TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.101 PURPOSE
Section 270.101 Purpose
This Part provides procedural
rules to implement Section 39.5 of the Environmental Protection Act (See P.A.
87-1213, effective September 26, 1992, and P.A. 88-464, effective August 20,
1993) [415 ILCS 5/39.5] ("Act"), the permit program established for
this State pursuant to Title V of the Clean Air Act as amended (42 U.S.C.
Section 7401 et seq.).
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.102 DEFINITIONS
Section 270.102 Definitions
Except as otherwise defined in
this Part, definitions of terms used in this Part shall be those used in
Section 39.5 of the Act and 35 Ill. Adm. Code 211.
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SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.103 EXISTING CAAPP SOURCE
Section 270.103 Existing
CAAPP Source
"Existing CAAPP
source" means a CAAPP source that commenced operation prior to the
effective date of the CAAPP.
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SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.104 INITIAL CAAPP APPLICATION
Section 270.104 Initial
CAAPP Application
"Initial CAAPP
application" means the first CAAPP application submitted for an existing
CAAPP source.
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SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.105 NEW CAAPP SOURCE
Section 270.105 New CAAPP
Source
"New CAAPP source"
means a CAAPP source that is not an existing CAAPP source.
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SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.106 STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE
Section 270.106 Standard
Industrial Classification (SIC) Code
"Standard Industrial
Classification (SIC) Code" means the 2-, 3-, or 4- digit code for a source
based on the primary activity conducted at the source, as determined from the
Standard Industrial Classification Manual (1987), Superintendent of Documents,
U.S. Government Printing Office, Washington, D.C. 20402, incorporated by
reference in Section 270.108 of this Part.
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SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.107 APPLICABILITY
Section 270.107
Applicability
This Part applies to the owner
or operator of any source required to have an operating permit pursuant to
Section 39.5 of the Act.
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SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.108 INCORPORATION BY REFERENCE
Section 270.108
Incorporation by Reference
Standard Industrial
Classification Manual, Superintendent of Documents, Washington, D.C. 20402,
1987, is incorporated by reference. This incorporation does not include any
later amendments or editions.
SUBPART B: TRANSITION
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SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.201 SCHEDULE FOR SUBMISSION OF INITIAL CAAPP APPLICATIONS FOR EXISTING CAAPP SOURCES
Section 270.201 Schedule for
Submission of Initial CAAPP Applications for Existing CAAPP Sources
An owner or operator of an
existing CAAPP source shall submit to the Agency a complete initial CAAPP
application for the source no later than the applicable date specified below:
a) An owner or operator of a CAAPP source with the following SIC
codes shall submit its initial complete CAAPP application no later than 3
months after the effective date of the CAAPP: 70, 80, 82, 92, and 97
(institutions); 44, 50, and 51 (material handling); 10, 12, and 14 (mining);
and 2951 (asphalt plants);
b) An owner or operator of a CAAPP source with the following SIC
codes shall submit its initial complete CAAPP application no later than 6
months after the effective date of the CAAPP: 26 (paper and allied products);
27 (printing and publishing); 46, 494, and 495 (pipelines and utilities other
than natural gas pipelines); 491 and 493 (electric utilities); and 32 (mineral
products);
c) An owner or operator of a CAAPP source not included in (a) or
(b) above or (d) below shall submit its initial complete CAAPP application no
later than 9 months after the effective date of the CAAPP; and
d) An owner or operator of a CAAPP source with the following SIC
codes shall submit its initial complete CAAPP application no later than 12
months after the effective date of the CAAPP: 20 (agricultural products); 28
(chemicals); 29 (petroleum refining not including 2951); 33 (iron and steel
products); and 37 (transportation equipment).
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.202 TRANSITION FROM THE STATE OPERATING PERMIT PROGRAM
Section 270.202 Transition
from the State Operating Permit Program
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 the
expiration of the State operating permit has been deemed complete. For purposes
other than permit renewal, the obligation upon the owner or operator of a CAAPP
source to obtain a State operating permit is not removed upon submittal of a
complete CAAPP 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 and/or operating permit as required for
such modification in accordance with the State permit program under Section
39(a) of the Act, as amended, and regulations promulgated thereunder. The
application for such construction and/or operating permit shall be considered
an amendment to the CAAPP application submitted for such source. (See
Section 39.5(4)(a) of the Act)
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. (See Section 39.5(4)(b) of
the Act)
c) The CAAPP permit shall, upon becoming effective, supersede
the State operating permit. (See Section 39.5(4)(g) of the Act)
SUBPART C: CAAPP APPLICATIONS
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SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.301 APPLICATION SUBMITTAL
Section 270.301 Application
Submittal
a) In order for a submittal to be deemed timely, an owner or
operator of an existing CAAPP source shall submit to the Agency a complete
initial CAAPP application in accordance with the schedule set forth in Section
270.201 of this Part. An owner or operator of an existing CAAPP source may
voluntarily submit its initial CAAPP application prior to the date required in
this Part, provided that CAAPP submittal to the Agency is subsequent to the
date the Agency submits the CAAPP to USEPA for approval.
