(415 ILCS 5/9.1)
(from Ch. 111 1/2, par. 1009.1)
(a) The General Assembly finds that the federal Clean Air
Act, as amended, and regulations adopted pursuant thereto establish complex
and detailed provisions for State-federal cooperation in the field of air
pollution control, provide for a Prevention of Significant Deterioration
program to regulate the issuance of preconstruction permits to insure that
economic growth will occur in a manner consistent with the preservation
of existing clean air resources, and also provide for plan requirements for
nonattainment areas to regulate the construction, modification and operation
of sources of air pollution to insure that economic growth will occur in
a manner consistent with the goal of achieving the national ambient air
quality standards, and that the General Assembly cannot conveniently or
advantageously set forth in this Act all the requirements of such
federal Act or all regulations which may be established thereunder.
It is the purpose of this Section to avoid the existence of duplicative,
overlapping or conflicting State and federal regulatory systems.
(b) The provisions of Section 111 of the federal Clean Air Act (42
USC 7411), as amended, relating to standards of performance for new
stationary sources, and Section 112 of the federal Clean Air Act (42 USC
7412), as amended, relating to the establishment of national emission
standards for hazardous air pollutants are applicable in this State and are
enforceable under this Act. Any such enforcement shall be stayed
consistent with any stay granted in any federal judicial action to review
such standards. Enforcement shall be consistent with the results of any
such judicial review.
(c) The Board shall adopt regulations establishing permit programs for PSD and NA NSR permits meeting
the respective requirements of Sections 165 and 173 of the Clean Air Act (42 USC 7475
and 42 USC 7503) as amended. The Agency may adopt procedures for the
administration of such programs.
The regulations adopted by the Board to establish a PSD permit program shall incorporate by reference, pursuant to subsection (a) of Section 5-75 of the Illinois Administrative Procedure Act, the provisions of 40 CFR 52.21, except for the following subparts: (a)(1) Plan disapproval, (q) Public participation, (s) Environmental impact statements, (t) Disputed permits or redesignations and (u) Delegation of authority; the Board may adopt more stringent or additional provisions to the extent it deems appropriate. To the extent that the provisions of 40 CFR 52.21 provide for the Administrator to make various determinations and to take certain actions, these provisions shall be modified to indicate the Agency if appropriate. Nothing in this subsection shall be construed to limit the right of any person to submit a proposal to the Board or the authority of the Board to adopt elements of a PSD permit program that are more stringent than those contained in 40 CFR 52.21, pursuant to the rulemaking requirements of Title VII of this Act and Section 5-35 of the Illinois Administrative Procedure Act.
(d) No person shall:
(1) violate any provisions of Sections 111, 112, 165
or 173 of the Clean Air Act, as now or hereafter amended, or federal regulations adopted pursuant thereto; or
(2) construct, install, modify or operate any
equipment, building, facility, source or installation which is subject to regulation under Sections 111, 112, 165 or 173 of the Clean Air Act, as now or hereafter amended, except in compliance with the requirements of such Sections and federal regulations adopted pursuant thereto, and no such action shall be undertaken (A) without a permit granted by the Agency whenever a permit is required pursuant to (i) this Act or Board regulations or (ii) Section 111, 112, 165, or 173 of the Clean Air Act or federal regulations adopted pursuant thereto or (B) in violation of any conditions imposed by such permit. The issuance or any denial of such a PSD permit or any conditions imposed therein shall be reviewable by the Board in accordance with Section 40.3 of this Act. Other permits addressed in this subsection (d) shall be reviewable by the Board in accordance with Section 40 of this Act.
(e) The Board shall exempt from regulation under the State Implementation
Plan for ozone the volatile organic compounds which have been determined
by the U.S. Environmental Protection Agency to be exempt from regulation
under state implementation plans for ozone due to negligible photochemical
reactivity. In accordance with subsection (b) of Section 7.2, the Board
shall adopt regulations identical in substance to the U.S. Environmental
Protection Agency exemptions or deletion of exemptions published in policy
statements on the control of volatile organic compounds in the Federal
Register by amending the list of exemptions to the Board's definition of
volatile organic material found at 35 Ill. Adm. Code Part 211. The
provisions and requirements of Title VII of this Act shall not apply to
regulations adopted under this subsection. Section 5-35 of the Illinois
Administrative Procedure Act, relating to procedures for rulemaking, does not
apply to regulations adopted under this subsection. However, the Board shall
provide for notice, a hearing if required by the U.S. Environmental Protection
Agency, and public comment before adopted rules are filed with the Secretary of
State. The Board may consolidate into a single rulemaking under this subsection
all such federal policy statements published in the Federal Register within a
period of time not to exceed 6 months.
(Source: P.A. 98-284, eff. 8-9-13; 99-463, eff. 1-1-16