Bill Amendment: IL HB1841 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: SAFETY-TECH

Status: 2019-04-12 - Rule 19(a) / Re-referred to Rules Committee [HB1841 Detail]

Download: Illinois-2019-HB1841-House_Amendment_001.html

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Rep. Jim Durkin

Filed: 3/29/2019

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AMENDMENT TO HOUSE BILL 1841
AMENDMENT NO. ______. Amend House Bill 1841 by replacing
everything after the enacting clause with the following:
"Section 1. This Act may be referred to as the Matt Haller
Act.
Section 5. The Illinois Administrative Procedure Act is
amended by changing Section 5-45 as follows:
(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
Sec. 5-45. Emergency rulemaking.
(a) "Emergency" means the existence of any situation that
any agency finds reasonably constitutes a threat to the public
interest, safety, or welfare.
(b) If any agency finds that an emergency exists that
requires adoption of a rule upon fewer days than is required by
Section 5-40 and states in writing its reasons for that

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finding, the agency may adopt an emergency rule without prior
notice or hearing upon filing a notice of emergency rulemaking
with the Secretary of State under Section 5-70. The notice
shall include the text of the emergency rule and shall be
published in the Illinois Register. Consent orders or other
court orders adopting settlements negotiated by an agency may
be adopted under this Section. Subject to applicable
constitutional or statutory provisions, an emergency rule
becomes effective immediately upon filing under Section 5-65 or
at a stated date less than 10 days thereafter. The agency's
finding and a statement of the specific reasons for the finding
shall be filed with the rule. The agency shall take reasonable
and appropriate measures to make emergency rules known to the
persons who may be affected by them.
(c) An emergency rule may be effective for a period of not
longer than 150 days, but the agency's authority to adopt an
identical rule under Section 5-40 is not precluded. No
emergency rule may be adopted more than once in any 24-month
period, except that this limitation on the number of emergency
rules that may be adopted in a 24-month period does not apply
to (i) emergency rules that make additions to and deletions
from the Drug Manual under Section 5-5.16 of the Illinois
Public Aid Code or the generic drug formulary under Section
3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
emergency rules adopted by the Pollution Control Board before
July 1, 1997 to implement portions of the Livestock Management

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Facilities Act, (iii) emergency rules adopted by the Illinois
Department of Public Health under subsections (a) through (i)
of Section 2 of the Department of Public Health Act when
necessary to protect the public's health, (iv) emergency rules
adopted pursuant to subsection (n) of this Section, (v)
emergency rules adopted pursuant to subsection (o) of this
Section, or (vi) emergency rules adopted pursuant to subsection
(c-5) of this Section. Two or more emergency rules having
substantially the same purpose and effect shall be deemed to be
a single rule for purposes of this Section.
(c-5) To facilitate the maintenance of the program of group
health benefits provided to annuitants, survivors, and retired
employees under the State Employees Group Insurance Act of
1971, rules to alter the contributions to be paid by the State,
annuitants, survivors, retired employees, or any combination
of those entities, for that program of group health benefits,
shall be adopted as emergency rules. The adoption of those
rules shall be considered an emergency and necessary for the
public interest, safety, and welfare.
(d) In order to provide for the expeditious and timely
implementation of the State's fiscal year 1999 budget,
emergency rules to implement any provision of Public Act 90-587
or 90-588 or any other budget initiative for fiscal year 1999
may be adopted in accordance with this Section by the agency
charged with administering that provision or initiative,
except that the 24-month limitation on the adoption of

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emergency rules and the provisions of Sections 5-115 and 5-125
do not apply to rules adopted under this subsection (d). The
adoption of emergency rules authorized by this subsection (d)
shall be deemed to be necessary for the public interest,
safety, and welfare.
(e) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2000 budget,
emergency rules to implement any provision of Public Act 91-24
or any other budget initiative for fiscal year 2000 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (e). The adoption of
emergency rules authorized by this subsection (e) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(f) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2001 budget,
emergency rules to implement any provision of Public Act 91-712
or any other budget initiative for fiscal year 2001 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (f). The adoption of

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emergency rules authorized by this subsection (f) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(g) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2002 budget,
emergency rules to implement any provision of Public Act 92-10
or any other budget initiative for fiscal year 2002 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (g). The adoption of
emergency rules authorized by this subsection (g) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(h) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2003 budget,
emergency rules to implement any provision of Public Act 92-597
or any other budget initiative for fiscal year 2003 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (h). The adoption of
emergency rules authorized by this subsection (h) shall be
deemed to be necessary for the public interest, safety, and

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welfare.
(i) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2004 budget,
emergency rules to implement any provision of Public Act 93-20
or any other budget initiative for fiscal year 2004 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (i). The adoption of
emergency rules authorized by this subsection (i) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(j) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2005 budget as provided under the Fiscal Year 2005 Budget
Implementation (Human Services) Act, emergency rules to
implement any provision of the Fiscal Year 2005 Budget
Implementation (Human Services) Act may be adopted in
accordance with this Section by the agency charged with
administering that provision, except that the 24-month
limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (j). The Department of Public Aid
may also adopt rules under this subsection (j) necessary to
administer the Illinois Public Aid Code and the Children's

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Health Insurance Program Act. The adoption of emergency rules
authorized by this subsection (j) shall be deemed to be
necessary for the public interest, safety, and welfare.
(k) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2006 budget, emergency rules to implement any provision of
Public Act 94-48 or any other budget initiative for fiscal year
2006 may be adopted in accordance with this Section by the
agency charged with administering that provision or
initiative, except that the 24-month limitation on the adoption
of emergency rules and the provisions of Sections 5-115 and
5-125 do not apply to rules adopted under this subsection (k).
The Department of Healthcare and Family Services may also adopt
rules under this subsection (k) necessary to administer the
Illinois Public Aid Code, the Senior Citizens and Persons with
Disabilities Property Tax Relief Act, the Senior Citizens and
Disabled Persons Prescription Drug Discount Program Act (now
the Illinois Prescription Drug Discount Program Act), and the
Children's Health Insurance Program Act. The adoption of
emergency rules authorized by this subsection (k) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(l) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2007 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2007, including

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rules effective July 1, 2007, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (l) shall be deemed to be necessary for the
public interest, safety, and welfare.
(m) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2008 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2008, including
rules effective July 1, 2008, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (m) shall be deemed to be necessary for the
public interest, safety, and welfare.
(n) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2010 budget, emergency rules to implement any provision of
Public Act 96-45 or any other budget initiative authorized by

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the 96th General Assembly for fiscal year 2010 may be adopted
in accordance with this Section by the agency charged with
administering that provision or initiative. The adoption of
emergency rules authorized by this subsection (n) shall be
deemed to be necessary for the public interest, safety, and
welfare. The rulemaking authority granted in this subsection
(n) shall apply only to rules promulgated during Fiscal Year
2010.
(o) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2011 budget, emergency rules to implement any provision of
Public Act 96-958 or any other budget initiative authorized by
the 96th General Assembly for fiscal year 2011 may be adopted
in accordance with this Section by the agency charged with
administering that provision or initiative. The adoption of
emergency rules authorized by this subsection (o) is deemed to
be necessary for the public interest, safety, and welfare. The
rulemaking authority granted in this subsection (o) applies
only to rules promulgated on or after July 1, 2010 (the
effective date of Public Act 96-958) through June 30, 2011.
(p) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 97-689,
emergency rules to implement any provision of Public Act 97-689
may be adopted in accordance with this subsection (p) by the
agency charged with administering that provision or
initiative. The 150-day limitation of the effective period of

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emergency rules does not apply to rules adopted under this
subsection (p), and the effective period may continue through
June 30, 2013. The 24-month limitation on the adoption of
emergency rules does not apply to rules adopted under this
subsection (p). The adoption of emergency rules authorized by
this subsection (p) is deemed to be necessary for the public
interest, safety, and welfare.
(q) In order to provide for the expeditious and timely
implementation of the provisions of Articles 7, 8, 9, 11, and
12 of Public Act 98-104, emergency rules to implement any
provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
may be adopted in accordance with this subsection (q) by the
agency charged with administering that provision or
initiative. The 24-month limitation on the adoption of
emergency rules does not apply to rules adopted under this
subsection (q). The adoption of emergency rules authorized by
this subsection (q) is deemed to be necessary for the public
interest, safety, and welfare.
(r) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 98-651,
emergency rules to implement Public Act 98-651 may be adopted
in accordance with this subsection (r) by the Department of
Healthcare and Family Services. The 24-month limitation on the
adoption of emergency rules does not apply to rules adopted
under this subsection (r). The adoption of emergency rules
authorized by this subsection (r) is deemed to be necessary for

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the public interest, safety, and welfare.
(s) In order to provide for the expeditious and timely
implementation of the provisions of Sections 5-5b.1 and 5A-2 of
the Illinois Public Aid Code, emergency rules to implement any
provision of Section 5-5b.1 or Section 5A-2 of the Illinois
Public Aid Code may be adopted in accordance with this
subsection (s) by the Department of Healthcare and Family
Services. The rulemaking authority granted in this subsection
(s) shall apply only to those rules adopted prior to July 1,
2015. Notwithstanding any other provision of this Section, any
emergency rule adopted under this subsection (s) shall only
apply to payments made for State fiscal year 2015. The adoption
of emergency rules authorized by this subsection (s) is deemed
to be necessary for the public interest, safety, and welfare.
(t) In order to provide for the expeditious and timely
implementation of the provisions of Article II of Public Act
99-6, emergency rules to implement the changes made by Article
II of Public Act 99-6 to the Emergency Telephone System Act may
be adopted in accordance with this subsection (t) by the
Department of State Police. The rulemaking authority granted in
this subsection (t) shall apply only to those rules adopted
prior to July 1, 2016. The 24-month limitation on the adoption
of emergency rules does not apply to rules adopted under this
subsection (t). The adoption of emergency rules authorized by
this subsection (t) is deemed to be necessary for the public
interest, safety, and welfare.

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(u) In order to provide for the expeditious and timely
implementation of the provisions of the Burn Victims Relief
Act, emergency rules to implement any provision of the Act may
be adopted in accordance with this subsection (u) by the
Department of Insurance. The rulemaking authority granted in
this subsection (u) shall apply only to those rules adopted
prior to December 31, 2015. The adoption of emergency rules
authorized by this subsection (u) is deemed to be necessary for
the public interest, safety, and welfare.
(v) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-516,
emergency rules to implement Public Act 99-516 may be adopted
in accordance with this subsection (v) by the Department of
Healthcare and Family Services. The 24-month limitation on the
adoption of emergency rules does not apply to rules adopted
under this subsection (v). The adoption of emergency rules
authorized by this subsection (v) is deemed to be necessary for
the public interest, safety, and welfare.
(w) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-796,
emergency rules to implement the changes made by Public Act
99-796 may be adopted in accordance with this subsection (w) by
the Adjutant General. The adoption of emergency rules
authorized by this subsection (w) is deemed to be necessary for
the public interest, safety, and welfare.
(x) In order to provide for the expeditious and timely

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implementation of the provisions of Public Act 99-906,
emergency rules to implement subsection (i) of Section 16-115D,
subsection (g) of Section 16-128A, and subsection (a) of
Section 16-128B of the Public Utilities Act may be adopted in
accordance with this subsection (x) by the Illinois Commerce
Commission. The rulemaking authority granted in this
subsection (x) shall apply only to those rules adopted within
180 days after June 1, 2017 (the effective date of Public Act
99-906). The adoption of emergency rules authorized by this
subsection (x) is deemed to be necessary for the public
interest, safety, and welfare.
(y) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-23,
emergency rules to implement the changes made by Public Act
100-23 to Section 4.02 of the Illinois Act on the Aging,
Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
Section 55-30 of the Alcoholism and Other Drug Abuse and
Dependency Act, and Sections 74 and 75 of the Mental Health and
Developmental Disabilities Administrative Act may be adopted
in accordance with this subsection (y) by the respective
Department. The adoption of emergency rules authorized by this
subsection (y) is deemed to be necessary for the public
interest, safety, and welfare.
(z) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-554,
emergency rules to implement the changes made by Public Act

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100-554 to Section 4.7 of the Lobbyist Registration Act may be
adopted in accordance with this subsection (z) by the Secretary
of State. The adoption of emergency rules authorized by this
subsection (z) is deemed to be necessary for the public
interest, safety, and welfare.
(aa) In order to provide for the expeditious and timely
initial implementation of the changes made to Articles 5, 5A,
12, and 14 of the Illinois Public Aid Code under the provisions
of Public Act 100-581, the Department of Healthcare and Family
Services may adopt emergency rules in accordance with this
subsection (aa). The 24-month limitation on the adoption of
emergency rules does not apply to rules to initially implement
the changes made to Articles 5, 5A, 12, and 14 of the Illinois
Public Aid Code adopted under this subsection (aa). The
adoption of emergency rules authorized by this subsection (aa)
is deemed to be necessary for the public interest, safety, and
welfare.
(bb) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-587,
emergency rules to implement the changes made by Public Act
100-587 to Section 4.02 of the Illinois Act on the Aging,
Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
subsection (b) of Section 55-30 of the Alcoholism and Other
Drug Abuse and Dependency Act, Section 5-104 of the Specialized
Mental Health Rehabilitation Act of 2013, and Section 75 and
subsection (b) of Section 74 of the Mental Health and

