Illinois General Assembly - Full Text of HB2791
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Full Text of HB2791  102nd General Assembly




HB2791 EngrossedLRB102 13995 CPF 19347 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Environmental Protection Act is amended by
5changing Sections 28.5 and 56.2 as follows:
6    (415 ILCS 5/28.5)
7    Sec. 28.5. Clean Air Act rules; fast-track.
8    (a) This Section applies through December 31, 2026 2021
9and applies solely to the adoption of rules proposed by the
10Agency and required to be adopted by the State under the Clean
11Air Act as amended by the Clean Air Act Amendments of 1990
13    (b) For purposes of this Section, a "fast-track"
14rulemaking proceeding is a proceeding to promulgate a rule
15that the CAAA requires to be adopted. For the purposes of this
16Section, "requires to be adopted" refers only to those
17regulations or parts of regulations for which the United
18States Environmental Protection Agency is empowered to impose
19sanctions against the State for failure to adopt such rules.
20All fast-track rules must be adopted under procedures set
21forth in this Section, unless another provision of this Act
22specifies the method for adopting a specific rule.
23    (c) When the CAAA requires rules other than identical in



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1substance rules to be adopted, upon request by the Agency, the
2Board must adopt rules under fast-track rulemaking
4    (d) The Agency must submit its fast-track rulemaking
5proposal in the following form:
6        (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.
9        (2) The cover sheet of the proposal shall prominently
10    state that the rule is being proposed under this Section.
11        (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.
15        (4) The supporting documentation for the rule shall
16    summarize the basis of the rule.
17        (5) The Agency must describe in general the
18    alternative selected and the basis for the alternative.
19        (6) The Agency must file a summary of economic and
20    technical data upon which it relied in drafting the rule.
21        (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



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1    interested party.
2        (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
6    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.
9    (e) Within 14 days of receipt of the proposal, the Board
10must file the rule for first notice under the Illinois
11Administrative Procedure Act and must schedule all required
12hearings on the proposal and cause public notice to be given in
13accordance with the Illinois Administrative Procedure Act and
14the CAAA.
15    (f) The Board must set 3 hearings on the proposal, each of
16which shall be scheduled to continue from day to day,
17excluding weekends and State and federal holidays, until
18completed. The Board must require the written submission of
19all testimony at least 10 days before a hearing, with
20simultaneous service to all participants of record in the
21proceeding as of 15 days prior to hearing, unless a waiver is
22granted by the Board for good cause. In order to further
23expedite the hearings, presubmitted testimony shall be
24accepted into the record without the reading of the testimony
25at hearing, provided that the witness swears to the testimony
26and is available for questioning, and the Board must make



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1every effort to conduct the proceedings expeditiously and
2avoid duplication and extraneous material.
3        (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
8    second hearing be held.
9            (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.
19            (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
26        additional evidence, the Board must proceed to the



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1        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.
7        (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.
12        (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
16    response by other parties. The third hearing shall be
17    cancelled if the Agency indicates to the Board that it
18    does not intend to introduce any additional material.
19    (g) In any fast-track rulemaking proceeding, the Board
20must accept evidence and comments on the economic impact of
21any provision of the rule and must consider the economic
22impact of the rule based on the record. The Board may order an
23economic impact study in a manner that will not prevent
24adoption of the rule within the time required by subsection
25(n) of this Section.
26    (h) In all fast-track rulemakings under this Section, the



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1Board must take into account factors set forth in subsection
2(a) of Section 27 of this Act.
3    (i) The Board must adopt rules in the fast-track
4rulemaking docket under the requirements of this Section that
5the CAAA requires to be adopted, and may consider a
6non-required rule in a second docket that shall proceed under
7Title VII of this Act.
8    (j) The Board is directed to take whatever measures are
9available to it to complete fast-track rulemaking as
10expeditiously as possible consistent with the need for careful
11consideration. These measures shall include, but not be
12limited to, having hearings transcribed on an expedited basis.
13    (k) Following the hearings, the Board must close the
14record 14 days after the availability of the transcript.
15    (l) The Board must not revise or otherwise change an
16Agency fast-track rulemaking proposal without agreement of the
17Agency until after the end of the hearing and comment period.
18Any revisions to an Agency proposal shall be based on the
19record of the proceeding.
20    (m) All rules adopted by the Board under this Section
21shall be based solely on the record before it.
22    (n) The Board must complete a fast-track rulemaking by
23adopting a second notice order no later than 130 days after
24receipt of the proposal if no third hearing is held and no
25later than 150 days if the third hearing is held. If the order
26includes a rule, the Illinois Board must file the rule for



