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Illinois General Assembly· HB 5070Governor Approved

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HB5070 Enrolled                      LRB104 19577 BDA 33025 b

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 7.2, 10, 13, 13.3, 17.5, 22.4, and 22.40 as

6 follows:

7  (415 ILCS 5/7.2) (from Ch. 111 1/2, par. 1007.2)

8  Sec. 7.2. Identical in substance rulemakings.

9  (a) In the context of a mandate that the Board adopt

10 regulations to secure federal authorization for a program,

11 regulations that are "identical in substance" means State

12 regulations which require the same actions with respect to

13 protection of the environment, by the same group of affected

14 persons, as would federal regulations if USEPA administered

15 the subject program in Illinois, except as provided in this

16 Section. After consideration of comments from the USEPA, the

17 Agency, the Attorney General and the public, the Board shall

18 adopt the verbatim text of such USEPA regulations as are

19 necessary and appropriate for authorization of the program. In

20 adopting "identical in substance" regulations, the only

21 changes that may be made by the Board to the federal

22 regulations are those changes that are necessary for

23 compliance with the Illinois Administrative Code, and
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1 technical changes that in no way change the scope or meaning of

2 any portion of the regulations, except as follows:

3   (1) The Board shall not adopt the equivalent of USEPA

4   rules that are not applicable to persons or facilities in

5   Illinois, that govern the program authorization process,

6   that are appropriate only in USEPA-administered programs,

7   or that govern actions to be taken by USEPA, other federal

8   agencies or other states.

9   (2) The Board shall not adopt rules prescribing things

10  which are outside the Board's normal functions, such as

11  rules specifying staffing or funding requirements for

12  programs.

13  (3) If a USEPA rule prescribes the contents of a State

14  regulation without setting forth the regulation itself,

15  which would be an integral part of any regulation required

16  to be adopted as an "identical in substance" regulation as

17  defined in this Section, the Board shall adopt a

18  regulation as prescribed, to the extent possible

19  consistent with other relevant USEPA regulations and

20  existing State law. The Board may not use this subsection

21  to adopt any regulation which is a required rule as that

22  term is defined by Section 28.2 of this Act. To the extent

23  practicable, the Board in its proposed and adopted opinion

24  shall include its rationale for adopting such regulation.

25  (4) Pursuant to subsection (a) of Section 5-75 of the

26  Illinois Administrative Procedure Act, the Board may
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1   incorporate USEPA rules by reference where it is possible

2   to do so without causing confusion to the affected public.

3   (5) If USEPA intends to retain decision-making

4   authority for a portion of the program, the Board

5   regulation shall so specify. In addition, the Board

6   regulation shall specify whether a decision is to be made

7   by the Board, the Agency or some other State agency, based

8   upon the general division of functions within this Act and

9   other Illinois statutes.

10  (6) Wherever appropriate, the Board regulations shall

11  reflect any consistent, more stringent regulations adopted

12  pursuant to the rulemaking requirements of Title VII of

13  this Act and Section 5-35 of the Illinois Administrative

14  Procedure Act.

15  (7) The Board may correct apparent typographical and

16  grammatical errors in USEPA rules.

17  (8) The Board, in adopting "identical in substance"

18  regulations, shall not adopt USEPA rules imposing

19  standards that are less stringent than those in existing

20  Board regulations. The Board may adopt such rules pursuant

21  to the rulemaking requirements of Title VII of this Act

22  and Section 5-35 of the Illinois Administrative Procedure

23  Act. For purposes of adopting "identical in substance"

24  regulations, a revision to a federal regulation shall be

25  considered "less stringent" than an existing Board

26  regulation only if the federal revision, when compared on
    HB5070 Enrolled  -4-        LRB104 19577 BDA 33025 b

1   a provision-by-provision basis to the specific Board

2   regulatory requirement it would affect, directly and

3   substantively reduces the level of environmental or public

4   health protection required by the corresponding Board

5   provision, as demonstrated by one or more of the

6   following:

7   (A) the federal revision eliminates a numerical

8   emission, discharge, or concentration limit, or

9   increases it above the level established in the

10  existing Board regulation;

11  (B) the federal revision eliminates or narrows the

12  scope of a specific prohibition or restriction on an

13  activity, substance, or process that is expressly set

14  forth in the existing Board regulation; or

15  (C) the federal revision eliminates or weakens a

16  specific, identified performance standard, design

17  standard, or technology-based requirement that is set

18  forth in the existing Board regulation.

