Bill Text: IL SB3506 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Environmental Protection Act. Deletes a provision that requires a Clean Air Act Permit Program (CAAPP) permit to contain a provision which creates an emergency-related affirmative defense if certain requirements are met.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Enrolled) 2024-05-24 - Passed Both Houses [SB3506 Detail]

Download: Illinois-2023-SB3506-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3506 Introduced 2/9/2024, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED:
415 ILCS 5/39.5 from Ch. 111 1/2, par. 1039.5
Amends the Environmental Protection Act. Deletes a provision that requires a Clean Air Act Permit Program (CAAPP) permit to contain a provision which creates an emergency-related affirmative defense if certain requirements are met.
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended by
changing Section 39.5 as follows:
(415 ILCS 5/39.5) (from Ch. 111 1/2, par. 1039.5)
Sec. 39.5. Clean Air Act Permit Program.
1. Definitions. For purposes of this Section:
"Administrative permit amendment" means a permit revision
subject to subsection 13 of this Section.
"Affected source for acid deposition" means a source that
includes one or more affected units under Title IV of the Clean
Air Act.
"Affected States" for purposes of formal distribution of a
draft CAAPP permit to other States for comments prior to
issuance, means all States:
(1) Whose air quality may be affected by the source
covered by the draft permit and that are contiguous to
Illinois; or
(2) That are within 50 miles of the source.
"Affected unit for acid deposition" shall have the meaning
given to the term "affected unit" in the regulations
promulgated under Title IV of the Clean Air Act.

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"Applicable Clean Air Act requirement" means all of the
following as they apply to emissions units in a source
(including regulations that have been promulgated or approved
by USEPA pursuant to the Clean Air Act which directly impose
requirements upon a source and other such federal requirements
which have been adopted by the Board. These may include
requirements and regulations which have future effective
compliance dates. Requirements and regulations will be exempt
if USEPA determines that such requirements need not be
contained in a Title V permit):
(1) Any standard or other requirement provided for in
the applicable state implementation plan approved or
promulgated by USEPA under Title I of the Clean Air Act
that implements the relevant requirements of the Clean Air
Act, including any revisions to the state Implementation
Plan promulgated in 40 CFR Part 52, Subparts A and O and
other subparts applicable to Illinois. For purposes of
this paragraph (1) of this definition, "any standard or
other requirement" means only such standards or
requirements directly enforceable against an individual
source under the Clean Air Act.
(2)(i) Any term or condition of any preconstruction
permits issued pursuant to regulations approved or
promulgated by USEPA under Title I of the Clean Air
Act, including Part C or D of the Clean Air Act.
(ii) Any term or condition as required pursuant to

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Section 39.5 of any federally enforceable State
operating permit issued pursuant to regulations
approved or promulgated by USEPA under Title I of the
Clean Air Act, including Part C or D of the Clean Air
Act.
(3) Any standard or other requirement under Section
111 of the Clean Air Act, including Section 111(d).
(4) Any standard or other requirement under Section
112 of the Clean Air Act, including any requirement
concerning accident prevention under Section 112(r)(7) of
the Clean Air Act.
(5) Any standard or other requirement of the acid rain
program under Title IV of the Clean Air Act or the
regulations promulgated thereunder.
(6) Any requirements established pursuant to Section
504(b) or Section 114(a)(3) of the Clean Air Act.
(7) Any standard or other requirement governing solid
waste incineration, under Section 129 of the Clean Air
Act.
(8) Any standard or other requirement for consumer and
commercial products, under Section 183(e) of the Clean Air
Act.
(9) Any standard or other requirement for tank
vessels, under Section 183(f) of the Clean Air Act.
(10) Any standard or other requirement of the program
to control air pollution from Outer Continental Shelf

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sources, under Section 328 of the Clean Air Act.
(11) Any standard or other requirement of the
regulations promulgated to protect stratospheric ozone
under Title VI of the Clean Air Act, unless USEPA has
determined that such requirements need not be contained in
a Title V permit.
(12) Any national ambient air quality standard or
increment or visibility requirement under Part C of Title
I of the Clean Air Act, but only as it would apply to
temporary sources permitted pursuant to Section 504(e) of
the Clean Air Act.
"Applicable requirement" means all applicable Clean Air
Act requirements and any other standard, limitation, or other
requirement contained in this Act or regulations promulgated
under this Act as applicable to sources of air contaminants
(including requirements that have future effective compliance
dates).
"CAAPP" means the Clean Air Act Permit Program, developed
pursuant to Title V of the Clean Air Act.
"CAAPP application" means an application for a CAAPP
permit.
"CAAPP Permit" or "permit" (unless the context suggests
otherwise) means any permit issued, renewed, amended, modified
or revised pursuant to Title V of the Clean Air Act.
"CAAPP source" means any source for which the owner or
operator is required to obtain a CAAPP permit pursuant to

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subsection 2 of this Section.
"Clean Air Act" means the Clean Air Act, as now and
hereafter amended, 42 U.S.C. 7401, et seq.
"Designated representative" has the meaning given to it in
Section 402(26) of the Clean Air Act and the regulations
promulgated thereunder, which state that the term "designated
representative" means a responsible person or official
authorized by the owner or operator of a unit to represent the
owner or operator in all matters pertaining to the holding,
transfer, or disposition of allowances allocated to a unit,
and the submission of and compliance with permits, permit
applications, and compliance plans for the unit.
"Draft CAAPP permit" means the version of a CAAPP permit
for which public notice and an opportunity for public comment
and hearing is offered by the Agency.
"Effective date of the CAAPP" means the date that USEPA
approves Illinois' CAAPP.
"Emission unit" means any part or activity of a stationary
source that emits or has the potential to emit any air
pollutant. This term is not meant to alter or affect the
definition of the term "unit" for purposes of Title IV of the
Clean Air Act.
"Federally enforceable" means enforceable by USEPA.
"Final permit action" means the Agency's granting with
conditions, refusal to grant, renewal of, or revision of a
CAAPP permit, the Agency's determination of incompleteness of

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a submitted CAAPP application, or the Agency's failure to act
on an application for a permit, permit renewal, or permit
revision within the time specified in subsection 13,
subsection 14, or paragraph (j) of subsection 5 of this
Section.
"General permit" means a permit issued to cover numerous
similar sources in accordance with subsection 11 of this
Section.
"Major source" means a source for which emissions of one
or more air pollutants meet the criteria for major status
pursuant to paragraph (c) of subsection 2 of this Section.
"Maximum achievable control technology" or "MACT" means
the maximum degree of reductions in emissions deemed
achievable under Section 112 of the Clean Air Act.
"Owner or operator" means any person who owns, leases,
operates, controls, or supervises a stationary source.
"Permit modification" means a revision to a CAAPP permit
that cannot be accomplished under the provisions for
administrative permit amendments under subsection 13 of this
Section.
"Permit revision" means a permit modification or
administrative permit amendment.
"Phase II" means the period of the national acid rain
program, established under Title IV of the Clean Air Act,
beginning January 1, 2000, and continuing thereafter.
"Phase II acid rain permit" means the portion of a CAAPP

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permit issued, renewed, modified, or revised by the Agency
during Phase II for an affected source for acid deposition.
"Potential to emit" means the maximum capacity of a
stationary source to emit any air pollutant under its physical
and operational design. Any physical or operational limitation
on the capacity of a source to emit an air pollutant, including
air pollution control equipment and restrictions on hours of
operation or on the type or amount of material combusted,
stored, or processed, shall be treated as part of its design if
the limitation is enforceable by USEPA. This definition does
not alter or affect the use of this term for any other purposes
under the Clean Air Act, or the term "capacity factor" as used
in Title IV of the Clean Air Act or the regulations promulgated
thereunder.
"Preconstruction Permit" or "Construction Permit" means a
permit which is to be obtained prior to commencing or
beginning actual construction or modification of a source or
emissions unit.
"Proposed CAAPP permit" means the version of a CAAPP
permit that the Agency proposes to issue and forwards to USEPA
for review in compliance with applicable requirements of the
Act and regulations promulgated thereunder.
"Regulated air pollutant" means the following:
(1) Nitrogen oxides (NOx) or any volatile organic
compound.
(2) Any pollutant for which a national ambient air

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quality standard has been promulgated.
(3) Any pollutant that is subject to any standard
promulgated under Section 111 of the Clean Air Act.
(4) Any Class I or II substance subject to a standard
promulgated under or established by Title VI of the Clean
Air Act.
(5) Any pollutant subject to a standard promulgated
under Section 112 or other requirements established under
Section 112 of the Clean Air Act, including Sections
112(g), (j) and (r).
(i) Any pollutant subject to requirements under
Section 112(j) of the Clean Air Act. Any pollutant
listed under Section 112(b) for which the subject
source would be major shall be considered to be
regulated 18 months after the date on which USEPA was
required to promulgate an applicable standard pursuant
to Section 112(e) of the Clean Air Act, if USEPA fails
to promulgate such standard.
(ii) Any pollutant for which the requirements of
Section 112(g)(2) of the Clean Air Act have been met,
but only with respect to the individual source subject
to Section 112(g)(2) requirement.
(6) Greenhouse gases.
"Renewal" means the process by which a permit is reissued
at the end of its term.
"Responsible official" means one of the following:

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(1) For a corporation: a president, secretary,
treasurer, or vice-president of the corporation in charge
of a principal business function, or any other person who
performs similar policy or decision-making functions for
the corporation, or a duly authorized representative of
such person if the representative is responsible for the
overall operation of one or more manufacturing,
production, or operating facilities applying for or
subject to a permit and either (i) the facilities employ
more than 250 persons or have gross annual sales or
expenditures exceeding $25 million (in second quarter 1980
dollars), or (ii) the delegation of authority to such
representative is approved in advance by the Agency.
(2) For a partnership or sole proprietorship: a
general partner or the proprietor, respectively, or in the
case of a partnership in which all of the partners are
corporations, a duly authorized representative of the
partnership if the representative is responsible for the
overall operation of one or more manufacturing,
production, or operating facilities applying for or
subject to a permit and either (i) the facilities employ
more than 250 persons or have gross annual sales or
expenditures exceeding $25 million (in second quarter 1980
dollars), or (ii) the delegation of authority to such
representative is approved in advance by the Agency.
(3) For a municipality, State, Federal, or other

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public agency: either a principal executive officer or
ranking elected official. For the purposes of this part, a
principal executive officer of a Federal agency includes
the chief executive officer having responsibility for the
overall operations of a principal geographic unit of the
agency (e.g., a Regional Administrator of USEPA).
(4) For affected sources for acid deposition:
(i) The designated representative shall be the
"responsible official" in so far as actions,
standards, requirements, or prohibitions under Title
IV of the Clean Air Act or the regulations promulgated
thereunder are concerned.
(ii) The designated representative may also be the
"responsible official" for any other purposes with
respect to air pollution control.
"Section 502(b)(10) changes" means changes that contravene
express permit terms. "Section 502(b)(10) changes" do not
include changes that would violate applicable requirements or
contravene federally enforceable permit terms or conditions
that are monitoring (including test methods), recordkeeping,
reporting, or compliance certification requirements.
"Solid waste incineration unit" means a distinct operating
unit of any facility which combusts any solid waste material
from commercial or industrial establishments or the general
public (including single and multiple residences, hotels, and
motels). The term does not include incinerators or other units

