ILLINOIS POLLUTION CONTROL BOARD

October 22, 1981

IN THE MATTER OF:

PROPOSED AMENDMENTS TO CHAPTER 2:

)

AIR POLLUTION CONTROL RULES AND

)

REGULATIONS, NONATTAINMENT AREA PERMIT

)

R8l-16: INTERIM RULE

REGULATIONS PURSUANT TO §9.1 OF THE

)

ILLINOIS ENVIRONMENTAL PROTECTION ACT.

)

Proposed Rule.

Second 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 promul-

gation of

a permit program meeting the requirements of Sl73 of

the Clean Air Act by October

1, 1981.

(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,

1981.

The Agency proposal was accepted for hearing and

given the docket number R8l-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 Administra-

tive Procedure Act rulemaking requirements consumes a minimum of

12 months, the Board finds that it is 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 industries to promulgate a permit program at this time

which will retain the “status quo”

until a thorough review of the

R8l-l6 permit program proposal

is completed.

This rulemaking

(R8l—l6:

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 Nonattainment Areas”

while the rulemaking proceeding in R8l—l6

is taking place,

but

in

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 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.

43—587

---

2

The

federal regulations relating to §111,

112 and 173, and

airiendments 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.

Other public comments received regarding this Interim Rule have

been noted by the Board and are appropriate for consideration

during the final rulemaking.

This Order does not in any way affect the ongoing proceeding

in R8l—16.

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 Sta—

tionary 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 con—

~licts with Sections 111, 112 or 173 of the Clean

Air Act or

federal regulations adopted pursuant thereto, the federal pro-

vision 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—l6 or until October

1,

1982, which-

ever is earlier.

IT IS SO ORDERED.

I, chris~anL. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that the above Order was adopted

on the

~

~day

of

~

,

1981 by a vote of

~.

I

~i

•,

—

/

~

it~,

.~/

Christàn L. Moffett,

Cl

Illinois Pollution Control Board

4 3—588