Public Act 097-0945
Public Act 0945 97TH GENERAL ASSEMBLY
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Public Act 097-0945
| | SB3672 Enrolled | LRB097 17982 JDS 63205 b |
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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 Illinois Administrative Procedure Act is | amended by changing Section 1-5 as follows:
| (5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
| Sec. 1-5. Applicability.
| (a) This Act applies to every agency as defined in this | Act.
Beginning January 1, 1978, in case of conflict between the | provisions of
this Act and the Act creating or conferring power | on an agency, this Act
shall control. If, however, an agency | (or its predecessor in the case of
an agency that has been | consolidated or reorganized) has existing procedures
on July 1, | 1977, specifically for contested cases or licensing, those | existing
provisions control, except that this exception | respecting contested
cases and licensing does not apply if the | Act creating or conferring
power on the agency adopts by | express reference the provisions of this
Act. Where the Act | creating or conferring power on an agency
establishes | administrative procedures not covered by this Act, those
| procedures shall remain in effect.
| (b) The provisions of this Act do not apply to (i) | preliminary
hearings, investigations, or practices where no |
| final determinations
affecting State funding are made by the | State Board of Education, (ii) legal
opinions issued under | Section 2-3.7 of the School Code, (iii) as to State
colleges | and universities, their disciplinary and grievance | proceedings,
academic irregularity and capricious grading | proceedings, and admission
standards and procedures, and (iv) | the class specifications for positions
and individual position | descriptions prepared and maintained under the
Personnel Code. | Those class specifications shall, however, be made
reasonably | available to the public for inspection and copying. The
| provisions of this Act do not apply to hearings under Section | 20 of the
Uniform Disposition of Unclaimed Property Act.
| (c) Section 5-35 of this Act relating to procedures for | rulemaking
does not apply to the following:
| (1) Rules adopted by the Pollution Control Board that, | in accordance
with Section 7.2 of the Environmental | Protection Act, are identical in
substance to federal | regulations or amendments to those regulations
| implementing the following: Sections 3001, 3002, 3003, | 3004, 3005, and 9003
of the Solid Waste Disposal Act; | Section 105 of the Comprehensive Environmental
Response, | Compensation, and Liability Act of 1980; Sections 307(b), | 307(c),
307(d), 402(b)(8), and 402(b)(9) of the Federal | Water Pollution Control
Act; and Sections 1412(b), | 1414(c), 1417(a), 1421, and 1445(a) of the Safe
Drinking | Water Act; and Section 109 of the Clean Air Act.
|
| (2) Rules adopted by the Pollution Control Board that | establish or
amend standards for the emission of | hydrocarbons and carbon monoxide from
gasoline powered | motor vehicles subject to inspection under the Vehicle | Emissions Inspection Law of 2005 or its predecessor laws.
| (3) Procedural rules adopted by the Pollution Control | Board governing
requests for exceptions under Section 14.2 | of the Environmental Protection Act.
| (4) The Pollution Control Board's grant, pursuant to an
| adjudicatory determination, of an adjusted standard for | persons who can
justify an adjustment consistent with | subsection (a) of Section 27 of
the Environmental | Protection Act.
| (5) Rules adopted by the Pollution Control Board that | are identical in
substance to the regulations adopted by | the Office of the State Fire
Marshal under clause (ii) of | paragraph (b) of subsection (3) of Section 2
of the | Gasoline Storage Act.
| (6) Rules adopted by the Illinois Pollution Control | Board under Section 9.14 of the Environmental Protection | Act. | (d) Pay rates established under Section 8a of the Personnel | Code
shall be amended or repealed pursuant to the process set | forth in Section
5-50 within 30 days after it becomes necessary | to do so due to a conflict
between the rates and the terms of a | collective bargaining agreement
covering the compensation of |
| an employee subject to that Code.
| (e) Section 10-45 of this Act shall not apply to any | hearing, proceeding,
or investigation conducted under Section | 13-515 of the Public Utilities Act.
| (f) Article 10 of this Act does not apply to any hearing, | proceeding, or
investigation conducted by the State Council for | the State of Illinois created
under Section 3-3-11.05 of the | Unified Code of Corrections or by the Interstate
Commission for | Adult Offender Supervision created under the
Interstate | Compact for Adult Offender Supervision or by the Interstate | Commission for Juveniles created under the Interstate Compact | for Juveniles.
| (g) This Act is subject to the provisions of Article XXI of
| the Public Utilities Act. To the extent that any provision of
| this Act conflicts with the provisions of that Article XXI, the
| provisions of that Article XXI control.
| (Source: P.A. 97-95, eff. 7-12-11.)
| Section 10. The Environmental Protection Act is amended by | changing Sections 7.2 and 10 as follows:
| (415 ILCS 5/7.2) (from Ch. 111 1/2, par. 1007.2)
| Sec. 7.2. 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
follows:
| (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. 87-830; 88-45; 88-496.)
| (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) (Blank); 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
| pollution;
| (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 | hazard;
| (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 |
| monitoring.
| (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:
| (1) that are required by federal law;
| (2) that are otherwise part of the State's attainment | plan and are necessary to attain the national ambient air | quality standards; or
| (3) that are necessary to comply with the requirements | of the federal Clean Air Act.
| (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.
| (H) In accordance with subsection (b) of Section 7.2, the | Board shall adopt ambient air quality standards specifying the | maximum permissible short-term and long-term concentrations of | various contaminants in the atmosphere; those standards shall | be identical in substance to the national ambient air quality | standards promulgated by the Administrator of the United States | Environmental Protection Agency in accordance with Section 109 | of the Clean Air Act. The Board may consolidate into a single | rulemaking under this subsection all such federal regulations | adopted within a period of time not to exceed 6 months. The | provisions and requirements of Title VII of this Act and | Section 5-35 of the Illinois Administrative Procedure Act, | relating to procedures for rulemaking, shall not apply to |
| identical in substance regulations adopted pursuant to this | subsection. However, the Board shall provide for notice and | public comment before adopted rules are filed with the | Secretary of State. Nothing in this subsection shall be | construed to limit the right of any person to submit a proposal | to the Board, or the authority of the Board to adopt, air | quality standards more stringent than the standards | promulgated by the Administrator, pursuant to the rulemaking | requirements of Title VII of this Act and Section 5-35 of the | Illinois Administrative Procedure Act. | (Source: P.A. 95-460, eff. 8-27-07.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 8/10/2012
|
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