Illinois General Assembly - Full Text of SB3672
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Full Text of SB3672  97th General Assembly




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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 Illinois Administrative Procedure Act is
5amended by changing Section 1-5 as follows:
6    (5 ILCS 100/1-5)  (from Ch. 127, par. 1001-5)
7    Sec. 1-5. Applicability.
8    (a) This Act applies to every agency as defined in this
9Act. Beginning January 1, 1978, in case of conflict between the
10provisions of this Act and the Act creating or conferring power
11on an agency, this Act shall control. If, however, an agency
12(or its predecessor in the case of an agency that has been
13consolidated or reorganized) has existing procedures on July 1,
141977, specifically for contested cases or licensing, those
15existing provisions control, except that this exception
16respecting contested cases and licensing does not apply if the
17Act creating or conferring power on the agency adopts by
18express reference the provisions of this Act. Where the Act
19creating or conferring power on an agency establishes
20administrative procedures not covered by this Act, those
21procedures shall remain in effect.
22    (b) The provisions of this Act do not apply to (i)
23preliminary hearings, investigations, or practices where no



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1final determinations affecting State funding are made by the
2State Board of Education, (ii) legal opinions issued under
3Section 2-3.7 of the School Code, (iii) as to State colleges
4and universities, their disciplinary and grievance
5proceedings, academic irregularity and capricious grading
6proceedings, and admission standards and procedures, and (iv)
7the class specifications for positions and individual position
8descriptions prepared and maintained under the Personnel Code.
9Those class specifications shall, however, be made reasonably
10available to the public for inspection and copying. The
11provisions of this Act do not apply to hearings under Section
1220 of the Uniform Disposition of Unclaimed Property Act.
13    (c) Section 5-35 of this Act relating to procedures for
14rulemaking does not apply to the following:
15        (1) Rules adopted by the Pollution Control Board that,
16    in accordance with Section 7.2 of the Environmental
17    Protection Act, are identical in substance to federal
18    regulations or amendments to those regulations
19    implementing the following: Sections 3001, 3002, 3003,
20    3004, 3005, and 9003 of the Solid Waste Disposal Act;
21    Section 105 of the Comprehensive Environmental Response,
22    Compensation, and Liability Act of 1980; Sections 307(b),
23    307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal
24    Water Pollution Control Act; and Sections 1412(b),
25    1414(c), 1417(a), 1421, and 1445(a) of the Safe Drinking
26    Water Act; and Section 109 of the Clean Air Act.



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1        (2) Rules adopted by the Pollution Control Board that
2    establish or amend standards for the emission of
3    hydrocarbons and carbon monoxide from gasoline powered
4    motor vehicles subject to inspection under the Vehicle
5    Emissions Inspection Law of 2005 or its predecessor laws.
6        (3) Procedural rules adopted by the Pollution Control
7    Board governing requests for exceptions under Section 14.2
8    of the Environmental Protection Act.
9        (4) The Pollution Control Board's grant, pursuant to an
10    adjudicatory determination, of an adjusted standard for
11    persons who can justify an adjustment consistent with
12    subsection (a) of Section 27 of the Environmental
13    Protection Act.
14        (5) Rules adopted by the Pollution Control Board that
15    are identical in substance to the regulations adopted by
16    the Office of the State Fire Marshal under clause (ii) of
17    paragraph (b) of subsection (3) of Section 2 of the
18    Gasoline Storage Act.
19        (6) Rules adopted by the Illinois Pollution Control
20    Board under Section 9.14 of the Environmental Protection
21    Act.
22    (d) Pay rates established under Section 8a of the Personnel
23Code shall be amended or repealed pursuant to the process set
24forth in Section 5-50 within 30 days after it becomes necessary
25to do so due to a conflict between the rates and the terms of a
26collective bargaining agreement covering the compensation of



