ILLINOIS POLLUTION CONTROL BOARD
March 18, 2004
IN THE MATTER OF:
AMENDMENTS TO THE BOARD’S
PROCEDURAL RULES TO
ACCOMMODATE NEW STATUTORY
PROVISIONS: 35 ILL. ADM. CODE 101-130
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R04-24
(Procedural Rulemaking)
Proposed Rule. First Notice.
OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
The Board today opens this rulemaking docket, R04-24, to propose amendments to its
procedural rules for first-notice publication in the
Illinois Register
. Upon final adoption, the
proposed rules will reflect provisions of the new State Officials and Employees Ethics Act (5
ILCS 430,
created by
P.A. 93-615, eff. Nov. 19, 2003,
amended by
P.A. 93-617, eff. Dec. 9,
2003), as well as recent amendments to the Environmental Protection Act (415 ILCS 5 (2002))
and Administrative Procedure Act (5 ILCS 100 (2002)).
The Board had been addressing these procedural rule changes in rulemaking docket R04-
8, along with other proposed procedural rule amendments that would allow electronic filing
through the Board’s new Clerk’s Office On-Line or “COOL.” However, the statutory-based
changes and the electronic-filing changes are unrelated and their promulgation may need to
proceed at different paces. The Board wishes to avoid potential delays in adopting the relatively
straightforward statutory-based changes while the Board ensures a smooth roll-out of electronic
filing. For these reasons, the Board believes each set of changes is better addressed in its own
docket. To that end, the Board will devote R04-8 exclusively to the electronic-filing changes,
leaving this new docket, R04-24, for the statutory-based changes to the procedural rules.
In R04-24, the Board is proposing to amend each of the ten Parts of its procedural rules:
Parts 101, 102, 103, 104, 105, 106, 107, 108, 125, and 130 of Title 35 of the Illinois
Administrative Code. In this opinion, the Board first provides this rulemaking’s procedural
history. The Board then discusses the proposed rule changes necessitated by new statutory
provisions. The Board’s proposed amendatory language is set forth in the order following this
opinion.
PROCEDURAL HISTORY
The Board on November 7, 2002, proposed procedural rule changes for first notice in
docket R03-10.
See
Revision of the Board’s Procedural Rules: 35 Ill. Adm. Code 101-130,
R03-10 (Nov. 7, 2002). The first-notice amendments appeared in the
Illinois Register
on
December 2 and 6, 2002, proposing amendments to Parts 101-107, 125, and 130 of Title 35 of
the Illinois Administrative Code.
Besides accommodating electronic filing, the rule changes proposed for first notice were
aimed principally at reflecting amendments to the Environmental Protection Act (415 ILCS 5
2
(2002)) in P.A. 92-574 (eff. June 26, 2002) and Administrative Procedure Act (5 ILCS 100
(2002)) in P.A. 92-330 (eff. Aug. 9, 2001). The Board held two public hearings on the proposed
amendments (December 12 and 19, 2002) and received public comment.
During the pendency of the R03-10 rulemaking, the Environmental Protection Act was
further amended (P.A. 93-152, eff. July 10, 2003). These statutory amendments necessitate
procedural rule changes beyond those proposed for first notice in 2002. The Board decided to
address all procedural rule amendments at once in one docket. The Board therefore closed
docket R03-10 on August 21, 2003, (
see
Revision of the Board’s Procedural Rules: 35 Ill. Adm.
Code 101-130, R03-10, slip op. at 1 (Aug. 21, 2003)) and has since withdrawn the R03-10 first-
notice proposal.
Also on August 21, 2003, the Board opened docket R04-8. Changes originally proposed
in docket R03-10 were to be taken up in rulemaking R04-8, as were other rule changes needed
chiefly due to the mentioned legislation. The Board also incorporated the record of R03-10 into
the record of R04-8.
See
Amendments to the Board’s Procedural Rules: 35 Ill. Adm. Code 101-
130, R04-8, slip op. at 1-2 (Aug. 21, 2003).
During the pendency of R04-8, and before R04-8 went to hearing or first notice, the new
State Officials and Employees Ethics Act was enacted (5 ILCS 430,
created by
P.A. 93-615, eff.
Nov. 19, 2003,
amended by
P.A. 93-617, eff. Dec. 9, 2003). Some of the provisions of this new
law also necessitate amendments to the Board’s procedural rules.
To most expeditiously amend the Board’s procedural rules to reflect all of these statutory
changes, the Board today proceeds in this newly-created docket, R04-24, to address all statutory-
based changes, independent of amendments needed to allow electronic filing. The Board
incorporates the record of R04-8 into the record of this rulemaking, R04-24, and directs the
Clerk to copy the R04-8 record and place it into the record of R04-24. The Board will continue
to address electronic filing in R04-8. Materials from all of these rulemakings, including Board
opinions and orders, are available through COOL on the Board’s Web site at
www.ipcb.state.il.us.
DISCUSSION
This rulemaking proposes changes necessary to make the Board’s procedural rules
consistent with the new State Officials and Employees Ethics Act, as well as recent amendments
to the Environmental Protection Act and Administrative Procedure Act. These statutory
amendments have occurred since the Board adopted an entirely new set of procedural rules in
January 2001.
State Officials and Employees Ethics Act
The new State Officials and Employees Ethics Act created sweeping ethics requirements
for State officers and employees. These requirements include provisions on ethics training,
political activities during State time, campaign contributions, post-State service employment,
protections for whistle-blowers, the registration and activities of lobbyists, and gift bans.
3
The new ethics statute necessitates changes to the Board’s procedural rules on “
ex parte
communications.” The Board proposes to amend the definition of “
ex parte
communication” in
Section 101.202 to track the statutory language defining the term. The Board does not believe,
however, that the proposed definition differs fundamentally from the Board’s current definition.
The objective of the Board’s rule remains to prevent off-the-record communications designed to
influence the Board’s decision in any pending adjudicatory or regulatory proceeding.
The Board also proposes to amend Section 101.114 on
ex parte
communications. The
main change to this section reflects new statutory reporting requirements for the Board’s ethics
officer. To further help the public locate the rules on how to properly communicate with the
Board, the following procedural rule sections will cross-reference each other: Sections 101.202
and 101.114 on
ex parte
communications; Section 101.110 on public participation; and Section
101.628 on statements from participants.
Environmental Protection Act
In these proposed amendments to its procedural rules, the Board is addressing several
Public Acts that amended the Environmental Protection Act over approximately the past two
years.
Illinois Environmental Regulatory Review Commission
Changes to the Environmental Protection Act in P.A. 93-152 and P.A. 92-574 (described
below) resulted from recommendations of the Illinois Environmental Regulatory Review
Commission (IERRC). Created in December 1999 by Executive Order 18, the IERRC was
charged with reviewing and recommending improvements to the Environmental Protection Act,
which was originally enacted in 1970.
P.A. 93-152 (eff. July 10, 2003) amended the Environmental Protection Act in several
significant ways. The following describes the relevant statutory amendment and notes the
location of the corresponding procedural rule change: (1) having the Illinois Environmental
Protection Agency (Agency) rather than the Board issue provisional variances (
see
Section
101.302(d); Part 104.Subpart C); (2) allowing the Board to adopt settlements in citizen
enforcement actions
without
a public hearing (
see
Section 103.301); (3) updating incorporations
by reference in Board rules through a new rulemaking procedure that does not require a public
hearing or a request that the Department of Commerce and Economic Opportunity, formerly the
Department of Commerce and Community Affairs, conduct an economic impact study on the
proposed rules (
see
Section 102.211); (4) authorizing prevaili
ng citizen complainants before the
Board to go to circuit court to enforce a final Board order by injunction or other relief (
see
Part
103. Subpart F); and (5) clarifying that the administrative citation civil penalty amount of $1,500
(or $3,000 for a subsequent violation) is to be imposed for
each
violation of
each
provision of
Section 21(p) of the Environmental Protection Act (415 ILCS 5/21(p) (2002)) (
see
Section
108.500).
4
P.A. 92-574 (eff. June 26, 2002) resulted in a number of non-substantive changes to the
Environmental Protection Act. The Board now proposes corresponding changes to its procedural
rules. For example, the word “duplicitous,” confusing when referring to citizen complaints, is
changed to “duplicative.” S
ee
Section 101.202; Part 103.Subpart B.
Environmental Management Systems Agreements
P.A. 93-171 (eff. July 10, 2003) amends Environmental Protection Act provisions
(Sections 52.3-1, 52.3-2, and 52.3-4) addressing Environmental Management Systems
Agreements or “EMSAs.” EMSAs are agreements between the Agency and a “sponsor”
designed to implement innovative environmental measures not otherwise allowed under the law.
The P.A. 93-171 amendments specify that EMSAs may be executed with participants in
the United States Environmental Protection Agency’s (USEPA) “Federal Performance Track
Program,” which is the successor to USEPA’s “Federal XL Program.” USEPA operates the
Federal Performance Track Program to “recognize and reward businesses and public facilities
that demonstrate strong environmental performance beyond current regulatory requirements.”
Section 52.3-1(a)(6). P.A. 93-171 states that the Agency may terminate an EMSA if the sponsor
ceases to participate in the Federal Performance Track Program.
EMSA terminations are addressed in the Board’s procedural rules. The Board proposes
to amend its procedural rules at Section 106.704 to specify this additional ground for Agency
termination of EMSAs and the sponsors right to appeal that termination to the Board.
Number of Board Members
P.A. 93-509 (eff. Aug. 11, 2002) amends Section 5 of the Environmental Protection Act
(415 ILCS 5/5 (2002)). Among other things, this legislation reduces the number of Board
members from seven to five and correspondingly reduces the number of Board members needed
for a majority vote. Accordingly, the Board proposes to amend the definition of “Board
decision” in the procedural rules to reflect that the favorable vote of at least three rather than four
Board members is required for a Board decision.
See
Section 101.202;
see also
Section
101.300(d)(1).
Administrative Procedure Act
Also amended since the Board completely revised its procedural rules in January 2001 is
the Administrative Procedure Act. Due to P.A. 92-330 (eff. Aug. 9, 2001), the Administrative
Procedure Act now requires rulemaking proposals published in the
Illinois Register
to describe
any published study or research report used in developing the rule and where the public may
obtain a copy. This new requirement is reflected in proposed changes to the procedural rules at
Sections 102.202, 102.210, and 102.820.
5
CONCLUSION
The Board proposes procedural rule amendments for first notice. Each of the Parts of the
Board’s procedural rules will be amended: Parts 101, 102, 103, 104, 105, 106, 107, 108, 125,
and 130 of Title 35 of the Illinois Administrative Code. The changes are needed to reflect the
new State Officials and Employees Ethics Act and recent changes to the Environmental
Protection Act and Administrative Procedure Act. The Board also makes several minor
clarifying changes that do not merit discussion.
Publication in the
Illinois Register
of the proposed rule changes will start a 45-day period
during which anyone may file public comments with the Board at:
Office of the Clerk
Pollution Control Board
James R. Thompson Center
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
The Board encourages the public to file written public comments on these proposed procedural
rule amendments. Please note this docket number, R04-24, on your public comment.
ORDER
The Board directs the Clerk to cause publication of the following proposed amendments
in the
Illinois Register
for first notice. Proposed additions are underlined; proposed deletions
appear stricken.
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SUBPART A: GENERAL PROVISIONS
Section
101.100 Applicability
101.102 Severability
101.104 Repeals
101.106 Board Authority
101.108 Board Proceedings
101.110 Public Participation
101.112 Bias and Conflict of Interest
101.114 Ex Parte Communications
6
SUBPART B: DEFINITIONS
Section
101.200 Definitions Contained in the Act
101.202 Definitions for Board’s Procedural Rules
SUBPART C: COMPUTATION OF TIME, FILING, SERVICE OF DOCUMENTS, AND
STATUTORY DECISION DEADLINES
Section
101.300 Computation of Time
101.302 Filing of Documents
101.304 Service of Documents
101.306 Incorporation of Documents by Reference
101.308 Statutory Decision Deadlines and Waiver of Deadlines
SUBPART D: PARTIES, JOINDER, AND CONSOLIDATION
Section
101.400 Appearances, Withdrawals, and Substitutions of Attorneys in Adjudicatory
Proceedings
101.402 Intervention of Parties
101.403 Joinder of Parties
101.404 Agency as a Party in Interest
101.406 Consolidation of Claims
101.408 Severance of Claims
SUBPART E: MOTIONS
Section
101.500 Filing of Motions and Responses
101.502 Motions Directed to the Hearing Officer
101.504 Contents of Motions and Responses
101.506 Motions Attacking the Sufficiency of the Petition, Complaint, or Other Pleading
101.508 Motions to Board Preliminary to Hearing
101.510 Motions to Cancel Hearing
101.512 Motions for Expedited Review
101.514 Motions to Stay Proceedings
101.516 Motions for Summary Judgment
101.518 Motions for Interlocutory Appeal from Hearing Officer Orders
101.520 Motions for Reconsideration
101.522 Motions for Extension of Time
SUBPART F: HEARINGS, EVIDENCE, AND DISCOVERY
Section
7
101.600 Hearings
101.602 Notice of Board Hearings
101.604 Formal Board Transcript
101.606 Informal Recordings of the Proceedings
101.608 Default
101.610 Duties and Authority of the Hearing Officer
101.612 Schedule to Complete the Record
101.614 Production of Information
101.616 Discovery
101.618 Admissions
101.620 Interrogatories
101.622 Subpoenas and Depositions
101.624 Examination of Adverse, Hostile or Unwilling Witnesses
101.626 Information Produced at Hearing
101.628 Statements from Participants
101.630 Official Notice
101.632 Viewing of Premises
SUBPART G: ORAL ARGUMENT
Section
101.700 Oral Argument
SUBPART H: SANCTIONS
Section
101.800 Sanctions for Failure to Comply with Procedural Rules, Board Orders, or Hearing
Officer Orders
101.802 Abuse of Discovery Procedures
SUBPART I: REVIEW OF FINAL BOARD OPINIONS AND ORDERS
Section
101.902 Motions for Reconsideration
101.904 Relief from and Review of Final Opinions and Orders
101.906 Judicial Review of Board Orders
101.908 Interlocutory Appeal
APPENDIX A Captions
ILLUSTRATION A Enforcement Case
ILLUSTRATION B Citizen’s Enforcement Case
ILLUSTRATION C Variance
ILLUSTRATION D Adjusted Standard Petition
ILLUSTRATION E Joint Petition for an Adjusted Standard
ILLUSTRATION F Permit Appeal
8
ILLUSTRATION G Underground Storage Tank Appeal
ILLUSTRATION H Pollution Control Facility Siting Appeal
ILLUSTRATION I Administrative Citation
ILLUSTRATION J General Rulemaking
ILLUSTRATION K Site-specific Rulemaking
APPENDIX B Appearance Form
APPENDIX C Withdrawal of Appearance Form
APPENDIX D Notice of Filing
APPENDIX E Certificate of Service
ILLUSTRATION A Service by Non-Attorney
ILLUSTRATION B Service by Attorney
APPENDIX F Notice of Withdrawal (Repealed)
APPENDIX G Comparison of Former and Current Rules (Repealed)
AUTHORITY: Implementing Sections 5, 7.1, 7.2, 26, 27, 28, 29, 31, 32, 33, 35, 36, 37, 38, 40,
40.1, 40.2, 41, and 58.7 of the Environmental Protection Act (Act) [415 ILCS 5/5, 7.1, 7.2, 26,
27, 28, 29, 31, 32, 33, 35, 36, 37, 38, 40, 40.1, 40.2, 41, and 58.7] and authorized by Sections 26
and 27 of the Act [415 ILCS 5/26 and 27].
