ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

1)

Heading of the Part :

Organization, Public Information, and Types of Proceedings

2)

Code Citation

:

2 111. Adm. Code 2175

3)

Section Numbers :

2175.100

2175.105

2175.110

2175.115

2175.120

2175.125

2175.130

2175.135

2175.140

2175.200

2175.205

2175.210

2175.215

2175.220

2175.300

2175.305

2175.310

2175.315

2175.320

2175.400

2175.500

2175.505

2175.510

2175.515

2175.520

2175.525

2175.530

2175.535

2175.540

2175.545

2175.550

2175.555

2175.600

2175.APPENDIX A

Adopted Action :

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

Amend

New Section

New Section

New Section

New Section

Amend

Amend

1

06

RECEIVED

CLERK'S OFFICE

SE?

1 2 2006

STATE OF ILLINOIS

Pollution Control Board

---

ILLINOIS REGISTER 2

06

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

4)

Statutory Authority :

Implementing Section 5-15 of the Illinois Administrative Procedure

Act [5 ILCS 100/5-15] and authorized by Section 5 of the Environmental Protection Act

[415 ILCS 5/5] .

5)

Effective Date of Amendments

: August 29, 2006

6)

Does this rulemaking contain an automatic repeal date? No

7)

Doesthis rulemaking contain incorporations by reference? No

8)

A copy of the adopted amendments, including any material incorporated by reference, are

on file in the Board's Chicago office at the James R . Thompson Center, 100 W

.

Randolph, Suite 11-500 and are available for public inspection .

9)

Notice of Proposal Published in Illinois Register : This rulemaking is adopted in

accordance with procedures for required rulemaking under Section 5-15 of the Illinois

Administrative Procedure Act. Therefore, publication of a notice of proposed rulemaking

was not required

.

10)

Has JCAR issued a Statement of Objection to this rulemaking? No

11)

Differences between proposal and final version

: None

12)

Have all the changes agreed upon by the agency and JCAR been made as indicated in the

agreements letter issued by JCAR?

Pursuant to Section 5-15 of the Illinois

Administrative Procedure Act, this rulemaking is being adopted without publication of a

notice proposed rulemaking, or JCAR second notice review

.

13)

Will this rulemaking replace any emergency rulemaking currently in effect? No

14)

Are there any proposed rulemakings pending on this Part? No

15)

Summary and Purpose of Rulemaking

: A more complete description of these adopted

amendments may be found in the Board's opinion and order of July 20, 2006, in docket

R04-9. The Board is updating its Part 2175 rules. The amendments encompass three

different topics: (1) statutory changes affecting the Board; (2) Board procedural rule

changes; and (3) various developments at the Board, such as the public availability of

Clerk's Office online (COOL) as an "electronic file cabinet" on the Board's Web site

.

---

NOTICE OF ADOPTED AMENDMENTS

Statutory changes

.

Recent 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 . This, in turn, lowered the number of

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

reflected in the 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." The Board complied 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, and has made changes to address the new Web site posting requirements in

Sections 2175 .125, 2175.130, and 2175 .135 of this Part

.

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. The adopted amendments update the cross-references to the new procedural rules

in the administrative rules. The Board also added 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 .

New Developments . Finally, the Board has made various changes to the administrative

rules to reflect changes to COOL, the Board's electronic docketing system for

rulemakings and adjudicatory cases, and to update the addresses of the Board offices

.

16)

Information and questions regarding these adopted amendments shall be directed to

:

Richard McGill

Illinois Pollution Control Board

ILLINOIS REGISTER

3

POLLUTION CONTROL BOARD

06

---

NOTICE OF ADOPTED AMENDMENTS

100 W. Randolph, Suite 11-500

Chicago, IL 60601

312-814-6983

Copies of the Board's opinion and order may be requested from the Clerk of the Board at

the address listed in #8 above or by calling 312/814-3620. Please refer to the Docket

number R04-9 in your request. The Board order is also available from the Board's Web

site (www.ipcb .state.il.us)

The full text of the Adopted Amendments begins on the next page :

ILLINOIS REGISTER

4

POLLUTION CONTROL BOARD

06

---

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 Regular 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'oHomc Page on World Wide Wcb In

Beard Web Site

2175 .315

Documents Available from the Clerk's Office

2175 .320

Requests Fort

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

g

EGeveD

',43

OFFICP

SEP 1 2 2006

I

I

I

I

STATE OF

ILLINOIS

Pollution Control

Board

---

I

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 .

ORCANIZATIONAL CHART Oraanizatinnal

('hart.

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

Act [5 ILCS 100/5-15] and authorized by Section 5 of the

Illinoio 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 ; old Part repealed,

new

Part adopted at 20 Ill . Reg .

107,4796 and new Part adopted at 20 Ill

.

pea,

479A

.

effective March 5, 1996 ; amended in R04-9 at 30 Ill

. Rea

.

14990 .

effective

.A11augt

29

.

2006 .

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 .130

.

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

. ,14990

.

effective August

29,

2006)

Section 2175 .105

Board membership

a)

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 Illinoio Environmental Protcction Act . The Board determines,

defines, and implements environmental control standards in accordance with the

Illinois Dnvironmcntal Protect ion

Act

.

I

b)

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

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

for a term of three years

.

---

c)

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

.

d)

Pursuant to Section 3 .1 of the Executive Reorganization Implementation Act

[15 ILCS 15/3 .11, 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

. ,14990,

effective August

29

.

2006)

Section 2175 .110

Organization and Supervisory Relationships

a)

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

.

b)

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

following offices and units : Clerk's Office, Legal

Unit,

II arings Unit,

Technical Unit, and Fiscal Unit . The function of each is as follows

:

1)

Clerk's Office . This ee€€ieeoffice 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

.

2)

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

.

3)

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 .

44-

thin unit in comprised of

att;orney

o

reoponsible fo

cond

generally managing the Board's adjudicatory

aoc load

.

4-51) Fiscal Unit . Under the direction of a Fiscal officer, this unit is

responsible for budgeting, expenditures, procurement, computer operations, and

related duties

.

I

c)

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

---

CoordinatorManaoer,

an Information Systems Analyst, and

a Rulemaking

Coordinator

.

d)

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

. ,14990

.

effective August

9

.

2006)

Section 2175 .115

Location of offices

a)

The Board maintains two central offices, o e in Chicago and one in

Springfield .

of the

Ctatc

.

b)

The Clerk's Office is located in the Chicago

Oofficonffired

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)

c)

The Office of the Chairman, the Fioeal unit, and the

Legislative/Oovernmcnt Affairo Coordinator arc located in the Cpringficld

office .

The address and general telephone number of the Springfield office is

:

Illinois Pollution Control Board

1021 North Grand Ave . East

,$nrinofield .

Tllinnic

62706

COO Couth Cccond Ctrcct

Cu itc

402

Cpringficld,

Illinoio 62702 6270"_

(217)- 524-8500

(217) 524-8508 (Fax)

d}

The Board mainta ins satellite offices in the following to ationo

.

Illinois Pollution Control Board

110 Couth State Ctrcct

Jcrocyvillc,

Illinois 62052

(G10)

490

9002

(G10)

490

5934

(Fax)

Illinois Pollution Control Board

140 North Third Ctrcct

P .O

.

Box 505

The

I

I

address

---

OcKalb,

IllinoioG0115

(015)

7--3 1901

(015)

753 1970

(Fax)

(Source : Amended at

30

Ill

.

Reg

. ,14990

.

effective Auaust

29,

209-6)

Section 2175 .120

Board Meetings

a)

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 ct ocq ]

.

The Board may also hold meetings that are

closed to the public mcctingo 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)

.

b)

Open Board Mmccting&Ipeetinos may be held when a quorum of Board members-

conotitutcd by four mcmbcro 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)]

c)

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 {j5

ILCS

120/2a}l. Closed meetings may be held when a

majority of a quorum is present {j5 ILCS 120/1 .02}j .

deg) Board members may attend meetings in the following ways

:

1)

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

phyoi ally present physically or by videoconference . Closed meetings may also

be held with Board members e*-present telephonically .

2)

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

.

eda) Section 5 of the Illinoio Environmenta l

-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

mMem&e-r-&MPmhPr4 may call a special or emergency meeting of the Board that is

open to the public

.

(Source : Amended at 30 111 . Reg . ,14990

.

effective August

29

.

2006)

---

Section 2175 .125

Public Notice of Regular Open Board Meetings and Closed

Deliberative Sessions

a)

Public Notice of Regular Open Board Meetings and Closed Deliberative

Sessions

.

1)

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

.

2)

Notification of

thcoc 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

age

(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]

.

A)

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

.

B)

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

.

Spec al or Emergency Meetings

.

1)

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

closed deliberative session, notice Notice of a special or emergency meeting-

mcct ingL will generally be given to all Board members and the public at least 48

hours prior to the meeting

.

ho ever, 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 opccial mcoting may be called by the

and giving-notice to the public of an emergency meeting will be given as soon as

is reasonably far in advance ao io practicable, but prior to the holding of such

meeting .

