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SB3556 • 2026

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Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Laura Ellman
Last action
2026-04-17
Official status
Rule 3-9(a) / Re-referred to Assignments
Effective date
Not listed

Plain English Breakdown

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What This Bill Does

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Limits and Unknowns

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Amendments

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Senate Committee Amendment No. 1

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Senate Floor Amendment No. 2

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Bill History

  1. 2026-04-17 Illinois General Assembly

    Rule 3-9(a) / Re-referred to Assignments

  2. 2026-04-15 Illinois General Assembly

    Added as Co-Sponsor Sen. Rachel Ventura

  3. 2026-03-31 Illinois General Assembly

    Added as Co-Sponsor Sen. Adriane Johnson

  4. 2026-03-26 Illinois General Assembly

    Senate Floor Amendment No. 2 Recommend Do Adopt Environment and Conservation ; 006-002-001

  5. 2026-03-26 Illinois General Assembly

    Senate Floor Amendment No. 2 Adopted; Ellman

  6. 2026-03-26 Illinois General Assembly

    Second Reading

  7. 2026-03-26 Illinois General Assembly

    Placed on Calendar Order of 3rd Reading April 14, 2026

  8. 2026-03-24 Illinois General Assembly

    Senate Floor Amendment No. 2 Assignments Refers to Environment and Conservation

  9. 2026-03-20 Illinois General Assembly

    Senate Floor Amendment No. 2 Filed with Secretary by Sen. Laura Ellman

  10. 2026-03-20 Illinois General Assembly

    Senate Floor Amendment No. 2 Referred to Assignments

  11. 2026-03-12 Illinois General Assembly

    Senate Committee Amendment No. 1 Adopted

  12. 2026-03-12 Illinois General Assembly

    Do Pass as Amended Environment and Conservation ; 006-002-000

  13. 2026-03-12 Illinois General Assembly

    Placed on Calendar Order of 2nd Reading March 24, 2026

  14. 2026-03-05 Illinois General Assembly

    Postponed - Environment and Conservation

  15. 2026-03-05 Illinois General Assembly

    Senate Committee Amendment No. 1 Postponed - Environment and Conservation

  16. 2026-03-05 Illinois General Assembly

    Added as Co-Sponsor Sen. Suzy Glowiak Hilton

  17. 2026-03-04 Illinois General Assembly

    Senate Committee Amendment No. 1 Assignments Refers to Environment and Conservation

  18. 2026-03-04 Illinois General Assembly

    Added as Co-Sponsor Sen. Paul Faraci

  19. 2026-03-04 Illinois General Assembly

    Added as Co-Sponsor Sen. Julie A. Morrison

  20. 2026-03-03 Illinois General Assembly

    Senate Committee Amendment No. 1 Filed with Secretary by Sen. Laura Ellman

  21. 2026-03-03 Illinois General Assembly

    Senate Committee Amendment No. 1 Referred to Assignments

  22. 2026-02-26 Illinois General Assembly

    Postponed - Environment and Conservation

  23. 2026-02-17 Illinois General Assembly

    Assigned to Environment and Conservation

  24. 2026-02-05 Illinois General Assembly

    Filed with Secretary by Sen. Laura Ellman

  25. 2026-02-05 Illinois General Assembly

    First Reading

  26. 2026-02-05 Illinois General Assembly

    Referred to Assignments

Official Summary Text

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3556

Introduced 2/5/2026, by Sen. Laura Ellman

SYNOPSIS AS INTRODUCED:

415 ILCS 5/10

from Ch. 111 1/2, par. 1010
415 ILCS 5/13

from Ch. 111 1/2, par. 1013
415 ILCS 5/17

from Ch. 111 1/2, par. 1017
415 ILCS 5/17.5

from Ch. 111 1/2, par. 1017.5
415 ILCS 5/22.4

from Ch. 111 1/2, par. 1022.4
415 ILCS 5/22.40

Amends the Environmental Protection Act. In provisions concerning the
regulation of air pollution, water pollution, drinking water, hazardous
waste, and landfills, provides that the Illinois Pollution Control Board
shall not adopt any standards that are less stringent than those existing
in Board regulations. Provides that various provisions of the Act shall
not be construed to limit the right of a person to submit to the Board, or
for the Board to adopt, regulations more stringent than the regulations
promulgated by the Administrator of the United States Environmental
Protection Agency.
LRB104 19578 BDA 33026 b

