a CAAPP permit pursuant to
6		subsection 2 of this Section.
7		"Clean Air Act" means the Clean Air Act, as now and
8		hereafter amended, 42 U.S.C. 7401, et seq.
9		"Designated representative" has the meaning given to it in
10		Section 402(26) of the Clean Air Act and the regulations
11		promulgated thereunder, which state that the term "designated
12		representative" means a responsible person or official
13		authorized by the owner or operator of a unit to represent the
14		owner or operator in all matters pertaining to the holding,
15		transfer, or disposition of allowances allocated to a unit, and
16		the submission of and compliance with permits, permit
17		applications, and compliance plans for the unit.
18		"Draft CAAPP permit" means the version of a CAAPP permit
19		for which public notice and an opportunity for public comment
20		and hearing is offered by the Agency.
21		"Effective date of the CAAPP" means the date that USEPA
22		approves Illinois' CAAPP.
23		"Emission unit" means any part or activity of a stationary
24		source that emits or has the potential to emit any air
25		pollutant. This term is not meant to alter or affect the
26		definition of the term "unit" for purposes of Title IV of the

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1		Clean Air Act.
2		"Federally enforceable" means enforceable by USEPA.
3		"Final permit action" means the Agency's granting with
4		conditions, refusal to grant, renewal of, or revision of a
5		CAAPP permit, the Agency's determination of incompleteness of a
6		submitted CAAPP application, or the Agency's failure to act on
7		an application for a permit, permit renewal, or permit revision
8		within the time specified in subsection 13, subsection 14, or
9		paragraph (j) of subsection 5 of this Section.
10		"General permit" means a permit issued to cover numerous
11		similar sources in accordance with subsection 11 of this
12		Section.
13		"Major source" means a source for which emissions of one or
14		more air pollutants meet the criteria for major status pursuant
15		to paragraph (c) of subsection 2 of this Section.
16		"Maximum achievable control technology" or "MACT" means
17		the maximum degree of reductions in emissions deemed achievable
18		under Section 112 of the Clean Air Act.
19		"Owner or operator" means any person who owns, leases,
20		operates, controls, or supervises a stationary source.
21		"Permit modification" means a revision to a CAAPP permit
22		that cannot be accomplished under the provisions for
23		administrative permit amendments under subsection 13 of this
24		Section.
25		"Permit revision" means a permit modification or
26		administrative permit amendment.

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1		"Phase II" means the period of the national acid rain
2		program, established under Title IV of the Clean Air Act,
3		beginning January 1, 2000, and continuing thereafter.
4		"Phase II acid rain permit" means the portion of a CAAPP
5		permit issued, renewed, modified, or revised by the Agency
6		during Phase II for an affected source for acid deposition.
7		"Potential to emit" means the maximum capacity of a
8		stationary source to emit any air pollutant under its physical
9		and operational design. Any physical or operational limitation
10		on the capacity of a source to emit an air pollutant, including
11		air pollution control equipment and restrictions on hours of
12		operation or on the type or amount of material combusted,
13		stored, or processed, shall be treated as part of its design if
14		the limitation is enforceable by USEPA. This definition does
15		not alter or affect the use of this term for any other purposes
16		under the Clean Air Act, or the term "capacity factor" as used
17		in Title IV of the Clean Air Act or the regulations promulgated
18		thereunder.
19		"Preconstruction Permit" or "Construction Permit" means a
20		permit which is to be obtained prior to commencing or beginning
21		actual construction or modification of a source or emissions
22		unit.
23		"Proposed CAAPP permit" means the version of a CAAPP permit
24		that the Agency proposes to issue and forwards to USEPA for
25		review in compliance with applicable requirements of the Act
26		and regulations promulgated thereunder.

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1		"Regulated air pollutant" means the following:
2		(1) Nitrogen oxides (NOx) or any volatile organic
3		compound.
4		(2) Any pollutant for which a national ambient air
5		quality standard has been promulgated.
6		(3) Any pollutant that is subject to any standard
7		promulgated under Section 111 of the Clean Air Act.
8		(4) Any Class I or II substance subject to a standard
9		promulgated under or established by Title VI of the Clean
10		Air Act.
11		(5) Any pollutant subject to a standard promulgated
12		under Section 112 or other requirements established under
13		Section 112 of the Clean Air Act, including Sections
14		112(g), (j) and (r).
15		(i) Any pollutant subject to requirements under
16		Section 112(j) of the Clean Air Act. Any pollutant
17		listed under Section 112(b) for which the subject
18		source would be major shall be considered to be
19		regulated 18 months after the date on which USEPA was
20		required to promulgate an applicable standard pursuant
21		to Section 112(e) of the Clean Air Act, if USEPA fails
22		to promulgate such standard.
23		(ii) Any pollutant for which the requirements of
24		Section 112(g)(2) of the Clean Air Act have been met,
25		but only with respect to the individual source subject
26		to Section 112(g)(2) requirement.

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1		(6) Greenhouse gases.
2		"Renewal" means the process by which a permit is reissued
3		at the end of its term.
4		"Responsible official" means one of the following:
5		(1) For a corporation: a president, secretary,
6		treasurer, or vice-president of the corporation in charge
7		of a principal business function, or any other person who
8		performs similar policy or decision-making functions for
9		the corporation, or a duly authorized representative of
10		such person if the representative is responsible for the
11		overall operation of one or more manufacturing,
12		production, or operating facilities applying for or
13		subject to a permit and either (i) the facilities employ
14		more than 250 persons or have gross annual sales or
15		expenditures exceeding $25 million (in second quarter 1980
16		dollars), or (ii) the delegation of authority to such
17		representative is approved in advance by the Agency.
18		(2) For a partnership or sole proprietorship: a general
19		partner or the proprietor, respectively, or in the case of
20		a partnership in which all of the partners are
21		corporations, a duly authorized representative of the
22		partnership 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

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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		(3) For a municipality, State, Federal, or other public
5		agency: either a principal executive officer or ranking
6		elected official. For the purposes of this part, a
7		principal executive officer of a Federal agency includes
8		the chief executive officer having responsibility for the
9		overall operations of a principal geographic unit of the
10		agency (e.g., a Regional Administrator of USEPA).
11		(4) For affected sources for acid deposition:
12		(i) The designated representative shall be the
13		"responsible official" in so far as actions,
14		standards, requirements, or prohibitions under Title
15		IV of the Clean Air Act or the regulations promulgated
16		thereunder are concerned.
17		(ii) The designated representative may also be the
18		"responsible official" for any other purposes with
19		respect to air pollution control.
20		"Section 502(b)(10) changes" means changes that contravene
21		express permit terms. "Section 502(b)(10) changes" do not
22		include changes that would violate applicable requirements or
23		contravene federally enforceable permit terms or conditions
24		that are monitoring (including test methods), recordkeeping,
25		reporting, or compliance certification requirements.
26		"Solid waste incineration unit" means a distinct operating

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1		unit of any facility which combusts any solid waste material
2		from commercial or industrial establishments or the general
3		public (including single and multiple residences, hotels, and
4		motels). The term does not include incinerators or other units
5		required to have a permit under Section 3005 of the Solid Waste
6		Disposal Act. The term also does not include (A) materials
7		recovery facilities (including primary or secondary smelters)
8		which combust waste for the primary purpose of recovering
9		metals, (B) qualifying small power production facilities, as
10		defined in Section 3(17)(C) of the Federal Power Act (16 U.S.C.
11		769(17)(C)), or qualifying cogeneration facilities, as defined
12		in Section 3(18)(B) of the Federal Power Act (16 U.S.C.
13		796(18)(B)), which burn homogeneous waste (such as units which
14		burn tires or used oil, but not including refuse-derived fuel)
15		for the production of electric energy or in the case of
16		qualifying cogeneration facilities which burn homogeneous
17		waste for the production of electric energy and steam or forms
18		of useful energy (such as heat) which are used for industrial,
19		commercial, heating or cooling purposes, or (C) air curtain
20		incinerators provided that such incinerators only burn wood
21		wastes, yard waste and clean lumber and that such air curtain
22		incinerators comply with opacity limitations to be established
23		by the USEPA by rule.
24		"Source" means any stationary source (or any group of
25		stationary sources) that is located on one or more contiguous
26		or adjacent properties that are under common control of the

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1		same person (or persons under common control) and that belongs
2		to a single major industrial grouping. For the purposes of
3		defining "source," a stationary source or group of stationary
4		sources shall be considered part of a single major industrial
5		grouping if all of the pollutant emitting activities at such
6		source or group of sources located on contiguous or adjacent
7		properties and under common control belong to the same Major
8		Group (i.e., all have the same two-digit code) as described in
9		the Standard Industrial Classification Manual, 1987, or such
10		pollutant emitting activities at a stationary source (or group
11		of stationary sources) located on contiguous or adjacent
12		properties and under common control constitute a support
13		facility. The determination as to whether any group of
14		stationary sources is located on contiguous or adjacent
15		properties, and/or is under common control, and/or whether the
16		pollutant emitting activities at such group of stationary
17		sources constitute a support facility shall be made on a case
18		by case basis.
19		"Stationary source" means any building, structure,
20		facility, or installation that emits or may emit any regulated
21		air pollutant or any pollutant listed under Section 112(b) of
22		the Clean Air Act, except those emissions resulting directly
23		from an internal combustion engine for transportation purposes
24		or from a nonroad engine or nonroad vehicle as defined in
25		Section 216 of the Clean Air Act.
26		"Subject to regulation" has the meaning given to it in 40

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1		CFR 70.2, as now or hereafter amended.
2		"Support facility" means any stationary source (or group of
3		stationary sources) that conveys, stores, or otherwise assists
4		to a significant extent in the production of a principal
5		product at another stationary source (or group of stationary
6		sources). A support facility shall be considered to be part of
7		the same source as the stationary source (or group of
8		stationary sources) that it supports regardless of the 2-digit
9		Standard Industrial Classification code for the support
10		facility.
11		"USEPA" means the Administrator of the United States
12		Environmental Protection Agency (USEPA) or a person designated
13		by the Administrator.
14		1.1. Exclusion From the CAAPP.
15		a. An owner or operator of a source which determines
16		that the source could be excluded from the CAAPP may seek
17		such exclusion prior to the date that the CAAPP application
18		for the source is due but in no case later than 9 months
19		after the effective date of the CAAPP through the
20		imposition of federally enforceable conditions limiting
21		the "potential to emit" of the source to a level below the
22		major source threshold for that source as described in
23		paragraph (c) of subsection 2 of this Section, within a
24		State operating permit issued pursuant to subsection (a) of
25		Section 39 of this Act. After such date, an exclusion from

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1		the CAAPP may be sought under paragraph (c) of subsection 3
2		of this Section.
3		b. An owner or operator of a source seeking exclusion
4		from the CAAPP pursuant to paragraph (a) of this subsection
5		must submit a permit application consistent with the
6		existing State permit program which specifically requests
7		such exclusion through the imposition of such federally
8		enforceable conditions.
9		c. Upon such request, if the Agency determines that the
10		owner or operator of a source has met the requirements for
11		exclusion pursuant to paragraph (a) of this subsection and
12		other applicable requirements for permit issuance under
13		subsection (a) of Section 39 of this Act, the Agency shall
14		issue a State operating permit for such source under
15		subsection (a) of Section 39 of this Act, as amended, and
16		regulations promulgated thereunder with federally
17		enforceable conditions limiting the "potential to emit" of
18		the source to a level below the major source threshold for
19		that source as described in paragraph (c) of subsection 2
20		of this Section.
21		d. The Agency shall provide an owner or operator of a
22		source which may be excluded from the CAAPP pursuant to
23		this subsection with reasonable notice that the owner or
24		operator may seek such exclusion.
25		e. The Agency shall provide such sources with the
26		necessary permit application forms.

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1		2. Applicability.
2		a. Sources subject to this Section shall include:
3		i. Any major source as defined in paragraph (c) of
4		this subsection.
5		ii. Any source subject to a standard or other
6		requirements promulgated under Section 111 (New Source
7		Performance Standards) or Section 112 (Hazardous Air
8		Pollutants) of the Clean Air Act, except that a source
9		is not required to obtain a permit solely because it is
10		subject to regulations or requirements under Section
11		112(r) of the Clean Air Act.
12		iii. Any affected source for acid deposition, as
13		defined in subsection 1 of this Section.
14		iv. Any other source subject to this Section under
15		the Clean Air Act or regulations promulgated
16		thereunder, or applicable Board regulations.
17		b. Sources exempted from this Section shall include:
18		i. All sources listed in paragraph (a) of this
19		subsection that are not major sources, affected
20		sources for acid deposition or solid waste
21		incineration units required to obtain a permit
22		pursuant to Section 129(e) of the Clean Air Act, until
23		the source is required to obtain a CAAPP permit
24		pursuant to the Clean Air Act or regulations
25		promulgated thereunder.

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1		ii. Nonmajor sources subject to a standard or other
2		requirements subsequently promulgated by USEPA under
3		Section 111 or 112 of the Clean Air Act that were are
4		determined by USEPA before January 19, 2017 to be
5		exempt at the time a new standard is promulgated.
6		iii. All sources and source categories that would
7		be required to obtain a permit solely because they are
8		subject to Part 60, Subpart AAA - Standards of
9		Performance for New Residential Wood Heaters (40 CFR
10		Part 60).
11		iv. All sources and source categories that would be
12		required to obtain a permit solely because they are
13		subject to Part 61, Subpart M - National Emission
14		Standard for Hazardous Air Pollutants for Asbestos,
15		Section 61.145 (40 CFR Part 61).
16		v. Any other source categories exempted before
17		January 19, 2017 by USEPA regulations pursuant to
18		Section 502(a) of the Clean Air Act.
19		vi. (Blank). Major sources of greenhouse gas
20		emissions required to obtain a CAAPP permit under this
21		Section if any of the following occurs:
22		(A) enactment of federal legislation depriving
23		the Administrator of the USEPA of authority to
24		regulate greenhouse gases under the Clean Air Act;
25		(B) the issuance of any opinion, ruling,
26		judgment, order, or decree by a federal court

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1		depriving the Administrator of the USEPA of
2		authority to regulate greenhouse gases under the
3		Clean Air Act; or
4		(C) action by the President of the United
5		States or the President's authorized agent,
6		including the Administrator of the USEPA, to
7		repeal or withdraw the Greenhouse Gas Tailoring
8		Rule (75 Fed. Reg. 31514, June 3, 2010).
9		If any event listed in this subparagraph (vi)
10		occurs, CAAPP permits issued after such event shall not
11		impose permit terms or conditions addressing
12		greenhouse gases during the effectiveness of any event
13		listed in subparagraph (vi). If any event listed in
14		this subparagraph (vi) occurs, any owner or operator
15		with a CAAPP permit that includes terms or conditions
16		addressing greenhouse gases may elect to submit an
17		application to the Agency to address a revision or
18		repeal of such terms or conditions. If any owner or
19		operator submits such an application, the Agency shall
20		expeditiously process the permit application in
21		accordance with applicable laws and regulations.
22		Nothing in this subparagraph (vi) shall relieve an
23		owner or operator of a source from the requirement to
24		obtain a CAAPP permit for its emissions of regulated
25		air pollutants other than greenhouse gases, as
26		required by this Section.

