Illinois General Assembly - Full Text of Public Act 095-0460
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Public Act 095-0460




Public Act 095-0460
SB1419 Enrolled LRB095 01629 CMK 21631 b

    AN ACT concerning safety.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Environmental Protection Act is amended by
changing Section 10 as follows:
    (415 ILCS 5/10)  (from Ch. 111 1/2, par. 1010)
    Sec. 10. Regulations.
    (A) The Board, pursuant to procedures prescribed in Title
VII of this Act, may adopt regulations to promote the purposes
of this Title. Without limiting the generality of this
authority, such regulations may among other things prescribe:
        (a) Ambient air quality standards specifying the
    maximum permissible short-term and long-term
    concentrations of various contaminants in the atmosphere;
        (b) Emission standards specifying the maximum amounts
    or concentrations of various contaminants that may be
    discharged into the atmosphere;
        (c) Standards for the issuance of permits for
    construction, installation, or operation of any equipment,
    facility, vehicle, vessel, or aircraft capable of causing
    or contributing to air pollution or designed to prevent air
        (d) Standards and conditions regarding the sale,
    offer, or use of any fuel, vehicle, or other article
    determined by the Board to constitute an air-pollution
        (e) Alert and abatement standards relative to
    air-pollution episodes or emergencies constituting an
    acute danger to health or to the environment;
        (f) Requirements and procedures for the inspection of
    any equipment, facility, vehicle, vessel, or aircraft that
    may cause or contribute to air pollution;
        (g) Requirements and standards for equipment and
    procedures for monitoring contaminant discharges at their
    sources, the collection of samples and the collection,
    reporting and retention of data resulting from such
    (B) The Board may adopt regulations and emission standards
that are applicable or that may become applicable to stationary
emission sources located in all areas of the State in
accordance with any of the following The Board shall adopt
sulfur dioxide regulations and emission standards for existing
fuel combustion stationary emission sources located in all
areas of the State of Illinois, except the Chicago, St. Louis
(Illinois) and Peoria major metropolitan areas, in accordance
with the following requirements:
        (1) that are required by federal law; Such regulations
    shall not be more restrictive than necessary to attain and
    maintain the "Primary National Ambient Air Quality
    Standards for Sulfur Dioxide" and within a reasonable time
    attain and maintain the "Secondary National Ambient Air
    Quality Standards for Sulfur Dioxide."
        (2) that are otherwise part of the State's attainment
    plan and are necessary to attain the national ambient air
    quality standards; or Such regulations shall be based upon
    ambient air quality monitoring data insofar as possible,
    consistent with regulations of the United States
    Environmental Protection Agency. To the extent that air
    quality modeling techniques are used for setting
    standards, such techniques shall be fully described and
    documented in the record of the Board's rulemaking
        (3) that are necessary to comply with the requirements
    of the federal Clean Air Act. Such regulations shall
    provide a mechanism for the establishment of emission
    standards applicable to a specific site as an alternative
    to a more restrictive general emission standard. The Board
    shall delegate authority to the Agency to determine such
    specific site emission standards, pursuant to regulations
    adopted by the Board.
        (4) Such regulations and standards shall allow all
    available alternative air quality control methods
    consistent with federal law and regulations.
    (C) The Board may not adopt any regulation banning the
burning of landscape waste throughout the State generally. The
Board may, by regulation, restrict or prohibit the burning of
landscape waste within any geographical area of the State if it
determines based on medical and biological evidence generally
accepted by the scientific community that such burning will
produce in the atmosphere of that geographical area
contaminants in sufficient quantities and of such
characteristics and duration as to be injurious to humans,
plant, or animal life, or health.
    (D) The Board shall adopt regulations requiring the owner
or operator of a gasoline dispensing system that dispenses more
than 10,000 gallons of gasoline per month to install and
operate a system for the recovery of gasoline vapor emissions
arising from the fueling of motor vehicles that meets the
requirements of Section 182 of the federal Clean Air Act (42
USC 7511a). These regulations shall apply only in areas of the
State that are classified as moderate, serious, severe or
extreme nonattainment areas for ozone pursuant to Section 181
of the federal Clean Air Act (42 USC 7511), but shall not apply
in such areas classified as moderate nonattainment areas for
ozone if the Administrator of the U.S. Environmental Protection
Agency promulgates standards for vehicle-based (onboard)
systems for the control of vehicle refueling emissions pursuant
to Section 202(a)(6) of the federal Clean Air Act (42 USC
7521(a)(6)) by November 15, 1992.
    (E) The Board shall not adopt or enforce any regulation
requiring the use of a tarpaulin or other covering on a truck,
trailer, or other vehicle that is stricter than the
requirements of Section 15-109.1 of the Illinois Vehicle Code.
To the extent that it is in conflict with this subsection, the
Board's rule codified as 35 Ill. Admin. Code, Section 212.315
is hereby superseded.
    (F) Any person who prior to June 8, 1988, has filed a
timely Notice of Intent to Petition for an Adjusted RACT
Emissions Limitation and who subsequently timely files a
completed petition for an adjusted RACT emissions limitation
pursuant to 35 Ill. Adm. Code, Part 215, Subpart I, shall be
subject to the procedures contained in Subpart I but shall be
excluded by operation of law from 35 Ill. Adm. Code, Part 215,
Subparts PP, QQ and RR, including the applicable definitions in
35 Ill. Adm. Code, Part 211. Such persons shall instead be
subject to a separate regulation which the Board is hereby
authorized to adopt pursuant to the adjusted RACT emissions
limitation procedure in 35 Ill. Adm. Code, Part 215, Subpart I.
In its final action on the petition, the Board shall create a
separate rule which establishes Reasonably Available Control
Technology (RACT) for such person. The purpose of this
procedure is to create separate and independent regulations for
purposes of SIP submittal, review, and approval by USEPA.
    (G) Subpart FF of Subtitle B, Title 35 Ill. Adm. Code,
Sections 218.720 through 218.730 and Sections 219.720 through
219.730, are hereby repealed by operation of law and are
rendered null and void and of no force and effect.
(Source: P.A. 88-381; 89-79, eff. 6-30-95.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/27/2007