IllinoisHB5070104th General Assembly (2025–2026)HouseWALLET

EPA-FEDERAL BACKSTOP

Sponsored By: Sponsor information unavailable

Became Law

Summary

Amends the Environmental Protection Act. In provisions concerning the regulation of air pollution, water pollution, drinking water, hazardous waste, and landfills, provides that the Illinois Pollution Control Board shall not adopt any standards that are less stringent than those existing in Board regulations. Provides that various provisions of the Act shall not be construed to limit the right of a person to submit to the Board, or for the Board to adopt, regulations more stringent than the regulations promulgated by the Administrator of the United States Environmental Protection Agency.

energy & environmentassignments

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Bill Overview

Analyzed Economic Effects

12 provisions identified: 4 benefits, 2 costs, 6 mixed.

Air standards match federal limits

The Board sets air emission and permit rules needed to meet the Clean Air Act. It adopts ambient air standards identical to the national limits and can adopt stricter ones. The Board may combine federal updates made within six months into one rulemaking. It gives public notice and a chance to comment before filing rules.

Faster adoption of federal EPA rules

The Illinois Pollution Control Board adopts U.S. EPA rules word‑for‑word when needed for state authorization. It can only make format or technical fixes. The Board must finish these state rulemakings within one year after each listed federal rule is adopted. The Board considers comments from EPA, Illinois EPA, the Attorney General, and the public.

Gas stations must add vapor recovery

Stations that sell over 10,000 gallons of gasoline a month must install and run vapor‑recovery systems in ozone nonattainment areas. The rule applies in areas rated moderate, serious, severe, or extreme. It does not apply in moderate areas if EPA issued onboard refueling standards by November 15, 1992.

Injection well rules match federal law

The Board adopts underground injection control rules identical in substance to federal Safe Drinking Water Act rules. It cannot set weaker standards than existing state rules. The Board may consolidate multiple federal updates within six months, and it can also adopt state UIC rules that are at least as strict as federal law using standard procedures.

UST cleanup rules mirror federal standards

After EPA issues federal underground storage tank cleanup rules, the Board adopts identical cleanup rules for Illinois. For this adoption, “corrective action” does not include tank design, construction, installation, general operation, leak detection or reporting, release investigation or confirmation, taking systems out of service and closure, or financial responsibility.

Hazardous waste rules align with federal

The Board adopts hazardous‑waste rules identical in substance to federal RCRA standards and cannot make them weaker than current state rules. It may combine federal updates made within six months into one rulemaking. The Board can also list and define hazardous wastes and characteristics over time using factors like toxicity and persistence.

Landfill rules align with federal law

The Board adopts municipal solid waste landfill rules identical in substance to federal RCRA standards and cannot make them weaker. Where federal rules allow it, the Board may use state alternative standards or keep consistent existing state rules.

No statewide ban on yard burning

The Board cannot ban burning of landscape waste across the whole state. It can restrict or ban burning in a local area only if accepted medical and biological evidence shows harmful air there.

Water discharge permits mirror federal system

The Board runs the NPDES water‑permit program under rules at least as strict as federal law. A facility with an NPDES permit under Section 39(b) does not need a separate state operating permit. The Board may exempt some categories from NPDES permits or conditions only if the environment stays protected and federal law allows it, or to avoid unfair hardship.

Targeted fixes to older air rules

If a person filed a Notice of Intent before June 8, 1988 and later filed a complete petition, the case follows Subpart I. That person is excluded from Subparts PP, QQ, and RR. The Board must create a separate RACT rule for that person. Also, Subpart FF sections 218.720–218.730 and 219.720–219.730 are repealed.

Truck tarp rules cannot be stricter

The Board may not require truck tarps beyond what the Illinois Vehicle Code already requires. Any conflicting Board rule is overridden.

Heating oil tanks covered by UST rules

Beginning January 1, 1992, the Board covers heating‑oil underground storage tanks under state UST rules. Homeowners with such tanks must follow tank rules. This can mean inspections or upgrades.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

  • Adriane Johnson

    Affiliation unavailable

  • Ann M. Williams

    Affiliation unavailable

  • Janet Yang Rohr

    Affiliation unavailable

  • Laura Ellman

    Affiliation unavailable

  • Mary Edly-Allen

    Affiliation unavailable

  • Theresa Mah

    Affiliation unavailable

Roll Call Votes

All Roll Calls

Yes: 132 • No: 48

Senate vote 5/14/2026

Third Reading - Passed;

Yes: 45 • No: 11

House vote 4/9/2026

Third Reading - Short Debate - Passed

Yes: 69 • No: 28

House vote 3/24/2026

Do Pass as Amended / Short Debate Energy & Environment Committee;

Yes: 18 • No: 9

Actions Timeline

  1. Public Act . . . . . . . . . 104-0510

    6/26/2026House
  2. Effective Date June 26, 2026

    6/26/2026House
  3. Governor Approved

    6/26/2026House
  4. Sent to the Governor

    6/12/2026House
  5. Passed Both Houses

    5/14/2026House
  6. Added as Alternate Co-Sponsor Sen. Mary Edly-Allen

    5/14/2026Senate
  7. Added as Alternate Co-Sponsor Sen. Adriane Johnson

    5/14/2026Senate
  8. Third Reading - Passed; 045-011-000

    5/14/2026Senate
  9. Added Co-Sponsor Rep. Janet Yang Rohr

    5/6/2026House
  10. Placed on Calendar Order of 3rd Reading May 5, 2026

    4/30/2026Senate
  11. Second Reading

    4/30/2026Senate
  12. Placed on Calendar Order of 2nd Reading April 28, 2026

    4/22/2026Senate
  13. Approved for Consideration Assignments

    4/22/2026Senate
  14. Referred to Assignments

    4/14/2026Senate
  15. First Reading

    4/14/2026Senate
  16. Chief Senate Sponsor Sen. Laura Ellman

    4/14/2026Senate
  17. Placed on Calendar Order of First Reading April 14, 2026

    4/10/2026Senate
  18. Arrive in Senate

    4/10/2026Senate
  19. Added Chief Co-Sponsor Rep. Theresa Mah

    4/9/2026House
  20. Third Reading - Short Debate - Passed 069-028-000

    4/9/2026House
  21. Placed on Calendar Order of 3rd Reading - Short Debate

    4/7/2026House
  22. Second Reading - Short Debate

    4/7/2026House
  23. Placed on Calendar 2nd Reading - Short Debate

    3/25/2026House
  24. House Committee Amendment No. 1 Tabled

    3/24/2026House
  25. Do Pass as Amended / Short Debate Energy & Environment Committee; 018-009-000

    3/24/2026House

Bill Text

  • Engrossed

  • Enrolled

  • House Amendment 1

  • House Amendment 2

  • Introduced

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