SOURCE: Filed with Secretary of State January 1, 1978; codified 6 Ill. Reg. 8357; Part
repealed, new Part adopted in R88-5A at 13 Ill. Reg. 12055, effective July 10, 1989; amended in
R90-24 at 15 Ill. Reg. 18677, effective December 12, 1991; amended in R92-7 at 16 Ill. Reg.
18078, effective November 17, 1992; old Part repealed, new Part adopted in R00-20 at 25 Ill.
Reg.446, effective January 1, 2001; amended in R04-24 at __ Ill. Reg. _____, effective _______.
SUBPART A: GENERAL PROVISIONS
Section 101.106 Board Authority
a) The Board has the authority to
determine, define and implement the
environmental control standards applicable in the State of Illinois and may adopt
rules and regulations in accordance with Title VII of the Act
[415 ILCS 5/5(b)].
b) The Board has the
authority to conduct proceedings hearings upon complaints
charging violations of the Act, any rule or regulation adopted under the Act, any
permit or term or condition of a permit, or any Board order; upon administrative
citations or of regulations thereunder; upon petitions for variances or adjusted
standards; upon petitions for review of the Agency’s final determinations on
denial of a permit applications in accordance with Title X of the Act; upon
petitions petition to remove seals a seal under Section 34 of the Act; upon other
petitions for review of final determination which are made pursuant to the Act or
Board rules and which involve a subject which the Board is authorized to
regulate. The Board may also conduct ; and such other proceedings hearings as
may be provided by the Act or any other statute or rule
[415 ILCS 5/5(d)].
9
c) In addition to subsections (a) and (b) of this Section, the Board has the authority
to act as otherwise provided by law.
(Source: Amended at __ Ill. Reg. _____, effective ___________)
Section 101.110 Public Participation
a) General. The Board encourages public participation in all of its proceedings. The
extent to which the law allows for the participation varies, depending on the type
of Board proceeding involved, the party status of the person or persons seeking to
participate, and the rules governing that type of proceeding. Public participation
in particular proceedings may be more specifically delineated by Board or hearing
officer order consistent with the provisions of applicable law and the Board’s
procedural rules. (See Sections 101.114 and 101.628 of this Part.)
b) Party/Non-Party Status. The issue of who constitutes a proper party in each type
of adjudicatory proceeding before the Board is addressed in the rules. A person
who wishes to participate in a Board adjudicatory proceeding and is not a party
will be deemed a participant and will have only those rights specifically provided
in these rules. A person who wishes to participate in a Board regulatory
proceeding will be deemed a participant and will have only those rights
specifically provided in these rules.
c) Amicus Curiae Briefs. Amicus curiae briefs may be filed in any adjudicatory
proceeding by any interested person, provided permission is granted by the Board.
Response briefs may be allowed by permission of the Board, but not as of right.
The briefs must consist of argument only and may not raise facts that are not in
evidence in the relevant proceeding. Amicus curiae briefs, and any responses, will
be considered by the Board only as time allows. The briefs will not delay
decision-making of the Board. (See also Section 101.302(k) of this Part.)
(Source: Amended at __ Ill. Reg. _____, effective ___________)
Section 101.114 Ex Parte Communications
a) For the purposes of this section, “interested person or party”
means a person or
entity whose rights, privileges, or interests are the subject of or are directly
affected by a regulatory, quasi-adjudicatory, investment, or licensing matter
[5
ILCS 430/5-50(d)].
b) For the purposes of this section, “Executive Ethics Commission” means the
commission created by the State Officials and Employees Ethics Act, 5 ILCS
430/1
et seq
.
a)
Adjudicatory Proceedings. Board members and employees are prohibited from
engaging in ex parte communications with respect to a pending adjudicatory
proceeding. (See definition of "ex parte communication" in Section 101.202 of
10
this Part.) For purposes of this Section, Board employee means a person the
Board employs on a full-time, part-time, contract, or intern basis.
bc) Adjudicatory and Regulatory Proceedings. Board Members and Board employees
should not engage in an ex parte communication designed to influence their action
with respect to an pending adjudicatory or regulatory proceeding pending before
or under consideration by the Board. (See definition of "ex parte communication"
in Section 101.202 of this Part.) Whenever practicable, an interested person or
party or his or her official representative or attorney should make all
communications with respect to an pending adjudicatory or regulatory proceeding
pending before or under consideration by the Board must be in writing and
addressed address them to the Clerk rather than to individual Board Members or
Board employees. (See Sections 101.110 and 101.628 of this Part.)
cd) Nothing in this Section precludes Board Members or Board employees from
receiving informal complaints about individual pollution sources, or forbids the
administrative contacts as would be appropriate for judges and other judicial
officers. Information about a pollution source included in the record of a
regulatory proceeding is not an ex parte communication with respect to any
adjudicatory proceeding concerning the pollution source.
de) When the Clerk on behalf of the Board, a Board member, or a Board employee
receives an ex parte communication from an interested person or party or his or
her official representative or attorney, the recipient, in consultation with the
Board’s ethics officer or his or her designee, must promptly memorialize the
communication and make it In the event that an ex parte communication occurs,
the Board Member or Board employee will make that communication part of the
record of the proceeding. To make an oral ex parte communication part of the
record, the substance of the oral communication, along with the identity of each
person involved in the communication, will be either set forth in a memorandum
and placed in the record or announced on the record at a public hearing.
f) When the Clerk on behalf of the Board, a Board member, or a Board employee
receives an ex parte communication, other than an ex parte communication
received from an interested person or party or his or her official representative or
attorney, that communication must be promptly reported to the Board’s ethics
officer or his or her designee
by the recipient of the communication and by any
other employee of the Board who responds to the communication
[5 ILCS 430/5-
50(c)].
1)
The ethics officer
or his or her designee, in consultation with the recipient
of the ex parte communication, must ensure
that the ex parte
communication is promptly made part of the record of the proceeding
[5
ILCS 430/5-50(c)].
2)
The ethics officer
or his or her designee, in consultation with the recipient
11
of the ex parte communication, must
promptly file the ex parte
communication with the Executive Ethics Commission, including:
A) All written communications;
B) All written responses to the communications;
C) A memorandum prepared by the ethics officer stating the nature
and substance of all oral communications;
D) The identity and job title of the person to whom each
communication was made;
E) All responses made;
F) The identity and job title of the person making each response;
G) The identity of each person from whom the written or oral ex parte
communication was received;
H) The individual or entity represented by that person;
I) Any action the person requested or recommended; and
J) Any other pertinent information.
3) The disclosure shall also contain the date of any ex parte communication
[5 ILCS 430/5-50(c)]
.
(Source: Amended at __ Ill. Reg. _____, effective ___________)
SUBPART B: DEFINITIONS
Section 101.202 Definitions for Board’s Procedural Rules
Unless otherwise provided in 35 Ill. Adm. Code 101-130, or unless a different meaning of a
word or term is clear from the context, the following definitions also apply to the Board’s
procedural rules, found in 35 Ill. Adm. Code 101 through 130:
“Act” means the Environmental Protection Act. [415 ILCS 5/1
et seq.
]
“Adjudicatory proceeding” means an action of a quasi-judicial nature brought before the
Board pursuant to authority granted to the Board under Section 5(d) of the Act or as
otherwise provided by law. Adjudicatory proceedings include enforcement, variance,
permit appeal, pollution control facility siting appeal, Underground Storage Tank (UST)
Fund determination, water well set back exception, adjusted standard, and administrative
12
citation proceedings. Adjudicatory proceedings do not include regulatory, quasi-
legislative, or informational proceedings.
“Adjusted standard” or “AS” means an alternative standard granted by the Board in an
adjudicatory proceeding pursuant to Section 28.1 of the Act and 35 Ill. Adm. Code
104.Subpart D. The adjusted standard applies instead of the rule or regulation of general
applicability.
“Administrative citation” or “AC” means a citation issued pursuant to Section 31.1 of the
Act by the Agency, or by a unit of local government acting as the Agency's delegate
pursuant to Section 4(r) of the Act.
“Administrative citation review (appeal)” means a petition for review of an
administrative citation filed pursuant to Section 31.1(d) of the Act. (See 35 Ill. Adm.
Code 108.)
“Affidavit” means a sworn, signed statement witnessed by a notary public.
“Affidavit of service” means an affidavit that states that service of a document upon
specified persons was made, and the manner in which, and date upon which, service was
made.
“Agency” means the Illinois Environmental Protection Agency as established by Section
4 of the Act.
“Agency recommendation” means the document filed by the Agency pursuant to Sections
37(a) and 28.1(d)(3) of the Act in which the Agency provides its recommended
disposition of a petition for variance or an adjusted standard. This includes a
recommendation to deny, or a recommendation to grant with or without conditions. (See
35 Ill. Adm. Code 104.218 and 104.416.)
“Amicus curiae brief” means a brief filed in a proceeding by any interested person who is
not a party. (See Sections 101.110 and 101.628 of this Part.)
“Applicant” means any person who submits, or has submitted, an application for a permit
or for local siting approval pursuant to any of the authorities to issue permits or granting
of siting approval identified in Sections 39, 39.1, and 39.5 of the Act.
“Article” means
any object, material, device or substance, or whole or partial copy
thereof, including any writing, record, document, recording, drawing, sample, specimen,
prototype, model, photograph, culture, microorganism, blueprint or map
[415 ILCS
5/7.1].
“Attorney General” means the Attorney General of the State of Illinois and/or
representatives thereof.
13
“Authorized representative” means any person who is authorized to act on behalf of
another person.
“Board” means the Illinois Pollution Control Board as created in Section 5 of the Act or,
if applicable, its designee.
“Board decision” means an opinion or an order voted in favor of by at least three four
members of the Board at an open Board meeting except in a proceeding to remove a seal
under Section 34(d) of the Act.
“Board designee” means an employee of the Board who has been given authority by the
Board to carry out a function for the Board (e.g., the Clerk, Assistant Clerk of the Board,
or hearing officer).
“Board meeting” means an open meeting held by the Board pursuant to Section 5(a) of
the Act in which the Board makes its decisions and determinations.
“Board’s procedural rules” means the Board’s regulations set forth at 35 Ill. Adm. Code
101 through 130.
“Brief” means a written statement that contains a summary of the facts of a proceeding,
the pertinent laws, and an argument of how the law applies to the facts supporting a
position.
“CAAPP” means the Clean Air Act Permit Program, as adopted in Section 39.5 of the
Act.
“Certificate of acceptance” means a certification, executed by a successful petitioner in a
variance proceeding, in which the petitioner agrees to be bound by all terms and
conditions that the Board has affixed to the grant of variance.
“Chairman” means the Chairman of the Board designated by the Governor pursuant to
Section 5(a) of the Act.
“Citizen’s enforcement proceeding” means an enforcement action brought before the
Board pursuant to Section 31(d) of the Act by any person who is not authorized to bring
the action on behalf of the People of the State of Illinois.
“Clean Air Act” or “CAA”
means the
federal
Clean Air Act, as now and hereafter
amended, 42 USC 7401 et seq.
[415 ILCS 5/ 39.5]
“Clean Water Act” means the federal Clean Water Act, 33 USC 1251 et seq.
“Clerk” means the Clerk of the Board.
14
“Complaint” means the initial filing that begins an enforcement proceeding pursuant to
Section 31 of the Act and 35 Ill. Adm. Code 103.
“Compliance plan” means a detailed description of a program designed to achieve
compliance with the Act and Board regulations.
“Copy” means
any facsimile, replica, photograph or other reproduction of an article,
and any note, drawing or sketch made of or from an article
[415 ILCS 5/7.1].
“Counter-complaint” means a pleading that a respondent files setting forth a claim
against a complainant. (See 35 Ill. Adm. Code 103.206.)
“Cross-complaint” means a pleading that a party files setting forth a claim against a co-
party. (See 35 Ill. Adm. Code 103.206.)
“Cross-media impacts” means impacts that concern multiple environmental areas, such as
air, land and/or water.
“Decision date” means the Board meeting immediately preceding the decision deadline.
“Decision deadline” means the last day of any decision period, as established by law,
within which the Board is required to render a decision in an adjudicatory proceeding.
(See Subpart C of this Part.) (See also Sections 38(a), 40, and 40.1 of the Act that
establish 120-day decision deadlines for variances, permit appeals, and review of
pollution control facility siting decisions respectively.)
“Decision period” means the period of time established by the Act within which the
Board is required to make a Board decision in certain adjudicatory proceedings. (See
Subpart C of this Part.) (See also Sections 38(a), 40, and 40.1 of the Act that establish
120-day decision deadlines for variances, permit appeals, and review of pollution control
facility siting decisions, respectively.)
“Deinked stock”
means paper that has been processed to remove inks, clays, coatings,
binders and other contaminants
[415 ILCS 20/2.1].
“Delegated unit” means the unit of local government to which the Agency has delegated
its administrative citation or other function pursuant to Section 4(r) of the Act.
“DNR” means the Illinois Department of Natural Resources.
“Discovery” means a pre-hearing process that can be used to obtain facts and information
about the adjudicatory proceeding in order to prepare for hearing. The discovery tools
include depositions upon oral and written questions, written interrogatories, production of
documents or things, and requests for admission.
“DNS” means the Illinois Department of Nuclear Safety.
15
“DOA” means the Illinois Department of Agriculture.
“Duplicitous” or “Duplicative” means the matter is identical or substantially similar to
one brought before the Board or another forum.
“Environmental Management System Agreement” or “EMSA” means the agreement
between the Agency and a sponsor, entered into under Section 52.3 of the Act and 35 Ill.
Adm. Code 187, that describes the innovative environmental measures to be
implemented, schedules to attain goals, and mechanisms for accountability.
“Enforcement proceeding” means an adjudicatory proceeding brought upon a complaint
filed pursuant to Section 31 of the Act by the Attorney General, State’s Attorney, or other
persons, in which the complaint alleges violation of the Act, or any rule or regulation
adopted under the Act, or Board order thereunder or any permit or term or condition of a
permit, thereof or any Board order.
“Ex parte communication”
means
a
any written or oral communication between a by any
person
who is not a Board Member or Board employee and a Board Member or Board
employee that reflects on the substance of a pending Board proceeding and that takes
place outside the record of the proceeding
that imparts or requests material information
or makes a material argument regarding potential action concerning regulatory, quasi-
adjudicatory, investment, or licensing matters pending before or under consideration by
the
Board. “
Ex parte communication” does not include the following: (i) statements by a
person publicly made in a public forum,
including pleadings, transcripts, and public
comments made part of the proceeding’s record
; (ii)
Communications statements
regarding matters of procedure and practice, such as the format of pleadings, the number
of copies required, the manner of servicefiling, and the status of proceedingsa matter;,
are not considered ex parte communications
and (iii) statements made by a State
employee of the
Board
to
Board members
or other employees of the
Board. [5 ILCS
100/10-60(d)5 ILCS 430/5-50(b)]. For purposes of this definition, “Board employee”
means a person the Board employs on a full-time, part-time, contract or intern basis. (See
Section 101.114 of this Part.)
“Fast Track rulemaking” means a Clean Air Act rulemaking conducted pursuant to
Section 28.5 of the Act.
“Federally required rule” means
a rule that is needed to meet the requirements of the
federal Clean Water Act, Safe Drinking Water Act, Clean Air Act (including required
submission of a State Implementation Plan), or Resource Conservation and Recovery
Act, other than a rule required to be adopted under subsection (c) of Section 13, Section
13.3, Section 17.5, subsection (a) or (d) of Section 22.4, or subsection (a) of Section
22.40
[415 ILCS 5/28.2].
