Full Text of SB3672 97th General Assembly
SB3672 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB3672 Introduced 2/10/2012, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED: |
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415 ILCS 5/7.2 | from Ch. 111 1/2, par. 1007.2 |
415 ILCS 5/10 | from Ch. 111 1/2, par. 1010 |
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Amends the Environmental Protection Act. Limits the authority of the Illinois Pollution Control Board to prescribe ambient air quality standards for criteria air pollutants, such as Nitrogen Dioxide, if those standards are more exacting than the National Ambient Air Quality Standards set by the Administrator of the United States Environmental Protection Agency. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning 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 by | 5 | | changing Sections 7.2 and 10 as follows:
| 6 | | (415 ILCS 5/7.2) (from Ch. 111 1/2, par. 1007.2)
| 7 | | Sec. 7.2.
(a) In the context of a mandate that the Board | 8 | | adopt regulations
to secure federal authorization for a | 9 | | program, regulations that are
"identical in substance" means | 10 | | State regulations which require the same
actions with respect | 11 | | to protection of the environment, by the same group of
affected | 12 | | persons, as would federal regulations if USEPA administered
the | 13 | | subject program in Illinois. After consideration of comments | 14 | | from the
USEPA, the Agency, the Attorney General and the | 15 | | public, the Board shall
adopt the verbatim text of such USEPA | 16 | | regulations as are necessary and
appropriate for authorization | 17 | | of the program. In adopting "identical in
substance" | 18 | | regulations, the only changes that may be made by the Board to
| 19 | | the federal regulations are those changes that are necessary | 20 | | for compliance
with the Illinois Administrative Code, and | 21 | | technical changes that in no way
change the scope or meaning of | 22 | | any portion of the regulations, except as
follows:
| 23 | | (1) The Board shall not adopt the equivalent of USEPA |
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| 1 | | rules that are not
applicable to persons or facilities in | 2 | | Illinois, that govern the program
authorization process, | 3 | | that are appropriate only in USEPA-administered
programs, | 4 | | or that govern actions to be taken by USEPA, other federal
| 5 | | agencies or other states.
| 6 | | (2) The Board shall not adopt rules prescribing
things | 7 | | which are outside the Board's normal functions, such as | 8 | | rules
specifying staffing or funding requirements for | 9 | | programs.
| 10 | | (3) If a USEPA rule prescribes the contents of a State | 11 | | regulation
without setting forth the regulation itself, | 12 | | which would be an integral
part of any regulation required | 13 | | to be adopted as an "identical in substance"
regulation as | 14 | | defined in this Section, the Board shall adopt a
regulation | 15 | | as prescribed, to the extent possible consistent with other
| 16 | | relevant USEPA regulations and existing State law. The | 17 | | Board may not use
this subsection to adopt any regulation | 18 | | which is a required rule as that
term is defined by Section | 19 | | 28.2 of this Act. To the extent practicable,
the Board in | 20 | | its proposed and adopted opinion shall include its | 21 | | rationale
for adopting such regulation.
| 22 | | (4) Pursuant to subsection (a) of Section 5-75 of the
| 23 | | Illinois Administrative Procedure Act, the Board may | 24 | | incorporate USEPA rules by
reference where it is possible | 25 | | to do so without causing confusion to the
affected public.
| 26 | | (5) If USEPA intends to retain decision-making |
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| 1 | | authority for a portion
of the program, the Board | 2 | | regulation shall so specify. In addition, the
Board | 3 | | regulation shall specify whether a decision is to be made | 4 | | by the
Board, the Agency or some other State agency, based | 5 | | upon the general
division of functions within this Act and | 6 | | other Illinois statutes.
| 7 | | (6) Wherever appropriate, the Board regulations shall | 8 | | reflect any
consistent, more stringent regulations adopted | 9 | | pursuant to the rulemaking
requirements of Title VII of | 10 | | this Act and Section 5-35 of the
Illinois Administrative | 11 | | Procedure Act.
| 12 | | (7) The Board may correct apparent typographical and | 13 | | grammatical errors
in USEPA rules.
