Bill Text: IL SB2867 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Administrative Procedure Act. Exempts certain guidance documents issued by the Environmental Protection Agency from the definition of "rules". Amends the Public Utilities Act. Removes provisions requiring the Agency: (i) to inspect carbon dioxide sequestration sites each year, (ii) to seal such a site if it determines that the site creates conditions that warrant the issuance of a seal order, (iii) to request the State's Attorney or the Attorney General to institute a civil action if the Agency determines a site creates conditions warranting such an action. Removes provisions (i) requiring a Substitute Natural Gas (SNG) facility to incur all reasonable costs associated with any Agency inspection or monitoring of the sequestration sites, (ii) prohibiting those costs from being passed along to customers, and (iii) requiring the facility to cooperate with Agency investigations. Removes a provision authorizing the Agency to monitor and conduct investigations of SNG facilities. Amends the Environmental Protection Act. Increases laboratory fees and assessments. Removes a provision requiring the Agency to submit its assessment schedules to the Environmental Laboratory Certification Committee. Makes changes concerning the terms of members of the Environmental Laboratory Certification Committee and the frequency of the Committee's meetings. Provides that, beginning January 1, 2013, the Environmental Protection Agency shall issue 3-year Special Waste Hauling Permits (instead of annual Special Waste Hauling Permits). Increases the fee for each waste hauling vehicle identified in the permit application and for each vehicle that is added to the permit during the 3-year period. Makes other changes. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2012-08-24 - Public Act . . . . . . . . . 97-1081 [SB2867 Detail]
Download: Illinois-2011-SB2867-Amended.html
Bill Title: Amends the Illinois Administrative Procedure Act. Exempts certain guidance documents issued by the Environmental Protection Agency from the definition of "rules". Amends the Public Utilities Act. Removes provisions requiring the Agency: (i) to inspect carbon dioxide sequestration sites each year, (ii) to seal such a site if it determines that the site creates conditions that warrant the issuance of a seal order, (iii) to request the State's Attorney or the Attorney General to institute a civil action if the Agency determines a site creates conditions warranting such an action. Removes provisions (i) requiring a Substitute Natural Gas (SNG) facility to incur all reasonable costs associated with any Agency inspection or monitoring of the sequestration sites, (ii) prohibiting those costs from being passed along to customers, and (iii) requiring the facility to cooperate with Agency investigations. Removes a provision authorizing the Agency to monitor and conduct investigations of SNG facilities. Amends the Environmental Protection Act. Increases laboratory fees and assessments. Removes a provision requiring the Agency to submit its assessment schedules to the Environmental Laboratory Certification Committee. Makes changes concerning the terms of members of the Environmental Laboratory Certification Committee and the frequency of the Committee's meetings. Provides that, beginning January 1, 2013, the Environmental Protection Agency shall issue 3-year Special Waste Hauling Permits (instead of annual Special Waste Hauling Permits). Increases the fee for each waste hauling vehicle identified in the permit application and for each vehicle that is added to the permit during the 3-year period. Makes other changes. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2012-08-24 - Public Act . . . . . . . . . 97-1081 [SB2867 Detail]
Download: Illinois-2011-SB2867-Amended.html
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1 | AMENDMENT TO SENATE BILL 2867
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2 | AMENDMENT NO. ______. Amend Senate Bill 2867 as follows:
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3 | on page 1, line 5, by replacing "Section 1-70" with "Sections | ||||||
4 | 1-5 and 1-70"; and
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5 | on page 5, immediately below line 5, by inserting the | ||||||
6 | following:
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7 | "(5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
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8 | Sec. 1-5. Applicability.
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9 | (a) This Act applies to every agency as defined in this | ||||||
10 | Act.
Beginning January 1, 1978, in case of conflict between the | ||||||
11 | provisions of
this Act and the Act creating or conferring power | ||||||
12 | on an agency, this Act
shall control. If, however, an agency | ||||||
13 | (or its predecessor in the case of
an agency that has been | ||||||
14 | consolidated or reorganized) has existing procedures
on July 1, | ||||||
15 | 1977, specifically for contested cases or licensing, those |
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1 | existing
provisions control, except that this exception | ||||||
2 | respecting contested
cases and licensing does not apply if the | ||||||
3 | Act creating or conferring
power on the agency adopts by | ||||||
4 | express reference the provisions of this
Act. Where the Act | ||||||
5 | creating or conferring power on an agency
establishes | ||||||
6 | administrative procedures not covered by this Act, those
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7 | procedures shall remain in effect.
