97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5168

 

Introduced 2/8/2012, by Rep. Brandon W. Phelps

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/10  from Ch. 111 1/2, par. 1010

    Amends the Environmental Protection Act. Suspends the portion of the Illinois Pollution Control Board's Multi-Pollutant Standard (MPS) rules that limits the sale or transfer of sulfur dioxide allowances under certain circumstances. Prohibits the Board or the Environmental Protection Agency from requiring the surrender or limiting the transfer of sulfur dioxide allowances issued by either the Agency or the USEPA. Effective immediately.


LRB097 19184 JDS 64426 b

 

 

A BILL FOR

 

HB5168LRB097 19184 JDS 64426 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5changing Section 10 as follows:
 
6    (415 ILCS 5/10)  (from Ch. 111 1/2, par. 1010)
7    Sec. 10. Regulations.
8    (A) The Board, pursuant to procedures prescribed in Title
9VII of this Act, may adopt regulations to promote the purposes
10of this Title. Without limiting the generality of this
11authority, such regulations may among other things prescribe:
12        (a) Ambient air quality standards specifying the
13    maximum permissible short-term and long-term
14    concentrations of various contaminants in the atmosphere;
15        (b) Emission standards specifying the maximum amounts
16    or concentrations of various contaminants that may be
17    discharged into the atmosphere;
18        (c) Standards for the issuance of permits for
19    construction, installation, or operation of any equipment,
20    facility, vehicle, vessel, or aircraft capable of causing
21    or contributing to air pollution or designed to prevent air
22    pollution;
23        (d) Standards and conditions regarding the sale,

 

 

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1    offer, or use of any fuel, vehicle, or other article
2    determined by the Board to constitute an air-pollution
3    hazard;
4        (e) Alert and abatement standards relative to
5    air-pollution episodes or emergencies constituting an
6    acute danger to health or to the environment;
7        (f) Requirements and procedures for the inspection of
8    any equipment, facility, vehicle, vessel, or aircraft that
9    may cause or contribute to air pollution;
10        (g) Requirements and standards for equipment and
11    procedures for monitoring contaminant discharges at their
12    sources, the collection of samples and the collection,
13    reporting and retention of data resulting from such
14    monitoring.
15    (B) The Board may adopt regulations and emission standards
16that are applicable or that may become applicable to stationary
17emission sources located in all areas of the State in
18accordance with any of the following:
19        (1) that are required by federal law;
20        (2) that are otherwise part of the State's attainment
21    plan and are necessary to attain the national ambient air
22    quality standards; or
23        (3) that are necessary to comply with the requirements
24    of the federal Clean Air Act.
25    (C) The Board may not adopt any regulation banning the
26burning of landscape waste throughout the State generally. The

 

 

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1Board may, by regulation, restrict or prohibit the burning of
2landscape waste within any geographical area of the State if it
3determines based on medical and biological evidence generally
4accepted by the scientific community that such burning will
5produce in the atmosphere of that geographical area
6contaminants in sufficient quantities and of such
7characteristics and duration as to be injurious to humans,
8plant, or animal life, or health.
9    (D) The Board shall adopt regulations requiring the owner
10or operator of a gasoline dispensing system that dispenses more
11than 10,000 gallons of gasoline per month to install and
12operate a system for the recovery of gasoline vapor emissions
13arising from the fueling of motor vehicles that meets the
14requirements of Section 182 of the federal Clean Air Act (42
15USC 7511a). These regulations shall apply only in areas of the
16State that are classified as moderate, serious, severe or
17extreme nonattainment areas for ozone pursuant to Section 181
18of the federal Clean Air Act (42 USC 7511), but shall not apply
19in such areas classified as moderate nonattainment areas for
20ozone if the Administrator of the U.S. Environmental Protection
21Agency promulgates standards for vehicle-based (onboard)
22systems for the control of vehicle refueling emissions pursuant
23to Section 202(a)(6) of the federal Clean Air Act (42 USC
247521(a)(6)) by November 15, 1992.
25    (E) The Board shall not adopt or enforce any regulation
26requiring the use of a tarpaulin or other covering on a truck,

 

 

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1trailer, or other vehicle that is stricter than the
2requirements of Section 15-109.1 of the Illinois Vehicle Code.
3To the extent that it is in conflict with this subsection, the
4Board's rule codified as 35 Ill. Admin. Code, Section 212.315
5is hereby superseded.
6    (F) Any person who prior to June 8, 1988, has filed a
7timely Notice of Intent to Petition for an Adjusted RACT
8Emissions Limitation and who subsequently timely files a
9completed petition for an adjusted RACT emissions limitation
10pursuant to 35 Ill. Adm. Code, Part 215, Subpart I, shall be
11subject to the procedures contained in Subpart I but shall be
12excluded by operation of law from 35 Ill. Adm. Code, Part 215,
13Subparts PP, QQ and RR, including the applicable definitions in
1435 Ill. Adm. Code, Part 211. Such persons shall instead be
15subject to a separate regulation which the Board is hereby
16authorized to adopt pursuant to the adjusted RACT emissions
17limitation procedure in 35 Ill. Adm. Code, Part 215, Subpart I.
18In its final action on the petition, the Board shall create a
19separate rule which establishes Reasonably Available Control
20Technology (RACT) for such person. The purpose of this
21procedure is to create separate and independent regulations for
22purposes of SIP submittal, review, and approval by USEPA.
23    (G) Subpart FF of Subtitle B, Title 35 Ill. Adm. Code,
24Sections 218.720 through 218.730 and Sections 219.720 through
25219.730, are hereby repealed by operation of law and are
26rendered null and void and of no force and effect.

 

 

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1    (H) 35 Ill. Adm. Code 225.233(f)(2) is hereby suspended by
2operation of law to comport with the intention and
3implementation of the federal Cross-State Air Pollution Rules
4or any substitute rule. Notwithstanding any law or regulation
5to the contrary, the Agency and the Board are prohibited from
6requiring the surrender of allowances or otherwise limiting or
7prohibiting the sale or transfer of allowances issued by either
8the Agency or USEPA that authorize the emission of SO2 under
9any federal trading program.
10(Source: P.A. 95-460, eff. 8-27-07.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.