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1an employee subject to that Code.
2    (e) Section 10-45 of this Act shall not apply to any
3hearing, proceeding, or investigation conducted under Section
413-515 of the Public Utilities Act.
5    (f) Article 10 of this Act does not apply to any hearing,
6proceeding, or investigation conducted by the State Council for
7the State of Illinois created under Section 3-3-11.05 of the
8Unified Code of Corrections or by the Interstate Commission for
9Adult Offender Supervision created under the Interstate
10Compact for Adult Offender Supervision or by the Interstate
11Commission for Juveniles created under the Interstate Compact
12for Juveniles.
13    (g) This Act is subject to the provisions of Article XXI of
14the Public Utilities Act. To the extent that any provision of
15this Act conflicts with the provisions of that Article XXI, the
16provisions of that Article XXI control.
17(Source: P.A. 97-95, eff. 7-12-11.)
18    Section 10. The Environmental Protection Act is amended by
19changing Sections 7.2 and 10 as follows:
20    (415 ILCS 5/7.2)  (from Ch. 111 1/2, par. 1007.2)
21    Sec. 7.2. Identical in substance rulemakings.
22    (a) In the context of a mandate that the Board adopt
23regulations to secure federal authorization for a program,
24regulations that are "identical in substance" means State



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1regulations which require the same actions with respect to
2protection of the environment, by the same group of affected
3persons, as would federal regulations if USEPA administered the
4subject program in Illinois. After consideration of comments
5from the USEPA, the Agency, the Attorney General and the
6public, the Board shall adopt the verbatim text of such USEPA
7regulations as are necessary and appropriate for authorization
8of the program. In adopting "identical in substance"
9regulations, the only changes that may be made by the Board to
10the federal regulations are those changes that are necessary
11for compliance with the Illinois Administrative Code, and
12technical changes that in no way change the scope or meaning of
13any portion of the regulations, except as follows:
14        (1) The Board shall not adopt the equivalent of USEPA
15    rules that are not applicable to persons or facilities in
16    Illinois, that govern the program authorization process,
17    that are appropriate only in USEPA-administered programs,
18    or that govern actions to be taken by USEPA, other federal
19    agencies or other states.
20        (2) The Board shall not adopt rules prescribing things
21    which are outside the Board's normal functions, such as
22    rules specifying staffing or funding requirements for
23    programs.
24        (3) If a USEPA rule prescribes the contents of a State
25    regulation without setting forth the regulation itself,
26    which would be an integral part of any regulation required



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1    to be adopted as an "identical in substance" regulation as
2    defined in this Section, the Board shall adopt a regulation
3    as prescribed, to the extent possible consistent with other
4    relevant USEPA regulations and existing State law. The
5    Board may not use this subsection to adopt any regulation
6    which is a required rule as that term is defined by Section
7    28.2 of this Act. To the extent practicable, the Board in
8    its proposed and adopted opinion shall include its
9    rationale for adopting such regulation.
10        (4) Pursuant to subsection (a) of Section 5-75 of the
11    Illinois Administrative Procedure Act, the Board may
12    incorporate USEPA rules by reference where it is possible
13    to do so without causing confusion to the affected public.
14        (5) If USEPA intends to retain decision-making
15    authority for a portion of the program, the Board
16    regulation shall so specify. In addition, the Board
17    regulation shall specify whether a decision is to be made
18    by the Board, the Agency or some other State agency, based
19    upon the general division of functions within this Act and
20    other Illinois statutes.
21        (6) Wherever appropriate, the Board regulations shall
22    reflect any consistent, more stringent regulations adopted
23    pursuant to the rulemaking requirements of Title VII of
24    this Act and Section 5-35 of the Illinois Administrative
25    Procedure Act.
26        (7) The Board may correct apparent typographical and