I

2)

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

---

I

Section 2175 .310 of this Part),

pursuant to Section

2 .02

of

the Open Meetings

Act 415 ILCS

120/2 .024-1

.

3)

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 4-15 ILCS

120/2 .024-1, 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 4j5

ILCS 120/2a}1 (see

Section 2175 .120(c) of this Part)

.

e4) 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-4_15

ILCS 120/2 .02(b)}j

.

d)

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 . 14990 .

effective August

9 . 2006,)

Section 2175 .130

Agenda of Open Board Meetings and Closed Deliberative

Sessions

a)

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 4[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 e€

ieesoffjZQ,

at any other location where the meeting or session is to be held, and on the

Board's Homo

ago web site (see Section 2175 .310 of this Part)

.

b)

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 ochcdulcd Board

meeting

.

c)

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

. 14990

.

effective August

29.200i)

Section 2175 .135

Minutes of Open Board Meetings ; Minutes and Verbatim Record

of Closed Deliberative Sessions

I

I

a)

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

Section 2 .06(a) of the Open Meetings Act -j5

ILCS 120/2 .06(a)}1 . Minutes of all

---

such meetings cubjcct to the Open Meetings Act will

shall be available to the

public at the Clerk's Office and ee-on the Board's Home

ago Web site (see

Section 2175 .310 of this Parte-2) 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 4j5

ILCS

120/2 .06(b)}1. 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

.

b)

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

accordance with Section 2 .06(a) of the Open Meetings Act {j5

ILCS

120/2 .06(a)}1

.

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

Ccct iono $ding

2 .06(d) and (f) of the Open Meetings Act 4j5

ILCS

120/2 .06(d)

and

(f)}1

.

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

.

c)

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 {j5

ILCS

120/2 .06(a)}1 . Verbatim recordings of

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

Ccctiono$entina

2 .06(c) and (e) of the Open Meetings Act 4j5

ILCS

120/2 .06(c)

and

(e)4-1 .

(Source : Amended at 30 Ill . Reg

. 14990

.

effective August

29

.

2006)

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 the Dorothy Cunn,

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

60601 or at 312/814-3620 within at least five(5)

days prior to a Board meeting

or hearing

.

(Source : Amended at 30 Ill . Reg . 14990 .

effective August

29

.

2006)

SUBPART B : FEES AND FORMS OF PAYMENT

Section 2175 .200

Filing Fees

a)

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 .51 must shall pay

that fee at the time the petition is presented to the Clerk for filing

.

b)

The following initial filings require filing fees and will only be

considered filed when accompanied by the appropriate fee,

which may be paid in

Illinois Pollution Control Board, but which may not be paid in

ash . .

1)

Petition for Site-Specific Regulation, $75 ;-

2)

Petition for variance, $75 ; -

---

3)

Petition

for Review of Illinois Environmental Protection Agency (Agency)

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

app al determination pursuant to Section 40 of the Illinois Environmcntal

Protcction Act [415 ILCS 5/40], $75

; -

4)

Petition to Contest Local Government Pollution Control Facility Siting

Decision, pursuant to Section 40 .1 of the Illinois Environmental Protcction Act

[415 ILCS 5/40 .1], $75 ; and

5)

Petition for Adjusted Standard, pursuant to Section 28 .1 of the Illinois

Environmental Protcction Act [415 ILCS 5/28 .1], $75

.

c)

The Clerk will refuse to file any petition which that

i~

4

sthatis

not

accompanied by the required fee . The fee must be paid in the form specified in

Section 2175 .215 of thcoc rules this Part

.

(Source : Amended at 30 Ill . Reg

. ,14990

.

effective August

29

.

7006)

Section 2175 .205 Photocopying Copying Fees

a)

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

office officco in Chicago upon payment of reasonable reproduction fees

[415 ILCC

5/7]

as follows

:

la) 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

Hard eeepicsrnnies, of multiple opinions and orders cost

75 cents per page

.

2b) Hard copies of Hhearing Ttranocriptohearina transcripts cost 75

cents per page .

3e) Hard copies of AallA.U other documents cost 75 cents per page

.

4}

and transcripts free of

charge

.

4)

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

.

b)

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

orders and transcripts free of charge

.

c)

Fees will be waived or reduced if

:

1)

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

Assembly; or

I

I

2)

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)]

d)

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 . ,14990

.

effective August

29

.

2006)

Section 2175 .210

Photocopying

Copying Procedures

a)

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

ILCE

5/7 .]

b)

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

.

c)

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

practicable poooiblc . y 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 . 14990

.

effective August

29 .

7006)

Section 2175 .215

Forms of 9t-Payment

a)

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 Ctatc agency may

use an office of the Comptroller voucher to

remit payment for filing fern and photocopy charges

.

b)

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)

.

I

I

ebb) If In the event that a check for filing fees, paid pursuant to Ccction 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 .000

120 .)101 .800 .)

de~d) If In the event that a check for pheteeepyingrnnving fees chargcc 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 pheteeepyrnnv 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 . „14990,_ effective

?9 .

X006)

Section 2175 .220

Other Fees/Costs

The Board may, in its procedural rules (see 35 Ill . Adm. Code 101 120

130101 ..130), provide for the payment of certain types of its costs where

appropriate

.

(Source : Amended at 30 Ill . Reg

. ,14990

.

. effective Auousf

29

.

2006_)

SUBPART C : PUBLIC INFORMATION

ection 2175 .300

Files Open to Reasonable Inspection

a)

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 .

.

.

JLZ 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

.

b)

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

shall maintain for five

(5)

years; all documents submitted by the parties in

rulcmaking and adjudicatory cases and participants in rulemakingoru> making

[5

ILCS 1604] . After five

(5)

years, the documents will ohall be microfilmed and

the microfilm will ohall 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

.

c)

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

:

1)

Documents filed withinjn an adjudicatory case or rulemaking, including-

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

hearings, and public comments

;

I

2)

Opinions and b-9e*de sardtr.a of the Board ;

3)

Copico of dDocumcntopnruments published by the Board for use by the

general public, such as the Environmental Register

.

d)

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

'

,at

•

•h

4e t2.a

constitutes a

140/7], including but not limited to,

information

v.u~.

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

.

August

---

e)

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 secre t

protection for trade secrets and other non-disclosable information as described

in Section 7 of the Illinois Environmental Protein Act [415 ILCS 5/7] . (See

35 Ill . Adm. Code 101 120 130 .)

(Source: Amended at 30 Ill . Reg

. 14990,

effective August

29. 2006)

Section 2175 .305

Publications

a)

Environmental Register

1)

The Board's monthly publication, the will publish an Environmental

Register, conta ining-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 Oofficco . offices

.

2)

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

.

3)

The Environmental Register is provided free of charge on the Board's Home

Page Web site (see ao described at Section 2175 .310 of this Part)

.

b)

Opinions, orders, Regulations

1)

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)

.

2)

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

commercial services including LEXIS and Westlaw

.

3)

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

.

c)

Annual Report

1)

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

.

I

I

2)

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

Offices offices . The Annual Report is also available free of charge from the

Board's Web site (see Section 2175 .310 of this Part)

.

---

d)

Illinois Register

1)

Required Filings

.

The Illinois Register is a publication containing all-

otate 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

:

A)

Notice of all proposed and adopted regulations as required by Section 5-40

of the IAPA 4j5 ILCS 100/5-40}j . The notices describe the rules, contain

contact names for questions, and provide directions for participation at public

hearings and submission of written comments

.

B)

Notice of all emergency and peremptory regulations as required by Sections

5-45 and 5-501G,U of the IAPAIllinoio Adminiotrativc Procedure Act

(IAPA

[5 ILCS

100/5-45 and 5/L01G5Q]-+. The notices describe the rules and contain contact

names for questions

.

C)

Results of Board determinations in adjusted standards proceedings pursuant

to Section 28 .1 of the Illinoio Environmental Protection Act 4[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

.

D)

A regulatory agenda which octo setting forth rules that which the Board

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

io to liot

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 .

2)

Discretionary filings . Section 7 .3 of the Illinoio Environment Protection

Act {[415 ILCS 5/7 .3] 4-and Section 5-70(b) of the IAPA Illinoio Adminiotrativc

Procedure Act

([5 ILCS 100/5-70(b)34]-- allow the Board to publish other

documents concerning its activities . These include,

but arc 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 4[415 ILCS 5/7 .2]}

.

(Source: Amended at 30 Ill . Reg

. 14990

.

effective August

29

.

2006)

Section 2175 .310 Board 's Home

age on World Wide Web Internet

Board Web Site

a)

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

.

The information on the Home

Rage is continuously updated .

