reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 174 - DELEGATION OF CONSTRUCTION AND OPERATING PERMIT AUTHORITY FOR SANITARY AND COMBINED SEWERS AND WATER MAIN EXTENSIONS › Subpart E - AGENCY REVIEW › Section 174.502 - Appeals of Permits

Current through Register Vol. 48, No. 28, July 12, 2024
If a decision of the unit of local government regarding a
				  permit issued or denied under this Part is appealed pursuant to Section 40 of
				  the Act, the unit of local government shall appear as co-respondent in the
				  action and, in instances where the unit of local government has elected to
				  retain the services of a consultant in accordance with Section
				  174.302(d),
				  the consultant shall also appear.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 180 - PROCEDURES AND CRITERIA FOR REVIEWING APPLICATIONS FOR PROVISIONAL VARIANCES › Subpart A - INTRODUCTION › Section 180.101 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Part establishes the procedures and the criteria the
				  Agency will use to review applications and to make final decisions regarding
				  requests for provisional variances. Pursuant to Section 35(b) of the Act,
				  provisional variances shall be granted by the Agency upon presentation of
				  adequate proof that compliance on a short term basis with any rule or
				  regulation, requirement or order of the Board, or with any permit requirement,
				  would impose an arbitrary or unreasonable hardship.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 180 - PROCEDURES AND CRITERIA FOR REVIEWING APPLICATIONS FOR PROVISIONAL VARIANCES › Subpart B - APPLICATIONS FOR PROVISIONAL VARIANCES › Section 180.201 - Applicants

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person
				subject to the Environmental Protection Act and to the rules or regulations,
				orders, or permit requirements of the Board, and who has not been granted
				provisional variances in excess of 90 days during the calendar year, may apply
				for a provisional variance.
b)
				Applications shall be submitted pursuant to Section
				180.202
				of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 180 - PROCEDURES AND CRITERIA FOR REVIEWING APPLICATIONS FOR PROVISIONAL VARIANCES › Subpart B - APPLICATIONS FOR PROVISIONAL VARIANCES › Section 180.202 - Requirements of the Written Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) Two copies of the application shall be
				sent to:
Illinois Environmental Protection Agency
Division of (Air Pollution Control, Water Pollution
				  Control,
Land Pollution Control, Public Water Supplies,
as appropriate)
1021 North Grand Ave. East
P. O. Box 19276
Springfield, Illinois 62794-9276
b) The application shall include:
1) A statement identifying the regulations,
				Board Order, or permit requirements from which the variance is
				requested;
2) A description of the
				business or activity for which the variance is requested, including pertinent
				data on location, size, and the population and geographic area affected by the
				person's operations;
3) The
				quantity and types of materials used in the process or activity for which the
				variance is requested, as appropriate;
4) The quantity, types and nature of
				materials or emissions to be discharged, deposited or emitted under the
				variance, and the identification of the receiving waterway or land, or the
				closest receiving Class A and Class B land use, as appropriate;
5) The quantity and types of materials in
				drinking water exceeding the allowable content, or other pertinent facts
				concerning variances from the Board's public water supply
				regulations;
6) An assessment of
				any adverse environmental impacts that the variance may produce;
7) A statement explaining why compliance with
				the Act, regulations or Board Order imposes arbitrary or unreasonable
				hardship;
8) A description of the
				proposed methods to achieve compliance with the Act, regulations or Board
				Order, and a timetable for achieving that compliance;
9) A discussion of alternate methods of
				compliance and of the factors influencing the choice of applying for a
				provisional variance;
10) A
				statement of the period, not to exceed 45 days, for which the variance is
				requested;
11) A statement of
				whether the person has been granted any provisional variances within the
				calendar year, and the terms and duration of those variances;
12) A statement regarding the person's
				current permit status as related to the subject matter of the variance
				request;
13) Any Board orders in
				effect regarding the person's activities and any matters currently before the
				Board in which the person is a party.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 180 - PROCEDURES AND CRITERIA FOR REVIEWING APPLICATIONS FOR PROVISIONAL VARIANCES › Subpart C - AGENCY DECISION MAKING › Section 180.301 - Criteria for Reviewing Applications

Current through Register Vol. 48, No. 28, July 12, 2024
a) In determining whether to grant the
				provisional variance, the Agency will evaluate the information provided in the
				application to meet the requirements of Section
				180.202(b)
				of this Part. Particular consideration will be given to the following
				information:
1) Inclusion of a definite
				compliance program;
2) Evaluation
				of all reasonable alternatives for compliance; and
3) Demonstration that any adverse impacts
				will be minimal.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 180 - PROCEDURES AND CRITERIA FOR REVIEWING APPLICATIONS FOR PROVISIONAL VARIANCES › Subpart C - AGENCY DECISION MAKING › Section 180.302 - Final Agency Action