“Filing” means the act of delivering a document or article into the custody of the Clerk
with the intention of incorporating that document or article into the record of a
16
proceeding or record before the Board. The Clerk’s Office is located at 100 West
Randolph Street, Suite 11-500, Chicago, IL 60601.
“Final order” means an order of the Board that terminates the proceeding leaving nothing
further to litigate or decide and that is appealable to an appellate court pursuant to Section
41 of the Act. (See Subpart I of this Part.)
“Frivolous” means a request for relief that the Board does not have the authority to grant,
or a complaint that fails to state a cause of action upon which the Board can grant relief.
“Hearing” means a public proceeding conducted by a hearing officer where the parties
and other interested persons, as provided for by law and the Board’s procedural rules,
present evidence and argument regarding their positions.
“Hearing officer” means a person licensed to practice law in the State of Illinois who
presides over hearings and otherwise carries out record development responsibilities as
directed by the Board.
“IAPA” means the Illinois Administrative Procedure Act [5 ILCS 100].
“Identical-in-substance rules (or regulations)” means
State regulations which require the
same actions with respect to protection of the environment, by the same group of affected
persons, as would federal regulations if USEPA administered the subject program in
Illinois
[415 ILCS 5/7.2].
“Initial filing” means the filing that initiates a Board proceeding and opens a docket. For
instance, the initial filing in an enforcement proceeding is the complaint; in a permit
appeal it is a petition for review; and in a regulatory proceeding it is the proposal.
“Innovative environmental measures” means any procedures, practices, technologies or
systems that pertain to environmental management and are expected to improve
environmental performance when applied. (See 35 Ill. Adm. Code 106.Subpart G.)
“Inquiry hearing” means a hearing conducted by the Board for the purpose of seeking
input and comment from the public regarding the need for a rulemaking proceeding in a
specific area.
“Interlocutory appeal” means an appeal of a Board decision to the appellate court that is
not dispositive of all the contested issues in the proceeding. (See Section 101.908 of this
Part.) An interlocutory appeal may also be the appeal of a hearing officer ruling to the
Board. (See Section 101.518 of this Part.)
“Intervenor” means a person, not originally a party to an adjudicatory proceeding, who
voluntarily participates as a party in the proceeding with the leave of the Board. (See
Section 101.402 of this Part.)
17
“Intervention” means the procedure by which a person, not originally a party to an
adjudicatory proceeding, voluntarily comes into the proceeding as a party with the leave
of the Board. (See Section 101.402 of this Part.)
“JCAR” means the Illinois General Assembly’s Joint Committee on Administrative Rules
established by the IAPA (see 5 ILCS 100/5-90).
“Joinder” means the procedure by which the Board adds a person, not originally a party
to an adjudicatory proceeding, as a party to the proceeding. (See Section 101.403 of this
Part and 35 Ill. Adm. Code 103.206.)
“Misnomer” means a mistake in name, giving an incorrect name in a complaint or other
document with respect to any properly included party.
“Motion” means a request made to the Board or the hearing officer for the purposes of
obtaining a ruling or order directing or allowing some act to be done in favor of the
movant. (See definition of “movant” in this Section.)
“Movant” means the person who files a motion.
“New pollution control facility” means
a pollution control facility initially permitted for
development or construction after July 1, 1981; or the area of expansion beyond the
boundary of a currently permitted pollution control facility; or a permitted pollution
control facility requesting approval to store, dispose of, transfer or incinerate, for the
first time, any special or hazardous waste
[415 ILCS 5/3.32(b)].
“Non-disclosable information” means
information which constitutes a trade secret;
information privileged against introduction in judicial proceedings; internal
communications of the several agencies; information concerning secret manufacturing
processes or confidential data submitted by any person under the Act
[415 ILCS 5/7(a)].
“Notice list” means the list of persons in a regulatory proceeding who will receive all
Board opinions and orders and all hearing officer orders. Persons on a notice list
generally do not receive copies of motions, public comments, or testimony. (See
definition of “service list” in this Section.) (See also 35 Ill. Adm. Code 102.422.)
“Notice to reinstate” means a document filed that recommences the decision period after
a decision deadline waiver has been filed. The notice will give the Board a full decision
period in which to make a decision. (See Section 101.308 of this Part.)
“Oral argument” means a formal verbal statement of advocacy on a proceeding’s legal
questions made at a Board meeting with the Board’s permission. (See Section 101.700 of
this Part.)
“OSFM” means Office of the State Fire Marshal.
18
“OSFM appeal” means an appeal of an OSFM final decision concerning eligibility and
deductibility made pursuant to Title XVI of the Act.
“Participant” means any person, not including the Board or its staff, who takes part in an
adjudicatory proceeding who is not a party, or a person who takes part in a regulatory or
other quasi-legislative proceeding before the Board. A person becomes a participant in
any of several ways, including filing a comment, being added to the notice list of a
particular proceeding, or testifying at hearing.
“Participant in a CAAPP Comment Process” means a person who takes part in a Clean
Air Act Permit Program (CAAPP) permit hearing before the Agency or comments on a
draft CAAPP permit.
“Party” means the person by or against whom a proceeding is brought.
“Party in interest” means the Agency when asked to conduct an investigation pursuant to
Section 30 of the Act during an ongoing proceeding. (See Section 101.404 of this Part.)
“Peremptory rulemaking” means
any rulemaking that is required as a result of federal
law, federal rules and regulations, or an order of a court, under conditions that preclude
compliance with the general rulemaking requirements of Section 5-40 of the IAPA and
that preclude the exercise by the
Board
as to the content of the rule it is required to
adopt
. [5 ILCS 100/5-50]
“Permit appeal” means an adjudicatory proceeding brought before the Board pursuant to
Title X of the Act.
“Person” means
any individual, partnership, co-partnership, firm, company, limited
liability company, corporation, association, joint stock company, trust, estate, political
subdivision, state agency, or any other legal entity, or their legal representative, agent or
assigns
[415 ILCS 5/3.3153.26].
“Petition” means the initial filing in an adjudicatory proceeding other than an
enforcement proceeding, including permit appeals, OSFM appeals, UST appeals, appeals
of pollution control facility siting decisions, variances and adjusted standards.
“Pilot project” means an innovative environmental project that covers one or more
designated facilities, designed and implemented in the form of an EMSA. (See Section
52.3 of the Act.)
“Pollution control facility” means
any waste storage site, sanitary landfill, waste disposal
site, waste transfer station, waste treatment facility, or waste incinerator. This includes
sewers, sewage treatment plants, and any other facilities owned or operated by sanitary
districts organized under the Metropolitan Water Reclamation District Act. The
following are not pollution control facilities
:
19
waste storage sites regulated under 40 CFR 761.42
;
sites or facilities used by any person conducting a waste storage, waste treatment,
waste disposal, waste transfer or waste incineration operation, or a combination
thereof, for wastes generated by such person's own activities, when such wastes
are stored, treated, disposed of, transferred or incinerated within the site or
facility owned, controlled or operated by such person, or when such wastes are
transported within or between sites or facilities owned, controlled or operated by
such person
;
sites or facilities at which the State is performing removal or remedial action
pursuant to Section 22.2 or 55.3
of the Act;
abandoned quarries used solely for the disposal of concrete, earth materials,
gravel, or aggregate debris resulting from road construction activities conducted
by a unit of government or construction activities due to the construction and
installation of underground pipes, lines, conduit or wires off of the premises of a
public utility company which are conducted by a public utility
;
sites or facilities used by any person to specifically conduct a landscape
composting operation
;
regional facilities as defined in the Central Midwest Interstate Low-Level
Radioactive Waste Compact
;
the portion of a site or facility where coal combustion wastes are stored or
disposed of in accordance with subdivision (r)(2) or (r)(3) of Section 21
of the
Act;
the portion of a site or facility used for the collection, storage or processing of
waste tires as defined in Title XIV
;
the portion of a site or facility used for treatment of petroleum contaminated
materials by application onto or incorporation into the soil surface and any
portion of that site or facility used for storage of petroleum contaminated
materials before treatment. Only those categories of petroleum listed in
paragraph (5) of subsection (a) of Section 57.9(a)(3) 22.18(b)
of the Act
are
exempt under this
definition
;
the portion of a site or facility where used oil is collected or stored prior to
shipment to a recycling or energy recovery facility, provided that the used oil is
generated by households or commercial establishments, and the site or facility is
a recycling center or a business where oil or gasoline is sold at retail
;
the portion of a site or facility utilizing coal combustion waste for stabilization
and treatment of only waste generated on that site or facility when used in
20
connection with response actions pursuant to the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, the federal
Resource Conservation and Recovery Act of 1976, or the Illinois Environmental
Protection Act or as authorized by the Agency;
the portion of a site or facility accepting exclusively general construction or
demolition debris, located in a county with a population over 700,000, and
operated and located in accordance with Section 22.38 of the Act.
[415 ILCS
5/3.330 3.32(a)]
“Pollution control facility siting appeal” means an appeal of a decision made by a unit of
local government filed with the Board pursuant to Section 40.1 of the Act.
“Postconsumer material” means
paper, paperboard, and fibrous wastes from retail
stores, office buildings, homes, and so forth, after the waste has been passed through its
end usage as a consumer item, including used corrugated boxes, old newspapers, mixed
waste paper, tabulating cards, and used cordage.
Additionally, it includes
all paper,
paperboard, and other fibrous wastes that are diverted or separated from the municipal
solid waste stream
[415 ILCS 20/3(f)(2)(i) and (ii)]. (See also definition of “recycled
paper” in this Section.)
“Prehearing conference” means a meeting held in an adjudicatory case to determine the
status of the proceedings. A prehearing conference may also be a meeting held in a
regulatory proceeding prior to the hearing, the purposes of which
shall be to maximize
understanding of the intent and application of the proposal, if possible, and to attempt to
identify and limit the issues of disagreement among participants to promote efficient use
of time at hearing
[415 ILCS 5/27(d)]. (See 35 Ill. Adm. Code 102.404 and 102.406.)
“Proceeding” means an action conducted before the Board pursuant to authority granted
under Section 5 of the Act or as otherwise provided by law. Board proceedings are of
two types: quasi-legislative (e.g., rulemaking and inquiry proceedings) and quasi-judicial
(adjudicatory proceedings).
“Proponent” means any person, not including the Board or its staff, who submits a
regulatory proposal to the Board for the adoption, amendment, or repeal of a regulation.
“Provisional variance” means a short term variance sought by an applicant and issued a
party and recommended by the Agency pursuant to Section 35(b) of the Act. (See 35 Ill.
Adm. Code 104.Subpart C 104.308.)
“Public comment” means information submitted to the Board during a pending
proceeding either by oral statement made at hearing or written statement filed with the
Board.
“Qualitative description” means a narrative description pertaining to attributes and
characteristics.
21
“Quantitative description” means a numerically based description pertaining to attributes
and characteristics.
“RCRA variance” means a variance from a RCRA rule or a RCRA permit required
pursuant to Section 21(f) of the Act.
“Record” means the official collection, as kept by the Clerk, of all documents and
exhibits including pleadings, transcripts, and orders filed during the course of a
proceeding.
“Recycled paper” means paper which contains at least 50% recovered paper material.
The recovered paper material must contain at least 45% deinked stock or postconsumer
material. (See also “postconsumer material” in this Section.)
“Registered agent” means a person registered with the Secretary of State for the purpose
of accepting service for any entity, or a person otherwise authorized in writing as an
agent for the purpose of accepting service for that entity.
“Regulatory hearing” or “proceeding” means a hearing or proceeding held pursuant to
Title VII of the Act or other applicable law with respect to regulations.
“Regulatory relief mechanisms” means variances, provisional variances and adjusted
standards. (See 35 Ill. Adm. Code 104.)
“Representing” means, for purposes of Part 130,
describing, depicting, containing,
constituting, reflecting or recording
[415 ILCS 5/7.1].
“Requester” means, for purposes of Part 130, the person seeking from the agency the
material claimed or determined to be a trade secret (see 415 ILCS 5/7.1).
“Resource Conservation and Recovery Act” or “RCRA” means the Solid Waste Disposal
Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 USC 6901
et seq.).
“Rulemaking” or “rulemaking proceeding” means a proceeding brought under Title VII
of the Act or other applicable law for the purpose of adoption, amendment, or repeal of a
regulation.
“Sanction” means a penalty or other mechanism used by the Board to provide incentives
for compliance with the Board’s procedural rules, Board orders or hearing officer orders.
(See also Subpart H of this Part.)
“SDWA” means the federal Safe Drinking Water Act (42 USC 300f et seq.).
22
“Service” means delivery of documents upon a person. (See Sections 101.300(c) and
101.304 of this Part.)
“Service list” means the list of persons designated by the hearing officer or Clerk in a
regulatory or adjudicatory proceeding upon whom participants must serve motions,
prefiled questions and prefiled testimony and any other documents that the participants
file with the Clerk unless the hearing officer otherwise directs. (See definition of “notice
list” in this Section.) (See also 35 Ill. Adm. Code 102.422.)
“Severance” means the separation of a proceeding into two or more independent
proceedings, each of which terminates in a separate, final judgment.
“Site-specific rule or regulation” means a proposed or adopted regulation, not of general
applicability, that applies only to a specific facility, geographic site, or activity. (See 35
Ill. Adm. Code 102.208.)
“Sponsor” means the proponent of a pilot project that enters into an EMSA with the
Agency.
“State enforcement proceeding” means an enforcement proceeding, other than a citizen’s
enforcement proceeding, that is brought pursuant to Section 31(a) of the Act.
“Stay” means a temporary suspension of the regular progress of a proceeding pursuant to
an order of the Board or by operation of law. (See Section 101.514 of this Part.)
“Subpoena” means a command to appear at a certain time and place to give testimony
upon a certain matter.
“Subpoena duces tecum” means a document that compels the production of specific
documents and other items at a specified time and place.
“Summary judgment” means the disposition of an adjudicatory proceeding without
hearing when the record, including pleadings, depositions and admissions on file,
together with any affidavits, shows that there is no genuine issue of material fact, and that
the moving party is entitled to judgment as a matter of law. (See Section 101.516 of this
Part.)
“Third party complaint” means a pleading that a respondent files setting forth a claim
against a person who is not already a party to the proceeding. (See 35 Ill. Adm. Code
103.206.)
“Trade secret” means
the whole or any portion or phase of any scientific or technical
information, design, process (including a manufacturing process), procedure, formula or
improvement, or business plan which is secret in that it has not been published or
disseminated or otherwise become a matter of general public knowledge, and which has
competitive value. A trade secret is presumed to be secret when the owner thereof takes
23
reasonable measures to prevent it from becoming available to persons other than those
selected by the owner to have access thereto for limited purposes
[415 ILCS 5/3.490
3.48].
“Transcript” means the official recorded testimony from a hearing.
“USEPA” means the United States Environmental Protection Agency.
“Underground storage tank appeal” or “UST appeal” means an appeal of an Agency final
decision made pursuant to Title XVI of the Act.
“UST” means underground storage tank.
“Variance” means a temporary exemption from any specified
regulation, requirement or
order of the Board granted to a petitioner by the Board pursuant to Title IX of the Act
upon presentation of adequate proof that compliance with the rule or regulation,
requirement or order of the Board would impose an arbitrary or unreasonable hardship
[415 ILCS 5/35(a)].
“Waiver” means the intentional relinquishing of a known right, usually with respect to a
hearing before the Board or entry of a Board decision within the decision period. (See
also Section 101.308 of this Part.)
