Text of IL SB 1823 (2024)

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1823 Introduced 2/9/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED: See Index Amends the Environmental Protection Act. Requires the Environmental Protection Agency to annually review and update the underlying data for, and use of, indicators used to determine whether a community is designated as an environmental justice community and to establish a process by which communities not designated as environmental justice communities may petition for such a designation. Provides that an applicant for a permit for the construction of a new source that will become a major source subject to the Clean Air Act Permit Program to be located in an environmental justice community or a new source that has or will require a federally enforceable State operating permit and that will be located in an environmental justice community must conduct a public meeting prior to submission of the permit application and must submit with the permit application an environmental justice assessment identifying the potential environmental and health impacts to the area associated with the proposed project. Provides requirements for the environmental justice assessment. Provides that a supplemental fee of $100,000 for each construction permit application shall be assessed if the construction permit application is subject to the requirements regarding the construction of a new source located in an environmental justice community. Contains provisions regarding public participation requirements for permitting transactions in an environmental justice community. Provides that, if the Agency grants a permit to construct, modify, or operate a facility that emits air pollutants and is classified as a minor source, a third party may petition the Pollution Control Board for a hearing to contest the issuance of the permit. Contains provisions regarding environmental justice grievances. Defines terms. Contains other provisions. LRB103 25618 CPF 51967 b A BILL FOR SB1823LRB103 25618 CPF 51967 b 1 AN ACT concerning safety. 2 Be it enacted by the People of the State of Illinois, 3represented in the General Assembly: 4 Section 5. The Environmental Protection Act is amended by 5adding Sections 3.178, 3.186, 3.187, 3.188, 3.189, 3.281, 634.5, 39.15, and 40.4 and by changing Sections 9.12, 39, 39.2, 739.5, and 40 as follows: 8 (415 ILCS 5/3.178 new) 9 Sec. 3.178. Cumulative impact. "Cumulative impact" means 10the total burden from chemical and nonchemical stressors and 11their interactions that affect the health, well-being, and 12quality of life of an individual, community, or population at 13a given point of time or over a period of time. 14 (415 ILCS 5/3.186 new) 15 Sec. 3.186. Disproportionate harm. "Disproportionate harm" 16means the combination of cumulative impacts, including, but 17not limited to, disproportionately high and adverse human 18health impacts and disproportionately high and adverse 19environmental impacts. 20 (415 ILCS 5/3.187 new) 21 Sec. 3.187. Disproportionately high and adverse SB1823- 2 -LRB103 25618 CPF 51967 b 1environmental impact. "Disproportionately high and adverse 2environmental impact" means an environmental impact that is 3disproportionately high and adverse based on the following 4factors: 5 (1) Whether there is or will be an impact on the 6 natural or physical environment that significantly and 7 adversely affects an environmental justice community. Such 8 impacts may include, but are not limited to, ecological, 9 cultural, human health, economic, or social impacts on 10 minority communities, low-income communities, or Indian 11 tribes when those impacts are interrelated to impacts on 12 the natural or physical environment. 13 (2) Whether environmental impacts are significant and 14 are or may be having an adverse impact on an environmental 15 justice community that appreciably exceeds, or is likely 16 to appreciably exceed, the adverse impact on the general 17 population or other appropriate comparison group. 18 (3) Whether the environmental impacts occur or would 19 occur in an environmental justice community by cumulative 20 or multiple adverse exposures from environmental hazards. 21 (415 ILCS 5/3.188 new) 22 Sec. 3.188. Disproportionately high and adverse human 23health impact. "Disproportionately high and adverse human 24health impact" means an impact on human health that is 25disproportionately high and adverse based on the following SB1823- 3 -LRB103 25618 CPF 51967 b 1factors: 2 (1) Whether the health outcomes, which may be measured 3 in risks and rates, are significant or above generally 4 accepted norms. Adverse health impacts include, but are 5 not limited to, bodily impairment, infirmity, illness, or 6 death. 7 (2) Whether the risk or rate of hazard exposure for an 8 environmental justice community to an environmental hazard 9 is significant and appreciably exceeds, or is likely to 10 appreciably exceed, the risk or rate of hazard exposure 11 for the general population or in comparison to another 12 appropriate group. 13 (3) Whether health impacts occur in an environmental 14 justice community affected by cumulative or multiple 15 adverse exposures from environmental hazards. 16 (415 ILCS 5/3.189 new) 17 Sec. 3.189. Environmental justice community. 18"Environmental justice community" means any geographic area in 19the State that is contained within: 20 (1) an environmental justice community under the 21 Illinois Solar for All Program, as that definition is 22 updated from time to time by the Illinois Power Agency and 23 the Administrator of that Program, so long as the 24 community is designated as an environmental justice 25 community within 60 days of a community receiving SB1823- 4 -LRB103 25618 CPF 51967 b 1 notification of a permit under the federal Clean Air Act; 2 or 3 (2) an R3 Area established under Section 10-40 of the 4 Cannabis Regulation and Tax Act. 5 (415 ILCS 5/3.281 new) 6 Sec. 3.281. Linguistically isolated community. 7"Linguistically isolated community" means the population 8within a United States Census Bureau tract comprised of 9individuals at least 20% of whom are age 14 years or older and 10who speak English less than very well, based on data in the 11United States Census Bureau's latest one-year or 5-year 12American Community Survey. 13 (415 ILCS 5/9.12) 14 Sec. 9.12. Construction permit fees for air pollution 15sources. 16 (a) An applicant for a new or revised air pollution 17construction permit shall pay a fee, as established in this 18Section, to the Agency at the time that he or she submits the 19application for a construction permit. Except as set forth 20below, the fee for each activity or category listed in this 21Section is separate and is cumulative with any other 22applicable fee listed in this Section. 23 (b) The fee amounts in this subsection (b) apply to 24construction permit applications relating to (i) a source SB1823- 5 -LRB103 25618 CPF 51967 b 1subject to Section 39.5 of this Act (the Clean Air Act Permit 2Program); (ii) a source that, upon issuance of the requested 3construction permit, will become a major source subject to 4Section 39.5; or (iii) a source that has or will require a 5federally enforceable State operating permit limiting its 6potential to emit. 7 (1) Base fees for each construction permit application 8 shall be assessed as follows: 9 (A) If the construction permit application relates 10 to one or more new emission units or to a combination 11 of new and modified emission units, a fee of $4,000 for 12 the first new emission unit and a fee of $1,000 for 13 each additional new or modified emission unit; 14 provided that the total base fee under this 15 subdivision (A) shall not exceed $10,000. 16 (B) If the construction permit application relates 17 to one or more modified emission units but not to any 18 new emission unit, a fee of $2,000 for the first 19 modified emission unit and a fee of $1,000 for each 20 additional modified emission unit; provided that the 21 total base fee under this subdivision (B) shall not 22 exceed $5,000. 23 (2) Supplemental fees for each construction permit 24 application shall be assessed as follows: 25 (A) If, based on the construction permit 26 application, the source will be, but is not currently, SB1823- 6 -LRB103 25618 CPF 51967 b 1 subject to Section 39.5 of this Act, a CAAPP entry fee 2 of $5,000. 3 (B) If the construction permit application 4 involves (i) a new source or emission unit subject to 5 Section 39.2 of this Act, (ii) a commercial 6 incinerator or other municipal waste, hazardous waste, 7 or waste tire incinerator, (iii) a commercial power 8 generator, or (iv) one or more other emission units 9 designated as a complex source by Agency rulemaking, a 10 fee of $25,000. 11 (C) If the construction permit application 12 involves an emissions netting exercise or reliance on 13 a contemporaneous emissions decrease for a pollutant 14 to avoid application of the PSD permit program or 15 nonattainment new source review, a fee of $3,000 for 16 each such pollutant. 17 (D) If the construction permit application is for 18 a new major source subject to the PSD permit program, a 19 fee of $12,000. 20 (E) If the construction permit application is for 21 a new major source subject to nonattainment new source 22 review, a fee of $20,000. 23 (F) If the construction permit application is for 24 a major modification subject to the PSD permit 25 program, a fee of $6,000. 26 (G) If the construction permit application is for SB1823- 7 -LRB103 25618 CPF 51967 b 1 a major modification subject to nonattainment new 2 source review, a fee of $12,000. 3 (H) (Blank). 4 (I) If the construction permit application review 5 involves a determination of the Maximum Achievable 6 Control Technology standard for a pollutant and the 7 project is not otherwise subject to BACT or LAER for a 8 related pollutant under the PSD permit program or 9 nonattainment new source review, a fee of $5,000 per 10 unit for which a determination is requested or 11 otherwise required. 12 (J) (Blank). 13 (K) If the construction permit application is 14 subject to the requirements of subsection (aa) or 15 subsection (bb) of Section 39, a fee of $200,000. 16 (3) If a public hearing is held regarding the 17 construction permit application, an administrative fee of 18 $10,000. This fee shall be submitted at the time the 19 applicant requests a public hearing or, if a public 20 hearing is not requested by the applicant, then within 30 21 days after the applicant is informed by the Agency that a 22 public hearing will be held. 23 (c) The fee amounts in this subsection (c) apply to 24construction permit applications relating to a source that, 25upon issuance of the construction permit, will not (i) be or 26become subject to Section 39.5 of this Act (the Clean Air Act SB1823- 8 -LRB103 25618 CPF 51967 b 1Permit Program) or (ii) have or require a federally 2enforceable state operating permit limiting its potential to 3emit. 4 (1) Base fees for each construction permit application 5 shall be assessed as follows: 6 (A) For a construction permit application 7 involving a single new emission unit, a fee of $500. 8 (B) For a construction permit application 9 involving more than one new emission unit, a fee of 10 $1,000. 11 (C) For a construction permit application 12 involving no more than 2 modified emission units, a 13 fee of $500. 14 (D) For a construction permit application 15 involving more than 2 modified emission units, a fee 16 of $1,000. 17 (2) Supplemental fees for each construction permit 18 application shall be assessed as follows: 19 (A) If the source is a new source, i.e., does not 20 currently have an operating permit, an entry fee of 21 $500; 22 (B) If the construction permit application 23 involves (i) a new source or emission unit subject to 24 Section 39.2 of this Act, (ii) a commercial 25 incinerator or a municipal waste, hazardous waste, or 26 waste tire incinerator, (iii) a commercial power SB1823- 9 -LRB103 25618 CPF 51967 b 1 generator, or (iv) an emission unit designated as a 2 complex source by Agency rulemaking, a fee of $15,000. 3 (3) If a public hearing is held regarding the 4 construction permit application, an administrative fee of 5 $10,000. This fee shall be submitted at the time the 6 applicant requests a public hearing or, if a public 7 hearing is not requested by the applicant, then within 30 8 days after the applicant is informed by the Agency that a 9 public hearing will be held. 10 (d) If no other fee is applicable under this Section, a 11construction permit application addressing one or more of the 12following shall be subject to a filing fee of $500: 13 (1) A construction permit application to add or 14 replace a control device on a permitted emission unit. 15 (2) A construction permit application to conduct a 16 pilot project or trial burn for a permitted emission unit. 17 (3) A construction permit application for a land 18 remediation project. 19 (4) (Blank). 20 (5) A construction permit application to revise an 21 emissions testing methodology or the timing of required 22 emissions testing. 23 (6) A construction permit application that provides 24 for a change in the name, address, or phone number of any 25 person identified in the permit, or for a change in the 26 stated ownership or control, or for a similar minor SB1823- 10 -LRB103 25618 CPF 51967 b 1 administrative permit change at the source. 2 (e) No fee shall be assessed for a request to correct an 3issued permit that involves only an Agency error, if the 4request is received within the deadline for a permit appeal to 5the Pollution Control Board. 6 (f) The applicant for a new or revised air pollution 7construction permit shall submit to the Agency, with the 8construction permit application, both a certification of the 9fee that he or she estimates to be due under this Section and 10the fee itself. 11 (g) Notwithstanding the requirements of subsection (a) of 12Section 39 of this Act, the application for an air pollution 13construction permit shall not be deemed to be filed with the 14Agency until the Agency receives the initial air pollution 15construction permit application fee and the certified estimate 16of the fee required by this Section. Unless the Agency has 17received the initial air pollution construction permit 18application fee and the certified estimate of the fee required 19by this Section, the Agency is not required to review or 20process the application. 21 (h) If the Agency determines at any time that a 22construction permit application is subject to an additional 23fee under this Section that the applicant has not submitted, 24the Agency shall notify the applicant in writing of the amount 25due under this Section. The applicant shall have 60 days to 26remit the assessed fee to the Agency. SB1823- 11 -LRB103 25618 CPF 51967 b 1 If the proper fee established under this Section is not 2submitted within 60 days after the request for further 3remittance: 4 (1) If the construction permit has not yet been 5 issued, the Agency is not required to further review or 6 process, and the provisions of subsection (a) of Section 7 39 of this Act do not apply to, the application for a 8 construction permit until such time as the proper fee is 9 remitted. 10 (2) If the construction permit has been issued, the 11 Agency may, upon written notice, immediately revoke the 12 construction permit. 13 The denial or revocation of a construction permit does not 14excuse the applicant from the duty of paying the fees required 15under this Section. 16 (i) The Agency may deny the issuance of a pending air 17pollution construction permit or the subsequent operating 18permit if the applicant has not paid the required fees by the 19date required for issuance of the permit. The denial or 20revocation of a permit for failure to pay a construction 21permit fee is subject to review by the Board pursuant to the 22provisions of subsection (a) of Section 40 of this Act. 23 (j) If the owner or operator undertakes construction 24without obtaining an air pollution construction permit, the 25fee under this Section is still required. Payment of the 26required fee does not preclude the Agency or the Attorney SB1823- 12 -LRB103 25618 CPF 51967 b 1General or other authorized persons from pursuing enforcement 2against the applicant for failure to have an air pollution 3construction permit prior to commencing construction. 4 (k) If an air pollution construction permittee makes a fee 5payment under this Section from an account with insufficient 6funds to cover the amount of the fee payment, the Agency shall 7notify the permittee of the failure to pay the fee. If the 8permittee fails to pay the fee within 60 days after such 9notification, the Agency may, by written notice, immediately 10revoke the air pollution construction permit. Failure of the 11Agency to notify the permittee of the permittee's failure to 12make payment does not excuse or alter the duty of the permittee 13to comply with the provisions of this Section. 14 (l) The Agency may establish procedures for the collection 15of air pollution construction permit fees. 16 (m) Fees collected pursuant to this Section shall be 17deposited into the Environmental Protection Permit and 18Inspection Fund. 19(Source: P.A. 99-463, eff. 1-1-16.) 20 (415 ILCS 5/34.5 new) 21 Sec. 34.5. Environmentally beneficial project bank. 22 (a) The Agency shall establish and maintain on its website 23a bank of potential environmentally beneficial projects. The 24website must permit members of the public to submit 25suggestions for environmentally beneficial projects. The SB1823- 13 -LRB103 25618 CPF 51967 b 1Agency shall assess the submissions for feasibility and 2clarity before inclusion in the bank. 3 (b) A supplemental environmental project is not required 4to be included within the environmentally beneficial project 5bank required under subsection (a) in order to offset a civil 6penalty. 7 (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039) 8 Sec. 39. Issuance of permits; procedures. 9 (a) When the Board has by regulation required a permit for 10the construction, installation, or operation of any type of 11facility, equipment, vehicle, vessel, or aircraft, the 12applicant shall apply to the Agency for such permit and it 13shall be the duty of the Agency to issue such a permit upon 14proof by the applicant that the facility, equipment, vehicle, 15vessel, or aircraft will not cause a violation of this Act or 16of regulations hereunder and that denial of the permit is not 17otherwise justified under this Section. The Agency shall adopt 18such procedures as are necessary to carry out its duties under 19this Section. In making its determinations on permit 20applications under this Section the Agency shall may consider 21prior adjudications of noncompliance with this Act by the 22applicant that involved a release of a contaminant into the 23environment. In granting permits, the Agency shall may impose 24reasonable conditions specifically related to the applicant's 25past compliance history with this Act as necessary to correct, SB1823- 14 -LRB103 25618 CPF 51967 b 1detect, or prevent noncompliance. The Agency shall may impose 2such other conditions as may be necessary to accomplish the 3purposes of this Act, and as are not inconsistent with the 4regulations promulgated by the Board hereunder. Except as 5otherwise provided in this Act, a bond or other security shall 6not be required as a condition for the issuance of a permit. If 7the Agency denies any permit under this Section, the Agency 8shall transmit to the applicant within the time limitations of 9this Section specific, detailed statements as to the reasons 10the permit application was denied. Such statements shall 11include, but not be limited to, the following: 12 (i) the Sections of this Act which may be violated if 13 the permit were granted; 14 (ii) the provision of the regulations, promulgated 15 under this Act, which may be violated if the permit were 16 granted; 17 (iii) the specific type of information, if any, which 18 the Agency deems the applicant did not provide the Agency; 19 and 20 (iv) a statement of specific reasons why the Act and 21 the regulations might not be met if the permit were 22 granted. 23 If there is no final action by the Agency within 90 days 24after the filing of the application for permit, the applicant 25may deem the permit issued; except that this time period shall 26be extended to 180 days when (1) notice and opportunity for SB1823- 15 -LRB103 25618 CPF 51967 b 1public hearing are required by State or federal law or 2regulation, (2) the application which was filed is for any 3permit to develop a landfill subject to issuance pursuant to 4this subsection, or (3) the application that was filed is for a 5MSWLF unit required to issue public notice under subsection 6(p) of Section 39. The 90-day and 180-day time periods for the 7Agency to take final action do not apply to NPDES permit 8applications under subsection (b) of this Section, to RCRA 9permit applications under subsection (d) of this Section, to 10UIC permit applications under subsection (e) of this Section, 11or to CCR surface impoundment applications under subsection 12(y) of this Section. 13 The Agency shall publish notice of all final permit 14determinations for development permits for MSWLF units and for 15significant permit modifications for lateral expansions for 16existing MSWLF units one time in a newspaper of general 17circulation in the county in which the unit is or is proposed 18to be located. 19 After January 1, 1994 and until July 1, 1998, operating 20permits issued under this Section by the Agency for sources of 21air pollution permitted to emit less than 25 tons per year of 22any combination of regulated air pollutants, as defined in 23Section 39.5 of this Act, shall be required to be renewed only 24upon written request by the Agency consistent with applicable 25provisions of this Act and regulations promulgated hereunder. 26Such operating permits shall expire 180 days after the date of SB1823- 16 -LRB103 25618 CPF 51967 b 1such a request. The Board shall revise its regulations for the 2existing State air pollution operating permit program 3consistent with this provision by January 1, 1994. 4 After June 30, 1998, operating permits issued under this 5Section by the Agency for sources of air pollution that are not 6subject to Section 39.5 of this Act and are not required to 7have a federally enforceable State operating permit shall be 8required to be renewed only upon written request by the Agency 9consistent with applicable provisions of this Act and its 10rules. Such operating permits shall expire 180 days after the 11date of such a request. Before July 1, 1998, the Board shall 12revise its rules for the existing State air pollution 13operating permit program consistent with this paragraph and 14shall adopt rules that require a source to demonstrate that it 15qualifies for a permit under this paragraph. 16 (b) The Agency may issue NPDES permits exclusively under 17this subsection for the discharge of contaminants from point 18sources into navigable waters, all as defined in the Federal 19Water Pollution Control Act, as now or hereafter amended, 20within the jurisdiction of the State, or into any well. 21 All NPDES permits shall contain those terms and 22conditions, including, but not limited to, schedules of 23compliance, which may be required to accomplish the purposes 24and provisions of this Act. 25 The Agency may issue general NPDES permits for discharges 26from categories of point sources which are subject to the same SB1823- 17 -LRB103 25618 CPF 51967 b 1permit limitations and conditions. Such general permits may be 2issued without individual applications and shall conform to 3regulations promulgated under Section 402 of the Federal Water 4Pollution Control Act, as now or hereafter amended. 5 The Agency may include, among such conditions, effluent 6limitations and other requirements established under this Act, 7Board regulations, the Federal Water Pollution Control Act, as 8now or hereafter amended, and regulations pursuant thereto, 9and schedules for achieving compliance therewith at the 10earliest reasonable date. 11 The Agency shall adopt filing requirements and procedures 12which are necessary and appropriate for the issuance of NPDES 13permits, and which are consistent with the Act or regulations 14adopted by the Board, and with the Federal Water Pollution 15Control Act, as now or hereafter amended, and regulations 16pursuant thereto. 17 The Agency, subject to any conditions which may be 18prescribed by Board regulations, may issue NPDES permits to 19allow discharges beyond deadlines established by this Act or 20by regulations of the Board without the requirement of a 21variance, subject to the Federal Water Pollution Control Act, 22as now or hereafter amended, and regulations pursuant thereto. 23 (c) Except for those facilities owned or operated by 24sanitary districts organized under the Metropolitan Water 25Reclamation District Act, no permit for the development or 26construction of a new pollution control facility may be SB1823- 18 -LRB103 25618 CPF 51967 b 1granted by the Agency unless the applicant submits proof to 2the Agency that the location of the facility has been approved 3by the county board of the county if in an unincorporated area, 4or the governing body of the municipality when in an 5incorporated area, in which the facility is to be located in 6accordance with Section 39.2 of this Act. For purposes of this 7subsection (c), and for purposes of Section 39.2 of this Act, 8the appropriate county board or governing body of the 9municipality shall be the county board of the county or the 10governing body of the municipality in which the facility is to 11be located as of the date when the application for siting 12approval is filed. 13 In the event that siting approval granted pursuant to 14Section 39.2 has been transferred to a subsequent owner or 15operator, that subsequent owner or operator may apply to the 16Agency for, and the Agency may grant, a development or 17construction permit for the facility for which local siting 18approval was granted. Upon application to the Agency for a 19development or construction permit by that subsequent owner or 20operator, the permit applicant shall cause written notice of 21the permit application to be served upon the appropriate 22county board or governing body of the municipality that 23granted siting approval for that facility and upon any party 24to the siting proceeding pursuant to which siting approval was 25granted. In that event, the Agency shall conduct an evaluation 26of the subsequent owner or operator's prior experience in SB1823- 19 -LRB103 25618 CPF 51967 b 1waste management operations in the manner conducted under 2subsection (i) of Section 39 of this Act. 3 Beginning August 20, 1993, if the pollution control 4facility consists of a hazardous or solid waste disposal 5facility for which the proposed site is located in an 6unincorporated area of a county with a population of less than 7100,000 and includes all or a portion of a parcel of land that 8was, on April 1, 1993, adjacent to a municipality having a 9population of less than 5,000, then the local siting review 10required under this subsection (c) in conjunction with any 11permit applied for after that date shall be performed by the 12governing body of that adjacent municipality rather than the 13county board of the county in which the proposed site is 14located; and for the purposes of that local siting review, any 15references in this Act to the county board shall be deemed to 16mean the governing body of that adjacent municipality; 17provided, however, that the provisions of this paragraph shall 18not apply to any proposed site which was, on April 1, 1993, 19owned in whole or in part by another municipality. 20 In the case of a pollution control facility for which a 21development permit was issued before November 12, 1981, if an 22operating permit has not been issued by the Agency prior to 23August 31, 1989 for any portion of the facility, then the 24Agency may not issue or renew any development permit nor issue 25an original operating permit for any portion of such facility 26unless the applicant has submitted proof to the Agency that SB1823- 20 -LRB103 25618 CPF 51967 b 1the location of the facility has been approved by the 2appropriate county board or municipal governing body pursuant 3to Section 39.2 of this Act. 4 After January 1, 1994, if a solid waste disposal facility, 5any portion for which an operating permit has been issued by 6the Agency, has not accepted waste disposal for 5 or more 7consecutive calendar years, before that facility may accept 8any new or additional waste for disposal, the owner and 9operator must obtain a new operating permit under this Act for 10that facility unless the owner and operator have applied to 11the Agency for a permit authorizing the temporary suspension 12of waste acceptance. The Agency may not issue a new operation 13permit under this Act for the facility unless the applicant 14has submitted proof to the Agency that the location of the 15facility has been approved or re-approved by the appropriate 16county board or municipal governing body under Section 39.2 of 17this Act after the facility ceased accepting waste. 