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1		c. For purposes of this Section the term "major source"
2		means any source that is:
3		i. A major source under Section 112 of the Clean
4		Air Act, which is defined as:
5		A. For pollutants other than radionuclides,
6		any stationary source or group of stationary
7		sources located within a contiguous area and under
8		common control that emits or has the potential to
9		emit, in the aggregate, 10 tons per year (tpy) or
10		more of any hazardous air pollutant which has been
11		listed pursuant to Section 112(b) of the Clean Air
12		Act, 25 tpy or more of any combination of such
13		hazardous air pollutants, or such lesser quantity
14		as USEPA may establish by rule. Notwithstanding
15		the preceding sentence, emissions from any oil or
16		gas exploration or production well (with its
17		associated equipment) and emissions from any
18		pipeline compressor or pump station shall not be
19		aggregated with emissions from other similar
20		units, whether or not such units are in a
21		contiguous area or under common control, to
22		determine whether such stations are major sources.
23		B. For radionuclides, "major source" shall
24		have the meaning specified by the USEPA by rule.
25		ii. A major stationary source of air pollutants, as
26		defined in Section 302 of the Clean Air Act, that

SB2213 Engrossed - 22 - LRB100 13060 MJP 27439 b
1		directly emits or has the potential to emit, 100 tpy or
2		more of any air pollutant subject to regulation
3		(including any major source of fugitive emissions of
4		any such pollutant, as determined by rule by USEPA).
5		For purposes of this subsection, "fugitive emissions"
6		means those emissions which could not reasonably pass
7		through a stack, chimney, vent, or other
8		functionally-equivalent opening. The fugitive
9		emissions of a stationary source shall not be
10		considered in determining whether it is a major
11		stationary source for the purposes of Section 302(j) of
12		the Clean Air Act, unless the source belongs to one of
13		the following categories of stationary source:
14		A. Coal cleaning plants (with thermal dryers).
15		B. Kraft pulp mills.
16		C. Portland cement plants.
17		D. Primary zinc smelters.
18		E. Iron and steel mills.
19		F. Primary aluminum ore reduction plants.
20		G. Primary copper smelters.
21		H. Municipal incinerators capable of charging
22		more than 250 tons of refuse per day.
23		I. Hydrofluoric, sulfuric, or nitric acid
24		plants.
25		J. Petroleum refineries.
26		K. Lime plants.

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1		L. Phosphate rock processing plants.
2		M. Coke oven batteries.
3		N. Sulfur recovery plants.
4		O. Carbon black plants (furnace process).
5		P. Primary lead smelters.
6		Q. Fuel conversion plants.
7		R. Sintering plants.
8		S. Secondary metal production plants.
9		T. Chemical process plants.
10		U. Fossil-fuel boilers (or combination
11		thereof) totaling more than 250 million British
12		thermal units per hour heat input.
13		V. Petroleum storage and transfer units with a
14		total storage capacity exceeding 300,000 barrels.
15		W. Taconite ore processing plants.
16		X. Glass fiber processing plants.
17		Y. Charcoal production plants.
18		Z. Fossil fuel-fired steam electric plants of
19		more than 250 million British thermal units per
20		hour heat input.
21		AA. All other stationary source categories,
22		which as of August 7, 1980 are being regulated by a
23		standard promulgated under Section 111 or 112 of
24		the Clean Air Act.
25		BB. Any other stationary source category
26		designated by USEPA by rule.

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1		iii. A major stationary source as defined in part D
2		of Title I of the Clean Air Act including:
3		A. For ozone nonattainment areas, sources with
4		the potential to emit 100 tons or more per year of
5		volatile organic compounds or oxides of nitrogen
6		in areas classified as "marginal" or "moderate",
7		50 tons or more per year in areas classified as
8		"serious", 25 tons or more per year in areas
9		classified as "severe", and 10 tons or more per
10		year in areas classified as "extreme"; except that
11		the references in this clause to 100, 50, 25, and
12		10 tons per year of nitrogen oxides shall not apply
13		with respect to any source for which USEPA has made
14		a finding, under Section 182(f)(1) or (2) of the
15		Clean Air Act, that requirements otherwise
16		applicable to such source under Section 182(f) of
17		the Clean Air Act do not apply. Such sources shall
18		remain subject to the major source criteria of
19		subparagraph (ii) of paragraph (c) of this
20		subsection.
21		B. For ozone transport regions established
22		pursuant to Section 184 of the Clean Air Act,
23		sources with the potential to emit 50 tons or more
24		per year of volatile organic compounds (VOCs).
25		C. For carbon monoxide nonattainment areas (1)
26		that are classified as "serious", and (2) in which

SB2213 Engrossed - 25 - LRB100 13060 MJP 27439 b
1		stationary sources contribute significantly to
2		carbon monoxide levels as determined under rules
3		issued by USEPA, sources with the potential to emit
4		50 tons or more per year of carbon monoxide.
5		D. For particulate matter (PM-10)
6		nonattainment areas classified as "serious",
7		sources with the potential to emit 70 tons or more
8		per year of PM-10.
9		3. Agency Authority To Issue CAAPP Permits and Federally
10		Enforceable State Operating Permits.
11		a. The Agency shall issue CAAPP permits under this
12		Section consistent with the Clean Air Act and regulations
13		promulgated thereunder and this Act and regulations
14		promulgated thereunder.
15		b. The Agency shall issue CAAPP permits for fixed terms
16		of 5 years, except CAAPP permits issued for solid waste
17		incineration units combusting municipal waste which shall
18		be issued for fixed terms of 12 years and except CAAPP
19		permits for affected sources for acid deposition which
20		shall be issued for initial terms to expire on December 31,
21		1999, and for fixed terms of 5 years thereafter.
22		c. The Agency shall have the authority to issue a State
23		operating permit for a source under subsection (a) of
24		Section 39 of this Act, as amended, and regulations
25		promulgated thereunder, which includes federally

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1		enforceable conditions limiting the "potential to emit" of
2		the source to a level below the major source threshold for
3		that source as described in paragraph (c) of subsection 2
4		of this Section, thereby excluding the source from the
5		CAAPP, when requested by the applicant pursuant to
6		paragraph (u) of subsection 5 of this Section. The public
7		notice requirements of this Section applicable to CAAPP
8		permits shall also apply to the initial issuance of permits
9		under this paragraph.
10		d. For purposes of this Act, a permit issued by USEPA
11		under Section 505 of the Clean Air Act, as now and
12		hereafter amended, shall be deemed to be a permit issued by
13		the Agency pursuant to Section 39.5 of this Act.
14		4. Transition.
15		a. An owner or operator of a CAAPP source shall not be
16		required to renew an existing State operating permit for
17		any emission unit at such CAAPP source once a CAAPP
18		application timely submitted prior to expiration of the
19		State operating permit has been deemed complete. For
20		purposes other than permit renewal, the obligation upon the
21		owner or operator of a CAAPP source to obtain a State
22		operating permit is not removed upon submittal of the
23		complete CAAPP permit application. An owner or operator of
24		a CAAPP source seeking to make a modification to a source
25		prior to the issuance of its CAAPP permit shall be required

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1		to obtain a construction permit, operating permit, or both
2		as required for such modification in accordance with the
3		State permit program under subsection (a) of Section 39 of
4		this Act, as amended, and regulations promulgated
5		thereunder. The application for such construction permit,
6		operating permit, or both shall be considered an amendment
7		to the CAAPP application submitted for such source.
8		b. An owner or operator of a CAAPP source shall
9		continue to operate in accordance with the terms and
10		conditions of its applicable State operating permit
11		notwithstanding the expiration of the State operating
12		permit until the source's CAAPP permit has been issued.
13		c. An owner or operator of a CAAPP source shall submit
14		its initial CAAPP application to the Agency no later than
15		12 months after the effective date of the CAAPP. The Agency
16		may request submittal of initial CAAPP applications during
17		this 12-month period according to a schedule set forth
18		within Agency procedures, however, in no event shall the
19		Agency require such submittal earlier than 3 months after
20		such effective date of the CAAPP. An owner or operator may
21		voluntarily submit its initial CAAPP application prior to
22		the date required within this paragraph or applicable
23		procedures, if any, subsequent to the date the Agency
24		submits the CAAPP to USEPA for approval.
25		d. The Agency shall act on initial CAAPP applications
26		in accordance with paragraph (j) of subsection 5 of this

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1		Section.
2		e. For purposes of this Section, the term "initial
3		CAAPP application" shall mean the first CAAPP application
4		submitted for a source existing as of the effective date of
5		the CAAPP.
6		f. The Agency shall provide owners or operators of
7		CAAPP sources with at least 3 months advance notice of the
8		date on which their applications are required to be
9		submitted. In determining which sources shall be subject to
10		early submittal, the Agency shall include among its
11		considerations the complexity of the permit application,
12		and the burden that such early submittal will have on the
13		source.
14		g. The CAAPP permit shall upon becoming effective
15		supersede the State operating permit.
16		h. 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		5. Applications and Completeness.
21		a. An owner or operator of a CAAPP source shall submit
22		its complete CAAPP application consistent with the Act and
23		applicable regulations.
24		b. An owner or operator of a CAAPP source shall submit
25		a single complete CAAPP application covering all emission

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1		units at that source.
2		c. To be deemed complete, a CAAPP application must
3		provide all information, as requested in Agency
4		application forms, sufficient to evaluate the subject
5		source and its application and to determine all applicable
6		requirements, pursuant to the Clean Air Act, and
7		regulations thereunder, this Act and regulations
8		thereunder. Such Agency application forms shall be
9		finalized and made available prior to the date on which any
10		CAAPP application is required.
11		d. An owner or operator of a CAAPP source shall submit,
12		as part of its complete CAAPP application, a compliance
13		plan, including a schedule of compliance, describing how
14		each emission unit will comply with all applicable
15		requirements. Any such schedule of compliance shall be
16		supplemental to, and shall not sanction noncompliance
17		with, the applicable requirements on which it is based.
18		e. Each submitted CAAPP application shall be certified
19		for truth, accuracy, and completeness by a responsible
20		official in accordance with applicable regulations.
21		f. The Agency shall provide notice to a CAAPP applicant
22		as to whether a submitted CAAPP application is complete.
23		Unless the Agency notifies the applicant of
24		incompleteness, within 60 days after receipt of the CAAPP
25		application, the application shall be deemed complete. The
26		Agency may request additional information as needed to make

SB2213 Engrossed - 30 - LRB100 13060 MJP 27439 b
1		the completeness determination. The Agency may to the
2		extent practicable provide the applicant with a reasonable
3		opportunity to correct deficiencies prior to a final
4		determination of completeness.
5		g. If after the determination of completeness the
6		Agency finds that additional information is necessary to
7		evaluate or take final action on the CAAPP application, the
8		Agency may request in writing such information from the
9		source with a reasonable deadline for response.
10		h. If the owner or operator of a CAAPP source submits a
11		timely and complete CAAPP application, the source's
12		failure to have a CAAPP permit shall not be a violation of
13		this Section until the Agency takes final action on the
14		submitted CAAPP application, provided, however, where the
15		applicant fails to submit the requested information under
16		paragraph (g) of this subsection 5 within the time frame
17		specified by the Agency, this protection shall cease to
18		apply.
19		i. Any applicant who fails to submit any relevant facts
20		necessary to evaluate the subject source and its CAAPP
21		application or who has submitted incorrect information in a
22		CAAPP application shall, upon becoming aware of such
23		failure or incorrect submittal, submit supplementary facts
24		or correct information to the Agency. In addition, an
25		applicant shall provide to the Agency additional
26		information as necessary to address any requirements which

SB2213 Engrossed - 31 - LRB100 13060 MJP 27439 b
1		become applicable to the source subsequent to the date the
2		applicant submitted its complete CAAPP application but
3		prior to release of the draft CAAPP permit.
4		j. The Agency shall issue or deny the CAAPP permit
5		within 18 months after the date of receipt of the complete
6		CAAPP application, with the following exceptions: (i)
7		permits for affected sources for acid deposition shall be
8		issued or denied within 6 months after receipt of a
9		complete application in accordance with subsection 17 of
10		this Section; (ii) the Agency shall act on initial CAAPP
11		applications within 24 months after the date of receipt of
12		the complete CAAPP application; (iii) the Agency shall act
13		on complete applications containing early reduction
14		demonstrations under Section 112(i)(5) of the Clean Air Act
15		within 9 months of receipt of the complete CAAPP
16		application.
17		Where the Agency does not take final action on the
18		permit within the required time period, the permit shall
19		not be deemed issued; rather, the failure to act shall be
20		treated as a final permit action for purposes of judicial
21		review pursuant to Sections 40.2 and 41 of this Act.
22		k. The submittal of a complete CAAPP application shall
23		not affect the requirement that any source have a
24		preconstruction permit under Title I of the Clean Air Act.
25		l. Unless a timely and complete renewal application has
26		been submitted consistent with this subsection, a CAAPP

