415 ILCS 5/22.4
2021 Illinois Compiled Statutes|Chapter 415 - ENVIRONMENTAL SAFETY|415 ILCS 5/ - Environmental Protection Act.|Title V - Land Pollution and Refuse Disposal

 (from Ch. 111 1/2, par. 1022.4)Sec. 22.4.     Hazardous waste; underground storage tanks; regulations.(a) In accordance with Section 7.2, the Board shall  adopt regulations which are identical in substance to federal regulations  or amendments thereto promulgated by the Administrator of the United States  Environmental Protection Agency to implement Sections 3001, 3002, 3003,  3004, and 3005, of the Resource Conservation and Recovery Act of 1976 (P.L.  94-580). 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 months.  The provisions and requirements of Title VII of this Act  shall not apply to rules adopted under this subsection.  Section 5-35  of the Illinois Administrative Procedure Act relating to procedures for  rulemaking shall not apply to rules adopted under this subsection.(b) The Board may adopt regulations relating to a State hazardous waste  management program that are not inconsistent with and at least as stringent  as the Resource Conservation and Recovery Act of 1976 (P.L. 94-580), or  regulations adopted thereunder. Regulations adopted pursuant  to this subsection shall be adopted in accordance with the provisions and  requirements of Title VII of this Act and the procedures for rulemaking  in Section 5-35 of the Illinois Administrative Procedure Act.(c) Notwithstanding subsection (a) of this Section, the Board may adopt  additional regulations identifying the characteristics of hazardous waste and  additional regulations listing hazardous waste.  In adopting such regulations,  the Board shall take into account the toxicity, persistence, and degradability  in nature, the potential for accumulation in tissue, and other related factors  such as flammability, corrosiveness, and other hazardous characteristics.  The regulations may be revised from time to time as may be appropriate.  Regulations adopted pursuant to this subsection shall be adopted in accordance  with the provisions and requirements of this Act and the procedures for  rulemaking in Section 5-35 of the Illinois Administrative Procedure Act.(d) (1) In accordance with Section 7.2, after the adoption of  regulations by the United States Environmental Protection Agency to  implement Section 9003 of Subtitle I of the Hazardous and Solid Waste  Amendments of 1984 (P.L. 98-616) of the Resource Conservation and Recovery  Act of 1976 (P.L. 94-580), or any amendments to such regulations, the Board  shall adopt regulations relating to corrective action at underground  storage tanks that are identical in substance to such federal regulations.(2) The rulemaking provisions of Title VII of this Act and of Section  5-35 of the Illinois Administrative Procedure Act shall not apply to  regulations or amendments adopted pursuant to this subsection (d).(3) For purposes of adopting regulations or amendments thereto under  this subsection (d), corrective action shall not include requirements  providing for design, construction, installation, general operation,  release detection, release reporting, release determination investigation,  release confirmation, out-of-service systems and their closure or financial  responsibility.(4) By January 1, 1992, the Board shall amend its rules pertaining to  underground storage tanks adopted under paragraph (1) of this subsection to  make those rules applicable to any heating oil underground storage tank.    (Source: P.A. 87-323; 87-1088; 88-45.)