18 Except for those facilities owned or operated by sanitary 19districts organized under the Metropolitan Water Reclamation 20District Act, and except for new pollution control facilities 21governed by Section 39.2, and except for fossil fuel mining 22facilities, the granting of a permit under this Act shall not 23relieve the applicant from meeting and securing all necessary 24zoning approvals from the unit of government having zoning 25jurisdiction over the proposed facility. 26 Before beginning construction on any new sewage treatment SB1823- 21 -LRB103 25618 CPF 51967 b 1plant or sludge drying site to be owned or operated by a 2sanitary district organized under the Metropolitan Water 3Reclamation District Act for which a new permit (rather than 4the renewal or amendment of an existing permit) is required, 5such sanitary district shall hold a public hearing within the 6municipality within which the proposed facility is to be 7located, or within the nearest community if the proposed 8facility is to be located within an unincorporated area, at 9which information concerning the proposed facility shall be 10made available to the public, and members of the public shall 11be given the opportunity to express their views concerning the 12proposed facility. 13 The Agency may issue a permit for a municipal waste 14transfer station without requiring approval pursuant to 15Section 39.2 provided that the following demonstration is 16made: 17 (1) the municipal waste transfer station was in 18 existence on or before January 1, 1979 and was in 19 continuous operation from January 1, 1979 to January 1, 20 1993; 21 (2) the operator submitted a permit application to the 22 Agency to develop and operate the municipal waste transfer 23 station during April of 1994; 24 (3) the operator can demonstrate that the county board 25 of the county, if the municipal waste transfer station is 26 in an unincorporated area, or the governing body of the SB1823- 22 -LRB103 25618 CPF 51967 b 1 municipality, if the station is in an incorporated area, 2 does not object to resumption of the operation of the 3 station; and 4 (4) the site has local zoning approval. 5 The Agency shall not issue any of the following 6construction permits unless the applicant for the permit 7submits proof to the Agency that the location of the source has 8been approved under Section 39.2 by the county board of the 9county, if in an unincorporated area, or the governing body of 10a municipality, if in an incorporated area: (i) a construction 11permit for a new or modified source that is to be located in an 12environmental justice community, that will require a CAAPP 13permit or a federally enforceable State operating permit, and 14that would be authorized under that permit to increase annual 15permitted emissions; (ii) a construction permit for any new or 16modified source that is located in an environmental justice 17community, that, on the effective date of this amendatory Act 18of the 103rd General Assembly, possesses a CAAPP permit or 19federally enforceable State operating permit, and that would 20be authorized under that permit to increase annual permitted 21emissions; or (iii) a construction permit for any existing 22source that is located in an environmental justice community, 23that would require a new CAAPP permit or new federally 24enforceable State operating permit for the first time, and 25that would be authorized under that permit to increase annual 26permitted emissions. For purposes of this subsection (c), and SB1823- 23 -LRB103 25618 CPF 51967 b 1for purposes of Section 39.2, the appropriate county board or 2governing body of the municipality shall be the county board 3of the county or the governing body of the municipality in 4which the source is to be located on the date when the 5application for siting approval is filed. The provisions added 6to this subsection (c) by this amendatory Act of the 103rd 7General Assembly do not apply to permits for modifications or 8expansions at existing federally enforceable State operating 9permit or CAAPP sources unless the modification will result in 10an increase in the hourly rate of emissions or the total annual 11emissions of any air pollutant. 12 (d) The Agency may issue RCRA permits exclusively under 13this subsection to persons owning or operating a facility for 14the treatment, storage, or disposal of hazardous waste as 15defined under this Act. Subsection (y) of this Section, rather 16than this subsection (d), shall apply to permits issued for 17CCR surface impoundments. 18 All RCRA permits shall contain those terms and conditions, 19including, but not limited to, schedules of compliance, which 20may be required to accomplish the purposes and provisions of 21this Act. The Agency may include among such conditions 22standards and other requirements established under this Act, 23Board regulations, the Resource Conservation and Recovery Act 24of 1976 (P.L. 94-580), as amended, and regulations pursuant 25thereto, and may include schedules for achieving compliance 26therewith as soon as possible. The Agency shall require that a SB1823- 24 -LRB103 25618 CPF 51967 b 1performance bond or other security be provided as a condition 2for the issuance of a RCRA permit. 3 In the case of a permit to operate a hazardous waste or PCB 4incinerator as defined in subsection (k) of Section 44, the 5Agency shall require, as a condition of the permit, that the 6operator of the facility perform such analyses of the waste to 7be incinerated as may be necessary and appropriate to ensure 8the safe operation of the incinerator. 9 The Agency shall adopt filing requirements and procedures 10which are necessary and appropriate for the issuance of RCRA 11permits, and which are consistent with the Act or regulations 12adopted by the Board, and with the Resource Conservation and 13Recovery Act of 1976 (P.L. 94-580), as amended, and 14regulations pursuant thereto. 15 The applicant shall make available to the public for 16inspection all documents submitted by the applicant to the 17Agency in furtherance of an application, with the exception of 18trade secrets, at the office of the county board or governing 19body of the municipality. Such documents may be copied upon 20payment of the actual cost of reproduction during regular 21business hours of the local office. The Agency shall issue a 22written statement concurrent with its grant or denial of the 23permit explaining the basis for its decision. 24 (e) The Agency may issue UIC permits exclusively under 25this subsection to persons owning or operating a facility for 26the underground injection of contaminants as defined under SB1823- 25 -LRB103 25618 CPF 51967 b 1this Act. 2 All UIC permits shall contain those terms and conditions, 3including, but not limited to, schedules of compliance, which 4may be required to accomplish the purposes and provisions of 5this Act. The Agency may include among such conditions 6standards and other requirements established under this Act, 7Board regulations, the Safe Drinking Water Act (P.L. 93-523), 8as amended, and regulations pursuant thereto, and may include 9schedules for achieving compliance therewith. The Agency shall 10require that a performance bond or other security be provided 11as a condition for the issuance of a UIC permit. 12 The Agency shall adopt filing requirements and procedures 13which are necessary and appropriate for the issuance of UIC 14permits, and which are consistent with the Act or regulations 15adopted by the Board, and with the Safe Drinking Water Act 16(P.L. 93-523), as amended, and regulations pursuant thereto. 17 The applicant shall make available to the public for 18inspection all documents submitted by the applicant to the 19Agency in furtherance of an application, with the exception of 20trade secrets, at the office of the county board or governing 21body of the municipality. Such documents may be copied upon 22payment of the actual cost of reproduction during regular 23business hours of the local office. The Agency shall issue a 24written statement concurrent with its grant or denial of the 25permit explaining the basis for its decision. 26 (f) In making any determination pursuant to Section 9.1 of SB1823- 26 -LRB103 25618 CPF 51967 b 1this Act: 2 (1) The Agency shall have authority to make the 3 determination of any question required to be determined by 4 the Clean Air Act, as now or hereafter amended, this Act, 5 or the regulations of the Board, including the 6 determination of the Lowest Achievable Emission Rate, 7 Maximum Achievable Control Technology, or Best Available 8 Control Technology, consistent with the Board's 9 regulations, if any. 10 (2) The Agency shall adopt requirements as necessary 11 to implement public participation procedures, including, 12 but not limited to, public notice, comment, and an 13 opportunity for hearing, which must accompany the 14 processing of applications for PSD permits. The Agency 15 shall briefly describe and respond to all significant 16 comments on the draft permit raised during the public 17 comment period or during any hearing. The Agency may group 18 related comments together and provide one unified response 19 for each issue raised. 20 (3) Any complete permit application submitted to the 21 Agency under this subsection for a PSD permit shall be 22 granted or denied by the Agency not later than one year 23 after the filing of such completed application. 24 (4) The Agency shall, after conferring with the 25 applicant, give written notice to the applicant of its 26 proposed decision on the application, including the terms SB1823- 27 -LRB103 25618 CPF 51967 b 1 and conditions of the permit to be issued and the facts, 2 conduct, or other basis upon which the Agency will rely to 3 support its proposed action. 4 (g) The Agency shall include as conditions upon all 5permits issued for hazardous waste disposal sites such 6restrictions upon the future use of such sites as are 7reasonably necessary to protect public health and the 8environment, including permanent prohibition of the use of 9such sites for purposes which may create an unreasonable risk 10of injury to human health or to the environment. After 11administrative and judicial challenges to such restrictions 12have been exhausted, the Agency shall file such restrictions 13of record in the Office of the Recorder of the county in which 14the hazardous waste disposal site is located. 15 (h) A hazardous waste stream may not be deposited in a 16permitted hazardous waste site unless specific authorization 17is obtained from the Agency by the generator and disposal site 18owner and operator for the deposit of that specific hazardous 19waste stream. The Agency may grant specific authorization for 20disposal of hazardous waste streams only after the generator 21has reasonably demonstrated that, considering technological 22feasibility and economic reasonableness, the hazardous waste 23cannot be reasonably recycled for reuse, nor incinerated or 24chemically, physically, or biologically treated so as to 25neutralize the hazardous waste and render it nonhazardous. In 26granting authorization under this Section, the Agency may SB1823- 28 -LRB103 25618 CPF 51967 b 1impose such conditions as may be necessary to accomplish the 2purposes of the Act and are consistent with this Act and 3regulations promulgated by the Board hereunder. If the Agency 4refuses to grant authorization under this Section, the 5applicant may appeal as if the Agency refused to grant a 6permit, pursuant to the provisions of subsection (a) of 7Section 40 of this Act. For purposes of this subsection (h), 8the term "generator" has the meaning given in Section 3.205 of 9this Act, unless: (1) the hazardous waste is treated, 10incinerated, or partially recycled for reuse prior to 11disposal, in which case the last person who treats, 12incinerates, or partially recycles the hazardous waste prior 13to disposal is the generator; or (2) the hazardous waste is 14from a response action, in which case the person performing 15the response action is the generator. This subsection (h) does 16not apply to any hazardous waste that is restricted from land 17disposal under 35 Ill. Adm. Code 728. 18 (i) Before issuing any RCRA permit, any permit for a waste 19storage site, sanitary landfill, waste disposal site, waste 20transfer station, waste treatment facility, waste incinerator, 21or any waste-transportation operation, any permit or interim 22authorization for a clean construction or demolition debris 23fill operation, or any permit required under subsection (d-5) 24of Section 55, the Agency shall conduct an evaluation of the 25prospective owner's or operator's prior experience in waste 26management operations, clean construction or demolition debris SB1823- 29 -LRB103 25618 CPF 51967 b 1fill operations, and tire storage site management. The Agency 2may deny such a permit, or deny or revoke interim 3authorization, if the prospective owner or operator or any 4employee or officer of the prospective owner or operator has a 5history of: 6 (1) repeated violations of federal, State, or local 7 laws, regulations, standards, or ordinances in the 8 operation of waste management facilities or sites, clean 9 construction or demolition debris fill operation 10 facilities or sites, or tire storage sites; or 11 (2) conviction in this or another State of any crime 12 which is a felony under the laws of this State, or 13 conviction of a felony in a federal court; or conviction 14 in this or another state or federal court of any of the 15 following crimes: forgery, official misconduct, bribery, 16 perjury, or knowingly submitting false information under 17 any environmental law, regulation, or permit term or 18 condition; or 19 (3) proof of gross carelessness or incompetence in 20 handling, storing, processing, transporting, or disposing 21 of waste, clean construction or demolition debris, or used 22 or waste tires, or proof of gross carelessness or 23 incompetence in using clean construction or demolition 24 debris as fill. 25 (i-5) Before issuing any permit or approving any interim 26authorization for a clean construction or demolition debris SB1823- 30 -LRB103 25618 CPF 51967 b 1fill operation in which any ownership interest is transferred 2between January 1, 2005, and the effective date of the 3prohibition set forth in Section 22.52 of this Act, the Agency 4shall conduct an evaluation of the operation if any previous 5activities at the site or facility may have caused or allowed 6contamination of the site. It shall be the responsibility of 7the owner or operator seeking the permit or interim 8authorization to provide to the Agency all of the information 9necessary for the Agency to conduct its evaluation. The Agency 10may deny a permit or interim authorization if previous 11activities at the site may have caused or allowed 12contamination at the site, unless such contamination is 13authorized under any permit issued by the Agency. 14 (j) The issuance under this Act of a permit to engage in 15the surface mining of any resources other than fossil fuels 16shall not relieve the permittee from its duty to comply with 17any applicable local law regulating the commencement, 18location, or operation of surface mining facilities. 19 (k) A development permit issued under subsection (a) of 20Section 39 for any facility or site which is required to have a 21permit under subsection (d) of Section 21 shall expire at the 22end of 2 calendar years from the date upon which it was issued, 23unless within that period the applicant has taken action to 24develop the facility or the site. In the event that review of 25the conditions of the development permit is sought pursuant to 26Section 40 or 41, or permittee is prevented from commencing SB1823- 31 -LRB103 25618 CPF 51967 b 1development of the facility or site by any other litigation 2beyond the permittee's control, such two-year period shall be 3deemed to begin on the date upon which such review process or 4litigation is concluded. 5 (l) No permit shall be issued by the Agency under this Act 6for construction or operation of any facility or site located 7within the boundaries of any setback zone established pursuant 8to this Act, where such construction or operation is 9prohibited. 10 (m) The Agency may issue permits to persons owning or 11operating a facility for composting landscape waste. In 12granting such permits, the Agency may impose such conditions 13as may be necessary to accomplish the purposes of this Act, and 14as are not inconsistent with applicable regulations 15promulgated by the Board. Except as otherwise provided in this 16Act, a bond or other security shall not be required as a 17condition for the issuance of a permit. If the Agency denies 18any permit pursuant to this subsection, the Agency shall 19transmit to the applicant within the time limitations of this 20subsection specific, detailed statements as to the reasons the 21permit application was denied. Such statements shall include 22but not be limited to the following: 23 (1) the Sections of this Act that may be violated if 24 the permit were granted; 25 (2) the specific regulations promulgated pursuant to 26 this Act that may be violated if the permit were granted; SB1823- 32 -LRB103 25618 CPF 51967 b 1 (3) the specific information, if any, the Agency deems 2 the applicant did not provide in its application to the 3 Agency; and 4 (4) a statement of specific reasons why the Act and 5 the regulations might be violated if the permit were 6 granted. 7 If no final action is taken by the Agency within 90 days 8after the filing of the application for permit, the applicant 9may deem the permit issued. Any applicant for a permit may 10waive the 90-day limitation by filing a written statement with 11the Agency. 12 The Agency shall issue permits for such facilities upon 13receipt of an application that includes a legal description of 14the site, a topographic map of the site drawn to the scale of 15200 feet to the inch or larger, a description of the operation, 16including the area served, an estimate of the volume of 17materials to be processed, and documentation that: 18 (1) the facility includes a setback of at least 200 19 feet from the nearest potable water supply well; 20 (2) the facility is located outside the boundary of 21 the 10-year floodplain or the site will be floodproofed; 22 (3) the facility is located so as to minimize 23 incompatibility with the character of the surrounding 24 area, including at least a 200 foot setback from any 25 residence, and in the case of a facility that is developed 26 or the permitted composting area of which is expanded SB1823- 33 -LRB103 25618 CPF 51967 b 1 after November 17, 1991, the composting area is located at 2 least 1/8 mile from the nearest residence (other than a 3 residence located on the same property as the facility); 4 (4) the design of the facility will prevent any 5 compost material from being placed within 5 feet of the 6 water table, will adequately control runoff from the site, 7 and will collect and manage any leachate that is generated 8 on the site; 9 (5) the operation of the facility will include 10 appropriate dust and odor control measures, limitations on 11 operating hours, appropriate noise control measures for 12 shredding, chipping and similar equipment, management 13 procedures for composting, containment and disposal of 14 non-compostable wastes, procedures to be used for 15 terminating operations at the site, and recordkeeping 16 sufficient to document the amount of materials received, 17 composted, and otherwise disposed of; and 18 (6) the operation will be conducted in accordance with 19 any applicable rules adopted by the Board. 20 The Agency shall issue renewable permits of not longer 21than 10 years in duration for the composting of landscape 22wastes, as defined in Section 3.155 of this Act, based on the 23above requirements. 24 The operator of any facility permitted under this 25subsection (m) must submit a written annual statement to the 26Agency on or before April 1 of each year that includes an SB1823- 34 -LRB103 25618 CPF 51967 b 1estimate of the amount of material, in tons, received for 2composting. 3 (n) The Agency shall issue permits jointly with the 4Department of Transportation for the dredging or deposit of 5material in Lake Michigan in accordance with Section 18 of the 6Rivers, Lakes, and Streams Act. 7 (o) (Blank). 8 (p) (1) Any person submitting an application for a permit 9for a new MSWLF unit or for a lateral expansion under 10subsection (t) of Section 21 of this Act for an existing MSWLF 11unit that has not received and is not subject to local siting 12approval under Section 39.2 of this Act shall publish notice 13of the application in a newspaper of general circulation in 14the county in which the MSWLF unit is or is proposed to be 15located. The notice must be published at least 15 days before 16submission of the permit application to the Agency. The notice 17shall state the name and address of the applicant, the 18location of the MSWLF unit or proposed MSWLF unit, the nature 19and size of the MSWLF unit or proposed MSWLF unit, the nature 20of the activity proposed, the probable life of the proposed 21activity, the date the permit application will be submitted, 22and a statement that persons may file written comments with 23the Agency concerning the permit application within 30 days 24after the filing of the permit application unless the time 25period to submit comments is extended by the Agency. 26 When a permit applicant submits information to the Agency SB1823- 35 -LRB103 25618 CPF 51967 b 1to supplement a permit application being reviewed by the 2Agency, the applicant shall not be required to reissue the 3notice under this subsection. 4 (2) The Agency shall accept written comments concerning 5the permit application that are postmarked no later than 30 6days after the filing of the permit application, unless the 7time period to accept comments is extended by the Agency. 8 (3) Each applicant for a permit described in part (1) of 9this subsection shall file a copy of the permit application 10with the county board or governing body of the municipality in 11which the MSWLF unit is or is proposed to be located at the 12same time the application is submitted to the Agency. The 13permit application filed with the county board or governing 14body of the municipality shall include all documents submitted 15to or to be submitted to the Agency, except trade secrets as 16determined under Section 7.1 of this Act. The permit 17application and other documents on file with the county board 18or governing body of the municipality shall be made available 19for public inspection during regular business hours at the 20office of the county board or the governing body of the 21municipality and may be copied upon payment of the actual cost 22of reproduction. 23 (q) Within 6 months after July 12, 2011 (the effective 24date of Public Act 97-95), the Agency, in consultation with 25the regulated community, shall develop a web portal to be 26posted on its website for the purpose of enhancing review and SB1823- 36 -LRB103 25618 CPF 51967 b 1promoting timely issuance of permits required by this Act. At 2a minimum, the Agency shall make the following information 3available on the web portal: 4 (1) Checklists and guidance relating to the completion 5 of permit applications, developed pursuant to subsection 6 (s) of this Section, which may include, but are not 7 limited to, existing instructions for completing the 8 applications and examples of complete applications. As the 9 Agency develops new checklists and develops guidance, it 10 shall supplement the web portal with those materials. 11 (2) Within 2 years after July 12, 2011 (the effective 12 date of Public Act 97-95), permit application forms or 13 portions of permit applications that can be completed and 14 saved electronically, and submitted to the Agency 15 electronically with digital signatures. 16 (3) Within 2 years after July 12, 2011 (the effective 17 date of Public Act 97-95), an online tracking system where 18 an applicant may review the status of its pending 19 application, including the name and contact information of 20 the permit analyst assigned to the application. Until the 21 online tracking system has been developed, the Agency 22 shall post on its website semi-annual permitting 23 efficiency tracking reports that include statistics on the 24 timeframes for Agency action on the following types of 25 permits received after July 12, 2011 (the effective date 26 of Public Act 97-95): air construction permits, new NPDES SB1823- 37 -LRB103 25618 CPF 51967 b 1 permits and associated water construction permits, and 2 modifications of major NPDES permits and associated water 3 construction permits. The reports must be posted by 4 February 1 and August 1 each year and shall include: 5 (A) the number of applications received for each 6 type of permit, the number of applications on which 7 the Agency has taken action, and the number of 8 applications still pending; and 9 (B) for those applications where the Agency has 10 not taken action in accordance with the timeframes set 11 forth in this Act, the date the application was 12 received and the reasons for any delays, which may 13 include, but shall not be limited to, (i) the 14 application being inadequate or incomplete, (ii) 15 scientific or technical disagreements with the 16 applicant, USEPA, or other local, state, or federal 17 agencies involved in the permitting approval process, 18 (iii) public opposition to the permit, or (iv) Agency 19 staffing shortages. To the extent practicable, the 20 tracking report shall provide approximate dates when 21 cause for delay was identified by the Agency, when the 22 Agency informed the applicant of the problem leading 23 to the delay, and when the applicant remedied the 24 reason for the delay. 25 (r) Upon the request of the applicant, the Agency shall 26notify the applicant of the permit analyst assigned to the SB1823- 38 -LRB103 25618 CPF 51967 b 1application upon its receipt. 2 (s) The Agency is authorized to prepare and distribute 3guidance documents relating to its administration of this 4Section and procedural rules implementing this Section. 5Guidance documents prepared under this subsection shall not be 6considered rules and shall not be subject to the Illinois 7Administrative Procedure Act. Such guidance shall not be 8binding on any party. 9 (t) Except as otherwise prohibited by federal law or 10regulation, any person submitting an application for a permit 11may include with the application suggested permit language for 12Agency consideration. The Agency is not obligated to use the 13suggested language or any portion thereof in its permitting 14decision. If requested by the permit applicant, the Agency 15shall meet with the applicant to discuss the suggested 16language. 17 (u) If requested by the permit applicant, the Agency shall 18provide the permit applicant with a copy of the draft permit 19prior to any public review period. 20 (v) If requested by the permit applicant, the Agency shall 21provide the permit applicant with a copy of the final permit 22prior to its issuance. 23 (w) An air pollution permit shall not be required due to 24emissions of greenhouse gases, as specified by Section 9.15 of 25this Act. 26 (x) If, before the expiration of a State operating permit SB1823- 39 -LRB103 25618 CPF 51967 b 1that is issued pursuant to subsection (a) of this Section and 2contains federally enforceable conditions limiting the 3potential to emit of the source to a level below the major 4source threshold for that source so as to exclude the source 5from the Clean Air Act Permit Program, the Agency receives a 6complete application for the renewal of that permit, then all 7of the terms and conditions of the permit shall remain in 8effect until final administrative action has been taken on the 9application for the renewal of the permit. 