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92_HB4883 LRB9211902LBpr 1 AN ACT concerning the environment. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Environmental Protection Act is amended 5 by changing Section 28.5 as follows: 6 (415 ILCS 5/28.5) (from Ch. 111 1/2, par. 1028.5) 7 (Section scheduled to be repealed on December 31, 2002.) 8 Sec. 28.5. Clean Air Act rules; fast-track. 9 (a) This Section shall apply solely to the adoption of 10 rules proposed by the Agency and required to be adopted by 11 the State under the Clean Air Act as amended by the Clean Air 12 Act Amendments of 1990 (CAAA). 13 (b) This Section is repealed on December 31, 2002. 14 (c) For purposes of this Section, a "fast-track" 15 rulemaking proceeding is a proceeding to promulgate a rule 16 that the CAAA requires to be adopted. For purposes of this 17 Section, "requires to be adopted" refers only to those 18 regulations or parts of regulations for which the United 19 States Environmental Protection Agency is empowered to impose 20 sanctions against the State for failure to adopt the
such21 rules. All fast-track rules must be adopted under procedures 22 set forth in this Section, unless another provision of this 23 Act specifies the method for adopting a specific rule. 24 (d) When the CAAA requires rules other than identical in 25 substance rules to be adopted, upon request by the Agency, 26 the Board shall adopt rules under fast-track rulemaking 27 requirements. 28 (e) The Agency shall submit its fast-track rulemaking 29 proposal in the following form: 30 (1) The Agency shall file the rule in a form that 31 meets the requirements of the Illinois Administrative -2- LRB9211902LBpr 1 Procedure Act and regulations promulgated thereunder. 2 (2) The cover sheet of the proposal shall 3 prominently state that the rule is being proposed under 4 this Section. 5 (3) The proposal shall clearly identify the 6 provisions and portions of the federal statute, 7 regulations, guidance, policy statement, or other 8 documents upon which the rule is based. 9 (4) The supporting documentation for the rule shall 10 summarize the basis of the rule. 11 (5) The Agency shall describe in general the 12 alternative selected and the basis for the alternative. 13 (6) The Agency shall file a summary of economic and 14 technical data upon which it relied in drafting the rule. 15 (7) The Agency shall provide a list of any 16 documents upon which it directly relied in drafting the 17 rule or upon which it intends to rely at the hearings and 18 shall provide such documents to the Board. Additionally, 19 the Agency shall make such documents available at an 20 appropriate location for inspection and copying at the 21 expense of the interested party. 22 (8) The Agency shall include in its submission a 23 description of the geographical area to which the rule is 24 intended to apply, a description of the process or 25 processes affected, an identification by classes of the 26 entities expected to be affected, and a list of sources 27 expected to be affected by the rule to the extent known 28 to the Agency. 29 (f) Within 14 days of receipt of the proposal, the Board 30 shall file the rule for first notice under the Illinois 31 Administrative Procedure Act and shall schedule all required 32 hearings on the proposal and cause public notice to be given 33 in accordance with the Illinois Administrative Procedure Act 34 and the CAAA. -3- LRB9211902LBpr 1 (g) The Board shall set 3 hearings on the proposal, each 2 of which shall be scheduled to continue from day to day, 3 excluding weekends and State and federal holidays, until 4 completed. The Board shall require the written submission of 5 all testimony at least 10 days before a hearing, with 6 simultaneous service to all participants of record in the 7 proceeding as of 15 days prior to hearing, unless a waiver is 8 granted by the Board for good cause. In order to further 9 expedite the hearings, presubmitted testimony shall be 10 accepted into the record without the reading of the testimony 11 at hearing, provided that the witness swears to the testimony 12 and is available for questioning, and the Board shall make 13 every effort to conduct the proceedings expeditiously and 14 avoid duplication and extraneous material. 