“Web site” means the Board’s computer-based informational service accessed on the
Internet at http://www.ipcb.state.il.us.
(Source: Amended at __ Ill. Reg. _______, effective __________)
SUBPART C: COMPUTATION OF TIME, FILING, SERVICE
OF DOCUMENTS, AND STATUTORY DECISION DEADLINES
Section 101.300 Computation of Time
a) Computation of Time. Computation of any period of time prescribed in the Act,
other applicable law, or these rules will begin with the first calendar day
following the day on which the act, event or development occurs and will run
until the close of business on the last day, or the next business day if the last day
is a Saturday, Sunday or national or State legal holiday.
b) Time of Filing. Documents will be considered filed when they are filed in
conformance with the requirements found in Section 101.302 of this Part and any
other filing requirements specifically set out in the other Parts of these rules.
1) If filed in person, by messenger service or mail delivery service other than
U.S. Mail, documents are considered filed when they are received in the
Office of the Clerk.
24
2) If a document is filed by U.S. Mail subsequent to a filing deadline, yet the
postmark date precedes the filing deadline, the document will be deemed
filed on the postmark date, provided all filing requirements are met as set
forth in Section 101.302 of this Part.
3) Documents filed and received in the Office of the Clerk after 4:30 p.m.
will be marked as filed the following business day. The Clerk will record
the appropriate filing date on all filed documents.
4) For purposes of Board decision deadlines, time does not begin until the
date on which the initial filing is date-stamped by the Clerk.
c) Time of Service. In the case of personal service, service is deemed complete on
the date personal delivery was effectuated. In the case of facsimile transmission,
service is deemed complete on the date of a complete and proper transmittal
(facsimile filings are only allowed in accordance with Section 101.302(d) of this
Part). In the case of service by registered or certified mail, or by messenger
service, service is deemed complete on the date specified on the registered or
certified mail receipt or the messenger service receipt. In the case of service by
U.S. Mail, service is presumed complete four days after mailing. The
presumption can be rebutted by proper proof.
d) Date of Board Decision.
1) For purposes of statutory decision deadline proceedings, the date of the
Board decision is the date of the Board meeting where a final opinion and
order of the Board was adopted by the vote of at least three four Board
members.
2) For purposes of appeal, the date of the party’s certified mail receipt of the
Board decision is the date of service of the final opinion and order by the
Board upon the appealing party. Or, in the event of a timely filed motion
for reconsideration filed pursuant to Section 101.520 of this Part, the date
of the party’s certified mail receipt of the Board order ruling upon the
motion is the date of service by the Board upon the appealing party.
(Source: Amended at __ Ill. Reg. _______, effective __________)
Section 101.302 Filing of Documents
a) This Section contains the Board’s general filing requirements. Additional
requirements may exist for specific proceedings elsewhere in these rules. The
Clerk will refuse for filing any document that does not comply with the minimum
requirements of this Section.
25
b) All documents filed with the Board must be filed with the Clerk’s Office. Service
on a hearing officer does not constitute filing with the Board unless the document
is submitted to the hearing officer during the course of a hearing. Documents
may be filed at:
Pollution Control Board, Attn: Clerk
100 West Randolph Street
James R. Thompson Center, Suite 11-500
Chicago, Illinois 60601-3218
c) Documents may be filed by U.S. Mail or other mail delivery service, in person or
by messenger.
d) Filing by electronic transmission or facsimile will only be allowed with the prior
approval of the Clerk of the Board or hearing officer assigned to the proceeding.
The Agency may file a provisional variance recommendation with the Board
through electronic transmission or facsimile within 2 days prior to a regularly
scheduled meeting date followed by a hard copy submission.
e) The following initial filings require filing fees and will only be considered filed
when accompanied by the appropriate fee, which may be paid in the form of
government voucher, money order, or check made payable to the Illinois
Pollution Control Board, but which may not be paid in cash:
1) Petition for Site-Specific Regulation, $75;
2) Petition for Variance, $75;
3) Petition for Review of Agency Permit Decision, UST Decision, or any
other appeal filed pursuant to Section 40 of the Act, $75;
4) Petition to Review Pollution Control Facility Siting Decisions, pursuant to
Section 40.1 of the Act, $75; and
5) Petition for Adjusted Standard, pursuant to Section 28.1 of the Act, $75.
f) All documents filed must be served in accordance with Subpart C of this Part.
g) All documents filed with the Board should contain the relevant proceeding
caption and number and must be submitted on 8 1/2 x 11 inch recycled paper as
defined in Subpart B of this Part, and double sided if feasible.
h) Unless the Board or its procedural rules provide otherwise, all documents must be
filed with a signed original and 9 duplicate copies (10 total), except that:
26
1) Documents and motions specifically directed to the assigned
hearing officer must be filed with the Clerk with a signed original
and 4 duplicate copies (5 total), or as the hearing officer orders;
2) The Agency may file a signed original and 4 duplicate copies (5
total) of the record required by Section 105.116, 105.302, and
105.410;
3) The OSFM may file a signed original and 4 duplicate copies (5
total) of the record required by Section 105.508; and
4) The siting authority may file a signed original and 4 duplicate
copies (5 total) of the record required by Sections 107.300 and
302.
i) No written discovery, including interrogatories, requests to produce, and requests
for admission, or any response to written discovery, may be filed with the Clerk
of the Board except upon leave or direction of the Board or hearing officer. Any
discovery request under these rules to any nonparty must be filed with the Clerk
of the Board with a signed original and 4 duplicate copies (5 total), or as the
hearing officer directs.
j) Non-Conforming Exhibits. When possible, exhibits must be reduced to conform
to 8 1/2 X 11 inch recycled paper. However, one non-conforming original copy
may be filed with the Clerk’s Office. Upon closure of the proceeding, the non-
conforming copy may be returned to the person filing it in accordance with 2 Ill.
Adm. Code 2175.300.
k) Page Limitation. No motion, brief in support of motion, or brief may exceed 50
pages, and no amicus curiae brief may exceed 20 pages, without prior approval of
the Board or hearing officer. These limits do not include appendices containing
relevant material.
(Source: Amended at __ Ill. Reg. _______, effective __________)
SUBPART F: HEARINGS, EVIDENCE, AND DISCOVERY
Section 101.628 Statements from Participants
a) Oral Statements. The hearing officer may permit a participant to make oral
statements on the record when time, facilities, and concerns for a clear and
concise hearing record so allow. The oral statements must be made under oath
and are subject to cross-examination. (See Sections 101.110 and 101.114 of this
Part.)
27
b) Written Statements. Any participant may submit written statements relevant to
the subject matter at any time prior to hearing or at hearing. Participants
submitting such a statement will be subject to cross-examination by any party.
Written statements submitted without the availability of cross-examination will be
treated as public comment in accordance with subsection (c) of this Section and
will be afforded lesser weight than evidence subject to cross-examination.
c) Public Comments or Amicus Curiae Briefs. Participants may file public
comments subject to the requirements of this Section and the hearing officer's
schedule for completion of the record. The Board also allows for the filing of
amicus curiae briefs by non-party participants. Amicus curiae briefs will be
allowed in accordance with Section 101.110 of this Part.
1) Public comments must be filed within 14 days after the close of the last
hearing unless the hearing officer specifies a different date for submission
of post-hearing comments. However, all public comments must be filed
with the Board no later than 30 days before the decision date, unless the
hearing officer orders otherwise to prevent material prejudice. Consistent
with the burden of proof in a proceeding, the hearing officer may provide
for differing filing deadlines with respect to post-hearing comments by
different persons. Pursuant to hearing officer order, rebuttal public
comments may be submitted.
2) All public comments must present arguments or comments based on
evidence contained in the record. The comments may also present legal
argument citing legal authorities.
3) Comments must be filed with the Board. Comments will be distributed to
parties and the hearing officer by the Clerk’s office.
(Source: Amended at __ Ill. Reg. _____, effective ___________)
APPENDIX F
Notice of Withdrawal (Repealed)
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
)
Applicable Caption
)
(see Appendix A)
)
docket number
)
)
NOTICE OF WITHDRAWAL
28
NOW COMES [Petitioner’s or Complainant’s name], by one of its attorneys,[Attorney’s
name] pursuant to 35 Ill. Adm. Code 101.302(l) hereby gives notice of withdrawal of this case.
Attorney's Name
Name of Attorney and Firm
Address
Telephone Number
(Source: Repealed at __ Ill. Reg. ______, effective _______________)
APPENDIX G Comparison of Former and Current Rules (Repealed)
The following table compares the former procedural rules (in effect on December 31, 2000) with
the current procedural rules (effective January 1, 2000).
FORMER PART 101 CURRENT SECTION
101.100 101.100
101.101 101.200
101.202
101.102 101.302
101.103 101.302
101.104 101.302
101.105 101.308
101.106 101.306
101.107 101.400
101.108 101.400
101.109 101.300
101.120 101.302
101.121 2 Ill. Adm. Code 2175.210 (current)
101.122 2 Ill. Adm. Code 2175.215 (current)
101.140 101.304(a)
101.141 101.304
101.142 101.304(c)
101.143 101.304(d)
101.144 101.300
101.160 2 Ill. Adm. Code 2175.300 (current)
101.161 130.Subpart A
130.Subpart D
101.162 2 Ill. Adm. Code 2175.305 (current)
101.180 101.700
2 Ill. Adm. Code 2175.210 (current)
29
101.181 2 Ill. Adm. Code 2175.130 (current)
101.200 101.114
101.612
101.220 101.610
101.221 101.606
101.241 101.500
101.242 101.504
101.243 101.506
101.244 101.516
101.245 101.508
101.510
101.246 101.520
101.902
101.247 101.502
101.518
101.522
101.260 101.622
101.261 101.614
101.280 101.608
101.800
101.281 101.802
101.300 101.520
101.301 101.904
101.302 101.906
101.304 101.908
101.Appendix A Illustration A 101.Appendix A Illustration J
101.Appendix A Illustration B 101.Appendix A Illustration K
101.Appendix A Illustration C 101.Appendix A Illustration D
101.Appendix A Illustration D 101.Appendix A Illustration C
101.Appendix A Illustration F
101.Appendix A Illustration E 101.Appendix A Illustration A
101.Appendix A Illustration F 101.Appendix A Illustration I
101.Appendix B 101.Appendix B
101.Appendix C 101.Appendix C
101.Appendix D 101.Appendix D
101.Appendix E Illustration A 101.Appendix E Illustration A
101.Appendix E Illustration B 101.Appendix E Illustration B
(Source: Repealed at __ Ill. Reg. ______, effective _______________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 102
30
REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS
SUBPART A: GENERAL PROVISIONS
Section
102.100 Applicability
102.102 Severability
102.104 Definitions
102.106 Types of Regulatory Proposals
102.108 Public Comments
102.110 Waiver of Requirements
102.112 Other Proceedings
SUBPART B: REGULATIONS OF GENERAL APPLICABILITY, RESOURCE
CONSERVATION AND RECOVERY ACT (RCRA) AMENDMENTS, AND SITE-SPECIFIC
REGULATIONS
Section
102.200 Proposal for Regulations of General Applicability
102.202 Proposal Contents for Regulations of General Applicability
102.204 Proposal of RCRA Amendments
102.206 Notice of Site-Specific RCRA Proposals
102.208 Proposal for Site-Specific Regulations
102.210 Proposal Contents for Site-Specific Regulations
102.211 Proposal to Update Incorporations by Reference
102.212 Dismissal
SUBPART C: CLEAN AIR ACT AMENDMENTS (CAAA) FAST TRACK RULEMAKING
Section
102.300 Applicability
102.302 Agency Proposal
102.304 Hearings
102.306 Prefiled Testimony
SUBPART D: SERVICE AND FILING OF DOCUMENTS, MOTIONS, PRODUCTION OF
INFORMATION, SUBPOENAS, PREHEARING CONFERENCES, AND HEARINGS
Section
102.400 Service and Filing of Documents
102.402 Motions, Production of Information, and Subpoenas
102.404 Initiation and Scheduling of Prehearing Conferences
102.406 Purpose of Prehearing Conference
102.408 Prehearing Order
102.410 Authorization of Hearing
102.412 Scheduling of Hearings
102.414 Hearings on the Economic Impact of New Proposals
31
102.416 Notice of Hearing
102.418 Record
102.420 Authority of the Hearing Officer
102.422 Notice and Service Lists
102.424 Prehearing Submission of Testimony and Exhibits
102.426 Admissible Information
102.428 Presentation of Testimony and Order of Hearing
102.430 Questioning of Witnesses
SUBPART E: CERTIFICATION OF REQUIRED RULES
Section
102.500 Agency Certification
102.502 Challenge to Agency Certification
102.504 Board Determination
SUBPART F: BOARD ACTION
Section
102.600 Revision of Proposed Regulations
102.602 Adoption of Regulations
102.604 First Notice of Proposed Regulations
102.606 Second Notice of Proposed Regulations
102.608 Notice of Board Final Action
102.610 Adoption of Identical-in-Substance Regulation
102.612 Adoption of Emergency Regulations
102.614 Adoption of Peremptory Regulations
SUBPART G: MOTIONS FOR RECONSIDERATION AND APPEAL
Section
102.700 Filing of Motions for Reconsideration
102.702 Disposition of Motions for Reconsideration
102.704 Correction of Publication Errors
102.706 Appeal
SUBPART H: OUTSTANDING RESOURCE WATER DESIGNATION
Section
102.800 Applicability
102.810 Petition
102.820 Petition Contents
102.830 Board Action
APPENDIX A Comparison of Former and Current Rules (Repealed)
32
AUTHORITY: Implementing Sections 5, 7.2, 13(c), 13.3, 17.5, 22.4(a), 22.4(d), 22.7(d), 27, 28,
28.2, 28.6, 29, and 41 of the Environmental Protection Act (Act) [415 ILCS 5/5, 7.2, 13(c), 13.3,
17.5, 22.4(a), 22.4(d), 22.7(d), 27, 28, 28.2, 28.6, 29, and 41] and authorized by Sections 26 and
27 of the Act [415 ILCS 5/26 and 27].
SOURCE: Originally adopted as Chapter 1: Procedural Rules, Part II: Regulatory and Other
Nonadjudicative Hearings and Proceedings, in R70-4, 1 PCB 43, October 8, 1970; codified at 6
Ill. Reg. 8357; amended in R84-10 at 9 Ill. Reg. 1398, effective January 16, 1985; Part repealed,
new Part adopted in R88-5(B) at 14 Ill. Reg. 9210, effective May 24, 1990; amended in R90-16
at 14 Ill. Reg. 20472, effective December 11, 1990; old Part repealed, new Part adopted in R00-
20 at 25 Ill. Reg.587, effective January 1, 2001; amended in R01-13 at 26 Ill. Reg.3498, effective
February 22, 2002; amended in R04-24 at __ Ill. Reg. _____, effective ______ .
SUBPART A: GENERAL PROVISIONS
Section 102.106 Types of Regulatory Proposals
a) The Act provides for 5 4 types of regulatory proposals:
1) Identical-in-substance rulemakings, as defined in Sections 7.2, 13.3, 28.2
and 28.4 of the Act [415 ILCS 5/7.2, 13.3., 28.2, and 28.4];
2) Federally required rules, as defined in Section 28.2 of the Act [415 ILCS
5/28.2];
3) Other regulatory proposals, both of general applicability and not of
general applicability as allowed by Sections 26, 27 and 28 of the Act [415
ILCS 5/26, 27, and 28]; and
4) Clean Air Act fast track rulemakings as defined by Section 28.5 of the Act
[415 ILCS 5/28.5]; and.
