ILLINOIS POLLUTION CONTROL BOARD

PROCEDURAL BACKGROUND
DISCUSSION
Statutory Changes
Procedural Rule Changes
Updating Information About the Board
CONCLUSION
ORDER

July 20, 2006

IN THE MATTER OF:

AMENDMENTS TO THE BOARD’S

ADMINISTRATIVE RULES: 2 ILL. ADM.

CODE 2175

)

R04-9

(Rulemaking - Procedural)

Adopted Rule. Final Order.

OPINION AND ORDER OF THE BOARD (by T.E. Johnson):

Today the Board adopts amendments to its administrative rules at Part 2175 of Title 2 of

the Illinois Administrative Code. The administrative rules, last amended in 1996, describe the

Board’s organization, the types of Board proceedings, how to pay filing and copying fees, and

how the public may access information. Amendments to these rules are needed primarily to: (1)

codify statutory changes affecting the Board; (2) reference the Board’s overhauled procedural

rules (35 Ill. Adm. Code 101-130); and (3) update information about the Board, including how

filings with the Board may be viewed, downloaded, and searched on-line through the Board’s

Web-based Clerk’s Office On-Line (COOL).

In this opinion, the Board first provides the procedural background for this rulemaking.

The Board then discusses the main changes being made to the administrative rules. The rule

amendments themselves are set forth in the order following this opinion.

PROCEDURAL BACKGROUND

The Board opened this docket, R04-9, in August 2003. An important objective in doing

so was to have the 2 Ill. Adm. Code 2175 administrative rules reflect detailed Board procedural

rules on electronic filing that were pending at the time.

See

Amendments to the Board’s

Administrative Rules: 2 Ill. Adm. Code 2175, R04-9 (Aug. 21, 2003). To ensure the

effectiveness of filing through COOL, however, the Board undertook a pilot test of its electronic

filing system, postponing completion of the electronic filing rulemaking, R04-8, Amendments to

the Board’s Procedural Rules: 35 Ill. Adm. Code 101-130.

The Board remains committed to electronic filing in accordance with the Electronic

Commerce Security Act (5 ILCS 175 (2004)) and to the adoption of related procedural rules. To

that end, the Board is now considering the impact of the United States Environmental Protection

Agency’s recent Cross-Media Electronic Reporting Rule, 40 C.F.R. 3 (eff. Jan. 11, 2006).

However, because there are numerous important items besides electronic filing that should be

codified in the Board’s administrative rules, the Board has chosen to proceed with those

amendments today. The Board is adopting these amendments to Part 2175 as final rules under

Section 5-15 of the Illinois Administrative Procedure Act (5 ILCS 100/5-15 (2004)).

See

1 Ill.

Adm. Code 100.800, 100.810. When electronic filing procedural rules are adopted, the Board

will revisit the Part 2175 rules and reference appropriate aspects of electronic filing, including

the payment of filing fees on-line by credit or debit card.

DISCUSSION

As noted, the Part 2175 rules were last amended in 1996. Since then, there have been

many changes at the Board. Three significant areas of updating are now needed. With today’s

amendments, the administrative rules reflect: (1) statutory changes affecting the Board; (2)

Board procedural rule changes; and (3) various developments at the Board, such as the public

availability of COOL as an “electronic file cabinet” on the Board’s Web site.

Statutory Changes

Over the last several years, amendments to the Environmental Protection Act (Act) (415

ILCS 5 (2004)) and the Open Meetings Act (5 ILCS 120 (2004)) have impacted the Board. For

example, Public Act 93-509 (eff. Aug. 11, 2003) amended the Act, reducing the number of

Board Members from seven to five. 415 ILCS 5/5(a). This, in turn, lowered the number of

affirmative votes needed for Board action from four to three. These statutory changes are

reflected in today’s amendments at Sections 2175.105(b) (Board membership) and 2175.120(b)

(approval of majority of members required for Board decisions).

Public Act 93-523 (eff. Jan. 1, 2004) amended the Open Meetings Act to require that

public bodies keep a “verbatim record of all their closed meetings in the form of an audio or

video recording.” 5 ILCS 120/2.06(a). The Board complies with this new requirement by audio-

taping its closed deliberative sessions, held pursuant to Section 2(c)(4) of the Open Meetings Act

(5 ILCS 120/2(c)(4) (2004)). Verbatim recording is now covered in Section 2175.135 of the

Board’s administrative rules.

Other new provisions of the Open Meetings Act, brought about by Public Act 94-28 (eff.

Jan. 1, 2006), impose Web site posting requirements on certain public bodies. Under Section

2.02 of the Open Meetings Act (5 ILCS 120/2.02), a public body with a Web site maintained by

a full-time staff must post its regular meeting agendas and annual meeting schedule on its Web

site. Under Section 2.06(b) of the Open Meetings Act (5 ILCS 120/2.06(b)), such a public body

must also post the regular open meeting minutes of the public body on the Web site within seven

days after approving the minutes. The Board has full-time staff dedicated to its Web site

maintenance. The Board addresses the new Web site posting requirements in Sections 2175.125,

2175.130, and 2175.135 of the administrative rules.

Procedural Rule Changes

The Board adopted an entirely new set of procedural rules in 2000, repealing its then-

current procedural rules and replacing them and all Board procedural resolutions.

See

Revision

of the Board’s Procedural Rules: 35 Ill. Adm. Code 101-130, R00-20 (Dec. 21, 2000). The new

procedural rules took effect January 1, 2001, and consist of ten parts within Title 35 of the

Illinois Administrative Code (35 Ill. Adm. Code 101-108, 125, 130). The Board’s procedural

rules govern how persons initiate and participate in all proceedings before the Board.

The Board developed the new procedural rules to more efficiently and effectively

implement the Act and other laws and to make it easier for the public to participate in Board

proceedings. For example, besides reorganizing the rules, the Board for the first time codified

procedural requirements specific to administrative citations, tax certifications, pollution control

facility siting appeals, and third-party National Pollutant Discharge Elimination System permit

appeals.

See

35 Ill. Adm. Code 105.Subpart B, 107, 108, and 125. Today the Board cross-

references the new procedural rules in the administrative rules. The Board also adds to the

administrative rules descriptions of various Board proceedings that had been lacking, such as of

Clean Air Act “Fast-Track” rulemaking.

See

e.g.

, Sections 2175.550, 2175.555, and 2175.600.

Updating Information About the Board

When the Board last amended its administrative rules, the Board’s Web site was in its

infancy. Since 1996, the Board’s Web site (www.ipcb.state.il.us)

has made great advances,

including the creation of COOL. As the updated administrative rules now describe:

COOL is the Board’s searchable electronic docketing system for rulemakings and

adjudicatory cases, containing Board opinions and orders, hearing transcripts, and

participant and party filings, all of which may be viewed, searched, and

downloaded.

See

Section 2175.310(a)(10).

For example, persons may search for information within COOL by docket number, party name,

or key words. This information may be downloaded free of any Board charge. Of course, the

Board also continues to meet its obligations under the Freedom Of Information Act (5 ILCS 140

(2004)) and make paper records available for inspection and copying at the Clerk’s Office.

Other developments at the Board, reflected in these amendments, are as basic as noting a

new address for the Board’s Springfield office.

See

Section 2175.115(c). For larger document

requests, the Board may provide the information electronically on a compact disk.

See

Section

2175.205(a)(4). In addition, the Board’s organizational chart has been updated.

See

Section

2175.Appendix A.

The Board also takes this opportunity to better describe its open meeting and closed

deliberative session processes.

