Bill Text: IL HB4197 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Environmental Protection Act. Requires the Environmental Protection Agency to annually review and update the underlying data for, and use of, indicators used to determine whether a community is designated as an environmental justice community and to establish a process by which communities not designated as environmental justice communities may petition for such a designation. Provides that an applicant for a permit for the construction of a new source that will become a major source subject to the Clean Air Act Permit Program to be located in an environmental justice community or a new source that has or will require a federally enforceable State operating permit and that will be located in an environmental justice community must conduct a public meeting prior to submission of the permit application and must submit with the permit application an environmental justice assessment identifying the potential environmental and health impacts to the area associated with the proposed project. Provides requirements for the environmental justice assessment. Provides that a supplemental fee of $100,000 for each construction permit application shall be assessed if the construction permit application is subject to the requirements regarding the construction of a new source located in an environmental justice community. Contains provisions regarding public participation requirements for permitting transactions in an environmental justice community. Provides that, if the Agency grants a permit to construct, modify, or operate a facility that emits air pollutants and is classified as a minor source, a third party may petition the Pollution Control Board for a hearing to contest the issuance of the permit. Contains provisions regarding environmental justice grievances. Defines terms. Contains other provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-10-25 - Referred to Rules Committee [HB4197 Detail]

Download: Illinois-2023-HB4197-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4197 Introduced 10/25/2023, by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
See Index
Amends the Environmental Protection Act. Requires the Environmental Protection Agency to annually review and update the underlying data for, and use of, indicators used to determine whether a community is designated as an environmental justice community and to establish a process by which communities not designated as environmental justice communities may petition for such a designation. Provides that an applicant for a permit for the construction of a new source that will become a major source subject to the Clean Air Act Permit Program to be located in an environmental justice community or a new source that has or will require a federally enforceable State operating permit and that will be located in an environmental justice community must conduct a public meeting prior to submission of the permit application and must submit with the permit application an environmental justice assessment identifying the potential environmental and health impacts to the area associated with the proposed project. Provides requirements for the environmental justice assessment. Provides that a supplemental fee of $100,000 for each construction permit application shall be assessed if the construction permit application is subject to the requirements regarding the construction of a new source located in an environmental justice community. Contains provisions regarding public participation requirements for permitting transactions in an environmental justice community. Provides that, if the Agency grants a permit to construct, modify, or operate a facility that emits air pollutants and is classified as a minor source, a third party may petition the Pollution Control Board for a hearing to contest the issuance of the permit. Contains provisions regarding environmental justice grievances. Defines terms. Contains other provisions.
LRB103 34760 LNS 64610 b
A BILL FOR
HB4197 LRB103 34760 LNS 64610 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended by
adding Sections 3.178, 3.186, 3.187, 3.188, 3.189, 3.281,
34.5, 39.15, and 40.4 and by changing Sections 39, 39.2, 39.5,
and 40 as follows:
(415 ILCS 5/3.178 new)
Sec. 3.178. Cumulative impact. "Cumulative impact" means
the total burden from chemical and nonchemical stressors and
their interactions that affect the health, well-being, and
quality of life of an individual, community, or population at
a given point of time or over a period of time.
(415 ILCS 5/3.186 new)
Sec. 3.186. Disproportionate harm. "Disproportionate harm"
means the combination of cumulative impacts, including, but
not limited to, disproportionately high and adverse human
health impacts and disproportionately high and adverse
environmental impacts.
(415 ILCS 5/3.187 new)
Sec. 3.187. Disproportionately high and adverse

HB4197 - 2 - LRB103 34760 LNS 64610 b
environmental impact. "Disproportionately high and adverse
environmental impact" means an environmental impact that is
disproportionately high and adverse based on the following
factors:
(1) Whether there is or will be an impact on the
natural or physical environment that significantly and
adversely affects an environmental justice community. Such
impacts may include, but are not limited to, ecological,
cultural, human health, economic, or social impacts on
minority communities, low-income communities, or Indian
tribes when those impacts are interrelated to impacts on
the natural or physical environment.
(2) Whether environmental impacts are significant and
are or may be having an adverse impact on an environmental
justice community that appreciably exceeds, or is likely
to appreciably exceed, the adverse impact on the general
population or other appropriate comparison group.
(3) Whether the environmental impacts occur or would
occur in an environmental justice community by cumulative
or multiple adverse exposures from environmental hazards.
(415 ILCS 5/3.188 new)
Sec. 3.188. Disproportionately high and adverse human
health impact. "Disproportionately high and adverse human
health impact" means an impact on human health that is
disproportionately high and adverse based on the following

HB4197 - 3 - LRB103 34760 LNS 64610 b
factors:
(1) Whether the health outcomes, which may be measured
in risks and rates, are significant or above generally
accepted norms. Adverse health impacts include, but are
not limited to, bodily impairment, infirmity, illness, or
death.
(2) Whether the risk or rate of hazard exposure for an
environmental justice community to an environmental hazard
is significant and appreciably exceeds, or is likely to
appreciably exceed, the risk or rate of hazard exposure
for the general population or in comparison to another
appropriate group.
(3) Whether health impacts occur in an environmental
justice community affected by cumulative or multiple
adverse exposures from environmental hazards.
(415 ILCS 5/3.189 new)
Sec. 3.189. Environmental justice community.
"Environmental justice community" means any geographic area in
the State that is contained within:
(1) an environmental justice community under the
Illinois Solar for All Program, as that definition is
updated from time to time by the Illinois Power Agency and
the Administrator of that Program, so long as the
community is designated as an environmental justice
community within 60 days of a community receiving

HB4197 - 4 - LRB103 34760 LNS 64610 b
notification of a permit under the federal Clean Air Act;
or
(2) an R3 Area established under Section 10-40 of the
Cannabis Regulation and Tax Act.
(415 ILCS 5/3.281 new)
Sec. 3.281. Linguistically isolated community.
"Linguistically isolated community" means the population
within a United States Census Bureau tract comprised of
individuals at least 20% of whom are age 14 years or older and
who speak English less than very well, based on data in the
United States Census Bureau's latest one-year or 5-year
American Community Survey.
(415 ILCS 5/34.5 new)
Sec. 34.5. Environmentally beneficial project bank.
(a) The Agency shall establish and maintain on its website
a bank of potential environmentally beneficial projects. The
website must permit members of the public to submit
suggestions for environmentally beneficial projects. The
Agency shall assess the submissions for feasibility and
clarity before inclusion in the bank.
(b) A supplemental environmental project is not required
to be included within the environmentally beneficial project
bank required under subsection (a) in order to offset a civil
penalty.

HB4197 - 5 - LRB103 34760 LNS 64610 b
(415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
Sec. 39. Issuance of permits; procedures.
(a) When the Board has by regulation required a permit for
the construction, installation, or operation of any type of
facility, equipment, vehicle, vessel, or aircraft, the
applicant shall apply to the Agency for such permit and it
shall be the duty of the Agency to issue such a permit upon
proof by the applicant that the facility, equipment, vehicle,
vessel, or aircraft will not cause a violation of this Act or
of regulations hereunder and that denial of the permit is not
otherwise justified under this Section. The Agency shall adopt
such procedures as are necessary to carry out its duties under
this Section. In making its determinations on permit
applications under this Section the Agency shall may consider
prior adjudications of noncompliance with this Act by the
applicant that involved a release of a contaminant into the
environment. In granting permits, the Agency shall may impose
reasonable conditions specifically related to the applicant's
past compliance history with this Act as necessary to correct,
detect, or prevent noncompliance. The Agency shall may impose
such other conditions as may be necessary to accomplish the
purposes of this Act, and as are not inconsistent with the
regulations promulgated by the Board hereunder. Except as
otherwise provided in this Act, a bond or other security shall
not be required as a condition for the issuance of a permit. If

HB4197 - 6 - LRB103 34760 LNS 64610 b
the Agency denies any permit under this Section, the Agency
shall transmit to the applicant within the time limitations of
this Section specific, detailed statements as to the reasons
the permit application was denied. Such statements shall
include, but not be limited to, the following:
(i) the Sections of this Act which may be violated if
the permit were granted;
(ii) the provision of the regulations, promulgated
under this Act, which may be violated if the permit were
granted;
(iii) the specific type of information, if any, which
the Agency deems the applicant did not provide the Agency;
and
(iv) a statement of specific reasons why the Act and
the regulations might not be met if the permit were
granted.
If there is no final action by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued; except that this time period shall
be extended to 180 days when (1) notice and opportunity for
public hearing are required by State or federal law or
regulation, (2) the application which was filed is for any
permit to develop a landfill subject to issuance pursuant to
this subsection, or (3) the application that was filed is for a
MSWLF unit required to issue public notice under subsection
(p) of Section 39. The 90-day and 180-day time periods for the

HB4197 - 7 - LRB103 34760 LNS 64610 b
Agency to take final action do not apply to NPDES permit
applications under subsection (b) of this Section, to RCRA
permit applications under subsection (d) of this Section, to
UIC permit applications under subsection (e) of this Section,
or to CCR surface impoundment applications under subsection
(y) of this Section.
The Agency shall publish notice of all final permit
determinations for development permits for MSWLF units and for
significant permit modifications for lateral expansions for
existing MSWLF units one time in a newspaper of general
circulation in the county in which the unit is or is proposed
to be located.
After January 1, 1994 and until July 1, 1998, operating
permits issued under this Section by the Agency for sources of
air pollution permitted to emit less than 25 tons per year of
any combination of regulated air pollutants, as defined in
Section 39.5 of this Act, shall be required to be renewed only
upon written request by the Agency consistent with applicable
provisions of this Act and regulations promulgated hereunder.
Such operating permits shall expire 180 days after the date of
such a request. The Board shall revise its regulations for the
existing State air pollution operating permit program
consistent with this provision by January 1, 1994.
After June 30, 1998, operating permits issued under this
Section by the Agency for sources of air pollution that are not
subject to Section 39.5 of this Act and are not required to

