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1		AN ACT concerning safety.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Environmental Protection Act is amended by
5		changing Section 39.5 as follows:
6		(415 ILCS 5/39.5) (from Ch. 111 1/2, par. 1039.5)
7		Sec. 39.5. Clean Air Act Permit Program.
8		1. Definitions.
9		For purposes of this Section:
10		"Administrative permit amendment" means a permit revision
11		subject to subsection 13 of this Section.
12		"Affected source for acid deposition" means a source that
13		includes one or more affected units under Title IV of the Clean
14		Air Act.
15		"Affected States" for purposes of formal distribution of a
16		draft CAAPP permit to other States for comments prior to
17		issuance, means all States:
18		(1) Whose air quality may be affected by the source
19		covered by the draft permit and that are contiguous to
20		Illinois; or
21		(2) That are within 50 miles of the source.
22		"Affected unit for acid deposition" shall have the meaning
23		given to the term "affected unit" in the regulations

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

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

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

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

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

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

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1		(3) Any pollutant that is subject to any standard
2		promulgated under Section 111 of the Clean Air Act.
3		(4) Any Class I or II substance subject to a standard
4		promulgated under or established by Title VI of the Clean
5		Air Act.
6		(5) Any pollutant subject to a standard promulgated
7		under Section 112 or other requirements established under
8		Section 112 of the Clean Air Act, including Sections
9		112(g), (j) and (r).
10		(i) Any pollutant subject to requirements under
11		Section 112(j) of the Clean Air Act. Any pollutant
12		listed under Section 112(b) for which the subject
13		source would be major shall be considered to be
14		regulated 18 months after the date on which USEPA was
15		required to promulgate an applicable standard pursuant
16		to Section 112(e) of the Clean Air Act, if USEPA fails
17		to promulgate such standard.
18		(ii) Any pollutant for which the requirements of
19		Section 112(g)(2) of the Clean Air Act have been met,
20		but only with respect to the individual source subject
21		to Section 112(g)(2) requirement.
22		(6) Greenhouse gases.
23		"Renewal" means the process by which a permit is reissued
24		at the end of its term.
25		"Responsible official" means one of the following:
26		(1) For a corporation: a president, secretary,

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

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1		elected official. For the purposes of this part, a
2		principal executive officer of a Federal agency includes
3		the chief executive officer having responsibility for the
4		overall operations of a principal geographic unit of the
5		agency (e.g., a Regional Administrator of USEPA).
6		(4) For affected sources for acid deposition:
7		(i) The designated representative shall be the
8		"responsible official" in so far as actions,
9		standards, requirements, or prohibitions under Title
10		IV of the Clean Air Act or the regulations promulgated
11		thereunder are concerned.
12		(ii) The designated representative may also be the
13		"responsible official" for any other purposes with
14		respect to air pollution control.
15		"Section 502(b)(10) changes" means changes that contravene
16		express permit terms. "Section 502(b)(10) changes" do not
17		include changes that would violate applicable requirements or
18		contravene federally enforceable permit terms or conditions
19		that are monitoring (including test methods), recordkeeping,
20		reporting, or compliance certification requirements.
21		"Solid waste incineration unit" means a distinct operating
22		unit of any facility which combusts any solid waste material
23		from commercial or industrial establishments or the general
24		public (including single and multiple residences, hotels, and
25		motels). The term does not include incinerators or other units
26		required to have a permit under Section 3005 of the Solid Waste

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1		Disposal Act. The term also does not include (A) materials
2		recovery facilities (including primary or secondary smelters)
3		which combust waste for the primary purpose of recovering
4		metals, (B) qualifying small power production facilities, as
5		defined in Section 3(17)(C) of the Federal Power Act (16 U.S.C.
6		769(17)(C)), or qualifying cogeneration facilities, as defined
7		in Section 3(18)(B) of the Federal Power Act (16 U.S.C.
8		796(18)(B)), which burn homogeneous waste (such as units which
9		burn tires or used oil, but not including refuse-derived fuel)
10		for the production of electric energy or in the case of
11		qualifying cogeneration facilities which burn homogeneous
12		waste for the production of electric energy and steam or forms
13		of useful energy (such as heat) which are used for industrial,
14		commercial, heating or cooling purposes, or (C) air curtain
15		incinerators provided that such incinerators only burn wood
16		wastes, yard waste and clean lumber and that such air curtain
17		incinerators comply with opacity limitations to be established
18		by the USEPA by rule.
19		"Source" means any stationary source (or any group of
20		stationary sources) that is located on one or more contiguous
21		or adjacent properties that are under common control of the
22		same person (or persons under common control) and that belongs
23		to a single major industrial grouping. For the purposes of
24		defining "source," a stationary source or group of stationary
25		sources shall be considered part of a single major industrial
26		grouping if all of the pollutant emitting activities at such

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1		source or group of sources located on contiguous or adjacent
2		properties and under common control belong to the same Major
3		Group (i.e., all have the same two-digit code) as described in
4		the Standard Industrial Classification Manual, 1987, or such
5		pollutant emitting activities at a stationary source (or group
6		of stationary sources) located on contiguous or adjacent
7		properties and under common control constitute a support
8		facility. The determination as to whether any group of
9		stationary sources is located on contiguous or adjacent
10		properties, and/or is under common control, and/or whether the
11		pollutant emitting activities at such group of stationary
12		sources constitute a support facility shall be made on a case
13		by case basis.
14		"Stationary source" means any building, structure,
15		facility, or installation that emits or may emit any regulated
16		air pollutant or any pollutant listed under Section 112(b) of
17		the Clean Air Act, except those emissions resulting directly
18		from an internal combustion engine for transportation purposes
19		or from a nonroad engine or nonroad vehicle as defined in
20		Section 216 of the Clean Air Act.
21		"Subject to regulation" has the meaning given to it in 40
22		CFR 70.2, as now or hereafter amended.
23		"Support facility" means any stationary source (or group of
24		stationary sources) that conveys, stores, or otherwise assists
25		to a significant extent in the production of a principal
26		product at another stationary source (or group of stationary

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

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1		existing State permit program which specifically requests
2		such exclusion through the imposition of such federally
3		enforceable conditions.
4		c. Upon such request, if the Agency determines that the
5		owner or operator of a source has met the requirements for
6		exclusion pursuant to paragraph (a) of this subsection and
7		other applicable requirements for permit issuance under
8		subsection (a) of Section 39 of this Act, the Agency shall
9		issue a State operating permit for such source under
10		subsection (a) of Section 39 of this Act, as amended, and
11		regulations promulgated thereunder with 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 of
15		this Section.
16		d. The Agency shall provide an owner or operator of a
17		source which may be excluded from the CAAPP pursuant to
18		this subsection with reasonable notice that the owner or
19		operator may seek such exclusion.
20		e. The Agency shall provide such sources with the
21		necessary permit application forms.
22		2. Applicability.
23		a. Sources subject to this Section shall include:
24		i. Any major source as defined in paragraph (c) of
25		this subsection.