| 14 | | (b) In adopting regulations that are "identical in | 15 | | substance" with
specified federal regulations under subsection | 16 | | (c) of Section 13, Section
13.3, Section 17.5, subsection (a) | 17 | | or (d) of Section 22.4, subsection
(a) of Section 22.7, or | 18 | | subsection (a) of Section 22.40 , subsection (H) of Section 10 | 19 | | or specified
federal determinations under subsection
(e) of | 20 | | Section 9.1, the Board shall complete its rulemaking | 21 | | proceedings
within one year after the adoption of the | 22 | | corresponding federal rule. If
the Board consolidates multiple | 23 | | federal rulemakings into a single Board
rulemaking, the | 24 | | one-year period shall be calculated from the adoption date
of | 25 | | the federal rule first adopted among those consolidated.
After | 26 | | adopting an "identical in substance" rule, if the Board |
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| 1 | | determines
that an amendment is needed to that rule, the Board | 2 | | shall initiate a
rulemaking proceeding to propose such | 3 | | amendment. The amendment shall be
adopted within one year of | 4 | | the initiation of the Board's determination.
| 5 | | Additionally, if the Board, after adopting an "identical in | 6 | | substance" rule,
determines that a technical correction to that | 7 | | rule is needed, the Board
may initiate an application for | 8 | | certification of correction under Section
5-85 of the Illinois | 9 | | Administrative Procedure Act.
| 10 | | The one-year period may be extended by the Board for an | 11 | | additional period
of time if necessary to complete the | 12 | | rulemaking proceeding. In order to
extend the one-year period, | 13 | | the Board must make a finding, based upon the
record in the | 14 | | rulemaking proceeding, that the one-year period is
| 15 | | insufficient for completion of the rulemaking, and such finding | 16 | | shall
specifically state the reasons for the extension. Except | 17 | | as otherwise
provided above, the Board must make the
finding | 18 | | that an extension of time is necessary prior to the expiration | 19 | | of
the initial one-year period, and must also publish a notice | 20 | | of extension in
the Illinois Register as expeditiously as | 21 | | practicable following its
decision, stating the specific | 22 | | reasons for the Board's decision
to extend. The notice of | 23 | | extension need not appear in the Illinois
Register prior to the | 24 | | expiration of the initial one year period and shall
specify a | 25 | | date certain by which the Board anticipates completion of the
| 26 | | rulemaking, except that if a date certain cannot be specified |
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| 1 | | because of a
need to delay adoption pending occurrence of an | 2 | | event beyond the Board's
control, the notice shall specify the | 3 | | event, explain its circumstances, and
contain an estimate of | 4 | | the amount of time needed to complete the rulemaking
after the | 5 | | occurrence of the specified event.
| 6 | | (Source: P.A. 87-830; 88-45; 88-496.)
| 7 | | (415 ILCS 5/10) (from Ch. 111 1/2, par. 1010)
| 8 | | Sec. 10. Regulations.
| 9 | | (A) The Board, pursuant to procedures prescribed in Title | 10 | | VII of
this Act, may adopt regulations to promote the purposes | 11 | | of this Title.
Without limiting the generality of this | 12 | | authority, such regulations may
among other things prescribe:
| 13 | | (a) (Blank); Ambient air quality standards specifying | 14 | | the maximum permissible
short-term and long-term | 15 | | concentrations of various contaminants in the
atmosphere;
| 16 | | (b) Emission standards specifying the maximum amounts | 17 | | or concentrations
of various contaminants that may be | 18 | | discharged into the atmosphere;
| 19 | | (c) Standards for the issuance of permits for | 20 | | construction, installation,
or operation of any equipment, | 21 | | facility, vehicle, vessel, or aircraft capable
of causing | 22 | | or contributing to air pollution or designed to prevent air
| 23 | | pollution;
| 24 | | (d) Standards and conditions regarding the sale, | 25 | | 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 may adopt regulations and emission standards | 15 | | that are applicable or that may become applicable to stationary | 16 | | emission sources located in all areas of the State in | 17 | | accordance with any of the following:
| 18 | | (1) that are required by federal law;
| 19 | | (2) that are otherwise part of the State's attainment | 20 | | plan and are necessary to attain the national ambient air | 21 | | quality standards; or
| 22 | | (3) that are necessary to comply with the requirements | 23 | | of the federal Clean Air Act.