b) The owner or operator of a new CAAPP source shall submit
its complete CAAPP application consistent with Section 39.5(5) of the Act.
c) An owner or operator of a new CAAPP source must comply with
all applicable construction permit requirements.
d) In order for a submittal to be deemed timely, an owner or
operator of a CAAPP source shall submit to the Agency a complete CAAPP
application for the renewal of a CAAPP permit not later than 9 months before
the date of permit expiration of the existing CAAPP permit.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.302 APPLICATION SUBMITTAL FOR MODIFICATIONS OF CAAPP PERMITS
Section 270.302 Application
Submittal for Modifications of CAAPP Permits
a) A complete application for a significant modification of a
CAAPP permit shall be submitted to the Agency not later than 9 months prior to
the date of implementation of the proposed change. The proposed change may be
implemented as soon as the Agency has taken final action to approve the change.
b) A complete application for a permit modification under Section
112(g) of the Clean Air Act shall be submitted to the Agency not later than 12
months after implementation of the proposed change. However, if the proposed
change is a significant modification, subsection (a) above shall apply.
c) A complete application for a minor permit modification of a
CAAPP permit using the minor permit modification or group processing procedure
shall be submitted to the Agency prior to the date of implementation of the
proposed change consistent with Section 39.5(14) of the Act.
d) A written request for an administrative permit amendment of a
CAAPP permit shall be submitted to the Agency prior to the date of
implementation of the proposed change.
e) A construction permit may be incorporated into a CAAPP permit
through the administrative permit amendment procedures, pursuant to Section
39.5(13)(c)(v) of the Act, if procedural and compliance requirements
substantially equivalent to those for the issuance of CAAPP permits were met in
the issuance of the construction permit; otherwise, the construction permit
must be incorporated into the CAAPP permit through the significant modification
procedures.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.303 AGENCY DETERMINATION OF COMPLETENESS
Section 270.303 Agency
Determination of Completeness
a) In order for an initial or renewal CAAPP application or an
application for a significant modification to be deemed complete by the Agency,
the application shall provide all of the information required in Subparts C and
D of the Part applicable to the source for which the application is being
submitted.
b) 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 of receipt of the CAAPP
application, the application shall be deemed complete. (See Section
39.5(5)(f) of the Act)
c) Where an applicant is proposing in its CAAPP application that
an activity at the source be treated as an insignificant activity, the Agency
will make its completeness determination in accordance with subsection (a)
above. If the Agency requests any additional information regarding the
proposed insignificant activity, such information shall be provided in
accordance with Section 270.305 of this Part.
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SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.304 EFFECT OF A TIMELY AND COMPLETE APPLICATION SUBMITTAL
Section 270.304 Effect of a
Timely and Complete Application Submittal
a) An owner or operator of a CAAPP source shall not be in
violation of the requirement to have a CAAPP permit under Section 39.5 of the
Act if such owner or operator has submitted a timely and complete CAAPP
application, until the Agency takes final action on the CAAPP application
except as provided in subsection (b) below.
b) If the owner or operator of a CAAPP source fails to submit
additional information requested by the Agency by the reasonable deadline
specified pursuant to Section 270.305 of this Part, the owner or operator shall
lose the protection provided in subsection (a) above.
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SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.305 SUBSEQUENT AGENCY REQUEST FOR INFORMATION
Section 270.305 Subsequent
Agency Request for Information
a) The Agency may request additional information as needed to
make a 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. (See Section 39.5(5)(f) of
the Act)
b) If, while processing an application that has been determined
or deemed to be complete, the Agency determines that additional information is
necessary to evaluate or take final action on that application, it may request
such information in writing and set a reasonable deadline for response.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.306 SUBMITTAL OF NEW OR REVISED INFORMATION
Section 270.306 Submittal of
New or Revised Information
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. (See Section 39.5(5)(i) of the Act)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.307 AGENCY ACTION ON CAAPP APPLICATIONS
Section 270.307 Agency
Action on CAAPP Applications
a) In accordance with Section 39.5(10) of the Act, 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,
1) Permits for affected sources for acid deposition shall be
issued or denied within 6 months after receipt of a complete application in
accordance with Section 39.5(17) of the Act;
2) The Agency shall act on initial CAAPP applications within
24 months after the date of receipt of the complete CAAPP application; and
3) 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. (See Section
39.5(5)(j) of the Act)
b) Where the Agency does not take final action on the permit
within the required time period, the permit shall not be deemed issued; rather,
the failure to act shall be treated as a final permit action for purposes of
judicial review pursuant to Sections 40.2 and 41 of the Act. (See
Section 39.5(5)(j) of the Act)
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SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.308 REQUESTS FOR EXCLUSION FROM THE CAAPP DUE TO PERMANENT PHYSICAL CONSTRAINTS
Section 270.308 Requests for
Exclusion from the CAAPP Due to Permanent Physical Constraints
The owner operator of a CAAPP
source that has been issued a CAAPP permit and that has reduced its potential
to emit to a level below the major source threshold for each air pollutant
emitted at the source, as defined in Section 39.5(2) of the Act, may seek
exclusion from the CAAPP. The owner or operator of the source must request
this exclusion from the Agency and demonstrate that the source's potential to
emit has been reduced to a level below the major source threshold for each air
pollutant emitted due to permanent physical constraints.
