EMPLOYMENT

(820 ILCS 220/) Safety Inspection and Education Act.

    (820 ILCS 220/0.01) (from Ch. 48, par. 59.01)

    Sec. 0.01. Short title. This Act may be cited as the Safety
Inspection and Education Act.

(Source: P.A. 86-1324.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002200K0.01.htm"

    (820 ILCS 220/.02) (from Ch. 48, par. 59.02)

    Sec. .02. Definitions. As used in this Act:

    "Department" means the Department of Labor.

    "Director" means the Director of Labor.

    "Division" means the Division of Safety Inspection and Education
of the Department of Labor.

    "Employee" means every person in the service of: the State,
including members of the General Assembly, members of the Illinois
Commerce Commission, members of the Workers' Compensation Commission,
and all persons in the service of the public universities and colleges
in Illinois; an Illinois county, including deputy sheriffs and assistant
State's attorneys; or an Illinois city, township, incorporated village
or school district, body politic, or municipal corporation; whether by
election, under appointment or contract, or hire, express or implied,
oral or written.

    "Public employer" or "employer" means the State of Illinois and
all political subdivisions.

(Source: P.A. 94-477, eff. 1-1-06; 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002200K.02.htm"

    (820 ILCS 220/1) (from Ch. 48, par. 59.1)

    Sec. 1.    For the purpose of assisting in the
administration of the provisions of this Act, the Director of Labor may
authorize his representatives in the Department of Labor to perform any
necessary inspections or investigations. The Department of Labor,
hereinafter called the Department, shall maintain a division to be known
as the Division of Safety Inspection and Education, hereinafter called
the Division.

(Source: P.A. 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002200K1.htm"

    (820 ILCS 220/2) (from 820 ILCS 220/2, in part)

    Sec. 2. Powers and duties; inspections.

    (a) The Director of Labor shall enforce the occupational safety
and health standards and rules promulgated under the Health and Safety
Act and any occupational health and safety laws relating to inspection
of places of employment, and shall visit and inspect, as often as
practicable, the places of employment covered by this Act.

    (b) The Director of Labor or his or her authorized
representatives upon presenting appropriate credentials to the agent in
charge is authorized to have the right of entry and inspections of all
places of public employment in the State as follows:

        (1) To enter without delay and at reasonable times

any factory, plant, establishment, construction site, or other area,
workplace or environment where work is performed by an employee of a
public employer in order to enforce such occupational safety and health
standards.

        (2) If the public employer refuses entry upon being

presented proper credentials or allows entry but then refuses to permit
or hinders the inspection in some way, the inspector shall leave the
premises and immediately report the refusal to authorized management.
Authorized management shall notify the Director of Labor to initiate the
compulsory legal process or obtain a warrant for entry, or both.

        (3) To inspect and investigate during regular working

hours and at other reasonable times, and within reasonable limits and in
a reasonable manner, any such place of employment and all pertinent
conditions, structures, machines, apparatus, devices, equipment, and
materials therein, and to question privately any such employer, agent or
employee.

        (4) The owner, operator, manager or lessees of any

place affected by the provisions of this Act and his or her agent,
superintendent, subordinate or employee, and any employer affected by
such provisions shall when requested by the Division of Safety
Inspection and Education, or any duly authorized agent thereof, furnish
any information in his or her possession or under his control which the
Department of Labor is authorized to require, and shall answer
truthfully all questions required to be put to him, and shall cooperate
in the making of a proper inspection.

        (5) (Blank).

        (6) Subject to regulations issued by the Director of

Labor, a representative of the employer and a representative authorized
by his or her employees shall be given an opportunity to accompany the
Director of Labor or his or her authorized representative during the
physical inspection of any workplace under this Section for the purpose
of aiding such inspection. Where there is no authorized employee
representative the Director of Labor or his or her authorized agent
shall consult with a reasonable number of employees concerning matters
of health and safety in the workplace.

        (7)(A) Whenever and as soon as an inspector concludes

that an imminent danger exists in any place of employment, the inspector
shall inform the affected employees or their authorized representatives
and employers of the danger and that the inspector is recommending to
the Director of Labor that relief be sought.

        (B) Whenever the Director is of the opinion that

imminent danger exists in the working conditions of any public employee
in this State, which condition may reasonably be expected to cause death
or serious physical harm immediately or before the imminence of such
danger can be eliminated through the enforcement procedures otherwise
provided by this Act and the Health and Safety Act, the Director may
file a complaint in the circuit court for appropriate relief, including
an order that may require such steps to be taken as may be necessary to
abate, avoid, correct, or remove the imminent danger and prohibit the
employment or presence of any individual in locations or under
conditions where such imminent danger exists, except those individuals
whose presence is necessary to abate, avoid, correct, or remove the
imminent danger or to maintain the capacity of a continuous process
operation to assume normal operations without a complete cessation of
operations, or where a cessation of operations is necessary to permit
the cessation to be accomplished in a safe and orderly manner.

        (C) If the Director of Labor arbitrarily or

capriciously fails to seek relief under this Section, any employee who
may be injured by reason of such failure, or the representative of the
employee, may bring an action against the Director of Labor in the
circuit court for the circuit in which the imminent danger is alleged to
exist or the employer has his or her principal office, for relief by
mandamus to compel the Director of Labor to seek such an order and for
such further relief as may be appropriate.

    (c) In making his or her inspections and investigations

under this Act and the Health and Safety Act, the Director of Labor has
the power to require the attendance and testimony of witnesses and the
production of evidence under oath.

