Public Act 102-0243
 
SB0695 EnrolledLRB102 13997 CPF 19349 b


  
    AN ACT concerning safety.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Environmental Protection Act is amended  by 
changing Sections 28.5 and 56.2 as follows:
 



    (415 ILCS 5/28.5)




    Sec. 28.5. Clean Air Act rules; fast-track. 

    (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).


    (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

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

specifies the method for adopting a specific rule.

    (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.

    (d) The Agency must submit its fast-track rulemaking 
proposal in the
following form:

        (1) The Agency must file the rule in a form that meets 
    the
requirements of the Illinois Administrative Procedure 
    Act and regulations
promulgated thereunder.

        (2) The cover sheet of the proposal shall prominently 
    state that the
rule is being proposed under this Section.

        (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.

        (4) The supporting documentation for the rule shall 
    summarize the basis of the rule.

        (5) The Agency must describe in general the 
    alternative selected
and the basis for the alternative.

        (6) The Agency must file a summary of economic and 
    technical data
upon which it relied in drafting the rule.

        (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.

        (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

    entities expected to be affected, and a list of sources 
    expected to be affected
by the rule to the extent known to 
    the Agency.

    (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.

    (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

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.

        (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

    second hearing be held.

            (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.

            (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

        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.

        (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.

        (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

    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.

    (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.

    (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.

    (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.

    (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.

    (k) Following the hearings, the Board must close the 
record 14 days
after the availability of the transcript.

    (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.

    (m) All rules adopted by the Board under this Section 
shall be based
solely on the record before it.

    (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

second notice under the Illinois Administrative Procedure Act 
within 5 days
after adoption of the order.

    (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.



(Source: P.A. 101-645, eff. 6-26-20.)
 



    (415 ILCS 5/56.2)  (from Ch. 111 1/2, par. 1056.2)



    Sec. 56.2. Regulations. 

    (a) No later than July 1, 1993, the Board shall adopt

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:


        (1) eliminates the infectious potential of the waste;


        (2) prevents compaction and rupture of containers 
    during handling
operations;


        (3) disposes of treatment residuals in accordance with 
    this Act and
regulations adopted thereunder;


        (4) provides for quality assurance programs;


        (5) provides for periodic testing using biological 
    testing, where
appropriate, that demonstrate proper 
    treatment of the waste;


        (6) provides for assurances that clearly demonstrate 
    that potentially
infectious medical waste has been 
    properly treated; and


        (7) is in compliance with all Federal and State laws 
    and regulations
pertaining to environmental protection.

    (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.

    (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

infectious medical waste.

    (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.

    (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

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).

    (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.

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

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.