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1		source operating upon the expiration of its CAAPP permit
2		shall be deemed to be operating without a CAAPP permit.
3		Such operation is prohibited under this Act.
4		m. Permits being renewed shall be subject to the same
5		procedural requirements, including those for public
6		participation and federal review and objection, that apply
7		to original permit issuance.
8		n. For purposes of permit renewal, a timely application
9		is one that is submitted no less than 9 months prior to the
10		date of permit expiration.
11		o. The terms and conditions of a CAAPP permit shall
12		remain in effect until the issuance of a CAAPP renewal
13		permit provided a timely and complete CAAPP application has
14		been submitted.
15		p. The owner or operator of a CAAPP source seeking a
16		permit shield pursuant to paragraph (j) of subsection 7 of
17		this Section shall request such permit shield in the CAAPP
18		application regarding that source.
19		q. The Agency shall make available to the public all
20		documents submitted by the applicant to the Agency,
21		including each CAAPP application, compliance plan
22		(including the schedule of compliance), and emissions or
23		compliance monitoring report, with the exception of
24		information entitled to confidential treatment pursuant to
25		Section 7 of this Act.
26		r. The Agency shall use the standardized forms required

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1		under Title IV of the Clean Air Act and regulations
2		promulgated thereunder for affected sources for acid
3		deposition.
4		s. An owner or operator of a CAAPP source may include
5		within its CAAPP application a request for permission to
6		operate during a startup, malfunction, or breakdown
7		consistent with applicable Board regulations.
8		t. An owner or operator of a CAAPP source, in order to
9		utilize the operational flexibility provided under
10		paragraph (l) of subsection 7 of this Section, must request
11		such use and provide the necessary information within its
12		CAAPP application.
13		u. An owner or operator of a CAAPP source which seeks
14		exclusion from the CAAPP through the imposition of
15		federally enforceable conditions, pursuant to paragraph
16		(c) of subsection 3 of this Section, must request such
17		exclusion within a CAAPP application submitted consistent
18		with this subsection on or after the date that the CAAPP
19		application for the source is due. Prior to such date, but
20		in no case later than 9 months after the effective date of
21		the CAAPP, such owner or operator may request the
22		imposition of federally enforceable conditions pursuant to
23		paragraph (b) of subsection 1.1 of this Section.
24		v. CAAPP applications shall contain accurate
25		information on allowable emissions to implement the fee
26		provisions of subsection 18 of this Section.

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1		w. An owner or operator of a CAAPP source shall submit
2		within its CAAPP application emissions information
3		regarding all regulated air pollutants emitted at that
4		source consistent with applicable Agency procedures.
5		Emissions information regarding insignificant activities
6		or emission levels, as determined by the Agency pursuant to
7		Board regulations, may be submitted as a list within the
8		CAAPP application. The Agency shall propose regulations to
9		the Board defining insignificant activities or emission
10		levels, consistent with federal regulations, if any, no
11		later than 18 months after the effective date of this
12		amendatory Act of 1992, consistent with Section 112(n)(1)
13		of the Clean Air Act. The Board shall adopt final
14		regulations defining insignificant activities or emission
15		levels no later than 9 months after the date of the
16		Agency's proposal.
17		x. The owner or operator of a new CAAPP source shall
18		submit its complete CAAPP application consistent with this
19		subsection within 12 months after commencing operation of
20		such source. The owner or operator of an existing source
21		that has been excluded from the provisions of this Section
22		under subsection 1.1 or paragraph (c) of subsection 3 of
23		this Section and that becomes subject to the CAAPP solely
24		due to a change in operation at the source shall submit its
25		complete CAAPP application consistent with this subsection
26		at least 180 days before commencing operation in accordance

SB2213 Engrossed - 35 - LRB100 13060 MJP 27439 b
1		with the change in operation.
2		y. 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		6. Prohibitions.
7		a. It shall be unlawful for any person to violate any
8		terms or conditions of a permit issued under this Section,
9		to operate any CAAPP source except in compliance with a
10		permit issued by the Agency under this Section or to
11		violate any other applicable requirements. All terms and
12		conditions of a permit issued under this Section are
13		enforceable by USEPA and citizens under the Clean Air Act,
14		except those, if any, that are specifically designated as
15		not being federally enforceable in the permit pursuant to
16		paragraph (m) of subsection 7 of this Section.
17		b. After the applicable CAAPP permit or renewal
18		application submittal date, as specified in subsection 5 of
19		this Section, no person shall operate a CAAPP source
20		without a CAAPP permit unless the complete CAAPP permit or
21		renewal application for such source has been timely
22		submitted to the Agency.
23		c. No owner or operator of a CAAPP source shall cause
24		or threaten or allow the continued operation of an emission
25		source during malfunction or breakdown of the emission

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1		source or related air pollution control equipment if such
2		operation would cause a violation of the standards or
3		limitations applicable to the source, unless the CAAPP
4		permit granted to the source provides for such operation
5		consistent with this Act and applicable Board regulations.
6		7. Permit Content.
7		a. All CAAPP permits shall contain emission
8		limitations and standards and other enforceable terms and
9		conditions, including but not limited to operational
10		requirements, and schedules for achieving compliance at
11		the earliest reasonable date, which are or will be required
12		to accomplish the purposes and provisions of this Act and
13		to assure compliance with all applicable requirements.
14		b. The Agency shall include among such conditions
15		applicable monitoring, reporting, record keeping and
16		compliance certification requirements, as authorized by
17		paragraphs (d), (e), and (f) of this subsection, that the
18		Agency deems necessary to assure compliance with the Clean
19		Air Act, the regulations promulgated thereunder, this Act,
20		and applicable Board regulations. When monitoring,
21		reporting, record keeping, and compliance certification
22		requirements are specified within the Clean Air Act,
23		regulations promulgated thereunder, this Act, or
24		applicable regulations, such requirements shall be
25		included within the CAAPP permit. The Board shall have

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1		authority to promulgate additional regulations where
2		necessary to accomplish the purposes of the Clean Air Act,
3		this Act, and regulations promulgated thereunder.
4		c. The Agency shall assure, within such conditions, the
5		use of terms, test methods, units, averaging periods, and
6		other statistical conventions consistent with the
7		applicable emission limitations, standards, and other
8		requirements contained in the permit.
9		d. To meet the requirements of this subsection with
10		respect to monitoring, the permit shall:
11		i. Incorporate and identify all applicable
12		emissions monitoring and analysis procedures or test
13		methods required under the Clean Air Act, regulations
14		promulgated thereunder, this Act, and applicable Board
15		regulations, including any procedures and methods
16		promulgated by USEPA pursuant to Section 504(b) or
17		Section 114 (a)(3) of the Clean Air Act.
18		ii. Where the applicable requirement does not
19		require periodic testing or instrumental or
20		noninstrumental monitoring (which may consist of
21		recordkeeping designed to serve as monitoring),
22		require periodic monitoring sufficient to yield
23		reliable data from the relevant time period that is
24		representative of the source's compliance with the
25		permit, as reported pursuant to paragraph (f) of this
26		subsection. The Agency may determine that

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1		recordkeeping requirements are sufficient to meet the
2		requirements of this subparagraph.
3		iii. As necessary, specify requirements concerning
4		the use, maintenance, and when appropriate,
5		installation of monitoring equipment or methods.
6		e. To meet the requirements of this subsection with
7		respect to record keeping, the permit shall incorporate and
8		identify all applicable recordkeeping requirements and
9		require, where applicable, the following:
10		i. Records of required monitoring information that
11		include the following:
12		A. The date, place and time of sampling or
13		measurements.
14		B. The date(s) analyses were performed.
15		C. The company or entity that performed the
16		analyses.
17		D. The analytical techniques or methods used.
18		E. The results of such analyses.
19		F. The operating conditions as existing at the
20		time of sampling or measurement.
21		ii. Retention of records of all monitoring data and
22		support information for a period of at least 5 years
23		from the date of the monitoring sample, measurement,
24		report, or application. Support information includes
25		all calibration and maintenance records, original
26		strip-chart recordings for continuous monitoring

SB2213 Engrossed - 39 - LRB100 13060 MJP 27439 b
1		instrumentation, and copies of all reports required by
2		the permit.
3		f. To meet the requirements of this subsection with
4		respect to reporting, the permit shall incorporate and
5		identify all applicable reporting requirements and require
6		the following:
7		i. Submittal of reports of any required monitoring
8		every 6 months. More frequent submittals may be
9		requested by the Agency if such submittals are
10		necessary to assure compliance with this Act or
11		regulations promulgated by the Board thereunder. All
12		instances of deviations from permit requirements must
13		be clearly identified in such reports. All required
14		reports must be certified by a responsible official
15		consistent with subsection 5 of this Section.
16		ii. Prompt reporting of deviations from permit
17		requirements, including those attributable to upset
18		conditions as defined in the permit, the probable cause
19		of such deviations, and any corrective actions or
20		preventive measures taken.
21		g. Each CAAPP permit issued under subsection 10 of this
22		Section shall include a condition prohibiting emissions
23		exceeding any allowances that the source lawfully holds
24		under Title IV of the Clean Air Act or the regulations
25		promulgated thereunder, consistent with subsection 17 of
26		this Section and applicable regulations, if any.

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1		h. All CAAPP permits shall state that, where another
2		applicable requirement of the Clean Air Act is more
3		stringent than any applicable requirement of regulations
4		promulgated under Title IV of the Clean Air Act, both
5		provisions shall be incorporated into the permit and shall
6		be State and federally enforceable.
7		i. Each CAAPP permit issued under subsection 10 of this
8		Section shall include a severability clause to ensure the
9		continued validity of the various permit requirements in
10		the event of a challenge to any portions of the permit.
11		j. The following shall apply with respect to owners or
12		operators requesting a permit shield:
13		i. The Agency shall include in a CAAPP permit, when
14		requested by an applicant pursuant to paragraph (p) of
15		subsection 5 of this Section, a provision stating that
16		compliance with the conditions of the permit shall be
17		deemed compliance with applicable requirements which
18		are applicable as of the date of release of the
19		proposed permit, provided that:
20		A. The applicable requirement is specifically
21		identified within the permit; or
22		B. The Agency in acting on the CAAPP
23		application or revision determines in writing that
24		other requirements specifically identified are not
25		applicable to the source, and the permit includes
26		that determination or a concise summary thereof.

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1		ii. The permit shall identify the requirements for
2		which the source is shielded. The shield shall not
3		extend to applicable requirements which are
4		promulgated after the date of release of the proposed
5		permit unless the permit has been modified to reflect
6		such new requirements.
7		iii. A CAAPP permit which does not expressly
8		indicate the existence of a permit shield shall not
9		provide such a shield.
10		iv. Nothing in this paragraph or in a CAAPP permit
11		shall alter or affect the following:
12		A. The provisions of Section 303 (emergency
13		powers) of the Clean Air Act, including USEPA's
14		authority under that section.
15		B. The liability of an owner or operator of a
16		source for any violation of applicable
17		requirements prior to or at the time of permit
18		issuance.
19		C. The applicable requirements of the acid
20		rain program consistent with Section 408(a) of the
21		Clean Air Act.
22		D. The ability of USEPA to obtain information
23		from a source pursuant to Section 114
24		(inspections, monitoring, and entry) of the Clean
25		Air Act.
26		k. Each CAAPP permit shall include an emergency

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1		provision providing an affirmative defense of emergency to
2		an action brought for noncompliance with technology-based
3		emission limitations under a CAAPP permit if the following
4		conditions are met through properly signed,
5		contemporaneous operating logs, or other relevant
6		evidence:
7		i. An emergency occurred and the permittee can
8		identify the cause(s) of the emergency.
9		ii. The permitted facility was at the time being
10		properly operated.
11		iii. The permittee submitted notice of the
12		emergency to the Agency within 2 working days after the
13		time when emission limitations were exceeded due to the
14		emergency. This notice must contain a detailed
15		description of the emergency, any steps taken to
16		mitigate emissions, and corrective actions taken.
17		iv. During the period of the emergency the
18		permittee took all reasonable steps to minimize levels
19		of emissions that exceeded the emission limitations,
20		standards, or requirements in the permit.
21		For purposes of this subsection, "emergency" means any
22		situation arising from sudden and reasonably unforeseeable
23		events beyond the control of the source, such as an act of
24		God, that requires immediate corrective action to restore
25		normal operation, and that causes the source to exceed a
26		technology-based emission limitation under the permit, due

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1		to unavoidable increases in emissions attributable to the
2		emergency. An emergency shall not include noncompliance to
3		the extent caused by improperly designed equipment, lack of
4		preventative maintenance, careless or improper operation,
5		or operation error.
6		In any enforcement proceeding, the permittee seeking
7		to establish the occurrence of an emergency has the burden
8		of proof. This provision is in addition to any emergency or
9		upset provision contained in any applicable requirement.
10		This provision does not relieve a permittee of any
11		reporting obligations under existing federal or state laws
12		or regulations.
13		l. The Agency shall include in each permit issued under
14		subsection 10 of this Section:
15		i. Terms and conditions for reasonably anticipated
16		operating scenarios identified by the source in its
17		application. The permit terms and conditions for each
18		such operating scenario shall meet all applicable
19		requirements and the requirements of this Section.
20		A. Under this subparagraph, the source must
21		record in a log at the permitted facility a record
22		of the scenario under which it is operating
23		contemporaneously with making a change from one
24		operating scenario to another.
25		B. The permit shield described in paragraph
26		(j) of subsection 7 of this Section shall extend to

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1		all terms and conditions under each such operating
2		scenario.
3		ii. Where requested by an applicant, all terms and
4		conditions allowing for trading of emissions increases
5		and decreases between different emission units at the
6		CAAPP source, to the extent that the applicable
7		requirements provide for trading of such emissions
8		increases and decreases without a case-by-case
9		approval of each emissions trade. Such terms and
10		conditions:
11		A. Shall include all terms required under this
12		subsection to determine compliance;
13		B. Must meet all applicable requirements;
14		C. Shall extend the permit shield described in
15		paragraph (j) of subsection 7 of this Section to
16		all terms and conditions that allow such increases
17		and decreases in emissions.
18		m. The Agency shall specifically designate as not being
19		federally enforceable under the Clean Air Act any terms and
20		conditions included in the permit that are not specifically
21		required under the Clean Air Act or federal regulations
22		promulgated thereunder. Terms or conditions so designated
23		shall be subject to all applicable State requirements,
24		except the requirements of subsection 7 (other than this
25		paragraph, paragraph q of subsection 7, subsections 8
26		through 11, and subsections 13 through 16 of this Section.

