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1 | AN ACT concerning safety.
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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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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. "Stationary source" does not include a | ||||||
18 | building, structure, facility, or installation causing | ||||||
19 | emissions resulting directly from internal combustion engines | ||||||
20 | for transportation purposes or from a nonroad engine or a | ||||||
21 | nonroad vehicle as defined in Section 216 of the Clean Air Act.
| ||||||
22 | "Subject to regulation" has the meaning given to it in 40 | ||||||
23 | CFR 70.2, as now or hereafter amended. | ||||||
24 | "Support facility" means any stationary source (or group of | ||||||
25 | stationary
sources) that conveys, stores, or otherwise assists | ||||||
26 | to a significant extent in
the production of a principal |
| |||||||
| |||||||
1 | product at another stationary source (or group of
stationary | ||||||
2 | sources). A support facility shall be considered to be part of | ||||||
3 | the
same source as the stationary source (or group of | ||||||
4 | stationary sources) that it
supports regardless of the 2-digit | ||||||
5 | Standard Industrial Classification code for
the support | ||||||
6 | facility.
| ||||||
7 | "USEPA" means the Administrator of the United States | ||||||
8 | Environmental Protection
Agency (USEPA) or a person designated | ||||||
9 | by the Administrator.
| ||||||
10 | 1.1. Exclusion From the CAAPP.
| ||||||
11 | a. An owner or operator of a source which determines | ||||||
12 | that the source could
be excluded from the CAAPP may seek | ||||||
13 | such exclusion prior to the date that the
CAAPP application | ||||||
14 | for the source is due but in no case later than 9 months
| ||||||
15 | after the effective date of the CAAPP through the | ||||||
16 | imposition of federally
enforceable conditions limiting | ||||||
17 | the "potential to emit" of the source to a
level below the | ||||||
18 | major source threshold for that source as described in
| ||||||
19 | paragraph(c) of subsection 2 of this Section, within a | ||||||
20 | State operating permit issued pursuant
to subsection (a) of | ||||||
21 | Section 39 of this Act. After such date, an exclusion from | ||||||
22 | the CAAPP may
be sought under paragraph(c) of subsection 3 | ||||||
23 | of this Section.
| ||||||
24 | b. An owner or operator of a source seeking exclusion | ||||||
25 | from the CAAPP
pursuant to paragraph (a) of this subsection |
| |||||||
| |||||||
1 | must submit a permit application
consistent with the | ||||||
2 | existing State permit program which specifically requests
| ||||||
3 | such exclusion through the imposition of such federally | ||||||
4 | enforceable conditions.
| ||||||
5 | c. Upon such request, if the Agency determines that the | ||||||
6 | owner or operator
of a source has met the requirements for | ||||||
7 | exclusion pursuant to paragraph (a) of
this subsection and | ||||||
8 | other applicable requirements for permit issuance under | ||||||
9 | subsection (a) of
Section 39 of this Act, the Agency shall | ||||||
10 | issue a State operating permit for
such source under | ||||||
11 | subsection (a) of Section 39 of this Act, as amended, and | ||||||
12 | regulations
promulgated thereunder with federally | ||||||
13 | enforceable conditions limiting the
"potential to emit" of | ||||||
14 | the source to a level below the major source threshold
for | ||||||
15 | that source as described in paragraph(c) of subsection 2 of | ||||||
16 | this Section.
| ||||||
17 | d. The Agency shall provide an owner or operator of a | ||||||
18 | source which may be
excluded from the CAAPP pursuant to | ||||||
19 | this subsection with reasonable notice that
the owner or | ||||||
20 | operator may seek such exclusion.
| ||||||
21 | e. The Agency shall provide such sources with the | ||||||
22 | necessary permit
application forms.
| ||||||
23 | 2. Applicability.
| ||||||
24 | a. Sources subject to this Section shall include:
| ||||||
25 | i. Any major source as defined in paragraph (c) of |
| |||||||
| |||||||
1 | this subsection.
| ||||||
2 | ii. Any source subject to a standard or other | ||||||
3 | requirements promulgated
under Section 111 (New Source | ||||||
4 | Performance Standards) or Section 112 (Hazardous
Air | ||||||
5 | Pollutants) of the Clean Air Act, except that a source | ||||||
6 | is not required to
obtain a permit solely because it is | ||||||
7 | subject to regulations or requirements
under Section | ||||||
8 | 112(r) of the Clean Air Act.
| ||||||
9 | iii. Any affected source for acid deposition, as | ||||||
10 | defined in subsection 1
of this Section.
| ||||||
11 | iv. Any other source subject to this Section under | ||||||
12 | the Clean Air Act or
regulations promulgated | ||||||
13 | thereunder, or applicable Board regulations.
| ||||||
14 | b. Sources exempted from this Section shall include:
| ||||||
15 | i. All sources listed in paragraph (a) of this | ||||||
16 | subsection that are not
major sources, affected | ||||||
17 | sources for acid deposition or solid waste | ||||||
18 | incineration
units required to obtain a permit | ||||||
19 | pursuant to Section 129(e) of the Clean Air
Act, until | ||||||
20 | the source is required to obtain a CAAPP permit | ||||||
21 | pursuant to the
Clean Air Act or regulations | ||||||
22 | promulgated thereunder.
| ||||||
23 | ii. Nonmajor sources subject to a standard or other | ||||||
24 | requirements
subsequently promulgated by USEPA under | ||||||
25 | Section 111 or 112 of the Clean Air Act that
are | ||||||
26 | determined by USEPA to be exempt at the time a new |
| |||||||
| |||||||
1 | standard is
promulgated.
| ||||||
2 | iii. All sources and source categories that would | ||||||
3 | be required to obtain
a permit solely because they are | ||||||
4 | subject to Part 60, Subpart AAA - Standards of
| ||||||
5 | Performance for New Residential Wood Heaters (40 CFR | ||||||
6 | Part 60).
| ||||||
7 | iv. All sources and source categories that would be | ||||||
8 | required to obtain a
permit solely because they are | ||||||
9 | subject to Part 61, Subpart M - National
Emission | ||||||
10 | Standard for Hazardous Air Pollutants for Asbestos, | ||||||
11 | Section 61.145 (40
CFR Part 61).
| ||||||
12 | v. Any other source categories exempted by USEPA | ||||||
13 | regulations pursuant to
Section 502(a) of the Clean Air | ||||||
14 | Act.
| ||||||
15 | vi. Major sources of greenhouse gas emissions | ||||||
16 | required to obtain a CAAPP permit under this Section if | ||||||
17 | any of the following occurs:
| ||||||
18 | (A) enactment of federal legislation depriving | ||||||
19 | the Administrator of the USEPA of authority to | ||||||
20 | regulate greenhouse gases under the Clean Air Act; | ||||||
21 | (B) the issuance of any opinion, ruling, | ||||||
22 | judgment, order, or decree by a federal court | ||||||
23 | depriving the Administrator of the USEPA of | ||||||
24 | authority to regulate greenhouse gases under the | ||||||
25 | Clean Air Act; or | ||||||
26 | (C) action by the President of the United |
| |||||||
| |||||||
1 | States or the President's authorized agent, | ||||||
2 | including the Administrator of the USEPA, to | ||||||
3 | repeal or withdraw the Greenhouse Gas Tailoring | ||||||
4 | Rule (75 Fed. Reg. 31514, June 3, 2010). | ||||||
5 | If any event listed in this subparagraph (vi) | ||||||
6 | occurs, CAAPP permits issued after such event shall not | ||||||
7 | impose permit terms or conditions addressing | ||||||
8 | greenhouse gases during the effectiveness of any event | ||||||
9 | listed in subparagraph (vi). If any event listed in | ||||||
10 | this subparagraph (vi) occurs, any owner or operator | ||||||
11 | with a CAAPP permit that includes terms or conditions | ||||||
12 | addressing greenhouse gases may elect to submit an | ||||||
13 | application to the Agency to address a revision or | ||||||
14 | repeal of such terms or conditions. If any owner or | ||||||
15 | operator submits such an application, the Agency shall | ||||||
16 | expeditiously process the permit application in | ||||||
17 | accordance with applicable laws and regulations. | ||||||
18 | Nothing in this subparagraph (vi) shall relieve an | ||||||
19 | owner or operator of a source from the requirement to | ||||||
20 | obtain a CAAPP permit for its emissions of regulated | ||||||
21 | air pollutants other than greenhouse gases, as | ||||||
22 | required by this Section.
| ||||||
23 | c. For purposes of this Section the term "major source" | ||||||
24 | means any source
that is:
| ||||||
25 | i. A major source under Section 112 of the Clean | ||||||
26 | Air Act, which is
defined as:
|
| |||||||
| |||||||
1 | A. For pollutants other than radionuclides, | ||||||
2 | any stationary source
or group of stationary | ||||||
3 | sources located within a contiguous area and under
| ||||||
4 | common control that emits or has the potential to | ||||||
5 | emit, in the aggregate, 10
tons per year (tpy) or | ||||||
6 | more of any hazardous air pollutant which has been
| ||||||
7 | listed pursuant to Section 112(b) of the Clean Air | ||||||
8 | Act, 25 tpy or more of any
combination of such | ||||||
9 | hazardous air pollutants, or such lesser quantity | ||||||
10 | as USEPA
may establish by rule. Notwithstanding | ||||||
11 | the preceding sentence, emissions from
any oil or | ||||||
12 | gas exploration or production well (with its | ||||||
13 | associated equipment)
and emissions from any | ||||||
14 | pipeline compressor or pump station shall not be
| ||||||
15 | aggregated with emissions from other similar | ||||||
16 | units, whether or not such units
are in a | ||||||
17 | contiguous area or under common control, to | ||||||
18 | determine whether such
stations are major sources.
| ||||||
19 | B. For radionuclides, "major source" shall | ||||||
20 | have the meaning specified
by the USEPA by rule.
| ||||||
21 | ii. A major stationary source of air pollutants, as | ||||||
22 | defined in Section
302 of the Clean Air Act, that | ||||||
23 | directly emits or has the potential to emit, 100
tpy or | ||||||
24 | more of any air pollutant subject to regulation | ||||||
25 | (including any major source of fugitive
emissions of | ||||||
26 | any such pollutant, as determined by rule by USEPA). |
| |||||||
| |||||||
1 | For purposes
of this subsection, "fugitive emissions" | ||||||
2 | means those emissions which could not
reasonably pass | ||||||
3 | through a stack, chimney, vent, or other
| ||||||
4 | functionally-equivalent opening. The fugitive | ||||||
5 | emissions of a stationary source
shall not be | ||||||
6 | considered in determining whether it is a major | ||||||
7 | stationary source
for the purposes of Section 302(j) of | ||||||
8 | the Clean Air Act, unless the source
belongs to one of | ||||||
9 | the following categories of stationary source:
| ||||||
10 | A. Coal cleaning plants (with thermal dryers).
| ||||||
11 | B. Kraft pulp mills.
| ||||||
12 | C. Portland cement plants.
| ||||||
13 | D. Primary zinc smelters.
| ||||||
14 | E. Iron and steel mills.
| ||||||
15 | F. Primary aluminum ore reduction plants.
| ||||||
16 | G. Primary copper smelters.
| ||||||
17 | H. Municipal incinerators capable of charging | ||||||
18 | more than 250 tons of
refuse per day.
| ||||||
19 | I. Hydrofluoric, sulfuric, or nitric acid | ||||||
20 | plants.
| ||||||
21 | J. Petroleum refineries.
| ||||||
22 | K. Lime plants.
| ||||||
23 | L. Phosphate rock processing plants.
| ||||||
24 | M. Coke oven batteries.
| ||||||
25 | N. Sulfur recovery plants.
| ||||||
26 | O. Carbon black plants (furnace
process).
|
| |||||||
| |||||||
1 | P. Primary lead smelters.
| ||||||
2 | Q. Fuel conversion plants.
| ||||||
3 | R. Sintering plants.
| ||||||
4 | S. Secondary metal production plants.
| ||||||
5 | T. Chemical process plants.
| ||||||
6 | U. Fossil-fuel boilers (or combination | ||||||
7 | thereof) totaling more than 250
million British | ||||||
8 | thermal units per hour heat input.
| ||||||
9 | V. Petroleum storage and transfer units with a | ||||||
10 | total storage capacity
exceeding 300,000 barrels.
| ||||||
11 | W. Taconite ore processing plants.
| ||||||
12 | X. Glass fiber processing plants.
| ||||||
13 | Y. Charcoal production plants.
| ||||||
14 | Z. Fossil fuel-fired steam electric plants of | ||||||
15 | more than 250 million
British thermal units per | ||||||
16 | hour heat input.
| ||||||
17 | AA. All other stationary source categories, | ||||||
18 | which as of August 7, 1980 are being regulated by a | ||||||
19 | standard
promulgated under Section 111 or 112 of | ||||||
20 | the Clean Air Act.
| ||||||
21 | BB. Any other stationary source category | ||||||
22 | designated by USEPA by rule.
| ||||||
23 | iii. A major stationary source as defined in part D | ||||||
24 | of Title I of the
Clean Air Act including:
| ||||||
25 | A. For ozone nonattainment areas, sources with | ||||||
26 | the potential to emit
100 tons or more per year of |
| |||||||
| |||||||
1 | volatile organic compounds or oxides of nitrogen
| ||||||
2 | in areas classified as "marginal" or "moderate", | ||||||
3 | 50 tons or more per year in
areas classified as | ||||||
4 | "serious", 25 tons or more per year in areas | ||||||
5 | classified as
"severe", and 10 tons or more per | ||||||
6 | year in areas classified as "extreme"; except
that | ||||||
7 | the references in this clause to 100, 50, 25, and | ||||||
8 | 10 tons per year of
nitrogen oxides shall not apply | ||||||
9 | with respect to any source for which USEPA has
made | ||||||
10 | a finding, under Section 182(f)(1) or (2) of the | ||||||
11 | Clean Air Act, that
requirements otherwise | ||||||
12 | applicable to such source under Section 182(f) of | ||||||
13 | the
Clean Air Act do not apply. Such sources shall | ||||||
14 | remain subject to the major
source criteria of | ||||||
15 | subparagraph (ii) of paragraph(c) of this | ||||||
16 | subsection.
| ||||||
17 | B. For ozone transport regions established | ||||||
18 | pursuant to Section 184 of
the Clean Air Act, | ||||||
19 | sources with the potential to emit 50 tons or more | ||||||
20 | per year
of volatile organic compounds (VOCs).
| ||||||
21 | C. For carbon monoxide nonattainment areas (1) | ||||||
22 | that are classified as
"serious", and (2) in which | ||||||
23 | stationary sources contribute significantly to
| ||||||
24 | carbon monoxide levels as determined under rules | ||||||
25 | issued by USEPA, sources with
the potential to emit | ||||||
26 | 50 tons or more per year of carbon monoxide.
|
| |||||||
| |||||||
1 | D. For particulate matter (PM-10) | ||||||
2 | nonattainment areas classified as
"serious", | ||||||
3 | sources with the potential to emit 70 tons or more | ||||||
4 | per year of
PM-10.
| ||||||
5 | 3. Agency Authority To Issue CAAPP Permits and Federally | ||||||
6 | Enforceable State
Operating Permits.
| ||||||
7 | a. The Agency shall issue CAAPP permits under this | ||||||
8 | Section consistent with
the Clean Air Act and regulations | ||||||
9 | promulgated thereunder and this Act and
regulations | ||||||
10 | promulgated thereunder.
| ||||||
11 | b. The Agency shall issue CAAPP permits for fixed terms | ||||||
12 | of 5 years, except
CAAPP permits issued for solid waste | ||||||
13 | incineration units combusting municipal
waste which shall | ||||||
14 | be issued for fixed terms of 12 years and except CAAPP
| ||||||
15 | permits for affected sources for acid deposition which | ||||||
16 | shall be issued for
initial terms to expire on December 31, | ||||||
17 | 1999, and for fixed terms of 5 years
thereafter.