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

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

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1		including the Administrator of the USEPA, to
2		repeal or withdraw the Greenhouse Gas Tailoring
3		Rule (75 Fed. Reg. 31514, June 3, 2010).
4		If any event listed in this subparagraph (vi)
5		occurs, CAAPP permits issued after such event shall not
6		impose permit terms or conditions addressing
7		greenhouse gases during the effectiveness of any event
8		listed in subparagraph (vi). If any event listed in
9		this subparagraph (vi) occurs, any owner or operator
10		with a CAAPP permit that includes terms or conditions
11		addressing greenhouse gases may elect to submit an
12		application to the Agency to address a revision or
13		repeal of such terms or conditions. If any owner or
14		operator submits such an application, the Agency shall
15		expeditiously process the permit application in
16		accordance with applicable laws and regulations.
17		Nothing in this subparagraph (vi) shall relieve an
18		owner or operator of a source from the requirement to
19		obtain a CAAPP permit for its emissions of regulated
20		air pollutants other than greenhouse gases, as
21		required by this Section.
22		c. For purposes of this Section the term "major source"
23		means any source that is:
24		i. A major source under Section 112 of the Clean
25		Air Act, which is defined as:
26		A. For pollutants other than radionuclides,

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1		any stationary source or group of stationary
2		sources located within a contiguous area and under
3		common control that emits or has the potential to
4		emit, in the aggregate, 10 tons per year (tpy) or
5		more of any hazardous air pollutant which has been
6		listed pursuant to Section 112(b) of the Clean Air
7		Act, 25 tpy or more of any combination of such
8		hazardous air pollutants, or such lesser quantity
9		as USEPA may establish by rule. Notwithstanding
10		the preceding sentence, emissions from any oil or
11		gas exploration or production well (with its
12		associated equipment) and emissions from any
13		pipeline compressor or pump station shall not be
14		aggregated with emissions from other similar
15		units, whether or not such units are in a
16		contiguous area or under common control, to
17		determine whether such stations are major sources.
18		B. For radionuclides, "major source" shall
19		have the meaning specified by the USEPA by rule.
20		ii. A major stationary source of air pollutants, as
21		defined in Section 302 of the Clean Air Act, that
22		directly emits or has the potential to emit, 100 tpy or
23		more of any air pollutant subject to regulation
24		(including any major source of fugitive emissions of
25		any such pollutant, as determined by rule by USEPA).
26		For purposes of this subsection, "fugitive emissions"

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1		means those emissions which could not reasonably pass
2		through a stack, chimney, vent, or other
3		functionally-equivalent opening. The fugitive
4		emissions of a stationary source shall not be
5		considered in determining whether it is a major
6		stationary source for the purposes of Section 302(j) of
7		the Clean Air Act, unless the source belongs to one of
8		the following categories of stationary source:
9		A. Coal cleaning plants (with thermal dryers).
10		B. Kraft pulp mills.
11		C. Portland cement plants.
12		D. Primary zinc smelters.
13		E. Iron and steel mills.
14		F. Primary aluminum ore reduction plants.
15		G. Primary copper smelters.
16		H. Municipal incinerators capable of charging
17		more than 250 tons of refuse per day.
18		I. Hydrofluoric, sulfuric, or nitric acid
19		plants.
20		J. Petroleum refineries.
21		K. Lime plants.
22		L. Phosphate rock processing plants.
23		M. Coke oven batteries.
24		N. Sulfur recovery plants.
25		O. Carbon black plants (furnace process).
26		P. Primary lead smelters.

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1		Q. Fuel conversion plants.
2		R. Sintering plants.
3		S. Secondary metal production plants.
4		T. Chemical process plants.
5		U. Fossil-fuel boilers (or combination
6		thereof) totaling more than 250 million British
7		thermal units per hour heat input.
8		V. Petroleum storage and transfer units with a
9		total storage capacity exceeding 300,000 barrels.
10		W. Taconite ore processing plants.
11		X. Glass fiber processing plants.
12		Y. Charcoal production plants.
13		Z. Fossil fuel-fired steam electric plants of
14		more than 250 million British thermal units per
15		hour heat input.
16		AA. All other stationary source categories,
17		which as of August 7, 1980 are being regulated by a
18		standard promulgated under Section 111 or 112 of
19		the Clean Air Act.
20		BB. Any other stationary source category
21		designated by USEPA by rule.
22		iii. A major stationary source as defined in part D
23		of Title I of the Clean Air Act including:
24		A. For ozone nonattainment areas, sources with
25		the potential to emit 100 tons or more per year of
26		volatile organic compounds or oxides of nitrogen

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

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1		nonattainment areas classified as "serious",
2		sources with the potential to emit 70 tons or more
3		per year of PM-10.
4		3. Agency Authority To Issue CAAPP Permits and Federally
5		Enforceable State Operating Permits.
6		a. The Agency shall issue CAAPP permits under this
7		Section consistent with the Clean Air Act and regulations
8		promulgated thereunder and this Act and regulations
9		promulgated thereunder.
10		b. The Agency shall issue CAAPP permits for fixed terms
11		of 5 years, except CAAPP permits issued for solid waste
12		incineration units combusting municipal waste which shall
13		be issued for fixed terms of 12 years and except CAAPP
14		permits for affected sources for acid deposition which
15		shall be issued for initial terms to expire on December 31,
16		1999, and for fixed terms of 5 years thereafter.
17		c. The Agency shall have the authority to issue a State
18		operating permit for a source under subsection (a) of
19		Section 39 of this Act, as amended, and regulations
20		promulgated thereunder, which includes federally
21		enforceable conditions limiting the "potential to emit" of
22		the source to a level below the major source threshold for
23		that source as described in paragraph(c) of subsection 2 of
24		this Section, thereby excluding the source from the CAAPP,
25		when requested by the applicant pursuant to paragraph(u) of

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1		subsection 5 of this Section. The public notice
2		requirements of this Section applicable to CAAPP permits
3		shall also apply to the initial issuance of permits under
4		this paragraph.
5		d. For purposes of this Act, a permit issued by USEPA
6		under Section 505 of the Clean Air Act, as now and
7		hereafter amended, shall be deemed to be a permit issued by
8		the Agency pursuant to Section 39.5 of this Act.
9		4. Transition.
10		a. An owner or operator of a CAAPP source shall not be
11		required to renew an existing State operating permit for
12		any emission unit at such CAAPP source once a CAAPP
13		application timely submitted prior to expiration of the
14		State operating permit has been deemed complete. For
15		purposes other than permit renewal, the obligation upon the
16		owner or operator of a CAAPP source to obtain a State
17		operating permit is not removed upon submittal of the
18		complete CAAPP permit application. An owner or operator of
19		a CAAPP source seeking to make a modification to a source
20		prior to the issuance of its CAAPP permit shall be required
21		to obtain a construction permit, operating permit, or both
22		as required for such modification in accordance with the
23		State permit program under subsection (a) of Section 39 of
24		this Act, as amended, and regulations promulgated
25		thereunder. The application for such construction permit,

