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


Sen. Sue Rezin

Filed: 5/4/2015





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2    AMENDMENT NO. ______. Amend Senate Bill 1672 by replacing
3everything after the enacting clause with the following:
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



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1sources of air pollution to insure that economic growth will
2occur in a manner consistent with the goal of achieving the
3national ambient air quality standards, and that the General
4Assembly cannot conveniently or advantageously set forth in
5this Act all the requirements of such federal Act or all
6regulations which may be established thereunder.
7    It is the purpose of this Section to avoid the existence of
8duplicative, overlapping or conflicting State and federal
9regulatory systems.
10    (b) The provisions of Section 111 of the federal Clean Air
11Act (42 USC 7411), as amended, relating to standards of
12performance for new stationary sources, and Section 112 of the
13federal Clean Air Act (42 USC 7412), as amended, relating to
14the establishment of national emission standards for hazardous
15air pollutants are applicable in this State and are enforceable
16under this Act. Any such enforcement shall be stayed consistent
17with any stay granted in any federal judicial action to review
18such standards. Enforcement shall be consistent with the
19results of any such judicial review.
20    (c) The Board shall may adopt regulations establishing
21permit programs meeting the requirements of Sections 165 and
22173 of the Clean Air Act (42 USC 7475 and 42 USC 7503) as
23amended. The Agency may adopt procedures for the administration
24of such programs.
25    The regulations adopted by the Board to establish a permit
26program to meet the requirements of Section 165 of the federal



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1Clean Air Act shall incorporate, by reference, pursuant to
2subsection (a) of Section 5-75 of the Illinois Administrative
3Procedure Act, the provisions of 40 C.F.R. 52.21, except for
4the following subparts: (a) Plan disapproval, (q) Public
5participation, (s) Environmental impact statements, (t)
6Disputed permits or redesignations, and (u) Delegation of
8    To the extent that the provisions of 40 C.F.R. 52.21
9provide for the Administrator to make various determinations
10and to take certain actions, those provisions shall be modified
11to indicate that the Agency has that authority or duty, if
12appropriate. Nothing in this subsection (c) shall be construed
13to limit the right of any person to submit a proposal to the
14Board or the authority of the Board to adopt an air permit
15program required by this subsection (c) more stringent than the
16standards promulgated by the United States Environmental
17Protection Agency Administrator, pursuant to the rulemaking
18requirements of Title VII of this Act and Section 5-35 of the
19Illinois Administrative Procedure Act.
20    (d) No person shall:
21        (1) violate any provisions of Sections 111, 112, 165 or
22    173 of the Clean Air Act, as now or hereafter amended, or
23    federal regulations adopted pursuant thereto; or
24        (2) construct, install, modify or operate any
25    equipment, building, facility, source or installation
26    which is subject to regulation under Sections 111, 112, 165



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



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15-35 of the Illinois Administrative Procedure Act, relating to
2procedures for rulemaking, does not apply to regulations
3adopted under this subsection. However, the Board shall provide
4for notice, a hearing if required by the U.S. Environmental
5Protection Agency, and public comment before adopted rules are
6filed with the Secretary of State. The Board may consolidate
7into a single rulemaking under this subsection all such federal
8policy statements published in the Federal Register within a
9period of time not to exceed 6 months.
10    (f) (Blank).
11(Source: P.A. 97-95, eff. 7-12-11; 98-284, eff. 8-9-13.)".