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91_HB3714
LRB9110988ACtm
1 AN ACT regarding environmental safety.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Environmental Protection Act is amended
5 by changing Section 10 as follows:
6 (415 ILCS 5/10) (from Ch. 111 1/2, par. 1010)
7 Sec. 10. Regulations; repeal of regulations.
8 (A) The Board, pursuant to procedures prescribed in
9 Title VII of this Act, may adopt regulations to promote the
10 purposes of this Title. Without limiting the generality of
11 this authority, such regulations may among other things
12 prescribe:
13 (a) Ambient air quality standards specifying the
14 maximum permissible short-term and long-term
15 concentrations of various contaminants in the atmosphere;
16 (b) Emission standards specifying the maximum
17 amounts or concentrations of various contaminants that
18 may be discharged into the atmosphere;
19 (c) Standards for the issuance of permits for
20 construction, installation, or operation of any
21 equipment, facility, vehicle, vessel, or aircraft capable
22 of causing or contributing to air pollution or designed
23 to prevent air pollution;
24 (d) Standards and conditions regarding the sale,
25 offer, or use of any fuel, vehicle, or other article
26 determined by the Board to constitute an air-pollution
27 hazard;
28 (e) Alert and abatement standards relative to
29 air-pollution episodes or emergencies constituting an
30 acute danger to health or to the environment;
31 (f) Requirements and procedures for the inspection
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1 of any equipment, facility, vehicle, vessel, or aircraft
2 that may cause or contribute to air pollution;
3 (g) Requirements and standards for equipment and
4 procedures for monitoring contaminant discharges at their
5 sources, the collection of samples and the collection,
6 reporting and retention of data resulting from such
7 monitoring.
8 (B) The Board shall adopt sulfur dioxide regulations and
9 emission standards for existing fuel combustion stationary
10 emission sources located in all areas of the State of
11 Illinois, except the Chicago, St. Louis (Illinois) and Peoria
12 major metropolitan areas, in accordance with the following
13 requirements:
14 (1) Such regulations shall not be more restrictive
15 than necessary to attain and maintain the "Primary
16 National Ambient Air Quality Standards for Sulfur
17 Dioxide" and within a reasonable time attain and maintain
18 the "Secondary National Ambient Air Quality Standards for
19 Sulfur Dioxide."
20 (2) Such regulations shall be based upon ambient
21 air quality monitoring data insofar as possible,
22 consistent with regulations of the United States
23 Environmental Protection Agency. To the extent that air
24 quality modeling techniques are used for setting
25 standards, such techniques shall be fully described and
26 documented in the record of the Board's rulemaking
27 proceeding.
28 (3) Such regulations shall provide a mechanism for
29 the establishment of emission standards applicable to a
30 specific site as an alternative to a more restrictive
31 general emission standard. The Board shall delegate
32 authority to the Agency to determine such specific site
33 emission standards, pursuant to regulations adopted by
34 the Board.
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1 (4) Such regulations and standards shall allow all
2 available alternative air quality control methods
3 consistent with federal law and regulations.
4 (C) The Board may not adopt any regulation banning the
5 burning of landscape waste throughout the State generally.
6 The Board may, by regulation, restrict or prohibit the
7 burning of landscape waste within any geographical area of
8 the State if it determines based on medical and biological
9 evidence generally accepted by the scientific community that
10 such burning will produce in the atmosphere of that
11 geographical area contaminants in sufficient quantities and
12 of such characteristics and duration as to be injurious to
13 humans, plant, or animal life, or health.
14 (D) The Board shall adopt regulations requiring the
15 owner or operator of a gasoline dispensing system that
16 dispenses more than 10,000 gallons of gasoline per month to
17 install and operate a system for the recovery of gasoline
18 vapor emissions arising from the fueling of motor vehicles
19 that meets the requirements of Section 182 of the federal
20 Clean Air Act (42 USC 7511a). These regulations shall apply
21 only in areas of the State that are classified as moderate,
22 serious, severe or extreme nonattainment areas for ozone
23 pursuant to Section 181 of the federal Clean Air Act (42 USC
24 7511), but shall not apply in such areas classified as
25 moderate nonattainment areas for ozone if the Administrator
26 of the U.S. Environmental Protection Agency promulgates
27 standards for vehicle-based (onboard) systems for the control
28 of vehicle refueling emissions pursuant to Section 202(a)(6)
29 of the federal Clean Air Act (42 USC 7521(a)(6)) by November
30 15, 1992.
31 (E) The Board shall not adopt or enforce any regulation
32 requiring the use of a tarpaulin or other covering on a
33 truck, trailer, or other vehicle that is stricter than the
34 requirements of Section 15-109.1 of the Illinois Vehicle
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1 Code. To the extent that it is in conflict with this
2 subsection, the Board's rule codified as 35 Ill. Admin. Code,
3 Section 212.315 is hereby superseded.
4 (F) Any person who prior to June 8, 1988, has filed a
5 timely Notice of Intent to Petition for an Adjusted RACT
6 Emissions Limitation and who subsequently timely files a
7 completed petition for an adjusted RACT emissions limitation
8 pursuant to 35 Ill. Adm. Code, Part 215, Subpart I, shall be
9 subject to the procedures contained in Subpart I but shall be
10 excluded by operation of law from 35 Ill. Adm. Code, Part
11 215, Subparts PP, QQ and RR, including the applicable
12 definitions in 35 Ill. Adm. Code, Part 211. Such persons
13 shall instead be subject to a separate regulation which the
14 Board is hereby authorized to adopt pursuant to the adjusted
15 RACT emissions limitation procedure in 35 Ill. Adm. Code,
16 Part 215, Subpart I. In its final action on the petition,
17 the Board shall create a separate rule which establishes
18 Reasonably Available Control Technology (RACT) for such
19 person. The purpose of this procedure is to create separate
20 and independent regulations for purposes of SIP submittal,
21 review, and approval by USEPA.
22 (G) Subpart FF of Subtitle B, Title 35 Ill. Adm. Code,
23 Sections 218.720 through 218.730 and Sections 219.720 through
24 219.730, are hereby repealed by operation of law and are
25 rendered null and void and of no force and effect.
26 (Source: P.A. 88-381; 89-79, eff. 6-30-95.)