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

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1		f. The Agency shall provide owners or operators of
2		CAAPP sources with at least 3 months advance notice of the
3		date on which their applications are required to be
4		submitted. In determining which sources shall be subject to
5		early submittal, the Agency shall include among its
6		considerations the complexity of the permit application,
7		and the burden that such early submittal will have on the
8		source.
9		g. The CAAPP permit shall upon becoming effective
10		supersede the State operating permit.
11		h. 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		5. Applications and Completeness.
16		a. An owner or operator of a CAAPP source shall submit
17		its complete CAAPP application consistent with the Act and
18		applicable regulations.
19		b. An owner or operator of a CAAPP source shall submit
20		a single complete CAAPP application covering all emission
21		units at that source.
22		c. To be deemed complete, a CAAPP application must
23		provide all information, as requested in Agency
24		application forms, sufficient to evaluate the subject
25		source and its application and to determine all applicable

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

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

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1		CAAPP application, with the following exceptions: (i)
2		permits for affected sources for acid deposition shall be
3		issued or denied within 6 months after receipt of a
4		complete application in accordance with subsection 17 of
5		this Section; (ii) the Agency shall act on initial CAAPP
6		applications within 24 months after the date of receipt of
7		the complete CAAPP application; (iii) the Agency shall act
8		on complete applications containing early reduction
9		demonstrations under Section 112(i)(5) of the Clean Air Act
10		within 9 months of receipt of the complete CAAPP
11		application.
12		Where the Agency does not take final action on the
13		permit within the required time period, the permit shall
14		not be deemed issued; rather, the failure to act shall be
15		treated as a final permit action for purposes of judicial
16		review pursuant to Sections 40.2 and 41 of this Act.
17		k. The submittal of a complete CAAPP application shall
18		not affect the requirement that any source have a
19		preconstruction permit under Title I of the Clean Air Act.
20		l. Unless a timely and complete renewal application has
21		been submitted consistent with this subsection, a CAAPP
22		source operating upon the expiration of its CAAPP permit
23		shall be deemed to be operating without a CAAPP permit.
24		Such operation is prohibited under this Act.
25		m. Permits being renewed shall be subject to the same
26		procedural requirements, including those for public

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1		participation and federal review and objection, that apply
2		to original permit issuance.
3		n. For purposes of permit renewal, a timely application
4		is one that is submitted no less than 9 months prior to the
5		date of permit expiration.
6		o. The terms and conditions of a CAAPP permit shall
7		remain in effect until the issuance of a CAAPP renewal
8		permit provided a timely and complete CAAPP application has
9		been submitted.
10		p. The owner or operator of a CAAPP source seeking a
11		permit shield pursuant to paragraph(j) of subsection 7 of
12		this Section shall request such permit shield in the CAAPP
13		application regarding that source.
14		q. The Agency shall make available to the public all
15		documents submitted by the applicant to the Agency,
16		including each CAAPP application, compliance plan
17		(including the schedule of compliance), and emissions or
18		compliance monitoring report, with the exception of
19		information entitled to confidential treatment pursuant to
20		Section 7 of this Act.
21		r. The Agency shall use the standardized forms required
22		under Title IV of the Clean Air Act and regulations
23		promulgated thereunder for affected sources for acid
24		deposition.
25		s. An owner or operator of a CAAPP source may include
26		within its CAAPP application a request for permission to

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

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

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

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

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

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

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1		the following:
2		i. Submittal of reports of any required monitoring
3		every 6 months. More frequent submittals may be
4		requested by the Agency if such submittals are
5		necessary to assure compliance with this Act or
6		regulations promulgated by the Board thereunder. All
7		instances of deviations from permit requirements must
8		be clearly identified in such reports. All required
9		reports must be certified by a responsible official
10		consistent with subsection 5 of this Section.
11		ii. Prompt reporting of deviations from permit
12		requirements, including those attributable to upset
13		conditions as defined in the permit, the probable cause
14		of such deviations, and any corrective actions or
15		preventive measures taken.
16		g. Each CAAPP permit issued under subsection 10 of this
17		Section shall include a condition prohibiting emissions
18		exceeding any allowances that the source lawfully holds
19		under Title IV of the Clean Air Act or the regulations
20		promulgated thereunder, consistent with subsection 17 of
21		this Section and applicable regulations, if any.
22		h. All CAAPP permits shall state that, where another
23		applicable requirement of the Clean Air Act is more
24		stringent than any applicable requirement of regulations
25		promulgated under Title IV of the Clean Air Act, both
26		provisions shall be incorporated into the permit and shall

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

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1		such new requirements.
2		iii. A CAAPP permit which does not expressly
3		indicate the existence of a permit shield shall not
4		provide such a shield.
5		iv. Nothing in this paragraph or in a CAAPP permit
6		shall alter or affect the following:
7		A. The provisions of Section 303 (emergency
8		powers) of the Clean Air Act, including USEPA's
9		authority under that section.
10		B. The liability of an owner or operator of a
11		source for any violation of applicable
12		requirements prior to or at the time of permit
13		issuance.
14		C. The applicable requirements of the acid
15		rain program consistent with Section 408(a) of the
16		Clean Air Act.
17		D. The ability of USEPA to obtain information
18		from a source pursuant to Section 114
19		(inspections, monitoring, and entry) of the Clean
20		Air Act.
21		k. Each CAAPP permit shall include an emergency
22		provision providing an affirmative defense of emergency to
23		an action brought for noncompliance with technology-based
24		emission limitations under a CAAPP permit if the following
25		conditions are met through properly signed,
26		contemporaneous operating logs, or other relevant

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1		evidence:
2		i. An emergency occurred and the permittee can
3		identify the cause(s) of the emergency.
4		ii. The permitted facility was at the time being
5		properly operated.
6		iii. The permittee submitted notice of the
7		emergency to the Agency within 2 working days after the
8		time when emission limitations were exceeded due to the
9		emergency. This notice must contain a detailed
10		description of the emergency, any steps taken to
11		mitigate emissions, and corrective actions taken.
12		iv. During the period of the emergency the
13		permittee took all reasonable steps to minimize levels
14		of emissions that exceeded the emission limitations,
15		standards, or requirements in the permit.
16		For purposes of this subsection, "emergency" means any
17		situation arising from sudden and reasonably unforeseeable
18		events beyond the control of the source, such as an act of
19		God, that requires immediate corrective action to restore
20		normal operation, and that causes the source to exceed a
21		technology-based emission limitation under the permit, due
22		to unavoidable increases in emissions attributable to the
23		emergency. An emergency shall not include noncompliance to
24		the extent caused by improperly designed equipment, lack of
25		preventative maintenance, careless or improper operation,
26		or operation error.