See

Sections 2175.120 – 2175.135. The Board now conducts

many of its open meetings by videoconference between Chicago and Springfield locations. This

practice reduces travel expenses and allows the public to attend a Board meeting at both

locations.

See

Section 2175.125(d). The Board recognizes that Senate Bill 585 to amend the

Open Meetings Act is awaiting the Governor’s signature. That legislation would require open

meeting quorums to be present physically or by videoconference, and would restrict telephonic

attendance by public body members at such meetings. In anticipation of these statutory changes,

but also primarily to reflect current Board practice, the Board is amending its administrative

rules now regarding the ways in which Board members may attend open meetings. Generally,

Board members attend such meetings physically or by videoconference. Only in limited

circumstances, such as personal illness or family emergency, may a Board member attend an

open meeting telephonically.

See

Section 2175.120(d).

CONCLUSION

The Board today amends its administrative rules at 35 Ill. Adm. Code 2175. Since the

rules were last amended, there have been numerous changes to the Board’s organization,

practices, and procedures. Most significantly, these administrative rule amendments reflect

important statutory and procedural rule developments over the last several years and update

essential information about the Board, including how the public may access adjudicatory and

regulatory filings through COOL on the Board’s Web site.

ORDER

The Board directs the Clerk of the Board to file the following final rule amendments with

the Secretary of State for publication in the

Illinois Register

TITLE 2: GOVERNMENTAL ORGANIZATION

SUBTITLE E: MISCELLANEOUS STATE AGENCIES

CHAPTER XXVIII: POLLUTION CONTROL BOARD

PART 2175

ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS

SUBPART A: INTRODUCTION AND ORGANIZATION

Section

2175.100

Summary and Purpose

2175.105

Board Membership

2175.110

Organization and Supervisory Relationships

2175.115

Location of Offices

2175.120

Board Meetings

2175.125

Public Notice of Open

Board Meetings and Closed Deliberative Sessions

2175.130

Agenda of Open

Board Meetings and Closed Deliberative Sessions

2175.135

Minutes of Open

Board Meetings; Minutes and Verbatim Record of Closed

Deliberative Sessions

2175.140

Accessibility of Open Board Meetings and Hearings

SUBPART B: FEES AND FORMS OF PAYMENT

Section

2175.200

Filing Fees

2175.205

Photocopying

Copying Fees

2175.210

Photocopying Copying Procedures

2175.215

Forms of Payment

2175.220

Other Fees/Costs

SUBPART C: PUBLIC INFORMATION

Section

2175.300

Files Open to Reasonable Public Inspection

2175.305

Publications

2175.310

Board’s Home Page on World Wide Web Internet Board Web Site

2175.315

Documents Available from the Clerk's Office

2175.320

Requests For Information

SUBPART D: ACCESS TO BOARD RULES

Section

2175.400

Access to Board Rules in the Illinois Administrative Code

SUBPART E: RULEMAKING

Section

2175.500

Proposals

2175.505

Initial Hearing

2175.510

First Notice

2175.515

Second Notice

2175.520

Adopted Rules

2175.525

Emergency Rules

2175.530

Peremptory Rules

2175.535

Rules Identical-In-Substance to Adoption of Federal Regulations

2175.540

Federally Required Rules

2175.545

Generally Applicable Rules and Site-Specific Rules

2175.550

Clean Air Act Fast-Track Rulemaking

2175.555

Updating Incorporations By Reference

SUBPART F: ADJUDICATORY PROCEEDINGS

Section

2175.600

Adjudicatory Proceedings

2175.APPENDIX A: ORGANIZATIONAL CHART

AUTHORITY: Implementing Section 5-15 of the Illinois Administrative Procedure Act [5 ILCS

100/5-15] and authorized by Section 5 of the Illinois

Environmental Protection Act [415 ILCS

5/5].

SOURCE: Administrative 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; Part repealed, new Part adopted at 20 Ill. Reg. 107, effective

March 5, 1996; amended in R04-9 at 30 Ill. Reg. ___________, effective ____________.

SUBPART A: INTRODUCTION AND ORGANIZATION

Section 2175.100

Summary and & Purpose

As required by Section 5-15 of the Illinois Administrative Procedure Act (IAPA) [5 ILCS 100/5-

15] and Section 140/4 of the Freedom of Information Act (FOIA) [5 ILCS 140/4], this Part sets

forth the administrative rules that which apply to the Illinois Pollution Control Board (Board).

These rules are intended to generally explain what the Board is, how the Board is organized and

operates, and how the public can get information from the Board. These rules do not explain,

and are not intended to explain, the Board’s procedural requirements for processing rulemakings

and adjudicatory cases. Those procedural rules are found at 35 Ill. Adm. Code 101-120130. If

there is a conflict between the Board’s procedural rules (35 Ill. Adm. Code 101-130) and this

Part, the procedural rules will control.

(Source: Amended at 30 Ill. Reg. _________, effective _____________)

Section 2175.105

Board Membership

The Board was created pursuant to Section 5 of the Illinois Environmental

Protection Act (Act) [415 ILCS 5/5]. The Board is a quasi-legislative and quasi-

judicial administrative agency responsible for adopting environmental regulations

and deciding certain environmental disputes and cases brought pursuant to the

Illinois Environmental Protection Act. The Board determines, defines, and

implements environmental control standards in accordance with the Illinois

Environmental Protection Act.

The Board is comprised of five seven technically qualified members. The

members are appointed by the Governor with the advice and consent of the

Senate, for a term of three years.

The Governor designates one member to serve as Chairman. The Chairman

serves at the pleasure of the Governor and is responsible for the administration of

the Board.

Pursuant to Section 3.1 of the Executive Reorganization Implementation Act [15

ILCS 15/3.1], the Board is an agency of State government that is

created by law

with the primary responsibility of exercising regulatory or adjudicatory functions

independently of the Governor.

As such, the Board is excluded from the term

“

Agency directly responsible to the Governor

” or “

agency

” as defined in the

Executive Reorganization Implementation Act [15 ILCS 15/3.1].

(Source: Amended at 30 Ill. Reg. ___________, effective __________)

Section 2175.110

Organization and Supervisory Relationships

Each member of the Board is aided by a confidential assistant who may be an

attorney or who may have an advanced technical degree, and a personal secretary.

The Chairman may have two confidential assistants and a personal secretary.

In order tTo carry out its functions, the Board is comprised of the following

offices and units: Clerk’s Office, Legal Unit, Hearings Unit, Technical Unit, and

Fiscal Unit. The function of each is as follows:

Clerk’s Office. This Ooffice is responsible for the processing,

maintenance, and distribution of all regulatory and adjudicatory case-

related materials of the Board. The Clerk’s Office is located in Chicago.

Legal Unit. This unit is responsible for general legal functions of the

Board and case or rule-related legal responsibilities, as designated by the

Chairman. Under the direction of the Senior Attorney, this unit also

consists of attorneys responsible for conducting Board adjudicatory

hearings throughout the State, making such rulings as may be necessary at

hearing, and generally managing the Board’s adjudicatory caseload.

Technical Unit. This unit is comprised of environmental specialists

responsible for gathering such technical and scientific data as may be

required by the Board in the performance of its duties and for advising the

Board on technical issues related to pending adjudicatory cases and

rulemakings, as assigned by the Chairman.

HearingHearings Unit. Under the direction of a Chief Hearing Officer,

this unit is comprised of attorneys responsible for conducting Board

hearings throughout the State, making such rulings as may be necessary at

hearing, and generally managing the Board’s adjudicatory caseload.

45)

Fiscal Unit

Under the direction of a Fiscal Officer, this unit is

responsible for budgeting, expenditures, procurement, computer

operations, and related duties.

