HB2791 Engrossed LRB102 13995 CPF 19347 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 28.5 and 56.2 as follows:
6		(415 ILCS 5/28.5)
7		Sec. 28.5. Clean Air Act rules; fast-track.
8		(a) This Section applies through December 31, 2026 2021
9		and applies solely to the adoption of rules proposed by the
10		Agency and required to be adopted by the State under the Clean
11		Air Act as amended by the Clean Air Act Amendments of 1990
12		(CAAA).
13		(b) For purposes of this Section, a "fast-track"
14		rulemaking proceeding is a proceeding to promulgate a rule
15		that the CAAA requires to be adopted. For the purposes of this
16		Section, "requires to be adopted" refers only to those
17		regulations or parts of regulations for which the United
18		States Environmental Protection Agency is empowered to impose
19		sanctions against the State for failure to adopt such rules.
20		All fast-track rules must be adopted under procedures set
21		forth in this Section, unless another provision of this Act
22		specifies the method for adopting a specific rule.
23		(c) When the CAAA requires rules other than identical in

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1		substance rules to be adopted, upon request by the Agency, the
2		Board must adopt rules under fast-track rulemaking
3		requirements.
4		(d) The Agency must submit its fast-track rulemaking
5		proposal in the following form:
6		(1) The Agency must file the rule in a form that meets
7		the requirements of the Illinois Administrative Procedure
8		Act and regulations promulgated thereunder.
9		(2) The cover sheet of the proposal shall prominently
10		state that the rule is being proposed under this Section.
11		(3) The proposal shall clearly identify the provisions
12		and portions of the federal statute, regulations,
13		guidance, policy statement, or other documents upon which
14		the rule is based.
15		(4) The supporting documentation for the rule shall
16		summarize the basis of the rule.
17		(5) The Agency must describe in general the
18		alternative selected and the basis for the alternative.
19		(6) The Agency must file a summary of economic and
20		technical data upon which it relied in drafting the rule.
21		(7) The Agency must provide a list of any documents
22		upon which it directly relied in drafting the rule or upon
23		which it intends to rely at the hearings and must provide
24		such documents to the Board. Additionally, the Agency must
25		make such documents available at an appropriate location
26		for inspection and copying at the expense of the

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1		interested party.
2		(8) The Agency must include in its submission a
3		description of the geographical area to which the rule is
4		intended to apply, a description of the process or
5		processes affected, an identification by classes of the
6		entities expected to be affected, and a list of sources
7		expected to be affected by the rule to the extent known to
8		the Agency.
9		(e) Within 14 days of receipt of the proposal, the Board
10		must file the rule for first notice under the Illinois
11		Administrative Procedure Act and must schedule all required
12		hearings on the proposal and cause public notice to be given in
13		accordance with the Illinois Administrative Procedure Act and
14		the CAAA.
15		(f) The Board must set 3 hearings on the proposal, each of
16		which shall be scheduled to continue from day to day,
17		excluding weekends and State and federal holidays, until
18		completed. The Board must require the written submission of
19		all testimony at least 10 days before a hearing, with
20		simultaneous service to all participants of record in the
21		proceeding as of 15 days prior to hearing, unless a waiver is
22		granted by the Board for good cause. In order to further
23		expedite the hearings, presubmitted testimony shall be
24		accepted into the record without the reading of the testimony
25		at hearing, provided that the witness swears to the testimony
26		and is available for questioning, and the Board must make

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1		every effort to conduct the proceedings expeditiously and
2		avoid duplication and extraneous material.
3		(1) The first hearing shall be held within 55 days of
4		receipt of the rule and shall be confined to testimony by
5		and questions of the Agency's witnesses concerning the
6		scope, applicability, and basis of the rule. Within 7 days
7		after the first hearing, any person may request that the
8		second hearing be held.
9		(A) If, after the first hearing, the Agency and
10		affected entities are in agreement on the rule, the
11		United States Environmental Protection Agency has not
12		informed the Board of any unresolved objection to the
13		rule, and no other interested party contests the rule
14		or asks for the opportunity to present additional
15		evidence, the Board may cancel the additional
16		hearings. When the Board adopts the final order under
17		these circumstances, it shall be based on the Agency's
18		proposal as agreed to by the parties.
19		(B) If, after the first hearing, the Agency and
20		affected entities are in agreement upon a portion of
21		the rule, the United States Environmental Protection
22		Agency has not informed the Board of any unresolved
23		objections to that agreed portion of the rule, and no
24		other interested party contests that agreed portion of
25		the rule or asks for the opportunity to present
26		additional evidence, the Board must proceed to the

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1		second hearing, as provided in paragraph (2) of
2		subsection (g) of this Section, but the hearing shall
3		be limited in scope to the unresolved portion of the
4		proposal. When the Board adopts the final order under
5		these circumstances, it shall be based on such portion
6		of the Agency's proposal as agreed to by the parties.
7		(2) The second hearing shall be scheduled to commence
8		within 30 days of the first day of the first hearing and
9		shall be devoted to presentation of testimony, documents,
10		and comments by affected entities and all other interested
11		parties.
12		(3) The third hearing shall be scheduled to commence
13		within 14 days after the first day of the second hearing
14		and shall be devoted solely to any Agency response to the
15		material submitted at the second hearing and to any
16		response by other parties. The third hearing shall be
17		cancelled if the Agency indicates to the Board that it
18		does not intend to introduce any additional material.
19		(g) In any fast-track rulemaking proceeding, the Board
20		must accept evidence and comments on the economic impact of
21		any provision of the rule and must consider the economic
22		impact of the rule based on the record. The Board may order an
23		economic impact study in a manner that will not prevent
24		adoption of the rule within the time required by subsection
25		(n) of this Section.
26		(h) In all fast-track rulemakings under this Section, the

