State Implementation Plans

State of Illinois
Main Heading:
State Legislation
Environmental Protection Act
Item Subpart:
Section 9.1

Citations & Dates :

State SIP Citation#:
Act - 9.1
State Effective Date:
Federal SIP Citation#:
Act - 9.1
Federal Effective Date:
Federal Register Citation#:
Federal Register Publication Date:
Regulatory Text:
Ill. Rev. Stat.1989, ch.111 1/2, par. 1009.1(a), par.1009.1(b), par.1009.1(c), par.1009.1(d), and par.1009.1(f). [Illinois Environmental Protection Act]

Section 9.1

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 ensure 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 7411), as amended, relating to the establishment of national emission standandards 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 granted in any federal judical action to review such standards. Enforcement shall be consistent with the results of any such judicial review.

c. The Board may adopt regulations establishing permit programs meeting the requirements of Section 165 and 173 of the Clean Air Act (42 USC 7475 and 42 USC 7503), as amended. The Agency may adopt procedures foor the administration of such programs.

d. No person shall:

1. Violate any provisions of Sections 111, 112, 165 or 173 of the Clean Air Act 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 except in compliance with the requirements of such Sections and federal requirements adopted thereto, and no such action shall be undertaken without a permit granted by the Agency or in violation of any conditions imposed by such permit. Any denial of such a permit or any conditions imposed in such a permit shall be reviewable by the Board in accordance with Secction 40 of this Act.

f. If a complete application for a permit renewal is submitted to the Agency at least 90 days prior to expiration of the permit, all the terms and conditions of the permit shall remain in effect until final administrative action has been taken on the application.

(Source: Public Act 87-555, an Act to amend the Environmental Protection Act by changing Section 9.1, effective September 17, 1991. Ch 111 , par. 1009.1(a), (b), (c), (d) and (f))