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Public Act 095-0460
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| SB1419 Enrolled |
LRB095 01629 CMK 21631 b |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Environmental Protection Act is amended by |
changing Section 10 as follows:
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(415 ILCS 5/10) (from Ch. 111 1/2, par. 1010)
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Sec. 10. Regulations.
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(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:
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(a) Ambient air quality standards specifying the |
maximum permissible
short-term and long-term |
concentrations of various contaminants in the
atmosphere;
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(b) Emission standards specifying the maximum amounts |
or concentrations
of various contaminants that may be |
discharged into the atmosphere;
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(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
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pollution;
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(d) Standards and conditions regarding the sale, |
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offer, or use of any
fuel, vehicle, or other article |
determined by the Board to constitute an
air-pollution |
hazard;
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(e) Alert and abatement standards relative to |
air-pollution episodes or
emergencies constituting an |
acute danger to health or to the environment;
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(f) Requirements and procedures for the inspection of |
any equipment,
facility, vehicle, vessel, or aircraft that |
may cause or contribute to air
pollution;
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(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.
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(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
The Board shall adopt |
sulfur dioxide regulations and emission standards
for existing |
fuel combustion stationary emission sources located in all |
areas
of the State of Illinois, except the Chicago, St. Louis |
(Illinois) and Peoria
major metropolitan areas, in accordance |
with the following requirements:
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(1) that are required by federal law;
Such regulations |
shall not be more restrictive than necessary to
attain and |
maintain the "Primary National Ambient Air Quality |
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Standards for
Sulfur Dioxide" and within a reasonable time |
attain and maintain the "Secondary
National Ambient Air |
Quality Standards for Sulfur Dioxide."
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(2) that are otherwise part of the State's attainment |
plan and are necessary to attain the national ambient air |
quality standards; or
Such regulations shall be based upon |
ambient air quality monitoring
data insofar as possible, |
consistent with regulations of the United States
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Environmental Protection Agency. To the extent that air |
quality modeling
techniques are used for setting |
standards, such techniques shall be fully
described and |
documented in the record of the Board's rulemaking |
proceeding.
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(3) that are necessary to comply with the requirements |
of the federal Clean Air Act.
Such regulations shall |
provide a mechanism for the establishment of
emission |
standards applicable to a specific site as an alternative |
to a
more restrictive general emission standard. The Board |
shall delegate authority
to the Agency to determine such |
specific site emission standards, pursuant
to regulations |
adopted by the Board.
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(4) Such regulations and standards shall allow all |
available alternative
air quality control methods |
consistent with federal law and regulations.
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(C) The Board may not adopt any regulation banning the |
burning of landscape
waste throughout the State generally. The |
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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
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contaminants in sufficient quantities and of such |
characteristics and
duration as to be injurious to humans, |
plant, or animal life, or health.
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(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
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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.
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(E) The Board shall not adopt or enforce any regulation |
requiring the use
of a tarpaulin or other covering on a truck, |
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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.
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(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
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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.
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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
by USEPA.
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(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.
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