19  (b) In adopting regulations that are "identical in

20 substance" with specified federal regulations under subsection

21 (c) of Section 13, Section 13.3, Section 17.5, subsection (a)

22 or (d) of Section 22.4, subsection (a) of Section 22.7, or

23 subsection (a) of Section 22.40, subsection (H) of Section 10,

24 or specified federal determinations under subsection (e) of

25 Section 9.1, the Board shall complete its rulemaking

26 proceedings within one year after the adoption of the
    HB5070 Enrolled  -5-          LRB104 19577 BDA 33025 b

1 corresponding federal rule. If the Board consolidates multiple

2 federal rulemakings into a single Board rulemaking, the

3 one-year period shall be calculated from the adoption date of

4 the federal rule first adopted among those consolidated. After

5 adopting an "identical in substance" rule, if the Board

6 determines that an amendment is needed to that rule, the Board

7 shall initiate a rulemaking proceeding to propose such

8 amendment. The amendment shall be adopted within one year of

9 the initiation of the Board's determination.

10  Additionally, if the Board, after adopting an "identical

11 in substance" rule, determines that a technical correction to

12 that rule is needed, the Board may initiate an application for

13 certification of correction under Section 5-85 of the Illinois

14 Administrative Procedure Act.

15  The one-year period may be extended by the Board for an

16 additional period of time if necessary to complete the

17 rulemaking proceeding. In order to extend the one-year period,

18 the Board must make a finding, based upon the record in the

19 rulemaking proceeding, that the one-year period is

20 insufficient for completion of the rulemaking, and such

21 finding shall specifically state the reasons for the

22 extension. Except as otherwise provided above, the Board must

23 make the finding that an extension of time is necessary prior

24 to the expiration of the initial one-year period, and must

25 also publish a notice of extension in the Illinois Register as

26 expeditiously as practicable following its decision, stating
    HB5070 Enrolled        -6-       LRB104 19577 BDA 33025 b

 1 the specific reasons for the Board's decision to extend. The
 2 notice of extension need not appear in the Illinois Register
 3 prior to the expiration of the initial one year period and
 4 shall specify a date certain by which the Board anticipates
 5 completion of the rulemaking, except that if a date certain
 6 cannot be specified because of a need to delay adoption
 7 pending occurrence of an event beyond the Board's control, the
 8 notice shall specify the event, explain its circumstances, and
 9 contain an estimate of the amount of time needed to complete
10 the rulemaking after the occurrence of the specified event.
11 (Source: P.A. 97-945, eff. 8-10-12.)

12  (415 ILCS 5/10) (from Ch. 111 1/2, par. 1010)

13  Sec. 10. Regulations.

14  (A) The Board, pursuant to procedures prescribed in Title

15 VII of this Act, may adopt regulations to promote the purposes

16 of this Title. Without limiting the generality of this

17 authority, such regulations may among other things prescribe:

18  (a) (Blank);

19  (b) Emission standards specifying the maximum amounts

20  or concentrations of various contaminants that may be

21  discharged into the atmosphere;

22  (c) Standards for the issuance of permits for

23  construction, installation, or operation of any equipment,

24  facility, vehicle, vessel, or aircraft capable of causing

25  or contributing to air pollution or designed to prevent
    HB5070 Enrolled        -7-        LRB104 19577 BDA 33025 b

1   air pollution;

2   (d) Standards and conditions regarding the sale,

3   offer, or use of any fuel, vehicle, or other article

4   determined by the Board to constitute an air-pollution

5   hazard;

6   (e) Alert and abatement standards relative to

7   air-pollution episodes or emergencies constituting an

8   acute danger to health or to the environment;

9   (f) Requirements and procedures for the inspection of

10  any equipment, facility, vehicle, vessel, or aircraft that

11  may cause or contribute to air pollution;

12  (g) Requirements and standards for equipment and

13  procedures for monitoring contaminant discharges at their

14  sources, the collection of samples, and the collection,

15  reporting, and retention of data resulting from such

16  monitoring.