SUBPART D: CONTENTS OF CAAPP APPLICATIONS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.401 GENERAL APPLICATION INFORMATION
Section 270.401 General
Application Information
a) An owner or operator of a CAAPP source shall submit to the
Agency four copies of a single complete CAAPP application covering all emission
units and air pollution control equipment at the source.
b) A CAAPP application shall contain a table of contents and a
list of items and activities for which a permit is being sought.
c) In accordance with Section 39.5(5)(c) of the Act, a CAAPP
application shall contain all information sufficient to evaluate the subject
source and its application, to determine all applicable requirements, including
establishing the basis for fees, and to evaluate compliance of the subject
source with these applicable requirements.
d) Information, as specified in Section 270.402 (excluding
Section 207.402(a)) through Section 270.405 of this Part, including data and
calculations for emissions of hazardous air pollutants listed in Section 112(b)
of the Clean Air Act, is not required to be submitted for insignificant
activities or emission levels at the source, as defined by applicable Board
regulations, provided a list of such activities or emission levels is submitted
in the application identifying the particular definition under which each
listed activity or emission level qualifies as significant and accompanied by a
certification that all listed activities and emission levels qualify as
insignificant, unless additional information is requested by the Agency.
e) A CAAPP application in which the owner or operator of a CAAPP
source is seeking an alternative emission limit to that contained in the
applicable Board regulations shall include a showing that the applicable Board
regulation and State Implementation Plan adopted by USEPA allow for such an
alternative emission limit to be set by the Agency in a permit and shall
demonstrate that the proposed limit is equivalent to the applicable Board
regulation.
f) A CAAPP application shall contain a certification by a
responsible official that, based on information and belief formed by the
responsible official after reasonable inquiry, the statements and information
in the application are true, accurate, and complete. This certification shall
be dated and signed by the responsible official.
g) An owner or operator of a CAAPP source which seeks
exclusion from the CAAPP through the imposition of federally enforceable
conditions, limiting the potential to emit of the source to a level below
the major source threshold as described in Section 39.5(2)(c) of the Act, must
request such exclusion within a CAAPP application submitted consistent with this
Part on or after the date that the CAAPP application for the source is
due. Prior to such date, but in no case later than nine months after the
effective date of the CAAPP, such owner or operator may request the
imposition of federally enforceable conditions pursuant to Section
39.5(1.1)(b) of the Act. (See Section 39.5(5)(u) of the Act)
h) Notwithstanding other provisions of this Subpart, once the
Agency has issued a general permit for a source category, the Agency may waive
the requirement for submittal of particular information in subsequent
applications for coverage under such general permit, provided that such
applications meet all requirements of Title V of the Clean Air Act and include
all information necessary to determine qualification for and to assure
compliance with the general permit.
