Illinois General Assembly - Full Text of HB5094
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Full Text of HB5094  93rd General Assembly


Sen. Bill Brady

Filed: 5/11/2004





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2     AMENDMENT NO. ______. Amend House Bill 5094, AS AMENDED,
3 with reference to page and line numbers of Senate Amendment No.
4 1, on page 1, line 5, by replacing "3.135" with "3.135, 10,";
5 and
6 on page 8, immediately below line 29, by inserting the
7 following:
8     "(415 ILCS 5/10)  (from Ch. 111 1/2, par. 1010)
9     Sec. 10. Regulations.
10     (A) The Board, pursuant to procedures prescribed in Title
11 VII of this Act, may adopt regulations to promote the purposes
12 of this Title. Without limiting the generality of this
13 authority, such regulations may among other things prescribe:
14         (a) Ambient air quality standards specifying the
15     maximum permissible short-term and long-term
16     concentrations of various contaminants in the atmosphere;
17         (b) Emission standards specifying the maximum amounts
18     or concentrations of various contaminants that may be
19     discharged into the atmosphere;
20         (c) Standards for the issuance of permits for
21     construction, installation, or operation of any equipment,
22     facility, vehicle, vessel, or aircraft capable of causing
23     or contributing to air pollution or designed to prevent air
24     pollution;



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1         (d) Standards and conditions regarding the sale,
2     offer, or use of any fuel, vehicle, or other article
3     determined by the Board to constitute an air-pollution
4     hazard;
5         (e) Alert and abatement standards relative to
6     air-pollution episodes or emergencies constituting an
7     acute danger to health or to the environment;
8         (f) Requirements and procedures for the inspection of
9     any equipment, facility, vehicle, vessel, or aircraft that
10     may cause or contribute to air pollution;
11         (g) Requirements and standards for equipment and
12     procedures for monitoring contaminant discharges at their
13     sources, the collection of samples and the collection,
14     reporting and retention of data resulting from such
15     monitoring.
16     (B) The Board shall adopt sulfur dioxide regulations and
17 emission standards for existing fuel combustion stationary
18 emission sources located in all areas of the State of Illinois,
19 except the Chicago, St. Louis (Illinois) and Peoria major
20 metropolitan areas, in accordance with the following
21 requirements:
22         (1) Such regulations shall not be more restrictive than
23     necessary to attain and maintain the "Primary National
24     Ambient Air Quality Standards for Sulfur Dioxide" and
25     within a reasonable time attain and maintain the "Secondary
26     National Ambient Air Quality Standards for Sulfur
27     Dioxide."
28         (2) Such regulations shall be based upon ambient air
29     quality monitoring data insofar as possible, consistent
30     with regulations of the United States Environmental
31     Protection Agency. To the extent that air quality modeling
32     techniques are used for setting standards, such techniques
33     shall be fully described and documented in the record of
34     the Board's rulemaking proceeding.



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1         (3) Such regulations shall provide a mechanism for the
2     establishment of emission standards applicable to a
3     specific site as an alternative to a more restrictive
4     general emission standard. The Board shall delegate
5     authority to the Agency to determine such specific site
6     emission standards, pursuant to regulations adopted by the
7     Board.
8         (4) Such regulations and standards shall allow all
9     available alternative air quality control methods
10     consistent with federal law and regulations.
11     (C) The Board may not adopt any regulation banning the
12 burning of landscape waste throughout the State generally. The
13 Board may, by regulation, restrict or prohibit the burning of
14 landscape waste within any geographical area of the State if it
15 determines based on medical and biological evidence generally
16 accepted by the scientific community that such burning will
17 produce in the atmosphere of that geographical area
18 contaminants in sufficient quantities and of such
19 characteristics and duration as to be injurious to humans,
20 plant, or animal life, or health.
21     (D) The Board shall adopt regulations requiring the owner
22 or operator of a gasoline dispensing system that dispenses more
23 than 10,000 gallons of gasoline per month to install and
24 operate a system for the recovery of gasoline vapor emissions
25 arising from the fueling of motor vehicles that meets the
26 requirements of Section 182 of the federal Clean Air Act (42
27 USC 7511a). These regulations shall apply only in areas of the
28 State that are classified as moderate, serious, severe or
29 extreme nonattainment areas for ozone pursuant to Section 181
30 of the federal Clean Air Act (42 USC 7511), but shall not apply
31 in such areas classified as moderate nonattainment areas for
32 ozone if the Administrator of the U.S. Environmental Protection
33 Agency promulgates standards for vehicle-based (onboard)
34 systems for the control of vehicle refueling emissions pursuant



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1 to Section 202(a)(6) of the federal Clean Air Act (42 USC
2 7521(a)(6)) by November 15, 1992.
3     (E) The Board shall not adopt or enforce any regulation
4 requiring the use of a tarpaulin or other covering on a truck,
5 trailer, or other vehicle that is stricter than the
6 requirements of Section 15-109.1 of the Illinois Vehicle Code.
7 To the extent that it is in conflict with this subsection, the
8 Board's rule codified as 35 Ill. Admin. Code, Section 212.315
9 is hereby superseded.
10     (F) Any person who prior to June 8, 1988, has filed a
11 timely Notice of Intent to Petition for an Adjusted RACT
12 Emissions Limitation and who subsequently timely files a
13 completed petition for an adjusted RACT emissions limitation
14 pursuant to 35 Ill. Adm. Code, Part 215, Subpart I, shall be
15 subject to the procedures contained in Subpart I but shall be
16 excluded by operation of law from 35 Ill. Adm. Code, Part 215,
17 Subparts PP, QQ and RR, including the applicable definitions in
18 35 Ill. Adm. Code, Part 211. Such persons shall instead be
19 subject to a separate regulation which the Board is hereby
20 authorized to adopt pursuant to the adjusted RACT emissions
21 limitation procedure in 35 Ill. Adm. Code, Part 215, Subpart I.
22 In its final action on the petition, the Board shall create a
23 separate rule which establishes Reasonably Available Control
24 Technology (RACT) for such person. The purpose of this
25 procedure is to create separate and independent regulations for
26 purposes of SIP submittal, review, and approval by USEPA.
27     (G) Subpart FF of Subtitle B, Title 35 Ill. Adm. Code,
28 Sections 218.720 through 218.730 and Sections 219.720 through
29 219.730, are hereby repealed by operation of law and are
30 rendered null and void and of no force and effect.
31     (H) Notwithstanding anything to the contrary in Title 35 of
32 the Illinois Administrative Code, Subtitle B, Section 212.206,
33 the limits of the federal Standards of Performance for Small
34 Industrial-Commercial-Institutional Steam Generating Units (40



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1 CFR 60, Subpart Dc) establish the emissions limits for
2 non-hazardous air pollutants applicable to greenhouse boilers
3 in existence prior to January 1, 2004, located in Texas
4 Township, Dewitt County, provided that nothing in this Section
5 alters any emission limits established pursuant to the federal
6 Prevention of Significant Deterioration Program (40 CFR
7 52.21).
8 (Source: P.A. 88-381; 89-79, eff. 6-30-95.)".