Section 204.930  Redesignation

a)         As of September 4, 2020, all areas of the State (except as otherwise provided by Section 204.920) are designated Class II as of December 5, 1974.  Redesignation (except as otherwise precluded by Section 204.920) may be proposed by the State or Indian Governing Bodies under this Section, subject to approval by USEPA as a revision to the applicable SIP.

b)         The State may submit to USEPA a proposal to redesignate areas of the State Class I or Class II provided that:

1)         At least one public hearing has been held in accordance with 35 Ill. Adm. Code 252;

2)         Other states, Indian Governing Bodies, and Federal Land Managers whose lands may be affected by the proposed redesignation were notified at least 30 days prior to the public hearing;

3)         A discussion of the reasons for the proposed redesignation, including a satisfactory description and analysis of the health, environmental, economic, social, and energy effects of the proposed redesignation, was prepared and made available for public inspection at least 30 days prior to the hearing and the notice announcing the hearing contained appropriate notification of the availability of such discussion;

4)         Prior to the issuance of notice respecting the redesignation of an area that includes any federal lands, the State has provided written notice to the appropriate Federal Land Manager and afforded adequate opportunity (not in excess of 60 days) to confer with the State respecting the redesignation and to submit written comments and recommendations.  In redesignating any area with respect to which any Federal Land Manager had submitted written comments and recommendations, the State shall have published a list of any inconsistency between such redesignation and such comments and recommendations (together with the reasons for making such redesignation against the recommendation of the Federal Land Manager); and

5)         The State has proposed the redesignation after consultation with the elected leadership of local and other substate general purpose governments in the area covered by the proposed redesignation.

c)         Any area other than an area to which Section 204.920 refers may be redesignated as Class III if:

1)         The redesignation would meet the requirements of subsection (b);

2)         The redesignation, except any established by an Indian Governing Body, has been specifically approved by the Governor of Illinois:

A)        After consultation with the appropriate committees of the legislature, if it is in session, or with the leadership of the legislature, if it is not in session (unless State law provides that the redesignation must be specifically approved by State legislation); and

B)        If general purpose units of local government representing a majority of the residents of the area to be redesignated enact legislation or pass resolutions concurring in the redesignation;

3)         The redesignation would not cause, or contribute to, a concentration of any air pollutant that would exceed any maximum allowable increase permitted under the classification of any other area or any NAAQS; and

4)         Any permit application for any major stationary source or major modification, subject to review under Section 204.1120, that could receive a permit under this Section only if the area in question were redesignated as Class III, and any material submitted as part of that application, were available, insofar as was practicable for public inspection prior to any public hearing on redesignation of the area as Class III.

d)         Lands within the exterior boundaries of Indian Reservations may be redesignated only by the appropriate Indian Governing Body.  The appropriate Indian Governing Body may submit to USEPA a proposal to redesignate areas Class I, Class II, or Class III, provided that:

1)         The Indian Governing Body has followed procedures equivalent to those required of a state under subsections (b), (c)(3), and (c)(4); and

2)         Such redesignation is proposed after consultation with the State(s) in which the Indian Reservation is located and that border the Indian Reservation.

e)         USEPA shall disapprove, within 90 days after submission, a proposed redesignation of any area only if it finds, after notice and opportunity for public hearing, that such redesignation does not meet the procedural requirements or is inconsistent with Section 204.920.  If any such disapproval occurs, the classification of the area shall be that which was in effect prior to the redesignation which was disapproved.

f)         If USEPA disapproves any proposed redesignation, the State or Indian Governing Body, as appropriate, may resubmit the proposal after correcting the deficiencies noted by USEPA.