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1		Board must take into account factors set forth in subsection
2		(a) of Section 27 of this Act.
3		(i) The Board must adopt rules in the fast-track
4		rulemaking docket under the requirements of this Section that
5		the CAAA requires to be adopted, and may consider a
6		non-required rule in a second docket that shall proceed under
7		Title VII of this Act.
8		(j) The Board is directed to take whatever measures are
9		available to it to complete fast-track rulemaking as
10		expeditiously as possible consistent with the need for careful
11		consideration. These measures shall include, but not be
12		limited to, having hearings transcribed on an expedited basis.
13		(k) Following the hearings, the Board must close the
14		record 14 days after the availability of the transcript.
15		(l) The Board must not revise or otherwise change an
16		Agency fast-track rulemaking proposal without agreement of the
17		Agency until after the end of the hearing and comment period.
18		Any revisions to an Agency proposal shall be based on the
19		record of the proceeding.
20		(m) All rules adopted by the Board under this Section
21		shall be based solely on the record before it.
22		(n) The Board must complete a fast-track rulemaking by
23		adopting a second notice order no later than 130 days after
24		receipt of the proposal if no third hearing is held and no
25		later than 150 days if the third hearing is held. If the order
26		includes a rule, the Illinois Board must file the rule for

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1		second notice under the Illinois Administrative Procedure Act
2		within 5 days after adoption of the order.
3		(o) Upon receipt of a statement of no objection to the rule
4		from the Joint Committee on Administrative Rules, the Board
5		must adopt the final order and submit the rule to the Secretary
6		of State for publication and certification within 21 days.
7		(Source: P.A. 101-645, eff. 6-26-20.)
8		(415 ILCS 5/56.2) (from Ch. 111 1/2, par. 1056.2)
9		Sec. 56.2. Regulations.
10		(a) No later than July 1, 1993, the Board shall adopt
11		regulations in accordance with Title VII of this Act
12		prescribing design and operating standards and criteria for
13		all potentially infectious medical waste treatment, storage,
14		and transfer facilities. At a minimum, these regulations shall
15		require treatment of potentially infectious medical waste at a
16		facility that:
17		(1) eliminates the infectious potential of the waste;
18		(2) prevents compaction and rupture of containers
19		during handling operations;
20		(3) disposes of treatment residuals in accordance with
21		this Act and regulations adopted thereunder;
22		(4) provides for quality assurance programs;
23		(5) provides for periodic testing using biological
24		testing, where appropriate, that demonstrate proper
25		treatment of the waste;

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1		(6) provides for assurances that clearly demonstrate
2		that potentially infectious medical waste has been
3		properly treated; and
4		(7) is in compliance with all Federal and State laws
5		and regulations pertaining to environmental protection.
6		(b) After the effective date of the Board regulations
7		adopted under subsection (a), each applicant for a potentially
8		infectious medical waste treatment permit shall prove that the
9		facility will not cause a violation of the Act or of
10		regulations adopted thereunder.
11		(c) No later than July 1, 1993, the Board shall adopt
12		regulations in accordance with Title VII of this Act
13		prescribing standards and criteria for transporting,
14		packaging, segregating, labeling, and marking potentially
15		infectious medical waste.
16		(d) In accord with Title VII of this Act, no later than
17		January 1, 1992, the Board shall repeal Subpart I of 35 Ill.
18		Adm. Code 809.
19		(e) No later than January 1, 1992, the Board shall adopt
20		rules that are identical in substance to the list of etiologic
21		agents identified as Class 4 agents as set forth in
22		"Classification of Etiological Agents on the Basis of Hazard,
23		1974", published by the Centers for Disease Control. On and
24		after the effective date of this amendatory act of the 102nd
25		General Assembly, any person, including the Agency, may
26		propose rules under Section 28 to amend If the Centers for

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1		Disease Control amends the listing of etiologic agents
2		identified as Class 4 agents. When proposing rules, the
3		proponent may consult classifications published by the U.S.
4		Department of Health and Human Services, "Guidelines for
5		Research Involving Recombinant DNA Molecules" published by the
6		National Institutes for Health, or "Biosafety in
7		Microbiological and Biomedical Laboratories" published by the
8		Centers for Disease Control and Prevention. The as set forth
9		in "Classification of Etiological Agents on the Basis of
10		Hazard, 1974", the Board shall take action on a proposal to
11		amend the listing of Class 4 agents not later than 6 months
12		after receiving it adopt rules that are identical in substance
13		to the amended list within 180 days after the Centers for
14		Disease Control's amendment. The provisions and requirements
15		of Title VII of this Act shall not apply to rules adopted under
16		this subsection (e). Section 5 of the Illinois Administrative
17		Procedure Act relating to the procedures for rulemaking shall
18		not apply to rules adopted under this subsection (e).
19		(f) In accord with Title VII of this Act, the Board may
20		adopt regulations to promote the purposes of this Title. The
21		regulations prescribed in subsection (a), (c), and (e) shall
22		not limit the generality of this authority.
23		(Source: P.A. 92-574, eff. 6-26-02.)
24		Section 99. Effective date. This Act takes effect upon
25		becoming law.