HB4197 - 8 - LRB103 34760 LNS 64610 b
have a federally enforceable State operating permit shall be
required to be renewed only upon written request by the Agency
consistent with applicable provisions of this Act and its
rules. Such operating permits shall expire 180 days after the
date of such a request. Before July 1, 1998, the Board shall
revise its rules for the existing State air pollution
operating permit program consistent with this paragraph and
shall adopt rules that require a source to demonstrate that it
qualifies for a permit under this paragraph.
(b) The Agency may issue NPDES permits exclusively under
this subsection for the discharge of contaminants from point
sources into navigable waters, all as defined in the Federal
Water Pollution Control Act, as now or hereafter amended,
within the jurisdiction of the State, or into any well.
All NPDES permits shall contain those terms and
conditions, including, but not limited to, schedules of
compliance, which may be required to accomplish the purposes
and provisions of this Act.
The Agency may issue general NPDES permits for discharges
from categories of point sources which are subject to the same
permit limitations and conditions. Such general permits may be
issued without individual applications and shall conform to
regulations promulgated under Section 402 of the Federal Water
Pollution Control Act, as now or hereafter amended.
The Agency may include, among such conditions, effluent
limitations and other requirements established under this Act,

HB4197 - 9 - LRB103 34760 LNS 64610 b
Board regulations, the Federal Water Pollution Control Act, as
now or hereafter amended, and regulations pursuant thereto,
and schedules for achieving compliance therewith at the
earliest reasonable date.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of NPDES
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Federal Water Pollution
Control Act, as now or hereafter amended, and regulations
pursuant thereto.
The Agency, subject to any conditions which may be
prescribed by Board regulations, may issue NPDES permits to
allow discharges beyond deadlines established by this Act or
by regulations of the Board without the requirement of a
variance, subject to the Federal Water Pollution Control Act,
as now or hereafter amended, and regulations pursuant thereto.
(c) Except for those facilities owned or operated by
sanitary districts organized under the Metropolitan Water
Reclamation District Act, no permit for the development or
construction of a new pollution control facility may be
granted by the Agency unless the applicant submits proof to
the Agency that the location of the facility has been approved
by the county board of the county if in an unincorporated area,
or the governing body of the municipality when in an
incorporated area, in which the facility is to be located in
accordance with Section 39.2 of this Act. For purposes of this

HB4197 - 10 - LRB103 34760 LNS 64610 b
subsection (c), and for purposes of Section 39.2 of this Act,
the appropriate county board or governing body of the
municipality shall be the county board of the county or the
governing body of the municipality in which the facility is to
be located as of the date when the application for siting
approval is filed.
In the event that siting approval granted pursuant to
Section 39.2 has been transferred to a subsequent owner or
operator, that subsequent owner or operator may apply to the
Agency for, and the Agency may grant, a development or
construction permit for the facility for which local siting
approval was granted. Upon application to the Agency for a
development or construction permit by that subsequent owner or
operator, the permit applicant shall cause written notice of
the permit application to be served upon the appropriate
county board or governing body of the municipality that
granted siting approval for that facility and upon any party
to the siting proceeding pursuant to which siting approval was
granted. In that event, the Agency shall conduct an evaluation
of the subsequent owner or operator's prior experience in
waste management operations in the manner conducted under
subsection (i) of Section 39 of this Act.
Beginning August 20, 1993, if the pollution control
facility consists of a hazardous or solid waste disposal
facility for which the proposed site is located in an
unincorporated area of a county with a population of less than

HB4197 - 11 - LRB103 34760 LNS 64610 b
100,000 and includes all or a portion of a parcel of land that
was, on April 1, 1993, adjacent to a municipality having a
population of less than 5,000, then the local siting review
required under this subsection (c) in conjunction with any
permit applied for after that date shall be performed by the
governing body of that adjacent municipality rather than the
county board of the county in which the proposed site is
located; and for the purposes of that local siting review, any
references in this Act to the county board shall be deemed to
mean the governing body of that adjacent municipality;
provided, however, that the provisions of this paragraph shall
not apply to any proposed site which was, on April 1, 1993,
owned in whole or in part by another municipality.
In the case of a pollution control facility for which a
development permit was issued before November 12, 1981, if an
operating permit has not been issued by the Agency prior to
August 31, 1989 for any portion of the facility, then the
Agency may not issue or renew any development permit nor issue
an original operating permit for any portion of such facility
unless the applicant has submitted proof to the Agency that
the location of the facility has been approved by the
appropriate county board or municipal governing body pursuant
to Section 39.2 of this Act.
After January 1, 1994, if a solid waste disposal facility,
any portion for which an operating permit has been issued by
the Agency, has not accepted waste disposal for 5 or more

HB4197 - 12 - LRB103 34760 LNS 64610 b
consecutive calendar years, before that facility may accept
any new or additional waste for disposal, the owner and
operator must obtain a new operating permit under this Act for
that facility unless the owner and operator have applied to
the Agency for a permit authorizing the temporary suspension
of waste acceptance. The Agency may not issue a new operation
permit under this Act for the facility unless the applicant
has submitted proof to the Agency that the location of the
facility has been approved or re-approved by the appropriate
county board or municipal governing body under Section 39.2 of
this Act after the facility ceased accepting waste.
Except for those facilities owned or operated by sanitary
districts organized under the Metropolitan Water Reclamation
District Act, and except for new pollution control facilities
governed by Section 39.2, and except for fossil fuel mining
facilities, the granting of a permit under this Act shall not
relieve the applicant from meeting and securing all necessary
zoning approvals from the unit of government having zoning
jurisdiction over the proposed facility.
Before beginning construction on any new sewage treatment
plant or sludge drying site to be owned or operated by a
sanitary district organized under the Metropolitan Water
Reclamation District Act for which a new permit (rather than
the renewal or amendment of an existing permit) is required,
such sanitary district shall hold a public hearing within the
municipality within which the proposed facility is to be

HB4197 - 13 - LRB103 34760 LNS 64610 b
located, or within the nearest community if the proposed
facility is to be located within an unincorporated area, at
which information concerning the proposed facility shall be
made available to the public, and members of the public shall
be given the opportunity to express their views concerning the
proposed facility.
The Agency may issue a permit for a municipal waste
transfer station without requiring approval pursuant to
Section 39.2 provided that the following demonstration is
made:
(1) the municipal waste transfer station was in
existence on or before January 1, 1979 and was in
continuous operation from January 1, 1979 to January 1,
1993;
(2) the operator submitted a permit application to the
Agency to develop and operate the municipal waste transfer
station during April of 1994;
(3) the operator can demonstrate that the county board
of the county, if the municipal waste transfer station is
in an unincorporated area, or the governing body of the
municipality, if the station is in an incorporated area,
does not object to resumption of the operation of the
station; and
(4) the site has local zoning approval.
The Agency shall not issue any of the following
construction permits unless the applicant for the permit

HB4197 - 14 - LRB103 34760 LNS 64610 b
submits proof to the Agency that the location of the source has
been approved under Section 39.2 by the county board of the
county, if in an unincorporated area, or the governing body of
a municipality, if in an incorporated area: (i) a construction
permit for a new or modified source that is to be located in an
environmental justice community, that will require a CAAPP
permit or a federally enforceable State operating permit, and
that would be authorized under that permit to increase annual
permitted emissions; (ii) a construction permit for any new or
modified source that is located in an environmental justice
community, that, on the effective date of this amendatory Act
of the 103rd General Assembly, possesses a CAAPP permit or
federally enforceable State operating permit, and that would
be authorized under that permit to increase annual permitted
emissions; or (iii) a construction permit for any existing
source that is located in an environmental justice community,
that would require a new CAAPP permit or new federally
enforceable State operating permit for the first time, and
that would be authorized under that permit to increase annual
permitted emissions. For purposes of this subsection (c), and
for purposes of Section 39.2, the appropriate county board or
governing body of the municipality shall be the county board
of the county or the governing body of the municipality in
which the source is to be located on the date when the
application for siting approval is filed. The provisions added
to this subsection (c) by this amendatory Act of the 103rd

HB4197 - 15 - LRB103 34760 LNS 64610 b
General Assembly do not apply to permits for modifications or
expansions at existing federally enforceable State operating
permit or CAAPP sources unless the modification will result in
an increase in the hourly rate of emissions or the total annual
emissions of any air pollutant.
(d) The Agency may issue RCRA permits exclusively under
this subsection to persons owning or operating a facility for
the treatment, storage, or disposal of hazardous waste as
defined under this Act. Subsection (y) of this Section, rather
than this subsection (d), shall apply to permits issued for
CCR surface impoundments.
All RCRA permits shall contain those terms and conditions,
including, but not limited to, schedules of compliance, which
may be required to accomplish the purposes and provisions of
this Act. The Agency may include among such conditions
standards and other requirements established under this Act,
Board regulations, the Resource Conservation and Recovery Act
of 1976 (P.L. 94-580), as amended, and regulations pursuant
thereto, and may include schedules for achieving compliance
therewith as soon as possible. The Agency shall require that a
performance bond or other security be provided as a condition
for the issuance of a RCRA permit.
In the case of a permit to operate a hazardous waste or PCB
incinerator as defined in subsection (k) of Section 44, the
Agency shall require, as a condition of the permit, that the
operator of the facility perform such analyses of the waste to

HB4197 - 16 - LRB103 34760 LNS 64610 b
be incinerated as may be necessary and appropriate to ensure
the safe operation of the incinerator.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of RCRA
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Resource Conservation and
Recovery Act of 1976 (P.L. 94-580), as amended, and
regulations pursuant thereto.
The applicant shall make available to the public for
inspection all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception of
trade secrets, at the office of the county board or governing
body of the municipality. Such documents may be copied upon
payment of the actual cost of reproduction during regular
business hours of the local office. The Agency shall issue a
written statement concurrent with its grant or denial of the
permit explaining the basis for its decision.
(e) The Agency may issue UIC permits exclusively under
this subsection to persons owning or operating a facility for
the underground injection of contaminants as defined under
this Act.
All UIC permits shall contain those terms and conditions,
including, but not limited to, schedules of compliance, which
may be required to accomplish the purposes and provisions of
this Act. The Agency may include among such conditions
standards and other requirements established under this Act,

