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1 | | "Applicable Clean Air Act requirement" means all of the |
2 | | following as they apply to emissions units in a source |
3 | | (including regulations that have been promulgated or approved |
4 | | by USEPA pursuant to the Clean Air Act which directly impose |
5 | | requirements upon a source and other such federal requirements |
6 | | which have been adopted by the Board. These may include |
7 | | requirements and regulations which have future effective |
8 | | compliance dates. Requirements and regulations will be exempt |
9 | | if USEPA determines that such requirements need not be |
10 | | contained in a Title V permit): |
11 | | (1) Any standard or other requirement provided for in |
12 | | the applicable state implementation plan approved or |
13 | | promulgated by USEPA under Title I of the Clean Air Act |
14 | | that implements the relevant requirements of the Clean Air |
15 | | Act, including any revisions to the state Implementation |
16 | | Plan promulgated in 40 CFR Part 52, Subparts A and O and |
17 | | other subparts applicable to Illinois. For purposes of |
18 | | this paragraph (1) of this definition, "any standard or |
19 | | other requirement" means only such standards or |
20 | | requirements directly enforceable against an individual |
21 | | source under the Clean Air Act. |
22 | | (2)(i) Any term or condition of any preconstruction |
23 | | permits issued pursuant to regulations approved or |
24 | | promulgated by USEPA under Title I of the Clean Air |
25 | | Act, including Part C or D of the Clean Air Act. |
26 | | (ii) Any term or condition as required pursuant to |
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1 | | Section 39.5 of any federally enforceable State |
2 | | operating permit issued pursuant to regulations |
3 | | approved or promulgated by USEPA under Title I of the |
4 | | Clean Air Act, including Part C or D of the Clean Air |
5 | | Act. |
6 | | (3) Any standard or other requirement under Section |
7 | | 111 of the Clean Air Act, including Section 111(d). |
8 | | (4) Any standard or other requirement under Section |
9 | | 112 of the Clean Air Act, including any requirement |
10 | | concerning accident prevention under Section 112(r)(7) of |
11 | | the Clean Air Act. |
12 | | (5) Any standard or other requirement of the acid rain |
13 | | program under Title IV of the Clean Air Act or the |
14 | | regulations promulgated thereunder. |
15 | | (6) Any requirements established pursuant to Section |
16 | | 504(b) or Section 114(a)(3) of the Clean Air Act. |
17 | | (7) Any standard or other requirement governing solid |
18 | | waste incineration, under Section 129 of the Clean Air |
19 | | Act. |
20 | | (8) Any standard or other requirement for consumer and |
21 | | commercial products, under Section 183(e) of the Clean Air |
22 | | Act. |
23 | | (9) Any standard or other requirement for tank |
24 | | vessels, under Section 183(f) of the Clean Air Act. |
25 | | (10) Any standard or other requirement of the program |
26 | | to control air pollution from Outer Continental Shelf |
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1 | | sources, under Section 328 of the Clean Air Act. |
2 | | (11) Any standard or other requirement of the |
3 | | regulations promulgated to protect stratospheric ozone |
4 | | under Title VI of the Clean Air Act, unless USEPA has |
5 | | determined that such requirements need not be contained in |
6 | | a Title V permit. |
7 | | (12) Any national ambient air quality standard or |
8 | | increment or visibility requirement under Part C of Title |
9 | | I of the Clean Air Act, but only as it would apply to |
10 | | temporary sources permitted pursuant to Section 504(e) of |
11 | | the Clean Air Act. |
12 | | "Applicable requirement" means all applicable Clean Air |
13 | | Act requirements and any other standard, limitation, or other |
14 | | requirement contained in this Act or regulations promulgated |
15 | | under this Act as applicable to sources of air contaminants |
16 | | (including requirements that have future effective compliance |
17 | | dates). |
18 | | "CAAPP" means the Clean Air Act Permit Program, developed |
19 | | pursuant to Title V of the Clean Air Act. |
20 | | "CAAPP application" means an application for a CAAPP |
21 | | permit. |
22 | | "CAAPP Permit" or "permit" (unless the context suggests |
23 | | otherwise) means any permit issued, renewed, amended, modified |
24 | | or revised pursuant to Title V of the Clean Air Act. |
25 | | "CAAPP source" means any source for which the owner or |
26 | | operator is required to obtain a CAAPP permit pursuant to |
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1 | | subsection 2 of this Section. |
2 | | "Clean Air Act" means the Clean Air Act, as now and |
3 | | hereafter amended, 42 U.S.C. 7401, et seq. |
4 | | "Designated representative" has the meaning given to it in |
5 | | Section 402(26) of the Clean Air Act and the regulations |
6 | | promulgated thereunder, which state that the term "designated |
7 | | representative" means a responsible person or official |
8 | | authorized by the owner or operator of a unit to represent the |
9 | | owner or operator in all matters pertaining to the holding, |
10 | | transfer, or disposition of allowances allocated to a unit, |
11 | | and the submission of and compliance with permits, permit |
12 | | applications, and compliance plans for the unit. |
13 | | "Draft CAAPP permit" means the version of a CAAPP permit |
14 | | for which public notice and an opportunity for public comment |
15 | | and hearing is offered by the Agency. |
16 | | "Effective date of the CAAPP" means the date that USEPA |
17 | | approves Illinois' CAAPP. |
18 | | "Emission unit" means any part or activity of a stationary |
19 | | source that emits or has the potential to emit any air |
20 | | pollutant. This term is not meant to alter or affect the |
21 | | definition of the term "unit" for purposes of Title IV of the |
22 | | Clean Air Act. |
23 | | "Federally enforceable" means enforceable by USEPA. |
24 | | "Final permit action" means the Agency's granting with |
25 | | conditions, refusal to grant, renewal of, or revision of a |
26 | | CAAPP permit, the Agency's determination of incompleteness of |
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1 | | a submitted CAAPP application, or the Agency's failure to act |
2 | | on an application for a permit, permit renewal, or permit |
3 | | revision within the time specified in subsection 13, |
4 | | subsection 14, or paragraph (j) of subsection 5 of this |
5 | | Section. |
6 | | "General permit" means a permit issued to cover numerous |
7 | | similar sources in accordance with subsection 11 of this |
8 | | Section. |
9 | | "Major source" means a source for which emissions of one |
10 | | or more air pollutants meet the criteria for major status |
11 | | pursuant to paragraph (c) of subsection 2 of this Section. |
12 | | "Maximum achievable control technology" or "MACT" means |
13 | | the maximum degree of reductions in emissions deemed |
14 | | achievable under Section 112 of the Clean Air Act. |
15 | | "Owner or operator" means any person who owns, leases, |
16 | | operates, controls, or supervises a stationary source. |
17 | | "Permit modification" means a revision to a CAAPP permit |
18 | | that cannot be accomplished under the provisions for |
19 | | administrative permit amendments under subsection 13 of this |
20 | | Section. |
21 | | "Permit revision" means a permit modification or |
22 | | administrative permit amendment. |
23 | | "Phase II" means the period of the national acid rain |
24 | | program, established under Title IV of the Clean Air Act, |
25 | | beginning January 1, 2000, and continuing thereafter. |
26 | | "Phase II acid rain permit" means the portion of a CAAPP |
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1 | | permit issued, renewed, modified, or revised by the Agency |
2 | | during Phase II for an affected source for acid deposition. |
3 | | "Potential to emit" means the maximum capacity of a |
4 | | stationary source to emit any air pollutant under its physical |
5 | | and operational design. Any physical or operational limitation |
6 | | on the capacity of a source to emit an air pollutant, including |
7 | | air pollution control equipment and restrictions on hours of |
8 | | operation or on the type or amount of material combusted, |
9 | | stored, or processed, shall be treated as part of its design if |
10 | | the limitation is enforceable by USEPA. This definition does |
11 | | not alter or affect the use of this term for any other purposes |
12 | | under the Clean Air Act, or the term "capacity factor" as used |
13 | | in Title IV of the Clean Air Act or the regulations promulgated |
14 | | thereunder. |
15 | | "Preconstruction Permit" or "Construction Permit" means a |
16 | | permit which is to be obtained prior to commencing or |
17 | | beginning actual construction or modification of a source or |
18 | | emissions unit. |
19 | | "Proposed CAAPP permit" means the version of a CAAPP |
20 | | permit that the Agency proposes to issue and forwards to USEPA |
21 | | for review in compliance with applicable requirements of the |
22 | | Act and regulations promulgated thereunder. |
23 | | "Regulated air pollutant" means the following: |
24 | | (1) Nitrogen oxides (NOx) or any volatile organic |
25 | | compound. |
26 | | (2) Any pollutant for which a national ambient air |
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1 | | quality standard has been promulgated. |
2 | | (3) Any pollutant that is subject to any standard |
3 | | promulgated under Section 111 of the Clean Air Act. |
4 | | (4) Any Class I or II substance subject to a standard |
5 | | promulgated under or established by Title VI of the Clean |
6 | | Air Act. |
7 | | (5) Any pollutant subject to a standard promulgated |
8 | | under Section 112 or other requirements established under |
9 | | Section 112 of the Clean Air Act, including Sections |
10 | | 112(g), (j) and (r). |
11 | | (i) Any pollutant subject to requirements under |
12 | | Section 112(j) of the Clean Air Act. Any pollutant |
13 | | listed under Section 112(b) for which the subject |
14 | | source would be major shall be considered to be |
15 | | regulated 18 months after the date on which USEPA was |
16 | | required to promulgate an applicable standard pursuant |
17 | | to Section 112(e) of the Clean Air Act, if USEPA fails |
18 | | to promulgate such standard. |
19 | | (ii) Any pollutant for which the requirements of |
20 | | Section 112(g)(2) of the Clean Air Act have been met, |
21 | | but only with respect to the individual source subject |
22 | | to Section 112(g)(2) requirement. |
23 | | (6) Greenhouse gases. |
24 | | "Renewal" means the process by which a permit is reissued |
25 | | at the end of its term. |
26 | | "Responsible official" means one of the following: |
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1 | | (1) For a corporation: a president, secretary, |
2 | | treasurer, or vice-president of the corporation in charge |
3 | | of a principal business function, or any other person who |
4 | | performs similar policy or decision-making functions for |
5 | | the corporation, or a duly authorized representative of |
6 | | such person if the representative is responsible for the |
7 | | overall operation of one or more manufacturing, |
8 | | production, or operating facilities applying for or |
9 | | subject to a permit and either (i) the facilities employ |
10 | | more than 250 persons or have gross annual sales or |
11 | | expenditures exceeding $25 million (in second quarter 1980 |
12 | | dollars), or (ii) the delegation of authority to such |
13 | | representative is approved in advance by the Agency. |
14 | | (2) For a partnership or sole proprietorship: a |
15 | | general partner or the proprietor, respectively, or in the |
16 | | case of a partnership in which all of the partners are |
17 | | corporations, a duly authorized representative of the |
18 | | partnership if the representative is responsible for the |
19 | | overall operation of one or more manufacturing, |
20 | | production, or operating facilities applying for or |
21 | | subject to a permit and either (i) the facilities employ |
22 | | more than 250 persons or have gross annual sales or |
23 | | expenditures exceeding $25 million (in second quarter 1980 |
24 | | dollars), or (ii) the delegation of authority to such |
25 | | representative is approved in advance by the Agency. |
26 | | (3) For a municipality, State, Federal, or other |
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1 | | public agency: either a principal executive officer or |
2 | | ranking elected official. For the purposes of this part, a |
3 | | principal executive officer of a Federal agency includes |
4 | | the chief executive officer having responsibility for the |
5 | | overall operations of a principal geographic unit of the |
6 | | agency (e.g., a Regional Administrator of USEPA). |
7 | | (4) For affected sources for acid deposition: |
8 | | (i) The designated representative shall be the |
9 | | "responsible official" in so far as actions, |
10 | | standards, requirements, or prohibitions under Title |
11 | | IV of the Clean Air Act or the regulations promulgated |
12 | | thereunder are concerned. |
13 | | (ii) The designated representative may also be the |
14 | | "responsible official" for any other purposes with |
15 | | respect to air pollution control. |
16 | | "Section 502(b)(10) changes" means changes that contravene |
17 | | express permit terms. "Section 502(b)(10) changes" do not |
18 | | include changes that would violate applicable requirements or |
19 | | contravene federally enforceable permit terms or conditions |
20 | | that are monitoring (including test methods), recordkeeping, |
21 | | reporting, or compliance certification requirements. |
22 | | "Solid waste incineration unit" means a distinct operating |
23 | | unit of any facility which combusts any solid waste material |
24 | | from commercial or industrial establishments or the general |
25 | | public (including single and multiple residences, hotels, and |
26 | | motels). The term does not include incinerators or other units |
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1 | | required to have a permit under Section 3005 of the Solid Waste |
2 | | Disposal Act. The term also does not include (A) materials |
3 | | recovery facilities (including primary or secondary smelters) |
4 | | which combust waste for the primary purpose of recovering |
5 | | metals, (B) qualifying small power production facilities, as |
6 | | defined in Section 3(17)(C) of the Federal Power Act (16 |
7 | | U.S.C. 769(17)(C)), or qualifying cogeneration facilities, as |
8 | | defined in Section 3(18)(B) of the Federal Power Act (16 |
9 | | U.S.C. 796(18)(B)), which burn homogeneous waste (such as |
10 | | units which burn tires or used oil, but not including |
11 | | refuse-derived fuel) for the production of electric energy or |
12 | | in the case of qualifying cogeneration facilities which burn |
13 | | homogeneous waste for the production of electric energy and |
14 | | steam or forms of useful energy (such as heat) which are used |
15 | | for industrial, commercial, heating or cooling purposes, or |
16 | | (C) air curtain incinerators provided that such incinerators |
17 | | only burn wood wastes, yard waste and clean lumber and that |
18 | | such air curtain incinerators comply with opacity limitations |
19 | | to be established by the USEPA by rule. |
20 | | "Source" means any stationary source (or any group of |
21 | | stationary sources) that is located on one or more contiguous |
22 | | or adjacent properties that are under common control of the |
23 | | same person (or persons under common control) and that belongs |
24 | | to a single major industrial grouping. For the purposes of |
25 | | defining "source," a stationary source or group of stationary |
26 | | sources shall be considered part of a single major industrial |
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1 | | grouping if all of the pollutant emitting activities at such |
2 | | source or group of sources located on contiguous or adjacent |
3 | | properties and under common control belong to the same Major |
4 | | Group (i.e., all have the same two-digit code) as described in |
5 | | the Standard Industrial Classification Manual, 1987, or such |
6 | | pollutant emitting activities at a stationary source (or group |
7 | | of stationary sources) located on contiguous or adjacent |
8 | | properties and under common control constitute a support |
9 | | facility. The determination as to whether any group of |
10 | | stationary sources is located on contiguous or adjacent |
11 | | properties, and/or is under common control, and/or whether the |
12 | | pollutant emitting activities at such group of stationary |
13 | | sources constitute a support facility shall be made on a case |
14 | | by case basis. |
15 | | "Stationary source" means any building, structure, |
16 | | facility, or installation that emits or may emit any regulated |
17 | | air pollutant or any pollutant listed under Section 112(b) of |
18 | | the Clean Air Act, except those emissions resulting directly |
19 | | from an internal combustion engine for transportation purposes |
20 | | or from a nonroad engine or nonroad vehicle as defined in |
21 | | Section 216 of the Clean Air Act. |
22 | | "Subject to regulation" has the meaning given to it in 40 |
23 | | CFR 70.2, as now or hereafter amended. |
24 | | "Support facility" means any stationary source (or group |
25 | | of stationary sources) that conveys, stores, or otherwise |
26 | | assists to a significant extent in the production of a |
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1 | | principal product at another stationary source (or group of |
2 | | stationary sources). A support facility shall be considered to |
3 | | be part of the same source as the stationary source (or group |
4 | | of stationary sources) that it supports regardless of the |
5 | | 2-digit Standard Industrial Classification code for the |
6 | | support facility. |
7 | | "USEPA" means the Administrator of the United States |
8 | | Environmental Protection Agency (USEPA) or a person designated |
9 | | by the Administrator.