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required to have a permit under Section 3005 of the Solid Waste
Disposal Act. The term also does not include (A) materials
recovery facilities (including primary or secondary smelters)
which combust waste for the primary purpose of recovering
metals, (B) qualifying small power production facilities, as
defined in Section 3(17)(C) of the Federal Power Act (16
U.S.C. 769(17)(C)), or qualifying cogeneration facilities, as
defined in Section 3(18)(B) of the Federal Power Act (16
U.S.C. 796(18)(B)), which burn homogeneous waste (such as
units which burn tires or used oil, but not including
refuse-derived fuel) for the production of electric energy or
in the case of qualifying cogeneration facilities which burn
homogeneous waste for the production of electric energy and
steam or forms of useful energy (such as heat) which are used
for industrial, commercial, heating or cooling purposes, or
(C) air curtain incinerators provided that such incinerators
only burn wood wastes, yard waste and clean lumber and that
such air curtain incinerators comply with opacity limitations
to be established by the USEPA by rule.
"Source" means any stationary source (or any group of
stationary sources) that is located on one or more contiguous
or adjacent properties that are under common control of the
same person (or persons under common control) and that belongs
to a single major industrial grouping. For the purposes of
defining "source," a stationary source or group of stationary
sources shall be considered part of a single major industrial

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grouping if all of the pollutant emitting activities at such
source or group of sources located on contiguous or adjacent
properties and under common control belong to the same Major
Group (i.e., all have the same two-digit code) as described in
the Standard Industrial Classification Manual, 1987, or such
pollutant emitting activities at a stationary source (or group
of stationary sources) located on contiguous or adjacent
properties and under common control constitute a support
facility. The determination as to whether any group of
stationary sources is located on contiguous or adjacent
properties, and/or is under common control, and/or whether the
pollutant emitting activities at such group of stationary
sources constitute a support facility shall be made on a case
by case basis.
"Stationary source" means any building, structure,
facility, or installation that emits or may emit any regulated
air pollutant or any pollutant listed under Section 112(b) of
the Clean Air Act, except those emissions resulting directly
from an internal combustion engine for transportation purposes
or from a nonroad engine or nonroad vehicle as defined in
Section 216 of the Clean Air Act.
"Subject to regulation" has the meaning given to it in 40
CFR 70.2, as now or hereafter amended.
"Support facility" means any stationary source (or group
of stationary sources) that conveys, stores, or otherwise
assists to a significant extent in the production of a

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principal product at another stationary source (or group of
stationary sources). A support facility shall be considered to
be part of the same source as the stationary source (or group
of stationary sources) that it supports regardless of the
2-digit Standard Industrial Classification code for the
support facility.
"USEPA" means the Administrator of the United States
Environmental Protection Agency (USEPA) or a person designated
by the Administrator.
1.1. Exclusion From the CAAPP.
a. An owner or operator of a source which determines
that the source could be excluded from the CAAPP may seek
such exclusion prior to the date that the CAAPP
application for the source is due but in no case later than
9 months after the effective date of the CAAPP through the
imposition of federally enforceable conditions limiting
the "potential to emit" of the source to a level below the
major source threshold for that source as described in
paragraph (c) of subsection 2 of this Section, within a
State operating permit issued pursuant to subsection (a)
of Section 39 of this Act. After such date, an exclusion
from the CAAPP may be sought under paragraph (c) of
subsection 3 of this Section.
b. An owner or operator of a source seeking exclusion
from the CAAPP pursuant to paragraph (a) of this

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subsection must submit a permit application consistent
with the existing State permit program which specifically
requests such exclusion through the imposition of such
federally enforceable conditions.
c. Upon such request, if the Agency determines that
the owner or operator of a source has met the requirements
for exclusion pursuant to paragraph (a) of this subsection
and other applicable requirements for permit issuance
under subsection (a) of Section 39 of this Act, the Agency
shall issue a State operating permit for such source under
subsection (a) of Section 39 of this Act, as amended, and
regulations promulgated thereunder with federally
enforceable conditions limiting the "potential to emit" of
the source to a level below the major source threshold for
that source as described in paragraph (c) of subsection 2
of this Section.
d. The Agency shall provide an owner or operator of a
source which may be excluded from the CAAPP pursuant to
this subsection with reasonable notice that the owner or
operator may seek such exclusion.
e. The Agency shall provide such sources with the
necessary permit application forms.
2. Applicability.
a. Sources subject to this Section shall include:
i. Any major source as defined in paragraph (c) of

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this subsection.
ii. Any source subject to a standard or other
requirements promulgated under Section 111 (New Source
Performance Standards) or Section 112 (Hazardous Air
Pollutants) of the Clean Air Act, except that a source
is not required to obtain a permit solely because it is
subject to regulations or requirements under Section
112(r) of the Clean Air Act.
iii. Any affected source for acid deposition, as
defined in subsection 1 of this Section.
iv. Any other source subject to this Section under
the Clean Air Act or regulations promulgated
thereunder, or applicable Board regulations.
b. Sources exempted from this Section shall include:
i. All sources listed in paragraph (a) of this
subsection that are not major sources, affected
sources for acid deposition or solid waste
incineration units required to obtain a permit
pursuant to Section 129(e) of the Clean Air Act, until
the source is required to obtain a CAAPP permit
pursuant to the Clean Air Act or regulations
promulgated thereunder.
ii. Nonmajor sources subject to a standard or
other requirements subsequently promulgated by USEPA
under Section 111 or 112 of the Clean Air Act that are
determined by USEPA to be exempt at the time a new

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standard is promulgated.
iii. All sources and source categories that would
be required to obtain a permit solely because they are
subject to Part 60, Subpart AAA - Standards of
Performance for New Residential Wood Heaters (40 CFR
Part 60).
iv. All sources and source categories that would
be required to obtain a permit solely because they are
subject to Part 61, Subpart M - National Emission
Standard for Hazardous Air Pollutants for Asbestos,
Section 61.145 (40 CFR Part 61).
v. Any other source categories exempted by USEPA
regulations pursuant to Section 502(a) of the Clean
Air Act.
vi. Major sources of greenhouse gas emissions
required to obtain a CAAPP permit under this Section
if any of the following occurs:
(A) enactment of federal legislation depriving
the Administrator of the USEPA of authority to
regulate greenhouse gases under the Clean Air Act;
(B) the issuance of any opinion, ruling,
judgment, order, or decree by a federal court
depriving the Administrator of the USEPA of
authority to regulate greenhouse gases under the
Clean Air Act; or
(C) action by the President of the United

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States or the President's authorized agent,
including the Administrator of the USEPA, to
repeal or withdraw the Greenhouse Gas Tailoring
Rule (75 Fed. Reg. 31514, June 3, 2010).
If any event listed in this subparagraph (vi)
occurs, CAAPP permits issued after such event shall
not impose permit terms or conditions addressing
greenhouse gases during the effectiveness of any event
listed in subparagraph (vi). If any event listed in
this subparagraph (vi) occurs, any owner or operator
with a CAAPP permit that includes terms or conditions
addressing greenhouse gases may elect to submit an
application to the Agency to address a revision or
repeal of such terms or conditions. If any owner or
operator submits such an application, the Agency shall
expeditiously process the permit application in
accordance with applicable laws and regulations.
Nothing in this subparagraph (vi) shall relieve an
owner or operator of a source from the requirement to
obtain a CAAPP permit for its emissions of regulated
air pollutants other than greenhouse gases, as
required by this Section.
c. For purposes of this Section the term "major
source" means any source that is:
i. A major source under Section 112 of the Clean
Air Act, which is defined as:

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A. For pollutants other than radionuclides,
any stationary source or group of stationary
sources located within a contiguous area and under
common control that emits or has the potential to
emit, in the aggregate, 10 tons per year (tpy) or
more of any hazardous air pollutant which has been
listed pursuant to Section 112(b) of the Clean Air
Act, 25 tpy or more of any combination of such
hazardous air pollutants, or such lesser quantity
as USEPA may establish by rule. Notwithstanding
the preceding sentence, emissions from any oil or
gas exploration or production well (with its
associated equipment) and emissions from any
pipeline compressor or pump station shall not be
aggregated with emissions from other similar
units, whether or not such units are in a
contiguous area or under common control, to
determine whether such stations are major sources.
B. For radionuclides, "major source" shall
have the meaning specified by the USEPA by rule.
ii. A major stationary source of air pollutants,
as defined in Section 302 of the Clean Air Act, that
directly emits or has the potential to emit, 100 tpy or
more of any air pollutant subject to regulation
(including any major source of fugitive emissions of
any such pollutant, as determined by rule by USEPA).

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For purposes of this subsection, "fugitive emissions"
means those emissions which could not reasonably pass
through a stack, chimney, vent, or other
functionally-equivalent opening. The fugitive
emissions of a stationary source shall not be
considered in determining whether it is a major
stationary source for the purposes of Section 302(j)
of the Clean Air Act, unless the source belongs to one
of the following categories of stationary source:
A. Coal cleaning plants (with thermal dryers).
B. Kraft pulp mills.
C. Portland cement plants.
D. Primary zinc smelters.
E. Iron and steel mills.
F. Primary aluminum ore reduction plants.
G. Primary copper smelters.
H. Municipal incinerators capable of charging
more than 250 tons of refuse per day.
I. Hydrofluoric, sulfuric, or nitric acid
plants.
J. Petroleum refineries.
K. Lime plants.
L. Phosphate rock processing plants.
M. Coke oven batteries.
N. Sulfur recovery plants.
O. Carbon black plants (furnace process).

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P. Primary lead smelters.
Q. Fuel conversion plants.
R. Sintering plants.
S. Secondary metal production plants.
T. Chemical process plants.
U. Fossil-fuel boilers (or combination
thereof) totaling more than 250 million British
thermal units per hour heat input.
V. Petroleum storage and transfer units with a
total storage capacity exceeding 300,000 barrels.
W. Taconite ore processing plants.
X. Glass fiber processing plants.
Y. Charcoal production plants.
Z. Fossil fuel-fired steam electric plants of
more than 250 million British thermal units per
hour heat input.
AA. All other stationary source categories,
which as of August 7, 1980 are being regulated by a
standard promulgated under Section 111 or 112 of
the Clean Air Act.
BB. Any other stationary source category
designated by USEPA by rule.
iii. A major stationary source as defined in part
D of Title I of the Clean Air Act including:
A. For ozone nonattainment areas, sources with
the potential to emit 100 tons or more per year of

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volatile organic compounds or oxides of nitrogen
in areas classified as "marginal" or "moderate",
50 tons or more per year in areas classified as
"serious", 25 tons or more per year in areas
classified as "severe", and 10 tons or more per
year in areas classified as "extreme"; except that
the references in this clause to 100, 50, 25, and
10 tons per year of nitrogen oxides shall not
apply with respect to any source for which USEPA
has made a finding, under Section 182(f)(1) or (2)
of the Clean Air Act, that requirements otherwise
applicable to such source under Section 182(f) of
the Clean Air Act do not apply. Such sources shall
remain subject to the major source criteria of
subparagraph (ii) of paragraph (c) of this
subsection.
B. For ozone transport regions established
pursuant to Section 184 of the Clean Air Act,
sources with the potential to emit 50 tons or more
per year of volatile organic compounds (VOCs).
C. For carbon monoxide nonattainment areas (1)
that are classified as "serious", and (2) in which
stationary sources contribute significantly to
carbon monoxide levels as determined under rules
issued by USEPA, sources with the potential to
emit 50 tons or more per year of carbon monoxide.

