Full Text of SB2639 95th General Assembly
SB2639eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by | 5 |
| reenacting and changing Section 28.5 (which was repealed on | 6 |
| December 31, 2007) as follows:
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| (415 ILCS 5/28.5 new)
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| Sec. 28.5. Clean Air Act rules; fast-track.
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| (a) This Section applies through December 31, 2013 and | 10 |
| applies solely to the adoption of rules proposed by
the Agency | 11 |
| and required to be adopted by the State under the Clean Air Act
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| as amended by the Clean Air Act Amendments of 1990 (CAAA).
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| (b) For purposes of this Section, a "fast-track" rulemaking | 14 |
| proceeding
is a proceeding to promulgate a rule that the CAAA | 15 |
| requires to be adopted. For the purposes of this Section, | 16 |
| "requires to be adopted" refers only to those
regulations or | 17 |
| parts of regulations for which the United States Environmental
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| Protection Agency is empowered to impose sanctions against the | 19 |
| State for failure to adopt such rules. All fast-track rules | 20 |
| must be adopted under
procedures set forth in this Section, | 21 |
| unless another provision of this Act
specifies the method for | 22 |
| adopting a specific rule.
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| (c) When the CAAA requires rules other than identical in |
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| substance rules
to be adopted, upon request by the Agency, the | 2 |
| Board must adopt rules under
fast-track rulemaking | 3 |
| requirements.
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| (d) The Agency must submit its fast-track rulemaking | 5 |
| proposal in the
following form:
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| (1) The Agency must file the rule in a form that meets | 7 |
| the
requirements of the Illinois Administrative Procedure | 8 |
| Act and regulations
promulgated thereunder.
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| (2) The cover sheet of the proposal shall prominently | 10 |
| state that the
rule is being proposed under this Section.
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| (3) The proposal shall clearly identify the provisions | 12 |
| and portions of
the federal statute, regulations, | 13 |
| guidance, policy statement, or other
documents upon which | 14 |
| the rule is based.
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| (4) The supporting documentation for the rule shall | 16 |
| summarize the basis of the rule.
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| (5) The Agency must describe in general the alternative | 18 |
| selected
and the basis for the alternative.
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| (6) The Agency must file a summary of economic and | 20 |
| technical data
upon which it relied in drafting the rule.
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| (7) The Agency must provide a list of any documents | 22 |
| upon which it
directly relied in drafting the rule or upon | 23 |
| which it intends to rely at
the hearings and must provide | 24 |
| such documents to the Board. Additionally,
the Agency must | 25 |
| make such documents available at an appropriate
location | 26 |
| for inspection and copying at the expense of the interested |
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| party.
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| (8) The Agency must include in its submission a | 3 |
| description of the
geographical area to which the rule is | 4 |
| intended to apply, a description of
the process or | 5 |
| processes affected, an identification by classes of the
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| entities expected to be affected, and a list of sources | 7 |
| expected to be affected
by the rule to the extent known to | 8 |
| the Agency.
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| (e) Within 14 days of receipt of the proposal, the Board | 10 |
| must file the
rule for first notice under the Illinois | 11 |
| Administrative Procedure Act and must
schedule all required | 12 |
| hearings on the proposal and cause public notice to be
given in | 13 |
| accordance with the Illinois Administrative Procedure Act and | 14 |
| the
CAAA.
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| (f) The Board must set 3 hearings on the proposal, each of | 16 |
| which shall
be scheduled to continue from day to day, excluding | 17 |
| weekends and State and
federal holidays, until completed. The | 18 |
| Board must
require the written submission of all testimony at | 19 |
| least 10 days before a
hearing, with simultaneous service to | 20 |
| all participants of record in the
proceeding as of 15 days | 21 |
| prior to hearing, unless a waiver is granted by
the Board for | 22 |
| good cause. In order to further expedite the hearings,
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| presubmitted testimony shall be accepted into the record | 24 |
| without the reading of
the testimony at hearing, provided that | 25 |
| the witness swears to the testimony and
is available for | 26 |
| questioning, and the Board must make every effort to conduct
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| the proceedings expeditiously and avoid duplication and | 2 |
| extraneous material.
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| (1) The first hearing shall be held within 55 days of | 4 |
| receipt of the
rule and shall be confined to testimony by | 5 |
| and questions of the Agency's
witnesses concerning the | 6 |
| scope, applicability, and basis of the rule.
