ILLINOIS POLLUTION CONTROL

BOARD

December

17,

1981

IN THE

MATTER

OF:

PROPOSED

AMENDMENTS TO CHAPTER

2:

AIR POLLUTION CONTROL RULES

AND

)

REGULATIONS,

NONATTAINMENT AREA PERMIT

)

R81-l6:

INTERIM RULE

REGULATIONS

PURSUANT TO §9~1 OF THE

)

ILLINOIS

ENVIRONMENTAL PROTECTION ACTS

Adopted Rule

Final Order

OPINION

AND

ORDER OF THE BOARD

(by I~

Goodman):

On

September

4,

1980, the Illinois Environmental

Protection

Act

(Act)

was amended to add §9~l(d)which mandates Board

promul-

gation of a

permit program meeting the requirements of

§173 of

the Clean

Air

Act by October

1, 198L

(Section

173 lists

the

requirements

of the

permit program

for the

construction

and opera-

tion 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

rule-

making 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,

l98L

The

Agency proposal was accepted

for

hearing

and

given the

docket

number R8l~l6at the May

14,

1981 Board

meeting.

Since

even

under optimal conditions complete

compliance with

Title VII

(including

an Economic Impact Study) and

the

Administra-

tive

Procedure

Act rulemaking requirements consumes a

minimum of

12 months,

the

Board finds that iL

w~s

impossible

to promulgate

a new

permit

program pursuant to these procedures

before

the

October

1,

1981 date,

Given these constraints,

the Board

believes

it is

in the

best interest of the people of the State

and the

affected

sources

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 interim

rule-

making was

intended

to

meet the statutory October

1,

1981

deadline.

Although

belated,

the Board is adopting the existing permit

program,

that is,

the Agency~’s~Rules

for Issuance

of Permits

to New

or

Modified Air

Pollution Sources Affecting Nonattainment

Areas,”

to satisfy

§9,l(d)~smandate

for Board rules for

permitting

sources

regulated

under §173 of the Clean Air Act.

In

substance,

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 no

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.

44~273

---

2

Since originally proposed by the Board~sOrder on July 23,

1981,

the

second paragraph

of the Order has been deleted.

Never-

theless,

the federal regulations relating to §111,

112 and 173,

and

amendments thereto,

will supersede the effective rules in

Illinois to

the extent

that compliance with the Illinois rules

in this interim

would

result in a violation of Section 9.1(f)

of the Act.

Section 9.1 of the

Act,

and more specifically Sub-

section

9,1(f),

leaves little,

if any,

room for a different

interpretation.

Otherwise,

a permit applicant subject to

a

conflicting

permit

condition or requirement

,

in an effort to

satisfy it, would

he

forced to violate the federal provision,

This Order does not in any way affect the ongoing pro-

ORDER

Part XI of Chapter

2:

Air Pollution Control Rules and Regu-

lations

is hereby adopted, entitled “Permit Program

for the Con-

struction 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.

This rule shall remain in effect until superseded by the

adoption of permanent rules in R81—l6 or until October 1,

IT IS SO ORDERED.

I, Christan L.

Moffett, Clerk of the Illinois Pollution

Control

Board, hereby qertify that the above Order was adopted

on the

1YI*~~

day of

J~j

&4~A..,

1981

by

a vote of

$o

Christan L. M9’f~~t,Clerk,

Illinois Pol1u~fd’nControl Board