Illinois General Assembly - Full Text of SB1672
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Full Text of SB1672  99th General Assembly




State of Illinois
2015 and 2016


Introduced 2/20/2015, by Sen. Sue Rezin


415 ILCS 5/9.1  from Ch. 111 1/2, par. 1009.1

    Amends the Environmental Protection Act. Provides that the Pollution Control Board shall adopt rules establishing permit programs meeting specified requirements. Provides that the permit programs shall satisfy the requirements of, and may not impose restrictions greater than, the provisions of specified federal regulations.

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SB1672LRB099 09565 MGM 29774 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Environmental Protection Act is amended by
5changing Section 9.1 as follows:
6    (415 ILCS 5/9.1)  (from Ch. 111 1/2, par. 1009.1)
7    Sec. 9.1. (a) The General Assembly finds that the federal
8Clean Air Act, as amended, and regulations adopted pursuant
9thereto establish complex and detailed provisions for
10State-federal cooperation in the field of air pollution
11control, provide for a Prevention of Significant Deterioration
12program to regulate the issuance of preconstruction permits to
13insure that economic growth will occur in a manner consistent
14with the preservation of existing clean air resources, and also
15provide for plan requirements for nonattainment areas to
16regulate the construction, modification and operation of
17sources of air pollution to insure that economic growth will
18occur in a manner consistent with the goal of achieving the
19national ambient air quality standards, and that the General
20Assembly cannot conveniently or advantageously set forth in
21this Act all the requirements of such federal Act or all
22regulations which may be established thereunder.
23    It is the purpose of this Section to avoid the existence of



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1duplicative, overlapping or conflicting State and federal
2regulatory systems.
3    (b) The provisions of Section 111 of the federal Clean Air
4Act (42 USC 7411), as amended, relating to standards of
5performance for new stationary sources, and Section 112 of the
6federal Clean Air Act (42 USC 7412), as amended, relating to
7the establishment of national emission standards for hazardous
8air pollutants are applicable in this State and are enforceable
9under this Act. Any such enforcement shall be stayed consistent
10with any stay granted in any federal judicial action to review
11such standards. Enforcement shall be consistent with the
12results of any such judicial review.
13    (c) The Board shall may adopt regulations establishing
14permit programs meeting the requirements of Sections 165 and
15173 of the Clean Air Act (42 USC 7475 and 42 USC 7503) as
16amended. Such permit programs shall satisfy the requirements
17of, and may not impose restrictions greater than, the
18provisions of 40 C.F.R. 51.165 and 51.166, as now or hereafter
19amended. The Agency may adopt procedures for the administration
20of such programs.
21    (d) No person shall:
22        (1) violate any provisions of Sections 111, 112, 165 or
23    173 of the Clean Air Act, as now or hereafter amended, or
24    federal regulations adopted pursuant thereto; or
25        (2) construct, install, modify or operate any
26    equipment, building, facility, source or installation



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1    which is subject to regulation under Sections 111, 112, 165
2    or 173 of the Clean Air Act, as now or hereafter amended,
3    except in compliance with the requirements of such Sections
4    and federal regulations adopted pursuant thereto, and no
5    such action shall be undertaken (A) without a permit
6    granted by the Agency whenever a permit is required
7    pursuant to (i) this Act or Board regulations or (ii)
8    Section 111, 112, 165, or 173 of the Clean Air Act or
9    federal regulations adopted pursuant thereto or (B) in
10    violation of any conditions imposed by such permit. Any
11    denial of such a permit or any conditions imposed in such a
12    permit shall be reviewable by the Board in accordance with
13    Section 40 of this Act.
14    (e) The Board shall exempt from regulation under the State
15Implementation Plan for ozone the volatile organic compounds
16which have been determined by the U.S. Environmental Protection
17Agency to be exempt from regulation under state implementation
18plans for ozone due to negligible photochemical reactivity. In
19accordance with subsection (b) of Section 7.2, the Board shall
20adopt regulations identical in substance to the U.S.
21Environmental Protection Agency exemptions or deletion of
22exemptions published in policy statements on the control of
23volatile organic compounds in the Federal Register by amending
24the list of exemptions to the Board's definition of volatile
25organic material found at 35 Ill. Adm. Code Part 211. The
26provisions and requirements of Title VII of this Act shall not



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1apply to regulations adopted under this subsection. Section
25-35 of the Illinois Administrative Procedure Act, relating to
3procedures for rulemaking, does not apply to regulations
4adopted under this subsection. However, the Board shall provide
5for notice, a hearing if required by the U.S. Environmental
6Protection Agency, and public comment before adopted rules are
7filed with the Secretary of State. The Board may consolidate
8into a single rulemaking under this subsection all such federal
9policy statements published in the Federal Register within a
10period of time not to exceed 6 months.
11    (f) (Blank).
12(Source: P.A. 97-95, eff. 7-12-11; 98-284, eff. 8-9-13.)