| ||||||
18 | c. The Agency shall have the authority to issue a State | ||||||
19 | operating permit
for a source under subsection (a) of | ||||||
20 | Section 39 of this Act, as amended, and regulations
| ||||||
21 | promulgated thereunder, which includes federally | ||||||
22 | enforceable conditions
limiting the "potential to emit" of | ||||||
23 | the source to a level below the major
source threshold for | ||||||
24 | that source as described in paragraph(c) of subsection 2 of | ||||||
25 | this
Section, thereby excluding the source from the CAAPP, |
| |||||||
| |||||||
1 | when requested by the
applicant pursuant to paragraph(u) of | ||||||
2 | subsection 5 of this Section. The public notice
| ||||||
3 | requirements of this Section applicable to CAAPP permits | ||||||
4 | shall also apply to
the initial issuance of permits under | ||||||
5 | this paragraph.
| ||||||
6 | d. For purposes of this Act, a permit issued by USEPA | ||||||
7 | under Section 505 of
the Clean Air Act, as now and | ||||||
8 | hereafter amended, shall be deemed to be a
permit issued by | ||||||
9 | the Agency pursuant to Section 39.5 of this Act.
| ||||||
10 | 4. Transition.
| ||||||
11 | a. An owner or operator of a CAAPP source shall not be | ||||||
12 | required to renew
an existing State operating permit for | ||||||
13 | any emission unit at such CAAPP source
once a CAAPP | ||||||
14 | application timely submitted prior to expiration of the | ||||||
15 | State
operating permit has been deemed complete. For | ||||||
16 | purposes other than permit
renewal, the obligation upon the | ||||||
17 | owner or operator of a CAAPP source to obtain
a State | ||||||
18 | operating permit is not removed upon submittal of the | ||||||
19 | complete CAAPP
permit application. An owner or operator of | ||||||
20 | a CAAPP source seeking to make a
modification to a source | ||||||
21 | prior to the issuance of its CAAPP permit shall be
required | ||||||
22 | to obtain a construction permit, operating permit, or both | ||||||
23 | as required for such
modification in accordance with the | ||||||
24 | State permit program under subsection (a) of Section 39 of
| ||||||
25 | this Act, as amended, and regulations promulgated |
| |||||||
| |||||||
1 | thereunder. The application
for such construction permit, | ||||||
2 | operating permit, or both shall be considered an amendment
| ||||||
3 | to the CAAPP application submitted for such source.
| ||||||
4 | b. An owner or operator of a CAAPP source shall | ||||||
5 | continue to operate in
accordance with the terms and | ||||||
6 | conditions of its applicable State operating
permit | ||||||
7 | notwithstanding the expiration of the State operating | ||||||
8 | permit until the
source's CAAPP permit has been issued.
| ||||||
9 | c. An owner or operator of a CAAPP source shall submit | ||||||
10 | its initial CAAPP
application to the Agency no later than | ||||||
11 | 12 months after the effective date of
the CAAPP. The Agency | ||||||
12 | may request submittal of initial CAAPP applications
during | ||||||
13 | this 12-month period according to a schedule set forth | ||||||
14 | within Agency
procedures, however, in no event shall the | ||||||
15 | Agency require such submittal
earlier than 3 months after | ||||||
16 | such effective date of the CAAPP. An owner or
operator may | ||||||
17 | voluntarily submit its initial CAAPP application prior to | ||||||
18 | the date
required within this paragraph or applicable | ||||||
19 | procedures, if any, subsequent to
the date the Agency | ||||||
20 | submits the CAAPP to USEPA for approval.
| ||||||
21 | d. The Agency shall act on initial CAAPP applications | ||||||
22 | in accordance with paragraph (j) of
subsection 5 of this | ||||||
23 | Section.
| ||||||
24 | e. For purposes of this Section, the term "initial | ||||||
25 | CAAPP application"
shall mean the first CAAPP application | ||||||
26 | submitted for a source existing as of
the effective date of |
| |||||||
| |||||||
1 | the CAAPP.
| ||||||
2 | f. The Agency shall provide owners or operators of | ||||||
3 | CAAPP sources with at
least 3 months advance notice of the | ||||||
4 | date on which their applications are
required to be | ||||||
5 | submitted. In determining which sources shall be subject to
| ||||||
6 | early submittal, the Agency shall include among its | ||||||
7 | considerations the
complexity of the permit application, | ||||||
8 | and the burden that such early submittal
will have on the | ||||||
9 | source.
| ||||||
10 | g. The CAAPP permit shall upon becoming effective | ||||||
11 | supersede the State
operating permit.
| ||||||
12 | h. 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 | 5. Applications and Completeness.
| ||||||
17 | a. An owner or operator of a CAAPP source shall submit | ||||||
18 | its complete CAAPP
application consistent with the Act and | ||||||
19 | applicable regulations.
| ||||||
20 | b. An owner or operator of a CAAPP source shall submit | ||||||
21 | a single complete
CAAPP application covering all emission | ||||||
22 | units at that source.
| ||||||
23 | c. To be deemed complete, a CAAPP application must | ||||||
24 | provide all
information, as requested in Agency | ||||||
25 | application forms, sufficient to evaluate
the subject |
| |||||||
| |||||||
1 | source and its application and to determine all applicable
| ||||||
2 | requirements, pursuant to the Clean Air Act, and | ||||||
3 | regulations thereunder, this
Act and regulations | ||||||
4 | thereunder. Such Agency application forms shall be
| ||||||
5 | finalized and made available prior to the date on which any | ||||||
6 | CAAPP application
is required.
| ||||||
7 | d. An owner or operator of a CAAPP source shall submit, | ||||||
8 | as part of its
complete CAAPP application, a compliance | ||||||
9 | plan, including a schedule of
compliance, describing how | ||||||
10 | each emission unit will comply with all applicable
| ||||||
11 | requirements. Any such schedule of compliance shall be | ||||||
12 | supplemental to, and
shall not sanction noncompliance | ||||||
13 | with, the applicable requirements on which it
is based.
| ||||||
14 | e. Each submitted CAAPP application shall be certified | ||||||
15 | for truth,
accuracy, and completeness by a responsible | ||||||
16 | official in accordance with
applicable regulations.
| ||||||
17 | f. The Agency shall provide notice to a CAAPP applicant | ||||||
18 | as to whether a
submitted CAAPP application is complete. | ||||||
19 | Unless the Agency notifies the
applicant of | ||||||
20 | incompleteness, within 60 days after receipt of the CAAPP
| ||||||
21 | application, the application shall be deemed complete. The | ||||||
22 | Agency may request
additional information as needed to make | ||||||
23 | the completeness determination. The
Agency may to the | ||||||
24 | extent practicable provide the applicant with a reasonable
| ||||||
25 | opportunity to correct deficiencies prior to a final | ||||||
26 | determination of
completeness.
|
| |||||||
| |||||||
1 | g. If after the determination of completeness the | ||||||
2 | Agency finds that
additional information is necessary to | ||||||
3 | evaluate or take final action on the
CAAPP application, the | ||||||
4 | Agency may request in writing such information from the
| ||||||
5 | source with a reasonable deadline for response.
| ||||||
6 | h. If the owner or operator of a CAAPP source submits a | ||||||
7 | timely and
complete CAAPP application, the source's | ||||||
8 | failure to have a CAAPP permit shall
not be a violation of | ||||||
9 | this Section until the Agency takes final action on the
| ||||||
10 | submitted CAAPP application, provided, however, where the | ||||||
11 | applicant fails to
submit the requested information under | ||||||
12 | paragraph(g) of this subsection 5 within the time frame
| ||||||
13 | specified by the Agency, this protection shall cease to | ||||||
14 | apply.
| ||||||
15 | i. Any applicant who fails to submit any relevant facts | ||||||
16 | necessary to
evaluate the subject source and its CAAPP | ||||||
17 | application or who has submitted
incorrect information in a | ||||||
18 | CAAPP application shall, upon becoming aware of such
| ||||||
19 | failure or incorrect submittal, submit supplementary facts | ||||||
20 | or correct
information to the Agency. In addition, an | ||||||
21 | applicant shall provide to the
Agency additional | ||||||
22 | information as necessary to address any requirements which
| ||||||
23 | become applicable to the source subsequent to the date the | ||||||
24 | applicant submitted
its complete CAAPP application but | ||||||
25 | prior to release of the draft CAAPP permit.
| ||||||
26 | j. The Agency shall issue or deny the CAAPP permit |
| |||||||
| |||||||
1 | within 18 months after
the date of receipt of the complete | ||||||
2 | CAAPP application, with the following
exceptions: (i) | ||||||
3 | permits for affected sources for acid deposition shall be
| ||||||
4 | issued or denied within 6 months after receipt of a | ||||||
5 | complete application in
accordance with subsection 17 of | ||||||
6 | this Section; (ii) the Agency shall act on
initial CAAPP | ||||||
7 | applications within 24 months after the date of receipt of | ||||||
8 | the
complete CAAPP application; (iii) the Agency shall act | ||||||
9 | on complete applications
containing early reduction | ||||||
10 | demonstrations under Section 112(i)(5) of the Clean
Air Act | ||||||
11 | within 9 months of receipt of the complete CAAPP | ||||||
12 | application.
| ||||||
13 | Where the Agency does not take final action on the | ||||||
14 | permit within the
required time period, the permit shall | ||||||
15 | not be deemed issued; rather, the
failure to act shall be | ||||||
16 | treated as a final permit action for purposes of
judicial | ||||||
17 | review pursuant to Sections 40.2 and 41 of this Act.
| ||||||
18 | k. The submittal of a complete CAAPP application shall | ||||||
19 | not affect the
requirement that any source have a | ||||||
20 | preconstruction permit under Title I of the
Clean Air Act.
| ||||||
21 | l. Unless a timely and complete renewal application has | ||||||
22 | been submitted
consistent with this subsection, a CAAPP | ||||||
23 | source operating upon the expiration
of its CAAPP permit | ||||||
24 | shall be deemed to be operating without a CAAPP permit.
| ||||||
25 | Such operation is prohibited under this Act.
| ||||||
26 | m. Permits being renewed shall be subject to the same |
| |||||||
| |||||||
1 | procedural
requirements, including those for public | ||||||
2 | participation and federal review and
objection, that apply | ||||||
3 | to original permit issuance.
| ||||||
4 | n. For purposes of permit renewal, a timely application | ||||||
5 | is one that is
submitted no less than 9 months prior to the | ||||||
6 | date of permit expiration.
| ||||||
7 | o. The terms and conditions of a CAAPP permit shall | ||||||
8 | remain in effect until
the issuance of a CAAPP renewal | ||||||
9 | permit provided a timely and complete CAAPP
application has | ||||||
10 | been submitted.
| ||||||
11 | p. The owner or operator of a CAAPP source seeking a | ||||||
12 | permit shield
pursuant to paragraph(j) of subsection 7 of | ||||||
13 | this Section shall request such permit shield in
the CAAPP | ||||||
14 | application regarding that source.
| ||||||
15 | q. The Agency shall make available to the public all | ||||||
16 | documents submitted
by the applicant to the Agency, | ||||||
17 | including each CAAPP application, compliance
plan | ||||||
18 | (including the schedule of compliance), and emissions or | ||||||
19 | compliance
monitoring report, with the exception of | ||||||
20 | information entitled to confidential
treatment pursuant to | ||||||
21 | Section 7 of this Act.
| ||||||
22 | r. The Agency shall use the standardized forms required | ||||||
23 | under Title IV of
the Clean Air Act and regulations | ||||||
24 | promulgated thereunder for affected sources
for acid | ||||||
25 | deposition.
| ||||||
26 | s. An owner or operator of a CAAPP source may include |
| |||||||
| |||||||
1 | within its CAAPP
application a request for permission to | ||||||
2 | operate during a startup, malfunction,
or breakdown | ||||||
3 | consistent with applicable Board regulations.
| ||||||
4 | t. An owner or operator of a CAAPP source, in
order to | ||||||
5 | utilize the operational flexibility provided under
| ||||||
6 | paragraph(l) of subsection 7 of this Section, must request | ||||||
7 | such use and
provide the necessary information within its | ||||||
8 | CAAPP application.
| ||||||
9 | u. An owner or operator of a CAAPP source which seeks | ||||||
10 | exclusion from the
CAAPP through the imposition of | ||||||
11 | federally enforceable conditions, pursuant to
paragraph(c) | ||||||
12 | of subsection 3 of this Section, must request such | ||||||
13 | exclusion within a CAAPP
application submitted consistent | ||||||
14 | with this subsection on or after the date that
the CAAPP | ||||||
15 | application for the source is due. Prior to such date, but | ||||||
16 | in no case
later than 9 months after the effective date of | ||||||
17 | the CAAPP, such owner or
operator may request the | ||||||
18 | imposition of federally enforceable conditions
pursuant to | ||||||
19 | paragraph(b) of subsection 1.1 of this Section.
| ||||||
20 | v. CAAPP applications shall contain accurate | ||||||
21 | information on allowable
emissions to implement the fee | ||||||
22 | provisions of subsection 18 of this Section.
| ||||||
23 | w. An owner or operator of a CAAPP source shall submit | ||||||
24 | within its CAAPP
application emissions information | ||||||
25 | regarding all regulated air pollutants
emitted at that | ||||||
26 | source consistent with applicable Agency procedures. |
| |||||||
| |||||||
1 | Emissions
information regarding insignificant activities | ||||||
2 | or emission levels, as
determined by the Agency pursuant to | ||||||
3 | Board regulations,
may be submitted as a list within the | ||||||
4 | CAAPP application.
The Agency shall propose regulations to | ||||||
5 | the Board defining insignificant
activities or emission | ||||||
6 | levels, consistent with federal regulations, if any,
no | ||||||
7 | later than 18 months after the effective date of this | ||||||
8 | amendatory Act of
1992, consistent with Section 112(n)(1) | ||||||
9 | of the Clean Air Act. The
Board shall adopt final | ||||||
10 | regulations defining insignificant activities or
emission | ||||||
11 | levels no later than 9 months after the date of the | ||||||
12 | Agency's proposal.
| ||||||
13 | x. The owner or operator of a new CAAPP source shall | ||||||
14 | submit its complete
CAAPP application consistent with this | ||||||
15 | subsection within 12 months after
commencing operation of | ||||||
16 | such source.