17  (B) The Board may adopt regulations and emission standards

18 that are applicable or that may become applicable to

19 stationary emission sources located in all areas of the State

20 in accordance with any of the following:

21  (1) that are required by federal law;

22  (2) that are otherwise part of the State's attainment

23  plan and are necessary to attain the national ambient air

24  quality standards; or

25  (3) that are necessary to comply with the requirements

26  of the federal Clean Air Act; or
    HB5070 Enrolled  -8-             LRB104 19577 BDA 33025 b

1   (4) that are necessary to comply with air quality

2   standards adopted by the Board.

3   (C) The Board may not adopt any regulation banning the

4 burning of landscape waste throughout the State generally. The

5 Board may, by regulation, restrict or prohibit the burning of

6 landscape waste within any geographical area of the State if

7 it determines based on medical and biological evidence

8 generally accepted by the scientific community that such

9 burning will produce in the atmosphere of that geographical

10 area contaminants in sufficient quantities and of such

11 characteristics and duration as to be injurious to human,

12 plant, or animal life or health.

13  (D) The Board shall adopt regulations requiring the owner

14 or operator of a gasoline dispensing system that dispenses

15 more than 10,000 gallons of gasoline per month to install and

16 operate a system for the recovery of gasoline vapor emissions

17 arising from the fueling of motor vehicles that meets the

18 requirements of Section 182 of the federal Clean Air Act (42

19 U.S.C. 7511a). These regulations shall apply only in areas of

20 the State that are classified as moderate, serious, severe, or

21 extreme nonattainment areas for ozone pursuant to Section 181

22 of the federal Clean Air Act (42 U.S.C. 7511), but shall not

23 apply in such areas classified as moderate nonattainment areas

24 for ozone if the Administrator of the U.S. Environmental

25 Protection Agency promulgates standards for vehicle-based

26 (onboard) systems for the control of vehicle refueling
    HB5070 Enrolled  -9-  LRB104 19577 BDA 33025 b

1 emissions pursuant to Section 202(a)(6) of the federal Clean

2 Air Act (42 U.S.C. 7521(a)(6)) by November 15, 1992.

3   (E) The Board shall not adopt or enforce any regulation

4 requiring the use of a tarpaulin or other covering on a truck,

5 trailer, or other vehicle that is stricter than the

6 requirements of Section 15-109.1 of the Illinois Vehicle Code.

7 To the extent that it is in conflict with this subsection, the

8 Board's rule codified as 35 Ill. Adm. Code 212.315 is hereby

9 superseded.

10  (F) Any person who, prior to June 8, 1988, has filed a

11 timely Notice of Intent to Petition for an Adjusted RACT

12 Emissions Limitation and who subsequently timely files a

13 completed petition for an adjusted RACT emissions limitation

14 pursuant to 35 Ill. Adm. Code Part 215, Subpart I, shall be

15 subject to the procedures contained in Subpart I but shall be

16 excluded by operation of law from 35 Ill. Adm. Code Part 215,

17 Subparts PP, QQ, and RR, including the applicable definitions

18 in 35 Ill. Adm. Code Part 211. Such persons shall instead be

19 subject to a separate regulation which the Board is hereby

20 authorized to adopt pursuant to the adjusted RACT emissions

21 limitation procedure in 35 Ill. Adm. Code Part 215, Subpart I.

