State of Illinois
92nd General Assembly

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[ House Amendment 001 ]




 1                    AMENDMENT TO HOUSE BILL 5557

 2        AMENDMENT NO.     .  Amend House Bill 5557,  AS  AMENDED,
 3    with  reference  to  the  page  and  line  numbers  of  House
 4    Amendment  No.  1,  on page 1, in line 13, after "25b-5,", by
 5    inserting "28.5,"; and

 6    on page 163, below line 12, by inserting the following:

 7        "(415 ILCS 5/28.5) (from Ch. 111 1/2, par. 1028.5)
 8        (Section scheduled to be repealed on December 31, 2002.)
 9        Sec. 28.5.  Clean Air Act rules; fast-track.
10        (a)  This Section shall apply solely to the  adoption  of
11    rules  proposed  by  the Agency and required to be adopted by
12    the State under the Clean Air Act as amended by the Clean Air
13    Act Amendments of 1990 (CAAA).
14        (b)  This Section is repealed on December 31, 2007 2002.
15        (c)  For  purposes  of  this  Section,   a   "fast-track"
16    rulemaking  proceeding  is  a proceeding to promulgate a rule
17    that the CAAA requires to be adopted.  For purposes  of  this
18    Section,  "requires  to  be  adopted"  refers  only  to those
19    regulations or parts of  regulations  for  which  the  United
20    States Environmental Protection Agency is empowered to impose
21    sanctions  against the State for failure to adopt such rules.
22    All fast-track rules must be  adopted  under  procedures  set
                            -2-            LRB9212249EGfgam02
 1    forth   in this Section, unless another provision of this Act
 2    specifies the method for adopting a specific rule.
 3        (d)  When the CAAA requires rules other than identical in
 4    substance rules to be adopted, upon request  by  the  Agency,
 5    the  Board  shall  adopt  rules  under  fast-track rulemaking
 6    requirements.
 7        (e)  The Agency shall submit  its  fast-track  rulemaking
 8    proposal in the following form:
 9             (1)  The  Agency  shall file the rule in a form that
10        meets the requirements  of  the  Illinois  Administrative
11        Procedure Act and regulations promulgated thereunder.
12             (2)  The   cover   sheet   of   the  proposal  shall
13        prominently state that the rule is being  proposed  under
14        this Section.
15             (3)  The   proposal   shall   clearly  identify  the
16        provisions  and  portions   of   the   federal   statute,
17        regulations,   guidance,   policy   statement,  or  other
18        documents upon which the rule is based.
19             (4)  The supporting documentation for the rule shall
20        summarize the basis of the rule.
21             (5)  The  Agency  shall  describe  in  general   the
22        alternative selected and the basis for the alternative.
23             (6)  The Agency shall file a summary of economic and
24        technical data upon which it relied in drafting the rule.
25             (7)  The   Agency   shall  provide  a  list  of  any
26        documents upon which it directly relied in  drafting  the
27        rule or upon which it intends to rely at the hearings and
28        shall  provide such documents to the Board. Additionally,
29        the Agency shall make  such  documents  available  at  an
30        appropriate  location  for  inspection and copying at the
31        expense of the interested party.
32             (8)  The Agency shall include in  its  submission  a
33        description of the geographical area to which the rule is
34        intended  to  apply,  a  description  of  the  process or
                            -3-            LRB9212249EGfgam02
 1        processes affected, an identification by classes  of  the
 2        entities  expected  to be affected, and a list of sources
 3        expected to be affected by the rule to the  extent  known
 4        to the Agency.
 5        (f)  Within 14 days of receipt of the proposal, the Board
 6    shall  file  the  rule  for  first  notice under the Illinois
 7    Administrative Procedure Act and shall schedule all  required
 8    hearings  on the proposal and cause public notice to be given
 9    in accordance with the Illinois Administrative Procedure  Act
10    and the CAAA.
11        (g)  The Board shall set 3 hearings on the proposal, each
12    of  which  shall  be  scheduled  to continue from day to day,
13    excluding weekends and  State  and  federal  holidays,  until
14    completed.  The Board shall require the written submission of
15    all  testimony  at  least  10  days  before  a  hearing, with
16    simultaneous service to all participants  of  record  in  the
17    proceeding as of 15 days prior to hearing, unless a waiver is
18    granted  by  the  Board  for good cause.  In order to further
19    expedite  the  hearings,  presubmitted  testimony  shall   be
20    accepted into the record without the reading of the testimony
21    at hearing, provided that the witness swears to the testimony
22    and  is  available  for questioning, and the Board shall make
23    every effort to conduct  the  proceedings  expeditiously  and
24    avoid duplication and extraneous material.
25             (1)  The  first hearing shall be held within 55 days
26        of receipt of the rule and shall be confined to testimony
27        by and questions of the Agency's witnesses concerning the
28        scope, applicability, and basis of  the  rule.  Within  7