10 (y) The Agency may issue permits exclusively under this 11subsection to persons owning or operating a CCR surface 12impoundment subject to Section 22.59. 13 (z) If a mass animal mortality event is declared by the 14Department of Agriculture in accordance with the Animal 15Mortality Act: 16 (1) the owner or operator responsible for the disposal 17 of dead animals is exempted from the following: 18 (i) obtaining a permit for the construction, 19 installation, or operation of any type of facility or 20 equipment issued in accordance with subsection (a) of 21 this Section; 22 (ii) obtaining a permit for open burning in 23 accordance with the rules adopted by the Board; and 24 (iii) registering the disposal of dead animals as 25 an eligible small source with the Agency in accordance 26 with Section 9.14 of this Act; SB1823- 40 -LRB103 25618 CPF 51967 b 1 (2) as applicable, the owner or operator responsible 2 for the disposal of dead animals is required to obtain the 3 following permits: 4 (i) an NPDES permit in accordance with subsection 5 (b) of this Section; 6 (ii) a PSD permit or an NA NSR permit in accordance 7 with Section 9.1 of this Act; 8 (iii) a lifetime State operating permit or a 9 federally enforceable State operating permit, in 10 accordance with subsection (a) of this Section; or 11 (iv) a CAAPP permit, in accordance with Section 12 39.5 of this Act. 13 All CCR surface impoundment permits shall contain those 14terms and conditions, including, but not limited to, schedules 15of compliance, which may be required to accomplish the 16purposes and provisions of this Act, Board regulations, the 17Illinois Groundwater Protection Act and regulations pursuant 18thereto, and the Resource Conservation and Recovery Act and 19regulations pursuant thereto, and may include schedules for 20achieving compliance therewith as soon as possible. 21 The Board shall adopt filing requirements and procedures 22that are necessary and appropriate for the issuance of CCR 23surface impoundment permits and that are consistent with this 24Act or regulations adopted by the Board, and with the RCRA, as 25amended, and regulations pursuant thereto. 26 The applicant shall make available to the public for SB1823- 41 -LRB103 25618 CPF 51967 b 1inspection all documents submitted by the applicant to the 2Agency in furtherance of an application, with the exception of 3trade secrets, on its public internet website as well as at the 4office of the county board or governing body of the 5municipality where CCR from the CCR surface impoundment will 6be permanently disposed. Such documents may be copied upon 7payment of the actual cost of reproduction during regular 8business hours of the local office. 9 The Agency shall issue a written statement concurrent with 10its grant or denial of the permit explaining the basis for its 11decision. 12 (aa) The Agency shall not issue any of the following 13construction permits unless the applicant for the permit 14submits to the Agency with its permit application proof that 15the permit applicant has conducted a public meeting pursuant 16to this subsection (aa) and submitted an environmental justice 17assessment pursuant to subsection (bb): (i) a construction 18permit for a new source that is to be located in an 19environmental justice community, that will require a CAAPP 20permit or a federally enforceable State operating permit, and 21that would be authorized under that permit to increase annual 22permitted emissions; (ii) a construction permit for any 23existing source that is located in an environmental justice 24community, that, on the effective date of this amendatory Act 25of the 103rd General Assembly, possesses a CAAPP permit or 26federally enforceable State operating permit, and that would SB1823- 42 -LRB103 25618 CPF 51967 b 1be authorized under that permit to increase annual permitted 2emissions; or (iii) a construction permit for any existing 3source that is located in an environmental justice community, 4that would require a new CAAPP permit or new federally 5enforceable State operating permit for the first time, and 6that would be authorized under that permit to increase annual 7permitted emissions. This subsection (aa) also applies to 8permit applications for modifications or expansions to 9existing sources that will result in an increase in the hourly 10rate of emissions or the total annual emissions of any air 11pollutant. The public meeting required under this subsection 12(aa) shall be held within the environmental justice community 13where the proposed source is located or to be located, and the 14applicant shall collect public comments at the meeting. 15 (1) Notice of the public meeting shall be provided 30 16 days in advance to: 17 (A) local elected officials in the area where the 18 proposed source is to be located, including the mayor 19 or village president, municipal clerk, county board 20 chairman, county clerk, and State's Attorney; 21 (B) members of the General Assembly from the 22 legislative district in which the proposed source is 23 to be located; and 24 (C) directors of child care centers licensed by 25 the Department of Children and Family Services, school 26 principals, and public park superintendents who SB1823- 43 -LRB103 25618 CPF 51967 b 1 oversee facilities located within one mile of the 2 proposed source. 3 (2) Notice of the public meeting shall be published in 4 a newspaper of general circulation. 5 (3) Notice of the public meeting shall be posted on a 6 website of the applicant with a link provided to the 7 Agency for posting on the Agency's website. 8 (4) Notice of the public meeting shall include all of 9 the following: 10 (A) the name and address of the applicant and the 11 proposed source; 12 (B) the activity or activities at the proposed 13 source to be permitted; 14 (C) the proposed source's anticipated potential to 15 emit and allowable emissions of regulated pollutants; 16 (D) the date, time, and location of the public 17 meeting; 18 (E) the deadline for submission of written 19 comments; 20 (F) the mailing address or email address where 21 written comments can be submitted; and 22 (G) the website where the summary of the 23 environmental justice assessment required under 24 subsection (bb) can be accessed. 25 (5) If the population of individuals who reside within 26 one mile of the source includes individuals within a SB1823- 44 -LRB103 25618 CPF 51967 b 1 linguistically isolated community, then the applicant 2 shall provide the public notice in a multilingual format 3 appropriate to the needs of the linguistically isolated 4 community and shall provide oral and written translation 5 services at the public meeting. 6 At the public meeting, the applicant shall present a 7summary of the environmental justice assessment required under 8subsection (bb). 9 The applicant must accept written public comments from the 10date public notice of the meeting is provided until at least 30 11days after the date of the public meeting. 12 The applicant must provide with its permit application a 13copy of the meeting notice and a certification, under penalty 14of law, signed by a responsible official for the permit 15applicant attesting (i) to the fact that a public meeting was 16held, (ii) to the information that was provided by the 17applicant at the public meeting, and (iii) that the applicant 18collected written comments and transcribed oral public 19comments in accordance with the requirements of this 20subsection (aa). 21 The failure of the applicant to comply with the express 22procedural requirements under this subsection (aa) shall 23result in denial of a permit application submitted to the 24Agency. 25 The Agency may propose and the Board may adopt rules 26regarding the implementation of this subsection (aa). SB1823- 45 -LRB103 25618 CPF 51967 b 1 (bb) The Agency shall not issue any of the construction 2permits described in subsection (aa) unless the applicant for 3the permit submits to the Agency with its permit application 4proof that the permit applicant has conducted an environmental 5justice assessment for the proposed project. The environmental 6justice assessment shall consist of the following: 7 (1) Air dispersion modeling examining the air 8 quality-related impacts from the proposed project in 9 combination with existing mobile and stationary air 10 pollutant emitting sources. 11 The air dispersion modeling must address emissions 12 associated with issuance of the permit. 13 If the air dispersion modeling reveals estimated 14 off-site impacts from the proposed project, the applicant 15 shall also identify efforts that will be undertaken by the 16 applicant during the construction or operation of the new 17 source to mitigate such impacts. 18 (2) A modeling protocol submitted to the Agency for 19 review and consideration prior to performance of the air 20 dispersion modeling. The modeling protocol shall include 21 analyses sufficient to evaluate short-term impacts to air 22 quality and impacts to air quality from nonstandard 23 operating conditions, such as worst-case emission 24 estimates under a variety of weather and atmospheric 25 conditions and emissions associated with startup, 26 shutdown, maintenance, and outages. Any Agency SB1823- 46 -LRB103 25618 CPF 51967 b 1 recommendations for revisions to the modeling protocol 2 shall be provided in writing to the applicant within 120 3 days after receipt of the modeling protocol. The modeling 4 shall be performed using accepted USEPA methodologies. 5 (3) An environmental impact review evaluating the 6 direct, indirect, and cumulative environmental impacts 7 within the environmental justice community that are 8 associated with the proposed project. The environmental 9 impact review shall include, but shall not be limited to, 10 the following: 11 (A) a qualitative and quantitative assessment of 12 emissions-related impacts of the project on the area, 13 including an estimate of the maximum allowable 14 emissions of criteria pollutants and hazardous air 15 pollutants from the source; and 16 (B) an assessment of the health-based indicators 17 for inhalation exposure, including, but not limited 18 to, impacts to the respiratory, hematological, 19 neurological, cardiovascular, renal, and hepatic 20 systems and cancer rates. 21 The environmental justice assessment must be completed by 22an independent third party. 23 If the environmental justice assessment shows that the 24proposed project will cause harm to the environment or public 25health, the Agency shall impose conditions in the permit that 26will mitigate such harm, or it shall deny the permit if such SB1823- 47 -LRB103 25618 CPF 51967 b 1harm is unavoidable and causes or contributes to 2disproportionate harm. 3 The Agency shall propose and the Board shall adopt rules 4regarding the implementation of this subsection (bb), 5including, at a minimum, the type and nature of air dispersion 6modeling, the contents of the modeling protocol and 7environmental impact review, and a description of harm and 8disproportionate harm that may be evidenced by the 9environmental justice assessment. 10 (cc) The Agency shall not issue any of the following 11construction permits unless the Agency conducts an evaluation 12of the prospective owner's or operator's prior experience in 13owning and operating sources of air pollution: (i) a 14construction permit for a new source that is to be located in 15an environmental justice community, that will require a CAAPP 16permit or a federally enforceable State operating permit, and 17that would be authorized under that permit to increase annual 18permitted emissions; (ii) a construction permit for any 19existing source that is located in an environmental justice 20community, that, on the effective date of this amendatory Act 21of the 103rd General Assembly, possesses a CAAPP permit or 22federally enforceable State operating permit, and that would 23be authorized under that permit to increase annual permitted 24emissions; or (iii) a construction permit for any existing 25source that is located in an environmental justice community, 26that would require a new CAAPP permit or new federally SB1823- 48 -LRB103 25618 CPF 51967 b 1enforceable State operating permit for the first time, and 2that would be authorized under that permit to increase annual 3permitted emissions. The Agency may deny the permit if the 4prospective owner or operator or any employee or officer of 5the prospective owner or operator or any board member has a 6history of: 7 (1) repeated violations of federal, State, or local 8 laws, rules, regulations, standards, or ordinances in the 9 ownership or operation of sources of air pollution; 10 (2) conviction in this State, another state, or 11 federal court of knowingly submitting false information 12 under any environmental law, rule, regulation, or permit 13 term or condition; or 14 (3) proof of gross carelessness or incompetence in the 15 ownership or operation of a source of air pollution. 16(Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22; 17102-558, eff. 8-20-21; 102-813, eff. 5-13-22.) 18 (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2) 19 Sec. 39.2. Local siting review. 20 (a) The county board of the county or the governing body of 21the municipality, as determined by paragraph (c) of Section 39 22of this Act, shall, subject to review, approve or disapprove 23the request for local siting approval for each pollution 24control facility and each of the following construction 25permits: (i) a construction permit for a new source that is to SB1823- 49 -LRB103 25618 CPF 51967 b 1be located in an environmental justice community, that will 2require a CAAPP permit or a federally enforceable State 3operating permit, and that would be authorized under that 4permit to increase annual permitted emissions; (ii) a 5construction permit for any existing source that is located in 6an environmental justice community, that, on the effective 7date of this amendatory Act of the 103rd General Assembly, 8possesses a CAAPP permit or federally enforceable State 9operating permit, and that would be authorized under that 10permit to increase annual permitted emissions; or (iii) a 11construction permit for any existing source that is located in 12an environmental justice community, that would require a new 13CAAPP permit or new federally enforceable State operating 14permit for the first time, and that would be authorized under 15that permit to increase annual permitted emissions. which is 16subject to such review. An applicant for local siting approval 17shall submit sufficient details describing the proposed 18facility and evidence to demonstrate compliance, and local 19siting approval shall be granted only if the proposed facility 20meets the following criteria: 21 (i) the pollution control facility is necessary to 22 accommodate the waste needs of the area it is intended to 23 serve; 24 (ii) the pollution control facility or air pollution 25 source is so designed, located, and proposed to be 26 operated that the public health, safety, and welfare will SB1823- 50 -LRB103 25618 CPF 51967 b 1 be protected; 2 (iii) the pollution control facility or air pollution 3 source is located so as to minimize incompatibility with 4 the character of the surrounding area and to minimize the 5 effect on the value of the surrounding property; 6 (iv) (A) for a pollution control facility other than a 7 sanitary landfill or waste disposal site, the pollution 8 control facility is located outside the boundary of the 9 100-year 100 year flood plain or the site is 10 flood-proofed; (B) for a pollution control facility that 11 is a sanitary landfill or waste disposal site, the 12 pollution control facility is located outside the boundary 13 of the 100-year floodplain, or if the pollution control 14 facility is a facility described in subsection (b)(3) of 15 Section 22.19a, the site is flood-proofed; 16 (v) the plan of operations for the pollution control 17 facility or air pollution source is designed to minimize 18 the danger to the surrounding area from fire, spills, or 19 other operational accidents; 20 (vi) the traffic patterns to or from the pollution 21 control facility or air pollution source are so designed 22 as to minimize the impact on existing traffic flows; 23 (vii) if the pollution control facility will be 24 treating, storing, or disposing of hazardous waste, an 25 emergency response plan exists for the facility which 26 includes notification, containment, and evacuation SB1823- 51 -LRB103 25618 CPF 51967 b 1 procedures to be used in case of an accidental release; 2 (viii) if the pollution control facility is to be 3 located in a county where the county board has adopted a 4 solid waste management plan consistent with the planning 5 requirements of the Local Solid Waste Disposal Act or the 6 Solid Waste Planning and Recycling Act, the pollution 7 control facility is consistent with that plan; for 8 purposes of this criterion (viii), the "solid waste 9 management plan" means the plan that is in effect as of the 10 date the application for siting approval is filed; and 11 (ix) if the pollution control facility will be located 12 within a regulated recharge area, any applicable 13 requirements specified by the Board for such areas have 14 been met. 15 The county board or the governing body of the municipality 16may also consider as evidence the previous operating 17experience and past record of convictions or admissions of 18violations of the pollution control facility applicant (and 19any subsidiary or parent corporation) in the field of solid 20waste management when considering criteria (ii) and (v) under 21this Section. 22 If the pollution control facility is subject to the 23location restrictions in Section 22.14 of this Act, compliance 24with that Section shall be determined as of the date the 25application for siting approval is filed. 26 (b) No later than 14 days before the date on which the SB1823- 52 -LRB103 25618 CPF 51967 b 1county board or governing body of the municipality receives a 2request for site approval, the applicant shall cause written 3notice of such request to be served either in person or by 4registered mail, return receipt requested, on the owners of 5all property within the subject area not solely owned by the 6applicant, and on the owners of all property within 250 feet in 7each direction of the lot line of the subject property, said 8owners being such persons or entities which appear from the 9authentic tax records of the county County in which such 10pollution control facility or air pollution source is to be 11located; provided, that the number of all feet occupied by all 12public roads, streets, alleys, and other public ways shall be 13excluded in computing the 250 feet requirement; provided 14further, that in no event shall this requirement exceed 400 15feet, including public streets, alleys, and other public ways. 16 Such written notice shall also be served upon members of 17the General Assembly from the legislative district in which 18the proposed pollution control facility or air pollution 19source is located and shall be published in a newspaper of 20general circulation published in the county in which the site 21is located. 22 Such notice shall state the name and address of the 23applicant, the location of the proposed site, the nature and 24size of the development, the nature of the activity proposed, 25the probable life of the proposed activity, the date when the 26request for site approval will be submitted, and a description SB1823- 53 -LRB103 25618 CPF 51967 b 1of the right of persons to comment on such request as hereafter 2provided. 3 (c) An applicant shall file a copy of its request with the 4county board of the county or the governing body of the 5municipality in which the proposed site is located. The 6request shall include (i) the substance of the applicant's 7proposal and (ii) all documents, if any, submitted as of that 8date to the Agency pertaining to the proposed pollution 9control facility or air pollution source, except trade secrets 10as determined under Section 7.1 of this Act. All such 11documents or other materials on file with the county board or 12governing body of the municipality shall be made available for 13public inspection at the office of the county board or the 14governing body of the municipality and may be copied upon 15payment of the actual cost of reproduction. 16 Any person may file written comment with the county board 17or governing body of the municipality concerning the 18appropriateness of the proposed site for its intended purpose. 19The county board or governing body of the municipality shall 20consider any comment received or postmarked not later than 30 21days after the date of the last public hearing. 22 (d) At least one public hearing, at which an applicant 23shall present at least one witness to testify subject to 24cross-examination, is to be held by the county board or 25governing body of the municipality no sooner than 90 days but 26no later than 120 days after the date on which it received the SB1823- 54 -LRB103 25618 CPF 51967 b 1request for site approval. No later than 14 days prior to such 2hearing, notice shall be published in a newspaper of general 3circulation published in the county of the proposed site, and 4delivered by certified mail to all members of the General 5Assembly from the district in which the proposed site is 6located, to the governing authority of every municipality 7contiguous to the proposed site or contiguous to the 8municipality in which the proposed site is to be located, to 9the county board of the county where the proposed site is to be 10located, if the proposed site is located within the boundaries 11of a municipality, and to the Agency. Members or 12representatives of the governing authority of a municipality 13contiguous to the proposed site or contiguous to the 14municipality in which the proposed site is to be located and, 15if the proposed site is located in a municipality, members or 16representatives of the county board of a county in which the 17proposed site is to be located may appear at and participate in 18public hearings held pursuant to this Section. The public 19hearing shall develop a record sufficient to form the basis of 20appeal of the decision in accordance with Section 40.1 of this 21Act. The fact that a member of the county board or governing 22body of the municipality has publicly expressed an opinion on 23an issue related to a site review proceeding shall not 24preclude the member from taking part in the proceeding and 25voting on the issue. 26 (e) Decisions of the county board or governing body of the SB1823- 55 -LRB103 25618 CPF 51967 b 1municipality are to be in writing, confirming a public hearing 2was held with testimony from at least one witness presented by 3the applicant, specifying the reasons for the decision, such 4reasons to be in conformance with subsection (a) of this 5Section. In granting approval for a site the county board or 6governing body of the municipality may impose such conditions 7as may be reasonable and necessary to accomplish the purposes 8of this Section and as are not inconsistent with regulations 9promulgated by the Board. Such decision shall be available for 10public inspection at the office of the county board or 11governing body of the municipality and may be copied upon 12payment of the actual cost of reproduction. If there is no 13final action by the county board or governing body of the 14municipality within 180 days after the date on which it 15received the request for site approval, the applicant may deem 16the request approved. 17 At the public hearing, at any time prior to completion by 18the applicant of the presentation of the applicant's factual 19evidence, testimony, and an opportunity for cross-examination 20by the county board or governing body of the municipality and 21any participants, the applicant may file not more than one 22amended application upon payment of additional fees pursuant 23to subsection (k); in which case the time limitation for final 24action set forth in this subsection (e) shall be extended for 25an additional period of 90 days. 26 If, prior to making a final local siting decision, a SB1823- 56 -LRB103 25618 CPF 51967 b 1county board or governing body of a municipality has 2negotiated and entered into a host agreement with the local 3siting applicant, the terms and conditions of the host 4agreement, whether written or oral, shall be disclosed and 5made a part of the hearing record for that local siting 6proceeding. In the case of an oral agreement, the disclosure 7shall be made in the form of a written summary jointly prepared 8and submitted by the county board or governing body of the 9municipality and the siting applicant and shall describe the 10terms and conditions of the oral agreement. 11 (e-5) Siting approval obtained pursuant to this Section is 12transferable and may be transferred to a subsequent owner or 13operator. In the event that siting approval has been 14transferred to a subsequent owner or operator, that subsequent 15owner or operator assumes and takes subject to any and all 16conditions imposed upon the prior owner or operator by the 17county board of the county or governing body of the 18municipality pursuant to subsection (e). However, any such 19conditions imposed pursuant to this Section may be modified by 20agreement between the subsequent owner or operator and the 21appropriate county board or governing body. Further, in the 22event that siting approval obtained pursuant to this Section 23has been transferred to a subsequent owner or operator, that 24subsequent owner or operator assumes all rights and 25obligations and takes the facility subject to any and all 26terms and conditions of any existing host agreement between SB1823- 57 -LRB103 25618 CPF 51967 b 1the prior owner or operator and the appropriate county board 2or governing body. 3 (f) A local siting approval granted under this Section 4shall expire at the end of 2 calendar years from the date upon 5which it was granted, unless the local siting approval granted 6under this Section is for a sanitary landfill operation, in 7which case the approval shall expire at the end of 3 calendar 8years from the date upon which it was granted, and unless 9within that period the applicant has made application to the 10Agency for a permit to develop the site. In the event that the 11local siting decision has been appealed, such expiration 12period shall be deemed to begin on the date upon which the 13appeal process is concluded. 14 Except as otherwise provided in this subsection, upon the 15expiration of a development permit under subsection (k) of 16Section 39, any associated local siting approval granted for 17the facility under this Section shall also expire. 18 If a first development permit for a municipal waste 19incineration facility expires under subsection (k) of Section 2039 after September 30, 1989 due to circumstances beyond the 21control of the applicant, any associated local siting approval 22granted for the facility under this Section may be used to 23fulfill the local siting approval requirement upon application 24for a second development permit for the same site, provided 25that the proposal in the new application is materially the 26same, with respect to the criteria in subsection (a) of this SB1823- 58 -LRB103 25618 CPF 51967 b 1Section, as the proposal that received the original siting 2approval, and application for the second development permit is 3made before January 1, 1990. 4 (g) The siting approval procedures, criteria and appeal 5procedures provided for in this Act for new pollution control 6facilities shall be the exclusive siting procedures and rules 7and appeal procedures for facilities subject to such 8procedures. Local zoning or other local land use requirements 9shall not be applicable to such siting decisions. 10 (h) Nothing in this Section shall apply to any existing or 11new pollution control facility located within the corporate 12limits of a municipality with a population of over 1,000,000. 13 (i) (Blank.) 14 The Board shall adopt regulations establishing the 15geologic and hydrologic siting criteria necessary to protect 16usable groundwater resources which are to be followed by the 17Agency in its review of permit applications for new pollution 18control facilities. Such regulations, insofar as they apply to 19new pollution control facilities authorized to store, treat or 20dispose of any hazardous waste, shall be at least as stringent 21as the requirements of the Resource Conservation and Recovery 22Act and any State or federal regulations adopted pursuant 23thereto. 