The Board's Home Page

Web site with information that includes,

but io not limited to,

the following-

information

:

1)

Board Members' Profiles and a Citizen's Guide to the Board

;

2)

Environmental Register ;

3)

Open Board Meeting and Closed Deliberative Session Dates and Agendas

;

4)

Procedural Rules in Title 35 of the Illinois Administrative Code

;

5)

Administrative Rules in Title 2 of the Illinois Administrative Code

;

---

6)

Annual Reports

;

7)

Cummary of Pending Rulemakings

;

8)

Cummary of Recent Legislation Affecting the Board ;

9)

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 41415 ILCS 5}l; and

13)

Formal and informal complaint forms

.

b)

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

of Board charges . The Home

age Web site can be accessed through the Internet

using any commercially available on-line service . The Home

age Web site can be

accessed directly at via the following electronic address

:

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

c)

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

Illinois Home

age Web site

(under the "Agcncico" option)

at the following

electronic address

:

http .//~,,.,i.atatc .il .uo /

http ://www.illinois.gov/government/agency .cfm

(Source : Amended at 30 Ill . Reg

. 4990

.

effective Anqust

2,

9,

2006)

Section 2175 .315

Documents Prepared by the Clerk's Office

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

eeOffice

for internal use by the Board and are also available for inspection and copying

.

These include,

but arc not limited to,

docket sheets, listings of adjudicatory

cases and rulemakings by type and status tracking sheets. Hard Ccopiecrnnies

will be available within five

(S)

working days of a request at a cost of $5 .00

per page

.

(Source : Amended at 30 Ill . Reg . ,14990 .

effective A .a .c

29

.

2006)

I

I

Section 2175 .320

Requests for Information

a)

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

oOff

eOffice to provide the material . Inspection of documents

can only take place at the Clerk's Office

.

---

b)

A formal request

for information pursuant to the Prccdom of Information

Act

(FOIA4- must ohall state that it is a formal request pursuant to FOIA . The

formal request must ohall be addressed to the Clerk of the Board, who

willohallw;tl

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

.

1)

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 ohall 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

.

2)

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

. ,14990

.

effective August

29. 2006)

SUBPART D : ACCESS TO BOARD RULES

Section 2175 .400

Access to Board Rules in the Illinois Administrative Code

a)

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

:

CUBJECT MATTER

Procedural Rulco

Air Rulco

Water Rulco

Mine Rulco

Livcotock Waoto

Public Water CupplicD

Waotc Disposal

Noioc Rulc&

Nucl

arRadiation

Diol^gical MatcrialD

F7n7esFInve9tnrk WaatPFPuh1ic Water R,Inn1iPsGWagtP P1snnsalHNoicP Pu1PsTNuclPar

$adiafinnMRiolnaical Materials

b)

The Subtitles listed in subsection (a)

include some rules of the

Natural Rcoourcco

. AaPncv

.

Subtitles

.

The Board's

of this Section,

above, also

rules appear at Chapter I of each of the

I

(Source : Amended at 30 Ill . Reg

. 14990

.

effective August

29

.

2006)

SUBPART E: RULEMAKING

Section 2175 .500

Proposals

---

I

a)

Rulemaking procedures are set out in the Board's procedural rules at 35

Ill . Adm. Code 102

.

1)

The Act provides for five types of rulemakings

:

A)

Identical-in-substance rulemakings, as defined in Sections 7 .2, 13 .3,

28 .2, and 28 .4 of the Act {1415

ILCS

5/7 .2, 13 .3, 28 .2, and 28 .4}1 (see 35 Ill

.

Adm. Code 102 .610)

;

B)

Federally required rules, as defined in Section 28 .2 of the Act -4j415

ILCS

5/28 .24-1 (see 35 Ill . Adm. Code 102 .Subpart E)

;

C)

Other regulatory proposals, both of general applicability and not of

general applicability, as allowed by Sections 26, 27, and 28 of the Act {j415

ILCS

5/26, 27, and 28}j (see 35 Ill . Adm. Code 102 .Subpart B)

;

D)

Clean Air Act fast-track rulemakings, as defined by Section 28 .5 of the

Act--4_.14l5

ILCS

5/28 .5}1 (see 35 Ill . Adm. Code 102 .Subpart C) ; and

E)

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)

.

2)

The IAPA provides for three types of rulemakings

:

A)

General rulemaking pursuant to Section 5-40 of the IAPA {j5

ILCS

100/5-

40}1, which includes first notice and second notice (see 35 Ill . Adm. Code

102 .600-102 .608)

;

B)

Emergency rulemaking pursuant to Section 5-45 of the IAPA -j5

ILCS

100/5-

45}1 (see 35 Ill . Adm. Code 102 .612) ; and

C)

Peremptory rulemaking pursuant to Section 5-50 of the IAPA 415 ILCS 100/5-

50}1 (35 Ill . Adm. Code 102 .614)

.

b)

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

regulation may be made by the Env ironmcntal Protcction 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 {1415 ILCS 5/28 .5}j. Proposals made by the Agency, Department, or

Board are automatically scheduled for hearings

.

c)

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

. ,14990

.

effective August

29

.

2006)

I

Section 2175 .505

Initial

Hearing

---

a)

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

(e)ccept an limited by the II wring Officer),

testify, and

submit evidence, except as limited by the Hearing Officer or Board procedural

rule

.

b)

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 oboe 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 Administrativc Procedure Act (IAPA)

(

[5

ILCS 100]}

.

(Source : Amended at 30 Ill . Reg . 14990 .

effective August

J9

.

2006)

Section 2175 .510

First Notice

a)

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 4(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 .

b)

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

100/5-4014-

c)

Pursuant to Section 28 of the Illinoio Environmental Protection Act, the

Board may, after hearingin gcncra l

,

revise the proposed regulation before

adoption without conducting further hearings 4[415

ILCS

5/281-4-

(Source : Amended at 30 Ill . Reg . ,14990

.

. effective August

29 .

7006)

Section 2175 .515

Second Notice

a)

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 4[5

ILCS

100/5-40]-)-, for review by the Joint Committee on Administrative Rules (JCAR)

.

b)

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

. ,14990

.

effective August

29. 2006)

Section 2175 .520

Adopted Rules

I

I

a)

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 .

---

b)

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 . 14990

., effective

29

.

2006)

Section 2175 .525

Emergency Rules

August

Pursuant to the Illinois Emergency Management Agency Act -j20

ILCS

3305/74-

Illinois Emergency Cervices and Disaster Act of 1975

[65 !LGS 5/11, 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-'stake effect without delay

and the Board may proceed with the required economic impact hearings while the

regulation continues in effect 41415

ILCS

5/27(c)-4-j. 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 -j5

ILCS

100/5-45(b)-

}j . 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 . 14990

.

effective August

79 .

200x)

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

4[5

ILCS

100/5- S070.]

)501

.

However, notice and text of the adopted rule must

be published in the Illinois Register pursuant to Section 5-70 of the

IAPA APA-

4 [5

ILCS

100/5-7-0-2Q]y

4 -

(Source : Amended at 30 Ill . Reg . ,14990 .

effective August

29

.

2006)

Section 2175 .535

Rules Identical-In-Substance to Adoption of Federal

Regulations

a)

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]x

:

la)

Exemptions from the definition of volatile organic material : Section

9 .1(e) of the Illinois Environmental Protection Act 4[415

ILCS

5/9 .1(e)

]-4-,

2b)

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

Environmental Protection Act {[415

ILCS

5/13(c) ]-},

I

3e)

Wastewater pretreatment : Section 13 .3 of the Illinois Environmental

Protection Act x[415

ILCS 5/13 .3-)-]--~-,

---

4d)

Safe Drinking Water Act (SDWA)

:

Section 17 .5 of the Illinoio

EnvironmentalPzotcction Act x[415

ILLS

5e) Resource Conservation and Recovery Act (RCRA), Subtitle C, hazardous waste-

(RCRA Cubtitlc C)

:

Section 22 .4(a) of the Illinoio Environmental Protect ion Act

{[415

ILCS

5/22 .4(a)

1-4-,

6€}

Act]_

RCRA Subtitle I, underground storag

e tank

(UST} : Section 22 .4(d) of the

Illinoio Environmental Protection Act x[415

ILCS

22 .4(d)

]},

7g)

RCRA Resource Conservation and Recovery Act,

Subtitle D municipal solid

waste landfills

(RCRA Cubtitlc D)

:

Section 22 .40(a) of the

Illinois

Environmental Protection Act x[415

ILCS

5/22 .40(a) ]-4- .

b)

Section 7 .2(b) of the Act 4j415

ILCS

5/7 .2(b)-)-j 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 Register

.

c)

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

. ,14990

.,

effective

AuauRt 29

.

700{y

)

Section 2175 .540

Federally Required Rules

Under Section 28 .2 of the Act {j415

ILCS

5/28 .24-1, the Board may adopt a

"required rule ." A "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)]

.

(Source : Added at 30 Ill . Reg . 14990,

effective

August

29

.

2006)

Section 2175 .545

Generally Applicable Rules and Site-Specific Rules

Under Sections 27 and 28 of the Act {j415

ILCS

5/27 and 28}j, the Board may

adopt substantive environmental rules of generally applicability and of site-

specific applicability. Under Section 26 of the Act 4j415

ILCS

5/26-}j, the

Board may adopt such procedural rules as may be necessary to accomplish the

purposes of the Act

.