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10 | | 1.1. Exclusion From the CAAPP. |
11 | | a. An owner or operator of a source which determines |
12 | | that the source could be excluded from the CAAPP may seek |
13 | | such exclusion prior to the date that the CAAPP |
14 | | application for the source is due but in no case later than |
15 | | 9 months after the effective date of the CAAPP through the |
16 | | imposition of federally enforceable conditions limiting |
17 | | the "potential to emit" of the source to a level below the |
18 | | major source threshold for that source as described in |
19 | | paragraph (c) of subsection 2 of this Section, within a |
20 | | State operating permit issued pursuant to subsection (a) |
21 | | of Section 39 of this Act. After such date, an exclusion |
22 | | from the CAAPP may be sought under paragraph (c) of |
23 | | subsection 3 of this Section. |
24 | | b. An owner or operator of a source seeking exclusion |
25 | | from the CAAPP pursuant to paragraph (a) of this |
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1 | | subsection must submit a permit application consistent |
2 | | with the existing State permit program which specifically |
3 | | requests such exclusion through the imposition of such |
4 | | federally enforceable conditions. |
5 | | c. Upon such request, if the Agency determines that |
6 | | the owner or operator of a source has met the requirements |
7 | | for exclusion pursuant to paragraph (a) of this subsection |
8 | | and other applicable requirements for permit issuance |
9 | | under subsection (a) of Section 39 of this Act, the Agency |
10 | | shall issue a State operating permit for such source under |
11 | | subsection (a) of Section 39 of this Act, as amended, and |
12 | | regulations promulgated thereunder with federally |
13 | | enforceable conditions limiting the "potential to emit" of |
14 | | the source to a level below the major source threshold for |
15 | | that source as described in paragraph (c) of subsection 2 |
16 | | of this Section. |
17 | | d. The Agency shall provide an owner or operator of a |
18 | | source which may be excluded from the CAAPP pursuant to |
19 | | this subsection with reasonable notice that the owner or |
20 | | operator may seek such exclusion. |
21 | | e. The Agency shall provide such sources with the |
22 | | necessary permit application forms.
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23 | | 2. Applicability. |
24 | | a. Sources subject to this Section shall include: |
25 | | i. Any major source as defined in paragraph (c) of |
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1 | | this subsection. |
2 | | ii. Any source subject to a standard or other |
3 | | requirements promulgated under Section 111 (New Source |
4 | | Performance Standards) or Section 112 (Hazardous Air |
5 | | Pollutants) of the Clean Air Act, except that a source |
6 | | is not required to obtain a permit solely because it is |
7 | | subject to regulations or requirements under Section |
8 | | 112(r) of the Clean Air Act. |
9 | | iii. Any affected source for acid deposition, as |
10 | | defined in subsection 1 of this Section. |
11 | | iv. Any other source subject to this Section under |
12 | | the Clean Air Act or regulations promulgated |
13 | | thereunder, or applicable Board regulations. |
14 | | b. Sources exempted from this Section shall include: |
15 | | i. All sources listed in paragraph (a) of this |
16 | | subsection that are not major sources, affected |
17 | | sources for acid deposition or solid waste |
18 | | incineration units required to obtain a permit |
19 | | pursuant to Section 129(e) of the Clean Air Act, until |
20 | | the source is required to obtain a CAAPP permit |
21 | | pursuant to the Clean Air Act or regulations |
22 | | promulgated thereunder. |
23 | | ii. Nonmajor sources subject to a standard or |
24 | | other requirements subsequently promulgated by USEPA |
25 | | under Section 111 or 112 of the Clean Air Act that are |
26 | | determined by USEPA to be exempt at the time a new |
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1 | | standard is promulgated. |
2 | | iii. All sources and source categories that would |
3 | | be required to obtain a permit solely because they are |
4 | | subject to Part 60, Subpart AAA - Standards of |
5 | | Performance for New Residential Wood Heaters (40 CFR |
6 | | Part 60). |
7 | | iv. All sources and source categories that would |
8 | | be required to obtain a permit solely because they are |
9 | | subject to Part 61, Subpart M - National Emission |
10 | | Standard for Hazardous Air Pollutants for Asbestos, |
11 | | Section 61.145 (40 CFR Part 61). |
12 | | v. Any other source categories exempted by USEPA |
13 | | regulations pursuant to Section 502(a) of the Clean |
14 | | Air Act. |
15 | | vi. Major sources of greenhouse gas emissions |
16 | | required to obtain a CAAPP permit under this Section |
17 | | if any of the following occurs: |
18 | | (A) enactment of federal legislation depriving |
19 | | the Administrator of the USEPA of authority to |
20 | | regulate greenhouse gases under the Clean Air Act; |
21 | | (B) the issuance of any opinion, ruling, |
22 | | judgment, order, or decree by a federal court |
23 | | depriving the Administrator of the USEPA of |
24 | | authority to regulate greenhouse gases under the |
25 | | Clean Air Act; or |
26 | | (C) action by the President of the United |
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1 | | States or the President's authorized agent, |
2 | | including the Administrator of the USEPA, to |
3 | | repeal or withdraw the Greenhouse Gas Tailoring |
4 | | Rule (75 Fed. Reg. 31514, June 3, 2010). |
5 | | If any event listed in this subparagraph (vi) |
6 | | occurs, CAAPP permits issued after such event shall |
7 | | not impose permit terms or conditions addressing |
8 | | greenhouse gases during the effectiveness of any event |
9 | | listed in subparagraph (vi). If any event listed in |
10 | | this subparagraph (vi) occurs, any owner or operator |
11 | | with a CAAPP permit that includes terms or conditions |
12 | | addressing greenhouse gases may elect to submit an |
13 | | application to the Agency to address a revision or |
14 | | repeal of such terms or conditions. If any owner or |
15 | | operator submits such an application, the Agency shall |
16 | | expeditiously process the permit application in |
17 | | accordance with applicable laws and regulations. |
18 | | Nothing in this subparagraph (vi) shall relieve an |
19 | | owner or operator of a source from the requirement to |
20 | | obtain a CAAPP permit for its emissions of regulated |
21 | | air pollutants other than greenhouse gases, as |
22 | | required by this Section. |
23 | | c. For purposes of this Section the term "major |
24 | | source" means any source that is: |
25 | | i. A major source under Section 112 of the Clean |
26 | | Air Act, which is defined as: |
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1 | | A. For pollutants other than radionuclides, |
2 | | any stationary source or group of stationary |
3 | | sources located within a contiguous area and under |
4 | | common control that emits or has the potential to |
5 | | emit, in the aggregate, 10 tons per year (tpy) or |
6 | | more of any hazardous air pollutant which has been |
7 | | listed pursuant to Section 112(b) of the Clean Air |
8 | | Act, 25 tpy or more of any combination of such |
9 | | hazardous air pollutants, or such lesser quantity |
10 | | as USEPA may establish by rule. Notwithstanding |
11 | | the preceding sentence, emissions from any oil or |
12 | | gas exploration or production well (with its |
13 | | associated equipment) and emissions from any |
14 | | pipeline compressor or pump station shall not be |
15 | | aggregated with emissions from other similar |
16 | | units, whether or not such units are in a |
17 | | contiguous area or under common control, to |
18 | | determine whether such stations are major sources. |
19 | | B. For radionuclides, "major source" shall |
20 | | have the meaning specified by the USEPA by rule. |
21 | | ii. A major stationary source of air pollutants, |
22 | | as defined in Section 302 of the Clean Air Act, that |
23 | | directly emits or has the potential to emit, 100 tpy or |
24 | | more of any air pollutant subject to regulation |
25 | | (including any major source of fugitive emissions of |
26 | | any such pollutant, as determined by rule by USEPA). |
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1 | | For purposes of this subsection, "fugitive emissions" |
2 | | means those emissions which could not reasonably pass |
3 | | through a stack, chimney, vent, or other |
4 | | functionally-equivalent opening. The fugitive |
5 | | emissions of a stationary source shall not be |
6 | | considered in determining whether it is a major |
7 | | stationary source for the purposes of Section 302(j) |
8 | | of the Clean Air Act, unless the source belongs to one |
9 | | of the following categories of stationary source: |
10 | | A. Coal cleaning plants (with thermal dryers). |
11 | | B. Kraft pulp mills. |
12 | | C. Portland cement plants. |
13 | | D. Primary zinc smelters. |
14 | | E. Iron and steel mills. |
15 | | F. Primary aluminum ore reduction plants. |
16 | | G. Primary copper smelters. |
17 | | H. Municipal incinerators capable of charging |
18 | | more than 250 tons of refuse per day. |
19 | | I. Hydrofluoric, sulfuric, or nitric acid |
20 | | plants. |
21 | | J. Petroleum refineries. |
22 | | K. Lime plants. |
23 | | L. Phosphate rock processing plants. |
24 | | M. Coke oven batteries. |
25 | | N. Sulfur recovery plants. |
26 | | O. Carbon black plants (furnace process). |
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1 | | P. Primary lead smelters. |
2 | | Q. Fuel conversion plants. |
3 | | R. Sintering plants. |
4 | | S. Secondary metal production plants. |
5 | | T. Chemical process plants. |
6 | | U. Fossil-fuel boilers (or combination |
7 | | thereof) totaling more than 250 million British |
8 | | thermal units per hour heat input. |
9 | | V. Petroleum storage and transfer units with a |
10 | | total storage capacity exceeding 300,000 barrels. |
11 | | W. Taconite ore processing plants. |
12 | | X. Glass fiber processing plants. |
13 | | Y. Charcoal production plants. |
14 | | Z. Fossil fuel-fired steam electric plants of |
15 | | more than 250 million British thermal units per |
16 | | hour heat input. |
17 | | AA. All other stationary source categories, |
18 | | which as of August 7, 1980 are being regulated by a |
19 | | standard promulgated under Section 111 or 112 of |
20 | | the Clean Air Act. |
21 | | BB. Any other stationary source category |
22 | | designated by USEPA by rule. |
23 | | iii. A major stationary source as defined in part |
24 | | D of Title I of the Clean Air Act including: |
25 | | A. For ozone nonattainment areas, sources with |
26 | | the potential to emit 100 tons or more per year of |
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1 | | volatile organic compounds or oxides of nitrogen |
2 | | in areas classified as "marginal" or "moderate", |
3 | | 50 tons or more per year in areas classified as |
4 | | "serious", 25 tons or more per year in areas |
5 | | classified as "severe", and 10 tons or more per |
6 | | year in areas classified as "extreme"; except that |
7 | | the references in this clause to 100, 50, 25, and |
8 | | 10 tons per year of nitrogen oxides shall not |
9 | | apply with respect to any source for which USEPA |
10 | | has made a finding, under Section 182(f)(1) or (2) |
11 | | of the Clean Air Act, that requirements otherwise |
12 | | applicable to such source under Section 182(f) of |
13 | | the Clean Air Act do not apply. Such sources shall |
14 | | remain subject to the major source criteria of |
15 | | subparagraph (ii) of paragraph (c) of this |
16 | | subsection. |
17 | | B. For ozone transport regions established |
18 | | pursuant to Section 184 of the Clean Air Act, |
19 | | sources with the potential to emit 50 tons or more |
20 | | per year of volatile organic compounds (VOCs). |
21 | | C. For carbon monoxide nonattainment areas (1) |
22 | | that are classified as "serious", and (2) in which |
23 | | stationary sources contribute significantly to |
24 | | carbon monoxide levels as determined under rules |
25 | | issued by USEPA, sources with the potential to |
26 | | emit 50 tons or more per year of carbon monoxide. |
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1 | | D. For particulate matter (PM-10) |
2 | | nonattainment areas classified as "serious", |
3 | | sources with the potential to emit 70 tons or more |
4 | | per year of PM-10.
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5 | | 3. Agency Authority To Issue CAAPP Permits and Federally |
6 | | Enforceable State Operating Permits. |
7 | | a. The Agency shall issue CAAPP permits under this |
8 | | Section consistent with the Clean Air Act and regulations |
9 | | promulgated thereunder and this Act and regulations |
10 | | promulgated thereunder. |
11 | | b. The Agency shall issue CAAPP permits for fixed |
12 | | terms of 5 years, except CAAPP permits issued for solid |
13 | | waste incineration units combusting municipal waste which |
14 | | shall be issued for fixed terms of 12 years and except |
15 | | CAAPP permits for affected sources for acid deposition |
16 | | which shall be issued for initial terms to expire on |
17 | | December 31, 1999, and for fixed terms of 5 years |
18 | | thereafter. |
19 | | c. The Agency shall have the authority to issue a |
20 | | State operating permit for a source under subsection (a) |
21 | | of Section 39 of this Act, as amended, and regulations |
22 | | promulgated thereunder, which includes federally |
23 | | enforceable conditions limiting the "potential to emit" of |
24 | | the source to a level below the major source threshold for |
25 | | that source as described in paragraph (c) of subsection 2 |
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1 | | of this Section, thereby excluding the source from the |
2 | | CAAPP, when requested by the applicant pursuant to |
3 | | paragraph (u) of subsection 5 of this Section. The public |
4 | | notice requirements of this Section applicable to CAAPP |
5 | | permits shall also apply to the initial issuance of |
6 | | permits under this paragraph. |
7 | | d. For purposes of this Act, a permit issued by USEPA |
8 | | under Section 505 of the Clean Air Act, as now and |
9 | | hereafter amended, shall be deemed to be a permit issued |
10 | | by the Agency pursuant to Section 39.5 of this Act.
