In support of this request, the Illinois EPA states as follows:
I.
THE BOARD HAS LIMITED AUTHORITY PURSUANT TO SECTION
28.5 OF THE ENVIRONMENTAL PROTECTION ACTIn the Motion, Participants argue that the Illinois EPA’s Mercury RulemakingProposal ("Rulemaking Proposal") does not meet the prerequisites of Section 28.5 of theEnvironmental Protection Act (“Act”) (415 ILCS 5/28.5).
However, that argument
assumes that the Board has a broader scope of review in terms of rulemaking proposalsthan is actually conferred by Section 28.5.
The Board has held that its ...
Allowed
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