(Source : Added at 30 Ill . Reg

. 14990

.

effective

purnJSt 29 .

2006)

Section 2175 .550

Clean Air Act Fast-Track Rulemaking

---

Under Section 28 .5 of the Act 4[415

ILCS

5/28 .54-1,

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)]

.

(Source : Added at 30 Ill . Reg . ,14990

.

effective

Aurn,Gt 29 .

2006)

Section 2175 .555

Updating Incorporations By Reference

Under Section 28 .6 of the Act 4[415

ILCS

5/28 .6}1, 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 4[5

ILCS

100/5-404-1. 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

.

(Source : Added at 30 111 . Reg . ,)4990

.

effective

Aua»st. 29 .

9006)

SUBPART F: ADJUDICATORY PROCEEDINGS

Section 2175 .600

Adjudicatory Proceedings

a)

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

:

(See 35 111 . Adm . Code 101-120 130 for procedural rules governing the processing

of these cases .)

I

1)

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 Illineio Environmental Protection Act [4415

ILCS

5/311

)

.

(Ccc

3S

Ill

. Adm . Code

1&3-.+.

2)

Permit Appeal . Any person who, pursuant to Section 39 of the Act 4[415

ILCS

5/39}1, has been denied a permit by the Agency, or who has been issued a

permit by the

the Illinois Environmental Protection Act

[

(

"ls

5,'39)

1 AaPnrv 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 4[415

ILCS

5/40(b),

(e) (1)4-1

.

(See 35 Ill . Adm. Code 105 .)

3) 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 h

?^U

^^A

•,

aA

'-y

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 Proteation-Act 4[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 {j415

ILCS

5/40 .1(b)}l .

(See 35 Ill . Adm . Code 107 .)

4)

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 Protect ion Act 4[415

ILCS

5/37]-)- or

a petition for an adjusted standard pursuant to Section 28 .1 of the Act 4j415

ILCS

5/28 .1}j .

(See 35 Ill . Adm. Code 104 .)

5)

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

trade secret determination made by the

Illinois Dnvironmcntal Protection Agency

or the Illinois Department of Natural Resources may contest that determination

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

6)

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

Eligibility or Deductibility Determination to UCT Program

.

Owners or operators

of USTs underground

storag

e tanks who have been denied eligibility by the OSFM

to access the UST underground otoragc tank reimbursement fund, or who disagree

with an OSFM determination of the applicable deductible for UST Fund

reimbursement,

by the office of Ctatc 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 35 111 . Adm . Code 105 .)

7)

Appeal of Agency Decisions Regarding UST Program. Owners or operators of

USTs underground storag

e 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 4[415

ILCS

5/40]-)- .

(See 35 Ill . Adm. Code 105 .)

8)

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 -j35 ILCS 200/11-10, 11-40}j . 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 35 111 . Adm. Code 125 .)

Appli ation for apollution

control facility certifi ate demonstrating that aparticular facility is

entitled to tax tr atmcnt ao a pollution control facility ao defined in Ccction

11 10 of the Property Tax C.de may be filed with the Board pursuant to Cectiono

11 25 and 11 30 of that Code

[3S ILCE 200/11 25 and 11 30)

.

9)

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 Protect ion Act,

CcctionoSectinn 21(0)

and (p) of the Act 4j415 ILCS 5/21(o) and (p)

) .,and tThcoel . These 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]x. 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

Protect ion Act by filing a petition with the Board and the Agency

---

pursuant

to Section 14 .2 of

the IllinoioEnvironmental Protection Act {[415

ILCS

5/14 .2

.

1

)14 .21

.

(See 35

Ill

. Adm. Code

106 .)

11)

Other .

Any other proceedings which arc authorized by theIllinois

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 . ;4990- effective August-

29 . 2f

Qc

)

Section 2175 .APPENDIX A Organizational Chart

ORCANIZATIONAL CIIART

MEMEERMEMDERCIIAIRMANMEMDERrIEMEER

Attorney Aooiotant

Attorney Ass istant

Attorney Aooiotant

Attorney Ass istant

Attorney

Assistant

I

Private Cccrctary

Private Cccrctary

Private Cccrctary

Administrative

Ass istant

Private Cccrctary

Ccnior Environmental

Ccicnt iot

Ccnior Attorney

Executive

Coordinator

Fig al Officer

Ccnior Attorney

Ctaff Attorney

Rulcmaking

Coordinator

Environmental

---

Ccicntiot

Executive Secre tary

ClericoftheBoard

Accountant

Human Resource

Manager

PublicInformat ion

Coordinator

AssistantClerk

HaringOfficer

Hearing

Officer

aralcgal

AssistantAt.tnrnevAssistanttAttnrnevAcsis .an

trnrnevAssistantprivat.e

SerretarvPrivateSecretirvPrivate Serretarvdminictrat.iue Assipt.antPrivate

SecretarvseninrFnvironment.al

ScientistSenior AtfornevFxenutive

Coor StpvFi9CaI Officersenior AttnrnevStaff AttnrnevRplemakinae

C'.oordinat.c)rFxeciutive serretarvClerk of rite RnardAcrnljntantHuman Resource

ManaaerPublic Tnformation Onnrdl0atnrFnvirnnmental

SrieptlstA9sjsr.ant

l

kH a ing OffirerHearina OffirerParalegal AssistantTnfnrmatinn Systems

AnalystInformation Systems Analystlnformation Systems

Analyst

(Source : Amended at 30 Ill . Reg

. ,14990

.

effective August

79

.

2006)

ILLINOIS

RECIETDR

POLLUTION CONTROL BOARD

JrAR022179-0614990r01

NOTICE OP ADOPTED AMENDMENT&

ILLINOIS

RECICTER

POLLUTION CONTROL BOARD

I

NOTICE OF ADOPTED AMENDMENT&

---

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---

JCAR022175-0614990r0I

1

TITLE 2: GOVERNMENTAL ORGANIZATION

2

SUBTITLE E: MISCELLANEOUS STATE AGENCIES

3

CHAPTER XXVIII: POLLUTION CONTROL BOARD

4

5

PART 2175

6

ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS

7

RECEIVED

8

SUBPART A: INTRODUCTION AND ORGANIZATION

CLERK'S OFFICE

9

10

Section

SEP 1 2 2006

11

2175.100

Summary and Purpose

STATE OF ILLINOIS

12

2175.105

Board Membership

Pollution Control Board

13

2175.110

Organization and Supervisory Relationships

14

2175.115

Location of Offices

15

2175.120

Board Meetings

16

2175.125

Public Notice of Open Board Meetings and Closed Deliberative Sessions

17

2175.130

Agenda of Open Board Meetings and Closed Deliberative Sessions

18

2175.135

Minutes of Open Board Meetings; Minutes and Verbatim Record of Closed

19

Deliberative Sessions

20

2175.140

Accessibility of Open Board Meetings and Hearings

21

22

SUBPART B: FEES AND FORMS OF PAYMENT

23

24

Section

25

2175.200

Filing Fees

26

2175.205

CopvingPhetesepying Fees

27

2175.210

CopvingPh~ otocepying Procedures

28

2175.215

Forms of Payment

29

2175.220

Other Fees/Costs

30

31

SUBPART C: PUBLIC INFORMATION

32

33

Section

34

2175.300

Files Open to Reasonable Public Inspection

35

2175.305

Publications

36

2175.310

Web Site

Board

37

2175.315

Documents Available from the Clerk's Office

38

2175.320

Requests forFor Information

39

40

SUBPART D: ACCESS TO BOARD RULES

41

42

Section

43

2175.400

Access to Board Rules in the Illinois Administrative Code

---

JCAR022175-0614990r01

44

45

SUBPART E: RULEMAKING

46

47

Section

48

2175.500

Proposals

49

2175.505

Initial-Hearing

50

2175.510

First Notice

51

2175.515

Second Notice

52

2175.520

Adopted Rules

53

2175.525

Emergency Rules

54

2175.530

Peremptory Rules

55

2175.535

Rules Identical-In-Substance toAdeption-of Federal Regulations

56

2175.540

Federally Required Rules

57

2175.545

Generally Applicable Rules and Site-Specific Rules

58

2175.550

Clean Air Act Fast-Track Rulemaking

59

2175.555

Updating Incorporations By Reference

60

61

SUBPART F: ADJUDICATORY PROCEEDINGS

62

63

Section

64

2175.600

Adjudicatory Proceedings

65

66

2175.APPENDIX A Organizational Chart

67

68

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

69

100/5-15] and authorized by Section 5 of the Environmental Protection Act [415 ILCS 5/5]

.

70

71

SOURCE: Administrative rules adopted at 3 111. Reg. 23, p. 96, effective May 29, 1983

;

72

repealed by operation of law effective October 1, 1984 ; new rules adopted at 9 111. Reg. 107,

73

effective December 21, 1984 ; old Part repealed at 20111. Reg. 4796 and new Part adopted at 20

74

Ill. Reg. 4798, effective March 5, 1996; amended in R04-9 at 30 Ill. Reg. 14990, effective

75

August 29, 2006 .