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8 | (b) The provisions of this Act do not apply to (i) | ||||||
9 | preliminary
hearings, investigations, or practices where no | ||||||
10 | final determinations
affecting State funding are made by the | ||||||
11 | State Board of Education, (ii) legal
opinions issued under | ||||||
12 | Section 2-3.7 of the School Code, (iii) as to State
colleges | ||||||
13 | and universities, their disciplinary and grievance | ||||||
14 | proceedings,
academic irregularity and capricious grading | ||||||
15 | proceedings, and admission
standards and procedures, and (iv) | ||||||
16 | the class specifications for positions
and individual position | ||||||
17 | descriptions prepared and maintained under the
Personnel Code. | ||||||
18 | Those class specifications shall, however, be made
reasonably | ||||||
19 | available to the public for inspection and copying. The
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20 | provisions of this Act do not apply to hearings under Section | ||||||
21 | 20 of the
Uniform Disposition of Unclaimed Property Act.
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22 | (c) Section 5-35 of this Act relating to procedures for | ||||||
23 | rulemaking
does not apply to the following:
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24 | (1) Rules adopted by the Pollution Control Board that, | ||||||
25 | in accordance
with Section 7.2 of the Environmental | ||||||
26 | Protection Act, are identical in
substance to federal |
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1 | regulations or amendments to those regulations
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2 | implementing the following: Sections 3001, 3002, 3003, | ||||||
3 | 3004, 3005, and 9003
of the Solid Waste Disposal Act; | ||||||
4 | Section 105 of the Comprehensive Environmental
Response, | ||||||
5 | Compensation, and Liability Act of 1980; Sections 307(b), | ||||||
6 | 307(c),
307(d), 402(b)(8), and 402(b)(9) of the Federal | ||||||
7 | Water Pollution Control
Act; and Sections 1412(b), | ||||||
8 | 1414(c), 1417(a), 1421, and 1445(a) of the Safe
Drinking | ||||||
9 | Water Act.
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10 | (2) Rules adopted by the Pollution Control Board that | ||||||
11 | establish or
amend standards for the emission of | ||||||
12 | hydrocarbons and carbon monoxide from
gasoline powered | ||||||
13 | motor vehicles subject to inspection under the Vehicle | ||||||
14 | Emissions Inspection Law of 2005 or its predecessor laws.
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15 | (3) Procedural rules adopted by the Pollution Control | ||||||
16 | Board governing
requests for exceptions under Section 14.2 | ||||||
17 | of the Environmental Protection Act.
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18 | (4) The Pollution Control Board's grant, pursuant to an
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19 | adjudicatory determination, of an adjusted standard for | ||||||
20 | persons who can
justify an adjustment consistent with | ||||||
21 | subsection (a) of Section 27 of
the Environmental | ||||||
22 | Protection Act.
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23 | (5) Rules adopted by the Pollution Control Board that | ||||||
24 | are identical in
substance to the regulations adopted by | ||||||
25 | the Office of the State Fire
Marshal under clause (ii) of | ||||||
26 | paragraph (b) of subsection (3) of Section 2
of the |
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1 | Gasoline Storage Act.
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2 | (6) (Blank) Rules adopted by the Illinois Pollution | ||||||
3 | Control Board under Section 9.14 of the Environmental | ||||||
4 | Protection Act . | ||||||
5 | (d) Pay rates established under Section 8a of the Personnel | ||||||
6 | Code
shall be amended or repealed pursuant to the process set | ||||||
7 | forth in Section
5-50 within 30 days after it becomes necessary | ||||||
8 | to do so due to a conflict
between the rates and the terms of a | ||||||
9 | collective bargaining agreement
covering the compensation of | ||||||
10 | an employee subject to that Code.
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11 | (e) Section 10-45 of this Act shall not apply to any | ||||||
12 | hearing, proceeding,
or investigation conducted under Section | ||||||
13 | 13-515 of the Public Utilities Act.
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14 | (f) Article 10 of this Act does not apply to any hearing, | ||||||
15 | proceeding, or
investigation conducted by the State Council for | ||||||
16 | the State of Illinois created
under Section 3-3-11.05 of the | ||||||
17 | Unified Code of Corrections or by the Interstate
Commission for | ||||||
18 | Adult Offender Supervision created under the
Interstate | ||||||
19 | Compact for Adult Offender Supervision or by the Interstate | ||||||
20 | Commission for Juveniles created under the Interstate Compact | ||||||
21 | for Juveniles.