(Note: To determine whether data and calculations for
emissions of hazardous air pollutants listed in Section 112(b) of the Clean Air
Act must be included in the CAAPP application, see 35 Ill. Adm. Code 201
Subpart F.)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.402 GENERAL SOURCE INFORMATION
Section 270.402 General
Source Information
Consistent with Section
270.401(d) of this Part a CAAPP application shall contain the following:
a) Source identifying information including company name and
address (or plant name and address if different from company name), owner's
name and agent, operator's name (if different from owner), and telephone number
and names of plant site manager/contact;
b) A process flow diagram that shows all emission units and air
pollution control equipment, and the relationship and connections between these
items at the source. If this information cannot be provided on a single
diagram, process flow diagrams for groups of related emission units or
individual departments at the source and a source overview diagram showing the
relationship and connections between the different groups or departments at the
source may be provided;
c) Identification and description of the source's processes and
products by Standard Industrial Classification Code including any associated
with each reasonably anticipated operating scenario for which a permit is being
sought, which may be described in terms of ranges of operating parameters;
d) A plot plan/map of the location of the source which shows the
location of buildings, stacks and vents. The plot/plan map must also depict
the area surrounding the source including structures such as residences,
hospitals, schools, nursing homes, commercial establishments, and manufacturing
sites within one-quarter mile of the source;
e) Upon request by the Agency, a source layout drawing showing
the basic geometric shape of each building or structure at the source which
contains an emission unit that is itself major and indicating each stack and
vent;
f) Limitations on source operations affecting emissions or any
work practice standards, where applicable, if different than those provided for
individual emission units pursuant to Section 270.403(l) of this Part;
g) Identification and description of each reasonably anticipated
operating scenario of processes at the source and the emission rates associated
with each such operating scenario;
h) A summary of all hazardous air pollutants listed in Section
112(b) of the Clean Air Act emitted at the source that includes a list of such
pollutants emitted and the maximum and typical emission rates in tons-per-year
and in such other terms as are necessary to establish the applicability of
requirements consistent with the applicable standard reference test methods;
i) An early reduction demonstration for hazardous air pollutants
if the owner or operator of the source is applying for an extension pursuant to
Section 112(i)(5) of the Clean Air Act;
j) The name and address of the party to be billed and the name
and telephone number of an individual capable of answering questions concerning
billing; and
k) Calculations used to determine all the emission rates as
required above if different than those provided for individual emission units
pursuant to Section 270.403(g) of this Part.
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SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.403 INFORMATION FOR INDIVIDUAL EMISSION UNITS
Section 270.403 Information
for Individual Emission Units
A CAAPP application shall
contain the following for each emission unit, for each mode of operation for
which a permit is being sought:
a) Identification and description of the emission unit and the
mode of operation for which a permit is being sought;
b) Citation and description of all applicable requirements,
including requirements that will become effective during the term of a permit
if such requirement has been promulgated at the time of permit application;
c) Description of the applicable test method relied upon for
determining compliance with each applicable requirement;
d) Identification and description of compliance monitoring
devices or activities, including recordkeeping and reporting activities to the
extent that they are air emissions related;
e) The maximum emission rates for each regulated air pollutant
and air pollutant for which the source is major in tons-per-year,
pounds-per-hour (unless emissions are not normally calculated in
pounds-per-hour) and in such other terms that are necessary to establish the
applicability of requirements and compliance with the applicable limitations
and standards, and consistent with the applicable standard reference test
methods. Estimates of typical emissions shall be included if different than
the above maximum emission rates in the same terms as the maximum emission
rates;
f) Allowable emissions in tons-per-year and in such other terms
as necessary to allow the determination of fees and to establish any associated
permit limits;
g) Calculations on which the emission rates required by
subsections (e) and (f) above are based;
h) To the extent they are related to air emissions, fuels and raw
materials used, maximum and typical fuel use, raw material use rates,
production rates and operating schedules, characteristics of fuels or raw
materials and material balance information and the calculations on which this
information is based;
i) To the extent that they are related to the determination of
air emissions or compliance with applicable requirements, identification and
description of air pollution control equipment and control methods and
information describing their effectiveness, including operating parameters or
pollutant reduction efficiencies during maximum and typical operation of
associated emission units, and the calculations on which the information is
based;
j) Identification and description of pollutant exhaust points,
including information required by applicable rules to demonstrate compliance;
k) Identification of any proposed exemptions from otherwise
applicable requirements, including any explanation and justification of the
applicability of such exemptions, with supporting calculations;
l) Limitations on unit operations affecting emissions or any
work practice standards, where applicable; and
m) Other information that is specifically required by any
