PSD Rulemaking

Regulatory Proposal

Illinois’ Prevention of Significant Deterioration Program

The Illinois EPA has prepared proposed regulations for a state program for Prevention of Significant Deterioration (PSD). The Illinois EPA will be accepting public input on the proposed regulations through November 1, 2017.

The Illinois EPA currently issues PSD permits for the U.S. EPA under a delegation agreement. In 2015, the Illinois Environmental Protection Act was amended to require that the Illinois Pollution Control Board (IPCB) establish a state PSD program, 415 ILCS 5/9.1(c).  In response, the Illinois EPA has developed proposed state PSD regulations which it plans to submit to the IPCB for adoption. 

The Illinois EPA is proposing a state PSD program based on the federal PSD regulations that it currently implements on behalf of U.S. EPA. The Illinois EPA is proposing that these new regulations be adopted as 35 Illinois Administrative Code (IAC) Part 204, Prevention of Significant Deterioration. 

In addition, the Illinois EPA is proposing amendments to the IPCB’s procedural regulations to accommodate appeals of PSD permits to the IPCB. These changes are taking place in 35 IAC 101, General Rules, and 35 IAC 105, Appeals of Final Decisions of State Agencies.

Additionally, while not a part of the PSD regulatory package to be submitted to the IPCB, the Illinois EPA will be proposing changes to Illinois EPA rules, 35 IAC 252, Public Participation in the Air Pollution Control Permit Program.

These new PSD regulations will be a companion program to Illinois’ current regulations at 35 IAC Part 203, Major Stationary Sources Construction and Modification (MSSCAM).  MSSCAM addresses the permitting of proposed major new sources and major modifications at existing major sources that would emit a pollutant for which the area is designated non-attainment.

Opportunity for Public Review

Prior to submission to the IPCB, the Illinois EPA is making the proposed new PSD regulation and revisions of the existing regulations available for public review until November 1, 2017.  Links to these draft documents are found below. 

Provide Input on the Rule

If you would like to provide input into the draft regulations please send it via e-mail to: EPA.PSDRulemaking@illinois.gov

Process for the Rulemaking

After public outreach, the Illinois EPA will finalize the proposed state PSD regulations proposal for submittal to the IPCB for consideration. The IPCB will then initiate a rulemaking proceeding based on the proposal.  As part of its rulemaking, the IPCB will solicit formal comments and hold hearings prior to making a final decision.  After the regulations are submitted to the IPCB, information will be available on the IPCB website.

The Illinois EPA will, separately, initiate an Agency rulemaking proceeding on the amendments to 35 IAC Part 252.

Links

PSD Regulatory Proposal

Revised Rule, 35 IAC 252

PSD Factsheet

Illinois Pollution Control Board

Public Act 099-0463

Questions about the Proposed Rule and Illinois EPA Contact

Brad Frost
Illinois EPA
Office of Community Relations
217/782-7027
EPA.PSDRulemaking@illinois.gov