Illinois Compiled Statutes
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415 ILCS 5/10
(415 ILCS 5/10)
(from Ch. 111 1/2, par. 1010)
(A) The Board, pursuant to procedures prescribed in Title VII of
this Act, may adopt regulations to promote the purposes of this Title.
Without limiting the generality of this authority, such regulations may
among other things prescribe:
(b) Emission standards specifying the maximum amounts
or concentrations of various contaminants that may be discharged into the atmosphere;
(c) Standards for the issuance of permits for
construction, installation, or operation of any equipment, facility, vehicle, vessel, or aircraft capable of causing or contributing to air pollution or designed to prevent air pollution;
(d) Standards and conditions regarding the sale,
offer, or use of any fuel, vehicle, or other article determined by the Board to constitute an air-pollution hazard;
(e) Alert and abatement standards relative to
air-pollution episodes or emergencies constituting an acute danger to health or to the environment;
(f) Requirements and procedures for the inspection of
any equipment, facility, vehicle, vessel, or aircraft that may cause or contribute to air pollution;
(g) Requirements and standards for equipment and
procedures for monitoring contaminant discharges at their sources, the collection of samples and the collection, reporting and retention of data resulting from such monitoring.
(B) The Board may adopt regulations and emission standards that are applicable or that may become applicable to stationary emission sources located in all areas of the State in accordance with any of the following:
(1) that are required by federal law;
(2) that are otherwise part of the State's attainment
plan and are necessary to attain the national ambient air quality standards; or
(3) that are necessary to comply with the
requirements of the federal Clean Air Act.
(C) The Board may not adopt any regulation banning the burning of landscape
waste throughout the State generally. The Board may, by regulation, restrict
or prohibit the burning of landscape waste within
any geographical area of the State if it determines based on medical and
biological evidence generally accepted by the scientific community that
such burning will produce in the atmosphere of that geographical area
contaminants in sufficient quantities and of such characteristics and
duration as to be injurious to humans, plant, or animal life, or health.
(D) The Board shall adopt regulations requiring the owner or operator of
a gasoline dispensing system that dispenses more than 10,000 gallons of
gasoline per month to install and operate a system for the recovery of
gasoline vapor emissions arising from the fueling of motor vehicles that
meets the requirements of Section 182 of the federal Clean Air Act (42 USC
7511a). These regulations shall apply only in areas of the State that are
classified as moderate, serious, severe or extreme nonattainment areas for
ozone pursuant to Section 181 of the federal Clean Air Act (42 USC 7511),
but shall not apply in such areas classified as moderate nonattainment
areas for ozone if the Administrator of the U.S. Environmental Protection
Agency promulgates standards for vehicle-based (onboard) systems for the
control of vehicle refueling emissions pursuant to Section 202(a)(6) of the
federal Clean Air Act (42 USC 7521(a)(6)) by November 15, 1992.
(E) The Board shall not adopt or enforce any regulation requiring the use
of a tarpaulin or other covering on a truck, trailer, or other vehicle that is
stricter than the requirements of Section 15-109.1 of the Illinois Vehicle
Code. To the extent that it is in conflict with this subsection, the Board's
rule codified as 35 Ill. Admin. Code, Section 212.315 is hereby superseded.
(F) Any person who prior to June 8, 1988, has filed a timely Notice of
Intent to Petition for an Adjusted RACT Emissions Limitation and who
subsequently timely files a completed petition for an adjusted RACT
emissions limitation pursuant to 35 Ill. Adm. Code, Part 215, Subpart I,
shall be subject to the procedures contained in Subpart I but shall be
excluded by operation of law from 35 Ill. Adm. Code, Part 215, Subparts PP,
QQ and RR, including the applicable definitions in 35 Ill. Adm. Code, Part
211. Such persons shall instead be subject to a separate regulation which
the Board is hereby authorized to adopt pursuant to the adjusted RACT
emissions limitation procedure in 35 Ill. Adm. Code, Part 215, Subpart I.
In its final action on the petition, the Board shall create a separate rule
which establishes Reasonably Available Control Technology (RACT) for such
person. The purpose of this procedure is to create separate and
independent regulations for purposes of SIP submittal, review, and approval
(G) Subpart FF of Subtitle B, Title 35 Ill. Adm. Code, Sections 218.720
through 218.730 and Sections 219.720 through 219.730, are hereby repealed by
operation of law and are rendered null and void and of no force and effect.
(H) In accordance with subsection (b) of Section 7.2, the Board shall adopt ambient air quality standards specifying the maximum permissible short-term and long-term concentrations of various contaminants in the atmosphere; those standards shall be identical in substance to the national ambient air quality standards promulgated by the Administrator of the United States Environmental Protection Agency in accordance with Section 109 of the Clean Air Act. The Board may consolidate into a single rulemaking under this subsection all such federal regulations adopted within a period of time not to exceed 6 months. The provisions and requirements of Title VII of this Act and Section 5-35 of the Illinois Administrative Procedure Act, relating to procedures for rulemaking, shall not apply to identical in substance regulations adopted pursuant to this subsection. However, the Board shall provide for notice and public comment before adopted rules are filed with the Secretary of State. Nothing in this subsection shall be construed to limit the right of any person to submit a proposal to the Board, or the authority of the Board to adopt, air quality standards more stringent than the standards promulgated by the Administrator, pursuant to the rulemaking requirements of Title VII of this Act and Section 5-35 of the Illinois Administrative Procedure Act.
(Source: P.A. 97-945, eff. 8-10-12.)