applicable requirement.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.404 COMPLIANCE PLAN/SCHEDULE OF COMPLIANCE
Section 270.404 Compliance
Plan/Schedule of Compliance
A CAAPP application shall
contain a compliance plan/schedule of compliance for all emission units at the
source, regardless of the compliance status of each emission unit, that
contains the following:
a) A description of the compliance status of all emission units
at the source with respect to all applicable requirements as follows:
1) For applicable requirements with which the source is in
compliance at the time of application submittal, a statement that the source
will continue to comply with such requirements during the permit term;
2) For applicable requirements that will become effective during
the permit term, a statement that the source will achieve compliance with such
requirements on a timely basis and will continue to comply with such requirements
during the permit term;
3) For applicable requirements with which the source is not in
compliance at the time of application submittal but will be in compliance prior
to permit issuance, a statement that the source will achieve compliance prior
to permit issuance and will continue to comply with such requirements during
the permit term; and
4) For applicable requirements with which the source is not in
compliance at the time of application submittal and will not be in compliance
at the time of permit issuance, a narrative description of how the source will
achieve compliance with such requirements;
b) A compliance plan/schedule of compliance addendum for emission
units described in subsection (a)(4) above that includes a schedule of remedial
measures, including an enforceable sequence of actions with milestones, leading
to compliance with any such applicable requirements for which the source will
be in noncompliance at the time of application submittal. This compliance
plan/schedule of compliance addendum shall resemble and be at least as
stringent as that contained in any judicial consent decree or administrative
order to which the source is subject;
c) A schedule for submission of certified progress reports no
less frequently than every 6 months for sources required to have a compliance
plan/schedule of compliance to remedy a violation; and
d) For an effected source of acid rain deposition, the compliance
plan/schedule of compliance content requirements specified in this Section
shall apply to and be included in the compliance plan/schedule of compliance of
such source's Phase II acid rain permit, for an affected source for acid
deposition, except as specifically superseded by regulations promulgated under
Title IV of the Clean Air Act with regard to schedule and method(s) the source
will use to achieve compliance with the acid rain emissions limitations.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.405 COMPLIANCE CERTIFICATION
Section 270.405 Compliance
Certification
A CAAPP application shall
contain a compliance certification that contains the following:
a) A certification of compliance with all applicable requirements
except those identified, signed by a responsible official consistent with
Section 270.401(e) of this Part;
b) A statement of methods used for determining compliance,
including a description of monitoring, record keeping, and reporting
requirements and test methods;
c) A proposed schedule for submission of compliance
certifications during the permit term, to be submitted no less frequently than
annually, or more frequently if specified by the underlying applicable
requirement or by the Agency; and
d) A statement indicating the source's compliance status with all
applicable enhanced monitoring and compliance certification requirements of the
Clean Air Act.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.406 OPERATIONAL FLEXIBILITY
Section 270.406 Operational
Flexibility
If the owner or operator of a
CAAPP source desires a CAAPP permit which contains terms and conditions
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, then the application must contain such a request and include
proposed replicable procedure and permit terms (including reporting and record
keeping procedures) that can be placed in the permit to ensure that any
proposed emissions trades are quantifiable and enforceable.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.407 STARTUP
Section 270.407 Startup
A request to exceed the
standards or limitations of Subchapter c of Chapter I of the Board's Air
Pollution regulations (35 Ill. Adm. Code 212 et seq.) during startup of an
emission unit, if desired, must be contained in the CAAPP application and shall
include at a minimum a description of the startup procedure, the duration and
frequency of such startups, the types and quantities of emissions during
startup and the applicant's efforts to minimize any such startup emissions,
duration of individual startups and frequency of startups, and all calculations
used to determine the above information. In no event shall permission be given
to operate during startup where such startup would result in an exceedance of
the ambient air quality standard. The Agency may grant permission to operate
during startup in accordance with 35 Ill. Adm. Code 201.262.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.408 MALFUNCTION OR BREAKDOWN
Section 270.408 Malfunction
or Breakdown
A request to continue to operate
an emission unit in excess of the standards or limitations of Subchapter c of
Chapter I of the Board's Air Pollution regulations (35 Ill. Adm. Code 212 et
seq.) during a malfunction or breakdown of the emission unit or related air
pollution control equipment, if desired, must be contained in the CAAPP
application and shall include, at a minimum, a detailed explanation of why such
continued operation will be necessary; the nature of any anticipated
malfunction or breakdown; emission points and quantities of emissions which
will occur during such continued operation; the anticipated length of time
during which such operation will continue; all measures, such as use of
off-shift labor or equipment, which will be taken to minimize the quantity of
air contaminant emissions and length of time during which such operation will
continue; and the calculations used to determine the above information. The
Agency may grant permission to operate during a malfunction or breakdown in
