Illinois General Assembly - Full Text of Public Act 097-0945
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Public Act 097-0945





Public Act 097-0945
SB3672 EnrolledLRB097 17982 JDS 63205 b

    AN ACT concerning safety.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Administrative Procedure Act is
amended by changing Section 1-5 as follows:
    (5 ILCS 100/1-5)  (from Ch. 127, par. 1001-5)
    Sec. 1-5. Applicability.
    (a) This Act applies to every agency as defined in this
Act. Beginning January 1, 1978, in case of conflict between the
provisions of this Act and the Act creating or conferring power
on an agency, this Act shall control. If, however, an agency
(or its predecessor in the case of an agency that has been
consolidated or reorganized) has existing procedures on July 1,
1977, specifically for contested cases or licensing, those
existing provisions control, except that this exception
respecting contested cases and licensing does not apply if the
Act creating or conferring power on the agency adopts by
express reference the provisions of this Act. Where the Act
creating or conferring power on an agency establishes
administrative procedures not covered by this Act, those
procedures shall remain in effect.
    (b) The provisions of this Act do not apply to (i)
preliminary hearings, investigations, or practices where no
final determinations affecting State funding are made by the
State Board of Education, (ii) legal opinions issued under
Section 2-3.7 of the School Code, (iii) as to State colleges
and universities, their disciplinary and grievance
proceedings, academic irregularity and capricious grading
proceedings, and admission standards and procedures, and (iv)
the class specifications for positions and individual position
descriptions prepared and maintained under the Personnel Code.
Those class specifications shall, however, be made reasonably
available to the public for inspection and copying. The
provisions of this Act do not apply to hearings under Section
20 of the Uniform Disposition of Unclaimed Property Act.
    (c) Section 5-35 of this Act relating to procedures for
rulemaking does not apply to the following:
        (1) Rules adopted by the Pollution Control Board that,
    in accordance with Section 7.2 of the Environmental
    Protection Act, are identical in substance to federal
    regulations or amendments to those regulations
    implementing the following: Sections 3001, 3002, 3003,
    3004, 3005, and 9003 of the Solid Waste Disposal Act;
    Section 105 of the Comprehensive Environmental Response,
    Compensation, and Liability Act of 1980; Sections 307(b),
    307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal
    Water Pollution Control Act; and Sections 1412(b),
    1414(c), 1417(a), 1421, and 1445(a) of the Safe Drinking
    Water Act; and Section 109 of the Clean Air Act.
        (2) Rules adopted by the Pollution Control Board that
    establish or amend standards for the emission of
    hydrocarbons and carbon monoxide from gasoline powered
    motor vehicles subject to inspection under the Vehicle
    Emissions Inspection Law of 2005 or its predecessor laws.
        (3) Procedural rules adopted by the Pollution Control
    Board governing requests for exceptions under Section 14.2
    of the Environmental Protection Act.
        (4) The Pollution Control Board's grant, pursuant to an
    adjudicatory determination, of an adjusted standard for
    persons who can justify an adjustment consistent with
    subsection (a) of Section 27 of the Environmental
    Protection Act.
        (5) Rules adopted by the Pollution Control Board that
    are identical in substance to the regulations adopted by
    the Office of the State Fire Marshal under clause (ii) of
    paragraph (b) of subsection (3) of Section 2 of the
    Gasoline Storage Act.
        (6) Rules adopted by the Illinois Pollution Control
    Board under Section 9.14 of the Environmental Protection
    (d) Pay rates established under Section 8a of the Personnel
Code shall be amended or repealed pursuant to the process set
forth in Section 5-50 within 30 days after it becomes necessary
to do so due to a conflict between the rates and the terms of a
collective bargaining agreement covering the compensation of
an employee subject to that Code.
    (e) Section 10-45 of this Act shall not apply to any
hearing, proceeding, or investigation conducted under Section
13-515 of the Public Utilities Act.
    (f) Article 10 of this Act does not apply to any hearing,
proceeding, or investigation conducted by the State Council for
the State of Illinois created under Section 3-3-11.05 of the
Unified Code of Corrections or by the Interstate Commission for
Adult Offender Supervision created under the Interstate
Compact for Adult Offender Supervision or by the Interstate
Commission for Juveniles created under the Interstate Compact
for Juveniles.
    (g) This Act is subject to the provisions of Article XXI of
the Public Utilities Act. To the extent that any provision of
this Act conflicts with the provisions of that Article XXI, the
provisions of that Article XXI control.
(Source: P.A. 97-95, eff. 7-12-11.)
    Section 10. The Environmental Protection Act is amended by
changing Sections 7.2 and 10 as follows:
    (415 ILCS 5/7.2)  (from Ch. 111 1/2, par. 1007.2)
    Sec. 7.2. Identical in substance rulemakings.