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Developmental Disabilities Administrative Act may be adopted
in accordance with this subsection (bb) by the respective
Department. The adoption of emergency rules authorized by this
subsection (bb) is deemed to be necessary for the public
interest, safety, and welfare.
(cc) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-587,
emergency rules may be adopted in accordance with this
subsection (cc) to implement the changes made by Public Act
100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois
Pension Code by the Board created under Article 14 of the Code;
Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by
the Board created under Article 15 of the Code; and Sections
16-190.5 and 16-190.6 of the Illinois Pension Code by the Board
created under Article 16 of the Code. The adoption of emergency
rules authorized by this subsection (cc) is deemed to be
necessary for the public interest, safety, and welfare.
(dd) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-864,
emergency rules to implement the changes made by Public Act
100-864 to Section 3.35 of the Newborn Metabolic Screening Act
may be adopted in accordance with this subsection (dd) by the
Secretary of State. The adoption of emergency rules authorized
by this subsection (dd) is deemed to be necessary for the
public interest, safety, and welfare.
(ee) In order to provide for the expeditious and timely

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implementation of the provisions of this amendatory Act of the
100th General Assembly, emergency rules implementing the
Illinois Underground Natural Gas Storage Safety Act may be
adopted in accordance with this subsection by the Department of
Natural Resources. The adoption of emergency rules authorized
by this subsection is deemed to be necessary for the public
interest, safety, and welfare.
(ff) In order to provide for the expeditious and timely
implementation of the provisions of this amendatory Act of the
101st General Assembly, emergency rules may be adopted by the
Department of Labor in accordance with this subsection (ff) to
implement the changes made by this amendatory Act of the 101st
General Assembly to the Minimum Wage Law. The adoption of
emergency rules authorized by this subsection (ff) is deemed to
be necessary for the public interest, safety, and welfare.
(gg) In order to provide for the expeditious and timely
implementation of the previsions of this amendatory Act of the
101st General Assembly, emergency rules may be adopted by the
Pollution Control Board in accordance with this subsection (gg)
to implement the provisions of this amendatory Act of the 101st
General Assembly. The adoption of emergency rules authorized by
this subsection is deemed to be necessary for the public
interest, safety, and welfare.
(Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17;
100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff.
6-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18;

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100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 101-1, eff.
2-19-19.)
Section 10. The Environmental Protection Act is amended by
changing Section 39.5 and by adding Section 9.16 as follows:
(415 ILCS 5/9.16 new)
Sec. 9.16. Emissions standards, rules, and notice for
facilities emitting ethylene oxide.
(a) The General Assembly finds that the emission of
ethylene oxide may constitute a threat to public health and
welfare, depress property values, and diminish quality of life.
The purpose of this Section is to maintain and enhance the
quality of the air of this State in order to protect health,
welfare, and quality of life and to ensure that no ethylene
oxide is discharged into the atmosphere or water without being
given the degree of treatment or control necessary.
(b) The Agency shall immediately reevaluate rules for
ethylene oxide use as a sterilant or fumigant and adopt new
rules in accordance with the most recently issued scientific
understanding of ethylene oxide based on reports, findings, and
statements on the health impacts of ethylene oxide produced by
the USEPA, United States Food and Drug Administration, the
United States Center for Disease Control, the Agency for Toxic
Substances and Disease Registry, the National Institute for
Occupational Safety and Health, and any other State or federal

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agency that publishes materials on ethylene oxide. The Agency
shall submit new rules for ethylene oxide use as a sterilant or
fumigant to the Board within 90 days after the effective date
of this amendatory Act of the 101st General Assembly.
(1) When determining rules for ethylene oxide use as a
sterilant or fumigant, the Agency shall:
(A) measure, or have measured, what the current
ambient levels of ethylene oxide are in the air
throughout the state, this measurement shall take into
account different land uses throughout the State;
(B) account for both short-term and long-term
exposure to ethylene oxide;
(C) set the rules to maximize the health and safety
of both workers who are exposed to ethylene oxide as a
result of employment and members of the public exposed
as a result of ethylene oxide emissions; and
(D) consider both the extent to which passive
offgassing may occur at a facility permitted to emit
ethylene oxide and the environmental controls that are
necessary to control passive offgassing.
(2) If a CAAPP permit applicant applies to use ethylene
oxide as a sterilant or fumigant at a facility not in
existence prior to January 1, 2020, the Agency shall issue
a CAAPP permit for emission of ethylene oxide only if:
(A) the nearest school or park is at least 10 miles
from the permit applicant in counties with populations

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greater than 50,000;
(B) the nearest school or park is at least 15 miles
from the permit applicant in counties with populations
less than or equal to 50,000; and
(C) within 7 days after the application for a CAAPP
permit, the permit applicant has published its permit
request on its website, published notice in a local
newspaper of general circulation, and provided notice
to:
(i) the State Representative for the
representative district that the facility is
located in;
(ii) the State Senator for the legislative
district that the facility is located in;
(iii) the members of the county board for the
county in which the facility is located in; and
(iv) the local municipal board members and
executives.
(3) If any entity or any parent or subsidiary of an
entity that owns or operates a facility permitted to emit
ethylene oxide acquires by purchase, license, or any other
method of acquisition any intellectual property right in a
sterilization technology that does not involve the use of
ethylene oxide, or by purchase, merger, or any other method
of acquisition of any entity that holds an intellectual
property right in a sterilization technology that does not

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involve the use of ethylene oxide, that entity, parent, or
subsidiary shall notify the Agency of the acquisition
within 30 days of acquiring it. If that entity, parent, or
subsidiary has not used the sterilization technology
within 3 years of its acquisition, the entity shall notify
the Agency within 30 days of the 3-year period elapsing.
Any entity or any parent or subsidiary of an entity
that owns or operates a facility permitted to emit ethylene
oxide that has any property right in any intellectual
sterilization technology that does not involve the use of
ethylene oxide shall notify the Agency of any offers that
it makes to license or otherwise allow the technology to be
used by third parties within 30 days of making the offer.
Any entity or any parent or subsidiary of an entity
that owns or operates a facility permitted to emit ethylene
oxide shall provide the Agency with a list of all patents
for sterilization technology that the entity, parent, or
subsidiary has any property right in. The list shall
include the following:
(A) The patent number assigned by the United States
Patent and Trademark Office for each patent.
(B) The date each patent was filed.
(C) The names and addresses of all owners or
assignees of each patent.
(D) The names and addresses of all inventors of
each patent.

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(c) The Agency shall not renew an air pollution operating
permit if the Agency finds that the facility is emitting
ethylene oxide at a level that violates any federal or State
standards pertaining to ethylene oxide, or if the Agency
otherwise finds the facility to be operating in violation of
this Act. If the nonrenewal of the air pollution operating
permit is upheld, any corrections shall be completed within 90
days of an entry of a final order. If the Agency determines
that nonrenewal of the permit shall be reversed, the Agency
shall renew the air pollution operating permit within 90 days.
(d) Within 30 days after the approval by the Board of new
rules for ethylene oxide use as a sterilant or fumigant in
accordance with paragraph (1) of subsection (b), the Agency
shall reopen and modify all CAAPP permits that allow the use of
ethylene oxide under paragraph c-5 of subsection 15 of Section
39.5. If the Agency reopens and modifies a CAAPP permit under
this subsection, the facility shall be allowed no more than 6
months from the date of the modification to comply with the
terms of the modified permit.
(e) Upon the Agency's receipt, or the provision to the
Agency by the Department of Public Health or the Governor, of
information in any form from any State or federal agency
related to elevated emissions of ethylene oxide, an update of
emissions standards for ethylene oxide, or increased instances
of adverse public health effects related to emissions of
ethylene oxide that are discovered by a State or federal

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agency, the Agency shall within 7 days provide written notice
of that information, either by mail or electronically, to every
hospital, school district, and unit of local government within
5 miles of the emitting facility. The Agency and the Department
of Public Health shall also post the notice on their respective
websites and the Agency shall notify the Attorney General, the
State Representative for the representative district that the
facility is located in, the State Senator for the legislative
district that the facility is located in, all members of the
county board for the county in which the facility is located
in, and the local municipal board members and executives, of
the information.
The notice required under this subsection shall
substantially comply with the standards set forth in the Crisis
and Emergency Risk Communication manual published by the
Centers for Disease Control and Prevention.
(f) The Agency, or its designee, shall test ambient levels
of ethylene oxide within one mile of each facility permitted to
emit ethylene oxide under paragraph c-5 of subsection 15 of
Section 39.5 at least once per 12-month period. If a facility
permitted to emit ethylene oxide is known or anticipated to
cease ethylene oxide emissions, the Agency shall measure the
ambient ethylene oxide levels within one mile of such a
facility.
(g) A facility permitted to emit ethylene oxide that has
been subject to a seal order under Section 34 is prohibited

10100HB1841ham001 - 23 - LRB101 05734 CPF 58782 a
from using ethylene oxide for sterilization or fumigation
purposes, unless the facility can provide a certification by
the supplier of a product to be sterilized or fumigated that
ethylene oxide sterilization or fumigation is the only
available method to completely sterilize or fumigate the
product. The certification shall be made by a company
representative with knowledge of the sterilization
requirements of the product.
A facility shall not be subject to the requirements of this
subsection if the Agency has certified that the facility's
emission control system is using technology that produces the
greatest reduction in ethylene oxide emissions currently
available, or if the supporting findings of the seal order
under Section 34 are found to be without merit by a court of
competent jurisdiction.
(h) The Pollution Control Board may adopt emergency rules
necessary to implement the provisions of this amendatory Act of
the 101st General Assembly under subsection (gg) of Section
5-45 of the Illinois Administration Procedure Act.
(i) Nothing in this Section shall apply to a hospital
licensed under the Hospital Licensing Act or operated under the
University of Illinois Hospital Act.
(j) Nothing in this Section shall be construed to limit the
ability of a facility to appeal a decision as provided in this
Act.

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(415 ILCS 5/39.5) (from Ch. 111 1/2, par. 1039.5)
Sec. 39.5. Clean Air Act Permit Program.
1. Definitions. For purposes of this Section:
"Administrative permit amendment" means a permit revision
subject to subsection 13 of this Section.
"Affected source for acid deposition" means a source that
includes one or more affected units under Title IV of the Clean
Air Act.
"Affected States" for purposes of formal distribution of a
draft CAAPP permit to other States for comments prior to
issuance, means all States:
(1) Whose air quality may be affected by the source
covered by the draft permit and that are contiguous to
Illinois; or
(2) That are within 50 miles of the source.
"Affected unit for acid deposition" shall have the meaning
given to the term "affected unit" in the regulations
promulgated under Title IV of the Clean Air Act.
"Applicable Clean Air Act requirement" means all of the
following as they apply to emissions units in a source
(including regulations that have been promulgated or approved
by USEPA pursuant to the Clean Air Act which directly impose
requirements upon a source and other such federal requirements
which have been adopted by the Board. These may include
requirements and regulations which have future effective
compliance dates. Requirements and regulations will be exempt

10100HB1841ham001 - 25 - LRB101 05734 CPF 58782 a
if USEPA determines that such requirements need not be
contained in a Title V permit):
(1) Any standard or other requirement provided for in
the applicable state implementation plan approved or
promulgated by USEPA under Title I of the Clean Air Act
that implements the relevant requirements of the Clean Air
Act, including any revisions to the state Implementation
Plan promulgated in 40 CFR Part 52, Subparts A and O and
other subparts applicable to Illinois. For purposes of this
paragraph (1) of this definition, "any standard or other
requirement" means only such standards or requirements
directly enforceable against an individual source under
the Clean Air Act.
(2)(i) Any term or condition of any preconstruction
permits issued pursuant to regulations approved or
promulgated by USEPA under Title I of the Clean Air
Act, including Part C or D of the Clean Air Act.
(ii) Any term or condition as required pursuant to
Section 39.5 of any federally enforceable State
operating permit issued pursuant to regulations
approved or promulgated by USEPA under Title I of the
Clean Air Act, including Part C or D of the Clean Air
Act.
(3) Any standard or other requirement under Section 111
of the Clean Air Act, including Section 111(d).
(4) Any standard or other requirement under Section 112