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11 | | 4. Transition. |
12 | | a. An owner or operator of a CAAPP source shall not be |
13 | | required to renew an existing State operating permit for |
14 | | any emission unit at such CAAPP source once a CAAPP |
15 | | application timely submitted prior to expiration of the |
16 | | State operating permit has been deemed complete. For |
17 | | purposes other than permit renewal, the obligation upon |
18 | | the owner or operator of a CAAPP source to obtain a State |
19 | | operating permit is not removed upon submittal of the |
20 | | complete CAAPP permit application. An owner or operator of |
21 | | a CAAPP source seeking to make a modification to a source |
22 | | prior to the issuance of its CAAPP permit shall be |
23 | | required to obtain a construction permit, operating |
24 | | permit, or both as required for such modification in |
25 | | accordance with the State permit program under subsection |
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1 | | (a) of Section 39 of this Act, as amended, and regulations |
2 | | promulgated thereunder. The application for such |
3 | | construction permit, operating permit, or both shall be |
4 | | considered an amendment to the CAAPP application submitted |
5 | | for such source. |
6 | | b. An owner or operator of a CAAPP source shall |
7 | | continue to operate in accordance with the terms and |
8 | | conditions of its applicable State operating permit |
9 | | notwithstanding the expiration of the State operating |
10 | | permit until the source's CAAPP permit has been issued. |
11 | | c. An owner or operator of a CAAPP source shall submit |
12 | | its initial CAAPP application to the Agency no later than |
13 | | 12 months after the effective date of the CAAPP. The |
14 | | Agency may request submittal of initial CAAPP applications |
15 | | during this 12-month period according to a schedule set |
16 | | forth within Agency procedures, however, in no event shall |
17 | | the Agency require such submittal earlier than 3 months |
18 | | after such effective date of the CAAPP. An owner or |
19 | | operator may voluntarily submit its initial CAAPP |
20 | | application prior to the date required within this |
21 | | paragraph or applicable procedures, if any, subsequent to |
22 | | the date the Agency submits the CAAPP to USEPA for |
23 | | approval. |
24 | | d. The Agency shall act on initial CAAPP applications |
25 | | in accordance with paragraph (j) of subsection 5 of this |
26 | | Section. |
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1 | | e. For purposes of this Section, the term "initial |
2 | | CAAPP application" shall mean the first CAAPP application |
3 | | submitted for a source existing as of the effective date |
4 | | of the CAAPP. |
5 | | f. The Agency shall provide owners or operators of |
6 | | CAAPP sources with at least 3 months advance notice of the |
7 | | date on which their applications are required to be |
8 | | submitted. In determining which sources shall be subject |
9 | | to early submittal, the Agency shall include among its |
10 | | considerations the complexity of the permit application, |
11 | | and the burden that such early submittal will have on the |
12 | | source. |
13 | | g. The CAAPP permit shall upon becoming effective |
14 | | supersede the State operating permit. |
15 | | h. The Agency shall have the authority to adopt |
16 | | procedural rules, in accordance with the Illinois |
17 | | Administrative Procedure Act, as the Agency deems |
18 | | necessary, to implement this subsection.
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19 | | 5. Applications and Completeness. |
20 | | a. An owner or operator of a CAAPP source shall submit |
21 | | its complete CAAPP application consistent with the Act and |
22 | | applicable regulations. |
23 | | b. An owner or operator of a CAAPP source shall submit |
24 | | a single complete CAAPP application covering all emission |
25 | | units at that source. |
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1 | | c. To be deemed complete, a CAAPP application must |
2 | | provide all information, as requested in Agency |
3 | | application forms, sufficient to evaluate the subject |
4 | | source and its application and to determine all applicable |
5 | | requirements, pursuant to the Clean Air Act, and |
6 | | regulations thereunder, this Act and regulations |
7 | | thereunder. Such Agency application forms shall be |
8 | | finalized and made available prior to the date on which |
9 | | any CAAPP application is required. |
10 | | d. An owner or operator of a CAAPP source shall |
11 | | submit, as part of its complete CAAPP application, a |
12 | | compliance plan, including a schedule of compliance, |
13 | | describing how each emission unit will comply with all |
14 | | applicable requirements. Any such schedule of compliance |
15 | | shall be supplemental to, and shall not sanction |
16 | | noncompliance with, the applicable requirements on which |
17 | | it is based. |
18 | | e. Each submitted CAAPP application shall be certified |
19 | | for truth, accuracy, and completeness by a responsible |
20 | | official in accordance with applicable regulations. |
21 | | f. The Agency shall provide notice to a CAAPP |
22 | | applicant as to whether a submitted CAAPP application is |
23 | | complete. Unless the Agency notifies the applicant of |
24 | | incompleteness, within 60 days after receipt of the CAAPP |
25 | | application, the application shall be deemed complete. The |
26 | | Agency may request additional information as needed to |
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1 | | make the completeness determination. The Agency may to the |
2 | | extent practicable provide the applicant with a reasonable |
3 | | opportunity to correct deficiencies prior to a final |
4 | | determination of completeness. |
5 | | g. If after the determination of completeness the |
6 | | Agency finds that additional information is necessary to |
7 | | evaluate or take final action on the CAAPP application, |
8 | | the Agency may request in writing such information from |
9 | | the source with a reasonable deadline for response. |
10 | | h. If the owner or operator of a CAAPP source submits a |
11 | | timely and complete CAAPP application, the source's |
12 | | failure to have a CAAPP permit shall not be a violation of |
13 | | this Section until the Agency takes final action on the |
14 | | submitted CAAPP application, provided, however, where the |
15 | | applicant fails to submit the requested information under |
16 | | paragraph (g) of this subsection 5 within the time frame |
17 | | specified by the Agency, this protection shall cease to |
18 | | apply. |
19 | | i. Any applicant who fails to submit any relevant |
20 | | facts necessary to evaluate the subject source and its |
21 | | CAAPP application or who has submitted incorrect |
22 | | information in a CAAPP application shall, upon becoming |
23 | | aware of such failure or incorrect submittal, submit |
24 | | supplementary facts or correct information to the Agency. |
25 | | In addition, an applicant shall provide to the Agency |
26 | | additional information as necessary to address any |
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1 | | requirements which become applicable to the source |
2 | | subsequent to the date the applicant submitted its |
3 | | complete CAAPP application but prior to release of the |
4 | | draft CAAPP permit. |
5 | | j. The Agency shall issue or deny the CAAPP permit |
6 | | within 18 months after the date of receipt of the complete |
7 | | CAAPP application, with the following exceptions: (i) |
8 | | permits for affected sources for acid deposition shall be |
9 | | issued or denied within 6 months after receipt of a |
10 | | complete application in accordance with subsection 17 of |
11 | | this Section; (ii) the Agency shall act on initial CAAPP |
12 | | applications within 24 months after the date of receipt of |
13 | | the complete CAAPP application; (iii) the Agency shall act |
14 | | on complete applications containing early reduction |
15 | | demonstrations under Section 112(i)(5) of the Clean Air |
16 | | Act within 9 months of receipt of the complete CAAPP |
17 | | application. |
18 | | Where the Agency does not take final action on the |
19 | | permit within the required time period, the permit shall |
20 | | not be deemed issued; rather, the failure to act shall be |
21 | | treated as a final permit action for purposes of judicial |
22 | | review pursuant to Sections 40.2 and 41 of this Act. |
23 | | k. The submittal of a complete CAAPP application shall |
24 | | not affect the requirement that any source have a |
25 | | preconstruction permit under Title I of the Clean Air Act. |
26 | | l. Unless a timely and complete renewal application |
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1 | | has been submitted consistent with this subsection, a |
2 | | CAAPP source operating upon the expiration of its CAAPP |
3 | | permit shall be deemed to be operating without a CAAPP |
4 | | permit. Such operation is prohibited under this Act. |
5 | | m. Permits being renewed shall be subject to the same |
6 | | procedural requirements, including those for public |
7 | | participation and federal review and objection, that apply |
8 | | to original permit issuance. |
9 | | n. For purposes of permit renewal, a timely |
10 | | application is one that is submitted no less than 9 months |
11 | | prior to the date of permit expiration. |
12 | | o. The terms and conditions of a CAAPP permit shall |
13 | | remain in effect until the issuance of a CAAPP renewal |
14 | | permit provided a timely and complete CAAPP application |
15 | | has been submitted. |
16 | | p. The owner or operator of a CAAPP source seeking a |
17 | | permit shield pursuant to paragraph (j) of subsection 7 of |
18 | | this Section shall request such permit shield in the CAAPP |
19 | | application regarding that source. |
20 | | q. The Agency shall make available to the public all |
21 | | documents submitted by the applicant to the Agency, |
22 | | including each CAAPP application, compliance plan |
23 | | (including the schedule of compliance), and emissions or |
24 | | compliance monitoring report, with the exception of |
25 | | information entitled to confidential treatment pursuant to |
26 | | Section 7 of this Act. |
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1 | | r. The Agency shall use the standardized forms |
2 | | required under Title IV of the Clean Air Act and |
3 | | regulations promulgated thereunder for affected sources |
4 | | for acid deposition. |
5 | | s. An owner or operator of a CAAPP source may include |
6 | | within its CAAPP application a request for permission to |
7 | | operate during a startup, malfunction, or breakdown |
8 | | consistent with applicable Board regulations. |
9 | | t. An owner or operator of a CAAPP source, in order to |
10 | | utilize the operational flexibility provided under |
11 | | paragraph (l) of subsection 7 of this Section, must |
12 | | request such use and provide the necessary information |
13 | | within its CAAPP application. |
14 | | u. An owner or operator of a CAAPP source which seeks |
15 | | exclusion from the CAAPP through the imposition of |
16 | | federally enforceable conditions, pursuant to paragraph |
17 | | (c) of subsection 3 of this Section, must request such |
18 | | exclusion within a CAAPP application submitted consistent |
19 | | with this subsection on or after the date that the CAAPP |
20 | | application for the source is due. Prior to such date, but |
21 | | in no case later than 9 months after the effective date of |
22 | | the CAAPP, such owner or operator may request the |
23 | | imposition of federally enforceable conditions pursuant to |
24 | | paragraph (b) of subsection 1.1 of this Section. |
25 | | v. CAAPP applications shall contain accurate |
26 | | information on allowable emissions to implement the fee |
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1 | | provisions of subsection 18 of this Section. |
2 | | w. An owner or operator of a CAAPP source shall submit |
3 | | within its CAAPP application emissions information |
4 | | regarding all regulated air pollutants emitted at that |
5 | | source consistent with applicable Agency procedures. |
6 | | Emissions information regarding insignificant activities |
7 | | or emission levels, as determined by the Agency pursuant |
8 | | to Board regulations, may be submitted as a list within |
9 | | the CAAPP application. The Agency shall propose |
10 | | regulations to the Board defining insignificant activities |
11 | | or emission levels, consistent with federal regulations, |
12 | | if any, no later than 18 months after the effective date of |
13 | | this amendatory Act of 1992, consistent with Section |
14 | | 112(n)(1) of the Clean Air Act. The Board shall adopt |
15 | | final regulations defining insignificant activities or |
16 | | emission levels no later than 9 months after the date of |
17 | | the Agency's proposal. |
18 | | x. The owner or operator of a new CAAPP source shall |
19 | | submit its complete CAAPP application consistent with this |
20 | | subsection within 12 months after commencing operation of |
21 | | such source. The owner or operator of an existing source |
22 | | that has been excluded from the provisions of this Section |
23 | | under subsection 1.1 or paragraph (c) of subsection 3 of |
24 | | this Section and that becomes subject to the CAAPP solely |
25 | | due to a change in operation at the source shall submit its |
26 | | complete CAAPP application consistent with this subsection |
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1 | | at least 180 days before commencing operation in |
2 | | accordance with the change in operation. |
3 | | y. The Agency shall have the authority to adopt |
4 | | procedural rules, in accordance with the Illinois |
5 | | Administrative Procedure Act, as the Agency deems |
6 | | necessary to implement this subsection.
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7 | | 6. Prohibitions. |
8 | | a. It shall be unlawful for any person to violate any |
9 | | terms or conditions of a permit issued under this Section, |
10 | | to operate any CAAPP source except in compliance with a |
11 | | permit issued by the Agency under this Section or to |
12 | | violate any other applicable requirements. All terms and |
13 | | conditions of a permit issued under this Section are |
14 | | enforceable by USEPA and citizens under the Clean Air Act, |
15 | | except those, if any, that are specifically designated as |
16 | | not being federally enforceable in the permit pursuant to |
17 | | paragraph (m) of subsection 7 of this Section. |
18 | | b. After the applicable CAAPP permit or renewal |
19 | | application submittal date, as specified in subsection 5 |
20 | | of this Section, no person shall operate a CAAPP source |
21 | | without a CAAPP permit unless the complete CAAPP permit or |
22 | | renewal application for such source has been timely |
23 | | submitted to the Agency. |
24 | | c. No owner or operator of a CAAPP source shall cause |
25 | | or threaten or allow the continued operation of an |
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1 | | emission source during malfunction or breakdown of the |
2 | | emission source or related air pollution control equipment |
3 | | if such operation would cause a violation of the standards |
4 | | or limitations applicable to the source, unless the CAAPP |
5 | | permit granted to the source provides for such operation |
6 | | consistent with this Act and applicable Board regulations.