accordance with 35 Ill. Adm. Code 201.262.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.409 CONFIDENTIAL INFORMATION
Section 270.409 Confidential
Information
If the applicant determines that
certain submitted information in the CAAPP application be held confidential,
the applicant shall mark and claim such information according to the Act and
applicable regulations.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.410 PERMIT SHIELD
Section 270.410 Permit
Shield
The owner or operator of a
CAAPP source seeking a permit shield in its CAAPP permit pursuant to
Section 39.5(7)(j) of the Act shall request such permit shield in the
CAAPP application regarding that source. See Section 39.5(5)(p) of the Act
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.411 ACCIDENTAL RELEASES
Section 270.411 Accidental
Releases
The owner or operator of a CAAPP
source shall certify in its CAAPP application, if applicable, that it has
registered its risk management plan pursuant to Section 112(r) of the Clean Air
Act or that it intends to comply with such requirement in accordance with its
compliance plan/schedule of compliance.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.412 MACT DETERMINATION
Section 270.412 MACT
Determination
The CAAPP application must
contain a proposed determination of maximum achievable control technology
(MACT) for hazardous air pollutants (HAPs) in accordance with Section 112 of
the Clean Air Act, if applicable.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.413 ACID RAIN
Section 270.413 Acid Rain
a) 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, in accordance with Section 39.5(17) of the Act. (See Section
39.5(17)(b) of the Act)
b) 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,
in accordance with Section 39.5(17) of the Act. (See Section 39.5(17)(e) of the
Act)
SUBPART E: REOPENINGS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.501 APPLICABILITY
Section 270.501
Applicability
The provisions of this Subpart
shall apply only if:
a) The Agency determines that cause exists to reopen and revise a
CAAPP permit, pursuant to Section 39.5(15)(a) of the Act; or
b) USEPA determines that cause exists to reopen and modify a
CAAPP permit, pursuant to Section 39.5(16) of the Act.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.502 PURPOSE
Section 270.502 Purpose
This Subpart specifies the
procedures for the reopening and revision of a CAAPP permit initiated by the
Agency or USEPA pursuant to Section 270.501 of this Part. These procedures
shall affect only those parts of a CAAPP permit for which cause to reopen exists.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.503 REOPENINGS INITIATED BY THE AGENCY
Section 270.503 Reopenings
Initiated by the Agency
a) The Agency shall reopen and revise a CAAPP permit for any of
the following reasons:
1) Additional requirements under the Clean Air Act become
applicable to a major CAAPP source for which three 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 (See Section 39.5(16)(a)(i) of
the Act)
2) Additional requirements (including excess emissions
requirements) become applicable to an affected source for acid deposition under
the acid rain program. Excess emissions offset plans shall be deemed to be
incorporated into the permit upon approval by USEPA (See Section
39.5(16)(a)(ii) of the Act);
3) 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
(See Section 39.5(16)(a)(iii) of the Act); or
4) The Agency or USEPA determines that the permit must be
revised or revoked to assure compliance with the applicable requirements
(See Section 39.5(16)(a)(iv) of the Act).
b) Notice to reopen
1) The Agency shall provide written notice to the owner or
operator of the CAAPP source of its intent to reopen a CAAPP permit at least 30
days prior to the date the permit is to be reopened, except that the Agency may
provide a shorter time period in the case of an emergency.
2) The notice shall include the grounds for the reopening and
revision, including the terms and conditions that the Agency proposes to change,
delete or add to the permit, and the information relied upon to make such
determination. If the Agency deems it necessary, the notice shall include a
request for the CAAPP source to update and resubmit those parts of the CAAPP
permit application subject to the reopening within a reasonable time frame.
c) Response
1) The CAAPP source may submit to the Agency a written response
to the notice to reopen and revise the CAAPP permit within 30 days after
receipt of the Agency's notice.
2) The response shall include the following, as applicable:
A) Details as to immediate plans for compliance with applicable
requirements, including a proposed compliance plan and schedule of compliance;
B) Any explanation of the source's current failure to comply with
applicable requirements;
C) An explanation for and correction of any inaccurate statements
made in the CAAPP application that were used to establish the emission
standards, limitations, or other terms or conditions in the CAAPP permit; and
D) An assessment of the Agency's proposed correction of any material
mistake found in the CAAPP permit.
3) If requested in the notice, the owner or operator of the CAAPP
source shall submit to the Agency, within a reasonable time frame specified in
the notice, a revised CAAPP application.
d) Draft permit or statement
1) Within 90 days after receipt of the source's response or
revised CAAPP application, whichever is later, the Agency shall prepare a draft
CAAPP permit and statement of basis in compliance with the requirements of
Section 39.5(8) of the Act and 35 Ill. Adm. Code 252 or a statement that the
CAAPP permit does not need to be reopened and revised.
2) The Agency shall include in the draft CAAPP permit such
conditions as the Agency determines are necessary to assure compliance with all
applicable requirements and correct any material mistakes or inaccurate
statements described in the notice.
3) The Agency may, to the extent practicable, provide the owner
or operator of the CAAPP source with a reasonable opportunity to review and
comment on the draft CAAPP permit prior to public notice.
4) The Agency shall give notice of the draft CAAPP permit to the
public, the owner or operator of the CAAPP source and affected states in
accordance with the requirements of Section 39.5(8) of the Act and 35 Ill. Adm.
Code 252.
e) The requirements of Section 39.5(9) of the Act and 35 Ill.
