HB 5070 — EPA-FEDERAL BACKSTOP

HB5070 EngrossedEnrolled LRB104 19577 BDA 33025 b AN ACT concerning safety.

In adopting "identical in substance" regulations, the only changes that may be made by the Board to the federal regulations are those changes that are necessary for compliance with the Illinois Administrative Code, and HB5070 EngrossedEnrolled - 2 - LRB104 19577 BDA 33025 b technical changes that in no way change the scope or meaning of any portion of the regulations, except as follows:

(4) Pursuant to subsection (a) of Section 5-75 of the Illinois Administrative Procedure Act, the Board may HB5070 EngrossedEnrolled - 3 - LRB104 19577 BDA 33025 b incorporate USEPA rules by reference where it is possible to do so without causing confusion to the affected public.

For purposes of adopting "identical in substance" regulations, a revision to a federal regulation shall be considered "less stringent" than an existing Board regulation only if the federal revision, when compared on HB5070 EngrossedEnrolled - 4 - LRB104 19577 BDA 33025 b a provision-by-provision basis to the specific Board regulatory requirement it would affect, directly and substantively reduces the level of environmental or public health protection required by the corresponding Board provision, as demonstrated by one or more of the following:

(b) In adopting regulations that are "identical in substance" with specified federal regulations under subsection (c) of Section 13, Section 13.3, Section 17.5, subsection (a) or (d) of Section 22.4, subsection (a) of Section 22.7, or subsection (a) of Section 22.40, subsection (H) of Section 10, or specified federal determinations under subsection (e) of Section 9.1, the Board shall complete its rulemaking proceedings within one year after the adoption of the HB5070 EngrossedEnrolled - 5 - LRB104 19577 BDA 33025 b corresponding federal rule.

Except as otherwise provided above, the Board must make the finding that an extension of time is necessary prior to the expiration of the initial one-year period, and must also publish a notice of extension in the Illinois Register as expeditiously as practicable following its decision, stating HB5070 EngrossedEnrolled - 6 - LRB104 19577 BDA 33025 b the specific reasons for the Board's decision to extend.

(c) Standards for the issuance of permits for construction, installation, or operation of any equipment, facility, vehicle, vessel, or aircraft capable of causing or contributing to air pollution or designed to prevent HB5070 EngrossedEnrolled - 7 - LRB104 19577 BDA 33025 b air pollution;

or HB5070 EngrossedEnrolled - 8 - LRB104 19577 BDA 33025 b (4) that are necessary to comply with air quality standards adopted by the Board.

Environmental Protection Agency promulgates standards for vehicle-based (onboard) systems for the control of vehicle refueling HB5070 EngrossedEnrolled - 9 - LRB104 19577 BDA 33025 b emissions pursuant to Section 202(a)(6) of the federal Clean Air Act (42 U.S.C.

HB5070 EngrossedEnrolled - 10 - LRB104 19577 BDA 33025 b (G) Subpart FF of Subtitle B, Title 35 Ill.

Nothing in this subsection shall be construed to limit the right of any person to submit a proposal to the Board, or the authority of the Board to adopt, air quality standards more stringent than HB5070 EngrossedEnrolled - 11 - LRB104 19577 BDA 33025 b the standards promulgated by the Administrator, pursuant to the rulemaking requirements of Title VII of this Act and Section 5-35 of the Illinois Administrative Procedure Act.

(3) Standards for the issuance of permits for HB5070 EngrossedEnrolled - 12 - LRB104 19577 BDA 33025 b construction, installation, or operation of any equipment, facility, vessel, or aircraft capable of causing or contributing to water pollution or designed to prevent water pollution or for the construction or installation of any sewer or sewage treatment facility or any new outlet for contaminants into the waters of this State;

HB5070 EngrossedEnrolled - 13 - LRB104 19577 BDA 33025 b (8) Requirements and procedures for the inspection of any equipment, facility, or vessel that may cause or contribute to water pollution;

provided, HB5070 EngrossedEnrolled - 14 - LRB104 19577 BDA 33025 b however, that for purposes of this paragraph, a UIC permit, as required under Section 12(g) and 39(d) of this Act, is not an operating permit.

The Board may consolidate into a single rulemaking under this Section all such federal regulations adopted within a period of time not to exceed 6 HB5070 EngrossedEnrolled - 15 - LRB104 19577 BDA 33025 b months.

The Board may consolidate into a single rulemaking under this Section all such federal regulations HB5070 EngrossedEnrolled - 16 - LRB104 19577 BDA 33025 b adopted within a period of time not to exceed 6 months.

The Board HB5070 EngrossedEnrolled - 17 - LRB104 19577 BDA 33025 b may consolidate into a single rulemaking under this Section all such federal regulations adopted within a period of time not to exceed 6 months.

(b) The Board may adopt regulations relating to a State hazardous waste management program that are not inconsistent HB5070 EngrossedEnrolled - 18 - LRB104 19577 BDA 33025 b with and at least as stringent as the Resource Conservation and Recovery Act of 1976 (P.L.

94-580), or any amendments to such regulations, the Board HB5070 EngrossedEnrolled - 19 - LRB104 19577 BDA 33025 b shall adopt regulations relating to corrective action at underground storage tanks that are identical in substance to such federal regulations, except that the Board shall not adopt under this subsection (d) any standards less stringent than those existing in Board regulations.

7.2, the Board shall adopt rules that are identical in substance to federal regulations HB5070 EngrossedEnrolled - 20 - LRB104 19577 BDA 33025 b or amendments thereto promulgated by the Administrator of the United States Environmental Protection Agency to implement Sections 4004 and 4010 of the Resource Conservation and Recovery Act of 1976 (P.L.

(b) The Board may adopt regulations relating to a State HB5070 EngrossedEnrolled - 21 - LRB104 19577 BDA 33025 b municipal solid waste landfill program that are not inconsistent with the Resource Conservation and Recovery Act of 1976 (P.L.