Sen. Bill Brady

Filed: 5/26/2004

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 911

2     AMENDMENT NO. ______. Amend House Bill 911 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Environmental Protection Act is amended by
5 changing 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
9 VII of this Act, may adopt regulations to promote the purposes
10 of this Title. Without limiting the generality of this
11 authority, 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,
24     offer, or use of any fuel, vehicle, or other article

 

 

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1     determined by the Board to constitute an air-pollution
2     hazard;
3         (e) Alert and abatement standards relative to
4     air-pollution episodes or emergencies constituting an
5     acute danger to health or to the environment;
6         (f) Requirements and procedures for the inspection of
7     any equipment, facility, vehicle, vessel, or aircraft that
8     may cause or contribute to air pollution;
9         (g) Requirements and standards for equipment and
10     procedures for monitoring contaminant discharges at their
11     sources, the collection of samples and the collection,
12     reporting and retention of data resulting from such
13     monitoring.
14     (B) The Board shall adopt sulfur dioxide regulations and
15 emission standards for existing fuel combustion stationary
16 emission sources located in all areas of the State of Illinois,
17 except the Chicago, St. Louis (Illinois) and Peoria major
18 metropolitan areas, in accordance with the following
19 requirements:
20         (1) Such regulations shall not be more restrictive than
21     necessary to attain and maintain the "Primary National
22     Ambient Air Quality Standards for Sulfur Dioxide" and
23     within a reasonable time attain and maintain the "Secondary
24     National Ambient Air Quality Standards for Sulfur
25     Dioxide."
26         (2) Such regulations shall be based upon ambient air
27     quality monitoring data insofar as possible, consistent
28     with regulations of the United States Environmental
29     Protection Agency. To the extent that air quality modeling
30     techniques are used for setting standards, such techniques
31     shall be fully described and documented in the record of
32     the Board's rulemaking proceeding.
33         (3) Such regulations shall provide a mechanism for the
34     establishment of emission standards applicable to a

 

 

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1     specific site as an alternative to a more restrictive
2     general emission standard. The Board shall delegate
3     authority to the Agency to determine such specific site
4     emission standards, pursuant to regulations adopted by the
5     Board.
6         (4) Such regulations and standards shall allow all
7     available alternative air quality control methods
8     consistent with federal law and regulations.
9     (C) The Board may not adopt any regulation banning the
10 burning of landscape waste throughout the State generally. The
11 Board may, by regulation, restrict or prohibit the burning of
12 landscape waste within any geographical area of the State if it
13 determines based on medical and biological evidence generally
14 accepted by the scientific community that such burning will
15 produce in the atmosphere of that geographical area
16 contaminants in sufficient quantities and of such
17 characteristics and duration as to be injurious to humans,
18 plant, or animal life, or health.
19     (D) The Board shall adopt regulations requiring the owner
20 or operator of a gasoline dispensing system that dispenses more
21 than 10,000 gallons of gasoline per month to install and
22 operate a system for the recovery of gasoline vapor emissions
23 arising from the fueling of motor vehicles that meets the
24 requirements of Section 182 of the federal Clean Air Act (42
25 USC 7511a). These regulations shall apply only in areas of the
26 State that are classified as moderate, serious, severe or
27 extreme nonattainment areas for ozone pursuant to Section 181
28 of the federal Clean Air Act (42 USC 7511), but shall not apply
29 in such areas classified as moderate nonattainment areas for
30 ozone if the Administrator of the U.S. Environmental Protection
31 Agency promulgates standards for vehicle-based (onboard)
32 systems for the control of vehicle refueling emissions pursuant
33 to Section 202(a)(6) of the federal Clean Air Act (42 USC
34 7521(a)(6)) by November 15, 1992.

 

 

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1     (E) The Board shall not adopt or enforce any regulation
2 requiring the use of a tarpaulin or other covering on a truck,
3 trailer, or other vehicle that is stricter than the
4 requirements of Section 15-109.1 of the Illinois Vehicle Code.
5 To the extent that it is in conflict with this subsection, the
6 Board's rule codified as 35 Ill. Admin. Code, Section 212.315
7 is hereby superseded.
8     (F) Any person who prior to June 8, 1988, has filed a
9 timely Notice of Intent to Petition for an Adjusted RACT
10 Emissions Limitation and who subsequently timely files a
11 completed petition for an adjusted RACT emissions limitation
12 pursuant to 35 Ill. Adm. Code, Part 215, Subpart I, shall be
13 subject to the procedures contained in Subpart I but shall be
14 excluded by operation of law from 35 Ill. Adm. Code, Part 215,
15 Subparts PP, QQ and RR, including the applicable definitions in
16 35 Ill. Adm. Code, Part 211. Such persons shall instead be
17 subject to a separate regulation which the Board is hereby
18 authorized to adopt pursuant to the adjusted RACT emissions
19 limitation procedure in 35 Ill. Adm. Code, Part 215, Subpart I.
20 In its final action on the petition, the Board shall create a
21 separate rule which establishes Reasonably Available Control
22 Technology (RACT) for such person. The purpose of this
23 procedure is to create separate and independent regulations for
24 purposes of SIP submittal, review, and approval by USEPA.
25     (G) Subpart FF of Subtitle B, Title 35 Ill. Adm. Code,
26 Sections 218.720 through 218.730 and Sections 219.720 through
27 219.730, are hereby repealed by operation of law and are
28 rendered null and void and of no force and effect.
29     (H) Notwithstanding anything to the contrary in Title 35 of
30 the Illinois Administrative Code, Subtitle B, Section 212.206,
31 the limits of the federal Standards of Performance for Small
32 Industrial-Commercial-Institutional Steam Generating Units (40
33 CFR 60, Subpart Dc) establish the emissions limits for
34 non-hazardous air pollutants applicable to greenhouse boilers

 

 

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1 in existence prior to January 1, 2004, located in counties with
2 a population of 16,500 to 17,500, provided that nothing in this
3 Section alters any emission limits established pursuant to the
4 federal Prevention of Significant Deterioration Program (40
5 CFR 52.21).
6 (Source: P.A. 88-381; 89-79, eff. 6-30-95.)
 
7     Section 99. Effective date. This Act takes effect upon
8 becoming law.".