Adm. Code 252 regarding USEPA notice and objection shall apply to this Subpart.
f) The Agency shall reissue the CAAPP only if all the
requirements of Section 39.5(10) of the Act have been met.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.504 REOPENINGS INITIATED BY USEPA
Section 270.504 Reopenings
Initiated by USEPA
a) If USEPA notifies the Agency and permittee that cause exists
to modify a CAAPP permit, the Agency shall send to USEPA and the permittee a
proposed determination of modification, with supporting information explaining
the grounds for the proposed determination. The proposed determination
shall be in accordance with the record, the Clean Air Act, regulations
promulgated thereunder, the Act, and regulations promulgated
thereunder. Such proposed determination shall not affect the permit or
constitute a final permit action for purposes of the Act or the
Administrative Review Law [625 ILCS 32]. (See Section 39.5(16)(a) of the
Act)
b) The proposed determination and supporting information shall be
sent to USEPA and the permittee within 90 days after receipt of USEPA's
notification or 180 days if USEPA has extended the period for response.
c) If USEPA objects to the proposed determination within 90 days
after receipt, the Agency shall, within 90 days after receipt of such
objection, resolve the objection and modify the CAAPP permit in accordance with
USEPA's objection, based upon the record, the Clean Air Act, regulations
promulgated thereunder, the Act, and regulations promulgated thereunder.
d) If USEPA does not object to the proposed determination within
90 days after receipt, the Agency shall, within seven days after receipt of
USEPA's final approval or within seven days after expiration of the 90-day
period, whichever is earlier, take final action in accordance with the Agency's
proposed determination.
SUBPART F: FEES
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.601 PURPOSE
Section 270.601 Purpose
These rules specify the
procedures for the determination and collection of fees required by Section
39.5(18) of the Act.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.602 DEFINITIONS
Section 270.602 Definitions
The following terms are defined
for purposes of this Subpart.
"Active substitution unit" means an affected unit
for acid deposition that is designated as a Phase I unit in an approved
substitution plan pursuant to Section 404(c) of the Clean Air Act, excluding: a
unit under Section 410 of the Clean Air Act; a unit designated as a Phase I
unit in a reduced utilization plan, pursuant to Section 408(c)(1) of the Clean
Air Act; and a unit in a substitution plan that has been conditionally approved
or terminated.
"Regulated air pollutant" has the meaning given to
it under Section 39.5(1) of the Act but shall exclude:
1) Carbon monoxide;
2) Any Class I or Class II substance which is regulated solely
because it is listed pursuant to Section 602 of the Clean Air Act;
3) 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 bill is generated; and
4) During the years 1995 through 1999 inclusive, any emissions
from affected sources for acid deposition pursuant to Section 408(c)(4) of the
Clean Air Act, but not excluding emissions from any unit that is not either an
active substitution unit or an affected unit for acid deposition at the affected
source.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.603 AMOUNT OF FEE
Section 270.603 Amount of
Fee
a) For each 12-month period beginning after the date on which
USEPA approves or conditionally approves the CAAPP, but in no event prior to
January 1, 1994, an owner or operator of a source subject to the CAAPP or
excluded pursuant to Section 39.5(1.1) or 39.5(3)(c) of the Act shall pay a fee
in accordance with the following:
1) The fee for a source allowed to emit less than 100 tons per
year of any combination of regulated air pollutants shall be the dollar amount
set forth within Section 39.5(18) of the Act; and
2) The fee for a source allowed to emit 100 tons or more per year
of any combination of regulated air pollutants shall be the dollar per ton
amount set forth within Section 39.5(18) of the Act for each ton of allowable
emissions of regulated air pollutants at that source.
b) The amount of the fee shall be based on the allowable
emissions information submitted by the applicant in the fee calculation portion
of its CAAPP application, not including emissions of insignificant levels or
from insignificant activities, pursuant to 35 Ill. Adm. Code 201.
c) No owner or operator of a source shall be required to pay an
annual fee in excess of the maximum fee specified in Section 39.5(18) of the
Act.
d) Following the first year of the CAAPP, a fee in excess of
$5,000 may be paid annually or semiannually.
e) In the event that an owner or operator of a source has paid a
fee pursuant to Section 9.6 of the Act during the 12-month period that includes
the date on which the source's initial complete CAAPP application was received
by the Agency, the portion of the fee for the months remaining in the 12-month
period subsequent to the date the initial complete CAAPP application was
received shall be credited to the owner or operator of the source.
f) No owner or operator of a source shall be required to pay more
than a single dollar-per-ton fee during any billing period for any ton of
pollutant emitted (i.e., lead is a particulate (PM-10) and a separate criteria
pollutant but will only be subject to a single dollar-per-ton fee).
(Source: Amended at 43 Ill. Reg. 9963, effective August 27, 2019)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.604 BILLING PROCEDURES
Section 270.604 Billing
Procedures
a) The amount of the fee and the due date of payment shall be
included on a billing statement sent to the source.
b) The initial billing statement under this Subpart shall be sent
after the source's initial CAAPP application has been received by the Agency.
c) The date of subsequent billing statements under this Subpart
shall be based upon the date on which the source's initial complete CAAPP
application was received by the Agency.
d) The due date of payment shall be forty-five (45) days after
the billing date indicated on each billing statement or five (5) days after the
date the CAAPP application has been deemed or determined to be complete by the
Agency, whichever is later.