29        days after the first hearing, any person may request that
30        the second hearing be held.
31                  (A)  If,  after  the  first hearing, the Agency
32             and affected entities are in agreement on the  rule,
33             the  United  States  Environmental Protection Agency
34             has  not  informed  the  Board  of  any   unresolved
                            -4-            LRB9212249EGfgam02
 1             objection to the rule, and no other interested party
 2             contests  the  rule  or  asks for the opportunity to
 3             present additional evidence, the  Board  may  cancel
 4             the  additional  hearings. When the Board adopts the
 5             final order under these circumstances, it  shall  be
 6             based  on  the Agency's proposal as agreed to by the
 7             parties.
 8                  (B)  If, after the first  hearing,  the  Agency
 9             and  affected  entities  are  in  agreement  upon  a
10             portion of the rule, the United States Environmental
11             Protection  Agency has not informed the Board of any
12             unresolved objections to that agreed portion of  the
13             rule,  and  no  other interested party contests that
14             agreed  portion  of  the  rule  or  asks   for   the
15             opportunity  to  present  additional  evidence,  the
16             Board  shall  proceed  to  the  second  hearing,  as
17             provided  in paragraph (2) of subsection (g) of this
18             Section, but the hearing shall be limited  in  scope
19             to  the unresolved portion of the proposal. When the
20             Board   adopts   the   final   order   under   these
21             circumstances, it shall be based on such portion  of
22             the Agency's proposal as agreed to by the parties.
23             (2)  The   second  hearing  shall  be  scheduled  to
24        commence within 30 days of the first  day  of  the  first
25        hearing   and   shall   be  devoted  to  presentation  of
26        testimony, documents, and comments by  affected  entities
27        and all other interested parties.
28             (3)  The   third   hearing  shall  be  scheduled  to
29        commence within 14 days after the first day of the second
30        hearing  and  shall  be  devoted  solely  to  any  Agency
31        response to the material submitted at the second  hearing
32        and  to any response by other parties.  The third hearing
33        shall be cancelled if the Agency indicates to  the  Board
34        that  it  does  not  intend  to  introduce any additional
                            -5-            LRB9212249EGfgam02
 1        material.
 2        (h)  In any fast-track rulemaking proceeding,  the  Board
 3    shall  accept evidence and comments on the economic impact of
 4    any provision of the rule and  shall  consider  the  economic
 5    impact  of the rule based on the record.  The Board may order
 6    an economic impact study in a manner that  will  not  prevent
 7    adoption  of  the rule within the time required by subsection
 8    (o) of this Section.
 9        (i)  In all fast-track rulemakings  under  this  Section,
10    the  Board  shall  take  into  account  factors  set forth in
11    subsection (a) of Section 27 of this Act.
12        (j)  The  Board  shall  adopt  rules  in  the  fast-track
13    rulemaking docket under the requirements of this Section that
14    the  CAAA  requires  to  be  adopted,  and  may  consider   a
15    non-required rule in a second docket that shall proceed under
16    Title VII of this Act.
17        (k)  The  Board is directed to take whatever measures are
18    available  to  it  to  complete  fast-track   rulemaking   as
19    expeditiously  as  possible  consistent  with  the  need  for
20    careful consideration.  These measures shall include, but not
21    be  limited  to,  having hearings transcribed on an expedited
22    basis.
23        (l)  Following the hearings, the Board  shall  close  the
24    record 14 days after the availability of the transcript.
25        (m)  The  Board  shall  not revise or otherwise change an
26    Agency fast-track rulemaking proposal  without  agreement  of
27    the  Agency  until  after  the end of the hearing and comment
28    period.  Any revisions to an Agency proposal shall  be  based
29    on the record of the proceeding.
30        (n)  All  rules  adopted  by the Board under this Section
31    shall be based solely on the record before it.
32        (o)  The Board shall complete a fast-track rulemaking  by
33    adopting  a  second notice order no later than 130 days after
34    receipt of the proposal if no third hearing is  held  and  no
                            -6-            LRB9212249EGfgam02
 1    later  than  150  days  if  the third hearing is held. If the
 2    order includes a rule, the Illinois Board shall file the rule
 3    for second notice under the Illinois Administrative Procedure
 4    Act within 5 days after adoption of the order.
 5        (p)  Upon receipt of a statement of no objection  to  the
 6    rule  from  the  Joint Committee on Administrative Rules, the
 7    Board shall adopt the final order and submit the rule to  the
 8    Secretary  of  State for publication and certification within
 9    21 days.
10    (Source: P.A. 90-265, eff. 7-30-97.)".

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