Full Text of SB0695 102nd General Assembly
SB0695eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Environmental Protection Act is amended by | 5 | | changing 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 | 9 | | and applies solely to the adoption of rules proposed by
the | 10 | | Agency and required to be adopted by the State under the Clean | 11 | | Air Act
as amended by the Clean Air Act Amendments of 1990 | 12 | | (CAAA).
| 13 | | (b) For purposes of this Section, a "fast-track" | 14 | | rulemaking proceeding
is a proceeding to promulgate a rule | 15 | | that the CAAA requires to be adopted. For the purposes of this | 16 | | Section, "requires to be adopted" refers only to those
| 17 | | regulations or parts of regulations for which the United | 18 | | States Environmental
Protection Agency is empowered to impose | 19 | | sanctions against the State for failure to adopt such rules. | 20 | | All fast-track rules must be adopted under
procedures set | 21 | | forth in this Section, unless another provision of this Act
| 22 | | specifies the method for adopting a specific rule.
| 23 | | (c) When the CAAA requires rules other than identical in |
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| 1 | | substance rules
to be adopted, upon request by the Agency, the | 2 | | Board must adopt rules under
fast-track rulemaking | 3 | | requirements.
| 4 | | (d) The Agency must submit its fast-track rulemaking | 5 | | proposal 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 | 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.
| 15 | | (f) The Board must set 3 hearings on the proposal, each of | 16 | | which shall
be scheduled to continue from day to day, | 17 | | excluding weekends and State and
federal holidays, until | 18 | | completed. The Board must
require the written submission of | 19 | | all testimony at least 10 days before a
hearing, with | 20 | | simultaneous service to all participants of record in the
| 21 | | proceeding as of 15 days prior to hearing, unless a waiver is | 22 | | granted by
the Board for good cause. In order to further | 23 | | expedite the hearings,
presubmitted testimony shall be | 24 | | accepted into the record without the reading of
the testimony | 25 | | at hearing, provided that the witness swears to the testimony | 26 | | and
is available for questioning, and the Board must make |
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| 1 | | every effort to conduct
the proceedings expeditiously and | 2 | | avoid 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 | 20 | | must accept
evidence and comments on the economic impact of | 21 | | any provision of the rule
and must consider the economic | 22 | | impact of the rule based on the record.
The Board may order an | 23 | | economic impact study in a manner that will not
prevent | 24 | | adoption 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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| 1 | | Board 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 | 4 | | rulemaking docket
under the requirements of this Section that | 5 | | the CAAA requires to be
adopted, and may consider a | 6 | | non-required rule in a second docket that shall
proceed under | 7 | | Title VII of this Act.
| 8 | | (j) The Board is directed to take whatever measures are | 9 | | available to it
to complete fast-track rulemaking as | 10 | | expeditiously as possible consistent
with the need for careful | 11 | | consideration. These measures shall include, but
not be | 12 | | limited to, having hearings transcribed on an expedited basis.
| 13 | | (k) Following the hearings, the Board must close the | 14 | | record 14 days
after the availability of the transcript.
| 15 | | (l) The Board must not revise or otherwise change an | 16 | | Agency fast-track
rulemaking proposal without agreement of the | 17 | | Agency until after the end
of the hearing and comment period. | 18 | | Any revisions to an Agency
proposal shall be based on the | 19 | | record of the proceeding.
| 20 | | (m) All rules adopted by the Board under this Section | 21 | | shall be based
solely on the record before it.
| 22 | | (n) The Board must complete a fast-track rulemaking by | 23 | | adopting
a second notice order no later than 130 days after | 24 | | receipt of the proposal if
no third hearing is held and no | 25 | | later than 150 days if the third hearing is
held. If the order | 26 | | includes a rule, the Illinois Board must file the rule for
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| 1 | | second notice under the Illinois Administrative Procedure Act | 2 | | within 5 days
after adoption of the order.
| 3 | | (o) Upon receipt of a statement of no objection to the rule | 4 | | from the
Joint Committee on Administrative Rules, the Board | 5 | | must adopt the final
order and submit the rule to the Secretary | 6 | | of 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
| 11 | | regulations in accordance with Title VII of this Act | 12 | | prescribing design and
operating standards and criteria for | 13 | | all potentially infectious medical
waste treatment, storage, | 14 | | and transfer facilities. At a minimum, these
regulations shall | 15 | | require treatment of potentially infectious medical waste
at a | 16 | | facility 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 | 7 | | adopted under
subsection (a), each applicant for a potentially | 8 | | infectious medical waste
treatment permit shall prove that the | 9 | | facility will not cause a violation
of the Act or of | 10 | | regulations adopted thereunder.
| 11 | | (c) No later than July 1, 1993, the Board shall adopt | 12 | | regulations
in accordance with Title VII of this Act | 13 | | prescribing standards and criteria
for transporting, | 14 | | packaging, segregating, labeling, and marking potentially
| 15 | | infectious medical waste.
| 16 | | (d) In accord with Title VII of this Act, no later than | 17 | | January 1, 1992,
the Board shall repeal Subpart I of 35 Ill. | 18 | | Adm. Code 809.
| 19 | | (e) No later than January 1, 1992, the Board shall adopt | 20 | | rules that are
identical in substance to the list of etiologic | 21 | | agents identified as Class
4 agents as set forth in | 22 | | "Classification of Etiological Agents on the Basis
of Hazard, | 23 | | 1974", published by the Centers for Disease Control. On and | 24 | | after the effective date of this amendatory Act of the 102nd | 25 | | General Assembly, any person, including the Agency, may | 26 | | propose rules under Section 28 to amend If the
Centers for |
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| 1 | | Disease Control amends the listing of etiologic agents
| 2 | | identified as Class 4 agents . When proposing rules, the | 3 | | proponent may consult classifications published by the U.S. | 4 | | Department of Health and Human Services, "Guidelines for | 5 | | Research Involving Recombinant DNA Molecules" published by the | 6 | | National Institutes for Health, or "Biosafety in | 7 | | Microbiological and Biomedical Laboratories" published by the | 8 | | Centers for Disease Control and Prevention. The as set forth | 9 | | in "Classification of Etiological
Agents on the Basis of | 10 | | Hazard, 1974", the Board shall take action on a proposal to | 11 | | amend the listing of Class 4 agents not later than 6 months | 12 | | after receiving it adopt rules that are
identical in substance | 13 | | to the amended list within 180 days after the
Centers for | 14 | | Disease Control's amendment. The provisions and requirements | 15 | | of
Title VII of this Act shall not apply to rules adopted under | 16 | | this
subsection (e). Section 5 of the Illinois Administrative | 17 | | Procedure Act
relating to the procedures for rulemaking shall | 18 | | not apply to rules adopted
under this subsection (e) .
| 19 | | (f) In accord with Title VII of this Act, the Board may | 20 | | adopt regulations
to promote the purposes of this Title. The | 21 | | regulations prescribed in
subsection (a), (c), and (e) shall | 22 | | not 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 | 25 | | becoming law.
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