***

The Pollution Control Board proposed amendments which will impact small businesses that generate or haul special waste in Illinois:

The Pollution Control Board proposed amendments to rules titled "Nonhazardous Special Waste Hauling and the Uniform Program " (35 Ill. Adm. Code 809; 36 Ill. Reg. 5095) that implement provisions of Public Act 97-220, withdrawing the State from the federal Uniform Hazardous Materials Transportation Registration and Permit Program.  PCB will require all transporters of both hazardous and non-hazardous special waste to obtain a single special waste hauler permit from the Illinois Environmental Protection Agency, instead of requiring a separate permit for hazardous special waste under the Uniform Program. 

Bottom Line:  A more complete description of this proposal may be found in the Board's first-notice opinion and order of March 15, 2012 in Docket R12-13. 

The IEPA initiated this proceeding by filing a rulemaking proposal intended to implement Public Act 97-220.  The Agency states that, before 1998, it issued a single special waste hauler permit valid for haulers of both nonhazardous and hazardous special waste generated in or destined to an Illinois facility.  Under the Uniform State Hazardous Materials Transportation Registration and Permit Program (Uniform Program) adopted in 1997, however, a hazardous waste transporter with its principal place of business in Illinois was required to register with and obtain a permit from the IEPA.

Among its various provisions, Public Act 97-220 amended Sections 21 and 22.2(1) and (1-5) of the Illinois Environmental Protection Act to remove Illinois from the Uniform Program.  The Agency stressed that special waste hauler permitting rules remain in effect, requiring all transporters of special waste (hazardous and nonhazardous) to obtain a special waste hauler permit prior to transporting waste from an Illinois generator or to an Illinois facility. 

Although the proposed amendments would require sources now subject to the Uniform Program to obtain a special waste hauler permit, the Agency stated that the special waste hauler permit application is simpler than the Uniform Program application. 

For questions or to submit comments, contact John Therriault at the Clerk's Office at the Illinois Pollution Control Board at (312) 814-3629. Click here to submit comments.

***

The Department of Children and Family Services proposed amendments that will impact licensed day care homes and group day care homes: 

The Illinois Department of Children and Family Services proposed amendments to "Licensing Standards for Day Care Homes" (89 Ill. Adm. Code 406; 36 Ill. Reg. 5663) and "Licensing Standards for Group Day Care Homes" (89 Ill. Adm. Code 408; 36 Ill. Reg. 5678) that implement a federal regulation.  The rulemaking requires these licensees to meet federal safety standards found in 16 CFR 1219 or 1220 for all baby cribs by 12/28/12.

Bottom Line:  In order to comply with federal regulations, the amendment requires that by December 28, 2012, all cribs in the day care home meet the federal safety standard.  For questions or comments, contact Jeff Osowski, Office of Child and Family Policy, Department of Children and Family Services at (217) 524-1983 or email:  CFPolicy@idcfs.state.il.us.Click here to submit comments.

***

The Department of State Police proposed amendments that will impact small businesses that conduct fingerprint-based background checks on employees: 

The Department of State Police proposed amendments to "Electronic Transmission of Fingerprints" (20 Ill. Adm. Code 1265; 36 Ill. Reg. 5966).  The rulemaking requires non criminal justice entities conducting fingerprint based criminal history background checks to submit a photograph of the individual being fingerprinted.  The photograph requirement will be effective 1/1/14.

Bottom Line:  The proposed amendments will update procedures used by noncriminal justice agencies and other entities in conducting fingerprint-based criminal history background investigations of prospective employees or licensees to require submission of a photo of the individual being fingerprinted.  For questions or comments, contact Suzanne Bond, Chief Legal Counsel, Illinois State Police, at (217) 782-7658. Click here to submit comments.

***

The Illinois Gaming Board proposed amendments that will impact licensed technicians for video gaming terminals: 

The Illinois Gaming Board proposed amendments to "Video Gaming (General)" (11 Ill. Adm. Code 1800; 36 Ill. Reg. 5935) that revise the definition of "licensed technician" to reflect that a licensed technician is not licensed to possess or control a video gaming terminal (VGT) or have access to the inner workings of a VGT (the logic area maintained in a separately locked cabinet of the VGT) that houses electronic components with the potential to significantly influence the operation of the terminal.  The definition of a "licensed terminal handler" is revised to include the reference to "logic area". 