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Within 30 days after receipt of an application for a provisional variance or
				for an extension of a provisional variance, the Agency shall either grant or
				deny the provisional variance. If the Agency fails to take final action within
				30 days, or if the Agency denies the request, the person may initiate a
				proceeding with the Board under Section 35(a) of the Act. [415 ILCS
				5/37(b) ] If the Agency denies the
				provisional variance for incompleteness, the person may submit a complete
				application, which will initiate the review process again.
b) If the Agency denies the provisional
				variance, notice of that denial shall be given to the person by certified mail,
				return receipt requested. The notice of denial shall include an explanation of
				the Agency's decision.
c) If the
				Agency grants the provisional variance, the Agency shall
promptly provide a copy of its written decision to the Board,
				  and shall give prompt notice of its action to the public by issuing a press
				  release for distribution to newspapers of general circulation in the county.
				  The Board shall maintain for public inspection copies of all provisional
				  variances provided by the Agency. [415
				  ILCS 5/37(b) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 180 - PROCEDURES AND CRITERIA FOR REVIEWING APPLICATIONS FOR PROVISIONAL VARIANCES › Subpart D - EXTENSIONS OF PROVISIONAL VARIANCES › Section 180.401 - Applications for Extensions of Provisional Variances

Current through Register Vol. 48, No. 28, July 12, 2024
An application for extension of an order granting a
				  provisional variance shall include:
a)
				Information stated in Section
				180.202(b)(7)
				through (10) of this Part;
b) Any new information that modifies prior
				information given to satisfy Section
				180.202(b)
				of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 180 - PROCEDURES AND CRITERIA FOR REVIEWING APPLICATIONS FOR PROVISIONAL VARIANCES › Subpart D - EXTENSIONS OF PROVISIONAL VARIANCES › Section 180.402 - Criteria for Reviewing Applications for Extensions of Provisional Variances

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency shall review requests for extensions of
				  provisional variances and take final action in conformity with Subpart C of
				  this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 181 - TOXIC POLLUTION PREVENTION INNOVATION PLANS › Subpart A - INTRODUCTION › Section 181.101 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Toxic
				Pollution Prevention Act (P.A. 86-914, effective January 1, 1990) provides that
				after January 1, 1990, any person may submit to the Agency a plan to use an
				innovative production process to achieve toxic pollution prevention. An
				innovative production process may consist of a new application of technology or
				a combination of existing technologies that have not previously been
				implemented together. If the Agency concurs with a proposed innovation plan, it
				shall make every reasonable effort to accommodate the proposed innovative
				production process, including:
1) Expedited
				coordination and processing of any applicable permit applications;
2) Cooperation, as appropriate with any
				request for an applicable variance, adjusted standard, or site specific
				standard pursuant to the Environmental Protection Act (Ill. Rev. Stat. 1987,
				ch. 1111/2, par. 1001 et seq.);
3)
				Appropriate technical assistance to avoid or eliminate any potential compliance
				problems resulting from the proposed innovative production process.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 181 - TOXIC POLLUTION PREVENTION INNOVATION PLANS › Subpart B - CONTENT OF INNOVATION PLANS › Section 181.201 - Content of Innovation Plans

Current through Register Vol. 48, No. 28, July 12, 2024
An Innovation Plan shall describe:
a) the innovative production process (the
				detail and nature of the plan submission should be related to the complexity of
				the proposal and should reflect the information available to the
				person);
b) the expected
				benefits;
c) the proposed
				implementation schedule;and
d) Any
				potential problems that may occur under the plan with respect to compliance
				with state or federal environmental laws or regulations pertaining to the
				release or disposal of toxic substances. (Section 6(a) of the Act)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 181 - TOXIC POLLUTION PREVENTION INNOVATION PLANS › Subpart B - CONTENT OF INNOVATION PLANS › Section 181.202 - Level of Innovation Plan Detail

Current through Register Vol. 48, No. 28, July 12, 2024
The level of detail provided in the innovation plan shall be
				  sufficient to enable the Agency to determine that the criteria for concurrence
				  are satisfied.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 181 - TOXIC POLLUTION PREVENTION INNOVATION PLANS › Subpart B - CONTENT OF INNOVATION PLANS › Section 181.203 - Proprietary Information

Current through Register Vol. 48, No. 28, July 12, 2024
To the extent that the innovation plan contains proprietary
				  information regarding the innovative production process involved or to the
				  extent it contains proprietary information regarding a related production
				  process, the person filing the innovation plan should identify whether the
				  proprietary information has been determined to constitute a trade secret in
				  accordance with 2 Ill. Adm. Code 1827. If there is a request for such a
				  determination pending before the Agency, the person filing the innovation plan
				  shall include a statement in the innovation plan that such a request has been
				  made.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 181 - TOXIC POLLUTION PREVENTION INNOVATION PLANS › Subpart C - CRITERIA FOR AGENCY CONCURRENCE WITH INNOVATION PLANS › Section 181.301 - Criteria for Agency Concurrence with Innovation Plans

