Current through Register Vol. 48, No. 38, September 20, 2024
a) As of September
4, 2020, all areas of the State (except as otherwise provided by Section
204.920) are designated Class II as of December 5, 1974. Redesignation (except
as otherwise precluded by Section 204.920) may be proposed by the State or
Indian Governing Bodies under this Section, subject to approval by USEPA as a
revision to the applicable SIP.
b)
The State may submit to USEPA a proposal to redesignate areas of the State
Class I or Class II provided that:
1) At
least one public hearing has been held in accordance with 35 Ill. Adm. Code
252;
2) Other states, Indian
Governing Bodies, and Federal Land Managers whose lands may be affected by the
proposed redesignation were notified at least 30 days prior to the public
hearing;
3) A discussion of the
reasons for the proposed redesignation, including a satisfactory description
and analysis of the health, environmental, economic, social, and energy effects
of the proposed redesignation, was prepared and made available for public
inspection at least 30 days prior to the hearing and the notice announcing the
hearing contained appropriate notification of the availability of such
discussion;
4) Prior to the
issuance of notice respecting the redesignation of an area that includes any
federal lands, the State has provided written notice to the appropriate Federal
Land Manager and afforded adequate opportunity (not in excess of 60 days) to
confer with the State respecting the redesignation and to submit written
comments and recommendations. In redesignating any area with respect to which
any Federal Land Manager had submitted written comments and recommendations,
the State shall have published a list of any inconsistency between such
redesignation and such comments and recommendations (together with the reasons
for making such redesignation against the recommendation of the Federal Land
Manager); and
5) The State has
proposed the redesignation after consultation with the elected leadership of
local and other substate general purpose governments in the area covered by the
proposed redesignation.
c) Any area other than an area to which
Section 204.920 refers may be redesignated as Class III if:
1) The redesignation would meet the
requirements of subsection (b);
2)
The redesignation, except any established by an Indian Governing Body, has been
specifically approved by the Governor of Illinois:
A) After consultation with the appropriate
committees of the legislature, if it is in session, or with the leadership of
the legislature, if it is not in session (unless State law provides that the
redesignation must be specifically approved by State legislation);
and
B) If general purpose units of
local government representing a majority of the residents of the area to be
redesignated enact legislation or pass resolutions concurring in the
redesignation;
3) The
redesignation would not cause, or contribute to, a concentration of any air
pollutant that would exceed any maximum allowable increase permitted under the
classification of any other area or any NAAQS; and
4) Any permit application for any major
stationary source or major modification, subject to review under Section
204.1120, that could receive a permit under this Section only if the area in
question were redesignated as Class III, and any material submitted as part of
that application, were available, insofar as was practicable for public
inspection prior to any public hearing on redesignation of the area as Class
III.
d) Lands within the
exterior boundaries of Indian Reservations may be redesignated only by the
appropriate Indian Governing Body. The appropriate Indian Governing Body may
submit to USEPA a proposal to redesignate areas Class I, Class II, or Class
III, provided that:
1) The Indian Governing
Body has followed procedures equivalent to those required of a state under
subsections (b), (c)(3), and (c)(4); and
2) Such redesignation is proposed after
consultation with the State(s) in which the Indian Reservation is located and
that border the Indian Reservation.
e) USEPA shall disapprove, within 90 days
after submission, a proposed redesignation of any area only if it finds, after
notice and opportunity for public hearing, that such redesignation does not
meet the procedural requirements or is inconsistent with Section 204.920. If
any such disapproval occurs, the classification of the area shall be that which
was in effect prior to the redesignation which was disapproved.
f) If USEPA disapproves any proposed
redesignation, the State or Indian Governing Body, as appropriate, may resubmit
the proposal after correcting the deficiencies noted by USEPA.