15 (1) The first hearing shall be held within 55 days 16 of receipt of the rule and shall be confined to testimony 17 by and questions of the Agency's witnesses concerning the 18 scope, applicability, and basis of the rule. Within 7 19 days after the first hearing, any person may request that 20 the second hearing be held. 21 (A) If, after the first hearing, the Agency 22 and affected entities are in agreement on the rule, 23 the United States Environmental Protection Agency 24 has not informed the Board of any unresolved 25 objection to the rule, and no other interested party 26 contests the rule or asks for the opportunity to 27 present additional evidence, the Board may cancel 28 the additional hearings. When the Board adopts the 29 final order under these circumstances, it shall be 30 based on the Agency's proposal as agreed to by the 31 parties. 32 (B) If, after the first hearing, the Agency 33 and affected entities are in agreement upon a 34 portion of the rule, the United States Environmental -4- LRB9211902LBpr 1 Protection Agency has not informed the Board of any 2 unresolved objections to that agreed portion of the 3 rule, and no other interested party contests that 4 agreed portion of the rule or asks for the 5 opportunity to present additional evidence, the 6 Board shall proceed to the second hearing, as 7 provided in paragraph (2) of subsection (g) of this 8 Section, but the hearing shall be limited in scope 9 to the unresolved portion of the proposal. When the 10 Board adopts the final order under these 11 circumstances, it shall be based on such portion of 12 the Agency's proposal as agreed to by the parties. 13 (2) The second hearing shall be scheduled to 14 commence within 30 days of the first day of the first 15 hearing and shall be devoted to presentation of 16 testimony, documents, and comments by affected entities 17 and all other interested parties. 18 (3) The third hearing shall be scheduled to 19 commence within 14 days after the first day of the second 20 hearing and shall be devoted solely to any Agency 21 response to the material submitted at the second hearing 22 and to any response by other parties. The third hearing 23 shall be cancelled if the Agency indicates to the Board 24 that it does not intend to introduce any additional 25 material. 26 (h) In any fast-track rulemaking proceeding, the Board 27 shall accept evidence and comments on the economic impact of 28 any provision of the rule and shall consider the economic 29 impact of the rule based on the record. The Board may order 30 an economic impact study in a manner that will not prevent 31 adoption of the rule within the time required by subsection 32 (o) of this Section. 33 (i) In all fast-track rulemakings under this Section, 34 the Board shall take into account factors set forth in -5- LRB9211902LBpr 1 subsection (a) of Section 27 of this Act. 2 (j) The Board shall adopt rules in the fast-track 3 rulemaking docket under the requirements of this Section that 4 the CAAA requires to be adopted, and may consider a 5 non-required rule in a second docket that shall proceed under 6 Title VII of this Act. 7 (k) The Board is directed to take whatever measures are 8 available to it to complete fast-track rulemaking as 9 expeditiously as possible consistent with the need for 10 careful consideration. These measures shall include, but not 11 be limited to, having hearings transcribed on an expedited 12 basis. 13 (l) Following the hearings, the Board shall close the 14 record 14 days after the availability of the transcript. 15 (m) The Board shall not revise or otherwise change an 16 Agency fast-track rulemaking proposal without agreement of 17 the Agency until after the end of the hearing and comment 18 period. Any revisions to an Agency proposal shall be based 19 on the record of the proceeding. 20 (n) All rules adopted by the Board under this Section 21 shall be based solely on the record before it. 22 (o) The Board shall complete a fast-track rulemaking by 23 adopting a second notice order no later than 130 days after 24 receipt of the proposal if no third hearing is held and no 25 later than 150 days if the third hearing is held. If the 26 order includes a rule, the Illinois Board shall file the rule 27 for second notice under the Illinois Administrative Procedure 28 Act within 5 days after adoption of the order. 29 (p) Upon receipt of a statement of no objection to the 30 rule from the Joint Committee on Administrative Rules, the 31 Board shall adopt the final order and submit the rule to the 32 Secretary of State for publication and certification within 33 21 days. 34 (Source: P.A. 90-265, eff. 7-30-97.) -6- LRB9211902LBpr 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.
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