76

77

SUBPART A: INTRODUCTION AND ORGANIZATION

78

79

Section 2175.100 Summary and& Purpose

80

81

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

82

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

83

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

84

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

85

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

86

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

---

87

rutemakingsrules and adjudicatory cases. Those procedural rules are found at 35 111 . Adm. Code

88

101-130120

.

If there is a conflict between the Board's procedural rules (35 111. Adm. Code 101-

89

130) and this Part, the procedural rules will control

.

90

91

(Source: Amended at 30 111. Reg. 14990, effective August 29, 2006)

92

93

Section 2175.105 Board Membership

94

95

a)

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

96

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

97

judicial administrative agency responsible for adopting environmental regulations

98

and deciding certain environmental disputes and cases brought pursuant to the

99

_

: -

Act. The Board determines, defines, and

100

implements environmental control standards in accordance with the Illinois

101

Act .

102

103

b)

The Board is comprised offiveseverr technically qualified

104

members are

105

Senate, for a term

106

107

c)

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

108

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

109

the Board .

110

111

d)

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

112

ILCS 15/3.11, the Board is an agency of State government that iscreated by law

113

with the primary responsibility

of

exercising regulatory or adjudicators functions

114

independently

of

the Governor.As such, the Board is excluded from the term

115

"Agency directly responsible to the Governor"or"agency"as defined in the

116

Executive Reorganization Implementation Act[15ILCS15/3 .11 .

117

118

(Source: Amended at 30111. Reg. 14990, effective August 29, 2006)

119

120

Section 2175.110 Organization and Supervisory Relationships

121

122

a)

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

123

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

.

124

The Chairman may have two confidential assistants and a personal secretary

.

125

126

b)

Toln-order-to carry out its functions, the Board is comprised of the following

127

offices and units: Clerk's Office, Legal Unit, H arings Unit, Technical Unit, and

128

Fiscal Unit. The function of each is as follows

:

129

members. The

appointed by the Governor with the advice and consent of the

of three years

.

JCAR022175-0614990r01

---

130

131

132

133

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

163

164

165

166

167

168

169

Section 2175.115 Location of Offices

170

171

172

a)

JCAR022175-0614990r01

1)

Clerk's Office. This officeOffice 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

.

2)

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 adjudicators caseload

.

3)

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 adjudicators cases and

rulemakings, as assigned by the Chairman

.

4)

Hcaringr. Unit . Under the direction ofaChief H aring Officer, this unit is

throughout the State, malting

:.ueh ruling-, at may be necessary at hearing,

and generally managing the Board's adjudicatory case]

d

Fiscal UnitO€fee . Under the direction of a Fiscal Officer, this unit is

responsible for budgeting, expenditures, procurement, computer

operations, and related duties .

c)

The Board may also employempleys other professional staff to carry out its

functions and mandates, including but not limited to an Executive Coordinator, a

Public Information Affairo Coordinator, a Human Resources Manager, an

Information Systems Analyst, and a Rulemaking CoordinatorScrviceo

d)

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. 14990, effective August 29, 2006)

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

.

The Board may al,e maintain r,atellite efficcs in various regions of the State

.

---

173

174

175

176

177

178

179

180

181

182

183

184

185

186

187

188

189

190

191

192

193

194

195

196

197

198

199

200

201

202

203

204

205

206

207

208

209

210

211

212

213

214

Section 2175.120 Board Meetings

215

b)

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)

c)

The Office of the Chairman, the Fiscal Office, and the L eg is lat ive/Covernmcnt

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

telephone number of the Springfield office is

:

d)

Illinois Pollution Control Board

1021 North Grand Ave . East

600 South Seeend Street

Suite 402

Springfield, Illinois 6270662704

(217) 524-8500

(217) 524-8508 (Fax)

110 South State Street

Jerseyville, Illinois 62052

(618) 198 9802

118 North Third Street

P.O

. Box505

DeKalb, Illinois 60115

(815) 753 1904

(815) 753 1970 (Fax)

(Source: Amended at 30 Ill. Reg. 14990, effective August 29, 2006)

JCAR022175-0614990r01

The Clerk's Office is located in the Chicago officeO€fee . The address and

general telephone number of the Chicago office is

:

---

Section 31(d) of the Illinois Env ironmental Protection Act [115 ILCS 5/31(d)]

.

2)

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

.

JCAR022175-0614990r01

216

a)

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

217

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

218

Meetings Act [5 ILCS 120] . The Board may also hold meetings that are closed to

219

the publicmeetings pursuant to Section 2(c)2(a) of the Open Meetings Act [5

220

ILCS 120/2(pj(a)] , including closed deliberative sessions under Section2(c)(4)of

221

the Open Meetings Act [5 ILCS 120/2(c)(4)l . The Board regularly holds closed

222

deliberative sessions (see Sections 2175 .125 and 2175 .130 of this Part) .

223

224

b)

Open Board meetingsMeetings may be held when a quorum of Board members;

225

constituted by fourmembers of the Board, is present

.

If

there is no vacancy on

226

the Board, four members

of

the Board constitute a quorum: otherwise, a ma/ority

227

of

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

of

the

228

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

229

approved by a ma/ority of the members of the Board constitutes the action

of

the

230

Board.

[415 ILCS 5/5(a)l

231

232

233

234

c)

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

235

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

236

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

237

a quorum is present [5 ILCS 120/1 .021

.

238

239

d)cl

Board members may attend meetings in the following ways

:

240

241

1)

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

242

physically present physically or by videoconference. Closed meetings

243

may also be held with Board membersec present telephonically

.

244

245

246

247

248

249

250

251

252

253

eld)

Section 5 of the

Act requires the Board to hold

254

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

255

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

256

membersMembers may call a special or emergency meeting of the Board that is

257

open to the public

.

258

---

B)

JCAR022175-0614990r01

259

(Source: Amended at 30 Ill. Reg. 14990, effective August 29, 2006)

260

261

Section 2175.125 Public Notice of Open Board Meetings and Closed Deliberative Sessions

262

263

a)

Public Notice of Regular Open Board Meetings and Closed Deliberative Sessions

.

264

265

1l

The Board adopts annual schedules of open meetings and closed

266

deliberative sessions

. Regular open Board meetings are generally held

267

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

268

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

269

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

.

270

Regular closed deliberative sessions are generally held twice a month,

271

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

272

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

273

are subject to change .

274

275

)

Notification ofregular open Boardthese meetings is given in the Board's

276

Environmental Register , a monthly publication available in hard copy and

277

on the Board's Web site lame-Page (see Section 2175 .310 of this Part)

.

278

Notification of all regular open Board meetings and closed deliberative

279

sessions is also providedposted pursuant to Sections 2 .02 and 2.03 of the

280

Open Meetings Act [5 ILCS 120/2 .02 and 2 .03]

.

281

282

A)

At least 48 hours before each regular open Board meeting and

283

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

284

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

285

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

286

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

287

until the regular meeting or session is concluded

.

288

289

290

291

292

293

294

295

296

297

298

13)

299

300

301

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 ofregular open Board meetings also

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

Teleconferencing.The Board attemptsto hold one mooting every quarter via

Both lecations arcopen to the public

.

---

302

lie)

Public Notice of Special or Emergency Meetings .

303

304

305

306

307

308

309

310

311

312

313

314

315

316

317

318

319

320

321

322

323

324

325

326

327

328

329

330

331

c)d)

332

333

334

335

336

337

338

339

340

341

342

343

344

(Source: Amended at 30 Ill . Reg. 14990, effective August 29, 2006)

1)

JCAR022175-0614990r01

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

closed deliberative session, notice Netiee-of a special or emergency

meetin

will generally be given to all Board members and the

public at least 48 hours prior to the meeting .

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,

.

.

.

e :-

e

otice

to the public of an emergency meeting will be given as soon as is

reasonablyfar in advance as

iG

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 2175.3 10 of this Part), pursuant to Section 2 .02 of the Open

Meetings Act [5 ILCS 120/2 .021

.

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 .021, 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 f 5 ILCS 120/2a] (see Section 2175 .120(c) of this Part) .

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 thatwhieh 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

.

---

JCAR022175-0614990r01

345

346 Section 2175.130 Agenda of Open Board Meetings and Closed Deliberative Sessions

347

348

a)

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

349

deliberative sessions in accordance with Section 2 .02 of the Open Meetings Act

350

[5 ILCS 120/2 .02]

. Open Board meeting agendas contain the list ofrulemakings,

351

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

.

352

Closed deliberative session agendas contain the list of rulemakings, adjudicatory

353

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

354

and are posted at the Board's Chicago office, at any other location where the

355

meeting or session is to be held, e€fees and on the Board's Web sitel4effle Page

356

(see Section 2175.310 of this Part) .

357

358

b)

The Board does not generally place any item on an open Board meetingthe

359

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

360

meeting .