HB4197 - 17 - LRB103 34760 LNS 64610 b
Board regulations, the Safe Drinking Water Act (P.L. 93-523),
as amended, and regulations pursuant thereto, and may include
schedules for achieving compliance therewith. The Agency shall
require that a performance bond or other security be provided
as a condition for the issuance of a UIC permit.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of UIC
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Safe Drinking Water Act
(P.L. 93-523), as amended, and regulations pursuant thereto.
The applicant shall make available to the public for
inspection all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception of
trade secrets, at the office of the county board or governing
body of the municipality. Such documents may be copied upon
payment of the actual cost of reproduction during regular
business hours of the local office. The Agency shall issue a
written statement concurrent with its grant or denial of the
permit explaining the basis for its decision.
(f) In making any determination pursuant to Section 9.1 of
this Act:
(1) The Agency shall have authority to make the
determination of any question required to be determined by
the Clean Air Act, as now or hereafter amended, this Act,
or the regulations of the Board, including the
determination of the Lowest Achievable Emission Rate,

HB4197 - 18 - LRB103 34760 LNS 64610 b
Maximum Achievable Control Technology, or Best Available
Control Technology, consistent with the Board's
regulations, if any.
(2) The Agency shall adopt requirements as necessary
to implement public participation procedures, including,
but not limited to, public notice, comment, and an
opportunity for hearing, which must accompany the
processing of applications for PSD permits. The Agency
shall briefly describe and respond to all significant
comments on the draft permit raised during the public
comment period or during any hearing. The Agency may group
related comments together and provide one unified response
for each issue raised.
(3) Any complete permit application submitted to the
Agency under this subsection for a PSD permit shall be
granted or denied by the Agency not later than one year
after the filing of such completed application.
(4) The Agency shall, after conferring with the
applicant, give written notice to the applicant of its
proposed decision on the application, including the terms
and conditions of the permit to be issued and the facts,
conduct, or other basis upon which the Agency will rely to
support its proposed action.
(g) The Agency shall include as conditions upon all
permits issued for hazardous waste disposal sites such
restrictions upon the future use of such sites as are

HB4197 - 19 - LRB103 34760 LNS 64610 b
reasonably necessary to protect public health and the
environment, including permanent prohibition of the use of
such sites for purposes which may create an unreasonable risk
of injury to human health or to the environment. After
administrative and judicial challenges to such restrictions
have been exhausted, the Agency shall file such restrictions
of record in the Office of the Recorder of the county in which
the hazardous waste disposal site is located.
(h) A hazardous waste stream may not be deposited in a
permitted hazardous waste site unless specific authorization
is obtained from the Agency by the generator and disposal site
owner and operator for the deposit of that specific hazardous
waste stream. The Agency may grant specific authorization for
disposal of hazardous waste streams only after the generator
has reasonably demonstrated that, considering technological
feasibility and economic reasonableness, the hazardous waste
cannot be reasonably recycled for reuse, nor incinerated or
chemically, physically, or biologically treated so as to
neutralize the hazardous waste and render it nonhazardous. In
granting authorization under this Section, the Agency may
impose such conditions as may be necessary to accomplish the
purposes of the Act and are consistent with this Act and
regulations promulgated by the Board hereunder. If the Agency
refuses to grant authorization under this Section, the
applicant may appeal as if the Agency refused to grant a
permit, pursuant to the provisions of subsection (a) of

HB4197 - 20 - LRB103 34760 LNS 64610 b
Section 40 of this Act. For purposes of this subsection (h),
the term "generator" has the meaning given in Section 3.205 of
this Act, unless: (1) the hazardous waste is treated,
incinerated, or partially recycled for reuse prior to
disposal, in which case the last person who treats,
incinerates, or partially recycles the hazardous waste prior
to disposal is the generator; or (2) the hazardous waste is
from a response action, in which case the person performing
the response action is the generator. This subsection (h) does
not apply to any hazardous waste that is restricted from land
disposal under 35 Ill. Adm. Code 728.
(i) Before issuing any RCRA permit, any permit for a waste
storage site, sanitary landfill, waste disposal site, waste
transfer station, waste treatment facility, waste incinerator,
or any waste-transportation operation, any permit or interim
authorization for a clean construction or demolition debris
fill operation, or any permit required under subsection (d-5)
of Section 55, the Agency shall conduct an evaluation of the
prospective owner's or operator's prior experience in waste
management operations, clean construction or demolition debris
fill operations, and tire storage site management. The Agency
may deny such a permit, or deny or revoke interim
authorization, if the prospective owner or operator or any
employee or officer of the prospective owner or operator has a
history of:
(1) repeated violations of federal, State, or local

HB4197 - 21 - LRB103 34760 LNS 64610 b
laws, regulations, standards, or ordinances in the
operation of waste management facilities or sites, clean
construction or demolition debris fill operation
facilities or sites, or tire storage sites; or
(2) conviction in this or another State of any crime
which is a felony under the laws of this State, or
conviction of a felony in a federal court; or conviction
in this or another state or federal court of any of the
following crimes: forgery, official misconduct, bribery,
perjury, or knowingly submitting false information under
any environmental law, regulation, or permit term or
condition; or
(3) proof of gross carelessness or incompetence in
handling, storing, processing, transporting, or disposing
of waste, clean construction or demolition debris, or used
or waste tires, or proof of gross carelessness or
incompetence in using clean construction or demolition
debris as fill.
(i-5) Before issuing any permit or approving any interim
authorization for a clean construction or demolition debris
fill operation in which any ownership interest is transferred
between January 1, 2005, and the effective date of the
prohibition set forth in Section 22.52 of this Act, the Agency
shall conduct an evaluation of the operation if any previous
activities at the site or facility may have caused or allowed
contamination of the site. It shall be the responsibility of

HB4197 - 22 - LRB103 34760 LNS 64610 b
the owner or operator seeking the permit or interim
authorization to provide to the Agency all of the information
necessary for the Agency to conduct its evaluation. The Agency
may deny a permit or interim authorization if previous
activities at the site may have caused or allowed
contamination at the site, unless such contamination is
authorized under any permit issued by the Agency.
(j) The issuance under this Act of a permit to engage in
the surface mining of any resources other than fossil fuels
shall not relieve the permittee from its duty to comply with
any applicable local law regulating the commencement,
location, or operation of surface mining facilities.
(k) A development permit issued under subsection (a) of
Section 39 for any facility or site which is required to have a
permit under subsection (d) of Section 21 shall expire at the
end of 2 calendar years from the date upon which it was issued,
unless within that period the applicant has taken action to
develop the facility or the site. In the event that review of
the conditions of the development permit is sought pursuant to
Section 40 or 41, or permittee is prevented from commencing
development of the facility or site by any other litigation
beyond the permittee's control, such two-year period shall be
deemed to begin on the date upon which such review process or
litigation is concluded.
(l) No permit shall be issued by the Agency under this Act
for construction or operation of any facility or site located

HB4197 - 23 - LRB103 34760 LNS 64610 b
within the boundaries of any setback zone established pursuant
to this Act, where such construction or operation is
prohibited.
(m) The Agency may issue permits to persons owning or
operating a facility for composting landscape waste. In
granting such permits, the Agency may impose such conditions
as may be necessary to accomplish the purposes of this Act, and
as are not inconsistent with applicable regulations
promulgated by the Board. Except as otherwise provided in this
Act, a bond or other security shall not be required as a
condition for the issuance of a permit. If the Agency denies
any permit pursuant to this subsection, the Agency shall
transmit to the applicant within the time limitations of this
subsection specific, detailed statements as to the reasons the
permit application was denied. Such statements shall include
but not be limited to the following:
(1) the Sections of this Act that may be violated if
the permit were granted;
(2) the specific regulations promulgated pursuant to
this Act that may be violated if the permit were granted;
(3) the specific information, if any, the Agency deems
the applicant did not provide in its application to the
Agency; and
(4) a statement of specific reasons why the Act and
the regulations might be violated if the permit were
granted.

HB4197 - 24 - LRB103 34760 LNS 64610 b
If no final action is taken by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued. Any applicant for a permit may
waive the 90-day limitation by filing a written statement with
the Agency.
The Agency shall issue permits for such facilities upon
receipt of an application that includes a legal description of
the site, a topographic map of the site drawn to the scale of
200 feet to the inch or larger, a description of the operation,
including the area served, an estimate of the volume of
materials to be processed, and documentation that:
(1) the facility includes a setback of at least 200
feet from the nearest potable water supply well;
(2) the facility is located outside the boundary of
the 10-year floodplain or the site will be floodproofed;
(3) the facility is located so as to minimize
incompatibility with the character of the surrounding
area, including at least a 200 foot setback from any
residence, and in the case of a facility that is developed
or the permitted composting area of which is expanded
after November 17, 1991, the composting area is located at
least 1/8 mile from the nearest residence (other than a
residence located on the same property as the facility);
(4) the design of the facility will prevent any
compost material from being placed within 5 feet of the
water table, will adequately control runoff from the site,

HB4197 - 25 - LRB103 34760 LNS 64610 b
and will collect and manage any leachate that is generated
on the site;
(5) the operation of the facility will include
appropriate dust and odor control measures, limitations on
operating hours, appropriate noise control measures for
shredding, chipping and similar equipment, management
procedures for composting, containment and disposal of
non-compostable wastes, procedures to be used for
terminating operations at the site, and recordkeeping
sufficient to document the amount of materials received,
composted, and otherwise disposed of; and
(6) the operation will be conducted in accordance with
any applicable rules adopted by the Board.
The Agency shall issue renewable permits of not longer
than 10 years in duration for the composting of landscape
wastes, as defined in Section 3.155 of this Act, based on the
above requirements.
The operator of any facility permitted under this
subsection (m) must submit a written annual statement to the
Agency on or before April 1 of each year that includes an
estimate of the amount of material, in tons, received for
composting.
(n) The Agency shall issue permits jointly with the
Department of Transportation for the dredging or deposit of
material in Lake Michigan in accordance with Section 18 of the
Rivers, Lakes, and Streams Act.

