415 ILCS 5/28.1
2021 Illinois Compiled Statutes|Chapter 415 - ENVIRONMENTAL SAFETY|415 ILCS 5/ - Environmental Protection Act.|Title VII - Regulations

 (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.)