10100HB1841ham001 - 26 - LRB101 05734 CPF 58782 a
of the Clean Air Act, including any requirement concerning
accident prevention under Section 112(r)(7) of the Clean
Air Act.
(5) Any standard or other requirement of the acid rain
program under Title IV of the Clean Air Act or the
regulations promulgated thereunder.
(6) Any requirements established pursuant to Section
504(b) or Section 114(a)(3) of the Clean Air Act.
(7) Any standard or other requirement governing solid
waste incineration, under Section 129 of the Clean Air Act.
(8) Any standard or other requirement for consumer and
commercial products, under Section 183(e) of the Clean Air
Act.
(9) Any standard or other requirement for tank vessels,
under Section 183(f) of the Clean Air Act.
(10) Any standard or other requirement of the program
to control air pollution from Outer Continental Shelf
sources, under Section 328 of the Clean Air Act.
(11) Any standard or other requirement of the
regulations promulgated to protect stratospheric ozone
under Title VI of the Clean Air Act, unless USEPA has
determined that such requirements need not be contained in
a Title V permit.
(12) Any national ambient air quality standard or
increment or visibility requirement under Part C of Title I
of the Clean Air Act, but only as it would apply to

10100HB1841ham001 - 27 - LRB101 05734 CPF 58782 a
temporary sources permitted pursuant to Section 504(e) of
the Clean Air Act.
"Applicable requirement" means all applicable Clean Air
Act requirements and any other standard, limitation, or other
requirement contained in this Act or regulations promulgated
under this Act as applicable to sources of air contaminants
(including requirements that have future effective compliance
dates).
"CAAPP" means the Clean Air Act Permit Program, developed
pursuant to Title V of the Clean Air Act.
"CAAPP application" means an application for a CAAPP
permit.
"CAAPP Permit" or "permit" (unless the context suggests
otherwise) means any permit issued, renewed, amended, modified
or revised pursuant to Title V of the Clean Air Act.
"CAAPP source" means any source for which the owner or
operator is required to obtain a CAAPP permit pursuant to
subsection 2 of this Section.
"Clean Air Act" means the Clean Air Act, as now and
hereafter amended, 42 U.S.C. 7401, et seq.
"Designated representative" has the meaning given to it in
Section 402(26) of the Clean Air Act and the regulations
promulgated thereunder, which state that the term "designated
representative" means a responsible person or official
authorized by the owner or operator of a unit to represent the
owner or operator in all matters pertaining to the holding,

10100HB1841ham001 - 28 - LRB101 05734 CPF 58782 a
transfer, or disposition of allowances allocated to a unit, and
the submission of and compliance with permits, permit
applications, and compliance plans for the unit.
"Draft CAAPP permit" means the version of a CAAPP permit
for which public notice and an opportunity for public comment
and hearing is offered by the Agency.
"Effective date of the CAAPP" means the date that USEPA
approves Illinois' CAAPP.
"Emission unit" means any part or activity of a stationary
source that emits or has the potential to emit any air
pollutant. This term is not meant to alter or affect the
definition of the term "unit" for purposes of Title IV of the
Clean Air Act.
"Federally enforceable" means enforceable by USEPA.
"Final permit action" means the Agency's granting with
conditions, refusal to grant, renewal of, or revision of a
CAAPP permit, the Agency's determination of incompleteness of a
submitted CAAPP application, or the Agency's failure to act on
an application for a permit, permit renewal, or permit revision
within the time specified in subsection 13, subsection 14, or
paragraph (j) of subsection 5 of this Section.
"General permit" means a permit issued to cover numerous
similar sources in accordance with subsection 11 of this
Section.
"Major source" means a source for which emissions of one or
more air pollutants meet the criteria for major status pursuant

10100HB1841ham001 - 29 - LRB101 05734 CPF 58782 a
to paragraph (c) of subsection 2 of this Section.
"Maximum achievable control technology" or "MACT" means
the maximum degree of reductions in emissions deemed achievable
under Section 112 of the Clean Air Act.
"Owner or operator" means any person who owns, leases,
operates, controls, or supervises a stationary source.
"Permit modification" means a revision to a CAAPP permit
that cannot be accomplished under the provisions for
administrative permit amendments under subsection 13 of this
Section.
"Permit revision" means a permit modification or
administrative permit amendment.
"Phase II" means the period of the national acid rain
program, established under Title IV of the Clean Air Act,
beginning January 1, 2000, and continuing thereafter.
"Phase II acid rain permit" means the portion of a CAAPP
permit issued, renewed, modified, or revised by the Agency
during Phase II for an affected source for acid deposition.
"Potential to emit" means the maximum capacity of a
stationary source to emit any air pollutant under its physical
and operational design. Any physical or operational limitation
on the capacity of a source to emit an air pollutant, including
air pollution control equipment and restrictions on hours of
operation or on the type or amount of material combusted,
stored, or processed, shall be treated as part of its design if
the limitation is enforceable by USEPA. This definition does

10100HB1841ham001 - 30 - LRB101 05734 CPF 58782 a
not alter or affect the use of this term for any other purposes
under the Clean Air Act, or the term "capacity factor" as used
in Title IV of the Clean Air Act or the regulations promulgated
thereunder.
"Preconstruction Permit" or "Construction Permit" means a
permit which is to be obtained prior to commencing or beginning
actual construction or modification of a source or emissions
unit.
"Proposed CAAPP permit" means the version of a CAAPP permit
that the Agency proposes to issue and forwards to USEPA for
review in compliance with applicable requirements of the Act
and regulations promulgated thereunder.
"Regulated air pollutant" means the following:
(1) Nitrogen oxides (NOx) or any volatile organic
compound.
(2) Any pollutant for which a national ambient air
quality standard has been promulgated.
(3) Any pollutant that is subject to any standard
promulgated under Section 111 of the Clean Air Act.
(4) Any Class I or II substance subject to a standard
promulgated under or established by Title VI of the Clean
Air Act.
(5) Any pollutant subject to a standard promulgated
under Section 112 or other requirements established under
Section 112 of the Clean Air Act, including Sections
112(g), (j) and (r).

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(i) Any pollutant subject to requirements under
Section 112(j) of the Clean Air Act. Any pollutant
listed under Section 112(b) for which the subject
source would be major shall be considered to be
regulated 18 months after the date on which USEPA was
required to promulgate an applicable standard pursuant
to Section 112(e) of the Clean Air Act, if USEPA fails
to promulgate such standard.
(ii) Any pollutant for which the requirements of
Section 112(g)(2) of the Clean Air Act have been met,
but only with respect to the individual source subject
to Section 112(g)(2) requirement.
(6) Greenhouse gases.
"Renewal" means the process by which a permit is reissued
at the end of its term.
"Responsible official" means one of the following:
(1) For a corporation: a president, secretary,
treasurer, or vice-president of the corporation in charge
of a principal business function, or any other person who
performs similar policy or decision-making functions for
the corporation, or a duly authorized representative of
such person if the representative is responsible for the
overall operation of one or more manufacturing,
production, or operating facilities applying for or
subject to a permit and either (i) the facilities employ
more than 250 persons or have gross annual sales or

10100HB1841ham001 - 32 - LRB101 05734 CPF 58782 a
expenditures exceeding $25 million (in second quarter 1980
dollars), or (ii) the delegation of authority to such
representative is approved in advance by the Agency.
(2) For a partnership or sole proprietorship: a general
partner or the proprietor, respectively, or in the case of
a partnership in which all of the partners are
corporations, a duly authorized representative of the
partnership if the representative is responsible for the
overall operation of one or more manufacturing,
production, or operating facilities applying for or
subject to a permit and either (i) the facilities employ
more than 250 persons or have gross annual sales or
expenditures exceeding $25 million (in second quarter 1980
dollars), or (ii) the delegation of authority to such
representative is approved in advance by the Agency.
(3) For a municipality, State, Federal, or other public
agency: either a principal executive officer or ranking
elected official. For the purposes of this part, a
principal executive officer of a Federal agency includes
the chief executive officer having responsibility for the
overall operations of a principal geographic unit of the
agency (e.g., a Regional Administrator of USEPA).
(4) For affected sources for acid deposition:
(i) The designated representative shall be the
"responsible official" in so far as actions,
standards, requirements, or prohibitions under Title

10100HB1841ham001 - 33 - LRB101 05734 CPF 58782 a
IV of the Clean Air Act or the regulations promulgated
thereunder are concerned.
(ii) The designated representative may also be the
"responsible official" for any other purposes with
respect to air pollution control.
"Section 502(b)(10) changes" means changes that contravene
express permit terms. "Section 502(b)(10) changes" do not
include changes that would violate applicable requirements or
contravene federally enforceable permit terms or conditions
that are monitoring (including test methods), recordkeeping,
reporting, or compliance certification requirements.
"Solid waste incineration unit" means a distinct operating
unit of any facility which combusts any solid waste material
from commercial or industrial establishments or the general
public (including single and multiple residences, hotels, and
motels). The term does not include incinerators or other units
required to have a permit under Section 3005 of the Solid Waste
Disposal Act. The term also does not include (A) materials
recovery facilities (including primary or secondary smelters)
which combust waste for the primary purpose of recovering
metals, (B) qualifying small power production facilities, as
defined in Section 3(17)(C) of the Federal Power Act (16 U.S.C.
769(17)(C)), or qualifying cogeneration facilities, as defined
in Section 3(18)(B) of the Federal Power Act (16 U.S.C.
796(18)(B)), which burn homogeneous waste (such as units which
burn tires or used oil, but not including refuse-derived fuel)

10100HB1841ham001 - 34 - LRB101 05734 CPF 58782 a
for the production of electric energy or in the case of
qualifying cogeneration facilities which burn homogeneous
waste for the production of electric energy and steam or forms
of useful energy (such as heat) which are used for industrial,
commercial, heating or cooling purposes, or (C) air curtain
incinerators provided that such incinerators only burn wood
wastes, yard waste and clean lumber and that such air curtain
incinerators comply with opacity limitations to be established
by the USEPA by rule.
"Source" means any stationary source (or any group of
stationary sources) that is located on one or more contiguous
or adjacent properties that are under common control of the
same person (or persons under common control) and that belongs
to a single major industrial grouping. For the purposes of
defining "source," a stationary source or group of stationary
sources shall be considered part of a single major industrial
grouping if all of the pollutant emitting activities at such
source or group of sources located on contiguous or adjacent
properties and under common control belong to the same Major
Group (i.e., all have the same two-digit code) as described in
the Standard Industrial Classification Manual, 1987, or such
pollutant emitting activities at a stationary source (or group
of stationary sources) located on contiguous or adjacent
properties and under common control constitute a support
facility. The determination as to whether any group of
stationary sources is located on contiguous or adjacent

10100HB1841ham001 - 35 - LRB101 05734 CPF 58782 a
properties, and/or is under common control, and/or whether the
pollutant emitting activities at such group of stationary
sources constitute a support facility shall be made on a case
by case basis.
"Stationary source" means any building, structure,
facility, or installation that emits or may emit any regulated
air pollutant or any pollutant listed under Section 112(b) of
the Clean Air Act, except those emissions resulting directly
from an internal combustion engine for transportation purposes
or from a nonroad engine or nonroad vehicle as defined in
Section 216 of the Clean Air Act.
"Subject to regulation" has the meaning given to it in 40
CFR 70.2, as now or hereafter amended.
"Support facility" means any stationary source (or group of
stationary sources) that conveys, stores, or otherwise assists
to a significant extent in the production of a principal
product at another stationary source (or group of stationary
sources). A support facility shall be considered to be part of
the same source as the stationary source (or group of
stationary sources) that it supports regardless of the 2-digit
Standard Industrial Classification code for the support
facility.
"USEPA" means the Administrator of the United States
Environmental Protection Agency (USEPA) or a person designated
by the Administrator.

10100HB1841ham001 - 36 - LRB101 05734 CPF 58782 a
1.1. Exclusion From the CAAPP.
a. An owner or operator of a source which determines
that the source could be excluded from the CAAPP may seek
such exclusion prior to the date that the CAAPP application
for the source is due but in no case later than 9 months
after the effective date of the CAAPP through the
imposition of federally enforceable conditions limiting
the "potential to emit" of the source to a level below the
major source threshold for that source as described in
paragraph (c) of subsection 2 of this Section, within a
State operating permit issued pursuant to subsection (a) of
Section 39 of this Act. After such date, an exclusion from
the CAAPP may be sought under paragraph (c) of subsection 3
of this Section.
b. An owner or operator of a source seeking exclusion
from the CAAPP pursuant to paragraph (a) of this subsection
must submit a permit application consistent with the
existing State permit program which specifically requests
such exclusion through the imposition of such federally
enforceable conditions.
c. Upon such request, if the Agency determines that the
owner or operator of a source has met the requirements for
exclusion pursuant to paragraph (a) of this subsection and
other applicable requirements for permit issuance under
subsection (a) of Section 39 of this Act, the Agency shall
issue a State operating permit for such source under

10100HB1841ham001 - 37 - LRB101 05734 CPF 58782 a
subsection (a) of Section 39 of this Act, as amended, and
regulations promulgated thereunder with federally
enforceable conditions limiting the "potential to emit" of
the source to a level below the major source threshold for
that source as described in paragraph (c) of subsection 2
of this Section.
d. The Agency shall provide an owner or operator of a
source which may be excluded from the CAAPP pursuant to
this subsection with reasonable notice that the owner or
operator may seek such exclusion.
e. The Agency shall provide such sources with the
necessary permit application forms.
2. Applicability.
a. Sources subject to this Section shall include:
i. Any major source as defined in paragraph (c) of
this subsection.
ii. Any source subject to a standard or other
requirements promulgated under Section 111 (New Source
Performance Standards) or Section 112 (Hazardous Air
Pollutants) of the Clean Air Act, except that a source
is not required to obtain a permit solely because it is
subject to regulations or requirements under Section
112(r) of the Clean Air Act.
iii. Any affected source for acid deposition, as
defined in subsection 1 of this Section.