ADMINISTRATIVE CODE TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270 CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.605 PAYMENT PROCEDURES
Section 270.605 Payment
Procedures
a) Fee payment shall be made through the Illinois E-Pay System or
by check or money order payable to either the "Treasurer, State of
Illinois" or the "Illinois Environmental Protection Agency".
The check or money order shall be accompanied by the billing statement that
will include the source name and identification number assigned by the Bureau
of Air.
b) If paying by check or money order, payment shall be mailed to:
Illinois
Environmental Protection Agency
Fiscal
Services Section
2520 W. Iles
Ave.
P.O. Box 19276
Springfield,
Illinois 62794-9276
c) Payment shall not include any fees, penalties or other monies
due to the Agency for any purposes other than payment of the fee required under
this Subpart.
d) Fees shall be paid no later than 45 days after the billing
date indicated on the billing statement.
e) An owner or operator of a source shall remain liable for
payment of the fee specified in the billing statement for the source unless a
written request for withdrawal of the permit for the source is submitted in
writing to the Agency prior to the payment due date indicated on the billing
statement.
(Source: Amended at 49 Ill. Reg. 12946, effective September 29, 2025)
|
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.606 REFUND AND UNDERPAYMENT OF FEES
Section 270.606 Refund and
Underpayment of Fees
a) A fee remitted to the Agency under this Subpart shall not be
refunded in whole or part unless the amount paid is in excess of the amount
billed or the amount billed is determined to be incorrect.
b) An owner or operator of a source entitled to a refund under
subsection (a) above must request such refund in writing; otherwise, the amount
that was overpaid incorrectly shall be credited against future fees for which
the source will be billed under this Subpart.
c) If the owner or operator of a source submits to the Agency an
amount less that the amount due pursuant to Section 39.5(18) of the Act and
this Subpart due to an error in the source's calculation of allowable emissions
or an error in the Agency's calculation of fees, the owner or operator shall submit
the difference between the amount paid and the amount due in accordance with
subsections (1) or (2) below.
1) If a source discovers that its calculation of allowable
emissions was incorrect, it shall promptly submit to the Agency the correct
information and the amount of underpayment.
2) If the Agency discovers that it has incorrectly billed the
source, the Agency shall promptly notify the owner or operator of the CAAPP
source. The Agency must notify the owner or operator of the incorrect billing
during the term of the permit. The owner or operator of the CAAPP source shall
submit the amount of underpayment within 45 days after receipt of the notice.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.607 REQUESTS FOR RECONSIDERATION OF FEE AMOUNT
Section 270.607 Requests for
Reconsideration of Fee Amount
a) Requests for reconsideration of the fee amount indicated on a
source's billing statement shall be submitted in writing no later than 30 days
after issuance of the billing statement.
b) Requests for reconsideration shall include all pertinent facts
and arguments in support thereof. Such requests shall be addressed to:
Illinois Environmental Protection Agency
Bureau of Air, Program and Budget Officer
P.O. Box 19276
Springfield, Illinois 62794-9276
c) The submittal of a written request for reconsideration of the
billed fee amount shall automatically stay the due date of payment to a date
thirty (30) days subsequent to final Agency action on the request for
reconsideration.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.608 AGENCY RESPONSE TO REQUESTS FOR RECONSIDERATION
Section 270.608 Agency
Response to Requests for Reconsideration
The Agency shall respond in
writing to requests for reconsideration of the billed fee amount within 30 days
after receipt of the request. Such written response shall constitute final
Agency action on the request for reconsideration.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 270
CLEAN AIR ACT PERMIT PROGRAM PROCEDURES
SECTION 270.609 APPEAL OF AGENCY RESPONSE
Section 270.609 Appeal of
Agency Response
Final Agency action on a request
for reconsideration may be appealed by the owner or operator of a source
pursuant to applicable Board regulations.
AUTHORITY: Implementing and authorized by Section 39.5 of the Environmental Protection Act (See P.A. 87-1213, effective September 26, 1992, and P.A. 88-464, effective August 20, 1993) [415 ILCS 5/39.5].
SOURCE: Adopted at 18 Ill. Reg. 9425, effective June 14, 1994; emergency amendment at 19 Ill. Reg. 7976, effective June 7, 1995, for a maximum of 150 days; emergency expired November 6, 1995; amended at 43 Ill. Reg. 9963, effective August 27, 2019; amended at 49 Ill. Reg. 12946, effective September 29, 2025.
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