John Kim, Illinois EPA, Permit Streamlining and Innovation, Midwest Environmental Compliance Conference, Chicago, October 29-30, 2015

1. Permit Streamlining
and Innovation
Changes and enhancements to the
permitting and regulatory processes of the
Illinois Environmental Protection Agency
Midwest Environmental Compliance Conference
Chicago, Illinois
October 29, 2015
Presenter – John J. Kim, Chief Legal Counsel
Illinois EPA

2. Mission of the Illinois EPA
• Safeguard environmental quality consistent
with the social and economic needs of the
State to protect health, welfare, property and
quality of life
• Means of accomplishing mission
-- Permits
-- Enforcement
-- Regulatory development
-- Policy/programs

3. Permit Streamlining Bill
• In 2011, Illinois EPA approached the
regulated community to discuss possible
changes to the air permitting processes
• Fee revisions, permit process
enhancements
• HB 1297/P.A. 97-0095, signed July 12,
2011

4. Permit Streamlining Bill
Purpose of bill:
• Simplify and speed up permit review
process
• Help Illinois companies to
hire/invest/produce more
• Reduce permit burden on Illinois’
businesses

5. Permit Streamlining Bill
• Expedited Permits
• Registration of Smaller Sources
(ROSS)
• Web Portal
• General Permits/Permits by Rule

6. Expedited Permits
• Allows for better planning by permit applicant
• Does not adversely affect any other permit
applicants in the queue
• Any permit applicant can request expedited
review of permit application
• Illinois EPA must respond in reasonable time if
expedited review is appropriate

7. Expedited Permits
• Expedited fee is four times standard permit fee
plus standard permit fee
• Fees refunded on pro rata basis if expedited
schedule not met
• Contract entered into between Illinois EPA and
permit applicant
• 2013: 3 agreements executed
• 2014: 33 agreements executed
• 2015: 40 agreements executed to date

8. ROSS Program
• Addresses problem of large number of sources which
have relatively small emissions
• Eases administrative burden on both regulated
entities and Illinois EPA
• Allows Illinois EPA time to be spent on more complex
permit transactions
• Illinois has over 6,000 permitted air emission
facilities, of which over 3,000 sources contribute less
than 1% of air pollution in Illinois

9. ROSS Program
Smaller sources will not be required to:
• Apply for air construction or annual operating
permits
• Wait for Illinois EPA review/issuance of an air
permit before commencement of construction
• Pay both air construction permit application and
air operating permit fees
• Submit Annual Emission Reports

10. ROSS Program
ROSS Program eligibility criteria:
• Not required to obtain Title V or Clean Air Act
Permit Program (CAAPP) permit
• Not required to obtain Federally Enforceable
State Operating Permit (FESOP)
• Not required to obtain permit pursuant to New
Source Performance Standards (NSPS) or
National Emission Standards for Hazardous Air
Pollution (NESHAP) or by USEPA
• Not subject to local siting review

11. ROSS Program
ROSS Program eligibility criteria:
• Actual emissions are less than following limits:
-- 5 tons/yr of combined pollutants (PM, CO, NOx, SO2, VOM)
-- 0.5 tons/yr of combined Hazardous Air Pollutants (HAPs)
-- 0.05 tons/yr of mercury air emissions
-- 0.05 tons/yr of lead air emissions
• If a new source, sum of anticipated estimated actual annual
emissions from all non-exempt emissions units associated
with source must meet above limits
• Emission units at source not used as thermal desorption
systems or as an incinerator system
• Not subject to maximum achievable control technology
(MACT) under 40 CFR Part 61 or the NESHAP under 40 CFR
Part 63 (unless categorized as an area source)

12. ROSS Program
• ROSS sources must keep certain records
• If a source has an existing state lifetime
operating permit but qualifies for the ROSS
Program, the permit will be kept on file
-- The lifetime permit terms do not need to be
complied with while the source is in the ROSS
Program
-- If the source’s operations change so it is no longer
eligible for the ROSS Program, the lifetime permit
will be put back into effect unless other changes
warrant further permit action

13. ROSS Program
• Annual registration fee is $235 to be paid
timely
• Payment of annual fee serves as
owner/operator’s verification that source
continues to meet eligibility criteria
• Online registration and fee payment is
available
• To date, 3,143 sources have been admitted
• Approximately 1,000 other sources are
potential candidates

14. Web Portal
• Illinois EPA required to develop web resources to
enhance application review and promote timely
issuance of permits
• Online fact sheets, guidance documents, and
application templates aid both applicants and Illinois
EPA staff
-- All Bureaus have permitting pages providing guidance and
applications
-- Forms may be filled out online then printed and submitted
(electronic submission in the works)

15. Web Portal
• Online permit tracking assists permit applicants and
the general public, reduces Illinois EPA staff time
• Agency Facility Inventory and Information Search
System (AFIIS)
• Allows for searches by different information fields
(ID #s, names, locations)
• Results include tracking information (ID #s), permit
type, permit status, permittee contact information,
Illinois EPA staff contact

16. Innovations
• Workforce/workpractice review and improvements in
Bureau of Air yielded positive results
• Extensive internal efforts resulted in greater efficiencies
• In 2011, Illinois had a large backlog of Title V/CAAPP
permit applications
• By mid 2015, backlog had been cut in half
• By end of 2016, backlog should be cleared
• For comparison, from CY13 to CY14, number of CAAPP
permits issued increased by over 300%

17. Innovations
• Illinois EPA has worked closely with interested permit
applicants early in application development process
• This relationship is especially effective and beneficial
with permits (Prevention of Significant Deterioration
(PSD)) subject to third-party appeal
• Process helped create very defensible and
comprehensive permits/records that have avoided
appeals that draw resources from all parties

18. Innovations
• Illinois EPA has proposed rule changes that will remove
construction permit requirements for certain activities
regulated by its Bureau of Water (i.e., construction of
cooling towers, oil/water separators, or pH facilities)
• The proposal also includes the ability for Illinois EPA to
issue lifetime operating permits for sewers and
pretreatment works rather than operating permits
requiring periodic renewal
• Approach warranted given rare changes in operation and
easing of permitting burdens for entities and Illinois EPA

19. Questions
John J. Kim
Chief Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue, East
P. O. Box 19276
Springfield, IL 62794-9276
(217) 782-5544
john.j.kim@illinois.gov