The owner or operator of an existing source | ||||||
17 | that has been excluded from the
provisions of this Section | ||||||
18 | under subsection 1.1 or paragraph (c) of subsection 3 of
| ||||||
19 | this Section and that becomes subject to the CAAPP solely | ||||||
20 | due to a change in
operation at the source shall submit its | ||||||
21 | complete CAAPP application consistent
with this subsection | ||||||
22 | at least 180 days before commencing operation in
accordance | ||||||
23 | with the change in operation.
| ||||||
24 | y. The Agency shall have the authority to adopt | ||||||
25 | procedural rules, in
accordance with the Illinois | ||||||
26 | Administrative Procedure Act, as the Agency deems
|
| |||||||
| |||||||
1 | necessary to implement this subsection.
| ||||||
2 | 6. Prohibitions.
| ||||||
3 | a. It shall be unlawful for any person to violate any | ||||||
4 | terms or conditions
of a permit issued under this Section, | ||||||
5 | to operate any CAAPP source except in
compliance with a | ||||||
6 | permit issued by the Agency under this Section or to | ||||||
7 | violate
any other applicable requirements. All terms and | ||||||
8 | conditions of a permit issued
under this Section are | ||||||
9 | enforceable by USEPA and citizens under the Clean Air
Act, | ||||||
10 | except those, if any, that are specifically designated as | ||||||
11 | not being
federally enforceable in the permit pursuant to | ||||||
12 | paragraph(m) of subsection 7 of this Section.
| ||||||
13 | b. After the applicable CAAPP permit or renewal | ||||||
14 | application submittal
date, as specified in subsection 5 of | ||||||
15 | this Section, no person shall operate a
CAAPP source | ||||||
16 | without a CAAPP permit unless the complete CAAPP permit or | ||||||
17 | renewal
application for such source has been timely | ||||||
18 | submitted to the Agency.
| ||||||
19 | c. No owner or operator of a CAAPP source shall cause | ||||||
20 | or threaten or allow
the continued operation of an emission | ||||||
21 | source during malfunction or breakdown
of the emission | ||||||
22 | source or related air pollution control equipment if such
| ||||||
23 | operation would cause a violation of the standards or | ||||||
24 | limitations applicable to
the source, unless the CAAPP | ||||||
25 | permit granted to the source provides for such
operation |
| |||||||
| |||||||
1 | consistent with this Act and applicable Board regulations.
| ||||||
2 | 7. Permit Content.
| ||||||
3 | a. All CAAPP permits shall contain emission | ||||||
4 | limitations and standards and
other enforceable terms and | ||||||
5 | conditions, including but not limited to
operational | ||||||
6 | requirements, and schedules for achieving compliance at | ||||||
7 | the
earliest reasonable date, which are or will be required | ||||||
8 | to accomplish the
purposes and provisions of this Act and | ||||||
9 | to assure compliance with all
applicable requirements.
| ||||||
10 | b. The Agency shall include among such conditions | ||||||
11 | applicable monitoring,
reporting, record keeping and | ||||||
12 | compliance certification requirements, as
authorized by | ||||||
13 | paragraphs (d), (e), and (f) of this subsection, that the | ||||||
14 | Agency deems
necessary to assure compliance with the Clean | ||||||
15 | Air Act, the regulations
promulgated thereunder, this Act, | ||||||
16 | and applicable Board regulations. When
monitoring, | ||||||
17 | reporting, record keeping, and compliance certification
| ||||||
18 | requirements are specified within the Clean Air Act, | ||||||
19 | regulations promulgated
thereunder, this Act, or | ||||||
20 | applicable regulations, such requirements shall be
| ||||||
21 | included within the CAAPP permit. The Board shall have | ||||||
22 | authority to promulgate
additional regulations where | ||||||
23 | necessary to accomplish the purposes of the Clean
Air Act, | ||||||
24 | this Act, and regulations promulgated thereunder.
| ||||||
25 | c. The Agency shall assure, within such conditions, the |
| |||||||
| |||||||
1 | use of terms, test
methods, units, averaging periods, and | ||||||
2 | other statistical conventions consistent
with the | ||||||
3 | applicable emission limitations, standards, and other | ||||||
4 | requirements
contained in the permit.
| ||||||
5 | d. To meet the requirements of this subsection with | ||||||
6 | respect to monitoring,
the permit shall:
| ||||||
7 | i. Incorporate and identify all applicable | ||||||
8 | emissions monitoring and
analysis procedures or test | ||||||
9 | methods required under the Clean Air Act,
regulations | ||||||
10 | promulgated thereunder, this Act, and applicable Board | ||||||
11 | regulations,
including any procedures and methods | ||||||
12 | promulgated by USEPA pursuant to Section
504(b) or | ||||||
13 | Section 114 (a)(3) of the Clean Air Act.
| ||||||
14 | ii. Where the applicable requirement does not | ||||||
15 | require periodic testing
or instrumental or | ||||||
16 | noninstrumental monitoring (which may consist of
| ||||||
17 | recordkeeping designed to serve as monitoring), | ||||||
18 | require periodic monitoring
sufficient to yield | ||||||
19 | reliable data from the relevant time period that is
| ||||||
20 | representative of the source's compliance with the | ||||||
21 | permit, as reported pursuant
to paragraph (f) of this | ||||||
22 | subsection. The Agency may determine that
| ||||||
23 | recordkeeping requirements are sufficient to meet the | ||||||
24 | requirements of this
subparagraph.
| ||||||
25 | iii. As necessary, specify requirements concerning | ||||||
26 | the use, maintenance,
and when appropriate, |
| |||||||
| |||||||
1 | installation of monitoring equipment or methods.
| ||||||
2 | e. To meet the requirements of this subsection with | ||||||
3 | respect to record
keeping, the permit shall incorporate and | ||||||
4 | identify all applicable recordkeeping
requirements and | ||||||
5 | require, where applicable, the following:
| ||||||
6 | i. Records of required monitoring information that | ||||||
7 | include the
following:
| ||||||
8 | A. The date, place and time of sampling or | ||||||
9 | measurements.
| ||||||
10 | B. The date(s) analyses were performed.
| ||||||
11 | C. The company or entity that performed the | ||||||
12 | analyses.
| ||||||
13 | D. The analytical techniques or methods used.
| ||||||
14 | E. The results of such analyses.
| ||||||
15 | F. The operating conditions as existing at the | ||||||
16 | time of sampling or
measurement.
| ||||||
17 | ii. Retention of records of all monitoring data | ||||||
18 | and support
information for a period of at least 5 | ||||||
19 | years from the date of the monitoring
sample, | ||||||
20 | measurement, report, or application. Support | ||||||
21 | information includes all
calibration and maintenance | ||||||
22 | records, original strip-chart recordings for
| ||||||
23 | continuous monitoring instrumentation, and copies of | ||||||
24 | all reports required by
the permit.
| ||||||
25 | f. To meet the requirements of this subsection with | ||||||
26 | respect to reporting,
the permit shall incorporate and |
| |||||||
| |||||||
1 | identify all applicable reporting requirements
and require | ||||||
2 | the following:
| ||||||
3 | i. Submittal of reports of any required monitoring | ||||||
4 | every 6 months. More
frequent submittals may be | ||||||
5 | requested by the Agency if such submittals are
| ||||||
6 | necessary to assure compliance with this Act or | ||||||
7 | regulations promulgated by the
Board thereunder. All | ||||||
8 | instances of deviations from permit requirements must | ||||||
9 | be
clearly identified in such reports. All required | ||||||
10 | reports must be certified by
a responsible official | ||||||
11 | consistent with subsection 5 of this Section.
| ||||||
12 | ii. Prompt reporting of deviations from permit | ||||||
13 | requirements, including
those attributable to upset | ||||||
14 | conditions as defined in the permit, the probable
cause | ||||||
15 | of such deviations, and any corrective actions or | ||||||
16 | preventive measures
taken.
| ||||||
17 | g. Each CAAPP permit issued under subsection 10 of this | ||||||
18 | Section shall
include a condition prohibiting emissions | ||||||
19 | exceeding any allowances that the
source lawfully holds | ||||||
20 | under Title IV of the Clean Air Act or the regulations
| ||||||
21 | promulgated thereunder, consistent with subsection 17 of | ||||||
22 | this Section and
applicable regulations, if any.
| ||||||
23 | h. All CAAPP permits shall state that, where another | ||||||
24 | applicable
requirement of the Clean Air Act is more | ||||||
25 | stringent than any applicable
requirement of regulations | ||||||
26 | promulgated under Title IV of the Clean Air Act,
both |
| |||||||
| |||||||
1 | provisions shall be incorporated into the permit and shall | ||||||
2 | be State and
federally enforceable.
| ||||||
3 | i. Each CAAPP permit issued under subsection 10 of this | ||||||
4 | Section shall
include a severability clause to ensure the | ||||||
5 | continued validity of the various
permit requirements in | ||||||
6 | the event of a challenge to any portions of the permit.
| ||||||
7 | j. The following shall apply with respect to owners or | ||||||
8 | operators
requesting a permit shield:
| ||||||
9 | i. The Agency shall include in a CAAPP permit, when | ||||||
10 | requested by an
applicant pursuant to paragraph(p) of | ||||||
11 | subsection 5 of this Section, a provision stating that
| ||||||
12 | compliance with the conditions of the permit shall be | ||||||
13 | deemed compliance with
applicable requirements which | ||||||
14 | are applicable as of the date of release of
the | ||||||
15 | proposed permit, provided that:
| ||||||
16 | A. The applicable requirement is specifically | ||||||
17 | identified within the
permit; or
| ||||||
18 | B. The Agency in acting on the CAAPP | ||||||
19 | application or revision
determines in writing that | ||||||
20 | other requirements specifically identified are not
| ||||||
21 | applicable to the source, and the permit includes | ||||||
22 | that determination or a
concise summary thereof.
| ||||||
23 | ii. The permit shall identify the requirements for | ||||||
24 | which the source is
shielded. The shield shall not | ||||||
25 | extend to applicable requirements which are
| ||||||
26 | promulgated after the date of release of the proposed |
| |||||||
| |||||||
1 | permit unless the permit
has been modified to reflect | ||||||
2 | such new requirements.
| ||||||
3 | iii. A CAAPP permit which does not expressly | ||||||
4 | indicate the existence of a
permit shield shall not | ||||||
5 | provide such a shield.
| ||||||
6 | iv. Nothing in this paragraph or in a CAAPP permit | ||||||
7 | shall alter or affect
the following:
| ||||||
8 | A. The provisions of Section 303 (emergency | ||||||
9 | powers) of the Clean Air
Act, including USEPA's | ||||||
10 | authority under that section.
| ||||||
11 | B. The liability of an owner or operator of a | ||||||
12 | source for any violation
of applicable | ||||||
13 | requirements prior to or at the time of permit | ||||||
14 | issuance.
| ||||||
15 | C. The applicable requirements of the acid | ||||||
16 | rain program consistent
with Section 408(a) of the | ||||||
17 | Clean Air Act.
| ||||||
18 | D. The ability of USEPA to obtain information | ||||||
19 | from a source pursuant
to Section 114 | ||||||
20 | (inspections, monitoring, and entry) of the Clean | ||||||
21 | Air Act.
| ||||||
22 | k. Each CAAPP permit shall include an emergency | ||||||
23 | provision providing an
affirmative defense of emergency to | ||||||
24 | an action brought for noncompliance with
technology-based | ||||||
25 | emission limitations under a CAAPP permit if the following
| ||||||
26 | conditions are met through properly signed, |
| |||||||
| |||||||
1 | contemporaneous operating logs, or
other relevant | ||||||
2 | evidence:
| ||||||
3 | i. An emergency occurred and the permittee can | ||||||
4 | identify the cause(s) of
the emergency.
| ||||||
5 | ii. The permitted facility was at the time being | ||||||
6 | properly operated.
| ||||||
7 | iii. The permittee submitted notice of the | ||||||
8 | emergency to the Agency
within 2 working days after the | ||||||
9 | time when emission limitations were exceeded due
to the | ||||||
10 | emergency. This notice must contain a detailed | ||||||
11 | description of the
emergency, any steps taken to | ||||||
12 | mitigate emissions, and corrective actions taken.
| ||||||
13 | iv. During the period of the emergency the | ||||||
14 | permittee took all reasonable
steps to minimize levels | ||||||
15 | of emissions that exceeded the emission limitations,
| ||||||
16 | standards, or requirements in the permit.
| ||||||
17 | For purposes of this subsection, "emergency" means any | ||||||
18 | situation arising
from sudden and reasonably unforeseeable | ||||||
19 | events beyond the control of the
source, such as an act of | ||||||
20 | God, that requires immediate corrective action to
restore | ||||||
21 | normal operation, and that causes the source to exceed a
| ||||||
22 | technology-based emission limitation under the permit, due | ||||||
23 | to unavoidable
increases in emissions attributable to the | ||||||
24 | emergency. An emergency shall not
include noncompliance to | ||||||
25 | the extent caused by improperly designed equipment,
lack of | ||||||
26 | preventative maintenance, careless or improper operation, |
| |||||||
| |||||||
1 | or operation
error.
| ||||||
2 | In any enforcement proceeding, the permittee seeking | ||||||
3 | to establish the
occurrence of an emergency has the burden | ||||||
4 | of proof. This provision is in
addition to any emergency or | ||||||
5 | upset provision contained in any applicable
requirement. | ||||||
6 | This provision does not relieve a permittee of any | ||||||
7 | reporting
obligations under existing federal or state laws | ||||||
8 | or regulations.
| ||||||
9 | l. The Agency shall include in each permit issued under | ||||||
10 | subsection 10 of this Section:
| ||||||
11 | i. Terms and conditions for reasonably anticipated | ||||||
12 | operating scenarios
identified by the source in its | ||||||
13 | application. The permit terms and
conditions for each | ||||||
14 | such operating scenario shall meet all applicable
| ||||||
15 | requirements and the requirements of this Section.
| ||||||
16 | A. Under this subparagraph, the source must | ||||||
17 | record in a log at the
permitted facility a record | ||||||
18 | of the scenario under which it is operating
| ||||||
19 | contemporaneously with making a change from one | ||||||
20 | operating scenario to another.
| ||||||
21 | B. The permit shield described in paragraph(j) | ||||||
22 | of subsection 7 of this Section
shall extend to all | ||||||
23 | terms and conditions under each such operating | ||||||
24 | scenario.
| ||||||
25 | ii. Where requested by an applicant, all terms and | ||||||
26 | conditions allowing
for trading of emissions increases |
| |||||||
| |||||||
1 | and decreases between different emission
units at the | ||||||
2 | CAAPP source, to the extent that the applicable | ||||||
3 | requirements
provide for trading of such emissions | ||||||
4 | increases and decreases without a
case-by-case | ||||||
5 | approval of each emissions trade. Such terms and | ||||||
6 | conditions:
| ||||||
7 | A. Shall include all terms required under this | ||||||
8 | subsection to determine
compliance;
| ||||||
9 | B. Must meet all applicable requirements;
| ||||||
10 | C. Shall extend the permit shield described in | ||||||
11 | paragraph(j) of subsection 7 of this
Section to all | ||||||
12 | terms and conditions that allow such increases and | ||||||
13 | decreases in
emissions.
| ||||||
14 | m. The Agency shall specifically designate as not being | ||||||
15 | federally
enforceable under the Clean Air Act any terms and | ||||||
16 | conditions included in the
permit that are not specifically | ||||||
17 | required under the Clean Air Act or federal
regulations | ||||||
18 | promulgated thereunder. Terms or conditions so designated | ||||||
19 | shall be
subject to all applicable state requirements, | ||||||
20 | except the requirements of
subsection 7 (other than this | ||||||
21 | paragraph, paragraph q of subsection 7,
subsections 8 | ||||||
22 | through 11, and subsections 13 through 16 of this Section. | ||||||
23 | The
Agency shall, however, include such terms and | ||||||
24 | conditions in the CAAPP permit
issued to the source.
| ||||||
25 | n. Each CAAPP permit issued under subsection 10 of this | ||||||
26 | Section shall
specify and reference the origin of and |
| |||||||
| |||||||
1 | authority for each term or condition,
and identify any | ||||||
2 | difference in form as compared to the applicable | ||||||
3 | requirement
upon which the term or condition is based.
| ||||||
4 | o. Each CAAPP permit issued under subsection 10 of this | ||||||
5 | Section shall
include provisions stating the following:
| ||||||
6 | i. Duty to comply. The permittee must comply with | ||||||
7 | all terms and
conditions of the CAAPP permit. Any | ||||||
8 | permit noncompliance constitutes a
violation of the | ||||||
9 | Clean Air Act and the Act, and is grounds for any or | ||||||
10 | all of
the following: enforcement action; permit | ||||||
11 | termination, revocation and
reissuance, or | ||||||
12 | modification; or denial of a permit renewal | ||||||
13 | application.