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1		The Agency shall, however, include such terms and
2		conditions in the CAAPP permit issued to the source.
3		n. Each CAAPP permit issued under subsection 10 of this
4		Section shall specify and reference the origin of and
5		authority for each term or condition, and identify any
6		difference in form as compared to the applicable
7		requirement upon which the term or condition is based.
8		o. Each CAAPP permit issued under subsection 10 of this
9		Section shall include provisions stating the following:
10		i. Duty to comply. The permittee must comply with
11		all terms and conditions of the CAAPP permit. Any
12		permit noncompliance constitutes a violation of the
13		Clean Air Act and the Act, and is grounds for any or
14		all of the following: enforcement action; permit
15		termination, revocation and reissuance, or
16		modification; or denial of a permit renewal
17		application.
18		ii. Need to halt or reduce activity not a defense.
19		It shall not be a defense for a permittee in an
20		enforcement action that it would have been necessary to
21		halt or reduce the permitted activity in order to
22		maintain compliance with the conditions of this
23		permit.
24		iii. Permit actions. The permit may be modified,
25		revoked, reopened, and reissued, or terminated for
26		cause in accordance with the applicable subsections of

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1		Section 39.5 of this Act. The filing of a request by
2		the permittee for a permit modification, revocation
3		and reissuance, or termination, or of a notification of
4		planned changes or anticipated noncompliance does not
5		stay any permit condition.
6		iv. Property rights. The permit does not convey any
7		property rights of any sort, or any exclusive
8		privilege.
9		v. Duty to provide information. The permittee
10		shall furnish to the Agency within a reasonable time
11		specified by the Agency any information that the Agency
12		may request in writing to determine whether cause
13		exists for modifying, revoking and reissuing, or
14		terminating the permit or to determine compliance with
15		the permit. Upon request, the permittee shall also
16		furnish to the Agency copies of records required to be
17		kept by the permit or, for information claimed to be
18		confidential, the permittee may furnish such records
19		directly to USEPA along with a claim of
20		confidentiality.
21		vi. Duty to pay fees. The permittee must pay fees
22		to the Agency consistent with the fee schedule approved
23		pursuant to subsection 18 of this Section, and submit
24		any information relevant thereto.
25		vii. Emissions trading. No permit revision shall
26		be required for increases in emissions allowed under

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1		any approved economic incentives, marketable permits,
2		emissions trading, and other similar programs or
3		processes for changes that are provided for in the
4		permit and that are authorized by the applicable
5		requirement.
6		p. Each CAAPP permit issued under subsection 10 of this
7		Section shall contain the following elements with respect
8		to compliance:
9		i. Compliance certification, testing, monitoring,
10		reporting, and record keeping requirements sufficient
11		to assure compliance with the terms and conditions of
12		the permit. Any document (including reports) required
13		by a CAAPP permit shall contain a certification by a
14		responsible official that meets the requirements of
15		subsection 5 of this Section and applicable
16		regulations.
17		ii. Inspection and entry requirements that
18		necessitate that, upon presentation of credentials and
19		other documents as may be required by law and in
20		accordance with constitutional limitations, the
21		permittee shall allow the Agency, or an authorized
22		representative to perform the following:
23		A. Enter upon the permittee's premises where a
24		CAAPP source is located or emissions-related
25		activity is conducted, or where records must be
26		kept under the conditions of the permit.

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1		B. Have access to and copy, at reasonable
2		times, any records that must be kept under the
3		conditions of the permit.
4		C. Inspect at reasonable times any facilities,
5		equipment (including monitoring and air pollution
6		control equipment), practices, or operations
7		regulated or required under the permit.
8		D. Sample or monitor any substances or
9		parameters at any location:
10		1. As authorized by the Clean Air Act, at
11		reasonable times, for the purposes of assuring
12		compliance with the CAAPP permit or applicable
13		requirements; or
14		2. As otherwise authorized by this Act.
15		iii. A schedule of compliance consistent with
16		subsection 5 of this Section and applicable
17		regulations.
18		iv. Progress reports consistent with an applicable
19		schedule of compliance pursuant to paragraph (d) of
20		subsection 5 of this Section and applicable
21		regulations to be submitted semiannually, or more
22		frequently if the Agency determines that such more
23		frequent submittals are necessary for compliance with
24		the Act or regulations promulgated by the Board
25		thereunder. Such progress reports shall contain the
26		following:

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1		A. Required dates for achieving the
2		activities, milestones, or compliance required by
3		the schedule of compliance and dates when such
4		activities, milestones or compliance were
5		achieved.
6		B. An explanation of why any dates in the
7		schedule of compliance were not or will not be met,
8		and any preventive or corrective measures adopted.
9		v. Requirements for compliance certification with
10		terms and conditions contained in the permit,
11		including emission limitations, standards, or work
12		practices. Permits shall include each of the
13		following:
14		A. The frequency (annually or more frequently
15		as specified in any applicable requirement or by
16		the Agency pursuant to written procedures) of
17		submissions of compliance certifications.
18		B. A means for assessing or monitoring the
19		compliance of the source with its emissions
20		limitations, standards, and work practices.
21		C. A requirement that the compliance
22		certification include the following:
23		1. The identification of each term or
24		condition contained in the permit that is the
25		basis of the certification.
26		2. The compliance status.

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1		3. Whether compliance was continuous or
2		intermittent.
3		4. The method(s) used for determining the
4		compliance status of the source, both
5		currently and over the reporting period
6		consistent with subsection 7 of this Section.
7		D. A requirement that all compliance
8		certifications be submitted to the Agency.
9		E. Additional requirements as may be specified
10		pursuant to Sections 114(a)(3) and 504(b) of the
11		Clean Air Act.
12		F. Other provisions as the Agency may require.
13		q. If the owner or operator of CAAPP source can
14		demonstrate in its CAAPP application, including an
15		application for a significant modification, that an
16		alternative emission limit would be equivalent to that
17		contained in the applicable Board regulations, the Agency
18		shall include the alternative emission limit in the CAAPP
19		permit, which shall supersede the emission limit set forth
20		in the applicable Board regulations, and shall include
21		conditions that insure that the resulting emission limit is
22		quantifiable, accountable, enforceable, and based on
23		replicable procedures.
24		8. Public Notice; Affected State Review.
25		a. The Agency shall provide notice to the public,

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1		including an opportunity for public comment and a hearing,
2		on each draft CAAPP permit for issuance, renewal or
3		significant modification, subject to Section 7.1 and
4		subsection (a) of Section 7 of this Act.
5		b. The Agency shall prepare a draft CAAPP permit and a
6		statement that sets forth the legal and factual basis for
7		the draft CAAPP permit conditions, including references to
8		the applicable statutory or regulatory provisions. The
9		Agency shall provide this statement to any person who
10		requests it.
11		c. The Agency shall give notice of each draft CAAPP
12		permit to the applicant and to any affected State on or
13		before the time that the Agency has provided notice to the
14		public, except as otherwise provided in this Act.
15		d. The Agency, as part of its submittal of a proposed
16		permit to USEPA (or as soon as possible after the submittal
17		for minor permit modification procedures allowed under
18		subsection 14 of this Section), shall notify USEPA and any
19		affected State in writing of any refusal of the Agency to
20		accept all of the recommendations for the proposed permit
21		that an affected State submitted during the public or
22		affected State review period. The notice shall include the
23		Agency's reasons for not accepting the recommendations.
24		The Agency is not required to accept recommendations that
25		are not based on applicable requirements or the
26		requirements of this Section.

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1		e. The Agency shall make available to the public any
2		CAAPP permit application, compliance plan (including the
3		schedule of compliance), CAAPP permit, and emissions or
4		compliance monitoring report. If an owner or operator of a
5		CAAPP source is required to submit information entitled to
6		protection from disclosure under Section 7.1 and
7		subsection (a) of Section 7 of this Act, the owner or
8		operator shall submit such information separately. The
9		requirements of Section 7.1 and subsection (a) of Section 7
10		of this Act shall apply to such information, which shall
11		not be included in a CAAPP permit unless required by law.
12		The contents of a CAAPP permit shall not be entitled to
13		protection under Section 7.1 and subsection (a) of Section
14		7 of this Act.
15		f. The Agency shall have the authority to adopt
16		procedural rules, in accordance with the Illinois
17		Administrative Procedure Act, as the Agency deems
18		necessary, to implement this subsection.
19		g. If requested by the permit applicant, the Agency
20		shall provide the permit applicant with a copy of the draft
21		CAAPP permit prior to any public review period. If
22		requested by the permit applicant, the Agency shall provide
23		the permit applicant with a copy of the final CAAPP permit
24		prior to issuance of the CAAPP permit.
25		9. USEPA Notice and Objection.

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1		a. The Agency shall provide to USEPA for its review a
2		copy of each CAAPP application (including any application
3		for permit modification), statement of basis as provided in
4		paragraph (b) of subsection 8 of this Section, proposed
5		CAAPP permit, CAAPP permit, and, if the Agency does not
6		incorporate any affected State's recommendations on a
7		proposed CAAPP permit, a written statement of this decision
8		and its reasons for not accepting the recommendations,
9		except as otherwise provided in this Act or by agreement
10		with USEPA. To the extent practicable, the preceding
11		information shall be provided in computer readable format
12		compatible with USEPA's national database management
13		system.
14		b. The Agency shall not issue the proposed CAAPP permit
15		if USEPA objects in writing within 45 days after receipt of
16		the proposed CAAPP permit and all necessary supporting
17		information.
18		c. If USEPA objects in writing to the issuance of the
19		proposed CAAPP permit within the 45-day period, the Agency
20		shall respond in writing and may revise and resubmit the
21		proposed CAAPP permit in response to the stated objection,
22		to the extent supported by the record, within 90 days after
23		the date of the objection. Prior to submitting a revised
24		permit to USEPA, the Agency shall provide the applicant and
25		any person who participated in the public comment process,
26		pursuant to subsection 8 of this Section, with a 10-day

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1		period to comment on any revision which the Agency is
2		proposing to make to the permit in response to USEPA's
3		objection in accordance with Agency procedures.
4		d. Any USEPA objection under this subsection,
5		according to the Clean Air Act, will include a statement of
6		reasons for the objection and a description of the terms
7		and conditions that must be in the permit, in order to
8		adequately respond to the objections. Grounds for a USEPA
9		objection include the failure of the Agency to: (1) submit
10		the items and notices required under this subsection; (2)
11		submit any other information necessary to adequately
12		review the proposed CAAPP permit; or (3) process the permit
13		under subsection 8 of this Section except for minor permit
14		modifications.
15		e. If USEPA does not object in writing to issuance of a
16		permit under this subsection, any person may petition USEPA
17		within 60 days after expiration of the 45-day review period
18		to make such objection.
19		f. If the permit has not yet been issued and USEPA
20		objects to the permit as a result of a petition, the Agency
21		shall not issue the permit until USEPA's objection has been
22		resolved. The Agency shall provide a 10-day comment period
23		in accordance with paragraph c of this subsection. A
24		petition does not, however, stay the effectiveness of a
25		permit or its requirements if the permit was issued after
26		expiration of the 45-day review period and prior to a USEPA

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1		objection.
2		g. If the Agency has issued a permit after expiration
3		of the 45-day review period and prior to receipt of a USEPA
4		objection under this subsection in response to a petition
5		submitted pursuant to paragraph e of this subsection, the
6		Agency may, upon receipt of an objection from USEPA, revise
7		and resubmit the permit to USEPA pursuant to this
8		subsection after providing a 10-day comment period in
9		accordance with paragraph c of this subsection. If the
10		Agency fails to submit a revised permit in response to the
11		objection, USEPA shall modify, terminate or revoke the
12		permit. In any case, the source will not be in violation of
13		the requirement to have submitted a timely and complete
14		application.
15		h. The Agency shall have the authority to adopt
16		procedural rules, in accordance with the Illinois
17		Administrative Procedure Act, as the Agency deems
18		necessary, to implement this subsection.
19		10. Final Agency Action.
20		a. The Agency shall issue a CAAPP permit, permit
21		modification, or permit renewal if all of the following
22		conditions are met:
23		i. The applicant has submitted a complete and
24		certified application for a permit, permit
25		modification, or permit renewal consistent with

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1		subsections 5 and 14 of this Section, as applicable,
2		and applicable regulations.
3		ii. The applicant has submitted with its complete
4		application an approvable compliance plan, including a
5		schedule for achieving compliance, consistent with
6		subsection 5 of this Section and applicable
7		regulations.
8		iii. The applicant has timely paid the fees
9		required pursuant to subsection 18 of this Section and
10		applicable regulations.
11		iv. The Agency has received a complete CAAPP
12		application and, if necessary, has requested and
13		received additional information from the applicant
14		consistent with subsection 5 of this Section and
15		applicable regulations.
16		v. The Agency has complied with all applicable
17		provisions regarding public notice and affected State
18		review consistent with subsection 8 of this Section and
19		applicable regulations.
20		vi. The Agency has provided a copy of each CAAPP
21		application, or summary thereof, pursuant to agreement
22		with USEPA and proposed CAAPP permit required under
23		subsection 9 of this Section to USEPA, and USEPA has
24		not objected to the issuance of the permit in
25		accordance with the Clean Air Act and 40 CFR Part 70.
26		b. The Agency shall have the authority to deny a CAAPP

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1		permit, permit modification, or permit renewal if the
2		applicant has not complied with the requirements of
3		subparagraphs (i) through (iv) of paragraph (a) of this
4		subsection or if USEPA objects to its issuance.
5		c. i. Prior to denial of a CAAPP permit, permit
6		modification, or permit renewal under this Section,
7		the Agency shall notify the applicant of the possible
8		denial and the reasons for the denial.
9		ii. Within such notice, the Agency shall specify an
10		appropriate date by which the applicant shall
11		adequately respond to the Agency's notice. Such date
12		shall not exceed 15 days from the date the notification
13		is received by the applicant. The Agency may grant a
14		reasonable extension for good cause shown.
15		iii. Failure by the applicant to adequately
16		respond by the date specified in the notification or by
17		any granted extension date shall be grounds for denial
18		of the permit.
19		For purposes of obtaining judicial review under
20		Sections 40.2 and 41 of this Act, the Agency shall
21		provide to USEPA and each applicant, and, upon request,
22		to affected States, any person who participated in the
23		public comment process, and any other person who could
24		obtain judicial review under Sections 40.2 and 41 of
25		this Act, a copy of each CAAPP permit or notification
26		of denial pertaining to that party.