| 24 | | (C) The Board may not adopt any regulation banning the | 25 | | burning of landscape
waste throughout the State generally. The | 26 | | Board may, by regulation, restrict
or prohibit the burning of |
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| 1 | | landscape waste within
any geographical area of the State if it | 2 | | determines based on medical and
biological evidence generally | 3 | | accepted by the scientific community that
such burning will | 4 | | produce in the atmosphere of that geographical area
| 5 | | contaminants in sufficient quantities and of such | 6 | | characteristics and
duration as to be injurious to humans, | 7 | | plant, or animal life, or health.
| 8 | | (D) The Board shall adopt regulations requiring the owner | 9 | | or operator of
a gasoline dispensing system that dispenses more | 10 | | than 10,000 gallons of
gasoline per month to install and | 11 | | operate a system for the recovery of
gasoline vapor emissions | 12 | | arising from the fueling of motor vehicles that
meets the | 13 | | requirements of Section 182 of the federal Clean Air Act (42 | 14 | | USC
7511a). These regulations shall apply only in areas of the | 15 | | State that are
classified as moderate, serious, severe or | 16 | | extreme nonattainment areas for
ozone pursuant to Section 181 | 17 | | of the federal Clean Air Act (42 USC 7511),
but shall not apply | 18 | | in such areas classified as moderate nonattainment
areas for | 19 | | ozone if the Administrator of the U.S. Environmental Protection
| 20 | | Agency promulgates standards for vehicle-based (onboard) | 21 | | systems for the
control of vehicle refueling emissions pursuant | 22 | | to Section 202(a)(6) of the
federal Clean Air Act (42 USC | 23 | | 7521(a)(6)) by November 15, 1992.
| 24 | | (E) The Board shall not adopt or enforce any regulation | 25 | | requiring the use
of a tarpaulin or other covering on a truck, | 26 | | trailer, or other vehicle that is
stricter than the |
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| 1 | | requirements of Section 15-109.1 of the Illinois Vehicle
Code. | 2 | | To the extent that it is in conflict with this subsection, the | 3 | | Board's
rule codified as 35 Ill. Admin. Code, Section 212.315 | 4 | | is hereby superseded.
| 5 | | (F) Any person who prior to June 8, 1988, has filed a | 6 | | timely Notice of
Intent to Petition for an Adjusted RACT | 7 | | Emissions Limitation and who
subsequently timely files a | 8 | | completed petition for an adjusted RACT
emissions limitation | 9 | | pursuant to 35 Ill. Adm. Code, Part 215, Subpart I,
shall be | 10 | | subject to the procedures contained in Subpart I but shall be
| 11 | | excluded by operation of law from 35 Ill. Adm. Code, Part 215, | 12 | | Subparts PP,
QQ and RR, including the applicable definitions in | 13 | | 35 Ill. Adm. Code, Part
211. Such persons shall instead be | 14 | | subject to a separate regulation which
the Board is hereby | 15 | | authorized to adopt pursuant to the adjusted RACT
emissions | 16 | | limitation procedure in 35 Ill. Adm. Code, Part 215, Subpart I.
| 17 | | In its final action on the petition, the Board shall create a | 18 | | separate rule
which establishes Reasonably Available Control | 19 | | Technology (RACT) for such
person. The purpose of this | 20 | | procedure is to create separate and
independent regulations for | 21 | | purposes of SIP submittal, 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 | | (H) The Board shall adopt ambient air quality standards |
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| 1 | | specifying the maximum permissible short-term and long-term | 2 | | concentrations of various contaminants in the atmosphere; | 3 | | those standards shall be identical in substance to the national | 4 | | ambient air quality standards promulgated by the Administrator | 5 | | of the United States Environmental Protection Agency in | 6 | | accordance with Section 109 of the Clean Air Act. | 7 | | (Source: P.A. 95-460, eff. 8-27-07.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
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