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

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

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1		difference in form as compared to the applicable
2		requirement upon which the term or condition is based.
3		o. Each CAAPP permit issued under subsection 10 of this
4		Section shall include provisions stating the following:
5		i. Duty to comply. The permittee must comply with
6		all terms and conditions of the CAAPP permit. Any
7		permit noncompliance constitutes a violation of the
8		Clean Air Act and the Act, and is grounds for any or
9		all of the following: enforcement action; permit
10		termination, revocation and reissuance, or
11		modification; or denial of a permit renewal
12		application.
13		ii. Need to halt or reduce activity not a defense.
14		It shall not be a defense for a permittee in an
15		enforcement action that it would have been necessary to
16		halt or reduce the permitted activity in order to
17		maintain compliance with the conditions of this
18		permit.
19		iii. Permit actions. The permit may be modified,
20		revoked, reopened, and reissued, or terminated for
21		cause in accordance with the applicable subsections of
22		Section 39.5 of this Act. The filing of a request by
23		the permittee for a permit modification, revocation
24		and reissuance, or termination, or of a notification of
25		planned changes or anticipated noncompliance does not
26		stay any permit condition.

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

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

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

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

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1		consistent with subsection 7 of this Section.
2		D. A requirement that all compliance
3		certifications be submitted to USEPA as well as to
4		the Agency.
5		E. Additional requirements as may be specified
6		pursuant to Sections 114(a)(3) and 504(b) of the
7		Clean Air Act.
8		F. Other provisions as the Agency may require.
9		q. If the owner or operator of CAAPP source can
10		demonstrate in its CAAPP application, including an
11		application for a significant modification, that an
12		alternative emission limit would be equivalent to that
13		contained in the applicable Board regulations, the Agency
14		shall include the alternative emission limit in the CAAPP
15		permit, which shall supersede the emission limit set forth
16		in the applicable Board regulations, and shall include
17		conditions that insure that the resulting emission limit is
18		quantifiable, accountable, enforceable, and based on
19		replicable procedures.
20		8. Public Notice; Affected State Review.
21		a. The Agency shall provide notice to the public,
22		including an opportunity for public comment and a hearing,
23		on each draft CAAPP permit for issuance, renewal or
24		significant modification, subject to Section 7.1 and
25		subsection (a) of Section 7 of this Act.
26		b. The Agency shall prepare a draft CAAPP permit and a

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

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1		protection from disclosure under Section 7.1 and
2		subsection (a) of Section 7 of this Act, the owner or
3		operator shall submit such information separately. The
4		requirements of Section 7.1 and subsection (a) of Section 7
5		of this Act shall apply to such information, which shall
6		not be included in a CAAPP permit unless required by law.
7		The contents of a CAAPP permit shall not be entitled to
8		protection under Section 7.1 and subsection (a) of Section
9		7 of this Act.
10		f. 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		g. If requested by the permit applicant, the Agency
15		shall provide the permit applicant with a copy of the draft
16		CAAPP permit prior to any public review period. If
17		requested by the permit applicant, the Agency shall provide
18		the permit applicant with a copy of the final CAAPP permit
19		prior to issuance of the CAAPP permit.
20		9. USEPA Notice and Objection.
21		a. The Agency shall provide to USEPA for its review a
22		copy of each CAAPP application (including any application
23		for permit modification), statement of basis as provided in
24		paragraph(b) of subsection 8 of this Section, proposed
25		CAAPP permit, CAAPP permit, and, if the Agency does not

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

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

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1		Agency may, upon receipt of an objection from USEPA, revise
2		and resubmit the permit to USEPA pursuant to this
3		subsection after providing a 10-day comment period in
4		accordance with paragraph c of this subsection. If the
5		Agency fails to submit a revised permit in response to the
6		objection, USEPA shall modify, terminate or revoke the
7		permit. In any case, the source will not be in violation of
8		the requirement to have submitted a timely and complete
9		application.
10		h. 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		10. Final Agency Action.
15		a. The Agency shall issue a CAAPP permit, permit
16		modification, or permit renewal if all of the following
17		conditions are met:
18		i. The applicant has submitted a complete and
19		certified application for a permit, permit
20		modification, or permit renewal consistent with
21		subsections 5 and 14 of this Section, as applicable,
22		and applicable regulations.
23		ii. The applicant has submitted with its complete
24		application an approvable compliance plan, including a
25		schedule for achieving compliance, consistent with

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

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1		modification, or permit renewal under this Section,
2		the Agency shall notify the applicant of the possible
3		denial and the reasons for the denial.
4		ii. Within such notice, the Agency shall specify an
5		appropriate date by which the applicant shall
6		adequately respond to the Agency's notice. Such date
7		shall not exceed 15 days from the date the notification
8		is received by the applicant. The Agency may grant a
9		reasonable extension for good cause shown.
10		iii. Failure by the applicant to adequately
11		respond by the date specified in the notification or by
12		any granted extension date shall be grounds for denial
13		of the permit.
14		For purposes of obtaining judicial review under
15		Sections 40.2 and 41 of this Act, the Agency shall
16		provide to USEPA and each applicant, and, upon request,
17		to affected States, any person who participated in the
18		public comment process, and any other person who could
19		obtain judicial review under Sections 40.2 and 41 of
20		this Act, a copy of each CAAPP permit or notification
21		of denial pertaining to that party.
22		d. The Agency shall have the authority to adopt
23		procedural rules, in accordance with the Illinois
24		Administrative Procedure Act, as the Agency deems
25		necessary, to implement this subsection.

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1		11. General Permits.
2		a. The Agency may issue a general permit covering
3		numerous similar sources, except for affected sources for
4		acid deposition unless otherwise provided in regulations
5		promulgated under Title IV of the Clean Air Act.
6		b. The Agency shall identify, in any general permit,
7		criteria by which sources may qualify for the general
8		permit.
9		c. CAAPP sources that would qualify for a general
10		permit must apply for coverage under the terms of the
11		general permit or must apply for a CAAPP permit consistent
12		with subsection 5 of this Section and applicable
13		regulations.
14		d. The Agency shall comply with the public comment and
15		hearing provisions of this Section as well as the USEPA and
16		affected State review procedures prior to issuance of a
17		general permit.
18		e. When granting a subsequent request by a qualifying
19		CAAPP source for coverage under the terms of a general
20		permit, the Agency shall not be required to repeat the
21		public notice and comment procedures. The granting of such
22		request shall not be considered a final permit action for
23		purposes of judicial review.
24		f. The Agency may not issue a general permit to cover
25		any discrete emission unit at a CAAPP source if another
26		CAAPP permit covers emission units at the source.