A BILL FOR

SB3556
LRB104 19578 BDA 33026 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 10, 13, 17, 17.5, 22.4, and 22.40 as
6
follows:

7

(415 ILCS 5/10)

(from Ch. 111 1/2, par. 1010)
8

Sec. 10.
Regulations.
9

(A) The Board, pursuant to procedures prescribed in Title
10
VII of this Act, may adopt regulations to promote the purposes
11
of this Title. Without limiting the generality of this
12
authority, such regulations may among other things prescribe:

13

(a) (Blank);

14

(b) Emission standards specifying the maximum amounts
15

or concentrations of various contaminants that may be
16

discharged into the atmosphere;

17

(c) Standards for the issuance of permits for
18

construction, installation, or operation of any equipment,
19

facility, vehicle, vessel, or aircraft capable of causing
20

or contributing to air pollution or designed to prevent
21

air pollution;

22

(d) Standards and conditions regarding the sale,
23

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

SB3556
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LRB104 19578 BDA 33026 b
1

determined by the Board to constitute an air-pollution
2

hazard;

3

(e) Alert and abatement standards relative to
4

air-pollution episodes or emergencies constituting an
5

acute danger to health or to the environment;

6

(f) Requirements and procedures for the inspection of
7

any equipment, facility, vehicle, vessel, or aircraft that
8

may cause or contribute to air pollution;

9

(g) Requirements and standards for equipment and
10

procedures for monitoring contaminant discharges at their
11

sources, the collection of samples, and the collection,
12

reporting, and retention of data resulting from such
13

monitoring.
14

(B) The Board may adopt regulations and emission standards
15
that are applicable or that may become applicable to
16
stationary emission sources located in all areas of the State
17
in accordance with any of the following:

18

(1) that are required by federal law;

19

(2) that are otherwise part of the State's attainment
20

plan and are necessary to attain the national ambient air
21

quality standards;
or

22

(3) that are necessary to comply with the requirements
23

of the federal Clean Air Act
; or

.

24

(4) that are necessary to comply with air quality
25

standards adopted by the Board that are more stringent
26

than federal standards.

SB3556
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LRB104 19578 BDA 33026 b
1

(C) The Board may not adopt any regulation banning the
2
burning of landscape waste throughout the State generally. The
3
Board may, by regulation, restrict or prohibit the burning of
4
landscape waste within any geographical area of the State if
5
it determines based on medical and biological evidence
6
generally accepted by the scientific community that such
7
burning will produce in the atmosphere of that geographical
8
area contaminants in sufficient quantities and of such
9
characteristics and duration as to be injurious to human,
10
plant, or animal life or health.
11

(D) The Board shall adopt regulations requiring the owner
12
or operator of a gasoline dispensing system that dispenses
13
more than 10,000 gallons of gasoline per month to install and
14
operate a system for the recovery of gasoline vapor emissions
15
arising from the fueling of motor vehicles that meets the
16
requirements of Section 182 of the federal Clean Air Act (42
17
U.S.C. 7511a). These regulations shall apply only in areas of
18
the State that are classified as moderate, serious, severe, or
19
extreme nonattainment areas for ozone pursuant to Section 181
20
of the federal Clean Air Act (42 U.S.C. 7511), but shall not
21
apply in such areas classified as moderate nonattainment areas
22
for ozone if the Administrator of the U.S. Environmental
23
Protection Agency promulgates standards for vehicle-based
24
(onboard) systems for the control of vehicle refueling
25
emissions pursuant to Section 202(a)(6) of the federal Clean
26
Air Act (42 U.S.C. 7521(a)(6)) by November 15, 1992.

