The Illinois Environmental Protection Agency (Illinois EPA) announced in October 2017 that a state Prevention of Significant Deterioration (PSD) program was being developed as required by the Illinois Environmental Protection Act (Act) based on a 2015 amendment to the Act (415 ILCS 5/9.1(c)). Currently, the Illinois EPA is authorized to issue PSD permits under a delegation agreement with the USEPA. The Illinois EPA proposed to adopt the PSD program in a new section, 35 Illinois Administrative Code (IAC) Part 204, Prevention of Significant Deterioration. In addition to the new Part 204, the Illinois EPA seeks to amend the Illinois Pollution Control Board's (IPCB's) procedural regulations to accommodate appeals of PSD permits (35 IAC 101 and 105) as well as the public participation rules in 35 IAC 252.
The current proposal is not to incorporate the federal rule by reference, but rather to base the state PSD program on the federal PSD regulation. Further, the state PSD program must be at least as stringent as the current federal program. Trinity has identified some differences between the current state and federal rules and will be tracking the final draft language closely.
The Illinois EPA is seeking comments on the draft rule through November 1, 2017. Next steps for the proposed state PSD program would be to submit a final draft to the Illinois Pollution Control Board (IPCB). As part of the IPCB rulemaking process, public comment will be solicited and a public hearing will be held prior to a final decision on the rule.