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1		d. The Agency shall have the authority to adopt
2		procedural rules, in accordance with the Illinois
3		Administrative Procedure Act, as the Agency deems
4		necessary, to implement this subsection.
5		11. General Permits.
6		a. The Agency may issue a general permit covering
7		numerous similar sources, except for affected sources for
8		acid deposition unless otherwise provided in regulations
9		promulgated under Title IV of the Clean Air Act.
10		b. The Agency shall identify, in any general permit,
11		criteria by which sources may qualify for the general
12		permit.
13		c. CAAPP sources that would qualify for a general
14		permit must apply for coverage under the terms of the
15		general permit or must apply for a CAAPP permit consistent
16		with subsection 5 of this Section and applicable
17		regulations.
18		d. The Agency shall comply with the public comment and
19		hearing provisions of this Section as well as the USEPA and
20		affected State review procedures prior to issuance of a
21		general permit.
22		e. When granting a subsequent request by a qualifying
23		CAAPP source for coverage under the terms of a general
24		permit, the Agency shall not be required to repeat the
25		public notice and comment procedures. The granting of such

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1		request shall not be considered a final permit action for
2		purposes of judicial review.
3		f. The Agency may not issue a general permit to cover
4		any discrete emission unit at a CAAPP source if another
5		CAAPP permit covers emission units at the source.
6		g. The Agency shall have the authority to adopt
7		procedural rules, in accordance with the Illinois
8		Administrative Procedure Act, as the Agency deems
9		necessary, to implement this subsection.
10		12. Operational Flexibility.
11		a. An owner or operator of a CAAPP source may make
12		changes at the CAAPP source without requiring a prior
13		permit revision, consistent with subparagraphs (i) through
14		(iii) of paragraph (a) of this subsection, so long as the
15		changes are not modifications under any provision of Title
16		I of the Clean Air Act and they do not exceed the emissions
17		allowable under the permit (whether expressed therein as a
18		rate of emissions or in terms of total emissions), provided
19		that the owner or operator of the CAAPP source provides
20		USEPA and the Agency with written notification as required
21		below in advance of the proposed changes, which shall be a
22		minimum of 7 days, unless otherwise provided by the Agency
23		in applicable regulations regarding emergencies. The owner
24		or operator of a CAAPP source and the Agency shall each
25		attach such notice to their copy of the relevant permit.

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1		i. An owner or operator of a CAAPP source may make
2		Section 502 (b) (10) changes without a permit revision,
3		if the changes are not modifications under any
4		provision of Title I of the Clean Air Act and the
5		changes do not exceed the emissions allowable under the
6		permit (whether expressed therein as a rate of
7		emissions or in terms of total emissions).
8		A. For each such change, the written
9		notification required above shall include a brief
10		description of the change within the source, the
11		date on which the change will occur, any change in
12		emissions, and any permit term or condition that is
13		no longer applicable as a result of the change.
14		B. The permit shield described in paragraph
15		(j) of subsection 7 of this Section shall not apply
16		to any change made pursuant to this subparagraph.
17		ii. An owner or operator of a CAAPP source may
18		trade increases and decreases in emissions in the CAAPP
19		source, where the applicable implementation plan
20		provides for such emission trades without requiring a
21		permit revision. This provision is available in those
22		cases where the permit does not already provide for
23		such emissions trading.
24		A. Under this subparagraph (ii) of paragraph
25		(a) of this subsection, the written notification
26		required above shall include such information as

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1		may be required by the provision in the applicable
2		implementation plan authorizing the emissions
3		trade, including at a minimum, when the proposed
4		changes will occur, a description of each such
5		change, any change in emissions, the permit
6		requirements with which the source will comply
7		using the emissions trading provisions of the
8		applicable implementation plan, and the pollutants
9		emitted subject to the emissions trade. The notice
10		shall also refer to the provisions in the
11		applicable implementation plan with which the
12		source will comply and provide for the emissions
13		trade.
14		B. The permit shield described in paragraph
15		(j) of subsection 7 of this Section shall not apply
16		to any change made pursuant to subparagraph (ii) of
17		paragraph (a) of this subsection. Compliance with
18		the permit requirements that the source will meet
19		using the emissions trade shall be determined
20		according to the requirements of the applicable
21		implementation plan authorizing the emissions
22		trade.
23		iii. If requested within a CAAPP application, the
24		Agency shall issue a CAAPP permit which contains terms
25		and conditions, including all terms required under
26		subsection 7 of this Section to determine compliance,

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1		allowing for the trading of emissions increases and
2		decreases at the CAAPP source solely for the purpose of
3		complying with a federally-enforceable emissions cap
4		that is established in the permit independent of
5		otherwise applicable requirements. The owner or
6		operator of a CAAPP source shall include in its CAAPP
7		application proposed replicable procedures and permit
8		terms that ensure the emissions trades are
9		quantifiable and enforceable. The permit shall also
10		require compliance with all applicable requirements.
11		A. Under this subparagraph (iii) of paragraph
12		(a), the written notification required above shall
13		state when the change will occur and shall describe
14		the changes in emissions that will result and how
15		these increases and decreases in emissions will
16		comply with the terms and conditions of the permit.
17		B. The permit shield described in paragraph
18		(j) of subsection 7 of this Section shall extend to
19		terms and conditions that allow such increases and
20		decreases in emissions.
21		b. An owner or operator of a CAAPP source may make
22		changes that are not addressed or prohibited by the permit,
23		other than those which are subject to any requirements
24		under Title IV of the Clean Air Act or are modifications
25		under any provisions of Title I of the Clean Air Act,
26		without a permit revision, in accordance with the following

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1		requirements:
2		(i) Each such change shall meet all applicable
3		requirements and shall not violate any existing permit
4		term or condition;
5		(ii) Sources must provide contemporaneous written
6		notice to the Agency and USEPA of each such change,
7		except for changes that qualify as insignificant under
8		provisions adopted by the Agency or the Board. Such
9		written notice shall describe each such change,
10		including the date, any change in emissions,
11		pollutants emitted, and any applicable requirement
12		that would apply as a result of the change;
13		(iii) The change shall not qualify for the shield
14		described in paragraph (j) of subsection 7 of this
15		Section; and
16		(iv) The permittee shall keep a record describing
17		changes made at the source that result in emissions of
18		a regulated air pollutant subject to an applicable
19		Clean Air Act requirement, but not otherwise regulated
20		under the permit, and the emissions resulting from
21		those changes.
22		c. The Agency shall have the authority to adopt
23		procedural rules, in accordance with the Illinois
24		Administrative Procedure Act, as the Agency deems
25		necessary to implement this subsection.

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1		13. Administrative Permit Amendments.
2		a. The Agency shall take final action on a request for
3		an administrative permit amendment within 60 days after
4		receipt of the request. Neither notice nor an opportunity
5		for public and affected State comment shall be required for
6		the Agency to incorporate such revisions, provided it
7		designates the permit revisions as having been made
8		pursuant to this subsection.
9		b. The Agency shall submit a copy of the revised permit
10		to USEPA.
11		c. For purposes of this Section the term
12		"administrative permit amendment" shall be defined as a
13		permit revision that can accomplish one or more of the
14		changes described below:
15		i. Corrects typographical errors;
16		ii. Identifies a change in the name, address, or
17		phone number of any person identified in the permit, or
18		provides a similar minor administrative change at the
19		source;
20		iii. Requires more frequent monitoring or
21		reporting by the permittee;
22		iv. Allows for a change in ownership or operational
23		control of a source where the Agency determines that no
24		other change in the permit is necessary, provided that
25		a written agreement containing a specific date for
26		transfer of permit responsibility, coverage, and

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1		liability between the current and new permittees has
2		been submitted to the Agency;
3		v. Incorporates into the CAAPP permit the
4		requirements from preconstruction review permits
5		authorized under a USEPA-approved program, provided
6		the program meets procedural and compliance
7		requirements substantially equivalent to those
8		contained in this Section;
9		vi. (Blank); or
10		vii. Any other type of change which USEPA has
11		determined as part of the approved CAAPP permit program
12		to be similar to those included in this subsection.
13		d. The Agency shall, upon taking final action granting
14		a request for an administrative permit amendment, allow
15		coverage by the permit shield in paragraph (j) of
16		subsection 7 of this Section for administrative permit
17		amendments made pursuant to subparagraph (v) of paragraph
18		(c) of this subsection which meet the relevant requirements
19		for significant permit modifications.
20		e. Permit revisions and modifications, including
21		administrative amendments and automatic amendments
22		(pursuant to Sections 408(b) and 403(d) of the Clean Air
23		Act or regulations promulgated thereunder), for purposes
24		of the acid rain portion of the permit shall be governed by
25		the regulations promulgated under Title IV of the Clean Air
26		Act. Owners or operators of affected sources for acid

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1		deposition shall have the flexibility to amend their
2		compliance plans as provided in the regulations
3		promulgated under Title IV of the Clean Air Act.
4		f. The CAAPP source may implement the changes addressed
5		in the request for an administrative permit amendment
6		immediately upon submittal of the request.
7		g. The Agency shall have the authority to adopt
8		procedural rules, in accordance with the Illinois
9		Administrative Procedure Act, as the Agency deems
10		necessary, to implement this subsection.
11		14. Permit Modifications.
12		a. Minor permit modification procedures.
13		i. The Agency shall review a permit modification
14		using the "minor permit" modification procedures only
15		for those permit modifications that:
16		A. Do not violate any applicable requirement;
17		B. Do not involve significant changes to
18		existing monitoring, reporting, or recordkeeping
19		requirements in the permit;
20		C. Do not require a case-by-case determination
21		of an emission limitation or other standard, or a
22		source-specific determination of ambient impacts,
23		or a visibility or increment analysis;
24		D. Do not seek to establish or change a permit
25		term or condition for which there is no

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1		corresponding underlying requirement and which
2		avoids an applicable requirement to which the
3		source would otherwise be subject. Such terms and
4		conditions include:
5		1. A federally enforceable emissions cap
6		assumed to avoid classification as a
7		modification under any provision of Title I of
8		the Clean Air Act; and
9		2. An alternative emissions limit approved
10		pursuant to regulations promulgated under
11		Section 112(i)(5) of the Clean Air Act;
12		E. Are not modifications under any provision
13		of Title I of the Clean Air Act; and
14		F. Are not required to be processed as a
15		significant modification.
16		ii. Notwithstanding subparagraph (i) of paragraph
17		(a) and subparagraph (ii) of paragraph (b) of this
18		subsection, minor permit modification procedures may
19		be used for permit modifications involving the use of
20		economic incentives, marketable permits, emissions
21		trading, and other similar approaches, to the extent
22		that such minor permit modification procedures are
23		explicitly provided for in an applicable
24		implementation plan or in applicable requirements
25		promulgated by USEPA.
26		iii. An applicant requesting the use of minor

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1		permit modification procedures shall meet the
2		requirements of subsection 5 of this Section and shall
3		include the following in its application:
4		A. A description of the change, the emissions
5		resulting from the change, and any new applicable
6		requirements that will apply if the change occurs;
7		B. The source's suggested draft permit;
8		C. Certification by a responsible official,
9		consistent with paragraph (e) of subsection 5 of
10		this Section and applicable regulations, that the
11		proposed modification meets the criteria for use
12		of minor permit modification procedures and a
13		request that such procedures be used; and
14		D. Completed forms for the Agency to use to
15		notify USEPA and affected States as required under
16		subsections 8 and 9 of this Section.
17		iv. Within 5 working days after receipt of a
18		complete permit modification application, the Agency
19		shall notify USEPA and affected States of the requested
20		permit modification in accordance with subsections 8
21		and 9 of this Section. The Agency promptly shall send
22		any notice required under paragraph (d) of subsection 8
23		of this Section to USEPA.
24		v. The Agency may not issue a final permit
25		modification until after the 45-day review period for
26		USEPA or until USEPA has notified the Agency that USEPA

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1		will not object to the issuance of the permit
2		modification, whichever comes first, although the
3		Agency can approve the permit modification prior to
4		that time. Within 90 days after the Agency's receipt of
5		an application under the minor permit modification
6		procedures or 15 days after the end of USEPA's 45-day
7		review period under subsection 9 of this Section,
8		whichever is later, the Agency shall:
9		A. Issue the permit modification as proposed;
10		B. Deny the permit modification application;
11		C. Determine that the requested modification
12		does not meet the minor permit modification
13		criteria and should be reviewed under the
14		significant modification procedures; or
15		D. Revise the draft permit modification and
16		transmit to USEPA the new proposed permit
17		modification as required by subsection 9 of this
18		Section.
19		vi. Any CAAPP source may make the change proposed
20		in its minor permit modification application
21		immediately after it files such application. After the
22		CAAPP source makes the change allowed by the preceding
23		sentence, and until the Agency takes any of the actions
24		specified in items (A) through (C) of subparagraph (v)
25		of paragraph (a) of this subsection, the source must
26		comply with both the applicable requirements governing

