|
|
||||
| Public Act 095-0460 |
||||
| ||||
| ||||
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 10 as follows:
| ||||
(415 ILCS 5/10) (from Ch. 111 1/2, par. 1010)
| ||||
Sec. 10. Regulations.
| ||||
(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:
| ||||
(a) Ambient air quality standards specifying the | ||||
maximum permissible
short-term and long-term | ||||
concentrations of various contaminants in the
atmosphere;
| ||||
(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
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:
| ||
(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 | ||
Standards for
Sulfur Dioxide" and within a reasonable time | ||
attain and maintain the "Secondary
National Ambient Air | ||
Quality Standards for Sulfur Dioxide."
| ||
(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
| ||
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.
| ||
(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.
| ||
(4) Such regulations and standards shall allow all | ||
available alternative
air quality control methods | ||
consistent with federal law and regulations.
| ||
(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
by USEPA.
| ||
(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.
| ||
(Source: P.A. 88-381; 89-79, eff. 6-30-95.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||