Within 7 days | 7 |
| after the first hearing, any person may request that the
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| second hearing be held.
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| (A) If, after the first hearing, the Agency and | 10 |
| affected entities are
in agreement on the rule, the | 11 |
| United States Environmental Protection Agency
has not | 12 |
| informed the Board of any unresolved objection to the | 13 |
| rule, and no
other interested party contests the rule | 14 |
| or asks for the opportunity to present
additional | 15 |
| evidence, the Board may cancel the additional | 16 |
| hearings. When the
Board adopts the final order under | 17 |
| these circumstances, it shall be based on
the Agency's | 18 |
| proposal as agreed to by the parties.
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| (B) If, after the first hearing, the Agency and | 20 |
| affected entities are in
agreement upon a portion of | 21 |
| the rule, the United States Environmental
Protection | 22 |
| Agency has not informed the Board of any unresolved | 23 |
| objections
to that agreed portion of the rule, and no | 24 |
| other interested party contests
that agreed portion of | 25 |
| the rule or asks for the opportunity to present
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| additional evidence, the Board must proceed to the |
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| second hearing, as
provided in paragraph (2) of | 2 |
| subsection (g) of this Section, but the
hearing shall | 3 |
| be limited in scope to the unresolved portion of the | 4 |
| proposal.
When the Board adopts the final order under | 5 |
| these circumstances, it shall
be based on such portion | 6 |
| of the Agency's proposal as agreed to by the parties.
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| (2) The second hearing shall be scheduled to commence | 8 |
| within 30 days
of the first day of the first hearing and | 9 |
| shall be devoted to presentation of
testimony, documents, | 10 |
| and comments by affected entities and all other
interested | 11 |
| parties.
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| (3) The third hearing shall be scheduled to commence | 13 |
| within 14 days
after the first day of the second hearing | 14 |
| and shall be devoted solely to any
Agency response to the | 15 |
| material submitted at the second hearing and to any
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| response by other parties. The third hearing shall be | 17 |
| cancelled if the Agency
indicates to the Board that it does | 18 |
| not intend to introduce any additional
material.
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| (g) In any fast-track rulemaking proceeding, the Board must | 20 |
| accept
evidence and comments on the economic impact of any | 21 |
| provision of the rule
and must consider the economic impact of | 22 |
| the rule based on the record.
The Board may order an economic | 23 |
| impact study in a manner that will not
prevent adoption of the | 24 |
| rule within the time required by subsection (n)
of this | 25 |
| Section.
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| (h) In all fast-track rulemakings under this Section, the |
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| Board must
take into account factors set forth in subsection | 2 |
| (a) of Section 27 of
this Act.
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| (i) The Board must adopt rules in the fast-track rulemaking | 4 |
| docket
under the requirements of this Section that the CAAA | 5 |
| requires to be
adopted, and may consider a non-required rule in | 6 |
| a second docket that shall
proceed under Title VII of this Act.
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| (j) The Board is directed to take whatever measures are | 8 |
| available to it
to complete fast-track rulemaking as | 9 |
| expeditiously as possible consistent
with the need for careful | 10 |
| consideration. These measures shall include, but
not be limited | 11 |
| to, having hearings transcribed on an expedited basis.
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| (k) Following the hearings, the Board must close the record | 13 |
| 14 days
after the availability of the transcript.
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| (l) The Board must not revise or otherwise change an Agency | 15 |
| fast-track
rulemaking proposal without agreement of the Agency | 16 |
| until after the end
of the hearing and comment period. Any | 17 |
| revisions to an Agency
proposal shall be based on the record of | 18 |
| the proceeding.
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| (m) All rules adopted by the Board under this Section shall | 20 |
| be based
solely on the record before it.
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| (n) The Board must complete a fast-track rulemaking by | 22 |
| adopting
a second notice order no later than 130 days after | 23 |
| receipt of the proposal if
no third hearing is held and no | 24 |
| later than 150 days if the third hearing is
held. If the order | 25 |
| includes a rule, the Illinois Board must file the rule for
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| second notice under the Illinois Administrative Procedure Act |
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| within 5 days
after adoption of the order.
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| (o) Upon receipt of a statement of no objection to the rule | 3 |
| from the
Joint Committee on Administrative Rules, the Board | 4 |
| must adopt the final
order and submit the rule to the Secretary | 5 |
| of State for publication and
certification within 21 days.
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| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.
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