(Source: P.A. 94-477, eff. 1-1-06; 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002200K2.htm"

    (820 ILCS 220/2.1) (from 820 ILCS 220/2, in part)

    Sec. 2.1. Complaint inspection procedures.

    (a) Any employees or representatives of employees who believe
that a violation of a safety or health standard exists or that an
imminent danger exists, may request an inspection by submitting a
written complaint to the Director of Labor or his or her authorized
representative setting forth with reasonable particularity the grounds
for the complaint, and signed by the employees or representative of
employees.

    (b) If the Director of Labor or the Director's authorized
representative determines there are no reasonable grounds to believe
that a violation or danger exists, he or she shall notify the employees
or representatives of the employees in writing of such determination.

    (c) If, upon receipt of such complaint, the Director of Labor or
his or her authorized representative determines there are reasonable
grounds to believe that such violation or danger exists, he or she shall
make a special inspection of the workplace in accordance with the
provisions of this Act as soon as practicable, to determine if such
violation or danger exists.

    (d) A copy of the complaint shall be provided the employer or
his or her agent by the Director of Labor or his or her authorized
representative at the time of inspection, except that, upon the request
of the person making such complaint, his name and the name of individual
employees referred to therein, shall not appear in such copy or on any
record published, released, or made available by the Director of Labor
or his or her authorized representative.

    (e) Nonformal complaints shall be handled by an authorized
representative of the Director of Labor and, based upon the severity and
legitimacy of the complaint, the authorized representative of the
Director of Labor shall either schedule a complaint inspection or issue
a letter to the public employer stating the concern.

(Source: P.A. 94-477, eff. 1-1-06.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002200K2.1.htm"

    (820 ILCS 220/2.2)

    Sec. 2.2. Discrimination prohibited.

    (a) A person may not discharge or in any way discriminate
against any employee because the employee has filed a complaint or
instituted or caused to be instituted any proceeding under or related to
this Act or the Health and Safety Act or has testified or is about to
testify in any such proceeding or because of the exercise by the
employee on behalf of himself or herself or others of any right afforded
by this Act or the Health and Safety Act.

    (b) Any employee who believes that he or she has been discharged
or otherwise discriminated against by any person in violation of this
Section may, within 30 calendar days after the violation occurs, file a
complaint with the Director of Labor alleging the discrimination. Upon
receipt of the complaint, the Director of Labor shall cause such
investigation to be made as the Director deems appropriate. If, after
the investigation, the Director of Labor determines that the provisions
of this Section have been violated, the Director shall bring an action
in the circuit court for appropriate relief, including rehiring or
reinstatement of the employee to his or her former position with back
pay, after taking into account any interim earnings of the employee.

    (c) (Blank).

(Source: P.A. 94-477, eff. 1-1-06; 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002200K2.2.htm"

    (820 ILCS 220/2.3) (from 820 ILCS 220/2, in part)

    Sec. 2.3. Methods of compelling compliance.

    (a) Citations.

        (1) If, upon inspection or investigation, the

Director of Labor or his or her authorized representative believes that
an employer has violated a requirement of this Act, the Health and
Safety Act, or a standard, rule, regulation or order promulgated
pursuant to this Act or the Health and Safety Act, he or she shall with
reasonable promptness issue a citation to the employer. Each citation
shall be in writing; describe with particularity the nature of the
violation and include a reference to the provision of the Act, standard,
rule, regulation, or order alleged to have been violated; and fix a
reasonable time for the abatement of the violation.

        (2) The Director of Labor may prescribe procedures

for the issuance of a notice of de minimis violations which have no
direct or immediate relationship to safety or health.

        (3) Each citation issued under this Section, or a

copy or copies thereof, shall be prominently posted as prescribed in
regulations issued by the Director of Labor at or near the place at
which the violation occurred.

        (4) Citations shall be served on the employer,

manager, or agent by delivering an exact copy to the person upon whom
the service is to be had, or by leaving a copy at his or her usual place
of business or abode, or by sending a copy thereof by certified mail to
his place of business.

        (5) No citation may be issued under this Section

after the expiration of 6 months following the occurrence of any
violation.

        (6) If, after an inspection, the Director of Labor

issues a citation, he or she shall within 5 days after the issuance of
the citation, notify the employer by certified mail of the penalty, if
any, proposed to be assessed for the violation set forth in the
citation.

        (7) If the Director of Labor has reason to believe

that an employer has failed to correct a violation for which a citation
has been issued within the period permitted for its correction, the
Director of Labor shall notify the employer by certified mail of such
failure and of the monetary penalty proposed to be assessed by reason of
such failure.

        (8) The public entity may submit in writing data

relating to the abatement of a hazard to be considered by an authorized
representative of the Director of Labor. The authorized representative
of the Director of Labor shall notify the interested parties if such
data will be used to modify an abatement order.

    (b) Proposed penalties.

        (1) Civil penalties. Civil penalties under

subparagraphs (A) through (E) may be assessed by the Director of Labor
as part of the citation procedure as follows:

            (A) Any public employer who repeatedly violates

the requirements of this Act, the Health and Safety Act or any standard,
or rule, or order pursuant to either Act may be assessed a civil penalty
of not more than $10,000 per violation.

            (B) Any employer who has received a citation for

a serious violation of the requirements of this Act, the Health and
Safety Act or any standard, or rule, or order pursuant to either Act may
be assessed a civil penalty up to $1,000 for each such violation.

            For purposes of this Section, a serious
violation

shall be deemed to exist in a place of employment if there is a
substantial probability that death or serious physical harm could result
from a condition which exists, or from one or more practices, means,
methods, operations, or processes which have been adopted or are in use
in such place of employment unless the employer did not know and could
not, with the exercise of reasonable diligence, have known of the
presence of the violation.