5) Rulemaking to update incorporations by reference, as allowed by Section
28.6 of the Act [415 ILCS 5/28.6].
b) The IAPA provides for three types of rulemakings:
1) General rulemaking pursuant to Section 5-40 of the IAPA [5 ILCS 100/5-
40];
2) Emergency rulemaking pursuant to Section 5-45 of the IAPA [5 ILCS
100/5-45]; and
3) Peremptory rulemaking pursuant to Section 5-50 of the IAPA [5 ILCS
100/5-50].
33
(Source: Amended at __ Ill. Reg. _________, effective____________)
SUBPART B: REGULATIONS OF GENERAL APPLICABILITY, RESOURCE
CONSERVATION AND RECOVERY ACT (RCRA) AMENDMENTS, AND SITE-SPECIFIC
REGULATIONS
Section 102.202 Proposal Contents for Regulations of General Applicability
Each proponent must set forth the following in its proposal:
a) The language of the proposed rule, including any existing regulatory language
proposed to be amended or repealed. Language being added must be indicated by
underscoring, and language being deleted must be indicated by strike-outs. The
proposed rule must be drafted in accordance with 1 Ill. Adm. Code 100.Subpart
C;
b) A statement of the reasons supporting the proposal, including a statement of the
facts that support the proposal, and a statement of the purpose and effect of the
proposal, including environmental, technical, and economic justification. The
statement must discuss the applicable factors listed in Section 27(a) of the Act.
The statement must include, to the extent reasonably practicable, all affected
sources and facilities and the economic impact of the proposed rule;
c) A synopsis of all testimony to be presented by the proponent at hearing;
d) Copies of any material to be incorporated by reference within the proposed rule
pursuant to Section 5-75 of the IAPA [5 ILCS 100/5-75];
e)
A descriptive title or other description of any published study or research report
used in developing the rule, the identity of the person who performed such study,
and a description of where the public may obtain a copy of any such study or
research report. If the study was performed by an agency or by a person or entity
that contracted with the agency for the performance of the study, the agency shall
also make copies of the underlying data available to members of the public upon
request if the data are not protected from disclosure under the Freedom of
Information Act.
5 ILCS 100/5-40(3.5).
fe) Proof of service upon all persons required to be served pursuant to Section
102.422 of this Part;
gf) Unless the proponent is the Agency or DNR, a petition signed by at least 200
persons, pursuant to Section 28 of the Act and Section 102.410(b) of this Part;
hg) When the Agency proposes a rule it believes is federally required, a certification
in accordance with Section 102.500 of this Part;
34
ih) For a proposed rule that amends an existing Board rule, a written statement or
certification that the proposal amends the most recent version of the rule as
published on the Board’s Web site or as obtained from the Clerk;
ji) When the proponent is a State agency, an electronic version of the information
required under subsection (a) of this Section; and
kj) When any information required under this Section is inapplicable or unavailable,
a complete justification for the inapplicability or unavailability.
(Source: Amended at __ Ill. Reg. _________, effective____________)
Section 102.210 Proposal Contents for Site-Specific Regulations
Proponents of site-specific regulations other than those relating to RCRA must comply with the
requirements of Section 102.202 of this Part in addition to the following requirements:
a) The proposal must set forth the language of the proposed site-specific rule,
including any existing regulatory language proposed to be amended or repealed.
Language being added must be indicated by underscoring and language being
deleted must be indicated by strike-outs. If the proposed site-specific rule seeks
an exemption from or modification of a rule of general applicability, the proposed
site-specific rule may not be proposed as an amendment to the general rule.
Instead, the site-specific rule must be proposed as its own Section;
b) In the event that the proposed rule would replace the applicability of a general
rule to the pollution source, the proposal must specify, with supporting
documentation, the reasons why the general rule is not technically feasible or
economically reasonable for the person or site. The documentation must include
relevant information on other similar persons' or sites' ability to comply with the
general rule. Where relevant to the Board’s consideration, the proposal must also
include information pertaining to
existing physical conditions, the character of the
area involved, including the character of surrounding land uses, zoning
classifications,
and
the nature of the existing air quality or receiving body of
water
[415 ILCS 5/27(a)];
c)
A descriptive title or other description of any published study or research report
used in developing the rule, the identity of the person who performed such study,
and a description of where the public may obtain a copy of any such study or
research report. If the study was performed by an agency or by a person or entity
that contracted with the agency for the performance of the study, the agency shall
also make copies of the underlying data available to members of the public upon
request if the data are not protected from disclosure under the Freedom of
Information Act.
5 ILCS 100/5-40(3.5).
35
dc) The proposal must describe the person or site for which regulatory change is
sought and the area affected by the proposed change. The proposal must also
include a detailed assessment of the environmental impact of the proposed
change, and include a description of available treatment or control options;
ed) The proposal must demonstrate that the Board may grant the requested relief
consistent with federal law governing the subject of the proposal (e.g.,
Underground Injection Control program, Resource Conservation and Recovery
Act, etc.);
fe) When the proponent is a State agency, the proponent also must provide an
electronic version of the information required under subsection (a) of this Section;
and
gf) When any information required under this Section is inapplicable or unavailable,
the proposal must provide a complete justification for the inapplicability or
unavailability.
(Source: Amended at __ Ill. Reg. _________, effective____________)
Section 102.211 Proposal to Update Incorporations by Reference
a)
Any person may file a proposal with the Board to update an incorporation by
reference included in a Board rule. The Board or the Agency may also make such
a proposal on its own initiative.
[415 ILCS 5/28.6(a)] The proposal must be filed
with the Clerk in accordance with 35 Ill. Adm. Code 101.302(h) and served on the
Agency, DNR, and the Attorney General in accordance with 35 Ill. Adm. Code
101.304(c).
b)
A rulemaking to update an incorporation by reference under this Section must
:
1)
Be for the sole purpose of replacing a reference to an older or obsolete
version of a document with a reference to the current version of that
document or its successor document
; and
2)
Comply with Sections 5-40 and 5-75 of the IAPA
[5 ILCS 100/5-40, 5-75].
[415 ILCS 5/28.6(b), (c)]
c)
Sections 27 and 28 of the Act
[415 ILCS 5/27, 28]
do not apply to rulemaking
under this Section.
[415 ILCS 5/28.6(c)] Accordingly, for rulemaking under this
Section, the Board will not hold any public hearings nor request that the
Department of Commerce and Economic Opportunity conduct a study of the
economic impact of the proposed amendment.
d) A proposal to update an incorporation by reference under this Section must:
36
1) Include a statement of the reasons supporting the proposal, including a
statement of the facts that support the proposal, and a statement of the
purpose and effect of the proposal;
2) Comply with subsections (a), (d), (e), (f), (i), and (j) of Section 102.202 of
this Part; and
3) When any information required under this subsection is inapplicable or
unavailable, the proposal must provide a complete justification for the
inapplicability or unavailability.
e)
If an objection to the proposed amendment is filed during the public comment
period required under Section 5-40 of the IAPA
[5 ILCS 100/5-40],
then the
proposed amendment cannot be adopted pursuant to this Section.
[415 ILCS
5/28.6(d)]
f)
Nothing in this Section precludes the adoption of a change to an incorporation by
reference through other lawful rulemaking procedures.
[415 ILCS 5/28.6(d)]
(Source: Added at __ Ill. Reg. _________, effective____________)
SUBPART C: CLEAN AIR ACT AMENDMENTS (CAAA) FAST TRACK RULEMAKING
Section 102.302 Agency Proposal
a) When proposing a regulation required by the CAAA, the Agency must meet the
following requirements:
1) The proposal must set forth the proposed rule, which must be drafted in
accordance with 1 Ill. Adm. Code 100.Subpart C;
2) The proposal must have a cover sheet that prominently states that the
Agency proposes the rule under Section 28.5 of the Act,
unless another
provision of the Act specifies the method for adopting a specific rule
[415
ILCS 5/28.5(c)];
3) The proposal must
clearly identify the provisions and portions of the
federal statute, regulations, guidance, policy statement, or other
documents upon which the rule is based
[415 ILCS 5/28.5(e)(3)];
4) The proposal must include
supporting documentation for
the rule that
summarizes the basis of the rule
[415 ILCS 5/28.5(e)(4)];
5) The proposal must
describe in general
the alternative selected and the
basis for the alternative
[415 ILCS 5/28.5(e)(5)];
37
6) The proposal must summarize the economic and technical data that the
Agency relied upon in drafting the proposed rule;
7) The proposal must include a list of any documents that the Agency
directly relied upon in drafting the proposed rule or that the Agency
intends to rely upon at hearing, and copies of the documents;
8) The proposal must set forth
a description of the geographical area to which
the rule is intended to apply, a description of the process or processes
affected, and identification by classes of the entities expected to be
affected, and a list of sources expected to be affected by the rule to the
extent known to the Agency
[415 ILCS 5/28.5(e)(8)]; and
9)
A descriptive title or other description of any published study or research
report used in developing the rule, the identity of the person who
performed such study, and a description of where the public may obtain a
copy of any such study or research report. If the study was performed by
an agency or by a person or entity that contracted with the agency for the
performance of the study, the agency shall also make copies of the
underlying data available to members of the public upon request if the
data are not protected from disclosure under the Freedom of Information
Act
[5 ILCS 100/5-40(3.5)]; and
109) The proposal must include a diskette containing the information required
under subsection (a)(1) of this Section.
b) If the proposal fails to meet any of the requirements of subsection (a) of this
Section, the Board may decide not to accept the proposal for filing.
(Source: Amended at __ Ill. Reg. _________, effective____________)
Section 102.304 Hearings
a) Within 14 days after the receipt of a rule the Board will file the proposed rule for
first notice and schedule all hearings. Additionally, the Board will send notice to
the appropriate newspaper of the scheduled hearing. The notice will be published
by the newspaper at least 30 days prior to the date of the hearing.
b) The first hearing will be held within 55 days after receipt of the rule and is
reserved for the Agency’s testimony and questions of the Agency’s witnesses.
c) Within 7 days after the first hearing, any person may request a second hearing.
The request may be made on the record at the first hearing or in writing. If done
in writing it must be filed with the Board and served upon the service list.
38
d) A second hearing will be held to hear comments on Department of Commerce and
Economic Opportunity’s Community Affairs’ economic impact study of the
proposed rules.
At least 20 days before the hearing, the Board shall notify the
public of the hearing and make the economic impact study, or the Department of
Commerce and
Economic Opportunity’s
Community Affair’s explanation for not
producing an economic impact study, available to the public. Such public
hearing may be held simultaneously or as part of any Board hearing considering
such new rules
[415 ILCS 5/27(b)]. See also Section 102.414 of this Part. The
second hearing must also permit the
presentation of testimony, documents, and
comments by affected entities and all other interested persons.
[415 ILCS
5/28.5(g)]
e)
The third hearing shall be scheduled to commence within 14 days after the first
day of the second hearing and shall be devoted solely to any Agency response to
the material submitted at the second hearing and to any response by other parties
[415 ILCS 5/28.5(g)].
In order to cancel the third hearing, the Agency must state
on the record at hearing that it and the affected entities are in agreement or notify
the Board and the service list in writing.
f) In order to meet statutory deadlines, hearing dates may be chosen by the assigned
Board member and hearing officer without consultation with the participants.
CAAA hearings need only be held in one affected area of the State.
(Source: Amended at __ Ill. Reg. _________, effective____________)
SUBPART D: SERVICE AND FILING OF DOCUMENTS, MOTIONS, PRODUCTION OF
INFORMATION, SUBPOENAS, PREHEARING CONFERENCES, AND HEARINGS
Section 102.414 Hearings on the Economic Impact of New Proposals
a) In accordance with Section 27(b) of the Act, except as otherwise provided by
applicable law, before the adoption of any proposed rules,
the Board shall request
that the Department of Commerce and
Economic Opportunity
Community Affairs
conduct a study of the economic impact of the proposed rules. The Board shall
conduct at least one public hearing on the economic impact of those new rules
.
At least 20 days before the hearing, the Board shall notify the public of the
hearing and make the economic impact study, or the Department of Commerce
and
Economic Opportunity’s
Community Affair’s explanation for not producing
an economic impact study, available to the public. Such public hearing may be
held simultaneously or as a part of any Board hearing considering such new
rules. In adopting any such new rule, the Board shall, in its written opinion,
make a determination, based upon the evidence in the public hearing record,
including, but not limited to, the economic impact study, as to whether the
proposed rule has any adverse economic impact on the people of the State of
Illinois
[415 ILCS 5/27(b)].
39
b) If information of the economic impact of a proposed regulation is given at a
general hearing on the proposal, the Board need not hold a special hearing on only
the economic impact.
(Source: Amended at __ Ill. Reg. _________, effective____________)
SUBPART H: OUTSTANDING RESOURCE WATER DESIGNATION
Section 102.820 Petition Contents
Each proponent must set forth the following information in its proposal:
a) The language of the proposed rule, amendment, or repealer identifying the surface
water body or water body segment being proposed for designation, amendment,
or repeal as an ORW. Language being added must be indicated by underscoring,
and language being deleted must be indicated by strike-outs. The proposed rule
must be drafted in accordance with 1 Ill. Adm. Code 100.Subpart C;
b) A statement describing the specific surface water body or water body segment for
which the ORW designation, amendment, or repeal is requested and the present
designation of the surface water body or water body segment;
c) A statement describing the area in which the specific surface water body or water
body segment exists, including:
1) The existence of wetlands or natural areas;
2) The living organisms in that area, including endangered or threatened
species of plants, aquatic life or wildlife listed pursuant to the Endangered
Species Act 16 USC 1531 et seq. or the Illinois Endangered Species
Protection Act [41 ILCS 10];
d) A statement supporting the designation, the amendment, or the repeal, including
the health, environmental, recreational, aesthetic or economic benefits of the
designation, the amendment, or the repeal thereof;
e) A statement identifying the anticipated impact on economic and social
development of the ORW designation, amendment, or repeal. This statement
should include:
1) Impacts on the regional economy;
2) Impacts on regional employment;
3) Impacts on the community;
40
4) A comparison of the health and environmental impacts to the economic
impact of an ORW designation;
f) A statement describing the existing and anticipated uses of the specific surface
water body or water body segment for which the ORW designation, amendment,
or repeal is requested;
g) A statement describing the existing water quality of the specific surface water
body or water body segment warranting the ORW designation, amendment, or
repeal;
h) A synopsis of all testimony to be presented by the proponent at hearing;
i) Copies of any material to be incorporated by reference within the proposed
designation pursuant to Section 5-75 of the Administrative Procedure Act [5 ILCS
100/5-75];
j)
A descriptive title or other description of any published study or research report
used in developing the rule, the identify of the person who performed such study,
and a description of where the public may obtain a copy of any such study or
research report. If the study was performed by an agency or by a person or entity
that contracted with the agency for the performance of the study, the agency shall
also make copies of the underlying data available to members of the public upon
request if the data are not protected from disclosure under the Freedom of
Information Act.
5 ILCS 100/5-40(3.5).
kj) Proof of service upon all persons required to be served pursuant to Section
102.810 of this Part;
lk) Unless the proponent is the Agency or Illinois Department of Natural Resources
or receives a waiver by the Board, a petition signed by at least 200 persons,
pursuant to Section 28 of the Act and Section 102.160(a); and
ml) Where any information required by this Section is inapplicable or unavailable, a
complete justification for such inapplicability or unavailability.
(Source: Amended at __ Ill. Reg. _________, effective____________)
APPENDIX A Comparison of Former and Current Rules (Repealed)
The following table compares the former procedural rules (in effect on December 31, 2000) with
the current procedural rules (effective January 1, 2001).