10100HB1841ham001 - 38 - LRB101 05734 CPF 58782 a
iv. Any other source subject to this Section under
the Clean Air Act or regulations promulgated
thereunder, or applicable Board regulations.
b. Sources exempted from this Section shall include:
i. All sources listed in paragraph (a) of this
subsection that are not major sources, affected
sources for acid deposition or solid waste
incineration units required to obtain a permit
pursuant to Section 129(e) of the Clean Air Act, until
the source is required to obtain a CAAPP permit
pursuant to the Clean Air Act or regulations
promulgated thereunder.
ii. Nonmajor sources subject to a standard or other
requirements subsequently promulgated by USEPA under
Section 111 or 112 of the Clean Air Act that are
determined by USEPA to be exempt at the time a new
standard is promulgated.
iii. All sources and source categories that would
be required to obtain a permit solely because they are
subject to Part 60, Subpart AAA - Standards of
Performance for New Residential Wood Heaters (40 CFR
Part 60).
iv. All sources and source categories that would be
required to obtain a permit solely because they are
subject to Part 61, Subpart M - National Emission
Standard for Hazardous Air Pollutants for Asbestos,

10100HB1841ham001 - 39 - LRB101 05734 CPF 58782 a
Section 61.145 (40 CFR Part 61).
v. Any other source categories exempted by USEPA
regulations pursuant to Section 502(a) of the Clean Air
Act.
vi. Major sources of greenhouse gas emissions
required to obtain a CAAPP permit under this Section if
any of the following occurs:
(A) enactment of federal legislation depriving
the Administrator of the USEPA of authority to
regulate greenhouse gases under the Clean Air Act;
(B) the issuance of any opinion, ruling,
judgment, order, or decree by a federal court
depriving the Administrator of the USEPA of
authority to regulate greenhouse gases under the
Clean Air Act; or
(C) action by the President of the United
States or the President's authorized agent,
including the Administrator of the USEPA, to
repeal or withdraw the Greenhouse Gas Tailoring
Rule (75 Fed. Reg. 31514, June 3, 2010).
If any event listed in this subparagraph (vi)
occurs, CAAPP permits issued after such event shall not
impose permit terms or conditions addressing
greenhouse gases during the effectiveness of any event
listed in subparagraph (vi). If any event listed in
this subparagraph (vi) occurs, any owner or operator

10100HB1841ham001 - 40 - LRB101 05734 CPF 58782 a
with a CAAPP permit that includes terms or conditions
addressing greenhouse gases may elect to submit an
application to the Agency to address a revision or
repeal of such terms or conditions. If any owner or
operator submits such an application, the Agency shall
expeditiously process the permit application in
accordance with applicable laws and regulations.
Nothing in this subparagraph (vi) shall relieve an
owner or operator of a source from the requirement to
obtain a CAAPP permit for its emissions of regulated
air pollutants other than greenhouse gases, as
required by this Section.
c. For purposes of this Section the term "major source"
means any source that is:
i. A major source under Section 112 of the Clean
Air Act, which is defined as:
A. For pollutants other than radionuclides,
any stationary source or group of stationary
sources located within a contiguous area and under
common control that emits or has the potential to
emit, in the aggregate, 10 tons per year (tpy) or
more of any hazardous air pollutant which has been
listed pursuant to Section 112(b) of the Clean Air
Act, 25 tpy or more of any combination of such
hazardous air pollutants, or such lesser quantity
as USEPA may establish by rule. Notwithstanding

10100HB1841ham001 - 41 - LRB101 05734 CPF 58782 a
the preceding sentence, emissions from any oil or
gas exploration or production well (with its
associated equipment) and emissions from any
pipeline compressor or pump station shall not be
aggregated with emissions from other similar
units, whether or not such units are in a
contiguous area or under common control, to
determine whether such stations are major sources.
B. For radionuclides, "major source" shall
have the meaning specified by the USEPA by rule.
ii. A major stationary source of air pollutants, as
defined in Section 302 of the Clean Air Act, that
directly emits or has the potential to emit, 100 tpy or
more of any air pollutant subject to regulation
(including any major source of fugitive emissions of
any such pollutant, as determined by rule by USEPA).
For purposes of this subsection, "fugitive emissions"
means those emissions which could not reasonably pass
through a stack, chimney, vent, or other
functionally-equivalent opening. The fugitive
emissions of a stationary source shall not be
considered in determining whether it is a major
stationary source for the purposes of Section 302(j) of
the Clean Air Act, unless the source belongs to one of
the following categories of stationary source:
A. Coal cleaning plants (with thermal dryers).

10100HB1841ham001 - 42 - LRB101 05734 CPF 58782 a
B. Kraft pulp mills.
C. Portland cement plants.
D. Primary zinc smelters.
E. Iron and steel mills.
F. Primary aluminum ore reduction plants.
G. Primary copper smelters.
H. Municipal incinerators capable of charging
more than 250 tons of refuse per day.
I. Hydrofluoric, sulfuric, or nitric acid
plants.
J. Petroleum refineries.
K. Lime plants.
L. Phosphate rock processing plants.
M. Coke oven batteries.
N. Sulfur recovery plants.
O. Carbon black plants (furnace process).
P. Primary lead smelters.
Q. Fuel conversion plants.
R. Sintering plants.
S. Secondary metal production plants.
T. Chemical process plants.
U. Fossil-fuel boilers (or combination
thereof) totaling more than 250 million British
thermal units per hour heat input.
V. Petroleum storage and transfer units with a
total storage capacity exceeding 300,000 barrels.

10100HB1841ham001 - 43 - LRB101 05734 CPF 58782 a
W. Taconite ore processing plants.
X. Glass fiber processing plants.
Y. Charcoal production plants.
Z. Fossil fuel-fired steam electric plants of
more than 250 million British thermal units per
hour heat input.
AA. All other stationary source categories,
which as of August 7, 1980 are being regulated by a
standard promulgated under Section 111 or 112 of
the Clean Air Act.
BB. Any other stationary source category
designated by USEPA by rule.
CC. Sterilization facilities that utilize
ethylene oxide.
iii. A major stationary source as defined in part D
of Title I of the Clean Air Act including:
A. For ozone nonattainment areas, sources with
the potential to emit 100 tons or more per year of
volatile organic compounds or oxides of nitrogen
in areas classified as "marginal" or "moderate",
50 tons or more per year in areas classified as
"serious", 25 tons or more per year in areas
classified as "severe", and 10 tons or more per
year in areas classified as "extreme"; except that
the references in this clause to 100, 50, 25, and
10 tons per year of nitrogen oxides shall not apply

10100HB1841ham001 - 44 - LRB101 05734 CPF 58782 a
with respect to any source for which USEPA has made
a finding, under Section 182(f)(1) or (2) of the
Clean Air Act, that requirements otherwise
applicable to such source under Section 182(f) of
the Clean Air Act do not apply. Such sources shall
remain subject to the major source criteria of
subparagraph (ii) of paragraph (c) of this
subsection.
B. For ozone transport regions established
pursuant to Section 184 of the Clean Air Act,
sources with the potential to emit 50 tons or more
per year of volatile organic compounds (VOCs).
C. For carbon monoxide nonattainment areas (1)
that are classified as "serious", and (2) in which
stationary sources contribute significantly to
carbon monoxide levels as determined under rules
issued by USEPA, sources with the potential to emit
50 tons or more per year of carbon monoxide.
D. For particulate matter (PM-10)
nonattainment areas classified as "serious",
sources with the potential to emit 70 tons or more
per year of PM-10.
3. Agency Authority To Issue CAAPP Permits and Federally
Enforceable State Operating Permits.
a. The Agency shall issue CAAPP permits under this

10100HB1841ham001 - 45 - LRB101 05734 CPF 58782 a
Section consistent with the Clean Air Act and regulations
promulgated thereunder and this Act and regulations
promulgated thereunder.
b. The Agency shall issue CAAPP permits for fixed terms
of 5 years, except CAAPP permits issued for solid waste
incineration units combusting municipal waste which shall
be issued for fixed terms of 12 years and except CAAPP
permits for affected sources for acid deposition which
shall be issued for initial terms to expire on December 31,
1999, and for fixed terms of 5 years thereafter.
c. The Agency shall have the authority to issue a State
operating permit for a source under subsection (a) of
Section 39 of this Act, as amended, and regulations
promulgated thereunder, which includes federally
enforceable conditions limiting the "potential to emit" of
the source to a level below the major source threshold for
that source as described in paragraph (c) of subsection 2
of this Section, thereby excluding the source from the
CAAPP, when requested by the applicant pursuant to
paragraph (u) of subsection 5 of this Section. The public
notice requirements of this Section applicable to CAAPP
permits shall also apply to the initial issuance of permits
under this paragraph.
d. For purposes of this Act, a permit issued by USEPA
under Section 505 of the Clean Air Act, as now and
hereafter amended, shall be deemed to be a permit issued by

10100HB1841ham001 - 46 - LRB101 05734 CPF 58782 a
the Agency pursuant to Section 39.5 of this Act.
4. Transition.
a. An owner or operator of a CAAPP source shall not be
required to renew an existing State operating permit for
any emission unit at such CAAPP source once a CAAPP
application timely submitted prior to expiration of the
State operating permit has been deemed complete. For
purposes other than permit renewal, the obligation upon the
owner or operator of a CAAPP source to obtain a State
operating permit is not removed upon submittal of the
complete CAAPP permit application. An owner or operator of
a CAAPP source seeking to make a modification to a source
prior to the issuance of its CAAPP permit shall be required
to obtain a construction permit, operating permit, or both
as required for such modification in accordance with the
State permit program under subsection (a) of Section 39 of
this Act, as amended, and regulations promulgated
thereunder. The application for such construction permit,
operating permit, or both shall be considered an amendment
to the CAAPP application submitted for such source.
b. An owner or operator of a CAAPP source shall
continue to operate in accordance with the terms and
conditions of its applicable State operating permit
notwithstanding the expiration of the State operating
permit until the source's CAAPP permit has been issued.

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c. An owner or operator of a CAAPP source shall submit
its initial CAAPP application to the Agency no later than
12 months after the effective date of the CAAPP. The Agency
may request submittal of initial CAAPP applications during
this 12-month period according to a schedule set forth
within Agency procedures, however, in no event shall the
Agency require such submittal earlier than 3 months after
such effective date of the CAAPP. An owner or operator may
voluntarily submit its initial CAAPP application prior to
the date required within this paragraph or applicable
procedures, if any, subsequent to the date the Agency
submits the CAAPP to USEPA for approval.
d. The Agency shall act on initial CAAPP applications
in accordance with paragraph (j) of subsection 5 of this
Section.
e. For purposes of this Section, the term "initial
CAAPP application" shall mean the first CAAPP application
submitted for a source existing as of the effective date of
the CAAPP.
f. The Agency shall provide owners or operators of
CAAPP sources with at least 3 months advance notice of the
date on which their applications are required to be
submitted. In determining which sources shall be subject to
early submittal, the Agency shall include among its
considerations the complexity of the permit application,
and the burden that such early submittal will have on the

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source.
g. The CAAPP permit shall upon becoming effective
supersede the State operating permit.
h. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
5. Applications and Completeness.
a. An owner or operator of a CAAPP source shall submit
its complete CAAPP application consistent with the Act and
applicable regulations.
b. An owner or operator of a CAAPP source shall submit
a single complete CAAPP application covering all emission
units at that source.
c. To be deemed complete, a CAAPP application must
provide all information, as requested in Agency
application forms, sufficient to evaluate the subject
source and its application and to determine all applicable
requirements, pursuant to the Clean Air Act, and
regulations thereunder, this Act and regulations
thereunder. Such Agency application forms shall be
finalized and made available prior to the date on which any
CAAPP application is required.
d. An owner or operator of a CAAPP source shall submit,
as part of its complete CAAPP application, a compliance

