Sen. Debbie DeFrancesco Halvorson

Filed: 3/19/2007





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2     AMENDMENT NO. ______. Amend Senate Bill 1419 by replacing
3 everything after the enacting clause with the following:
4     "Section 5. The Environmental Protection Act is amended by
5 changing Section 10 as follows:
6     (415 ILCS 5/10)  (from Ch. 111 1/2, par. 1010)
7     Sec. 10. Regulations.
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:
12         (a) Ambient air quality standards specifying the
13     maximum permissible short-term and long-term
14     concentrations of various contaminants in the atmosphere;
15         (b) Emission standards specifying the maximum amounts
16     or concentrations of various contaminants that may be



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1     discharged into the atmosphere;
2         (c) Standards for the issuance of permits for
3     construction, installation, or operation of any equipment,
4     facility, vehicle, vessel, or aircraft capable of causing
5     or contributing to air pollution or designed to prevent air
6     pollution;
7         (d) Standards and conditions regarding the sale,
8     offer, or use of any fuel, vehicle, or other article
9     determined by the Board to constitute an air-pollution
10     hazard;
11         (e) Alert and abatement standards relative to
12     air-pollution episodes or emergencies constituting an
13     acute danger to health or to the environment;
14         (f) Requirements and procedures for the inspection of
15     any equipment, facility, vehicle, vessel, or aircraft that
16     may cause or contribute to air pollution;
17         (g) Requirements and standards for equipment and
18     procedures for monitoring contaminant discharges at their
19     sources, the collection of samples and the collection,
20     reporting and retention of data resulting from such
21     monitoring.
22     (B) The Board may adopt regulations and emission standards
23 that are applicable or that may become applicable to stationary
24 emission sources located in all areas of the State in
25 accordance with any of the following The Board shall adopt
26 sulfur dioxide regulations and emission standards for existing



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1 fuel combustion stationary emission sources located in all
2 areas of the State of Illinois, except the Chicago, St. Louis
3 (Illinois) and Peoria major metropolitan areas, in accordance
4 with the following requirements:
5         (1) that are required by federal law; Such regulations
6     shall not be more restrictive than necessary to attain and
7     maintain the "Primary National Ambient Air Quality
8     Standards for Sulfur Dioxide" and within a reasonable time
9     attain and maintain the "Secondary National Ambient Air
10     Quality Standards for Sulfur Dioxide."
11         (2) that are otherwise part of the State's attainment
12     plan and are necessary to attain the national ambient air
13     quality standards; or Such regulations shall be based upon
14     ambient air quality monitoring data insofar as possible,
15     consistent with regulations of the United States
16     Environmental Protection Agency. To the extent that air
17     quality modeling techniques are used for setting
18     standards, such techniques shall be fully described and
19     documented in the record of the Board's rulemaking
20     proceeding.
21         (3) that are necessary to comply with the requirements
22     of the federal Clean Air Act. Such regulations shall
23     provide a mechanism for the establishment of emission
24     standards applicable to a specific site as an alternative
25     to a more restrictive general emission standard. The Board
26     shall delegate authority to the Agency to determine such



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



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1 ozone if the Administrator of the U.S. Environmental Protection
2 Agency promulgates standards for vehicle-based (onboard)
3 systems for the control of vehicle refueling emissions pursuant
4 to Section 202(a)(6) of the federal Clean Air Act (42 USC
5 7521(a)(6)) by November 15, 1992.
6     (E) The Board shall not adopt or enforce any regulation
7 requiring the use of a tarpaulin or other covering on a truck,
8 trailer, or other vehicle that is stricter than the
9 requirements of Section 15-109.1 of the Illinois Vehicle Code.
10 To the extent that it is in conflict with this subsection, the
11 Board's rule codified as 35 Ill. Admin. Code, Section 212.315
12 is hereby superseded.
13     (F) Any person who prior to June 8, 1988, has filed a
14 timely Notice of Intent to Petition for an Adjusted RACT
15 Emissions Limitation and who subsequently timely files a
16 completed petition for an adjusted RACT emissions limitation
17 pursuant to 35 Ill. Adm. Code, Part 215, Subpart I, shall be
18 subject to the procedures contained in Subpart I but shall be
19 excluded by operation of law from 35 Ill. Adm. Code, Part 215,
20 Subparts PP, QQ and RR, including the applicable definitions in
21 35 Ill. Adm. Code, Part 211. Such persons shall instead be
22 subject to a separate regulation which the Board is hereby
23 authorized to adopt pursuant to the adjusted RACT emissions
24 limitation procedure in 35 Ill. Adm. Code, Part 215, Subpart I.
25 In its final action on the petition, the Board shall create a
26 separate rule which establishes Reasonably Available Control



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1 Technology (RACT) for such person. The purpose of this
2 procedure is to create separate and independent regulations for
3 purposes of SIP submittal, review, and approval by USEPA.
4     (G) Subpart FF of Subtitle B, Title 35 Ill. Adm. Code,
5 Sections 218.720 through 218.730 and Sections 219.720 through
6 219.730, are hereby repealed by operation of law and are
7 rendered null and void and of no force and effect.
8 (Source: P.A. 88-381; 89-79, eff. 6-30-95.)
9     Section 99. Effective date. This Act takes effect upon
10 becoming law.".