361

362

c)

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

363

or closed deliberative session and, as provided for in Section 2 .02(a) of the Open

364

Meetings Act [5 ILCS 120/2 .02(a)], may consider items not specifically set forth

365

on the agenda

.

366

367

(Source: Amended at 30 Ill. Reg. 14990, effective August 29, 2006)

368

369

Section 2175.135 Minutes ofOpen Board Meetings ; Minutes and Verbatim Record of

370

Closed Deliberative Sessions

371

372

a)

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

373

Section 2.06(a) of the Open Meetings Act [5 ILCS 120/2 .06(a)l . Minutes of all

374

such meetings will

. -- S .-- I

be available to the

375

public at the Clerk's Office andef on the Board's Web site;

age (see Section

376

2175.310 of this Part302) within seven days of approval of the minutes . The

377

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

378

initial posting [5 ILCS 120/2.06(b)1

. The minutes will include the time, date, and

379

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

380

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

381

physically, by videoconference, or telephonically

.

382

383

b)

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

384

with Section 2.06(a) of the Open Meetings Act [5 ILCS 120/2 .06(a)1 . Minutes of

385

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

386

2.06(d) and (f) of the Open Meetings Act [5 ILCS 120/2 .06(d) and(f)].The

387

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

---

Control Board, but which may not be paid in cash :

Petition for Site-Specific Regulation, $75 ;:

Petition for Variance, $75 ;:

Petition for Review ofIllinois Environmental Protection Agency (Agency)

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

final appeal determination pursuant to Section 40 of the Illinois

JCAR022175-0614990r01

388

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

389

whether the members were present physically, by videoconference, or

390

telephonically

.

391

392

c3

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

393

form of an audio or video recording in accordance with Section 2 .06(a) of the

394

Open Meetings Act [5 ILCS 120/2 .06(a)]. Verbatim recordings of all such

395

sessions will be available to the public only as provided in Section 2 .06(c) and (e)

396

of the Open Meetings Act [5 ILCS 120/2.06(c) and(e)1

.

397

398

(Source: Amended at 30 Ill. Reg. 14990, effective August 29, 2006)

399

400

Section 2175.140 Accessibility of Open Board Meetings and Hearings

401

402

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

403

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

404

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

405

contact theDorothy Gunn, Clerk of the Board; at 100 W. Randolph Street, Suite 11-500, Chicago,

406

Illinois 60601 or at 312/814-3620 at leastwithin five (5) days prior to a Board meeting or

407

hearing .

408

409

(Source: Amended at 30 Ill . Reg. 14990, effective August 29, 2006)

410

411

SUBPART B: FEES AND FORMS OF PAYMENT

412

413

Section 2175.200 Filing Fees

414

415

a)

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

416

Act

f

415 ILCS 5/7.51 mustshall pay that fee at

417

the time the petition is presented to the Clerk for filing

.

418

419

b)

The following initial filings require filing fees and will only be considered filed

420

when accompanied by the appropriate fee,

421

-

422

423

424

425

426

427

428

429

430

---

431

432

433

434

435

436

437

438

439

440

441

442

443

444

445

446

447

448

449

450

451

452

453

454

455

456

457

458

459

460

461

462

463

464

465

466

467

468

469

470

471

472

473

c)

(Source: Amended at 30 Ill. Reg. 14990, effective August 29, 2006)

Section 2175.205 CopyingPhoteeepying Fees

a)

MostAI1 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 mademay be copied at the Board officeofficcG in

Chicago upon payment of reasonable reproduction fees {115 ILCS 5/7} as

follows :

DO

JCAR022175-0614990r01

Env ironmental Protect ion Act [415 ILCS 5/40], $75 ;:

4)

Petition to Contest Local Government Pollution Control Facility Siting

Decision, pursuant to Section 40.1 of the

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

5)

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 thatwhich is not accompanied by the

required fee. The fee must be paid in the form specified in Section 2175 .215 of

this Partthcsc rules .

d)

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

without cost, irrespective of length, with anythe dissenting and/of

concurring opinions opinion s) . Hard copiesCopics of multiple opinions

and orders cost 75 cents per page .

23b)

Hard copies of hearing transcripts-tiring Transcripts cost 75 cents per

page .

Hard copies of allAll other documents cost 75 cents per page

.

transcripts free of charge

.

4)

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

.

b)

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

transcripts free of charge

.

---

474

475

476

477

478

479

480

481

482

483

484

485

486

487

488

489

490

491

492

493

494

495

496

497

498

499

500

501

502

503

504

505

506

507

508

509

510

511

512

513

514

515

516

JCAR022175-0614990r01

c)

Fees will be waived or reduced if :

I

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

Assembly; or

2)

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. 14990, effective August 29, 2006)

Section 2175.210 CopyingPhotocopying Procedures

a)

All files, records, and data may be copied at the Board'sBoard offices in Chicago

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

FOIA [5 ILCS 140/71. (See Section 2175 .300 of this Part.) [115 ILCS 5/7]

.

b)

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

.

c)

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

practicablepessible . Requests to receivefer 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. 14990, effective August 29, 2006)

Section 2175.215 Forms ofOf Payment

a)

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 .

b)

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)

.

JCAR022175-0614990r01

517

518

519

520

521

c)b)

If'n

at a check for filing fees, paid pursuant toSection 7 .5 of the

522

is not honored by petitioner's bank, the

523

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

524

check or money order. Failure to make payment may subject petitionerthe parties

525

to sanctions, including penalties as provided for in the Board's procedural rules

.

526

(See 35 111. Adm. Code 101.8000.)

527

528

die)

Ifln

ent that a check for copyingpheteeopying feescharges is not honored by

529

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

530

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

531

that co

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

532

the conveyance of material for any entityf-rm or individual who remits to the

533

Board a check thatwhich subsequently is not honored by the remitter's bank

.

534

535

(Source: Amended at 30 Ill. Reg. 14990, effective August 29, 2006)

536

537

Section 2175.220 Other Fees/Costs

538

539

The Board may, in its procedural rules (see 35 Ill . Adm. Code 101 . 1304-M), provide for the

540

payment of certain types of its costs where appropriate

.

541

542

(Source: Amended at 30 Ill . Reg. 14990, effective August 29, 2006)

543

544

SUBPART C: PUBLIC INFORMATION

545

546

Section 2175.300 Files Open to Reasonable Inspection

547

548

a)

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

549

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

550

jurisdiction. The '

. ,

files will include: pleadings,

551

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

552

adopted regulations, the Environmental Register and other Board releases,

553

business records, and informal complaints

.

554

555

b)

Pursuant to Section--1-o the Illinois State Records Act, the Clerk willc hall

556

maintain for five (3) years; all documents submitted by the parties in rulemaking

557

and-adjudicatory cases and participants in rulemaking [5 ILCS 1604j. After five

558

(3) years, the documents willchall be microfilmed and the microfilm willchall be

559

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

---

560

561

562

563

564

565

566

567

568

569

570

571

572

573

574

575

576

577

578

579

580

581

582

583

584

585

586

587

588

589

590

591

592

593

594

595

596

597

598

599

600

601

602

JCAR022175-0614990r01

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

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

participants at their request or destroyed

.

c)

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. 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.only

. Such types of material include but are not

limited to :

1) Documents filed in an adjudicatorywithin-a case or rulemaking, including ;

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

hearings, and public comments ;

2)

Opinions and orders&Orders of the Board

;

3)

DocumentsCopics of documents published by the Board for use by the

general public, such as the Environmental Register .

d)

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

•

_ - -

.

.

.

•

. -

. ' [5 ILCS 140/7],

including bu4 net liniited 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

.

e) The Board has adopted procedural rules at 35 Ill . Adm. Code 130120 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

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

1301no )

(Source: Amended at 30 Ill. Reg. 14990, effective August 29, 2006)

Section 2175.305 Publications

a)

Environmental Register

1)

The Board's monthly publication, theBoard will publish an Environmental

Register, containseentaining reports of the Board's activities and notices of

---

603

604

605

606

2)

607

608

609

610

611

612

613

3)

614

615

616 b)

Opinions, Orders, Regulations

617

618

619

620

621

622

623

624

625

626

627

628

629

630

631

632

633

c)

634

635

636

637

638

639

640

641

642

643

644

645

3)

JCAR022175-0614990r01

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

the Board's Chicago and Springfield officesOfficco .

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

defraydefer 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 Web

site Ieme-Page secas described at Section 2175 .310 of this Part) .

1)

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

provided at Section 2175.205 of this Part, including through the Board's

Web site (see Section 2175 .310 of this Part)(a).

2)

Annual Report

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 .

1)

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

includes infonnation 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

.

2)

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 officesOfficcs . The Annual Report is also available free of

charge from the Board's Web site (see Section 2175 .310 of this Part)

.