24 (j) Any new pollution control facility which has never 25obtained local siting approval under the provisions of this 26Section shall be required to obtain such approval after a SB1823- 59 -LRB103 25618 CPF 51967 b 1final decision on an appeal of a permit denial. 2 (k) A county board or governing body of a municipality may 3charge applicants for siting review under this Section a 4reasonable fee to cover the reasonable and necessary costs 5incurred by such county or municipality in the siting review 6process. 7 (l) The governing Authority as determined by subsection 8(c) of Section 39 of this Act may request the Department of 9Transportation to perform traffic impact studies of proposed 10or potential locations for required pollution control 11facilities. 12 (m) An applicant may not file a request for local siting 13approval which is substantially the same as a request which 14was disapproved pursuant to a finding against the applicant 15under any of criteria (i) through (ix) of subsection (a) of 16this Section within the preceding 2 years. 17 (n) In any review proceeding of a decision of the county 18board or governing body of a municipality made pursuant to the 19local siting review process, the petitioner in the review 20proceeding shall pay to the county or municipality the cost of 21preparing and certifying the record of proceedings. Should the 22petitioner in the review proceeding fail to make payment, the 23provisions of Section 3-109 of the Code of Civil Procedure 24shall apply. 25 In the event the petitioner is a citizens' group that 26participated in the siting proceeding and is so located as to SB1823- 60 -LRB103 25618 CPF 51967 b 1be affected by the proposed facility, such petitioner shall be 2exempt from paying the costs of preparing and certifying the 3record. 4 (o) Notwithstanding any other provision of this Section, a 5transfer station used exclusively for landscape waste, where 6landscape waste is held no longer than 24 hours from the time 7it was received, is not subject to the requirements of local 8siting approval under this Section, but is subject only to 9local zoning approval. 10 (p) The siting approval procedures, criteria, and appeal 11procedures provided for in this Act for new air pollution 12sources shall be in addition to the applicable local land use 13and zoning standards, procedures, rules, and appeal 14procedures, including separate environmental justice and 15cumulative environmental impact reviews and requirements as 16may be adopted locally. Local zoning or other local land use 17requirements shall continue to be applicable to siting 18decisions for new air pollution sources in addition to the 19siting approval procedures, criteria, and appeal procedures 20provided in this Act. 21(Source: P.A. 100-382, eff. 8-25-17.) 22 (415 ILCS 5/39.5) (from Ch. 111 1/2, par. 1039.5) 23 Sec. 39.5. Clean Air Act Permit Program. 24 1. Definitions. For purposes of this Section: 25 "Administrative permit amendment" means a permit revision SB1823- 61 -LRB103 25618 CPF 51967 b 1subject to subsection 13 of this Section. 2 "Affected source for acid deposition" means a source that 3includes one or more affected units under Title IV of the Clean 4Air Act. 5 "Affected States" for purposes of formal distribution of a 6draft CAAPP permit to other States for comments prior to 7issuance, means all States: 8 (1) Whose air quality may be affected by the source 9 covered by the draft permit and that are contiguous to 10 Illinois; or 11 (2) That are within 50 miles of the source. 12 "Affected unit for acid deposition" shall have the meaning 13given to the term "affected unit" in the regulations 14promulgated under Title IV of the Clean Air Act. 15 "Applicable Clean Air Act requirement" means all of the 16following as they apply to emissions units in a source 17(including regulations that have been promulgated or approved 18by USEPA pursuant to the Clean Air Act which directly impose 19requirements upon a source and other such federal requirements 20which have been adopted by the Board. These may include 21requirements and regulations which have future effective 22compliance dates. Requirements and regulations will be exempt 23if USEPA determines that such requirements need not be 24contained in a Title V permit): 25 (1) Any standard or other requirement provided for in 26 the applicable state implementation plan approved or SB1823- 62 -LRB103 25618 CPF 51967 b 1 promulgated by USEPA under Title I of the Clean Air Act 2 that implements the relevant requirements of the Clean Air 3 Act, including any revisions to the state Implementation 4 Plan promulgated in 40 CFR Part 52, Subparts A and O and 5 other subparts applicable to Illinois. For purposes of 6 this paragraph (1) of this definition, "any standard or 7 other requirement" means only such standards or 8 requirements directly enforceable against an individual 9 source under the Clean Air Act. 10 (2)(i) Any term or condition of any preconstruction 11 permits issued pursuant to regulations approved or 12 promulgated by USEPA under Title I of the Clean Air 13 Act, including Part C or D of the Clean Air Act. 14 (ii) Any term or condition as required pursuant to 15 Section 39.5 of any federally enforceable State 16 operating permit issued pursuant to regulations 17 approved or promulgated by USEPA under Title I of the 18 Clean Air Act, including Part C or D of the Clean Air 19 Act. 20 (3) Any standard or other requirement under Section 21 111 of the Clean Air Act, including Section 111(d). 22 (4) Any standard or other requirement under Section 23 112 of the Clean Air Act, including any requirement 24 concerning accident prevention under Section 112(r)(7) of 25 the Clean Air Act. 26 (5) Any standard or other requirement of the acid rain SB1823- 63 -LRB103 25618 CPF 51967 b 1 program under Title IV of the Clean Air Act or the 2 regulations promulgated thereunder. 3 (6) Any requirements established pursuant to Section 4 504(b) or Section 114(a)(3) of the Clean Air Act. 5 (7) Any standard or other requirement governing solid 6 waste incineration, under Section 129 of the Clean Air 7 Act. 8 (8) Any standard or other requirement for consumer and 9 commercial products, under Section 183(e) of the Clean Air 10 Act. 11 (9) Any standard or other requirement for tank 12 vessels, under Section 183(f) of the Clean Air Act. 13 (10) Any standard or other requirement of the program 14 to control air pollution from Outer Continental Shelf 15 sources, under Section 328 of the Clean Air Act. 16 (11) Any standard or other requirement of the 17 regulations promulgated to protect stratospheric ozone 18 under Title VI of the Clean Air Act, unless USEPA has 19 determined that such requirements need not be contained in 20 a Title V permit. 21 (12) Any national ambient air quality standard or 22 increment or visibility requirement under Part C of Title 23 I of the Clean Air Act, but only as it would apply to 24 temporary sources permitted pursuant to Section 504(e) of 25 the Clean Air Act. 26 "Applicable requirement" means all applicable Clean Air SB1823- 64 -LRB103 25618 CPF 51967 b 1Act requirements and any other standard, limitation, or other 2requirement contained in this Act or regulations promulgated 3under this Act as applicable to sources of air contaminants 4(including requirements that have future effective compliance 5dates). 6 "CAAPP" means the Clean Air Act Permit Program, developed 7pursuant to Title V of the Clean Air Act. 8 "CAAPP application" means an application for a CAAPP 9permit. 10 "CAAPP Permit" or "permit" (unless the context suggests 11otherwise) means any permit issued, renewed, amended, modified 12or revised pursuant to Title V of the Clean Air Act. 13 "CAAPP source" means any source for which the owner or 14operator is required to obtain a CAAPP permit pursuant to 15subsection 2 of this Section. 16 "Clean Air Act" means the Clean Air Act, as now and 17hereafter amended, 42 U.S.C. 7401, et seq. 18 "Designated representative" has the meaning given to it in 19Section 402(26) of the Clean Air Act and the regulations 20promulgated thereunder, which state that the term "designated 21representative" means a responsible person or official 22authorized by the owner or operator of a unit to represent the 23owner or operator in all matters pertaining to the holding, 24transfer, or disposition of allowances allocated to a unit, 25and the submission of and compliance with permits, permit 26applications, and compliance plans for the unit. SB1823- 65 -LRB103 25618 CPF 51967 b 1 "Draft CAAPP permit" means the version of a CAAPP permit 2for which public notice and an opportunity for public comment 3and hearing is offered by the Agency. 4 "Effective date of the CAAPP" means the date that USEPA 5approves Illinois' CAAPP. 6 "Emission unit" means any part or activity of a stationary 7source that emits or has the potential to emit any air 8pollutant. This term is not meant to alter or affect the 9definition of the term "unit" for purposes of Title IV of the 10Clean Air Act. 11 "Federally enforceable" means enforceable by USEPA. 12 "Final permit action" means the Agency's granting with 13conditions, refusal to grant, renewal of, or revision of a 14CAAPP permit, the Agency's determination of incompleteness of 15a submitted CAAPP application, or the Agency's failure to act 16on an application for a permit, permit renewal, or permit 17revision within the time specified in subsection 13, 18subsection 14, or paragraph (j) of subsection 5 of this 19Section. 20 "General permit" means a permit issued to cover numerous 21similar sources in accordance with subsection 11 of this 22Section. 23 "Major source" means a source for which emissions of one 24or more air pollutants meet the criteria for major status 25pursuant to paragraph (c) of subsection 2 of this Section. 26 "Maximum achievable control technology" or "MACT" means SB1823- 66 -LRB103 25618 CPF 51967 b 1the maximum degree of reductions in emissions deemed 2achievable under Section 112 of the Clean Air Act. 3 "Owner or operator" means any person who owns, leases, 4operates, controls, or supervises a stationary source. 5 "Permit modification" means a revision to a CAAPP permit 6that cannot be accomplished under the provisions for 7administrative permit amendments under subsection 13 of this 8Section. 9 "Permit revision" means a permit modification or 10administrative permit amendment. 11 "Phase II" means the period of the national acid rain 12program, established under Title IV of the Clean Air Act, 13beginning January 1, 2000, and continuing thereafter. 14 "Phase II acid rain permit" means the portion of a CAAPP 15permit issued, renewed, modified, or revised by the Agency 16during Phase II for an affected source for acid deposition. 17 "Potential to emit" means the maximum capacity of a 18stationary source to emit any air pollutant under its physical 19and operational design. Any physical or operational limitation 20on the capacity of a source to emit an air pollutant, including 21air pollution control equipment and restrictions on hours of 22operation or on the type or amount of material combusted, 23stored, or processed, shall be treated as part of its design if 24the limitation is enforceable by USEPA. This definition does 25not alter or affect the use of this term for any other purposes 26under the Clean Air Act, or the term "capacity factor" as used SB1823- 67 -LRB103 25618 CPF 51967 b 1in Title IV of the Clean Air Act or the regulations promulgated 2thereunder. 3 "Preconstruction Permit" or "Construction Permit" means a 4permit which is to be obtained prior to commencing or 5beginning actual construction or modification of a source or 6emissions unit. 7 "Proposed CAAPP permit" means the version of a CAAPP 8permit that the Agency proposes to issue and forwards to USEPA 9for review in compliance with applicable requirements of the 10Act and regulations promulgated thereunder. 11 "Regulated air pollutant" means the following: 12 (1) Nitrogen oxides (NOx) or any volatile organic 13 compound. 14 (2) Any pollutant for which a national ambient air 15 quality standard has been promulgated. 16 (3) Any pollutant that is subject to any standard 17 promulgated under Section 111 of the Clean Air Act. 18 (4) Any Class I or II substance subject to a standard 19 promulgated under or established by Title VI of the Clean 20 Air Act. 21 (5) Any pollutant subject to a standard promulgated 22 under Section 112 or other requirements established under 23 Section 112 of the Clean Air Act, including Sections 24 112(g), (j) and (r). 25 (i) Any pollutant subject to requirements under 26 Section 112(j) of the Clean Air Act. Any pollutant SB1823- 68 -LRB103 25618 CPF 51967 b 1 listed under Section 112(b) for which the subject 2 source would be major shall be considered to be 3 regulated 18 months after the date on which USEPA was 4 required to promulgate an applicable standard pursuant 5 to Section 112(e) of the Clean Air Act, if USEPA fails 6 to promulgate such standard. 7 (ii) Any pollutant for which the requirements of 8 Section 112(g)(2) of the Clean Air Act have been met, 9 but only with respect to the individual source subject 10 to Section 112(g)(2) requirement. 11 (6) Greenhouse gases. 12 "Renewal" means the process by which a permit is reissued 13at the end of its term. 14 "Responsible official" means one of the following: 15 (1) For a corporation: a president, secretary, 16 treasurer, or vice-president of the corporation in charge 17 of a principal business function, or any other person who 18 performs similar policy or decision-making functions for 19 the corporation, or a duly authorized representative of 20 such person if the representative is responsible for the 21 overall operation of one or more manufacturing, 22 production, or operating facilities applying for or 23 subject to a permit and either (i) the facilities employ 24 more than 250 persons or have gross annual sales or 25 expenditures exceeding $25 million (in second quarter 1980 26 dollars), or (ii) the delegation of authority to such SB1823- 69 -LRB103 25618 CPF 51967 b 1 representative is approved in advance by the Agency. 2 (2) For a partnership or sole proprietorship: a 3 general partner or the proprietor, respectively, or in the 4 case of a partnership in which all of the partners are 5 corporations, a duly authorized representative of the 6 partnership 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 (3) For a municipality, State, Federal, or other 15 public agency: either a principal executive officer or 16 ranking elected official. For the purposes of this part, a 17 principal executive officer of a Federal agency includes 18 the chief executive officer having responsibility for the 19 overall operations of a principal geographic unit of the 20 agency (e.g., a Regional Administrator of USEPA). 21 (4) For affected sources for acid deposition: 22 (i) The designated representative shall be the 23 "responsible official" in so far as actions, 24 standards, requirements, or prohibitions under Title 25 IV of the Clean Air Act or the regulations promulgated 26 thereunder are concerned. SB1823- 70 -LRB103 25618 CPF 51967 b 1 (ii) The designated representative may also be the 2 "responsible official" for any other purposes with 3 respect to air pollution control. 4 "Section 502(b)(10) changes" means changes that contravene 5express permit terms. "Section 502(b)(10) changes" do not 6include changes that would violate applicable requirements or 7contravene federally enforceable permit terms or conditions 8that are monitoring (including test methods), recordkeeping, 9reporting, or compliance certification requirements. 10 "Solid waste incineration unit" means a distinct operating 11unit of any facility which combusts any solid waste material 12from commercial or industrial establishments or the general 13public (including single and multiple residences, hotels, and 14motels). The term does not include incinerators or other units 15required to have a permit under Section 3005 of the Solid Waste 16Disposal Act. The term also does not include (A) materials 17recovery facilities (including primary or secondary smelters) 18which combust waste for the primary purpose of recovering 19metals, (B) qualifying small power production facilities, as 20defined in Section 3(17)(C) of the Federal Power Act (16 21U.S.C. 769(17)(C)), or qualifying cogeneration facilities, as 22defined in Section 3(18)(B) of the Federal Power Act (16 23U.S.C. 796(18)(B)), which burn homogeneous waste (such as 24units which burn tires or used oil, but not including 25refuse-derived fuel) for the production of electric energy or 26in the case of qualifying cogeneration facilities which burn SB1823- 71 -LRB103 25618 CPF 51967 b 1homogeneous waste for the production of electric energy and 2steam or forms of useful energy (such as heat) which are used 3for industrial, commercial, heating or cooling purposes, or 4(C) air curtain incinerators provided that such incinerators 5only burn wood wastes, yard waste and clean lumber and that 6such air curtain incinerators comply with opacity limitations 7to be established by the USEPA by rule. 8 "Source" means any stationary source (or any group of 9stationary sources) that is located on one or more contiguous 10or adjacent properties that are under common control of the 11same person (or persons under common control) and that belongs 12to a single major industrial grouping. For the purposes of 13defining "source," a stationary source or group of stationary 14sources shall be considered part of a single major industrial 15grouping if all of the pollutant emitting activities at such 16source or group of sources located on contiguous or adjacent 17properties and under common control belong to the same Major 18Group (i.e., all have the same two-digit code) as described in 19the Standard Industrial Classification Manual, 1987, or such 20pollutant emitting activities at a stationary source (or group 21of stationary sources) located on contiguous or adjacent 22properties and under common control constitute a support 23facility. The determination as to whether any group of 24stationary sources is located on contiguous or adjacent 25properties, and/or is under common control, and/or whether the 26pollutant emitting activities at such group of stationary SB1823- 72 -LRB103 25618 CPF 51967 b 1sources constitute a support facility shall be made on a case 2by case basis. 3 "Stationary source" means any building, structure, 4facility, or installation that emits or may emit any regulated 5air pollutant or any pollutant listed under Section 112(b) of 6the Clean Air Act, except those emissions resulting directly 7from an internal combustion engine for transportation purposes 8or from a nonroad engine or nonroad vehicle as defined in 9Section 216 of the Clean Air Act. 10 "Subject to regulation" has the meaning given to it in 40 11CFR 70.2, as now or hereafter amended. 12 "Support facility" means any stationary source (or group 13of stationary sources) that conveys, stores, or otherwise 14assists to a significant extent in the production of a 15principal product at another stationary source (or group of 16stationary sources). A support facility shall be considered to 17be part of the same source as the stationary source (or group 18of stationary sources) that it supports regardless of the 192-digit Standard Industrial Classification code for the 20support facility. 21 "USEPA" means the Administrator of the United States 22Environmental Protection Agency (USEPA) or a person designated 23by the Administrator. 24 1.1. Exclusion From the CAAPP. 25 a. An owner or operator of a source which determines SB1823- 73 -LRB103 25618 CPF 51967 b 1 that the source could be excluded from the CAAPP may seek 2 such exclusion prior to the date that the CAAPP 3 application for the source is due but in no case later than 4 9 months after the effective date of the CAAPP through the 5 imposition of federally enforceable conditions limiting 6 the "potential to emit" of the source to a level below the 7 major source threshold for that source as described in 8 paragraph (c) of subsection 2 of this Section, within a 9 State operating permit issued pursuant to subsection (a) 10 of Section 39 of this Act. After such date, an exclusion 11 from the CAAPP may be sought under paragraph (c) of 12 subsection 3 of this Section. 13 b. An owner or operator of a source seeking exclusion 14 from the CAAPP pursuant to paragraph (a) of this 15 subsection must submit a permit application consistent 16 with the existing State permit program which specifically 17 requests such exclusion through the imposition of such 18 federally enforceable conditions. 19 c. Upon such request, if the Agency determines that 20 the owner or operator of a source has met the requirements 21 for exclusion pursuant to paragraph (a) of this subsection 22 and other applicable requirements for permit issuance 23 under subsection (a) of Section 39 of this Act, the Agency 24 shall issue a State operating permit for such source under 25 subsection (a) of Section 39 of this Act, as amended, and 26 regulations promulgated thereunder with federally SB1823- 74 -LRB103 25618 CPF 51967 b 1 enforceable conditions limiting the "potential to emit" of 2 the source to a level below the major source threshold for 3 that source as described in paragraph (c) of subsection 2 4 of this Section. 5 d. The Agency shall provide an owner or operator of a 6 source which may be excluded from the CAAPP pursuant to 7 this subsection with reasonable notice that the owner or 8 operator may seek such exclusion. 9 e. The Agency shall provide such sources with the 10 necessary permit application forms. 11 2. Applicability. 12 a. Sources subject to this Section shall include: 13 i. Any major source as defined in paragraph (c) of 14 this subsection. 15 ii. Any source subject to a standard or other 16 requirements promulgated under Section 111 (New Source 17 Performance Standards) or Section 112 (Hazardous Air 18 Pollutants) of the Clean Air Act, except that a source 19 is not required to obtain a permit solely because it is 20 subject to regulations or requirements under Section 21 112(r) of the Clean Air Act. 22 iii. Any affected source for acid deposition, as 23 defined in subsection 1 of this Section. 24 iv. Any other source subject to this Section under 25 the Clean Air Act or regulations promulgated SB1823- 75 -LRB103 25618 CPF 51967 b 1 thereunder, or applicable Board regulations. 2 b. Sources exempted from this Section shall include: 3 i. All sources listed in paragraph (a) of this 4 subsection that are not major sources, affected 5 sources for acid deposition or solid waste 6 incineration units required to obtain a permit 7 pursuant to Section 129(e) of the Clean Air Act, until 8 the source is required to obtain a CAAPP permit 9 pursuant to the Clean Air Act or regulations 10 promulgated thereunder. 11 ii. Nonmajor sources subject to a standard or 12 other requirements subsequently promulgated by USEPA 13 under Section 111 or 112 of the Clean Air Act that are 14 determined by USEPA to be exempt at the time a new 15 standard is promulgated. 16 iii. All sources and source categories that would 17 be required to obtain a permit solely because they are 18 subject to Part 60, Subpart AAA - Standards of 19 Performance for New Residential Wood Heaters (40 CFR 20 Part 60). 21 iv. All sources and source categories that would 22 be required to obtain a permit solely because they are 23 subject to Part 61, Subpart M - National Emission 24 Standard for Hazardous Air Pollutants for Asbestos, 25 Section 61.145 (40 CFR Part 61). 26 v. Any other source categories exempted by USEPA SB1823- 76 -LRB103 25618 CPF 51967 b 1 regulations pursuant to Section 502(a) of the Clean 2 Air Act. 3 vi. Major sources of greenhouse gas emissions 4 required to obtain a CAAPP permit under this Section 5 if any of the following occurs: 6 (A) enactment of federal legislation depriving 7 the Administrator of the USEPA of authority to 8 regulate greenhouse gases under the Clean Air Act; 9 (B) the issuance of any opinion, ruling, 10 judgment, order, or decree by a federal court 11 depriving the Administrator of the USEPA of 12 authority to regulate greenhouse gases under the 13 Clean Air Act; or 14 (C) action by the President of the United 15 States or the President's authorized agent, 16 including the Administrator of the USEPA, to 17 repeal or withdraw the Greenhouse Gas Tailoring 18 Rule (75 Fed. Reg. 31514, June 3, 2010). 19 If any event listed in this subparagraph (vi) 20 occurs, CAAPP permits issued after such event shall 21 not impose permit terms or conditions addressing 22 greenhouse gases during the effectiveness of any event 23 listed in subparagraph (vi). If any event listed in 24 this subparagraph (vi) occurs, any owner or operator 25 with a CAAPP permit that includes terms or conditions 26 addressing greenhouse gases may elect to submit an SB1823- 77 -LRB103 25618 CPF 51967 b 1 application to the Agency to address a revision or 2 repeal of such terms or conditions. If any owner or 3 operator submits such an application, the Agency shall 4 expeditiously process the permit application in 5 accordance with applicable laws and regulations. 6 Nothing in this subparagraph (vi) shall relieve an 7 owner or operator of a source from the requirement to 8 obtain a CAAPP permit for its emissions of regulated 9 air pollutants other than greenhouse gases, as 10 required by this Section. 11 c. For purposes of this Section the term "major 12 source" means any source that is: 13 i. A major source under Section 112 of the Clean 14 Air Act, which is defined as: 15 A. For pollutants other than radionuclides, 16 any stationary source or group of stationary 17 sources located within a contiguous area and under 18 common control that emits or has the potential to 19 emit, in the aggregate, 10 tons per year (tpy) or 20 more of any hazardous air pollutant which has been 21 listed pursuant to Section 112(b) of the Clean Air 22 Act, 25 tpy or more of any combination of such 23 hazardous air pollutants, or such lesser quantity 24 as USEPA may establish by rule. Notwithstanding 25 the preceding sentence, emissions from any oil or 26 gas exploration or production well (with its SB1823- 78 -LRB103 25618 CPF 51967 b 1 associated equipment) and emissions from any 2 pipeline compressor or pump station shall not be 3 aggregated with emissions from other similar 4 units, whether or not such units are in a 5 contiguous area or under common control, to 6 determine whether such stations are major sources. 7 B. For radionuclides, "major source" shall 8 have the meaning specified by the USEPA by rule. 9 ii. A major stationary source of air pollutants, 10 as defined in Section 302 of the Clean Air Act, that 11 directly emits or has the potential to emit, 100 tpy or 12 more of any air pollutant subject to regulation 13 (including any major source of fugitive emissions of 14 any such pollutant, as determined by rule by USEPA). 15 For purposes of this subsection, "fugitive emissions" 16 means those emissions which could not reasonably pass 17 through a stack, chimney, vent, or other 18 functionally-equivalent opening. The fugitive 19 emissions of a stationary source shall not be 20 considered in determining whether it is a major 21 stationary source for the purposes of Section 302(j) 22 of the Clean Air Act, unless the source belongs to one 23 of the following categories of stationary source: 24 A. Coal cleaning plants (with thermal dryers). 25 B. Kraft pulp mills. 26 C. Portland cement plants. SB1823- 79 -LRB103 25618 CPF 51967 b 1 D. Primary zinc smelters. 2 E. Iron and steel mills. 3 F. Primary aluminum ore reduction plants. 4 G. Primary copper smelters. 5 H. Municipal incinerators capable of charging 6 more than 250 tons of refuse per day. 7 I. Hydrofluoric, sulfuric, or nitric acid 8 plants. 9 J. Petroleum refineries. 10 K. Lime plants. 11 L. Phosphate rock processing plants. 12 M. Coke oven batteries. 13 N. Sulfur recovery plants. 14 O. Carbon black plants (furnace process). 15 P. Primary lead smelters. 16 Q. Fuel conversion plants. 17 R. Sintering plants. 18 S. Secondary metal production plants. 19 T. Chemical process plants. 20 U. Fossil-fuel boilers (or combination 21 thereof) totaling more than 250 million British 22 thermal units per hour heat input. 23 V. Petroleum storage and transfer units with a 24 total storage capacity exceeding 300,000 barrels. 25 W. Taconite ore processing plants. 26 X. Glass fiber processing plants. SB1823- 80 -LRB103 25618 CPF 51967 b 1 Y. Charcoal production plants. 2 Z. Fossil fuel-fired steam electric plants of 3 more than 250 million British thermal units per 4 hour heat input. 