            (C) Any public employer who has received a

citation for violations of this Act, the Health and Safety Act, or any
standard, or rule, or order pursuant to either Act not of a serious
nature may be assessed a civil penalty of up to $1,000 for each such
violation.

            (D) Any public employer who fails to correct a

violation for which a citation has been issued within the period
permitted may be assessed a civil penalty of up to $1,000 for each day
the violation continues.

            (E) Any public employer who intentionally

violates the requirements of this Act, the Health and Safety Act or any
standard, or rule, or order pursuant to either Act or demonstrates plain
indifference to any of those requirements shall be issued a willful
violation and may be assessed a civil penalty of not more than $10,000.

        (2) Criminal penalty. Any public employer who

willfully violates any standard, rule, or order promulgated pursuant to
this Act or the Health and Safety Act shall be charged with a Class 4
felony if that violation causes death to any employee.

        (3) Assessment and reduction of penalties. The

Director of Labor shall have the authority to assess all civil penalties
provided in this Section, giving due consideration to the
appropriateness of the penalty. Any penalty may be reduced by the
Director of Labor or the Director's authorized representative based upon
the public employer's "good faith", "size of business", and "history of
previous violations".

(Source: P.A. 94-477, eff. 1-1-06; 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002200K2.3.htm"

    (820 ILCS 220/2.4) (from 820 ILCS 220/2, in part)

    Sec. 2.4. Contested cases.

    (a)(1) An employer, or an agent, manager or superintendent
thereof, after receiving a citation, a proposed assessment of penalty,
or a notification of failure to correct violation from the Director of
Labor or his or her authorized agent that he or she is in violation of
this Act, the Health and Safety Act, or any occupational safety or
health standard, rule, or order pursuant to either Act, may within 15
working days from receipt of the notice of citation or penalty request
in writing a hearing before the Director for an appeal from the citation
order, notice of penalty, or abatement period.

    (2) An informal review may be requested by the

aforementioned parties within those 15 days for an authorized
representative of the Director of Labor to review abatement dates, to
reclassify violations (such as willful to serious, serious to other than
serious), and/or to modify or withdraw a penalty, a citation, or a
citation item if the employer presents evidence during the informal
conference which convinces the authorized representative that the
changes are justified.

    (3) If, within 15 working days from the receipt of the

notice issued by the Director, the employer fails to notify the Director
that he or she intends to contest the citation or proposed assessment of
penalty, and no notice is filed by any employee or employee
representative under subsection (b) within such time, the citation and
the assessment, as proposed, shall be deemed a final order and not
subject to review by any court or agency.

    (b) Any employee or representative of an employee may within 15
working days of the issuance of a citation file a request in writing for
a hearing before the Director for an appeal from the citation on the
ground that the period of time fixed in the citation for the abatement
of the violation is unreasonable.

    (c)(1) (Blank).

    (2) If an employer or his or her representatives

notifies the Director that he intends to contest a citation or
notification or if, within 15 working days of the issuance of the
citation, any employee or representative of employees files a notice
with the Director alleging that the period of time fixed in the citation
for the abatement of the violation is unreasonable, the Director shall
afford an opportunity for a hearing before an Administrative Law Judge
designated pursuant to subsection (b) of Section 2.10. At the hearing
the employer or employee shall state his or her objections to such
citation and provide evidence why such citation shall not stand as
entered. The Director of Labor or his or her representative shall be
given the opportunity to state his or her reasons for entering such
violation citation. Affected employees shall be provided an opportunity
to participate as parties to hearings under the rules of procedure
prescribed by the Director (56 Ill. Admin. Code, Part 120).

    (3) The Administrative Law Judge on behalf of the

Director, in consideration of the evidence presented at the formal
hearing, shall in accordance with his rules enter a final decision and
order within a reasonable time affirming, modifying or vacating the
citation or proposed penalty, or directing other appropriate relief.

    (4) (Blank).

    (5) Appeal.

        (A) Any party adversely affected by a final violation

order or determination of the Administrative Law Judge on behalf of the
Director may obtain judicial review by filing a complaint for review
within 35 days after the entry of the order or other final action
complained of, pursuant to the provisions of the Administrative Review
Law, all amendments and modifications thereof, and the rules adopted
pursuant thereto.

        (B) If no appeal is taken within 35 days the order

shall become final.

        (C) Judicial reviews filed under this Section shall

be heard expeditiously.

    (6) The Director of Labor and/or the Administrative Law

Judge on behalf of the Director of Labor has the power:

        (A) To issue subpoenas for and compel the attendance

of witnesses and the production of pertinent books, papers, documents or
other evidence.

        (B) To hear testimony and receive evidence.

        (C) To order testimony of a witness residing within

or without this State to be taken by deposition in the manner prescribed
by law for depositions in civil cases in the circuit court in any
proceedings pending before him or her at any state of such proceeding.

    Subpoenas and commissions to take testimony shall be

under seal of the Director of Labor.

    Service of subpoenas may be made by any sheriff or any

other person. The circuit court for the county where any hearing is
pending may compel the attendance of witnesses, the production of
pertinent books, papers, records, or documents and the giving of
testimony before the Director of Labor or an Administrative Law Judge by
an attachment proceeding, as for contempt, in the same manner as the
production of evidence may be compelled before the court.

(Source: P.A. 94-477, eff. 1-1-06; 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002200K2.4.htm"

    (820 ILCS 220/2.5)

    Sec. 2.5. Employee access to information.