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7 | | 7. Permit Content. |
8 | | a. All CAAPP permits shall contain emission |
9 | | limitations and standards and other enforceable terms and |
10 | | conditions, including but not limited to operational |
11 | | requirements, and schedules for achieving compliance at |
12 | | the earliest reasonable date, which are or will be |
13 | | required to accomplish the purposes and provisions of this |
14 | | Act and to assure compliance with all applicable |
15 | | requirements. |
16 | | b. The Agency shall include among such conditions |
17 | | applicable monitoring, reporting, record keeping and |
18 | | compliance certification requirements, as authorized by |
19 | | paragraphs (d), (e), and (f) of this subsection, that the |
20 | | Agency deems necessary to assure compliance with the Clean |
21 | | Air Act, the regulations promulgated thereunder, this Act, |
22 | | and applicable Board regulations. When monitoring, |
23 | | reporting, record keeping, and compliance certification |
24 | | requirements are specified within the Clean Air Act, |
25 | | regulations promulgated thereunder, this Act, or |
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1 | | applicable regulations, such requirements shall be |
2 | | included within the CAAPP permit. The Board shall have |
3 | | authority to promulgate additional regulations where |
4 | | necessary to accomplish the purposes of the Clean Air Act, |
5 | | this Act, and regulations promulgated thereunder. |
6 | | c. The Agency shall assure, within such conditions, |
7 | | the use of terms, test methods, units, averaging periods, |
8 | | and other statistical conventions consistent with the |
9 | | applicable emission limitations, standards, and other |
10 | | requirements contained in the permit. |
11 | | d. To meet the requirements of this subsection with |
12 | | respect to monitoring, the permit shall: |
13 | | i. Incorporate and identify all applicable |
14 | | emissions monitoring and analysis procedures or test |
15 | | methods required under the Clean Air Act, regulations |
16 | | promulgated thereunder, this Act, and applicable Board |
17 | | regulations, including any procedures and methods |
18 | | promulgated by USEPA pursuant to Section 504(b) or |
19 | | Section 114 (a)(3) of the Clean Air Act. |
20 | | ii. Where the applicable requirement does not |
21 | | require periodic testing or instrumental or |
22 | | noninstrumental monitoring (which may consist of |
23 | | recordkeeping designed to serve as monitoring), |
24 | | require periodic monitoring sufficient to yield |
25 | | reliable data from the relevant time period that is |
26 | | representative of the source's compliance with the |
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1 | | permit, as reported pursuant to paragraph (f) of this |
2 | | subsection. The Agency may determine that |
3 | | recordkeeping requirements are sufficient to meet the |
4 | | requirements of this subparagraph. |
5 | | iii. As necessary, specify requirements concerning |
6 | | the use, maintenance, and when appropriate, |
7 | | installation of monitoring equipment or methods. |
8 | | e. To meet the requirements of this subsection with |
9 | | respect to record keeping, the permit shall incorporate |
10 | | and identify all applicable recordkeeping requirements and |
11 | | require, where applicable, the following: |
12 | | i. Records of required monitoring information that |
13 | | include the following: |
14 | | A. The date, place and time of sampling or |
15 | | measurements. |
16 | | B. The date(s) analyses were performed. |
17 | | C. The company or entity that performed the |
18 | | analyses. |
19 | | D. The analytical techniques or methods used. |
20 | | E. The results of such analyses. |
21 | | F. The operating conditions as existing at the |
22 | | time of sampling or measurement. |
23 | | ii. Retention of records of all monitoring data |
24 | | and support information for a period of at least 5 |
25 | | years from the date of the monitoring sample, |
26 | | measurement, report, or application. Support |
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1 | | information includes all calibration and maintenance |
2 | | records, original strip-chart recordings for |
3 | | continuous monitoring instrumentation, and copies of |
4 | | all reports required by the permit. |
5 | | f. To meet the requirements of this subsection with |
6 | | respect to reporting, the permit shall incorporate and |
7 | | identify all applicable reporting requirements and require |
8 | | the following: |
9 | | i. Submittal of reports of any required monitoring |
10 | | every 6 months. More frequent submittals may be |
11 | | requested by the Agency if such submittals are |
12 | | necessary to assure compliance with this Act or |
13 | | regulations promulgated by the Board thereunder. All |
14 | | instances of deviations from permit requirements must |
15 | | be clearly identified in such reports. All required |
16 | | reports must be certified by a responsible official |
17 | | consistent with subsection 5 of this Section. |
18 | | ii. Prompt reporting of deviations from permit |
19 | | requirements, including those attributable to upset |
20 | | conditions as defined in the permit, the probable |
21 | | cause of such deviations, and any corrective actions |
22 | | or preventive measures taken. |
23 | | g. Each CAAPP permit issued under subsection 10 of |
24 | | this Section shall include a condition prohibiting |
25 | | emissions exceeding any allowances that the source |
26 | | lawfully holds under Title IV of the Clean Air Act or the |
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1 | | regulations promulgated thereunder, consistent with |
2 | | subsection 17 of this Section and applicable regulations, |
3 | | if any. |
4 | | h. All CAAPP permits shall state that, where another |
5 | | applicable requirement of the Clean Air Act is more |
6 | | stringent than any applicable requirement of regulations |
7 | | promulgated under Title IV of the Clean Air Act, both |
8 | | provisions shall be incorporated into the permit and shall |
9 | | be State and federally enforceable. |
10 | | i. Each CAAPP permit issued under subsection 10 of |
11 | | this Section shall include a severability clause to ensure |
12 | | the continued validity of the various permit requirements |
13 | | in the event of a challenge to any portions of the permit. |
14 | | j. The following shall apply with respect to owners or |
15 | | operators requesting a permit shield: |
16 | | i. The Agency shall include in a CAAPP permit, |
17 | | when requested by an applicant pursuant to paragraph |
18 | | (p) of subsection 5 of this Section, a provision |
19 | | stating that compliance with the conditions of the |
20 | | permit shall be deemed compliance with applicable |
21 | | requirements which are applicable as of the date of |
22 | | release of the proposed permit, provided that: |
23 | | A. The applicable requirement is specifically |
24 | | identified within the permit; or |
25 | | B. The Agency in acting on the CAAPP |
26 | | application or revision determines in writing that |
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1 | | other requirements specifically identified are not |
2 | | applicable to the source, and the permit includes |
3 | | that determination or a concise summary thereof. |
4 | | ii. The permit shall identify the requirements for |
5 | | which the source is shielded. The shield shall not |
6 | | extend to applicable requirements which are |
7 | | promulgated after the date of release of the proposed |
8 | | permit unless the permit has been modified to reflect |
9 | | such new requirements. |
10 | | iii. A CAAPP permit which does not expressly |
11 | | indicate the existence of a permit shield shall not |
12 | | provide such a shield. |
13 | | iv. Nothing in this paragraph or in a CAAPP permit |
14 | | shall alter or affect the following: |
15 | | A. The provisions of Section 303 (emergency |
16 | | powers) of the Clean Air Act, including USEPA's |
17 | | authority under that section. |
18 | | B. The liability of an owner or operator of a |
19 | | source for any violation of applicable |
20 | | requirements prior to or at the time of permit |
21 | | issuance. |
22 | | C. The applicable requirements of the acid |
23 | | rain program consistent with Section 408(a) of the |
24 | | Clean Air Act. |
25 | | D. The ability of USEPA to obtain information |
26 | | from a source pursuant to Section 114 |
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1 | | (inspections, monitoring, and entry) of the Clean |
2 | | Air Act. |
3 | | k. (Blank). Each CAAPP permit shall include an |
4 | | emergency provision providing an affirmative defense of |
5 | | emergency to an action brought for noncompliance with |
6 | | technology-based emission limitations under a CAAPP permit |
7 | | if the following conditions are met through properly |
8 | | signed, contemporaneous operating logs, or other relevant |
9 | | evidence: |
10 | | i. An emergency occurred and the permittee can |
11 | | identify the cause(s) of the emergency. |
12 | | ii. The permitted facility was at the time being |
13 | | properly operated. |
14 | | iii. The permittee submitted notice of the |
15 | | emergency to the Agency within 2 working days after |
16 | | the time when emission limitations were exceeded due |
17 | | to the emergency. This notice must contain a detailed |
18 | | description of the emergency, any steps taken to |
19 | | mitigate emissions, and corrective actions taken. |
20 | | iv. During the period of the emergency the |
21 | | permittee took all reasonable steps to minimize levels |
22 | | of emissions that exceeded the emission limitations, |
23 | | standards, or requirements in the permit. |
24 | | For purposes of this subsection, "emergency" means any |
25 | | situation arising from sudden and reasonably unforeseeable |
26 | | events beyond the control of the source, such as an act of |
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1 | | God, that requires immediate corrective action to restore |
2 | | normal operation, and that causes the source to exceed a |
3 | | technology-based emission limitation under the permit, due |
4 | | to unavoidable increases in emissions attributable to the |
5 | | emergency. An emergency shall not include noncompliance to |
6 | | the extent caused by improperly designed equipment, lack |
7 | | of preventative maintenance, careless or improper |
8 | | operation, or operation error. |
9 | | In any enforcement proceeding, the permittee seeking |
10 | | to establish the occurrence of an emergency has the burden |
11 | | of proof. This provision is in addition to any emergency |
12 | | or upset provision contained in any applicable |
13 | | requirement. This provision does not relieve a permittee |
14 | | of any reporting obligations under existing federal or |
15 | | state laws or regulations. |
16 | | l. The Agency shall include in each permit issued |
17 | | under subsection 10 of this Section: |
18 | | i. Terms and conditions for reasonably anticipated |
19 | | operating scenarios identified by the source in its |
20 | | application. The permit terms and conditions for each |
21 | | such operating scenario shall meet all applicable |
22 | | requirements and the requirements of this Section. |
23 | | A. Under this subparagraph, the source must |
24 | | record in a log at the permitted facility a record |
25 | | of the scenario under which it is operating |
26 | | contemporaneously with making a change from one |
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1 | | operating scenario to another. |
2 | | B. The permit shield described in paragraph |
3 | | (j) of subsection 7 of this Section shall extend |
4 | | to all terms and conditions under each such |
5 | | operating scenario. |
6 | | ii. Where requested by an applicant, all terms and |
7 | | conditions allowing for trading of emissions increases |
8 | | and decreases between different emission units at the |
9 | | CAAPP source, to the extent that the applicable |
10 | | requirements provide for trading of such emissions |
11 | | increases and decreases without a case-by-case |
12 | | approval of each emissions trade. Such terms and |
13 | | conditions: |
14 | | A. Shall include all terms required under this |
15 | | subsection to determine compliance; |
16 | | B. Must meet all applicable requirements; |
17 | | C. Shall extend the permit shield described in |
18 | | paragraph (j) of subsection 7 of this Section to |
19 | | all terms and conditions that allow such increases |
20 | | and decreases in emissions. |
21 | | m. The Agency shall specifically designate as not |
22 | | being federally enforceable under the Clean Air Act any |
23 | | terms and conditions included in the permit that are not |
24 | | specifically required under the Clean Air Act or federal |
25 | | regulations promulgated thereunder. Terms or conditions so |
26 | | designated shall be subject to all applicable State |
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1 | | requirements, except the requirements of subsection 7 |
2 | | (other than this paragraph, paragraph q of subsection 7, |
3 | | subsections 8 through 11, and subsections 13 through 16 of |
4 | | this Section. The Agency shall, however, include such |
5 | | terms and conditions in the CAAPP permit issued to the |
6 | | source. |
7 | | n. Each CAAPP permit issued under subsection 10 of |
8 | | this Section shall specify and reference the origin of and |
9 | | authority for each term or condition, and identify any |
10 | | difference in form as compared to the applicable |
11 | | requirement upon which the term or condition is based. |
12 | | o. Each CAAPP permit issued under subsection 10 of |
13 | | this Section shall include provisions stating the |
14 | | following: |
15 | | i. Duty to comply. The permittee must comply with |
16 | | all terms and conditions of the CAAPP permit. Any |
17 | | permit noncompliance constitutes a violation of the |
18 | | Clean Air Act and the Act, and is grounds for any or |
19 | | all of the following: enforcement action; permit |
20 | | termination, revocation and reissuance, or |
21 | | modification; or denial of a permit renewal |
22 | | application. |
23 | | ii. Need to halt or reduce activity not a defense. |
24 | | It shall not be a defense for a permittee in an |
25 | | enforcement action that it would have been necessary |
26 | | to halt or reduce the permitted activity in order to |
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1 | | maintain compliance with the conditions of this |
2 | | permit. |
3 | | iii. Permit actions. The permit may be modified, |
4 | | revoked, reopened, and reissued, or terminated for |
5 | | cause in accordance with the applicable subsections of |
6 | | Section 39.5 of this Act. The filing of a request by |
7 | | the permittee for a permit modification, revocation |
8 | | and reissuance, or termination, or of a notification |
9 | | of planned changes or anticipated noncompliance does |
10 | | not stay any permit condition. |
11 | | iv. Property rights. The permit does not convey |
12 | | any property rights of any sort, or any exclusive |
13 | | privilege. |
14 | | v. Duty to provide information. The permittee |
15 | | shall furnish to the Agency within a reasonable time |
16 | | specified by the Agency any information that the |
17 | | Agency may request in writing to determine whether |
18 | | cause exists for modifying, revoking and reissuing, or |
19 | | terminating the permit or to determine compliance with |
20 | | the permit. Upon request, the permittee shall also |
21 | | furnish to the Agency copies of records required to be |
22 | | kept by the permit or, for information claimed to be |
23 | | confidential, the permittee may furnish such records |
24 | | directly to USEPA along with a claim of |
25 | | confidentiality. |
26 | | vi. Duty to pay fees. The permittee must pay fees |
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1 | | to the Agency consistent with the fee schedule |
2 | | approved pursuant to subsection 18 of this Section, |
3 | | and submit any information relevant thereto. |
4 | | vii. Emissions trading. No permit revision shall |
5 | | be required for increases in emissions allowed under |
6 | | any approved economic incentives, marketable permits, |
7 | | emissions trading, and other similar programs or |
8 | | processes for changes that are provided for in the |
9 | | permit and that are authorized by the applicable |
10 | | requirement. |
11 | | p. Each CAAPP permit issued under subsection 10 of |
12 | | this Section shall contain the following elements with |
13 | | respect to compliance: |
14 | | i. Compliance certification, testing, monitoring, |
15 | | reporting, and record keeping requirements sufficient |
16 | | to assure compliance with the terms and conditions of |
17 | | the permit. Any document (including reports) required |
18 | | by a CAAPP permit shall contain a certification by a |
19 | | responsible official that meets the requirements of |
20 | | subsection 5 of this Section and applicable |
21 | | regulations. |
22 | | ii. Inspection and entry requirements that |
23 | | necessitate that, upon presentation of credentials and |
24 | | other documents as may be required by law and in |
25 | | accordance with constitutional limitations, the |
26 | | permittee shall allow the Agency, or an authorized |
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1 | | representative to perform the following: |
2 | | A. Enter upon the permittee's premises where a |
3 | | CAAPP source is located or emissions-related |
4 | | activity is conducted, or where records must be |
5 | | kept under the conditions of the permit. |
6 | | B. Have access to and copy, at reasonable |
7 | | times, any records that must be kept under the |
8 | | conditions of the permit. |
9 | | C. Inspect at reasonable times any facilities, |
10 | | equipment (including monitoring and air pollution |
11 | | control equipment), practices, or operations |
12 | | regulated or required under the permit. |
13 | | D. Sample or monitor any substances or |
14 | | parameters at any location: |
15 | | 1. As authorized by the Clean Air Act, at |
16 | | reasonable times, for the purposes of assuring |
17 | | compliance with the CAAPP permit or applicable |
18 | | requirements; or |
19 | | 2. As otherwise authorized by this Act. |
20 | | iii. A schedule of compliance consistent with |
21 | | subsection 5 of this Section and applicable |
22 | | regulations. |
23 | | iv. Progress reports consistent with an applicable |
24 | | schedule of compliance pursuant to paragraph (d) of |
25 | | subsection 5 of this Section and applicable |
26 | | regulations to be submitted semiannually, or more |
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1 | | frequently if the Agency determines that such more |
2 | | frequent submittals are necessary for compliance with |
3 | | the Act or regulations promulgated by the Board |
4 | | thereunder. Such progress reports shall contain the |
5 | | following: |
6 | | A. Required dates for achieving the |
7 | | activities, milestones, or compliance required by |
8 | | the schedule of compliance and dates when such |
9 | | activities, milestones or compliance were |
10 | | achieved. |
11 | | B. An explanation of why any dates in the |
12 | | schedule of compliance were not or will not be |
13 | | met, and any preventive or corrective measures |
14 | | adopted. |
15 | | v. Requirements for compliance certification with |
16 | | terms and conditions contained in the permit, |
17 | | including emission limitations, standards, or work |
18 | | practices. Permits shall include each of the |
19 | | following: |
20 | | A. The frequency (annually or more frequently |
21 | | as specified in any applicable requirement or by |
22 | | the Agency pursuant to written procedures) of |
23 | | submissions of compliance certifications. |
24 | | B. A means for assessing or monitoring the |
25 | | compliance of the source with its emissions |
26 | | limitations, standards, and work practices. |
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1 | | C. A requirement that the compliance |
2 | | certification include the following: |
3 | | 1. The identification of each term or |
4 | | condition contained in the permit that is the |
5 | | basis of the certification. |
6 | | 2. The compliance status. |
7 | | 3. Whether compliance was continuous or |
8 | | intermittent. |
9 | | 4. The method(s) used for determining the |
10 | | compliance status of the source, both |
11 | | currently and over the reporting period |
12 | | consistent with subsection 7 of this Section. |
13 | | D. A requirement that all compliance |
14 | | certifications be submitted to the Agency. |
15 | | E. Additional requirements as may be specified |
16 | | pursuant to Sections 114(a)(3) and 504(b) of the |
17 | | Clean Air Act. |
18 | | F. Other provisions as the Agency may require. |
19 | | q. If the owner or operator of CAAPP source can |
20 | | demonstrate in its CAAPP application, including an |
21 | | application for a significant modification, that an |
22 | | alternative emission limit would be equivalent to that |
23 | | contained in the applicable Board regulations, the Agency |
24 | | shall include the alternative emission limit in the CAAPP |
25 | | permit, which shall supersede the emission limit set forth |
26 | | in the applicable Board regulations, and shall include |
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1 | | conditions that insure that the resulting emission limit |
2 | | is quantifiable, accountable, enforceable, and based on |
3 | | replicable procedures.
