2023 Illinois Compiled Statutes › Chapter 415 - ENVIRONMENTAL SAFETY › 415 ILCS 130/ - Interstate Ozone Transport Oversight Act.

(415 ILCS 130/1)
Sec. 1. 
		Short title. 
		This Act shall be known and may be cited as the
Interstate Ozone Transport Oversight Act.
(Source: P.A. 89-566, eff. 7-26-96.)
(415 ILCS 130/5)
Sec. 5. 
		Findings. 
		The General Assembly finds:
(a) The Federal Clean Air Act, as amended, contains
a comprehensive regulatory scheme for the control of emissions from mobile,
stationary and area sources, which will improve ambient air quality and health
and welfare in all parts of the nation.
(b) The number of areas unable to meet national ambient air quality
standards for ozone has been declining steadily and will continue to decline
with air quality improvements resulting from implementation of the Clean Air
Act Amendments of 1990, and the mobile, stationary and area source emission
controls specified in the Amendments.
(c) Scientific research on the transport of atmospheric ozone across state
boundaries is proceeding under the auspices of the United States Environmental
Protection Agency (EPA), state agencies, and private entities, which will lead
to improved scientific understanding of the causes and nature of ozone
transport, and potentially applicable emission control strategies.
(d) The Northeast Ozone Transport Commission established by the Clean Air
Act Amendments of 1990 has proposed emission control requirements for
stationary and mobile sources in certain northeastern states and the District
of Columbia in addition to those requirements specified by Titles I, II and IV
of the Clean
Air Act Amendments of 1990.
(e) Membership of the Northeast Ozone Transport Commission includes, by
statute, representatives of state environmental agencies and governors'
offices; similar representation is required in the case of other ozone
transport commissions established by the Administrator of the United States EPA
pursuant to Section 176A of the Clean Air Act, as amended.
(f) The Northeast Ozone Transport Commission neither sought nor obtained
state legislative oversight or approval prior to reaching its decisions on
mobile and stationary source requirements for states included within the
Northeast Ozone Transport Region.
(g) The Commonwealth of Virginia and other parties have challenged the
constitutionality of the Ozone Transport Commission and its regulatory
proposals under the Guarantee, Compact, and Joinder Clauses of the United
States Constitution; various state legislatures in the Northeast United States
have expressed
their
desire to be fully involved in the formulation of policies and regulations by
the Ozone Transport Commission.
(h) The United States EPA, acting outside of the aforementioned statutory
requirements for the establishment of new interstate transport commissions, is
encouraging the State of Illinois and twenty-four other states outside of the
Northeast to participate in multistate negotiations through the Ozone Transport
Assessment Group; those negotiations are intended to provide the basis for an
interstate memorandum of understanding or other agreement on ozone transport
requiring reductions of emissions of nitrogen oxides or volatile organic
compounds in addition to those emission reductions specified by the Clean
Air Act Amendments of
1990; membership of the Ozone Transport Assessment Group consists of state and
federal air quality officials, without state legislative or gubernatorial
representation or participation.
(i) Emission control requirements exceeding those specified by the federal
law can adversely affect state economic development, competitiveness,
employment, and income without corresponding environmental benefits; in the
case of electric utility emissions of nitrogen oxides, it is estimated that
control costs in addition to those specified by the Clean Air Act could amount
to $4 to $5.5 billion annually in a 37-state region of the Eastern United
States.
(j) Requiring certain eastern states to meet emission control requirements
more stringent than those otherwise applicable in western states would unfairly
affect interstate competition for new industrial development and employment
opportunities.
(Source: P.A. 89-566, eff. 7-26-96.)
(415 ILCS 130/10)
Sec. 10. 
		Definitions. 
		As used in this Act:
"Act" means the Interstate Ozone Transport Oversight Act.
"Alternate strategies" means any alternate strategies which could reasonably
be utilized by the State of Illinois, in lieu of or in combination with the
strategies identified in any proposed memorandum of understanding or other
agreement developed by the Ozone Transport Assessment Group, in its efforts to
achieve the national ambient air quality standard for ozone.
"Board" means the Pollution Control Board.
"Director" means the Director of the Illinois Environmental Protection
Agency.
"House Committee" means the Illinois House of Representatives Committee on
Energy and the Environment.
"House of Representatives" means the
Illinois House of Representatives.
"Memorandum of understanding" means a memorandum of understanding or any
other agreement by the Ozone Transport Assessment Group potentially requiring
the State of Illinois to undertake emission reductions in addition to those
specified in the Clean Air Act Amendments of 1990.
