Bill Text: IL HB4500 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Environmental Protection Act. Removes language providing that a Section regarding Clean Air Act rules only applies through December 31, 2019. Allows any person, including the Agency, to propose rules to amend the listing of etiologic agents identified as Class 4 agents and to consult specified classifications published by various entities. Removes provisions requiring the Pollution Control Board to adopt rules identical to a specified publication and replaces them with a requirement for the Board to take action on a proposal to amend the listing of Class 4 agents not later than 6 months after receiving it. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4500 Detail]

Download: Illinois-2019-HB4500-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4500

Introduced , by Rep. Ann M. Williams

SYNOPSIS AS INTRODUCED:
415 ILCS 5/28.5
415 ILCS 5/56.2 from Ch. 111 1/2, par. 1056.2

Amends the Environmental Protection Act. Removes language providing that a Section regarding Clean Air Act rules only applies through December 31, 2019. Allows any person, including the Agency, to propose rules to amend the listing of etiologic agents identified as Class 4 agents and to consult specified classifications published by various entities. Removes provisions requiring the Pollution Control Board to adopt rules identical to a specified publication and replaces them with a requirement for the Board to take action on a proposal to amend the listing of Class 4 agents not later than 6 months after receiving it. Effective immediately.
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A BILL FOR

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1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Environmental Protection Act is amended by
5changing 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, 2019 and
9applies solely to the adoption of rules proposed by the Agency
10and required to be adopted by the State under the Clean Air Act
11as amended by the Clean Air Act Amendments of 1990 (CAAA).
12 (b) For purposes of this Section, a "fast-track" rulemaking
13proceeding is a proceeding to promulgate a rule that the CAAA
14requires to be adopted. For the purposes of this Section,
15"requires to be adopted" refers only to those regulations or
16parts of regulations for which the United States Environmental
17Protection Agency is empowered to impose sanctions against the
18State for failure to adopt such rules. All fast-track rules
19must be adopted under procedures set forth in this Section,
20unless another provision of this Act specifies the method for
21adopting a specific rule.
22 (c) When the CAAA requires rules other than identical in
23substance rules to be adopted, upon request by the Agency, the

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

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

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

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

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1(a) of Section 27 of this Act.
2 (i) The Board must adopt rules in the fast-track rulemaking
3docket under the requirements of this Section that the CAAA
4requires to be adopted, and may consider a non-required rule in
5a second docket that shall proceed under Title VII of this Act.
6 (j) The Board is directed to take whatever measures are
7available to it to complete fast-track rulemaking as
8expeditiously as possible consistent with the need for careful
9consideration. These measures shall include, but not be limited
10to, having hearings transcribed on an expedited basis.
11 (k) Following the hearings, the Board must close the record
1214 days after the availability of the transcript.
13 (l) The Board must not revise or otherwise change an Agency
14fast-track rulemaking proposal without agreement of the Agency
15until after the end of the hearing and comment period. Any
16revisions to an Agency proposal shall be based on the record of
17the proceeding.
18 (m) All rules adopted by the Board under this Section shall
19be based solely on the record before it.
20 (n) The Board must complete a fast-track rulemaking by
21adopting a second notice order no later than 130 days after
22receipt of the proposal if no third hearing is held and no
23later than 150 days if the third hearing is held. If the order
24includes a rule, the Illinois Board must file the rule for
25second notice under the Illinois Administrative Procedure Act
26within 5 days after adoption of the order.

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1 (o) Upon receipt of a statement of no objection to the rule
2from the Joint Committee on Administrative Rules, the Board
3must adopt the final order and submit the rule to the Secretary
4of State for publication and certification within 21 days.
5(Source: P.A. 99-197, eff. 7-30-15.)
6 (415 ILCS 5/56.2) (from Ch. 111 1/2, par. 1056.2)
7 Sec. 56.2. Regulations.
8 (a) No later than July 1, 1993, the Board shall adopt
9regulations in accordance with Title VII of this Act
10prescribing design and operating standards and criteria for all
11potentially infectious medical waste treatment, storage, and
12transfer facilities. At a minimum, these regulations shall
13require treatment of potentially infectious medical waste at a
14facility that:
15 (1) eliminates the infectious potential of the waste;
16 (2) prevents compaction and rupture of containers
17 during handling operations;
18 (3) disposes of treatment residuals in accordance with
19 this Act and regulations adopted thereunder;
20 (4) provides for quality assurance programs;
21 (5) provides for periodic testing using biological
22 testing, where appropriate, that demonstrate proper
23 treatment of the waste;
24 (6) provides for assurances that clearly demonstrate
25 that potentially infectious medical waste has been

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1 properly treated; and
2 (7) is in compliance with all Federal and State laws
3 and regulations pertaining to environmental protection.
4 (b) After the effective date of the Board regulations
5adopted under subsection (a), each applicant for a potentially
6infectious medical waste treatment permit shall prove that the
7facility will not cause a violation of the Act or of
8regulations adopted thereunder.
9 (c) No later than July 1, 1993, the Board shall adopt
10regulations in accordance with Title VII of this Act
11prescribing standards and criteria for transporting,
12packaging, segregating, labeling, and marking potentially
13infectious medical waste.
14 (d) In accord with Title VII of this Act, no later than
15January 1, 1992, the Board shall repeal Subpart I of 35 Ill.
16Adm. Code 809.
17 (e) No later than January 1, 1992, the Board shall adopt
18rules that are identical in substance to the list of etiologic
19agents identified as Class 4 agents as set forth in
20"Classification of Etiological Agents on the Basis of Hazard,
211974", published by the Centers for Disease Control. On and
22after the effective date of this amendatory act of the 101st
23General Assembly, any person, including the Agency, may propose
24rules under Section 28 to amend If the Centers for Disease
25Control amends the listing of etiologic agents identified as
26Class 4 agents. When proposing rules, the proponent may consult

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