Section 301.108  Adjusted Standards

a)         After adopting a regulation of general applicability, the Board may grant, in a subsequent adjudicatory determination, an adjusted standard for persons who can justify such an adjustment consistent with subsection (a) of section 27 of the Illinois Environmental Protection Act. In granting such adjusted standards, the Board may impose such conditions as may be necessary to accomplish the purposes of the Illinois Environmental Protection Act. The rulemaking provisions of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1987, ch. 127, par. 1001 et seq.) and Title VII of the Environmental Protection Act shall not apply to such subsequent determinations. (Section 28.1(a) of the Act)

b)         In adopting a rule of general applicability, the Board may specify the level of justification required of a petitioner for an adjusted standard consistent with this Section. (Section 28.1(b) of the Act)

c)         If a regulation of general applicability does not specify a level of justification required of a petitioner to qualify for an adjusted standard, the Board may grant individual adjusted standards whenever the Board determines upon adequate proof by petitioner, that:

1)         Factors relating to that petitioner are substantially and significantly different from the factors relied upon by the Board in adopting the general regulation applicable to that petitioner;

2)         The existence of those factors justifies an adjusted standard;

3)         The requested standard will not result in environmental or health effects substantially and significantly more adverse than the effects considered by the Board in adopting the rule of general applicability; and

4)         The adjusted standard is consistent with any applicable federal law.

(Section 28.1(c) of the Act)

(Source:  Added at 14 Ill. Reg. 2879, effective February 13, 1990)