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency shall concur with a proposed toxic pollution
				  prevention innovation plan if the owner or operator of the affected facility
				  demonstrates to the agency that the proposed process:
a) will be effective in toxic pollution
				prevention;
b) will achieve at
				least the level of toxic pollution prevention as other available
				processes;
c) is not reasonably
				expected to have any significant adverse effect on public health or the
				environment in the course of its operation, function, or malfunctions; (Section
				6(b) of the Act) and
d) will
				constitute toxic pollution prevention for a toxic substance.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 181 - TOXIC POLLUTION PREVENTION INNOVATION PLANS › Subpart C - CRITERIA FOR AGENCY CONCURRENCE WITH INNOVATION PLANS › Section 181.302 - Agency Nonconcurrence

Current through Register Vol. 48, No. 28, July 12, 2024
If the Agency does not concur with the proposed plan, the
				  Agency shall provide the owner or operator with a written statement of the
				  reasons for its refusal to concur, and the owner or operator may modify the
				  plan, submit a new plan for review, or appeal the decision to the Director
				  pursuant to Section
				  181.401. (Section 6(b) of
				  the Act)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 181 - TOXIC POLLUTION PREVENTION INNOVATION PLANS › Subpart C - CRITERIA FOR AGENCY CONCURRENCE WITH INNOVATION PLANS › Section 181.303 - Agency Follow-up