HB4197 - 26 - LRB103 34760 LNS 64610 b
(o) (Blank).
(p) (1) Any person submitting an application for a permit
for a new MSWLF unit or for a lateral expansion under
subsection (t) of Section 21 of this Act for an existing MSWLF
unit that has not received and is not subject to local siting
approval under Section 39.2 of this Act shall publish notice
of the application in a newspaper of general circulation in
the county in which the MSWLF unit is or is proposed to be
located. The notice must be published at least 15 days before
submission of the permit application to the Agency. The notice
shall state the name and address of the applicant, the
location of the MSWLF unit or proposed MSWLF unit, the nature
and size of the MSWLF unit or proposed MSWLF unit, the nature
of the activity proposed, the probable life of the proposed
activity, the date the permit application will be submitted,
and a statement that persons may file written comments with
the Agency concerning the permit application within 30 days
after the filing of the permit application unless the time
period to submit comments is extended by the Agency.
When a permit applicant submits information to the Agency
to supplement a permit application being reviewed by the
Agency, the applicant shall not be required to reissue the
notice under this subsection.
(2) The Agency shall accept written comments concerning
the permit application that are postmarked no later than 30
days after the filing of the permit application, unless the

HB4197 - 27 - LRB103 34760 LNS 64610 b
time period to accept comments is extended by the Agency.
(3) Each applicant for a permit described in part (1) of
this subsection shall file a copy of the permit application
with the county board or governing body of the municipality in
which the MSWLF unit is or is proposed to be located at the
same time the application is submitted to the Agency. The
permit application filed with the county board or governing
body of the municipality shall include all documents submitted
to or to be submitted to the Agency, except trade secrets as
determined under Section 7.1 of this Act. The permit
application and other documents on file with the county board
or governing body of the municipality shall be made available
for public inspection during regular business hours at the
office of the county board or the governing body of the
municipality and may be copied upon payment of the actual cost
of reproduction.
(q) Within 6 months after July 12, 2011 (the effective
date of Public Act 97-95), the Agency, in consultation with
the regulated community, shall develop a web portal to be
posted on its website for the purpose of enhancing review and
promoting timely issuance of permits required by this Act. At
a minimum, the Agency shall make the following information
available on the web portal:
(1) Checklists and guidance relating to the completion
of permit applications, developed pursuant to subsection
(s) of this Section, which may include, but are not

HB4197 - 28 - LRB103 34760 LNS 64610 b
limited to, existing instructions for completing the
applications and examples of complete applications. As the
Agency develops new checklists and develops guidance, it
shall supplement the web portal with those materials.
(2) Within 2 years after July 12, 2011 (the effective
date of Public Act 97-95), permit application forms or
portions of permit applications that can be completed and
saved electronically, and submitted to the Agency
electronically with digital signatures.
(3) Within 2 years after July 12, 2011 (the effective
date of Public Act 97-95), an online tracking system where
an applicant may review the status of its pending
application, including the name and contact information of
the permit analyst assigned to the application. Until the
online tracking system has been developed, the Agency
shall post on its website semi-annual permitting
efficiency tracking reports that include statistics on the
timeframes for Agency action on the following types of
permits received after July 12, 2011 (the effective date
of Public Act 97-95): air construction permits, new NPDES
permits and associated water construction permits, and
modifications of major NPDES permits and associated water
construction permits. The reports must be posted by
February 1 and August 1 each year and shall include:
(A) the number of applications received for each
type of permit, the number of applications on which

HB4197 - 29 - LRB103 34760 LNS 64610 b
the Agency has taken action, and the number of
applications still pending; and
(B) for those applications where the Agency has
not taken action in accordance with the timeframes set
forth in this Act, the date the application was
received and the reasons for any delays, which may
include, but shall not be limited to, (i) the
application being inadequate or incomplete, (ii)
scientific or technical disagreements with the
applicant, USEPA, or other local, state, or federal
agencies involved in the permitting approval process,
(iii) public opposition to the permit, or (iv) Agency
staffing shortages. To the extent practicable, the
tracking report shall provide approximate dates when
cause for delay was identified by the Agency, when the
Agency informed the applicant of the problem leading
to the delay, and when the applicant remedied the
reason for the delay.
(r) Upon the request of the applicant, the Agency shall
notify the applicant of the permit analyst assigned to the
application upon its receipt.
(s) The Agency is authorized to prepare and distribute
guidance documents relating to its administration of this
Section and procedural rules implementing this Section.
Guidance documents prepared under this subsection shall not be
considered rules and shall not be subject to the Illinois

HB4197 - 30 - LRB103 34760 LNS 64610 b
Administrative Procedure Act. Such guidance shall not be
binding on any party.
(t) Except as otherwise prohibited by federal law or
regulation, any person submitting an application for a permit
may include with the application suggested permit language for
Agency consideration. The Agency is not obligated to use the
suggested language or any portion thereof in its permitting
decision. If requested by the permit applicant, the Agency
shall meet with the applicant to discuss the suggested
language.
(u) If requested by the permit applicant, the Agency shall
provide the permit applicant with a copy of the draft permit
prior to any public review period.
(v) If requested by the permit applicant, the Agency shall
provide the permit applicant with a copy of the final permit
prior to its issuance.
(w) An air pollution permit shall not be required due to
emissions of greenhouse gases, as specified by Section 9.15 of
this Act.
(x) If, before the expiration of a State operating permit
that is issued pursuant to subsection (a) of this Section and
contains federally enforceable conditions limiting the
potential to emit of the source to a level below the major
source threshold for that source so as to exclude the source
from the Clean Air Act Permit Program, the Agency receives a
complete application for the renewal of that permit, then all

HB4197 - 31 - LRB103 34760 LNS 64610 b
of the terms and conditions of the permit shall remain in
effect until final administrative action has been taken on the
application for the renewal of the permit.
(y) The Agency may issue permits exclusively under this
subsection to persons owning or operating a CCR surface
impoundment subject to Section 22.59.
(z) If a mass animal mortality event is declared by the
Department of Agriculture in accordance with the Animal
Mortality Act:
(1) the owner or operator responsible for the disposal
of dead animals is exempted from the following:
(i) obtaining a permit for the construction,
installation, or operation of any type of facility or
equipment issued in accordance with subsection (a) of
this Section;
(ii) obtaining a permit for open burning in
accordance with the rules adopted by the Board; and
(iii) registering the disposal of dead animals as
an eligible small source with the Agency in accordance
with Section 9.14 of this Act;
(2) as applicable, the owner or operator responsible
for the disposal of dead animals is required to obtain the
following permits:
(i) an NPDES permit in accordance with subsection
(b) of this Section;
(ii) a PSD permit or an NA NSR permit in accordance

HB4197 - 32 - LRB103 34760 LNS 64610 b
with Section 9.1 of this Act;
(iii) a lifetime State operating permit or a
federally enforceable State operating permit, in
accordance with subsection (a) of this Section; or
(iv) a CAAPP permit, in accordance with Section
39.5 of this Act.
All CCR surface impoundment permits shall contain those
terms and conditions, including, but not limited to, schedules
of compliance, which may be required to accomplish the
purposes and provisions of this Act, Board regulations, the
Illinois Groundwater Protection Act and regulations pursuant
thereto, and the Resource Conservation and Recovery Act and
regulations pursuant thereto, and may include schedules for
achieving compliance therewith as soon as possible.
The Board shall adopt filing requirements and procedures
that are necessary and appropriate for the issuance of CCR
surface impoundment permits and that are consistent with this
Act or regulations adopted by the Board, and with the RCRA, as
amended, and regulations pursuant thereto.
The applicant shall make available to the public for
inspection all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception of
trade secrets, on its public internet website as well as at the
office of the county board or governing body of the
municipality where CCR from the CCR surface impoundment will
be permanently disposed. Such documents may be copied upon

HB4197 - 33 - LRB103 34760 LNS 64610 b
payment of the actual cost of reproduction during regular
business hours of the local office.
The Agency shall issue a written statement concurrent with
its grant or denial of the permit explaining the basis for its
decision.
(aa) The Agency shall not issue any of the following
construction permits unless the applicant for the permit
submits to the Agency with its permit application proof that
the permit applicant has conducted a public meeting pursuant
to this subsection (aa) and submitted an environmental justice
assessment pursuant to subsection (bb): (i) a construction
permit for a new source that is to be located in an
environmental justice community, that will require a CAAPP
permit or a federally enforceable State operating permit, and
that would be authorized under that permit to increase annual
permitted emissions; (ii) a construction permit for any
existing source that is located in an environmental justice
community, that, on the effective date of this amendatory Act
of the 103rd General Assembly, possesses a CAAPP permit or
federally enforceable State operating permit, and that would
be authorized under that permit to increase annual permitted
emissions; or (iii) a construction permit for any existing
source that is located in an environmental justice community,
that would require a new CAAPP permit or new federally
enforceable State operating permit for the first time, and
that would be authorized under that permit to increase annual

HB4197 - 34 - LRB103 34760 LNS 64610 b
permitted emissions. This subsection (aa) also applies to
permit applications for modifications or expansions to
existing sources that will result in an increase in the hourly
rate of emissions or the total annual emissions of any air
pollutant. The public meeting required under this subsection
(aa) shall be held within the environmental justice community
where the proposed source is located or to be located, and the
applicant shall collect public comments at the meeting.
(1) Notice of the public meeting shall be provided 30
days in advance to:
(A) local elected officials in the area where the
proposed source is to be located, including the mayor
or village president, municipal clerk, county board
chairman, county clerk, and State's Attorney;
(B) members of the General Assembly from the
legislative district in which the proposed source is
to be located; and
(C) directors of child care centers licensed by
the Department of Children and Family Services, school
principals, and public park superintendents who
oversee facilities located within one mile of the
proposed source.
(2) Notice of the public meeting shall be published in
a newspaper of general circulation.
(3) Notice of the public meeting shall be posted on a
website of the applicant with a link provided to the