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D. For particulate matter (PM-10)
nonattainment areas classified as "serious",
sources with the potential to emit 70 tons or more
per year of PM-10.
3. Agency Authority To Issue CAAPP Permits and Federally
Enforceable State Operating Permits.
a. The Agency shall issue CAAPP permits under this
Section consistent with the Clean Air Act and regulations
promulgated thereunder and this Act and regulations
promulgated thereunder.
b. The Agency shall issue CAAPP permits for fixed
terms of 5 years, except CAAPP permits issued for solid
waste incineration units combusting municipal waste which
shall be issued for fixed terms of 12 years and except
CAAPP permits for affected sources for acid deposition
which shall be issued for initial terms to expire on
December 31, 1999, and for fixed terms of 5 years
thereafter.
c. The Agency shall have the authority to issue a
State operating permit for a source under subsection (a)
of Section 39 of this Act, as amended, and regulations
promulgated thereunder, which includes federally
enforceable conditions limiting the "potential to emit" of
the source to a level below the major source threshold for
that source as described in paragraph (c) of subsection 2

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of this Section, thereby excluding the source from the
CAAPP, when requested by the applicant pursuant to
paragraph (u) of subsection 5 of this Section. The public
notice requirements of this Section applicable to CAAPP
permits shall also apply to the initial issuance of
permits under this paragraph.
d. For purposes of this Act, a permit issued by USEPA
under Section 505 of the Clean Air Act, as now and
hereafter amended, shall be deemed to be a permit issued
by the Agency pursuant to Section 39.5 of this Act.
4. Transition.
a. An owner or operator of a CAAPP source shall not be
required to renew an existing State operating permit for
any emission unit at such CAAPP source once a CAAPP
application timely submitted prior to expiration of the
State operating permit has been deemed complete. For
purposes other than permit renewal, the obligation upon
the owner or operator of a CAAPP source to obtain a State
operating permit is not removed upon submittal of the
complete CAAPP permit application. An owner or operator of
a CAAPP source seeking to make a modification to a source
prior to the issuance of its CAAPP permit shall be
required to obtain a construction permit, operating
permit, or both as required for such modification in
accordance with the State permit program under subsection

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(a) of Section 39 of this Act, as amended, and regulations
promulgated thereunder. The application for such
construction permit, operating permit, or both shall be
considered an amendment to the CAAPP application submitted
for such source.
b. An owner or operator of a CAAPP source shall
continue to operate in accordance with the terms and
conditions of its applicable State operating permit
notwithstanding the expiration of the State operating
permit until the source's CAAPP permit has been issued.
c. An owner or operator of a CAAPP source shall submit
its initial CAAPP application to the Agency no later than
12 months after the effective date of the CAAPP. The
Agency may request submittal of initial CAAPP applications
during this 12-month period according to a schedule set
forth within Agency procedures, however, in no event shall
the Agency require such submittal earlier than 3 months
after such effective date of the CAAPP. An owner or
operator may voluntarily submit its initial CAAPP
application prior to the date required within this
paragraph or applicable procedures, if any, subsequent to
the date the Agency submits the CAAPP to USEPA for
approval.
d. The Agency shall act on initial CAAPP applications
in accordance with paragraph (j) of subsection 5 of this
Section.

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e. For purposes of this Section, the term "initial
CAAPP application" shall mean the first CAAPP application
submitted for a source existing as of the effective date
of the CAAPP.
f. The Agency shall provide owners or operators of
CAAPP sources with at least 3 months advance notice of the
date on which their applications are required to be
submitted. In determining which sources shall be subject
to early submittal, the Agency shall include among its
considerations the complexity of the permit application,
and the burden that such early submittal will have on the
source.
g. The CAAPP permit shall upon becoming effective
supersede the State operating permit.
h. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
5. Applications and Completeness.
a. An owner or operator of a CAAPP source shall submit
its complete CAAPP application consistent with the Act and
applicable regulations.
b. An owner or operator of a CAAPP source shall submit
a single complete CAAPP application covering all emission
units at that source.

SB3506 - 26 - LRB103 37497 JAG 67620 b
c. To be deemed complete, a CAAPP application must
provide all information, as requested in Agency
application forms, sufficient to evaluate the subject
source and its application and to determine all applicable
requirements, pursuant to the Clean Air Act, and
regulations thereunder, this Act and regulations
thereunder. Such Agency application forms shall be
finalized and made available prior to the date on which
any CAAPP application is required.
d. An owner or operator of a CAAPP source shall
submit, as part of its complete CAAPP application, a
compliance plan, including a schedule of compliance,
describing how each emission unit will comply with all
applicable requirements. Any such schedule of compliance
shall be supplemental to, and shall not sanction
noncompliance with, the applicable requirements on which
it is based.
e. Each submitted CAAPP application shall be certified
for truth, accuracy, and completeness by a responsible
official in accordance with applicable regulations.
f. The Agency shall provide notice to a CAAPP
applicant as to whether a submitted CAAPP application is
complete. Unless the Agency notifies the applicant of
incompleteness, within 60 days after receipt of the CAAPP
application, the application shall be deemed complete. The
Agency may request additional information as needed to

SB3506 - 27 - LRB103 37497 JAG 67620 b
make the completeness determination. The Agency may to the
extent practicable provide the applicant with a reasonable
opportunity to correct deficiencies prior to a final
determination of completeness.
g. If after the determination of completeness the
Agency finds that additional information is necessary to
evaluate or take final action on the CAAPP application,
the Agency may request in writing such information from
the source with a reasonable deadline for response.
h. If the owner or operator of a CAAPP source submits a
timely and complete CAAPP application, the source's
failure to have a CAAPP permit shall not be a violation of
this Section until the Agency takes final action on the
submitted CAAPP application, provided, however, where the
applicant fails to submit the requested information under
paragraph (g) of this subsection 5 within the time frame
specified by the Agency, this protection shall cease to
apply.
i. Any applicant who fails to submit any relevant
facts necessary to evaluate the subject source and its
CAAPP application or who has submitted incorrect
information in a CAAPP application shall, upon becoming
aware of such failure or incorrect submittal, submit
supplementary facts or correct information to the Agency.
In addition, an applicant shall provide to the Agency
additional information as necessary to address any

SB3506 - 28 - LRB103 37497 JAG 67620 b
requirements which become applicable to the source
subsequent to the date the applicant submitted its
complete CAAPP application but prior to release of the
draft CAAPP permit.
j. The Agency shall issue or deny the CAAPP permit
within 18 months after the date of receipt of the complete
CAAPP application, with the following exceptions: (i)
permits for affected sources for acid deposition shall be
issued or denied within 6 months after receipt of a
complete application in accordance with subsection 17 of
this Section; (ii) the Agency shall act on initial CAAPP
applications within 24 months after the date of receipt of
the complete CAAPP application; (iii) the Agency shall act
on complete applications containing early reduction
demonstrations under Section 112(i)(5) of the Clean Air
Act within 9 months of receipt of the complete CAAPP
application.
Where the Agency does not take final action on the
permit within the required time period, the permit shall
not be deemed issued; rather, the failure to act shall be
treated as a final permit action for purposes of judicial
review pursuant to Sections 40.2 and 41 of this Act.
k. The submittal of a complete CAAPP application shall
not affect the requirement that any source have a
preconstruction permit under Title I of the Clean Air Act.
l. Unless a timely and complete renewal application

SB3506 - 29 - LRB103 37497 JAG 67620 b
has been submitted consistent with this subsection, a
CAAPP source operating upon the expiration of its CAAPP
permit shall be deemed to be operating without a CAAPP
permit. Such operation is prohibited under this Act.
m. Permits being renewed shall be subject to the same
procedural requirements, including those for public
participation and federal review and objection, that apply
to original permit issuance.
n. For purposes of permit renewal, a timely
application is one that is submitted no less than 9 months
prior to the date of permit expiration.
o. The terms and conditions of a CAAPP permit shall
remain in effect until the issuance of a CAAPP renewal
permit provided a timely and complete CAAPP application
has been submitted.
p. The owner or operator of a CAAPP source seeking a
permit shield pursuant to paragraph (j) of subsection 7 of
this Section shall request such permit shield in the CAAPP
application regarding that source.
q. The Agency shall make available to the public all
documents submitted by the applicant to the Agency,
including each CAAPP application, compliance plan
(including the schedule of compliance), and emissions or
compliance monitoring report, with the exception of
information entitled to confidential treatment pursuant to
Section 7 of this Act.

SB3506 - 30 - LRB103 37497 JAG 67620 b
r. The Agency shall use the standardized forms
required under Title IV of the Clean Air Act and
regulations promulgated thereunder for affected sources
for acid deposition.
s. An owner or operator of a CAAPP source may include
within its CAAPP application a request for permission to
operate during a startup, malfunction, or breakdown
consistent with applicable Board regulations.
t. An owner or operator of a CAAPP source, in order to
utilize the operational flexibility provided under
paragraph (l) of subsection 7 of this Section, must
request such use and provide the necessary information
within its CAAPP application.
u. An owner or operator of a CAAPP source which seeks
exclusion from the CAAPP through the imposition of
federally enforceable conditions, pursuant to paragraph
(c) of subsection 3 of this Section, must request such
exclusion within a CAAPP application submitted consistent
with this subsection on or after the date that the CAAPP
application for the source is due. Prior to such date, but
in no case later than 9 months after the effective date of
the CAAPP, such owner or operator may request the
imposition of federally enforceable conditions pursuant to
paragraph (b) of subsection 1.1 of this Section.
v. CAAPP applications shall contain accurate
information on allowable emissions to implement the fee

SB3506 - 31 - LRB103 37497 JAG 67620 b
provisions of subsection 18 of this Section.
w. An owner or operator of a CAAPP source shall submit
within its CAAPP application emissions information
regarding all regulated air pollutants emitted at that
source consistent with applicable Agency procedures.
Emissions information regarding insignificant activities
or emission levels, as determined by the Agency pursuant
to Board regulations, may be submitted as a list within
the CAAPP application. The Agency shall propose
regulations to the Board defining insignificant activities
or emission levels, consistent with federal regulations,
if any, no later than 18 months after the effective date of
this amendatory Act of 1992, consistent with Section
112(n)(1) of the Clean Air Act. The Board shall adopt
final regulations defining insignificant activities or
emission levels no later than 9 months after the date of
the Agency's proposal.
x. The owner or operator of a new CAAPP source shall
submit its complete CAAPP application consistent with this
subsection within 12 months after commencing operation of
such source. The owner or operator of an existing source
that has been excluded from the provisions of this Section
under subsection 1.1 or paragraph (c) of subsection 3 of
this Section and that becomes subject to the CAAPP solely
due to a change in operation at the source shall submit its
complete CAAPP application consistent with this subsection

SB3506 - 32 - LRB103 37497 JAG 67620 b
at least 180 days before commencing operation in
accordance with the change in operation.
y. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary to implement this subsection.
6. Prohibitions.
a. It shall be unlawful for any person to violate any
terms or conditions of a permit issued under this Section,
to operate any CAAPP source except in compliance with a
permit issued by the Agency under this Section or to
violate any other applicable requirements. All terms and
conditions of a permit issued under this Section are
enforceable by USEPA and citizens under the Clean Air Act,
except those, if any, that are specifically designated as
not being federally enforceable in the permit pursuant to
paragraph (m) of subsection 7 of this Section.
b. After the applicable CAAPP permit or renewal
application submittal date, as specified in subsection 5
of this Section, no person shall operate a CAAPP source
without a CAAPP permit unless the complete CAAPP permit or
renewal application for such source has been timely
submitted to the Agency.
c. No owner or operator of a CAAPP source shall cause
or threaten or allow the continued operation of an

SB3506 - 33 - LRB103 37497 JAG 67620 b
emission source during malfunction or breakdown of the
emission source or related air pollution control equipment
if such operation would cause a violation of the standards
or limitations applicable to the source, unless the CAAPP
permit granted to the source provides for such operation
consistent with this Act and applicable Board regulations.
7. Permit Content.
a. All CAAPP permits shall contain emission
limitations and standards and other enforceable terms and
conditions, including but not limited to operational
requirements, and schedules for achieving compliance at
the earliest reasonable date, which are or will be
required to accomplish the purposes and provisions of this
Act and to assure compliance with all applicable
requirements.
b. The Agency shall include among such conditions
applicable monitoring, reporting, record keeping and
compliance certification requirements, as authorized by
paragraphs (d), (e), and (f) of this subsection, that the
Agency deems necessary to assure compliance with the Clean
Air Act, the regulations promulgated thereunder, this Act,
and applicable Board regulations. When monitoring,
reporting, record keeping, and compliance certification
requirements are specified within the Clean Air Act,
regulations promulgated thereunder, this Act, or

