Ill. Admin. Code tit. 35, § 702.105 - Rulemaking
a)
Identical-in-Substance Regulations
1)
Generally applicable federal rules. Twice each year, the Board reserves
identical-in-substance rulemaking dockets pursuant to Sections 7.2, 13(c), and
22.4(a) of the Act. The Board's intent is generally to include all federal RCRA
or UIC amendments that occurred in the appropriate of the prior concluded
update periods of January 1 through June 30 or July 1 through December 31. The
Board reviews the federal actions that occurred in the period of interest and
includes those that require Board action in the reserved docket. The Board
itself initiates any necessary amendments to the RCRA or UIC program, so no
person needs to file a rulemaking proposal for the included amendments. The
Board routinely excludes from these identical-in-substance proposals those
federal amendments that pertain to facilities or activities that exist or occur
outside Illinois.
2) The Board does
not generally include site-specific federal amendments in an
identical-in-substance rulemaking proposal without a request from a member of
the regulated community. The owner or operator of a facility subject to a
site-specific federal rule that wishes the Board to incorporate that rule into
the Illinois regulations should submit a request to the Clerk of the Board for
inclusion of that site-specific rule in a future identical-in-substance
rulemaking proposal. Any person wishing such inclusion may petition the Board
to adopt appropriate amendments to the Illinois RCRA or UIC program pursuant to
Sections 7.2 and 13(c) or 22.4(a) of the Act. The petition must take the form
of a proposal for rulemaking pursuant to 35 Ill. Adm. Code 101 and 102. The
proposal must include a listing of all amendments of interest to the petitioner
together with copies of the Federal Register notices on which the amendments
are to be based.
b)
Other Regulations. With respect to the Illinois RCRA or UIC program or permit
issuance, any person may petition the Board to adopt amendments or additional
regulations that are not identical in substance to federal regulations. Such
proposal must conform to 35 Ill. Adm. Code 101 and 102 and Sections 13(d),
22.4(b) and (c), and Title VII of the Act.
Notes
Amended at 31 Ill. Reg. 438, effective December 20, 2006
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