HB4197 - 35 - LRB103 34760 LNS 64610 b
Agency for posting on the Agency's website.
(4) Notice of the public meeting shall include all of
the following:
(A) the name and address of the applicant and the
proposed source;
(B) the activity or activities at the proposed
source to be permitted;
(C) the proposed source's anticipated potential to
emit and allowable emissions of regulated pollutants;
(D) the date, time, and location of the public
meeting;
(E) the deadline for submission of written
comments;
(F) the mailing address or email address where
written comments can be submitted; and
(G) the website where the summary of the
environmental justice assessment required under
subsection (bb) can be accessed.
(5) If the population of individuals who reside within
one mile of the source includes individuals within a
linguistically isolated community, then the applicant
shall provide the public notice in a multilingual format
appropriate to the needs of the linguistically isolated
community and shall provide oral and written translation
services at the public meeting.
At the public meeting, the applicant shall present a

HB4197 - 36 - LRB103 34760 LNS 64610 b
summary of the environmental justice assessment required under
subsection (bb).
The applicant must accept written public comments from the
date public notice of the meeting is provided until at least 30
days after the date of the public meeting.
The applicant must provide with its permit application a
copy of the meeting notice and a certification, under penalty
of law, signed by a responsible official for the permit
applicant attesting (i) to the fact that a public meeting was
held, (ii) to the information that was provided by the
applicant at the public meeting, and (iii) that the applicant
collected written comments and transcribed oral public
comments in accordance with the requirements of this
subsection (aa).
The failure of the applicant to comply with the express
procedural requirements under this subsection (aa) shall
result in denial of a permit application submitted to the
Agency.
The Agency may propose and the Board may adopt rules
regarding the implementation of this subsection (aa).
(bb) The Agency shall not issue any of the construction
permits described in subsection (aa) unless the applicant for
the permit submits to the Agency with its permit application
proof that the permit applicant has conducted an environmental
justice assessment for the proposed project. The environmental
justice assessment shall consist of the following:

HB4197 - 37 - LRB103 34760 LNS 64610 b
(1) Air dispersion modeling examining the air
quality-related impacts from the proposed project in
combination with existing mobile and stationary air
pollutant emitting sources.
The air dispersion modeling must address emissions
associated with issuance of the permit.
If the air dispersion modeling reveals estimated
off-site impacts from the proposed project, the applicant
shall also identify efforts that will be undertaken by the
applicant during the construction or operation of the new
source to mitigate such impacts.
(2) A modeling protocol submitted to the Agency for
review and consideration prior to performance of the air
dispersion modeling. The modeling protocol shall include
analyses sufficient to evaluate short-term impacts to air
quality and impacts to air quality from nonstandard
operating conditions, such as worst-case emission
estimates under a variety of weather and atmospheric
conditions and emissions associated with startup,
shutdown, maintenance, and outages. Any Agency
recommendations for revisions to the modeling protocol
shall be provided in writing to the applicant within 120
days after receipt of the modeling protocol. The modeling
shall be performed using accepted USEPA methodologies.
(3) An environmental impact review evaluating the
direct, indirect, and cumulative environmental impacts

HB4197 - 38 - LRB103 34760 LNS 64610 b
within the environmental justice community that are
associated with the proposed project. The environmental
impact review shall include, but shall not be limited to,
the following:
(A) a qualitative and quantitative assessment of
emissions-related impacts of the project on the area,
including an estimate of the maximum allowable
emissions of criteria pollutants and hazardous air
pollutants from the source; and
(B) an assessment of the health-based indicators
for inhalation exposure, including, but not limited
to, impacts to the respiratory, hematological,
neurological, cardiovascular, renal, and hepatic
systems and cancer rates.
The environmental justice assessment must be completed by
an independent third party.
If the environmental justice assessment shows that the
proposed project will cause harm to the environment or public
health, the Agency shall impose conditions in the permit that
will mitigate such harm, or it shall deny the permit if such
harm is unavoidable and causes or contributes to
disproportionate harm.
The Agency shall propose and the Board shall adopt rules
regarding the implementation of this subsection (bb),
including, at a minimum, the type and nature of air dispersion
modeling, the contents of the modeling protocol and

HB4197 - 39 - LRB103 34760 LNS 64610 b
environmental impact review, and a description of harm and
disproportionate harm that may be evidenced by the
environmental justice assessment.
(cc) The Agency shall not issue any of the following
construction permits unless the Agency conducts an evaluation
of the prospective owner's or operator's prior experience in
owning and operating sources of air pollution: (i) a
construction permit for a new source that is to be located in
an environmental justice community, that will require a CAAPP
permit or a federally enforceable State operating permit, and
that would be authorized under that permit to increase annual
permitted emissions; (ii) a construction permit for any
existing source that is located in an environmental justice
community, that, on the effective date of this amendatory Act
of the 103rd General Assembly, possesses a CAAPP permit or
federally enforceable State operating permit, and that would
be authorized under that permit to increase annual permitted
emissions; or (iii) a construction permit for any existing
source that is located in an environmental justice community,
that would require a new CAAPP permit or new federally
enforceable State operating permit for the first time, and
that would be authorized under that permit to increase annual
permitted emissions. The Agency may deny the permit if the
prospective owner or operator or any employee or officer of
the prospective owner or operator or any board member has a
history of:

HB4197 - 40 - LRB103 34760 LNS 64610 b
(1) repeated violations of federal, State, or local
laws, rules, regulations, standards, or ordinances in the
ownership or operation of sources of air pollution;
(2) conviction in this State, another state, or
federal court of knowingly submitting false information
under any environmental law, rule, regulation, or permit
term or condition; or
(3) proof of gross carelessness or incompetence in the
ownership or operation of a source of air pollution.
(Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22;
102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
(415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
Sec. 39.2. Local siting review.
(a) The county board of the county or the governing body of
the municipality, as determined by paragraph (c) of Section 39
of this Act, shall, subject to review, approve or disapprove
the request for local siting approval for each pollution
control facility and each of the following construction
permits: (i) a construction permit for a new source that is to
be located in an environmental justice community, that will
require a CAAPP permit or a federally enforceable State
operating permit, and that would be authorized under that
permit to increase annual permitted emissions; (ii) a
construction permit for any existing source that is located in
an environmental justice community, that, on the effective

HB4197 - 41 - LRB103 34760 LNS 64610 b
date of this amendatory Act of the 103rd General Assembly,
possesses a CAAPP permit or federally enforceable State
operating permit, and that would be authorized under that
permit to increase annual permitted emissions; or (iii) a
construction permit for any existing source that is located in
an environmental justice community, that would require a new
CAAPP permit or new federally enforceable State operating
permit for the first time, and that would be authorized under
that permit to increase annual permitted emissions which is
subject to such review. An applicant for local siting approval
shall submit sufficient details describing the proposed
facility and evidence to demonstrate compliance, and local
siting approval shall be granted only if the proposed facility
meets the following criteria:
(i) the pollution control facility is necessary to
accommodate the waste needs of the area it is intended to
serve;
(ii) the pollution control facility or air pollution
source is so designed, located, and proposed to be
operated that the public health, safety, and welfare will
be protected;
(iii) the pollution control facility or air pollution
source is located so as to minimize incompatibility with
the character of the surrounding area and to minimize the
effect on the value of the surrounding property;
(iv) (A) for a pollution control facility other than a

HB4197 - 42 - LRB103 34760 LNS 64610 b
sanitary landfill or waste disposal site, the pollution
control facility is located outside the boundary of the
100-year 100 year flood plain or the site is
flood-proofed; (B) for a pollution control facility that
is a sanitary landfill or waste disposal site, the
pollution control facility is located outside the boundary
of the 100-year floodplain, or if the pollution control
facility is a facility described in subsection (b)(3) of
Section 22.19a, the site is flood-proofed;
(v) the plan of operations for the pollution control
facility or air pollution source is designed to minimize
the danger to the surrounding area from fire, spills, or
other operational accidents;
(vi) the traffic patterns to or from the pollution
control facility or air pollution source are so designed
as to minimize the impact on existing traffic flows;
(vii) if the pollution control facility will be
treating, storing, or disposing of hazardous waste, an
emergency response plan exists for the facility which
includes notification, containment, and evacuation
procedures to be used in case of an accidental release;
(viii) if the pollution control facility is to be
located in a county where the county board has adopted a
solid waste management plan consistent with the planning
requirements of the Local Solid Waste Disposal Act or the
Solid Waste Planning and Recycling Act, the pollution

HB4197 - 43 - LRB103 34760 LNS 64610 b
control facility is consistent with that plan; for
purposes of this criterion (viii), the "solid waste
management plan" means the plan that is in effect as of the
date the application for siting approval is filed; and
(ix) if the pollution control facility will be located
within a regulated recharge area, any applicable
requirements specified by the Board for such areas have
been met.
The county board or the governing body of the municipality
may also consider as evidence the previous operating
experience and past record of convictions or admissions of
violations of the pollution control facility applicant (and
any subsidiary or parent corporation) in the field of solid
waste management when considering criteria (ii) and (v) under
this Section.
If the pollution control facility is subject to the
location restrictions in Section 22.14 of this Act, compliance
with that Section shall be determined as of the date the
application for siting approval is filed.
(b) No later than 14 days before the date on which the
county board or governing body of the municipality receives a
request for site approval, the applicant shall cause written
notice of such request to be served either in person or by
registered mail, return receipt requested, on the owners of
all property within the subject area not solely owned by the
applicant, and on the owners of all property within 250 feet in