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1		g. The Agency shall have the authority to adopt
2		procedural rules, in accordance with the Illinois
3		Administrative Procedure Act, as the Agency deems
4		necessary, to implement this subsection.
5		12. Operational Flexibility.
6		a. An owner or operator of a CAAPP source may make
7		changes at the CAAPP source without requiring a prior
8		permit revision, consistent with subparagraphs (i) through
9		(iii) of paragraph (a) of this subsection, so long as the
10		changes are not modifications under any provision of Title
11		I of the Clean Air Act and they do not exceed the emissions
12		allowable under the permit (whether expressed therein as a
13		rate of emissions or in terms of total emissions), provided
14		that the owner or operator of the CAAPP source provides
15		USEPA and the Agency with written notification as required
16		below in advance of the proposed changes, which shall be a
17		minimum of 7 days, unless otherwise provided by the Agency
18		in applicable regulations regarding emergencies. The owner
19		or operator of a CAAPP source and the Agency shall each
20		attach such notice to their copy of the relevant permit.
21		i. An owner or operator of a CAAPP source may make
22		Section 502 (b) (10) changes without a permit revision,
23		if the changes are not modifications under any
24		provision of Title I of the Clean Air Act and the
25		changes do not exceed the emissions allowable under the

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

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1		requirements with which the source will comply
2		using the emissions trading provisions of the
3		applicable implementation plan, and the pollutants
4		emitted subject to the emissions trade. The notice
5		shall also refer to the provisions in the
6		applicable implementation plan with which the
7		source will comply and provide for the emissions
8		trade.
9		B. The permit shield described in paragraph(j)
10		of subsection 7 of this Section shall not apply to
11		any change made pursuant to subparagraph (ii) of
12		paragraph (a) of this subsection. Compliance with
13		the permit requirements that the source will meet
14		using the emissions trade shall be determined
15		according to the requirements of the applicable
16		implementation plan authorizing the emissions
17		trade.
18		iii. If requested within a CAAPP application, the
19		Agency shall issue a CAAPP permit which contains terms
20		and conditions, including all terms required under
21		subsection 7 of this Section to determine compliance,
22		allowing for the trading of emissions increases and
23		decreases at the CAAPP source solely for the purpose of
24		complying with a federally-enforceable emissions cap
25		that is established in the permit independent of
26		otherwise applicable requirements. The owner or

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

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1		notice to the Agency and USEPA of each such change,
2		except for changes that qualify as insignificant under
3		provisions adopted by the Agency or the Board. Such
4		written notice shall describe each such change,
5		including the date, any change in emissions,
6		pollutants emitted, and any applicable requirement
7		that would apply as a result of the change;
8		(iii) The change shall not qualify for the shield
9		described in paragraph (j) of subsection 7 of this
10		Section; and
11		(iv) The permittee shall keep a record describing
12		changes made at the source that result in emissions of
13		a regulated air pollutant subject to an applicable
14		Clean Air Act requirement, but not otherwise regulated
15		under the permit, and the emissions resulting from
16		those changes.
17		c. 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		13. Administrative Permit Amendments.
22		a. The Agency shall take final action on a request for
23		an administrative permit amendment within 60 days after
24		receipt of the request. Neither notice nor an opportunity
25		for public and affected State comment shall be required for

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1		the Agency to incorporate such revisions, provided it
2		designates the permit revisions as having been made
3		pursuant to this subsection.
4		b. The Agency shall submit a copy of the revised permit
5		to USEPA.
6		c. For purposes of this Section the term
7		"administrative permit amendment" shall be defined as a
8		permit revision that can accomplish one or more of the
9		changes described below:
10		i. Corrects typographical errors;
11		ii. Identifies a change in the name, address, or
12		phone number of any person identified in the permit, or
13		provides a similar minor administrative change at the
14		source;
15		iii. Requires more frequent monitoring or
16		reporting by the permittee;
17		iv. Allows for a change in ownership or operational
18		control of a source where the Agency determines that no
19		other change in the permit is necessary, provided that
20		a written agreement containing a specific date for
21		transfer of permit responsibility, coverage, and
22		liability between the current and new permittees has
23		been submitted to the Agency;
24		v. Incorporates into the CAAPP permit the
25		requirements from preconstruction review permits
26		authorized under a USEPA-approved program, provided

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

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1		immediately upon submittal of the request.
2		g. The Agency shall have the authority to adopt
3		procedural rules, in accordance with the Illinois
4		Administrative Procedure Act, as the Agency deems
5		necessary, to implement this subsection.
6		14. Permit Modifications.
7		a. Minor permit modification procedures.
8		i. The Agency shall review a permit modification
9		using the "minor permit" modification procedures only
10		for those permit modifications that:
11		A. Do not violate any applicable requirement;
12		B. Do not involve significant changes to
13		existing monitoring, reporting, or recordkeeping
14		requirements in the permit;
15		C. Do not require a case-by-case determination
16		of an emission limitation or other standard, or a
17		source-specific determination of ambient impacts,
18		or a visibility or increment analysis;
19		D. Do not seek to establish or change a permit
20		term or condition for which there is no
21		corresponding underlying requirement and which
22		avoids an applicable requirement to which the
23		source would otherwise be subject. Such terms and
24		conditions include:
25		1. A federally enforceable emissions cap

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

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1		requirements that will apply if the change occurs;
2		B. The source's suggested draft permit;
3		C. Certification by a responsible official,
4		consistent with paragraph(e) of subsection 5 of
5		this Section and applicable regulations, that the
6		proposed modification meets the criteria for use
7		of minor permit modification procedures and a
8		request that such procedures be used; and
9		D. Completed forms for the Agency to use to
10		notify USEPA and affected States as required under
11		subsections 8 and 9 of this Section.
12		iv. Within 5 working days after receipt of a
13		complete permit modification application, the Agency
14		shall notify USEPA and affected States of the requested
15		permit modification in accordance with subsections 8
16		and 9 of this Section. The Agency promptly shall send
17		any notice required under paragraph(d) of subsection 8
18		of this Section to USEPA.
19		v. The Agency may not issue a final permit
20		modification until after the 45-day review period for
21		USEPA or until USEPA has notified the Agency that USEPA
22		will not object to the issuance of the permit
23		modification, whichever comes first, although the
24		Agency can approve the permit modification prior to
25		that time. Within 90 days after the Agency's receipt of
26		an application under the minor permit modification