22 In its final action on the petition, the Board shall create a

23 separate rule which establishes Reasonably Available Control

24 Technology (RACT) for such person. The purpose of this

25 procedure is to create separate and independent regulations

26 for purposes of SIP submittal, review, and approval by USEPA.
   HB5070 Enrolled  - 10 - LRB104 19577 BDA 33025 b

1  (G) Subpart FF of Subtitle B, Title 35 Ill. Adm. Code

2 218.720 through 218.730 and 219.720 through 219.730, are

3 hereby repealed by operation of law and are rendered null and

4 void and of no force and effect.

5  (H) In accordance with subsection (b) of Section 7.2, the

6 Board shall adopt ambient air quality standards specifying the

7 maximum permissible short-term and long-term concentrations of

8 various contaminants in the atmosphere; those standards shall

9 be identical in substance to the national ambient air quality

10 standards promulgated by the Administrator of the United

11 States Environmental Protection Agency in accordance with

12 Section 109 of the Clean Air Act, except that the Board shall

13 not adopt under this subsection (H) any standards less

14 stringent than those existing in Board regulations. The Board

15 may consolidate into a single rulemaking under this subsection

16 all such federal regulations adopted within a period of time

17 not to exceed 6 months. The provisions and requirements of

18 Title VII of this Act and Section 5-35 of the Illinois

19 Administrative Procedure Act, relating to procedures for

20 rulemaking, shall not apply to identical in substance

21 regulations adopted pursuant to this subsection. However, the

22 Board shall provide for notice and public comment before

23 adopted rules are filed with the Secretary of State. Nothing

24 in this subsection shall be construed to limit the right of any

25 person to submit a proposal to the Board, or the authority of

26 the Board to adopt, air quality standards more stringent than
    HB5070 Enrolled        - 11 - LRB104 19577 BDA 33025 b

1 the standards promulgated by the Administrator, pursuant to
2 the rulemaking requirements of Title VII of this Act and
3 Section 5-35 of the Illinois Administrative Procedure Act.
4 (Source: P.A. 103-154, eff. 6-30-23.)

5   (415 ILCS 5/13) (from Ch. 111 1/2, par. 1013)

6   Sec. 13. Regulations.

7   (a) The Board, pursuant to procedures prescribed in Title

8 VII of this Act, may adopt regulations to promote the purposes

9 and provisions of this Title. Without limiting the generality

10 of this authority, such regulations may among other things

11 prescribe:

12  (1) Water quality standards specifying among other

13  things, the maximum short-term and long-term

14  concentrations of various contaminants in the waters, the

15  minimum permissible concentrations of dissolved oxygen and

16  other desirable matter in the waters, and the temperature

17  of such waters;

18  (2) Effluent standards specifying the maximum amounts

19  or concentrations, and the physical, chemical, thermal,

20  biological and radioactive nature of contaminants that may

21  be discharged into the waters of the State, as defined

22  herein, including, but not limited to, waters to any

23  sewage works, or into any well, or from any source within

24  the State;

25  (3) Standards for the issuance of permits for
    HB5070 Enrolled      - 12 - LRB104 19577 BDA 33025 b

1   construction, installation, or operation of any equipment,

2   facility, vessel, or aircraft capable of causing or

3   contributing to water pollution or designed to prevent

4   water pollution or for the construction or installation of

5   any sewer or sewage treatment facility or any new outlet

6   for contaminants into the waters of this State;

7   (4) The circumstances under which the operators of

8   sewage works are required to obtain and maintain

9   certification by the Agency under Section 13.5 and the

10  types of sewage works to which those requirements apply,

11  which may, without limitation, include wastewater

12  treatment works, pretreatment works, and sewers and

13  collection systems;

14  (5) Standards for the filling or sealing of abandoned

15  water wells and holes, and holes for disposal of drainage

16  in order to protect ground water against contamination;

17  (6) Standards and conditions regarding the sale,

18  offer, or use of any pesticide, detergent, or any other

19  article determined by the Board to constitute a water

20  pollution hazard, provided that any such regulations

21  relating to pesticides shall be adopted only in accordance

22  with the "Illinois Pesticide Act", approved August 14,

23  1979 as amended;

24  (7) Alert and abatement standards relative to

25  water-pollution episodes or emergencies which constitute

26  an acute danger to health or to the environment;
    HB5070 Enrolled  - 13 - LRB104 19577 BDA 33025 b

1          (8) Requirements and procedures for the inspection of

2   any equipment, facility, or vessel that may cause or

3   contribute to water pollution;

4          (9) Requirements and standards for equipment and

5   procedures for monitoring contaminant discharges at their

6   sources, the collection of samples and the collection,

7   reporting and retention of data resulting from such

8   monitoring.