SB3506 - 34 - LRB103 37497 JAG 67620 b
applicable regulations, such requirements shall be
included within the CAAPP permit. The Board shall have
authority to promulgate additional regulations where
necessary to accomplish the purposes of the Clean Air Act,
this Act, and regulations promulgated thereunder.
c. The Agency shall assure, within such conditions,
the use of terms, test methods, units, averaging periods,
and other statistical conventions consistent with the
applicable emission limitations, standards, and other
requirements contained in the permit.
d. To meet the requirements of this subsection with
respect to monitoring, the permit shall:
i. Incorporate and identify all applicable
emissions monitoring and analysis procedures or test
methods required under the Clean Air Act, regulations
promulgated thereunder, this Act, and applicable Board
regulations, including any procedures and methods
promulgated by USEPA pursuant to Section 504(b) or
Section 114 (a)(3) of the Clean Air Act.
ii. Where the applicable requirement does not
require periodic testing or instrumental or
noninstrumental monitoring (which may consist of
recordkeeping designed to serve as monitoring),
require periodic monitoring sufficient to yield
reliable data from the relevant time period that is
representative of the source's compliance with the

SB3506 - 35 - LRB103 37497 JAG 67620 b
permit, as reported pursuant to paragraph (f) of this
subsection. The Agency may determine that
recordkeeping requirements are sufficient to meet the
requirements of this subparagraph.
iii. As necessary, specify requirements concerning
the use, maintenance, and when appropriate,
installation of monitoring equipment or methods.
e. To meet the requirements of this subsection with
respect to record keeping, the permit shall incorporate
and identify all applicable recordkeeping requirements and
require, where applicable, the following:
i. Records of required monitoring information that
include the following:
A. The date, place and time of sampling or
measurements.
B. The date(s) analyses were performed.
C. The company or entity that performed the
analyses.
D. The analytical techniques or methods used.
E. The results of such analyses.
F. The operating conditions as existing at the
time of sampling or measurement.
ii. Retention of records of all monitoring data
and support information for a period of at least 5
years from the date of the monitoring sample,
measurement, report, or application. Support

SB3506 - 36 - LRB103 37497 JAG 67620 b
information includes all calibration and maintenance
records, original strip-chart recordings for
continuous monitoring instrumentation, and copies of
all reports required by the permit.
f. To meet the requirements of this subsection with
respect to reporting, the permit shall incorporate and
identify all applicable reporting requirements and require
the following:
i. Submittal of reports of any required monitoring
every 6 months. More frequent submittals may be
requested by the Agency if such submittals are
necessary to assure compliance with this Act or
regulations promulgated by the Board thereunder. All
instances of deviations from permit requirements must
be clearly identified in such reports. All required
reports must be certified by a responsible official
consistent with subsection 5 of this Section.
ii. Prompt reporting of deviations from permit
requirements, including those attributable to upset
conditions as defined in the permit, the probable
cause of such deviations, and any corrective actions
or preventive measures taken.
g. Each CAAPP permit issued under subsection 10 of
this Section shall include a condition prohibiting
emissions exceeding any allowances that the source
lawfully holds under Title IV of the Clean Air Act or the

SB3506 - 37 - LRB103 37497 JAG 67620 b
regulations promulgated thereunder, consistent with
subsection 17 of this Section and applicable regulations,
if any.
h. All CAAPP permits shall state that, where another
applicable requirement of the Clean Air Act is more
stringent than any applicable requirement of regulations
promulgated under Title IV of the Clean Air Act, both
provisions shall be incorporated into the permit and shall
be State and federally enforceable.
i. Each CAAPP permit issued under subsection 10 of
this Section shall include a severability clause to ensure
the continued validity of the various permit requirements
in the event of a challenge to any portions of the permit.
j. The following shall apply with respect to owners or
operators requesting a permit shield:
i. The Agency shall include in a CAAPP permit,
when requested by an applicant pursuant to paragraph
(p) of subsection 5 of this Section, a provision
stating that compliance with the conditions of the
permit shall be deemed compliance with applicable
requirements which are applicable as of the date of
release of the proposed permit, provided that:
A. The applicable requirement is specifically
identified within the permit; or
B. The Agency in acting on the CAAPP
application or revision determines in writing that

SB3506 - 38 - LRB103 37497 JAG 67620 b
other requirements specifically identified are not
applicable to the source, and the permit includes
that determination or a concise summary thereof.
ii. The permit shall identify the requirements for
which the source is shielded. The shield shall not
extend to applicable requirements which are
promulgated after the date of release of the proposed
permit unless the permit has been modified to reflect
such new requirements.
iii. A CAAPP permit which does not expressly
indicate the existence of a permit shield shall not
provide such a shield.
iv. Nothing in this paragraph or in a CAAPP permit
shall alter or affect the following:
A. The provisions of Section 303 (emergency
powers) of the Clean Air Act, including USEPA's
authority under that section.
B. The liability of an owner or operator of a
source for any violation of applicable
requirements prior to or at the time of permit
issuance.
C. The applicable requirements of the acid
rain program consistent with Section 408(a) of the
Clean Air Act.
D. The ability of USEPA to obtain information
from a source pursuant to Section 114

SB3506 - 39 - LRB103 37497 JAG 67620 b
(inspections, monitoring, and entry) of the Clean
Air Act.
k. (Blank). Each CAAPP permit shall include an
emergency provision providing an affirmative defense of
emergency to an action brought for noncompliance with
technology-based emission limitations under a CAAPP permit
if the following conditions are met through properly
signed, contemporaneous operating logs, or other relevant
evidence:
i. An emergency occurred and the permittee can
identify the cause(s) of the emergency.
ii. The permitted facility was at the time being
properly operated.
iii. The permittee submitted notice of the
emergency to the Agency within 2 working days after
the time when emission limitations were exceeded due
to the emergency. This notice must contain a detailed
description of the emergency, any steps taken to
mitigate emissions, and corrective actions taken.
iv. During the period of the emergency the
permittee took all reasonable steps to minimize levels
of emissions that exceeded the emission limitations,
standards, or requirements in the permit.
For purposes of this subsection, "emergency" means any
situation arising from sudden and reasonably unforeseeable
events beyond the control of the source, such as an act of

SB3506 - 40 - LRB103 37497 JAG 67620 b
God, that requires immediate corrective action to restore
normal operation, and that causes the source to exceed a
technology-based emission limitation under the permit, due
to unavoidable increases in emissions attributable to the
emergency. An emergency shall not include noncompliance to
the extent caused by improperly designed equipment, lack
of preventative maintenance, careless or improper
operation, or operation error.
In any enforcement proceeding, the permittee seeking
to establish the occurrence of an emergency has the burden
of proof. This provision is in addition to any emergency
or upset provision contained in any applicable
requirement. This provision does not relieve a permittee
of any reporting obligations under existing federal or
state laws or regulations.
l. The Agency shall include in each permit issued
under subsection 10 of this Section:
i. Terms and conditions for reasonably anticipated
operating scenarios identified by the source in its
application. The permit terms and conditions for each
such operating scenario shall meet all applicable
requirements and the requirements of this Section.
A. Under this subparagraph, the source must
record in a log at the permitted facility a record
of the scenario under which it is operating
contemporaneously with making a change from one

SB3506 - 41 - LRB103 37497 JAG 67620 b
operating scenario to another.
B. The permit shield described in paragraph
(j) of subsection 7 of this Section shall extend
to all terms and conditions under each such
operating scenario.
ii. Where requested by an applicant, all terms and
conditions allowing for trading of emissions increases
and decreases between different emission units at the
CAAPP source, to the extent that the applicable
requirements provide for trading of such emissions
increases and decreases without a case-by-case
approval of each emissions trade. Such terms and
conditions:
A. Shall include all terms required under this
subsection to determine compliance;
B. Must meet all applicable requirements;
C. Shall extend the permit shield described in
paragraph (j) of subsection 7 of this Section to
all terms and conditions that allow such increases
and decreases in emissions.
m. The Agency shall specifically designate as not
being federally enforceable under the Clean Air Act any
terms and conditions included in the permit that are not
specifically required under the Clean Air Act or federal
regulations promulgated thereunder. Terms or conditions so
designated shall be subject to all applicable State

SB3506 - 42 - LRB103 37497 JAG 67620 b
requirements, except the requirements of subsection 7
(other than this paragraph, paragraph q of subsection 7,
subsections 8 through 11, and subsections 13 through 16 of
this Section. The Agency shall, however, include such
terms and conditions in the CAAPP permit issued to the
source.
n. Each CAAPP permit issued under subsection 10 of
this Section shall specify and reference the origin of and
authority for each term or condition, and identify any
difference in form as compared to the applicable
requirement upon which the term or condition is based.
o. Each CAAPP permit issued under subsection 10 of
this Section shall include provisions stating the
following:
i. Duty to comply. The permittee must comply with
all terms and conditions of the CAAPP permit. Any
permit noncompliance constitutes a violation of the
Clean Air Act and the Act, and is grounds for any or
all of the following: enforcement action; permit
termination, revocation and reissuance, or
modification; or denial of a permit renewal
application.
ii. Need to halt or reduce activity not a defense.
It shall not be a defense for a permittee in an
enforcement action that it would have been necessary
to halt or reduce the permitted activity in order to

SB3506 - 43 - LRB103 37497 JAG 67620 b
maintain compliance with the conditions of this
permit.
iii. Permit actions. The permit may be modified,
revoked, reopened, and reissued, or terminated for
cause in accordance with the applicable subsections of
Section 39.5 of this Act. The filing of a request by
the permittee for a permit modification, revocation
and reissuance, or termination, or of a notification
of planned changes or anticipated noncompliance does
not stay any permit condition.
iv. Property rights. The permit does not convey
any property rights of any sort, or any exclusive
privilege.
v. Duty to provide information. The permittee
shall furnish to the Agency within a reasonable time
specified by the Agency any information that the
Agency may request in writing to determine whether
cause exists for modifying, revoking and reissuing, or
terminating the permit or to determine compliance with
the permit. Upon request, the permittee shall also
furnish to the Agency copies of records required to be
kept by the permit or, for information claimed to be
confidential, the permittee may furnish such records
directly to USEPA along with a claim of
confidentiality.
vi. Duty to pay fees. The permittee must pay fees

SB3506 - 44 - LRB103 37497 JAG 67620 b
to the Agency consistent with the fee schedule
approved pursuant to subsection 18 of this Section,
and submit any information relevant thereto.
vii. Emissions trading. No permit revision shall
be required for increases in emissions allowed under
any approved economic incentives, marketable permits,
emissions trading, and other similar programs or
processes for changes that are provided for in the
permit and that are authorized by the applicable
requirement.
p. Each CAAPP permit issued under subsection 10 of
this Section shall contain the following elements with
respect to compliance:
i. Compliance certification, testing, monitoring,
reporting, and record keeping requirements sufficient
to assure compliance with the terms and conditions of
the permit. Any document (including reports) required
by a CAAPP permit shall contain a certification by a
responsible official that meets the requirements of
subsection 5 of this Section and applicable
regulations.
ii. Inspection and entry requirements that
necessitate that, upon presentation of credentials and
other documents as may be required by law and in
accordance with constitutional limitations, the
permittee shall allow the Agency, or an authorized

SB3506 - 45 - LRB103 37497 JAG 67620 b
representative to perform the following:
A. Enter upon the permittee's premises where a
CAAPP source is located or emissions-related
activity is conducted, or where records must be
kept under the conditions of the permit.
B. Have access to and copy, at reasonable
times, any records that must be kept under the
conditions of the permit.
C. Inspect at reasonable times any facilities,
equipment (including monitoring and air pollution
control equipment), practices, or operations
regulated or required under the permit.
D. Sample or monitor any substances or
parameters at any location:
1. As authorized by the Clean Air Act, at
reasonable times, for the purposes of assuring
compliance with the CAAPP permit or applicable
requirements; or
2. As otherwise authorized by this Act.
iii. A schedule of compliance consistent with
subsection 5 of this Section and applicable
regulations.
iv. Progress reports consistent with an applicable
schedule of compliance pursuant to paragraph (d) of
subsection 5 of this Section and applicable
regulations to be submitted semiannually, or more

SB3506 - 46 - LRB103 37497 JAG 67620 b
frequently if the Agency determines that such more
frequent submittals are necessary for compliance with
the Act or regulations promulgated by the Board
thereunder. Such progress reports shall contain the
following:
A. Required dates for achieving the
activities, milestones, or compliance required by
the schedule of compliance and dates when such
activities, milestones or compliance were
achieved.
B. An explanation of why any dates in the
schedule of compliance were not or will not be
met, and any preventive or corrective measures
adopted.
v. Requirements for compliance certification with
terms and conditions contained in the permit,
including emission limitations, standards, or work
practices. Permits shall include each of the
following:
A. The frequency (annually or more frequently
as specified in any applicable requirement or by
the Agency pursuant to written procedures) of
submissions of compliance certifications.
B. A means for assessing or monitoring the
compliance of the source with its emissions
limitations, standards, and work practices.

