Public Act 90-0265 of the 90th General Assembly
Public Act 90-0265
HB1386 Enrolled LRB9000168DPpc
AN ACT to amend the Environmental Protection Act by
changing Section 28.5.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended
by changing Section 28.5 as follows:
(415 ILCS 5/28.5) (from Ch. 111 1/2, par. 1028.5)
(Section scheduled to be repealed on December 31, 1997.)
Sec. 28.5. Clean Air Act rules; fast-track.
(a) This Section shall apply solely to the adoption of
rules proposed by the Agency and required to be adopted by
the State under the Clean Air Act as amended by the Clean Air
Act Amendments of 1990 (CAAA).
(b) This Section is repealed on December 31, 2002 1997.
(c) For purposes of this Section, a "fast-track"
rulemaking proceeding is a proceeding to promulgate a rule
that the CAAA requires to be adopted before December 31,
1996. For purposes of this Section, "requires to be adopted"
refers only to those regulations or parts of regulations for
which the United States Environmental Protection Agency is
empowered to impose sanctions against the State for failure
to adopt such rules. All fast-track rules must be adopted
under procedures set forth in this Section, unless another
provision of this Act specifies the method for adopting a
specific rule.
(d) When the CAAA requires rules other than identical in
substance rules to be adopted, upon request by the Agency,
the Board shall adopt rules under fast-track rulemaking
requirements.
(e) The Agency shall submit its fast-track rulemaking
proposal in the following form:
(1) The Agency shall file the rule in a form that
meets the requirements of the Illinois Administrative
Procedure Act and regulations promulgated thereunder.
(2) The cover sheet of the proposal shall
prominently state that the rule is being proposed under
this Section.
(3) The proposal shall clearly identify the
provisions and portions of the federal statute,
regulations, guidance, policy statement, or other
documents upon which the rule is based.
(4) The supporting documentation for the rule shall
summarize the basis of the rule.
(5) The Agency shall describe in general the
alternative selected and the basis for the alternative.
(6) The Agency shall file a summary of economic and
technical data upon which it relied in drafting the rule.
(7) The Agency shall provide a list of any
documents upon which it directly relied in drafting the
rule or upon which it intends to rely at the hearings and
shall provide such documents to the Board. Additionally,
the Agency shall make such documents available at an
appropriate location for inspection and copying at the
expense of the interested party.
(8) The Agency shall include in its submission a
description of the geographical area to which the rule is
intended to apply, a description of the process or
processes affected, an identification by classes of the
entities expected to be affected, and a list of sources
expected to be affected by the rule to the extent known
to the Agency.
(f) Within 14 days of receipt of the proposal, the Board
shall file the rule for first notice under the Illinois
Administrative Procedure Act and shall schedule all required
hearings on the proposal and cause public notice to be given
in accordance with the Illinois Administrative Procedure Act
and the CAAA.
(g) The Board shall set 3 hearings on the proposal, each
of which shall be scheduled to continue from day to day,
excluding weekends and State and federal holidays, until
completed. The Board shall require the written submission of
all testimony at least 10 days before a hearing, with
simultaneous service to all participants of record in the
proceeding as of 15 days prior to hearing, unless a waiver is
granted by the Board for good cause. In order to further
expedite the hearings, presubmitted testimony shall be
accepted into the record without the reading of the testimony
at hearing, provided that the witness swears to the testimony
and is available for questioning, and the Board shall make
every effort to conduct the proceedings expeditiously and
avoid duplication and extraneous material.
(1) The first hearing shall be held within 55 days
of receipt of the rule and shall be confined to testimony
by and questions of the Agency's witnesses concerning the
scope, applicability, and basis of the rule. Within 7
days after the first hearing, any person may request that
the second hearing be held.
(A) If, after the first hearing, the Agency
and affected entities are in agreement on the rule,
the United States Environmental Protection Agency
has not informed the Board of any unresolved
objection to the rule, and no other interested party
contests the rule or asks for the opportunity to
present additional evidence, the Board may cancel
the additional hearings. When the Board adopts the
final order under these circumstances, it shall be
based on the Agency's proposal as agreed to by the
parties.
(B) If, after the first hearing, the Agency
and affected entities are in agreement upon a
portion of the rule, the United States Environmental
Protection Agency has not informed the Board of any
unresolved objections to that agreed portion of the
rule, and no other interested party contests that
agreed portion of the rule or asks for the
opportunity to present additional evidence, the
Board shall proceed to the second hearing, as
provided in paragraph (2) of subsection (g) of this
Section, but the hearing shall be limited in scope
to the unresolved portion of the proposal. When the
Board adopts the final order under these
circumstances, it shall be based on such portion of
the Agency's proposal as agreed to by the parties.
(2) The second hearing shall be scheduled to
commence within 30 days of the first day of the first
hearing and shall be devoted to presentation of
testimony, documents, and comments by affected entities
and all other interested parties.
(3) The third hearing shall be scheduled to
commence within 14 days after the first day of the second
hearing and shall be devoted solely to any Agency
response to the material submitted at the second hearing
and to any response by other parties. The third hearing
shall be cancelled if the Agency indicates to the Board
that it does not intend to introduce any additional
material.
(h) In any fast-track rulemaking proceeding, the Board
shall accept evidence and comments on the economic impact of
any provision of the rule and shall consider the economic
impact of the rule based on the record. The Board may order
an economic impact study in a manner that will not prevent
adoption of the rule within the time required by subsection
(o) of this Section.
(i) In all fast-track rulemakings under this Section,
the Board shall take into account factors set forth in
subsection (a) of Section 27 of this Act.
(j) The Board shall adopt rules in the fast-track
rulemaking docket under the requirements of this Section that
the CAAA requires to be adopted, and may consider a
non-required rule in a second docket that shall proceed under
Title VII of this Act.
(k) The Board is directed to take whatever measures are
available to it to complete fast-track rulemaking as
expeditiously as possible consistent with the need for
careful consideration. These measures shall include, but not
be limited to, having hearings transcribed on an expedited
basis.
(l) Following the hearings, the Board shall close the
record 14 days after the availability of the transcript.
(m) The Board shall not revise or otherwise change an
Agency fast-track rulemaking proposal without agreement of
the Agency until after the end of the hearing and comment
period. Any revisions to an Agency proposal shall be based
on the record of the proceeding.
(n) All rules adopted by the Board under this Section
shall be based solely on the record before it.
(o) The Board shall complete a fast-track rulemaking by
adopting a second notice order no later than 130 days after
receipt of the proposal if no third hearing is held and no
later than 150 days if the third hearing is held. If the
order includes a rule, the Illinois Board shall file the rule
for second notice under the Illinois Administrative Procedure
Act within 5 days after adoption of the order.
(p) Upon receipt of a statement of no objection to the
rule from the Joint Committee on Administrative Rules, the
Board shall adopt the final order and submit the rule to the
Secretary of State for publication and certification within
21 days.
(Source: P.A. 87-1213.)
Section 99. Effective date. This Act takes effect upon
becoming law.