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1		the change and the proposed permit terms and
2		conditions. During this time period, the source need
3		not comply with the existing permit terms and
4		conditions it seeks to modify. If the source fails to
5		comply with its proposed permit terms and conditions
6		during this time period, the existing permit terms and
7		conditions which it seeks to modify may be enforced
8		against it.
9		vii. The permit shield under paragraph (j) of
10		subsection 7 of this Section may not extend to minor
11		permit modifications.
12		viii. If a construction permit is required,
13		pursuant to subsection (a) of Section 39 of this Act
14		and regulations thereunder, for a change for which the
15		minor permit modification procedures are applicable,
16		the source may request that the processing of the
17		construction permit application be consolidated with
18		the processing of the application for the minor permit
19		modification. In such cases, the provisions of this
20		Section, including those within subsections 5, 8, and
21		9, shall apply and the Agency shall act on such
22		applications pursuant to subparagraph (v) of paragraph
23		(a) of subsection 14 of this Section. The source may
24		make the proposed change immediately after filing its
25		application for the minor permit modification. Nothing
26		in this subparagraph shall otherwise affect the

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1		requirements and procedures applicable to construction
2		permits.
3		b. Group Processing of Minor Permit Modifications.
4		i. Where requested by an applicant within its
5		application, the Agency shall process groups of a
6		source's applications for certain modifications
7		eligible for minor permit modification processing in
8		accordance with the provisions of this paragraph (b).
9		ii. Permit modifications may be processed in
10		accordance with the procedures for group processing,
11		for those modifications:
12		A. Which meet the criteria for minor permit
13		modification procedures under subparagraph (i) of
14		paragraph (a) of subsection 14 of this Section; and
15		B. That collectively are below 10 percent of
16		the emissions allowed by the permit for the
17		emissions unit for which change is requested, 20
18		percent of the applicable definition of major
19		source set forth in subsection 2 of this Section,
20		or 5 tons per year, whichever is least.
21		iii. An applicant requesting the use of group
22		processing procedures shall meet the requirements of
23		subsection 5 of this Section and shall include the
24		following in its application:
25		A. A description of the change, the emissions
26		resulting from the change, and any new applicable

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1		requirements that will apply if the change occurs.
2		B. The source's suggested draft permit.
3		C. Certification by a responsible official
4		consistent with paragraph (e) of subsection 5 of
5		this Section, that the proposed modification meets
6		the criteria for use of group processing
7		procedures and a request that such procedures be
8		used.
9		D. A list of the source's other pending
10		applications awaiting group processing, and a
11		determination of whether the requested
12		modification, aggregated with these other
13		applications, equals or exceeds the threshold set
14		under item (B) of subparagraph (ii) of paragraph
15		(b) of this subsection.
16		E. Certification, consistent with paragraph
17		(e) of subsection 5 of this Section, that the
18		source has notified USEPA of the proposed
19		modification. Such notification need only contain
20		a brief description of the requested modification.
21		F. Completed forms for the Agency to use to
22		notify USEPA and affected states as required under
23		subsections 8 and 9 of this Section.
24		iv. On a quarterly basis or within 5 business days
25		after receipt of an application demonstrating that the
26		aggregate of a source's pending applications equals or

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1		exceeds the threshold level set forth within item (B)
2		of subparagraph (ii) of paragraph (b) of this
3		subsection, whichever is earlier, the Agency shall
4		promptly notify USEPA and affected States of the
5		requested permit modifications in accordance with
6		subsections 8 and 9 of this Section. The Agency shall
7		send any notice required under paragraph (d) of
8		subsection 8 of this Section to USEPA.
9		v. The provisions of subparagraph (v) of paragraph
10		(a) of this subsection shall apply to modifications
11		eligible for group processing, except that the Agency
12		shall take one of the actions specified in items (A)
13		through (D) of subparagraph (v) of paragraph (a) of
14		this subsection within 180 days after receipt of the
15		application or 15 days after the end of USEPA's 45-day
16		review period under subsection 9 of this Section,
17		whichever is later.
18		vi. The provisions of subparagraph (vi) of
19		paragraph (a) of this subsection shall apply to
20		modifications for group processing.
21		vii. The provisions of paragraph (j) of subsection
22		7 of this Section shall not apply to modifications
23		eligible for group processing.
24		c. Significant Permit Modifications.
25		i. Significant modification procedures shall be
26		used for applications requesting significant permit

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1		modifications and for those applications that do not
2		qualify as either minor permit modifications or as
3		administrative permit amendments.
4		ii. Every significant change in existing
5		monitoring permit terms or conditions and every
6		relaxation of reporting or recordkeeping requirements
7		shall be considered significant. A modification shall
8		also be considered significant if in the judgment of
9		the Agency action on an application for modification
10		would require decisions to be made on technically
11		complex issues. Nothing herein shall be construed to
12		preclude the permittee from making changes consistent
13		with this Section that would render existing permit
14		compliance terms and conditions irrelevant.
15		iii. Significant permit modifications must meet
16		all the requirements of this Section, including those
17		for applications (including completeness review),
18		public participation, review by affected States, and
19		review by USEPA applicable to initial permit issuance
20		and permit renewal. The Agency shall take final action
21		on significant permit modifications within 9 months
22		after receipt of a complete application.
23		d. The Agency shall have the authority to adopt
24		procedural rules, in accordance with the Illinois
25		Administrative Procedure Act, as the Agency deems
26		necessary, to implement this subsection.

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1		15. Reopenings for Cause by the Agency.
2		a. Each issued CAAPP permit shall include provisions
3		specifying the conditions under which the permit will be
4		reopened prior to the expiration of the permit. Such
5		revisions shall be made as expeditiously as practicable. A
6		CAAPP permit shall be reopened and revised under any of the
7		following circumstances, in accordance with procedures
8		adopted by the Agency:
9		i. Additional requirements under the Clean Air Act
10		become applicable to a major CAAPP source for which 3
11		or more years remain on the original term of the
12		permit. Such a reopening shall be completed not later
13		than 18 months after the promulgation of the applicable
14		requirement. No such revision is required if the
15		effective date of the requirement is later than the
16		date on which the permit is due to expire.
17		ii. Additional requirements (including excess
18		emissions requirements) become applicable to an
19		affected source for acid deposition under the acid rain
20		program. Excess emissions offset plans shall be deemed
21		to be incorporated into the permit upon approval by
22		USEPA.
23		iii. The Agency or USEPA determines that the permit
24		contains a material mistake or that inaccurate
25		statements were made in establishing the emissions

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1		standards, limitations, or other terms or conditions
2		of the permit.
3		iv. The Agency or USEPA determines that the permit
4		must be revised or revoked to assure compliance with
5		the applicable requirements.
6		b. In the event that the Agency determines that there
7		are grounds for revoking a CAAPP permit, for cause,
8		consistent with paragraph a of this subsection, it shall
9		file a petition before the Board setting forth the basis
10		for such revocation. In any such proceeding, the Agency
11		shall have the burden of establishing that the permit
12		should be revoked under the standards set forth in this Act
13		and the Clean Air Act. Any such proceeding shall be
14		conducted pursuant to the Board's procedures for
15		adjudicatory hearings and the Board shall render its
16		decision within 120 days of the filing of the petition. The
17		Agency shall take final action to revoke and reissue a
18		CAAPP permit consistent with the Board's order.
19		c. Proceedings regarding a reopened CAAPP permit shall
20		follow the same procedures as apply to initial permit
21		issuance and shall affect only those parts of the permit
22		for which cause to reopen exists.
23		d. Reopenings under paragraph (a) of this subsection
24		shall not be initiated before a notice of such intent is
25		provided to the CAAPP source by the Agency at least 30 days
26		in advance of the date that the permit is to be reopened,

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1		except that the Agency may provide a shorter time period in
2		the case of an emergency.
3		e. The Agency shall have the authority to adopt
4		procedural rules, in accordance with the Illinois
5		Administrative Procedure Act, as the Agency deems
6		necessary, to implement this subsection.
7		16. Reopenings for Cause by USEPA.
8		a. When USEPA finds that cause exists to terminate,
9		modify, or revoke and reissue a CAAPP permit pursuant to
10		subsection 15 of this Section, and thereafter notifies the
11		Agency and the permittee of such finding in writing, the
12		Agency shall forward to USEPA and the permittee a proposed
13		determination of termination, modification, or revocation
14		and reissuance as appropriate, in accordance with
15		paragraph (b) of this subsection. The Agency's proposed
16		determination shall be in accordance with the record, the
17		Clean Air Act, regulations promulgated thereunder, this
18		Act and regulations promulgated thereunder. Such proposed
19		determination shall not affect the permit or constitute a
20		final permit action for purposes of this Act or the
21		Administrative Review Law. The Agency shall forward to
22		USEPA such proposed determination within 90 days after
23		receipt of the notification from USEPA. If additional time
24		is necessary to submit the proposed determination, the
25		Agency shall request a 90-day extension from USEPA and

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1		shall submit the proposed determination within 180 days
2		after receipt of notification from USEPA.
3		b. i. Prior to the Agency's submittal to USEPA of a
4		proposed determination to terminate or revoke and
5		reissue the permit, the Agency shall file a petition
6		before the Board setting forth USEPA's objection, the
7		permit record, the Agency's proposed determination,
8		and the justification for its proposed determination.
9		The Board shall conduct a hearing pursuant to the rules
10		prescribed by Section 32 of this Act, and the burden of
11		proof shall be on the Agency.
12		ii. After due consideration of the written and oral
13		statements, the testimony and arguments that shall be
14		submitted at hearing, the Board shall issue and enter
15		an interim order for the proposed determination, which
16		shall set forth all changes, if any, required in the
17		Agency's proposed determination. The interim order
18		shall comply with the requirements for final orders as
19		set forth in Section 33 of this Act. Issuance of an
20		interim order by the Board under this paragraph,
21		however, shall not affect the permit status and does
22		not constitute a final action for purposes of this Act
23		or the Administrative Review Law.
24		iii. The Board shall cause a copy of its interim
25		order to be served upon all parties to the proceeding
26		as well as upon USEPA. The Agency shall submit the

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1		proposed determination to USEPA in accordance with the
2		Board's Interim Order within 180 days after receipt of
3		the notification from USEPA.
4		c. USEPA shall review the proposed determination to
5		terminate, modify, or revoke and reissue the permit within
6		90 days after receipt.
7		i. When USEPA reviews the proposed determination
8		to terminate or revoke and reissue and does not object,
9		the Board shall, within 7 days after receipt of USEPA's
10		final approval, enter the interim order as a final
11		order. The final order may be appealed as provided by
12		Title XI of this Act. The Agency shall take final
13		action in accordance with the Board's final order.
14		ii. When USEPA reviews such proposed determination
15		to terminate or revoke and reissue and objects, the
16		Agency shall submit USEPA's objection and the Agency's
17		comments and recommendation on the objection to the
18		Board and permittee. The Board shall review its interim
19		order in response to USEPA's objection and the Agency's
20		comments and recommendation and issue a final order in
21		accordance with Sections 32 and 33 of this Act. The
22		Agency shall, within 90 days after receipt of such
23		objection, respond to USEPA's objection in accordance
24		with the Board's final order.
25		iii. When USEPA reviews such proposed
26		determination to modify and objects, the Agency shall,

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1		within 90 days after receipt of the objection, resolve
2		the objection and modify the permit in accordance with
3		USEPA's objection, based upon the record, the Clean Air
4		Act, regulations promulgated thereunder, this Act, and
5		regulations promulgated thereunder.
6		d. If the Agency fails to submit the proposed
7		determination pursuant to paragraph a of this subsection or
8		fails to resolve any USEPA objection pursuant to paragraph
9		c of this subsection, USEPA will terminate, modify, or
10		revoke and reissue the permit.
11		e. The Agency shall have the authority to adopt
12		procedural rules, in accordance with the Illinois
13		Administrative Procedure Act, as the Agency deems
14		necessary, to implement this subsection.
15		17. Title IV; Acid Rain Provisions.
16		a. The Agency shall act on initial CAAPP applications
17		for affected sources for acid deposition in accordance with
18		this Section and Title V of the Clean Air Act and
19		regulations promulgated thereunder, except as modified by
20		Title IV of the Clean Air Act and regulations promulgated
21		thereunder. The Agency shall issue initial CAAPP permits to
22		the affected sources for acid deposition which shall become
23		effective no earlier than January 1, 1995, and which shall
24		terminate on December 31, 1999, in accordance with this
25		Section. Subsequent CAAPP permits issued to affected

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1		sources for acid deposition shall be issued for a fixed
2		term of 5 years. Title IV of the Clean Air Act and
3		regulations promulgated thereunder, including but not
4		limited to 40 C.F.R. Part 72, as now or hereafter amended,
5		are applicable to and enforceable under this Act.
6		b. A designated representative of an affected source
7		for acid deposition shall submit a timely and complete
8		Phase II acid rain permit application and compliance plan
9		to the Agency, not later than January 1, 1996, that meets
10		the requirements of Titles IV and V of the Clean Air Act
11		and regulations. The Agency shall act on the Phase II acid
12		rain permit application and compliance plan in accordance
13		with this Section and Title V of the Clean Air Act and
14		regulations promulgated thereunder, except as modified by
15		Title IV of the Clean Air Act and regulations promulgated
16		thereunder. The Agency shall issue the Phase II acid rain
17		permit to an affected source for acid deposition no later
18		than December 31, 1997, which shall become effective on
19		January 1, 2000, in accordance with this Section, except as
20		modified by Title IV and regulations promulgated
21		thereunder; provided that the designated representative of
22		the source submitted a timely and complete Phase II permit
23		application and compliance plan to the Agency that meets
24		the requirements of Title IV and V of the Clean Air Act and
25		regulations.
26		c. Each Phase II acid rain permit issued in accordance

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1		with this subsection shall have a fixed term of 5 years.
2		Except as provided in paragraph b above, the Agency shall
3		issue or deny a Phase II acid rain permit within 18 months
4		of receiving a complete Phase II permit application and
5		compliance plan.
6		d. A designated representative of a new unit, as
7		defined in Section 402 of the Clean Air Act, shall submit a
8		timely and complete Phase II acid rain permit application
9		and compliance plan that meets the requirements of Titles
10		IV and V of the Clean Air Act and its regulations. The
11		Agency shall act on the new unit's Phase II acid rain
12		permit application and compliance plan in accordance with
13		this Section and Title V of the Clean Air Act and its
14		regulations, except as modified by Title IV of the Clean
15		Air Act and its regulations. The Agency shall reopen the
16		new unit's CAAPP permit for cause to incorporate the
17		approved Phase II acid rain permit in accordance with this
18		Section. The Phase II acid rain permit for the new unit
19		shall become effective no later than the date required
20		under Title IV of the Clean Air Act and its regulations.
21		e. A designated representative of an affected source
22		for acid deposition shall submit a timely and complete
23		Title IV NOx permit application to the Agency, not later
24		than January 1, 1998, that meets the requirements of Titles
25		IV and V of the Clean Air Act and its regulations. The
26		Agency shall reopen the Phase II acid rain permit for cause