    (a) The Director of Labor shall issue rules requiring employers
to maintain accurate records of employee exposures to potentially toxic
materials or harmful physical agents which are required to be monitored
or measured under this Act or the Health and Safety Act.

        (1) The rules shall provide employees or their

representatives with an opportunity to observe such monitoring or
measuring, and to have access to the records thereof.

        (2) The rules shall also make appropriate provisions

for each employee or former employee to have access to such records as
will indicate his or her own exposure to toxic materials or harmful
physical agents.

        (3) Each employer shall promptly notify any employee

who has been or is being exposed to toxic materials or harmful physical
agents in concentrations or at levels which exceed those prescribed by
an occupational safety and health standard and shall inform any employee
who is being thus exposed of the corrective action being taken.

    (b) The Director of Labor shall also issue rules requiring that
employers, through posting of notices or other appropriate means, keep
their employees informed of their protections and obligations under
these Acts, including the provisions of applicable standards.

(Source: P.A. 94-477, eff. 1-1-06; 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002200K2.5.htm"

    (820 ILCS 220/2.6)

    Sec. 2.6. Other prohibited actions and sanctions.

    (a) Advance notice. A person who gives advance notice of any
inspection to be conducted under the authority of this Act or the Health
and Safety Act without authority from the Director of Labor, or his or
her authorized representative, commits a Class B misdemeanor.

    (b) False statements. A person who knowingly makes a false
statement, representation, or certification in any application, record,
report, plan, or other document required pursuant to this Act, the
Health and Safety Act, or any rule, standard, or order pursuant to
either Act commits a Class 4 felony.

    (c) Violation of posting requirements. A public employer who
violates any of the required posting requirements of Sections 2.3 and
2.5 of this Act is subject to the following citations and proposed
penalty structure:

        (1) Job Safety & Health Poster: an other-than-serious

citation with a proposed penalty of $1,000.

        (2) Annual Summary of Injuries/Illnesses: an

other-than-serious citation and a proposed penalty of $1,000 even if
there are no recordable injuries or illnesses.

        (3) Citation: an other-than-serious citation and a

proposed penalty of $1,000.

    (d) All information reported to or otherwise obtained by the
Director of Labor or the Director's authorized representative in
connection with any inspection or proceeding under this Act or the
Health and Safety Act or any standard, rule, or order pursuant to either
Act which contains or might reveal a trade secret shall be considered
confidential, except that such information may be disclosed
confidentially to other officers or employees concerned with carrying
out this Act or the Health and Safety Act or when relevant to any
proceeding under this Act or the Health and Safety Act. In any such
proceeding, the Director of Labor or the court shall issue such orders
as may be appropriate, including the impoundment of files or portions of
files, to protect the confidentiality of trade secrets. A person who
violates the confidentiality of trade secrets commits a Class B
misdemeanor.

(Source: P.A. 94-477, eff. 1-1-06; 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002200K2.6.htm"

    (820 ILCS 220/2.7)

    Sec. 2.7. Inspection scheduling system.

    (a) In general, the priority of accomplishment and assignment of
staff resources for inspection categories shall be as follows:

        (1) Imminent Danger.

        (2) Fatality/Catastrophe Investigations.

        (3) Complaints/Referrals Investigation.

        (4) Programmed Inspections - general, monitoring and

follow-up.

    (b) The priority for assignment of staff resources for hazard
categories shall be the responsibility of an authorized representative
of the Director of Labor based upon the inspection category, the type of
hazard, the perceived severity of hazard, and the availability of
resources.

(Source: P.A. 94-477, eff. 1-1-06; 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002200K2.7.htm"

    (820 ILCS 220/2.8) (from 820 ILCS 220/2, in part)

    Sec. 2.8. Voluntary compliance program.

    (a) The Department shall encourage employers and organizations
and groups of employees to institute and maintain safety education
programs for employees and promote the observation of safety practices.

    (b) The Department shall provide and conduct educational
programs specifically designed to meet the regulatory requirements and
the needs of the public employer.

    (c) (Blank).

    (d) Regular public information programs shall be conducted to
inform the public employers of changes to the regulations or updates as
necessary.

    (e) The Department shall provide support services for any public
employer who needs assistance with the public employer's self-inspection
programs.

(Source: P.A. 94-477, eff. 1-1-06; 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002200K2.8.htm"

    (820 ILCS 220/2.9)

    Sec. 2.9. Laboratory services. The Department shall enlist the
services of certified laboratories to provide analysis and
interpretation of results via contractual services.

(Source: P.A. 94-477, eff. 1-1-06.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002200K2.9.htm"

    (820 ILCS 220/2.10) (from 820 ILCS 220/2, in part)

    Sec. 2.10. Adoption of rules; designation of personnel to hear
evidence in disputed matters.

    (a) The Director of Labor shall adopt such rules and regulations
as he or she may deem necessary to implement the provisions of this Act
or the Health and Safety Act, including, but not limited to, rules and
regulations dealing with: (1) the inspection of an employer's
establishment and (2) the designation of proper parties, pleadings,
notice, discovery, the issuance of subpoenas, transcripts, and oral
argument.

    (b) The Director of Labor may designate personnel to hear
evidence in disputed matters.

(Source: P.A. 94-477, eff. 1-1-06; 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002200K2.10.htm"

    (820 ILCS 220/2a) (from Ch. 48, par. 59.2a)

    Sec. 2a. (Repealed).