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plan, including a schedule of compliance, describing how
each emission unit will comply with all applicable
requirements. Any such schedule of compliance shall be
supplemental to, and shall not sanction noncompliance
with, the applicable requirements on which it is based.
e. Each submitted CAAPP application shall be certified
for truth, accuracy, and completeness by a responsible
official in accordance with applicable regulations.
f. The Agency shall provide notice to a CAAPP applicant
as to whether a submitted CAAPP application is complete.
Unless the Agency notifies the applicant of
incompleteness, within 60 days after receipt of the CAAPP
application, the application shall be deemed complete. The
Agency may request additional information as needed to make
the completeness determination. The Agency may to the
extent practicable provide the applicant with a reasonable
opportunity to correct deficiencies prior to a final
determination of completeness.
g. If after the determination of completeness the
Agency finds that additional information is necessary to
evaluate or take final action on the CAAPP application, the
Agency may request in writing such information from the
source with a reasonable deadline for response.
h. If the owner or operator of a CAAPP source submits a
timely and complete CAAPP application, the source's
failure to have a CAAPP permit shall not be a violation of

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this Section until the Agency takes final action on the
submitted CAAPP application, provided, however, where the
applicant fails to submit the requested information under
paragraph (g) of this subsection 5 within the time frame
specified by the Agency, this protection shall cease to
apply.
i. Any applicant who fails to submit any relevant facts
necessary to evaluate the subject source and its CAAPP
application or who has submitted incorrect information in a
CAAPP application shall, upon becoming aware of such
failure or incorrect submittal, submit supplementary facts
or correct information to the Agency. In addition, an
applicant shall provide to the Agency additional
information as necessary to address any requirements which
become applicable to the source subsequent to the date the
applicant submitted its complete CAAPP application but
prior to release of the draft CAAPP permit.
j. The Agency shall issue or deny the CAAPP permit
within 18 months after the date of receipt of the complete
CAAPP application, with the following exceptions: (i)
permits for affected sources for acid deposition shall be
issued or denied within 6 months after receipt of a
complete application in accordance with subsection 17 of
this Section; (ii) the Agency shall act on initial CAAPP
applications within 24 months after the date of receipt of
the complete CAAPP application; (iii) the Agency shall act

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on complete applications containing early reduction
demonstrations under Section 112(i)(5) of the Clean Air Act
within 9 months of receipt of the complete CAAPP
application.
Where the Agency does not take final action on the
permit within the required time period, the permit shall
not be deemed issued; rather, the failure to act shall be
treated as a final permit action for purposes of judicial
review pursuant to Sections 40.2 and 41 of this Act.
k. The submittal of a complete CAAPP application shall
not affect the requirement that any source have a
preconstruction permit under Title I of the Clean Air Act.
l. Unless a timely and complete renewal application has
been submitted consistent with this subsection, a CAAPP
source operating upon the expiration of its CAAPP permit
shall be deemed to be operating without a CAAPP permit.
Such operation is prohibited under this Act.
m. Permits being renewed shall be subject to the same
procedural requirements, including those for public
participation and federal review and objection, that apply
to original permit issuance.
n. For purposes of permit renewal, a timely application
is one that is submitted no less than 9 months prior to the
date of permit expiration.
o. The terms and conditions of a CAAPP permit shall
remain in effect until the issuance of a CAAPP renewal

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permit provided a timely and complete CAAPP application has
been submitted.
p. The owner or operator of a CAAPP source seeking a
permit shield pursuant to paragraph (j) of subsection 7 of
this Section shall request such permit shield in the CAAPP
application regarding that source.
q. The Agency shall make available to the public all
documents submitted by the applicant to the Agency,
including each CAAPP application, compliance plan
(including the schedule of compliance), and emissions or
compliance monitoring report, with the exception of
information entitled to confidential treatment pursuant to
Section 7 of this Act.
r. The Agency shall use the standardized forms required
under Title IV of the Clean Air Act and regulations
promulgated thereunder for affected sources for acid
deposition.
s. An owner or operator of a CAAPP source may include
within its CAAPP application a request for permission to
operate during a startup, malfunction, or breakdown
consistent with applicable Board regulations.
t. An owner or operator of a CAAPP source, in order to
utilize the operational flexibility provided under
paragraph (l) of subsection 7 of this Section, must request
such use and provide the necessary information within its
CAAPP application.

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u. An owner or operator of a CAAPP source which seeks
exclusion from the CAAPP through the imposition of
federally enforceable conditions, pursuant to paragraph
(c) of subsection 3 of this Section, must request such
exclusion within a CAAPP application submitted consistent
with this subsection on or after the date that the CAAPP
application for the source is due. Prior to such date, but
in no case later than 9 months after the effective date of
the CAAPP, such owner or operator may request the
imposition of federally enforceable conditions pursuant to
paragraph (b) of subsection 1.1 of this Section.
v. CAAPP applications shall contain accurate
information on allowable emissions to implement the fee
provisions of subsection 18 of this Section.
w. An owner or operator of a CAAPP source shall submit
within its CAAPP application emissions information
regarding all regulated air pollutants emitted at that
source consistent with applicable Agency procedures.
Emissions information regarding insignificant activities
or emission levels, as determined by the Agency pursuant to
Board regulations, may be submitted as a list within the
CAAPP application. The Agency shall propose regulations to
the Board defining insignificant activities or emission
levels, consistent with federal regulations, if any, no
later than 18 months after the effective date of this
amendatory Act of 1992, consistent with Section 112(n)(1)

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of the Clean Air Act. The Board shall adopt final
regulations defining insignificant activities or emission
levels no later than 9 months after the date of the
Agency's proposal.
x. The owner or operator of a new CAAPP source shall
submit its complete CAAPP application consistent with this
subsection within 12 months after commencing operation of
such source. The owner or operator of an existing source
that has been excluded from the provisions of this Section
under subsection 1.1 or paragraph (c) of subsection 3 of
this Section and that becomes subject to the CAAPP solely
due to a change in operation at the source shall submit its
complete CAAPP application consistent with this subsection
at least 180 days before commencing operation in accordance
with the change in operation.
y. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary to implement this subsection.
6. Prohibitions.
a. It shall be unlawful for any person to violate any
terms or conditions of a permit issued under this Section,
to operate any CAAPP source except in compliance with a
permit issued by the Agency under this Section or to
violate any other applicable requirements. All terms and

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conditions of a permit issued under this Section are
enforceable by USEPA and citizens under the Clean Air Act,
except those, if any, that are specifically designated as
not being federally enforceable in the permit pursuant to
paragraph (m) of subsection 7 of this Section.
b. After the applicable CAAPP permit or renewal
application submittal date, as specified in subsection 5 of
this Section, no person shall operate a CAAPP source
without a CAAPP permit unless the complete CAAPP permit or
renewal application for such source has been timely
submitted to the Agency.
c. No owner or operator of a CAAPP source shall cause
or threaten or allow the continued operation of an emission
source during malfunction or breakdown of the emission
source or related air pollution control equipment if such
operation would cause a violation of the standards or
limitations applicable to the source, unless the CAAPP
permit granted to the source provides for such operation
consistent with this Act and applicable Board regulations.
7. Permit Content.
a. All CAAPP permits shall contain emission
limitations and standards and other enforceable terms and
conditions, including but not limited to operational
requirements, and schedules for achieving compliance at
the earliest reasonable date, which are or will be required

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to accomplish the purposes and provisions of this Act and
to assure compliance with all applicable requirements.
b. The Agency shall include among such conditions
applicable monitoring, reporting, record keeping and
compliance certification requirements, as authorized by
paragraphs (d), (e), and (f) of this subsection, that the
Agency deems necessary to assure compliance with the Clean
Air Act, the regulations promulgated thereunder, this Act,
and applicable Board regulations. When monitoring,
reporting, record keeping, and compliance certification
requirements are specified within the Clean Air Act,
regulations promulgated thereunder, this Act, or
applicable regulations, such requirements shall be
included within the CAAPP permit. The Board shall have
authority to promulgate additional regulations where
necessary to accomplish the purposes of the Clean Air Act,
this Act, and regulations promulgated thereunder.
c. The Agency shall assure, within such conditions, the
use of terms, test methods, units, averaging periods, and
other statistical conventions consistent with the
applicable emission limitations, standards, and other
requirements contained in the permit.
d. To meet the requirements of this subsection with
respect to monitoring, the permit shall:
i. Incorporate and identify all applicable
emissions monitoring and analysis procedures or test

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methods required under the Clean Air Act, regulations
promulgated thereunder, this Act, and applicable Board
regulations, including any procedures and methods
promulgated by USEPA pursuant to Section 504(b) or
Section 114 (a)(3) of the Clean Air Act.
ii. Where the applicable requirement does not
require periodic testing or instrumental or
noninstrumental monitoring (which may consist of
recordkeeping designed to serve as monitoring),
require periodic monitoring sufficient to yield
reliable data from the relevant time period that is
representative of the source's compliance with the
permit, as reported pursuant to paragraph (f) of this
subsection. The Agency may determine that
recordkeeping requirements are sufficient to meet the
requirements of this subparagraph.
iii. As necessary, specify requirements concerning
the use, maintenance, and when appropriate,
installation of monitoring equipment or methods.
e. To meet the requirements of this subsection with
respect to record keeping, the permit shall incorporate and
identify all applicable recordkeeping requirements and
require, where applicable, the following:
i. Records of required monitoring information that
include the following:
A. The date, place and time of sampling or

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measurements.
B. The date(s) analyses were performed.
C. The company or entity that performed the
analyses.
D. The analytical techniques or methods used.
E. The results of such analyses.
F. The operating conditions as existing at the
time of sampling or measurement.
ii. Retention of records of all monitoring data and
support information for a period of at least 5 years
from the date of the monitoring sample, measurement,
report, or application. Support information includes
all calibration and maintenance records, original
strip-chart recordings for continuous monitoring
instrumentation, and copies of all reports required by
the permit.
f. To meet the requirements of this subsection with
respect to reporting, the permit shall incorporate and
identify all applicable reporting requirements and require
the following:
i. Submittal of reports of any required monitoring
every 6 months. More frequent submittals may be
requested by the Agency if such submittals are
necessary to assure compliance with this Act or
regulations promulgated by the Board thereunder. All
instances of deviations from permit requirements must

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be clearly identified in such reports. All required
reports must be certified by a responsible official
consistent with subsection 5 of this Section.
ii. Prompt reporting of deviations from permit
requirements, including those attributable to upset
conditions as defined in the permit, the probable cause
of such deviations, and any corrective actions or
preventive measures taken.
g. Each CAAPP permit issued under subsection 10 of this
Section shall include a condition prohibiting emissions
exceeding any allowances that the source lawfully holds
under Title IV of the Clean Air Act or the regulations
promulgated thereunder, consistent with subsection 17 of
this Section and applicable regulations, if any.
h. All CAAPP permits shall state that, where another
applicable requirement of the Clean Air Act is more
stringent than any applicable requirement of regulations
promulgated under Title IV of the Clean Air Act, both
provisions shall be incorporated into the permit and shall
be State and federally enforceable.
i. Each CAAPP permit issued under subsection 10 of this
Section shall include a severability clause to ensure the
continued validity of the various permit requirements in
the event of a challenge to any portions of the permit.
j. The following shall apply with respect to owners or
operators requesting a permit shield:

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i. The Agency shall include in a CAAPP permit, when
requested by an applicant pursuant to paragraph (p) of
subsection 5 of this Section, a provision stating that
compliance with the conditions of the permit shall be
deemed compliance with applicable requirements which
are applicable as of the date of release of the
proposed permit, provided that:
A. The applicable requirement is specifically
identified within the permit; or
B. The Agency in acting on the CAAPP
application or revision determines in writing that
other requirements specifically identified are not
applicable to the source, and the permit includes
that determination or a concise summary thereof.
ii. The permit shall identify the requirements for
which the source is shielded. The shield shall not
extend to applicable requirements which are
promulgated after the date of release of the proposed
permit unless the permit has been modified to reflect
such new requirements.
iii. A CAAPP permit which does not expressly
indicate the existence of a permit shield shall not
provide such a shield.
iv. Nothing in this paragraph or in a CAAPP permit
shall alter or affect the following:
A. The provisions of Section 303 (emergency

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powers) of the Clean Air Act, including USEPA's
authority under that section.
B. The liability of an owner or operator of a
source for any violation of applicable
requirements prior to or at the time of permit
issuance.
C. The applicable requirements of the acid
rain program consistent with Section 408(a) of the
Clean Air Act.
D. The ability of USEPA to obtain information
from a source pursuant to Section 114
(inspections, monitoring, and entry) of the Clean
Air Act.
k. Each CAAPP permit shall include an emergency
provision providing an affirmative defense of emergency to
an action brought for noncompliance with technology-based
emission limitations under a CAAPP permit if the following
conditions are met through properly signed,
contemporaneous operating logs, or other relevant
evidence:
i. An emergency occurred and the permittee can
identify the cause(s) of the emergency.
ii. The permitted facility was at the time being
properly operated.
iii. The permittee submitted notice of the
emergency to the Agency within 2 working days after the

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time when emission limitations were exceeded due to the
emergency. This notice must contain a detailed
description of the emergency, any steps taken to
mitigate emissions, and corrective actions taken.
iv. During the period of the emergency the
permittee took all reasonable steps to minimize levels
of emissions that exceeded the emission limitations,
standards, or requirements in the permit.
For purposes of this subsection, "emergency" means any
situation arising from sudden and reasonably unforeseeable
events beyond the control of the source, such as an act of
God, that requires immediate corrective action to restore
normal operation, and that causes the source to exceed a
technology-based emission limitation under the permit, due
to unavoidable increases in emissions attributable to the
emergency. An emergency shall not include noncompliance to
the extent caused by improperly designed equipment, lack of
preventative maintenance, careless or improper operation,
or operation error.
In any enforcement proceeding, the permittee seeking
to establish the occurrence of an emergency has the burden
of proof. This provision is in addition to any emergency or
upset provision contained in any applicable requirement.
This provision does not relieve a permittee of any
reporting obligations under existing federal or state laws
or regulations.