FORMER PART 102 CURRENT SECTION
102.100 102.100
102.101 102.104
41
102.102 102.106
102.103 102.110
102.104 102.112
102.120 102.200
102.121 102.202
102.122 102.212
102.123 102.204
102.124 102.206
102.140 102.208
102.141 102.210
102.142 102.212
102.160 102.410
102.161 102.412
102.162 102.416
102.163 102.206
102.164 102.418
102.180 102.414
102.200 102.500
102.201 102.502
102.202 102.504
102.220 102.420
102.221 102.422
102.240 102.404
102.241 102.406
102.242 102.408
102.260 102.402
102.261 102.402
102.262 102.402
102.280 102.424
102.281 102.418
102.282 102.426
102.283 102.428
102.284 102.430
102.285 102.418
102.320 102.108
102.341 102.602
102.342 102.604
102.343 102.606
102.344 102.608
102.345 102.610
102.346 102.612
102.347 102.614
102.360 102.700
102.361 102.702
42
102.362 102.704
102.363 102.706
(Source: Repealed __ Ill. Reg. _________, effective____________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 103
ENFORCEMENT
SUBPART A: GENERAL PROVISIONS
Section
103.100 Applicability
103.102 Severability
103.104 Definitions
103.106 General
SUBPART B: COMPLAINT, REQUEST FOR INFORMAL AGENCY INVESTIGATION,
SERVICE, AND AUTHORIZATION OF HEARING
Section
103.200 Who May File
103.202 Parties
103.204 Notice, Complaint, and Answer
103.206 Adding Parties
103.208 Request for Informal Agency Investigation
103.210 Notice of Complaint
103.212 Hearing on Complaint
SUBPART C: SETTLEMENT PROCEDURE
Section
103.300 Request for Relief from Hearing Requirement in State Enforcement Proceeding
103.301 Request for Relief from Hearing Requirement in Citizen’s Enforcement
Proceeding
103.302 Contents of Proposed Stipulation and Settlement Agreement
103.304 Hearing on Proposed Stipulation and Settlement Agreement
103.306 Board Order on Proposed Stipulation and Settlement Agreement
SUBPART D: PROCEEDINGS INVOLVING RCRA PERMITS
Section
103.400 Purpose, Scope, and Applicability
43
103.402 Interim Order
103.404 Joinder of the Agency
103.406 Draft Permit or Statement
103.408 Stipulated Draft Remedy
103.410 Contents of Public Notice
103.412 Public Comment
103.414 Hearing
103.416 Contents of Board Order
SUBPART E: IMPOSITION OF PENALTIES
Section
103.500 Default
103.502 Civil Penalties
103.504 Civil Penalties Method of Payment
SUBPART F: ENFORCING BOARD ORDERS
Section
103.600 Civil Action
APPENDIX A Comparison of Former and Current Rules (Repealed)
AUTHORITY: Implementing Sections 5, 7.2, 13(c), 13.3, 17.5, 22.4(a), 22.4(d), 22.7(d), 27, 28,
28.2, 29, 30, 31, 41, and 42 of the Environmental Protection Act (Act) [415 ILCS 5/5, 7.2, 13(c),
13.3, 17.5, 22.4(a), 22.4(d), 22.7(d), 27, 28, 28.2, 29, 30, 31, 41, and 42] and authorized by
Sections 26 and 27 of the Act [415 ILCS 5/26 and 27].
SOURCE: Procedural rules adopted at 3 Ill. Reg. 23, p. 96, effective May 29, 1983; repealed by
operation of law effective October 1, 1984; new rules adopted at 9 Ill. Reg. 107, effective
December 21, 1984; old Part repealed, new Part adopted in R00-20 at 25 Ill. Reg.425, effective
January 1, 2001; amended in R04-24 at __ Ill. Reg. __________, effective ______.
SUBPART A: GENERAL PROVISIONS
Section 103.106 General
Enforcement proceedings may be initiated
against any person allegedly violating the this Act, or
any rule or regulation adopted under the Act, thereunder or any permit or term or condition of a
permit, or any Board order thereof
[415 ILCS 5/31(d)(1)]. Complaints filed by persons other
than the Attorney General or a State’s Attorney will be known as citizen’s complaints.
(Source: Amended at __ Ill. Reg. ______, effective ______________)
44
SUBPART B: COMPLAINT, REQUEST FOR INFORMAL AGENCY INVESTIGATION,
SERVICE, AND AUTHORIZATION OF HEARING
Section 103.212 Hearing on Complaint
a)
Any person may file with the Board a complaint against any person allegedly
violating the Act, or any rule or regulation adopted under the Act, thereunder or
any permit or term or condition of a permit, or any Board order thereof
. When
the Board receives a citizen’s complaint,
unless the Board determines that such
complaint is duplicative duplicitous or frivolous, it shall schedule a hearing.
[415
ILCS 5/31(d)(1)] The definition for duplicative duplicitous and frivolous can be
found at 35 Ill. Adm. Code 101.Subpart B.
b) Motions made by respondents alleging that a citizen’s complaint is duplicative
duplicitous or frivolous must be filed no later than 30 days following the date of
service of the complaint upon the respondent. Motions under this subsection may
be made only with respect to citizen’s enforcement proceedings. Timely filing
the motion will, pursuant to Section 103.204(e) of this Subpart, stay the 60 day
period for filing an answer to the complaint.
c) The Board will automatically set for hearing all complaints filed by the Attorney
General or a State’s Attorney on behalf of the People of the State of Illinois.
d) The Board in its discretion may hold a hearing on the violation and a separate
hearing on the remedy.
(Source: Amended at __ Ill. Reg. ______, effective ______________)
SUBPART C: SETTLEMENT PROCEDURE
Section 103.301 Request for Relief from Hearing Requirement in Citizen’s Enforcement
Proceeding
a)
Whenever a complaint has been filed by a person other than the Attorney General
or State’s Attorney, the parties may file with the Board a stipulation and proposed
settlement accompanied by a request for relief from the hearing requirement of
Section 31(c)(1) of the Act [415 ILCS 5/31(c)(1)]. [415 ILCS 5/31(d)(2)] The
stipulation and proposed settlement agreement must conform to the statement
required for settlement submissions at hearing in Section 103.302 of this Part.
b)
Unless the Board, in its discretion, concludes that a hearing should be held, no
hearing on the stipulation and proposal for settlement is required
. [415 ILCS
5/31(d)(2)]
(Source: Added at __ Ill. Reg. ______, effective ______________)
45
Section 103.302 Contents of Proposed Stipulation and Settlement Agreement
No proceeding pending before the Board will be disposed of or modified without an order of the
Board. A proposed stipulation and settlement agreement must contain a written statement,
signed by the parties or their authorized representatives, outlining the nature of, the reasons for,
and the purpose to be accomplished by the settlement. The written statement must include:
a) A full stipulation of all material facts pertaining to the nature, extent, and causes
of the alleged violations proposed to be settled;
b) The nature of the relevant parties’ operations and control equipment;
c)
Facts and circumstances bearing upon the reasonableness of the emissions,
discharges, or deposits involved, including:
1)
the character and degree of injury to, or interference with the protection
of the health, general welfare and physical property of the people
;
2)
the social and economic value of the pollution source;
3)
the suitability or unsuitability of the pollution source to the area in which
it is located, including the question of priority of location in the area
involved;
4)
the technical practicability and economic reasonableness of reducing or
eliminating the emissions, discharges or deposits resulting from such
pollution source; and
5)
any subsequent compliance.
[415 ILCS 5/33(c)]
d) Details as to future plans for compliance, including a description of additional
control measures and the dates for their implementation, if any; and
e) The proposed penalty, if any, supported by factors in mitigation or aggravation of
penalty, including the factors set forth in Section 42(h) of the Act [415 ILCS
5/42(h)].
(Source: Amended at __ Ill. Reg. ______, effective ______________)
Section 103.304 Hearing on Proposed Stipulation and Settlement Agreement
When the parties submit a proposed stipulation and settlement agreement to the hearing officer at
hearing, or when the Board orders that a hearing be held in accordance with Section 103.300(c)
or 103.301(b) of this Part, the hearing officer will conduct a hearing in which interested persons
may make statements with respect to the nature of the alleged violation and its impact on the
46
environment, together with their views on the proposed stipulation and settlement agreement.
The statements must be in accordance with 35 Ill. Adm. Code 101.628.
(Source: Amended at __ Ill. Reg. ______, effective ______________)
Section 103.306 Board Order on Proposed Stipulation and Settlement Agreement
a) The Board will consider the proposed settlement and stipulation agreement and
the hearing record, if any. The Board may accept, suggest revisions in, reject the
proposed settlement and stipulation agreement, or direct initial or further hearings
as it deems appropriate. Where a National Pollutant Discharge Elimination
System (NPDES) permit is involved in the settlement, notice of settlement must
be published in the Environmental Register at least 30 days prior to the
settlement.
b) If the Board determines that a settlement involves or may involve the issuance or
modification of a Resource Conservation Recovery Act (RCRA) permit, it will
enter an interim order pursuant to Section 103.402 of this Part.
(Source: Amended at __ Ill. Reg. ______, effective ______________)
SUBPART F: ENFORCING BOARD ORDERS
Section 103.600 Civil Action
a)
All orders issued and entered by the Board pursuant to Section 33 of the Act
[415
ILCS 5/33] in a State enforcement proceeding
are enforceable by injunction,
mandamus, or other appropriate remedy, in accordance with Section 42 of the
Act
[415 ILCS 5/42]. [415 ILCS 5/33(d)]
b)
A final order issued by the Board pursuant to Section 33 of the Act
[415 ILCS
5/33] in a citizen’s enforcement proceeding
may be enforced through a civil
action for injunctive or other relief instituted by a person who was a party to the
Board enforcement proceeding in which the Board issued the final order.
[415
ILCS 5/45(e)]
(Source: Added at __ Ill. Reg. ______, effective ______________)
APPENDIX A Comparison of Former and Current Rules (Repealed)
The following appendix compares the former procedural rules (in effect on December 31, 2000)
with the current procedural rules (effective January 1, 2001).
FORMER PART 103 CURRENT SECTION
103.101 102.100
103.120 103.200
47
103.121 103.202
103.122 103.204
103.123 101.204
103.124 103.212
103.125 101.600
101.602
103.140 101.Subpart E
103.141 101.406
101.408
103.206
103.142 101.502
101.510
103.161 101.616
103.162 101.618
103.163 101.622
103.180 103.Subpart C
103.200 101.610
103.204 101.626
103.206 101.630
103.207 101.632
103.208 101.626
103.209 101.624
103.220 103.500
101.608
103.221 101.604
103.224 103.416
103.Subpart H 101.Subpart I
103.Subpart I 103.Subpart D
(Source: Repealed at __ Ill. Reg. ______, effective ______________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 104
REGULATORY RELIEF MECHANISMS
SUBPART A: GENERAL PROVISIONS
Section
104.100 Applicability
104.102 Severability
104.104 Definitions
48
SUBPART B: VARIANCES
Section
104.200 General
104.202 Filing Requirements
104.204 Petition Content Requirements
104.206 Resource Conservation and Recovery Act (RCRA) Variance Petition Contents
104.208 Consistency with Federal Law
104.210 Petition for Extension of Variance
104.212 Motion for Modification of Internal Variance Compliance Dates
104.214 Agency’s Notice of Petition
104.216 Agency Investigation and Recommendation
104.218 Agency Recommendation to RCRA Variance
104.220 Response to Agency Recommendation
104.222 Stipulations
104.224 Objections to Petition, Written Comments and Request for Hearing
104.226 Amended Petition and Amended Recommendation
104.228 Insufficient Petition
104.230 Dismissal of Petition
104.232 Calculation of Decision Deadline
104.234 Hearing
104.236 Hearing Procedures
104.238 Standard of Review
104.240 Certificate of Acceptance
104.242 Term of Variance
104.244 Variance Conditions
104.246 Performance Bonds
104.248 Objection to Conditions
SUBPART C: PROVISIONAL VARIANCES
Section
104.300 Applicability
104.302 Agency Board Action
104.304 Initiating a Request
104.306 Filing and Notice
104.308 Term
104.310
Simultaneous Variance Prohibition
SUBPART D: ADJUSTED STANDARDS
Section
104.400 General
104.402 Initiation of Proceeding
104.404 Request to Agency to Join as Co-Petitioner
104.406 Petition Content Requirements
49
104.408 Petition Notice Requirements
104.410 Proof of Petition Notice Requirements
104.412 Effect of Filing a Petition: Stay
104.414 Dismissal of Petition
104.416 Agency Recommendation and Petitioner Response
104.418 Amended Petition, Amended Recommendation, and Amended Response
104.420 Request for Public Hearing
104.422 Public Hearing
104.424 Hearing Notice
104.426 Burden of Proof
104.428 Board Action
APPENDIX A Comparison of Former and Current Rules (Repealed)
AUTHORITY: Subparts B and C: Implementing Sections 5, 35, 36, 37 and 38 of the
Environmental Protection Act (Act) [415 ILCS 5/5, 35, 36, 37, and 38] and authorized by
Sections 26 and 27 of the Act [415 ILCS 5/26 and 27]. Subpart D: Implementing Sections 5,
14.2(c), 22.4, 27, 28, 28.1, 28.5 and 39.5 of the Act [415 ILCS 5/5, 14.2(c), 22.4, 27, 28, 28.1,
28.5, 26 and 39.5] and authorized by Sections 26 and 27 of the Act [415 ILCS 5/26 and 27].
SOURCE: Subpart B: Originally adopted as Chapter I: Procedural Rules, Part IV: Variances, in
R70-4, at 1 PCB 43, October 8, 1970; amended in R77-16, 29 PCB 503, at 2 Ill. Reg. 16, p. 3,
effective May, 1974, amended in R79-9, 35 PCB 433, at 3 Ill. Reg. 51, p. 128, effective
December 7, 1979; amended in R80-12, 40 PCB 451, at 5 Ill. Reg. 2763, effective March 2,
1981; codified at 6 Ill. Reg. 8357; amended in R84-10, 62 PCB 87, at 9 Ill. Reg. 1409, effective
January 16, 1985; old Part repealed, new Part adopted in R00-20 at 25 Ill. Reg. 613, effective
January 1, 2001; amended in R04-24 at __ Ill. Reg. _____, effective __________.
SUBPART A: GENERAL PROVISIONS
Section 104.100 Applicability
a) This Part applies to mechanisms for obtaining adjudicatory proceedings before the
Board that provide relief from environmental regulations under certain
circumstances as set forth in Titles VII and IX of the Act. Specifically, this Part
applies to regulatory relief mechanisms, meaning variances, provisional variances
and adjusted standards.
b) This Part must be read in conjunction with 35 Ill. Adm. Code 101, which contains
procedures generally applicable to all of the Board’s adjudicatory proceedings. In
the event of a conflict between the requirements of 35 Ill. Adm. Code 101 and
those of this Part, the provisions of this Part apply.
(Source: Amended at __ Ill. Reg. ______, effective ______________)
SUBPART C: PROVISIONAL VARIANCES
50
Section 104.300 Applicability
This Subpart applies to any person seeking a provisional variance from the Agency pursuant to
Title IX of the Act. This Subpart must be read in conjunction with 35 Ill. Adm. Code 101 and
this Part. In the event of conflict between this Subpart and the requirements of 35 Ill. Adm.
Code 101, the requirements of this Subpart apply.
