Bill Text: IL HB4881 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Environmental Protection Act. Specifies that certain air pollution control prohibitions in the Act do not apply to open burning that is conducted by a municipality or fire protection district to provide instruction in the methods of firefighting, to test equipment for extinguishing fires, or to conduct research in the control of fires, if the municipality or fire protection district secures and maintains liability insurance coverage in an amount deemed sufficient by the Environmental Protection Agency by rule.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB4881 Detail]

Download: Illinois-2023-HB4881-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4881 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED:
415 ILCS 5/9 from Ch. 111 1/2, par. 1009
Amends the Environmental Protection Act. Specifies that certain air pollution control prohibitions in the Act do not apply to open burning that is conducted by a municipality or fire protection district to provide instruction in the methods of firefighting, to test equipment for extinguishing fires, or to conduct research in the control of fires, if the municipality or fire protection district secures and maintains liability insurance coverage in an amount deemed sufficient by the Environmental Protection Agency by rule.
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A BILL FOR
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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 9 as follows:
(415 ILCS 5/9) (from Ch. 111 1/2, par. 1009)
Sec. 9. Acts prohibited. No person shall:
(a) Cause or threaten or allow the discharge or emission
of any contaminant into the environment in any State so as to
cause or tend to cause air pollution in Illinois, either alone
or in combination with contaminants from other sources, or so
as to violate regulations or standards adopted by the Board
under this Act.
(b) Construct, install, or operate any equipment,
facility, vehicle, vessel, or aircraft capable of causing or
contributing to air pollution or designed to prevent air
pollution, of any type designated by Board regulations, (1)
without a permit granted by the Agency unless otherwise exempt
by this Act or Board regulations or (2) in violation of any
conditions imposed by such permit.
(c) Cause or allow the open burning of refuse, conduct any
salvage operation by open burning, or cause or allow the
burning of any refuse in any chamber not specifically designed

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for the purpose and approved by the Agency pursuant to
regulations adopted by the Board under this Act; except that
the Board may adopt regulations permitting open burning of
refuse in certain cases upon a finding that no harm will result
from such burning, or that any alternative method of disposing
of such refuse would create a safety hazard so extreme as to
justify the pollution that would result from such burning.
(d) Sell, offer, or use any fuel or other article in any
areas in which the Board may by regulation forbid its sale,
offer, or use for reasons of air-pollution control.
(e) Use, cause or allow the spraying of loose asbestos for
the purpose of fireproofing or insulating any building or
building material or other constructions, or otherwise use
asbestos in such unconfined manner as to permit asbestos
fibers or particles to pollute the air.
(f) Commencing July 1, 1985, sell any used oil for burning
or incineration in any incinerator, boiler, furnace, burner or
other equipment unless such oil meets standards based on
virgin fuel oil or re-refined oil, as defined in ASTM D-396 or
specifications under VV-F-815C promulgated pursuant to the
federal Energy Policy and Conservation Act, and meets the
manufacturer's and current NFDA code standards for which such
incinerator, boiler, furnace, burner or other equipment was
approved, except that this prohibition does not apply to a
sale to a permitted used oil re-refining or reprocessing
facility or sale to a facility permitted by the Agency to burn

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or incinerate such oil.
Nothing herein shall limit the effect of any section of
this Title with respect to any form of asbestos, or the
spraying of any form of asbestos, or limit the power of the
Board under this Title to adopt additional and further
regulations with respect to any form of asbestos, or the
spraying of any form of asbestos.
This Section shall not limit the burning of landscape
waste upon the premises where it is produced or at sites
provided and supervised by any unit of local government,
except within any county having a population of more than
400,000. Nothing in this Section shall prohibit the burning of
landscape waste for agricultural purposes, habitat management
(including but not limited to forest and prairie reclamation),
or firefighter training. For the purposes of this Act, the
burning of landscape waste by production nurseries shall be
considered to be burning for agricultural purposes.
Any grain elevator located outside of a major population
area, as defined in Section 211.3610 of Title 35 of the
Illinois Administrative Code, shall be exempt from the
requirements of Section 212.462 of Title 35 of the Illinois
Administrative Code provided that the elevator: (1) does not
violate the prohibitions of subsection (a) of this Section or
have a certified investigation, as defined in Section 211.970
of Title 35 of the Illinois Administrative Code, on file with
the Agency and (2) is not required to obtain a Clean Air Act

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