June 3, 2004 - The Illinois Pollution Control Board on June 3, 2004 denied a motion from the Illinois Environmental Protection Agency (IEPA) to adopt emergency rules for the petroleum leaking underground storage tank program. The Illinois Administrative Procedure Act (APA) allows emergency rulemaking when a situation “reasonably constitutes a threat to the public interest, safety, or welfare.” After considering the Board’s recent history of emergency rulemaking, and appellate case law under the APA, the Board found no “emergency” existed under the APA. The Board will, however, expeditiously continue the regular rulemaking process for adoption of permanent rules.
Illinois Pollution Control Board Denies Motion for Emergency Rules for Leaking
Underground Storage Tank ProgramThe Illinois Pollution Control Board on June 3, 2004 denied a motion from the IllinoisEnvironmental Protection Agency (IEPA) to adopt emergency rules for the petroleumleaking underground storage tank program.
Adm.
Code 734), also respond to recent legislation.
1, 2004).
In Illinois Ayers, the Board
considered the legal status of an IEPA “rate sheet”, which limits the amount reimbursablefor corrective action at a leaking underground storage tank site.
1987), citing Senn Park Nursing
Center v. Jeffrey C. Miller, 104 Ill. Additional hearings in these rulemakings ar...
Allowed
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