HB4197 - 44 - LRB103 34760 LNS 64610 b
each direction of the lot line of the subject property, said
owners being such persons or entities which appear from the
authentic tax records of the county County in which such
pollution control facility or air pollution source is to be
located; provided, that the number of all feet occupied by all
public roads, streets, alleys, and other public ways shall be
excluded in computing the 250 feet requirement; provided
further, that in no event shall this requirement exceed 400
feet, including public streets, alleys, and other public ways.
Such written notice shall also be served upon members of
the General Assembly from the legislative district in which
the proposed pollution control facility or air pollution
source is located and shall be published in a newspaper of
general circulation published in the county in which the site
is located.
Such notice shall state the name and address of the
applicant, the location of the proposed site, the nature and
size of the development, the nature of the activity proposed,
the probable life of the proposed activity, the date when the
request for site approval will be submitted, and a description
of the right of persons to comment on such request as hereafter
provided.
(c) An applicant shall file a copy of its request with the
county board of the county or the governing body of the
municipality in which the proposed site is located. The
request shall include (i) the substance of the applicant's

HB4197 - 45 - LRB103 34760 LNS 64610 b
proposal and (ii) all documents, if any, submitted as of that
date to the Agency pertaining to the proposed pollution
control facility or air pollution source, except trade secrets
as determined under Section 7.1 of this Act. All such
documents or other materials on file with the county board or
governing body of the municipality shall be made available for
public inspection at the office of the county board or the
governing body of the municipality and may be copied upon
payment of the actual cost of reproduction.
Any person may file written comment with the county board
or governing body of the municipality concerning the
appropriateness of the proposed site for its intended purpose.
The county board or governing body of the municipality shall
consider any comment received or postmarked not later than 30
days after the date of the last public hearing.
(d) At least one public hearing, at which an applicant
shall present at least one witness to testify subject to
cross-examination, is to be held by the county board or
governing body of the municipality no sooner than 90 days but
no later than 120 days after the date on which it received the
request for site approval. No later than 14 days prior to such
hearing, notice shall be published in a newspaper of general
circulation published in the county of the proposed site, and
delivered by certified mail to all members of the General
Assembly from the district in which the proposed site is
located, to the governing authority of every municipality

HB4197 - 46 - LRB103 34760 LNS 64610 b
contiguous to the proposed site or contiguous to the
municipality in which the proposed site is to be located, to
the county board of the county where the proposed site is to be
located, if the proposed site is located within the boundaries
of a municipality, and to the Agency. Members or
representatives of the governing authority of a municipality
contiguous to the proposed site or contiguous to the
municipality in which the proposed site is to be located and,
if the proposed site is located in a municipality, members or
representatives of the county board of a county in which the
proposed site is to be located may appear at and participate in
public hearings held pursuant to this Section. The public
hearing shall develop a record sufficient to form the basis of
appeal of the decision in accordance with Section 40.1 of this
Act. The fact that a member of the county board or governing
body of the municipality has publicly expressed an opinion on
an issue related to a site review proceeding shall not
preclude the member from taking part in the proceeding and
voting on the issue.
(e) Decisions of the county board or governing body of the
municipality are to be in writing, confirming a public hearing
was held with testimony from at least one witness presented by
the applicant, specifying the reasons for the decision, such
reasons to be in conformance with subsection (a) of this
Section. In granting approval for a site the county board or
governing body of the municipality may impose such conditions

HB4197 - 47 - LRB103 34760 LNS 64610 b
as may be reasonable and necessary to accomplish the purposes
of this Section and as are not inconsistent with regulations
promulgated by the Board. Such decision shall be available for
public inspection at the office of the county board or
governing body of the municipality and may be copied upon
payment of the actual cost of reproduction. If there is no
final action by the county board or governing body of the
municipality within 180 days after the date on which it
received the request for site approval, the applicant may deem
the request approved.
At the public hearing, at any time prior to completion by
the applicant of the presentation of the applicant's factual
evidence, testimony, and an opportunity for cross-examination
by the county board or governing body of the municipality and
any participants, the applicant may file not more than one
amended application upon payment of additional fees pursuant
to subsection (k); in which case the time limitation for final
action set forth in this subsection (e) shall be extended for
an additional period of 90 days.
If, prior to making a final local siting decision, a
county board or governing body of a municipality has
negotiated and entered into a host agreement with the local
siting applicant, the terms and conditions of the host
agreement, whether written or oral, shall be disclosed and
made a part of the hearing record for that local siting
proceeding. In the case of an oral agreement, the disclosure

HB4197 - 48 - LRB103 34760 LNS 64610 b
shall be made in the form of a written summary jointly prepared
and submitted by the county board or governing body of the
municipality and the siting applicant and shall describe the
terms and conditions of the oral agreement.
(e-5) Siting approval obtained pursuant to this Section is
transferable and may be transferred to a subsequent owner or
operator. In the event that siting approval has been
transferred to a subsequent owner or operator, that subsequent
owner or operator assumes and takes subject to any and all
conditions imposed upon the prior owner or operator by the
county board of the county or governing body of the
municipality pursuant to subsection (e). However, any such
conditions imposed pursuant to this Section may be modified by
agreement between the subsequent owner or operator and the
appropriate county board or governing body. Further, in the
event that siting approval obtained pursuant to this Section
has been transferred to a subsequent owner or operator, that
subsequent owner or operator assumes all rights and
obligations and takes the facility subject to any and all
terms and conditions of any existing host agreement between
the prior owner or operator and the appropriate county board
or governing body.
(f) A local siting approval granted under this Section
shall expire at the end of 2 calendar years from the date upon
which it was granted, unless the local siting approval granted
under this Section is for a sanitary landfill operation, in

HB4197 - 49 - LRB103 34760 LNS 64610 b
which case the approval shall expire at the end of 3 calendar
years from the date upon which it was granted, and unless
within that period the applicant has made application to the
Agency for a permit to develop the site. In the event that the
local siting decision has been appealed, such expiration
period shall be deemed to begin on the date upon which the
appeal process is concluded.
Except as otherwise provided in this subsection, upon the
expiration of a development permit under subsection (k) of
Section 39, any associated local siting approval granted for
the facility under this Section shall also expire.
If a first development permit for a municipal waste
incineration facility expires under subsection (k) of Section
39 after September 30, 1989 due to circumstances beyond the
control of the applicant, any associated local siting approval
granted for the facility under this Section may be used to
fulfill the local siting approval requirement upon application
for a second development permit for the same site, provided
that the proposal in the new application is materially the
same, with respect to the criteria in subsection (a) of this
Section, as the proposal that received the original siting
approval, and application for the second development permit is
made before January 1, 1990.
(g) The siting approval procedures, criteria and appeal
procedures provided for in this Act for new pollution control
facilities shall be the exclusive siting procedures and rules

HB4197 - 50 - LRB103 34760 LNS 64610 b
and appeal procedures for facilities subject to such
procedures. Local zoning or other local land use requirements
shall not be applicable to such siting decisions.
(h) Nothing in this Section shall apply to any existing or
new pollution control facility located within the corporate
limits of a municipality with a population of over 1,000,000.
(i) (Blank.)
The Board shall adopt regulations establishing the
geologic and hydrologic siting criteria necessary to protect
usable groundwater resources which are to be followed by the
Agency in its review of permit applications for new pollution
control facilities. Such regulations, insofar as they apply to
new pollution control facilities authorized to store, treat or
dispose of any hazardous waste, shall be at least as stringent
as the requirements of the Resource Conservation and Recovery
Act and any State or federal regulations adopted pursuant
thereto.
(j) Any new pollution control facility which has never
obtained local siting approval under the provisions of this
Section shall be required to obtain such approval after a
final decision on an appeal of a permit denial.
(k) A county board or governing body of a municipality may
charge applicants for siting review under this Section a
reasonable fee to cover the reasonable and necessary costs
incurred by such county or municipality in the siting review
process.

HB4197 - 51 - LRB103 34760 LNS 64610 b
(l) The governing Authority as determined by subsection
(c) of Section 39 of this Act may request the Department of
Transportation to perform traffic impact studies of proposed
or potential locations for required pollution control
facilities.
(m) An applicant may not file a request for local siting
approval which is substantially the same as a request which
was disapproved pursuant to a finding against the applicant
under any of criteria (i) through (ix) of subsection (a) of
this Section within the preceding 2 years.
(n) In any review proceeding of a decision of the county
board or governing body of a municipality made pursuant to the
local siting review process, the petitioner in the review
proceeding shall pay to the county or municipality the cost of
preparing and certifying the record of proceedings. Should the
petitioner in the review proceeding fail to make payment, the
provisions of Section 3-109 of the Code of Civil Procedure
shall apply.
In the event the petitioner is a citizens' group that
participated in the siting proceeding and is so located as to
be affected by the proposed facility, such petitioner shall be
exempt from paying the costs of preparing and certifying the
record.
(o) Notwithstanding any other provision of this Section, a
transfer station used exclusively for landscape waste, where
landscape waste is held no longer than 24 hours from the time

HB4197 - 52 - LRB103 34760 LNS 64610 b
it was received, is not subject to the requirements of local
siting approval under this Section, but is subject only to
local zoning approval.
(p) The siting approval procedures, criteria, and appeal
procedures provided for in this Act for new air pollution
sources shall be in addition to the applicable local land use
and zoning standards, procedures, rules, and appeal
procedures, including separate environmental justice and
cumulative environmental impact reviews and requirements as
may be adopted locally. Local zoning or other local land use
requirements shall continue to be applicable to siting
decisions for new air pollution sources in addition to the
siting approval procedures, criteria, and appeal procedures
provided in this Act.
(Source: P.A. 100-382, eff. 8-25-17.)
(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

HB4197 - 53 - LRB103 34760 LNS 64610 b
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
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

HB4197 - 54 - LRB103 34760 LNS 64610 b
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 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

HB4197 - 55 - LRB103 34760 LNS 64610 b
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
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

HB4197 - 56 - LRB103 34760 LNS 64610 b
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,
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

HB4197 - 57 - LRB103 34760 LNS 64610 b
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 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

HB4197 - 58 - LRB103 34760 LNS 64610 b
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
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.

HB4197 - 59 - LRB103 34760 LNS 64610 b
"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).
(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.

