Illinois General Assembly - Full Text of HB1837
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB1837  103rd General Assembly

HB1837sam001 103RD GENERAL ASSEMBLY

Sen. Neil Anderson

Filed: 5/7/2024

 

 


 

 


 
10300HB1837sam001LRB103 28087 BDA 73131 a

1
AMENDMENT TO HOUSE BILL 1837

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

 

 

10300HB1837sam001- 2 -LRB103 28087 BDA 73131 a

1pollution, of any type designated by Board regulations, (1)
2without a permit granted by the Agency unless otherwise exempt
3by this Act or Board regulations or (2) in violation of any
4conditions imposed by such permit.
5    (c) Cause or allow the open burning of refuse, conduct any
6salvage operation by open burning, or cause or allow the
7burning of any refuse in any chamber not specifically designed
8for the purpose and approved by the Agency pursuant to
9regulations adopted by the Board under this Act; except that
10the Board may adopt regulations permitting open burning of
11refuse in certain cases upon a finding that no harm will result
12from such burning, or that any alternative method of disposing
13of such refuse would create a safety hazard so extreme as to
14justify the pollution that would result from such burning.
15    (d) Sell, offer, or use any fuel or other article in any
16areas in which the Board may by regulation forbid its sale,
17offer, or use for reasons of air-pollution control.
18    (e) Use, cause or allow the spraying of loose asbestos for
19the purpose of fireproofing or insulating any building or
20building material or other constructions, or otherwise use
21asbestos in such unconfined manner as to permit asbestos
22fibers or particles to pollute the air.
23    (f) Commencing July 1, 1985, sell any used oil for burning
24or incineration in any incinerator, boiler, furnace, burner or
25other equipment unless such oil meets standards based on
26virgin fuel oil or re-refined oil, as defined in ASTM D-396 or

 

 

10300HB1837sam001- 3 -LRB103 28087 BDA 73131 a

1specifications under VV-F-815C promulgated pursuant to the
2federal Energy Policy and Conservation Act, and meets the
3manufacturer's and current NFDA code standards for which such
4incinerator, boiler, furnace, burner or other equipment was
5approved, except that this prohibition does not apply to a
6sale to a permitted used oil re-refining or reprocessing
7facility or sale to a facility permitted by the Agency to burn
8or incinerate such oil.
9    Nothing herein shall limit the effect of any section of
10this Title with respect to any form of asbestos, or the
11spraying of any form of asbestos, or limit the power of the
12Board under this Title to adopt additional and further
13regulations with respect to any form of asbestos, or the
14spraying of any form of asbestos.
15    This Section shall not limit the burning of landscape
16waste upon the premises where it is produced or at sites
17provided and supervised by any unit of local government,
18except within any county having a population of more than
19400,000. Nothing in this Section shall prohibit the burning of
20landscape waste for agricultural purposes, habitat management
21(including but not limited to forest and prairie reclamation),
22or firefighter training. For the purposes of this Act, the
23burning of landscape waste by production nurseries shall be
24considered to be burning for agricultural purposes.
25    Nothing in this Section shall prohibit the burning of
26landscape waste by a person engaged in the business of tree

 

 

10300HB1837sam001- 4 -LRB103 28087 BDA 73131 a

1removal, at the person's registered place of business,
2provided that the burning activity (i) is located in a county
3with a population of 50,000 or less, (ii) is more than 1,000
4feet from the nearest residence, (iii) is not located in an
5area with a PM2.5 design value greater than 9 micrograms per
6cubic meter, (iv) is not located in an area of environmental
7justice concern, as determined by the Agency's EJ Start tool,
8and (v) is conducted in accordance with all federal, State,
9and local laws and ordinances.
10    Any grain elevator located outside of a major population
11area, as defined in Section 211.3610 of Title 35 of the
12Illinois Administrative Code, shall be exempt from the
13requirements of Section 212.462 of Title 35 of the Illinois
14Administrative Code provided that the elevator: (1) does not
15violate the prohibitions of subsection (a) of this Section or
16have a certified investigation, as defined in Section 211.970
17of Title 35 of the Illinois Administrative Code, on file with
18the Agency and (2) is not required to obtain a Clean Air Act
19Permit Program permit pursuant to Section 39.5.
20Notwithstanding the above exemption, new stationary source
21performance standards for grain elevators, established
22pursuant to Section 9.1 of this Act and Section 111 of the
23federal Clean Air Act, shall continue to apply to grain
24elevators.
25(Source: P.A. 97-95, eff. 7-12-11.)".