| ||||||
14 | ii. Need to halt or reduce activity not a defense. | ||||||
15 | It shall not be a
defense for a permittee in an | ||||||
16 | enforcement action that it would have been
necessary to | ||||||
17 | halt or reduce the permitted activity in order to | ||||||
18 | maintain
compliance with the conditions of this | ||||||
19 | permit.
| ||||||
20 | iii. Permit actions. The permit may be modified, | ||||||
21 | revoked, reopened, and
reissued, or terminated for | ||||||
22 | cause in accordance with the applicable subsections
of | ||||||
23 | Section 39.5 of this Act. The filing of a request by | ||||||
24 | the permittee for a
permit modification, revocation | ||||||
25 | and reissuance, or termination, or of a
notification of | ||||||
26 | planned changes or anticipated noncompliance does not |
| |||||||
| |||||||
1 | stay any
permit condition.
| ||||||
2 | iv. Property rights. The permit does not convey any | ||||||
3 | property rights of
any sort, or any exclusive | ||||||
4 | privilege.
| ||||||
5 | v. Duty to provide information. The permittee | ||||||
6 | shall furnish to the
Agency within a reasonable time | ||||||
7 | specified by the Agency any information that
the Agency | ||||||
8 | may request in writing to determine whether cause | ||||||
9 | exists for
modifying, revoking and reissuing, or | ||||||
10 | terminating the permit or to determine
compliance with | ||||||
11 | the permit. Upon request, the permittee shall also | ||||||
12 | furnish to
the Agency copies of records required to be | ||||||
13 | kept by the permit or, for
information claimed to be | ||||||
14 | confidential, the permittee may furnish such records
| ||||||
15 | directly to USEPA along with a claim of | ||||||
16 | confidentiality.
| ||||||
17 | vi. Duty to pay fees. The permittee must pay fees | ||||||
18 | to the Agency
consistent with the fee schedule approved | ||||||
19 | pursuant to subsection 18 of this
Section, and submit | ||||||
20 | any information relevant thereto.
| ||||||
21 | vii. Emissions trading. No permit revision shall | ||||||
22 | be required for
increases in emissions allowed under | ||||||
23 | any approved economic incentives,
marketable permits, | ||||||
24 | emissions trading, and other similar programs or | ||||||
25 | processes
for changes that are provided for in the | ||||||
26 | permit and that are authorized by the
applicable |
| |||||||
| |||||||
1 | requirement.
| ||||||
2 | p. Each CAAPP permit issued under subsection 10 of this | ||||||
3 | Section shall
contain the following elements with respect | ||||||
4 | to compliance:
| ||||||
5 | i. Compliance certification, testing, monitoring, | ||||||
6 | reporting, and record
keeping requirements sufficient | ||||||
7 | to assure compliance with the terms and
conditions of | ||||||
8 | the permit. Any document (including reports) required | ||||||
9 | by a CAAPP
permit shall contain a certification by a | ||||||
10 | responsible official that meets the
requirements of | ||||||
11 | subsection 5 of this Section and applicable | ||||||
12 | regulations.
| ||||||
13 | ii. Inspection and entry requirements that | ||||||
14 | necessitate that, upon
presentation of credentials and | ||||||
15 | other documents as may be required by law and
in | ||||||
16 | accordance with constitutional limitations, the | ||||||
17 | permittee shall allow the
Agency, or an authorized | ||||||
18 | representative to perform the following:
| ||||||
19 | A. Enter upon the permittee's premises where a | ||||||
20 | CAAPP source is located
or emissions-related | ||||||
21 | activity is conducted, or where records must be | ||||||
22 | kept under
the conditions of the permit.
| ||||||
23 | B. Have access to and copy, at reasonable | ||||||
24 | times, any records that must
be kept under the | ||||||
25 | conditions of the permit.
| ||||||
26 | C. Inspect at reasonable times any facilities, |
| |||||||
| |||||||
1 | equipment (including
monitoring and air pollution | ||||||
2 | control equipment), practices, or operations
| ||||||
3 | regulated or required under the permit.
| ||||||
4 | D. Sample or monitor any substances or | ||||||
5 | parameters at any location:
| ||||||
6 | 1. As authorized by the Clean Air Act, at | ||||||
7 | reasonable times, for
the purposes of assuring | ||||||
8 | compliance with the CAAPP permit or applicable
| ||||||
9 | requirements; or
| ||||||
10 | 2. As otherwise authorized by this Act.
| ||||||
11 | iii. A schedule of compliance consistent with | ||||||
12 | subsection 5 of this
Section and applicable | ||||||
13 | regulations.
| ||||||
14 | iv. Progress reports consistent with an applicable | ||||||
15 | schedule of
compliance pursuant to paragraph(d) of | ||||||
16 | subsection 5 of this Section and applicable
| ||||||
17 | regulations to be submitted semiannually, or more | ||||||
18 | frequently if the Agency
determines that such more | ||||||
19 | frequent submittals are necessary for compliance with
| ||||||
20 | the Act or regulations promulgated by the Board | ||||||
21 | thereunder. Such progress
reports shall contain the | ||||||
22 | following:
| ||||||
23 | A. Required dates for achieving the | ||||||
24 | activities, milestones, or
compliance required by | ||||||
25 | the schedule of compliance and dates when such
| ||||||
26 | activities, milestones or compliance were |
| |||||||
| |||||||
1 | achieved.
| ||||||
2 | B. An explanation of why any dates in the | ||||||
3 | schedule of compliance were
not or will not be met, | ||||||
4 | and any preventive or corrective measures adopted.
| ||||||
5 | v. Requirements for compliance certification with | ||||||
6 | terms and conditions
contained in the permit, | ||||||
7 | including emission limitations, standards, or work
| ||||||
8 | practices. Permits shall include each of the | ||||||
9 | following:
| ||||||
10 | A. The frequency (annually or more frequently | ||||||
11 | as specified in any
applicable requirement or by | ||||||
12 | the Agency pursuant to written procedures) of
| ||||||
13 | submissions of compliance certifications.
| ||||||
14 | B. A means for assessing or monitoring the | ||||||
15 | compliance of the source
with its emissions | ||||||
16 | limitations, standards, and work practices.
| ||||||
17 | C. A requirement that the compliance | ||||||
18 | certification include the
following:
| ||||||
19 | 1. The identification of each term or | ||||||
20 | condition contained in the
permit that is the | ||||||
21 | basis of the certification.
| ||||||
22 | 2. The compliance status.
| ||||||
23 | 3. Whether compliance was continuous or | ||||||
24 | intermittent.
| ||||||
25 | 4. The method(s) used for determining the | ||||||
26 | compliance status of the
source, both |
| |||||||
| |||||||
1 | currently and over the reporting period | ||||||
2 | consistent with subsection
7 of this Section.
| ||||||
3 | D. A requirement that all compliance | ||||||
4 | certifications be submitted to
USEPA as well as to | ||||||
5 | the Agency.
| ||||||
6 | E. Additional requirements as may be specified | ||||||
7 | pursuant to Sections
114(a)(3) and 504(b) of the | ||||||
8 | Clean Air Act.
| ||||||
9 | F. Other provisions as the Agency may require.
| ||||||
10 | q. If the owner or operator of CAAPP source can | ||||||
11 | demonstrate in its
CAAPP application, including an | ||||||
12 | application for a significant modification,
that an | ||||||
13 | alternative emission limit would be equivalent to that | ||||||
14 | contained in the
applicable Board regulations, the Agency | ||||||
15 | shall include the alternative
emission limit in the CAAPP | ||||||
16 | permit, which shall supersede the
emission limit
set forth | ||||||
17 | in the applicable Board regulations, and shall include | ||||||
18 | conditions
that insure that the resulting emission limit is | ||||||
19 | quantifiable, accountable,
enforceable, and based on | ||||||
20 | replicable procedures.
| ||||||
21 | 8. Public Notice; Affected State Review.
| ||||||
22 | a. The Agency shall provide notice to the public, | ||||||
23 | including an opportunity
for public comment and a hearing, | ||||||
24 | on each draft CAAPP permit for issuance,
renewal or | ||||||
25 | significant modification, subject to Section 7.1 and | ||||||
26 | subsection (a) of Section 7 of this
Act.
|
| |||||||
| |||||||
1 | b. The Agency shall prepare a draft CAAPP permit and a | ||||||
2 | statement that sets
forth the legal and factual basis for | ||||||
3 | the draft CAAPP permit conditions,
including references to | ||||||
4 | the applicable statutory or regulatory provisions. The
| ||||||
5 | Agency shall provide this statement to any person who | ||||||
6 | requests it.
| ||||||
7 | c. The Agency shall give notice of each draft CAAPP | ||||||
8 | permit to the
applicant and to any affected State on or | ||||||
9 | before the time that the Agency has
provided notice to the | ||||||
10 | public, except as otherwise provided in this Act.
| ||||||
11 | d. The Agency, as part of its submittal of a proposed | ||||||
12 | permit to USEPA
(or as soon as possible after the submittal | ||||||
13 | for minor permit modification
procedures allowed under | ||||||
14 | subsection 14 of this Section), shall notify USEPA
and any | ||||||
15 | affected State in writing of any refusal of the Agency to | ||||||
16 | accept all
of the recommendations for the proposed permit | ||||||
17 | that an affected State
submitted during the public or | ||||||
18 | affected State review period. The notice
shall include the | ||||||
19 | Agency's reasons for not accepting the recommendations.
| ||||||
20 | The Agency is not required to accept recommendations that | ||||||
21 | are not based on
applicable requirements or the | ||||||
22 | requirements of this Section.
| ||||||
23 | e. The Agency shall make available to the public any | ||||||
24 | CAAPP permit
application, compliance plan (including the | ||||||
25 | schedule of compliance), CAAPP
permit, and emissions or | ||||||
26 | compliance monitoring report. If an owner or operator
of a |
| |||||||
| |||||||
1 | CAAPP source is required to submit information entitled to | ||||||
2 | protection from
disclosure under Section 7.1 and | ||||||
3 | subsection (a) of Section 7 of this Act, the owner or | ||||||
4 | operator
shall submit such information separately. The | ||||||
5 | requirements of
Section 7.1 and subsection (a) of Section 7 | ||||||
6 | of this Act shall apply to such information, which shall | ||||||
7 | not be
included in a CAAPP permit unless required by law. | ||||||
8 | The contents of a CAAPP
permit shall not be entitled to | ||||||
9 | protection under Section 7.1 and subsection (a) of Section | ||||||
10 | 7 of
this Act.
| ||||||
11 | f. 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 | g. If requested by the permit applicant, the Agency | ||||||
16 | shall provide the permit applicant with a copy of the draft | ||||||
17 | CAAPP permit prior to any public review period. If | ||||||
18 | requested by the permit applicant, the Agency shall provide | ||||||
19 | the permit applicant with a copy of the final CAAPP permit | ||||||
20 | prior to issuance of the CAAPP permit.
| ||||||
21 | 9. USEPA Notice and Objection.
| ||||||
22 | a. The Agency shall provide to USEPA for its review a | ||||||
23 | copy of each CAAPP
application (including any application | ||||||
24 | for permit modification), statement of
basis as provided in | ||||||
25 | paragraph(b) of subsection 8 of this Section, proposed |
| |||||||
| |||||||
1 | CAAPP permit,
CAAPP permit, and, if the Agency does not | ||||||
2 | incorporate any affected State's
recommendations on a | ||||||
3 | proposed CAAPP permit, a written statement of this
decision | ||||||
4 | and its reasons for not accepting the recommendations, | ||||||
5 | except as
otherwise provided in this Act or by agreement | ||||||
6 | with USEPA. To the extent
practicable, the preceding | ||||||
7 | information shall be provided in computer readable
format | ||||||
8 | compatible with USEPA's national database management | ||||||
9 | system.
| ||||||
10 | b. The Agency shall not issue the proposed CAAPP permit | ||||||
11 | if USEPA objects
in writing within 45 days after receipt of | ||||||
12 | the proposed CAAPP permit and all
necessary supporting | ||||||
13 | information.
| ||||||
14 | c. If USEPA objects in writing to the issuance of the | ||||||
15 | proposed CAAPP
permit within the 45-day period, the Agency | ||||||
16 | shall respond in writing and may
revise and resubmit the | ||||||
17 | proposed CAAPP permit in response to the stated
objection, | ||||||
18 | to the extent supported by the record, within 90 days after | ||||||
19 | the date
of the objection. Prior to submitting a revised | ||||||
20 | permit to USEPA, the Agency
shall provide the applicant and | ||||||
21 | any person who participated in the public
comment process, | ||||||
22 | pursuant to subsection 8 of this Section, with a 10-day | ||||||
23 | period
to comment on any revision which the Agency is | ||||||
24 | proposing to make to the permit
in response to USEPA's | ||||||
25 | objection in accordance with Agency procedures.
| ||||||
26 | d. Any USEPA objection under this subsection, |
| |||||||
| |||||||
1 | according to the Clean Air
Act, will include a statement of | ||||||
2 | reasons for the objection and a description of
the terms | ||||||
3 | and conditions that must be in the permit, in order to | ||||||
4 | adequately
respond to the objections. Grounds for a USEPA | ||||||
5 | objection include the failure
of the Agency to: (1) submit | ||||||
6 | the items and notices required under this
subsection; (2) | ||||||
7 | submit any other information necessary to adequately | ||||||
8 | review the
proposed CAAPP permit; or (3) process the permit | ||||||
9 | under subsection 8 of this
Section except for minor permit | ||||||
10 | modifications.
| ||||||
11 | e. If USEPA does not object in writing to issuance of a | ||||||
12 | permit under this
subsection, any person may petition USEPA | ||||||
13 | within 60 days after expiration of
the 45-day review period | ||||||
14 | to make such objection.
| ||||||
15 | f. If the permit has not yet been issued and USEPA | ||||||
16 | objects to the permit
as a result of a petition, the Agency | ||||||
17 | shall not issue the permit until USEPA's
objection has been | ||||||
18 | resolved. The Agency shall provide a 10-day comment period
| ||||||
19 | in accordance with paragraph c of this subsection. A | ||||||
20 | petition does not,
however, stay the effectiveness of a | ||||||
21 | permit or its requirements if the permit
was issued after | ||||||
22 | expiration of the 45-day review period and prior to a USEPA
| ||||||
23 | objection.
| ||||||
24 | g. If the Agency has issued a permit after expiration | ||||||
25 | of the 45-day review
period and prior to receipt of a USEPA | ||||||
26 | objection under this subsection in
response to a petition |
| |||||||
| |||||||
1 | submitted pursuant to paragraph e of this subsection,
the | ||||||
2 | Agency may, upon receipt of an objection from USEPA, revise | ||||||
3 | and resubmit
the permit to USEPA pursuant to this | ||||||
4 | subsection after providing a 10-day
comment period in | ||||||
5 | accordance with paragraph c of this subsection. If the | ||||||
6 | Agency
fails to submit a revised permit in response to the | ||||||
7 | objection, USEPA shall
modify, terminate or revoke the | ||||||
8 | permit. In any case, the source will not be in
violation of | ||||||
9 | the requirement to have submitted a timely and complete
| ||||||
10 | application.
| ||||||
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 | 10. Final Agency Action.
| ||||||
16 | a. The Agency shall issue a CAAPP permit, permit | ||||||
17 | modification, or permit
renewal if all of the following | ||||||
18 | conditions are met:
| ||||||
19 | i. The applicant has submitted a complete and | ||||||
20 | certified application for
a permit, permit | ||||||
21 | modification, or permit renewal consistent with | ||||||
22 | subsections 5
and 14 of this Section, as applicable, | ||||||
23 | and applicable regulations.
