Public Act 103-0794
 
HB1837 EnrolledLRB103 28087 CPF 54466 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 
 
    Section 5. The Environmental Protection Act is amended by 
changing Section 9 as follows:
 
    (415 ILCS 5/9)  (from Ch. 111 1/2, par. 1009)
    Sec. 9. Acts prohibited. No person shall:
    (a) Cause or threaten or allow the discharge or emission 
of any contaminant into the environment in any State so as to 
cause or tend to cause air pollution in Illinois, either alone 
or in combination with contaminants from other sources, or so 
as to violate regulations or standards adopted by the Board 
under this Act.
    (b) Construct, install, or operate any equipment, 
facility, vehicle, vessel, or aircraft capable of causing or 
contributing to air pollution or designed to prevent air 
pollution, of any type designated by Board regulations, (1) 
without a permit granted by the Agency unless otherwise exempt 
by this Act or Board regulations or (2) in violation of any 
conditions imposed by such permit.
    (c) Cause or allow the open burning of refuse, conduct any 
salvage operation by open burning, or cause or allow the 
burning of any refuse in any chamber not specifically designed 
for the purpose and approved by the Agency pursuant to 
regulations adopted by the Board under this Act; except that 
the Board may adopt regulations permitting open burning of 
refuse in certain cases upon a finding that no harm will result 
from such burning, or that any alternative method of disposing 
of such refuse would create a safety hazard so extreme as to 
justify the pollution that would result from such burning.
    (d) Sell, offer, or use any fuel or other article in any 
areas in which the Board may by regulation forbid its sale, 
offer, or use for reasons of air-pollution control.
    (e) Use, cause or allow the spraying of loose asbestos for 
the purpose of fireproofing or insulating any building or 
building material or other constructions, or otherwise use 
asbestos in such unconfined manner as to permit asbestos 
fibers or particles to pollute the air.
    (f) Commencing July 1, 1985, sell any used oil for burning 
or incineration in any incinerator, boiler, furnace, burner or 
other equipment unless such oil meets standards based on 
virgin fuel oil or re-refined oil, as defined in ASTM D-396 or 
specifications under VV-F-815C promulgated pursuant to the 
federal Energy Policy and Conservation Act, and meets the 
manufacturer's and current NFDA code standards for which such 
incinerator, boiler, furnace, burner or other equipment was 
approved, except that this prohibition does not apply to a 
sale to a permitted used oil re-refining or reprocessing 
facility or sale to a facility permitted by the Agency to burn 
or incinerate such oil.
    Nothing herein shall limit the effect of any section of 
this Title with respect to any form of asbestos, or the 
spraying of any form of asbestos, or limit the power of the 
Board under this Title to adopt additional and further 
regulations with respect to any form of asbestos, or the 
spraying of any form of asbestos.
    This Section shall not limit the burning of landscape 
waste upon the premises where it is produced or at sites 
provided and supervised by any unit of local government, 
except within any county having a population of more than 
400,000. Nothing in this Section shall prohibit the burning of 
landscape waste for agricultural purposes, habitat management 
(including but not limited to forest and prairie reclamation), 
or firefighter training. For the purposes of this Act, the 
burning of landscape waste by production nurseries shall be 
considered to be burning for agricultural purposes. 
    Nothing in this Section shall prohibit the burning of 
landscape waste by a person engaged in the business of tree 
removal, at the person's registered place of business, 
provided that the burning activity (i) is located in a county 
with a population of 50,000 or less, (ii) is more than 1,000 
feet from the nearest residence, (iii) is not located in an 
area with a PM2.5 design value greater than 9 micrograms per 
cubic meter, (iv) is not located in an area of environmental 
justice concern, as determined by the Agency's EJ Start tool, 
and (v) is conducted in accordance with all federal, State, 
and local laws and ordinances. 
    Any grain elevator located outside of a major population 
area, as defined in Section 211.3610 of Title 35 of the 
Illinois Administrative Code, shall be exempt from the 
requirements of Section 212.462 of Title 35 of the Illinois 
Administrative Code provided that the elevator: (1) does not 
violate the prohibitions of subsection (a) of this Section or 
have a certified investigation, as defined in Section 211.970 
of Title 35 of the Illinois Administrative Code, on file with 
the Agency and (2) is not required to obtain a Clean Air Act 
Permit Program permit pursuant to Section 39.5. 
Notwithstanding the above exemption, new stationary source 
performance standards for grain elevators, established 
pursuant to Section 9.1 of this Act and Section 111 of the 
federal Clean Air Act, shall continue to apply to grain 
elevators.
(Source: P.A. 97-95, eff. 7-12-11.)