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l. The Agency shall include in each permit issued under
subsection 10 of this Section:
i. Terms and conditions for reasonably anticipated
operating scenarios identified by the source in its
application. The permit terms and conditions for each
such operating scenario shall meet all applicable
requirements and the requirements of this Section.
A. Under this subparagraph, the source must
record in a log at the permitted facility a record
of the scenario under which it is operating
contemporaneously with making a change from one
operating scenario to another.
B. The permit shield described in paragraph
(j) of subsection 7 of this Section shall extend to
all terms and conditions under each such operating
scenario.
ii. Where requested by an applicant, all terms and
conditions allowing for trading of emissions increases
and decreases between different emission units at the
CAAPP source, to the extent that the applicable
requirements provide for trading of such emissions
increases and decreases without a case-by-case
approval of each emissions trade. Such terms and
conditions:
A. Shall include all terms required under this
subsection to determine compliance;

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B. Must meet all applicable requirements;
C. Shall extend the permit shield described in
paragraph (j) of subsection 7 of this Section to
all terms and conditions that allow such increases
and decreases in emissions.
m. The Agency shall specifically designate as not being
federally enforceable under the Clean Air Act any terms and
conditions included in the permit that are not specifically
required under the Clean Air Act or federal regulations
promulgated thereunder. Terms or conditions so designated
shall be subject to all applicable State requirements,
except the requirements of subsection 7 (other than this
paragraph, paragraph q of subsection 7, subsections 8
through 11, and subsections 13 through 16 of this Section.
The Agency shall, however, include such terms and
conditions in the CAAPP permit issued to the source.
n. Each CAAPP permit issued under subsection 10 of this
Section shall specify and reference the origin of and
authority for each term or condition, and identify any
difference in form as compared to the applicable
requirement upon which the term or condition is based.
o. Each CAAPP permit issued under subsection 10 of this
Section shall include provisions stating the following:
i. Duty to comply. The permittee must comply with
all terms and conditions of the CAAPP permit. Any
permit noncompliance constitutes a violation of the

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Clean Air Act and the Act, and is grounds for any or
all of the following: enforcement action; permit
termination, revocation and reissuance, or
modification; or denial of a permit renewal
application.
ii. Need to halt or reduce activity not a defense.
It shall not be a defense for a permittee in an
enforcement action that it would have been necessary to
halt or reduce the permitted activity in order to
maintain compliance with the conditions of this
permit.
iii. Permit actions. The permit may be modified,
revoked, reopened, and reissued, or terminated for
cause in accordance with the applicable subsections of
Section 39.5 of this Act. The filing of a request by
the permittee for a permit modification, revocation
and reissuance, or termination, or of a notification of
planned changes or anticipated noncompliance does not
stay any permit condition.
iv. Property rights. The permit does not convey any
property rights of any sort, or any exclusive
privilege.
v. Duty to provide information. The permittee
shall furnish to the Agency within a reasonable time
specified by the Agency any information that the Agency
may request in writing to determine whether cause

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exists for modifying, revoking and reissuing, or
terminating the permit or to determine compliance with
the permit. Upon request, the permittee shall also
furnish to the Agency copies of records required to be
kept by the permit or, for information claimed to be
confidential, the permittee may furnish such records
directly to USEPA along with a claim of
confidentiality.
vi. Duty to pay fees. The permittee must pay fees
to the Agency consistent with the fee schedule approved
pursuant to subsection 18 of this Section, and submit
any information relevant thereto.
vii. Emissions trading. No permit revision shall
be required for increases in emissions allowed under
any approved economic incentives, marketable permits,
emissions trading, and other similar programs or
processes for changes that are provided for in the
permit and that are authorized by the applicable
requirement.
p. Each CAAPP permit issued under subsection 10 of this
Section shall contain the following elements with respect
to compliance:
i. Compliance certification, testing, monitoring,
reporting, and record keeping requirements sufficient
to assure compliance with the terms and conditions of
the permit. Any document (including reports) required

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by a CAAPP permit shall contain a certification by a
responsible official that meets the requirements of
subsection 5 of this Section and applicable
regulations.
ii. Inspection and entry requirements that
necessitate that, upon presentation of credentials and
other documents as may be required by law and in
accordance with constitutional limitations, the
permittee shall allow the Agency, or an authorized
representative to perform the following:
A. Enter upon the permittee's premises where a
CAAPP source is located or emissions-related
activity is conducted, or where records must be
kept under the conditions of the permit.
B. Have access to and copy, at reasonable
times, any records that must be kept under the
conditions of the permit.
C. Inspect at reasonable times any facilities,
equipment (including monitoring and air pollution
control equipment), practices, or operations
regulated or required under the permit.
D. Sample or monitor any substances or
parameters at any location:
1. As authorized by the Clean Air Act, at
reasonable times, for the purposes of assuring
compliance with the CAAPP permit or applicable

10100HB1841ham001 - 68 - LRB101 05734 CPF 58782 a
requirements; or
2. As otherwise authorized by this Act.
iii. A schedule of compliance consistent with
subsection 5 of this Section and applicable
regulations.
iv. Progress reports consistent with an applicable
schedule of compliance pursuant to paragraph (d) of
subsection 5 of this Section and applicable
regulations to be submitted semiannually, or more
frequently if the Agency determines that such more
frequent submittals are necessary for compliance with
the Act or regulations promulgated by the Board
thereunder. Such progress reports shall contain the
following:
A. Required dates for achieving the
activities, milestones, or compliance required by
the schedule of compliance and dates when such
activities, milestones or compliance were
achieved.
B. An explanation of why any dates in the
schedule of compliance were not or will not be met,
and any preventive or corrective measures adopted.
v. Requirements for compliance certification with
terms and conditions contained in the permit,
including emission limitations, standards, or work
practices. Permits shall include each of the

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following:
A. The frequency (annually or more frequently
as specified in any applicable requirement or by
the Agency pursuant to written procedures) of
submissions of compliance certifications.
B. A means for assessing or monitoring the
compliance of the source with its emissions
limitations, standards, and work practices.
C. A requirement that the compliance
certification include the following:
1. The identification of each term or
condition contained in the permit that is the
basis of the certification.
2. The compliance status.
3. Whether compliance was continuous or
intermittent.
4. The method(s) used for determining the
compliance status of the source, both
currently and over the reporting period
consistent with subsection 7 of this Section.
D. A requirement that all compliance
certifications be submitted to the Agency.
E. Additional requirements as may be specified
pursuant to Sections 114(a)(3) and 504(b) of the
Clean Air Act.
F. Other provisions as the Agency may require.

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q. If the owner or operator of CAAPP source can
demonstrate in its CAAPP application, including an
application for a significant modification, that an
alternative emission limit would be equivalent to that
contained in the applicable Board regulations, the Agency
shall include the alternative emission limit in the CAAPP
permit, which shall supersede the emission limit set forth
in the applicable Board regulations, and shall include
conditions that insure that the resulting emission limit is
quantifiable, accountable, enforceable, and based on
replicable procedures.
8. Public Notice; Affected State Review.
a. The Agency shall provide notice to the public,
including an opportunity for public comment and a hearing,
on each draft CAAPP permit for issuance, renewal or
significant modification, subject to Section 7.1 and
subsection (a) of Section 7 of this Act.
b. The Agency shall prepare a draft CAAPP permit and a
statement that sets forth the legal and factual basis for
the draft CAAPP permit conditions, including references to
the applicable statutory or regulatory provisions. The
Agency shall provide this statement to any person who
requests it.
c. The Agency shall give notice of each draft CAAPP
permit to the applicant and to any affected State on or

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before the time that the Agency has provided notice to the
public, except as otherwise provided in this Act.
d. The Agency, as part of its submittal of a proposed
permit to USEPA (or as soon as possible after the submittal
for minor permit modification procedures allowed under
subsection 14 of this Section), shall notify USEPA and any
affected State in writing of any refusal of the Agency to
accept all of the recommendations for the proposed permit
that an affected State submitted during the public or
affected State review period. The notice shall include the
Agency's reasons for not accepting the recommendations.
The Agency is not required to accept recommendations that
are not based on applicable requirements or the
requirements of this Section.
e. The Agency shall make available to the public any
CAAPP permit application, compliance plan (including the
schedule of compliance), CAAPP permit, and emissions or
compliance monitoring report. If an owner or operator of a
CAAPP source is required to submit information entitled to
protection from disclosure under Section 7.1 and
subsection (a) of Section 7 of this Act, the owner or
operator shall submit such information separately. The
requirements of Section 7.1 and subsection (a) of Section 7
of this Act shall apply to such information, which shall
not be included in a CAAPP permit unless required by law.
The contents of a CAAPP permit shall not be entitled to

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protection under Section 7.1 and subsection (a) of Section
7 of this Act.
f. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
g. If requested by the permit applicant, the Agency
shall provide the permit applicant with a copy of the draft
CAAPP permit prior to any public review period. If
requested by the permit applicant, the Agency shall provide
the permit applicant with a copy of the final CAAPP permit
prior to issuance of the CAAPP permit.
9. USEPA Notice and Objection.
a. The Agency shall provide to USEPA for its review a
copy of each CAAPP application (including any application
for permit modification), statement of basis as provided in
paragraph (b) of subsection 8 of this Section, proposed
CAAPP permit, CAAPP permit, and, if the Agency does not
incorporate any affected State's recommendations on a
proposed CAAPP permit, a written statement of this decision
and its reasons for not accepting the recommendations,
except as otherwise provided in this Act or by agreement
with USEPA. To the extent practicable, the preceding
information shall be provided in computer readable format
compatible with USEPA's national database management

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system.
b. The Agency shall not issue the proposed CAAPP permit
if USEPA objects in writing within 45 days after receipt of
the proposed CAAPP permit and all necessary supporting
information.
c. If USEPA objects in writing to the issuance of the
proposed CAAPP permit within the 45-day period, the Agency
shall respond in writing and may revise and resubmit the
proposed CAAPP permit in response to the stated objection,
to the extent supported by the record, within 90 days after
the date of the objection. Prior to submitting a revised
permit to USEPA, the Agency shall provide the applicant and
any person who participated in the public comment process,
pursuant to subsection 8 of this Section, with a 10-day
period to comment on any revision which the Agency is
proposing to make to the permit in response to USEPA's
objection in accordance with Agency procedures.
d. Any USEPA objection under this subsection,
according to the Clean Air Act, will include a statement of
reasons for the objection and a description of the terms
and conditions that must be in the permit, in order to
adequately respond to the objections. Grounds for a USEPA
objection include the failure of the Agency to: (1) submit
the items and notices required under this subsection; (2)
submit any other information necessary to adequately
review the proposed CAAPP permit; or (3) process the permit

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under subsection 8 of this Section except for minor permit
modifications.
e. If USEPA does not object in writing to issuance of a
permit under this subsection, any person may petition USEPA
within 60 days after expiration of the 45-day review period
to make such objection.
f. If the permit has not yet been issued and USEPA
objects to the permit as a result of a petition, the Agency
shall not issue the permit until USEPA's objection has been
resolved. The Agency shall provide a 10-day comment period
in accordance with paragraph c of this subsection. A
petition does not, however, stay the effectiveness of a
permit or its requirements if the permit was issued after
expiration of the 45-day review period and prior to a USEPA
objection.
g. If the Agency has issued a permit after expiration
of the 45-day review period and prior to receipt of a USEPA
objection under this subsection in response to a petition
submitted pursuant to paragraph e of this subsection, the
Agency may, upon receipt of an objection from USEPA, revise
and resubmit the permit to USEPA pursuant to this
subsection after providing a 10-day comment period in
accordance with paragraph c of this subsection. If the
Agency fails to submit a revised permit in response to the
objection, USEPA shall modify, terminate or revoke the
permit. In any case, the source will not be in violation of