| ||||||
24 | ii. The applicant has submitted with its complete | ||||||
25 | application an
approvable compliance plan, including a |
| |||||||
| |||||||
1 | schedule for achieving compliance,
consistent with | ||||||
2 | subsection 5 of this Section and applicable | ||||||
3 | regulations.
| ||||||
4 | iii. The applicant has timely paid the fees | ||||||
5 | required pursuant to
subsection 18 of this Section and | ||||||
6 | applicable regulations.
| ||||||
7 | iv. The Agency has received a complete CAAPP | ||||||
8 | application and, if
necessary, has requested and | ||||||
9 | received additional information from the applicant
| ||||||
10 | consistent with subsection 5 of this Section and | ||||||
11 | applicable regulations.
| ||||||
12 | v. The Agency has complied with all applicable | ||||||
13 | provisions regarding
public notice and affected State | ||||||
14 | review consistent with subsection 8 of this
Section and | ||||||
15 | applicable regulations.
| ||||||
16 | vi. The Agency has provided a copy of each CAAPP | ||||||
17 | application, or summary
thereof, pursuant to agreement | ||||||
18 | with USEPA and proposed CAAPP permit required
under | ||||||
19 | subsection 9 of this Section to USEPA, and USEPA has | ||||||
20 | not objected to the
issuance of the permit in | ||||||
21 | accordance with the Clean Air Act and 40 CFR Part 70.
| ||||||
22 | b. The Agency shall have the authority to deny a CAAPP | ||||||
23 | permit, permit
modification, or permit renewal if the | ||||||
24 | applicant has not complied with the
requirements of | ||||||
25 | subparagraphs (i) through (iv) of paragraph (a) of this | ||||||
26 | subsection or if USEPA
objects to its issuance.
|
| |||||||
| |||||||
1 | c. i. Prior to denial of a CAAPP permit, permit | ||||||
2 | modification, or permit
renewal under this Section, | ||||||
3 | the Agency shall notify the applicant of the
possible | ||||||
4 | denial and the reasons for the denial.
| ||||||
5 | ii. Within such notice, the Agency shall specify an | ||||||
6 | appropriate date by
which the applicant shall | ||||||
7 | adequately respond to the Agency's notice. Such date
| ||||||
8 | shall not exceed 15 days from the date the notification | ||||||
9 | is received by the
applicant. The Agency may grant a | ||||||
10 | reasonable extension for good cause
shown.
| ||||||
11 | iii. Failure by the applicant to adequately | ||||||
12 | respond by the date
specified in the notification or by | ||||||
13 | any granted extension date shall be grounds
for denial | ||||||
14 | of the permit.
| ||||||
15 | For purposes of obtaining judicial review under | ||||||
16 | Sections 40.2 and 41 of
this Act, the Agency shall | ||||||
17 | provide to USEPA and each applicant, and, upon
request, | ||||||
18 | to affected States, any person who participated in the | ||||||
19 | public comment
process, and any other person who could | ||||||
20 | obtain judicial review under Sections
40.2 and 41 of | ||||||
21 | this Act, a copy of each CAAPP permit or notification | ||||||
22 | of denial
pertaining to that party.
| ||||||
23 | d. The Agency shall have the authority to adopt | ||||||
24 | procedural rules, in
accordance with the Illinois | ||||||
25 | Administrative Procedure Act, as the Agency deems
| ||||||
26 | necessary, to implement this subsection.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | CAAPP permit covers emission units
at the source.
| ||||||
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 | 12. Operational Flexibility.
| ||||||
7 | a. An owner or operator of a CAAPP source may make | ||||||
8 | changes at the CAAPP
source without requiring a prior | ||||||
9 | permit revision, consistent with
subparagraphs (i) through | ||||||
10 | (iii) of paragraph (a) of this subsection, so long as the
| ||||||
11 | changes are not modifications under any provision of Title | ||||||
12 | I of the Clean
Air Act and they do not exceed the emissions | ||||||
13 | allowable under the permit
(whether expressed therein as a | ||||||
14 | rate of emissions or in terms of total
emissions), provided | ||||||
15 | that the owner or operator of the CAAPP source
provides | ||||||
16 | USEPA and the Agency with written notification as required | ||||||
17 | below in
advance of the proposed changes, which shall be a | ||||||
18 | minimum of 7 days, unless
otherwise provided by the Agency | ||||||
19 | in applicable regulations regarding
emergencies. The owner | ||||||
20 | or operator of a CAAPP source and the Agency shall
each | ||||||
21 | attach such notice to their copy of the relevant permit.
| ||||||
22 | i. An owner or operator of a CAAPP source may make
| ||||||
23 | Section 502 (b) (10) changes without a permit revision, | ||||||
24 | if the
changes are not modifications under any | ||||||
25 | provision of Title I of the Clean
Air Act and the |
| |||||||
| |||||||
1 | changes do not exceed the emissions allowable under the
| ||||||
2 | permit (whether expressed therein as a rate of | ||||||
3 | emissions or in terms of total emissions).
| ||||||
4 | A. For each such change, the written | ||||||
5 | notification required above shall
include a brief | ||||||
6 | description of the change within the source, the | ||||||
7 | date on
which the change will occur, any change in | ||||||
8 | emissions, and any permit term
or condition that is | ||||||
9 | no longer applicable as a result of the change.
| ||||||
10 | B. The permit shield described in paragraph(j) | ||||||
11 | of subsection 7 of this Section shall
not apply to | ||||||
12 | any change made pursuant to this subparagraph.
| ||||||
13 | ii. An owner or operator of a CAAPP source may | ||||||
14 | trade increases and
decreases in emissions in the CAAPP | ||||||
15 | source, where the applicable
implementation plan | ||||||
16 | provides for such emission trades without requiring a
| ||||||
17 | permit revision. This provision is available in those | ||||||
18 | cases where the
permit does not already provide for | ||||||
19 | such emissions trading.
| ||||||
20 | A. Under this subparagraph(ii) of paragraph | ||||||
21 | (a) of this subsection, the written notification | ||||||
22 | required
above shall include such information as | ||||||
23 | may be required by the provision in
the applicable | ||||||
24 | implementation plan authorizing the emissions | ||||||
25 | trade,
including at a minimum, when the proposed | ||||||
26 | changes will occur, a description
of each such |
| |||||||
| |||||||
1 | change, any change in emissions, the permit | ||||||
2 | requirements with
which the source will comply | ||||||
3 | using the emissions trading provisions of the
| ||||||
4 | applicable implementation plan, and the pollutants | ||||||
5 | emitted subject to the
emissions trade. The notice | ||||||
6 | shall also refer to the provisions in the
| ||||||
7 | applicable implementation plan with which the | ||||||
8 | source will comply and
provide for the emissions | ||||||
9 | trade.
| ||||||
10 | B. The permit shield described in paragraph(j) | ||||||
11 | of subsection 7 of this Section shall
not apply to | ||||||
12 | any change made pursuant to subparagraph (ii) of | ||||||
13 | paragraph (a) of this subsection.
Compliance with | ||||||
14 | the permit requirements that the source will meet | ||||||
15 | using the
emissions trade shall be determined | ||||||
16 | according to the requirements of the
applicable | ||||||
17 | implementation plan authorizing the emissions | ||||||
18 | trade.
| ||||||
19 | iii. If requested within a CAAPP application, the | ||||||
20 | Agency shall issue a
CAAPP permit which contains terms | ||||||
21 | and conditions, including all terms
required under | ||||||
22 | subsection 7 of this Section to determine compliance,
| ||||||
23 | allowing for the trading of emissions increases and | ||||||
24 | decreases at the CAAPP
source solely for the purpose of | ||||||
25 | complying with a federally-enforceable
emissions cap | ||||||
26 | that is established in the permit independent of |
| |||||||
| |||||||
1 | otherwise
applicable requirements. The owner or | ||||||
2 | operator of a CAAPP source shall include
in its CAAPP | ||||||
3 | application proposed replicable procedures and permit | ||||||
4 | terms that
ensure the emissions trades are | ||||||
5 | quantifiable and enforceable. The permit shall
also | ||||||
6 | require compliance with all applicable requirements.
| ||||||
7 | A. Under this subparagraph(iii) of paragraph | ||||||
8 | (a), the written notification required
above shall | ||||||
9 | state when the change will occur and shall describe | ||||||
10 | the changes
in emissions that will result and how | ||||||
11 | these increases and decreases in
emissions will | ||||||
12 | comply with the terms and conditions of the permit.
| ||||||
13 | B. The permit shield described in paragraph(j) | ||||||
14 | of subsection 7 of this Section shall
extend to | ||||||
15 | terms and conditions that allow such increases and | ||||||
16 | decreases in
emissions.
| ||||||
17 | b. An owner or operator of a CAAPP source may make | ||||||
18 | changes that are not
addressed or prohibited by the permit, | ||||||
19 | other than those which are subject to
any requirements | ||||||
20 | under Title IV of the Clean Air Act or are modifications | ||||||
21 | under
any provisions of Title I of the Clean Air Act, | ||||||
22 | without a permit
revision, in accordance with the following | ||||||
23 | requirements:
| ||||||
24 | (i) Each such change shall meet all applicable | ||||||
25 | requirements and shall
not violate any existing permit | ||||||
26 | term or condition;
|
| |||||||
| |||||||
1 | (ii) Sources must provide contemporaneous written | ||||||
2 | notice to the Agency
and USEPA of each such change, | ||||||
3 | except for changes that qualify as insignificant
under | ||||||
4 | provisions adopted by the Agency or the Board. Such | ||||||
5 | written notice shall
describe each such change, | ||||||
6 | including the date, any change in emissions,
| ||||||
7 | pollutants emitted, and any applicable requirement | ||||||
8 | that would apply as a result
of the change;
| ||||||
9 | (iii) The change shall not qualify for the shield | ||||||
10 | described in paragraph
(j) of subsection 7 of this | ||||||
11 | Section; and
| ||||||
12 | (iv) The permittee shall keep a record describing | ||||||
13 | changes made at the
source that result in emissions of | ||||||
14 | a regulated air pollutant subject to an
applicable | ||||||
15 | Clean Air Act requirement, but not otherwise regulated | ||||||
16 | under the
permit, and the emissions resulting from | ||||||
17 | those changes.
| ||||||
18 | c. 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 | 13. Administrative Permit Amendments.
| ||||||
23 | a. The Agency shall take final action on a
request for | ||||||
24 | an administrative permit amendment within 60 days after | ||||||
25 | receipt of the
request. Neither notice nor an opportunity |
| |||||||
| |||||||
1 | for public and affected State
comment shall be required for | ||||||
2 | the Agency to incorporate such revisions,
provided it | ||||||
3 | designates the permit revisions as having been made | ||||||
4 | pursuant to
this subsection.
| ||||||
5 | b. The Agency shall submit a copy of the revised permit | ||||||
6 | to USEPA.
| ||||||
7 | c. For purposes of this Section the term | ||||||
8 | "administrative permit amendment"
shall be defined as a | ||||||
9 | permit revision that can accomplish one or more of
the
| ||||||
10 | changes described below:
| ||||||
11 | i. Corrects typographical errors;
| ||||||
12 | ii. Identifies a change in the name, address, or | ||||||
13 | phone number of any
person identified in the permit, or | ||||||
14 | provides a similar minor administrative
change at the | ||||||
15 | source;
| ||||||
16 | iii. Requires more frequent monitoring or | ||||||
17 | reporting by the permittee;
| ||||||
18 | iv. Allows for a change in ownership or operational | ||||||
19 | control of a source
where the Agency determines that no | ||||||
20 | other change in the permit is necessary,
provided that | ||||||
21 | a written agreement containing a specific date for | ||||||
22 | transfer of
permit responsibility, coverage, and | ||||||
23 | liability between the current and new
permittees has | ||||||
24 | been submitted to the Agency;
| ||||||
25 | v. Incorporates into the CAAPP permit the | ||||||
26 | requirements from
preconstruction review permits |
| |||||||
| |||||||
1 | authorized under a USEPA-approved program,
provided | ||||||
2 | the program meets procedural and compliance | ||||||
3 | requirements substantially
equivalent to those | ||||||
4 | contained in this Section;
| ||||||
5 | vi. (Blank); or
| ||||||
6 | vii. Any other type of change which USEPA has | ||||||
7 | determined as part of
the
approved CAAPP permit program | ||||||
8 | to be similar to those included in this
subsection.
| ||||||
9 | d. The Agency shall, upon taking final action granting | ||||||
10 | a request for
an administrative permit amendment, allow | ||||||
11 | coverage by the permit shield in
paragraph(j) of subsection | ||||||
12 | 7 of this Section for administrative permit amendments made
| ||||||
13 | pursuant to subparagraph(v) of paragraph (c) of this | ||||||
14 | subsection which meet the relevant
requirements for | ||||||
15 | significant permit modifications.
| ||||||
16 | e. Permit revisions and modifications, including | ||||||
17 | administrative amendments
and automatic amendments | ||||||
18 | (pursuant to Sections 408(b) and 403(d) of the Clean
Air | ||||||
19 | Act or regulations promulgated thereunder), for purposes | ||||||
20 | of the acid rain
portion of the permit shall be governed by | ||||||
21 | the regulations promulgated under
Title IV of the Clean Air | ||||||
22 | Act. Owners or operators of affected sources for
acid | ||||||
23 | deposition shall have the flexibility to amend their | ||||||
24 | compliance plans as
provided in the regulations | ||||||
25 | promulgated under Title IV of the Clean Air Act.
| ||||||
26 | f. The CAAPP source may implement the changes addressed |
| |||||||
| |||||||
1 | in the
request for an administrative permit amendment | ||||||
2 | immediately upon submittal of
the request.
| ||||||
3 | g. The Agency shall have the authority to adopt | ||||||
4 | procedural rules, in
accordance with the Illinois | ||||||
5 | Administrative Procedure Act, as the Agency
deems | ||||||
6 | necessary, to implement this subsection.
| ||||||
7 | 14. Permit Modifications.
| ||||||
8 | a. Minor permit modification procedures.
| ||||||
9 | i. The Agency shall review a permit modification | ||||||
10 | using the "minor
permit" modification procedures only | ||||||
11 | for those permit modifications that:
| ||||||
12 | A. Do not violate any applicable requirement;
| ||||||
13 | B. Do not involve significant changes to | ||||||
14 | existing monitoring,
reporting, or recordkeeping | ||||||
15 | requirements in the permit;
| ||||||
16 | C. Do not require a case-by-case determination | ||||||
17 | of an emission
limitation or other standard, or a | ||||||
18 | source-specific determination of ambient
impacts, | ||||||
19 | or a visibility or increment analysis;
| ||||||
20 | D. Do not seek to establish or change a permit | ||||||
21 | term or condition
for which there is no | ||||||
22 | corresponding underlying requirement and which | ||||||
23 | avoids an
applicable requirement to which the | ||||||
24 | source would otherwise be subject. Such
terms and | ||||||
25 | conditions include:
|
| |||||||
| |||||||
1 | 1. A federally enforceable emissions cap | ||||||
2 | assumed to avoid
classification as a | ||||||
3 | modification under any provision of Title I of | ||||||
4 | the Clean
Air Act; and
| ||||||
5 | 2. An alternative emissions limit approved | ||||||
6 | pursuant to regulations
promulgated under | ||||||
7 | Section 112(i)(5) of the Clean Air Act;
| ||||||
8 | E. Are not modifications under any provision | ||||||
9 | of Title I of the Clean
Air Act; and
| ||||||
10 | F. Are not required to be processed as a | ||||||
11 | significant modification.