Current through Register Vol. 48, No. 28, July 12, 2024
In accordance with Section 6(e) of the Act, the Agency shall
				  monitor the implementation and effectiveness of any innovation plan with which
				  it has concurred.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 181 - TOXIC POLLUTION PREVENTION INNOVATION PLANS › Subpart C - CRITERIA FOR AGENCY CONCURRENCE WITH INNOVATION PLANS › Section 181.304 - Time for Agency Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency shall review a proposed innovation plan for completeness within 45 days
				of receipt and shall decide concurrence for a complete plan within 120 days of
				receipt of such plan.
b) Upon
				request of the owner or operator, the Agency shall review a permit application
				for an innovative production process for which it has concurred in the
				innovation plan within 60 days of receipt of the complete permit application.
				In circumstances involving an opportunity for public comment on the Agency
				draft permit pursuant to Title X of the EP Act, it will not be possible for the
				permit to be issued within this 60 day period. The complete permit application
				must be filed within 2 years of the Agency concurrence in the innovation
				plan.
c) Upon request of the owner
				or operator, the Agency shall make every reasonable effort to accommodate an
				innovative production process for which it has concurred in the innovation
				plan, through cooperation, as appropriate, with any request for an applicable
				variance, adjusted standard, or site specific standard, provided the specific
				request is duly filed within 2 years of the date of concurrence by the Agency
				with the innovation plan. Such accommodation shall be achieved to the extent
				feasible under applicable law and consistent with prudent environmental
				practices.
d) The Agency's time
				limit for deciding its concurrence in innovation plans is 120 days from
				receipt, but the allotted time for most permit and all variance decisions is
				less than that (see Titles IX and X of the EP Act). Accordingly, the Agency
				will not be able to respond to concurrent submittals of innovation plans and
				permit applications or variance petitions.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 181 - TOXIC POLLUTION PREVENTION INNOVATION PLANS › Subpart D - APPEAL › Section 181.401 - Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator submitting an innovation plan may
				  appeal any Agency decision regarding the innovation plan by filing an appeal in
				  writing with the Director of the Agency within 30 days of the Agency decision.
				  The Agency Director shall respond in writing within 30 days of receipt of the
				  appeal with his/her decision regarding the matter, including reasons therefor.
				  The decision of the Director shall be based upon the criteria set out in the
				  Act and this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 182 - PROCEDURES FOR REVIEW OF PETITIONS FOR MERCURY PRODUCT EXEMPTIONS › Subpart A - INTRODUCTION › Section 182.102 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Part establishes the procedures and criteria the Agency
				  will use to review petitions for exemptions from the provisions of Section
				  22.23 b of the Environmental Protection Act and Section 27 of the Mercury-added
				  Product Prohibition Act. Petitions for exemptions and petitions for renewal of
				  exemptions must be submitted in accordance with this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 182 - PROCEDURES FOR REVIEW OF PETITIONS FOR MERCURY PRODUCT EXEMPTIONS › Subpart A - INTRODUCTION › Section 182.104 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Unless otherwise specified, all terms shall have the meanings
				  set forth in the Illinois Environmental Protection Act [415 ILCS 5 ] or the
				  Mercury-added Product Prohibition Act [410 ILCS 46 ], as applicable.
				  Additionally, for purposes of this Part, the following definitions
				  apply:
"Agency" means the Illinois Environmental Protection
				  Agency.
"Manufacturer" means any person that:
produces a product subject to the provisions of Section 22.23
				  b of the Environmental Protection Act or Section 27 of the Mercury-added
				  Product Prohibition Act; or
serves as an importer or domestic distributor of a product
				  produced outside of the United States that is subject to the provisions of
				  Section 22.23b of the Environmental Protection Act or Section 27 of the
				  Mercury-added Product Prohibition Act.
In the case of a multi-component product, "manufacturer"
				  means the last manufacturer to produce or assemble the product, unless the
				  product is produced or assembled outside of the United States, in which case,
				  "manufacturer" means the importer or domestic distributor of the
				  product.
"Mercury-added product" means a product to which mercury is
				  added intentionally during formulation or manufacture, or a product containing
				  one or more components to which mercury is intentionally added during
				  formulation or manufacture. [410 ILCS
				  46/10 ]
"Mercury relay" means a product or device, containing mercury
				  added during its manufacture, that opens or closes electrical contacts to
				  effect the operation of other devices in the same or another electrical
				  circuit. "Mercury relay" includes, but is not limited to, mercury displacement
				  relays, mercury wetted reed relays, and mercury contact relays. (Section 3.283
				  of the Environmental Protection Act)
"Mercury switch" means a product or device, containing
				  mercury added during its manufacture, that opens or closes an electrical
				  circuit or gas valve, or makes, breaks, or changes the connection in an
				  electrical circuit, including, but not limited to, mercury float switches
				  actuated by rising or falling liquid levels, mercury tilt switches actuated by
				  a change in the switch position, mercury pressure switches actuated by a change
				  in pressure, mercury temperature switches actuated by a change in temperature,
				  and mercury flame sensors. (Section 3.284 of the Environmental Protection
				  Act)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 182 - PROCEDURES FOR REVIEW OF PETITIONS FOR MERCURY PRODUCT EXEMPTIONS › Subpart A - INTRODUCTION › Section 182.106 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any Section, subsection, sentence, or clause of this Part
				  is adjudged unconstitutional, void, invalid, or otherwise unlawful, such
				  adjudication shall not affect the validity of this Part as a whole, or any
				  Section, subsection, sentence, or clause not adjudged unconstitutional, void,
				  invalid, or otherwise unlawful.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 182 - PROCEDURES FOR REVIEW OF PETITIONS FOR MERCURY PRODUCT EXEMPTIONS › Subpart B - PETITIONS FOR EXEMPTIONS › Section 182.202 - Petitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The manufacturer
				of a mercury switch or mercury relay, or a scientific instrument or piece of
				instructional equipment containing mercury added during its manufacture, may
				apply to the Agency for an exemption from the provisions of Section 22.23 b of
				the Environmental Protection Act for one or more specific uses of the switch
				relay, instrument, or piece of equipment by filing a written petition with the
				Agency. (Section 22.23b(c) of the Environmental Protection Act)
b) The manufacturer of a mercury-added
				product listed in Section 27(a) of the Mercury-added Product Prohibition Act
				may apply for an exemption for one or more uses of the product by filing a
				written petition with the Agency. (Section 27(c) of the Mercury-added Product
				Prohibition Act)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 182 - PROCEDURES FOR REVIEW OF PETITIONS FOR MERCURY PRODUCT EXEMPTIONS › Subpart B - PETITIONS FOR EXEMPTIONS › Section 182.206 - Preliminary Review of Petitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 10 working days after receipt of a
				petition, the Agency shall determine whether to accept the petition for review
				or to reject the petition as incomplete. The petitioner may waive this deadline
				in writing.
b) If the petition is
				rejected, notice of the rejection shall be given to the petitioner by certified
				mail, return receipt requested. The notice of rejection shall include an
				explanation of the Agency's decision.
c) Upon receipt of a notice of rejection for
				incompleteness, the petitioner may amend the petition and resubmit it to the
				Agency, which will initiate the review process again.
d) If the petition is accepted as complete,
				review of the petition shall proceed in accordance with Subpart C of this
				Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 182 - PROCEDURES FOR REVIEW OF PETITIONS FOR MERCURY PRODUCT EXEMPTIONS › Subpart C - AGENCY DECISION MAKING › Section 182.302 - Public Notice and Comments

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Within 30 days after receipt of a complete petition for an exemption from
				Section 22.23 b of the Environmental Protection Act, the Agency shall post a
				notice of the petition on its website and submit a notice of the petition to
				the Secretary of State for publication in the Illinois Register. The notice of
				the petition must include, but shall not be limited to, the following
				information:
1) Identification of the
				petitioner and the product for which the exemption is sought.
2) A description of the use of the
				product.
3) A statement that a copy
				of the petition is available for review at the Agency's headquarters during
				normal business hours.
4) A
				statement that written public comments on the petition may be submitted to the
				Agency for a period of 45 days after the date of publication of the
				notice.
5) The address to which
				written public comments on the petition can be submitted to the
				Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 182 - PROCEDURES FOR REVIEW OF PETITIONS FOR MERCURY PRODUCT EXEMPTIONS › Subpart C - AGENCY DECISION MAKING › Section 182.304 - Consultation with Other States