---

646

d)

Illinois Register

647

648

649

650

651

652

653

654

655

656

657

658

659

660

661

662

663

664

665

666

667

668

669

670

671

672

673

674

675

676

677

678

679

680

681

682

683

684

685

686

687 (Source :

688

1)

Required Filings. The Illinois Register is a publication containing all

Statectato 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

:

JCAR022175-0614990r01

A)

Notice of all proposed and adopted regulations as required by

Section 5-40 of the IAPA [5 ILCS 100/5-401. The notices describe

the rules, contain contact names for questions and provide

directions for participation at public hearings and submission of

written comments .

B)

Notice of all emergency and peremptory regulations as required by

Sections 5-45 and 5-5046 of the IAPA

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

describe the rules and contain contact names for questions

.

C)

Amended at 30 111. Reg. 14990, effective August 29, 2006)

Results of Board determinations in adjusted standards proceedings

pursuant to Section 28.1 of the

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 .

D)

A regulatory agenda settingwhich set:, forth rules thatwhieh the

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

listsis to list rules beforein 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

.

2)

Discretionary filings_; Section 7 .3 of the

Act [415 ILCS 5/7 .3] and Section 5-70(b) of the IAPAIllineis

Administrative Procedure Act [5 ILCS 100/5-70(b)] 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

Act [415 ILCS 5/7 .2] .

---

JCAR022175-0614990r01

689

Section 2175.310 Board Web Site

690

691

a)

The Board maintains a Web site with information that Home Page on the World

692

693

The Beard's Home Page includes, but is

limited to, the following

updated .

not

694

information :

695

696

1)

Board Members' Profiles and a Citizen's Guide to the Board

;

697

698

2)

Environmental Register;

699

700

3)

Open Board Meeting and Closed Deliberative Session Dates and Agendas ;

701

702

4)

Procedural Rules in Title 35 of the Illinois Administrative Code

;

703

704

5)

Administrative Rules in Title 2 of the Illinois Administrative Code ;

705

706

6)

Annual Reports;

707

708

7)

Summary of Pending Rulemakings;

709

710

8)

Summary of Recent Legislation; Affecting the Board

711

712

9)

Open Board MeetingMinutes ;

713

714

10)

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

715

electronic docketing system for rulemakings and adjudicators cases,

716

containing Board opinions and orders, hearing transcripts, and participant

717

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

718

719

11)

Environmental Regulations in Title 35 of the Illinois Administrative Code

;

720

721

1

The Act [415 ILCS 51 ; and

722

723

13)

Formal and informal complaint forms

.

724

725

b)

The information on the Board's Web site

can be downloaded free of

726

Board charges. The Web siteHomo Page can be accessed through the Internet

727

using any commercially available on-line service . The Web siteHexne gage can

728

be accessed directly atria the following electronic address

:

729

730

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

731

---

JCAR022175-0614990r0l

732

c)

The Board's Web siteHome Pago can also be accessed through the State of Illinois

733

Web siteHome Page (under the "Agencies" option) at the following electronic

734

address :

735

736

http://www.illinois.gov/govemment/agency .cfnbttp ://www.state.il .us/

737

738

(Source: Amended at 30 Ill. Reg. 14990, effective August 29, 2006)

739

740

Section 2175.315 Documents Prepared by the Clerk's Office

741

742

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

Officeeffice for internal use by

743

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

744

docket sheets, listings ofadjudicators cases and rulemakings by type and statustracking sheets .

745

Hard copiesCopics will be available within five (5) working days of a request at a cost of $5 .00

746

per page .

747

748

(Source: Amended at 30 Ill. Reg. 14990, effective August 29, 2006)

749

750

Section 2175.320 Requests for Information

751

752

a)

753

754

755

756

757

758

759

b)

A formal request for information pursuant to

760

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

761

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

762

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

763

the timeframetime € ame requirements set forth in FOIA

. The FOIA requires an

764

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

765

the formal request, subject to extension

.

766

767

1)

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

768

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

769

Board. The notice of appeal mustshel-l include a copy of the formal

770

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

771

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

772

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

773

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

.

774

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 Officee€fee to provide the material. Inspection of documents can only

take place at the Clerk's Office

.

---

A

Procedural Rules

B

Air Rules

C

Water Rules

•

Mine Rules

•

Livestock Waste

F

Public Water Supplies

•

Waste Disposal

•

Noise Rules

I

Nuclear Radiation

M

Biological Materials

789

790

b)

791

792

793

794

795

796

SUBPART E: RULEMAKING

797

798

Section 2175.500 Proposals

799

800

a)

Rulemaking procedures are set out in the Board's procedural rules at

35 Ill. Adm .

801

Code 102

.

802

803

1)

The Act provides for five types of rulemakings

:

804

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

rules of the

. -

: '

:

;-' ;-Agency

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

.

JCAR022175-0614990r01

775

2)

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

776

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

777

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

.

778

779

(Source: Amended at 30 Ill. Reg. 14990, effective August 29, 2006)

780

781

SUBPART D: ACCESS TO BOARD RULES

782

783

Section 2175.400 Access to Board Rules in the Illinois Administrative Code

784

785

a)

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

786

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

787

particular Subtitle as set out below

:

788

SUBTITLE

SUBJECT MATTER

(Source: Amended at 30 Ill . Reg. 14990, effective August 29, 2006)

---

JCAR022175-0614990r01

805

A)

Identical-in-substance rulemakings, as defined in Sections 7 .2,

806

13 .3, 28 .2, and 28.4 of the Act [415 ILCS 5/7 .2, 13.3, 28.2, and

807

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

808

809

B)

Federally required rules, as defined in Section 28 .2 of the Act [415

810

ILCS 5/28 .21 (see 35 Ill. Adm. Code 102.Subpart E),

811

812

C)

Other regulatory proposals, both of general applicability and not of

813

general applicability, as allowed by Sections 26, 27, and 28 of the

814

Act [415 ILCS 5/26, 27, and 281 (see 35 Ill. Adm. Code

815

102.Subpart B) ;

816

817

D)

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

818

the Act [415 ILCS 5/28 .51 (see 35 Ill. Adm. Code 102.Subpart C) ;

819

and

820

821

E)

Updating incorporations by reference, as allowed by Section 28 .6

822

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

823

824

)

The IAPA provides for three types of rulemakings

:

825

826

A)

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

827

100/5-401, which includes first notice and second notice (see 35 Ill

.

828

Adm. Code 102.600-102.608);

829

830

> )

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

831

ILCS 100/5-451 (see 35 111. Adm. Code 102 .612) ; and

832

833

C)

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

834

ILCS 100/5-501 (35 Ill. Adm. Code 102 .614) .

835

836

b)

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

837

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

838

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

839

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

840

ILCS 5/28 .51 . Proposals made by the Agency, Department, or Board are

841

automatically scheduled for hearings

.

842

843

c)

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

844

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

845

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

846

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

.

847

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

---

848

849

850

851

852

853

854

855

Section 2175.505 Initial-Hearing

856

857

858

859

860

861

862

863

864

865

866

867

868

869

870

871

872

873

874

875

876

877

878

879

880

881

882

883

884

885

886

887

888

889

890

JCAR022175-0614990r01

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. 14990, effective August 29, 2006)

a)

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 Ilearing Officer), testify, and submit evidence,

except as limited by the Hearing Officer or Board procedural rule

.

b)

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 receiptelose 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

IAPA) [5 ILCS 100]

.

(Source: Amended at 30 111. Reg. 14990, effective August 29, 2006)

Section 2175.510 First Notice

a)

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

theAPAIAPA 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

.

b)

The public has a right to comment on the proposed rules during the firstnotice

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

100/5-40] .

c)

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

may, after hearingin general, revise the proposed regulation before adoption

without conducting further hearings [415 ILCS 5/28]

.

(Source: Amended at 30 Ill. Reg. 14990, effective August 29, 2006)

Section 2175.515

Second Notice

---

JCAR022175-0614990r01

891

892

a)

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

893

second notice pursuant to Section 5-40 of the APAIAPA [5 ILCS 100/5-40], for

894

review by the Joint Committee on Administrative Rules (JCAR)

.

895

896

b)

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

897

amended in response to JCAR recommendations

.

898

899

(Source: Amended at 30 111 . Reg. 14990, effective August 29, 2006)

900

901

Section

2175.520

Adopted Rules

902

903

a)

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

904

opinion and order adopting the new or amended rules and setting forth the reasons

905

for adoption

.

906

907

b)

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

908

the Illinois Register along with supporting information

.

909

910

(Source: Amended at 30111. Reg. 14990, effective August 29, 2006)

911

912

Section

2175.525

Emergency Rules

913

914

Pursuant to the Illinois Emergency Management Agency Act [20 ILCS 3305/71111i ;;Ric

915

Emergency Services and Disaster Act of 1975 [65 ILCS 5}, on proclamation by the Governor;

916

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

917

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

918

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

919

regulation continues in effect 1415 ILCS 5/27(c)j

. When such an emergency exists, or when the

920

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

921

safety, or welfare, the customary 45 day notice periodprovision is waived; however, notice and

922

text of the emergency rule must be published in the Illinois Register

f

5 ILCS 100/5-45(b)j. An

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

924

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

925

rulemaking procedures .

