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HB5070 - 104th General Assembly

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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

HB5070 Enrolled
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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

HB5070 Enrolled
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LRB104 19577 BDA 33025 b
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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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

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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

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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

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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

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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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