9   (b) Notwithstanding other provisions of this Act and for

10 purposes of implementing an NPDES program, the Board shall

11 adopt:

12         (1) Requirements, standards, and procedures which,

13  together with other regulations adopted pursuant to this

14  Section 13, are necessary or appropriate to enable the

15  State of Illinois to implement and participate in the

16  National Pollutant Discharge Elimination System (NPDES)

17  pursuant to and under the Federal Water Pollution Control

18  Act, as now or hereafter amended. All regulations adopted

19  by the Board governing the NPDES program shall be

20  consistent with and at least as stringent as the

21  applicable provisions of such federal Act and regulations

22  pursuant thereto, and otherwise shall be consistent with

23  all other provisions of this Act, and shall exclude from

24  the requirement to obtain any operating permit otherwise

25  required under this Title a facility for which an NPDES

26  permit has been issued under Section 39(b); provided,
    HB5070 Enrolled      - 14 - LRB104 19577 BDA 33025 b

1   however, that for purposes of this paragraph, a UIC

2   permit, as required under Section 12(g) and 39(d) of this

3   Act, is not an operating permit.

4   (2) Regulations for the exemption of any category or

5   categories of persons or contaminant sources from the

6   requirement to obtain any NPDES permit prescribed or from

7   any standards or conditions governing such permit when the

8   environment will be adequately protected without the

9   requirement of such permit, and such exemption is either

10  consistent with the Federal Water Pollution Control Act,

11  as now or hereafter amended, or regulations pursuant

12  thereto, or is necessary to avoid an arbitrary or

13  unreasonable hardship to such category or categories of

14  persons or sources.

15  (c) In accordance with Section 7.2, and notwithstanding

16 any other provisions of this Act, for purposes of implementing

17 a State UIC program, the Board shall adopt regulations which

18 are identical in substance to federal regulations or

19 amendments thereto promulgated by the Administrator of the

20 United States Environmental Protection Agency in accordance

21 with Section 1421 of the Safe Drinking Water Act (P.L.

22 93-523), as amended, except that the Board shall not adopt

23 under this subsection (c) any standards less stringent than

24 those existing in Board regulations. The Board may consolidate

25 into a single rulemaking under this Section all such federal

26 regulations adopted within a period of time not to exceed 6
    HB5070 Enrolled  - 15 - LRB104 19577 BDA 33025 b

1 months. The provisions and requirements of Title VII of this

2 Act shall not apply to regulations adopted under this

3 subsection. Section 5-35 of the Illinois Administrative

4 Procedure Act relating to procedures for rulemaking shall not

5 apply to regulations adopted under this subsection.

6   (d) The Board may adopt regulations relating to a State

7 UIC program that are not inconsistent with and are at least as

8 stringent as the Safe Drinking Water Act (P.L. 93-523), as

9 amended, or regulations adopted thereunder. Regulations

10 adopted pursuant to this subsection shall be adopted in

11 accordance with the provisions and requirements of Title VII

12 of this Act and the procedures for rulemaking in Section 5-35

13 of the Illinois Administrative Procedure Act.

14 (Source: P.A. 93-170, eff. 7-10-03.)

