Section 702.105  Rulemaking

a)         Identical-in-Substance Regulations

1)         Generally applicable federal rules.  Twice each year, the Board reserves identical-in-substance rulemaking dockets pursuant to Sections 7.2, 13(c), and 22.4(a) of the Act.  The Board's intent is generally to include all federal RCRA or UIC amendments that occurred in the appropriate of the prior concluded update periods of January 1 through June 30 or July 1 through December 31. The Board reviews the federal actions that occurred in the period of interest and includes those that require Board action in the reserved docket. The Board itself initiates any necessary amendments to the RCRA or UIC program, so no person needs to file a rulemaking proposal for the included amendments.  The Board routinely excludes from these identical-in-substance proposals those federal amendments that pertain to facilities or activities that exist or occur outside Illinois.

2)         The Board does not generally include site-specific federal amendments in an identical-in-substance rulemaking proposal without a request from a member of the regulated community.  The owner or operator of a facility subject to a site-specific federal rule that wishes the Board to incorporate that rule into the Illinois regulations should submit a request to the Clerk of the Board for inclusion of that site-specific rule in a future identical-in-substance rulemaking proposal.  Any person wishing such inclusion may petition the Board to adopt appropriate amendments to the Illinois RCRA or UIC program pursuant to Sections 7.2 and 13(c) or  22.4(a) of the Act.  The petition must take the form of a proposal for rulemaking pursuant to 35 Ill. Adm. Code 101 and 102.  The proposal must include a listing of all amendments of interest to the petitioner together with copies of the Federal Register notices on which the amendments are to be based.

b)         Other Regulations. With respect to the Illinois RCRA or UIC program or permit issuance, any person may petition the Board to adopt amendments or additional regulations that are not identical in substance to federal regulations.  Such proposal must conform to 35 Ill. Adm. Code 101 and 102and Sections 13(d), 22.4(b) and (c), and Title VII of the Act.

(Source:  Amended at 42 Ill. Reg. 20953, effective November 19, 2018)