SB3506 - 47 - LRB103 37497 JAG 67620 b
C. A requirement that the compliance
certification include the following:
1. The identification of each term or
condition contained in the permit that is the
basis of the certification.
2. The compliance status.
3. Whether compliance was continuous or
intermittent.
4. The method(s) used for determining the
compliance status of the source, both
currently and over the reporting period
consistent with subsection 7 of this Section.
D. A requirement that all compliance
certifications be submitted to the Agency.
E. Additional requirements as may be specified
pursuant to Sections 114(a)(3) and 504(b) of the
Clean Air Act.
F. Other provisions as the Agency may require.
q. If the owner or operator of CAAPP source can
demonstrate in its CAAPP application, including an
application for a significant modification, that an
alternative emission limit would be equivalent to that
contained in the applicable Board regulations, the Agency
shall include the alternative emission limit in the CAAPP
permit, which shall supersede the emission limit set forth
in the applicable Board regulations, and shall include

SB3506 - 48 - LRB103 37497 JAG 67620 b
conditions that insure that the resulting emission limit
is quantifiable, accountable, enforceable, and based on
replicable procedures.
8. Public Notice; Affected State Review.
a. The Agency shall provide notice to the public,
including an opportunity for public comment and a hearing,
on each draft CAAPP permit for issuance, renewal or
significant modification, subject to Section 7.1 and
subsection (a) of Section 7 of this Act.
b. The Agency shall prepare a draft CAAPP permit and a
statement that sets forth the legal and factual basis for
the draft CAAPP permit conditions, including references to
the applicable statutory or regulatory provisions. The
Agency shall provide this statement to any person who
requests it.
c. The Agency shall give notice of each draft CAAPP
permit to the applicant and to any affected State on or
before the time that the Agency has provided notice to the
public, except as otherwise provided in this Act.
d. The Agency, as part of its submittal of a proposed
permit to USEPA (or as soon as possible after the
submittal for minor permit modification procedures allowed
under subsection 14 of this Section), shall notify USEPA
and any affected State in writing of any refusal of the
Agency to accept all of the recommendations for the

SB3506 - 49 - LRB103 37497 JAG 67620 b
proposed permit that an affected State submitted during
the public or affected State review period. The notice
shall include the Agency's reasons for not accepting the
recommendations. The Agency is not required to accept
recommendations that are not based on applicable
requirements or the requirements of this Section.
e. The Agency shall make available to the public any
CAAPP permit application, compliance plan (including the
schedule of compliance), CAAPP permit, and emissions or
compliance monitoring report. If an owner or operator of a
CAAPP source is required to submit information entitled to
protection from disclosure under Section 7.1 and
subsection (a) of Section 7 of this Act, the owner or
operator shall submit such information separately. The
requirements of Section 7.1 and subsection (a) of Section
7 of this Act shall apply to such information, which shall
not be included in a CAAPP permit unless required by law.
The contents of a CAAPP permit shall not be entitled to
protection under Section 7.1 and subsection (a) of Section
7 of this Act.
f. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
g. If requested by the permit applicant, the Agency
shall provide the permit applicant with a copy of the

SB3506 - 50 - LRB103 37497 JAG 67620 b
draft CAAPP permit prior to any public review period. If
requested by the permit applicant, the Agency shall
provide the permit applicant with a copy of the final
CAAPP permit prior to issuance of the CAAPP permit.
9. USEPA Notice and Objection.
a. The Agency shall provide to USEPA for its review a
copy of each CAAPP application (including any application
for permit modification), statement of basis as provided
in paragraph (b) of subsection 8 of this Section, proposed
CAAPP permit, CAAPP permit, and, if the Agency does not
incorporate any affected State's recommendations on a
proposed CAAPP permit, a written statement of this
decision and its reasons for not accepting the
recommendations, except as otherwise provided in this Act
or by agreement with USEPA. To the extent practicable, the
preceding information shall be provided in computer
readable format compatible with USEPA's national database
management system.
b. The Agency shall not issue the proposed CAAPP
permit if USEPA objects in writing within 45 days after
receipt of the proposed CAAPP permit and all necessary
supporting information.
c. If USEPA objects in writing to the issuance of the
proposed CAAPP permit within the 45-day period, the Agency
shall respond in writing and may revise and resubmit the

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proposed CAAPP permit in response to the stated objection,
to the extent supported by the record, within 90 days
after the date of the objection. Prior to submitting a
revised permit to USEPA, the Agency shall provide the
applicant and any person who participated in the public
comment process, pursuant to subsection 8 of this Section,
with a 10-day period to comment on any revision which the
Agency is proposing to make to the permit in response to
USEPA's objection in accordance with Agency procedures.
d. Any USEPA objection under this subsection,
according to the Clean Air Act, will include a statement
of reasons for the objection and a description of the
terms and conditions that must be in the permit, in order
to adequately respond to the objections. Grounds for a
USEPA objection include the failure of the Agency to: (1)
submit the items and notices required under this
subsection; (2) submit any other information necessary to
adequately review the proposed CAAPP permit; or (3)
process the permit under subsection 8 of this Section
except for minor permit modifications.
e. If USEPA does not object in writing to issuance of a
permit under this subsection, any person may petition
USEPA within 60 days after expiration of the 45-day review
period to make such objection.
f. If the permit has not yet been issued and USEPA
objects to the permit as a result of a petition, the Agency

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shall not issue the permit until USEPA's objection has
been resolved. The Agency shall provide a 10-day comment
period in accordance with paragraph c of this subsection.
A petition does not, however, stay the effectiveness of a
permit or its requirements if the permit was issued after
expiration of the 45-day review period and prior to a
USEPA objection.
g. If the Agency has issued a permit after expiration
of the 45-day review period and prior to receipt of a USEPA
objection under this subsection in response to a petition
submitted pursuant to paragraph e of this subsection, the
Agency may, upon receipt of an objection from USEPA,
revise and resubmit the permit to USEPA pursuant to this
subsection after providing a 10-day comment period in
accordance with paragraph c of this subsection. If the
Agency fails to submit a revised permit in response to the
objection, USEPA shall modify, terminate or revoke the
permit. In any case, the source will not be in violation of
the requirement to have submitted a timely and complete
application.
h. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
10. Final Agency Action.

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a. The Agency shall issue a CAAPP permit, permit
modification, or permit renewal if all of the following
conditions are met:
i. The applicant has submitted a complete and
certified application for a permit, permit
modification, or permit renewal consistent with
subsections 5 and 14 of this Section, as applicable,
and applicable regulations.
ii. The applicant has submitted with its complete
application an approvable compliance plan, including a
schedule for achieving compliance, consistent with
subsection 5 of this Section and applicable
regulations.
iii. The applicant has timely paid the fees
required pursuant to subsection 18 of this Section and
applicable regulations.
iv. The Agency has received a complete CAAPP
application and, if necessary, has requested and
received additional information from the applicant
consistent with subsection 5 of this Section and
applicable regulations.
v. The Agency has complied with all applicable
provisions regarding public notice and affected State
review consistent with subsection 8 of this Section
and applicable regulations.
vi. The Agency has provided a copy of each CAAPP

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application, or summary thereof, pursuant to agreement
with USEPA and proposed CAAPP permit required under
subsection 9 of this Section to USEPA, and USEPA has
not objected to the issuance of the permit in
accordance with the Clean Air Act and 40 CFR Part 70.
b. The Agency shall have the authority to deny a CAAPP
permit, permit modification, or permit renewal if the
applicant has not complied with the requirements of
subparagraphs (i) through (iv) of paragraph (a) of this
subsection or if USEPA objects to its issuance.
c. i. Prior to denial of a CAAPP permit, permit
modification, or permit renewal under this Section,
the Agency shall notify the applicant of the possible
denial and the reasons for the denial.
ii. Within such notice, the Agency shall specify
an appropriate date by which the applicant shall
adequately respond to the Agency's notice. Such date
shall not exceed 15 days from the date the
notification is received by the applicant. The Agency
may grant a reasonable extension for good cause shown.
iii. Failure by the applicant to adequately
respond by the date specified in the notification or
by any granted extension date shall be grounds for
denial of the permit.
For purposes of obtaining judicial review under
Sections 40.2 and 41 of this Act, the Agency shall

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provide to USEPA and each applicant, and, upon
request, to affected States, any person who
participated in the public comment process, and any
other person who could obtain judicial review under
Sections 40.2 and 41 of this Act, a copy of each CAAPP
permit or notification of denial pertaining to that
party.
d. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
11. General Permits.
a. The Agency may issue a general permit covering
numerous similar sources, except for affected sources for
acid deposition unless otherwise provided in regulations
promulgated under Title IV of the Clean Air Act.
b. The Agency shall identify, in any general permit,
criteria by which sources may qualify for the general
permit.
c. CAAPP sources that would qualify for a general
permit must apply for coverage under the terms of the
general permit or must apply for a CAAPP permit consistent
with subsection 5 of this Section and applicable
regulations.
d. The Agency shall comply with the public comment and

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hearing provisions of this Section as well as the USEPA
and affected State review procedures prior to issuance of
a general permit.
e. When granting a subsequent request by a qualifying
CAAPP source for coverage under the terms of a general
permit, the Agency shall not be required to repeat the
public notice and comment procedures. The granting of such
request shall not be considered a final permit action for
purposes of judicial review.
f. The Agency may not issue a general permit to cover
any discrete emission unit at a CAAPP source if another
CAAPP permit covers emission units at the source.
g. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
12. Operational Flexibility.
a. An owner or operator of a CAAPP source may make
changes at the CAAPP source without requiring a prior
permit revision, consistent with subparagraphs (i) through
(iii) of paragraph (a) of this subsection, so long as the
changes are not modifications under any provision of Title
I of the Clean Air Act and they do not exceed the emissions
allowable under the permit (whether expressed therein as a
rate of emissions or in terms of total emissions),

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provided that the owner or operator of the CAAPP source
provides USEPA and the Agency with written notification as
required below in advance of the proposed changes, which
shall be a minimum of 7 days, unless otherwise provided by
the Agency in applicable regulations regarding
emergencies. The owner or operator of a CAAPP source and
the Agency shall each attach such notice to their copy of
the relevant permit.
i. An owner or operator of a CAAPP source may make
Section 502 (b) (10) changes without a permit
revision, if the changes are not modifications under
any provision of Title I of the Clean Air Act and the
changes do not exceed the emissions allowable under
the permit (whether expressed therein as a rate of
emissions or in terms of total emissions).
A. For each such change, the written
notification required above shall include a brief
description of the change within the source, the
date on which the change will occur, any change in
emissions, and any permit term or condition that
is no longer applicable as a result of the change.
B. The permit shield described in paragraph
(j) of subsection 7 of this Section shall not
apply to any change made pursuant to this
subparagraph.
ii. An owner or operator of a CAAPP source may

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trade increases and decreases in emissions in the
CAAPP source, where the applicable implementation plan
provides for such emission trades without requiring a
permit revision. This provision is available in those
cases where the permit does not already provide for
such emissions trading.
A. Under this subparagraph (ii) of paragraph
(a) of this subsection, the written notification
required above shall include such information as
may be required by the provision in the applicable
implementation plan authorizing the emissions
trade, including at a minimum, when the proposed
changes will occur, a description of each such
change, any change in emissions, the permit
requirements with which the source will comply
using the emissions trading provisions of the
applicable implementation plan, and the pollutants
emitted subject to the emissions trade. The notice
shall also refer to the provisions in the
applicable implementation plan with which the
source will comply and provide for the emissions
trade.
B. The permit shield described in paragraph
(j) of subsection 7 of this Section shall not
apply to any change made pursuant to subparagraph
(ii) of paragraph (a) of this subsection.

