(415 ILCS 5/7.2)
(from Ch. 111 1/2, par. 1007.2)
Identical in substance rulemakings.
(a) In the context of a mandate that the Board adopt regulations
to secure federal authorization for a program, regulations that are
"identical in substance" means State regulations which require the same
actions with respect to protection of the environment, by the same group of
affected persons, as would federal regulations if USEPA administered
the subject program in Illinois. After consideration of comments from the
USEPA, the Agency, the Attorney General and the public, the Board shall
adopt the verbatim text of such USEPA regulations as are necessary and
appropriate for authorization of the program. In adopting "identical in
substance" regulations, the only changes that may be made by the Board to
the federal regulations are those changes that are necessary for compliance
with the Illinois Administrative Code, and technical changes that in no way
change the scope or meaning of any portion of the regulations, except as
(1) The Board shall not adopt the equivalent of USEPA
rules that are not applicable to persons or facilities in Illinois, that govern the program authorization process, that are appropriate only in USEPA-administered programs, or that govern actions to be taken by USEPA, other federal agencies or other states.
(2) The Board shall not adopt rules prescribing
things which are outside the Board's normal functions, such as rules specifying staffing or funding requirements for programs.
(3) If a USEPA rule prescribes the contents of a
State regulation without setting forth the regulation itself, which would be an integral part of any regulation required to be adopted as an "identical in substance" regulation as defined in this Section, the Board shall adopt a regulation as prescribed, to the extent possible consistent with other relevant USEPA regulations and existing State law. The Board may not use this subsection to adopt any regulation which is a required rule as that term is defined by Section 28.2 of this Act. To the extent practicable, the Board in its proposed and adopted opinion shall include its rationale for adopting such regulation.
(4) Pursuant to subsection (a) of Section 5-75 of the
Illinois Administrative Procedure Act, the Board may incorporate USEPA rules by reference where it is possible to do so without causing confusion to the affected public.
(5) If USEPA intends to retain decision-making
authority for a portion of the program, the Board regulation shall so specify. In addition, the Board regulation shall specify whether a decision is to be made by the Board, the Agency or some other State agency, based upon the general division of functions within this Act and other Illinois statutes.
(6) Wherever appropriate, the Board regulations shall
reflect any consistent, more stringent regulations adopted pursuant to the rulemaking requirements of Title VII of this Act and Section 5-35 of the Illinois Administrative Procedure Act.
(7) The Board may correct apparent typographical and
grammatical errors in USEPA rules.
(b) In adopting regulations that are "identical in substance" with
specified federal regulations under subsection (c) of Section 13, Section
13.3, Section 17.5, subsection (a) or (d) of Section 22.4, subsection
(a) of Section 22.7, or subsection (a) of Section 22.40, subsection (H) of Section 10, or specified
federal determinations under subsection
(e) of Section 9.1, the Board shall complete its rulemaking proceedings
within one year after the adoption of the corresponding federal rule. If
the Board consolidates multiple federal rulemakings into a single Board
rulemaking, the one-year period shall be calculated from the adoption date
of the federal rule first adopted among those consolidated.
After adopting an "identical in substance" rule, if the Board determines
that an amendment is needed to that rule, the Board shall initiate a
rulemaking proceeding to propose such amendment. The amendment shall be
adopted within one year of the initiation of the Board's determination.
Additionally, if the Board, after adopting an "identical in substance" rule,
determines that a technical correction to that rule is needed, the Board
may initiate an application for certification of correction under Section
5-85 of the Illinois Administrative Procedure Act.
The one-year period may be extended by the Board for an additional period
of time if necessary to complete the rulemaking proceeding. In order to
extend the one-year period, the Board must make a finding, based upon the
record in the rulemaking proceeding, that the one-year period is
insufficient for completion of the rulemaking, and such finding shall
specifically state the reasons for the extension. Except as otherwise
provided above, the Board must make the
finding that an extension of time is necessary prior to the expiration of
the initial one-year period, and must also publish a notice of extension in
the Illinois Register as expeditiously as practicable following its
decision, stating the specific reasons for the Board's decision
to extend. The notice of extension need not appear in the Illinois
Register prior to the expiration of the initial one year period and shall
specify a date certain by which the Board anticipates completion of the
rulemaking, except that if a date certain cannot be specified because of a
need to delay adoption pending occurrence of an event beyond the Board's
control, the notice shall specify the event, explain its circumstances, and
contain an estimate of the amount of time needed to complete the rulemaking
after the occurrence of the specified event.
(Source: P.A. 97-945, eff. 8-10-12.)