SB3556
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LRB104 19578 BDA 33026 b
1

(E) The Board shall not adopt or enforce any regulation
2
requiring the use of a tarpaulin or other covering on a truck,
3
trailer, or other vehicle that is stricter than the
4
requirements of Section 15-109.1 of the Illinois Vehicle Code.
5
To the extent that it is in conflict with this subsection, the
6
Board's rule codified as 35 Ill. Adm. Code 212.315 is hereby
7
superseded.
8

(F) Any person who, prior to June 8, 1988, has filed a
9
timely Notice of Intent to Petition for an Adjusted RACT
10
Emissions Limitation and who subsequently timely files a
11
completed petition for an adjusted RACT emissions limitation
12
pursuant to 35 Ill. Adm. Code Part 215, Subpart I, shall be
13
subject to the procedures contained in Subpart I but shall be
14
excluded by operation of law from 35 Ill. Adm. Code Part 215,
15
Subparts PP, QQ, and RR, including the applicable definitions
16
in 35 Ill. Adm. Code Part 211. Such persons shall instead be
17
subject to a separate regulation which the Board is hereby
18
authorized to adopt pursuant to the adjusted RACT emissions
19
limitation procedure in 35 Ill. Adm. Code Part 215, Subpart I.
20
In its final action on the petition, the Board shall create a
21
separate rule which establishes Reasonably Available Control
22
Technology (RACT) for such person. The purpose of this
23
procedure is to create separate and independent regulations
24
for purposes of SIP submittal, review, and approval by USEPA.
25

(G) Subpart FF of Subtitle B, Title 35 Ill. Adm. Code
26
218.720 through 218.730 and 219.720 through 219.730, are

SB3556
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LRB104 19578 BDA 33026 b
1
hereby repealed by operation of law and are rendered null and
2
void and of no force and effect.
3

(H) In accordance with subsection (b) of Section 7.2, the
4
Board shall adopt ambient air quality standards specifying the
5
maximum permissible short-term and long-term concentrations of
6
various contaminants in the atmosphere; those standards shall
7
be identical in substance to the national ambient air quality
8
standards promulgated by the Administrator of the United
9
States Environmental Protection Agency in accordance with
10
Section 109 of the Clean Air Act
, except that the Board shall
11
not adopt under this Section any standards less stringent than
12
those existing in Board regulations
. The Board may consolidate
13
into a single rulemaking under this subsection all such
14
federal regulations adopted within a period of time not to
15
exceed 6 months. The provisions and requirements of Title VII
16
of this Act and Section 5-35 of the Illinois Administrative
17
Procedure Act, relating to procedures for rulemaking, shall
18
not apply to identical in substance regulations adopted
19
pursuant to this subsection. However, the Board shall provide
20
for notice and public comment before adopted rules are filed
21
with the Secretary of State. Nothing in this subsection shall
22
be construed to limit the right of any person to submit a
23
proposal to the Board, or the authority of the Board to adopt,
24
air quality standards more stringent than the standards
25
promulgated by the Administrator, pursuant to the rulemaking
26
requirements of Title VII of this Act and Section 5-35 of the

SB3556
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LRB104 19578 BDA 33026 b
1
Illinois Administrative Procedure Act.
2

(I) Nothing in this Title II shall be construed to limit
3
the right of any person to submit a proposal to the Board, or
4
the authority of the Board to adopt, regulations more
5
stringent than the regulations promulgated by the
6
Administrator, pursuant to the rulemaking requirements of
7
Title VII of this Act and Section 5-35 of the Illinois
8
Administrative Procedure Act.

9
(Source: P.A. 103-154, eff. 6-30-23.)

10

(415 ILCS 5/13)

(from Ch. 111 1/2, par. 1013)
11

Sec. 13.
Regulations.
12

(a) The Board, pursuant to procedures prescribed in Title
13
VII of this Act, may adopt regulations to promote the purposes
14
and provisions of this Title. Without limiting the generality
15
of this authority, such regulations may among other things
16
prescribe:

17

(1) Water quality standards specifying among other
18

things, the maximum short-term and long-term
19

concentrations of various contaminants in the waters, the
20

minimum permissible concentrations of dissolved oxygen and
21

other desirable matter in the waters, and the temperature
22

of such waters;

23

(2) Effluent standards specifying the maximum amounts
24

or concentrations, and the physical, chemical, thermal,
25

biological and radioactive nature of contaminants that may

SB3556
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LRB104 19578 BDA 33026 b
1

be discharged into the waters of the State, as defined
2

herein, including, but not limited to, waters to any
3

sewage works, or into any well, or from any source within
4

the State;