| ||||||
12 | ii. Notwithstanding subparagraph(i) of paragraph | ||||||
13 | (a) and subparagraph(ii) of paragraph (b) of this | ||||||
14 | subsection,
minor permit modification procedures may | ||||||
15 | be used for permit modifications
involving the use of | ||||||
16 | economic incentives, marketable permits, emissions
| ||||||
17 | trading, and other similar approaches, to the extent | ||||||
18 | that such minor permit
modification procedures are | ||||||
19 | explicitly provided for in an applicable
| ||||||
20 | implementation plan or in applicable requirements | ||||||
21 | promulgated by USEPA.
| ||||||
22 | iii. An applicant requesting the use of minor | ||||||
23 | permit modification
procedures shall meet the | ||||||
24 | requirements of subsection 5 of this Section and
shall | ||||||
25 | include the following in its application:
| ||||||
26 | A. A description of the change, the emissions |
| |||||||
| |||||||
1 | resulting from the
change,
and any new applicable | ||||||
2 | requirements that will apply if the change occurs;
| ||||||
3 | B. The source's suggested draft permit;
| ||||||
4 | C. Certification by a responsible official, | ||||||
5 | consistent with
paragraph(e) of subsection 5 of | ||||||
6 | this Section and applicable regulations, that the | ||||||
7 | proposed
modification meets the criteria for use | ||||||
8 | of minor permit modification
procedures and a | ||||||
9 | request that such procedures be used; and
| ||||||
10 | D. Completed forms for the Agency to use to | ||||||
11 | notify USEPA and affected
States as required under | ||||||
12 | subsections 8 and 9 of this Section.
| ||||||
13 | iv. Within 5 working days after receipt of a | ||||||
14 | complete permit modification
application, the Agency | ||||||
15 | shall notify USEPA and affected States of the
requested | ||||||
16 | permit modification in accordance with subsections 8 | ||||||
17 | and 9 of
this Section. The Agency promptly shall send | ||||||
18 | any notice required under
paragraph(d) of subsection 8 | ||||||
19 | of this Section to USEPA.
| ||||||
20 | v. The Agency may not issue a final permit | ||||||
21 | modification until after the
45-day review period for | ||||||
22 | USEPA or until USEPA has notified the Agency that
USEPA | ||||||
23 | will not object to the issuance of the permit | ||||||
24 | modification, whichever
comes first, although the | ||||||
25 | Agency can approve the permit modification prior to
| ||||||
26 | that time. Within 90 days after the Agency's receipt of |
| |||||||
| |||||||
1 | an application under the
minor permit modification | ||||||
2 | procedures or 15 days after the end of USEPA's 45-day
| ||||||
3 | review period under subsection 9 of this Section, | ||||||
4 | whichever is later, the
Agency shall:
| ||||||
5 | A. Issue the permit modification as proposed;
| ||||||
6 | B. Deny the permit modification application;
| ||||||
7 | C. Determine that the requested modification | ||||||
8 | does not meet the minor
permit modification | ||||||
9 | criteria and should be reviewed under the | ||||||
10 | significant
modification procedures; or
| ||||||
11 | D. Revise the draft permit modification and | ||||||
12 | transmit to USEPA the new
proposed permit | ||||||
13 | modification as required by subsection 9 of this | ||||||
14 | Section.
| ||||||
15 | vi. Any CAAPP source may make the change proposed | ||||||
16 | in its minor permit
modification application | ||||||
17 | immediately after it files such application. After
the | ||||||
18 | CAAPP source makes the change allowed by the preceding | ||||||
19 | sentence, and
until the Agency takes any of the actions | ||||||
20 | specified in items(A) through(C) of subparagraph (v) | ||||||
21 | of paragraph (a) of this subsection, the source must | ||||||
22 | comply with
both the applicable requirements governing | ||||||
23 | the change and the proposed
permit terms and | ||||||
24 | conditions. During this time period, the source need | ||||||
25 | not
comply with the existing permit terms and | ||||||
26 | conditions it seeks to modify.
If the source fails to |
| |||||||
| |||||||
1 | comply with its proposed permit terms and conditions
| ||||||
2 | during this time period, the existing permit terms and | ||||||
3 | conditions which it
seeks to modify may be enforced | ||||||
4 | against it.
| ||||||
5 | vii. The permit shield under paragraph (j) of | ||||||
6 | subsection 7 of this Section may not
extend to minor | ||||||
7 | permit modifications.
| ||||||
8 | viii. If a construction permit is required, | ||||||
9 | pursuant to subsection (a) of Section 39 of
this Act | ||||||
10 | and regulations thereunder, for a change for which the | ||||||
11 | minor
permit modification procedures are applicable, | ||||||
12 | the source may request that
the processing of the | ||||||
13 | construction permit application be consolidated with
| ||||||
14 | the processing of the application for the minor permit | ||||||
15 | modification. In
such cases, the provisions of this | ||||||
16 | Section, including those within
subsections 5, 8, and | ||||||
17 | 9, shall apply and the Agency shall act on such
| ||||||
18 | applications pursuant to subparagraph(v) of paragraph | ||||||
19 | (a) of subsection 14 of this Section. The source may | ||||||
20 | make the
proposed change immediately after filing its | ||||||
21 | application for the minor
permit modification. Nothing | ||||||
22 | in this subparagraph shall otherwise affect
the | ||||||
23 | requirements and procedures applicable to construction | ||||||
24 | permits.
| ||||||
25 | b. Group Processing of Minor Permit Modifications.
| ||||||
26 | i. Where requested by an applicant within its |
| |||||||
| |||||||
1 | application, the
Agency shall process groups of a | ||||||
2 | source's applications for certain
modifications | ||||||
3 | eligible for minor permit modification processing in
| ||||||
4 | accordance with the provisions of this paragraph (b).
| ||||||
5 | ii. Permit modifications may be processed in | ||||||
6 | accordance with the
procedures for group processing, | ||||||
7 | for those modifications:
| ||||||
8 | A. Which meet the criteria for minor permit | ||||||
9 | modification procedures
under subparagraph(i) of | ||||||
10 | paragraph (a) of subsection 14 of this Section; and
| ||||||
11 | B. That collectively are below 10 percent of | ||||||
12 | the emissions allowed by
the permit for the | ||||||
13 | emissions unit for which change is requested, 20 | ||||||
14 | percent
of the applicable definition of major | ||||||
15 | source set forth in subsection 2 of
this Section, | ||||||
16 | or 5 tons per year, whichever is least.
| ||||||
17 | iii. An applicant requesting the use of group | ||||||
18 | processing procedures
shall
meet the requirements of | ||||||
19 | subsection 5 of this Section and shall include the
| ||||||
20 | following in its application:
| ||||||
21 | A. A description of the change, the emissions | ||||||
22 | resulting from the
change, and any new applicable | ||||||
23 | requirements that will apply if the change
occurs.
| ||||||
24 | B. The source's suggested draft permit.
| ||||||
25 | C. Certification by a responsible official | ||||||
26 | consistent with paragraph
(e) of subsection 5 of |
| |||||||
| |||||||
1 | this Section, that the proposed modification meets | ||||||
2 | the criteria for
use of group processing | ||||||
3 | procedures and a request that such procedures be | ||||||
4 | used.
| ||||||
5 | D. A list of the source's other pending | ||||||
6 | applications awaiting group
processing, and a | ||||||
7 | determination of whether the requested | ||||||
8 | modification,
aggregated with these other | ||||||
9 | applications, equals or exceeds the threshold
set | ||||||
10 | under item(B) of subparagraph (ii) of paragraph | ||||||
11 | (b) of this subsection.
| ||||||
12 | E. Certification, consistent with paragraph(e) | ||||||
13 | of subsection 5 of this Section, that the source | ||||||
14 | has
notified USEPA of the proposed modification. | ||||||
15 | Such notification need only
contain a brief | ||||||
16 | description of the requested modification.
| ||||||
17 | F. Completed forms for the Agency to use to | ||||||
18 | notify USEPA and affected
states as required under | ||||||
19 | subsections 8 and 9 of this Section.
| ||||||
20 | iv. On a quarterly basis or within 5 business days | ||||||
21 | after receipt of an
application demonstrating that the | ||||||
22 | aggregate of a source's pending
applications equals or | ||||||
23 | exceeds the threshold level set forth within item
(B) | ||||||
24 | of subparagraph (ii) of paragraph (b) of this | ||||||
25 | subsection, whichever is earlier, the
Agency shall | ||||||
26 | promptly notify USEPA and affected States of the |
| |||||||
| |||||||
1 | requested
permit modifications in accordance with | ||||||
2 | subsections 8 and 9 of this
Section. The Agency shall | ||||||
3 | send any notice required under paragraph(d) of | ||||||
4 | subsection 8 of
this Section to USEPA.
| ||||||
5 | v. The provisions of subparagraph(v) of paragraph | ||||||
6 | (a) of this subsection shall apply
to modifications | ||||||
7 | eligible for group processing, except that the Agency
| ||||||
8 | shall take one of the actions specified in items(A) | ||||||
9 | through
(D) of subparagraph (v) of paragraph (a) of | ||||||
10 | this subsection within 180 days after receipt of the | ||||||
11 | application
or 15 days after the end of USEPA's 45-day | ||||||
12 | review period under subsection 9
of this Section, | ||||||
13 | whichever is later.
| ||||||
14 | vi. The provisions of subparagraph(vi) of | ||||||
15 | paragraph (a) of this subsection shall
apply to | ||||||
16 | modifications for group processing.
| ||||||
17 | vii. The provisions of paragraph(j) of subsection | ||||||
18 | 7 of this Section shall not
apply to
modifications | ||||||
19 | eligible for group processing.
| ||||||
20 | c. Significant Permit Modifications.
| ||||||
21 | i. Significant modification procedures shall be | ||||||
22 | used for applications
requesting significant permit | ||||||
23 | modifications and for those applications that do
not | ||||||
24 | qualify as either minor permit modifications or as | ||||||
25 | administrative permit
amendments.
| ||||||
26 | ii. Every significant change in existing |
| |||||||
| |||||||
1 | monitoring permit terms or
conditions and every | ||||||
2 | relaxation of reporting or recordkeeping requirements
| ||||||
3 | shall be considered significant. A modification shall | ||||||
4 | also be considered
significant if in the judgment of | ||||||
5 | the Agency action on an application for
modification | ||||||
6 | would require decisions to be made on technically | ||||||
7 | complex issues.
Nothing herein shall be construed to | ||||||
8 | preclude the permittee from making changes
consistent | ||||||
9 | with this Section that would render existing permit | ||||||
10 | compliance terms
and conditions irrelevant.
| ||||||
11 | iii. Significant permit modifications must meet | ||||||
12 | all the requirements of
this Section, including those | ||||||
13 | for applications (including completeness review),
| ||||||
14 | public participation, review by affected States, and | ||||||
15 | review by USEPA applicable
to initial permit issuance | ||||||
16 | and permit renewal. The Agency shall take final
action | ||||||
17 | on significant permit modifications within 9 months | ||||||
18 | after receipt of a
complete application.
| ||||||
19 | d. The Agency shall have the authority to adopt | ||||||
20 | procedural rules, in
accordance with the Illinois | ||||||
21 | Administrative Procedure Act, as the Agency deems
| ||||||
22 | necessary, to implement this subsection.
| ||||||
23 | 15. Reopenings for Cause by the Agency.
| ||||||
24 | a. Each issued CAAPP permit shall include provisions | ||||||
25 | specifying the
conditions under which the permit will be |
| |||||||
| |||||||
1 | reopened prior to the expiration of
the permit. Such | ||||||
2 | revisions shall be made as expeditiously as practicable. A
| ||||||
3 | CAAPP permit shall be reopened and revised under any of the | ||||||
4 | following
circumstances, in accordance with procedures | ||||||
5 | adopted by the Agency:
| ||||||
6 | i. Additional requirements under the Clean Air Act | ||||||
7 | become applicable to
a major CAAPP source for which 3 | ||||||
8 | or more years remain on the original term of
the | ||||||
9 | permit. Such a reopening shall be completed not later | ||||||
10 | than 18 months after
the promulgation of the applicable | ||||||
11 | requirement. No such revision is required
if the | ||||||
12 | effective date of the requirement is later than the | ||||||
13 | date on which the
permit is due to expire.
| ||||||
14 | ii. Additional requirements (including excess | ||||||
15 | emissions requirements)
become applicable to an | ||||||
16 | affected source for acid deposition under the acid rain
| ||||||
17 | program. Excess emissions offset plans shall be deemed | ||||||
18 | to be incorporated into
the permit upon approval by | ||||||
19 | USEPA.
| ||||||
20 | iii. The Agency or USEPA determines that the permit | ||||||
21 | contains a material
mistake or that inaccurate | ||||||
22 | statements were made in establishing the emissions
| ||||||
23 | standards, limitations, or other terms or conditions | ||||||
24 | of the permit.
| ||||||
25 | iv. The Agency or USEPA determines that the permit | ||||||
26 | must be revised or
revoked to assure compliance with |
| |||||||
| |||||||
1 | the applicable requirements.
| ||||||
2 | b. In the event that the Agency determines that there | ||||||
3 | are grounds for
revoking a CAAPP permit, for cause, | ||||||
4 | consistent with paragraph a of this
subsection, it shall | ||||||
5 | file a petition before the Board
setting forth the basis | ||||||
6 | for such revocation. In any such proceeding, the
Agency | ||||||
7 | shall have the burden of establishing that the permit | ||||||
8 | should be
revoked under the standards set forth in this Act | ||||||
9 | and the Clean Air Act.
Any such proceeding shall be | ||||||
10 | conducted pursuant to the Board's procedures
for | ||||||
11 | adjudicatory hearings and the Board shall render its | ||||||
12 | decision within
120 days of the filing of the petition. The | ||||||
13 | Agency shall take final action to
revoke and reissue a | ||||||
14 | CAAPP permit consistent with the Board's order.
| ||||||
15 | c. Proceedings regarding a reopened CAAPP permit shall | ||||||
16 | follow the same
procedures as apply to initial permit | ||||||
17 | issuance and shall affect only those
parts of the permit | ||||||
18 | for which cause to reopen exists.
| ||||||
19 | d. Reopenings under paragraph (a) of this subsection | ||||||
20 | shall not be
initiated before a notice of such intent is | ||||||
21 | provided to the CAAPP source by the
Agency at least 30 days | ||||||
22 | in advance of the date that the permit is to be
reopened, | ||||||
23 | except that the Agency may provide a shorter time period in | ||||||
24 | the case
of an emergency.
| ||||||
25 | e. The Agency shall have the authority to adopt | ||||||
26 | procedural rules, in
accordance with the Illinois |
| |||||||
| |||||||
1 | Administrative Procedure Act, as the Agency deems
| ||||||
2 | necessary, to implement this subsection.
| ||||||
3 | 16. Reopenings for Cause by USEPA.
| ||||||
4 | a. When USEPA finds that cause exists to terminate, | ||||||
5 | modify, or revoke and
reissue a CAAPP permit pursuant to | ||||||
6 | subsection 15 of this Section, and
thereafter notifies the | ||||||
7 | Agency and the permittee of such finding in writing,
the | ||||||
8 | Agency shall forward to USEPA and the permittee a proposed | ||||||
9 | determination of
termination, modification, or revocation | ||||||
10 | and reissuance as appropriate, in
accordance with | ||||||
11 | paragraph (b) of this subsection. The Agency's proposed
| ||||||
12 | determination shall be in accordance with the record, the | ||||||
13 | Clean Air Act,
regulations promulgated thereunder, this | ||||||
14 | Act and regulations promulgated
thereunder. Such proposed | ||||||
15 | determination shall not affect the permit or
constitute a | ||||||
16 | final permit action for purposes of this Act or the | ||||||
17 | Administrative
Review Law. The Agency shall forward to | ||||||
18 | USEPA such proposed determination
within 90 days after | ||||||
19 | receipt of the notification from USEPA. If additional time
| ||||||
20 | is necessary to submit the proposed determination, the | ||||||
21 | Agency shall request a
90-day extension from USEPA and | ||||||
22 | shall submit the proposed determination within
180 days | ||||||
23 | after receipt of notification from USEPA.
| ||||||
24 | b. i. Prior to the Agency's submittal to USEPA of a | ||||||
25 | proposed
determination to terminate or revoke and |
| |||||||
| |||||||
1 | reissue the permit, the Agency shall
file a petition | ||||||
2 | before the Board setting forth USEPA's objection, the | ||||||
3 | permit
record, the Agency's proposed determination, | ||||||
4 | and the justification for its
proposed determination. | ||||||
5 | The Board shall conduct a hearing pursuant to the rules
| ||||||
6 | prescribed by Section 32 of this Act, and the burden of | ||||||
7 | proof shall be on the
Agency.
| ||||||
8 | ii. After due consideration of the written and oral | ||||||
9 | statements, the
testimony and arguments that shall be | ||||||
10 | submitted at hearing, the Board shall
issue and enter | ||||||
11 | an interim order for the proposed determination, which | ||||||
12 | shall
set forth all changes, if any, required in the | ||||||
13 | Agency's proposed determination.
