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| Public Act 102-0243 | ||||
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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 | ||||
changing Sections 28.5 and 56.2 as follows:
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(415 ILCS 5/28.5)
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Sec. 28.5. Clean Air Act rules; fast-track.
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(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).
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(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
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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
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specifies the method for adopting a specific rule.
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(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.
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(d) The Agency must submit its fast-track rulemaking | ||
proposal in the
following form:
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(1) The Agency must file the rule in a form that meets | ||
the
requirements of the Illinois Administrative Procedure | ||
Act and regulations
promulgated thereunder.
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(2) The cover sheet of the proposal shall prominently | ||
state that the
rule is being proposed under this Section.
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(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.
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(4) The supporting documentation for the rule shall | ||
summarize the basis of the rule.
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(5) The Agency must describe in general the | ||
alternative selected
and the basis for the alternative.
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(6) The Agency must file a summary of economic and | ||
technical data
upon which it relied in drafting the rule.
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(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.
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(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
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entities expected to be affected, and a list of sources | ||
expected to be affected
by the rule to the extent known to | ||
the Agency.
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(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.
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(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
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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.
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(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
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second hearing be held.
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(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.
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(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
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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.
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(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.
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(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
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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.
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(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.
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(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.
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(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.
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(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.
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(k) Following the hearings, the Board must close the | ||
record 14 days
after the availability of the transcript.
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(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.
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(m) All rules adopted by the Board under this Section | ||
shall be based
solely on the record before it.
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(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
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second notice under the Illinois Administrative Procedure Act | ||
within 5 days
after adoption of the order.
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(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.
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(Source: P.A. 101-645, eff. 6-26-20.)
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(415 ILCS 5/56.2) (from Ch. 111 1/2, par. 1056.2)
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Sec. 56.2. Regulations.
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(a) No later than July 1, 1993, the Board shall adopt
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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:
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(1) eliminates the infectious potential of the waste;
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(2) prevents compaction and rupture of containers | ||
during handling
operations;
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(3) disposes of treatment residuals in accordance with | ||
this Act and
regulations adopted thereunder;
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(4) provides for quality assurance programs;
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(5) provides for periodic testing using biological | ||
testing, where
appropriate, that demonstrate proper | ||
treatment of the waste;
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(6) provides for assurances that clearly demonstrate | ||
that potentially
infectious medical waste has been | ||
properly treated; and
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(7) is in compliance with all Federal and State laws | ||
and regulations
pertaining to environmental protection.
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(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.
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(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
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infectious medical waste.
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(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.
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(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
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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).
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(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.
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(Source: P.A. 92-574, eff. 6-26-02.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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