Public Act 097-0945
 
SB3672 EnrolledLRB097 17982 JDS 63205 b


  
    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.