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4 | | 8. Public Notice; Affected State Review. |
5 | | a. The Agency shall provide notice to the public, |
6 | | including an opportunity for public comment and a hearing, |
7 | | on each draft CAAPP permit for issuance, renewal or |
8 | | significant modification, subject to Section 7.1 and |
9 | | subsection (a) of Section 7 of this Act. |
10 | | b. The Agency shall prepare a draft CAAPP permit and a |
11 | | statement that sets forth the legal and factual basis for |
12 | | the draft CAAPP permit conditions, including references to |
13 | | the applicable statutory or regulatory provisions. The |
14 | | Agency shall provide this statement to any person who |
15 | | requests it. |
16 | | c. The Agency shall give notice of each draft CAAPP |
17 | | permit to the applicant and to any affected State on or |
18 | | before the time that the Agency has provided notice to the |
19 | | public, except as otherwise provided in this Act. |
20 | | d. The Agency, as part of its submittal of a proposed |
21 | | permit to USEPA (or as soon as possible after the |
22 | | submittal for minor permit modification procedures allowed |
23 | | under subsection 14 of this Section), shall notify USEPA |
24 | | and any affected State in writing of any refusal of the |
25 | | Agency to accept all of the recommendations for the |
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1 | | proposed permit that an affected State submitted during |
2 | | the public or affected State review period. The notice |
3 | | shall include the Agency's reasons for not accepting the |
4 | | recommendations. The Agency is not required to accept |
5 | | recommendations that are not based on applicable |
6 | | requirements or the requirements of this Section. |
7 | | e. The Agency shall make available to the public any |
8 | | CAAPP permit application, compliance plan (including the |
9 | | schedule of compliance), CAAPP permit, and emissions or |
10 | | compliance monitoring report. If an owner or operator of a |
11 | | CAAPP source is required to submit information entitled to |
12 | | protection from disclosure under Section 7.1 and |
13 | | subsection (a) of Section 7 of this Act, the owner or |
14 | | operator shall submit such information separately. The |
15 | | requirements of Section 7.1 and subsection (a) of Section |
16 | | 7 of this Act shall apply to such information, which shall |
17 | | not be included in a CAAPP permit unless required by law. |
18 | | The contents of a CAAPP permit shall not be entitled to |
19 | | protection under Section 7.1 and subsection (a) of Section |
20 | | 7 of this Act. |
21 | | f. The Agency shall have the authority to adopt |
22 | | procedural rules, in accordance with the Illinois |
23 | | Administrative Procedure Act, as the Agency deems |
24 | | necessary, to implement this subsection. |
25 | | g. If requested by the permit applicant, the Agency |
26 | | shall provide the permit applicant with a copy of the |
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1 | | draft CAAPP permit prior to any public review period. If |
2 | | requested by the permit applicant, the Agency shall |
3 | | provide the permit applicant with a copy of the final |
4 | | CAAPP permit prior to issuance of the CAAPP permit.
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5 | | 9. USEPA Notice and Objection. |
6 | | a. The Agency shall provide to USEPA for its review a |
7 | | copy of each CAAPP application (including any application |
8 | | for permit modification), statement of basis as provided |
9 | | in paragraph (b) of subsection 8 of this Section, proposed |
10 | | CAAPP permit, CAAPP permit, and, if the Agency does not |
11 | | incorporate any affected State's recommendations on a |
12 | | proposed CAAPP permit, a written statement of this |
13 | | decision and its reasons for not accepting the |
14 | | recommendations, except as otherwise provided in this Act |
15 | | or by agreement with USEPA. To the extent practicable, the |
16 | | preceding information shall be provided in computer |
17 | | readable format compatible with USEPA's national database |
18 | | management system. |
19 | | b. The Agency shall not issue the proposed CAAPP |
20 | | permit if USEPA objects in writing within 45 days after |
21 | | receipt of the proposed CAAPP permit and all necessary |
22 | | supporting information. |
23 | | c. If USEPA objects in writing to the issuance of the |
24 | | proposed CAAPP permit within the 45-day period, the Agency |
25 | | shall respond in writing and may revise and resubmit the |
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1 | | proposed CAAPP permit in response to the stated objection, |
2 | | to the extent supported by the record, within 90 days |
3 | | after the date of the objection. Prior to submitting a |
4 | | revised permit to USEPA, the Agency shall provide the |
5 | | applicant and any person who participated in the public |
6 | | comment process, pursuant to subsection 8 of this Section, |
7 | | with a 10-day period to comment on any revision which the |
8 | | Agency is proposing to make to the permit in response to |
9 | | USEPA's objection in accordance with Agency procedures. |
10 | | d. Any USEPA objection under this subsection, |
11 | | according to the Clean Air Act, will include a statement |
12 | | of reasons for the objection and a description of the |
13 | | terms and conditions that must be in the permit, in order |
14 | | to adequately respond to the objections. Grounds for a |
15 | | USEPA objection include the failure of the Agency to: (1) |
16 | | submit the items and notices required under this |
17 | | subsection; (2) submit any other information necessary to |
18 | | adequately review the proposed CAAPP permit; or (3) |
19 | | process the permit under subsection 8 of this Section |
20 | | except for minor permit modifications. |
21 | | e. If USEPA does not object in writing to issuance of a |
22 | | permit under this subsection, any person may petition |
23 | | USEPA within 60 days after expiration of the 45-day review |
24 | | period to make such objection. |
25 | | f. If the permit has not yet been issued and USEPA |
26 | | objects to the permit as a result of a petition, the Agency |
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1 | | shall not issue the permit until USEPA's objection has |
2 | | been resolved. The Agency shall provide a 10-day comment |
3 | | period in accordance with paragraph c of this subsection. |
4 | | A petition does not, however, stay the effectiveness of a |
5 | | permit or its requirements if the permit was issued after |
6 | | expiration of the 45-day review period and prior to a |
7 | | USEPA objection. |
8 | | g. If the Agency has issued a permit after expiration |
9 | | of the 45-day review period and prior to receipt of a USEPA |
10 | | objection under this subsection in response to a petition |
11 | | submitted pursuant to paragraph e of this subsection, the |
12 | | Agency may, upon receipt of an objection from USEPA, |
13 | | revise and resubmit the permit to USEPA pursuant to this |
14 | | subsection after providing a 10-day comment period in |
15 | | accordance with paragraph c of this subsection. If the |
16 | | Agency fails to submit a revised permit in response to the |
17 | | objection, USEPA shall modify, terminate or revoke the |
18 | | permit. In any case, the source will not be in violation of |
19 | | the requirement to have submitted a timely and complete |
20 | | application. |
21 | | h. The Agency shall have the authority to adopt |
22 | | procedural rules, in accordance with the Illinois |
23 | | Administrative Procedure Act, as the Agency deems |
24 | | necessary, to implement this subsection.
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25 | | 10. Final Agency Action. |
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1 | | a. The Agency shall issue a CAAPP permit, permit |
2 | | modification, or permit renewal if all of the following |
3 | | conditions are met: |
4 | | i. The applicant has submitted a complete and |
5 | | certified application for a permit, permit |
6 | | modification, or permit renewal consistent with |
7 | | subsections 5 and 14 of this Section, as applicable, |
8 | | and applicable regulations. |
9 | | ii. The applicant has submitted with its complete |
10 | | application an approvable compliance plan, including a |
11 | | schedule for achieving compliance, consistent with |
12 | | subsection 5 of this Section and applicable |
13 | | regulations. |
14 | | iii. The applicant has timely paid the fees |
15 | | required pursuant to subsection 18 of this Section and |
16 | | applicable regulations. |
17 | | iv. The Agency has received a complete CAAPP |
18 | | application and, if necessary, has requested and |
19 | | received additional information from the applicant |
20 | | consistent with subsection 5 of this Section and |
21 | | applicable regulations. |
22 | | v. The Agency has complied with all applicable |
23 | | provisions regarding public notice and affected State |
24 | | review consistent with subsection 8 of this Section |
25 | | and applicable regulations. |
26 | | vi. The Agency has provided a copy of each CAAPP |
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1 | | application, or summary thereof, pursuant to agreement |
2 | | with USEPA and proposed CAAPP permit required under |
3 | | subsection 9 of this Section to USEPA, and USEPA has |
4 | | not objected to the issuance of the permit in |
5 | | accordance with the Clean Air Act and 40 CFR Part 70. |
6 | | b. The Agency shall have the authority to deny a CAAPP |
7 | | permit, permit modification, or permit renewal if the |
8 | | applicant has not complied with the requirements of |
9 | | subparagraphs (i) through (iv) of paragraph (a) of this |
10 | | subsection or if USEPA objects to its issuance. |
11 | | c. i. Prior to denial of a CAAPP permit, permit |
12 | | modification, or permit renewal under this Section, |
13 | | the Agency shall notify the applicant of the possible |
14 | | denial and the reasons for the denial. |
15 | | ii. Within such notice, the Agency shall specify |
16 | | an appropriate date by which the applicant shall |
17 | | adequately respond to the Agency's notice. Such date |
18 | | shall not exceed 15 days from the date the |
19 | | notification is received by the applicant. The Agency |
20 | | may grant a reasonable extension for good cause shown. |
21 | | iii. Failure by the applicant to adequately |
22 | | respond by the date specified in the notification or |
23 | | by any granted extension date shall be grounds for |
24 | | denial of the permit. |
25 | | For purposes of obtaining judicial review under |
26 | | Sections 40.2 and 41 of this Act, the Agency shall |
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1 | | provide to USEPA and each applicant, and, upon |
2 | | request, to affected States, any person who |
3 | | participated in the public comment process, and any |
4 | | other person who could obtain judicial review under |
5 | | Sections 40.2 and 41 of this Act, a copy of each CAAPP |
6 | | permit or notification of denial pertaining to that |
7 | | party. |
8 | | d. The Agency shall have the authority to adopt |
9 | | procedural rules, in accordance with the Illinois |
10 | | Administrative Procedure Act, as the Agency deems |
11 | | necessary, to implement this subsection.
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12 | | 11. General Permits. |
13 | | a. The Agency may issue a general permit covering |
14 | | numerous similar sources, except for affected sources for |
15 | | acid deposition unless otherwise provided in regulations |
16 | | promulgated under Title IV of the Clean Air Act. |
17 | | b. The Agency shall identify, in any general permit, |
18 | | criteria by which sources may qualify for the general |
19 | | permit. |
20 | | c. CAAPP sources that would qualify for a general |
21 | | permit must apply for coverage under the terms of the |
22 | | general permit or must apply for a CAAPP permit consistent |
23 | | with subsection 5 of this Section and applicable |
24 | | regulations. |
25 | | d. The Agency shall comply with the public comment and |
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1 | | hearing provisions of this Section as well as the USEPA |
2 | | and affected State review procedures prior to issuance of |
3 | | a general permit. |
4 | | e. When granting a subsequent request by a qualifying |
5 | | CAAPP source for coverage under the terms of a general |
6 | | permit, the Agency shall not be required to repeat the |
7 | | public notice and comment procedures. The granting of such |
8 | | request shall not be considered a final permit action for |
9 | | purposes of judicial review. |
10 | | f. The Agency may not issue a general permit to cover |
11 | | any discrete emission unit at a CAAPP source if another |
12 | | CAAPP permit covers emission units at the source. |
13 | | g. The Agency shall have the authority to adopt |
14 | | procedural rules, in accordance with the Illinois |
15 | | Administrative Procedure Act, as the Agency deems |
16 | | necessary, to implement this subsection.
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17 | | 12. Operational Flexibility. |
18 | | a. An owner or operator of a CAAPP source may make |
19 | | changes at the CAAPP source without requiring a prior |
20 | | permit revision, consistent with subparagraphs (i) through |
21 | | (iii) of paragraph (a) of this subsection, so long as the |
22 | | changes are not modifications under any provision of Title |
23 | | I of the Clean Air Act and they do not exceed the emissions |
24 | | allowable under the permit (whether expressed therein as a |
25 | | rate of emissions or in terms of total emissions), |
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1 | | provided that the owner or operator of the CAAPP source |
2 | | provides USEPA and the Agency with written notification as |
3 | | required below in advance of the proposed changes, which |
4 | | shall be a minimum of 7 days, unless otherwise provided by |
5 | | the Agency in applicable regulations regarding |
6 | | emergencies. The owner or operator of a CAAPP source and |
7 | | the Agency shall each attach such notice to their copy of |
8 | | the relevant permit. |
9 | | i. An owner or operator of a CAAPP source may make |
10 | | Section 502 (b) (10) changes without a permit |
11 | | revision, if the changes are not modifications under |
12 | | any provision of Title I of the Clean Air Act and the |
13 | | changes do not exceed the emissions allowable under |
14 | | the permit (whether expressed therein as a rate of |
15 | | emissions or in terms of total emissions). |
16 | | A. For each such change, the written |
17 | | notification required above shall include a brief |
18 | | description of the change within the source, the |
19 | | date on which the change will occur, any change in |
20 | | emissions, and any permit term or condition that |
21 | | is no longer applicable as a result of the change. |
22 | | B. The permit shield described in paragraph |
23 | | (j) of subsection 7 of this Section shall not |
24 | | apply to any change made pursuant to this |
25 | | subparagraph. |
26 | | ii. An owner or operator of a CAAPP source may |
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1 | | trade increases and decreases in emissions in the |
2 | | CAAPP source, where the applicable implementation plan |
3 | | provides for such emission trades without requiring a |
4 | | permit revision. This provision is available in those |
5 | | cases where the permit does not already provide for |
6 | | such emissions trading. |
7 | | A. Under this subparagraph (ii) of paragraph |
8 | | (a) of this subsection, the written notification |
9 | | required above shall include such information as |
10 | | may be required by the provision in the applicable |
11 | | implementation plan authorizing the emissions |
12 | | trade, including at a minimum, when the proposed |
13 | | changes will occur, a description of each such |
14 | | change, any change in emissions, the permit |
15 | | requirements with which the source will comply |
16 | | using the emissions trading provisions of the |
17 | | applicable implementation plan, and the pollutants |
18 | | emitted subject to the emissions trade. The notice |
19 | | shall also refer to the provisions in the |
20 | | applicable implementation plan with which the |
21 | | source will comply and provide for the emissions |
22 | | trade. |
23 | | B. The permit shield described in paragraph |
24 | | (j) of subsection 7 of this Section shall not |
25 | | apply to any change made pursuant to subparagraph |
26 | | (ii) of paragraph (a) of this subsection. |
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1 | | Compliance with the permit requirements that the |
2 | | source will meet using the emissions trade shall |
3 | | be determined according to the requirements of the |
4 | | applicable implementation plan authorizing the |
5 | | emissions trade. |
6 | | iii. If requested within a CAAPP application, the |
7 | | Agency shall issue a CAAPP permit which contains terms |
8 | | and conditions, including all terms required under |
9 | | subsection 7 of this Section to determine compliance, |
10 | | allowing for the trading of emissions increases and |
11 | | decreases at the CAAPP source solely for the purpose |
12 | | of complying with a federally-enforceable emissions |
13 | | cap that is established in the permit independent of |
14 | | otherwise applicable requirements. The owner or |
15 | | operator of a CAAPP source shall include in its CAAPP |
16 | | application proposed replicable procedures and permit |
17 | | terms that ensure the emissions trades are |
18 | | quantifiable and enforceable. The permit shall also |
19 | | require compliance with all applicable requirements. |
20 | | A. Under this subparagraph (iii) of paragraph |
21 | | (a), the written notification required above shall |
22 | | state when the change will occur and shall |
23 | | describe the changes in emissions that will result |
24 | | and how these increases and decreases in emissions |
25 | | will comply with the terms and conditions of the |
26 | | permit. |
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1 | | B. The permit shield described in paragraph |
2 | | (j) of subsection 7 of this Section shall extend |
3 | | to terms and conditions that allow such increases |
4 | | and decreases in emissions. |
5 | | b. An owner or operator of a CAAPP source may make |
6 | | changes that are not addressed or prohibited by the |
7 | | permit, other than those which are subject to any |
8 | | requirements under Title IV of the Clean Air Act or are |
9 | | modifications under any provisions of Title I of the Clean |
10 | | Air Act, without a permit revision, in accordance with the |
11 | | following requirements: |
12 | | (i) Each such change shall meet all applicable |
13 | | requirements and shall not violate any existing permit |
14 | | term or condition; |
15 | | (ii) Sources must provide contemporaneous written |
16 | | notice to the Agency and USEPA of each such change, |
17 | | except for changes that qualify as insignificant under |
18 | | provisions adopted by the Agency or the Board. Such |
19 | | written notice shall describe each such change, |
20 | | including the date, any change in emissions, |
21 | | pollutants emitted, and any applicable requirement |
22 | | that would apply as a result of the change; |
23 | | (iii) The change shall not qualify for the shield |
24 | | described in paragraph (j) of subsection 7 of this |
25 | | Section; and |
26 | | (iv) The permittee shall keep a record describing |
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1 | | changes made at the source that result in emissions of |
2 | | a regulated air pollutant subject to an applicable |
3 | | Clean Air Act requirement, but not otherwise regulated |
4 | | under the permit, and the emissions resulting from |
5 | | those changes. |
6 | | c. The Agency shall have the authority to adopt |
7 | | procedural rules, in accordance with the Illinois |
8 | | Administrative Procedure Act, as the Agency deems |
9 | | necessary to implement this subsection.