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Compliance with the permit requirements that the
source will meet using the emissions trade shall
be determined according to the requirements of the
applicable implementation plan authorizing the
emissions trade.
iii. If requested within a CAAPP application, the
Agency shall issue a CAAPP permit which contains terms
and conditions, including all terms required under
subsection 7 of this Section to determine compliance,
allowing for the trading of emissions increases and
decreases at the CAAPP source solely for the purpose
of complying with a federally-enforceable emissions
cap that is established in the permit independent of
otherwise applicable requirements. The owner or
operator of a CAAPP source shall include in its CAAPP
application proposed replicable procedures and permit
terms that ensure the emissions trades are
quantifiable and enforceable. The permit shall also
require compliance with all applicable requirements.
A. Under this subparagraph (iii) of paragraph
(a), the written notification required above shall
state when the change will occur and shall
describe the changes in emissions that will result
and how these increases and decreases in emissions
will comply with the terms and conditions of the
permit.

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B. The permit shield described in paragraph
(j) of subsection 7 of this Section shall extend
to terms and conditions that allow such increases
and decreases in emissions.
b. An owner or operator of a CAAPP source may make
changes that are not addressed or prohibited by the
permit, other than those which are subject to any
requirements under Title IV of the Clean Air Act or are
modifications under any provisions of Title I of the Clean
Air Act, without a permit revision, in accordance with the
following requirements:
(i) Each such change shall meet all applicable
requirements and shall not violate any existing permit
term or condition;
(ii) Sources must provide contemporaneous written
notice to the Agency and USEPA of each such change,
except for changes that qualify as insignificant under
provisions adopted by the Agency or the Board. Such
written notice shall describe each such change,
including the date, any change in emissions,
pollutants emitted, and any applicable requirement
that would apply as a result of the change;
(iii) The change shall not qualify for the shield
described in paragraph (j) of subsection 7 of this
Section; and
(iv) The permittee shall keep a record describing

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changes made at the source that result in emissions of
a regulated air pollutant subject to an applicable
Clean Air Act requirement, but not otherwise regulated
under the permit, and the emissions resulting from
those changes.
c. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary to implement this subsection.
13. Administrative Permit Amendments.
a. The Agency shall take final action on a request for
an administrative permit amendment within 60 days after
receipt of the request. Neither notice nor an opportunity
for public and affected State comment shall be required
for the Agency to incorporate such revisions, provided it
designates the permit revisions as having been made
pursuant to this subsection.
b. The Agency shall submit a copy of the revised
permit to USEPA.
c. For purposes of this Section the term
"administrative permit amendment" shall be defined as a
permit revision that can accomplish one or more of the
changes described below:
i. Corrects typographical errors;
ii. Identifies a change in the name, address, or

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phone number of any person identified in the permit,
or provides a similar minor administrative change at
the source;
iii. Requires more frequent monitoring or
reporting by the permittee;
iv. Allows for a change in ownership or
operational control of a source where the Agency
determines that no other change in the permit is
necessary, provided that a written agreement
containing a specific date for transfer of permit
responsibility, coverage, and liability between the
current and new permittees has been submitted to the
Agency;
v. Incorporates into the CAAPP permit the
requirements from preconstruction review permits
authorized under a USEPA-approved program, provided
the program meets procedural and compliance
requirements substantially equivalent to those
contained in this Section;
vi. (Blank); or
vii. Any other type of change which USEPA has
determined as part of the approved CAAPP permit
program to be similar to those included in this
subsection.
d. The Agency shall, upon taking final action granting
a request for an administrative permit amendment, allow

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coverage by the permit shield in paragraph (j) of
subsection 7 of this Section for administrative permit
amendments made pursuant to subparagraph (v) of paragraph
(c) of this subsection which meet the relevant
requirements for significant permit modifications.
e. Permit revisions and modifications, including
administrative amendments and automatic amendments
(pursuant to Sections 408(b) and 403(d) of the Clean Air
Act or regulations promulgated thereunder), for purposes
of the acid rain portion of the permit shall be governed by
the regulations promulgated under Title IV of the Clean
Air Act. Owners or operators of affected sources for acid
deposition shall have the flexibility to amend their
compliance plans as provided in the regulations
promulgated under Title IV of the Clean Air Act.
f. The CAAPP source may implement the changes
addressed in the request for an administrative permit
amendment immediately upon submittal of the request.
g. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
14. Permit Modifications.
a. Minor permit modification procedures.
i. The Agency shall review a permit modification

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using the "minor permit" modification procedures only
for those permit modifications that:
A. Do not violate any applicable requirement;
B. Do not involve significant changes to
existing monitoring, reporting, or recordkeeping
requirements in the permit;
C. Do not require a case-by-case determination
of an emission limitation or other standard, or a
source-specific determination of ambient impacts,
or a visibility or increment analysis;
D. Do not seek to establish or change a permit
term or condition for which there is no
corresponding underlying requirement and which
avoids an applicable requirement to which the
source would otherwise be subject. Such terms and
conditions include:
1. A federally enforceable emissions cap
assumed to avoid classification as a
modification under any provision of Title I of
the Clean Air Act; and
2. An alternative emissions limit approved
pursuant to regulations promulgated under
Section 112(i)(5) of the Clean Air Act;
E. Are not modifications under any provision
of Title I of the Clean Air Act; and
F. Are not required to be processed as a

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significant modification.
ii. Notwithstanding subparagraph (i) of paragraph
(a) and subparagraph (ii) of paragraph (b) of this
subsection, minor permit modification procedures may
be used for permit modifications involving the use of
economic incentives, marketable permits, emissions
trading, and other similar approaches, to the extent
that such minor permit modification procedures are
explicitly provided for in an applicable
implementation plan or in applicable requirements
promulgated by USEPA.
iii. An applicant requesting the use of minor
permit modification procedures shall meet the
requirements of subsection 5 of this Section and shall
include the following in its application:
A. A description of the change, the emissions
resulting from the change, and any new applicable
requirements that will apply if the change occurs;
B. The source's suggested draft permit;
C. Certification by a responsible official,
consistent with paragraph (e) of subsection 5 of
this Section and applicable regulations, that the
proposed modification meets the criteria for use
of minor permit modification procedures and a
request that such procedures be used; and
D. Completed forms for the Agency to use to

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notify USEPA and affected States as required under
subsections 8 and 9 of this Section.
iv. Within 5 working days after receipt of a
complete permit modification application, the Agency
shall notify USEPA and affected States of the
requested permit modification in accordance with
subsections 8 and 9 of this Section. The Agency
promptly shall send any notice required under
paragraph (d) of subsection 8 of this Section to
USEPA.
v. The Agency may not issue a final permit
modification until after the 45-day review period for
USEPA or until USEPA has notified the Agency that
USEPA will not object to the issuance of the permit
modification, whichever comes first, although the
Agency can approve the permit modification prior to
that time. Within 90 days after the Agency's receipt
of an application under the minor permit modification
procedures or 15 days after the end of USEPA's 45-day
review period under subsection 9 of this Section,
whichever is later, the Agency shall:
A. Issue the permit modification as proposed;
B. Deny the permit modification application;
C. Determine that the requested modification
does not meet the minor permit modification
criteria and should be reviewed under the

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significant modification procedures; or
D. Revise the draft permit modification and
transmit to USEPA the new proposed permit
modification as required by subsection 9 of this
Section.
vi. Any CAAPP source may make the change proposed
in its minor permit modification application
immediately after it files such application. After the
CAAPP source makes the change allowed by the preceding
sentence, and until the Agency takes any of the
actions specified in items (A) through (C) of
subparagraph (v) of paragraph (a) of this subsection,
the source must comply with both the applicable
requirements governing the change and the proposed
permit terms and conditions. During this time period,
the source need not comply with the existing permit
terms and conditions it seeks to modify. If the source
fails to comply with its proposed permit terms and
conditions during this time period, the existing
permit terms and conditions which it seeks to modify
may be enforced against it.
vii. The permit shield under paragraph (j) of
subsection 7 of this Section may not extend to minor
permit modifications.
viii. If a construction permit is required,
pursuant to subsection (a) of Section 39 of this Act

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and regulations thereunder, for a change for which the
minor permit modification procedures are applicable,
the source may request that the processing of the
construction permit application be consolidated with
the processing of the application for the minor permit
modification. In such cases, the provisions of this
Section, including those within subsections 5, 8, and
9, shall apply and the Agency shall act on such
applications pursuant to subparagraph (v) of paragraph
(a) of subsection 14 of this Section. The source may
make the proposed change immediately after filing its
application for the minor permit modification. Nothing
in this subparagraph shall otherwise affect the
requirements and procedures applicable to construction
permits.
b. Group Processing of Minor Permit Modifications.
i. Where requested by an applicant within its
application, the Agency shall process groups of a
source's applications for certain modifications
eligible for minor permit modification processing in
accordance with the provisions of this paragraph (b).
ii. Permit modifications may be processed in
accordance with the procedures for group processing,
for those modifications:
A. Which meet the criteria for minor permit
modification procedures under subparagraph (i) of

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paragraph (a) of subsection 14 of this Section;
and
B. That collectively are below 10 percent of
the emissions allowed by the permit for the
emissions unit for which change is requested, 20
percent of the applicable definition of major
source set forth in subsection 2 of this Section,
or 5 tons per year, whichever is least.
iii. An applicant requesting the use of group
processing procedures shall meet the requirements of
subsection 5 of this Section and shall include the
following in its application:
A. A description of the change, the emissions
resulting from the change, and any new applicable
requirements that will apply if the change occurs.
B. The source's suggested draft permit.
C. Certification by a responsible official
consistent with paragraph (e) of subsection 5 of
this Section, that the proposed modification meets
the criteria for use of group processing
procedures and a request that such procedures be
used.
D. A list of the source's other pending
applications awaiting group processing, and a
determination of whether the requested
modification, aggregated with these other

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applications, equals or exceeds the threshold set
under item (B) of subparagraph (ii) of paragraph
(b) of this subsection.
E. Certification, consistent with paragraph
(e) of subsection 5 of this Section, that the
source has notified USEPA of the proposed
modification. Such notification need only contain
a brief description of the requested modification.
F. Completed forms for the Agency to use to
notify USEPA and affected states as required under
subsections 8 and 9 of this Section.
iv. On a quarterly basis or within 5 business days
after receipt of an application demonstrating that the
aggregate of a source's pending applications equals or
exceeds the threshold level set forth within item (B)
of subparagraph (ii) of paragraph (b) of this
subsection, whichever is earlier, the Agency shall
promptly notify USEPA and affected States of the
requested permit modifications in accordance with
subsections 8 and 9 of this Section. The Agency shall
send any notice required under paragraph (d) of
subsection 8 of this Section to USEPA.
v. The provisions of subparagraph (v) of paragraph
(a) of this subsection shall apply to modifications
eligible for group processing, except that the Agency
shall take one of the actions specified in items (A)