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the requirement to have submitted a timely and complete
application.
h. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
10. Final Agency Action.
a. The Agency shall issue a CAAPP permit, permit
modification, or permit renewal if all of the following
conditions are met:
i. The applicant has submitted a complete and
certified application for a permit, permit
modification, or permit renewal consistent with
subsections 5 and 14 of this Section, as applicable,
and applicable regulations.
ii. The applicant has submitted with its complete
application an approvable compliance plan, including a
schedule for achieving compliance, consistent with
subsection 5 of this Section and applicable
regulations.
iii. The applicant has timely paid the fees
required pursuant to subsection 18 of this Section and
applicable regulations.
iv. The Agency has received a complete CAAPP
application and, if necessary, has requested and

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received additional information from the applicant
consistent with subsection 5 of this Section and
applicable regulations.
v. The Agency has complied with all applicable
provisions regarding public notice and affected State
review consistent with subsection 8 of this Section and
applicable regulations.
vi. The Agency has provided a copy of each CAAPP
application, or summary thereof, pursuant to agreement
with USEPA and proposed CAAPP permit required under
subsection 9 of this Section to USEPA, and USEPA has
not objected to the issuance of the permit in
accordance with the Clean Air Act and 40 CFR Part 70.
b. The Agency shall have the authority to deny a CAAPP
permit, permit modification, or permit renewal if the
applicant has not complied with the requirements of
subparagraphs (i) through (iv) of paragraph (a) of this
subsection or if USEPA objects to its issuance.
c. i. Prior to denial of a CAAPP permit, permit
modification, or permit renewal under this Section,
the Agency shall notify the applicant of the possible
denial and the reasons for the denial.
ii. Within such notice, the Agency shall specify an
appropriate date by which the applicant shall
adequately respond to the Agency's notice. Such date
shall not exceed 15 days from the date the notification

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is received by the applicant. The Agency may grant a
reasonable extension for good cause shown.
iii. Failure by the applicant to adequately
respond by the date specified in the notification or by
any granted extension date shall be grounds for denial
of the permit.
For purposes of obtaining judicial review under
Sections 40.2 and 41 of this Act, the Agency shall
provide to USEPA and each applicant, and, upon request,
to affected States, any person who participated in the
public comment process, and any other person who could
obtain judicial review under Sections 40.2 and 41 of
this Act, a copy of each CAAPP permit or notification
of denial pertaining to that party.
d. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
11. General Permits.
a. The Agency may issue a general permit covering
numerous similar sources, except for affected sources for
acid deposition unless otherwise provided in regulations
promulgated under Title IV of the Clean Air Act.
b. The Agency shall identify, in any general permit,
criteria by which sources may qualify for the general

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permit.
c. CAAPP sources that would qualify for a general
permit must apply for coverage under the terms of the
general permit or must apply for a CAAPP permit consistent
with subsection 5 of this Section and applicable
regulations.
d. The Agency shall comply with the public comment and
hearing provisions of this Section as well as the USEPA and
affected State review procedures prior to issuance of a
general permit.
e. When granting a subsequent request by a qualifying
CAAPP source for coverage under the terms of a general
permit, the Agency shall not be required to repeat the
public notice and comment procedures. The granting of such
request shall not be considered a final permit action for
purposes of judicial review.
f. The Agency may not issue a general permit to cover
any discrete emission unit at a CAAPP source if another
CAAPP permit covers emission units at the source.
g. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
12. Operational Flexibility.
a. An owner or operator of a CAAPP source may make

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changes at the CAAPP source without requiring a prior
permit revision, consistent with subparagraphs (i) through
(iii) of paragraph (a) of this subsection, so long as the
changes are not modifications under any provision of Title
I of the Clean Air Act and they do not exceed the emissions
allowable under the permit (whether expressed therein as a
rate of emissions or in terms of total emissions), provided
that the owner or operator of the CAAPP source provides
USEPA and the Agency with written notification as required
below in advance of the proposed changes, which shall be a
minimum of 7 days, unless otherwise provided by the Agency
in applicable regulations regarding emergencies. The owner
or operator of a CAAPP source and the Agency shall each
attach such notice to their copy of the relevant permit.
i. An owner or operator of a CAAPP source may make
Section 502 (b) (10) changes without a permit revision,
if the changes are not modifications under any
provision of Title I of the Clean Air Act and the
changes do not exceed the emissions allowable under the
permit (whether expressed therein as a rate of
emissions or in terms of total emissions).
A. For each such change, the written
notification required above shall include a brief
description of the change within the source, the
date on which the change will occur, any change in
emissions, and any permit term or condition that is

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no longer applicable as a result of the change.
B. The permit shield described in paragraph
(j) of subsection 7 of this Section shall not apply
to any change made pursuant to this subparagraph.
ii. An owner or operator of a CAAPP source may
trade increases and decreases in emissions in the CAAPP
source, where the applicable implementation plan
provides for such emission trades without requiring a
permit revision. This provision is available in those
cases where the permit does not already provide for
such emissions trading.
A. Under this subparagraph (ii) of paragraph
(a) of this subsection, the written notification
required above shall include such information as
may be required by the provision in the applicable
implementation plan authorizing the emissions
trade, including at a minimum, when the proposed
changes will occur, a description of each such
change, any change in emissions, the permit
requirements with which the source will comply
using the emissions trading provisions of the
applicable implementation plan, and the pollutants
emitted subject to the emissions trade. The notice
shall also refer to the provisions in the
applicable implementation plan with which the
source will comply and provide for the emissions

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trade.
B. The permit shield described in paragraph
(j) of subsection 7 of this Section shall not apply
to any change made pursuant to subparagraph (ii) of
paragraph (a) of this subsection. Compliance with
the permit requirements that the source will meet
using the emissions trade shall be determined
according to the requirements of the applicable
implementation plan authorizing the emissions
trade.
iii. If requested within a CAAPP application, the
Agency shall issue a CAAPP permit which contains terms
and conditions, including all terms required under
subsection 7 of this Section to determine compliance,
allowing for the trading of emissions increases and
decreases at the CAAPP source solely for the purpose of
complying with a federally-enforceable emissions cap
that is established in the permit independent of
otherwise applicable requirements. The owner or
operator of a CAAPP source shall include in its CAAPP
application proposed replicable procedures and permit
terms that ensure the emissions trades are
quantifiable and enforceable. The permit shall also
require compliance with all applicable requirements.
A. Under this subparagraph (iii) of paragraph
(a), the written notification required above shall

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

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(iii) The change shall not qualify for the shield
described in paragraph (j) of subsection 7 of this
Section; and
(iv) The permittee shall keep a record describing
changes made at the source that result in emissions of
a regulated air pollutant subject to an applicable
Clean Air Act requirement, but not otherwise regulated
under the permit, and the emissions resulting from
those changes.
c. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary to implement this subsection.
13. Administrative Permit Amendments.
a. The Agency shall take final action on a request for
an administrative permit amendment within 60 days after
receipt of the request. Neither notice nor an opportunity
for public and affected State comment shall be required for
the Agency to incorporate such revisions, provided it
designates the permit revisions as having been made
pursuant to this subsection.
b. The Agency shall submit a copy of the revised permit
to USEPA.
c. For purposes of this Section the term
"administrative permit amendment" shall be defined as a

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permit revision that can accomplish one or more of the
changes described below:
i. Corrects typographical errors;
ii. Identifies a change in the name, address, or
phone number of any person identified in the permit, or
provides a similar minor administrative change at the
source;
iii. Requires more frequent monitoring or
reporting by the permittee;
iv. Allows for a change in ownership or operational
control of a source where the Agency determines that no
other change in the permit is necessary, provided that
a written agreement containing a specific date for
transfer of permit responsibility, coverage, and
liability between the current and new permittees has
been submitted to the Agency;
v. Incorporates into the CAAPP permit the
requirements from preconstruction review permits
authorized under a USEPA-approved program, provided
the program meets procedural and compliance
requirements substantially equivalent to those
contained in this Section;
vi. (Blank); or
vii. Any other type of change which USEPA has
determined as part of the approved CAAPP permit program
to be similar to those included in this subsection.

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

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

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of Title I of the Clean Air Act; and
F. Are not required to be processed as a
significant modification.
ii. Notwithstanding subparagraph (i) of paragraph
(a) and subparagraph (ii) of paragraph (b) of this
subsection, minor permit modification procedures may
be used for permit modifications involving the use of
economic incentives, marketable permits, emissions
trading, and other similar approaches, to the extent
that such minor permit modification procedures are
explicitly provided for in an applicable
implementation plan or in applicable requirements
promulgated by USEPA.
iii. An applicant requesting the use of minor
permit modification procedures shall meet the
requirements of subsection 5 of this Section and shall
include the following in its application:
A. A description of the change, the emissions
resulting from the change, and any new applicable
requirements that will apply if the change occurs;
B. The source's suggested draft permit;
C. Certification by a responsible official,
consistent with paragraph (e) of subsection 5 of
this Section and applicable regulations, that the
proposed modification meets the criteria for use
of minor permit modification procedures and a

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

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

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pursuant to subsection (a) of Section 39 of this Act
and regulations thereunder, for a change for which the
minor permit modification procedures are applicable,
the source may request that the processing of the
construction permit application be consolidated with
the processing of the application for the minor permit
modification. In such cases, the provisions of this
Section, including those within subsections 5, 8, and
9, shall apply and the Agency shall act on such
applications pursuant to subparagraph (v) of paragraph
(a) of subsection 14 of this Section. The source may
make the proposed change immediately after filing its
application for the minor permit modification. Nothing
in this subparagraph shall otherwise affect the
requirements and procedures applicable to construction
permits.
b. Group Processing of Minor Permit Modifications.
i. Where requested by an applicant within its
application, the Agency shall process groups of a
source's applications for certain modifications
eligible for minor permit modification processing in
accordance with the provisions of this paragraph (b).
ii. Permit modifications may be processed in
accordance with the procedures for group processing,
for those modifications:
A. Which meet the criteria for minor permit

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

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

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

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

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

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and the Clean Air Act. Any such proceeding shall be
conducted pursuant to the Board's procedures for
adjudicatory hearings and the Board shall render its
decision within 120 days of the filing of the petition. The
Agency shall take final action to revoke and reissue a
CAAPP permit consistent with the Board's order.
c. Proceedings regarding a reopened CAAPP permit shall
follow the same procedures as apply to initial permit
issuance and shall affect only those parts of the permit
for which cause to reopen exists.
c-5. A CAAPP permit issued prior to December 1, 2018
and allowing for the use of ethylene oxide may be reopened
and revised, and shall not be subject to either process in
paragraphs b or c. Within 15 days of the Agency's
modification of a permit under this paragraph, the Agency
shall submit the permit to the Board for review. The permit
shall be effective until the Board votes to approve or
reject the modifications.
d. Reopenings under paragraph (a) of this subsection
shall not be initiated before a notice of such intent is
provided to the CAAPP source by the Agency at least 30 days
in advance of the date that the permit is to be reopened,
except that the Agency may provide a shorter time period in
the case of an emergency.
e. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois

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Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
16. Reopenings for Cause by USEPA.
a. When USEPA finds that cause exists to terminate,
modify, or revoke and reissue a CAAPP permit pursuant to
subsection 15 of this Section, and thereafter notifies the
Agency and the permittee of such finding in writing, the
Agency shall forward to USEPA and the permittee a proposed
determination of termination, modification, or revocation
and reissuance as appropriate, in accordance with
paragraph (b) of this subsection. The Agency's proposed
determination shall be in accordance with the record, the
Clean Air Act, regulations promulgated thereunder, this
Act and regulations promulgated thereunder. Such proposed
determination shall not affect the permit or constitute a
final permit action for purposes of this Act or the
Administrative Review Law. The Agency shall forward to
USEPA such proposed determination within 90 days after
receipt of the notification from USEPA. If additional time
is necessary to submit the proposed determination, the
Agency shall request a 90-day extension from USEPA and
shall submit the proposed determination within 180 days
after receipt of notification from USEPA.
b. i. Prior to the Agency's submittal to USEPA of a
proposed determination to terminate or revoke and

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reissue the permit, the Agency shall file a petition
before the Board setting forth USEPA's objection, the
permit record, the Agency's proposed determination,
and the justification for its proposed determination.
The Board shall conduct a hearing pursuant to the rules
prescribed by Section 32 of this Act, and the burden of
proof shall be on the Agency.
ii. After due consideration of the written and oral
statements, the testimony and arguments that shall be
submitted at hearing, the Board shall issue and enter
an interim order for the proposed determination, which
shall set forth all changes, if any, required in the
Agency's proposed determination. The interim order
shall comply with the requirements for final orders as
set forth in Section 33 of this Act. Issuance of an
interim order by the Board under this paragraph,
however, shall not affect the permit status and does
not constitute a final action for purposes of this Act
or the Administrative Review Law.
iii. The Board shall cause a copy of its interim
order to be served upon all parties to the proceeding
as well as upon USEPA. The Agency shall submit the
proposed determination to USEPA in accordance with the
Board's Interim Order within 180 days after receipt of
the notification from USEPA.
c. USEPA shall review the proposed determination to