    (a) In the context of a mandate that the Board adopt
regulations to secure federal authorization for a program,
regulations that are "identical in substance" means State
regulations which require the same actions with respect to
protection of the environment, by the same group of affected
persons, as would federal regulations if USEPA administered the
subject program in Illinois. After consideration of comments
from the USEPA, the Agency, the Attorney General and the
public, the Board shall adopt the verbatim text of such USEPA
regulations as are necessary and appropriate for authorization
of the program. In adopting "identical in substance"
regulations, the only changes that may be made by the Board to
the federal regulations are those changes that are necessary
for compliance with the Illinois Administrative Code, and
technical changes that in no way change the scope or meaning of
any portion of the regulations, except as follows:
        (1) The Board shall not adopt the equivalent of USEPA
    rules that are not applicable to persons or facilities in
    Illinois, that govern the program authorization process,
    that are appropriate only in USEPA-administered programs,
    or that govern actions to be taken by USEPA, other federal
    agencies or other states.
        (2) The Board shall not adopt rules prescribing things
    which are outside the Board's normal functions, such as
    rules specifying staffing or funding requirements for
        (3) If a USEPA rule prescribes the contents of a State
    regulation without setting forth the regulation itself,
    which would be an integral part of any regulation required
    to be adopted as an "identical in substance" regulation as
    defined in this Section, the Board shall adopt a regulation
    as prescribed, to the extent possible consistent with other
    relevant USEPA regulations and existing State law. The
    Board may not use this subsection to adopt any regulation
    which is a required rule as that term is defined by Section
    28.2 of this Act. To the extent practicable, the Board in
    its proposed and adopted opinion shall include its
    rationale for adopting such regulation.
        (4) Pursuant to subsection (a) of Section 5-75 of the
    Illinois Administrative Procedure Act, the Board may
    incorporate USEPA rules by reference where it is possible
    to do so without causing confusion to the affected public.
        (5) If USEPA intends to retain decision-making
    authority for a portion of the program, the Board
    regulation shall so specify. In addition, the Board
    regulation shall specify whether a decision is to be made
    by the Board, the Agency or some other State agency, based
    upon the general division of functions within this Act and
    other Illinois statutes.
        (6) Wherever appropriate, the Board regulations shall
    reflect any consistent, more stringent regulations adopted
    pursuant to the rulemaking requirements of Title VII of
    this Act and Section 5-35 of the Illinois Administrative
    Procedure Act.
        (7) The Board may correct apparent typographical and
    grammatical errors in USEPA rules.
    (b) In adopting regulations that are "identical in
substance" with specified federal regulations under subsection
(c) of Section 13, Section 13.3, Section 17.5, subsection (a)
or (d) of Section 22.4, subsection (a) of Section 22.7, or
subsection (a) of Section 22.40, subsection (H) of Section 10,
or specified federal determinations under subsection (e) of
Section 9.1, the Board shall complete its rulemaking
proceedings within one year after the adoption of the
corresponding federal rule. If the Board consolidates multiple
federal rulemakings into a single Board rulemaking, the
one-year period shall be calculated from the adoption date of
the federal rule first adopted among those consolidated. After
adopting an "identical in substance" rule, if the Board
determines that an amendment is needed to that rule, the Board
shall initiate a rulemaking proceeding to propose such
amendment. The amendment shall be adopted within one year of
the initiation of the Board's determination.
    Additionally, if the Board, after adopting an "identical in
substance" rule, determines that a technical correction to that
rule is needed, the Board may initiate an application for
certification of correction under Section 5-85 of the Illinois
Administrative Procedure Act.
    The one-year period may be extended by the Board for an
additional period of time if necessary to complete the
rulemaking proceeding. In order to extend the one-year period,
the Board must make a finding, based upon the record in the
rulemaking proceeding, that the one-year period is
insufficient for completion of the rulemaking, and such finding
shall specifically state the reasons for the extension. Except
as otherwise provided above, the Board must make the finding
that an extension of time is necessary prior to the expiration
of the initial one-year period, and must also publish a notice
of extension in the Illinois Register as expeditiously as
practicable following its decision, stating the specific
reasons for the Board's decision to extend. The notice of
extension need not appear in the Illinois Register prior to the
expiration of the initial one year period and shall specify a
date certain by which the Board anticipates completion of the
rulemaking, except that if a date certain cannot be specified
because of a need to delay adoption pending occurrence of an
event beyond the Board's control, the notice shall specify the
event, explain its circumstances, and contain an estimate of
the amount of time needed to complete the rulemaking after the
occurrence of the specified event.
(Source: P.A. 87-830; 88-45; 88-496.)
    (415 ILCS 5/10)  (from Ch. 111 1/2, par. 1010)
    Sec. 10. Regulations.