15  (415 ILCS 5/13.3) (from Ch. 111 1/2, par. 1013.3)

16  Sec. 13.3. In accordance with Section 7.2, the Board shall

17 adopt regulations which are identical in substance to federal

18 regulations or amendments thereto promulgated by the

19 Administrator of the United States Environmental Protection

20 Agency to implement Sections 307(b), (c), (d), 402(b)(8) and

21 402(b)(9) of the Federal Water Pollution Control Act, as

22 amended, except that the Board shall not adopt under this

23 Section any standards less stringent than those existing in

24 Board regulations. The Board may consolidate into a single

25 rulemaking under this Section all such federal regulations
    HB5070 Enrolled  - 16 - LRB104 19577 BDA 33025 b

1 adopted within a period of time not to exceed 6 months. The
2 provisions and requirements of Title VII of this Act shall not
3 apply to regulations adopted under this Section. Sections 5-35
4 and 5-75 of the Illinois Administrative Procedure Act relating
5 to procedures for rulemaking shall not apply to regulations
6 adopted under this Section. However, the Board shall provide
7 for notice and public comment before adopted rules are filed
8 with the Secretary of State.
9 (Source: P.A. 88-45; 89-445, eff. 2-7-96.)

10  (415 ILCS 5/17.5) (from Ch. 111 1/2, par. 1017.5)

11  Sec. 17.5. In accordance with Section 7.2, the Board shall

12 adopt regulations which are "identical in substance" to

13 federal regulations or amendments thereto promulgated by the

14 Administrator of the United States Environmental Protection

15 Agency to implement Sections 1412(b), 1414(c), 1417(a), and

16 1445(a) of the Safe Drinking Water Act (P.L. 93-523), as

17 amended, except that the Board shall not adopt under this

18 Section any standards less stringent than those existing in

19 Board regulations. The provisions and requirements of Title

20 VII of this Act shall not apply to regulations adopted under

21 this Section. Section 5-35 of the Illinois Administrative

22 Procedure Act relating to procedures for rulemaking shall not

23 apply to regulations adopted under this Section. However, the

24 Board shall provide for notice and public comment before

25 adopted rules are filed with the Secretary of State. The Board
    HB5070 Enrolled  - 17 - LRB104 19577 BDA 33025 b

1 may consolidate into a single rulemaking under this Section
2 all such federal regulations adopted within a period of time
3 not to exceed 6 months.
4 (Source: P.A. 88-45.)

5   (415 ILCS 5/22.4) (from Ch. 111 1/2, par. 1022.4)

6   Sec. 22.4. Hazardous waste; underground storage tanks;

7 regulations.

8   (a) In accordance with Section 7.2, the Board shall adopt

9 regulations which are identical in substance to federal

10 regulations or amendments thereto promulgated by the

11 Administrator of the United States Environmental Protection

12 Agency to implement Sections 3001, 3002, 3003, 3004, and 3005,

13 of the Resource Conservation and Recovery Act of 1976 (P.L.

14 94-580), except that the Board shall not adopt under this

15 subsection (a) any standards less stringent than those

16 existing in Board regulations. The Board may consolidate into

17 a single rulemaking under this Section all such federal

18 regulations adopted within a period of time not to exceed 6

19 months. The provisions and requirements of Title VII of this

20 Act shall not apply to rules adopted under this subsection.

21 Section 5-35 of the Illinois Administrative Procedure Act

22 relating to procedures for rulemaking shall not apply to rules

23 adopted under this subsection.

24  (b) The Board may adopt regulations relating to a State

25 hazardous waste management program that are not inconsistent
    HB5070 Enrolled  - 18 - LRB104 19577 BDA 33025 b

1 with and at least as stringent as the Resource Conservation

2 and Recovery Act of 1976 (P.L. 94-580), or regulations adopted

3 thereunder. Regulations adopted pursuant to this subsection

4 shall be adopted in accordance with the provisions and

5 requirements of Title VII of this Act and the procedures for

6 rulemaking in Section 5-35 of the Illinois Administrative

7 Procedure Act.

8   (c) Notwithstanding subsection (a) of this Section, the

9 Board may adopt additional regulations identifying the

10 characteristics of hazardous waste and additional regulations

11 listing hazardous waste. In adopting such regulations, the

12 Board shall take into account the toxicity, persistence, and

13 degradability in nature, the potential for accumulation in

14 tissue, and other related factors such as flammability,

15 corrosiveness, and other hazardous characteristics. The

16 regulations may be revised from time to time as may be

17 appropriate. Regulations adopted pursuant to this subsection

18 shall be adopted in accordance with the provisions and

19 requirements of this Act and the procedures for rulemaking in

20 Section 5-35 of the Illinois Administrative Procedure Act.

21  (d) (1) In accordance with Section 7.2, after the adoption

22 of regulations by the United States Environmental Protection

23 Agency to implement Section 9003 of Subtitle I of the

24 Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616) of

25 the Resource Conservation and Recovery Act of 1976 (P.L.

