Sen. Bill Brady
Filed: 5/28/2004
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1 | AMENDMENT TO HOUSE BILL 911
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2 | AMENDMENT NO. ______. Amend House Bill 911, AS AMENDED, | ||||||
3 | with reference to page and line numbers of Senate Amendment 4, | ||||||
4 | on page 1, by replacing line 5 with the following:
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5 | "changing Section 10 and adding Section 10.1 as follows:
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6 | (415 ILCS 5/10) (from Ch. 111 1/2, par. 1010)
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7 | Sec. 10. Regulations.
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8 | (A) The Board, pursuant to procedures prescribed in Title | ||||||
9 | VII of
this Act, may adopt regulations to promote the purposes | ||||||
10 | of this Title.
Without limiting the generality of this | ||||||
11 | authority, such regulations may
among other things prescribe:
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12 | (a) Ambient air quality standards specifying the | ||||||
13 | maximum permissible
short-term and long-term | ||||||
14 | concentrations of various contaminants in the
atmosphere;
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15 | (b) Emission standards specifying the maximum amounts | ||||||
16 | or concentrations
of various contaminants that may be | ||||||
17 | discharged into the atmosphere;
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18 | (c) Standards for the issuance of permits for | ||||||
19 | construction, installation,
or operation of any equipment, | ||||||
20 | facility, vehicle, vessel, or aircraft capable
of causing | ||||||
21 | or contributing to air pollution or designed to prevent air
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22 | pollution;
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23 | (d) Standards and conditions regarding the sale, | ||||||
24 | offer, or use of any
fuel, vehicle, or other article |
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1 | determined by the Board to constitute an
air-pollution | ||||||
2 | hazard;
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3 | (e) Alert and abatement standards relative to | ||||||
4 | air-pollution episodes or
emergencies constituting an | ||||||
5 | acute danger to health or to the environment;
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6 | (f) Requirements and procedures for the inspection of | ||||||
7 | any equipment,
facility, vehicle, vessel, or aircraft that | ||||||
8 | may cause or contribute to air
pollution;
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9 | (g) Requirements and standards for equipment and | ||||||
10 | procedures for monitoring
contaminant discharges at their | ||||||
11 | sources, the collection of samples and the
collection, | ||||||
12 | reporting and retention of data resulting from such | ||||||
13 | monitoring.
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14 | (B) The Board shall adopt sulfur dioxide regulations and | ||||||
15 | emission standards
for existing fuel combustion stationary | ||||||
16 | emission sources located in all areas
of the State of Illinois, | ||||||
17 | except the Chicago, St. Louis (Illinois) and Peoria
major | ||||||
18 | metropolitan areas, in accordance with the following | ||||||
19 | requirements:
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20 | (1) Such regulations shall not be more restrictive than | ||||||
21 | necessary to
attain and maintain the "Primary National | ||||||
22 | Ambient Air Quality Standards for
Sulfur Dioxide" and | ||||||
23 | within a reasonable time attain and maintain the "Secondary
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24 | National Ambient Air Quality Standards for Sulfur | ||||||
25 | Dioxide."
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26 | (2) Such regulations shall be based upon ambient air | ||||||
27 | quality monitoring
data insofar as possible, consistent | ||||||
28 | with regulations of the United States
Environmental | ||||||
29 | Protection Agency. To the extent that air quality modeling
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30 | techniques are used for setting standards, such techniques | ||||||
31 | shall be fully
described and documented in the record of | ||||||
32 | the Board's rulemaking proceeding.
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33 | (3) Such regulations shall provide a mechanism for the | ||||||
34 | establishment of
emission standards applicable to a |
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1 | specific site as an alternative to a
more restrictive | ||||||
2 | general emission standard. The Board shall delegate | ||||||
3 | authority
to the Agency to determine such specific site | ||||||
4 | emission standards, pursuant
to regulations adopted by the | ||||||
5 | Board.
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6 | (4) Such regulations and standards shall allow all | ||||||
7 | available alternative
air quality control methods | ||||||
8 | consistent with federal law and regulations.
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9 | (C) The Board may not adopt any regulation banning the | ||||||
10 | burning of landscape
waste throughout the State generally. The | ||||||
11 | Board may, by regulation, restrict
or prohibit the burning of | ||||||
12 | landscape waste within
any geographical area of the State if it | ||||||
13 | determines based on medical and
biological evidence generally | ||||||
14 | accepted by the scientific community that
such burning will | ||||||
15 | produce in the atmosphere of that geographical area
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16 | contaminants in sufficient quantities and of such | ||||||
17 | characteristics and
duration as to be injurious to humans, | ||||||
18 | plant, or animal life, or health.
