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90_SB1658
415 ILCS 5/9.3 from Ch. 111 1/2, par. 1009.3
Amends the Environmental Protection Act. Makes technical
changes in a Section concerning alternative control
technologies.
LRB9010211LDdv
LRB9010211LDdv
1 AN ACT to amend the Environmental Protection Act by
2 changing Section 9.3.
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 9.3 as follows:
7 (415 ILCS 5/9.3) (from Ch. 111 1/2, par. 1009.3)
8 Sec. 9.3. (a) The General Assembly finds that control
9 strategies, including emission limitations, alternative but
10 environmentally equivalent to those required by Board rules
11 and regulations or the terms of this Act, can assure
12 equivalent protection of the environment and that the use of
13 such alternative control strategies can encourage
14 technological innovation, reduce the likelihood of shutdown
15 of older sources, and can result in decreased costs of
16 compliance and increased availability of resources for use in
17 productive capital investments.
18 (b) Within 120 days after the effective date of this
19 amendatory Act of 1981, the Board shall adopt interim rules
20 pursuant to the Illinois Administrative Procedure Act for the
21 standards of issuance of permits to sources under Section
22 39.1, provided, that processing of permits under Section 39.1
23 is of vital benefit to the State, and may proceed immediately
24 upon the effective date of this amendatory Act of 1981. Such
25 interim rules shall be in effect until the effective date of
26 Board rules and regulations promulgated pursuant to
27 subsection (c), below.
28 (c) On or before December 31, 1982, the Board shall
29 adopt rules and regulations establishing a permit program
30 pursuant to Section 39.1 in accordance with Title VII of this
31 Act.
-2- LRB9010211LDdv
1 (d) Board rules pursuant to this Section 9.3 shall set
2 forth reasonable requirements for issuance of an alternative
3 control strategy permit, provided that the Board may not
4 impose any condition or requirement more stringent than
5 required by the Clean Air Act or for compliance with this Act
6 or other Board rules and regulations thereunder. The Agency
7 shall promptly adopt any necessary procedures for the
8 administration of such permit programs. The burden of
9 establishing that any procedure, condition, or requirement
10 imposed by the Agency in or for the issuance of a permit is
11 more stringent than required by applicable law shall be upon
12 the permit applicant.
13 (Source: P.A. 88-45.)