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91_HB0093
LRB9100679ACsb
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. State and federal cooperation; regulations;
9 permit.
10 (a) The General Assembly finds that the federal Clean
11 Air Act, as amended, and regulations adopted pursuant thereto
12 establish complex and detailed provisions for State-federal
13 cooperation in the field of air pollution control, provide
14 for a Prevention of Significant Deterioration program to
15 regulate the issuance of preconstruction permits to insure
16 that economic growth will occur in a manner consistent with
17 the preservation of existing clean air resources, and also
18 provide for plan requirements for nonattainment areas to
19 regulate the construction, modification, and operation of
20 sources of air pollution to insure that economic growth will
21 occur in a manner consistent with the goal of achieving the
22 national ambient air quality standards, and that the General
23 Assembly cannot conveniently or advantageously set forth in
24 this Act all the requirements of such federal Act or all
25 regulations which may be established thereunder.
26 It is the purpose of this Section to avoid the existence
27 of duplicative, overlapping or conflicting State and federal
28 regulatory systems.
29 (b) The provisions of Section 111 of the federal Clean
30 Air Act (42 USC 7411), as amended, relating to standards of
31 performance for new stationary sources, and Section 112 of
-2- LRB9100679ACsb
1 the federal Clean Air Act (42 USC 7412), as amended, relating
2 to the establishment of national emission standards for
3 hazardous air pollutants are applicable in this State and are
4 enforceable under this Act. Any such enforcement shall be
5 stayed consistent with any stay granted in any federal
6 judicial action to review such standards. Enforcement shall
7 be consistent with the results of any such judicial review.
8 (c) The Board may adopt regulations establishing permit
9 programs meeting the requirements of Sections 165 and 173 of
10 the Clean Air Act (42 USC 7475 and 42 USC 7503) as amended.
11 The Agency may adopt procedures for the administration of
12 such programs.
13 (d) No person shall:
14 (1) violate any provisions of Sections 111, 112,
15 165 or 173 of the Clean Air Act, as now or hereafter
16 amended, or federal regulations adopted pursuant thereto;
17 or
18 (2) construct, install, modify or operate any
19 equipment, building, facility, source or installation
20 which is subject to regulation under Sections 111, 112,
21 165 or 173 of the Clean Air Act, as now or hereafter
22 amended, except in compliance with the requirements of
23 such Sections and federal regulations adopted pursuant
24 thereto, and no such action shall be undertaken without a
25 permit granted by the Agency or in violation of any
26 conditions imposed by such permit. Any denial of such a
27 permit or any conditions imposed in such a permit shall
28 be reviewable by the Board in accordance with Section 40
29 of this Act.
30 (e) The Board shall exempt from regulation under the
31 State Implementation Plan for ozone the volatile organic
32 compounds which have been determined by the U.S.
33 Environmental Protection Agency to be exempt from regulation
34 under state implementation plans for ozone due to negligible
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1 photochemical reactivity. In accordance with subsection (b)
2 of Section 7.2, the Board shall adopt regulations identical
3 in substance to the U.S. Environmental Protection Agency
4 exemptions or deletion of exemptions published in policy
5 statements on the control of volatile organic compounds in
6 the Federal Register by amending the list of exemptions to
7 the Board's definition of volatile organic material found at
8 35 Ill. Adm. Code Part 211. The provisions and requirements
9 of Title VII of this Act shall not apply to regulations
10 adopted under this subsection. Section 5-35 of the Illinois
11 Administrative Procedure Act, relating to procedures for
12 rulemaking, does not apply to regulations adopted under this
13 subsection. However, the Board shall provide for notice, a
14 hearing if required by the U.S. Environmental Protection
15 Agency, and public comment before adopted rules are filed
16 with the Secretary of State. The Board may consolidate into a
17 single rulemaking under this subsection all such federal
18 policy statements published in the Federal Register within a
19 period of time not to exceed 6 months.
20 (f) If a complete application for a permit renewal is
21 submitted to the Agency at least 90 days prior to expiration
22 of the permit, all of the terms and conditions of the permit
23 shall remain in effect until final administrative action has
24 been taken on the application.
25 (Source: P.A. 87-555; 87-1213; 88-45.)