The Board may also employ employs other professional staff to carry out its

functions and mandates, including but not limited to

an Executive Coordinator, a

Public Information Affairs Coordinator, a Human Resources ManagerServices

Coordinator, and a Legislative and Governmental Affairs Coordinator, an

Information Systems Analyst, and a Rulemaking Coordinator.

Organizational relationships are shown in the organizational chart in Appendix A

at the end of this Part. Detailed descriptions of the specific responsibilities and

duties of each of the job titles are maintained in the Board’s Springfield or

Chicago office.

(Source: Amended at 30 Ill. Reg. _________, effective _____________)

Section 2175.115

Location of Offices

The Board maintains two central offices, one in Chicago and one in Springfield.

The Board may also maintain satellite offices in various regions of the State.

The Clerk’s Office is located in the Chicago Ooffice. The address and general

telephone number of the Chicago office is:

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph St.

Suite 11-500

Chicago, Illinois 60601

(312)-814-3620

(312) 814-3669 (Fax)

The Office of the Chairman, the Fiscal unit, and the Legislative/Government

Affairs Coordinator are located in the Springfield office. The address and general

telephone number of the Springfield office is:

Illinois Pollution Control Board

1021 North Grand Ave. East

600 South Second Street

Suite 402

Springfield, Illinois 62702 62704

(217)-524-8500

(217) 524-8508 (Fax)

The Board maintains satellite offices in the following locations:

Illinois Pollution Control Board

110 South State Street

Jerseyville, Illinois 62052

(618) 498-9802

(618) 498-5934

(Fax)

Illinois Pollution Control Board

148 North Third Street

P.O. Box 505

DeKalb, Illinois 60115

(815) 753-1904

(815) 753-1970

(Fax)

(Source: Amended at 30 Ill. Reg. _________, effective _____________)

Section

2175.120

Board Meetings

The Board makes all decisions on adjudicatory cases and regulatory matters at

open meetings of the Board noticed and held in accordance with the Open

Meetings Act [5 ILCS 120/1 et seq]. The Board may also hold meetings that are

closed to the public meetings pursuant to Section 2(c) 120/2(a) of the Open

Meetings Act [5 ILCS 120/2(c) (a)], including closed deliberative sessions under

Section 2(c)(4) of the Open Meetings Act [5 ILCS 120/2(c)(4)]. The Board

regularly holds closed deliberative sessions (see Sections 2175.125 and 2175.130

of this Part).

Open Board Mmeetings may be held when a quorum of Board members,

constituted by four members of the Board, is present.

If there is no vacancy on

the Board, four members of the Board constitute a quorum; otherwise, a majority

of the Board constitutes a quorum, and no vacancy impairs the right of the

remaining members to exercise all of the powers of the Board. Every action

approved by a majority of the members of the Board constitutes the action of the

Board

[415 ILCS 5/5(a)]. Four affirmative votes are required for any final

determinations of the Board, except in a proceeding to remove a seal under

Section 34(d) of the Illinois Environmental Protection Act [415 ILCS 5/34(d)].

The Board may hold a closed meeting upon a majority vote of a quorum present

taken at an open meeting for which notice has been given as required by the Open

Meetings Act [5 ILCS 120/2a]. Closed meetings may be held when a majority of

a quorum is present [5 ILCS 120/1.02].

dc)

Board members may attend meetings in the following ways:

Meetings, whether open or closed, may be held with Board members

physically present physically or by videoconference. Closed meetings

may also be held with Board members or present telephonically.

If a quorum of Board members is present physically or by

videoconference at an open meeting, a majority of the Board may allow a

Board member to attend the meeting telephonically if the member cannot

otherwise attend because of personal illness or disability, the business of

the Board, or a family or other emergency. In such instances, the Board

member who wishes to attend telephonically will notify the Clerk of the

Board before the meeting unless advance notice is impractical.

ed)

Section 5 of the Illinois Environmental Protection Act requires the Board to hold

at least one open meeting each month and allows the Board to hold special and

emergency meetings [415 ILCS 5/5]. The Chairman or two Board mMembers

may call a special or emergency

meeting of the Board that is open to the public.

(Source: Amended at 30 Ill. Reg. _________, effective _____________)

Section 2175.125

Public Notice of Open Board Meetings and Closed Deliberative Sessions

Public Notice of Regular Open Board Meetings and Closed Deliberative Sessions.

The Board adopts annual schedules of open meetings and closed

deliberative sessions. Regular open Board meetings are generally held

twice a month, usually every first and third Thursday of the month at the

James R. Thompson Center (JRTC) (JTRC) in Chicago or at the Board’s

Springfield office, but dates, times and locations are subject to change.

Regular closed deliberative sessions are generally held twice a month,

usually every second and fourth Thursday of the month at the JRTC in

Chicago or at the Board’s Springfield office, but dates, times and locations

are subject to change.

Notification of these regular open Board meetings is given in the Board’s

Environmental Register

, a monthly publication available in hard copy and

on the Board’s Web site Home Page (see Section 2175.310 of this Part).

Notification of all regular open Board meetings and closed deliberative

sessions is also provided posted pursuant to Sections 2.02 and 2.03 of the

Open Meetings Act [5 ILCS 120/2.02 and 2.03].

At least 48 hours before each regular open Board meeting and

closed deliberative session, an agenda for the meeting or session is

posted at the Board’s Chicago office and at any other location

where the meeting or session is to be held. Each such agenda is

also posted on the Board’s Web site and remains so posted at least

until the regular meeting or session is concluded.

Notification of the annual schedule of regular open Board meetings

and closed deliberative sessions is given at the beginning of each

fiscal year by posting a copy of the schedule at the Board’s

Chicago office. In addition, the annual schedule is posted on the

Board’s Web site and remains so posted at least until a new public

notice of the schedule of regular meetings and sessions is

approved. The schedule of regular open Board meetings also

appears at the end of every regular open Board meeting agenda.

Teleconferencing. The Board attempts to hold one meeting every quarter via

teleconferencing equipment, with hook-ups in, at least, Chicago and Springfield.

Both locations are open to the public.

bc)

Public Notice of Special or Emergency Meetings.

Whether a special or emergency meeting is an open Board meeting or a

closed deliberative session, notice Notice of a special or emergency

meeting will generally be given to all Board members and the public at

least 48 hours prior to the meeting. The notice will include a copy of the

agenda and will comply with the Open Meetings Act. If, however, a

majority of the Board certifies that an emergency exists and exigencies of

time are such that the 48-hour notice must be dispensed with, a special

meeting may be called by the Chairman or two Board Members merely by

posting notice in the Board’s offices and giving notice to the public of an

emergency meeting will be given as soon as is reasonably far in advance

as is practicable, but prior to the holding of such meeting.

Notice of a special or emergency meeting will include a copy of the

meeting agenda and will be posted at the Board’s Chicago office, at any

other location where the meeting is to be held, and on the Board’s Web

site (see Section 2175.310 of this Part), pursuant to Section 2.02 of the

Open Meetings Act [5 ILCS 120/2.02].

Notwithstanding subsections (b)(1) and (2) of this Section, at any open

Board meeting for which notice has been given as required by the Open

Meetings Act, the Board may, without additional notice under Section

2.02 of the Open Meetings Act [5 ILCS 120/2.02], hold a special or

emergency closed deliberative session. Only topics specified in the vote

to close the meeting may be considered during the closed deliberative

session [5 ILCS 120/2a] (see Section 2175.120(c) of this Part).

cd)

Notice to Media. The Board gives notice of regular, special, or emergency

meetings, whether the meeting is an open Board meeting or a closed deliberative

session, to any news medium that which has filed an annual request for such

notice under Section 2.02(b) of the Open Meetings Act ([5 ILCS 120/2.02(b))].