26 94-580), or any amendments to such regulations, the Board
    HB5070 Enrolled           - 19 - LRB104 19577 BDA 33025 b

1 shall adopt regulations relating to corrective action at

2 underground storage tanks that are identical in substance to

3 such federal regulations, except that the Board shall not

4 adopt under this subsection (d) any standards less stringent

5 than those existing in Board regulations.

6   (2) The rulemaking provisions of Title VII of this Act and

7 of Section 5-35 of the Illinois Administrative Procedure Act

8 shall not apply to regulations or amendments adopted pursuant

9 to this subsection (d).

10  (3) For purposes of adopting regulations or amendments

11 thereto under this subsection (d), corrective action shall not

12 include requirements providing for design, construction,

13 installation, general operation, release detection, release

14 reporting, release determination investigation, release

15 confirmation, out-of-service systems and their closure or

16 financial responsibility.

17  (4) By January 1, 1992, the Board shall amend its rules

18 pertaining to underground storage tanks adopted under

19 paragraph (1) of this subsection to make those rules

20 applicable to any heating oil underground storage tank.

21 (Source: P.A. 87-323; 87-1088; 88-45.)

22  (415 ILCS 5/22.40)

23  Sec. 22.40. Municipal solid waste landfill rules.

24  (a) In accordance with Sec. 7.2, the Board shall adopt

25 rules that are identical in substance to federal regulations
    HB5070 Enrolled  - 20 - LRB104 19577 BDA 33025 b

1 or amendments thereto promulgated by the Administrator of the

2 United States Environmental Protection Agency to implement

3 Sections 4004 and 4010 of the Resource Conservation and

4 Recovery Act of 1976 (P.L. 94-580) insofar as those

5 regulations relate to a municipal solid waste landfill unit

6 program, except that the Board shall not under this subsection

7 (a) adopt any standards less stringent than those existing in

8 Board regulations. The Board may consolidate into a single

9 rulemaking under this Section all such federal regulations

10 adopted within a period of time not to exceed 6 months. Where

11 the federal regulations authorize the State to adopt

12 alternative standards, schedules, or procedures to the

13 standards, schedules, or procedures contained in the federal

14 regulations, the Board may adopt alternative standards,

15 schedules, or procedures under subsection (b) or retain

16 existing Board rules that establish alternative standards,

17 schedules, or procedures that are not inconsistent with the

18 federal regulations. The Board may consolidate into a single

19 rulemaking under this Section all such federal regulations

20 adopted within a period of time not to exceed 6 months.

21  The provisions and requirements of Title VII of this Act

22 shall not apply to rules adopted under this subsection (a).

23 Section 5-35 of the Illinois Administrative Procedure Act

24 relating to the procedures for rulemaking shall not apply to

25 regulations adopted under this subsection (a).

26  (b) The Board may adopt regulations relating to a State
    HB5070 Enrolled  - 21 - LRB104 19577 BDA 33025 b

1 municipal solid waste landfill program that are not

2 inconsistent with the Resource Conservation and Recovery Act

3 of 1976 (P.L. 94-580), or regulations adopted thereunder.

4 Rules adopted under this subsection shall be adopted in

5 accordance with the provisions and requirements of Title VII

6 of this Act and the procedures for rulemaking in Section 5-35

7 of the Illinois Administrative Procedure Act.

8   (c) (Blank.)

9 (Source: P.A. 92-574, eff. 6-26-02.)

10  Section 99. Effective date. This Act takes effect upon

11 becoming law.
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