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1    grammatical errors in USEPA rules.
2    (b) In adopting regulations that are "identical in
3substance" with specified federal regulations under subsection
4(c) of Section 13, Section 13.3, Section 17.5, subsection (a)
5or (d) of Section 22.4, subsection (a) of Section 22.7, or
6subsection (a) of Section 22.40, subsection (H) of Section 10,
7or specified federal determinations under subsection (e) of
8Section 9.1, the Board shall complete its rulemaking
9proceedings within one year after the adoption of the
10corresponding federal rule. If the Board consolidates multiple
11federal rulemakings into a single Board rulemaking, the
12one-year period shall be calculated from the adoption date of
13the federal rule first adopted among those consolidated. After
14adopting an "identical in substance" rule, if the Board
15determines that an amendment is needed to that rule, the Board
16shall initiate a rulemaking proceeding to propose such
17amendment. The amendment shall be adopted within one year of
18the initiation of the Board's determination.
19    Additionally, if the Board, after adopting an "identical in
20substance" rule, determines that a technical correction to that
21rule is needed, the Board may initiate an application for
22certification of correction under Section 5-85 of the Illinois
23Administrative Procedure Act.
24    The one-year period may be extended by the Board for an
25additional period of time if necessary to complete the
26rulemaking proceeding. In order to extend the one-year period,



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1the Board must make a finding, based upon the record in the
2rulemaking proceeding, that the one-year period is
3insufficient for completion of the rulemaking, and such finding
4shall specifically state the reasons for the extension. Except
5as otherwise provided above, the Board must make the finding
6that an extension of time is necessary prior to the expiration
7of the initial one-year period, and must also publish a notice
8of extension in the Illinois Register as expeditiously as
9practicable following its decision, stating the specific
10reasons for the Board's decision to extend. The notice of
11extension need not appear in the Illinois Register prior to the
12expiration of the initial one year period and shall specify a
13date certain by which the Board anticipates completion of the
14rulemaking, except that if a date certain cannot be specified
15because of a need to delay adoption pending occurrence of an
16event beyond the Board's control, the notice shall specify the
17event, explain its circumstances, and contain an estimate of
18the amount of time needed to complete the rulemaking after the
19occurrence of the specified event.
20(Source: P.A. 87-830; 88-45; 88-496.)
21    (415 ILCS 5/10)  (from Ch. 111 1/2, par. 1010)
22    Sec. 10. Regulations.
23    (A) The Board, pursuant to procedures prescribed in Title
24VII of this Act, may adopt regulations to promote the purposes
25of this Title. Without limiting the generality of this



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1authority, such regulations may among other things prescribe:
2        (a) (Blank); Ambient air quality standards specifying
3    the maximum permissible short-term and long-term
4    concentrations of various contaminants in the atmosphere;
5        (b) Emission standards specifying the maximum amounts
6    or concentrations of various contaminants that may be
7    discharged into the atmosphere;
8        (c) Standards for the issuance of permits for
9    construction, installation, or operation of any equipment,
10    facility, vehicle, vessel, or aircraft capable of causing
11    or contributing to air pollution or designed to prevent air
12    pollution;
13        (d) Standards and conditions regarding the sale,
14    offer, or use of any fuel, vehicle, or other article
15    determined by the Board to constitute an air-pollution
16    hazard;
17        (e) Alert and abatement standards relative to
18    air-pollution episodes or emergencies constituting an
19    acute danger to health or to the environment;
20        (f) Requirements and procedures for the inspection of
21    any equipment, facility, vehicle, vessel, or aircraft that
22    may cause or contribute to air pollution;
23        (g) Requirements and standards for equipment and
24    procedures for monitoring contaminant discharges at their
25    sources, the collection of samples and the collection,
26    reporting and retention of data resulting from such



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1    monitoring.
2    (B) The Board may adopt regulations and emission standards
3that are applicable or that may become applicable to stationary
4emission sources located in all areas of the State in
5accordance with any of the following:
6        (1) that are required by federal law;
7        (2) that are otherwise part of the State's attainment
8    plan and are necessary to attain the national ambient air
9    quality standards; or
10        (3) that are necessary to comply with the requirements
11    of the federal Clean Air Act.
12    (C) The Board may not adopt any regulation banning the
13burning of landscape waste throughout the State generally. The
14Board may, by regulation, restrict or prohibit the burning of
15landscape waste within any geographical area of the State if it
16determines based on medical and biological evidence generally
17accepted by the scientific community that such burning will
18produce in the atmosphere of that geographical area
19contaminants in sufficient quantities and of such
20characteristics and duration as to be injurious to humans,
21plant, or animal life, or health.
22    (D) The Board shall adopt regulations requiring the owner
23or operator of a gasoline dispensing system that dispenses more
24than 10,000 gallons of gasoline per month to install and
25operate a system for the recovery of gasoline vapor emissions
26arising from the fueling of motor vehicles that meets the