Videoconference and Teleconference. Whether the meeting is a regular, special,

or emergency meeting, the Board may hold its open meetings and closed

deliberative sessions by videoconference between Chicago and Springfield

locations. Such open Board meetings may be attended by the public at both

locations. A Board member may attend an open Board meeting telephonically

only in accordance with Section 2175.120(d)(2) of this Part. The Board may hold

its closed deliberative sessions by teleconference.

(Source: Amended at 30 Ill. Reg. _________, effective _____________)

Section 2175.130

Agenda of Open Board Meetings and Closed Deliberative Sessions

The Board maintains an agenda for each of its open Board meetings and closed

deliberative sessions in accordance with Section 2.02 of the Open Meetings Act [5

ILCS 120/2.02]. Open

Board meeting agendas contain the list of rulemakings,

adjudicatory

cases, and motions that may be decided by the Board at that meeting.

Closed deliberative session agendas contain the list of rulemakings, adjudicatory

cases, and motions on which the Board may deliberate at that session. Agendas

and

are posted at the Board’s Chicago offices, at any other location where the

meeting or session is to be held, and on the Board’s Home Page Web site (see

Section 2175.310 of this Part).

The Board does not generally place any item on the an open Board meeting

agenda that has been filed less than two full days before the a scheduled Board

meeting.

The Board may also issue an addendum to the agenda of an open Board meeting

or closed deliberative session and, as provided for in Section 2.02(a) of the Open

Meetings Act [5 ILCS 120/2.02(a)], may consider items not specifically set forth

on the agenda.

(Source: Amended at 30 Ill. Reg. ________, effective _____________)

Section 2175.135

Minutes of Open Board Meetings; Minutes and Verbatim Record of

Closed Deliberative Sessions

The Board will keep minutes of all open Board meetings in accordance with

Section 2.06(a) of the Open Meetings Act [5 ILCS 120/2.06(a)]. Minutes of all

such meetings subject to the Open Meetings Act will shall be available to the

public at the Clerk’s Office and or on the Board’s Home Page Web site (see

Section 2175.310 of this Part02) within seven days of approval of the minutes.

The minutes will remain posted on the Board’s Web site for at least 60 days after

their initial posting [5 ILCS 120/2.06(b)]. The minutes will include the time, date,

and place of the meeting, the items decided and the numeric decision vote, the

Board members recorded as present or absent, and whether the members were

present physically, by videoconference, or telephonically.

The Board will keep minutes of all its closed deliberative sessions in accordance

with Section 2.06(a) of the Open Meetings Act [5 ILCS 120/2.06(a)]. Minutes of

all such sessions will be available to the public only as provided in Sections

2.06(d) and (f) of the Open Meetings Act [5 ILCS 120/2.06(d) and (f)]. The

minutes will include the time, date, and place of the session, the items on which

the Board deliberated, the Board members recorded as present or absent, and

whether the members were present physically, by videoconference, or

telephonically.

The Board will keep a verbatim record of all its closed deliberative sessions in the

form of an audio or video recording in accordance with Section 2.06(a) of the

Open Meetings Act [5 ILCS 120/2.06(a)]. Verbatim recordings of all such

sessions will be available to the public only as provided in Sections 2.06(c) and

(e) of the Open Meetings Act [5 ILCS 120/2.06(c) and (e)].

(Source: Amended at 30 Ill. Reg. ________, effective _____________)

Section 2175.140

Accessibility of Open

Board Meetings and Hearings

In compliance with the Americans with Disabilities Act and other applicable federal and State

laws, the Board will make every effort to hold public meetings and hearings in facilities that

which are accessible to people with disabilities. Persons requiring such services should contact

Dorothy Gunn, Clerk of the Board, at 100 W. Randolph Street, Suite 11-500, Chicago, Illinois

60601 or at 312/814-3620 or gunnd@ipcb.state.il.us within at least five (5) days prior to a Board

meeting or hearing.

(Source: Amended at 30 Ill. Reg. ________, effective _____________)

SUBPART B: FEES AND FORMS OF PAYMENT

Section 2175.200

Filing Fees

A person filing an action for which a filing fee is prescribed by Section 7.5 of the

Illinois Environmental Protection Act [415 ILCS 5/7.5] must shall pay that fee at

the time the petition is presented to the Clerk for filing.

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:

Petition for Site-Specific Regulation, $75;

Petition for Variance, $75;

Petition for Review of Illinois Environmental Protection Agency (Agency)

Permit Decision, Underground Storage Tank (UST) Decision, or any other

final appeal determination pursuant to Section 40 of the Illinois

Environmental Protection Act [415 ILCS 5/40], $75;

Petition to Contest Local Government Pollution Control Facility Siting

Decision, pursuant to Section 40.1 of the Illinois Environmental

Protection Act [415 ILCS 5/40.1], $75; and

Petition for Adjusted Standard, pursuant to Section 28.1 of the Illinois

Environmental Protection Act [415 ILCS 5/28.1], $75.

The Clerk will refuse to file any petition which

that is not accompanied by the

required fee. The fee must be paid in the form specified in Section 2175.215 of

these rules this Part.

(Source: Amended at 30 Ill. Reg. _________, effective _____________)

Section 2175.205

Photocopying

Copying Fees

Most All files, records, and data are available on the Board’s Web site (see

Section 2175.310 of this Part), where they may be viewed, searched, and

downloaded free of charge. Copies may also be made may be copied at the Board

offices in Chicago upon payment of reasonable reproduction fees [415 ILCS 5/7]

as follows:

1a)

A hard copy of a single opinion and order will be furnished on request

without cost, irrespective of length, with any the dissenting and/or

concurring opinion(s). Hard Ccopies of multiple opinions and orders cost

75 cents per page.

2b)

Hard copies of Hhearing Ttranscripts cost 75 cents per page.

3c)

Hard copies of Aall other documents cost 75 cents per page.

State agencies are, upon request, provided copies of opinions and orders

and transcripts free of charge.

When reasonably practicable, materials may be provided electronically in

the form of a diskette or compact disk. The fee for such material will be

based on actual costs incurred by the Board.

State agencies are, upon request, provided a hard copy of opinions and orders and

transcripts free of charge.

Fees will be waived or reduced if:

The requestor is a constitutional officer or a member of the General

Assembly; or

The requestor states the specific purpose for the request and indicates that

a waiver of the fee is in the public interest. Waiver of the fee is in the

public interest if the principal purpose of the request is to access and

disseminate information regarding the health, safety, and welfare or the

legal rights of the general public and is not for the purpose of personal or

commercial benefit

[5 ILCS 140/6(b)].

No fee will be charged to inspect records. Inspection of records can only take

place in Chicago at the Clerk's Office.

(Source: Amended at 30 Ill. Reg. _________, effective _____________)

Section 2175.210

Photocopying Copying Procedures

All files, records, and data may be copied at the Board’s offices in Chicago office

upon payment., except for information exempted pursuant to Section 7 of FOIA

[5 ILCS 140/7]. (See Section 2175.300 of this Part.) [415 ILCS 5/7.]

The Board will contract for any copying that would impose a substantial

administrative burden on the Board. The person requesting such copies will be

charged the reproduction charges incurred by the Board.

Requests for copies will be honored in as timely a manner as is reasonably

practicable possible. Requests to receive for copies by mail will be honored.

However, the Board reserves the right to charge the requesting party for the

mailing costs incurred by the Board.