The interim order | ||||||
14 | shall comply with the requirements for final orders as | ||||||
15 | set
forth in Section 33 of this Act. Issuance of an | ||||||
16 | interim order by the Board
under this paragraph, | ||||||
17 | however, shall not affect the permit status and does | ||||||
18 | not
constitute a final action for purposes of this Act | ||||||
19 | or the Administrative Review
Law.
| ||||||
20 | iii. The Board shall cause a copy of its interim | ||||||
21 | order to be served upon
all parties to the proceeding | ||||||
22 | as well as upon USEPA. The Agency shall submit
the | ||||||
23 | proposed determination to USEPA in accordance with the | ||||||
24 | Board's Interim
Order within 180 days after receipt of | ||||||
25 | the notification from USEPA.
| ||||||
26 | c. USEPA shall review the proposed determination to |
| |||||||
| |||||||
1 | terminate,
modify, or revoke and reissue the permit within | ||||||
2 | 90 days after receipt.
| ||||||
3 | i. When USEPA reviews the proposed determination | ||||||
4 | to terminate or revoke
and reissue and does not object, | ||||||
5 | the Board shall, within 7 days after receipt of
USEPA's | ||||||
6 | final approval, enter the interim order as a final | ||||||
7 | order. The final
order may be appealed as provided by | ||||||
8 | Title XI of this Act. The Agency shall
take final | ||||||
9 | action in accordance with the Board's final order.
| ||||||
10 | ii. When USEPA reviews such proposed determination
| ||||||
11 | to terminate or revoke and reissue and objects, the | ||||||
12 | Agency shall submit
USEPA's objection and the Agency's | ||||||
13 | comments and recommendation on the objection
to the | ||||||
14 | Board and permittee. The Board shall review its interim | ||||||
15 | order in
response to USEPA's objection and the Agency's | ||||||
16 | comments and recommendation and
issue a final order in | ||||||
17 | accordance with Sections 32 and 33 of this Act. The
| ||||||
18 | Agency shall, within 90 days after receipt of such | ||||||
19 | objection, respond to
USEPA's objection in accordance | ||||||
20 | with the Board's final order.
| ||||||
21 | iii. When USEPA reviews such proposed | ||||||
22 | determination to modify and
objects, the Agency shall, | ||||||
23 | within 90 days after receipt of the objection,
resolve | ||||||
24 | the objection and modify the permit in accordance with | ||||||
25 | USEPA's
objection, based upon the record, the Clean Air | ||||||
26 | Act, regulations promulgated
thereunder, this Act, and |
| |||||||
| |||||||
1 | regulations promulgated thereunder.
| ||||||
2 | d. If the Agency fails to submit the proposed | ||||||
3 | determination pursuant to
paragraph a of this subsection or | ||||||
4 | fails to resolve any USEPA objection
pursuant to paragraph | ||||||
5 | c of this subsection, USEPA will terminate, modify, or
| ||||||
6 | revoke and reissue the permit.
| ||||||
7 | e. The Agency shall have the authority to adopt | ||||||
8 | procedural rules, in
accordance with the Illinois | ||||||
9 | Administrative Procedure Act, as the Agency deems
| ||||||
10 | necessary, to implement this subsection.
| ||||||
11 | 17. Title IV; Acid Rain Provisions.
| ||||||
12 | a. The Agency shall act on initial CAAPP applications | ||||||
13 | for affected
sources for acid deposition in accordance with | ||||||
14 | this Section and Title V of
the Clean Air Act and | ||||||
15 | regulations promulgated thereunder, except as
modified by | ||||||
16 | Title IV of the Clean Air Act and regulations promulgated
| ||||||
17 | thereunder. The Agency shall issue initial CAAPP permits to | ||||||
18 | the affected
sources for acid deposition which shall become | ||||||
19 | effective no earlier than
January 1, 1995, and which shall | ||||||
20 | terminate on December 31, 1999, in
accordance with this | ||||||
21 | Section. Subsequent CAAPP permits issued to affected
| ||||||
22 | sources for acid deposition shall be issued for a fixed | ||||||
23 | term of 5 years.
Title IV of the Clean Air Act and | ||||||
24 | regulations promulgated thereunder,
including but not | ||||||
25 | limited to 40 C.F.R. Part 72, as now or hereafter amended,
|
| |||||||
| |||||||
1 | are
applicable to and enforceable under this Act.
| ||||||
2 | b. A designated representative of an affected source | ||||||
3 | for acid deposition
shall submit a timely and complete | ||||||
4 | Phase II acid rain permit application and
compliance plan | ||||||
5 | to the Agency, not later than January 1, 1996, that meets | ||||||
6 | the
requirements of Titles IV and V of the Clean Air Act | ||||||
7 | and regulations. The
Agency shall act on the Phase II acid | ||||||
8 | rain permit application and compliance
plan in accordance | ||||||
9 | with this Section and Title V of the Clean Air Act and
| ||||||
10 | regulations promulgated thereunder, except as modified by | ||||||
11 | Title IV of the Clean
Air Act and regulations promulgated | ||||||
12 | thereunder. The Agency shall issue the
Phase II acid rain | ||||||
13 | permit to an affected source for acid deposition no later
| ||||||
14 | than December 31, 1997, which shall become effective on | ||||||
15 | January 1, 2000, in
accordance with this Section, except as | ||||||
16 | modified by Title IV and regulations
promulgated | ||||||
17 | thereunder; provided that the designated representative of | ||||||
18 | the
source submitted a timely and complete Phase II permit | ||||||
19 | application and
compliance plan to the Agency that meets | ||||||
20 | the requirements of Title IV and V of
the Clean Air Act and | ||||||
21 | regulations.
| ||||||
22 | c. Each Phase II acid rain permit issued in accordance | ||||||
23 | with this
subsection shall have a fixed term of 5 years. | ||||||
24 | Except as provided in paragraph
b above, the Agency shall | ||||||
25 | issue or deny a Phase II acid rain permit within 18
months | ||||||
26 | of receiving a complete Phase II permit application and |
| |||||||
| |||||||
1 | compliance plan.
| ||||||
2 | d. A designated representative of a new unit, as | ||||||
3 | defined in Section 402 of
the Clean Air Act, shall submit a | ||||||
4 | timely and complete Phase II acid rain permit
application | ||||||
5 | and compliance plan that meets the requirements of Titles | ||||||
6 | IV and V
of the Clean Air Act and its regulations. The | ||||||
7 | Agency shall act on the new
unit's Phase II acid rain | ||||||
8 | permit application and compliance plan in accordance
with | ||||||
9 | this Section and Title V of the Clean Air Act and its | ||||||
10 | regulations, except
as modified by Title IV of the Clean | ||||||
11 | Air Act and its regulations. The Agency
shall reopen the | ||||||
12 | new unit's CAAPP permit for cause to incorporate the | ||||||
13 | approved
Phase II acid rain permit in accordance with this | ||||||
14 | Section. The Phase II acid
rain permit for the new unit | ||||||
15 | shall become effective no later than the date
required | ||||||
16 | under Title IV of the Clean Air Act and its regulations.
| ||||||
17 | e. A designated representative of an affected source | ||||||
18 | for acid deposition
shall submit a timely and complete | ||||||
19 | Title IV NOx permit application to the
Agency, not later | ||||||
20 | than January 1, 1998, that meets the requirements of Titles
| ||||||
21 | IV and V of the Clean Air Act and its regulations. The | ||||||
22 | Agency shall reopen the
Phase II acid rain permit for cause | ||||||
23 | and incorporate the approved NOx provisions
into the Phase | ||||||
24 | II acid rain permit not later than January 1, 1999, in
| ||||||
25 | accordance with this Section, except as modified by Title | ||||||
26 | IV of the Clean Air
Act and regulations promulgated |
| |||||||
| |||||||
1 | thereunder. Such reopening shall not affect the
term of the | ||||||
2 | Phase II acid rain permit.
| ||||||
3 | f. The designated representative of the affected | ||||||
4 | source for acid
deposition shall renew the initial CAAPP | ||||||
5 | permit and Phase II acid rain permit
in accordance with | ||||||
6 | this Section and Title V of the Clean Air Act and
| ||||||
7 | regulations promulgated thereunder, except as modified by | ||||||
8 | Title IV of the Clean
Air Act and regulations promulgated | ||||||
9 | thereunder.
| ||||||
10 | g. In the case of an affected source for acid | ||||||
11 | deposition for which a
complete Phase II acid rain permit | ||||||
12 | application and compliance plan are timely
received under | ||||||
13 | this subsection, the complete permit application and | ||||||
14 | compliance
plan, including amendments thereto, shall be | ||||||
15 | binding on the owner, operator and
designated | ||||||
16 | representative, all affected units for acid deposition at | ||||||
17 | the
affected source, and any other unit, as defined in | ||||||
18 | Section 402 of the Clean Air
Act, governed by the Phase II | ||||||
19 | acid rain permit application and shall be
enforceable as an | ||||||
20 | acid rain permit for purposes of Titles IV and V of the | ||||||
21 | Clean
Air Act, from the date of submission of the acid rain | ||||||
22 | permit application until
a Phase II acid rain permit is | ||||||
23 | issued or denied by the Agency.
| ||||||
24 | h. The Agency shall not include or implement any | ||||||
25 | measure which would
interfere with or modify the | ||||||
26 | requirements of Title IV of the Clean Air Act
or |
| |||||||
| |||||||
1 | regulations promulgated thereunder.
| ||||||
2 | i. Nothing in this Section shall be construed as | ||||||
3 | affecting allowances or
USEPA's decision regarding an | ||||||
4 | excess emissions offset plan, as set forth in
Title IV of | ||||||
5 | the Clean Air Act or regulations promulgated thereunder.
| ||||||
6 | i. No permit revision shall be required for | ||||||
7 | increases in emissions that
are authorized by | ||||||
8 | allowances acquired pursuant to the acid rain program,
| ||||||
9 | provided that such increases do not require a permit | ||||||
10 | revision under any other
applicable requirement.
| ||||||
11 | ii. No limit shall be placed on the number of | ||||||
12 | allowances held by the
source. The source may not, | ||||||
13 | however, use allowances as a defense to
noncompliance | ||||||
14 | with any other applicable requirement.
| ||||||
15 | iii. Any such allowance shall be accounted for | ||||||
16 | according to the
procedures established in regulations | ||||||
17 | promulgated under Title IV of the Clean
Air Act.
| ||||||
18 | j. To the extent that the federal regulations | ||||||
19 | promulgated under Title
IV,
including but not limited to 40 | ||||||
20 | C.F.R. Part 72, as now or hereafter amended,
are | ||||||
21 | inconsistent with the federal regulations promulgated | ||||||
22 | under Title V, the
federal regulations promulgated under | ||||||
23 | Title IV shall take precedence.
| ||||||
24 | k. The USEPA may intervene as a matter of right in any | ||||||
25 | permit appeal
involving a Phase II acid rain permit | ||||||
26 | provision or denial of a Phase II acid
rain permit.
|
| |||||||
| |||||||
1 | l. It is unlawful for any owner or operator
to violate | ||||||
2 | any terms or conditions of a Phase II acid rain permit
| ||||||
3 | issued under this subsection, to operate any affected | ||||||
4 | source for acid
deposition except in compliance with a | ||||||
5 | Phase II acid rain permit issued by the
Agency under this | ||||||
6 | subsection, or to violate any other applicable | ||||||
7 | requirements.
| ||||||
8 | m. The designated representative of an affected source | ||||||
9 | for acid
deposition shall submit to the Agency the data and | ||||||
10 | information submitted
quarterly to USEPA, pursuant to 40 | ||||||
11 | CFR 75.64, concurrently with the submission
to USEPA. The | ||||||
12 | submission shall be in the same electronic format as | ||||||
13 | specified by
USEPA.
| ||||||
14 | n. The Agency shall act on any petition for exemption | ||||||
15 | of a new unit or
retired unit, as those terms are defined | ||||||
16 | in Section 402 of the Clean Air Act,
from the requirements | ||||||
17 | of the acid rain program in accordance with Title IV of
the | ||||||
18 | Clean Air Act and its regulations.
| ||||||
19 | o. The Agency shall have the authority to adopt | ||||||
20 | procedural rules, in
accordance with the Illinois | ||||||
21 | Administrative Procedure Act, as the Agency
deems | ||||||
22 | necessary to implement this subsection.
| ||||||
23 | 18. Fee Provisions.
| ||||||
24 | a. A source subject to this Section or excluded under | ||||||
25 | subsection 1.1 or paragraph (c) of subsection 3
of this |
| |||||||
| |||||||
1 | Section, shall pay a fee as provided in this paragraph (a) | ||||||
2 | of
subsection 18. However, a source that has been excluded | ||||||
3 | from the provisions
of this Section under subsection 1.1 or | ||||||
4 | under paragraph (c) of subsection 3 of this Section
because | ||||||
5 | the source emits less than 25 tons per year of any | ||||||
6 | combination of
regulated air pollutants, except greenhouse | ||||||
7 | gases, shall pay fees in accordance with paragraph (1) of
| ||||||
8 | subsection (b) of Section 9.6.
| ||||||
9 | i. The fee for a source allowed to emit less than | ||||||
10 | 100 tons per year
of any combination of regulated air | ||||||
11 | pollutants, except greenhouse gases, shall be $1,800
| ||||||
12 | per year, and that fee shall increase, beginning | ||||||
13 | January 1, 2012, to $2,150 per year.
| ||||||
14 | ii. The fee for a source allowed to emit 100 tons | ||||||
15 | or more per year of
any combination of regulated air | ||||||
16 | pollutants, except greenhouse gases and those | ||||||
17 | regulated air
pollutants excluded in paragraph(f) of | ||||||
18 | this subsection 18, shall be as follows:
| ||||||
19 | A. The Agency shall assess a fee of $18 per
| ||||||
20 | ton, per year for
the allowable emissions of | ||||||
21 | regulated air pollutants subject to this | ||||||
22 | subparagraph (ii) of paragraph (a) of subsection | ||||||
23 | 18, and that fee shall increase, beginning January | ||||||
24 | 1, 2012, to $21.50 per ton, per year. These fees | ||||||
25 | shall be used by the Agency and
the Board to
fund | ||||||
26 | the activities required by Title V of the Clean Air |
| |||||||
| |||||||
1 | Act including such
activities as may be carried out | ||||||
2 | by other State or local agencies pursuant to
| ||||||
3 | paragraph
(d) of this subsection. The amount of | ||||||
4 | such fee shall be based on
the
information supplied | ||||||
5 | by the applicant in its complete CAAPP permit
| ||||||
6 | application or in the CAAPP permit if the permit | ||||||
7 | has been granted and shall be
determined by the | ||||||
8 | amount of emissions that the source is allowed to | ||||||
9 | emit
annually, provided however, that the maximum | ||||||
10 | fee for a CAAPP permit under this subparagraph (ii) | ||||||
11 | of paragraph (a) of subsection 18 is $250,000, and | ||||||
12 | increases, beginning January 1, 2012, to $294,000. | ||||||
13 | Beginning January 1, 2012, the maximum fee under | ||||||
14 | this subparagraph (ii) of paragraph (a) of | ||||||
15 | subsection 18 for a source that has been excluded | ||||||
16 | under subsection 1.1 of this Section or under | ||||||
17 | paragraph (c) of subsection 3 of this Section is | ||||||
18 | $4,112. The Agency shall provide as part
of the | ||||||
19 | permit
application form required under subsection | ||||||
20 | 5 of this Section a separate fee
calculation form | ||||||
21 | which will allow the applicant to identify the | ||||||
22 | allowable
emissions and calculate the fee. In no | ||||||
23 | event
shall the Agency raise the amount of | ||||||
24 | allowable emissions requested by the
applicant | ||||||
25 | unless such increases are required to demonstrate | ||||||
26 | compliance with
terms of a CAAPP permit.
|
| |||||||
| |||||||
1 | Notwithstanding the above, any applicant may | ||||||
2 | seek a change in its
permit which would result in | ||||||
3 | increases in allowable emissions due to an
| ||||||
4 | increase in the hours of operation or production | ||||||
5 | rates of an emission unit
or units and such a | ||||||
6 | change shall be consistent with the
construction | ||||||
7 | permit requirements of the existing State permit | ||||||
8 | program, under subsection (a) of
Section 39 of this | ||||||
9 | Act and applicable provisions of this Section. | ||||||
10 | Where a
construction permit is required, the | ||||||
11 | Agency shall expeditiously grant such
construction | ||||||
12 | permit and shall, if necessary, modify the CAAPP | ||||||
13 | permit based on
the same application.
| ||||||
14 | B. The applicant or
permittee may pay the fee | ||||||
15 | annually or semiannually for those fees
greater | ||||||
16 | than $5,000.