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10 | | 13. Administrative Permit Amendments. |
11 | | a. The Agency shall take final action on a request for |
12 | | an administrative permit amendment within 60 days after |
13 | | receipt of the request. Neither notice nor an opportunity |
14 | | for public and affected State comment shall be required |
15 | | for the Agency to incorporate such revisions, provided it |
16 | | designates the permit revisions as having been made |
17 | | pursuant to this subsection. |
18 | | b. The Agency shall submit a copy of the revised |
19 | | permit to USEPA. |
20 | | c. For purposes of this Section the term |
21 | | "administrative permit amendment" shall be defined as a |
22 | | permit revision that can accomplish one or more of the |
23 | | changes described below: |
24 | | i. Corrects typographical errors; |
25 | | ii. Identifies a change in the name, address, or |
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1 | | phone number of any person identified in the permit, |
2 | | or provides a similar minor administrative change at |
3 | | the source; |
4 | | iii. Requires more frequent monitoring or |
5 | | reporting by the permittee; |
6 | | iv. Allows for a change in ownership or |
7 | | operational control of a source where the Agency |
8 | | determines that no other change in the permit is |
9 | | necessary, provided that a written agreement |
10 | | containing a specific date for transfer of permit |
11 | | responsibility, coverage, and liability between the |
12 | | current and new permittees has been submitted to the |
13 | | Agency; |
14 | | v. Incorporates into the CAAPP permit the |
15 | | requirements from preconstruction review permits |
16 | | authorized under a USEPA-approved program, provided |
17 | | the program meets procedural and compliance |
18 | | requirements substantially equivalent to those |
19 | | contained in this Section; |
20 | | vi. (Blank); or |
21 | | vii. Any other type of change which USEPA has |
22 | | determined as part of the approved CAAPP permit |
23 | | program to be similar to those included in this |
24 | | subsection. |
25 | | d. The Agency shall, upon taking final action granting |
26 | | a request for an administrative permit amendment, allow |
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1 | | coverage by the permit shield in paragraph (j) of |
2 | | subsection 7 of this Section for administrative permit |
3 | | amendments made pursuant to subparagraph (v) of paragraph |
4 | | (c) of this subsection which meet the relevant |
5 | | requirements for significant permit modifications. |
6 | | e. Permit revisions and modifications, including |
7 | | administrative amendments and automatic amendments |
8 | | (pursuant to Sections 408(b) and 403(d) of the Clean Air |
9 | | Act or regulations promulgated thereunder), for purposes |
10 | | of the acid rain portion of the permit shall be governed by |
11 | | the regulations promulgated under Title IV of the Clean |
12 | | Air Act. Owners or operators of affected sources for acid |
13 | | deposition shall have the flexibility to amend their |
14 | | compliance plans as provided in the regulations |
15 | | promulgated under Title IV of the Clean Air Act. |
16 | | f. The CAAPP source may implement the changes |
17 | | addressed in the request for an administrative permit |
18 | | amendment immediately upon submittal of the request. |
19 | | g. The Agency shall have the authority to adopt |
20 | | procedural rules, in accordance with the Illinois |
21 | | Administrative Procedure Act, as the Agency deems |
22 | | necessary, to implement this subsection.
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23 | | 14. Permit Modifications. |
24 | | a. Minor permit modification procedures. |
25 | | i. The Agency shall review a permit modification |
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1 | | using the "minor permit" modification procedures only |
2 | | for those permit modifications that: |
3 | | A. Do not violate any applicable requirement; |
4 | | B. Do not involve significant changes to |
5 | | existing monitoring, reporting, or recordkeeping |
6 | | requirements in the permit; |
7 | | C. Do not require a case-by-case determination |
8 | | of an emission limitation or other standard, or a |
9 | | source-specific determination of ambient impacts, |
10 | | or a visibility or increment analysis; |
11 | | D. Do not seek to establish or change a permit |
12 | | term or condition for which there is no |
13 | | corresponding underlying requirement and which |
14 | | avoids an applicable requirement to which the |
15 | | source would otherwise be subject. Such terms and |
16 | | conditions include: |
17 | | 1. A federally enforceable emissions cap |
18 | | assumed to avoid classification as a |
19 | | modification under any provision of Title I of |
20 | | the Clean Air Act; and |
21 | | 2. An alternative emissions limit approved |
22 | | pursuant to regulations promulgated under |
23 | | Section 112(i)(5) of the Clean Air Act; |
24 | | E. Are not modifications under any provision |
25 | | of Title I of the Clean Air Act; and |
26 | | F. Are not required to be processed as a |
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1 | | significant modification. |
2 | | ii. Notwithstanding subparagraph (i) of paragraph |
3 | | (a) and subparagraph (ii) of paragraph (b) of this |
4 | | subsection, minor permit modification procedures may |
5 | | be used for permit modifications involving the use of |
6 | | economic incentives, marketable permits, emissions |
7 | | trading, and other similar approaches, to the extent |
8 | | that such minor permit modification procedures are |
9 | | explicitly provided for in an applicable |
10 | | implementation plan or in applicable requirements |
11 | | promulgated by USEPA. |
12 | | iii. An applicant requesting the use of minor |
13 | | permit modification procedures shall meet the |
14 | | requirements of subsection 5 of this Section and shall |
15 | | include the following in its application: |
16 | | A. A description of the change, the emissions |
17 | | resulting from the change, and any new applicable |
18 | | requirements that will apply if the change occurs; |
19 | | B. The source's suggested draft permit; |
20 | | C. Certification by a responsible official, |
21 | | consistent with paragraph (e) of subsection 5 of |
22 | | this Section and applicable regulations, that the |
23 | | proposed modification meets the criteria for use |
24 | | of minor permit modification procedures and a |
25 | | request that such procedures be used; and |
26 | | D. Completed forms for the Agency to use to |
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1 | | notify USEPA and affected States as required under |
2 | | subsections 8 and 9 of this Section. |
3 | | iv. Within 5 working days after receipt of a |
4 | | complete permit modification application, the Agency |
5 | | shall notify USEPA and affected States of the |
6 | | requested permit modification in accordance with |
7 | | subsections 8 and 9 of this Section. The Agency |
8 | | promptly shall send any notice required under |
9 | | paragraph (d) of subsection 8 of this Section to |
10 | | USEPA. |
11 | | v. The Agency may not issue a final permit |
12 | | modification until after the 45-day review period for |
13 | | USEPA or until USEPA has notified the Agency that |
14 | | USEPA will not object to the issuance of the permit |
15 | | modification, whichever comes first, although the |
16 | | Agency can approve the permit modification prior to |
17 | | that time. Within 90 days after the Agency's receipt |
18 | | of an application under the minor permit modification |
19 | | procedures or 15 days after the end of USEPA's 45-day |
20 | | review period under subsection 9 of this Section, |
21 | | whichever is later, the Agency shall: |
22 | | A. Issue the permit modification as proposed; |
23 | | B. Deny the permit modification application; |
24 | | C. Determine that the requested modification |
25 | | does not meet the minor permit modification |
26 | | criteria and should be reviewed under the |
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1 | | significant modification procedures; or |
2 | | D. Revise the draft permit modification and |
3 | | transmit to USEPA the new proposed permit |
4 | | modification as required by subsection 9 of this |
5 | | Section. |
6 | | vi. Any CAAPP source may make the change proposed |
7 | | in its minor permit modification application |
8 | | immediately after it files such application. After the |
9 | | CAAPP source makes the change allowed by the preceding |
10 | | sentence, and until the Agency takes any of the |
11 | | actions specified in items (A) through (C) of |
12 | | subparagraph (v) of paragraph (a) of this subsection, |
13 | | the source must comply with both the applicable |
14 | | requirements governing the change and the proposed |
15 | | permit terms and conditions. During this time period, |
16 | | the source need not comply with the existing permit |
17 | | terms and conditions it seeks to modify. If the source |
18 | | fails to comply with its proposed permit terms and |
19 | | conditions during this time period, the existing |
20 | | permit terms and conditions which it seeks to modify |
21 | | may be enforced against it. |
22 | | vii. The permit shield under paragraph (j) of |
23 | | subsection 7 of this Section may not extend to minor |
24 | | permit modifications. |
25 | | viii. If a construction permit is required, |
26 | | pursuant to subsection (a) of Section 39 of this Act |
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1 | | and regulations thereunder, for a change for which the |
2 | | minor permit modification procedures are applicable, |
3 | | the source may request that the processing of the |
4 | | construction permit application be consolidated with |
5 | | the processing of the application for the minor permit |
6 | | modification. In such cases, the provisions of this |
7 | | Section, including those within subsections 5, 8, and |
8 | | 9, shall apply and the Agency shall act on such |
9 | | applications pursuant to subparagraph (v) of paragraph |
10 | | (a) of subsection 14 of this Section. The source may |
11 | | make the proposed change immediately after filing its |
12 | | application for the minor permit modification. Nothing |
13 | | in this subparagraph shall otherwise affect the |
14 | | requirements and procedures applicable to construction |
15 | | permits. |
16 | | b. Group Processing of Minor Permit Modifications. |
17 | | i. Where requested by an applicant within its |
18 | | application, the Agency shall process groups of a |
19 | | source's applications for certain modifications |
20 | | eligible for minor permit modification processing in |
21 | | accordance with the provisions of this paragraph (b). |
22 | | ii. Permit modifications may be processed in |
23 | | accordance with the procedures for group processing, |
24 | | for those modifications: |
25 | | A. Which meet the criteria for minor permit |
26 | | modification procedures under subparagraph (i) of |
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1 | | paragraph (a) of subsection 14 of this Section; |
2 | | and |
3 | | B. That collectively are below 10 percent of |
4 | | the emissions allowed by the permit for the |
5 | | emissions unit for which change is requested, 20 |
6 | | percent of the applicable definition of major |
7 | | source set forth in subsection 2 of this Section, |
8 | | or 5 tons per year, whichever is least. |
9 | | iii. An applicant requesting the use of group |
10 | | processing procedures shall meet the requirements of |
11 | | subsection 5 of this Section and shall include the |
12 | | following in its application: |
13 | | A. A description of the change, the emissions |
14 | | resulting from the change, and any new applicable |
15 | | requirements that will apply if the change occurs. |
16 | | B. The source's suggested draft permit. |
17 | | C. Certification by a responsible official |
18 | | consistent with paragraph (e) of subsection 5 of |
19 | | this Section, that the proposed modification meets |
20 | | the criteria for use of group processing |
21 | | procedures and a request that such procedures be |
22 | | used. |
23 | | D. A list of the source's other pending |
24 | | applications awaiting group processing, and a |
25 | | determination of whether the requested |
26 | | modification, aggregated with these other |
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1 | | applications, equals or exceeds the threshold set |
2 | | under item (B) of subparagraph (ii) of paragraph |
3 | | (b) of this subsection. |
4 | | E. Certification, consistent with paragraph |
5 | | (e) of subsection 5 of this Section, that the |
6 | | source has notified USEPA of the proposed |
7 | | modification. Such notification need only contain |
8 | | a brief description of the requested modification. |
9 | | F. Completed forms for the Agency to use to |
10 | | notify USEPA and affected states as required under |
11 | | subsections 8 and 9 of this Section. |
12 | | iv. On a quarterly basis or within 5 business days |
13 | | after receipt of an application demonstrating that the |
14 | | aggregate of a source's pending applications equals or |
15 | | exceeds the threshold level set forth within item (B) |
16 | | of subparagraph (ii) of paragraph (b) of this |
17 | | subsection, whichever is earlier, the Agency shall |
18 | | promptly notify USEPA and affected States of the |
19 | | requested permit modifications in accordance with |
20 | | subsections 8 and 9 of this Section. The Agency shall |
21 | | send any notice required under paragraph (d) of |
22 | | subsection 8 of this Section to USEPA. |
23 | | v. The provisions of subparagraph (v) of paragraph |
24 | | (a) of this subsection shall apply to modifications |
25 | | eligible for group processing, except that the Agency |
26 | | shall take one of the actions specified in items (A) |
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1 | | through (D) of subparagraph (v) of paragraph (a) of |
2 | | this subsection within 180 days after receipt of the |
3 | | application or 15 days after the end of USEPA's 45-day |
4 | | review period under subsection 9 of this Section, |
5 | | whichever is later. |
6 | | vi. The provisions of subparagraph (vi) of |
7 | | paragraph (a) of this subsection shall apply to |
8 | | modifications for group processing. |
9 | | vii. The provisions of paragraph (j) of subsection |
10 | | 7 of this Section shall not apply to modifications |
11 | | eligible for group processing. |
12 | | c. Significant Permit Modifications. |
13 | | i. Significant modification procedures shall be |
14 | | used for applications requesting significant permit |
15 | | modifications and for those applications that do not |
16 | | qualify as either minor permit modifications or as |
17 | | administrative permit amendments. |
18 | | ii. Every significant change in existing |
19 | | monitoring permit terms or conditions and every |
20 | | relaxation of reporting or recordkeeping requirements |
21 | | shall be considered significant. A modification shall |
22 | | also be considered significant if in the judgment of |
23 | | the Agency action on an application for modification |
24 | | would require decisions to be made on technically |
25 | | complex issues. Nothing herein shall be construed to |
26 | | preclude the permittee from making changes consistent |
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1 | | with this Section that would render existing permit |
2 | | compliance terms and conditions irrelevant. |
3 | | iii. Significant permit modifications must meet |
4 | | all the requirements of this Section, including those |
5 | | for applications (including completeness review), |
6 | | public participation, review by affected States, and |
7 | | review by USEPA applicable to initial permit issuance |
8 | | and permit renewal. The Agency shall take final action |
9 | | on significant permit modifications within 9 months |
10 | | after receipt of a complete application. |
11 | | d. The Agency shall have the authority to adopt |
12 | | procedural rules, in accordance with the Illinois |
13 | | Administrative Procedure Act, as the Agency deems |
14 | | necessary, to implement this subsection.