Current through Register Vol. 48, No. 28, July 12, 2024
a) Before approving any exemption from
				Section 22.23 b of the Environmental Protection Act, the Agency must consult
				with other states to promote consistency in the regulation of products
				containing mercury added during their manufacture. (Section 22.23b of the
				Environmental Protection Act)
b)
				Prior to approving an exemption from Section 27 of the Mercury-added Product
				Prohibition Act, the Agency may consult with other states to promote
				consistency in the regulation of the product for which the exemption is
				requested. (Section 27 of the Mercury-added Product Prohibition Act)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 182 - PROCEDURES FOR REVIEW OF PETITIONS FOR MERCURY PRODUCT EXEMPTIONS › Subpart C - AGENCY DECISION MAKING › Section 182.306 - Criteria for Reviewing Petitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency may grant an exemption from
				Section 22.23 b of the Environmental Protection Act, with or without
				conditions, if the manufacturer demonstrates the following:
1) A convenient and widely available system
				exists for the proper collection, transportation, and processing of the switch,
				relay, instrument, or piece of equipment at the end of its useful life;
				and
2) The specific use or uses of
				the switch, relay, instrument, or piece of equipment provides a net benefit to
				the environment, public health, or public safety when compared to available
				nonmercury alternatives. (Section 22.23b(c) of the Environmental Protection
				Act)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 182 - PROCEDURES FOR REVIEW OF PETITIONS FOR MERCURY PRODUCT EXEMPTIONS › Subpart C - AGENCY DECISION MAKING › Section 182.308 - Final Agency Action

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency shall grant or deny the requested exemption within 90 days after the
				receipt of a complete petition.
b)
				Exemptions shall be granted for a period or term of 5 years. (Section 22.23
				b(c) of the Environmental Protection Act and Section 27 of the Mercury-added
				Product Prohibition Act)
c) Notice
				of the Agency's final action on a petition shall be given to the petitioner by
				certified mail, return receipt requested. If the Agency denies an exemption,
				the notice shall include an explanation of the Agency's decision.
d) If the Agency denies a requested exemption
				or grants a requested exemption with conditions, the petitioner may appeal the
				Agency's final decision by filing a petition for review with the Board in
				accordance with 35 Ill. Adm. Code 105. Petitions for review must be filed with
				the Board within 35 days after the date of service of the Agency's final
				decision. (See 35 Ill. Adm. Code
				105.206.)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 182 - PROCEDURES FOR REVIEW OF PETITIONS FOR MERCURY PRODUCT EXEMPTIONS › Subpart D - RENEWALS OF EXEMPTIONS › Section 182.402 - Petitions for Renewal of Exemptions

Current through Register Vol. 48, No. 28, July 12, 2024
The manufacturer may request renewals of the exemption for
				  additional 5-year periods by filing additional written petitions with the
				  Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 182 - PROCEDURES FOR REVIEW OF PETITIONS FOR MERCURY PRODUCT EXEMPTIONS › Subpart D - RENEWALS OF EXEMPTIONS › Section 182.404 - Requirements for Petitions for Renewal

Current through Register Vol. 48, No. 28, July 12, 2024
a) Two copies of the petition for renewal
				must be submitted on forms prescribed by the Agency and must be mailed or
				delivered to the address designated by the Agency on the forms. The Agency's
				record of the date of filing shall be deemed conclusive unless a contrary date
				is proven by a dated, signed receipt.
b) Petitions for renewals of exemptions from
				Section 22.23 b of the Environmental Protection Act must include, but shall not
				be limited to, the information required under Section
				182.204(b)
				of this Part. Any information that modifies information submitted in previous
				petitions must be clearly identified.
c) Petitions for renewals of exemptions from
				Section 27 of the Mercury-added Product Prohibition Act must include, but shall
				not be limited to, the information required under Section
				182.204(c)
				of this Part. Any information that modifies information submitted in previous
				petitions must be clearly identified. Petitions must also demonstrate that all
				conditions of the product's original exemption approval continue to be
				met.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 182 - PROCEDURES FOR REVIEW OF PETITIONS FOR MERCURY PRODUCT EXEMPTIONS › Subpart D - RENEWALS OF EXEMPTIONS › Section 182.406 - Preliminary Review, Public Notice and Comments, and Consultation with Other States

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency's review of petitions for renewal shall be subject
				  to the requirements of Sections
				  182.206,
				  182.302,
				  and
				  182.304
				  of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 182 - PROCEDURES FOR REVIEW OF PETITIONS FOR MERCURY PRODUCT EXEMPTIONS › Subpart D - RENEWALS OF EXEMPTIONS › Section 182.408 - Criteria for Reviewing Petitions for Renewal