However, any applicant paying a fee | ||||||
17 | equal to or greater than $100,000 shall
pay the | ||||||
18 | full amount on July 1, for the subsequent fiscal | ||||||
19 | year, or pay 50% of
the fee on July 1 and the | ||||||
20 | remaining 50% by the next January 1. The Agency may
| ||||||
21 | change any annual billing date upon reasonable | ||||||
22 | notice, but shall prorate the
new bill so that the | ||||||
23 | permittee or applicant does not pay more than its | ||||||
24 | required
fees for the fee period for which payment | ||||||
25 | is made.
| ||||||
26 | b. (Blank).
|
| |||||||
| |||||||
1 | c. (Blank).
| ||||||
2 | d. There is hereby created in the State Treasury a | ||||||
3 | special fund to be
known as the "CAA Permit Fund". All | ||||||
4 | Funds collected by the Agency pursuant
to this subsection | ||||||
5 | shall be deposited into the Fund. The General Assembly
| ||||||
6 | shall appropriate monies from this Fund to the Agency and | ||||||
7 | to the Board to
carry out their obligations under this | ||||||
8 | Section. The General Assembly may
also authorize monies to | ||||||
9 | be granted by the Agency from this Fund to other
State and | ||||||
10 | local agencies which perform duties related to the CAAPP.
| ||||||
11 | Interest generated on the monies deposited in this Fund | ||||||
12 | shall be returned to
the Fund.
| ||||||
13 | e. The Agency shall have the authority to adopt | ||||||
14 | procedural rules, in
accordance with the Illinois | ||||||
15 | Administrative Procedure Act, as the Agency
deems | ||||||
16 | necessary to implement this subsection.
| ||||||
17 | f. For purposes of this subsection, the term "regulated | ||||||
18 | air pollutant"
shall have the meaning given to it under | ||||||
19 | subsection 1 of this Section but
shall exclude the | ||||||
20 | following:
| ||||||
21 | i. carbon monoxide;
| ||||||
22 | ii. any Class I or II substance which is a | ||||||
23 | regulated air pollutant
solely because it is listed | ||||||
24 | pursuant to Section 602 of the Clean Air Act;
and
| ||||||
25 | iii. any pollutant that is a regulated air | ||||||
26 | pollutant solely because
it is subject to a standard or |
| |||||||
| |||||||
1 | regulation under Section 112(r) of the Clean
Air Act | ||||||
2 | based on the emissions allowed in the permit effective | ||||||
3 | in that
calendar year, at the time the applicable bill | ||||||
4 | is generated.
| ||||||
5 | 19. Air Toxics Provisions.
| ||||||
6 | a. In the event that the USEPA fails to promulgate in a | ||||||
7 | timely manner
a standard pursuant to Section 112(d) of the | ||||||
8 | Clean Air Act, the Agency
shall have the authority to issue | ||||||
9 | permits, pursuant to Section 112(j) of
the Clean Air Act | ||||||
10 | and regulations promulgated thereunder, which contain
| ||||||
11 | emission limitations which are equivalent to the emission | ||||||
12 | limitations that
would apply to a source if an emission | ||||||
13 | standard had been
promulgated in a timely manner by USEPA | ||||||
14 | pursuant to Section 112(d).
Provided, however, that the | ||||||
15 | owner or operator of a source shall have the
opportunity to | ||||||
16 | submit to the Agency a proposed emission limitation which | ||||||
17 | it
determines to be equivalent to the emission limitations | ||||||
18 | that would apply to
such source if an emission standard had | ||||||
19 | been promulgated in a timely manner
by USEPA. If the Agency | ||||||
20 | refuses to include the emission limitation
proposed by the | ||||||
21 | owner or operator in a CAAPP permit, the owner or operator
| ||||||
22 | may petition the Board to establish whether the emission | ||||||
23 | limitation
proposal submitted by the owner or operator | ||||||
24 | provides for emission
limitations which are equivalent to | ||||||
25 | the emission limitations that would
apply to the source if |
| |||||||
| |||||||
1 | the emission standard had been promulgated by USEPA
in a | ||||||
2 | timely manner. The Board shall determine whether the | ||||||
3 | emission
limitation proposed by the owner or operator or an | ||||||
4 | alternative emission
limitation proposed by the Agency | ||||||
5 | provides for the level of control
required under Section | ||||||
6 | 112 of the Clean Air Act, or shall otherwise
establish an | ||||||
7 | appropriate emission limitation, pursuant to Section 112 | ||||||
8 | of
the Clean Air Act.
| ||||||
9 | b. Any Board proceeding brought under paragraph (a) or | ||||||
10 | (e)
of this subsection shall be conducted according to the | ||||||
11 | Board's
procedures for adjudicatory hearings and the Board | ||||||
12 | shall render its
decision within 120 days of the filing of | ||||||
13 | the petition. Any such decision
shall be subject to review | ||||||
14 | pursuant to Section 41 of this Act. Where
USEPA promulgates | ||||||
15 | an applicable emission standard prior to the issuance of
| ||||||
16 | the CAAPP permit, the Agency shall include in the permit | ||||||
17 | the promulgated
standard, provided that the source shall | ||||||
18 | have the compliance period
provided under Section 112(i) of | ||||||
19 | the Clean Air Act. Where USEPA promulgates an
applicable | ||||||
20 | standard subsequent to the issuance of the CAAPP permit, | ||||||
21 | the Agency
shall revise such permit upon the next renewal | ||||||
22 | to reflect the promulgated
standard, providing a | ||||||
23 | reasonable time for the applicable source to comply with
| ||||||
24 | the standard, but no longer than 8 years after the date on | ||||||
25 | which the source is
first required to comply with the | ||||||
26 | emissions limitation established under this
subsection.
|
| |||||||
| |||||||
1 | c. The Agency shall have the authority to implement and | ||||||
2 | enforce complete
or partial emission standards promulgated | ||||||
3 | by USEPA pursuant to Section 112(d),
and standards | ||||||
4 | promulgated by USEPA pursuant to Sections 112(f), 112(h), | ||||||
5 | 112(m),
and 112(n), and may accept delegation of authority | ||||||
6 | from USEPA to implement and
enforce Section 112(l) and | ||||||
7 | requirements for the prevention and detection of
| ||||||
8 | accidental releases pursuant to Section 112(r) of the Clean | ||||||
9 | Air Act.
| ||||||
10 | d. The Agency shall have the authority to issue permits | ||||||
11 | pursuant to
Section 112(i)(5) of the Clean Air Act.
| ||||||
12 | e. The Agency has the authority to implement Section | ||||||
13 | 112(g) of
the Clean Air Act consistent with the Clean Air | ||||||
14 | Act and federal regulations
promulgated thereunder. If the | ||||||
15 | Agency refuses to include the emission
limitations | ||||||
16 | proposed in an application submitted by an owner or | ||||||
17 | operator for a
case-by-case maximum achievable control | ||||||
18 | technology (MACT) determination, the
owner or operator may | ||||||
19 | petition the Board to determine whether the emission
| ||||||
20 | limitation proposed by the owner or operator or an | ||||||
21 | alternative emission
limitation proposed by the Agency | ||||||
22 | provides for a level of control required by
Section 112 of | ||||||
23 | the Clean Air Act, or to otherwise establish an appropriate
| ||||||
24 | emission limitation under Section 112 of the Clean Air Act.
| ||||||
25 | 20. Small Business.
|
| |||||||
| |||||||
1 | a. For purposes of this subsection:
| ||||||
2 | "Program" is the Small Business Stationary Source | ||||||
3 | Technical and
Environmental Compliance Assistance Program | ||||||
4 | created within this State pursuant
to Section 507 of the | ||||||
5 | Clean Air Act and guidance promulgated thereunder, to
| ||||||
6 | provide technical assistance and compliance information to | ||||||
7 | small business
stationary sources;
| ||||||
8 | "Small Business Assistance Program" is a component of | ||||||
9 | the Program
responsible for providing sufficient | ||||||
10 | communications with small businesses
through the | ||||||
11 | collection and dissemination of information to small | ||||||
12 | business
stationary sources; and
| ||||||
13 | "Small Business Stationary Source" means a stationary | ||||||
14 | source that:
| ||||||
15 | 1. is owned or operated by a person that employs | ||||||
16 | 100 or fewer
individuals;
| ||||||
17 | 2. is a small business concern as defined in the | ||||||
18 | "Small Business Act";
| ||||||
19 | 3. is not a major source as that term is defined in | ||||||
20 | subsection 2 of this
Section;
| ||||||
21 | 4. does not emit 50 tons or more per year of any | ||||||
22 | regulated air
pollutant, except greenhouse gases; and
| ||||||
23 | 5. emits less than 75 tons per year of all | ||||||
24 | regulated pollutants, except greenhouse gases.
| ||||||
25 | b. The Agency shall adopt and submit to USEPA, after | ||||||
26 | reasonable notice and
opportunity for public comment, as a |
| |||||||
| |||||||
1 | revision to the Illinois state
implementation plan, plans | ||||||
2 | for establishing the Program.
| ||||||
3 | c. The Agency shall have the authority to enter into | ||||||
4 | such contracts
and agreements as the Agency deems necessary | ||||||
5 | to carry out the purposes of
this subsection.
| ||||||
6 | d. The Agency may establish such procedures as it may | ||||||
7 | deem necessary
for the purposes of implementing and | ||||||
8 | executing its responsibilities under
this subsection.
| ||||||
9 | e. There shall be appointed a Small Business Ombudsman | ||||||
10 | (hereinafter in
this subsection referred to as | ||||||
11 | "Ombudsman") to monitor the Small Business
Assistance | ||||||
12 | Program. The Ombudsman shall be a nonpartisan designated | ||||||
13 | official,
with the ability to independently assess whether | ||||||
14 | the goals of the Program are
being met.
| ||||||
15 | f. The State Ombudsman Office shall be located in an | ||||||
16 | existing Ombudsman
office within the State or in any State | ||||||
17 | Department.
| ||||||
18 | g. There is hereby created a State Compliance Advisory | ||||||
19 | Panel (hereinafter
in this subsection referred to as | ||||||
20 | "Panel") for determining the overall
effectiveness of the | ||||||
21 | Small Business Assistance Program within this State.
| ||||||
22 | h. The selection of Panel members shall be by the | ||||||
23 | following method:
| ||||||
24 | 1. The Governor shall select two members who are | ||||||
25 | not owners or
representatives of owners of small | ||||||
26 | business stationary sources to represent the
general |
| |||||||
| |||||||
1 | public;
| ||||||
2 | 2. The Director of the Agency shall select one | ||||||
3 | member to represent the
Agency; and
| ||||||
4 | 3. The State Legislature shall select four members | ||||||
5 | who are owners or
representatives of owners of small | ||||||
6 | business stationary sources. Both the
majority and | ||||||
7 | minority leadership in both Houses of the Legislature | ||||||
8 | shall
appoint one member of the panel.
| ||||||
9 | i. Panel members should serve without compensation but | ||||||
10 | will receive full
reimbursement for expenses including | ||||||
11 | travel and per diem as authorized within
this State.
| ||||||
12 | j. The Panel shall select its own Chair by a majority | ||||||
13 | vote. The Chair may
meet and consult with the Ombudsman and | ||||||
14 | the head of the Small Business
Assistance Program in | ||||||
15 | planning the activities for the Panel.
| ||||||
16 | 21. Temporary Sources.
| ||||||
17 | a. The Agency may issue a single permit authorizing | ||||||
18 | emissions from similar
operations by the same source owner | ||||||
19 | or operator at multiple temporary
locations, except for | ||||||
20 | sources which are affected sources for acid deposition
| ||||||
21 | under Title IV of the Clean Air Act.
| ||||||
22 | b. The applicant must demonstrate that the operation is | ||||||
23 | temporary and will
involve at least one change of location | ||||||
24 | during the term of the permit.
| ||||||
25 | c. Any such permit shall meet all applicable |
| |||||||
| |||||||
1 | requirements of this Section
and applicable regulations, | ||||||
2 | and include conditions assuring compliance with all
| ||||||
3 | applicable requirements at all authorized locations and | ||||||
4 | requirements that the
owner or operator notify the Agency | ||||||
5 | at least 10 days in advance of each change
in location.
| ||||||
6 | 22. Solid Waste Incineration Units.
| ||||||
7 | a. A CAAPP permit for a solid waste incineration unit | ||||||
8 | combusting municipal
waste subject to standards | ||||||
9 | promulgated under Section 129(e) of the Clean Air
Act shall | ||||||
10 | be issued for a period of 12 years and shall be reviewed | ||||||
11 | every 5
years, unless the Agency requires more frequent | ||||||
12 | review through Agency
procedures.
| ||||||
13 | b. During the review in paragraph (a) of this | ||||||
14 | subsection, the Agency shall
fully review the previously | ||||||
15 | submitted CAAPP permit application and
corresponding | ||||||
16 | reports subsequently submitted to determine whether the | ||||||
17 | source is
in compliance with all applicable requirements.
| ||||||
18 | c. If the Agency determines that the source is not in | ||||||
19 | compliance with all
applicable requirements it shall | ||||||
20 | revise the CAAPP permit as appropriate.
| ||||||
21 | d. The Agency shall have the authority to adopt | ||||||
22 | procedural rules, in
accordance with the Illinois | ||||||
23 | Administrative Procedure Act, as the Agency deems
| ||||||
24 | necessary, to implement this subsection.
| ||||||
25 | (Source: P.A. 97-95, eff. 7-12-11.)
|