093_SB0366

 
                                     LRB093 06455 EFG 06578 b

 1        AN ACT concerning environmental protection.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Environmental Protection Act  is  amended
 5    by changing Section 9.3 as follows:

 6        (415 ILCS 5/9.3) (from Ch. 111 1/2, par. 1009.3)
 7        Sec. 9.3. Alternative control strategies.
 8        (a)  The  General Assembly finds that control strategies,
 9    including    emission    limitations,     alternative     but
10    environmentally   equivalent   to  those  required  by  Board
11    regulations or the terms  of  this  Act,  can  ensure  assure
12    equivalent  protection of the environment and that the use of
13    such   alternative   control   strategies    can    encourage
14    technological   innovation,  can  reduce  the  likelihood  of
15    shutdown of older sources, and can result in decreased  costs
16    of compliance and increased availability of resources for use
17    in productive capital investments.
18        (b)  (Blank.)
19        (c)  On  or  before  December  31,  1982, the Board shall
20    adopt regulations establishing a permit program  pursuant  to
21    Section 39.1 in accordance with Title VII of this Act.
22        (d)  Board  rules  pursuant to this Section 9.3 shall set
23    forth reasonable requirements for issuance of an  alternative
24    control  strategy  permit,  provided  that  the Board may not
25    impose any  condition  or  requirement  more  stringent  than
26    required by the Clean Air Act or for compliance with this Act
27    or  other  Board  regulations  thereunder.  The  Agency shall
28    promptly   adopt   any   necessary   procedures    for    the
29    administration   of  such  permit  programs.  The  burden  of
30    establishing that any  procedure,  condition  or  requirement
31    imposed  by  the Agency in or for the issuance of a permit is
 
                            -2-      LRB093 06455 EFG 06578 b
 1    more stringent than required by applicable law shall be  upon
 2    the permit applicant.
 3    (Source: P.A. 92-574, eff. 6-26-02.)