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

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

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1		source's applications for certain modifications
2		eligible for minor permit modification processing in
3		accordance with the provisions of this paragraph (b).
4		ii. Permit modifications may be processed in
5		accordance with the procedures for group processing,
6		for those modifications:
7		A. Which meet the criteria for minor permit
8		modification procedures under subparagraph(i) of
9		paragraph (a) of subsection 14 of this Section; and
10		B. That collectively are below 10 percent of
11		the emissions allowed by the permit for the
12		emissions unit for which change is requested, 20
13		percent of the applicable definition of major
14		source set forth in subsection 2 of this Section,
15		or 5 tons per year, whichever is least.
16		iii. An applicant requesting the use of group
17		processing procedures shall meet the requirements of
18		subsection 5 of this Section and shall include the
19		following in its application:
20		A. A description of the change, the emissions
21		resulting from the change, and any new applicable
22		requirements that will apply if the change occurs.
23		B. The source's suggested draft permit.
24		C. Certification by a responsible official
25		consistent with paragraph (e) of subsection 5 of
26		this Section, that the proposed modification meets

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

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1		subsections 8 and 9 of this Section. The Agency shall
2		send any notice required under paragraph(d) of
3		subsection 8 of this Section to USEPA.
4		v. The provisions of subparagraph(v) of paragraph
5		(a) of this subsection shall apply to modifications
6		eligible for group processing, except that the Agency
7		shall take one of the actions specified in items(A)
8		through (D) of subparagraph (v) of paragraph (a) of
9		this subsection within 180 days after receipt of the
10		application or 15 days after the end of USEPA's 45-day
11		review period under subsection 9 of this Section,
12		whichever is later.
13		vi. The provisions of subparagraph(vi) of
14		paragraph (a) of this subsection shall apply to
15		modifications for group processing.
16		vii. The provisions of paragraph(j) of subsection
17		7 of this Section shall not apply to modifications
18		eligible for group processing.
19		c. Significant Permit Modifications.
20		i. Significant modification procedures shall be
21		used for applications requesting significant permit
22		modifications and for those applications that do not
23		qualify as either minor permit modifications or as
24		administrative permit amendments.
25		ii. Every significant change in existing
26		monitoring permit terms or conditions and every

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1		relaxation of reporting or recordkeeping requirements
2		shall be considered significant. A modification shall
3		also be considered significant if in the judgment of
4		the Agency action on an application for modification
5		would require decisions to be made on technically
6		complex issues. Nothing herein shall be construed to
7		preclude the permittee from making changes consistent
8		with this Section that would render existing permit
9		compliance terms and conditions irrelevant.
10		iii. Significant permit modifications must meet
11		all the requirements of this Section, including those
12		for applications (including completeness review),
13		public participation, review by affected States, and
14		review by USEPA applicable to initial permit issuance
15		and permit renewal. The Agency shall take final action
16		on significant permit modifications within 9 months
17		after receipt of a complete application.
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		15. Reopenings for Cause by the Agency.
23		a. Each issued CAAPP permit shall include provisions
24		specifying the conditions under which the permit will be
25		reopened prior to the expiration of the permit. Such

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

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

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1		necessary, to implement this subsection.
2		16. Reopenings for Cause by USEPA.
3		a. When USEPA finds that cause exists to terminate,
4		modify, or revoke and reissue a CAAPP permit pursuant to
5		subsection 15 of this Section, and thereafter notifies the
6		Agency and the permittee of such finding in writing, the
7		Agency shall forward to USEPA and the permittee a proposed
8		determination of termination, modification, or revocation
9		and reissuance as appropriate, in accordance with
10		paragraph (b) of this subsection. The Agency's proposed
11		determination shall be in accordance with the record, the
12		Clean Air Act, regulations promulgated thereunder, this
13		Act and regulations promulgated thereunder. Such proposed
14		determination shall not affect the permit or constitute a
15		final permit action for purposes of this Act or the
16		Administrative Review Law. The Agency shall forward to
17		USEPA such proposed determination within 90 days after
18		receipt of the notification from USEPA. If additional time
19		is necessary to submit the proposed determination, the
20		Agency shall request a 90-day extension from USEPA and
21		shall submit the proposed determination within 180 days
22		after receipt of notification from USEPA.
23		b. i. Prior to the Agency's submittal to USEPA of a
24		proposed determination to terminate or revoke and
25		reissue the permit, the Agency shall file a petition

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

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

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1		d. If the Agency fails to submit the proposed
2		determination pursuant to paragraph a of this subsection or
3		fails to resolve any USEPA objection pursuant to paragraph
4		c of this subsection, USEPA will terminate, modify, or
5		revoke and reissue the permit.
6		e. 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		17. Title IV; Acid Rain Provisions.
11		a. The Agency shall act on initial CAAPP applications
12		for affected sources for acid deposition in accordance with
13		this Section and Title V of the Clean Air Act and
14		regulations promulgated thereunder, except as modified by
15		Title IV of the Clean Air Act and regulations promulgated
16		thereunder. The Agency shall issue initial CAAPP permits to
17		the affected sources for acid deposition which shall become
18		effective no earlier than January 1, 1995, and which shall
19		terminate on December 31, 1999, in accordance with this
20		Section. Subsequent CAAPP permits issued to affected
21		sources for acid deposition shall be issued for a fixed
22		term of 5 years. Title IV of the Clean Air Act and
23		regulations promulgated thereunder, including but not
24		limited to 40 C.F.R. Part 72, as now or hereafter amended,
25		are applicable to and enforceable under this Act.

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1		b. A designated representative of an affected source
2		for acid deposition shall submit a timely and complete
3		Phase II acid rain permit application and compliance plan
4		to the Agency, not later than January 1, 1996, that meets
5		the requirements of Titles IV and V of the Clean Air Act
6		and regulations. The Agency shall act on the Phase II acid
7		rain permit application and compliance plan in accordance
8		with this Section and Title V of the Clean Air Act and
9		regulations promulgated thereunder, except as modified by
10		Title IV of the Clean Air Act and regulations promulgated
11		thereunder. The Agency shall issue the Phase II acid rain
12		permit to an affected source for acid deposition no later
13		than December 31, 1997, which shall become effective on
14		January 1, 2000, in accordance with this Section, except as
15		modified by Title IV and regulations promulgated
16		thereunder; provided that the designated representative of
17		the source submitted a timely and complete Phase II permit
18		application and compliance plan to the Agency that meets
19		the requirements of Title IV and V of the Clean Air Act and
20		regulations.
21		c. Each Phase II acid rain permit issued in accordance
22		with this subsection shall have a fixed term of 5 years.
23		Except as provided in paragraph b above, the Agency shall
24		issue or deny a Phase II acid rain permit within 18 months
25		of receiving a complete Phase II permit application and
26		compliance plan.

