ILLINOIS POLLUTION CONTROL BOARD

July

23,

1981

I~THE

MATTER OF:

PROPOSED AMENDMENTS TO CHAPTER

2:

AIR

)

R81—16:

INTERIM

RJL~

POLLUTION CONTROL RULES AND REGULATIONS,

)

NONATTAINMENT AREA PERMIT REGULATIONS

PURSUANT TO §9.1 OF THE

)

ILLINOIS ENVIRONMENTAL PROTECTION ACT.

Proposed Rule.

First Notice.

ORDER OF THE BOARD

(by

I. Goodman):

On September

4,

1980 the Illinois Environmental Protection

Act

(Act) was amended to add §9.1(d)

which mandates Board

promulgation of a permit program meeting the requirements of §173

of the Clean Air Act by October

1,

1981.

(Section 173

lists the

requirements of the permit program for the construction and oper-

ation of new or modified major stationary sources

in nonattainment

areas which must be included in the State Implementation Plan.)

The Board received a regulatory proposal for this mandated

rulemaking and the related Prevention of Significant Deterioration

preconstruction requirements

(See Section 165 of the Clean Air

Act) from the Illinois Environmental Protection Agency

(Agency) on

May

1,

1981.

The Agency proposal was accepted for hearing and

given

the docket number R81—16 at the May

14,

1981 Board meeting.

Since even under optimal conditions complete compliance with

Title VII

(including an economic impact study) and the Admiriis—

trative Procedure Act rulemaking requirements consumes a minimun

oE

12 months,

the Board finds that it is impossible

to promulgatr~

a new permit program pursuant to these procedures before the

October

1,

1981 date.

Given these constraints, the Board believes

it is

it-i

the best interest of the people of the State and the

affected industries to promulgate a permit program at this time

which will retain the “status quo” until a thorough review of the

R81—16 permit program proposal

is completed.

This rulemaking

(R81—16:

Interim Rule)

is designed to meet the statutory October

1,

1981 deadline and enable the existing permit program to continue

under the Agency’s “Rules for Issuance of Permits to New or

Modified Air Pollution Sources Affecting Nonattain!nent Areas”

while

the rulemaking proceeding

in R81—16

is taking place, but in

no event longer than October 1,

1982.

The Board notes

that the

substance of the existing rules would be

in effect until October

1,

1982 under §9.1(e)

of the Act, even if this interim rule were not

promulgated.

Therefore,

the Board finds

this action will have

rio

economic or environmental impacts beyond those created by §9.1(e),

and that,

given the alternatives, this course of action will

result in the least disruption of the existing program and the

most thorough review

of the new regulations.

43—117

---

The Board notes that should federal

regulations relating

L

§173 change during this interim period so as

to create a conflict

with the effective rules in Illinois,

the federal rules will super-

sede the Illinois rule

to the extent necessary to avoid

a conflict

with the federal requirements.

This result

is mandated by Section

9.1(f)

of the Act which prohibits

a violation of a federal regulation

promulgated under Section 111,

112 or 173 of the Clean Air ‘~ct.

This Order does not in any way affect the ongoing proccedinq

in R81—16.

The Clerk is directed to initiate First Notice proceedings

pursuant to the Illinois Administrative Procedure Act.

ORDER

Part XI of Chapter

2:

Air Pollution Control Rules and

Regulations is hereby adopted, entitled “Permit Program for

the

Construction and Operation of New or Modified Major Stationary

Sources in Nonattainment Areas.”

Rule 1101 of Part XI

is hereby

promulgated as follows:

Rule 1101

Permit Issuance

The Illinois Environmental Protection Agency shall issue

permits pursuant to the Agency’s “Rules For Issuance of Permits

to New or Modified Air Pollution Sources Affecting Nonattainment

Areas” as

in effect on the date of this rule, provided that

no

permit condition or requirement is more stringent than required

by the Clean Air Act,

the Act or this Chapter.

In the event that any permit condition or requirement

conflicts with Sections 111,

112 or 173 of the Clean Air Act

or federal regulations adopted pursuant thereto,

the federal

provision shall control for purposes of Section 9.1(f) of the

Illinois Environmental Protection Act.

This rule shall remain in effect until superseded by the

adoption of rules

in R81—16 or until October

1,

1982, whichever

is earlier.

IT IS SO ORDERED.

I, Christan L.

Moffett, Clerk of the Illinois Pollution

Control ,Bpard, hereby certify that the above Order was adopted on

the ~

~

day of

____________________,

1981 by a vote of ‘o.

U

-‘-S

~

I

stan L.

Mof

Illinois Pollut.

43—118