5

(3) Standards for the issuance of permits for
6

construction, installation, or operation of any equipment,
7

facility, vessel, or aircraft capable of causing or
8

contributing to water pollution or designed to prevent
9

water pollution or for the construction or installation of
10

any sewer or sewage treatment facility or any new outlet
11

for contaminants into the waters of this State;

12

(4) The circumstances under which the operators of
13

sewage works are required to obtain and maintain
14

certification by the Agency under Section 13.5 and the
15

types of sewage works to which those requirements apply,
16

which may, without limitation, include wastewater
17

treatment works, pretreatment works, and sewers and
18

collection systems;

19

(5) Standards for the filling or sealing of abandoned
20

water wells and holes, and holes for disposal of drainage
21

in order to protect ground water against contamination;

22

(6) Standards and conditions regarding the sale,
23

offer, or use of any pesticide, detergent, or any other
24

article determined by the Board to constitute a water
25

pollution hazard, provided that any such regulations
26

relating to pesticides shall be adopted only in accordance

SB3556
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LRB104 19578 BDA 33026 b
1

with the "Illinois Pesticide Act", approved August 14,
2

1979 as amended;

3

(7) Alert and abatement standards relative to
4

water-pollution episodes or emergencies which constitute
5

an acute danger to health or to the environment;

6

(8) Requirements and procedures for the inspection of
7

any equipment, facility, or vessel that may cause or
8

contribute to water pollution;

9

(9) Requirements and standards for equipment and
10

procedures for monitoring contaminant discharges at their
11

sources, the collection of samples and the collection,
12

reporting and retention of data resulting from such
13

monitoring.
14

(b) Notwithstanding other provisions of this Act and for
15
purposes of implementing an NPDES program, the Board shall
16
adopt:

17

(1) Requirements, standards, and procedures which,
18

together with other regulations adopted pursuant to this
19

Section 13, are necessary or appropriate to enable the
20

State of Illinois to implement and participate in the
21

National Pollutant Discharge Elimination System (NPDES)
22

pursuant to and under the Federal Water Pollution Control
23

Act, as now or hereafter amended. All regulations adopted
24

by the Board governing the NPDES program shall be
25

consistent with the applicable provisions of such federal
26

Act and regulations pursuant thereto, and otherwise shall

SB3556
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LRB104 19578 BDA 33026 b
1

be consistent with all other provisions of this Act, and
2

shall exclude from the requirement to obtain any operating
3

permit otherwise required under this Title a facility for
4

which an NPDES permit has been issued under Section 39(b);
5

provided, however, that for purposes of this paragraph, a
6

UIC permit, as required under Section 12(g) and 39(d) of
7

this Act, is not an operating permit.

8

(2) Regulations for the exemption of any category or
9

categories of persons or contaminant sources from the
10

requirement to obtain any NPDES permit prescribed or from
11

any standards or conditions governing such permit when the
12

environment will be adequately protected without the
13

requirement of such permit, and such exemption is either
14

consistent with the Federal Water Pollution Control Act,
15

as now or hereafter amended, or regulations pursuant
16

thereto, or is necessary to avoid an arbitrary or
17

unreasonable hardship to such category or categories of
18

persons or sources.
19

(c) In accordance with Section 7.2, and notwithstanding
20
any other provisions of this Act, for purposes of implementing
21
a State UIC program, the Board shall adopt regulations which
22
are identical in substance to federal regulations or
23
amendments thereto promulgated by the Administrator of the
24
United States Environmental Protection Agency in accordance
25
with Section 1421 of the Safe Drinking Water Act (P.L.
26
93-523), as amended
, except that the Board shall not adopt

SB3556
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LRB104 19578 BDA 33026 b
1
under this Section any standards less stringent than those
2
existing in Board regulations
. The Board may consolidate into
3
a single rulemaking under this Section all such federal
4
regulations adopted within a period of time not to exceed 6
5
months. The provisions and requirements of Title VII of this
6
Act shall not apply to regulations adopted under this
7
subsection. Section 5-35 of the Illinois Administrative
8
Procedure Act relating to procedures for rulemaking shall not
9
apply to regulations adopted under this subsection.
10