(Source: Amended at 30 Ill. Reg. ____________, effective __________)

Section 2175.215

Forms of Of Payment

Any amount over $10 must be paid by check or money order made payable to the

Illinois Pollution Control Board, except as provided in subsection (b) of this

Section. A State agency may use an Office of the Comptroller voucher to remit

payment for filing fees and photocopy charges.

Filing fees may be paid in the form of a check or money order made payable to

the Illinois Pollution Control Board, or cash, but cash payment is discouraged. A

State agency may use an Office of the Comptroller voucher to remit payment for

filing fees (see Section 2175.200 of this Part) and copy fees (see Section 2175.205

of this Part).

cb)

If In the event that a check for filing fees, paid pursuant to Section 7.5 of the

Illinois Environmental Protection Act is not honored by petitioner's bank, the

Fiscal Officer may require that payment be made within 48 hours by certified

check or money order. Failure to make payment may subject petitioner

the

parties to sanctions , including penalties as provided for in the Board’s procedural

rules. (See 35 Ill. Adm. Code 101.800-120.)

dc)

If In the event that a check for photocopying fees charges is not honored by the

remitter’s bank, the Fiscal Officer may require that payment be made within 48

hours by certified check or money order. The Fiscal Officer may also require that

photocopy fees be paid only by certified check or money orders prior to the

conveyance of material for any entity

firm or individual who remits to the Board a

check that

which subsequently is not honored by the remitter’s bank.

(Source: Amended at 30 Ill. Reg. _________, effective _____________)

Section 2175.220

Other Fees/Costs

The Board may, in its procedural rules (see 35 Ill. Adm. Code 101-120 130), provide for the

payment of certain types of its costs where appropriate.

(Source: Amended at 30 Ill. Reg. _________, effective _____________)

SUBPART C: PUBLIC INFORMATION

Section 2175.300

Files Open to Reasonable Inspection

The Clerk will maintain files containing all information submitted to or produced

by the Board or any of its members relating to matters within the Board's

jurisdiction. Without limiting the foregoing, tThe files will include: pleadings,

motions, notices, minutes, transcripts, exhibits, orders and opinions, proposed and

adopted regulations, the

Environmental Register

and other Board releases,

business records, and informal complaints.

Pursuant to Section 1 of the Illinois State Records Act, the Clerk will shall

maintain for five (5) years, all documents submitted by the parties in rulemaking

and adjudicatory cases and participants in rulemakings [5 ILCS 160/1]. After five

(5) years, the documents will shall be microfilmed and the microfilm will shall be

maintained by the Board. Documents microfilmed for the Board’s record are

subject to destruction unless the parties or participants request that the documents

be returned at the closure of the five-(5) year period. Over-sized exhibits which

that are not capable of being microfilmed will be returned to the parties or

participants at their request or destroyed.

All files, records, and data, other than personnel files, are maintained by the

Clerk's Office and are available from the Clerk of the Board, in the Board’s

Chicago office only. Most of these materials are also available through the

Board’s Web site (see Section 2175.310 of this Part), where they may be viewed,

searched, and downloaded. Such types of material include but are not limited to:

Documents filed within

an adjudicatory case or rulemaking, including, but

not limited to appearances, pleadings, exhibits, motions, transcripts of

hearings, and public comments;

Opinions and

& Oorders of the Board;

Copies of dDocuments

published by the Board for use by the general

public, such as the

Environmental Register

The files, records, and data of the Board are open to reasonable public inspection

and copying in the Board’s Chicago office, except for information exempted

pursuant to Section 7 of FOIA

the Freedom of Information Act [5 ILCS 140/7],

including but not limited to, information thatwhich constitutes a trade secret;

information privileged against introduction in judicial proceedings; internal

communication between or among the Board and/or staff; draft orders and

opinions and orders; and technical unit memoranda.

The Board has adopted procedural rules at 35 Ill. Adm. Code 120 130 to establish

the procedures to be taken by any person to obtain trade secret protection for trade

secrets and other non-disclosable information as described in Section 7 of the

Illinois Environmental Protection Act [415 ILCS 5/7]. (See 35 Ill. Adm. Code

101-120 130.)

(Source: Amended at 30 Ill. Reg. _________, effective _____________)

Section 2175.305

Publications

Environmental Register

The Board’s monthly publication, the will publish an

Environmental

Register,

containing contains reports of the Board’s activities and notices

of meetings and hearings. Single hard copies are provided free of charge

at the Board’s Chicago and Springfield Ooffices.

A yearly hard copy subscription may be purchased, at a cost of $20 to

defray defer reproduction and distribution charges, by contacting the

Board’s Chicago office. Government entities and not-for-profit

organizations properly categorized as such under the Internal Revenue

Code may request a free hard copy subscription to the

Environmental

Register

. Proof of organizational status is required.

The

Environmental Register

is provided free of charge on the Board’s

Home Page Web site (see as described at Section 2175.310 of this Part).

Opinions, Orders, Regulations

Copies of opinions and orders of the Board are available upon request as

provided at Section 2175.205(a)

of this Part, including through the

Board’s Web site (see Section 2175.310 of this Part).

The Board’s opinions and orders are also available through various

commercial services including LEXIS and Westlaw.

The Board’s regulations are published in the

Illinois Register

(see Section

2175.305(d) of this Part) and by various commercial services. They are

also published periodically by the Agency by subtitle and are available in

hard copy as quantities permit free of charge from the Board’s Chicago

office. Additionally, the Board maintains on its Web site the text of the

Board’s regulations set forth in Title 35 of the Illinois Administrative

Code.

Annual Report

The Board publishes an Annual Report of the Chairman. The report

includes information regarding the Board’s membership, regulatory and

case activities for the fiscal year, a summary of legislative activity

affecting the Board, a summary of Board decisions reviewed by the courts

during the fiscal year, and information on administrative activities.

When completed and printed, the Annual Report is available in hard copy

free of charge in reasonable quantities from the Board’s Chicago and

Springfield Ooffices. The Annual Report is also available free of charge

from the Board’s Web site (see Section 2175.310 of this Part).

Illinois Register

Required Filings. The

Illinois Register

is a publication containing all state

State regulations and is published by and available from the Office of the

Secretary of State and various commercial services. The Board is required

to publish the following information in the

Illinois Register

Notice of all proposed and adopted regulations as required by

Section 5-40 of the IAPA [5 ILCS 100/5-40]. The notices describe

the rules, contain contact names for questions, and provide

directions for participation at public hearings and submission of

written comments.

Notice of all emergency and peremptory regulations as required by

Sections 5-45 and 5-5046 of the IAPAIllinois Administrative

Procedure Act [5 ILCS 100/5-45 and 5/5046]. The notices

describe the rules and contain contact names for questions.

Results of Board determinations in adjusted standards proceedings

pursuant to Section 28.1 of the Illinois Environmental Protection

Act [415 ILCS 5/28.1]. The Board publishes this list at the close

of each fiscal year, in July or August depending upon the

Illinois

Register

publication schedule.

A regulatory agenda which sets setting forth rules that which the

Board may be considering during a six-month period. This agenda

lists is to list rules before in advance of publication of the notice

described in subsection (d)(1) of this Section. The regulatory

agenda appears in January/February or July/August of each year,

depending upon the

Illinois Register

publication schedule. The

agenda describes the anticipated rules, contains contact names for

questions, and provides directions for public participation.