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15 | | 15. Reopenings for Cause by the Agency. |
16 | | a. Each issued CAAPP permit shall include provisions |
17 | | specifying the conditions under which the permit will be |
18 | | reopened prior to the expiration of the permit. Such |
19 | | revisions shall be made as expeditiously as practicable. A |
20 | | CAAPP permit shall be reopened and revised under any of |
21 | | the following circumstances, in accordance with procedures |
22 | | adopted by the Agency: |
23 | | i. Additional requirements under the Clean Air Act |
24 | | become applicable to a major CAAPP source for which 3 |
25 | | or more years remain on the original term of the |
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1 | | permit. Such a reopening shall be completed not later |
2 | | than 18 months after the promulgation of the |
3 | | applicable requirement. No such revision is required |
4 | | if the effective date of the requirement is later than |
5 | | the date on which the permit is due to expire. |
6 | | ii. Additional requirements (including excess |
7 | | emissions requirements) become applicable to an |
8 | | affected source for acid deposition under the acid |
9 | | rain program. Excess emissions offset plans shall be |
10 | | deemed to be incorporated into the permit upon |
11 | | approval by USEPA. |
12 | | iii. The Agency or USEPA determines that the |
13 | | permit contains a material mistake or that inaccurate |
14 | | statements were made in establishing the emissions |
15 | | standards, limitations, or other terms or conditions |
16 | | of the permit. |
17 | | iv. The Agency or USEPA determines that the permit |
18 | | must be revised or revoked to assure compliance with |
19 | | the applicable requirements. |
20 | | b. In the event that the Agency determines that there |
21 | | are grounds for revoking a CAAPP permit, for cause, |
22 | | consistent with paragraph a of this subsection, it shall |
23 | | file a petition before the Board setting forth the basis |
24 | | for such revocation. In any such proceeding, the Agency |
25 | | shall have the burden of establishing that the permit |
26 | | should be revoked under the standards set forth in this |
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1 | | Act and the Clean Air Act. Any such proceeding shall be |
2 | | conducted pursuant to the Board's procedures for |
3 | | adjudicatory hearings and the Board shall render its |
4 | | decision within 120 days of the filing of the petition. |
5 | | The Agency shall take final action to revoke and reissue a |
6 | | CAAPP permit consistent with the Board's order. |
7 | | c. Proceedings regarding a reopened CAAPP permit shall |
8 | | follow the same procedures as apply to initial permit |
9 | | issuance and shall affect only those parts of the permit |
10 | | for which cause to reopen exists. |
11 | | d. Reopenings under paragraph (a) of this subsection |
12 | | shall not be initiated before a notice of such intent is |
13 | | provided to the CAAPP source by the Agency at least 30 days |
14 | | in advance of the date that the permit is to be reopened, |
15 | | except that the Agency may provide a shorter time period |
16 | | in the case of an emergency. |
17 | | e. The Agency shall have the authority to adopt |
18 | | procedural rules, in accordance with the Illinois |
19 | | Administrative Procedure Act, as the Agency deems |
20 | | necessary, to implement this subsection.
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21 | | 16. Reopenings for Cause by USEPA. |
22 | | a. When USEPA finds that cause exists to terminate, |
23 | | modify, or revoke and reissue a CAAPP permit pursuant to |
24 | | subsection 15 of this Section, and thereafter notifies the |
25 | | Agency and the permittee of such finding in writing, the |
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1 | | Agency shall forward to USEPA and the permittee a proposed |
2 | | determination of termination, modification, or revocation |
3 | | and reissuance as appropriate, in accordance with |
4 | | paragraph (b) of this subsection. The Agency's proposed |
5 | | determination shall be in accordance with the record, the |
6 | | Clean Air Act, regulations promulgated thereunder, this |
7 | | Act and regulations promulgated thereunder. Such proposed |
8 | | determination shall not affect the permit or constitute a |
9 | | final permit action for purposes of this Act or the |
10 | | Administrative Review Law. The Agency shall forward to |
11 | | USEPA such proposed determination within 90 days after |
12 | | receipt of the notification from USEPA. If additional time |
13 | | is necessary to submit the proposed determination, the |
14 | | Agency shall request a 90-day extension from USEPA and |
15 | | shall submit the proposed determination within 180 days |
16 | | after receipt of notification from USEPA. |
17 | | b. i. Prior to the Agency's submittal to USEPA of a |
18 | | proposed determination to terminate or revoke and |
19 | | reissue the permit, the Agency shall file a petition |
20 | | before the Board setting forth USEPA's objection, the |
21 | | permit record, the Agency's proposed determination, |
22 | | and the justification for its proposed determination. |
23 | | The Board shall conduct a hearing pursuant to the |
24 | | rules prescribed by Section 32 of this Act, and the |
25 | | burden of proof shall be on the Agency. |
26 | | ii. After due consideration of the written and |
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1 | | oral statements, the testimony and arguments that |
2 | | shall be submitted at hearing, the Board shall issue |
3 | | and enter an interim order for the proposed |
4 | | determination, which shall set forth all changes, if |
5 | | any, required in the Agency's proposed determination. |
6 | | The interim order shall comply with the requirements |
7 | | for final orders as set forth in Section 33 of this |
8 | | Act. Issuance of an interim order by the Board under |
9 | | this paragraph, however, shall not affect the permit |
10 | | status and does not constitute a final action for |
11 | | purposes of this Act or the Administrative Review Law. |
12 | | iii. The Board shall cause a copy of its interim |
13 | | order to be served upon all parties to the proceeding |
14 | | as well as upon USEPA. The Agency shall submit the |
15 | | proposed determination to USEPA in accordance with the |
16 | | Board's Interim Order within 180 days after receipt of |
17 | | the notification from USEPA. |
18 | | c. USEPA shall review the proposed determination to |
19 | | terminate, modify, or revoke and reissue the permit within |
20 | | 90 days after receipt. |
21 | | i. When USEPA reviews the proposed determination |
22 | | to terminate or revoke and reissue and does not |
23 | | object, the Board shall, within 7 days after receipt |
24 | | of USEPA's final approval, enter the interim order as |
25 | | a final order. The final order may be appealed as |
26 | | provided by Title XI of this Act. The Agency shall take |
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1 | | final action in accordance with the Board's final |
2 | | order. |
3 | | ii. When USEPA reviews such proposed determination |
4 | | to terminate or revoke and reissue and objects, the |
5 | | Agency shall submit USEPA's objection and the Agency's |
6 | | comments and recommendation on the objection to the |
7 | | Board and permittee. The Board shall review its |
8 | | interim order in response to USEPA's objection and the |
9 | | Agency's comments and recommendation and issue a final |
10 | | order in accordance with Sections 32 and 33 of this |
11 | | Act. The Agency shall, within 90 days after receipt of |
12 | | such objection, respond to USEPA's objection in |
13 | | accordance with the Board's final order. |
14 | | iii. When USEPA reviews such proposed |
15 | | determination to modify and objects, the Agency shall, |
16 | | within 90 days after receipt of the objection, resolve |
17 | | the objection and modify the permit in accordance with |
18 | | USEPA's objection, based upon the record, the Clean |
19 | | Air Act, regulations promulgated thereunder, this Act, |
20 | | and regulations promulgated thereunder. |
21 | | d. If the Agency fails to submit the proposed |
22 | | determination pursuant to paragraph a of this subsection |
23 | | or fails to resolve any USEPA objection pursuant to |
24 | | paragraph c of this subsection, USEPA will terminate, |
25 | | modify, or revoke and reissue the permit. |
26 | | e. The Agency shall have the authority to adopt |
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1 | | procedural rules, in accordance with the Illinois |
2 | | Administrative Procedure Act, as the Agency deems |
3 | | necessary, to implement this subsection.
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4 | | 17. Title IV; Acid Rain Provisions. |
5 | | a. The Agency shall act on initial CAAPP applications |
6 | | for affected sources for acid deposition in accordance |
7 | | with this Section and Title V of the Clean Air Act and |
8 | | regulations promulgated thereunder, except as modified by |
9 | | Title IV of the Clean Air Act and regulations promulgated |
10 | | thereunder. The Agency shall issue initial CAAPP permits |
11 | | to the affected sources for acid deposition which shall |
12 | | become effective no earlier than January 1, 1995, and |
13 | | which shall terminate on December 31, 1999, in accordance |
14 | | with this Section. Subsequent CAAPP permits issued to |
15 | | affected sources for acid deposition shall be issued for a |
16 | | fixed term of 5 years. Title IV of the Clean Air Act and |
17 | | regulations promulgated thereunder, including but not |
18 | | limited to 40 C.F.R. Part 72, as now or hereafter amended, |
19 | | are applicable to and enforceable under this Act. |
20 | | b. A designated representative of an affected source |
21 | | for acid deposition shall submit a timely and complete |
22 | | Phase II acid rain permit application and compliance plan |
23 | | to the Agency, not later than January 1, 1996, that meets |
24 | | the requirements of Titles IV and V of the Clean Air Act |
25 | | and regulations. The Agency shall act on the Phase II acid |
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1 | | rain permit application and compliance plan in accordance |
2 | | with this Section and Title V of the Clean Air Act and |
3 | | regulations promulgated thereunder, except as modified by |
4 | | Title IV of the Clean Air Act and regulations promulgated |
5 | | thereunder. The Agency shall issue the Phase II acid rain |
6 | | permit to an affected source for acid deposition no later |
7 | | than December 31, 1997, which shall become effective on |
8 | | January 1, 2000, in accordance with this Section, except |
9 | | as modified by Title IV and regulations promulgated |
10 | | thereunder; provided that the designated representative of |
11 | | the source submitted a timely and complete Phase II permit |
12 | | application and compliance plan to the Agency that meets |
13 | | the requirements of Title IV and V of the Clean Air Act and |
14 | | regulations. |
15 | | c. Each Phase II acid rain permit issued in accordance |
16 | | with this subsection shall have a fixed term of 5 years. |
17 | | Except as provided in paragraph b above, the Agency shall |
18 | | issue or deny a Phase II acid rain permit within 18 months |
19 | | of receiving a complete Phase II permit application and |
20 | | compliance plan. |
21 | | d. A designated representative of a new unit, as |
22 | | defined in Section 402 of the Clean Air Act, shall submit a |
23 | | timely and complete Phase II acid rain permit application |
24 | | and compliance plan that meets the requirements of Titles |
25 | | IV and V of the Clean Air Act and its regulations. The |
26 | | Agency shall act on the new unit's Phase II acid rain |
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1 | | permit application and compliance plan in accordance with |
2 | | this Section and Title V of the Clean Air Act and its |
3 | | regulations, except as modified by Title IV of the Clean |
4 | | Air Act and its regulations. The Agency shall reopen the |
5 | | new unit's CAAPP permit for cause to incorporate the |
6 | | approved Phase II acid rain permit in accordance with this |
7 | | Section. The Phase II acid rain permit for the new unit |
8 | | shall become effective no later than the date required |
9 | | under Title IV of the Clean Air Act and its regulations. |
10 | | e. A designated representative of an affected source |
11 | | for acid deposition shall submit a timely and complete |
12 | | Title IV NOx permit application to the Agency, not later |
13 | | than January 1, 1998, that meets the requirements of |
14 | | Titles IV and V of the Clean Air Act and its regulations. |
15 | | The Agency shall reopen the Phase II acid rain permit for |
16 | | cause and incorporate the approved NOx provisions into the |
17 | | Phase II acid rain permit not later than January 1, 1999, |
18 | | in accordance with this Section, except as modified by |
19 | | Title IV of the Clean Air Act and regulations promulgated |
20 | | thereunder. Such reopening shall not affect the term of |
21 | | the Phase II acid rain permit. |
22 | | f. The designated representative of the affected |
23 | | source for acid deposition shall renew the initial CAAPP |
24 | | permit and Phase II acid rain permit in accordance with |
25 | | this Section and Title V of the Clean Air Act and |
26 | | regulations promulgated thereunder, except as modified by |
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1 | | Title IV of the Clean Air Act and regulations promulgated |
2 | | thereunder. |
3 | | g. In the case of an affected source for acid |
4 | | deposition for which a complete Phase II acid rain permit |
5 | | application and compliance plan are timely received under |
6 | | this subsection, the complete permit application and |
7 | | compliance plan, including amendments thereto, shall be |
8 | | binding on the owner, operator and designated |
9 | | representative, all affected units for acid deposition at |
10 | | the affected source, and any other unit, as defined in |
11 | | Section 402 of the Clean Air Act, governed by the Phase II |
12 | | acid rain permit application and shall be enforceable as |
13 | | an acid rain permit for purposes of Titles IV and V of the |
14 | | Clean Air Act, from the date of submission of the acid rain |
15 | | permit application until a Phase II acid rain permit is |
16 | | issued or denied by the Agency. |
17 | | h. The Agency shall not include or implement any |
18 | | measure which would interfere with or modify the |
19 | | requirements of Title IV of the Clean Air Act or |
20 | | regulations promulgated thereunder. |
21 | | i. Nothing in this Section shall be construed as |
22 | | affecting allowances or USEPA's decision regarding an |
23 | | excess emissions offset plan, as set forth in Title IV of |
24 | | the Clean Air Act or regulations promulgated thereunder. |
25 | | i. No permit revision shall be required for |
26 | | increases in emissions that are authorized by |
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1 | | allowances acquired pursuant to the acid rain program, |
2 | | provided that such increases do not require a permit |
3 | | revision under any other applicable requirement. |
4 | | ii. No limit shall be placed on the number of |
5 | | allowances held by the source. The source may not, |
6 | | however, use allowances as a defense to noncompliance |
7 | | with any other applicable requirement. |
8 | | iii. Any such allowance shall be accounted for |
9 | | according to the procedures established in regulations |
10 | | promulgated under Title IV of the Clean Air Act. |
11 | | j. To the extent that the federal regulations |
12 | | promulgated under Title IV, including but not limited to |
13 | | 40 C.F.R. Part 72, as now or hereafter amended, are |
14 | | inconsistent with the federal regulations promulgated |
15 | | under Title V, the federal regulations promulgated under |
16 | | Title IV shall take precedence. |
17 | | k. The USEPA may intervene as a matter of right in any |
18 | | permit appeal involving a Phase II acid rain permit |
19 | | provision or denial of a Phase II acid rain permit. |
20 | | l. It is unlawful for any owner or operator to violate |
21 | | any terms or conditions of a Phase II acid rain permit |
22 | | issued under this subsection, to operate any affected |
23 | | source for acid deposition except in compliance with a |
24 | | Phase II acid rain permit issued by the Agency under this |
25 | | subsection, or to violate any other applicable |
26 | | requirements. |
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1 | | m. The designated representative of an affected source |
2 | | for acid deposition shall submit to the Agency the data |
3 | | and information submitted quarterly to USEPA, pursuant to |
4 | | 40 CFR 75.64, concurrently with the submission to USEPA. |
5 | | The submission shall be in the same electronic format as |
6 | | specified by USEPA. |
7 | | n. The Agency shall act on any petition for exemption |
8 | | of a new unit or retired unit, as those terms are defined |
9 | | in Section 402 of the Clean Air Act, from the requirements |
10 | | of the acid rain program in accordance with Title IV of the |
11 | | Clean Air Act and its regulations. |
12 | | o. The Agency shall have the authority to adopt |
13 | | procedural rules, in accordance with the Illinois |
14 | | Administrative Procedure Act, as the Agency deems |
15 | | necessary to implement this subsection.