(d) The Board may adopt regulations relating to a State
11
UIC program that are not inconsistent with and are at least as
12
stringent as the Safe Drinking Water Act (P.L. 93-523), as
13
amended, or regulations adopted thereunder. Regulations
14
adopted pursuant to this subsection shall be adopted in
15
accordance with the provisions and requirements of Title VII
16
of this Act and the procedures for rulemaking in Section 5-35
17
of the Illinois Administrative Procedure Act.
18

(e) Nothing in this Title III shall be construed to limit
19
the right of any person to submit a proposal to the Board, or
20
the authority of the Board to adopt, regulations more
21
stringent than the regulations promulgated by the
22
Administrator, pursuant to the rulemaking requirements of
23
Title VII of this Act and Section 5-35 of the Illinois
24
Administrative Procedure Act.

25
(Source: P.A. 93-170, eff. 7-10-03.)

SB3556
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LRB104 19578 BDA 33026 b
1

(415 ILCS 5/17)

(from Ch. 111 1/2, par. 1017)
2

Sec. 17.
Rules; chlorination requirements.
3

(a) The Board may adopt regulations governing the
4
location, design, construction, and continuous operation and
5
maintenance of public water supply installations, changes or
6
additions which may affect the continuous sanitary quality,
7
mineral quality, or adequacy of the public water supply,
8
pursuant to Title VII of this Act.
Nothing in this Title IV
9
shall be construed to limit the right of any person to submit a
10
proposal to the Board, or the authority of the Board to adopt,
11
regulations more stringent than the regulations promulgated by
12
the Administrator, pursuant to the rulemaking requirements of
13
Title VII of this Act and Section 5-35 of the Illinois
14
Administrative Procedure Act.

15

(b) The Agency shall exempt from any mandatory
16
chlorination requirement of the Board any community water
17
supply which meets all of the following conditions:

18

(1) The population of the community served is not more
19

than 5,000;

20

(2) Has as its only source of raw water one or more
21

properly constructed wells into confined geologic
22

formations not subject to contamination;

23

(3) Has no history of persistent or recurring
24

contamination, as indicated by sampling results which show
25

violations of finished water quality requirements, for the
26

most recent five-year period;

SB3556
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LRB104 19578 BDA 33026 b
1

(4) Does not provide any raw water treatment other
2

than fluoridation;

3

(5) Has an active program approved by the Agency to
4

educate water supply consumers on preventing the entry of
5

contaminants into the water system;

6

(6) Has a certified operator of the proper class, or
7

is an exempt community water supply, under the Public
8

Water Supply Operations Act;

9

(7) Submits samples for microbiological analysis at
10

twice the frequency specified in the Board regulations;
11

and

12

(8) A unit of local government seeking to exempt its
13

public water supply from the chlorination requirement
14

under this subsection (b) on or after September 9, 1983
15

shall be required to receive the approval of the voters of
16

such local government. The proposition to exempt the
17

community water supply from the mandatory chlorination
18

requirement shall be placed on the ballot if the governing
19

body of the local government adopts an ordinance or
20

resolution directing the clerk of the local government to
21

place such question on the ballot. The clerk shall cause
22

the election officials to place the proposition on the
23

ballot at the next election at which such proposition may
24

be voted upon if a certified copy of the adopted ordinance
25

or resolution is filed in his office at least 90 days
26

before such election. The proposition shall also be placed

SB3556
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LRB104 19578 BDA 33026 b
1

on the ballot if a petition containing the signatures of
2

at least 10% of the eligible voters residing in the local
3

government is filed with the clerk at least 90 days before
4

the next election at which the proposition may be voted
5

upon. The proposition shall be in substantially the
6

following form:
7
----------------------------------------------

8

Shall the community

9
water supply of ..... (specify YES

10
the unit of local government)

11
be exempt from the mandatory
-----------------------------

12
chlorination requirement NO

13
of the State of Illinois?

