Public Act 102-0243
 
SB0695 EnrolledLRB102 13997 CPF 19349 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 Sections 28.5 and 56.2 as follows:
 
    (415 ILCS 5/28.5)
    Sec. 28.5. Clean Air Act rules; fast-track.
    (a) This Section applies through December 31, 2026 2021
and applies solely to the adoption of rules proposed by the
Agency and required to be adopted by the State under the Clean
Air Act as amended by the Clean Air Act Amendments of 1990
(CAAA).
    (b) For purposes of this Section, a "fast-track"
rulemaking proceeding is a proceeding to promulgate a rule
that the CAAA requires to be adopted. For the purposes of this
Section, "requires to be adopted" refers only to those
regulations or parts of regulations for which the United
States Environmental Protection Agency is empowered to impose
sanctions against the State for failure to adopt such rules.
All fast-track rules must be adopted under procedures set
forth in this Section, unless another provision of this Act
specifies the method for adopting a specific rule.
    (c) When the CAAA requires rules other than identical in
substance rules to be adopted, upon request by the Agency, the
Board must adopt rules under fast-track rulemaking
requirements.
    (d) The Agency must submit its fast-track rulemaking
proposal in the following form:
        (1) The Agency must file the rule in a form that meets
    the requirements of the Illinois Administrative Procedure
    Act and regulations promulgated thereunder.
        (2) The cover sheet of the proposal shall prominently
    state that the rule is being proposed under this Section.
        (3) The proposal shall clearly identify the provisions
    and portions of the federal statute, regulations,
    guidance, policy statement, or other documents upon which
    the rule is based.
        (4) The supporting documentation for the rule shall
    summarize the basis of the rule.
        (5) The Agency must describe in general the
    alternative selected and the basis for the alternative.
        (6) The Agency must file a summary of economic and
    technical data upon which it relied in drafting the rule.
        (7) The Agency must provide a list of any documents
    upon which it directly relied in drafting the rule or upon
    which it intends to rely at the hearings and must provide
    such documents to the Board. Additionally, the Agency must
    make such documents available at an appropriate location
    for inspection and copying at the expense of the
    interested party.
        (8) The Agency must include in its submission a
    description of the geographical area to which the rule is
    intended to apply, a description of the process or
    processes affected, an identification by classes of the
    entities expected to be affected, and a list of sources
    expected to be affected by the rule to the extent known to
    the Agency.
    (e) Within 14 days of receipt of the proposal, the Board
must file the rule for first notice under the Illinois
Administrative Procedure Act and must schedule all required
hearings on the proposal and cause public notice to be given in
accordance with the Illinois Administrative Procedure Act and
the CAAA.
    (f) The Board must set 3 hearings on the proposal, each of
which shall be scheduled to continue from day to day,
excluding weekends and State and federal holidays, until
completed. The Board must require the written submission of
all testimony at least 10 days before a hearing, with
simultaneous service to all participants of record in the
proceeding as of 15 days prior to hearing, unless a waiver is
granted by the Board for good cause. In order to further
expedite the hearings, presubmitted testimony shall be
accepted into the record without the reading of the testimony
at hearing, provided that the witness swears to the testimony
and is available for questioning, and the Board must make
every effort to conduct the proceedings expeditiously and
avoid duplication and extraneous material.
        (1) The first hearing shall be held within 55 days of
    receipt of the rule and shall be confined to testimony by
    and questions of the Agency's witnesses concerning the
    scope, applicability, and basis of the rule. Within 7 days
    after the first hearing, any person may request that the
    second hearing be held.
            (A) If, after the first hearing, the Agency and
        affected entities are in agreement on the rule, the
        United States Environmental Protection Agency has not
        informed the Board of any unresolved objection to the
        rule, and no other interested party contests the rule
        or asks for the opportunity to present additional
        evidence, the Board may cancel the additional
        hearings. When the Board adopts the final order under
        these circumstances, it shall be based on the Agency's
        proposal as agreed to by the parties.
            (B) If, after the first hearing, the Agency and
        affected entities are in agreement upon a portion of
        the rule, the United States Environmental Protection
        Agency has not informed the Board of any unresolved
        objections to that agreed portion of the rule, and no
        other interested party contests that agreed portion of
        the rule or asks for the opportunity to present
        additional evidence, the Board must proceed to the
        second hearing, as provided in paragraph (2) of
        subsection (g) of this Section, but the hearing shall
        be limited in scope to the unresolved portion of the
        proposal. When the Board adopts the final order under
        these circumstances, it shall be based on such portion
        of the Agency's proposal as agreed to by the parties.
        (2) The second hearing shall be scheduled to commence
    within 30 days of the first day of the first hearing and
    shall be devoted to presentation of testimony, documents,
    and comments by affected entities and all other interested
    parties.
        (3) The third hearing shall be scheduled to commence
    within 14 days after the first day of the second hearing
    and shall be devoted solely to any Agency response to the
    material submitted at the second hearing and to any
    response by other parties. The third hearing shall be
    cancelled if the Agency indicates to the Board that it
    does not intend to introduce any additional material.
    (g) In any fast-track rulemaking proceeding, the Board
must accept evidence and comments on the economic impact of
any provision of the rule and must consider the economic
impact of the rule based on the record. The Board may order an
economic impact study in a manner that will not prevent
adoption of the rule within the time required by subsection
(n) of this Section.
    (h) In all fast-track rulemakings under this Section, the
Board must take into account factors set forth in subsection
(a) of Section 27 of this Act.
    (i) The Board must adopt rules in the fast-track
rulemaking docket under the requirements of this Section that
the CAAA requires to be adopted, and may consider a
non-required rule in a second docket that shall proceed under
Title VII of this Act.
    (j) The Board is directed to take whatever measures are
available to it to complete fast-track rulemaking as
expeditiously as possible consistent with the need for careful
consideration. These measures shall include, but not be
limited to, having hearings transcribed on an expedited basis.
    (k) Following the hearings, the Board must close the
record 14 days after the availability of the transcript.
    (l) The Board must not revise or otherwise change an
Agency fast-track rulemaking proposal without agreement of the
Agency until after the end of the hearing and comment period.
Any revisions to an Agency proposal shall be based on the
record of the proceeding.
    (m) All rules adopted by the Board under this Section
shall be based solely on the record before it.
    (n) The Board must complete a fast-track rulemaking by
adopting a second notice order no later than 130 days after
receipt of the proposal if no third hearing is held and no
later than 150 days if the third hearing is held. If the order
includes a rule, the Illinois Board must file the rule for
second notice under the Illinois Administrative Procedure Act
within 5 days after adoption of the order.
    (o) Upon receipt of a statement of no objection to the rule
from the Joint Committee on Administrative Rules, the Board
must adopt the final order and submit the rule to the Secretary
of State for publication and certification within 21 days.
(Source: P.A. 101-645, eff. 6-26-20.)
 