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency may renew an exemption, with or without
				  conditions, if the manufacturer demonstrates that the criteria set forth in
				  Section
				  182.306
				  of this Part and the conditions of the product's original exemption approval
				  continue to be satisfied.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 182 - PROCEDURES FOR REVIEW OF PETITIONS FOR MERCURY PRODUCT EXEMPTIONS › Subpart D - RENEWALS OF EXEMPTIONS › Section 182.410 - Final Agency Action

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency shall grant or deny the requested exemption renewal within 90 days after
				the receipt of a complete petition for renewal.
b) Renewals of exemptions shall be granted
				for a period of 5 years.
c) Notice
				of the Agency's final action on a petition for renewal shall be given to the
				petitioner by certified mail, return receipt requested. If the Agency denies an
				exemption renewal, the notice shall include an explanation of the Agency's
				decision.
d) If the Agency denies a
				requested exemption renewal or grants a requested exemption renewal with
				conditions, the petitioner may appeal the Agency's final decision by filing a
				petition for review with the Board in accordance with 35 Ill. Adm. Code 105.
				Petitions for review must be filed with the Board within 35 days after the date
				of service of the Agency's final decision. (See 35 Ill. Adm. Code
				105.206.)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 184 - PROCEDURES FOR REVIEW OF PETITIONS FOR MERCURY PRODUCT EXEMPTIONS (REPEALED) › Subpart E - DENIAL, REFUSAL TO RENEW, SUSPENSION AND REVOCATION OF LICENSES (REPEALED) › Section 184.500 - Investigation (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 184 - PROCEDURES FOR REVIEW OF PETITIONS FOR MERCURY PRODUCT EXEMPTIONS (REPEALED) › Subpart E - DENIAL, REFUSAL TO RENEW, SUSPENSION AND REVOCATION OF LICENSES (REPEALED) › Section 184.501 - Notice (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 184 - PROCEDURES FOR REVIEW OF PETITIONS FOR MERCURY PRODUCT EXEMPTIONS (REPEALED) › Subpart E - DENIAL, REFUSAL TO RENEW, SUSPENSION AND REVOCATION OF LICENSES (REPEALED) › Section 184.502 - Procedure (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 184 - PROCEDURES FOR REVIEW OF PETITIONS FOR MERCURY PRODUCT EXEMPTIONS (REPEALED) › Subpart E - DENIAL, REFUSAL TO RENEW, SUSPENSION AND REVOCATION OF LICENSES (REPEALED) › Section 184.503 - Grounds for Denial, Refusal to Renew, Suspension and Revocation (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 184 - PROCEDURES FOR REVIEW OF PETITIONS FOR MERCURY PRODUCT EXEMPTIONS (REPEALED) › Subpart E - DENIAL, REFUSAL TO RENEW, SUSPENSION AND REVOCATION OF LICENSES (REPEALED) › Section 184.504 - Sanctions (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 184 - PROCEDURES FOR REVIEW OF PETITIONS FOR MERCURY PRODUCT EXEMPTIONS (REPEALED) › Subpart E - DENIAL, REFUSAL TO RENEW, SUSPENSION AND REVOCATION OF LICENSES (REPEALED) › Section 184.505 - Appeal (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 184 - PROCEDURES FOR REVIEW OF PETITIONS FOR MERCURY PRODUCT EXEMPTIONS (REPEALED) › Subpart E - DENIAL, REFUSAL TO RENEW, SUSPENSION AND REVOCATION OF LICENSES (REPEALED) › Section 184.506 - Record Required (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 184 - PROCEDURES FOR REVIEW OF PETITIONS FOR MERCURY PRODUCT EXEMPTIONS (REPEALED) › Subpart F - RECIPROCITY (REPEALED) › Section 184.600 - Evaluation of Licensing by Other States and Reciprocal Licensure (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 185 - ENVIRONMENTAL LABORATORY CERTIFICATION FEE RULES › Subpart A - GENERAL › Section 185.101 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to establish procedures for the
				  determination and the collection of the annual administrative assessment and
				  the annual laboratory certification assessments from environmental laboratories
				  for public water supply analyses, water pollution analyses, and for hazardous
				  and other waste parameters.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 185 - ENVIRONMENTAL LABORATORY CERTIFICATION FEE RULES › Subpart A - GENERAL › Section 185.102 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as
				provided otherwise in subsection (b), this Part applies to each environmental
				laboratory that submits an application for certification or for renewal of
				certification for public water supply analyses, water pollution analyses, and
				for hazardous and other waste parameters.
b) No assessment for the certification of
				environmental laboratories shall be due under this Part from any department,
				agency, or unit of State government or municipal government that conducts
				analyses of samples from public water supplies.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 185 - ENVIRONMENTAL LABORATORY CERTIFICATION FEE RULES › Subpart A - GENERAL › Section 185.103 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Unless specified otherwise, all terms shall have the meaning
				  set forth in the Act. For purposes of this Part, the following definitions
				  apply:
"Act" means the Environmental Protection Act [415 ILCS
				  5  ].
"Agency" means the Illinois Environmental Protection
				  Agency.
"Anniversary date of the initial certification" means the
				  date of the laboratory's last certification with the Agency pursuant to the
				  laboratory certification program.
"Applicant" means an environmental laboratory that applies
				  for certification and determination of assessments for public water supply
				  analyses, water pollution analyses, and for hazardous and other waste
				  parameters pursuant to Section 17.8 of the Act.
"Assessment" or "Fee" means the assessment prescribed by
				  Section 17.8 of the Act.
"Certificate of Accreditation" means a formal document or set
				  of documents, issued by the Agency pursuant to 35 Ill. Adm. Code 186, stating
				  that accreditation has been granted for the defined scope.
"Inorganic Parameters" means all parameters not included in
				  organic parameters.
"Organic Parameters" means all parameters analyzed by all
				  forms of gas chromatography and high pressure liquid chromatography (excluding
				  ion chromatography).
"Renewal Period" means the 12 months after the renewal
				  application is processed by Agency's Laboratory Accreditation Unit and the
				  updated Certificate of Accreditation is generated for the
				  laboratory.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 185 - ENVIRONMENTAL LABORATORY CERTIFICATION FEE RULES › Subpart A - GENERAL › Section 185.104 - Relation to Other Fee Systems and Out-of-State Certification and Reciprocity Agreements