Bottom Line:  The purpose of the present rulemaking is to clarify the respective scope of the licenses for a "licensed terminal handler" and "licensed technician" under the Video Gaming Act [230 ILCS 40]. The

definition of "licensed terminal handler" in Section 5 of the Act [230 ILCS 40/5] provides that this category of licensee shall have authority "to possess or control a video gaming terminal or to have access to the inner workings of a video gaming terminal." "Inner workings" is not defined by the Act, but the most reasonable interpretation of this term is the innermost locked area of a video gaming terminal that houses electronic logic components that have the potential to significantly influence the operation of the video

gaming terminal ("VGT"). As such, since a licensed terminal handler can "possess or control" a VGT and have access to the "inner workings" of a VGT, this category of licensee can take a broken VGT from a licensed location, transport it to an approved facility for repairs, and have access to all areas within the machine to effectuate the repair or replacement of parts. Alternatively, the licensed terminal handler can have access to the inner workings of the VGT and effectuate the repair within a licensed location.  In contrast, the definition of "licensed technician" in Section 5 of the Video Gaming Act provides that the functions of this category of licensee shall be limited to the "repair, service, and [maintenance of] video gaming terminals." Licensed technicians cannot "possess or control" a video gaming terminal (i.e., take a broken VGT to a repair facility), nor can they have access to the "inner workings" of a VGT. They can repair, service and maintain VGTs only outside of the innermost locked area of a VGT housing the

electronic logic components that have the potential to significantly influence the operation of the VGT. These repairs and maintenance include refilling printer paper, repairing bill validators, resetting tilted machines, repairing video displays, etc.

The present rulemaking amends the definitions of "licensed terminal handler" and "licensed technician" contained in Section 1800.110, Definitions, to comply with the statutory meaning of these terms. As part of the revised definition of "licensed terminal handler", the rulemaking also establishes the meaning of the phrase "inner workings."

For questions or comments, contact Lynn Carter, IGB, at (312) 814-4143 or email Lynn.Carter@igb.illinois.gov.  Click here to submit comments.

***

The Department of Agriculture proposed amendments that will impact livestock owners, sellers, and veterinarians:    

The Department of Agriculture proposed amendments to Parts titled "Livestock Auction Markets" (8 Ill Adm. Code 40; 36 Ill Reg 5888), "Bovine Brucellosis" (8 Ill Adm. Code 75; 36 Ill Reg 5894), "Swine Brucellosis" (8 Ill Adm. Code 100; 36 Ill Reg 5904), "Swine Disease Control and Eradication Act" (8 Ill Adm. Code 105; 36 Ill Reg 5907), and "Animal Disease Laboratories Act" (8 Ill Adm. Code 110; 36 Ill Reg 5924), all concerning testing of livestock for disease. The Part 40 amendments permit sale of cattle or swine at auction in Illinois without testing for brucellosis (a bacterial disease that causes miscarriage, infertility, and other symptoms in livestock) if the animals enter the livestock market from states or areas certified as brucellosis class free by the USDA Animal and Plant Health Inspection Service. Cattle that meet this criterion must have an approved eartag.  Amendments to Part 75 update references to federal regulations and replace references to the State-Federal Serology Laboratory in Springfield with "Department-approved laboratory".  Brucellosis testing prior to sale is required only for unvaccinated heifers or bison more than 6 months of age, or bulls more than 18 months of age, that originate from a non-brucellosis class free state. Female cattle of all breeds (currently, beef breeds only) may enter Illinois for feeding or grazing purposes if they have recently tested negative for brucellosis, have been vaccinated against the disease, or originate from a class free state, area, or herd. Amendments to Parts 100 and 105 update references to federal regulations, require use of USDA approved ear tags to identify disease-free swine, and remove obsolete references to a previously used 7- or 9-digit alphanumeric system for swine ear tags. The Part 110 amendments replace the current $45 fee per animal or group of animals brought to a laboratory for a necropsy with fees based upon animal size that will be available at Department laboratories or at its website. A fee cap of $150 applies to cases in which multiple tests and necropsies are required for a diagnosis and to mailed-in cases with multiple tests in which a veterinarian has performed the necropsy. Toxicology tests and disposal costs for the carcasses are not included in the

cap.   A provision doubling fees on tests requested by out of state animal owners is removed. Finally, fees for Brucella abortus bacterial serology tests are raised to $10 for the rivanol test and $2.50 for other test methods (currently, no charge or 50 cents per test).

