The basic framework for the expedited review of permit applications is set forth in Section 39.14 of the Illinois Environmental Protection Act. An expedited review is defined as:
"The Agency taking action on a permit application within a period of time mutually agreed upon by the Agency and the applicant."
Basic Steps of Expedited Review Agreements
The expedited permitting process:
The permit applicant submits a permit application with the standard permit fee to the Illinois EPA. Depending on the type of permit, the application will either go to the Bureau of Air, Water, or Land. In the cover sheet for the application, the applicant should note it request that the Illinois EPA process the application using the expedited review process.
The Illinois EPA will determine if the permit can be expedited.
If the permit can be expedited, the Illinois EPA will work with the permit applicant to determine an agreeable timeframe for the expedited review.
A formal agreement for the expedited review, which reflects the agreed to deadlines, will be provided to the permit applicant for signature.
The permit applicant must return the signed agreement with full payment of the expedited permit fee prior to any Agency review.
Upon execution of the agreement by the Illinois EPA Director the agreement takes effect and the Illinois EPA will begin its review of the application.
All expedited review of a permit application is performed during overtime (OT) or 'offset' by OT, as expedited reviews are not to interfere with the Agency's 'normal' workload.
The timeframe for an expedited review is agreed to by the Agency and the applicant. Agreements provide for tolling of the expedited review deadline when the Illinois EPA is waiting for applicants to provide any updated application material and comments on draft permits. Tolling time is also provided by the signed agreement if a public comment period or public hearing is needed. Agreements establish a framework for a prorated refund of the expedited permit fee if the Illinois EPA does not meet the mutually agreed upon deadline.
Expedited Review Permitting Fees
A permit applicant requesting expedited review must pay an expedited permit fee equal to four times the standard application fee, not to exceed $100,000. All such expedited permit fees are in addition to the required standard application fees. If a permit fee is a recurring fee, such as an annual fees, operating fee, or discharge fee, the fee for the expedited review is 45 times the recurring fee. If a permit does not have a permit application fee or a recurring permit fee, the expedited review fee will be agreed upon by the Illinois EPA and the permit applicant in the expedited review agreement.