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| [ Senate Amendment 002 ] |
91_SB1391ham001
LRB9112340LDpram02
1 AMENDMENT TO SENATE BILL 1391
2 AMENDMENT NO. . Amend Senate Bill 1391 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Environmental Protection Act is amended
5 by adding Section 10.1 as follows:
6 (415 ILCS 5/10.1 new)
7 Sec 10.1. Limestone quarry and recycling operation;
8 fugitive dust control plan; rules. Within 180 days after the
9 effective date of this Section, the Agency shall review
10 existing rules relating to fugitive dust control plans for
11 operations in the PM10 nonattainment areas, as defined in
12 Section 212.324 of Title 35 of the Illinois Administrative
13 Code, that are crushed and broken limestone quarry
14 operations, asphalt pavement recycling operations that remain
15 at a single location for at least 12 months, or portland
16 cement concrete recycling operations that remain at a single
17 location for at least 12 months and propose to the Board
18 additional rules specifying in detail the required contents
19 of those plans. At a minimum, the rules shall (i) require
20 that a fugitive dust control plan provide safeguards to
21 protect the life, health, and safety of the residents of
22 areas surrounding subject operations, (ii) include a
-2- LRB9112340LDpram02
1 procedure under which a subject operation is required to
2 accept and respond to public comment and address public
3 concerns relating to fugitive dust control, (iii) require
4 subject operations to submit fugitive dust control plans
5 consistent with the rules as adopted by the Board within 90
6 days following adoption of the rules, (iv) require subject
7 operations, at their expense, to publish notice of the
8 opportunity for public review and comment on the proposed
9 fugitive dust control plans and make the plans available to
10 the public for review, (v) grant the Agency 180 days from its
11 receipt of the fugitive dust control plans to accept or
12 reject the plans after reviewing the public comments, (vi)
13 require resubmittal of such fugitive dust plans whenever
14 operations at the affected operation change in a manner that
15 renders the current fugitive dust plan no longer effective,
16 and (vii) require immediate implementation of the dust plan
17 upon submittal to the Agency. The Agency shall provide a
18 public hearing on such fugitive dust control plans when
19 required pursuant to Section 252.205 of Title 35 of the
20 Illinois Administrative Code. The Board shall consider and
21 adopt the proposed rules as expeditiously as may be
22 practical.
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.".