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1		and incorporate the approved NOx provisions into the Phase
2		II acid rain permit not later than January 1, 1999, in
3		accordance with this Section, except as modified by Title
4		IV of the Clean Air Act and regulations promulgated
5		thereunder. Such reopening shall not affect the term of the
6		Phase II acid rain permit.
7		f. The designated representative of the affected
8		source for acid deposition shall renew the initial CAAPP
9		permit and Phase II acid rain permit in accordance with
10		this Section and Title V of the Clean Air Act and
11		regulations promulgated thereunder, except as modified by
12		Title IV of the Clean Air Act and regulations promulgated
13		thereunder.
14		g. In the case of an affected source for acid
15		deposition for which a complete Phase II acid rain permit
16		application and compliance plan are timely received under
17		this subsection, the complete permit application and
18		compliance plan, including amendments thereto, shall be
19		binding on the owner, operator and designated
20		representative, all affected units for acid deposition at
21		the affected source, and any other unit, as defined in
22		Section 402 of the Clean Air Act, governed by the Phase II
23		acid rain permit application and shall be enforceable as an
24		acid rain permit for purposes of Titles IV and V of the
25		Clean Air Act, from the date of submission of the acid rain
26		permit application until a Phase II acid rain permit is

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1		issued or denied by the Agency.
2		h. The Agency shall not include or implement any
3		measure which would interfere with or modify the
4		requirements of Title IV of the Clean Air Act or
5		regulations promulgated thereunder.
6		i. Nothing in this Section shall be construed as
7		affecting allowances or USEPA's decision regarding an
8		excess emissions offset plan, as set forth in Title IV of
9		the Clean Air Act or regulations promulgated thereunder.
10		i. No permit revision shall be required for
11		increases in emissions that are authorized by
12		allowances acquired pursuant to the acid rain program,
13		provided that such increases do not require a permit
14		revision under any other applicable requirement.
15		ii. No limit shall be placed on the number of
16		allowances held by the source. The source may not,
17		however, use allowances as a defense to noncompliance
18		with any other applicable requirement.
19		iii. Any such allowance shall be accounted for
20		according to the procedures established in regulations
21		promulgated under Title IV of the Clean Air Act.
22		j. To the extent that the federal regulations
23		promulgated under Title IV, including but not limited to 40
24		C.F.R. Part 72, as now or hereafter amended, are
25		inconsistent with the federal regulations promulgated
26		under Title V, the federal regulations promulgated under

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1		Title IV shall take precedence.
2		k. The USEPA may intervene as a matter of right in any
3		permit appeal involving a Phase II acid rain permit
4		provision or denial of a Phase II acid rain permit.
5		l. It is unlawful for any owner or operator to violate
6		any terms or conditions of a Phase II acid rain permit
7		issued under this subsection, to operate any affected
8		source for acid deposition except in compliance with a
9		Phase II acid rain permit issued by the Agency under this
10		subsection, or to violate any other applicable
11		requirements.
12		m. The designated representative of an affected source
13		for acid deposition shall submit to the Agency the data and
14		information submitted quarterly to USEPA, pursuant to 40
15		CFR 75.64, concurrently with the submission to USEPA. The
16		submission shall be in the same electronic format as
17		specified by USEPA.
18		n. The Agency shall act on any petition for exemption
19		of a new unit or retired unit, as those terms are defined
20		in Section 402 of the Clean Air Act, from the requirements
21		of the acid rain program in accordance with Title IV of the
22		Clean Air Act and its regulations.
23		o. The Agency shall have the authority to adopt
24		procedural rules, in accordance with the Illinois
25		Administrative Procedure Act, as the Agency deems
26		necessary to implement this subsection.

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1		18. Fee Provisions.
2		a. A source subject to this Section or excluded under
3		subsection 1.1 or paragraph (c) of subsection 3 of this
4		Section, shall pay a fee as provided in this paragraph (a)
5		of subsection 18. However, a source that has been excluded
6		from the provisions of this Section under subsection 1.1 or
7		under paragraph (c) of subsection 3 of this Section because
8		the source emits less than 25 tons per year of any
9		combination of regulated air pollutants, except greenhouse
10		gases, shall pay fees in accordance with paragraph (1) of
11		subsection (b) of Section 9.6.
12		i. The fee for a source allowed to emit less than
13		100 tons per year of any combination of regulated air
14		pollutants, except greenhouse gases, shall be $1,800
15		per year, and that fee shall increase, beginning
16		January 1, 2012, to $2,150 per year.
17		ii. The fee for a source allowed to emit 100 tons
18		or more per year of any combination of regulated air
19		pollutants, except greenhouse gases and those
20		regulated air pollutants excluded in paragraph (f) of
21		this subsection 18, shall be as follows:
22		A. The Agency shall assess a fee of $18 per
23		ton, per year for the allowable emissions of
24		regulated air pollutants subject to this
25		subparagraph (ii) of paragraph (a) of subsection

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1		18, and that fee shall increase, beginning January
2		1, 2012, to $21.50 per ton, per year. These fees
3		shall be used by the Agency and the Board to fund
4		the activities required by Title V of the Clean Air
5		Act including such activities as may be carried out
6		by other State or local agencies pursuant to
7		paragraph (d) of this subsection. The amount of
8		such fee shall be based on the information supplied
9		by the applicant in its complete CAAPP permit
10		application or in the CAAPP permit if the permit
11		has been granted and shall be determined by the
12		amount of emissions that the source is allowed to
13		emit annually, provided however, that the maximum
14		fee for a CAAPP permit under this subparagraph (ii)
15		of paragraph (a) of subsection 18 is $250,000, and
16		increases, beginning January 1, 2012, to $294,000.
17		Beginning January 1, 2012, the maximum fee under
18		this subparagraph (ii) of paragraph (a) of
19		subsection 18 for a source that has been excluded
20		under subsection 1.1 of this Section or under
21		paragraph (c) of subsection 3 of this Section is
22		$4,112. The Agency shall provide as part of the
23		permit application form required under subsection
24		5 of this Section a separate fee calculation form
25		which will allow the applicant to identify the
26		allowable emissions and calculate the fee. In no

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1		event shall the Agency raise the amount of
2		allowable emissions requested by the applicant
3		unless such increases are required to demonstrate
4		compliance with terms of a CAAPP permit.
5		Notwithstanding the above, any applicant may
6		seek a change in its permit which would result in
7		increases in allowable emissions due to an
8		increase in the hours of operation or production
9		rates of an emission unit or units and such a
10		change shall be consistent with the construction
11		permit requirements of the existing State permit
12		program, under subsection (a) of Section 39 of this
13		Act and applicable provisions of this Section.
14		Where a construction permit is required, the
15		Agency shall expeditiously grant such construction
16		permit and shall, if necessary, modify the CAAPP
17		permit based on the same application.
18		B. The applicant or permittee may pay the fee
19		annually or semiannually for those fees greater
20		than $5,000. However, any applicant paying a fee
21		equal to or greater than $100,000 shall pay the
22		full amount on July 1, for the subsequent fiscal
23		year, or pay 50% of the fee on July 1 and the
24		remaining 50% by the next January 1. The Agency may
25		change any annual billing date upon reasonable
26		notice, but shall prorate the new bill so that the

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1		permittee or applicant does not pay more than its
2		required fees for the fee period for which payment
3		is made.
4		b. (Blank).
5		c. (Blank).
6		d. There is hereby created in the State Treasury a
7		special fund to be known as the Clean Air Act Permit Fund
8		(formerly known as the CAA Permit Fund). All Funds
9		collected by the Agency pursuant to this subsection shall
10		be deposited into the Fund. The General Assembly shall
11		appropriate monies from this Fund to the Agency and to the
12		Board to carry out their obligations under this Section.
13		The General Assembly may also authorize monies to be
14		granted by the Agency from this Fund to other State and
15		local agencies which perform duties related to the CAAPP.
16		Interest generated on the monies deposited in this Fund
17		shall be returned to the Fund.
18		e. The Agency shall have the authority to adopt
19		procedural rules, in accordance with the Illinois
20		Administrative Procedure Act, as the Agency deems
21		necessary to implement this subsection.
22		f. For purposes of this subsection, the term "regulated
23		air pollutant" shall have the meaning given to it under
24		subsection 1 of this Section but shall exclude the
25		following:
26		i. carbon monoxide;

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1		ii. any Class I or II substance which is a
2		regulated air pollutant solely because it is listed
3		pursuant to Section 602 of the Clean Air Act; and
4		iii. any pollutant that is a regulated air
5		pollutant solely because it is subject to a standard or
6		regulation under Section 112(r) of the Clean Air Act
7		based on the emissions allowed in the permit effective
8		in that calendar year, at the time the applicable bill
9		is generated.
10		19. Air Toxics Provisions.
11		a. In the event that the USEPA fails to promulgate in a
12		timely manner a standard pursuant to Section 112(d) of the
13		Clean Air Act, the Agency shall have the authority to issue
14		permits, pursuant to Section 112(j) of the Clean Air Act
15		and regulations promulgated thereunder, which contain
16		emission limitations which are equivalent to the emission
17		limitations that would apply to a source if an emission
18		standard had been promulgated in a timely manner by USEPA
19		pursuant to Section 112(d). Provided, however, that the
20		owner or operator of a source shall have the opportunity to
21		submit to the Agency a proposed emission limitation which
22		it determines to be equivalent to the emission limitations
23		that would apply to such source if an emission standard had
24		been promulgated in a timely manner by USEPA. If the Agency
25		refuses to include the emission limitation proposed by the

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1		owner or operator in a CAAPP permit, the owner or operator
2		may petition the Board to establish whether the emission
3		limitation proposal submitted by the owner or operator
4		provides for emission limitations which are equivalent to
5		the emission limitations that would apply to the source if
6		the emission standard had been promulgated by USEPA in a
7		timely manner. The Board shall determine whether the
8		emission limitation proposed by the owner or operator or an
9		alternative emission limitation proposed by the Agency
10		provides for the level of control required under Section
11		112 of the Clean Air Act, or shall otherwise establish an
12		appropriate emission limitation, pursuant to Section 112
13		of the Clean Air Act.
14		b. Any Board proceeding brought under paragraph (a) or
15		(e) of this subsection shall be conducted according to the
16		Board's procedures for adjudicatory hearings and the Board
17		shall render its decision within 120 days of the filing of
18		the petition. Any such decision shall be subject to review
19		pursuant to Section 41 of this Act. Where USEPA promulgates
20		an applicable emission standard prior to the issuance of
21		the CAAPP permit, the Agency shall include in the permit
22		the promulgated standard, provided that the source shall
23		have the compliance period provided under Section 112(i) of
24		the Clean Air Act. Where USEPA promulgates an applicable
25		standard subsequent to the issuance of the CAAPP permit,
26		the Agency shall revise such permit upon the next renewal

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1		to reflect the promulgated standard, providing a
2		reasonable time for the applicable source to comply with
3		the standard, but no longer than 8 years after the date on
4		which the source is first required to comply with the
5		emissions limitation established under this subsection.
6		c. The Agency shall have the authority to implement and
7		enforce complete or partial emission standards promulgated
8		by USEPA pursuant to Section 112(d), and standards
9		promulgated by USEPA pursuant to Sections 112(f), 112(h),
10		112(m), and 112(n), and may accept delegation of authority
11		from USEPA to implement and enforce Section 112(l) and
12		requirements for the prevention and detection of
13		accidental releases pursuant to Section 112(r) of the Clean
14		Air Act.
15		d. The Agency shall have the authority to issue permits
16		pursuant to Section 112(i)(5) of the Clean Air Act.
17		e. The Agency has the authority to implement Section
18		112(g) of the Clean Air Act consistent with the Clean Air
19		Act and federal regulations promulgated thereunder. If the
20		Agency refuses to include the emission limitations
21		proposed in an application submitted by an owner or
22		operator for a case-by-case maximum achievable control
23		technology (MACT) determination, the owner or operator may
24		petition the Board to determine whether the emission
25		limitation proposed by the owner or operator or an
26		alternative emission limitation proposed by the Agency

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1		provides for a level of control required by Section 112 of
2		the Clean Air Act, or to otherwise establish an appropriate
3		emission limitation under Section 112 of the Clean Air Act.
4		20. Small Business.
5		a. For purposes of this subsection:
6		"Program" is the Small Business Stationary Source
7		Technical and Environmental Compliance Assistance Program
8		created within this State pursuant to Section 507 of the
9		Clean Air Act and guidance promulgated thereunder, to
10		provide technical assistance and compliance information to
11		small business stationary sources;
12		"Small Business Assistance Program" is a component of
13		the Program responsible for providing sufficient
14		communications with small businesses through the
15		collection and dissemination of information to small
16		business stationary sources; and
17		"Small Business Stationary Source" means a stationary
18		source that:
19		1. is owned or operated by a person that employs
20		100 or fewer individuals;
21		2. is a small business concern as defined in the
22		"Small Business Act";
23		3. is not a major source as that term is defined in
24		subsection 2 of this Section;
25		4. does not emit 50 tons or more per year of any

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1		regulated air pollutant, except greenhouse gases; and
2		5. emits less than 75 tons per year of all
3		regulated pollutants, except greenhouse gases.
4		b. The Agency shall adopt and submit to USEPA, after
5		reasonable notice and opportunity for public comment, as a
6		revision to the Illinois state implementation plan, plans
7		for establishing the Program.
8		c. The Agency shall have the authority to enter into
9		such contracts and agreements as the Agency deems necessary
10		to carry out the purposes of this subsection.
11		d. The Agency may establish such procedures as it may
12		deem necessary for the purposes of implementing and
13		executing its responsibilities under this subsection.
14		e. There shall be appointed a Small Business Ombudsman
15		(hereinafter in this subsection referred to as
16		"Ombudsman") to monitor the Small Business Assistance
17		Program. The Ombudsman shall be a nonpartisan designated
18		official, with the ability to independently assess whether
19		the goals of the Program are being met.
20		f. The State Ombudsman Office shall be located in an
21		existing Ombudsman office within the State or in any State
22		Department.
23		g. There is hereby created a State Compliance Advisory
24		Panel (hereinafter in this subsection referred to as
25		"Panel") for determining the overall effectiveness of the
26		Small Business Assistance Program within this State.