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1requirements of Section 182 of the federal Clean Air Act (42
2USC 7511a). These regulations shall apply only in areas of the
3State that are classified as moderate, serious, severe or
4extreme nonattainment areas for ozone pursuant to Section 181
5of the federal Clean Air Act (42 USC 7511), but shall not apply
6in such areas classified as moderate nonattainment areas for
7ozone if the Administrator of the U.S. Environmental Protection
8Agency promulgates standards for vehicle-based (onboard)
9systems for the control of vehicle refueling emissions pursuant
10to Section 202(a)(6) of the federal Clean Air Act (42 USC
117521(a)(6)) by November 15, 1992.
12    (E) The Board shall not adopt or enforce any regulation
13requiring the use of a tarpaulin or other covering on a truck,
14trailer, or other vehicle that is stricter than the
15requirements of Section 15-109.1 of the Illinois Vehicle Code.
16To the extent that it is in conflict with this subsection, the
17Board's rule codified as 35 Ill. Admin. Code, Section 212.315
18is hereby superseded.
19    (F) Any person who prior to June 8, 1988, has filed a
20timely Notice of Intent to Petition for an Adjusted RACT
21Emissions Limitation and who subsequently timely files a
22completed petition for an adjusted RACT emissions limitation
23pursuant to 35 Ill. Adm. Code, Part 215, Subpart I, shall be
24subject to the procedures contained in Subpart I but shall be
25excluded by operation of law from 35 Ill. Adm. Code, Part 215,
26Subparts PP, QQ and RR, including the applicable definitions in



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135 Ill. Adm. Code, Part 211. Such persons shall instead be
2subject to a separate regulation which the Board is hereby
3authorized to adopt pursuant to the adjusted RACT emissions
4limitation procedure in 35 Ill. Adm. Code, Part 215, Subpart I.
5In its final action on the petition, the Board shall create a
6separate rule which establishes Reasonably Available Control
7Technology (RACT) for such person. The purpose of this
8procedure is to create separate and independent regulations for
9purposes of SIP submittal, review, and approval by USEPA.
10    (G) Subpart FF of Subtitle B, Title 35 Ill. Adm. Code,
11Sections 218.720 through 218.730 and Sections 219.720 through
12219.730, are hereby repealed by operation of law and are
13rendered null and void and of no force and effect.
14    (H) In accordance with subsection (b) of Section 7.2, the
15Board shall adopt ambient air quality standards specifying the
16maximum permissible short-term and long-term concentrations of
17various contaminants in the atmosphere; those standards shall
18be identical in substance to the national ambient air quality
19standards promulgated by the Administrator of the United States
20Environmental Protection Agency in accordance with Section 109
21of the Clean Air Act. The Board may consolidate into a single
22rulemaking under this subsection all such federal regulations
23adopted within a period of time not to exceed 6 months. The
24provisions and requirements of Title VII of this Act and
25Section 5-35 of the Illinois Administrative Procedure Act,
26relating to procedures for rulemaking, shall not apply to



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1identical in substance regulations adopted pursuant to this
2subsection. However, the Board shall provide for notice and
3public comment before adopted rules are filed with the
4Secretary of State. Nothing in this subsection shall be
5construed to limit the right of any person to submit a proposal
6to the Board, or the authority of the Board to adopt, air
7quality standards more stringent than the standards
8promulgated by the Administrator, pursuant to the rulemaking
9requirements of Title VII of this Act and Section 5-35 of the
10Illinois Administrative Procedure Act.
11(Source: P.A. 95-460, eff. 8-27-07.)
12    Section 99. Effective date. This Act takes effect upon
13becoming law.