5 AA. All other stationary source categories, 6 which as of August 7, 1980 are being regulated by a 7 standard promulgated under Section 111 or 112 of 8 the Clean Air Act. 9 BB. Any other stationary source category 10 designated by USEPA by rule. 11 iii. A major stationary source as defined in part 12 D of Title I of the Clean Air Act including: 13 A. For ozone nonattainment areas, sources with 14 the potential to emit 100 tons or more per year of 15 volatile organic compounds or oxides of nitrogen 16 in areas classified as "marginal" or "moderate", 17 50 tons or more per year in areas classified as 18 "serious", 25 tons or more per year in areas 19 classified as "severe", and 10 tons or more per 20 year in areas classified as "extreme"; except that 21 the references in this clause to 100, 50, 25, and 22 10 tons per year of nitrogen oxides shall not 23 apply with respect to any source for which USEPA 24 has made a finding, under Section 182(f)(1) or (2) 25 of the Clean Air Act, that requirements otherwise 26 applicable to such source under Section 182(f) of SB1823- 81 -LRB103 25618 CPF 51967 b 1 the Clean Air Act do not apply. Such sources shall 2 remain subject to the major source criteria of 3 subparagraph (ii) of paragraph (c) of this 4 subsection. 5 B. For ozone transport regions established 6 pursuant to Section 184 of the Clean Air Act, 7 sources with the potential to emit 50 tons or more 8 per year of volatile organic compounds (VOCs). 9 C. For carbon monoxide nonattainment areas (1) 10 that are classified as "serious", and (2) in which 11 stationary sources contribute significantly to 12 carbon monoxide levels as determined under rules 13 issued by USEPA, sources with the potential to 14 emit 50 tons or more per year of carbon monoxide. 15 D. For particulate matter (PM-10) 16 nonattainment areas classified as "serious", 17 sources with the potential to emit 70 tons or more 18 per year of PM-10. 19 3. Agency Authority To Issue CAAPP Permits and Federally 20Enforceable State Operating Permits. 21 a. The Agency shall issue CAAPP permits under this 22 Section consistent with the Clean Air Act and regulations 23 promulgated thereunder and this Act and regulations 24 promulgated thereunder. 25 b. The Agency shall issue CAAPP permits for fixed SB1823- 82 -LRB103 25618 CPF 51967 b 1 terms of 5 years, except CAAPP permits issued for solid 2 waste incineration units combusting municipal waste which 3 shall be issued for fixed terms of 12 years and except 4 CAAPP permits for affected sources for acid deposition 5 which shall be issued for initial terms to expire on 6 December 31, 1999, and for fixed terms of 5 years 7 thereafter. 8 c. The Agency shall have the authority to issue a 9 State operating permit for a source under subsection (a) 10 of Section 39 of this Act, as amended, and regulations 11 promulgated thereunder, which includes federally 12 enforceable conditions limiting the "potential to emit" of 13 the source to a level below the major source threshold for 14 that source as described in paragraph (c) of subsection 2 15 of this Section, thereby excluding the source from the 16 CAAPP, when requested by the applicant pursuant to 17 paragraph (u) of subsection 5 of this Section. The public 18 notice requirements of this Section applicable to CAAPP 19 permits shall also apply to the initial issuance of 20 permits under this paragraph. 21 d. For purposes of this Act, a permit issued by USEPA 22 under Section 505 of the Clean Air Act, as now and 23 hereafter amended, shall be deemed to be a permit issued 24 by the Agency pursuant to Section 39.5 of this Act. 25 4. Transition. SB1823- 83 -LRB103 25618 CPF 51967 b 1 a. An owner or operator of a CAAPP source shall not be 2 required to renew an existing State operating permit for 3 any emission unit at such CAAPP source once a CAAPP 4 application timely submitted prior to expiration of the 5 State operating permit has been deemed complete. For 6 purposes other than permit renewal, the obligation upon 7 the owner or operator of a CAAPP source to obtain a State 8 operating permit is not removed upon submittal of the 9 complete CAAPP permit application. An owner or operator of 10 a CAAPP source seeking to make a modification to a source 11 prior to the issuance of its CAAPP permit shall be 12 required to obtain a construction permit, operating 13 permit, or both as required for such modification in 14 accordance with the State permit program under subsection 15 (a) of Section 39 of this Act, as amended, and regulations 16 promulgated thereunder. The application for such 17 construction permit, operating permit, or both shall be 18 considered an amendment to the CAAPP application submitted 19 for such source. 20 b. An owner or operator of a CAAPP source shall 21 continue to operate in accordance with the terms and 22 conditions of its applicable State operating permit 23 notwithstanding the expiration of the State operating 24 permit until the source's CAAPP permit has been issued. 25 c. An owner or operator of a CAAPP source shall submit 26 its initial CAAPP application to the Agency no later than SB1823- 84 -LRB103 25618 CPF 51967 b 1 12 months after the effective date of the CAAPP. The 2 Agency may request submittal of initial CAAPP applications 3 during this 12-month period according to a schedule set 4 forth within Agency procedures, however, in no event shall 5 the Agency require such submittal earlier than 3 months 6 after such effective date of the CAAPP. An owner or 7 operator may voluntarily submit its initial CAAPP 8 application prior to the date required within this 9 paragraph or applicable procedures, if any, subsequent to 10 the date the Agency submits the CAAPP to USEPA for 11 approval. 12 d. The Agency shall act on initial CAAPP applications 13 in accordance with paragraph (j) of subsection 5 of this 14 Section. 15 e. For purposes of this Section, the term "initial 16 CAAPP application" shall mean the first CAAPP application 17 submitted for a source existing as of the effective date 18 of the CAAPP. 19 f. The Agency shall provide owners or operators of 20 CAAPP sources with at least 3 months advance notice of the 21 date on which their applications are required to be 22 submitted. In determining which sources shall be subject 23 to early submittal, the Agency shall include among its 24 considerations the complexity of the permit application, 25 and the burden that such early submittal will have on the 26 source. SB1823- 85 -LRB103 25618 CPF 51967 b 1 g. The CAAPP permit shall upon becoming effective 2 supersede the State operating permit. 3 h. The Agency shall have the authority to adopt 4 procedural rules, in accordance with the Illinois 5 Administrative Procedure Act, as the Agency deems 6 necessary, to implement this subsection. 7 5. Applications and Completeness. 8 a. An owner or operator of a CAAPP source shall submit 9 its complete CAAPP application consistent with the Act and 10 applicable regulations. 11 b. An owner or operator of a CAAPP source shall submit 12 a single complete CAAPP application covering all emission 13 units at that source. 14 c. To be deemed complete, a CAAPP application must 15 provide all information, as requested in Agency 16 application forms, sufficient to evaluate the subject 17 source and its application and to determine all applicable 18 requirements, pursuant to the Clean Air Act, and 19 regulations thereunder, this Act and regulations 20 thereunder. Such Agency application forms shall be 21 finalized and made available prior to the date on which 22 any CAAPP application is required. 23 d. An owner or operator of a CAAPP source shall 24 submit, as part of its complete CAAPP application, a 25 compliance plan, including a schedule of compliance, SB1823- 86 -LRB103 25618 CPF 51967 b 1 describing how each emission unit will comply with all 2 applicable requirements. Any such schedule of compliance 3 shall be supplemental to, and shall not sanction 4 noncompliance with, the applicable requirements on which 5 it is based. 6 e. Each submitted CAAPP application shall be certified 7 for truth, accuracy, and completeness by a responsible 8 official in accordance with applicable regulations. 9 f. The Agency shall provide notice to a CAAPP 10 applicant as to whether a submitted CAAPP application is 11 complete. Unless the Agency notifies the applicant of 12 incompleteness, within 60 days after receipt of the CAAPP 13 application, the application shall be deemed complete. The 14 Agency may request additional information as needed to 15 make the completeness determination. The Agency may to the 16 extent practicable provide the applicant with a reasonable 17 opportunity to correct deficiencies prior to a final 18 determination of completeness. 19 g. If after the determination of completeness the 20 Agency finds that additional information is necessary to 21 evaluate or take final action on the CAAPP application, 22 the Agency may request in writing such information from 23 the source with a reasonable deadline for response. 24 h. If the owner or operator of a CAAPP source submits a 25 timely and complete CAAPP application, the source's 26 failure to have a CAAPP permit shall not be a violation of SB1823- 87 -LRB103 25618 CPF 51967 b 1 this Section until the Agency takes final action on the 2 submitted CAAPP application, provided, however, where the 3 applicant fails to submit the requested information under 4 paragraph (g) of this subsection 5 within the time frame 5 specified by the Agency, this protection shall cease to 6 apply. 7 i. Any applicant who fails to submit any relevant 8 facts necessary to evaluate the subject source and its 9 CAAPP application or who has submitted incorrect 10 information in a CAAPP application shall, upon becoming 11 aware of such failure or incorrect submittal, submit 12 supplementary facts or correct information to the Agency. 13 In addition, an applicant shall provide to the Agency 14 additional information as necessary to address any 15 requirements which become applicable to the source 16 subsequent to the date the applicant submitted its 17 complete CAAPP application but prior to release of the 18 draft CAAPP permit. 19 j. The Agency shall issue or deny the CAAPP permit 20 within 18 months after the date of receipt of the complete 21 CAAPP application, with the following exceptions: (i) 22 permits for affected sources for acid deposition shall be 23 issued or denied within 6 months after receipt of a 24 complete application in accordance with subsection 17 of 25 this Section; (ii) the Agency shall act on initial CAAPP 26 applications within 24 months after the date of receipt of SB1823- 88 -LRB103 25618 CPF 51967 b 1 the complete CAAPP application; (iii) the Agency shall act 2 on complete applications containing early reduction 3 demonstrations under Section 112(i)(5) of the Clean Air 4 Act within 9 months of receipt of the complete CAAPP 5 application. 6 Where the Agency does not take final action on the 7 permit within the required time period, the permit shall 8 not be deemed issued; rather, the failure to act shall be 9 treated as a final permit action for purposes of judicial 10 review pursuant to Sections 40.2 and 41 of this Act. 11 k. The submittal of a complete CAAPP application shall 12 not affect the requirement that any source have a 13 preconstruction permit under Title I of the Clean Air Act. 14 l. Unless a timely and complete renewal application 15 has been submitted consistent with this subsection, a 16 CAAPP source operating upon the expiration of its CAAPP 17 permit shall be deemed to be operating without a CAAPP 18 permit. Such operation is prohibited under this Act. 19 m. Permits being renewed shall be subject to the same 20 procedural requirements, including those for public 21 participation and federal review and objection, that apply 22 to original permit issuance. 23 n. For purposes of permit renewal, a timely 24 application is one that is submitted no less than 9 months 25 prior to the date of permit expiration. 26 o. The terms and conditions of a CAAPP permit shall SB1823- 89 -LRB103 25618 CPF 51967 b 1 remain in effect until the issuance of a CAAPP renewal 2 permit provided a timely and complete CAAPP application 3 has been submitted. 4 p. The owner or operator of a CAAPP source seeking a 5 permit shield pursuant to paragraph (j) of subsection 7 of 6 this Section shall request such permit shield in the CAAPP 7 application regarding that source. 8 q. The Agency shall make available to the public all 9 documents submitted by the applicant to the Agency, 10 including each CAAPP application, compliance plan 11 (including the schedule of compliance), and emissions or 12 compliance monitoring report, with the exception of 13 information entitled to confidential treatment pursuant to 14 Section 7 of this Act. 15 r. The Agency shall use the standardized forms 16 required under Title IV of the Clean Air Act and 17 regulations promulgated thereunder for affected sources 18 for acid deposition. 19 s. An owner or operator of a CAAPP source may include 20 within its CAAPP application a request for permission to 21 operate during a startup, malfunction, or breakdown 22 consistent with applicable Board regulations. 23 t. An owner or operator of a CAAPP source, in order to 24 utilize the operational flexibility provided under 25 paragraph (l) of subsection 7 of this Section, must 26 request such use and provide the necessary information SB1823- 90 -LRB103 25618 CPF 51967 b 1 within its CAAPP application. 2 u. An owner or operator of a CAAPP source which seeks 3 exclusion from the CAAPP through the imposition of 4 federally enforceable conditions, pursuant to paragraph 5 (c) of subsection 3 of this Section, must request such 6 exclusion within a CAAPP application submitted consistent 7 with this subsection on or after the date that the CAAPP 8 application for the source is due. Prior to such date, but 9 in no case later than 9 months after the effective date of 10 the CAAPP, such owner or operator may request the 11 imposition of federally enforceable conditions pursuant to 12 paragraph (b) of subsection 1.1 of this Section. 13 v. CAAPP applications shall contain accurate 14 information on allowable emissions to implement the fee 15 provisions of subsection 18 of this Section. 16 w. An owner or operator of a CAAPP source shall submit 17 within its CAAPP application emissions information 18 regarding all regulated air pollutants emitted at that 19 source consistent with applicable Agency procedures. 20 Emissions information regarding insignificant activities 21 or emission levels, as determined by the Agency pursuant 22 to Board regulations, may be submitted as a list within 23 the CAAPP application. The Agency shall propose 24 regulations to the Board defining insignificant activities 25 or emission levels, consistent with federal regulations, 26 if any, no later than 18 months after the effective date of SB1823- 91 -LRB103 25618 CPF 51967 b 1 this amendatory Act of 1992, consistent with Section 2 112(n)(1) of the Clean Air Act. The Board shall adopt 3 final regulations defining insignificant activities or 4 emission levels no later than 9 months after the date of 5 the Agency's proposal. 6 x. The owner or operator of a new CAAPP source shall 7 submit its complete CAAPP application consistent with this 8 subsection within 12 months after commencing operation of 9 such source. The owner or operator of an existing source 10 that has been excluded from the provisions of this Section 11 under subsection 1.1 or paragraph (c) of subsection 3 of 12 this Section and that becomes subject to the CAAPP solely 13 due to a change in operation at the source shall submit its 14 complete CAAPP application consistent with this subsection 15 at least 180 days before commencing operation in 16 accordance with the change in operation. 17 y. 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. 21 6. Prohibitions. 22 a. It shall be unlawful for any person to violate any 23 terms or conditions of a permit issued under this Section, 24 to operate any CAAPP source except in compliance with a 25 permit issued by the Agency under this Section or to SB1823- 92 -LRB103 25618 CPF 51967 b 1 violate any other applicable requirements. All terms and 2 conditions of a permit issued under this Section are 3 enforceable by USEPA and citizens under the Clean Air Act, 4 except those, if any, that are specifically designated as 5 not being federally enforceable in the permit pursuant to 6 paragraph (m) of subsection 7 of this Section. 7 b. After the applicable CAAPP permit or renewal 8 application submittal date, as specified in subsection 5 9 of this Section, no person shall operate a CAAPP source 10 without a CAAPP permit unless the complete CAAPP permit or 11 renewal application for such source has been timely 12 submitted to the Agency. 13 c. No owner or operator of a CAAPP source shall cause 14 or threaten or allow the continued operation of an 15 emission source during malfunction or breakdown of the 16 emission source or related air pollution control equipment 17 if such operation would cause a violation of the standards 18 or limitations applicable to the source, unless the CAAPP 19 permit granted to the source provides for such operation 20 consistent with this Act and applicable Board regulations. 21 7. Permit Content. 22 a. All CAAPP permits shall contain emission 23 limitations and standards and other enforceable terms and 24 conditions, including but not limited to operational 25 requirements, and schedules for achieving compliance at SB1823- 93 -LRB103 25618 CPF 51967 b 1 the earliest reasonable date, which are or will be 2 required to accomplish the purposes and provisions of this 3 Act and to assure compliance with all applicable 4 requirements. 5 b. The Agency shall include among such conditions 6 applicable monitoring, reporting, record keeping and 7 compliance certification requirements, as authorized by 8 paragraphs (d), (e), and (f) of this subsection, that the 9 Agency deems necessary to assure compliance with the Clean 10 Air Act, the regulations promulgated thereunder, this Act, 11 and applicable Board regulations. When monitoring, 12 reporting, record keeping, and compliance certification 13 requirements are specified within the Clean Air Act, 14 regulations promulgated thereunder, this Act, or 15 applicable regulations, such requirements shall be 16 included within the CAAPP permit. The Board shall have 17 authority to promulgate additional regulations where 18 necessary to accomplish the purposes of the Clean Air Act, 19 this Act, and regulations promulgated thereunder. 20 c. The Agency shall assure, within such conditions, 21 the use of terms, test methods, units, averaging periods, 22 and other statistical conventions consistent with the 23 applicable emission limitations, standards, and other 24 requirements contained in the permit. 25 d. To meet the requirements of this subsection with 26 respect to monitoring, the permit shall: SB1823- 94 -LRB103 25618 CPF 51967 b 1 i. Incorporate and identify all applicable 2 emissions monitoring and analysis procedures or test 3 methods required under the Clean Air Act, regulations 4 promulgated thereunder, this Act, and applicable Board 5 regulations, including any procedures and methods 6 promulgated by USEPA pursuant to Section 504(b) or 7 Section 114 (a)(3) of the Clean Air Act. 8 ii. Where the applicable requirement does not 9 require periodic testing or instrumental or 10 noninstrumental monitoring (which may consist of 11 recordkeeping designed to serve as monitoring), 12 require periodic monitoring sufficient to yield 13 reliable data from the relevant time period that is 14 representative of the source's compliance with the 15 permit, as reported pursuant to paragraph (f) of this 16 subsection. The Agency may determine that 17 recordkeeping requirements are sufficient to meet the 18 requirements of this subparagraph. 19 iii. As necessary, specify requirements concerning 20 the use, maintenance, and when appropriate, 21 installation of monitoring equipment or methods. 22 e. To meet the requirements of this subsection with 23 respect to record keeping, the permit shall incorporate 24 and identify all applicable recordkeeping requirements and 25 require, where applicable, the following: 26 i. Records of required monitoring information that SB1823- 95 -LRB103 25618 CPF 51967 b 1 include the following: 2 A. The date, place and time of sampling or 3 measurements. 4 B. The date(s) analyses were performed. 5 C. The company or entity that performed the 6 analyses. 7 D. The analytical techniques or methods used. 8 E. The results of such analyses. 9 F. The operating conditions as existing at the 10 time of sampling or measurement. 11 ii. Retention of records of all monitoring data 12 and support information for a period of at least 5 13 years from the date of the monitoring sample, 14 measurement, report, or application. Support 15 information includes all calibration and maintenance 16 records, original strip-chart recordings for 17 continuous monitoring instrumentation, and copies of 18 all reports required by the permit. 19 f. To meet the requirements of this subsection with 20 respect to reporting, the permit shall incorporate and 21 identify all applicable reporting requirements and require 22 the following: 23 i. Submittal of reports of any required monitoring 24 every 6 months. More frequent submittals may be 25 requested by the Agency if such submittals are 26 necessary to assure compliance with this Act or SB1823- 96 -LRB103 25618 CPF 51967 b 1 regulations promulgated by the Board thereunder. All 2 instances of deviations from permit requirements must 3 be clearly identified in such reports. All required 4 reports must be certified by a responsible official 5 consistent with subsection 5 of this Section. 6 ii. Prompt reporting of deviations from permit 7 requirements, including those attributable to upset 8 conditions as defined in the permit, the probable 9 cause of such deviations, and any corrective actions 10 or preventive measures taken. 11 g. Each CAAPP permit issued under subsection 10 of 12 this Section shall include a condition prohibiting 13 emissions exceeding any allowances that the source 14 lawfully holds under Title IV of the Clean Air Act or the 15 regulations promulgated thereunder, consistent with 16 subsection 17 of this Section and applicable regulations, 17 if any. 18 h. All CAAPP permits shall state that, where another 19 applicable requirement of the Clean Air Act is more 20 stringent than any applicable requirement of regulations 21 promulgated under Title IV of the Clean Air Act, both 22 provisions shall be incorporated into the permit and shall 23 be State and federally enforceable. 24 i. Each CAAPP permit issued under subsection 10 of 25 this Section shall include a severability clause to ensure 26 the continued validity of the various permit requirements SB1823- 97 -LRB103 25618 CPF 51967 b 1 in the event of a challenge to any portions of the permit. 2 j. The following shall apply with respect to owners or 3 operators requesting a permit shield: 4 i. The Agency shall include in a CAAPP permit, 5 when requested by an applicant pursuant to paragraph 6 (p) of subsection 5 of this Section, a provision 7 stating that compliance with the conditions of the 8 permit shall be deemed compliance with applicable 9 requirements which are applicable as of the date of 10 release of the proposed permit, provided that: 11 A. The applicable requirement is specifically 12 identified within the permit; or 13 B. The Agency in acting on the CAAPP 14 application or revision determines in writing that 15 other requirements specifically identified are not 16 applicable to the source, and the permit includes 17 that determination or a concise summary thereof. 18 ii. The permit shall identify the requirements for 19 which the source is shielded. The shield shall not 20 extend to applicable requirements which are 21 promulgated after the date of release of the proposed 22 permit unless the permit has been modified to reflect 23 such new requirements. 24 iii. A CAAPP permit which does not expressly 25 indicate the existence of a permit shield shall not 26 provide such a shield. SB1823- 98 -LRB103 25618 CPF 51967 b 1 iv. Nothing in this paragraph or in a CAAPP permit 2 shall alter or affect the following: 3 A. The provisions of Section 303 (emergency 4 powers) of the Clean Air Act, including USEPA's 5 authority under that section. 6 B. The liability of an owner or operator of a 7 source for any violation of applicable 8 requirements prior to or at the time of permit 9 issuance. 10 C. The applicable requirements of the acid 11 rain program consistent with Section 408(a) of the 12 Clean Air Act. 13 D. The ability of USEPA to obtain information 14 from a source pursuant to Section 114 15 (inspections, monitoring, and entry) of the Clean 16 Air Act. 17 k. Each CAAPP permit shall include an emergency 18 provision providing an affirmative defense of emergency to 19 an action brought for noncompliance with technology-based 20 emission limitations under a CAAPP permit if the following 21 conditions are met through properly signed, 22 contemporaneous operating logs, or other relevant 23 evidence: 24 i. An emergency occurred and the permittee can 25 identify the cause(s) of the emergency. 26 ii. The permitted facility was at the time being SB1823- 99 -LRB103 25618 CPF 51967 b 1 properly operated. 2 iii. The permittee submitted notice of the 3 emergency to the Agency within 2 working days after 4 the time when emission limitations were exceeded due 5 to the emergency. This notice must contain a detailed 6 description of the emergency, any steps taken to 7 mitigate emissions, and corrective actions taken. 8 iv. During the period of the emergency the 9 permittee took all reasonable steps to minimize levels 10 of emissions that exceeded the emission limitations, 11 standards, or requirements in the permit. 12 For purposes of this subsection, "emergency" means any 13 situation arising from sudden and reasonably unforeseeable 14 events beyond the control of the source, such as an act of 15 God, that requires immediate corrective action to restore 16 normal operation, and that causes the source to exceed a 17 technology-based emission limitation under the permit, due 18 to unavoidable increases in emissions attributable to the 19 emergency. An emergency shall not include noncompliance to 20 the extent caused by improperly designed equipment, lack 21 of preventative maintenance, careless or improper 22 operation, or operation error. 23 In any enforcement proceeding, the permittee seeking 24 to establish the occurrence of an emergency has the burden 25 of proof. This provision is in addition to any emergency 26 or upset provision contained in any applicable SB1823- 100 -LRB103 25618 CPF 51967 b 1 requirement. This provision does not relieve a permittee 2 of any reporting obligations under existing federal or 3 state laws or regulations. 4 l. The Agency shall include in each permit issued 5 under subsection 10 of this Section: 6 i. Terms and conditions for reasonably anticipated 7 operating scenarios identified by the source in its 8 application. The permit terms and conditions for each 9 such operating scenario shall meet all applicable 10 requirements and the requirements of this Section. 11 A. Under this subparagraph, the source must 12 record in a log at the permitted facility a record 13 of the scenario under which it is operating 14 contemporaneously with making a change from one 15 operating scenario to another. 16 B. The permit shield described in paragraph 17 (j) of subsection 7 of this Section shall extend 18 to all terms and conditions under each such 19 operating scenario. 20 ii. Where requested by an applicant, all terms and 21 conditions allowing for trading of emissions increases 22 and decreases between different emission units at the 23 CAAPP source, to the extent that the applicable 24 requirements provide for trading of such emissions 25 increases and decreases without a case-by-case 26 approval of each emissions trade. Such terms and SB1823- 101 -LRB103 25618 CPF 51967 b 1 conditions: 2 A. Shall include all terms required under this 3 subsection to determine compliance; 4 B. Must meet all applicable requirements; 5 C. Shall extend the permit shield described in 6 paragraph (j) of subsection 7 of this Section to 7 all terms and conditions that allow such increases 8 and decreases in emissions. 