(Source: Amended at __ Ill. Reg. ______, effective ______________)
Section 104.302 Agency Board Action
The Agency Board shall grant provisional variances whenever it is found, upon presentation of
adequate proof, only upon notification from the Agency that compliance on a short term basis
with any rule or regulation, requirement or order of the Board, or with any permit requirement,
would impose an arbitrary or unreasonable hardship. Such provisional variances shall be
issued within 2 working days of notification from the Agency
. [415 ILCS 5/35(b)]
(Source: Amended at __ Ill. Reg. ______, effective ______________)
Section 104.304 Initiating a Request
Any person seeking a provisional variance pursuant to
Section 35(b) of the Act 104.401 of this
Part
shall make a request to the Agency. The Agency shall promptly investigate and consider the
merits of the request. The Agency may notify the Board of its recommendation. If the Agency
fails to take final action within 30 days after receipt of the request for a provisional variance, or
if the Agency denies the request
or if the Agency denies the request,
the person may initiate
a
variance proceeding with the Board pursuant to Subpart B of this Part. [415 ILCS 5/37(b)]
(Source: Amended at __ Ill. Reg. ______, effective ______________)
Section 104.306 Filing and Notice
If the Agency grants a provisional variance, the Agency must promptly file a copy of its written
decision with the Board, and The Board shall give prompt notice of its action on provisional
variance requests to the public by issuing a press release for distribution to newspapers of
general circulation in the county
. The Clerk will
maintain for public inspection copies of all
provisional variances filed with the Board by the Agency
.
[415 ILCS 5/37(b)]
(Source: Amended at __ Ill. Reg. ______, effective ______________)
Section 104.308 Term
Any provisional variance granted by the Agency Board pursuant to subsection (b) of Section 35
shall be for a period of time not to exceed 45 days. A provisional variance may be extended
Upon receipt of a recommendation from the Agency to extend this time period, the Board shall
51
grant up to an additional 45 days by written decision of the Agency. The provisional variances
granted to any one person shall not exceed a total of 90 days during any calendar year
. [415
ILCS 5/36(c)]
(Source: Amended at __ Ill. Reg. ______, effective ______________)
Section 104.310
Simultaneous Variance Prohibition
The Board will not grant a provisional variance to the extent that the petitioner already holds a
variance from the same regulation or Board order for the same time period.
(Source: Repealed at __ Ill. Reg. ______, effective ______________)
APPENDIX A Comparison of Former and Current Rules (Repealed)
The following table compares the former procedural rules (in effect on December 31, 2000) with
the current procedural rules (effective January 1, 2001).
FORMER PART 104 CURRENT SECTION
104.102 104.200
104.104
104.206
104.120 104.202
104.121 104.204
104.122 104.208
104.123 104.210
104.124 104.234
104.236
104.125 104.228
104.230
104.126 104.206
104.140 104.214
104.141 104.224
104.142 104.214
104.160 104.228
104.234
104.236
104.232
104.230
104.180 104.216
104.181 104.220
104.182 104.218
104.183 104.224
104.200 104.236
104.201 104.238
101.Subpart F
52
104.221 104.238
(Source: Repealed at __ Ill. Reg. ______, effective ______________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 105
APPEALS OF FINAL DECISIONS OF STATE AGENCIES
SUBPART A: GENERAL PROVISIONS
Section
105.100 Applicability
105.102 Severability
105.104 Definitions
105.106 Computation of Time, Filing and Service Requirements
105.108 Dismissal of Petition
105.110 Hearing Process
105.112 Burden of Proof
105.114 Calculation of Decision Deadline
105.116 Record Filing
105.118 Sanctions for Untimely Filing of the Record
SUBPART B: APPEAL OF AGENCY PERMIT DECISIONS AND OTHER FINAL
DECISIONS OF THE AGENCY
Section
105.200 Applicability
105.202 Parties
105.204 Who May File a Petition for Review
105.206 Time to File the Petition or Request for Extension
105.208 Extension of Time to File a Petition for Review
105.210 Petition Content Requirements
105.212 Agency Record
105.214 Board Hearing
SUBPART C: CAAPP PERMIT APPEALS
105.300 Applicability
105.302 General Requirements
105.304 Petition Content Requirements
SUBPART D: APPEAL OF AGENCY LEAKING UNDERGROUND
STORAGE TANK (LUST) DECISIONS
53
Section
105.400 Parties
105.402 Who May File a Petition for Review
105.404 Time for Filing the Petition
105.406 Extension of Time to File a Petition for Review
105.408 Petition Content Requirements
105.410 Agency Record
105.412 Board Hearing
SUBPART E: APPEAL OF OSFM LUST DECISIONS
Section
105.500 Applicability
105.502 General Overview
105.504 General Requirements
105.506 Petition Content Requirements
105.508 OSFM Record and Appearance
105.510 Location of Hearing
APPENDIX A Agency LUST Final Decisions that are Reviewable
APPENDIX B Comparison of Former and Current Rules (Repealed)
AUTHORITY: Authorized by Sections 26 and 27 of the Environmental Protection Act (Act)
[415 ILCS 5/26 and 27] and implementing Sections 5, 39, 39.5, 40, 40.1, 40.2, and 57 of the Act
[415 ILCS 5/5, 39, 39.5, 40, 40.1, 40.2 and 57].
SOURCE: Filed with Secretary of State January 1, 1978; amended 4 Ill. Reg. 52, page 41,
effective December 11, 1980; codified 6 Ill. Reg. 8357; amended in R93-24 at 18 Ill. Reg. 4244,
effective March 8, 1994; amended in R94-11 at 18 Ill. Reg. 16594, effective November 1, 1994;
old Part repealed, new Part adopted in R00-20 at 25 Ill. Reg. 406, effective January 1, 2001;
amended in R04-24 at __ Ill. Reg. _____, effective ________.
SUBPART B: APPEAL OF AGENCY PERMIT DECISIONS AND OTHER FINAL
DECISIONS OF THE AGENCY
Section 105.214 Board Hearing
a) Except as provided in subsections (b), (c) and (d) of this Section, the Board will
conduct a public hearing, in accordance with 35 Ill. Adm. Code 101.Subpart F,
upon an appropriately filed petition for review under this Subpart. The hearing
will be based exclusively on the record before the Agency at the time the permit
or decision was issued, unless the parties agree to supplement the record pursuant
to Section 40(d) of the Act. If any party desires to introduce evidence before the
Board with respect to any disputed issue of fact, the Board will conduct a separate
hearing and receive evidence with respect to the issue of fact.
54
b) The Board will not hold a hearing on a petition for review under this Subpart if
the Board disposes of the petition on a motion for summary judgment brought
pursuant to 35 Ill. Adm. Code 101.516.
c) The Board will not hold a hearing on a petition for review under Section
105.204(c) of this Subpart if the Board determines that:
1) The petition is duplicitous duplicative or frivolous; or
2) The petitioner is so located as to not be affected by the permitted facility.
d) The Board will not hold a hearing on a petition for review under Section
105.204(b) or (d) of this Subpart if the Board determines that the petition is
duplicitous duplicative or frivolous.
d) If the Board determines to hold a hearing, the Clerk will give notice of the hearing
pursuant to 35 Ill. Adm. Code 101.602.
(Source: Amended at __ Ill. Reg. ______, effective ______________)
APPENDIX B Comparison of Former and Current Rules (Repealed)
The following table compares the former procedural rules (in effect on December 31, 2000) with
the current procedural rules (effective January 1, 2001).
FORMER PART 105 CURRENT SECTION
105.102 105.202
105.204
105.206
105.212
105.Subpart C
105.103 105.204
(Source: Repealed at __ Ill. Reg. ______, effective ______________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 106
PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS
SUBPART A: GENERAL PROVISIONS
Section
55
106.100 Applicability
106.102 Severability
106.104 Definitions
SUBPART B: HEATED EFFLUENT, ARTIFICIAL COOLING LAKE, AND SULFUR
DIOXIDE DEMONSTRATIONS
Section
106.200 General
106.202 Petition Requirements
106.204 Additional Petition Requirements in Sulfur Dioxide Demonstrations
106.206 Notice
106.208 Recommendation and Response
106.210 Burden of Proof
SUBPART C: WATER WELL SETBACK EXCEPTION PROCEDURES
Section
106.300 General
106.302 Initiation of Proceeding
106.304 Petition Content Requirements
106.306 Response and Reply
106.308 Hearing
106.310 Burden of Proof
SUBPART D: REVOCATION AND REOPENING OF
CLEAN AIR ACT PERMIT PROGRAM (CAAPP) PERMITS
Section
106.400 General
106.402 Definitions
106.404 Initiation of Proceedings
106.406 Petition Content Requirements
106.408 Response and Reply
106.410 Hearing
106.412 Burden of Proof
106.414 Opinion and Order
106.416 USEPA Review of Proposed Determination
SUBPART E: MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY
DETERMINATIONS
Section
106.500 General
106.502 Definitions
106.504 Initiation of Proceedings
56
106.506 Petition Content Requirements
106.508 Response and Reply
106.510 Hearing
106.512 Burden of Proof
106.514 Board Action
SUBPART F: CULPABILITY DETERMINATIONS FOR PARTICULATE MATTER LESS
THAN OR EQUAL TO 10 MICRONS (PM-10)
Section
106.600 General
106.602 Initiation of Proceedings
106.604 Petition Content Requirements
106.606 Response and Reply
106.608 Hearing
106.610 Burden of Proof
SUBPART G: INVOLUNTARY TERMINATION OF ENVIRONMENTAL MANAGEMENT
SYSTEM AGREEMENTS (EMSAs)
Section
106.700 Purpose
106.702 Applicability
106.704 Termination Under Section 52.3-4(b) of the Act
106.706 Who May Initiate, Parties
106.707 Notice, Statement of Deficiency, Answer
106.708 Service
106.710 Notice of Hearing
106.712 Deficient Performance
106.714 Board Decision
106.716 Burden of Proof
106.718 Motions, Responses
106.720 Intervention
106.722 Continuances
106.724 Discovery, Admissions
106.726 Subpoenas
106.728 Settlement Procedure
106.730 Authority of Hearing Officer, Board Members, and Board Assistants
106.732 Order and Conduct of Hearing
106.734 Evidentiary Matters
106.736 Post-Hearing Procedures
106.738 Motion After Entry of Final Order
106.740 Relief from Final Orders
APPENDIX A Comparison of Former and Current Rules (Repealed)
57
AUTHORITY: Implementing and authorized by Sections 5, 14.2(c), 22.4, 26, 27, 28, 28.1, 28.5,
35, 36, 37, 38, 39.5 and 52.3 of the Environmental Protection Act (the Act) [415 ILCS 5/5,
14.2(c), 22.4, 26, 27, 28, 28.1, 28.5, 35, 36, 37, 38, 39.5 and 52.3].
SOURCE: Subpart B: Originally adopted as Chapter I: Procedural Rules, Part IV: Variances, in
R70-4, at 1 PCB 43, October 8, 1970; amended in R77-16, 29 PCB 503, at 2 Ill. Reg. 16, p. 3,
effective May 1978, amended in R79-9, 35 PCB 433, at 3 Ill. Reg. 51, p. 128, effective
December 7, 1979; amended in R80-12, 40 PCB 451, at 5 Ill. Reg. 2763, effective March 2,
1981; codified at 6 Ill. Reg. 8357; amended in R84-10, 62 PCB 87, at 9 Ill. Reg. 1409, effective
January 16, 1985; old Part repealed, new Part adopted in R00-20 at 25 Ill. Reg. 550, effective
January 1, 2001; amended in R04-24 at __ Ill. Reg. _____, effective ______ .
SUBPART G: INVOLUNTARY TERMINATION OF ENVIRONMENTAL MANAGEMENT
SYSTEM AGREEMENTS (EMSAs)
Section 106.702 Applicability
a) When the Agency terminates an EMSA under Section 52.3-4(b) or (b-5) of the
Act, only Section 106.704 of this Subpart applies.
b) This Subpart, except for Section 106.704, applies to proceedings in which the
Board will determine whether to terminate an EMSA.
(Source: Amended at __ Ill. Reg. ______, effective ______________)
Section 106.704 Termination Under Section 52.3-4(b) or (b-5) of the Act
a) To terminate an EMSA under Section 52.3-4(b) of the Act, the Agency must
determine that the sponsor’s performance under the EMSA has failed to:
1)
Achieve emissions reductions or reductions in discharges of wastes
beyond the otherwise applicable statutory and regulatory requirements
through pollution prevention or other suitable means; or
2)
Achieve real environmental risk reduction or foster environmental
compliance by other persons regulated under the Act in a manner that is
clearly superior to the existing regulatory system.
[415 ILCS 5/52.3-1(b)]
b) To terminate an EMSA under Section 52.3-4(b-5) of the Act, the Agency must
determine that the sponsor’s
participation in the Federal Performance Track
Program has ceased.
[415 ILCS 5/52.3-4(b-5)]
cb) If the Agency terminates an EMSA under Section 52.3-4(b) or (b-5) of the Act,
the sponsor may file an appeal with the Board. Appeals to the Board will be
pursuant to 35 Ill. Adm. Code 105.Subparts A and B.
58
(Source: Amended at __ Ill. Reg. ______, effective ______________)
APPENDIX A Comparison of Former and Current Rules (Repealed)
The following table compares the former procedural rules (in effect on December 31, 2000) with
the current procedural rules (effective January 1, 2001).
FORMER PART 106 CURRENT SECTION
106.101 106.200
106.102 106.202
106.103 106.200
106.104 106.208
106.201 106.202
106.202 101.602
106.200
106.210
106.301 106.202
106.204
106.302 106.202
106.303 106.200
106.304 106.208
106.305 101.602
106.200
106.210
106.411 104.402
106.412 104.404
106.413 104.406
106.414 104.416
106.415 104.422
104.424
106.416 104.428
106.501 104.400
106.502 104.402
106.503 104.404
106.504 104.406
106.505 104.416
106.506 104.422
104.424
106.507 104.428
106.601 106.300
106.602 106.302
106.304
106.603 106.306
106.604 106.308
106.701 104.400
59
106.702 104.104
106.703 104.402
106.704 104.404
106.705 104.406
106.708 106.100
106.306
106.709 106.100
101.Subpart E
106.710 106.100
101.304
106.711 104.408
106.712 104.410
106.713 104.420
106.714 104.416
106.715 104.418
106.801 104.422
106.802 104.424
106.803 104.400
106.804 101.616
104.100
106.805 101.626
104.100
104.400
106.807 104.400
106.808 104.426
106.902 104.414
106.903 104.426
104.428
106.904 104.428
106.906 104.428
106.907 104.412
106.910 106.400
106.911 104.104
106.912 106.400
106.404
106.406
106.913 106.408
106.914 106.410
106.412
106.915 106.414
106.916 106.416
106.920 106.500
106.921 106.502
106.922 106.504
60
106.506
106.923 106.508
106.924 106.510
106.512
106.925 106.514
106.930 106.600
106.931 106.600
106.602
106.604
106.932 106.606
106.933 106.608
106.610
106.940 106.700
106.702
106.942 101.202
106.944 106.102
106.945
106.704
106.946 106.706
106.948 106.707
106.950 106.708
106.952 106.710
106.954 106.712
106.956 106.714
106.958 106.716
106.960 106.718
106.962 106.720
106.964 106.722
106.966 106.724
106.968 106.726
106.970 106.728
106.972 106.730
106.974 106.732
106.976 106.734
106.978 106.736
106.980 106.738
106.982 106.740
(Source: Repealed at __ Ill. Reg. ______, effective ______________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER 1: POLLUTION CONTROL BOARD
PART 107
PETITION TO REVIEW POLLUTION CONTROL FACILITY SITING DECISIONS
61
SUBPART A: GENERAL PROVISIONS
Section
107.100 Applicability
107.102 Severability
107.104 Definitions
107.106 Description
SUBPART B: PETITION FOR REVIEW
Section
107.200 Who May File Petition
107.202 Parties
107.204 Time for Filing Petition
107.206 Filing and Service Requirements
107.208 Petition Content Requirements
SUBPART C: FILING OF LOCAL RECORD
Section
107.300 Record
107.302 Filing of the Record
107.304 Record Contents
107.306 Preparing of the Record
107.308 Certification of Record
SUBPART D: HEARING
Section
107.400 General
107.402 Authority and Duties of Hearing Officer
107.404 Public Participation
SUBPART E: BOARD REVIEW AND DECISION
Section
107.500 Preliminary Board Determination/Set for Hearing
107.502 Dismissal of Petition
107.504 Decision Deadline
107.506 Burden of Proof
APPENDIX A Comparison of Former and Current Rules (Repealed)
62
AUTHORITY: Authorized by Sections 26 and 27 of the Environmental Protection Act (Act)
[415 ILCS 5/26 and 27] and implementing Sections 39.2, and 40.1 of the Act [415 ILCS 5/39.2
and 40.1].
