(a) No person shall cause or allow the discharge or emission of lead from any facility: (i) so as to prevent the attainment or maintenance of the national primary ambient air quality standard for lead and its compounds, codified in Title 40, Section 50.16 of the Code of Federal Regulations (C.F.R.), as amended; or (ii) so as to cause or tend to cause air pollution, provided, however, that for purposes of this subsection (ii), lead emissions in compliance with a facility's state or federal air permit shall not constitute air pollution; or (iii) so as to prevent the attainment or maintenance of any applicable ambient air quality standard in violation of Title 35, Section 201.141 of the Illinois Administrative Code (I.A.C.), as amended, 40 C.F.R. Section 50.16, and any subsequent amendments to the national primary ambient air quality standard for lead and its compounds which are adopted and incorporated by reference and made part of this section as if fully set forth herein.
(b) For purposes of this section, nonattainment of the applicable ambient air quality standard for lead shall be determined using: data collected from a monitor operated by a federal, state, or local governmental entity; and, the calculation, sampling and analysis methods specified or referred to in 40 C.F.R. Part 50, Appendix R, as amended.
(c) Any person who owns or operates a facility subject to the toxic release inventory (T.R.I.) reporting requirements as codified in 40 C.F.R. Part 372, as amended, and reported total lead air emissions greater than or equal to one hundred pounds in a T.R.I. report in any of the five years preceding the current calendar year shall submit quarterly reports to the department, in the form prescribed by the commissioner, of the facility's estimated lead emissions during each quarter of the year. The report for the first quarter of each calendar year (January through March) is due on or before October 15th of the same calendar year; the report for the second quarter (April through June) is due on or before January 15th of the following calendar year; the report for the third quarter (July through September) is due on or before April 15th of the following calendar year; and, the report for the fourth quarter (October through December) is due on or before July 15th of the following calendar year. If the due date under this subsection falls on a Saturday, Sunday, or designated City of Chicago holiday, then the due date will be the first business day immediately following the Saturday, Sunday, or designated City of Chicago holiday. At a minimum, each quarterly report must contain the same information regarding the facility's estimated lead emissions as is required under 40 C.F.R. Section 372.85, as amended, except that the emission estimates will be on a quarterly basis. The person shall estimate its quarterly lead emissions using the same methodology that it uses for its annual T.R.I. report.
(Added Coun. J. 7-28-11, p. 4950, § 1; Amend Coun. J. 11-8-12, p. 38872, § 197)