Bottom Line:  Part 40:  Section 40.100 is being amended to address cattle entering the livestock auction market from brucellosis class-free states or areas may be sold without test for brucellosis to be identified with an approved official eartag.  Section 40.170 addresses swine entering the livestock auction market from brucellosis stage free states or areas that may be sold without test for brucellosis. 

Part 75:  Update references to the Code of Federal Regulations; strike references to the State-Federal Serology Laboratory and replacing with Department-approved laboratory; Section 75.130 is being amended to address untested heifers between 6 and 18 months of age from non-brucellosis states or areas may enter Illinois.  Section 75.160 is being amended to address female cattle entering Illinois to include beef breeds and dairy breeds.  Section 75.180 is striking references to "Dairy or Beef" in the Section title and subsection (b) is including all unvaccinated dairy or beef heifers "over 6 months of age and bull more than 18 months of age originating from Non-Brucellosis Class Free States, areas or countries and bison over 6 months of age". 

Part 100 is updating references to the Code of Federal Regulations.   Part 105 is updating references to the Code of Federal Regulations and in Section 105.130, removing criteria for approved ear tags that conform with a nine digit alphanumeric system or with a three letter and four number system on one side. 

Part 110 is updating fees for bacterial serology tests.

For questions or comments, contact Linda Rhodes at (217) 785-5713 or email Linda.Rhodes@Illinois.gov. Click here to submit comments.

***

The Illinois Department of Insurance proposed amendments which will impact employers wishing to contract with a preferred provider program (PPP) for worker's compensation cases and medical providers that wish to participate in a worker's compensation PPP:

The Department of Insurance proposed amendments to rules titled "Preferred Provider Programs" (50 Ill Adm. Code 2051; 36 Ill. Reg. 6356) to implement changes in the Workers' Compensation Act required by Public Act 97-18, which permits employers to adopt preferred provider programs approved by the Department of Insurance for worker's compensation cases.  Copies of approved workers' compensation preferred provider program (PPP) applications may be requested through the Department. All PPP applications must contain material outlined within Appendix D of this rule, including a registration fee of $1,000; signed copies of all current contracts with other entities to provide services; employee notification provisions required by the Illinois Workers' Compensation Commission; information regarding the organization and officers of the PPP; assurance that beneficiaries will not pay more if referred to out-of-network providers; and various provisions concerning medical services, physician status, liability and malpractice coverage, and network availability and access. A workers' compensation PPP payor agreement must outline all incentives to use a PPP and guarantee that out of network services that cannot be provided by the PPP shall be rendered at no greater cost to the beneficiary or the payor. Agreements between PPPs and insurers, employers or workers' compensation PPP administrators must include a description of the health care services to be provided, including discount services, limitations and exclusions; a provision requiring the provider to comply with applicable administrative policies (e.g., credentialing, utilization review, and referral procedures); notification procedures for contract termination; and criteria for liability and malpractice coverage, administrative services, and internal appeal/arbitration procedures. When payments are due to a provider, the provider must maintain and make the beneficiary's medical records available to the payor and/or administrator, as well as regulatory authorities.  PPP administrators must file a description of the services to be offered that includes the method of marketing the program; a map of the proposed area to be served; names and addresses of the providers; the number of estimated beneficiaries to be covered; the Internet website and toll-free number of the PPP; a description of services to be rendered; polices concerning closure or inclusion of the program to other providers wishing to participate; procedures for referrals within and outside the network; efforts to accommodate English deficient beneficiaries and comply with the Americans with Disabilities Act; and provisions for providing non-emergency care outside the PPP geographic area of service.

Bottom Line:   Due to the passage of Public Act 97-18 and the addition of Preferred Provider Programs to the Illinois Workers' Compensation Act, this Part requires revision to specifically address those entities wanting to provide a Workers' Compensation Preferred Provider Program to injured workers.  Per Section 8.1a of the Workers' Compensation Act, registration and regulation of these entities falls under the jurisdiction of the Department of Insurance.  For questions/requests for copies/comments concerning this proposed rulemaking through 6/11/12: Joe Clennon (217/557-1396) or Susan Anders (217/785-8220), DOI, 320 W. Washington St., Springfield IL 62767- 0001, Fax: 217-524-9033. Click here to submit comments.