9 m. The Agency shall specifically designate as not 10 being federally enforceable under the Clean Air Act any 11 terms and conditions included in the permit that are not 12 specifically required under the Clean Air Act or federal 13 regulations promulgated thereunder. Terms or conditions so 14 designated shall be subject to all applicable State 15 requirements, except the requirements of subsection 7 16 (other than this paragraph, paragraph q of subsection 7, 17 subsections 8 through 11, and subsections 13 through 16 of 18 this Section. The Agency shall, however, include such 19 terms and conditions in the CAAPP permit issued to the 20 source. 21 n. Each CAAPP permit issued under subsection 10 of 22 this Section shall specify and reference the origin of and 23 authority for each term or condition, and identify any 24 difference in form as compared to the applicable 25 requirement upon which the term or condition is based. 26 o. Each CAAPP permit issued under subsection 10 of SB1823- 102 -LRB103 25618 CPF 51967 b 1 this Section shall include provisions stating the 2 following: 3 i. Duty to comply. The permittee must comply with 4 all terms and conditions of the CAAPP permit. Any 5 permit noncompliance constitutes a violation of the 6 Clean Air Act and the Act, and is grounds for any or 7 all of the following: enforcement action; permit 8 termination, revocation and reissuance, or 9 modification; or denial of a permit renewal 10 application. 11 ii. Need to halt or reduce activity not a defense. 12 It shall not be a defense for a permittee in an 13 enforcement action that it would have been necessary 14 to halt or reduce the permitted activity in order to 15 maintain compliance with the conditions of this 16 permit. 17 iii. Permit actions. The permit may be modified, 18 revoked, reopened, and reissued, or terminated for 19 cause in accordance with the applicable subsections of 20 Section 39.5 of this Act. The filing of a request by 21 the permittee for a permit modification, revocation 22 and reissuance, or termination, or of a notification 23 of planned changes or anticipated noncompliance does 24 not stay any permit condition. 25 iv. Property rights. The permit does not convey 26 any property rights of any sort, or any exclusive SB1823- 103 -LRB103 25618 CPF 51967 b 1 privilege. 2 v. Duty to provide information. The permittee 3 shall furnish to the Agency within a reasonable time 4 specified by the Agency any information that the 5 Agency may request in writing to determine whether 6 cause exists for modifying, revoking and reissuing, or 7 terminating the permit or to determine compliance with 8 the permit. Upon request, the permittee shall also 9 furnish to the Agency copies of records required to be 10 kept by the permit or, for information claimed to be 11 confidential, the permittee may furnish such records 12 directly to USEPA along with a claim of 13 confidentiality. 14 vi. Duty to pay fees. The permittee must pay fees 15 to the Agency consistent with the fee schedule 16 approved pursuant to subsection 18 of this Section, 17 and submit any information relevant thereto. 18 vii. Emissions trading. No permit revision shall 19 be required for increases in emissions allowed under 20 any approved economic incentives, marketable permits, 21 emissions trading, and other similar programs or 22 processes for changes that are provided for in the 23 permit and that are authorized by the applicable 24 requirement. 25 p. Each CAAPP permit issued under subsection 10 of 26 this Section shall contain the following elements with SB1823- 104 -LRB103 25618 CPF 51967 b 1 respect to compliance: 2 i. Compliance certification, testing, monitoring, 3 reporting, and record keeping requirements sufficient 4 to assure compliance with the terms and conditions of 5 the permit. Any document (including reports) required 6 by a CAAPP permit shall contain a certification by a 7 responsible official that meets the requirements of 8 subsection 5 of this Section and applicable 9 regulations. 10 ii. Inspection and entry requirements that 11 necessitate that, upon presentation of credentials and 12 other documents as may be required by law and in 13 accordance with constitutional limitations, the 14 permittee shall allow the Agency, or an authorized 15 representative to perform the following: 16 A. Enter upon the permittee's premises where a 17 CAAPP source is located or emissions-related 18 activity is conducted, or where records must be 19 kept under the conditions of the permit. 20 B. Have access to and copy, at reasonable 21 times, any records that must be kept under the 22 conditions of the permit. 23 C. Inspect at reasonable times any facilities, 24 equipment (including monitoring and air pollution 25 control equipment), practices, or operations 26 regulated or required under the permit. SB1823- 105 -LRB103 25618 CPF 51967 b 1 D. Sample or monitor any substances or 2 parameters at any location: 3 1. As authorized by the Clean Air Act, at 4 reasonable times, for the purposes of assuring 5 compliance with the CAAPP permit or applicable 6 requirements; or 7 2. As otherwise authorized by this Act. 8 iii. A schedule of compliance consistent with 9 subsection 5 of this Section and applicable 10 regulations. 11 iv. Progress reports consistent with an applicable 12 schedule of compliance pursuant to paragraph (d) of 13 subsection 5 of this Section and applicable 14 regulations to be submitted semiannually, or more 15 frequently if the Agency determines that such more 16 frequent submittals are necessary for compliance with 17 the Act or regulations promulgated by the Board 18 thereunder. Such progress reports shall contain the 19 following: 20 A. Required dates for achieving the 21 activities, milestones, or compliance required by 22 the schedule of compliance and dates when such 23 activities, milestones or compliance were 24 achieved. 25 B. An explanation of why any dates in the 26 schedule of compliance were not or will not be SB1823- 106 -LRB103 25618 CPF 51967 b 1 met, and any preventive or corrective measures 2 adopted. 3 v. Requirements for compliance certification with 4 terms and conditions contained in the permit, 5 including emission limitations, standards, or work 6 practices. Permits shall include each of the 7 following: 8 A. The frequency (annually or more frequently 9 as specified in any applicable requirement or by 10 the Agency pursuant to written procedures) of 11 submissions of compliance certifications. 12 B. A means for assessing or monitoring the 13 compliance of the source with its emissions 14 limitations, standards, and work practices. 15 C. A requirement that the compliance 16 certification include the following: 17 1. The identification of each term or 18 condition contained in the permit that is the 19 basis of the certification. 20 2. The compliance status. 21 3. Whether compliance was continuous or 22 intermittent. 23 4. The method(s) used for determining the 24 compliance status of the source, both 25 currently and over the reporting period 26 consistent with subsection 7 of this Section. SB1823- 107 -LRB103 25618 CPF 51967 b 1 D. A requirement that all compliance 2 certifications be submitted to the Agency. 3 E. Additional requirements as may be specified 4 pursuant to Sections 114(a)(3) and 504(b) of the 5 Clean Air Act. 6 F. Other provisions as the Agency may require. 7 q. If the owner or operator of CAAPP source can 8 demonstrate in its CAAPP application, including an 9 application for a significant modification, that an 10 alternative emission limit would be equivalent to that 11 contained in the applicable Board regulations, the Agency 12 shall include the alternative emission limit in the CAAPP 13 permit, which shall supersede the emission limit set forth 14 in the applicable Board regulations, and shall include 15 conditions that insure that the resulting emission limit 16 is quantifiable, accountable, enforceable, and based on 17 replicable procedures. 18 8. Public Notice; Affected State Review. 19 a. The Agency shall provide notice to the public, 20 including an opportunity for public comment and a hearing, 21 on each draft CAAPP permit for issuance, renewal or 22 significant modification, subject to Section 7.1 and 23 subsection (a) of Section 7 of this Act. 24 b. The Agency shall prepare a draft CAAPP permit and a 25 statement that sets forth the legal and factual basis for SB1823- 108 -LRB103 25618 CPF 51967 b 1 the draft CAAPP permit conditions, including references to 2 the applicable statutory or regulatory provisions. The 3 Agency shall provide this statement to any person who 4 requests it. 5 c. The Agency shall give notice of each draft CAAPP 6 permit to the applicant and to any affected State on or 7 before the time that the Agency has provided notice to the 8 public, except as otherwise provided in this Act. 9 d. The Agency, as part of its submittal of a proposed 10 permit to USEPA (or as soon as possible after the 11 submittal for minor permit modification procedures allowed 12 under subsection 14 of this Section), shall notify USEPA 13 and any affected State in writing of any refusal of the 14 Agency to accept all of the recommendations for the 15 proposed permit that an affected State submitted during 16 the public or affected State review period. The notice 17 shall include the Agency's reasons for not accepting the 18 recommendations. The Agency is not required to accept 19 recommendations that are not based on applicable 20 requirements or the requirements of this Section. 21 e. The Agency shall make available to the public any 22 CAAPP permit application, compliance plan (including the 23 schedule of compliance), CAAPP permit, and emissions or 24 compliance monitoring report. If an owner or operator of a 25 CAAPP source is required to submit information entitled to 26 protection from disclosure under Section 7.1 and SB1823- 109 -LRB103 25618 CPF 51967 b 1 subsection (a) of Section 7 of this Act, the owner or 2 operator shall submit such information separately. The 3 requirements of Section 7.1 and subsection (a) of Section 4 7 of this Act shall apply to such information, which shall 5 not be included in a CAAPP permit unless required by law. 6 The contents of a CAAPP permit shall not be entitled to 7 protection under Section 7.1 and subsection (a) of Section 8 7 of this Act. 9 f. 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 g. If requested by the permit applicant, the Agency 14 shall provide the permit applicant with a copy of the 15 draft CAAPP permit prior to any public review period. If 16 requested by the permit applicant, the Agency shall 17 provide the permit applicant with a copy of the final 18 CAAPP permit prior to issuance of the CAAPP permit. 19 9. USEPA Notice and Objection. 20 a. The Agency shall provide to USEPA for its review a 21 copy of each CAAPP application (including any application 22 for permit modification), statement of basis as provided 23 in paragraph (b) of subsection 8 of this Section, proposed 24 CAAPP permit, CAAPP permit, and, if the Agency does not 25 incorporate any affected State's recommendations on a SB1823- 110 -LRB103 25618 CPF 51967 b 1 proposed CAAPP permit, a written statement of this 2 decision and its reasons for not accepting the 3 recommendations, except as otherwise provided in this Act 4 or by agreement with USEPA. To the extent practicable, the 5 preceding information shall be provided in computer 6 readable format compatible with USEPA's national database 7 management system. 8 b. The Agency shall not issue the proposed CAAPP 9 permit if USEPA objects in writing within 45 days after 10 receipt of the proposed CAAPP permit and all necessary 11 supporting information. 12 c. If USEPA objects in writing to the issuance of the 13 proposed CAAPP permit within the 45-day period, the Agency 14 shall respond in writing and may revise and resubmit the 15 proposed CAAPP permit in response to the stated objection, 16 to the extent supported by the record, within 90 days 17 after the date of the objection. Prior to submitting a 18 revised permit to USEPA, the Agency shall provide the 19 applicant and any person who participated in the public 20 comment process, pursuant to subsection 8 of this Section, 21 with a 10-day period to comment on any revision which the 22 Agency is proposing to make to the permit in response to 23 USEPA's objection in accordance with Agency procedures. 24 d. Any USEPA objection under this subsection, 25 according to the Clean Air Act, will include a statement 26 of reasons for the objection and a description of the SB1823- 111 -LRB103 25618 CPF 51967 b 1 terms and conditions that must be in the permit, in order 2 to adequately respond to the objections. Grounds for a 3 USEPA objection include the failure of the Agency to: (1) 4 submit the items and notices required under this 5 subsection; (2) submit any other information necessary to 6 adequately review the proposed CAAPP permit; or (3) 7 process the permit under subsection 8 of this Section 8 except for minor permit modifications. 9 e. If USEPA does not object in writing to issuance of a 10 permit under this subsection, any person may petition 11 USEPA within 60 days after expiration of the 45-day review 12 period to make such objection. 13 f. If the permit has not yet been issued and USEPA 14 objects to the permit as a result of a petition, the Agency 15 shall not issue the permit until USEPA's objection has 16 been resolved. The Agency shall provide a 10-day comment 17 period in accordance with paragraph c of this subsection. 18 A petition does not, however, stay the effectiveness of a 19 permit or its requirements if the permit was issued after 20 expiration of the 45-day review period and prior to a 21 USEPA objection. 22 g. If the Agency has issued a permit after expiration 23 of the 45-day review period and prior to receipt of a USEPA 24 objection under this subsection in response to a petition 25 submitted pursuant to paragraph e of this subsection, the 26 Agency may, upon receipt of an objection from USEPA, SB1823- 112 -LRB103 25618 CPF 51967 b 1 revise and resubmit the permit to USEPA pursuant to this 2 subsection after providing a 10-day comment period in 3 accordance with paragraph c of this subsection. If the 4 Agency fails to submit a revised permit in response to the 5 objection, USEPA shall modify, terminate or revoke the 6 permit. In any case, the source will not be in violation of 7 the requirement to have submitted a timely and complete 8 application. 9 h. 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 10. Final Agency Action. 14 a. The Agency shall issue a CAAPP permit, permit 15 modification, or permit renewal if all of the following 16 conditions are met: 17 i. The applicant has submitted a complete and 18 certified application for a permit, permit 19 modification, or permit renewal consistent with 20 subsections 5 and 14 of this Section, as applicable, 21 and applicable regulations. 22 ii. The applicant has submitted with its complete 23 application an approvable compliance plan, including a 24 schedule for achieving compliance, consistent with 25 subsection 5 of this Section and applicable SB1823- 113 -LRB103 25618 CPF 51967 b 1 regulations. 2 iii. The applicant has timely paid the fees 3 required pursuant to subsection 18 of this Section and 4 applicable regulations. 5 iv. The Agency has received a complete CAAPP 6 application and, if necessary, has requested and 7 received additional information from the applicant 8 consistent with subsection 5 of this Section and 9 applicable regulations. 10 v. The Agency has complied with all applicable 11 provisions regarding public notice and affected State 12 review consistent with subsection 8 of this Section 13 and applicable regulations. 14 vi. The Agency has provided a copy of each CAAPP 15 application, or summary thereof, pursuant to agreement 16 with USEPA and proposed CAAPP permit required under 17 subsection 9 of this Section to USEPA, and USEPA has 18 not objected to the issuance of the permit in 19 accordance with the Clean Air Act and 40 CFR Part 70. 20 b. The Agency shall have the authority to deny a CAAPP 21 permit, permit modification, or permit renewal if the 22 applicant has not complied with the requirements of 23 subparagraphs (i) through (iv) of paragraph (a) of this 24 subsection or if USEPA objects to its issuance. Further, 25 for any of the following construction permits, the Agency 26 shall conduct an evaluation of the prospective owner's or SB1823- 114 -LRB103 25618 CPF 51967 b 1 operator's prior experience in owning and operating 2 sources of air pollution: (i) a construction permit for a 3 new source that is to be located in an environmental 4 justice community, that will require a CAAPP permit or a 5 federally enforceable State operating permit, and that 6 would be authorized under that permit to increase annual 7 permitted emissions; (ii) a construction permit for any 8 existing source that is located in an environmental 9 justice community that, on the effective date of this 10 amendatory Act of the 103rd General Assembly, possesses a 11 CAAPP permit or federally enforceable State operating 12 permit and that would be authorized under that permit to 13 increase annual permitted emissions; or (iii) a 14 construction permit for any existing source that is 15 located in an environmental justice community that would 16 require a new CAAPP permit or new federally enforceable 17 State operating permit for the first time and that would 18 be authorized under that permit to increase annual 19 permitted emissions. The Agency has the authority to deny 20 such a permit transaction if the prospective owner or 21 operator or any employee or officer of the prospective 22 owner or operator or board member or manager has a history 23 of: 24 i. repeated violations of federal, State, or local 25 laws, rules, regulations, standards, or ordinances in 26 the ownership or operation of sources of air SB1823- 115 -LRB103 25618 CPF 51967 b 1 pollution; 2 ii. conviction in this State, another state, or 3 federal court of knowingly submitting false 4 information under any law, rule, regulation, or permit 5 term or condition regarding the environment; or 6 iii. proof of gross carelessness or incompetence 7 in the ownership or operation of a source of air 8 pollution. 9 c. i. Prior to denial of a CAAPP permit, permit 10 modification, or permit renewal under this Section, 11 the Agency shall notify the applicant of the possible 12 denial and the reasons for the denial. 13 ii. Within such notice, the Agency shall specify 14 an appropriate date by which the applicant shall 15 adequately respond to the Agency's notice. Such date 16 shall not exceed 15 days from the date the 17 notification is received by the applicant. The Agency 18 may grant a reasonable extension for good cause shown. 19 iii. Failure by the applicant to adequately 20 respond by the date specified in the notification or 21 by any granted extension date shall be grounds for 22 denial of the permit. 23 For purposes of obtaining judicial review under 24 Sections 40.2 and 41 of this Act, the Agency shall 25 provide to USEPA and each applicant, and, upon 26 request, to affected States, any person who SB1823- 116 -LRB103 25618 CPF 51967 b 1 participated in the public comment process, and any 2 other person who could obtain judicial review under 3 Sections 40.2 and 41 of this Act, a copy of each CAAPP 4 permit or notification of denial pertaining to that 5 party. 6 d. The Agency shall have the authority to adopt 7 procedural rules, in accordance with the Illinois 8 Administrative Procedure Act, as the Agency deems 9 necessary, to implement this subsection. 10 11. General Permits. 11 a. The Agency may issue a general permit covering 12 numerous similar sources, except for affected sources for 13 acid deposition unless otherwise provided in regulations 14 promulgated under Title IV of the Clean Air Act. 15 b. The Agency shall identify, in any general permit, 16 criteria by which sources may qualify for the general 17 permit. 18 c. CAAPP sources that would qualify for a general 19 permit must apply for coverage under the terms of the 20 general permit or must apply for a CAAPP permit consistent 21 with subsection 5 of this Section and applicable 22 regulations. 23 d. The Agency shall comply with the public comment and 24 hearing provisions of this Section as well as the USEPA 25 and affected State review procedures prior to issuance of SB1823- 117 -LRB103 25618 CPF 51967 b 1 a general permit. 2 e. When granting a subsequent request by a qualifying 3 CAAPP source for coverage under the terms of a general 4 permit, the Agency shall not be required to repeat the 5 public notice and comment procedures. The granting of such 6 request shall not be considered a final permit action for 7 purposes of judicial review. 8 f. The Agency may not issue a general permit to cover 9 any discrete emission unit at a CAAPP source if another 10 CAAPP permit covers emission units at the source. 11 g. The Agency shall have the authority to adopt 12 procedural rules, in accordance with the Illinois 13 Administrative Procedure Act, as the Agency deems 14 necessary, to implement this subsection. 15 12. Operational Flexibility. 16 a. An owner or operator of a CAAPP source may make 17 changes at the CAAPP source without requiring a prior 18 permit revision, consistent with subparagraphs (i) through 19 (iii) of paragraph (a) of this subsection, so long as the 20 changes are not modifications under any provision of Title 21 I of the Clean Air Act and they do not exceed the emissions 22 allowable under the permit (whether expressed therein as a 23 rate of emissions or in terms of total emissions), 24 provided that the owner or operator of the CAAPP source 25 provides USEPA and the Agency with written notification as SB1823- 118 -LRB103 25618 CPF 51967 b 1 required below in advance of the proposed changes, which 2 shall be a minimum of 7 days, unless otherwise provided by 3 the Agency in applicable regulations regarding 4 emergencies. The owner or operator of a CAAPP source and 5 the Agency shall each attach such notice to their copy of 6 the relevant permit. 7 i. An owner or operator of a CAAPP source may make 8 Section 502 (b) (10) changes without a permit 9 revision, if the changes are not modifications under 10 any provision of Title I of the Clean Air Act and the 11 changes do not exceed the emissions allowable under 12 the permit (whether expressed therein as a rate of 13 emissions or in terms of total emissions). 14 A. For each such change, the written 15 notification required above shall include a brief 16 description of the change within the source, the 17 date on which the change will occur, any change in 18 emissions, and any permit term or condition that 19 is no longer applicable as a result of the change. 20 B. The permit shield described in paragraph 21 (j) of subsection 7 of this Section shall not 22 apply to any change made pursuant to this 23 subparagraph. 24 ii. An owner or operator of a CAAPP source may 25 trade increases and decreases in emissions in the 26 CAAPP source, where the applicable implementation plan SB1823- 119 -LRB103 25618 CPF 51967 b 1 provides for such emission trades without requiring a 2 permit revision. This provision is available in those 3 cases where the permit does not already provide for 4 such emissions trading. 5 A. Under this subparagraph (ii) of paragraph 6 (a) of this subsection, the written notification 7 required above shall include such information as 8 may be required by the provision in the applicable 9 implementation plan authorizing the emissions 10 trade, including at a minimum, when the proposed 11 changes will occur, a description of each such 12 change, any change in emissions, the permit 13 requirements with which the source will comply 14 using the emissions trading provisions of the 15 applicable implementation plan, and the pollutants 16 emitted subject to the emissions trade. The notice 17 shall also refer to the provisions in the 18 applicable implementation plan with which the 19 source will comply and provide for the emissions 20 trade. 21 B. The permit shield described in paragraph 22 (j) of subsection 7 of this Section shall not 23 apply to any change made pursuant to subparagraph 24 (ii) of paragraph (a) of this subsection. 25 Compliance with the permit requirements that the 26 source will meet using the emissions trade shall SB1823- 120 -LRB103 25618 CPF 51967 b 1 be determined according to the requirements of the 2 applicable implementation plan authorizing the 3 emissions trade. 4 iii. If requested within a CAAPP application, the 5 Agency shall issue a CAAPP permit which contains terms 6 and conditions, including all terms required under 7 subsection 7 of this Section to determine compliance, 8 allowing for the trading of emissions increases and 9 decreases at the CAAPP source solely for the purpose 10 of complying with a federally-enforceable emissions 11 cap that is established in the permit independent of 12 otherwise applicable requirements. The owner or 13 operator of a CAAPP source shall include in its CAAPP 14 application proposed replicable procedures and permit 15 terms that ensure the emissions trades are 16 quantifiable and enforceable. The permit shall also 17 require compliance with all applicable requirements. 18 A. Under this subparagraph (iii) of paragraph 19 (a), the written notification required above shall 20 state when the change will occur and shall 21 describe the changes in emissions that will result 22 and how these increases and decreases in emissions 23 will comply with the terms and conditions of the 24 permit. 25 B. The permit shield described in paragraph 26 (j) of subsection 7 of this Section shall extend SB1823- 121 -LRB103 25618 CPF 51967 b 1 to terms and conditions that allow such increases 2 and decreases in emissions. 3 b. An owner or operator of a CAAPP source may make 4 changes that are not addressed or prohibited by the 5 permit, other than those which are subject to any 6 requirements under Title IV of the Clean Air Act or are 7 modifications under any provisions of Title I of the Clean 8 Air Act, without a permit revision, in accordance with the 9 following requirements: 10 (i) Each such change shall meet all applicable 11 requirements and shall not violate any existing permit 12 term or condition; 13 (ii) Sources must provide contemporaneous written 14 notice to the Agency and USEPA of each such change, 15 except for changes that qualify as insignificant under 16 provisions adopted by the Agency or the Board. Such 17 written notice shall describe each such change, 18 including the date, any change in emissions, 19 pollutants emitted, and any applicable requirement 20 that would apply as a result of the change; 21 (iii) The change shall not qualify for the shield 22 described in paragraph (j) of subsection 7 of this 23 Section; and 24 (iv) The permittee shall keep a record describing 25 changes made at the source that result in emissions of 26 a regulated air pollutant subject to an applicable SB1823- 122 -LRB103 25618 CPF 51967 b 1 Clean Air Act requirement, but not otherwise regulated 2 under the permit, and the emissions resulting from 3 those changes. 4 c. The Agency shall have the authority to adopt 5 procedural rules, in accordance with the Illinois 6 Administrative Procedure Act, as the Agency deems 7 necessary to implement this subsection. 8 13. Administrative Permit Amendments. 9 a. The Agency shall take final action on a request for 10 an administrative permit amendment within 60 days after 11 receipt of the request. Neither notice nor an opportunity 12 for public and affected State comment shall be required 13 for the Agency to incorporate such revisions, provided it 14 designates the permit revisions as having been made 15 pursuant to this subsection. 16 b. The Agency shall submit a copy of the revised 17 permit to USEPA. 18 c. For purposes of this Section the term 19 "administrative permit amendment" shall be defined as a 20 permit revision that can accomplish one or more of the 21 changes described below: 22 i. Corrects typographical errors; 23 ii. Identifies a change in the name, address, or 24 phone number of any person identified in the permit, 25 or provides a similar minor administrative change at SB1823- 123 -LRB103 25618 CPF 51967 b 1 the source; 2 iii. Requires more frequent monitoring or 3 reporting by the permittee; 4 iv. Allows for a change in ownership or 5 operational control of a source where the Agency 6 determines that no other change in the permit is 7 necessary, provided that a written agreement 8 containing a specific date for transfer of permit 9 responsibility, coverage, and liability between the 10 current and new permittees has been submitted to the 11 Agency; 12 v. Incorporates into the CAAPP permit the 13 requirements from preconstruction review permits 14 authorized under a USEPA-approved program, provided 15 the program meets procedural and compliance 16 requirements substantially equivalent to those 17 contained in this Section; 18 vi. (Blank); or 19 vii. Any other type of change which USEPA has 20 determined as part of the approved CAAPP permit 21 program to be similar to those included in this 22 subsection. 