Rep. Norine K. Hammond

Filed: 4/12/2024

 

 


 

 


 
10300HB1837ham002LRB103 28087 BDA 71987 a

1
AMENDMENT TO HOUSE BILL 1837

2    AMENDMENT NO. ______. Amend House Bill 1837, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Environmental Protection Act is amended by
6changing Section 9 as follows:
 
7    (415 ILCS 5/9)  (from Ch. 111 1/2, par. 1009)
8    Sec. 9. Acts prohibited. No person shall:
9    (a) Cause or threaten or allow the discharge or emission
10of any contaminant into the environment in any State so as to
11cause or tend to cause air pollution in Illinois, either alone
12or in combination with contaminants from other sources, or so
13as to violate regulations or standards adopted by the Board
14under this Act.
15    (b) Construct, install, or operate any equipment,
16facility, vehicle, vessel, or aircraft capable of causing or

 

 

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1contributing to air pollution or designed to prevent air
2pollution, of any type designated by Board regulations, (1)
3without a permit granted by the Agency unless otherwise exempt
4by this Act or Board regulations or (2) in violation of any
5conditions imposed by such permit.
6    (c) Cause or allow the open burning of refuse, conduct any
7salvage operation by open burning, or cause or allow the
8burning of any refuse in any chamber not specifically designed
9for the purpose and approved by the Agency pursuant to
10regulations adopted by the Board under this Act; except that
11the Board may adopt regulations permitting open burning of
12refuse in certain cases upon a finding that no harm will result
13from such burning, or that any alternative method of disposing
14of such refuse would create a safety hazard so extreme as to
15justify the pollution that would result from such burning.
16    (d) Sell, offer, or use any fuel or other article in any
17areas in which the Board may by regulation forbid its sale,
18offer, or use for reasons of air-pollution control.
19    (e) Use, cause or allow the spraying of loose asbestos for
20the purpose of fireproofing or insulating any building or
21building material or other constructions, or otherwise use
22asbestos in such unconfined manner as to permit asbestos
23fibers or particles to pollute the air.
24    (f) Commencing July 1, 1985, sell any used oil for burning
25or incineration in any incinerator, boiler, furnace, burner or
26other equipment unless such oil meets standards based on

 

 

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1virgin fuel oil or re-refined oil, as defined in ASTM D-396 or
2specifications under VV-F-815C promulgated pursuant to the
3federal Energy Policy and Conservation Act, and meets the
4manufacturer's and current NFDA code standards for which such
5incinerator, boiler, furnace, burner or other equipment was
6approved, except that this prohibition does not apply to a
7sale to a permitted used oil re-refining or reprocessing
8facility or sale to a facility permitted by the Agency to burn
9or incinerate such oil.
10    Nothing herein shall limit the effect of any section of
11this Title with respect to any form of asbestos, or the
12spraying of any form of asbestos, or limit the power of the
13Board under this Title to adopt additional and further
14regulations with respect to any form of asbestos, or the
15spraying of any form of asbestos.
16    This Section shall not limit the burning of landscape
17waste upon the premises where it is produced or at sites
18provided and supervised by any unit of local government,
19except within any county having a population of more than
20400,000. Nothing in this Section shall prohibit the burning of
21landscape waste for agricultural purposes, habitat management
22(including but not limited to forest and prairie reclamation),
23or firefighter training. For the purposes of this Act,
24"burning of landscape waste for agricultural purposes"
25includes (i) the burning of landscape waste by production
26nurseries and (ii) the burning of landscape waste in a county

 

 

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1with a population of 50,000 or less and more than 750 feet from
2the nearest residence by a person engaged in the business of
3tree removal shall be considered to be burning for
4agricultural purposes.
5    Any grain elevator located outside of a major population
6area, as defined in Section 211.3610 of Title 35 of the
7Illinois Administrative Code, shall be exempt from the
8requirements of Section 212.462 of Title 35 of the Illinois
9Administrative Code provided that the elevator: (1) does not
10violate the prohibitions of subsection (a) of this Section or
11have a certified investigation, as defined in Section 211.970
12of Title 35 of the Illinois Administrative Code, on file with
13the Agency and (2) is not required to obtain a Clean Air Act
14Permit Program permit pursuant to Section 39.5.
15Notwithstanding the above exemption, new stationary source
16performance standards for grain elevators, established
17pursuant to Section 9.1 of this Act and Section 111 of the
18federal Clean Air Act, shall continue to apply to grain
19elevators.
20(Source: P.A. 97-95, eff. 7-12-11.)".