(Source: P.A. 87-245. Repealed by P.A. 91-798, eff. 7-9-00.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002200K2a.htm"

    (820 ILCS 220/7) (from Ch. 48, par. 59.7)

    Sec. 7. Employees in the Division shall be employed subject to
the provisions of the Personnel Code and "An Act to define and regulate
participation in politics, political management or political campaigns
by merit employees of the State."

(Source: Laws 1961, p. 2049.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002200K7.htm"

    (820 ILCS 220/8) (from Ch. 48, par. 59.8)

    Sec. 8. The Attorney General and state's attorneys, upon request
of the Department, shall prosecute any violation of any law which the
Department has the duty to administer and enforce.

(Source: P.A. 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002200K8.htm"

    (820 ILCS 220/9) (from Ch. 48, par. 59.9)

    Sec. 9. The Director of Labor shall, in the annual report to the
Governor required by "The Civil Administrative Code of Illinois", report
the result of inspections and investigations made of such
establishments, together with such other information and recommendations
as he deems proper.

(Source: Laws 1961, p. 2049.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002200K9.htm"

    (820 ILCS 220/10) (from Ch. 48, par. 59.10)

    Sec. 10. All fines collected pursuant to this Act or the Health
and Safety Act shall be deposited in the general revenue fund of the
State of Illinois.

(Source: P.A. 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002200K10.htm"

    (820 ILCS 220/11) (from Ch. 48, par. 59.11)

    Sec. 11. Nothing in this Act or the Health and Safety Act shall
be construed to supersede or in any manner affect any workers'
compensation or occupational diseases law or any other common law or
statutory rights, duties or liabilities, or create any private right of
action.

(Source: P.A. 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002200K11.htm"

    (820 ILCS 220/12)

    Sec. 12. It shall be the duty of the Division under the Director
of Labor to ensure that the health and safety of the public employees in
Illinois are protected by a program at least as effective as the federal
Occupational Safety and Health Administration (OSHA) program.

(Source: P.A. 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002200K12.htm"


[Federal Register Volume 78, Number 220 (Thursday, November 14, 2013)]
[Rules and Regulations]
[Pages 68357-68360]
[FR Doc No: 2013-26681]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0939; Directorate Identifier 2013-CE-043-AD;
Amendment 39-17655; AD 2013-22-23]
RIN 2120-AA64

Airworthiness Directives; Aermacchi S.p.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for
Aermacchi S.p.A. Models F.260, F.260B, F.260C, F.260D, F.260E, F.260F,
S.208, and S.208A airplanes equipped with a Lycoming O-540 wide
cylinder flange engine with a front crankcase mounted propeller
governor. This AD results from mandatory continuing airworthiness
information (MCAI) issued by the aviation authority of another country
to identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as the set screw that fixes the
setting of the propeller governor idler gear shaft was not in the
proper position. We are issuing this AD to require actions to address
the unsafe condition on these products.

DATES: This AD is effective December 16, 2013.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of December 16,
2013.
    We must receive comments on this AD by December 30, 2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Alenia
Aermacchi S.p.A, Via Paola Foresio, 1, 21040 Venegono Superiore
(Varese)--Italy; telephone: 0331-813111; fax: 0331-827595; Internet:
http://www.aleniaaermacchi.it/en-US/Pages/custsupp.aspx. You may view
this referenced service information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 64106. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD No.: 2012-0228R1, dated November 13, 2012 (referred to after this as
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    A case of in-flight complete loss of engine oil pressure
indications has been reported, resulting in an emergency landing.
During the post-flight inspection on the affected engine, some
metallic parts (2-4 mm) have been found. Although the origin of
these parts has not been established, it seems probable that they
originated from the set screw, Part Number (P/N) AN565B1032H, that
fixes the setting of the propeller governor idler gear shaft,
because in the affected engine, it was not found in the proper
position.
    This condition, if not detected and corrected, could lead to
engine failure, possible resulting in a forced landing, consequent
damage to the aeroplane, and injury to occupants.
    To address this potential unsafe condition, Alenia Aermacchi
issued Bollettino Tecnico (BT) 205B65 and BT 260SB-136 to instruct
owners and operators of the aeroplanes that could be affected.
    To correct this potential unsafe condition, EASA issued
Emergency AD 2012-0228-E to require repetitive inspections of the
affected engines and, in case any discrepancy is found,
accomplishment of the applicable corrective actions.
    Since AD 2012-0228-E was issued, it has become clear that only
`wide cylinder flange' engines equipped with a front crankcase
propeller governor (ref to Lycoming Service Instruction No. 1343B
and Lycoming Service Letter L220C) are equipped with the affected
set screw P/N AN565B1032H that is the subject of this AD.
    For the reason described above, this AD is revised to reduce the
Applicability, requiring only actions on aeroplanes fitted with a
`wide cylinder flange' engine equipped with a front crankcase
propeller governor. This AD is also revised to remove, after the
first inspection/correction, the limitation that prohibited
aerobatic manoeuvres.
    This is still considered to be a temporary measure and further
AD action may follow.

You may examine the MCAI on the Internet at http://www.regulations.gov
by searching for and locating it in Docket No. FAA-2013-0939.