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through (D) of subparagraph (v) of paragraph (a) of
this subsection within 180 days after receipt of the
application or 15 days after the end of USEPA's 45-day
review period under subsection 9 of this Section,
whichever is later.
vi. The provisions of subparagraph (vi) of
paragraph (a) of this subsection shall apply to
modifications for group processing.
vii. The provisions of paragraph (j) of subsection
7 of this Section shall not apply to modifications
eligible for group processing.
c. Significant Permit Modifications.
i. Significant modification procedures shall be
used for applications requesting significant permit
modifications and for those applications that do not
qualify as either minor permit modifications or as
administrative permit amendments.
ii. Every significant change in existing
monitoring permit terms or conditions and every
relaxation of reporting or recordkeeping requirements
shall be considered significant. A modification shall
also be considered significant if in the judgment of
the Agency action on an application for modification
would require decisions to be made on technically
complex issues. Nothing herein shall be construed to
preclude the permittee from making changes consistent

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with this Section that would render existing permit
compliance terms and conditions irrelevant.
iii. Significant permit modifications must meet
all the requirements of this Section, including those
for applications (including completeness review),
public participation, review by affected States, and
review by USEPA applicable to initial permit issuance
and permit renewal. The Agency shall take final action
on significant permit modifications within 9 months
after receipt of a complete application.
d. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
15. Reopenings for Cause by the Agency.
a. Each issued CAAPP permit shall include provisions
specifying the conditions under which the permit will be
reopened prior to the expiration of the permit. Such
revisions shall be made as expeditiously as practicable. A
CAAPP permit shall be reopened and revised under any of
the following circumstances, in accordance with procedures
adopted by the Agency:
i. Additional requirements under the Clean Air Act
become applicable to a major CAAPP source for which 3
or more years remain on the original term of the

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permit. Such a reopening shall be completed not later
than 18 months after the promulgation of the
applicable requirement. No such revision is required
if the effective date of the requirement is later than
the date on which the permit is due to expire.
ii. Additional requirements (including excess
emissions requirements) become applicable to an
affected source for acid deposition under the acid
rain program. Excess emissions offset plans shall be
deemed to be incorporated into the permit upon
approval by USEPA.
iii. The Agency or USEPA determines that the
permit contains a material mistake or that inaccurate
statements were made in establishing the emissions
standards, limitations, or other terms or conditions
of the permit.
iv. The Agency or USEPA determines that the permit
must be revised or revoked to assure compliance with
the applicable requirements.
b. In the event that the Agency determines that there
are grounds for revoking a CAAPP permit, for cause,
consistent with paragraph a of this subsection, it shall
file a petition before the Board setting forth the basis
for such revocation. In any such proceeding, the Agency
shall have the burden of establishing that the permit
should be revoked under the standards set forth in this

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Act and the Clean Air Act. Any such proceeding shall be
conducted pursuant to the Board's procedures for
adjudicatory hearings and the Board shall render its
decision within 120 days of the filing of the petition.
The Agency shall take final action to revoke and reissue a
CAAPP permit consistent with the Board's order.
c. Proceedings regarding a reopened CAAPP permit shall
follow the same procedures as apply to initial permit
issuance and shall affect only those parts of the permit
for which cause to reopen exists.
d. Reopenings under paragraph (a) of this subsection
shall not be initiated before a notice of such intent is
provided to the CAAPP source by the Agency at least 30 days
in advance of the date that the permit is to be reopened,
except that the Agency may provide a shorter time period
in the case of an emergency.
e. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
16. Reopenings for Cause by USEPA.
a. When USEPA finds that cause exists to terminate,
modify, or revoke and reissue a CAAPP permit pursuant to
subsection 15 of this Section, and thereafter notifies the
Agency and the permittee of such finding in writing, the

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Agency shall forward to USEPA and the permittee a proposed
determination of termination, modification, or revocation
and reissuance as appropriate, in accordance with
paragraph (b) of this subsection. The Agency's proposed
determination shall be in accordance with the record, the
Clean Air Act, regulations promulgated thereunder, this
Act and regulations promulgated thereunder. Such proposed
determination shall not affect the permit or constitute a
final permit action for purposes of this Act or the
Administrative Review Law. The Agency shall forward to
USEPA such proposed determination within 90 days after
receipt of the notification from USEPA. If additional time
is necessary to submit the proposed determination, the
Agency shall request a 90-day extension from USEPA and
shall submit the proposed determination within 180 days
after receipt of notification from USEPA.
b. i. Prior to the Agency's submittal to USEPA of a
proposed determination to terminate or revoke and
reissue the permit, the Agency shall file a petition
before the Board setting forth USEPA's objection, the
permit record, the Agency's proposed determination,
and the justification for its proposed determination.
The Board shall conduct a hearing pursuant to the
rules prescribed by Section 32 of this Act, and the
burden of proof shall be on the Agency.
ii. After due consideration of the written and

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oral statements, the testimony and arguments that
shall be submitted at hearing, the Board shall issue
and enter an interim order for the proposed
determination, which shall set forth all changes, if
any, required in the Agency's proposed determination.
The interim order shall comply with the requirements
for final orders as set forth in Section 33 of this
Act. Issuance of an interim order by the Board under
this paragraph, however, shall not affect the permit
status and does not constitute a final action for
purposes of this Act or the Administrative Review Law.
iii. The Board shall cause a copy of its interim
order to be served upon all parties to the proceeding
as well as upon USEPA. The Agency shall submit the
proposed determination to USEPA in accordance with the
Board's Interim Order within 180 days after receipt of
the notification from USEPA.
c. USEPA shall review the proposed determination to
terminate, modify, or revoke and reissue the permit within
90 days after receipt.
i. When USEPA reviews the proposed determination
to terminate or revoke and reissue and does not
object, the Board shall, within 7 days after receipt
of USEPA's final approval, enter the interim order as
a final order. The final order may be appealed as
provided by Title XI of this Act. The Agency shall take

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final action in accordance with the Board's final
order.
ii. When USEPA reviews such proposed determination
to terminate or revoke and reissue and objects, the
Agency shall submit USEPA's objection and the Agency's
comments and recommendation on the objection to the
Board and permittee. The Board shall review its
interim order in response to USEPA's objection and the
Agency's comments and recommendation and issue a final
order in accordance with Sections 32 and 33 of this
Act. The Agency shall, within 90 days after receipt of
such objection, respond to USEPA's objection in
accordance with the Board's final order.
iii. When USEPA reviews such proposed
determination to modify and objects, the Agency shall,
within 90 days after receipt of the objection, resolve
the objection and modify the permit in accordance with
USEPA's objection, based upon the record, the Clean
Air Act, regulations promulgated thereunder, this Act,
and regulations promulgated thereunder.
d. If the Agency fails to submit the proposed
determination pursuant to paragraph a of this subsection
or fails to resolve any USEPA objection pursuant to
paragraph c of this subsection, USEPA will terminate,
modify, or revoke and reissue the permit.
e. The Agency shall have the authority to adopt

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procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
17. Title IV; Acid Rain Provisions.
a. The Agency shall act on initial CAAPP applications
for affected sources for acid deposition in accordance
with this Section and Title V of the Clean Air Act and
regulations promulgated thereunder, except as modified by
Title IV of the Clean Air Act and regulations promulgated
thereunder. The Agency shall issue initial CAAPP permits
to the affected sources for acid deposition which shall
become effective no earlier than January 1, 1995, and
which shall terminate on December 31, 1999, in accordance
with this Section. Subsequent CAAPP permits issued to
affected sources for acid deposition shall be issued for a
fixed term of 5 years. Title IV of the Clean Air Act and
regulations promulgated thereunder, including but not
limited to 40 C.F.R. Part 72, as now or hereafter amended,
are applicable to and enforceable under this Act.
b. A designated representative of an affected source
for acid deposition shall submit a timely and complete
Phase II acid rain permit application and compliance plan
to the Agency, not later than January 1, 1996, that meets
the requirements of Titles IV and V of the Clean Air Act
and regulations. The Agency shall act on the Phase II acid

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rain permit application and compliance plan in accordance
with this Section and Title V of the Clean Air Act and
regulations promulgated thereunder, except as modified by
Title IV of the Clean Air Act and regulations promulgated
thereunder. The Agency shall issue the Phase II acid rain
permit to an affected source for acid deposition no later
than December 31, 1997, which shall become effective on
January 1, 2000, in accordance with this Section, except
as modified by Title IV and regulations promulgated
thereunder; provided that the designated representative of
the source submitted a timely and complete Phase II permit
application and compliance plan to the Agency that meets
the requirements of Title IV and V of the Clean Air Act and
regulations.
c. Each Phase II acid rain permit issued in accordance
with this subsection shall have a fixed term of 5 years.
Except as provided in paragraph b above, the Agency shall
issue or deny a Phase II acid rain permit within 18 months
of receiving a complete Phase II permit application and
compliance plan.
d. A designated representative of a new unit, as
defined in Section 402 of the Clean Air Act, shall submit a
timely and complete Phase II acid rain permit application
and compliance plan that meets the requirements of Titles
IV and V of the Clean Air Act and its regulations. The
Agency shall act on the new unit's Phase II acid rain

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permit application and compliance plan in accordance with
this Section and Title V of the Clean Air Act and its
regulations, except as modified by Title IV of the Clean
Air Act and its regulations. The Agency shall reopen the
new unit's CAAPP permit for cause to incorporate the
approved Phase II acid rain permit in accordance with this
Section. The Phase II acid rain permit for the new unit
shall become effective no later than the date required
under Title IV of the Clean Air Act and its regulations.
e. A designated representative of an affected source
for acid deposition shall submit a timely and complete
Title IV NOx permit application to the Agency, not later
than January 1, 1998, that meets the requirements of
Titles IV and V of the Clean Air Act and its regulations.
The Agency shall reopen the Phase II acid rain permit for
cause and incorporate the approved NOx provisions into the
Phase II acid rain permit not later than January 1, 1999,
in accordance with this Section, except as modified by
Title IV of the Clean Air Act and regulations promulgated
thereunder. Such reopening shall not affect the term of
the Phase II acid rain permit.
f. The designated representative of the affected
source for acid deposition shall renew the initial CAAPP
permit and Phase II acid rain permit in accordance with
this Section and Title V of the Clean Air Act and
regulations promulgated thereunder, except as modified by

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Title IV of the Clean Air Act and regulations promulgated
thereunder.
g. In the case of an affected source for acid
deposition for which a complete Phase II acid rain permit
application and compliance plan are timely received under
this subsection, the complete permit application and
compliance plan, including amendments thereto, shall be
binding on the owner, operator and designated
representative, all affected units for acid deposition at
the affected source, and any other unit, as defined in
Section 402 of the Clean Air Act, governed by the Phase II
acid rain permit application and shall be enforceable as
an acid rain permit for purposes of Titles IV and V of the
Clean Air Act, from the date of submission of the acid rain
permit application until a Phase II acid rain permit is
issued or denied by the Agency.
h. The Agency shall not include or implement any
measure which would interfere with or modify the
requirements of Title IV of the Clean Air Act or
regulations promulgated thereunder.
i. Nothing in this Section shall be construed as
affecting allowances or USEPA's decision regarding an
excess emissions offset plan, as set forth in Title IV of
the Clean Air Act or regulations promulgated thereunder.
i. No permit revision shall be required for
increases in emissions that are authorized by

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allowances acquired pursuant to the acid rain program,
provided that such increases do not require a permit
revision under any other applicable requirement.
ii. No limit shall be placed on the number of
allowances held by the source. The source may not,
however, use allowances as a defense to noncompliance
with any other applicable requirement.
iii. Any such allowance shall be accounted for
according to the procedures established in regulations
promulgated under Title IV of the Clean Air Act.
j. To the extent that the federal regulations
promulgated under Title IV, including but not limited to
40 C.F.R. Part 72, as now or hereafter amended, are
inconsistent with the federal regulations promulgated
under Title V, the federal regulations promulgated under
Title IV shall take precedence.
k. The USEPA may intervene as a matter of right in any
permit appeal involving a Phase II acid rain permit
provision or denial of a Phase II acid rain permit.
l. It is unlawful for any owner or operator to violate
any terms or conditions of a Phase II acid rain permit
issued under this subsection, to operate any affected
source for acid deposition except in compliance with a
Phase II acid rain permit issued by the Agency under this
subsection, or to violate any other applicable
requirements.