    (415 ILCS 5/56.2)  (from Ch. 111 1/2, par. 1056.2)
    Sec. 56.2. Regulations.
    (a) No later than July 1, 1993, the Board shall adopt
regulations in accordance with Title VII of this Act
prescribing design and operating standards and criteria for
all potentially infectious medical waste treatment, storage,
and transfer facilities. At a minimum, these regulations shall
require treatment of potentially infectious medical waste at a
facility that:
        (1) eliminates the infectious potential of the waste;
        (2) prevents compaction and rupture of containers
    during handling operations;
        (3) disposes of treatment residuals in accordance with
    this Act and regulations adopted thereunder;
        (4) provides for quality assurance programs;
        (5) provides for periodic testing using biological
    testing, where appropriate, that demonstrate proper
    treatment of the waste;
        (6) provides for assurances that clearly demonstrate
    that potentially infectious medical waste has been
    properly treated; and
        (7) is in compliance with all Federal and State laws
    and regulations pertaining to environmental protection.
    (b) After the effective date of the Board regulations
adopted under subsection (a), each applicant for a potentially
infectious medical waste treatment permit shall prove that the
facility will not cause a violation of the Act or of
regulations adopted thereunder.
    (c) No later than July 1, 1993, the Board shall adopt
regulations in accordance with Title VII of this Act
prescribing standards and criteria for transporting,
packaging, segregating, labeling, and marking potentially
infectious medical waste.
    (d) In accord with Title VII of this Act, no later than
January 1, 1992, the Board shall repeal Subpart I of 35 Ill.
Adm. Code 809.
    (e) No later than January 1, 1992, the Board shall adopt
rules that are identical in substance to the list of etiologic
agents identified as Class 4 agents as set forth in
"Classification of Etiological Agents on the Basis of Hazard,
1974", published by the Centers for Disease Control. On and
after the effective date of this amendatory Act of the 102nd
General Assembly, any person, including the Agency, may
propose rules under Section 28 to amend If the Centers for
Disease Control amends the listing of etiologic agents
identified as Class 4 agents. When proposing rules, the
proponent may consult classifications published by the U.S.
Department of Health and Human Services, "Guidelines for
Research Involving Recombinant DNA Molecules" published by the
National Institutes for Health, or "Biosafety in
Microbiological and Biomedical Laboratories" published by the
Centers for Disease Control and Prevention. The as set forth
in "Classification of Etiological Agents on the Basis of
Hazard, 1974", the Board shall take action on a proposal to
amend the listing of Class 4 agents not later than 6 months
after receiving it adopt rules that are identical in substance
to the amended list within 180 days after the Centers for
Disease Control's amendment. The provisions and requirements
of Title VII of this Act shall not apply to rules adopted under
this subsection (e). Section 5 of the Illinois Administrative
Procedure Act relating to the procedures for rulemaking shall
not apply to rules adopted under this subsection (e).
    (f) In accord with Title VII of this Act, the Board may
adopt regulations to promote the purposes of this Title. The
regulations prescribed in subsection (a), (c), and (e) shall
not limit the generality of this authority.
(Source: P.A. 92-574, eff. 6-26-02.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 08/03/2021