926

927

(Source: Amended at 30 Ill. Reg. 14990, effective August 29, 2006)

928

929

Section

2175.530

Peremptory Rules

930

931

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

932

adopt a certain rule, that rule need not be published in the Illinois Register until it has been

933

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

---

JCAR022175-0614990r01

934

of the adopted rule must be published in the Illinois Register pursuant to Section 5-70 of the

935

APAIAPA [5 ILCS 100/5-70] .

936

937

(Source: Amended at 30 Ill. Reg. 14990, effective August 29, 2006)

938

939

Section 2175.535 Rules Identical-In-Substance toAdoption o€ Federal Regulations

940

941

a)

The Board adopts regulations in the following programs pursuant to Section 7

.2

942

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

943

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

944

5-40 of the IAPAIllinois Administrative Procedure Act [5 ILCS 100/5-35 and 5-

945

40]

:

946

947

la)

948

949

950

2b)

951

952

953

954

955

956

4d)

957

958

959

5e)

960

961

962

963

964

965

966

967

79)

968

969

970

971

972

973

974

975

Exemptions from the definition of volatile organic material : Section

9.1(e) of the

Act [415 ILCS 5/9 .1(e)],

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

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

3e)

Wastewater pretreatment : Section 13 .3 of the

Protection Act [415 ILCS 5/13 .3],

Safe Drinking Water Act (SDWA) : Section 17 .5 of the Illinois

Act [415 ILCS 5/17.5],

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

waste (RCRA Subtitle C) :

Section 22.4(a) of the

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

64)

RCRA

Protection Act, Subtitle ,

22.4(d) of the

UST): Section

Act [415 ILCS 22 .4(d)],

RC'

•

' :

•.

. -

. .

•

: ' --: -

, Subtitle D municipal

solid waste landfills (RCRA Subtitle D)

: Section 22.40(a) of the Illinois

Act [415 ILCS 5/22 .40(a)]

.

b)

Section 7.2(b) of the Act [415 ILCS 5/7 .2(b)1 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

---

JCAR022175-0614990r01

976

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

977

Register .

978

979

c)

Because Sections 5-35 and 5-40 of the IAPA (5 ILCS 100/5-35 and 5-40) do not

980

apply to identical-in-substance rulemaking under Section 7 .2 of the Act (415

981

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

982

second notice, and final adoption .

983

984

(Source: Amended at 30 Ill . Reg. 14990, effective August 29, 2006)

985

986

Section

2175.540

Federally Required Rules

987

988

Under Section 28.2 of the Act [415 ILCS 5/28 .21, the Board may adopt a "required rule."A

989

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

990

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

991

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

992

2175.535 of this Part) [415 ILCS 5/28.2(a)1

.

993

994

(Source: Added at 30 Ill . Reg. 14990, effective August 29, 2006)

995

996

Section2175.545Generally Applicable Rules and Site-Specific Rules

997

998

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

999

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

1000

26 of the Act [415 ILCS 5/261, the Board may adopt such procedural rules as may be necessary

1001

to accomplish the purposes of the Act

.

1002

1003

(Source: Added at 30 Ill. Reg. 14990, effective August 29, 2006)

1004

1005

Section2175.550Clean Air Act Fast-Track Rulemaking

1006

1007

Under Section 28.5 of the Act [415 ILCS 5/28 .51, the Board mayadopt rules proposed by the

1008

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

1009

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

1010

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

1011

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

1012

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

1013

adopt such rules[415 ILCS 5/28 .5(a) and(c)1

.

1014

1015

(Source: Added at 30111. Reg. 14990, effective August 29, 2006)

1016

1017

Section2175.555Updating Incorporations By Reference

1018

---

JCAR022175-0614990r01

1019

Under Section 28.6 of the Act [415 ILCS 5/28 .61, the Board may update an incorporation by

1020

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

1021

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

1022

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

1023

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

1024

its successor document

.

1025

1026

(Source: Added at 30111. Reg. 14990, effective August 29, 2006)

1027

1028

SUBPART F: ADJUDICATORY PROCEEDINGS

1029

1030

Section 2175.600 Adjudicatory Proceedings

1031

1032

a)

The Board is authorized to hear the following types of adjudicatory cases : (See 35

1033

111. Adm. Code 101-130120 for procedural rules governing the processing of these

1034

cases.)

1035

1036

1)

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

1037

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

1038

complaint pursuant to Section 31 of the

1039

Act [415 ILCS 5/31] .

1040

1041

2)

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

1042

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

1043

issued a permit by the

Agencypursuant

1044

to Section 39 of the Illinois Environmental P rotection Act [115 ILCS

1045

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

1046

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

1047

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

1048

denies a National Pollutant Discharge Elimination System (NPDES)

1049

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

1050

the decision of the Agency [415 ILCS 5/40(b), (e)(1)1

.

(See 35 Ill. Adm .

1051

Code 105 .)

1052

1053

3)

Pollution Control Facility Siting Review. An applicant for local siting

1054

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

1055

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

1056

of a municipality

1057

may

1058

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

1059

40.1 (a) of the

Act [415 ILCS 5/40.1(a)] .

1060

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

1061

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 .)

1062

1063

1064

1065

4)

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

1066

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

1067

pursuant to Section 37 of the

Act [415

1068

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

1069

of the Act [415 ILCS 5/28 .1]

.

(See 35 Ill. Adm. Code 104 .):

1070

1071

5)

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

1072

trade secret determination made by the

1073

Agency or the Illinois Department of Natural Resources may contest that

1074

determination beforete the Board .

(See 35 Ill. Adm. Code 130 .)

1075

1076

6)

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

1077

Eligibility or Deductibility Determinationto UST Program. Owners or

1078

operators ofUSTs

who have been denied

1079

eligibility by the OSFM to access theUST

1080

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

1081

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

1082

Fire Marshal may petition for review pursuant to Section 57 .9(c) of the

1083

: ,

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

(See 35 Ill .

1084

Adm. Code 105 .)

1085

1086

7)

Appeal of Agency Decisions Regarding UST Program. Owners or

1087

operators ofUSTs .

-

: : :

who have been denied

1088

requested UST Fund reimbursement or UST cleanup approvals by the

1089

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

1090

:

•

Act [415 ILCS 5/40]

.

(See 35 Ill. Adm. Code

1091

105 .)

1092

1093

8)

Tax

Certifications

. Under

1094

Code, the Board may issue a

1095

"pollution control

1096

emission coal

1097

10, 11-401

.

application to the Agency

.

1099

Board a recommendation

certificate. An applicant who wishes to contest an

1101

recommendation

1102

with the

1103

1104

the Property Tax

certificate finding that a facility is a

facility" orthat

-401

•

A person seeking a tax certificate must first submit an

The Agency is then required to file with the

dation on whether the Board should issue the

Agency

that the Board deny tax certification may file a petition

Board. (See 35 Ill. Adm. Code 125

.

to tax

treatment as a pollution control facility as defined

a device is a "low sulfur dioxide

fueled device" for property tax purposes [35 ILCS 200/11-

in Section 11 10

JCAR022175-0614990r01

---

1105

1106

1107

1108

1109

1110

1111

1112

1113

1114

1115

1116

1117

1118

1119

1120

1121

1122

1123

1124

1125

1126

1127

1128

9)

Administrative Citations. The Agency or a unit of local government

delegated authority by the Agency; may issue administrative citations for

violations of

, Section 21(o) and

(p) of the Act [415 ILCS 5/21(o) and(p)1 . -a+id Thesethcec citations

are-shall be enforceable by filing copies with the Board pursuant to Section

31 .1 of the

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

Act by filing a petition with the Board

and the Agency pursuant to Section 14.2 of the

Potion Act [415 ILCS 5/14.2]

.

(See 35 111. Adm. Code 106 .)

11)

Other. Any other proceedings which arc authorized by the Illinoia

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. 14990, effective August 29, 2006)

JCAR022175-0614990r01

---

1129

Section 2175.APPENDIX A Organizational Chart

1130

1131

1132

Senior

Environmental

Scientist

Environmental

Scientist

Attorney

MEMBER

Attorney

Assistant

Private

Secretary

Senior

Attorney

Staff

Attorney

MEMBER

Attorney

Assistant

Private

Secretary

Rulemakinq

Coordinator

Hearinq

Officer

CHAIRMAN

Attorney

Private

Assistant

Secretary

H

Administrative

Assistant

Executive Coordinator

Executive

Clerk of

Secretary

the

Board

Hearing

Officer

Assistant

Clerk

Paraleqal

Assistant

JCAR022175-0614990r01

MEMBER

Attorney

Assistant

Accountant

Private

Secretary

Fiscal

Officer

Human

Resource

Manager

MEMBER

Attorney

Assistant

Information

Information

Systems

Systems

Analyst

Analyst

Public

Information

Coordinator

Information

Systems

Analyst

---

1133

1134

1135

JCAR022175-0614990r01

(Source: Amended at 30 Ill. Reg. 14990, effective August 29, 2006)