Relevant Service Information

    Alenia Aermacchi Una Societa Finmeccanica has issued Mandatory
Bollettino Tecnico (English Translation: Technical Bulletin) No.
205B65, Revision 1, dated November 12, 2012; and Alenia Aermacchi Una
Societa Finmeccanica has issued Mandatory Bollettino Tecnico (English
Translation: Technical Bulletin) No. 260SB-136, Revision 1, dated
November 12, 2012. The actions described in this service information
are intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are issuing this AD because we
evaluated all information provided by the State of Design Authority and
determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because
improper position of the set screw that fixes the setting of the
propeller governor idler gear could result in loss of engine oil
pressure indications resulting in emergency landing. Therefore, we
determined that notice and opportunity for public comment before
issuing this AD are impracticable and that good cause exists for making
this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2013-0939; Directorate
Identifier 2013-CE-043-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

    We estimate that this AD will affect 43 products of U.S. registry.
We also estimate that it would take about 2 work-hours per product to
comply with

the basic requirements of this AD. The average labor rate is $85 per
work-hour. Required parts would cost about $50 per product.
    Based on these figures, we estimate the cost of the AD on U.S.
operators to be $9,460, or $220 per product.
    Since there currently are no repair instructions available when
discrepancies are found during the required inspection, the FAA has no
way of determining what the cost would be per airplane that would need
such repairs.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2013-22-23 Aermacchi S.p.A.: Amendment 39-17655; Docket No. FAA-
2013-0939; Directorate Identifier 2013-CE-043-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective December 16,
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following AERMACCHI S.p.A. airplanes that
are certificated in any category:
    (1) Models F.260, F.260B, F.260C, F.260D, F.260E, and F.260F
airplanes, all serial numbers, that are equipped with either a
Lycoming O-540, IO-540, or AEIO-540 wide cylinder flange engine
(identified by the suffix ``A'' or ``E'' in the serial number) with
a front crankcase mounted propeller governor; and
    (2) Models S.208 and S.208A airplanes, all serial numbers, that
are equipped with a Lycoming O-540 wide cylinder flange engine
(identified by the suffix ``A'' or ``E'' in the serial number) with
a front crankcase mounted propeller governor.

(d) Subject

    Air Transport Association of America (ATA) Code 71: Powerplant.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) issued by the aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as the set screw
that fixes the setting of the propeller governor idler gear shaft
was not in the proper position. We are issuing this AD to detect and
correct improper position of the set screw, which could lead to
complete loss of engine oil pressure indications and result in
emergency landing.

 (f) Actions and Compliance

    Unless already done, do the following actions in paragraphs
(f)(1) through (f)(5) of this AD.
    (1) For Models F.260, F.260B, F.260C, F.260D, F.260E, and F.260F
airplanes: Before further flight after December 16, 2013 (the
effective date of this AD), fabricate and install a placard that
states: ``AEROBATIC MANEUVERS ARE PROHIBITED.'' Fabricate the
placard using 1/8-inch black lettering on a white background and
install the placard on the instrument panel in clear view of the
pilot.
    (2) In lieu of installing the placard, a copy of this AD may be
inserted into the limitations section of the applicable airplane
flight manual (AFM) to comply with the action required by paragraph
(f)(1) of this AD. The insertion of the AD into the AFM may be done
by an owner/operator (pilot) holding at least a private pilot
certificate and must be entered into the airplane records showing
compliance with this AD in accordance with 14 CFR 43.9 (a)(1)(4) and
14 CFR 91.417(a)(2)(v). The record must be maintained as required by
14 CFR 91.173, 121.380, or 135.439.
    (3) For all airplanes: Within the next 10 hours time-in-service
(TIS) after December 16, 2013 (the effective date of this AD) and
repetitively thereafter at intervals not to exceed 100 hours TIS,
inspect the propeller governor idler gear shaft set screw, part
number (P/N) AN565B1032H, following the Compliance Instructions of
Alenia Aermacchi Una Societa Finmeccanica Mandatory Bollettino
Tecnico (English Translation: Technical Bulletin) No. 205B65,
Revision 1, dated November 12, 2012; or Alenia Aermacchi Una Societa
Finmeccanica Mandatory Bollettino Tecnico (English Translation:
Technical Bulletin) No. 260SB-136, Revision 1, dated November 12,
2012, as applicable.
    (4) If a discrepancy (e.g., set screw missing or unscrewed) is
found during any inspection required by paragraph (f)(3) of this AD,
before further flight, contact Alenia Aermacchi S.p.A. for repair
instructions approved by the FAA specifically for this AD and
incorporate the repair instructions. You may contact Alenia
Aermacchi S.p.A. using the contact information found in paragraph
(k)(3) of this AD.
    (5) After the initial inspection required by paragraph (f)(3) of
this AD, provided no discrepancies were found or any discrepancies
found were corrected as required by paragraph (f)(4) of this AD,
remove the placard or the copy of the AD that was inserted into the
AFM required by paragraphs (f)(1) or (f)(2) of this AD.

(g) Credit for Actions Accomplished in Accordance With Previous Service
Information

    This AD allows credit for the actions required in paragraphs
(f)(2) and (f)(3) of this AD if done before December 16, 2013 (the
effective date of this AD) following Alenia Aermacchi Una Societa
Finmeccanica Mandatory Bollettino Tecnico (English Translation:
Technical Bulletin) No. 205B65, dated October 26, 2012; or Alenia
Aermacchi Una Societa Finmeccanica Mandatory Bollettino Tecnico
(English Translation: Technical Bulletin) No. 260SB-136, dated
October 26, 2012, as applicable.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Mike Kiesov, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Before using any approved AMOC on any airplane
to which the AMOC applies, notify your appropriate principal
inspector (PI) in the FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(i) Special Flight Permit

    Special flight permits are permitted with the following
limitation: Aerobatic maneuvers are prohibited until the actions of
the AD are complied with.