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				assessments collected pursuant to this Part, and the assessment collection
				procedures set forth in this Part, are separate from, and in addition to, all
				other fees and fee systems established by law.
b) No assessments will be waived due to
				out-of-state certification or reciprocity agreements.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 185 - ENVIRONMENTAL LABORATORY CERTIFICATION FEE RULES › Subpart A - GENERAL › Section 185.105 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision of this Part or the application thereof to
				  any person or in any circumstance is adjudged invalid, such adjudication shall
				  not affect the validity of this Part as a whole or any provision thereof not
				  adjudged invalid.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 185 - ENVIRONMENTAL LABORATORY CERTIFICATION FEE RULES › Subpart B - PROCEDURES FOR DETERMINATION AND PAYMENT OF ASSESSMENTS › Section 185.201 - Amount of the Assessments

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency, with the concurrence of the Environmental
				  Laboratory Certification Committee, has established the following
				  administrative assessment and certification assessment schedules in accordance
				  with the procedures of Section 17.8(c) and (d-5) of the Act. This schedule
				  shall remain in effect until an alternative schedule is established in
				  accordance with those subsections.
a)
				Administrative Assessment Schedule. Each laboratory requesting any of the
				certifications in subsection (b) shall pay an annual administrative assessment
				of $2,400 per year, provided that the administrative assessment shall be $3,900
				if the laboratory was not certified at any time during the six months
				immediately preceding its application for certification.
b) Annual Certification Assessment. In
				addition to the annual administrative assessment in subsection (a), each
				laboratory that requests certification shall pay the annual certification
				assessment for each certification requested based upon the following schedule:
1) For certification to conduct public water
				supply analyses:
A) $1,000 per year for
				inorganic parameters; and
B) $1,000
				per year for organic parameters.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 185 - ENVIRONMENTAL LABORATORY CERTIFICATION FEE RULES › Subpart B - PROCEDURES FOR DETERMINATION AND PAYMENT OF ASSESSMENTS › Section 185.202 - Manner of Payment

Current through Register Vol. 48, No. 28, July 12, 2024
Payment of the assessment must be by check or money order
				  payable to: "Treasurer, State of Illinois" and shall be submitted with the
				  certification application to:
Illinois Environmental Protection Agency
Division of Laboratories
2200 Churchill Road
P. O. Box 19276
Springfield, Illinois 62794-9276
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 185 - ENVIRONMENTAL LABORATORY CERTIFICATION FEE RULES › Subpart B - PROCEDURES FOR DETERMINATION AND PAYMENT OF ASSESSMENTS › Section 185.203 - Prohibition Against Refund

Current through Register Vol. 48, No. 28, July 12, 2024
Any assessment remitted to the Agency under this Part shall
				  not be refunded at any time for any reason, either in whole or in
				  part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 185 - ENVIRONMENTAL LABORATORY CERTIFICATION FEE RULES › Subpart B - PROCEDURES FOR DETERMINATION AND PAYMENT OF ASSESSMENTS › Section 185.204 - Audit and Access to Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each applicant for which an assessment is
				due under this Part shall preserve and maintain all records relating to this
				assessment for at least 5 years after the date that the application is received
				by the Agency.
b) The records
				described in subsection (a) shall be available to the Agency or its authorized
				representative (e.g., auditor, contractor) for examination during normal
				business hours.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 185 - ENVIRONMENTAL LABORATORY CERTIFICATION FEE RULES › Subpart C - PROCEDURES FOR PROCESSING APPLICATIONS › Section 185.301 - Applications Containing the Entire Assessment

