News Releases - 2003

Illinois EPA Asks Illinois Attorney General to File Petition Objecting to Clean Air Protection Rollbacks by Bush Administration

Springfield, Ill. -- Illinois Environmental Protection Agency Director Renee Cipriano has formally requested legal representation from Illinois Attorney General Lisa Madigan in the State's pursuit to block the Bush Administration's rollback of the protections of the federal Clean Air Act.

"Illinois remains a leader among Midwest states in challenging federal rollbacks of the Clean Air Act protecting air quality in this State,"said Director Cipriano. "We will continue to act on behalf of the citizens of Illinois to protect the environment and the public health."

"The Illinois EPA previously filed formal comments opposing the proposed changes ---- we believe U.S. EPA has not adequately evaluated the potential impacts of this rule,"added Director Cipriano. "Our primary focus is to ensure that air quality in Illinois is not compromised by U.S. EPA's action."

On August 27, 2003, the U.S. EPA announced plans to issue a final rule regarding the "routine maintenance, repair and replacement"portion of the New Source Review program designed to ensure that new sources of air pollution or significant modifications to existing sources meet modern air pollution limits. It is expected that the final rule will be issued shortly through publication in the Federal Register.

As part of the proposed rule, U.S EPA qualifies major overhauls to large emission units as routine maintenance, eliminating the opportunity to modernize emission controls when plants are renovated. In addition to important air quality concerns, Illinois' efforts to modernize existing coal-fired power plants while allowing them to utilize the State's coal resources could also be negatively impacted. Under the Bush administration's rule change, major overhauls of these plants would not be subject to New Source Review and potential installation of clean coal technology equipment that would allow the use of Illinois coal.

Additionally, power plants replacing equipment will not be subject to New Source Review if the total cost of the replacement component plus the costs of the repair and maintenance activities, including labor and contractual services, do not exceed 20 percent of the entire replacement value of the unit. For example, if the total replacement value of a unit is $1 billion, $200 million of equipment replacement activity would be considered "routine"maintenance, repair and replacement, not triggering New Source Review and modernization.