23 d. The Agency shall, upon taking final action granting 24 a request for an administrative permit amendment, allow 25 coverage by the permit shield in paragraph (j) of 26 subsection 7 of this Section for administrative permit SB1823- 124 -LRB103 25618 CPF 51967 b 1 amendments made pursuant to subparagraph (v) of paragraph 2 (c) of this subsection which meet the relevant 3 requirements for significant permit modifications. 4 e. Permit revisions and modifications, including 5 administrative amendments and automatic amendments 6 (pursuant to Sections 408(b) and 403(d) of the Clean Air 7 Act or regulations promulgated thereunder), for purposes 8 of the acid rain portion of the permit shall be governed by 9 the regulations promulgated under Title IV of the Clean 10 Air Act. Owners or operators of affected sources for acid 11 deposition shall have the flexibility to amend their 12 compliance plans as provided in the regulations 13 promulgated under Title IV of the Clean Air Act. 14 f. The CAAPP source may implement the changes 15 addressed in the request for an administrative permit 16 amendment immediately upon submittal of the request. 17 g. 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. 21 14. Permit Modifications. 22 a. Minor permit modification procedures. 23 i. The Agency shall review a permit modification 24 using the "minor permit" modification procedures only 25 for those permit modifications that: SB1823- 125 -LRB103 25618 CPF 51967 b 1 A. Do not violate any applicable requirement; 2 B. Do not involve significant changes to 3 existing monitoring, reporting, or recordkeeping 4 requirements in the permit; 5 C. Do not require a case-by-case determination 6 of an emission limitation or other standard, or a 7 source-specific determination of ambient impacts, 8 or a visibility or increment analysis; 9 D. Do not seek to establish or change a permit 10 term or condition for which there is no 11 corresponding underlying requirement and which 12 avoids an applicable requirement to which the 13 source would otherwise be subject. Such terms and 14 conditions include: 15 1. A federally enforceable emissions cap 16 assumed to avoid classification as a 17 modification under any provision of Title I of 18 the Clean Air Act; and 19 2. An alternative emissions limit approved 20 pursuant to regulations promulgated under 21 Section 112(i)(5) of the Clean Air Act; 22 E. Are not modifications under any provision 23 of Title I of the Clean Air Act; and 24 F. Are not required to be processed as a 25 significant modification. 26 ii. Notwithstanding subparagraph (i) of paragraph SB1823- 126 -LRB103 25618 CPF 51967 b 1 (a) and subparagraph (ii) of paragraph (b) of this 2 subsection, minor permit modification procedures may 3 be used for permit modifications involving the use of 4 economic incentives, marketable permits, emissions 5 trading, and other similar approaches, to the extent 6 that such minor permit modification procedures are 7 explicitly provided for in an applicable 8 implementation plan or in applicable requirements 9 promulgated by USEPA. 10 iii. An applicant requesting the use of minor 11 permit modification procedures shall meet the 12 requirements of subsection 5 of this Section and shall 13 include the following in its application: 14 A. A description of the change, the emissions 15 resulting from the change, and any new applicable 16 requirements that will apply if the change occurs; 17 B. The source's suggested draft permit; 18 C. Certification by a responsible official, 19 consistent with paragraph (e) of subsection 5 of 20 this Section and applicable regulations, that the 21 proposed modification meets the criteria for use 22 of minor permit modification procedures and a 23 request that such procedures be used; and 24 D. Completed forms for the Agency to use to 25 notify USEPA and affected States as required under 26 subsections 8 and 9 of this Section. SB1823- 127 -LRB103 25618 CPF 51967 b 1 iv. Within 5 working days after receipt of a 2 complete permit modification application, the Agency 3 shall notify USEPA and affected States of the 4 requested permit modification in accordance with 5 subsections 8 and 9 of this Section. The Agency 6 promptly shall send any notice required under 7 paragraph (d) of subsection 8 of this Section to 8 USEPA. 9 v. The Agency may not issue a final permit 10 modification until after the 45-day review period for 11 USEPA or until USEPA has notified the Agency that 12 USEPA will not object to the issuance of the permit 13 modification, whichever comes first, although the 14 Agency can approve the permit modification prior to 15 that time. Within 90 days after the Agency's receipt 16 of an application under the minor permit modification 17 procedures or 15 days after the end of USEPA's 45-day 18 review period under subsection 9 of this Section, 19 whichever is later, the Agency shall: 20 A. Issue the permit modification as proposed; 21 B. Deny the permit modification application; 22 C. Determine that the requested modification 23 does not meet the minor permit modification 24 criteria and should be reviewed under the 25 significant modification procedures; or 26 D. Revise the draft permit modification and SB1823- 128 -LRB103 25618 CPF 51967 b 1 transmit to USEPA the new proposed permit 2 modification as required by subsection 9 of this 3 Section. 4 vi. Any CAAPP source may make the change proposed 5 in its minor permit modification application 6 immediately after it files such application. After the 7 CAAPP source makes the change allowed by the preceding 8 sentence, and until the Agency takes any of the 9 actions specified in items (A) through (C) of 10 subparagraph (v) of paragraph (a) of this subsection, 11 the source must comply with both the applicable 12 requirements governing the change and the proposed 13 permit terms and conditions. During this time period, 14 the source need not comply with the existing permit 15 terms and conditions it seeks to modify. If the source 16 fails to comply with its proposed permit terms and 17 conditions during this time period, the existing 18 permit terms and conditions which it seeks to modify 19 may be enforced against it. 20 vii. The permit shield under paragraph (j) of 21 subsection 7 of this Section may not extend to minor 22 permit modifications. 23 viii. If a construction permit is required, 24 pursuant to subsection (a) of Section 39 of this Act 25 and regulations thereunder, for a change for which the 26 minor permit modification procedures are applicable, SB1823- 129 -LRB103 25618 CPF 51967 b 1 the source may request that the processing of the 2 construction permit application be consolidated with 3 the processing of the application for the minor permit 4 modification. In such cases, the provisions of this 5 Section, including those within subsections 5, 8, and 6 9, shall apply and the Agency shall act on such 7 applications pursuant to subparagraph (v) of paragraph 8 (a) of subsection 14 of this Section. The source may 9 make the proposed change immediately after filing its 10 application for the minor permit modification. Nothing 11 in this subparagraph shall otherwise affect the 12 requirements and procedures applicable to construction 13 permits. 14 b. Group Processing of Minor Permit Modifications. 15 i. Where requested by an applicant within its 16 application, the Agency shall process groups of a 17 source's applications for certain modifications 18 eligible for minor permit modification processing in 19 accordance with the provisions of this paragraph (b). 20 ii. Permit modifications may be processed in 21 accordance with the procedures for group processing, 22 for those modifications: 23 A. Which meet the criteria for minor permit 24 modification procedures under subparagraph (i) of 25 paragraph (a) of subsection 14 of this Section; 26 and SB1823- 130 -LRB103 25618 CPF 51967 b 1 B. That collectively are below 10 percent of 2 the emissions allowed by the permit for the 3 emissions unit for which change is requested, 20 4 percent of the applicable definition of major 5 source set forth in subsection 2 of this Section, 6 or 5 tons per year, whichever is least. 7 iii. An applicant requesting the use of group 8 processing procedures shall meet the requirements of 9 subsection 5 of this Section and shall include the 10 following in its application: 11 A. A description of the change, the emissions 12 resulting from the change, and any new applicable 13 requirements that will apply if the change occurs. 14 B. The source's suggested draft permit. 15 C. Certification by a responsible official 16 consistent with paragraph (e) of subsection 5 of 17 this Section, that the proposed modification meets 18 the criteria for use of group processing 19 procedures and a request that such procedures be 20 used. 21 D. A list of the source's other pending 22 applications awaiting group processing, and a 23 determination of whether the requested 24 modification, aggregated with these other 25 applications, equals or exceeds the threshold set 26 under item (B) of subparagraph (ii) of paragraph SB1823- 131 -LRB103 25618 CPF 51967 b 1 (b) of this subsection. 2 E. Certification, consistent with paragraph 3 (e) of subsection 5 of this Section, that the 4 source has notified USEPA of the proposed 5 modification. Such notification need only contain 6 a brief description of the requested modification. 7 F. Completed forms for the Agency to use to 8 notify USEPA and affected states as required under 9 subsections 8 and 9 of this Section. 10 iv. On a quarterly basis or within 5 business days 11 after receipt of an application demonstrating that the 12 aggregate of a source's pending applications equals or 13 exceeds the threshold level set forth within item (B) 14 of subparagraph (ii) of paragraph (b) of this 15 subsection, whichever is earlier, the Agency shall 16 promptly notify USEPA and affected States of the 17 requested permit modifications in accordance with 18 subsections 8 and 9 of this Section. The Agency shall 19 send any notice required under paragraph (d) of 20 subsection 8 of this Section to USEPA. 21 v. The provisions of subparagraph (v) of paragraph 22 (a) of this subsection shall apply to modifications 23 eligible for group processing, except that the Agency 24 shall take one of the actions specified in items (A) 25 through (D) of subparagraph (v) of paragraph (a) of 26 this subsection within 180 days after receipt of the SB1823- 132 -LRB103 25618 CPF 51967 b 1 application or 15 days after the end of USEPA's 45-day 2 review period under subsection 9 of this Section, 3 whichever is later. 4 vi. The provisions of subparagraph (vi) of 5 paragraph (a) of this subsection shall apply to 6 modifications for group processing. 7 vii. The provisions of paragraph (j) of subsection 8 7 of this Section shall not apply to modifications 9 eligible for group processing. 10 c. Significant Permit Modifications. 11 i. Significant modification procedures shall be 12 used for applications requesting significant permit 13 modifications and for those applications that do not 14 qualify as either minor permit modifications or as 15 administrative permit amendments. 16 ii. Every significant change in existing 17 monitoring permit terms or conditions and every 18 relaxation of reporting or recordkeeping requirements 19 shall be considered significant. A modification shall 20 also be considered significant if in the judgment of 21 the Agency action on an application for modification 22 would require decisions to be made on technically 23 complex issues. Nothing herein shall be construed to 24 preclude the permittee from making changes consistent 25 with this Section that would render existing permit 26 compliance terms and conditions irrelevant. SB1823- 133 -LRB103 25618 CPF 51967 b 1 iii. Significant permit modifications must meet 2 all the requirements of this Section, including those 3 for applications (including completeness review), 4 public participation, review by affected States, and 5 review by USEPA applicable to initial permit issuance 6 and permit renewal. The Agency shall take final action 7 on significant permit modifications within 9 months 8 after receipt of a complete application. 9 d. 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 15. Reopenings for Cause by the Agency. 14 a. Each issued CAAPP permit shall include provisions 15 specifying the conditions under which the permit will be 16 reopened prior to the expiration of the permit. Such 17 revisions shall be made as expeditiously as practicable. A 18 CAAPP permit shall be reopened and revised under any of 19 the following circumstances, in accordance with procedures 20 adopted by the Agency: 21 i. Additional requirements under the Clean Air Act 22 become applicable to a major CAAPP source for which 3 23 or more years remain on the original term of the 24 permit. Such a reopening shall be completed not later 25 than 18 months after the promulgation of the SB1823- 134 -LRB103 25618 CPF 51967 b 1 applicable requirement. No such revision is required 2 if the effective date of the requirement is later than 3 the date on which the permit is due to expire. 4 ii. Additional requirements (including excess 5 emissions requirements) become applicable to an 6 affected source for acid deposition under the acid 7 rain program. Excess emissions offset plans shall be 8 deemed to be incorporated into the permit upon 9 approval by USEPA. 10 iii. The Agency or USEPA determines that the 11 permit contains a material mistake or that inaccurate 12 statements were made in establishing the emissions 13 standards, limitations, or other terms or conditions 14 of the permit. 15 iv. The Agency or USEPA determines that the permit 16 must be revised or revoked to assure compliance with 17 the applicable requirements. 18 b. In the event that the Agency determines that there 19 are grounds for revoking a CAAPP permit, for cause, 20 consistent with paragraph a of this subsection, it shall 21 file a petition before the Board setting forth the basis 22 for such revocation. In any such proceeding, the Agency 23 shall have the burden of establishing that the permit 24 should be revoked under the standards set forth in this 25 Act and the Clean Air Act. Any such proceeding shall be 26 conducted pursuant to the Board's procedures for SB1823- 135 -LRB103 25618 CPF 51967 b 1 adjudicatory hearings and the Board shall render its 2 decision within 120 days of the filing of the petition. 3 The Agency shall take final action to revoke and reissue a 4 CAAPP permit consistent with the Board's order. 5 c. Proceedings regarding a reopened CAAPP permit shall 6 follow the same procedures as apply to initial permit 7 issuance and shall affect only those parts of the permit 8 for which cause to reopen exists. 9 d. Reopenings under paragraph (a) of this subsection 10 shall not be initiated before a notice of such intent is 11 provided to the CAAPP source by the Agency at least 30 days 12 in advance of the date that the permit is to be reopened, 13 except that the Agency may provide a shorter time period 14 in the case of an emergency. 15 e. The Agency shall have the authority to adopt 16 procedural rules, in accordance with the Illinois 17 Administrative Procedure Act, as the Agency deems 18 necessary, to implement this subsection. 19 16. Reopenings for Cause by USEPA. 20 a. When USEPA finds that cause exists to terminate, 21 modify, or revoke and reissue a CAAPP permit pursuant to 22 subsection 15 of this Section, and thereafter notifies the 23 Agency and the permittee of such finding in writing, the 24 Agency shall forward to USEPA and the permittee a proposed 25 determination of termination, modification, or revocation SB1823- 136 -LRB103 25618 CPF 51967 b 1 and reissuance as appropriate, in accordance with 2 paragraph (b) of this subsection. The Agency's proposed 3 determination shall be in accordance with the record, the 4 Clean Air Act, regulations promulgated thereunder, this 5 Act and regulations promulgated thereunder. Such proposed 6 determination shall not affect the permit or constitute a 7 final permit action for purposes of this Act or the 8 Administrative Review Law. The Agency shall forward to 9 USEPA such proposed determination within 90 days after 10 receipt of the notification from USEPA. If additional time 11 is necessary to submit the proposed determination, the 12 Agency shall request a 90-day extension from USEPA and 13 shall submit the proposed determination within 180 days 14 after receipt of notification from USEPA. 15 b. i. Prior to the Agency's submittal to USEPA of a 16 proposed determination to terminate or revoke and 17 reissue the permit, the Agency shall file a petition 18 before the Board setting forth USEPA's objection, the 19 permit record, the Agency's proposed determination, 20 and the justification for its proposed determination. 21 The Board shall conduct a hearing pursuant to the 22 rules prescribed by Section 32 of this Act, and the 23 burden of proof shall be on the Agency. 24 ii. After due consideration of the written and 25 oral statements, the testimony and arguments that 26 shall be submitted at hearing, the Board shall issue SB1823- 137 -LRB103 25618 CPF 51967 b 1 and enter an interim order for the proposed 2 determination, which shall set forth all changes, if 3 any, required in the Agency's proposed determination. 4 The interim order shall comply with the requirements 5 for final orders as set forth in Section 33 of this 6 Act. Issuance of an interim order by the Board under 7 this paragraph, however, shall not affect the permit 8 status and does not constitute a final action for 9 purposes of this Act or the Administrative Review Law. 10 iii. The Board shall cause a copy of its interim 11 order to be served upon all parties to the proceeding 12 as well as upon USEPA. The Agency shall submit the 13 proposed determination to USEPA in accordance with the 14 Board's Interim Order within 180 days after receipt of 15 the notification from USEPA. 16 c. USEPA shall review the proposed determination to 17 terminate, modify, or revoke and reissue the permit within 18 90 days after receipt. 19 i. When USEPA reviews the proposed determination 20 to terminate or revoke and reissue and does not 21 object, the Board shall, within 7 days after receipt 22 of USEPA's final approval, enter the interim order as 23 a final order. The final order may be appealed as 24 provided by Title XI of this Act. The Agency shall take 25 final action in accordance with the Board's final 26 order. SB1823- 138 -LRB103 25618 CPF 51967 b 1 ii. When USEPA reviews such proposed determination 2 to terminate or revoke and reissue and objects, the 3 Agency shall submit USEPA's objection and the Agency's 4 comments and recommendation on the objection to the 5 Board and permittee. The Board shall review its 6 interim order in response to USEPA's objection and the 7 Agency's comments and recommendation and issue a final 8 order in accordance with Sections 32 and 33 of this 9 Act. The Agency shall, within 90 days after receipt of 10 such objection, respond to USEPA's objection in 11 accordance with the Board's final order. 12 iii. When USEPA reviews such proposed 13 determination to modify and objects, the Agency shall, 14 within 90 days after receipt of the objection, resolve 15 the objection and modify the permit in accordance with 16 USEPA's objection, based upon the record, the Clean 17 Air Act, regulations promulgated thereunder, this Act, 18 and regulations promulgated thereunder. 19 d. If the Agency fails to submit the proposed 20 determination pursuant to paragraph a of this subsection 21 or fails to resolve any USEPA objection pursuant to 22 paragraph c of this subsection, USEPA will terminate, 23 modify, or revoke and reissue the permit. 24 e. The Agency shall have the authority to adopt 25 procedural rules, in accordance with the Illinois 26 Administrative Procedure Act, as the Agency deems SB1823- 139 -LRB103 25618 CPF 51967 b 1 necessary, to implement this subsection. 2 17. Title IV; Acid Rain Provisions. 3 a. The Agency shall act on initial CAAPP applications 4 for affected sources for acid deposition in accordance 5 with this Section and Title V of the Clean Air Act and 6 regulations promulgated thereunder, except as modified by 7 Title IV of the Clean Air Act and regulations promulgated 8 thereunder. The Agency shall issue initial CAAPP permits 9 to the affected sources for acid deposition which shall 10 become effective no earlier than January 1, 1995, and 11 which shall terminate on December 31, 1999, in accordance 12 with this Section. Subsequent CAAPP permits issued to 13 affected sources for acid deposition shall be issued for a 14 fixed term of 5 years. Title IV of the Clean Air Act and 15 regulations promulgated thereunder, including but not 16 limited to 40 C.F.R. Part 72, as now or hereafter amended, 17 are applicable to and enforceable under this Act. 18 b. A designated representative of an affected source 19 for acid deposition shall submit a timely and complete 20 Phase II acid rain permit application and compliance plan 21 to the Agency, not later than January 1, 1996, that meets 22 the requirements of Titles IV and V of the Clean Air Act 23 and regulations. The Agency shall act on the Phase II acid 24 rain permit application and compliance plan in accordance 25 with this Section and Title V of the Clean Air Act and SB1823- 140 -LRB103 25618 CPF 51967 b 1 regulations promulgated thereunder, except as modified by 2 Title IV of the Clean Air Act and regulations promulgated 3 thereunder. The Agency shall issue the Phase II acid rain 4 permit to an affected source for acid deposition no later 5 than December 31, 1997, which shall become effective on 6 January 1, 2000, in accordance with this Section, except 7 as modified by Title IV and regulations promulgated 8 thereunder; provided that the designated representative of 9 the source submitted a timely and complete Phase II permit 10 application and compliance plan to the Agency that meets 11 the requirements of Title IV and V of the Clean Air Act and 12 regulations. 13 c. Each Phase II acid rain permit issued in accordance 14 with this subsection shall have a fixed term of 5 years. 15 Except as provided in paragraph b above, the Agency shall 16 issue or deny a Phase II acid rain permit within 18 months 17 of receiving a complete Phase II permit application and 18 compliance plan. 19 d. A designated representative of a new unit, as 20 defined in Section 402 of the Clean Air Act, shall submit a 21 timely and complete Phase II acid rain permit application 22 and compliance plan that meets the requirements of Titles 23 IV and V of the Clean Air Act and its regulations. The 24 Agency shall act on the new unit's Phase II acid rain 25 permit application and compliance plan in accordance with 26 this Section and Title V of the Clean Air Act and its SB1823- 141 -LRB103 25618 CPF 51967 b 1 regulations, except as modified by Title IV of the Clean 2 Air Act and its regulations. The Agency shall reopen the 3 new unit's CAAPP permit for cause to incorporate the 4 approved Phase II acid rain permit in accordance with this 5 Section. The Phase II acid rain permit for the new unit 6 shall become effective no later than the date required 7 under Title IV of the Clean Air Act and its regulations. 8 e. A designated representative of an affected source 9 for acid deposition shall submit a timely and complete 10 Title IV NOx permit application to the Agency, not later 11 than January 1, 1998, that meets the requirements of 12 Titles IV and V of the Clean Air Act and its regulations. 13 The Agency shall reopen the Phase II acid rain permit for 14 cause and incorporate the approved NOx provisions into the 15 Phase II acid rain permit not later than January 1, 1999, 16 in accordance with this Section, except as modified by 17 Title IV of the Clean Air Act and regulations promulgated 18 thereunder. Such reopening shall not affect the term of 19 the Phase II acid rain permit. 20 f. The designated representative of the affected 21 source for acid deposition shall renew the initial CAAPP 22 permit and Phase II acid rain permit in accordance with 23 this Section and Title V of the Clean Air Act and 24 regulations promulgated thereunder, except as modified by 25 Title IV of the Clean Air Act and regulations promulgated 26 thereunder. SB1823- 142 -LRB103 25618 CPF 51967 b 1 g. In the case of an affected source for acid 2 deposition for which a complete Phase II acid rain permit 3 application and compliance plan are timely received under 4 this subsection, the complete permit application and 5 compliance plan, including amendments thereto, shall be 6 binding on the owner, operator and designated 7 representative, all affected units for acid deposition at 8 the affected source, and any other unit, as defined in 9 Section 402 of the Clean Air Act, governed by the Phase II 10 acid rain permit application and shall be enforceable as 11 an acid rain permit for purposes of Titles IV and V of the 12 Clean Air Act, from the date of submission of the acid rain 13 permit application until a Phase II acid rain permit is 14 issued or denied by the Agency. 15 h. The Agency shall not include or implement any 16 measure which would interfere with or modify the 17 requirements of Title IV of the Clean Air Act or 18 regulations promulgated thereunder. 19 i. Nothing in this Section shall be construed as 20 affecting allowances or USEPA's decision regarding an 21 excess emissions offset plan, as set forth in Title IV of 22 the Clean Air Act or regulations promulgated thereunder. 23 i. No permit revision shall be required for 24 increases in emissions that are authorized by 25 allowances acquired pursuant to the acid rain program, 26 provided that such increases do not require a permit SB1823- 143 -LRB103 25618 CPF 51967 b 1 revision under any other applicable requirement. 2 ii. No limit shall be placed on the number of 3 allowances held by the source. The source may not, 4 however, use allowances as a defense to noncompliance 5 with any other applicable requirement. 6 iii. Any such allowance shall be accounted for 7 according to the procedures established in regulations 8 promulgated under Title IV of the Clean Air Act. 9 j. To the extent that the federal regulations 10 promulgated under Title IV, including but not limited to 11 40 C.F.R. Part 72, as now or hereafter amended, are 12 inconsistent with the federal regulations promulgated 13 under Title V, the federal regulations promulgated under 14 Title IV shall take precedence. 15 k. The USEPA may intervene as a matter of right in any 16 permit appeal involving a Phase II acid rain permit 17 provision or denial of a Phase II acid rain permit. 18 l. It is unlawful for any owner or operator to violate 19 any terms or conditions of a Phase II acid rain permit 20 issued under this subsection, to operate any affected 21 source for acid deposition except in compliance with a 22 Phase II acid rain permit issued by the Agency under this 23 subsection, or to violate any other applicable 24 requirements. 25 m. The designated representative of an affected source 26 for acid deposition shall submit to the Agency the data SB1823- 144 -LRB103 25618 CPF 51967 b 1 and information submitted quarterly to USEPA, pursuant to 2 40 CFR 75.64, concurrently with the submission to USEPA. 3 The submission shall be in the same electronic format as 4 specified by USEPA. 5 n. The Agency shall act on any petition for exemption 6 of a new unit or retired unit, as those terms are defined 7 in Section 402 of the Clean Air Act, from the requirements 8 of the acid rain program in accordance with Title IV of the 9 Clean Air Act and its regulations. 10 o. The Agency shall have the authority to adopt 11 procedural rules, in accordance with the Illinois 12 Administrative Procedure Act, as the Agency deems 13 necessary to implement this subsection. 14 18. Fee Provisions. 