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1		d. A designated representative of a new unit, as
2		defined in Section 402 of the Clean Air Act, shall submit a
3		timely and complete Phase II acid rain permit application
4		and compliance plan that meets the requirements of Titles
5		IV and V of the Clean Air Act and its regulations. The
6		Agency shall act on the new unit's Phase II acid rain
7		permit application and compliance plan in accordance with
8		this Section and Title V of the Clean Air Act and its
9		regulations, except as modified by Title IV of the Clean
10		Air Act and its regulations. The Agency shall reopen the
11		new unit's CAAPP permit for cause to incorporate the
12		approved Phase II acid rain permit in accordance with this
13		Section. The Phase II acid rain permit for the new unit
14		shall become effective no later than the date required
15		under Title IV of the Clean Air Act and its regulations.
16		e. A designated representative of an affected source
17		for acid deposition shall submit a timely and complete
18		Title IV NOx permit application to the Agency, not later
19		than January 1, 1998, that meets the requirements of Titles
20		IV and V of the Clean Air Act and its regulations. The
21		Agency shall reopen the Phase II acid rain permit for cause
22		and incorporate the approved NOx provisions into the Phase
23		II acid rain permit not later than January 1, 1999, in
24		accordance with this Section, except as modified by Title
25		IV of the Clean Air Act and regulations promulgated
26		thereunder. Such reopening shall not affect the term of the

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

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

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1		any terms or conditions of a Phase II acid rain permit
2		issued under this subsection, to operate any affected
3		source for acid deposition except in compliance with a
4		Phase II acid rain permit issued by the Agency under this
5		subsection, or to violate any other applicable
6		requirements.
7		m. The designated representative of an affected source
8		for acid deposition shall submit to the Agency the data and
9		information submitted quarterly to USEPA, pursuant to 40
10		CFR 75.64, concurrently with the submission to USEPA. The
11		submission shall be in the same electronic format as
12		specified by USEPA.
13		n. The Agency shall act on any petition for exemption
14		of a new unit or retired unit, as those terms are defined
15		in Section 402 of the Clean Air Act, from the requirements
16		of the acid rain program in accordance with Title IV of the
17		Clean Air Act and its regulations.
18		o. 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		18. Fee Provisions.
23		a. A source subject to this Section or excluded under
24		subsection 1.1 or paragraph (c) of subsection 3 of this
25		Section, shall pay a fee as provided in this paragraph (a)

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1		of subsection 18. However, a source that has been excluded
2		from the provisions of this Section under subsection 1.1 or
3		under paragraph (c) of subsection 3 of this Section because
4		the source emits less than 25 tons per year of any
5		combination of regulated air pollutants, except greenhouse
6		gases, shall pay fees in accordance with paragraph (1) of
7		subsection (b) of Section 9.6.
8		i. The fee for a source allowed to emit less than
9		100 tons per year of any combination of regulated air
10		pollutants, except greenhouse gases, shall be $1,800
11		per year, and that fee shall increase, beginning
12		January 1, 2012, to $2,150 per year.
13		ii. The fee for a source allowed to emit 100 tons
14		or more per year of any combination of regulated air
15		pollutants, except greenhouse gases and those
16		regulated air pollutants excluded in paragraph(f) of
17		this subsection 18, shall be as follows:
18		A. The Agency shall assess a fee of $18 per
19		ton, per year for the allowable emissions of
20		regulated air pollutants subject to this
21		subparagraph (ii) of paragraph (a) of subsection
22		18, and that fee shall increase, beginning January
23		1, 2012, to $21.50 per ton, per year. These fees
24		shall be used by the Agency and the Board to fund
25		the activities required by Title V of the Clean Air
26		Act including such activities as may be carried out

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1		by other State or local agencies pursuant to
2		paragraph (d) of this subsection. The amount of
3		such fee shall be based on the information supplied
4		by the applicant in its complete CAAPP permit
5		application or in the CAAPP permit if the permit
6		has been granted and shall be determined by the
7		amount of emissions that the source is allowed to
8		emit annually, provided however, that the maximum
9		fee for a CAAPP permit under this subparagraph (ii)
10		of paragraph (a) of subsection 18 is $250,000, and
11		increases, beginning January 1, 2012, to $294,000.
12		Beginning January 1, 2012, the maximum fee under
13		this subparagraph (ii) of paragraph (a) of
14		subsection 18 for a source that has been excluded
15		under subsection 1.1 of this Section or under
16		paragraph (c) of subsection 3 of this Section is
17		$4,112. The Agency shall provide as part of the
18		permit application form required under subsection
19		5 of this Section a separate fee calculation form
20		which will allow the applicant to identify the
21		allowable emissions and calculate the fee. In no
22		event shall the Agency raise the amount of
23		allowable emissions requested by the applicant
24		unless such increases are required to demonstrate
25		compliance with terms of a CAAPP permit.
26		Notwithstanding the above, any applicant may

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1		seek a change in its permit which would result in
2		increases in allowable emissions due to an
3		increase in the hours of operation or production
4		rates of an emission unit or units and such a
5		change shall be consistent with the construction
6		permit requirements of the existing State permit
7		program, under subsection (a) of Section 39 of this
8		Act and applicable provisions of this Section.
9		Where a construction permit is required, the
10		Agency shall expeditiously grant such construction
11		permit and shall, if necessary, modify the CAAPP
12		permit based on the same application.
13		B. The applicant or permittee may pay the fee
14		annually or semiannually for those fees greater
15		than $5,000. However, any applicant paying a fee
16		equal to or greater than $100,000 shall pay the
17		full amount on July 1, for the subsequent fiscal
18		year, or pay 50% of the fee on July 1 and the
19		remaining 50% by the next January 1. The Agency may
20		change any annual billing date upon reasonable
21		notice, but shall prorate the new bill so that the
22		permittee or applicant does not pay more than its
23		required fees for the fee period for which payment
24		is made.
25		b. (Blank).
26		c. (Blank).

