Currently, when a source appeals a Clean Air Act Permit Program ("CAAPP") permit, the appealed permit is automatically stayed  pursuant to Section 10-65(b) of the Illinois Administrative Procedure Act ("APA"), and the existing permit continues in full force and effect until the appeal is resolved by the Board.  This bill amends both the APA and the Environmental Protection Act so that Section 10-65(b) no longer applies to CAAPP permits.

Under Sections 9.1(f), and Sections 39.5(4)(b) of the Environmental Protection Act, if a permitee timely applies for a renewal permit, the existing permit remains in full force and effect until the Agency issues a new permit.  Therefore, this bill does not in any way limit the effectiveness of the existing permit until final administrative action is taken on the application.  Rather, what this amendment does is sever applicability of the automatic stay provision of the APA pending an appeal of a CAAPP permit. 

It is not necessary for the General Assembly to amend both the APA and the Environmental Protection Act to effectuate removal of the principle of automatic stays to CAAPP permits. Amendment of the Environmental Protection Act alone would be sufficient. The language does not contain any retroactive effect; therefore, any stays of CAAPP permits currently in place are not affected by this amendment. Because the APA provides for an automatic stay of the entire appealed permit, yet Title V of the Clean Air Act provides that only the contested portions of an appealed permit are stayed, this amendment to the CAAPP effectively corrects a discrepancy between the two acts in favor of the approach taken by Title V of the Clean Air Act.

Section 28.5 of the Environmental Protection Act, concerning fast-track Clean Air Act rulemakings, sunsets on December 31, 2007.  This bill adds a new Section 28.5 of the Act to take its place. The bill defines a fast-track rulemaking as a proceeding that the Clean Air Act Amendments of 1990 ("CAAA") require to be adopted or a proceeding that is otherwise federally required to address a CAAA requirement. Therefore, it appears as if the Agency is attempting to expand the scope of the rules that can be promulgated through fast-track rulemaking. The definition of "requires to be adopted" has not changed and still defines it as those rules for which USEPA is "empowered to impose sanctions." Unlike the old Section 28.5, however, the new language defines "federally required" as "a rule that, if not adopted, could result in the imposition of a federal plan, federal implementation plan, or other type of sanction."

This bill also does not include a sunset provision for Section 28.5. The bill sets out the form for the rulemaking proposal and procedures for the process the same as in the old Section 28.5. As before, this bill requires the Board to file the rule for second notice with the Joint Committee on Administrative Rules within 160 days of receipt of the proposal. If passed, it would be effective immediately.

Another new addition is the language requiring fast-track adoption when not only the CAAA, but "another federal statute or regulation" requires rules other than identical in substance rules to be adopted. The new language "or another federal statute or regulation" could arguably provide an avenue to propose climate change rules under Section 28.5. Industry has become increasingly concerned with the use of the fast-track process as a way to circumvent the traditional rulemaking process that allows for the full vetting of issues and impacts presented by major rulemaking proposals. This bill both appears to expand the use of the fast-track process and removes the sunset provision in its entirety.

This bill proposes to amend various Illinois environmental laws.  First, it proposes to amend the Asbestos Abatement Act by eliminating the Illinois Response Contractors Indemnification Fund.  The fund was initially established because asbestos abatement contactors were unable to obtain insurance in Illinois.  The fund requires local agencies to deposit 5% of the cost of any asbestos abatement contract into the fund.  The fund allows the Department of Public Health to indemnify contractors who perform asbestos abatement work.  However, now asbestos abatement contactors are able to obtain insurance in Illinois through private carriers.  Therefore, the bill proposes to eliminate the fund and it further provides that all money currently in the fund will be transferred into the Illinois Brownfields Redevelopment Fund. 

Second, the bill proposes to amend the Illinois Alternate Fuels Act.  As it is written now, the Act allows owners of vehicles in Illinois that use domestic renewable fuels to be eligible to apply for a rebate to offset the higher cost of these fuels.  The current Act, however, allows vehicle owners to claim the rebate for the amount spent only in the current calendar year.  Thus, unless the vehicle owner applies for the rebate by December 31, the owner would not be able to collect the rebate.  This bill would allow the vehicle owner to apply for a rebate to offset the cost differential between a conventional vehicle or engine and the same vehicle or engine that has the capability to use domestic renewable fuels within a 12-month period after the vehicle or engine was purchased.

Third, the bill repeals the Illinois Hazardous Waste Laborers Licensing Act.  This Act made it unlawful for any laborer to be involved in the disposal, cleanup or handling of hazardous waste without first obtaining a laborer's license from the Illinois Environmental Protection Agency.