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1		h. The selection of Panel members shall be by the
2		following method:
3		1. The Governor shall select two members who are
4		not owners or representatives of owners of small
5		business stationary sources to represent the general
6		public;
7		2. The Director of the Agency shall select one
8		member to represent the Agency; and
9		3. The State Legislature shall select four members
10		who are owners or representatives of owners of small
11		business stationary sources. Both the majority and
12		minority leadership in both Houses of the Legislature
13		shall appoint one member of the panel.
14		i. Panel members should serve without compensation but
15		will receive full reimbursement for expenses including
16		travel and per diem as authorized within this State.
17		j. The Panel shall select its own Chair by a majority
18		vote. The Chair may meet and consult with the Ombudsman and
19		the head of the Small Business Assistance Program in
20		planning the activities for the Panel.
21		21. Temporary Sources.
22		a. The Agency may issue a single permit authorizing
23		emissions from similar operations by the same source owner
24		or operator at multiple temporary locations, except for
25		sources which are affected sources for acid deposition

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1		under Title IV of the Clean Air Act.
2		b. The applicant must demonstrate that the operation is
3		temporary and will involve at least one change of location
4		during the term of the permit.
5		c. Any such permit shall meet all applicable
6		requirements of this Section and applicable regulations,
7		and include conditions assuring compliance with all
8		applicable requirements at all authorized locations and
9		requirements that the owner or operator notify the Agency
10		at least 10 days in advance of each change in location.
11		22. Solid Waste Incineration Units.
12		a. A CAAPP permit for a solid waste incineration unit
13		combusting municipal waste subject to standards
14		promulgated under Section 129(e) of the Clean Air Act shall
15		be issued for a period of 12 years and shall be reviewed
16		every 5 years, unless the Agency requires more frequent
17		review through Agency procedures.
18		b. During the review in paragraph (a) of this
19		subsection, the Agency shall fully review the previously
20		submitted CAAPP permit application and corresponding
21		reports subsequently submitted to determine whether the
22		source is in compliance with all applicable requirements.
23		c. If the Agency determines that the source is not in
24		compliance with all applicable requirements it shall
25		revise the CAAPP permit as appropriate.

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1		d. The Agency shall have the authority to adopt
2		procedural rules, in accordance with the Illinois
3		Administrative Procedure Act, as the Agency deems
4		necessary, to implement this subsection.
5		(Source: P.A. 99-380, eff. 8-17-15; 99-933, eff. 1-27-17;
6		100-103, eff. 8-11-17.)
7		(415 ILCS 5/Tit. XVIII heading new)
8		TITLE XVIII: PROTECTION OF ENVIRONMENT, NATURAL RESOURCES, AND
9		PUBLIC HEALTH
10		(415 ILCS 5/59 new)
11		Sec. 59. Findings. The General Assembly finds and declares
12		that:
13		(1) For over 4 decades, Illinois and its residents have
14		relied on federal laws, including the federal Clean Air Act,
15		the Federal Water Pollution Control Act (Clean Water Act), the
16		federal Safe Drinking Water Act, and the federal Endangered
17		Species Act, along with their implementing regulations and
18		remedies, to protect our State's public health, environment,
19		and natural resources.
20		(2) These federal laws establish standards that serve as
21		the baseline level of public health and environmental
22		protection, while expressly authorizing states like Illinois
23		to adopt more protective measures.
24		(3) Beginning in 2017, a new presidential administration

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1		and a United States Congress are controlled by one party that
2		has signaled a series of direct challenges to these federal
3		laws and the protections they provide, as well as to the
4		underlying science that makes these protections necessary, and
5		to the rights of the states to protect their own environment,
6		natural resources, and public health as they see fit.
7		(4) It is therefore necessary for the Illinois General
8		Assembly to enact legislation that will ensure continued
9		protections for the environment, natural resources, and public
10		health in the State even if the federal laws specified in
11		subsection (a) are undermined, amended, or repealed.
12		(415 ILCS 5/59.1 new)
13		Sec. 59.1. Intent. It is the intent of this Title to:
14		(1) Retain protections afforded under the federal laws
15		specified in Section 59.2 and regulations implementing those
16		federal laws in existence on or before January 19, 2017,
17		regardless of actions taken at the federal level.
18		(2) Protect public health and welfare from any actual or
19		potential adverse effect that reasonably may be anticipated to
20		occur from pollution, including the effects of climate change.
21		(3) Preserve, protect, and enhance the environment and
22		natural resources in Illinois, including, but not limited to,
23		the State and national parks, national wilderness areas,
24		national monuments, national waterways, including Lake
25		Michigan and the Mississippi River, and other areas with

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1		special national or regional natural, recreational, scenic, or
2		historic value.
3		(4) Ensure that economic growth will occur in a manner
4		consistent with the protection of public health and the
5		environment and preservation of existing natural resources.
6		(5) Ensure that any decision made by a public agency that
7		may adversely impact public health, the environment, or natural
8		resources is made only after careful evaluation of all the
9		consequences of that decision and after adequate procedural
10		opportunities for informed public participation in the
11		decision-making process.
12		(415 ILCS 5/59.2 new)
13		Sec. 59.2. Definitions. As used in this Title:
14		"Baseline federal law standards" means federal laws and
15		federal regulations issued under the federal laws as those
16		federal laws and regulations existed on January 19, 2017.
17		"Federal laws" means any of the following:
18		(1) The federal Clean Air Act.
19		(2) The Federal Water Pollution Control Act.
20		(3) The federal Safe Drinking Water Act.
21		(4) The federal Endangered Species Act.
22		"State agency" means a State agency designated by law to
23		implement the federal law or its State analog.
24		(415 ILCS 5/59.3 new)

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1		Sec. 59.3. Operative provisions.
2		(a) A State or local agency shall not amend or revise its
3		rules to be less stringent than the baseline federal law
4		standards.
5		(b) A State or local agency may adopt rules for Illinois
6		that are more stringent than the baseline federal law
7		standards.
8		(415 ILCS 5/60 new)
9		Sec. 60. Air.
10		(a) The General Assembly finds all of the following:
11		(1) Title II and Title X of the Environmental
12		Protection Act contain the State analog to the federal
13		Clean Air Act.
14		(2) State agencies formulate and adopt the state
15		implementation plans (SIPs) for Illinois under the federal
16		Clean Air Act, and issue permits governing the emission of
17		certain substances, including greenhouse gases, into the
18		air.
19		(b) Except as otherwise authorized by State law, all of the
20		following apply:
21		(1) State agencies shall maintain and enforce all air
22		quality requirements and standards that are at least as
23		stringent as required by the baseline federal law
24		standards, in addition to those required under State law.
25		(2) If State agencies have not established a standard

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1		or requirement for an air pollutant for which a standard or
2		requirement exists in the baseline federal law standards
3		and the federal standard or requirement is amended, then
4		the State agencies shall adopt a standard or requirement
5		that is at least as stringent as the baseline federal law
6		standards.
7		(3) State agencies shall adopt state implementation
8		plans for Illinois that meet requirements that are at least
9		as stringent as those required by the applicable baseline
10		federal law standards, in addition to those required by
11		State law.
12		(4) If the federal transportation conformity program
13		becomes less stringent than the applicable baseline
14		federal law standards, then State agencies shall adopt and
15		implement equivalent requirements that are at least as
16		stringent as those required by the applicable baseline
17		federal law standards, in addition to those required by
18		State law.
19		(415 ILCS 5/61 new)
20		Sec. 61. Water.
21		(a) The General Assembly finds all of the following:
22		(1) Title III and Title X of the Environmental
23		Protection Act are the State analog to the Federal Water
24		Pollution Control Act, otherwise known as the federal Clean
25		Water Act.

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1		(2) Title IV, Title IV-A, and Title X of the
2		Environmental Protection Act are the State analog to the
3		federal Safe Drinking Water Act.
4		(3) State agencies administer and implement the
5		federal Clean Water Act and the Environmental Protection
6		Act to preserve, protect, enhance, and restore water
7		quality by setting statewide policy, formulating and
8		adopting water quality control plans, setting standards,
9		issuing permits and waste discharge requirements,
10		determining compliance with those permits and waste
11		discharge requirements, and taking appropriate enforcement
12		actions.
13		(4) State agencies regulate public drinking water
14		systems under the federal Safe Drinking Water Act and the
15		Environmental Protection Act to ensure the delivery of safe
16		drinking water to Illinoisans.
17		(b) Except as otherwise authorized by State law, the
18		following apply:
19		(1) State agencies shall maintain and enforce all water
20		supply and water quality standards and permitting
21		requirements that are at least as stringent as required by
22		the applicable baseline federal law standards, in addition
23		to those required by State law.
24		(2) State agencies shall maintain and enforce all
25		drinking water standards that are at least as stringent as
26		required by the applicable baseline federal law standards,

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1		in addition to those required by State law, including the
2		level of lead in drinking water.
3		(3) If State agencies have not established a water
4		supply or water quality standard or requirement for which a
5		standard or requirement exists in the baseline federal law
6		standards and the federal requirement or standard is
7		amended, then State agencies as appropriate shall adopt a
8		standard or requirement that is at least as stringent as
9		the baseline federal law standards.
10		(4) If State agencies have not established a drinking
11		water standard or requirement for which a standard or
12		requirement exists in the baseline federal law standards
13		and the federal standard or requirement is amended, then
14		State agencies, as appropriate, shall adopt a standard or
15		requirement that is at least as stringent as the baseline
16		federal law standards.
17		(5) Waste discharge requirements and permits that are
18		issued on and after January 19, 2017, shall be at least as
19		protective of the environment and comply with all
20		applicable water quality standards, effluent limitations,
21		and restrictions as required by the applicable baseline
22		federal law standards, in addition to those required by
23		State law.
24		(6) Drinking water supply permits that are issued on
25		and after January 19, 2017, shall be at least as protective
26		of public health and comply with all applicable drinking

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1		water standards as required by the applicable baseline
2		federal law standards, in addition to those required by
3		State law.
4		(7) A water quality management plan adopted on or after
5		January 19, 2017, shall be at least as protective of the
6		environment pursuant to, and in compliance with, all
7		applicable water quality standards, effluent limitations,
8		and restrictions as required by the applicable baseline
9		federal law standards, in addition to those required by
10		State law.
11		(8) When a waste discharge requirement or water quality
12		management plan is renewed or amended, any water quality
13		standards, effluent limitations, restrictions, and
14		conditions shall be at least as protective of the
15		environment pursuant to, and in compliance with, all
16		applicable water quality standards, effluent limitations,
17		and restrictions as required by the applicable baseline
18		federal law standards, in addition to those required by
19		State law.
20		(415 ILCS 5/62 new)
21		Sec. 62. Endangered and threatened species.
22		(a) The General Assembly finds all of the following:
23		(1) The Illinois Endangered Species Protection Act is
24		the State analog to the federal Endangered Species Act.
25		(2) The Illinois Endangered Species Protection Act

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1		prohibits the taking of any species that the Department of
2		Natural Resources determines to be endangered or
3		threatened, unless the Department of Natural Resources
4		allows for take incidental to otherwise lawful activity
5		under Section 4 of the Illinois Endangered Species
6		Protection Act.
7		(b) Except as otherwise authorized by State law, both of
8		the following apply:
9		(1) All native species not already listed under the
10		Illinois Endangered Species Protection Act that are listed
11		as endangered or threatened under the federal Endangered
12		Species Act on January 19, 2017, shall be listed as an
13		endangered or threatened species, as appropriate, under
14		the Illinois Endangered Species Protection Act. The
15		Department of Natural Resources may review and modify the
16		listing of species in accordance with this Section.
17		(2) Any new or revised consistency determination or
18		incidental take permit issued to a permittee on or after
19		January 19, 2017, shall only authorize incidental take if
20		it requires conditions at least as stringent as required by
21		the relevant baseline federal law standards, including,
22		but not limited to, any federal incidental take statement,
23		incidental take permit, or biological opinion in effect and
24		applicable to a permittee or project as the baseline
25		federal law standard existed on January 19, 2017. This
26		subsection does not modify the requirements of Section 5.5

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1		of the Illinois Endangered Species Protection Act.
2		(415 ILCS 5/63 new)
3		Sec. 63. Implementation; reporting. Each State agency
4		shall undertake all feasible efforts using the State agency's
5		authority under State and federal law to implement and enforce
6		this Title. Each State agency that takes steps to enforce this
7		Title shall submit a report to the General Assembly at least
8		once every year describing the State agency's compliance with
9		this Title. The report to the General Assembly shall be filed
10		with the Clerk of the House of Representatives and the
11		Secretary of the Senate in electronic form only, in the manner
12		that the Clerk and the Secretary shall direct.
13		(415 ILCS 5/64 new)
14		Sec. 64. Repeal. This Title is repealed 3 years after the
15		effective date of this amendatory Act of the 100th General
16		Assembly.
17		Section 35. Labor; environmental standards; baseline
18		federal law standard. For the purposes of this Act, including
19		the new provisions and amendatory provisions, all requirements
20		that a labor or environmental standard be identical in
21		substance or consistent with a baseline federal law standard
22		shall mean that a standard is identical in substance or
23		consistent with that baseline federal law standard as of

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1		January 19, 2017.
2		Section 97. Severability. The provisions of this Act are
3		severable. If any provision of this Act or its application is
4		held invalid, that invalidity shall not affect other provisions
5		or applications that can be given effect without the invalid
6		provision or application.