Illinois General Assembly - Full Text of HB4881
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Full Text of HB4881  103rd General Assembly



State of Illinois
2023 and 2024


Introduced 2/7/2024, by Rep. Dennis Tipsword, Jr.


415 ILCS 5/9  from Ch. 111 1/2, par. 1009

    Amends the Environmental Protection Act. Specifies that certain air pollution control prohibitions in the Act do not apply to open burning that is conducted by a municipality or fire protection district to provide instruction in the methods of firefighting, to test equipment for extinguishing fires, or to conduct research in the control of fires, if the municipality or fire protection district secures and maintains liability insurance coverage in an amount deemed sufficient by the Environmental Protection Agency by rule.

LRB103 36531 JAG 66638 b





HB4881LRB103 36531 JAG 66638 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Environmental Protection Act is amended by
5changing Section 9 as follows:
6    (415 ILCS 5/9)  (from Ch. 111 1/2, par. 1009)
7    Sec. 9. Acts prohibited. No person shall:
8    (a) Cause or threaten or allow the discharge or emission
9of any contaminant into the environment in any State so as to
10cause or tend to cause air pollution in Illinois, either alone
11or in combination with contaminants from other sources, or so
12as to violate regulations or standards adopted by the Board
13under this Act.
14    (b) Construct, install, or operate any equipment,
15facility, vehicle, vessel, or aircraft capable of causing or
16contributing to air pollution or designed to prevent air
17pollution, of any type designated by Board regulations, (1)
18without a permit granted by the Agency unless otherwise exempt
19by this Act or Board regulations or (2) in violation of any
20conditions imposed by such permit.
21    (c) Cause or allow the open burning of refuse, conduct any
22salvage operation by open burning, or cause or allow the
23burning of any refuse in any chamber not specifically designed



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1for the purpose and approved by the Agency pursuant to
2regulations adopted by the Board under this Act; except that
3the Board may adopt regulations permitting open burning of
4refuse in certain cases upon a finding that no harm will result
5from such burning, or that any alternative method of disposing
6of such refuse would create a safety hazard so extreme as to
7justify the pollution that would result from such burning.
8    (d) Sell, offer, or use any fuel or other article in any
9areas in which the Board may by regulation forbid its sale,
10offer, or use for reasons of air-pollution control.
11    (e) Use, cause or allow the spraying of loose asbestos for
12the purpose of fireproofing or insulating any building or
13building material or other constructions, or otherwise use
14asbestos in such unconfined manner as to permit asbestos
15fibers or particles to pollute the air.
16    (f) Commencing July 1, 1985, sell any used oil for burning
17or incineration in any incinerator, boiler, furnace, burner or
18other equipment unless such oil meets standards based on
19virgin fuel oil or re-refined oil, as defined in ASTM D-396 or
20specifications under VV-F-815C promulgated pursuant to the
21federal Energy Policy and Conservation Act, and meets the
22manufacturer's and current NFDA code standards for which such
23incinerator, boiler, furnace, burner or other equipment was
24approved, except that this prohibition does not apply to a
25sale to a permitted used oil re-refining or reprocessing
26facility or sale to a facility permitted by the Agency to burn



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1or incinerate such oil.
2    Nothing herein shall limit the effect of any section of
3this Title with respect to any form of asbestos, or the
4spraying of any form of asbestos, or limit the power of the
5Board under this Title to adopt additional and further
6regulations with respect to any form of asbestos, or the
7spraying of any form of asbestos.
8    This Section shall not limit the burning of landscape
9waste upon the premises where it is produced or at sites
10provided and supervised by any unit of local government,
11except within any county having a population of more than
12400,000. Nothing in this Section shall prohibit the burning of
13landscape waste for agricultural purposes, habitat management
14(including but not limited to forest and prairie reclamation),
15or firefighter training. For the purposes of this Act, the
16burning of landscape waste by production nurseries shall be
17considered to be burning for agricultural purposes.
18    Any grain elevator located outside of a major population
19area, as defined in Section 211.3610 of Title 35 of the
20Illinois Administrative Code, shall be exempt from the
21requirements of Section 212.462 of Title 35 of the Illinois
22Administrative Code provided that the elevator: (1) does not
23violate the prohibitions of subsection (a) of this Section or
24have a certified investigation, as defined in Section 211.970
25of Title 35 of the Illinois Administrative Code, on file with
26the Agency and (2) is not required to obtain a Clean Air Act



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1Permit Program permit pursuant to Section 39.5.
2Notwithstanding the above exemption, new stationary source
3performance standards for grain elevators, established
4pursuant to Section 9.1 of this Act and Section 111 of the
5federal Clean Air Act, shall continue to apply to grain
7    This Section does not apply to open burning that is
8conducted by a municipality or fire protection district to
9provide instruction in the methods of firefighting, to test
10equipment for extinguishing fires, or to conduct research in
11the control of fires, if the municipality or fire protection
12district secures and maintains liability insurance coverage in
13an amount deemed sufficient by the Agency by rule.
14(Source: P.A. 97-95, eff. 7-12-11.)