    (A) The Board, pursuant to procedures prescribed in Title
VII of this Act, may adopt regulations to promote the purposes
of this Title. Without limiting the generality of this
authority, such regulations may among other things prescribe:
        (a) (Blank); Ambient air quality standards specifying
    the maximum permissible short-term and long-term
    concentrations of various contaminants in the atmosphere;
        (b) Emission standards specifying the maximum amounts
    or concentrations of various contaminants that may be
    discharged into the atmosphere;
        (c) Standards for the issuance of permits for
    construction, installation, or operation of any equipment,
    facility, vehicle, vessel, or aircraft capable of causing
    or contributing to air pollution or designed to prevent air
        (d) Standards and conditions regarding the sale,
    offer, or use of any fuel, vehicle, or other article
    determined by the Board to constitute an air-pollution
        (e) Alert and abatement standards relative to
    air-pollution episodes or emergencies constituting an
    acute danger to health or to the environment;
        (f) Requirements and procedures for the inspection of
    any equipment, facility, vehicle, vessel, or aircraft that
    may cause or contribute to air pollution;
        (g) Requirements and standards for equipment and
    procedures for monitoring contaminant discharges at their
    sources, the collection of samples and the collection,
    reporting and retention of data resulting from such
    (B) The Board may adopt regulations and emission standards
that are applicable or that may become applicable to stationary
emission sources located in all areas of the State in
accordance with any of the following:
        (1) that are required by federal law;
        (2) that are otherwise part of the State's attainment
    plan and are necessary to attain the national ambient air
    quality standards; or
        (3) that are necessary to comply with the requirements
    of the federal Clean Air Act.
    (C) The Board may not adopt any regulation banning the
burning of landscape waste throughout the State generally. The
Board may, by regulation, restrict or prohibit the burning of
landscape waste within any geographical area of the State if it
determines based on medical and biological evidence generally
accepted by the scientific community that such burning will
produce in the atmosphere of that geographical area
contaminants in sufficient quantities and of such
characteristics and duration as to be injurious to humans,
plant, or animal life, or health.
    (D) The Board shall adopt regulations requiring the owner
or operator of a gasoline dispensing system that dispenses more
than 10,000 gallons of gasoline per month to install and
operate a system for the recovery of gasoline vapor emissions
arising from the fueling of motor vehicles that meets the
requirements of Section 182 of the federal Clean Air Act (42
USC 7511a). These regulations shall apply only in areas of the
State that are classified as moderate, serious, severe or
extreme nonattainment areas for ozone pursuant to Section 181
of the federal Clean Air Act (42 USC 7511), but shall not apply
in such areas classified as moderate nonattainment areas for
ozone if the Administrator of the U.S. Environmental Protection
Agency promulgates standards for vehicle-based (onboard)
systems for the control of vehicle refueling emissions pursuant
to Section 202(a)(6) of the federal Clean Air Act (42 USC
7521(a)(6)) by November 15, 1992.
    (E) The Board shall not adopt or enforce any regulation
requiring the use of a tarpaulin or other covering on a truck,
trailer, or other vehicle that is stricter than the
requirements of Section 15-109.1 of the Illinois Vehicle Code.
To the extent that it is in conflict with this subsection, the
Board's rule codified as 35 Ill. Admin. Code, Section 212.315
is hereby superseded.
    (F) Any person who prior to June 8, 1988, has filed a
timely Notice of Intent to Petition for an Adjusted RACT
Emissions Limitation and who subsequently timely files a
completed petition for an adjusted RACT emissions limitation
pursuant to 35 Ill. Adm. Code, Part 215, Subpart I, shall be
subject to the procedures contained in Subpart I but shall be
excluded by operation of law from 35 Ill. Adm. Code, Part 215,
Subparts PP, QQ and RR, including the applicable definitions in
35 Ill. Adm. Code, Part 211. Such persons shall instead be
subject to a separate regulation which the Board is hereby
authorized to adopt pursuant to the adjusted RACT emissions
limitation procedure in 35 Ill. Adm. Code, Part 215, Subpart I.
In its final action on the petition, the Board shall create a
separate rule which establishes Reasonably Available Control
Technology (RACT) for such person. The purpose of this
procedure is to create separate and independent regulations for
purposes of SIP submittal, review, and approval by USEPA.
    (G) Subpart FF of Subtitle B, Title 35 Ill. Adm. Code,
Sections 218.720 through 218.730 and Sections 219.720 through
219.730, are hereby repealed by operation of law and are
rendered null and void and of no force and effect.
    (H) In accordance with subsection (b) of Section 7.2, the
Board shall adopt ambient air quality standards specifying the
maximum permissible short-term and long-term concentrations of
various contaminants in the atmosphere; those standards shall
be identical in substance to the national ambient air quality
standards promulgated by the Administrator of the United States
Environmental Protection Agency in accordance with Section 109
of the Clean Air Act. The Board may consolidate into a single
rulemaking under this subsection all such federal regulations
adopted within a period of time not to exceed 6 months. The
provisions and requirements of Title VII of this Act and
Section 5-35 of the Illinois Administrative Procedure Act,
relating to procedures for rulemaking, shall not apply to
identical in substance regulations adopted pursuant to this
subsection. However, the Board shall provide for notice and
public comment before adopted rules are filed with the
Secretary of State. Nothing in this subsection shall be
construed to limit the right of any person to submit a proposal
to the Board, or the authority of the Board to adopt, air
quality standards more stringent than the standards
promulgated by the Administrator, pursuant to the rulemaking
requirements of Title VII of this Act and Section 5-35 of the
Illinois Administrative Procedure Act.
(Source: P.A. 95-460, eff. 8-27-07.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/10/2012