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16 | | 18. Fee Provisions. |
17 | | a. A source subject to this Section or excluded under |
18 | | subsection 1.1 or paragraph (c) of subsection 3 of this |
19 | | Section, shall pay a fee as provided in this paragraph (a) |
20 | | of subsection 18. However, a source that has been excluded |
21 | | from the provisions of this Section under subsection 1.1 |
22 | | or under paragraph (c) of subsection 3 of this Section |
23 | | because the source emits less than 25 tons per year of any |
24 | | combination of regulated air pollutants, except greenhouse |
25 | | gases, shall pay fees in accordance with paragraph (1) of |
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1 | | subsection (b) of Section 9.6. |
2 | | i. The fee for a source allowed to emit less than |
3 | | 100 tons per year of any combination of regulated air |
4 | | pollutants, except greenhouse gases, shall be $1,800 |
5 | | per year, and that fee shall increase, beginning |
6 | | January 1, 2012, to $2,150 per year. |
7 | | ii. The fee for a source allowed to emit 100 tons |
8 | | or more per year of any combination of regulated air |
9 | | pollutants, except greenhouse gases and those |
10 | | regulated air pollutants excluded in paragraph (f) of |
11 | | this subsection 18, shall be as follows: |
12 | | A. The Agency shall assess a fee of $18 per |
13 | | ton, per year for the allowable emissions of |
14 | | regulated air pollutants subject to this |
15 | | subparagraph (ii) of paragraph (a) of subsection |
16 | | 18, and that fee shall increase, beginning January |
17 | | 1, 2012, to $21.50 per ton, per year. These fees |
18 | | shall be used by the Agency and the Board to fund |
19 | | the activities required by Title V of the Clean |
20 | | Air Act including such activities as may be |
21 | | carried out by other State or local agencies |
22 | | pursuant to paragraph (d) of this subsection. The |
23 | | amount of such fee shall be based on the |
24 | | information supplied by the applicant in its |
25 | | complete CAAPP permit application or in the CAAPP |
26 | | permit if the permit has been granted and shall be |
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1 | | determined by the amount of emissions that the |
2 | | source is allowed to emit annually, provided |
3 | | however, that the maximum fee for a CAAPP permit |
4 | | under this subparagraph (ii) of paragraph (a) of |
5 | | subsection 18 is $250,000, and increases, |
6 | | beginning January 1, 2012, to $294,000. Beginning |
7 | | January 1, 2012, the maximum fee under this |
8 | | subparagraph (ii) of paragraph (a) of subsection |
9 | | 18 for a source that has been excluded under |
10 | | subsection 1.1 of this Section or under paragraph |
11 | | (c) of subsection 3 of this Section is $4,112. The |
12 | | Agency shall provide as part of the permit |
13 | | application form required under subsection 5 of |
14 | | this Section a separate fee calculation form which |
15 | | will allow the applicant to identify the allowable |
16 | | emissions and calculate the fee. In no event shall |
17 | | the Agency raise the amount of allowable emissions |
18 | | requested by the applicant unless such increases |
19 | | are required to demonstrate compliance with terms |
20 | | of a CAAPP permit. |
21 | | Notwithstanding the above, any applicant may |
22 | | seek a change in its permit which would result in |
23 | | increases in allowable emissions due to an |
24 | | increase in the hours of operation or production |
25 | | rates of an emission unit or units and such a |
26 | | change shall be consistent with the construction |
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1 | | permit requirements of the existing State permit |
2 | | program, under subsection (a) of Section 39 of |
3 | | this Act and applicable provisions of this |
4 | | Section. Where a construction permit is required, |
5 | | the Agency shall expeditiously grant such |
6 | | construction permit and shall, if necessary, |
7 | | modify the CAAPP permit based on the same |
8 | | application. |
9 | | B. The applicant or permittee may pay the fee |
10 | | annually or semiannually for those fees greater |
11 | | than $5,000. However, any applicant paying a fee |
12 | | equal to or greater than $100,000 shall pay the |
13 | | full amount on July 1, for the subsequent fiscal |
14 | | year, or pay 50% of the fee on July 1 and the |
15 | | remaining 50% by the next January 1. The Agency |
16 | | may change any annual billing date upon reasonable |
17 | | notice, but shall prorate the new bill so that the |
18 | | permittee or applicant does not pay more than its |
19 | | required fees for the fee period for which payment |
20 | | is made. |
21 | | b. (Blank). |
22 | | c. (Blank). |
23 | | d. There is hereby created in the State Treasury a |
24 | | special fund to be known as the Clean Air Act Permit Fund |
25 | | (formerly known as the CAA Permit Fund). All Funds |
26 | | collected by the Agency pursuant to this subsection shall |
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1 | | be deposited into the Fund. The General Assembly shall |
2 | | appropriate monies from this Fund to the Agency and to the |
3 | | Board to carry out their obligations under this Section. |
4 | | The General Assembly may also authorize monies to be |
5 | | granted by the Agency from this Fund to other State and |
6 | | local agencies which perform duties related to the CAAPP. |
7 | | Interest generated on the monies deposited in this Fund |
8 | | shall be returned to the Fund. |
9 | | e. The Agency shall have the authority to adopt |
10 | | procedural rules, in accordance with the Illinois |
11 | | Administrative Procedure Act, as the Agency deems |
12 | | necessary to implement this subsection. |
13 | | f. For purposes of this subsection, the term |
14 | | "regulated air pollutant" shall have the meaning given to |
15 | | it under subsection 1 of this Section but shall exclude |
16 | | the following: |
17 | | i. carbon monoxide; |
18 | | ii. any Class I or II substance which is a |
19 | | regulated air pollutant solely because it is listed |
20 | | pursuant to Section 602 of the Clean Air Act; and |
21 | | iii. any pollutant that is a regulated air |
22 | | pollutant solely because it is subject to a standard |
23 | | or regulation under Section 112(r) of the Clean Air |
24 | | Act based on the emissions allowed in the permit |
25 | | effective in that calendar year, at the time the |
26 | | applicable bill is generated.
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1 | | 19. Air Toxics Provisions. |
2 | | a. In the event that the USEPA fails to promulgate in a |
3 | | timely manner a standard pursuant to Section 112(d) of the |
4 | | Clean Air Act, the Agency shall have the authority to |
5 | | issue permits, pursuant to Section 112(j) of the Clean Air |
6 | | Act and regulations promulgated thereunder, which contain |
7 | | emission limitations which are equivalent to the emission |
8 | | limitations that would apply to a source if an emission |
9 | | standard had been promulgated in a timely manner by USEPA |
10 | | pursuant to Section 112(d). Provided, however, that the |
11 | | owner or operator of a source shall have the opportunity |
12 | | to submit to the Agency a proposed emission limitation |
13 | | which it determines to be equivalent to the emission |
14 | | limitations that would apply to such source if an emission |
15 | | standard had been promulgated in a timely manner by USEPA. |
16 | | If the Agency refuses to include the emission limitation |
17 | | proposed by the owner or operator in a CAAPP permit, the |
18 | | owner or operator may petition the Board to establish |
19 | | whether the emission limitation proposal submitted by the |
20 | | owner or operator provides for emission limitations which |
21 | | are equivalent to the emission limitations that would |
22 | | apply to the source if the emission standard had been |
23 | | promulgated by USEPA in a timely manner. The Board shall |
24 | | determine whether the emission limitation proposed by the |
25 | | owner or operator or an alternative emission limitation |
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1 | | proposed by the Agency provides for the level of control |
2 | | required under Section 112 of the Clean Air Act, or shall |
3 | | otherwise establish an appropriate emission limitation, |
4 | | pursuant to Section 112 of the Clean Air Act. |
5 | | b. Any Board proceeding brought under paragraph (a) or |
6 | | (e) of this subsection shall be conducted according to the |
7 | | Board's procedures for adjudicatory hearings and the Board |
8 | | shall render its decision within 120 days of the filing of |
9 | | the petition. Any such decision shall be subject to review |
10 | | pursuant to Section 41 of this Act. Where USEPA |
11 | | promulgates an applicable emission standard prior to the |
12 | | issuance of the CAAPP permit, the Agency shall include in |
13 | | the permit the promulgated standard, provided that the |
14 | | source shall have the compliance period provided under |
15 | | Section 112(i) of the Clean Air Act. Where USEPA |
16 | | promulgates an applicable standard subsequent to the |
17 | | issuance of the CAAPP permit, the Agency shall revise such |
18 | | permit upon the next renewal to reflect the promulgated |
19 | | standard, providing a reasonable time for the applicable |
20 | | source to comply with the standard, but no longer than 8 |
21 | | years after the date on which the source is first required |
22 | | to comply with the emissions limitation established under |
23 | | this subsection. |
24 | | c. The Agency shall have the authority to implement |
25 | | and enforce complete or partial emission standards |
26 | | promulgated by USEPA pursuant to Section 112(d), and |
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1 | | standards promulgated by USEPA pursuant to Sections |
2 | | 112(f), 112(h), 112(m), and 112(n), and may accept |
3 | | delegation of authority from USEPA to implement and |
4 | | enforce Section 112(l) and requirements for the prevention |
5 | | and detection of accidental releases pursuant to Section |
6 | | 112(r) of the Clean Air Act. |
7 | | d. The Agency shall have the authority to issue |
8 | | permits pursuant to Section 112(i)(5) of the Clean Air |
9 | | Act. |
10 | | e. The Agency has the authority to implement Section |
11 | | 112(g) of the Clean Air Act consistent with the Clean Air |
12 | | Act and federal regulations promulgated thereunder. If the |
13 | | Agency refuses to include the emission limitations |
14 | | proposed in an application submitted by an owner or |
15 | | operator for a case-by-case maximum achievable control |
16 | | technology (MACT) determination, the owner or operator may |
17 | | petition the Board to determine whether the emission |
18 | | limitation proposed by the owner or operator or an |
19 | | alternative emission limitation proposed by the Agency |
20 | | provides for a level of control required by Section 112 of |
21 | | the Clean Air Act, or to otherwise establish an |
22 | | appropriate emission limitation under Section 112 of the |
23 | | Clean Air Act.
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24 | | 20. Small Business. |
25 | | a. For purposes of this subsection: |
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1 | | "Program" is the Small Business Stationary Source |
2 | | Technical and Environmental Compliance Assistance Program |
3 | | created within this State pursuant to Section 507 of the |
4 | | Clean Air Act and guidance promulgated thereunder, to |
5 | | provide technical assistance and compliance information to |
6 | | small business stationary sources; |
7 | | "Small Business Assistance Program" is a component of |
8 | | the Program responsible for providing sufficient |
9 | | communications with small businesses through the |
10 | | collection and dissemination of information to small |
11 | | business stationary sources; and |
12 | | "Small Business Stationary Source" means a stationary |
13 | | source that: |
14 | | 1. is owned or operated by a person that employs |
15 | | 100 or fewer individuals; |
16 | | 2. is a small business concern as defined in the |
17 | | "Small Business Act"; |
18 | | 3. is not a major source as that term is defined in |
19 | | subsection 2 of this Section; |
20 | | 4. does not emit 50 tons or more per year of any |
21 | | regulated air pollutant, except greenhouse gases; and |
22 | | 5. emits less than 75 tons per year of all |
23 | | regulated pollutants, except greenhouse gases. |
24 | | b. The Agency shall adopt and submit to USEPA, after |
25 | | reasonable notice and opportunity for public comment, as a |
26 | | revision to the Illinois state implementation plan, plans |
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1 | | for establishing the Program. |
2 | | c. The Agency shall have the authority to enter into |
3 | | such contracts and agreements as the Agency deems |
4 | | necessary to carry out the purposes of this subsection. |
5 | | d. The Agency may establish such procedures as it may |
6 | | deem necessary for the purposes of implementing and |
7 | | executing its responsibilities under this subsection. |
8 | | e. There shall be appointed a Small Business Ombudsman |
9 | | (hereinafter in this subsection referred to as |
10 | | "Ombudsman") to monitor the Small Business Assistance |
11 | | Program. The Ombudsman shall be a nonpartisan designated |
12 | | official, with the ability to independently assess whether |
13 | | the goals of the Program are being met. |
14 | | f. The State Ombudsman Office shall be located in an |
15 | | existing Ombudsman office within the State or in any State |
16 | | Department. |
17 | | g. There is hereby created a State Compliance Advisory |
18 | | Panel (hereinafter in this subsection referred to as |
19 | | "Panel") for determining the overall effectiveness of the |
20 | | Small Business Assistance Program within this State. |
21 | | h. The selection of Panel members shall be by the |
22 | | following method: |
23 | | 1. The Governor shall select two members who are |
24 | | not owners or representatives of owners of small |
25 | | business stationary sources to represent the general |
26 | | public; |
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1 | | 2. The Director of the Agency shall select one |
2 | | member to represent the Agency; and |
3 | | 3. The State Legislature shall select four members |
4 | | who are owners or representatives of owners of small |
5 | | business stationary sources. Both the majority and |
6 | | minority leadership in both Houses of the Legislature |
7 | | shall appoint one member of the panel. |
8 | | i. Panel members should serve without compensation but |
9 | | will receive full reimbursement for expenses including |
10 | | travel and per diem as authorized within this State. |
11 | | j. The Panel shall select its own Chair by a majority |
12 | | vote. The Chair may meet and consult with the Ombudsman |
13 | | and the head of the Small Business Assistance Program in |
14 | | planning the activities for the Panel.
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15 | | 21. Temporary Sources. |
16 | | a. The Agency may issue a single permit authorizing |
17 | | emissions from similar operations by the same source owner |
18 | | or operator at multiple temporary locations, except for |
19 | | sources which are affected sources for acid deposition |
20 | | under Title IV of the Clean Air Act. |
21 | | b. The applicant must demonstrate that the operation |
22 | | is temporary and will involve at least one change of |
23 | | location during the term of the permit. |
24 | | c. Any such permit shall meet all applicable |
25 | | requirements of this Section and applicable regulations, |
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1 | | and include conditions assuring compliance with all |
2 | | applicable requirements at all authorized locations and |
3 | | requirements that the owner or operator notify the Agency |
4 | | at least 10 days in advance of each change in location.
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5 | | 22. Solid Waste Incineration Units. |
6 | | a. A CAAPP permit for a solid waste incineration unit |
7 | | combusting municipal waste subject to standards |
8 | | promulgated under Section 129(e) of the Clean Air Act |
9 | | shall be issued for a period of 12 years and shall be |
10 | | reviewed every 5 years, unless the Agency requires more |
11 | | frequent review through Agency procedures. |
12 | | b. During the review in paragraph (a) of this |
13 | | subsection, the Agency shall fully review the previously |
14 | | submitted CAAPP permit application and corresponding |
15 | | reports subsequently submitted to determine whether the |
16 | | source is in compliance with all applicable requirements. |
17 | | c. If the Agency determines that the source is not in |
18 | | compliance with all applicable requirements it shall |
19 | | revise the CAAPP permit as appropriate. |
20 | | d. The Agency shall have the authority to adopt |
21 | | procedural rules, in accordance with the Illinois |
22 | | Administrative Procedure Act, as the Agency deems |
23 | | necessary, to implement this subsection. |
24 | | (Source: P.A. 99-380, eff. 8-17-15; 99-933, eff. 1-27-17; |
25 | | 100-103, eff. 8-11-17.)
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