14
-------------------------------------------------------------
15

If the majority of the voters of the local government
16
voting therein vote in favor of the proposition, the community
17
water supply of that local government shall be exempt from the
18
mandatory chlorination requirement, provided that the other
19
requirements under this subsection (b) are met. If the
20
majority of the vote is against such proposition, the
21
community water supply may not be exempt from the mandatory
22
chlorination requirement.
23

Agency decisions regarding exemptions under this
24
subsection may be appealed to the Board pursuant to the
25
provisions of Section 40(a) of this Act.
26

(c) Any supply showing contamination in its distribution

SB3556
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LRB104 19578 BDA 33026 b
1
system (including finished water storage) may be required to
2
chlorinate until the Agency has determined that the source of
3
contamination has been removed and all traces of contamination
4
in the distribution system have been eliminated. Standby
5
chlorination equipment may be required by the Agency if a
6
supply otherwise exempt from chlorination shows frequent or
7
gross episodes of contamination.
8
(Source: P.A. 98-78, eff. 7-15-13.)

9

(415 ILCS 5/17.5)

(from Ch. 111 1/2, par. 1017.5)
10

Sec. 17.5.
In accordance with Section 7.2, the Board shall
11
adopt regulations which are "identical in substance" to
12
federal regulations or amendments thereto promulgated by the
13
Administrator of the United States Environmental Protection
14
Agency to implement Sections 1412(b), 1414(c), 1417(a), and
15
1445(a) of the Safe Drinking Water Act (P.L. 93-523), as
16
amended
, except that the Board shall not adopt under this
17
Section any standards less stringent than those existing in
18
Board regulations
. The provisions and requirements of Title
19
VII of this Act shall not apply to regulations adopted under
20
this Section. Section 5-35 of the Illinois Administrative
21
Procedure Act relating to procedures for rulemaking shall not
22
apply to regulations adopted under this Section. However, the
23
Board shall provide for notice and public comment before
24
adopted rules are filed with the Secretary of State. The Board
25
may consolidate into a single rulemaking under this Section

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all such federal regulations adopted within a period of time
2
not to exceed 6 months.
3
(Source: P.A. 88-45.)

4

(415 ILCS 5/22.4)

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

Sec. 22.4.
Hazardous waste; underground storage tanks;
6
regulations.
7

(a) In accordance with Section 7.2, the Board shall adopt
8
regulations which are identical in substance to federal
9
regulations or amendments thereto promulgated by the
10
Administrator of the United States Environmental Protection
11
Agency to implement Sections 3001, 3002, 3003, 3004, and 3005,
12
of the Resource Conservation and Recovery Act of 1976 (P.L.
13
94-580)
), except that the Board shall not adopt under this
14
subsection (a) any standards less stringent than those
15
existing in Board regulations
. The Board may consolidate into
16
a single rulemaking under this Section all such federal
17
regulations adopted within a period of time not to exceed 6
18
months. The provisions and requirements of Title VII of this
19
Act shall not apply to rules adopted under this subsection.
20
Section 5-35 of the Illinois Administrative Procedure Act
21
relating to procedures for rulemaking shall not apply to rules
22
adopted under this subsection.
23

(b) The Board may adopt regulations relating to a State
24
hazardous waste management program that are not inconsistent
25
with and at least as stringent as the Resource Conservation

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and Recovery Act of 1976 (P.L. 94-580), or regulations adopted
2
thereunder. Regulations adopted pursuant to this subsection
3
shall be adopted in accordance with the provisions and
4
requirements of Title VII of this Act and the procedures for
5
rulemaking in Section 5-35 of the Illinois Administrative
6
Procedure Act.
Nothing in this Title V shall be construed to
7
limit the right of any person to submit a proposal to the
8
Board, or the authority of the Board to adopt, hazardous waste
9
regulations more stringent than the regulations promulgated by
10
the Administrator, pursuant to the rulemaking requirements of
11
Title VII of this Act and Section 5-35 of the Illinois
12
Administrative Procedure Act.