HB4197 - 60 - LRB103 34760 LNS 64610 b
(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
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

HB4197 - 61 - LRB103 34760 LNS 64610 b
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
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

HB4197 - 62 - LRB103 34760 LNS 64610 b
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) 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

HB4197 - 63 - LRB103 34760 LNS 64610 b
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
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

HB4197 - 64 - LRB103 34760 LNS 64610 b
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.
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

HB4197 - 65 - LRB103 34760 LNS 64610 b
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
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

HB4197 - 66 - LRB103 34760 LNS 64610 b
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.
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

HB4197 - 67 - LRB103 34760 LNS 64610 b
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,
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

HB4197 - 68 - LRB103 34760 LNS 64610 b
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
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

HB4197 - 69 - LRB103 34760 LNS 64610 b
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
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.

HB4197 - 70 - LRB103 34760 LNS 64610 b
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).
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.

HB4197 - 71 - LRB103 34760 LNS 64610 b
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.
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

HB4197 - 72 - LRB103 34760 LNS 64610 b
standard promulgated under Section 111 or 112 of
the Clean Air Act.
BB. Any other stationary source category
designated by USEPA by rule.
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 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,

HB4197 - 73 - LRB103 34760 LNS 64610 b
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
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

HB4197 - 74 - LRB103 34760 LNS 64610 b
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 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

HB4197 - 75 - LRB103 34760 LNS 64610 b
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.
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

HB4197 - 76 - LRB103 34760 LNS 64610 b
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
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.

HB4197 - 77 - LRB103 34760 LNS 64610 b
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 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

HB4197 - 78 - LRB103 34760 LNS 64610 b
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
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.

HB4197 - 79 - LRB103 34760 LNS 64610 b
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
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

HB4197 - 80 - LRB103 34760 LNS 64610 b
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
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

HB4197 - 81 - LRB103 34760 LNS 64610 b
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.
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

HB4197 - 82 - LRB103 34760 LNS 64610 b
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) 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

HB4197 - 83 - LRB103 34760 LNS 64610 b
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
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.

HB4197 - 84 - LRB103 34760 LNS 64610 b
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 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

HB4197 - 85 - LRB103 34760 LNS 64610 b
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
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

HB4197 - 86 - LRB103 34760 LNS 64610 b
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
measurements.
B. The date(s) analyses were performed.
C. The company or entity that performed the
analyses.

HB4197 - 87 - LRB103 34760 LNS 64610 b
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
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

HB4197 - 88 - LRB103 34760 LNS 64610 b
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:
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

HB4197 - 89 - LRB103 34760 LNS 64610 b
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
powers) of the Clean Air Act, including USEPA's
authority under that section.
B. The liability of an owner or operator of a

HB4197 - 90 - LRB103 34760 LNS 64610 b
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 time when emission limitations were exceeded due
to the emergency. This notice must contain a detailed
description of the emergency, any steps taken to

HB4197 - 91 - LRB103 34760 LNS 64610 b
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.
l. The Agency shall include in each permit issued
under subsection 10 of this Section:
i. Terms and conditions for reasonably anticipated

HB4197 - 92 - LRB103 34760 LNS 64610 b
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;
B. Must meet all applicable requirements;
C. Shall extend the permit shield described in
paragraph (j) of subsection 7 of this Section to

HB4197 - 93 - LRB103 34760 LNS 64610 b
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
Clean Air Act and the Act, and is grounds for any or

HB4197 - 94 - LRB103 34760 LNS 64610 b
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 exists for modifying, revoking and reissuing, or

HB4197 - 95 - LRB103 34760 LNS 64610 b
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
by a CAAPP permit shall contain a certification by a

HB4197 - 96 - LRB103 34760 LNS 64610 b
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
requirements; or

HB4197 - 97 - LRB103 34760 LNS 64610 b
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

HB4197 - 98 - LRB103 34760 LNS 64610 b
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.

HB4197 - 99 - LRB103 34760 LNS 64610 b
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

HB4197 - 100 - LRB103 34760 LNS 64610 b
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

HB4197 - 101 - LRB103 34760 LNS 64610 b
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

HB4197 - 102 - LRB103 34760 LNS 64610 b
management 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)

HB4197 - 103 - LRB103 34760 LNS 64610 b
process the permit 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

HB4197 - 104 - LRB103 34760 LNS 64610 b
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

HB4197 - 105 - LRB103 34760 LNS 64610 b
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. Further,
for any of the following construction permits, the Agency
shall conduct an evaluation of the prospective owner's or
operator's prior experience in owning and operating
sources of air pollution: (i) a construction permit for a
new source that is to be located in an environmental
justice community, that will require a CAAPP permit or a
federally enforceable State operating permit, and that
would be authorized under that permit to increase annual

HB4197 - 106 - LRB103 34760 LNS 64610 b
permitted emissions; (ii) a construction permit for any
existing source that is located in an environmental
justice community that, on the effective date of this
amendatory Act of the 103rd General Assembly, possesses a
CAAPP permit or federally enforceable State operating
permit and that would be authorized under that permit to
increase annual permitted emissions; or (iii) a
construction permit for any existing source that is
located in an environmental justice community that would
require a new CAAPP permit or new federally enforceable
State operating permit for the first time and that would
be authorized under that permit to increase annual
permitted emissions. The Agency has the authority to deny
such a permit transaction if the prospective owner or
operator or any employee or officer of the prospective
owner or operator or board member or manager has a history
of:
i. repeated violations of federal, State, or local
laws, rules, regulations, standards, or ordinances in
the ownership or operation of sources of air
pollution;
ii. conviction in this State, another state, or
federal court of knowingly submitting false
information under any law, rule, regulation, or permit
term or condition regarding the environment; or
iii. proof of gross carelessness or incompetence

HB4197 - 107 - LRB103 34760 LNS 64610 b
in the ownership or operation of a source of air
pollution.
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 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

HB4197 - 108 - LRB103 34760 LNS 64610 b
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
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

HB4197 - 109 - LRB103 34760 LNS 64610 b
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
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.

HB4197 - 110 - LRB103 34760 LNS 64610 b
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 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

HB4197 - 111 - LRB103 34760 LNS 64610 b
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
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

HB4197 - 112 - LRB103 34760 LNS 64610 b
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
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

HB4197 - 113 - LRB103 34760 LNS 64610 b
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;
(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

HB4197 - 114 - LRB103 34760 LNS 64610 b
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
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

HB4197 - 115 - LRB103 34760 LNS 64610 b
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.
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

HB4197 - 116 - LRB103 34760 LNS 64610 b
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.
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

HB4197 - 117 - LRB103 34760 LNS 64610 b
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
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

HB4197 - 118 - LRB103 34760 LNS 64610 b
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
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

HB4197 - 119 - LRB103 34760 LNS 64610 b
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
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

HB4197 - 120 - LRB103 34760 LNS 64610 b
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,
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

HB4197 - 121 - LRB103 34760 LNS 64610 b
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
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.

HB4197 - 122 - LRB103 34760 LNS 64610 b
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
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.

HB4197 - 123 - LRB103 34760 LNS 64610 b
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)
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.

HB4197 - 124 - LRB103 34760 LNS 64610 b
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
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

HB4197 - 125 - LRB103 34760 LNS 64610 b
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
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

HB4197 - 126 - LRB103 34760 LNS 64610 b
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 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

HB4197 - 127 - LRB103 34760 LNS 64610 b
issuance and shall affect only those parts of the permit
for which cause to reopen exists.
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
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

HB4197 - 128 - LRB103 34760 LNS 64610 b
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
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

HB4197 - 129 - LRB103 34760 LNS 64610 b
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
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

HB4197 - 130 - LRB103 34760 LNS 64610 b
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 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

HB4197 - 131 - LRB103 34760 LNS 64610 b
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,
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

HB4197 - 132 - LRB103 34760 LNS 64610 b
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
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

HB4197 - 133 - LRB103 34760 LNS 64610 b
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
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

HB4197 - 134 - LRB103 34760 LNS 64610 b
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
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

HB4197 - 135 - LRB103 34760 LNS 64610 b
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.
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

HB4197 - 136 - LRB103 34760 LNS 64610 b
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
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

HB4197 - 137 - LRB103 34760 LNS 64610 b
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 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

HB4197 - 138 - LRB103 34760 LNS 64610 b
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.
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.

HB4197 - 139 - LRB103 34760 LNS 64610 b
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).
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.

HB4197 - 140 - LRB103 34760 LNS 64610 b
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
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

HB4197 - 141 - LRB103 34760 LNS 64610 b
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 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

HB4197 - 142 - LRB103 34760 LNS 64610 b
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 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

HB4197 - 143 - LRB103 34760 LNS 64610 b
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.
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

HB4197 - 144 - LRB103 34760 LNS 64610 b
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
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

HB4197 - 145 - LRB103 34760 LNS 64610 b
(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
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

HB4197 - 146 - LRB103 34760 LNS 64610 b
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.
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

HB4197 - 147 - LRB103 34760 LNS 64610 b
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.
(Source: P.A. 99-380, eff. 8-17-15; 99-933, eff. 1-27-17;
100-103, eff. 8-11-17.)
(415 ILCS 5/39.15 new)
Sec. 39.15. Environmental justice considerations in
permitting.
(a) The following public participation requirements for
permitting transactions in an environmental justice community
must be complied with:
(1) If an application for a permit, permit renewal, or

HB4197 - 148 - LRB103 34760 LNS 64610 b
permit modification is subject to public notice and
comment requirements under this Act, rules adopted by the
Board, or rules adopted by the Agency, and the application
is for a facility or source in an environmental justice
community, the Agency must comply with existing applicable
requirements for public notice.
(2) In addition to the public notice requirements
referenced in paragraph (1), the Agency shall provide the
public with notice of an application for a permit, permit
renewal, or permit modification if the facility or
proposed facility is located or is to be located in an
environmental justice community for the following types of
permitting transactions: (i) permits for pollution control
facilities subject to local siting review under Section
39.2; and (ii) individual minor or major NPDES permits
issued under subsection (b) of Section 39.
The public notice shall be provided: (i) by prominent
placement at a dedicated page on the Agency's website;
(ii) to local elected officials in the area where the
facility or proposed facility is located or is to be
located, including the mayor or president, clerk, county
board chairman, county clerk, and State's Attorney; and
(iii) to members of the General Assembly from the
legislative district in which the facility or proposed
facility is located or is to be located.
The public notice shall include: (i) the name and

