(415 ILCS 5/28.1) (from Ch. 111 1/2, par. 1028.1)
Sec. 28.1.
(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 this Act. In granting such adjusted
standards, the Board may impose such conditions as may be necessary to
accomplish the purposes of this Act. The rule-making provisions of the
Illinois Administrative Procedure Act and Title VII of this Act shall not
apply to such subsequent determinations.
(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.
(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.
(d) The Board shall adopt procedures applicable to such adjusted
standards determinations which, at a minimum, shall
provide: (1) that the petitioner shall submit to the Board proof that,
within 14 days after the filing of the petition, it has published notice of
the filing of the petition by advertisement in a newspaper of general
circulation in the area likely to be affected, including the nature of the
relief sought and advising of the right of any person to request a hearing
within 21 days of the publication of the notice;
(2) that if the Board in its discretion determines that a hearing would be
advisable, or upon the request of any person received by the Board within
21 days after publication of the notice of the filing of the petition, the
Board shall hold a public hearing on the petition, and at least 20 days
before the hearing the Board shall publish notice of the
hearing by advertisement in a newspaper of general circulation in the area
likely to be affected; and (3) that the Board
shall issue an order and opinion
stating the facts and reasons leading to the final Board determination.
Such Board orders and opinions shall be maintained for public inspection by
the Clerk of the Board and a listing of all determinations made pursuant to
this Section shall be published in the Illinois Register and the
Environmental Register at the end of each fiscal year. The Agency shall
participate in proceedings pursuant to this Section.
The Board may grant adjusted standards under this Section prior to adopting
procedures applicable to such adjusted standard determinations.
(e) If any person files a petition for an individual adjusted
standard in lieu of complying with the applicable regulation within 20 days
after the effective date of the regulation, the operation of the regulation
shall be stayed as to such person pending the disposition of the petition;
provided, however, that the operation of any regulation shall not be stayed
if that regulation was adopted by the Board to implement, in whole or in
part, the requirements of the federal Clean Air Act, Safe Drinking Water
Act or Comprehensive Environmental Response, Compensation and Liability
Act, or the State RCRA, UIC or NPDES programs. The Board may, at any time
after the petition is filed, dismiss the petition if it determines that the
petition is frivolous or duplicative, or that the petitioner is not
pursuing disposition of the petition in a timely manner.
(f) Within 20 days after the effective date of any regulation that
implements in whole or in part the requirements of the Clean Air Act, if
any person files a petition for an individual adjusted standard in lieu of
complying with the regulation, such source will be exempt from the
regulation until the Board makes a final determination on the petition. If
the regulation adopted by the Board from which the individual adjusted
standard is sought replaces a previously adopted Board regulation, the
source shall be subject to the previously adopted Board regulation until
final action is taken by the Board on the petition. In its final action on
the petition, the Board shall either establish an adjusted standard for the
source or adopt a standard for the source that is the same as that
contained in the regulation from which the adjusted standard was sought.
(g) A final Board determination made under this Section may
be appealed pursuant to Section 41 of this Act.
(h) This Section shall not be construed so as to affect or limit the
authority of the Board to adopt, amend or repeal regulations specific to
individual persons, geographic areas or sites pursuant to Sections 27 and 28
of this Act, or so as to affect or impair the validity of any existing
regulations.
(i) Any person who files a petition for an adjusted standard under this
Section shall pay a filing fee.
(Source: P.A. 85-1440.)
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