(j) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2012-0228R1, dated November 13, 2012, for related information. You
may examine the MCAI on the Internet at http://www.regulations.gov
by searching for and locating it in Docket No. FAA-2013-0939.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Alenia Aermacchi Una Societa Finmeccanica Mandatory
Bollettino Tecnico (English Translation: Technical Bulletin) No.
205B65, Revision 1, dated November 12, 2012.
    (ii) Alenia Aermacchi Una Societa Finmeccanica Mandatory
Bollettino Tecnico (English Translation: Technical Bulletin) No.
260SB-136, Revision 1, dated November 12, 2012.
    (3) For service information identified in this AD, contact
Alenia Aermacchi S.p.A, Via Paola Foresio, 1, 21040 Venegono
Superiore (Varese)--Italy; telephone: 0331-813111; fax: 0331-827595;
Internet: http://www.aleniaaermacchi.it/en-US/Pages/custsupp.aspx.
    (4) You may view this referenced service information at the FAA,
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on October 31, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-26681 Filed 11-13-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: June 16, 2009 (Volume 74, Number 114)]
[Rules and Regulations]
[Page 28443-28444]
[DOCID:fr16jn09-3]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 35

[EPA-HQ-SFUND-2009-0144; FRL-8919-3]
 RIN 2050-AG53

Inclusion of CERCLA Section 128(a) State Response Programs and
Tribal Response Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This final rule revises regulations to include State Response
Programs and Tribal Response Programs under Section 128(a) of the
Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA) as among the Environmental Program Grants eligible for
inclusion in a Performance Partnership Grant (PPG). The rule also adds
State Response Program and Tribal Response Program specific provisions.

DATES: This rule is effective on June 16, 2009.

ADDRESSES: The mailing address of the Office of Brownfields and Land
Revitalization, Office of Solid Waste and Emergency Response, is U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., MC
5105T, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: For general information contact the
U.S. EPA's Virginia Fornillo, Office of Solid Waste and Emergency
Response, Office of Brownfields and Land Revitalization, at (202) 566-
2770 (fornillo.virginia@epa.gov), U.S. Environmental Protection Agency,
1200 Pennsylvania Avenue, NW., Washington, DC 20460-0002, Mail Code
5105T.

SUPPLEMENTARY INFORMATION:

I. Background

    State Response Program Grants and Tribal Response Program Grants,
authorized under Section 128(a) of CERCLA, are awarded to States and
Tribes to establish or enhance the response program of the State or
Tribe; capitalize a revolving loan fund for Brownfield remediation
under section 104(k)(3); or purchase insurance or develop a risk
sharing pool, an indemnity pool, or insurance mechanism to provide
financing for response actions under a State or Tribal response
program. Public Law 104-134 authorizes EPA to combine State and Tribal
Assistance Grant (STAG) ``categorical'' program grant funds into PPGs.
The CERCLA 128(a) State and Tribal Response program grants are funded
from STAG categorical appropriations and are eligible for inclusion
under 40 CFR 35.133 and 35.533 in a PPG. On August 20, 2004, EPA
implemented a pilot program authorizing EPA Regional Offices to add
CERCLA 128(a) State and Tribal Grant program funds into PPGs for one
state and one tribe in each region (69 FR 51756).

II. This Action

    The intent of this action is to include CERCLA 128(a) grants in the
list of grants eligible to be included in a Performance Partnership
Grant (PPG). Consistent with current Agency guidance on using CERCLA
128 funds, EPA has determined that funds awarded to states and tribes
under CERCLA 128(a)(1)(B)(ii) to capitalize a revolving loan fund for
Brownfield remediation under section 104(k)(3); or purchase insurance
or develop a risk sharing pool, an indemnity pool, or insurance
mechanism to provide financing for response actions under a State or
Tribal response program are not eligible for inclusion in PPGs. EPA's
regulations implementing PPGs are found at 40 CFR 35.101, 40 CFR
35.130-35.138, 40 CFR 35.501 and 40 CFR 35.530-35.538. This rule amends
these regulations to include State Response Programs Section CERCLA
128(a) under Title 40 Part 35 Subpart A and Tribal Response Programs
Section CERCLA 128(a) under Title 40 Part 35, Subpart B as a PPG
eligible grant program. The rule also adds State Response Program and
Tribal Response Program specific provisions to 40 CFR Part 35, Subparts
A and B.

III. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to OMB review. Because this grant action is not subject to
notice and comment requirements under the Administrative Procedures Act
or any other statute, it is not subject to the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.) or Sections 202 and 205 of the Unfunded
Mandates Reform Act of 1999 (UMRA) (Pub. L. 104-4). In addition, this
action does not significantly or uniquely affect small governments.
Although this action does not generally create new binding legal
requirements, where it does, such requirements do not substantially and
directly affect Tribes under Executive Order 13175 (63 FR 67249,
November 9, 2000). Although this grant action does not have significant
Federalism implications under Executive Order 13132 (64 FR 43255,
August 10, 1999), EPA consulted with states in the development of these
grant guidelines. This action is not subject to Executive Order 13045
(62 FR 19885, April 23, 1997), because this is not an economically
significant regulatory action as defined by Executive Order 12866, and
this action does not address environmental health or safety risks
disproportionately affecting children. This action is not subject to
Executive Order 13211, ``Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001), because it is not a significant regulatory action
under Executive Order 12866. This action does not involve technical
standards; thus, the requirements of Section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply. This action does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.). This action does not entail special considerations of
environmental justice related issues as delineated by Executive Order
12898 (59 FR 7629, February 16, 1994). The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides that before certain actions may
take effect, the agency promulgating the action must submit a report,
which includes a copy of the action, to each House of the Congress and
to the Comptroller General of the United States. Since this grant
action, when finalized, will contain legally binding requirements, it
is subject to the Congressional Review Act, and EPA will submit its
final action in its report to Congress under the Act.