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22 | (g) This Act is subject to the provisions of Article XXI of
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23 | the Public Utilities Act. To the extent that any provision of
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24 | this Act conflicts with the provisions of that Article XXI, the
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25 | provisions of that Article XXI control.
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26 | (Source: P.A. 97-95, eff. 7-12-11.)"; and
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1 | on page 75, line 22, immediately after "Sections", by inserting | ||||||
2 | "9.14"; and
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3 | on page 75, immediately below line 22, by inserting the | ||||||
4 | following:
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5 | "(415 ILCS 5/9.14) | ||||||
6 | Sec. 9.14. Registration of smaller sources. | ||||||
7 | (a) After the effective date of rules implementing this | ||||||
8 | Section, the owner or operator of an eligible source shall | ||||||
9 | annually register with the Agency instead of complying with the | ||||||
10 | requirement to obtain an air pollution construction or | ||||||
11 | operating permit under this Act. The criteria for determining | ||||||
12 | an eligible source shall include the following: | ||||||
13 | (1) the source must not be required to obtain a permit | ||||||
14 | pursuant to the Illinois Clean Air Act Permit Program or | ||||||
15 | Federally Enforceable State Operating Permit program, or | ||||||
16 | under regulations promulgated pursuant to Section 111 or | ||||||
17 | 112 of the Clean Air Act; | ||||||
18 | (2) the USEPA has not otherwise determined that a | ||||||
19 | permit is required; | ||||||
20 | (3) the source emits less than an actual 5 tons per | ||||||
21 | year of combined particulate matter, carbon monoxide, | ||||||
22 | nitrogen oxides, sulfur dioxide, and volatile organic | ||||||
23 | material air pollutant emissions; |
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1 | (4) the source emits less than an actual 0.5 tons per | ||||||
2 | year of combined hazardous air pollutant emissions; | ||||||
3 | (5) the source emits less than an actual 0.05 tons per | ||||||
4 | year of lead air emissions; | ||||||
5 | (6) the source emits less than an actual 0.05 tons per | ||||||
6 | year of mercury air emissions; and | ||||||
7 | (7) the source does not have an emission unit subject | ||||||
8 | to a standard pursuant to 40 CFR Part 61 Maximum Achievable | ||||||
9 | Control Technology, or 40 CFR Part 63 National Emissions | ||||||
10 | Standards for Hazardous Air Pollutants other than those | ||||||
11 | regulations that the USEPA has categorized as "area | ||||||
12 | source". | ||||||
13 | (b) Complete registration of an eligible source, including | ||||||
14 | payment of the required fee as specified in subsection (c) of | ||||||
15 | this Section, shall provide the owner or operator of the | ||||||
16 | eligible source with an exemption from the requirement to | ||||||
17 | obtain an air pollution construction or operating permit under | ||||||
18 | this Act. The registration of smaller sources program does not | ||||||
19 | relieve an owner or operator from the obligation to comply with | ||||||
20 | any other applicable rules or regulations. | ||||||
21 | (c) The owner or operator of an eligible source shall pay | ||||||
22 | an annual registration fee of $235 to the Agency at the time of | ||||||
23 | registration submittal and each year thereafter. Fees | ||||||
24 | collected under this Section shall be deposited into the | ||||||
25 | Environmental Protection Permit and Inspection Fund. | ||||||
26 | (d) The Agency shall propose rules to implement the |
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1 | registration of smaller sources program. Within 120 days after | ||||||
2 | the Agency proposes those rules, the Board shall adopt rules to | ||||||
3 | implement the registration of smaller sources program. These | ||||||
4 | rules may be subsequently amended from time to time pursuant to | ||||||
5 | a proposal filed with the Board by any person, and any | ||||||
6 | necessary amendments shall be adopted by the Board within 120 | ||||||
7 | days after proposal. Such amendments may provide for the | ||||||
8 | alteration or revision of the initial criteria included in | ||||||
9 | subsection (a) of this Section. Subsection (b) of Section 27 of | ||||||
10 | this Act and the rulemaking provisions of the Illinois | ||||||
11 | Administrative Procedure Act do not apply to rules adopted by | ||||||
12 | the Board under this Section.
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13 | (Source: P.A. 97-95, eff. 7-12-11.)".
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