Discretionary filings. Section 7.3 of the Illinois Environment Protection

Act [415 ILCS 5/7.3] and Section 5-70(b) of the IAPA Illinois

Administrative Procedure Act [5 ILCS 100/5-70(b)15] allow the Board to

publish other documents concerning its activities. These include, but are

not limited to, notices of public hearings, and notices of proposed and

adopted identical-in-substance rules as discussed in Section 7.2 of the

Illinois Environmental Protection Act [415 ILCS 5/7.2].

(Source: Amended at 30 Ill. Reg. _________, effective _____________)

Section 2175.310

Board’s Home Page on World Wide Web Internet Board Web Site

The Board maintains a Home Page on the World Wide Web of the Internet. The

information on the Home Page is continuously updated. The Board’s Home Page

Web site with information that includes, but is not limited to, the following

information:

Board Members’ Profiles and a Citizen’s Guide to the Board;

Environmental Register

;

Open Board Meeting and Closed Deliberative Session Dates and Agendas;

Procedural Rules in Title 35 of the Illinois Administrative Code;

Administrative Rules in Title 2 of the Illinois Administrative Code;

Annual Reports;

Summary of Pending Rulemakings;

Summary of Recent Legislation Affecting the Board;

Open Board Meeting Minutes;

10)

The Clerk’s Office On-Line (COOL); COOL is the Board’s searchable

electronic docketing system for rulemakings and adjudicatory cases,

containing Board opinions and orders, hearing transcripts, and participant

and party filings, all of which may be viewed, searched, and downloaded;

11)

Environmental Regulations in Title 35 of the Illinois Administrative Code;

12)

The Act [415 ILCS 5]; and

13)

Formal and informal complaint forms.

The information on the Board’s Home Page Web site can be downloaded free of

Board charges. The Home

Page Web site can be accessed through the Internet

using any commercially available on-line service. The Home Page

Web site can

be accessed directly at via the following electronic address:

http://www.state.il.us/pcb/pcbhpage.htm

http://www.ipcb.state.il.us

The Board’s Web site Home Page can also be accessed through the State of

Illinois Home Page

Web site (under the “Agencies” option) at the following

electronic address:

http://www.state.il.us/ http://www.illinois.gov/government/agency.cfm

(Source: Amended at 30 Ill. Reg. _________, effective _____________)

Section 2175.315

Documents Prepared by the Clerk's Office

Various documents are routinely prepared by and for the Clerk's oOffice for internal use by the

Board and are also available for inspection and copying. These include, but are not limited to,

docket sheets, listings of adjudicatory cases and rulemakings by type and status tracking sheets.

Hard Ccopies will be available within five (5) working days of a request at a cost of $5.00 per

page.

(Source: Amended at 30 Ill. Reg. ________, effective _____________)

Section 2175.320

Requests for Information

Informal requests for information may be made to any Board office. Informal

requests will be filled promptly upon receipt of the request. However, where a

request for information maintained by the Clerk's Office is made at a Board office

other than the Chicago office, some delay may be necessary to allow for the

Clerk's oOffice to provide the material. Inspection of documents can only take

place at the Clerk's Office.

A formal request for information pursuant to the Freedom of Information Act

(FOIA) must shall state that it is a formal request pursuant to FOIA. The formal

request must shall be addressed to the Clerk of the Board, who willshall date-

stamp the request upon receipt. All formal requests will be processed pursuant to

the timeframe time frame requirements set forth in FOIA. The FOIA requires an

initial response to the request be made within seven (7) working days of receipt of

the formal request, subject to extension.

Any person whose formal request is denied by the Clerk may appeal such

denial by filing a written notice of appeal addressed to the Chairman of the

Board. The notice of appeal shall

must include a copy of the formal

request, the Clerk’s denial letter, and a statement of why the person

believes the denial was improper. The Chairman will determine in writing

whether the Clerk’s denial was proper or improper, and will notify the

person within seven (7) working days after receipt of the notice.

If the Chairman affirms the denial or fails to take action within seven (7)

working days, the person may file suit in circuit court for injunctive or

declaratory relief pursuant to Section 11 of the FOIA [5 ILCS 140/11].

(Source: Amended at 30 Ill. Reg. ________, effective _____________)

SUBPART D: ACCESS TO BOARD RULES

Section 2175.400

Access to Board Rules in the Illinois Administrative Code

All Board rules have been codified under Title 35 of the Illinois Administrative

Code since October, 1983. Each general area of regulation has been assigned a

particular Subtitle as set out below:

SUBTITLE

SUBJECT MATTER

Procedural Rules

Air Rules

Water Rules

Mine Rules

Livestock Waste

Public Water Supplies

Waste Disposal

Noise Rules

Nuclear Radiation

Biological Materials

The Subtitles listed in subsection (a) of this Section, above, also include some

rules of the Environmental Protection Agency and the Department of Natural

Resources. The Board's rules appear at Chapter I of each of the Subtitles.

(Source: Amended at 30 Ill. Reg. ________, effective _____________)

SUBPART E: RULEMAKING

Section 2175.500

Proposals

Rulemaking procedures are set out in the Board’s procedural rules at 35 Ill. Adm.

Code 102.

The Act provides for five types of rulemakings:

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] (see 35 Ill. Adm. Code 102.610);

Federally required rules, as defined in Section 28.2 of the Act [415

ILCS 5/28.2] (see 35 Ill. Adm. Code 102.Subpart E);

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] (see 35 Ill. Adm. Code

102.Subpart B);

Clean Air Act fast-track rulemakings, as defined by Section 28.5

of the Act [415 ILCS 5/28.5] (see 35 Ill. Adm. Code 102.Subpart

C); and

Updating incorporations by reference, as allowed by Section 28.6

of the Act [415 ILCS 5/28.6] (see 35 Ill. Adm. Code 102.211).

The IAPA provides for three types of rulemakings:

General rulemaking pursuant to Section 5-40 of the IAPA [5 ILCS

100/5-40], which includes first notice and second notice (see 35 Ill.

Adm. Code 102.600-102.608);

Emergency rulemaking pursuant to Section 5-45 of the IAPA [5

ILCS 100/5-45] (see 35 Ill. Adm. Code 102.612); and

Peremptory rulemaking pursuant to Section 5-50 of the IAPA [5

ILCS 100/5-50] (35 Ill. Adm. Code 102.614).

Proposals for the adoption, amendment, or repeal of a substantive regulation may

be made by the Environmental Protection Agency (Agency), the Illinois

Department of Natural Resources (Department), the Board, or any member of the

public. Only the Agency may propose a Clean Air Act fast track rulemaking [415

ILCS 5/28.5]. Proposals made by the Agency, Department, or Board are

automatically scheduled for hearings.

In the case of a proposal made by a member of the public, the proposal must be

accompanied by a petition signed by 200 persons, specifying home addresses,

unless that requirement is waived by the Board. When the proposal is

accompanied by a petition, the matter is placed on the agenda for Board decision.

Generally, the Board will authorize a hearing unless it determines that the

proposal is plainly devoid of merit, or deals with a subject on which a hearing has

been held within the preceding six months, or is not accompanied by an adequate

statement of supporting reasons. The proponent will be notified of an adverse

decision and of the reasons for such a decision.

(Source: Amended at 30 Ill. Reg. ________, effective _____________)

Section 2175.505

Initial

Hearing

All hearings on regulatory proposals are conducted according to the Board’s

procedural rules at 35 Ill. Adm. Code 102. These hearings are open to the public,

and at such hearings, the public is permitted to examine the record, examine

witnesses (except as limited by the Hearing Officer), testify, and submit evidence,

except as limited by the Hearing Officer or Board procedural rule.

Unless otherwise directed by the Hearing Officer or the Board, the rulemaking

record remains open for written public comment for a minimum of 14 days

following the Board’s receipt close of the hearing transcript. Any person may

make a written submission on the proposal within this period or during the first

notice period pursuant to the Administrative Procedure Act (IAPA) [5 ILCS 100].