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19 | (D) The Board shall adopt regulations requiring the owner | ||||||
20 | or operator of
a gasoline dispensing system that dispenses more | ||||||
21 | than 10,000 gallons of
gasoline per month to install and | ||||||
22 | operate a system for the recovery of
gasoline vapor emissions | ||||||
23 | arising from the fueling of motor vehicles that
meets the | ||||||
24 | requirements of Section 182 of the federal Clean Air Act (42 | ||||||
25 | USC
7511a). These regulations shall apply only in areas of the | ||||||
26 | State that are
classified as moderate, serious, severe or | ||||||
27 | extreme nonattainment areas for
ozone pursuant to Section 181 | ||||||
28 | of the federal Clean Air Act (42 USC 7511),
but shall not apply | ||||||
29 | in such areas classified as moderate nonattainment
areas for | ||||||
30 | ozone if the Administrator of the U.S. Environmental Protection
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31 | Agency promulgates standards for vehicle-based (onboard) | ||||||
32 | systems for the
control of vehicle refueling emissions pursuant | ||||||
33 | to Section 202(a)(6) of the
federal Clean Air Act (42 USC | ||||||
34 | 7521(a)(6)) by November 15, 1992.
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1 | (E) The Board shall not adopt or enforce any regulation | ||||||
2 | requiring the use
of a tarpaulin or other covering on a truck, | ||||||
3 | trailer, or other vehicle that is
stricter than the | ||||||
4 | requirements of Section 15-109.1 of the Illinois Vehicle
Code. | ||||||
5 | To the extent that it is in conflict with this subsection, the | ||||||
6 | Board's
rule codified as 35 Ill. Admin. Code, Section 212.315 | ||||||
7 | is hereby superseded.
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8 | (F) Any person who prior to June 8, 1988, has filed a | ||||||
9 | timely Notice of
Intent to Petition for an Adjusted RACT | ||||||
10 | Emissions Limitation and who
subsequently timely files a | ||||||
11 | completed petition for an adjusted RACT
emissions limitation | ||||||
12 | pursuant to 35 Ill. Adm. Code, Part 215, Subpart I,
shall be | ||||||
13 | subject to the procedures contained in Subpart I but shall be
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14 | excluded by operation of law from 35 Ill. Adm. Code, Part 215, | ||||||
15 | Subparts PP,
QQ and RR, including the applicable definitions in | ||||||
16 | 35 Ill. Adm. Code, Part
211. Such persons shall instead be | ||||||
17 | subject to a separate regulation which
the Board is hereby | ||||||
18 | authorized to adopt pursuant to the adjusted RACT
emissions | ||||||
19 | limitation procedure in 35 Ill. Adm. Code, Part 215, Subpart I.
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20 | In its final action on the petition, the Board shall create a | ||||||
21 | separate rule
which establishes Reasonably Available Control | ||||||
22 | Technology (RACT) for such
person. The purpose of this | ||||||
23 | procedure is to create separate and
independent regulations for | ||||||
24 | purposes of SIP submittal, review, and approval
by USEPA.
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25 | (G) Subpart FF of Subtitle B, Title 35 Ill. Adm. Code, | ||||||
26 | Sections 218.720
through 218.730 and Sections 219.720 through | ||||||
27 | 219.730, are hereby repealed by
operation of law and are | ||||||
28 | rendered null and void and of no force and effect.
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29 | (H) Notwithstanding anything to the contrary in Title 35 of | ||||||
30 | the Illinois Administrative Code, Subtitle B, Section 212.206, | ||||||
31 | the limits of the federal Standards of Performance for Small | ||||||
32 | Industrial-Commercial-Institutional Steam Generating Units (40 | ||||||
33 | CFR 60, Subpart Dc) establish the emissions limits for | ||||||
34 | non-hazardous air pollutants applicable to greenhouse boilers |
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1 | in existence prior to January 1, 2004, located in counties with | ||||||
2 | a population of 16,500 to 17,500, provided that nothing in this | ||||||
3 | Section alters any emission limits established pursuant to the | ||||||
4 | federal Prevention of Significant Deterioration Program (40 | ||||||
5 | CFR 52.21).
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6 | (Source: P.A. 88-381; 89-79, eff. 6-30-95.)".
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