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1		d. There is hereby created in the State Treasury a
2		special fund to be known as the "CAA Permit Fund". All
3		Funds collected by the Agency pursuant to this subsection
4		shall be deposited into the Fund. The General Assembly
5		shall appropriate monies from this Fund to the Agency and
6		to the Board to carry out their obligations under this
7		Section. The General Assembly may also authorize monies to
8		be granted by the Agency from this Fund to other State and
9		local agencies which perform duties related to the CAAPP.
10		Interest generated on the monies deposited in this Fund
11		shall be returned to the Fund.
12		e. The Agency shall have the authority to adopt
13		procedural rules, in accordance with the Illinois
14		Administrative Procedure Act, as the Agency deems
15		necessary to implement this subsection.
16		f. For purposes of this subsection, the term "regulated
17		air pollutant" shall have the meaning given to it under
18		subsection 1 of this Section but shall exclude the
19		following:
20		i. carbon monoxide;
21		ii. any Class I or II substance which is a
22		regulated air pollutant solely because it is listed
23		pursuant to Section 602 of the Clean Air Act; and
24		iii. any pollutant that is a regulated air
25		pollutant solely because it is subject to a standard or
26		regulation under Section 112(r) of the Clean Air Act

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1		based on the emissions allowed in the permit effective
2		in that calendar year, at the time the applicable bill
3		is generated.
4		19. Air Toxics Provisions.
5		a. In the event that the USEPA fails to promulgate in a
6		timely manner a standard pursuant to Section 112(d) of the
7		Clean Air Act, the Agency shall have the authority to issue
8		permits, pursuant to Section 112(j) of the Clean Air Act
9		and regulations promulgated thereunder, which contain
10		emission limitations which are equivalent to the emission
11		limitations that would apply to a source if an emission
12		standard had been promulgated in a timely manner by USEPA
13		pursuant to Section 112(d). Provided, however, that the
14		owner or operator of a source shall have the opportunity to
15		submit to the Agency a proposed emission limitation which
16		it determines to be equivalent to the emission limitations
17		that would apply to such source if an emission standard had
18		been promulgated in a timely manner by USEPA. If the Agency
19		refuses to include the emission limitation proposed by the
20		owner or operator in a CAAPP permit, the owner or operator
21		may petition the Board to establish whether the emission
22		limitation proposal submitted by the owner or operator
23		provides for emission limitations which are equivalent to
24		the emission limitations that would apply to the source if
25		the emission standard had been promulgated by USEPA in a

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1		timely manner. The Board shall determine whether the
2		emission limitation proposed by the owner or operator or an
3		alternative emission limitation proposed by the Agency
4		provides for the level of control required under Section
5		112 of the Clean Air Act, or shall otherwise establish an
6		appropriate emission limitation, pursuant to Section 112
7		of the Clean Air Act.
8		b. Any Board proceeding brought under paragraph (a) or
9		(e) of this subsection shall be conducted according to the
10		Board's procedures for adjudicatory hearings and the Board
11		shall render its decision within 120 days of the filing of
12		the petition. Any such decision shall be subject to review
13		pursuant to Section 41 of this Act. Where USEPA promulgates
14		an applicable emission standard prior to the issuance of
15		the CAAPP permit, the Agency shall include in the permit
16		the promulgated standard, provided that the source shall
17		have the compliance period provided under Section 112(i) of
18		the Clean Air Act. Where USEPA promulgates an applicable
19		standard subsequent to the issuance of the CAAPP permit,
20		the Agency shall revise such permit upon the next renewal
21		to reflect the promulgated standard, providing a
22		reasonable time for the applicable source to comply with
23		the standard, but no longer than 8 years after the date on
24		which the source is first required to comply with the
25		emissions limitation established under this subsection.
26		c. The Agency shall have the authority to implement and

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1		enforce complete or partial emission standards promulgated
2		by USEPA pursuant to Section 112(d), and standards
3		promulgated by USEPA pursuant to Sections 112(f), 112(h),
4		112(m), and 112(n), and may accept delegation of authority
5		from USEPA to implement and enforce Section 112(l) and
6		requirements for the prevention and detection of
7		accidental releases pursuant to Section 112(r) of the Clean
8		Air Act.
9		d. The Agency shall have the authority to issue permits
10		pursuant to Section 112(i)(5) of the Clean Air Act.
11		e. The Agency has the authority to implement Section
12		112(g) of the Clean Air Act consistent with the Clean Air
13		Act and federal regulations promulgated thereunder. If the
14		Agency refuses to include the emission limitations
15		proposed in an application submitted by an owner or
16		operator for a case-by-case maximum achievable control
17		technology (MACT) determination, the owner or operator may
18		petition the Board to determine whether the emission
19		limitation proposed by the owner or operator or an
20		alternative emission limitation proposed by the Agency
21		provides for a level of control required by Section 112 of
22		the Clean Air Act, or to otherwise establish an appropriate
23		emission limitation under Section 112 of the Clean Air Act.
24		20. Small Business.
25		a. For purposes of this subsection:

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1		"Program" is the Small Business Stationary Source
2		Technical and Environmental Compliance Assistance Program
3		created within this State pursuant to Section 507 of the
4		Clean Air Act and guidance promulgated thereunder, to
5		provide technical assistance and compliance information to
6		small business stationary sources;
7		"Small Business Assistance Program" is a component of
8		the Program responsible for providing sufficient
9		communications with small businesses through the
10		collection and dissemination of information to small
11		business stationary sources; and
12		"Small Business Stationary Source" means a stationary
13		source that:
14		1. is owned or operated by a person that employs
15		100 or fewer individuals;
16		2. is a small business concern as defined in the
17		"Small Business Act";
18		3. is not a major source as that term is defined in
19		subsection 2 of this Section;
20		4. does not emit 50 tons or more per year of any
21		regulated air pollutant, except greenhouse gases; and
22		5. emits less than 75 tons per year of all
23		regulated pollutants, except greenhouse gases.
24		b. The Agency shall adopt and submit to USEPA, after
25		reasonable notice and opportunity for public comment, as a
26		revision to the Illinois state implementation plan, plans

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

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

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1		and include conditions assuring compliance with all
2		applicable requirements at all authorized locations and
3		requirements that the owner or operator notify the Agency
4		at least 10 days in advance of each change in location.
5		22. Solid Waste Incineration Units.
6		a. A CAAPP permit for a solid waste incineration unit
7		combusting municipal waste subject to standards
8		promulgated under Section 129(e) of the Clean Air Act shall
9		be issued for a period of 12 years and shall be reviewed
10		every 5 years, unless the Agency requires more frequent
11		review through Agency procedures.
12		b. During the review in paragraph (a) of this
13		subsection, the Agency shall fully review the previously
14		submitted CAAPP permit application and corresponding
15		reports subsequently submitted to determine whether the
16		source is in compliance with all applicable requirements.
17		c. If the Agency determines that the source is not in
18		compliance with all applicable requirements it shall
19		revise the CAAPP permit as appropriate.
20		d. The Agency shall have the authority to adopt
21		procedural rules, in accordance with the Illinois
22		Administrative Procedure Act, as the Agency deems
23		necessary, to implement this subsection.
24		(Source: P.A. 97-95, eff. 7-12-11.)
25		Section 99. Effective date. This Act takes effect upon

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