(Source: Amended at 30 Ill. Reg. ________, effective _____________)

Section 2175.510

First Notice

The Board may adopt a proposed rule for first notice pursuant to Section 5-40 of

the IAPA APA at any time after a regulatory proceeding is initiated [5 ILCS

100/5-40]. The proposed rules are filed with the Secretary of State for first-notice

publication in the

Illinois Register

. Generally, the Board does not proceed to first

notice until merit and economic hearings have concluded and comments have

been received unless there is a need to proceed more expeditiously.

The public has a right to comment on the proposed rules during the first-notice

period and retains all other rights set out in Section 5-40 of the IAPA [5 ILCS

100/5-40].

Pursuant to Section 28 of the Illinois Environmental Protection Act, the Board

may, after hearing in general, revise the proposed regulation before adoption

without conducting further hearings [415 ILCS 5/28].

(Source: Amended at 30 Ill. Reg. ________, effective _____________)

Section 2175.515

Second Notice

Upon termination of the first-notice period, the Board may adopt the proposal for

second notice pursuant to Section 5-40 of the IAPA

APA [5 ILCS 100/5-40], for

review by the Joint Committee on Administrative Rules (JCAR).

After the second-notice period has commenced, the proposed rules will only be

amended in response to JCAR recommendations.

(Source: Amended at 30 Ill. Reg. ________, effective _____________)

Section 2175.520

Adopted Rules

At the conclusion of the second-notice period, the Board may adopt a final

opinion and order adopting the new or amended

rules and setting forth the reasons

for adoption.

The adopted rules are then filed with the Secretary of State and are published in

the

Illinois Register

along with supporting information.

(Source: Amended at 30 Ill. Reg. ________, effective _____________)

Section 2175.525

Emergency Rules

Pursuant to the Illinois Emergency Management Agency Act [20 ILCS 3305/7] Illinois

Emergency Services and Disaster Act of 1975 [65 ILCS 5/1], on proclamation by the Governor,

that a disaster emergency exists, or when the Board finds that a severe public health emergency

is involved in relation to any proposed regulation, then such regulation will shall take effect

without delay and the Board may proceed with the required economic impact hearings while the

regulation continues in effect [415 ILCS 5/27(c)]. When such an emergency exists, or when the

Board finds another situation exists that reasonably constitutes a threat to the public interest,

safety, or welfare, the customary 45-day notice period provision is waived; however, notice and

text of the emergency rule must be published in the

Illinois Register

[5 ILCS 100/5-45(b)]. An

emergency rule is effective for a maximum period of 150 days pursuant to Section 5-45(c) of the

IAPA [(5 ILCS 100/5-45(c))], but it may be adopted as a permanent rule by following usual

rulemaking procedures.

(Source: Amended at 30 Ill. Reg. ________, effective _____________)

Section 2175.530

Peremptory Rules

When the Board is required by federal law, federal rules and regulations, or by a court order to

adopt a certain rule, that rule need not be published in the

Illinois Register

until it has been

adopted pursuant to Section 5-50 of the IAPA [5 ILCS 100/5-5070.] However, notice and text of

the adopted rule must be published in the

Illinois Register

pursuant to Section 5-70 of the IAPA

APA. [5 ILCS 100/5-70.]

(Source: Amended at 30 Ill. Reg. ________, effective _____________)

Section 2175.535

Rules Identical-In-Substance to

Adoption of Federal Regulations

The Board adopts regulations in the following programs pursuant to Section 7.2

of the Illinois Environmental Protection

Act [415 ILCS 5/7.2] that are identical-

in-substance to federal regulations and which are exempt from Sections 5-35 and

5-40 of the IAPA

Illinois Administrative Procedure Act [5 ILCS 100/5-35 and 5-

40]:

1a)

Exemptions from the definition of volatile organic material: Section

9.1(e) of the Illinois Environmental Protection Act [415 ILCS 5/9.1(e)],

2b)

Underground injection control (UIC): Section 13(c) of the Illinois

Environmental Protection Act [415 ILCS 5/13(c)],

3c)

Wastewater pretreatment: Section 13.3 of the Illinois Environmental

Protection Act [415 ILCS 5/13.3)],

4d)

Safe Drinking Water Act (SDWA): Section 17.5 of the Illinois

Environmental Protection Act [415 ILCS 5/17.5)],

5e)

Resource Conservation and Recovery Act (RCRA), Subtitle C, hazardous

waste (RCRA Subtitle C): Section 22.4(a) of the Illinois Environmental

Protection Act [415 ILCS 5/22.4(a)],

6f)

RCRA Resource Conservation and Recovery Illinois Environmental

Protection Act, Subtitle I, underground storage tank (UST): Section

22.4(d) of the Illinois Environmental Protection Act [415 ILCS 22.4(d)],

7g)

RCRA Resource Conservation and Recovery Act, Subtitle D municipal

solid waste landfills (RCRA Subtitle D): Section 22.40(a) of the Illinois

Environmental Protection Act [415 ILCS 5/22.40(a)].

Section 7.2(b) of the Act [415 ILCS 5/7.2(b)] provides timetables for rule

adoption, but generally the Board must adopt rules within one year after the

United States Environmental Protection Agency’s (USEPA) adoption of the

corresponding federal rule. The Board adopts a proposal for public comment that

is published in the Illinois Register. The Board then accepts public comments for

45 days, after which the Board adopts final rules that are published in the Illinois

Because Sections 5-35 and 5-40 of the IAPA [5 ILCS 100/5-35 and 5-40] do not

apply to identical-in-substance rulemaking under Section 7.2 of the Act [415

ILCS 5/7.2], the Board does not follow the IAPA’s procedure of first notice,

second notice, and final adoption.

(Source: Amended at 30 Ill. Reg. ________, effective _____________)

Section 2175.540

Federally Required Rules

Under Section 28.2 of the Act [415 ILCS 5/28.2], the Board may adopt a “required rule.”

“required rule” means a rule that is needed to meet the requirements of the federal Clean Water

Act, SDWA, Clean Air Act (including required submission of a State Implementation Plan), or

RCRA, other than a rule required to be adopted as an identical-in-substance rule

(see Section

2175.535 of this Part) [415 ILCS 5/28.2(a)].

Section 2175.545

Generally Applicable Rules and Site-Specific Rules

Under Sections 27 and 28 of the Act [415 ILCS 5/27 and 28], the Board may adopt substantive

environmental rules of generally applicability and of site-specific applicability. Under Section

26 of the Act [415 ILCS 5/26], the Board may adopt such procedural rules as may be necessary

to accomplish the purposes of the Act.

Section 2175.550

Clean Air Act Fast-Track Rulemaking

Under Section 28.5 of the Act [415 ILCS 5/28.5], the Board may

adopt rules proposed by the

Agency that are required to be adopted by the State under the Clean Air Act as amended by the

Clean Air Act Amendments of 1990 (CAAA). A “fast-track” rulemaking proceeding is a

proceeding to promulgate a rule that the CAAA requires to be adopted. For purposes of this

type of rulemaking, “requires to be adopted” refers only to those regulations or parts of

regulations for which USEPA is empowered to impose sanctions against the State for failure to

adopt such rules

[415 ILCS 5/28.5(a) and (c)].