13

(c) Notwithstanding subsection (a) of this Section, the
14
Board may adopt additional regulations identifying the
15
characteristics of hazardous waste and additional regulations
16
listing hazardous waste. In adopting such regulations, the
17
Board shall take into account the toxicity, persistence, and
18
degradability in nature, the potential for accumulation in
19
tissue, and other related factors such as flammability,
20
corrosiveness, and other hazardous characteristics. The
21
regulations may be revised from time to time as may be
22
appropriate. Regulations adopted pursuant to this subsection
23
shall be adopted in accordance with the provisions and
24
requirements of this Act and the procedures for rulemaking in
25
Section 5-35 of the Illinois Administrative Procedure Act.
26

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

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of regulations by the United States Environmental Protection
2
Agency to implement Section 9003 of Subtitle I of the
3
Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616) of
4
the Resource Conservation and Recovery Act of 1976 (P.L.
5
94-580), or any amendments to such regulations, the Board
6
shall adopt regulations relating to corrective action at
7
underground storage tanks that are identical in substance to
8
such federal regulations
, except that the Board shall not
9
adopt under this subsection (d) any standards less stringent
10
than those existing in Board regulations
.
11

(2) The rulemaking provisions of Title VII of this Act and
12
of Section 5-35 of the Illinois Administrative Procedure Act
13
shall not apply to regulations or amendments adopted pursuant
14
to this subsection (d).
15

(3) For purposes of adopting regulations or amendments
16
thereto under this subsection (d), corrective action shall not
17
include requirements providing for design, construction,
18
installation, general operation, release detection, release
19
reporting, release determination investigation, release
20
confirmation, out-of-service systems and their closure or
21
financial responsibility.
22

(4) By January 1, 1992, the Board shall amend its rules
23
pertaining to underground storage tanks adopted under
24
paragraph (1) of this subsection to make those rules
25
applicable to any heating oil underground storage tank.
26
(Source: P.A. 87-323; 87-1088; 88-45.)

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1

(415 ILCS 5/22.40)
2

Sec. 22.40.
Municipal solid waste landfill rules.
3

(a) In accordance with Sec. 7.2, the Board shall adopt
4
rules that are identical in substance to federal regulations
5
or amendments thereto promulgated by the Administrator of the
6
United States Environmental Protection Agency to implement
7
Sections 4004 and 4010 of the Resource Conservation and
8
Recovery Act of 1976 (P.L. 94-580) insofar as those
9
regulations relate to a municipal solid waste landfill unit
10
program
, except that the Board shall under this Section adopt
11
any standards less stringent than those existing in Board
12
regulations
. The Board may consolidate into a single
13
rulemaking under this Section all such federal regulations
14
adopted within a period of time not to exceed 6 months. Where
15
the federal regulations authorize the State to adopt
16
alternative standards, schedules, or procedures to the
17
standards, schedules, or procedures contained in the federal
18
regulations, the Board may adopt alternative standards,
19
schedules, or procedures under subsection (b) or retain
20
existing Board rules that establish alternative standards,
21
schedules, or procedures that are not inconsistent with the
22
federal regulations. The Board may consolidate into a single
23
rulemaking under this Section all such federal regulations
24
adopted within a period of time not to exceed 6 months.
25

The provisions and requirements of Title VII of this Act

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shall not apply to rules adopted under this subsection (a).
2
Section 5-35 of the Illinois Administrative Procedure Act
3
relating to the procedures for rulemaking shall not apply to
4
regulations adopted under this subsection (a).
5

(b) The Board may adopt regulations relating to a State
6
municipal solid waste landfill program that are not
7
inconsistent with the Resource Conservation and Recovery Act
8
of 1976 (P.L. 94-580), or regulations adopted thereunder.
9
Rules adopted under this subsection shall be adopted in
10
accordance with the provisions and requirements of Title VII
11
of this Act and the procedures for rulemaking in Section 5-35
12
of the Illinois Administrative Procedure Act.
Nothing in this
13
Title V shall be construed to limit the right of any person to
14
submit a proposal to the Board, or the authority of the Board
15
to adopt, solid waste regulations more stringent than the
16
regulations promulgated by the Administrator, pursuant to the
17
rulemaking requirements of Title VII of this Act and Section
18
5-35 of the Illinois Administrative Procedure Act.

19

(c) (Blank.)
20
(Source: P.A. 92-574, eff. 6-26-02.)

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