415 ILCS 5/39.1
2021 Illinois Compiled Statutes|Chapter 415 - ENVIRONMENTAL SAFETY|415 ILCS 5/ - Environmental Protection Act.|Title X - Permits

 (from Ch. 111 1/2, par. 1039.1)Sec. 39.1.         (a) In addition to such other procedures as may be available,  owners or operators of emission sources individually or collectively, may  apply for and obtain from the Agency permits under this Section authorizing  the construction and operation, or both, of a source or sources by use of  emission control strategies alternative but environmentally equivalent to  emission limitations required of such sources by Board regulations or by  the terms of this Act.The Agency shall issue such a permit or permits upon a finding that: 1)  the alternative control strategy in the permit provides for attainment in  the aggregate, with respect to each regulated contaminant, of equivalent  or less total emissions than would otherwise be required by Board regulations  for the sources subject to such permit; and 2) that air quality will otherwise  be maintained consistent with Board regulations.(b) The Agency shall receive and process applications pursuant to subsection  (a) of Section 39.  The Agency may impose such permit conditions as are  necessary and reasonable to assure enforceability of the permit and continuing  compliance of the subject sources in the event of a change in  ownership or operation of the subject sources.(c) At least 30 days prior to the issuance of such a permit, the Agency  shall give notice of the receipt of the permit application and the Agency's  proposed decision in a newspaper of general circulation in the county or  counties where any source to be covered by such permit is located and shall  make all documents in its record available for public inspection in accordance  with and to the extent provided by Sections 7 and 7.1.  The Agency shall  give such further notice and opportunity for public comment, if any, as  is required by the Clean Air Act, for the specific permit application.(d) The Agency shall, after conferring with the applicant, give detailed  written notice to the applicant of the Agency's proposed decision on the  application, including the terms and conditions of the permit to be issued  and the facts, legal citation, conduct or other basis upon which the Agency  will rely to support its proposed action.  Following such notice, the Agency  shall give the applicant a reasonable opportunity for a hearing in accordance  with procedures adopted by the Agency.(e) The Agency shall act promptly upon permit applications pursuant to  this Section.  If the Agency fails to take final action within 180 days  of receipt of a complete application, or if the application was amended,  within 180 days of receipt of the last amended application, the applicant may  deem the application approved as applied for or, if amended, as last amended.(f) At the request of the applicant, permits approved pursuant to this  Section shall be submitted by the Agency to the U.S. Environmental Protection  Agency as revisions to the State Implementation Plan required by Section  110 of the Clean Air Act if and when necessary to comply with the Clean  Air Act.  The permit applicant shall be responsible for providing any  information required by the U.S. Environmental Protection Agency to justify  federal approval of a State Implementation Plan, except the Agency shall be  responsible for provision of information acquired during its review and for  provision of any record of the public hearing when applicable.(g) Disapproval of a permit or approval thereof with conditions shall  be subject to review by the Board pursuant to subsection (a) of Section  40, upon timely petition of the applicant.(h) Except as expressly required by Section 9.3 (c), economic impact  analysis, including the study of economic impact provided for in Section  27, shall not be required with respect to action under this Section, nor  shall any source issued a permit hereunder be subject to the emission  limitations of Board regulations, other than the limitations contained in  the permit issued for such source hereunder.    (Source: P.A. 82-540.)