List of Subjects in 40 CFR Part 35

    Environmental protection, Air pollution control, Grant programs--
environmental protection, Grant programs--Indians, Indians,
Intergovernmental relations, Reporting and recordkeeping requirements.

    Dated: June 9, 2009.
Lisa P. Jackson,
Administrator.

0
EPA amends 40 CFR Part 35 as follows:

PART 35--STATE AND LOCAL ASSISTANCE--[AMENDED]

0
1. The authority citation for part 35, subpart A continues to read as
follows:

    Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42
U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.;
15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Public Law 104-134,
110 Stat. 1321, 1321-299 (1996); Public Law 105-65, 111 Stat. 1344,
1373 (1997); 5. 105-276, 112 Stat. 2461, 2499 (1988).

Subpart A--[Amended]

0
2. Amend Sec.  35.101 by adding paragraph (a)(20) to read as follows:

Sec.  35.101  Environmental programs covered by the subpart.

    (a) * * *
    (20) State Response Program Grants (section 128(a) of the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA)).
* * * * *

0
3. Section 35.133 is amended by revising paragraph (a) to read as
follows:

Sec.  35.133  Programs eligible for inclusion.

    (a) Eligible programs. Except as provided in paragraph (b) of this
section, the environmental programs eligible, in accordance with
appropriation acts, for inclusion in a Performance Partnership Grant
are listed in Sec.  35.101(a)(2) through (17) and (20). (Funds
available from the section 205(g) State Administration Grants program
(Sec.  35.100(b)(18)) and the Water Quality Management Planning Grant
program (Sec.  35.100(b)(19)) and funds awarded to states under State
Response Program Grants (Sec.  35.100(b)(20)) to capitalize a revolving
loan fund for Brownfield remediation or purchase insurance or develop a
risk sharing pool, an indemnity pool, or insurance mechanism to provide
financing for response actions may not be included in Performance
Partnership Grants.)
* * * * *

0
4. Subpart A is amended by adding an undesignated center heading and
Sec. Sec.  35.419, 35.420 and 35.421 to read as follows:

Subpart A--[Amended]

State Response Program Grants (CERCLA Section 128(A))

Sec.  35.419  Purpose.

    (a) Purpose of section. Sections 35.419 through 35.421 govern State
Response Program Grants (as defined in section 128(a) of the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA)).
    (b) Purpose of program. State Response Program Grants are awarded
to States to establish or enhance the response program of the State;
capitalize a revolving loan fund for Brownfield remediation under
section 104(k)(3) of CERCLA; or purchase insurance or develop a risk
sharing pool, an indemnity pool, or insurance mechanism to provide
financing for response actions under a State response program.

Sec.  35.420  Basis for allotment.

    The Administrator allots response program funds to each EPA
regional office. Regional Administrators award funds to States based on
their programmatic needs and applicable EPA guidance.

Sec.  35.421  Maximum federal share.

    The Regional Administrator may provide up to 100 percent of the
approved work plan costs with the exception of the cost shares required
by CERCLA 104(k)(9)(B)(iii) for capitalization of revolving loan funds
under CERCLA 104(k)(3).

0
5. Amend Sec.  35.501 by adding paragraph (a)(10) to read as follows:

Sec.  35.501  Environmental programs covered by the subpart.

    (a) * * *
    (10) Tribal Response Program Grants (section 128(a) of the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA)).
* * * * *

0
6. Section 35.533 is amended by revising paragraph (a) to read as
follows:

Sec.  35.533  Programs eligible for inclusion.

    (a) Eligible programs. Except as provided in paragraph (b) of this
section, the environmental programs eligible for inclusion in a
Performance Partnership Grant are listed in Sec.  35.101(a)(2) through
(10) of this subpart. Funds awarded to tribes under Tribal Response
Program Grants (Sec.  35.101(a)(10)) to capitalize a revolving loan
fund for Brownfield remediation or purchase insurance or develop a risk
sharing pool, an indemnity pool, or insurance mechanism to provide
financing for response actions may not be included in Performance
Partnership Grants.
* * * * *

0
7. Subpart B is amended by adding a new undesignated center heading and
Sec. Sec.  35.736, 35.737 and 35.738 to read as follows:

Subpart B--[Amended]

Tribal Response Program Grants (CERCLA Section 128(A))

Sec.  35.736  Purpose.

    (a) Purpose of section. Sections 35.736 through 35.738 govern
Tribal Response Program Grants (as defined in section 128(a) of the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA)).
    (b) Purpose of program. Tribal Response Program Grants are awarded
to Tribes to establish or enhance the response program of the Tribe;
capitalize a revolving loan fund for brownfield remediation under
section 104(k)(3) of CERCLA; or purchase insurance or develop a risk
sharing pool, an indemnity pool, or insurance mechanism to provide
financing for response actions under a Tribal response program.

Sec.  35.737  Basis for allotment.

    The Administrator allots response program funds to each EPA
regional office. Regional Administrators award funds to Tribes based on
their programmatic needs and applicable EPA guidance.

Sec.  35.738  Maximum federal share.

    The Regional Administrator may provide up to 100 percent of the
approved work plan costs with the exception of the cost shares required
by CERCLA 104(k)(9)(B)(iii) for capitalization of revolving loan funds
under CERCLA 104(k)(3).

[FR Doc. E9-14114 Filed 6-15-09; 8:45 am]

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