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1second notice under the Illinois Administrative Procedure Act
2within 5 days after adoption of the order.
3    (o) Upon receipt of a statement of no objection to the rule
4from the Joint Committee on Administrative Rules, the Board
5must adopt the final order and submit the rule to the Secretary
6of State for publication and certification within 21 days.
7(Source: P.A. 101-645, eff. 6-26-20.)
8    (415 ILCS 5/56.2)  (from Ch. 111 1/2, par. 1056.2)
9    Sec. 56.2. Regulations.
10    (a) No later than July 1, 1993, the Board shall adopt
11regulations in accordance with Title VII of this Act
12prescribing design and operating standards and criteria for
13all potentially infectious medical waste treatment, storage,
14and transfer facilities. At a minimum, these regulations shall
15require treatment of potentially infectious medical waste at a
16facility that:
17        (1) eliminates the infectious potential of the waste;
18        (2) prevents compaction and rupture of containers
19    during handling operations;
20        (3) disposes of treatment residuals in accordance with
21    this Act and regulations adopted thereunder;
22        (4) provides for quality assurance programs;
23        (5) provides for periodic testing using biological
24    testing, where appropriate, that demonstrate proper
25    treatment of the waste;



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1        (6) provides for assurances that clearly demonstrate
2    that potentially infectious medical waste has been
3    properly treated; and
4        (7) is in compliance with all Federal and State laws
5    and regulations pertaining to environmental protection.
6    (b) After the effective date of the Board regulations
7adopted under subsection (a), each applicant for a potentially
8infectious medical waste treatment permit shall prove that the
9facility will not cause a violation of the Act or of
10regulations adopted thereunder.
11    (c) No later than July 1, 1993, the Board shall adopt
12regulations in accordance with Title VII of this Act
13prescribing standards and criteria for transporting,
14packaging, segregating, labeling, and marking potentially
15infectious medical waste.
16    (d) In accord with Title VII of this Act, no later than
17January 1, 1992, the Board shall repeal Subpart I of 35 Ill.
18Adm. Code 809.
19    (e) No later than January 1, 1992, the Board shall adopt
20rules that are identical in substance to the list of etiologic
21agents identified as Class 4 agents as set forth in
22"Classification of Etiological Agents on the Basis of Hazard,
231974", published by the Centers for Disease Control. On and
24after the effective date of this amendatory act of the 102nd
25General Assembly, any person, including the Agency, may
26propose rules under Section 28 to amend If the Centers for



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1Disease Control amends the listing of etiologic agents
2identified as Class 4 agents. When proposing rules, the
3proponent may consult classifications published by the U.S.
4Department of Health and Human Services, "Guidelines for
5Research Involving Recombinant DNA Molecules" published by the
6National Institutes for Health, or "Biosafety in
7Microbiological and Biomedical Laboratories" published by the
8Centers for Disease Control and Prevention. The as set forth
9in "Classification of Etiological Agents on the Basis of
10Hazard, 1974", the Board shall take action on a proposal to
11amend the listing of Class 4 agents not later than 6 months
12after receiving it adopt rules that are identical in substance
13to the amended list within 180 days after the Centers for
14Disease Control's amendment. The provisions and requirements
15of Title VII of this Act shall not apply to rules adopted under
16this subsection (e). Section 5 of the Illinois Administrative
17Procedure Act relating to the procedures for rulemaking shall
18not apply to rules adopted under this subsection (e).
19    (f) In accord with Title VII of this Act, the Board may
20adopt regulations to promote the purposes of this Title. The
21regulations prescribed in subsection (a), (c), and (e) shall
22not limit the generality of this authority.
23(Source: P.A. 92-574, eff. 6-26-02.)
24    Section 99. Effective date. This Act takes effect upon
25becoming law.