"Ozone Transport Assessment Group" means the national work group formed to
conduct a national assessment of and develop a consensus solution to the ozone
formation and transport phenomena, including a proposal for national and
regional control strategies aimed at achieving reductions of ozone and ozone
precursor
concentrations.
"Senate" means the Illinois Senate.
"Senate Committee" means the Illinois Senate Committee on Energy and the
Environment.
"Senate President" means the President of the Illinois Senate.
"Speaker of the House" means the Speaker of the Illinois House of
Representatives.
"State Implementation Plan" means an Illinois state implementation plan for
ozone attainment prepared pursuant to Section 110 of the federal Clean Air
Act.
(Source: P.A. 89-566, eff. 7-26-96; 90-500, eff. 8-19-97.)
(415 ILCS 130/15)
Sec. 15. 
		Applicability.
(a) Nothing in this Act is intended to preclude the Senate or the House or
Representatives from taking any other action with respect to any proposed
memorandum of understanding or with respect to alternate strategies as either
body deems appropriate.
(b) Nothing in this Act is intended to circumvent the authority of the Board
to adopt regulations pursuant to Title VII of the Environmental Protection Act.
(Source: P.A. 89-566, eff. 7-26-96.)
(415 ILCS 130/20)
Sec. 20. Legislative referral and public hearings.
(a) Not later than 10 days after the development of any proposed
memorandum of understanding by the Ozone Transport Assessment Group
potentially requiring the State of Illinois to undertake emission reductions
in addition to those specified by the Clean Air Act Amendments of 1990, or
subsequent to the issuance of a request made by the United States Environmental
Protection Agency on or after June 1, 1997 for
submission of a State Implementation Plan for Illinois relating to ozone
attainment and before submission of the Plan, the
Director shall submit
the proposed memorandum of understanding or State Implementation Plan to
the House Committee and the Senate
Committee for their consideration.  At that time, the Director shall also
submit information detailing any alternate strategies.
(b) (Blank).
(c) Upon receipt of the information required by subsections (a) and (b) of
this Section, the House Committee and Senate Committee shall each convene
one or more public hearings to receive comments from agencies of government and
other interested parties on the memorandum of understanding's or State
Implementation Plan's prospective
economic and environmental impacts, including its impacts on energy use,
economic development, utility costs and rates, and competitiveness.
Additionally,
comments shall be received on the prospective economic and environmental
impacts, including impacts on energy use, economic development, utility
costs and rates, and competitiveness, which may result from implementation of
any
alternate strategies.
(Source: P.A. 100-621, eff. 7-20-18.)
(415 ILCS 130/25)
Sec. 25. 
		Findings and recommendations to the Governor.
(a) Upon completion of the public hearings conducted pursuant to subsection
(c) of Section 20, the House Committee and Senate Committee shall
each prepare
a report containing its findings and recommendations concerning the proposed
memorandum of understanding or State Implementation Plan and alternate
strategies.  The reports shall also
contain findings and recommendations concerning the relative net costs and net
benefits which might result from implementation of the emission reduction
strategies identified in the memorandum of understanding or State
Implementation Plan, contrasted with
those that might result from implementation of the alternate strategies.  The
recommendations may include suggested modifications to the terms or
applicability of the memorandum of understanding or State Implementation
Plan.
(b) Upon completion of the reports, the House Committee and Senate Committee
shall forward the reports to the Speaker of the House and the Senate President,
respectively.
(c) Upon receipt of the reports submitted pursuant to subsection (b) of this
Section, the Speaker of the House and the Senate President shall forward the
reports to the Governor for his or her further consideration or action that may
be
warranted.
(d) In the absence of a resolution or other act of the Illinois General
Assembly approving a State Implementation Plan for Illinois relating to ozone,
the Director of the Illinois Environmental Protection Agency shall not submit
to the United States Environmental Protection Agency a State Implementation
Plan relating to ozone attainment that would impose emission controls in
Illinois more stringent than necessary for Illinois to demonstrate attainment
with a national ambient air quality standard for ozone, unless it can be shown
(i) that man-made emissions from man-made sources located within Illinois
contribute significantly to nonattainment or inability to maintain an ozone
standard in another nonattaining state and (ii) that feasible emission
reductions in the other nonattaining state, absent the more stringent emission
controls in Illinois,
would not permit that state to demonstrate attainment and maintenance of the
national ambient air quality standard for ozone.
(Source: P.A. 89-566, eff. 7-26-96; 90-500, eff. 8-19-97.)
(415 ILCS 130/99)
Sec. 99. 
		Effective date. 
		This Act takes effect upon becoming law.
(Source: P.A. 89-566, eff. 7-26-96.)