Current through Register Vol. 48, No. 28, July 12, 2024
Applications received by the Agency will be logged in and
				  assigned a receipt date and number if the following conditions are met:
a) The application is complete in accordance
				with Section 17.8 of the Act and this Part; and
b) The entire assessment due under Section
				185.201
				of this Part is included with the application.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 185 - ENVIRONMENTAL LABORATORY CERTIFICATION FEE RULES › Subpart C - PROCEDURES FOR PROCESSING APPLICATIONS › Section 185.302 - Applications Not Containing the Entire Assessment

Current through Register Vol. 48, No. 28, July 12, 2024
Applications not containing the entire assessment shall be
				  considered incomplete and the Agency shall take the following actions in
				  response to such application:
a) The
				Agency shall deposit any assessments submitted along with the application, and
				shall notify the applicant by certified mail of the assessment deficiency.
				Within 30 days the applicant must submit the balance of the assessment that is
				due.
b) If the entire assessment
				due is received by the Agency within 30 days after issuance of the notice under
				subsection (a), the Agency shall log in the receipt of the application and
				review it in accordance with Section
				185.301
				of this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 186 - ACCREDITATION OF ENVIRONMENTAL LABORATORIES › Section 186.105 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to establish and enforce minimum
				standards for the operation of laboratories relating to analyses and laboratory
				tests for air pollution, water pollution, noise emissions, contaminant
				discharges onto land, and sanitary, chemical, and mineral quality of water
				distributed by a public water supply, and to issue certificates of competency
				to persons and laboratories meeting the minimum standards established by the
				Agency. [415
				ILCS 5/4(n) and (o)
				]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 186 - ACCREDITATION OF ENVIRONMENTAL LABORATORIES › Section 186.110 - Scope and Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 This Part establishes general provisions applicable to the accreditation
			 program for laboratories administered by the Agency. Requirements of this Part
			 are applicable to all laboratories that are accredited or seeking
			 accreditation, regardless of their size, volume of business or field of
			 testing.
b) Nothing in this Part
			 shall prevent laboratories from performing any quality control or other tests
			 when the State has not required those tests to be performed by an accredited
			 laboratory.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 186 - ACCREDITATION OF ENVIRONMENTAL LABORATORIES › Section 186.120 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For the purposes of this Part, unless otherwise specifically
				defined or the context clearly requires a different meaning:
"Act" means the Illinois Environmental Protection Act [415 ILCS
				5 ].
"Accrediting Body" means the territorial, state or federal
				agency having responsibility and accountability for environmental laboratory
				accreditation and that grants NELAP accreditation.
"Agency" means the Illinois Environmental Protection Agency.
				The Agency administers the environmental laboratory accreditation program. The
				Agency serves as the accrediting body (primary and secondary), and the assessor
				body, unless the Agency designates a third party assessor body.
"Biennial Basis" means every two years, plus or minus six
				months.
"NELAP" means the National Environmental Laboratory
				Accreditation Program.
"Primary Accreditation" means an accreditation granted by a
				primary accreditation body.
"Primary Accreditation Body" means the accreditation body
				responsible for assessing a laboratory's total quality system, on-site
				assessment, and proficiency test performance tracking for fields of
				accreditation.
"Secondary Accreditation" means an accreditation granted by a
				secondary accreditation body.
"Secondary Accreditation Body" means an accreditation body that
				grants laboratory accreditation for a field of accreditation based on
				recognition of accreditation from a primary accreditation body for the same
				field of accreditation.
"TNI" means The NELAC Institute.
"TNI Standard" means The NELAC Institute (TNI) Standard titled
				"Requirements for the National Environmental Laboratory Accreditation Program",
				incorporated by reference in Section
				186.115.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 186 - ACCREDITATION OF ENVIRONMENTAL LABORATORIES › Section 186.125 - Accreditation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Primary
			 Accreditation. The Agency shall issue initial or renewal primary accreditation
			 if the laboratory has met the following criteria:
1) completed the application process as
			 specified in Section
			 186.130;
2) paid the fees required by 35 Ill. Adm.
			 Code 185;
3) employs qualified
			 personnel, as required by the TNI Standard;
4) implemented and maintains a quality
			 system, as required by the TNI Standard;
5) successfully analyzed proficiency testing
			 samples, as required by this Part and the TNI Standard;
6) passed an on-site assessment, as required
			 by this Part and the TNI Standard; and
7) implemented corrective action detailed in
			 a corrective action report, if any.