15 a. A source subject to this Section or excluded under 16 subsection 1.1 or paragraph (c) of subsection 3 of this 17 Section, shall pay a fee as provided in this paragraph (a) 18 of subsection 18. However, a source that has been excluded 19 from the provisions of this Section under subsection 1.1 20 or under paragraph (c) of subsection 3 of this Section 21 because the source emits less than 25 tons per year of any 22 combination of regulated air pollutants, except greenhouse 23 gases, shall pay fees in accordance with paragraph (1) of 24 subsection (b) of Section 9.6. 25 i. The fee for a source allowed to emit less than SB1823- 145 -LRB103 25618 CPF 51967 b 1 100 tons per year of any combination of regulated air 2 pollutants, except greenhouse gases, shall be $1,800 3 per year, and that fee shall increase, beginning 4 January 1, 2012, to $2,150 per year. 5 ii. The fee for a source allowed to emit 100 tons 6 or more per year of any combination of regulated air 7 pollutants, except greenhouse gases and those 8 regulated air pollutants excluded in paragraph (f) of 9 this subsection 18, shall be as follows: 10 A. The Agency shall assess a fee of $18 per 11 ton, per year for the allowable emissions of 12 regulated air pollutants subject to this 13 subparagraph (ii) of paragraph (a) of subsection 14 18, and that fee shall increase, beginning January 15 1, 2012, to $21.50 per ton, per year. These fees 16 shall be used by the Agency and the Board to fund 17 the activities required by Title V of the Clean 18 Air Act including such activities as may be 19 carried out by other State or local agencies 20 pursuant to paragraph (d) of this subsection. The 21 amount of such fee shall be based on the 22 information supplied by the applicant in its 23 complete CAAPP permit application or in the CAAPP 24 permit if the permit has been granted and shall be 25 determined by the amount of emissions that the 26 source is allowed to emit annually, provided SB1823- 146 -LRB103 25618 CPF 51967 b 1 however, that the maximum fee for a CAAPP permit 2 under this subparagraph (ii) of paragraph (a) of 3 subsection 18 is $250,000, and increases, 4 beginning January 1, 2012, to $294,000. Beginning 5 January 1, 2012, the maximum fee under this 6 subparagraph (ii) of paragraph (a) of subsection 7 18 for a source that has been excluded under 8 subsection 1.1 of this Section or under paragraph 9 (c) of subsection 3 of this Section is $4,112. The 10 Agency shall provide as part of the permit 11 application form required under subsection 5 of 12 this Section a separate fee calculation form which 13 will allow the applicant to identify the allowable 14 emissions and calculate the fee. In no event shall 15 the Agency raise the amount of allowable emissions 16 requested by the applicant unless such increases 17 are required to demonstrate compliance with terms 18 of a CAAPP permit. 19 Notwithstanding the above, any applicant may 20 seek a change in its permit which would result in 21 increases in allowable emissions due to an 22 increase in the hours of operation or production 23 rates of an emission unit or units and such a 24 change shall be consistent with the construction 25 permit requirements of the existing State permit 26 program, under subsection (a) of Section 39 of SB1823- 147 -LRB103 25618 CPF 51967 b 1 this Act and applicable provisions of this 2 Section. Where a construction permit is required, 3 the Agency shall expeditiously grant such 4 construction permit and shall, if necessary, 5 modify the CAAPP permit based on the same 6 application. 7 B. The applicant or permittee may pay the fee 8 annually or semiannually for those fees greater 9 than $5,000. However, any applicant paying a fee 10 equal to or greater than $100,000 shall pay the 11 full amount on July 1, for the subsequent fiscal 12 year, or pay 50% of the fee on July 1 and the 13 remaining 50% by the next January 1. The Agency 14 may change any annual billing date upon reasonable 15 notice, but shall prorate the new bill so that the 16 permittee or applicant does not pay more than its 17 required fees for the fee period for which payment 18 is made. 19 b. (Blank). 20 c. (Blank). 21 d. There is hereby created in the State Treasury a 22 special fund to be known as the Clean Air Act Permit Fund 23 (formerly known as the CAA Permit Fund). All Funds 24 collected by the Agency pursuant to this subsection shall 25 be deposited into the Fund. The General Assembly shall 26 appropriate monies from this Fund to the Agency and to the SB1823- 148 -LRB103 25618 CPF 51967 b 1 Board to carry out their obligations under this Section. 2 The General Assembly may also authorize monies to be 3 granted by the Agency from this Fund to other State and 4 local agencies which perform duties related to the CAAPP. 5 Interest generated on the monies deposited in this Fund 6 shall be returned to the Fund. 7 e. The Agency shall have the authority to adopt 8 procedural rules, in accordance with the Illinois 9 Administrative Procedure Act, as the Agency deems 10 necessary to implement this subsection. 11 f. For purposes of this subsection, the term 12 "regulated air pollutant" shall have the meaning given to 13 it under subsection 1 of this Section but shall exclude 14 the following: 15 i. carbon monoxide; 16 ii. any Class I or II substance which is a 17 regulated air pollutant solely because it is listed 18 pursuant to Section 602 of the Clean Air Act; and 19 iii. any pollutant that is a regulated air 20 pollutant solely because it is subject to a standard 21 or regulation under Section 112(r) of the Clean Air 22 Act based on the emissions allowed in the permit 23 effective in that calendar year, at the time the 24 applicable bill is generated. 25 19. Air Toxics Provisions. SB1823- 149 -LRB103 25618 CPF 51967 b 1 a. In the event that the USEPA fails to promulgate in a 2 timely manner a standard pursuant to Section 112(d) of the 3 Clean Air Act, the Agency shall have the authority to 4 issue permits, pursuant to Section 112(j) of the Clean Air 5 Act and regulations promulgated thereunder, which contain 6 emission limitations which are equivalent to the emission 7 limitations that would apply to a source if an emission 8 standard had been promulgated in a timely manner by USEPA 9 pursuant to Section 112(d). Provided, however, that the 10 owner or operator of a source shall have the opportunity 11 to submit to the Agency a proposed emission limitation 12 which it determines to be equivalent to the emission 13 limitations that would apply to such source if an emission 14 standard had been promulgated in a timely manner by USEPA. 15 If the Agency refuses to include the emission limitation 16 proposed by the owner or operator in a CAAPP permit, the 17 owner or operator may petition the Board to establish 18 whether the emission limitation proposal submitted by the 19 owner or operator provides for emission limitations which 20 are equivalent to the emission limitations that would 21 apply to the source if the emission standard had been 22 promulgated by USEPA in a timely manner. The Board shall 23 determine whether the emission limitation proposed by the 24 owner or operator or an alternative emission limitation 25 proposed by the Agency provides for the level of control 26 required under Section 112 of the Clean Air Act, or shall SB1823- 150 -LRB103 25618 CPF 51967 b 1 otherwise establish an appropriate emission limitation, 2 pursuant to Section 112 of the Clean Air Act. 3 b. Any Board proceeding brought under paragraph (a) or 4 (e) of this subsection shall be conducted according to the 5 Board's procedures for adjudicatory hearings and the Board 6 shall render its decision within 120 days of the filing of 7 the petition. Any such decision shall be subject to review 8 pursuant to Section 41 of this Act. Where USEPA 9 promulgates an applicable emission standard prior to the 10 issuance of the CAAPP permit, the Agency shall include in 11 the permit the promulgated standard, provided that the 12 source shall have the compliance period provided under 13 Section 112(i) of the Clean Air Act. Where USEPA 14 promulgates an applicable standard subsequent to the 15 issuance of the CAAPP permit, the Agency shall revise such 16 permit upon the next renewal to reflect the promulgated 17 standard, providing a reasonable time for the applicable 18 source to comply with the standard, but no longer than 8 19 years after the date on which the source is first required 20 to comply with the emissions limitation established under 21 this subsection. 22 c. The Agency shall have the authority to implement 23 and enforce complete or partial emission standards 24 promulgated by USEPA pursuant to Section 112(d), and 25 standards promulgated by USEPA pursuant to Sections 26 112(f), 112(h), 112(m), and 112(n), and may accept SB1823- 151 -LRB103 25618 CPF 51967 b 1 delegation of authority from USEPA to implement and 2 enforce Section 112(l) and requirements for the prevention 3 and detection of accidental releases pursuant to Section 4 112(r) of the Clean Air Act. 5 d. The Agency shall have the authority to issue 6 permits pursuant to Section 112(i)(5) of the Clean Air 7 Act. 8 e. The Agency has the authority to implement Section 9 112(g) of the Clean Air Act consistent with the Clean Air 10 Act and federal regulations promulgated thereunder. If the 11 Agency refuses to include the emission limitations 12 proposed in an application submitted by an owner or 13 operator for a case-by-case maximum achievable control 14 technology (MACT) determination, the owner or operator may 15 petition the Board to determine whether the emission 16 limitation proposed by the owner or operator or an 17 alternative emission limitation proposed by the Agency 18 provides for a level of control required by Section 112 of 19 the Clean Air Act, or to otherwise establish an 20 appropriate emission limitation under Section 112 of the 21 Clean Air Act. 22 20. Small Business. 23 a. For purposes of this subsection: 24 "Program" is the Small Business Stationary Source 25 Technical and Environmental Compliance Assistance Program SB1823- 152 -LRB103 25618 CPF 51967 b 1 created within this State pursuant to Section 507 of the 2 Clean Air Act and guidance promulgated thereunder, to 3 provide technical assistance and compliance information to 4 small business stationary sources; 5 "Small Business Assistance Program" is a component of 6 the Program responsible for providing sufficient 7 communications with small businesses through the 8 collection and dissemination of information to small 9 business stationary sources; and 10 "Small Business Stationary Source" means a stationary 11 source that: 12 1. is owned or operated by a person that employs 13 100 or fewer individuals; 14 2. is a small business concern as defined in the 15 "Small Business Act"; 16 3. is not a major source as that term is defined in 17 subsection 2 of this Section; 18 4. does not emit 50 tons or more per year of any 19 regulated air pollutant, except greenhouse gases; and 20 5. emits less than 75 tons per year of all 21 regulated pollutants, except greenhouse gases. 22 b. The Agency shall adopt and submit to USEPA, after 23 reasonable notice and opportunity for public comment, as a 24 revision to the Illinois state implementation plan, plans 25 for establishing the Program. 26 c. The Agency shall have the authority to enter into SB1823- 153 -LRB103 25618 CPF 51967 b 1 such contracts and agreements as the Agency deems 2 necessary to carry out the purposes of this subsection. 3 d. The Agency may establish such procedures as it may 4 deem necessary for the purposes of implementing and 5 executing its responsibilities under this subsection. 6 e. There shall be appointed a Small Business Ombudsman 7 (hereinafter in this subsection referred to as 8 "Ombudsman") to monitor the Small Business Assistance 9 Program. The Ombudsman shall be a nonpartisan designated 10 official, with the ability to independently assess whether 11 the goals of the Program are being met. 12 f. The State Ombudsman Office shall be located in an 13 existing Ombudsman office within the State or in any State 14 Department. 15 g. There is hereby created a State Compliance Advisory 16 Panel (hereinafter in this subsection referred to as 17 "Panel") for determining the overall effectiveness of the 18 Small Business Assistance Program within this State. 19 h. The selection of Panel members shall be by the 20 following method: 21 1. The Governor shall select two members who are 22 not owners or representatives of owners of small 23 business stationary sources to represent the general 24 public; 25 2. The Director of the Agency shall select one 26 member to represent the Agency; and SB1823- 154 -LRB103 25618 CPF 51967 b 1 3. The State Legislature shall select four members 2 who are owners or representatives of owners of small 3 business stationary sources. Both the majority and 4 minority leadership in both Houses of the Legislature 5 shall appoint one member of the panel. 6 i. Panel members should serve without compensation but 7 will receive full reimbursement for expenses including 8 travel and per diem as authorized within this State. 9 j. The Panel shall select its own Chair by a majority 10 vote. The Chair may meet and consult with the Ombudsman 11 and the head of the Small Business Assistance Program in 12 planning the activities for the Panel. 13 21. Temporary Sources. 14 a. The Agency may issue a single permit authorizing 15 emissions from similar operations by the same source owner 16 or operator at multiple temporary locations, except for 17 sources which are affected sources for acid deposition 18 under Title IV of the Clean Air Act. 19 b. The applicant must demonstrate that the operation 20 is temporary and will involve at least one change of 21 location during the term of the permit. 22 c. Any such permit shall meet all applicable 23 requirements of this Section and applicable regulations, 24 and include conditions assuring compliance with all 25 applicable requirements at all authorized locations and SB1823- 155 -LRB103 25618 CPF 51967 b 1 requirements that the owner or operator notify the Agency 2 at least 10 days in advance of each change in location. 3 22. Solid Waste Incineration Units. 4 a. A CAAPP permit for a solid waste incineration unit 5 combusting municipal waste subject to standards 6 promulgated under Section 129(e) of the Clean Air Act 7 shall be issued for a period of 12 years and shall be 8 reviewed every 5 years, unless the Agency requires more 9 frequent review through Agency procedures. 10 b. During the review in paragraph (a) of this 11 subsection, the Agency shall fully review the previously 12 submitted CAAPP permit application and corresponding 13 reports subsequently submitted to determine whether the 14 source is in compliance with all applicable requirements. 15 c. If the Agency determines that the source is not in 16 compliance with all applicable requirements it shall 17 revise the CAAPP permit as appropriate. 18 d. The Agency shall have the authority to adopt 19 procedural rules, in accordance with the Illinois 20 Administrative Procedure Act, as the Agency deems 21 necessary, to implement this subsection. 22(Source: P.A. 99-380, eff. 8-17-15; 99-933, eff. 1-27-17; 23100-103, eff. 8-11-17.) 24 (415 ILCS 5/39.15 new) SB1823- 156 -LRB103 25618 CPF 51967 b 1 Sec. 39.15. Environmental justice considerations in 2permitting. 3 (a) The following public participation requirements for 4permitting transactions in an environmental justice community 5must be complied with: 6 (1) If an application for a permit, permit renewal, or 7 permit modification is subject to public notice and 8 comment requirements under this Act, rules adopted by the 9 Board, or rules adopted by the Agency, and the application 10 is for a facility or source in an environmental justice 11 community, the Agency must comply with existing applicable 12 requirements for public notice. 13 (2) In addition to the public notice requirements 14 referenced in paragraph (1), the Agency shall provide the 15 public with notice of an application for a permit, permit 16 renewal, or permit modification if the facility or 17 proposed facility is located or is to be located in an 18 environmental justice community for the following types of 19 permitting transactions: (i) permits for pollution control 20 facilities subject to local siting review under Section 21 39.2; and (ii) individual minor or major NPDES permits 22 issued under subsection (b) of Section 39. 23 The public notice shall be provided: (i) by prominent 24 placement at a dedicated page on the Agency's website; 25 (ii) to local elected officials in the area where the 26 facility or proposed facility is located or is to be SB1823- 157 -LRB103 25618 CPF 51967 b 1 located, including the mayor or president, clerk, county 2 board chairman, county clerk, and State's Attorney; and 3 (iii) to members of the General Assembly from the 4 legislative district in which the facility or proposed 5 facility is located or is to be located. 6 The public notice shall include: (i) the name and 7 address of the permit applicant and the facility or 8 proposed facility; and (ii) the activity or activities at 9 the facility or proposed facility being permitted. 10 (b) If the population of individuals who reside within one 11mile of the site or facility includes individuals within a 12linguistically isolated community, then the Agency must also 13provide: 14 (1) all public notices required by this Section in a 15 multilingual format appropriate to the needs of the 16 linguistically isolated community; and 17 (2) oral and written translation services at public 18 hearings. 19 (c) For permit applications for facilities in an 20environmental justice community, the Director of the Agency 21may grant extensions of any permitting deadlines established 22in this Act by up to an additional 180 days to allow for 23additional review of the permit application by the Agency or 24additional public participation. Any exercise of this 25authority shall be provided in writing to the permit applicant 26with the specific reason and new permitting deadline. SB1823- 158 -LRB103 25618 CPF 51967 b 1 (415 ILCS 5/40) (from Ch. 111 1/2, par. 1040) 2 Sec. 40. Appeal of permit denial. 3 (a)(1) If the Agency refuses to grant or grants with 4conditions a permit under Section 39 of this Act, the 5applicant may, within 35 days after the date on which the 6Agency served its decision on the applicant, petition for a 7hearing before the Board to contest the decision of the 8Agency. However, the 35-day period for petitioning for a 9hearing may be extended for an additional period of time not to 10exceed 90 days by written notice provided to the Board from the 11applicant and the Agency within the initial appeal period. The 12Board shall give 21 days' notice to any person in the county 13where is located the facility in issue who has requested 14notice of enforcement proceedings and to each member of the 15General Assembly in whose legislative district that 16installation or property is located; and shall publish that 1721-day notice in a newspaper of general circulation in that 18county. The Agency shall appear as respondent in such hearing. 19At such hearing the rules prescribed in Section 32 and 20subsection (a) of Section 33 of this Act shall apply, and the 21burden of proof shall be on the petitioner. If, however, the 22Agency issues an NPDES permit that imposes limits which are 23based upon a criterion or denies a permit based upon 24application of a criterion, then the Agency shall have the 25burden of going forward with the basis for the derivation of SB1823- 159 -LRB103 25618 CPF 51967 b 1those limits or criterion which were derived under the Board's 2rules. 3 (2) Except as provided in paragraph (a)(3), if there is no 4final action by the Board within 120 days after the date on 5which it received the petition, the petitioner may deem the 6permit issued under this Act, provided, however, that that 7period of 120 days shall not run for any period of time, not to 8exceed 30 days, during which the Board is without sufficient 9membership to constitute the quorum required by subsection (a) 10of Section 5 of this Act, and provided further that such 120 11day period shall not be stayed for lack of quorum beyond 30 12days regardless of whether the lack of quorum exists at the 13beginning of such 120-day period or occurs during the running 14of such 120-day period. 15 (3) Paragraph (a)(2) shall not apply to any permit which 16is subject to subsection (b), (d) or (e) of Section 39. If 17there is no final action by the Board within 120 days after the 18date on which it received the petition, the petitioner shall 19be entitled to an Appellate Court order pursuant to subsection 20(d) of Section 41 of this Act. 21 (b) If the Agency grants a RCRA permit for a hazardous 22waste disposal site, a third party, other than the permit 23applicant or Agency, may, within 35 days after the date on 24which the Agency issued its decision, petition the Board for a 25hearing to contest the issuance of the permit. Unless the 26Board determines that such petition is duplicative or SB1823- 160 -LRB103 25618 CPF 51967 b 1frivolous, or that the petitioner is so located as to not be 2affected by the permitted facility, the Board shall hear the 3petition in accordance with the terms of subsection (a) of 4this Section and its procedural rules governing denial 5appeals, such hearing to be based exclusively on the record 6before the Agency. The burden of proof shall be on the 7petitioner. The Agency and the permit applicant shall be named 8co-respondents. 9 The provisions of this subsection do not apply to the 10granting of permits issued for the disposal or utilization of 11sludge from publicly owned sewage works. 12 (c) Any party to an Agency proceeding conducted pursuant 13to Section 39.3 of this Act may petition as of right to the 14Board for review of the Agency's decision within 35 days from 15the date of issuance of the Agency's decision, provided that 16such appeal is not duplicative or frivolous. However, the 1735-day period for petitioning for a hearing may be extended by 18the applicant for a period of time not to exceed 90 days by 19written notice provided to the Board from the applicant and 20the Agency within the initial appeal period. If another person 21with standing to appeal wishes to obtain an extension, there 22must be a written notice provided to the Board by that person, 23the Agency, and the applicant, within the initial appeal 24period. The decision of the Board shall be based exclusively 25on the record compiled in the Agency proceeding. In other 26respects the Board's review shall be conducted in accordance SB1823- 161 -LRB103 25618 CPF 51967 b 1with subsection (a) of this Section and the Board's procedural 2rules governing permit denial appeals. 3 (d) In reviewing the denial or any condition of a NA NSR 4permit issued by the Agency pursuant to rules and regulations 5adopted under subsection (c) of Section 9.1 of this Act, the 6decision of the Board shall be based exclusively on the record 7before the Agency including the record of the hearing, if any, 8unless the parties agree to supplement the record. The Board 9shall, if it finds the Agency is in error, make a final 10determination as to the substantive limitations of the permit 11including a final determination of Lowest Achievable Emission 12Rate. 13 (e)(1) If the Agency grants or denies a permit under 14subsection (b) of Section 39 of this Act, a third party, other 15than the permit applicant or Agency, may petition the Board 16within 35 days from the date of issuance of the Agency's 17decision, for a hearing to contest the decision of the Agency. 18 (2) A petitioner shall include the following within a 19petition submitted under subdivision (1) of this subsection: 20 (A) a demonstration that the petitioner raised the 21 issues contained within the petition during the public 22 notice period or during the public hearing on the NPDES 23 permit application, if a public hearing was held; and 24 (B) a demonstration that the petitioner is so situated 25 as to be affected by the permitted facility. 26 (3) If the Board determines that the petition is not SB1823- 162 -LRB103 25618 CPF 51967 b 1duplicative or frivolous and contains a satisfactory 2demonstration under subdivision (2) of this subsection, the 3Board shall hear the petition (i) in accordance with the terms 4of subsection (a) of this Section and its procedural rules 5governing permit denial appeals and (ii) exclusively on the 6basis of the record before the Agency. The burden of proof 7shall be on the petitioner. The Agency and permit applicant 8shall be named co-respondents. 9 (f) Any person who files a petition to contest the 10issuance of a permit by the Agency shall pay a filing fee. 11 (g) If the Agency grants or denies a permit under 12subsection (y) of Section 39, a third party, other than the 13permit applicant or Agency, may appeal the Agency's decision 14as provided under federal law for CCR surface impoundment 15permits. 16 (h) If the Agency grants a permit to construct, modify, or 17operate a facility that emits air pollutants and is classified 18as a minor source, a third party, other than the permit 19applicant or Agency, may, within 35 days after the date on 20which the Agency issued its decision, petition the Board for a 21hearing to contest the issuance of the permit. Unless the 22Board determines that the petition is duplicative or frivolous 23or that the petitioner is so located as to not be affected by 24the permitted facility, the Board shall hear the petition in 25accordance with the terms of subsection (a) of this Section 26and its procedural rules governing denial appeals. The hearing SB1823- 163 -LRB103 25618 CPF 51967 b 1shall be based exclusively on the record before the Agency. 2The burden of proof shall be on the petitioner. The Agency and 3the permit applicant shall be named co-respondents. 4(Source: P.A. 101-171, eff. 7-30-19; 102-558, eff. 8-20-21.) 5 (415 ILCS 5/40.4 new) 6 Sec. 40.4. Environmental justice grievance. 7 (a) An environmental justice grievance process, subject to 8the provisions of this Section, applies to complaints alleging 9violations of Section 601 of the federal Civil Rights Act of 101964. 11 (b) An environmental justice grievance must allege 12discrimination on the basis of an individual's actual or 13perceived race, color, religion, national origin, citizenship, 14ancestry, age, sex, marital status, order of protection 15status, conviction record, arrest record, disability, military 16status, sexual orientation, gender identity, gender 17expression, pregnancy, or unfavorable discharge from military 18service. 19 (c) To initiate the environmental justice grievance 20process a person must file a complaint with the Agency within 2160 days after an alleged violation. The Agency, in its 22discretion, may waive the 60-day deadline for good cause. The 23complaint must: 24 (1) be in writing; 25 (2) describe with specificity the discrimination SB1823- 164 -LRB103 25618 CPF 51967 b 1 alleged; and 2 (3) identify the parties impacted by the alleged 3 discrimination. 4 (d) The complaint under subsection (c) must be addressed 5as follows: 6 Illinois Environmental Protection Agency 7 Environmental Justice Officer 8 1021 North Grand Avenue East 9 P.O. Box 19276 10 Springfield, IL 62794 11 (e) Within 10 days after receiving the complaint filed 12under subsection (c), the Agency shall provide written notice 13of receipt and acceptance of the complaint. If the Agency 14determines that it has jurisdiction to review the complaint, 15the complaint will be considered meritorious, unless: 16 (1) the complaint clearly appears on its face to be 17 frivolous or trivial; 18 (2) the complaint is not timely and good cause does 19 not exist to waive timeliness; 20 (3) the Agency, within the time allotted to 21 investigate the complaint, voluntarily concedes 22 noncompliance and agrees to take appropriate remedial 23 action or agrees to an informal resolution of the 24 complaint; or 25 (4) the complainant, within the time allotted for the 26 complaint to be investigated, withdraws the complaint. SB1823- 165 -LRB103 25618 CPF 51967 b 1 (f) Within 120 days after the date it provides written 2notice of receipt and acceptance of the complaint under 3subsection (e), the Agency shall make a determination of 4jurisdiction and the merits of the complaint, conduct an 5investigation, and provide a proposed resolution, if 6appropriate, to the extent practicable and allowable under 7existing laws and regulations. 8 (g) The Agency may propose, and the Board may adopt, rules 9for the implementation and administration of this Section. SB1823- 166 -LRB103 25618 CPF 51967 b 1 INDEX 2 Statutes amended in order of appearance