Sen. Bill Brady
Filed: 5/11/2004
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1 | AMENDMENT TO HOUSE BILL 5094
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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:
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8 | "(415 ILCS 5/10) (from Ch. 111 1/2, par. 1010)
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9 | Sec. 10. Regulations.
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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:
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14 | (a) Ambient air quality standards specifying the | ||||||
15 | maximum permissible
short-term and long-term | ||||||
16 | concentrations of various contaminants in the
atmosphere;
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17 | (b) Emission standards specifying the maximum amounts | ||||||
18 | or concentrations
of various contaminants that may be | ||||||
19 | discharged into the atmosphere;
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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
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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;
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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;
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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;
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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.
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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:
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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
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26 | National Ambient Air Quality Standards for Sulfur | ||||||
27 | Dioxide."
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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
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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.
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8 | (4) Such regulations and standards shall allow all | ||||||
9 | available alternative
air quality control methods | ||||||
10 | consistent with federal law and regulations.
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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
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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.
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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
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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.
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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.
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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
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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.
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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.
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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).
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8 | (Source: P.A. 88-381; 89-79, eff. 6-30-95.)".
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