SOURCE: Filed with Secretary of State January 1, 1978; amended at 4 Ill. Reg. 2, p. 186,
effective December 27, 1979; codified at 6 Ill. Reg. 8357; amended in R85-22 at 10 Ill. Reg.
992, effective February 2, 1986; amended in R86-46 at 11 Ill. Reg. 13457, effective August 4,
1987; amended in R82-1 at 12 Ill. Reg. 12484, effective July 13, 1988; amended in R88-10 at 12
Ill. Reg. 12817, effective July 21, 1988; amended in R88-5(A) at 13 Ill. Reg. 12094, effective
July 10, 1989; amended in R88-5(B) at 14 Ill. Reg. 9442, effective June 5, 1990; amended in
R93-24 at 18 Ill. Reg. 4230, effective March 8, 1994; amended in R93-30 at 18 Ill. Reg. 11579,
effective July 11, 1994; amended in R99-9 at 23 Ill. Reg. 2697, effective February 16, 1999; old
part repealed, new Part adopted in R00-20 at 25 Ill. Reg.539, effective January 1, 2001; amended
in R04-24 at __ Ill. Reg. _____, effective ________.
SUBPART E: BOARD REVIEW AND DECISION
Section 107.500 Preliminary Board Determination/Set for Hearing
Upon proper filing of the petition, the Board will set the matter for hearing unless it determines
that the matter is frivolous or duplicitous duplicative as required by Section 40.1(b) of the Act.
(Source: Amended at __ Ill. Reg. ______, effective ______________)
APPENDIX A Comparison of Former and Current Rules (Repealed)
The following table compares the former procedural rules (in effect on December 31, 2000) with
the current procedural rules (effective January 1, 2001).
FORMER PART 107 CURRENT SECTION
107.100 105.500
107.101 105.102
107.102 105.502
107.103 105.104
107.120 105.504(a)
107.121 105.504(b)
107.122 105.506
107.123 105.504(c)
107.124 105.508
107.Subpart C 105.108
107.Subpart D 105.510
107.Subpart E 105.100(b)
101.Subpart F
107.Subpart F 105.100(b)
101.Subpart F
63
107.Subpart G 105.100
101.Subpart E
107.Subpart H 105.100
101.Subpart F
107.Subpart I
105.100
101.Subpart F
107.Subpart K 105.100
101.Subpart F
107.320 105.100
101.Subpart H
107.Subpart M 105.100
101.Subpart I
107.Subpart N 105.100
101.Subpart I
(Source: Repealed at __ Ill. Reg. ______, effective ______________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 108
ADMINISTRATIVE CITATIONS
SUBPART A: GENERAL PROVISIONS
Section
108.100 Applicability
108.102 Severability
108.104 Definitions
SUBPART B: ISSUANCE OF THE CITATION AND PETITION TO CONTEST
Section
108.200 Administrative Citation Issuance
108.202 Service of Citation/Filing of Citation with the Board
108.204 Filing Requirements for Petition to Contest
108.206 Petition Contents
108.208 AC Recipient’s Voluntary Withdrawal
SUBPART C: HEARINGS
Section
108.300 Authorization of Hearing
SUBPART D: BOARD DECISIONS
Section
64
108.400 Burden of Proof
108.402 Dismissal
108.404 Default
108.406 Non-Contested Citations
SUBPART E: ASSESSMENT OF PENALTIES AND COSTS
Section
108.500 Penalties and Costs
108.502 Claimed Costs of Agency or Delegated Unit
108.504 Board Costs
108.506 Response to Claimed Costs and Reply
AUTHORITY: Authorized by Sections 26 and 27 of the Environmental Protection Act (Act)
[415 ILCS 5/26 and 27] and implementing Sections 21(o), 21(p), 31.1, and 42(b)(4) of the Act
[415 ILCS 5/21(o), 21(p), 31.1, and 42(b)(4)].
SOURCE: Adopted in R00-20 at Ill. Reg. 397, effective January 1, 2001; amended in R04-24 at
__ Ill. Reg. _____, effective ________.
SUBPART E: ASSESSMENT OF PENALTIES AND COSTS
Section 108.500 Penalties and Costs
The Board will impose penalties and assess costs as follows:
a) If the AC is defaulted or non-contested as set forth in Sections 108.404 or 108.406
of this Part, respectively, the Board will do the following:
1) Impose on the AC Recipient found to have violated any provision of
Section 21(o) of the Act a $500 penalty for each violation of each such
provision; and
2) Impose on the AC Recipient found to have violated any provision of
Section 21(p) of the Act a $1,500 penalty for each violation of each such
provision, except that the penalty amount imposed will be a first offense
and a $3,000 penalty for each violation of any provision of Section 21(p)
of the Act that is the AC recipient’s a second or subsequent adjudicated
violation of that provision offense.
b) If the AC Recipient contests the AC and the Board finds, based on the record, that
the violation occurred and that the AC Recipient has not shown that the violation
resulted from uncontrollable circumstances, the Board will do the following:
1) Impose on the AC Recipient found to have violated any provision of
Section 21(o) of the Act a $500 penalty for each violation of each such
provision;
65
2) Impose on the AC Recipient found to have violated any provision of
Section 21(p) of the Act a $1,500 penalty for each violation of each such
provision, except that the penalty amount imposed will be a first offense
and a $3,000 penalty for each violation of any provision of Section 21(p)
of the Act that is the AC recipient’s a second or subsequent adjudicated
violation of that provision offense; and
3) Assess the AC Recipient found to have violated any provision of Section
21(o) or (p) of the Act associated hearing costs pursuant to Sections
108.502 and 108.504 of this Subpart.
c) If the AC Recipient contests the AC but voluntarily withdraws the petition for
review pursuant to Section 108.208 of this Part after the hearing starts, the Board
will do the following:
1) Impose on the AC Recipient found to have violated any provision of
Section 21(o) of the Act a $500 penalty for each violation of each such
provision;
2) Impose on the AC Recipient found to have violated any provision of
Section 21(p) of the Act a $1,500 penalty for each violation of each such
provision, except that the penalty amount imposed will be a first offense
and a $3,000 penalty for each violation of any provision of Section 21(p)
of the Act that is the AC recipient’s a second or subsequent adjudicated
violation of that provision offense; and
3) Assess the AC Recipient found to have violated any provision of Section
21(o) or (p) of the Act associated hearing costs pursuant to Sections
108.502 and 108.504 of this Subpart.
(Source: Amended at __ Ill. Reg. ______, effective ______________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 125
TAX CERTIFICATIONS
SUBPART A: GENERAL PROVISIONS
Section
125.100 Applicability
125.102 Severability
125.104 Definitions
66
SUBPART B: TAX CERTIFICATION OF POLLUTION CONTROL FACILITIES AND LOW
SULFUR DIOXIDE EMISSION COAL FUELED DEVICES
Section
125.200 General
125.202 Tax Certification Application
125.204 Agency Recommendation
125.206 Petition to Contest
125.208 Agency Record
125.210 Public Hearing
125.212 Hearing Notice
125.214 Burden of Proof
125.216 Board Action
AUTHORITY: Implementing and authorized by Sections 11-5, 11-10, 11-20, 11-25, 11-30, 11-
35, 11-40, 11-50, and 11-55 of the Property Tax Code [35 ILCS 200/11-5, 11-10, 11-20, 11-25,
11-30, 11-35, 11-40, 11-50, and 11-55] and Sections 26 and 27 of the Environmental Protection
Act (the Act) [415 ILCS 5/26 and 27].
SOURCE: Adopted in R00-20 at 25 Ill. Reg. 642, effective January 1, 2001; amended in R04-24
at __ Ill. Reg. _____, effective ________.
SUBPART B: TAX CERTIFICATION OF POLLUTION CONTROL FACILITIES AND LOW
SULFUR DIOXIDE EMISSION COAL FUELED DEVICES
Section 125.216 Board Action
a) Pollution Control Facilities.
If it is found that the claimed facility or relevant
portion thereof is a pollution control facility as defined in
Section 125.200(a)(1)
of this Part,
the Board shall enter a finding and issue a certificate to that effect.
The certificate shall require tax treatment as a pollution control facility, but only
for the portion certified if only a portion is certified. The effective date of a
certificate shall be the date of
the application petition
for the certificate or the
date of the constructiony, whichever is later.
[35 ILCS 200/11-25]
b) Low Sulfur Dioxide Emission Coal Fueled Devices.
If it is found that the claimed
device meets the definition
of low sulfur dioxide emission coal fueled device as
set forth in Section 125.200(b)(1) of this Part,
the Board shall enter a finding and
issue a certificate that requires tax treatment as a low sulfur dioxide emission
coal fueled device. The effective date of a certificate shall be on January 1
preceding the date of certification or preceding the date construction or
installation of the device commences, whichever is later.
[35 ILCS 200/11-55]
c) After notice to the holder of the certificate and an opportunity for a hearing
pursuant to this Subpart,
the Board may on its own initiative revoke or modify a
67
pollution control certificate or a low sulfur dioxide emission coal fueled device
certificate whenever any of the following appears:
1)
The certificate was obtained by fraud or misrepresentation;
2)
The holder of the certificate has failed substantially to proceed with the
construction, reconstruction, installation, or acquisition of pollution
control facilities or a low sulfur dioxide emission coal fueled device; or
3)
The pollution control facility to which the certificate relates has ceased to
be used for the primary purpose of pollution control and is being used for
a different purpose.
[35 ILCS 200/11-30]
d) The Clerk will provide the applicant and the Agency with a copy of the Board’s
order setting forth
the Board’s findings and certificate, if any
[35 ILCS 200/11-
30].
(Source: Amended at __ Ill. Reg. ______, effective ______________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 130
IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-
DISCLOSABLE INFORMATION
SUBPART A: GENERAL PROVISIONS
Section
130.100 Purpose and Applicability
130.102 Additional Procedures
130.104 Definitions and Severability
130.106 Segregation of Articles
130.108 Disposal of Articles
130.110 Articles Containing Emission Data
SUBPART B: PROCEDURES FOR IDENTIFYING ARTICLES THAT REPRESENT TRADE
SECRETS
Section
130.200 Initiation of a Claim that an Article Represents a Trade Secret
130.201 State Agency Request for Justification of Claims
130.202 Time Limit for Delayed Submission of Justification
130.203 Contents of Statement of Justification
130.204 Waiver of Statutory Deadlines
68
130.206 Deadline for State Agency Trade Secret Determination
130.208 Standards for State Agency Determination
130.210 State Agency Actions Following a Negative Determination
130.212 State Agency Actions Following a Positive Determination
130.214 Review of State Agency Trade Secret Determination
130.216 Effect of a Determination of Trade Secret Status on Other State Agencies
130.218 Status of Article Determined or Claimed to Represent a Trade Secret Before
January 1, 2001
130.220 Extension of Deadlines to Participate in Proceedings
SUBPART C: PROCEDURES FOR PROTECTING ARTICLES THAT REPRESENT TRADE
SECRETS
Section
130.300 Applicability
130.302 Owner’s Responsibility to Mark Article
130.304 State Agency’s Responsibility to Mark Article
130.306 Transmission of Article Between State Agencies
130.308 Public Access to Information Related to Article
130.310 Access to Claimed or Determined Article
130.312 Unauthorized Disclosure or Use of Article
130.314 Limitation on Copying Article
SUBPART D: NON-DISCLOSABLE INFORMATION OTHER THAN TRADE SECRETS
Section
130.400 General
130.402 Who May View Non-Disclosable Information
130.404 Application for Non-Disclosure
130.406 Public Inspection
130.408 Board Order
APPENDIX A Comparison of Former and Current Rules (Repealed)
AUTHORITY: Implementing Sections 7 and 7.1 of the Environmental Protection Act (Act)
[415 ILCS 5/7 and 7.1] and authorized by Sections 7, 7.1, 26, and 27 of the Act [415 ILCS 5/7,
7.1, 26, 27].
SOURCE: Subparts A, B, and C originally adopted in R81-30 at 7 Ill. Reg. 16149, effective
November 23, 1983. Subpart D originally adopted in R88-5(A) at 13 Ill. Reg. 12055, effective
July 10, 1989; old Part repealed, new Part adopted in R00-20 at 25 Ill. Reg. 516, effective
January 1, 2001; amended in R04-24 at __ Ill. Reg. _____, effective _________.
SUBPART A: GENERAL PROVISIONS
Section 130.110 Articles Containing Emission Data
69
a)
All emission data reported to or otherwise obtained by the Illinois Environmental
Protection Agency, the Board, or DNR in connection with any examination,
inspection or proceeding under the Act shall be available to the public to the
extent required by the federal Clean Air Act Amendments of 1977 (P.L. 95-95) as
amended
[415 ILCS 5/7(c)].
b) For purposes of this Section, “emission data” means:
1) The identity, amount, frequency, concentration, or other characteristics
(related to air quality) of any contaminant that:
A) Has been emitted from an emission unit;
B) Results from any emission by the emission unit;
C) Under an applicable standard or limitation, the emission unit was
authorized to emit; or
D) Is a combination of any of the items described in subsection
(b)(1)(A), (B), or (C) of this Section.
2) The name, address (or description of the location), and the nature of the
emission unit necessary to identify the emission unit, including a
description of the device, equipment, or operation constituting the
emission unit.
c) In addition to subsection (b) of this Section, information necessary to determine
or calculate emission data, including rate of operation, rate of production, rate of
raw material usage, or material balance, will be deemed to represent emission data
for the purposes of this Section if the information is contained in a permit to
ensure that the permit is practically enforceable.
(Source: Amended at __ Ill. Reg. ______, effective ______________)
APPENDIX A Comparison of Former and Current Rules (Repealed)
The following table compares the former procedural rules (in effect on December 31, 2000) with
the current procedural rules (effective January 1, 2001).
FORMER PART 120 CURRENT SECTION
120.101 130.100
120.102 130.100
120.103 101.200
101.202
130.104
70
120.201 130.200
120.202 130.203
120.203 130.204
120.215 130.201
120.220 130.202
120.225 130.206
120.230 130.208
120.240 130.210
120.245 130.212
120.250 130.214
120.260 130.216
120.265 130.218
120.270 130.220
120.301
130.300
120.305 130.302
120.310 130.304
120.315 130.306
120.320 130.106
120.325 130.308
120.330 130.310
120.340 130.310
120.350 130.312
120.360 130.108
120.401 130.102
(Source: Repealed at __ Ill. Reg. ______, effective ______________)
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on March 18, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