HB4197 - 149 - LRB103 34760 LNS 64610 b
address of the permit applicant and the facility or
proposed facility; and (ii) the activity or activities at
the facility or proposed facility being permitted.
(b) If the population of individuals who reside within one
mile of the site or facility includes individuals within a
linguistically isolated community, then the Agency must also
provide:
(1) all public notices required by this Section in a
multilingual format appropriate to the needs of the
linguistically isolated community; and
(2) oral and written translation services at public
hearings.
(c) For permit applications for facilities in an
environmental justice community, the Director of the Agency
may grant extensions of any permitting deadlines established
in this Act by up to an additional 180 days to allow for
additional review of the permit application by the Agency or
additional public participation. Any exercise of this
authority shall be provided in writing to the permit applicant
with the specific reason and new permitting deadline.
(415 ILCS 5/40) (from Ch. 111 1/2, par. 1040)
Sec. 40. Appeal of permit denial.
(a)(1) If the Agency refuses to grant or grants with
conditions a permit under Section 39 of this Act, the
applicant may, within 35 days after the date on which the

HB4197 - 150 - LRB103 34760 LNS 64610 b
Agency served its decision on the applicant, petition for a
hearing before the Board to contest the decision of the
Agency. However, the 35-day period for petitioning for a
hearing may be extended for an additional period of time not to
exceed 90 days by written notice provided to the Board from the
applicant and the Agency within the initial appeal period. The
Board shall give 21 days' notice to any person in the county
where is located the facility in issue who has requested
notice of enforcement proceedings and to each member of the
General Assembly in whose legislative district that
installation or property is located; and shall publish that
21-day notice in a newspaper of general circulation in that
county. The Agency shall appear as respondent in such hearing.
At such hearing the rules prescribed in Section 32 and
subsection (a) of Section 33 of this Act shall apply, and the
burden of proof shall be on the petitioner. If, however, the
Agency issues an NPDES permit that imposes limits which are
based upon a criterion or denies a permit based upon
application of a criterion, then the Agency shall have the
burden of going forward with the basis for the derivation of
those limits or criterion which were derived under the Board's
rules.
(2) Except as provided in paragraph (a)(3), if there is no
final action by the Board within 120 days after the date on
which it received the petition, the petitioner may deem the
permit issued under this Act, provided, however, that that

HB4197 - 151 - LRB103 34760 LNS 64610 b
period of 120 days shall not run for any period of time, not to
exceed 30 days, during which the Board is without sufficient
membership to constitute the quorum required by subsection (a)
of Section 5 of this Act, and provided further that such 120
day period shall not be stayed for lack of quorum beyond 30
days regardless of whether the lack of quorum exists at the
beginning of such 120-day period or occurs during the running
of such 120-day period.
(3) Paragraph (a)(2) shall not apply to any permit which
is subject to subsection (b), (d) or (e) of Section 39. If
there is no final action by the Board within 120 days after the
date on which it received the petition, the petitioner shall
be entitled to an Appellate Court order pursuant to subsection
(d) of Section 41 of this Act.
(b) If the Agency grants a RCRA permit for a hazardous
waste disposal site, a third party, other than the permit
applicant or Agency, may, within 35 days after the date on
which the Agency issued its decision, petition the Board for a
hearing to contest the issuance of the permit. Unless the
Board determines that such petition is duplicative or
frivolous, or that the petitioner is so located as to not be
affected by the permitted facility, the Board shall hear the
petition in accordance with the terms of subsection (a) of
this Section and its procedural rules governing denial
appeals, such hearing to be based exclusively on the record
before the Agency. The burden of proof shall be on the

HB4197 - 152 - LRB103 34760 LNS 64610 b
petitioner. The Agency and the permit applicant shall be named
co-respondents.
The provisions of this subsection do not apply to the
granting of permits issued for the disposal or utilization of
sludge from publicly owned sewage works.
(c) Any party to an Agency proceeding conducted pursuant
to Section 39.3 of this Act may petition as of right to the
Board for review of the Agency's decision within 35 days from
the date of issuance of the Agency's decision, provided that
such appeal is not duplicative or frivolous. However, the
35-day period for petitioning for a hearing may be extended by
the applicant for a period of time not to exceed 90 days by
written notice provided to the Board from the applicant and
the Agency within the initial appeal period. If another person
with standing to appeal wishes to obtain an extension, there
must be a written notice provided to the Board by that person,
the Agency, and the applicant, within the initial appeal
period. The decision of the Board shall be based exclusively
on the record compiled in the Agency proceeding. In other
respects the Board's review shall be conducted in accordance
with subsection (a) of this Section and the Board's procedural
rules governing permit denial appeals.
(d) In reviewing the denial or any condition of a NA NSR
permit issued by the Agency pursuant to rules and regulations
adopted under subsection (c) of Section 9.1 of this Act, the
decision of the Board shall be based exclusively on the record

HB4197 - 153 - LRB103 34760 LNS 64610 b
before the Agency including the record of the hearing, if any,
unless the parties agree to supplement the record. The Board
shall, if it finds the Agency is in error, make a final
determination as to the substantive limitations of the permit
including a final determination of Lowest Achievable Emission
Rate.
(e)(1) If the Agency grants or denies a permit under
subsection (b) of Section 39 of this Act, a third party, other
than the permit applicant or Agency, may petition the Board
within 35 days from the date of issuance of the Agency's
decision, for a hearing to contest the decision of the Agency.
(2) A petitioner shall include the following within a
petition submitted under subdivision (1) of this subsection:
(A) a demonstration that the petitioner raised the
issues contained within the petition during the public
notice period or during the public hearing on the NPDES
permit application, if a public hearing was held; and
(B) a demonstration that the petitioner is so situated
as to be affected by the permitted facility.
(3) If the Board determines that the petition is not
duplicative or frivolous and contains a satisfactory
demonstration under subdivision (2) of this subsection, the
Board shall hear the petition (i) in accordance with the terms
of subsection (a) of this Section and its procedural rules
governing permit denial appeals and (ii) exclusively on the
basis of the record before the Agency. The burden of proof

HB4197 - 154 - LRB103 34760 LNS 64610 b
shall be on the petitioner. The Agency and permit applicant
shall be named co-respondents.
(f) Any person who files a petition to contest the
issuance of a permit by the Agency shall pay a filing fee.
(g) If the Agency grants or denies a permit under
subsection (y) of Section 39, a third party, other than the
permit applicant or Agency, may appeal the Agency's decision
as provided under federal law for CCR surface impoundment
permits.
(h) If the Agency grants a permit to construct, modify, or
operate a facility that emits air pollutants and is classified
as a minor source, a third party, other than the permit
applicant or Agency, may, within 35 days after the date on
which the Agency issued its decision, petition the Board for a
hearing to contest the issuance of the permit. Unless the
Board determines that the petition is duplicative or frivolous
or that the petitioner is so located as to not be affected by
the permitted facility, the Board shall hear the petition in
accordance with the terms of subsection (a) of this Section
and its procedural rules governing denial appeals. The hearing
shall be based exclusively on the record before the Agency.
The burden of proof shall be on the petitioner. The Agency and
the permit applicant shall be named co-respondents.
(Source: P.A. 101-171, eff. 7-30-19; 102-558, eff. 8-20-21.)
(415 ILCS 5/40.4 new)

HB4197 - 155 - LRB103 34760 LNS 64610 b
Sec. 40.4. Environmental justice grievance.
(a) An environmental justice grievance process, subject to
the provisions of this Section, applies to complaints alleging
violations of Section 601 of the federal Civil Rights Act of
1964.
(b) An environmental justice grievance must allege
discrimination on the basis of an individual's actual or
perceived race, color, religion, national origin, citizenship,
ancestry, age, sex, marital status, order of protection
status, conviction record, arrest record, disability, military
status, sexual orientation, gender identity, gender
expression, pregnancy, or unfavorable discharge from military
service.
(c) To initiate the environmental justice grievance
process a person must file a complaint with the Agency within
60 days after an alleged violation. The Agency, in its
discretion, may waive the 60-day deadline for good cause. The
complaint must:
(1) be in writing;
(2) describe with specificity the discrimination
alleged; and
(3) identify the parties impacted by the alleged
discrimination.
(d) The complaint under subsection (c) must be addressed
to the Agency as the Agency provides by rule.
(e) Within 10 days after receiving the complaint filed

HB4197 - 156 - LRB103 34760 LNS 64610 b
under subsection (c), the Agency shall provide written notice
of receipt and acceptance of the complaint. If the Agency
determines that it has jurisdiction to review the complaint,
the complaint will be considered meritorious, unless:
(1) the complaint clearly appears on its face to be
frivolous or trivial;
(2) the complaint is not timely and good cause does
not exist to waive timeliness;
(3) the Agency, within the time allotted to
investigate the complaint, voluntarily concedes
noncompliance and agrees to take appropriate remedial
action or agrees to an informal resolution of the
complaint; or
(4) the complainant, within the time allotted for the
complaint to be investigated, withdraws the complaint.
(f) Within 120 days after the date it provides written
notice of receipt and acceptance of the complaint under
subsection (e), the Agency shall make a determination of
jurisdiction and the merits of the complaint, conduct an
investigation, and provide a proposed resolution, if
appropriate, to the extent practicable and allowable under
existing laws and regulations.
(g) The Agency may propose, and the Board may adopt, rules
for the implementation and administration of this Section.
HB4197 - 157 - LRB103 34760 LNS 64610 b
INDEX
Statutes amended in order of appearance