Section 2175.555

Updating Incorporations By Reference

Under Section 28.6 of the Act [415 ILCS 5/28.6], the Board may update an incorporation by

reference included in a Board rule without conducting hearings if no objection is filed or hearing

is requested during the first-notice period pursuant to Section 5-40 of the IAPA [5 ILCS 100/5-

40]. Such rulemaking is limited to replacing a reference in a Board rule to an older or obsolete

version of an incorporated document with a reference to the current version of that document or

its successor document.

SUBPART F: ADJUDICATORY PROCEEDINGS

Section 2175.600

Adjudicatory Proceedings

The Board is authorized to hear the following types of adjudicatory cases: (See

35 Ill. Adm. Code 101-120 130 for procedural rules governing the processing of

these cases.)

Enforcement Action. The Illinois Attorney General, any State’s Attorney,

or any person may initiate an enforcement action by the filing of a

complaint pursuant to Section 31 of the Illinois Environmental Protection

Act [(415 ILCS 5/31]. (See 35 Ill. Adm. Code 103.)

Permit Appeal. Any person who, pursuant to Section 39 of the Act [415

ILCS 5/39], has been denied a permit by the Agency, or who has been

issued a permit by the Illinois Environmental Protection

Agency pursuant

to Section 39 of the Illinois Environmental Protection Act [(415 ILCS

5/39)] with one or more conditions to which that person objects, may file a

petition with the Board for a review of the Agency's action. If the Agency

grants a RCRA permit for a hazardous waste disposal site or grants or

denies a National Pollutant Discharge Elimination System (NPDES)

permit, certain third parties may petition the Board for a hearing to contest

the decision of the Agency [415 ILCS 5/40(b), (e)(1)]. (See 35 Ill. Adm.

Code 105.)

Pollution Control Facility Siting Review. An applicant for local siting

approval of a pollution control facility who has been denied such approval

or granted conditional approval by a county board or the governing body

of a municipality or third party who participated in the public hearing

conducted by a county board or the governing body of a municipality may

contest that decision by filing a petition for hearing pursuant to Section

40.1(a) of the Illinois Environmental Protection Act [415 ILCS 5/40.1(a)].

A third party who participated in the public hearing conducted by a county

board or the governing body of a municipality may contest a grant of local

siting approval by filing a petition for hearing pursuant to Section 40.1(b)

of the Act [415 ILCS 5/40.1(b)]. (See 35 Ill. Adm. Code 107.)

Variances/Adjusted Standards. Any person adversely affected by a Board

rule or order may file a petition for a variance or adjusted standard

pursuant to Section 37 of the Illinois Environmental Protection Act [415

ILCS 5/37] or a petition for an adjusted standard pursuant to Section 28.1

of the Act [415 ILCS 5/28.1]. (See 35 Ill. Adm. Code 104.)

Trade Secret Determination. Any person who is adversely affected by a

trade secret determination made by the Illinois Environmental Protection

Agency or the Illinois Department of Natural Resources may contest that

determination before to the Board. (See 35 Ill. Adm. Code 130.)

Appeal of Office of the State Fire Marshal (OSFM) UST Fund Denial of

Eligibility or Deductibility Determination to UST Program. Owners or

operators of USTs underground storage tanks who have been denied

eligibility by the OSFM to access the UST underground storage tank

reimbursement fund, or who disagree with an OSFM determination of the

applicable deductible for UST Fund reimbursement, by the Office of State

Fire Marshal may petition for review pursuant to Section 57.9(c) of the

Illinois Environmental Protection

Act [415 ILCS 5/57.9(c)]. (See 35 Ill.

Adm. Code 105.)

Appeal of Agency Decisions Regarding UST Program. Owners or

operators of USTs underground storage tanks who have been denied

requested UST Fund reimbursement or UST cleanup approvals by the

Agency may petition for review pursuant to Section 40 of the Illinois

Environmental Protection Act [415 ILCS 5/40]. (See 35 Ill. Adm. Code

105.)

Tax Pollution Control Facility Certifications. Under the Property Tax

Code, the Board may issue a certificate finding that a facility is a

“pollution control facility” or that a device is a “low sulfur dioxide

emission coal fueled device” for property tax purposes [35 ILCS 200/11-

10, 11-40]. A person seeking a tax certificate must first submit an

application to the Agency. The Agency is then required to file with the

Board a recommendation on whether the Board should issue the

certificate. An applicant who wishes to contest an Agency

recommendation that the Board deny tax certification may file a petition

with the Board. (See 35 Ill. Adm. Code 125.) Application for a pollution

control facility certificate demonstrating that a particular facility is entitled

to tax treatment as a pollution control facility as defined in Section 11-10

of the Property Tax Code may be filed with the Board pursuant to Sections

11-25 and 11-30 of that Code [35 ILCS 200/11-25 and 11-30].

Administrative Citations. The Agency or a unit of local government

delegated authority by the Agency, may issue administrative citations for

violations of the Illinois Environmental Protection Act, Sections 21(o) and

(p) of the Act [415 ILCS 5/21(o) and (p)]., and tThese citations are shall

be enforceable by filing copies with the Board pursuant to Section 31.1 of

the Illinois Environmental Protection Act [415 ILCS 5/31.1]. The

respondent named in the administrative citation may file a petition for

review with the Board. (See 35 Ill. Adm. Code 108.)

10)

Water Well Setback Exceptions. A water well owner may petition the

Board for an exception from the water well setback requirements of the

Illinois Environmental Protection Act by filing a petition with the Board

and the Agency pursuant to Section 14.2 of the Illinois Environmental

Protection Act [415 ILCS 5/14.2.]. (See 35 Ill. Adm. Code 106.)

11)

Other. Any other proceedings which are authorized by the Illinois

Environmental Protection Act or the Board’s procedural rules may be

brought before the Board pursuant to statutory authority and any Board

regulations adopted thereunder.

(Source: Amended at 30 Ill. Reg. ________, effective _____________)

Section 2175.APPENDIX A Organizational Chart

ORGANIZATIONAL CHART

MEMBER

CHAIRMAN

MEMBER

Attorney

Assistant

Attorney

Assistant

Attorney

Assistant

Attorney

Assistant

Attorney

Assistant

Private Secretary

Private

Secretary

Private

Secretary

Administrative

Assistant

Private Secretary

Senior

Environmental

Scientist

Senior

Attorney

Executive

Coordinator

Fiscal Officer

Senior

Attorney

Staff Attorney

Rulemaking

Coordinator

Environmental

Scientist

Executive Secretary

Clerk of the Board

Accountant

Human Resource

Manager

Public

Information

Coordinator

Assistant Clerk

Hearing

Officer

Hearing

Officer

Paralegal

Assistant

Information

Systems

Analyst

Information

Systems

Analyst

Information

Systems

Analyst

State of Illinois

Governor

Pollution Control Board

Chairman

Board Members

Attorney Assistants

Private Secretaries

Legislative/Government

Liaison

Hearings Unit

Executive

Coordinator

Fiscal Unit

Personnel

Management

Clerk's Office

Legal Unit

Technical Unit

Attorney Assistants

Legislative/Government Liaison

Executive Coordinator

Legal Unit

Clerk's Office

Administrative Unit

Hearings Unit

Technical Unit

Private Secretaries

Pollution Control Board

Chairman

Board Members

(Source: Amended at 30 Ill. Reg. ________, effective _____________)

IT IS SO ORDERED.

Section 41(a) of the Environmental Protection Act provides that final Board orders may

be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the

order. 415 ILCS 5/41(a) (2004);

see also

35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.

Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois

Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The

Board’s procedural rules provide that motions for the Board to reconsider or modify its final

orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code

101.520;

see also

35 Ill. Adm. Code 101.902, 102.700, 102.702.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board

adopted the above opinion and order on July 20, 2006, by a vote of 4-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board