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m. The designated representative of an affected source
for acid deposition shall submit to the Agency the data
and information submitted quarterly to USEPA, pursuant to
40 CFR 75.64, concurrently with the submission to USEPA.
The submission shall be in the same electronic format as
specified by USEPA.
n. The Agency shall act on any petition for exemption
of a new unit or retired unit, as those terms are defined
in Section 402 of the Clean Air Act, from the requirements
of the acid rain program in accordance with Title IV of the
Clean Air Act and its regulations.
o. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary to implement this subsection.
18. Fee Provisions.
a. A source subject to this Section or excluded under
subsection 1.1 or paragraph (c) of subsection 3 of this
Section, shall pay a fee as provided in this paragraph (a)
of subsection 18. However, a source that has been excluded
from the provisions of this Section under subsection 1.1
or under paragraph (c) of subsection 3 of this Section
because the source emits less than 25 tons per year of any
combination of regulated air pollutants, except greenhouse
gases, shall pay fees in accordance with paragraph (1) of

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subsection (b) of Section 9.6.
i. The fee for a source allowed to emit less than
100 tons per year of any combination of regulated air
pollutants, except greenhouse gases, shall be $1,800
per year, and that fee shall increase, beginning
January 1, 2012, to $2,150 per year.
ii. The fee for a source allowed to emit 100 tons
or more per year of any combination of regulated air
pollutants, except greenhouse gases and those
regulated air pollutants excluded in paragraph (f) of
this subsection 18, shall be as follows:
A. The Agency shall assess a fee of $18 per
ton, per year for the allowable emissions of
regulated air pollutants subject to this
subparagraph (ii) of paragraph (a) of subsection
18, and that fee shall increase, beginning January
1, 2012, to $21.50 per ton, per year. These fees
shall be used by the Agency and the Board to fund
the activities required by Title V of the Clean
Air Act including such activities as may be
carried out by other State or local agencies
pursuant to paragraph (d) of this subsection. The
amount of such fee shall be based on the
information supplied by the applicant in its
complete CAAPP permit application or in the CAAPP
permit if the permit has been granted and shall be

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determined by the amount of emissions that the
source is allowed to emit annually, provided
however, that the maximum fee for a CAAPP permit
under this subparagraph (ii) of paragraph (a) of
subsection 18 is $250,000, and increases,
beginning January 1, 2012, to $294,000. Beginning
January 1, 2012, the maximum fee under this
subparagraph (ii) of paragraph (a) of subsection
18 for a source that has been excluded under
subsection 1.1 of this Section or under paragraph
(c) of subsection 3 of this Section is $4,112. The
Agency shall provide as part of the permit
application form required under subsection 5 of
this Section a separate fee calculation form which
will allow the applicant to identify the allowable
emissions and calculate the fee. In no event shall
the Agency raise the amount of allowable emissions
requested by the applicant unless such increases
are required to demonstrate compliance with terms
of a CAAPP permit.
Notwithstanding the above, any applicant may
seek a change in its permit which would result in
increases in allowable emissions due to an
increase in the hours of operation or production
rates of an emission unit or units and such a
change shall be consistent with the construction

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permit requirements of the existing State permit
program, under subsection (a) of Section 39 of
this Act and applicable provisions of this
Section. Where a construction permit is required,
the Agency shall expeditiously grant such
construction permit and shall, if necessary,
modify the CAAPP permit based on the same
application.
B. The applicant or permittee may pay the fee
annually or semiannually for those fees greater
than $5,000. However, any applicant paying a fee
equal to or greater than $100,000 shall pay the
full amount on July 1, for the subsequent fiscal
year, or pay 50% of the fee on July 1 and the
remaining 50% by the next January 1. The Agency
may change any annual billing date upon reasonable
notice, but shall prorate the new bill so that the
permittee or applicant does not pay more than its
required fees for the fee period for which payment
is made.
b. (Blank).
c. (Blank).
d. There is hereby created in the State Treasury a
special fund to be known as the Clean Air Act Permit Fund
(formerly known as the CAA Permit Fund). All Funds
collected by the Agency pursuant to this subsection shall

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be deposited into the Fund. The General Assembly shall
appropriate monies from this Fund to the Agency and to the
Board to carry out their obligations under this Section.
The General Assembly may also authorize monies to be
granted by the Agency from this Fund to other State and
local agencies which perform duties related to the CAAPP.
Interest generated on the monies deposited in this Fund
shall be returned to the Fund.
e. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary to implement this subsection.
f. For purposes of this subsection, the term
"regulated air pollutant" shall have the meaning given to
it under subsection 1 of this Section but shall exclude
the following:
i. carbon monoxide;
ii. any Class I or II substance which is a
regulated air pollutant solely because it is listed
pursuant to Section 602 of the Clean Air Act; and
iii. any pollutant that is a regulated air
pollutant solely because it is subject to a standard
or regulation under Section 112(r) of the Clean Air
Act based on the emissions allowed in the permit
effective in that calendar year, at the time the
applicable bill is generated.

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19. Air Toxics Provisions.
a. In the event that the USEPA fails to promulgate in a
timely manner a standard pursuant to Section 112(d) of the
Clean Air Act, the Agency shall have the authority to
issue permits, pursuant to Section 112(j) of the Clean Air
Act and regulations promulgated thereunder, which contain
emission limitations which are equivalent to the emission
limitations that would apply to a source if an emission
standard had been promulgated in a timely manner by USEPA
pursuant to Section 112(d). Provided, however, that the
owner or operator of a source shall have the opportunity
to submit to the Agency a proposed emission limitation
which it determines to be equivalent to the emission
limitations that would apply to such source if an emission
standard had been promulgated in a timely manner by USEPA.
If the Agency refuses to include the emission limitation
proposed by the owner or operator in a CAAPP permit, the
owner or operator may petition the Board to establish
whether the emission limitation proposal submitted by the
owner or operator provides for emission limitations which
are equivalent to the emission limitations that would
apply to the source if the emission standard had been
promulgated by USEPA in a timely manner. The Board shall
determine whether the emission limitation proposed by the
owner or operator or an alternative emission limitation

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proposed by the Agency provides for the level of control
required under Section 112 of the Clean Air Act, or shall
otherwise establish an appropriate emission limitation,
pursuant to Section 112 of the Clean Air Act.
b. Any Board proceeding brought under paragraph (a) or
(e) of this subsection shall be conducted according to the
Board's procedures for adjudicatory hearings and the Board
shall render its decision within 120 days of the filing of
the petition. Any such decision shall be subject to review
pursuant to Section 41 of this Act. Where USEPA
promulgates an applicable emission standard prior to the
issuance of the CAAPP permit, the Agency shall include in
the permit the promulgated standard, provided that the
source shall have the compliance period provided under
Section 112(i) of the Clean Air Act. Where USEPA
promulgates an applicable standard subsequent to the
issuance of the CAAPP permit, the Agency shall revise such
permit upon the next renewal to reflect the promulgated
standard, providing a reasonable time for the applicable
source to comply with the standard, but no longer than 8
years after the date on which the source is first required
to comply with the emissions limitation established under
this subsection.
c. The Agency shall have the authority to implement
and enforce complete or partial emission standards
promulgated by USEPA pursuant to Section 112(d), and

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standards promulgated by USEPA pursuant to Sections
112(f), 112(h), 112(m), and 112(n), and may accept
delegation of authority from USEPA to implement and
enforce Section 112(l) and requirements for the prevention
and detection of accidental releases pursuant to Section
112(r) of the Clean Air Act.
d. The Agency shall have the authority to issue
permits pursuant to Section 112(i)(5) of the Clean Air
Act.
e. The Agency has the authority to implement Section
112(g) of the Clean Air Act consistent with the Clean Air
Act and federal regulations promulgated thereunder. If the
Agency refuses to include the emission limitations
proposed in an application submitted by an owner or
operator for a case-by-case maximum achievable control
technology (MACT) determination, the owner or operator may
petition the Board to determine whether the emission
limitation proposed by the owner or operator or an
alternative emission limitation proposed by the Agency
provides for a level of control required by Section 112 of
the Clean Air Act, or to otherwise establish an
appropriate emission limitation under Section 112 of the
Clean Air Act.
20. Small Business.
a. For purposes of this subsection:

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"Program" is the Small Business Stationary Source
Technical and Environmental Compliance Assistance Program
created within this State pursuant to Section 507 of the
Clean Air Act and guidance promulgated thereunder, to
provide technical assistance and compliance information to
small business stationary sources;
"Small Business Assistance Program" is a component of
the Program responsible for providing sufficient
communications with small businesses through the
collection and dissemination of information to small
business stationary sources; and
"Small Business Stationary Source" means a stationary
source that:
1. is owned or operated by a person that employs
100 or fewer individuals;
2. is a small business concern as defined in the
"Small Business Act";
3. is not a major source as that term is defined in
subsection 2 of this Section;
4. does not emit 50 tons or more per year of any
regulated air pollutant, except greenhouse gases; and
5. emits less than 75 tons per year of all
regulated pollutants, except greenhouse gases.
b. The Agency shall adopt and submit to USEPA, after
reasonable notice and opportunity for public comment, as a
revision to the Illinois state implementation plan, plans

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for establishing the Program.
c. The Agency shall have the authority to enter into
such contracts and agreements as the Agency deems
necessary to carry out the purposes of this subsection.
d. The Agency may establish such procedures as it may
deem necessary for the purposes of implementing and
executing its responsibilities under this subsection.
e. There shall be appointed a Small Business Ombudsman
(hereinafter in this subsection referred to as
"Ombudsman") to monitor the Small Business Assistance
Program. The Ombudsman shall be a nonpartisan designated
official, with the ability to independently assess whether
the goals of the Program are being met.
f. The State Ombudsman Office shall be located in an
existing Ombudsman office within the State or in any State
Department.
g. There is hereby created a State Compliance Advisory
Panel (hereinafter in this subsection referred to as
"Panel") for determining the overall effectiveness of the
Small Business Assistance Program within this State.
h. The selection of Panel members shall be by the
following method:
1. The Governor shall select two members who are
not owners or representatives of owners of small
business stationary sources to represent the general
public;

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2. The Director of the Agency shall select one
member to represent the Agency; and
3. The State Legislature shall select four members
who are owners or representatives of owners of small
business stationary sources. Both the majority and
minority leadership in both Houses of the Legislature
shall appoint one member of the panel.
i. Panel members should serve without compensation but
will receive full reimbursement for expenses including
travel and per diem as authorized within this State.
j. The Panel shall select its own Chair by a majority
vote. The Chair may meet and consult with the Ombudsman
and the head of the Small Business Assistance Program in
planning the activities for the Panel.
21. Temporary Sources.
a. The Agency may issue a single permit authorizing
emissions from similar operations by the same source owner
or operator at multiple temporary locations, except for
sources which are affected sources for acid deposition
under Title IV of the Clean Air Act.
b. The applicant must demonstrate that the operation
is temporary and will involve at least one change of
location during the term of the permit.
c. Any such permit shall meet all applicable
requirements of this Section and applicable regulations,

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and include conditions assuring compliance with all
applicable requirements at all authorized locations and
requirements that the owner or operator notify the Agency
at least 10 days in advance of each change in location.