On July 20, 2023, the Board adopted final amendments to its air pollution control rules. The amendments removed provisions that had allowed the Illinois Environmental Protection Agency (IEPA) to grant emission sources advance permission to continue operating during a malfunction or breakdown or violate emission standards during startup. Under those provisions, compliance with IEPA’s advance permission gave the source a “prima facie” defense to an enforcement action resulting from exceeding emission limits during a startup, malfunction, or breakdown. The United States Environment Protection Agency (USEPA) found the provisions inconsistent with the Clean Air Act.
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