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90_SB1241
415 ILCS 5/9.1 from Ch. 111 1/2, par. 1009.1
Amends the Environmental Protection Act. Makes technical
changes in the Section concerning State and federal
cooperation in the field of air pollution control.
LRB9008454LDdv
LRB9008454LDdv
1 AN ACT to amend the Environmental Protection Act by
2 changing Section 9.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended
6 by changing Section 9.1 as follows:
7 (415 ILCS 5/9.1) (from Ch. 111 1/2, par. 1009.1)
8 Sec. 9.1. (a) The General Assembly finds that the federal
9 Clean Air Act, as amended, and regulations adopted pursuant
10 thereto establish complex and detailed provisions for
11 State-federal cooperation in the field of air pollution
12 control, provide for a Prevention of Significant
13 Deterioration program to regulate the issuance of
14 preconstruction permits to insure that economic growth will
15 occur in a manner consistent with the preservation of
16 existing clean air resources, and also provide for plan
17 requirements for nonattainment areas to regulate the
18 construction, modification, and operation of sources of air
19 pollution to insure that economic growth will occur in a
20 manner consistent with the goal of achieving the national
21 ambient air quality standards, and that the General Assembly
22 cannot conveniently or advantageously set forth in this Act
23 all the requirements of the such federal Act or all
24 regulations that which may be established thereunder.
25 It is the purpose of this Section to avoid the existence
26 of duplicative, overlapping, or conflicting State and federal
27 regulatory systems.
28 (b) The provisions of Section 111 of the federal Clean
29 Air Act (42 USC 7411), as amended, relating to standards of
30 performance for new stationary sources, and Section 112 of
31 the federal Clean Air Act (42 USC 7412), as amended, relating
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1 to the establishment of national emission standards for
2 hazardous air pollutants are applicable in this State and are
3 enforceable under this Act. Any such enforcement shall be
4 stayed consistent with any stay granted in any federal
5 judicial action to review such standards. Enforcement shall
6 be consistent with the results of any such judicial review.
7 (c) The Board may adopt regulations establishing permit
8 programs meeting the requirements of Sections 165 and 173 of
9 the Clean Air Act (42 USC 7475 and 42 USC 7503) as amended.
10 The Agency may adopt procedures for the administration of
11 such programs.
12 (d) No person shall:
13 (1) violate any provisions of Sections 111, 112,
14 165, or 173 of the Clean Air Act, as now or hereafter
15 amended, or federal regulations adopted pursuant thereto;
16 or
17 (2) construct, install, modify, or operate any
18 equipment, building, facility, source, or installation
19 that which is subject to regulation under Sections 111,
20 112, 165 or 173 of the Clean Air Act, as now or
21 hereafter amended, except in compliance with the
22 requirements of those such Sections and federal
23 regulations adopted pursuant thereto, and no such action
24 shall be undertaken without a permit granted by the
25 Agency or in violation of any conditions imposed by such
26 permit. Any denial of such a permit or any conditions
27 imposed in such a permit shall be reviewable by the Board
28 in accordance with Section 40 of this Act.
29 (e) The Board shall exempt from regulation under the
30 State Implementation Plan for ozone the volatile organic
31 compounds which have been determined by the U.S.
32 Environmental Protection Agency to be exempt from regulation
33 under state implementation plans for ozone due to negligible
34 photochemical reactivity. In accordance with subsection (b)
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1 of Section 7.2, the Board shall adopt regulations identical
2 in substance to the U.S. Environmental Protection Agency
3 exemptions or deletion of exemptions published in policy
4 statements on the control of volatile organic compounds in
5 the Federal Register by amending the list of exemptions to
6 the Board's definition of volatile organic material found at
7 35 Ill. Adm. Code Part 211. The provisions and requirements
8 of Title VII of this Act shall not apply to regulations
9 adopted under this subsection. Section 5-35 of the Illinois
10 Administrative Procedure Act, relating to procedures for
11 rulemaking, does not apply to regulations adopted under this
12 subsection. However, the Board shall provide for notice, a
13 hearing if required by the U.S. Environmental Protection
14 Agency, and public comment before adopted rules are filed
15 with the Secretary of State. The Board may consolidate into a
16 single rulemaking under this subsection all such federal
17 policy statements published in the Federal Register within a
18 period of time not to exceed 6 months.
19 (f) If a complete application for a permit renewal is
20 submitted to the Agency at least 90 days prior to expiration
21 of the permit, all of the terms and conditions of the permit
22 shall remain in effect until final administrative action has
23 been taken on the application.
24 (Source: P.A. 87-555; 87-1213; 88-45.)