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terminate, modify, or revoke and reissue the permit within
90 days after receipt.
i. When USEPA reviews the proposed determination
to terminate or revoke and reissue and does not object,
the Board shall, within 7 days after receipt of USEPA's
final approval, enter the interim order as a final
order. The final order may be appealed as provided by
Title XI of this Act. The Agency shall take final
action in accordance with the Board's final order.
ii. When USEPA reviews such proposed determination
to terminate or revoke and reissue and objects, the
Agency shall submit USEPA's objection and the Agency's
comments and recommendation on the objection to the
Board and permittee. The Board shall review its interim
order in response to USEPA's objection and the Agency's
comments and recommendation and issue a final order in
accordance with Sections 32 and 33 of this Act. The
Agency shall, within 90 days after receipt of such
objection, respond to USEPA's objection in accordance
with the Board's final order.
iii. When USEPA reviews such proposed
determination to modify and objects, the Agency shall,
within 90 days after receipt of the objection, resolve
the objection and modify the permit in accordance with
USEPA's objection, based upon the record, the Clean Air
Act, regulations promulgated thereunder, this Act, and

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regulations promulgated thereunder.
d. If the Agency fails to submit the proposed
determination pursuant to paragraph a of this subsection or
fails to resolve any USEPA objection pursuant to paragraph
c of this subsection, USEPA will terminate, modify, or
revoke and reissue the permit.
e. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.
17. Title IV; Acid Rain Provisions.
a. The Agency shall act on initial CAAPP applications
for affected sources for acid deposition in accordance with
this Section and Title V of the Clean Air Act and
regulations promulgated thereunder, except as modified by
Title IV of the Clean Air Act and regulations promulgated
thereunder. The Agency shall issue initial CAAPP permits to
the affected sources for acid deposition which shall become
effective no earlier than January 1, 1995, and which shall
terminate on December 31, 1999, in accordance with this
Section. Subsequent CAAPP permits issued to affected
sources for acid deposition shall be issued for a fixed
term of 5 years. Title IV of the Clean Air Act and
regulations promulgated thereunder, including but not
limited to 40 C.F.R. Part 72, as now or hereafter amended,

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are applicable to and enforceable under this Act.
b. A designated representative of an affected source
for acid deposition shall submit a timely and complete
Phase II acid rain permit application and compliance plan
to the Agency, not later than January 1, 1996, that meets
the requirements of Titles IV and V of the Clean Air Act
and regulations. The Agency shall act on the Phase II acid
rain permit application and compliance plan in accordance
with this Section and Title V of the Clean Air Act and
regulations promulgated thereunder, except as modified by
Title IV of the Clean Air Act and regulations promulgated
thereunder. The Agency shall issue the Phase II acid rain
permit to an affected source for acid deposition no later
than December 31, 1997, which shall become effective on
January 1, 2000, in accordance with this Section, except as
modified by Title IV and regulations promulgated
thereunder; provided that the designated representative of
the source submitted a timely and complete Phase II permit
application and compliance plan to the Agency that meets
the requirements of Title IV and V of the Clean Air Act and
regulations.
c. Each Phase II acid rain permit issued in accordance
with this subsection shall have a fixed term of 5 years.
Except as provided in paragraph b above, the Agency shall
issue or deny a Phase II acid rain permit within 18 months
of receiving a complete Phase II permit application and

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compliance plan.
d. A designated representative of a new unit, as
defined in Section 402 of the Clean Air Act, shall submit a
timely and complete Phase II acid rain permit application
and compliance plan that meets the requirements of Titles
IV and V of the Clean Air Act and its regulations. The
Agency shall act on the new unit's Phase II acid rain
permit application and compliance plan in accordance with
this Section and Title V of the Clean Air Act and its
regulations, except as modified by Title IV of the Clean
Air Act and its regulations. The Agency shall reopen the
new unit's CAAPP permit for cause to incorporate the
approved Phase II acid rain permit in accordance with this
Section. The Phase II acid rain permit for the new unit
shall become effective no later than the date required
under Title IV of the Clean Air Act and its regulations.
e. A designated representative of an affected source
for acid deposition shall submit a timely and complete
Title IV NOx permit application to the Agency, not later
than January 1, 1998, that meets the requirements of Titles
IV and V of the Clean Air Act and its regulations. The
Agency shall reopen the Phase II acid rain permit for cause
and incorporate the approved NOx provisions into the Phase
II acid rain permit not later than January 1, 1999, in
accordance with this Section, except as modified by Title
IV of the Clean Air Act and regulations promulgated

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thereunder. Such reopening shall not affect the term of the
Phase II acid rain permit.
f. The designated representative of the affected
source for acid deposition shall renew the initial CAAPP
permit and Phase II acid rain permit in accordance with
this Section and Title V of the Clean Air Act and
regulations promulgated thereunder, except as modified by
Title IV of the Clean Air Act and regulations promulgated
thereunder.
g. In the case of an affected source for acid
deposition for which a complete Phase II acid rain permit
application and compliance plan are timely received under
this subsection, the complete permit application and
compliance plan, including amendments thereto, shall be
binding on the owner, operator and designated
representative, all affected units for acid deposition at
the affected source, and any other unit, as defined in
Section 402 of the Clean Air Act, governed by the Phase II
acid rain permit application and shall be enforceable as an
acid rain permit for purposes of Titles IV and V of the
Clean Air Act, from the date of submission of the acid rain
permit application until a Phase II acid rain permit is
issued or denied by the Agency.
h. The Agency shall not include or implement any
measure which would interfere with or modify the
requirements of Title IV of the Clean Air Act or

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regulations promulgated thereunder.
i. Nothing in this Section shall be construed as
affecting allowances or USEPA's decision regarding an
excess emissions offset plan, as set forth in Title IV of
the Clean Air Act or regulations promulgated thereunder.
i. No permit revision shall be required for
increases in emissions that are authorized by
allowances acquired pursuant to the acid rain program,
provided that such increases do not require a permit
revision under any other applicable requirement.
ii. No limit shall be placed on the number of
allowances held by the source. The source may not,
however, use allowances as a defense to noncompliance
with any other applicable requirement.
iii. Any such allowance shall be accounted for
according to the procedures established in regulations
promulgated under Title IV of the Clean Air Act.
j. To the extent that the federal regulations
promulgated under Title IV, including but not limited to 40
C.F.R. Part 72, as now or hereafter amended, are
inconsistent with the federal regulations promulgated
under Title V, the federal regulations promulgated under
Title IV shall take precedence.
k. The USEPA may intervene as a matter of right in any
permit appeal involving a Phase II acid rain permit
provision or denial of a Phase II acid rain permit.

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l. It is unlawful for any owner or operator to violate
any terms or conditions of a Phase II acid rain permit
issued under this subsection, to operate any affected
source for acid deposition except in compliance with a
Phase II acid rain permit issued by the Agency under this
subsection, or to violate any other applicable
requirements.
m. The designated representative of an affected source
for acid deposition shall submit to the Agency the data and
information submitted quarterly to USEPA, pursuant to 40
CFR 75.64, concurrently with the submission to USEPA. The
submission shall be in the same electronic format as
specified by USEPA.
n. The Agency shall act on any petition for exemption
of a new unit or retired unit, as those terms are defined
in Section 402 of the Clean Air Act, from the requirements
of the acid rain program in accordance with Title IV of the
Clean Air Act and its regulations.
o. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary to implement this subsection.
18. Fee Provisions.
a. A source subject to this Section or excluded under
subsection 1.1 or paragraph (c) of subsection 3 of this

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Section, shall pay a fee as provided in this paragraph (a)
of subsection 18. However, a source that has been excluded
from the provisions of this Section under subsection 1.1 or
under paragraph (c) of subsection 3 of this Section because
the source emits less than 25 tons per year of any
combination of regulated air pollutants, except greenhouse
gases, shall pay fees in accordance with paragraph (1) of
subsection (b) of Section 9.6.
i. The fee for a source allowed to emit less than
100 tons per year of any combination of regulated air
pollutants, except greenhouse gases, shall be $1,800
per year, and that fee shall increase, beginning
January 1, 2012, to $2,150 per year.
ii. The fee for a source allowed to emit 100 tons
or more per year of any combination of regulated air
pollutants, except greenhouse gases and those
regulated air pollutants excluded in paragraph (f) of
this subsection 18, shall be as follows:
A. The Agency shall assess a fee of $18 per
ton, per year for the allowable emissions of
regulated air pollutants subject to this
subparagraph (ii) of paragraph (a) of subsection
18, and that fee shall increase, beginning January
1, 2012, to $21.50 per ton, per year. These fees
shall be used by the Agency and the Board to fund
the activities required by Title V of the Clean Air

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Act including such activities as may be carried out
by other State or local agencies pursuant to
paragraph (d) of this subsection. The amount of
such fee shall be based on the information supplied
by the applicant in its complete CAAPP permit
application or in the CAAPP permit if the permit
has been granted and shall be determined by the
amount of emissions that the source is allowed to
emit annually, provided however, that the maximum
fee for a CAAPP permit under this subparagraph (ii)
of paragraph (a) of subsection 18 is $250,000, and
increases, beginning January 1, 2012, to $294,000.
Beginning January 1, 2012, the maximum fee under
this subparagraph (ii) of paragraph (a) of
subsection 18 for a source that has been excluded
under subsection 1.1 of this Section or under
paragraph (c) of subsection 3 of this Section is
$4,112. The Agency shall provide as part of the
permit application form required under subsection
5 of this Section a separate fee calculation form
which will allow the applicant to identify the
allowable emissions and calculate the fee. In no
event shall the Agency raise the amount of
allowable emissions requested by the applicant
unless such increases are required to demonstrate
compliance with terms of a CAAPP permit.

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

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c. (Blank).
d. There is hereby created in the State Treasury a
special fund to be known as the Clean Air Act Permit Fund
(formerly known as the CAA Permit Fund). All Funds
collected by the Agency pursuant to this subsection shall
be deposited into the Fund. The General Assembly shall
appropriate monies from this Fund to the Agency and to the
Board to carry out their obligations under this Section.
The General Assembly may also authorize monies to be
granted by the Agency from this Fund to other State and
local agencies which perform duties related to the CAAPP.
Interest generated on the monies deposited in this Fund
shall be returned to the Fund.
e. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary to implement this subsection.
f. For purposes of this subsection, the term "regulated
air pollutant" shall have the meaning given to it under
subsection 1 of this Section but shall exclude the
following:
i. carbon monoxide;
ii. any Class I or II substance which is a
regulated air pollutant solely because it is listed
pursuant to Section 602 of the Clean Air Act; and
iii. any pollutant that is a regulated air

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pollutant solely because it is subject to a standard or
regulation under Section 112(r) of the Clean Air Act
based on the emissions allowed in the permit effective
in that calendar year, at the time the applicable bill
is generated.
19. Air Toxics Provisions.
a. In the event that the USEPA fails to promulgate in a
timely manner a standard pursuant to Section 112(d) of the
Clean Air Act, the Agency shall have the authority to issue
permits, pursuant to Section 112(j) of the Clean Air Act
and regulations promulgated thereunder, which contain
emission limitations which are equivalent to the emission
limitations that would apply to a source if an emission
standard had been promulgated in a timely manner by USEPA
pursuant to Section 112(d). Provided, however, that the
owner or operator of a source shall have the opportunity to
submit to the Agency a proposed emission limitation which
it determines to be equivalent to the emission limitations
that would apply to such source if an emission standard had
been promulgated in a timely manner by USEPA. If the Agency
refuses to include the emission limitation proposed by the
owner or operator in a CAAPP permit, the owner or operator
may petition the Board to establish whether the emission
limitation proposal submitted by the owner or operator
provides for emission limitations which are equivalent to

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

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

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

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

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

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c. Any such permit shall meet all applicable
requirements of this Section and applicable regulations,
and include conditions assuring compliance with all
applicable requirements at all authorized locations and
requirements that the owner or operator notify the Agency
at least 10 days in advance of each change in location.
22. Solid Waste Incineration Units.
a. A CAAPP permit for a solid waste incineration unit
combusting municipal waste subject to standards
promulgated under Section 129(e) of the Clean Air Act shall
be issued for a period of 12 years and shall be reviewed
every 5 years, unless the Agency requires more frequent
review through Agency procedures.
b. During the review in paragraph (a) of this
subsection, the Agency shall fully review the previously
submitted CAAPP permit application and corresponding
reports subsequently submitted to determine whether the
source is in compliance with all applicable requirements.
c. If the Agency determines that the source is not in
compliance with all applicable requirements it shall
revise the CAAPP permit as appropriate.
d. The Agency shall have the authority to adopt
procedural rules, in accordance with the Illinois
Administrative Procedure Act, as the Agency deems
necessary, to implement this subsection.

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(Source: P.A. 99-380, eff. 8-17-15; 99-933, eff. 1-27-17;
100-103, eff. 8-11-17.)
Section 99. Effective date. This Act takes effect upon
becoming law.".