reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart E - APPEAL OF OSFM LUST DECISIONS › Appendix A - Agency LUST Final Decisions that are Reviewable (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
BOARD NOTE: The above list was complete at time of
					 adoption. However, the list is subject to subsequent changes in the Act, the
					 Board's regulations and the interpretation of the corresponding law. By no
					 means should this list be interpreted to limit any right to appeal an Agency
					 final determination before the Board. The list should only be used as an aid
					 for interpreting Title XVI and the corresponding
					 law.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart F - PSD PERMIT APPEALS › Section 105.600 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart applies to proceedings before the Board
				  concerning appeals from final Prevention of Significant Deterioration (PSD)
				  permit determinations made under Section 9.1(d) of the Act and 35 Ill. Adm.
				  Code 204.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart F - PSD PERMIT APPEALS › Section 105.602 - Parties

Current through Register Vol. 48, No. 28, July 12, 2024
a) Petitioner. The
				person who files a petition for review of the Agency's final decision must be
				named the petitioner.
b)
				Respondent. The Agency must be named the respondent. If a petition is filed
				under Section 105.604(c) by a person other than the permit applicant, the
				permit applicant must be named as a respondent in addition to the
				Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart F - PSD PERMIT APPEALS › Section 105.604 - Who May File a Petition for Review

Current through Register Vol. 48, No. 28, July 12, 2024
a)
If the Agency refused to grant or
				grants with conditions a PSD permit
under Section 9.1(d) of the Act
				and 35 Ill. Adm. Code Part 204,
the applicant may petition for a
				hearing before the Board to contest the decision of the Agency.
[415 ILCS
				5/40.3(a)(1)]
b)
If the Agency fails to act on an
				application for a PSD permit within the time frame specified
in
				Section 39(f)(3) of the Act,
the applicant may petition for a hearing
				before the Board to compel the Agency to act on the application in a time that
				is deemed reasonable
by the Board. [415 ILCS
				5/40.3(a)(1)]
c)
Any person who participated in
				the
Agency
public comment process
for a PSD permit
and is either aggrieved or has an interest that is or may be adversely
				affected by the PSD permit may petition for a hearing before the Board to
				contest the decision of the Agency. If the petitioner failed to participate in
				the Agency's public comment process, the person may still petition for a
				hearing, but only upon issues where the final permit conditions reflect changes
				from the proposed draft permit
that was made available during the
				Agency public comment process. [415 ILCS
				5/40.3(a)(2)]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart F - PSD PERMIT APPEALS › Section 105.606 - Time to File a Petition for Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any petition for review under Section
				105.604(a) or (c) must be filed with the Clerk within 35 days after the date of
				the Agency's final permit action.
b) Any petition for review under Section
				105.604(b) must be filed with the Clerk before the Agency denies or issues the
				final permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart F - PSD PERMIT APPEALS › Section 105.608 - Petition Content Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				petitions under Section 105.604 must comply with 35 Ill. Adm. Code 101.Subpart
				C.
b) A petition under Section
				105.604(a) or (c) must contain, within the body of the petition, all pertinent
				information in support of each issue raised for review. The Board will not
				consider arguments, assertions, claims, or other information incorporated into
				the petition by reference.
The petition must include
:
1) The Agency's final decision or issued PSD
				permit;
2) A statement as to how
				the petitioner participated in the Agency public comment process;
3) All
facts as necessary to
				demonstrate that the petitioner is aggrieved or has an interest that is or may
				be adversely affected;
4)
The issues proposed for review,
citing to a specific permit
				term or condition when applicable and to the Agency
record where those
				issues were raised
, citing to any relevant page numbers in the public
				comments submitted to the Agency and attaching this public comment to the
				petition. If the issues proposed for review were not raised with reasonable
				specificity during the public comment period, the petition must explain
why
those
issues were not required to be raised during
				the
Agency
public comment process;
and
5) An explanation
why the Agency's
				previous response, if any, to those issues
proposed for review was:
A)
Clearly erroneous;
				or
B)
An exercise
				of discretion or an important policy consideration that the Board should, in
				its discretion, review.
[415 ILCS
				5/40.3(a)(2)]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart F - PSD PERMIT APPEALS › Section 105.610 - Board Standards for Granting Stays

Current through Register Vol. 48, No. 28, July 12, 2024
a)
If requested by the
permit
applicant, the Board may stay the effectiveness of any final
				Agency action on a PSD permit application during the pendency of the review
				process. In
these
cases, the Board shall stay the
				effectiveness of all the contested conditions of the PSD permit and may stay
				the effectiveness of any or all uncontested conditions only if the Board
				determines that the uncontested conditions would be affected by its review of
				contested conditions. Any stays granted by the Board shall be deemed effective
				upon the date of final Agency action appealed by the applicant.
[415 ILCS
				5/40.3(d)(2)]
b)
If requested by a party other than
				the
permit
applicant, the Board may stay the effectiveness of
				any final Agency action on a PSD permit application during the pendency of the
				review process. In
these
cases, the Board may stay the
				effectiveness of all the contested conditions of the PSD permit and may stay
				the effectiveness of any or all uncontested conditions only if the Board
				determines that the uncontested conditions would be affected by its review of
				contested conditions. The party requesting the stay has the burden of
				demonstrating that an immediate stay is required in order to preserve the
				status quo without endangering the public, that it is not contrary to public
				policy, and that there is a reasonable likelihood of success on the merits. Any
				stays granted by the Board shall be deemed effective upon the date of final
				Agency action appealed under
Section 105.606
and shall remain
				in effect until a decision is issued by the Board on the petition.
[415 ILCS
				5/40.3(d)(3)]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart F - PSD PERMIT APPEALS › Section 105.612 - The Agency Record

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency must file a copy of its entire Agency record of its decision with the
				Clerk in accordance with Section
				105.116.
b) The Agency record must include:
1) Any permit application or other request
				that resulted in the Agency's final decision;
2) Correspondence with the applicant and any
				documents or material submitted by the applicant to the Agency related to the
				permit application;
3) The project
				summary, statement of basis, or fact sheet;
4) The Agency public hearing record of any
				Agency public hearing held under 35 Ill. Adm. Code
				252.205,
				including any transcripts and exhibits;
5) All written comments received during the
				Agency public comment period under 35 Ill. Adm. Code
				252.201,
				including any extension or reopening under 35 Ill. Adm. Code 252.208;
6) The response to comments required by 35
				Ill. Adm. Code 252.210 and any new material placed in the Agency record under
				that Section;
7) The final permit;
				and
8) Any other information the
				Agency relied upon in making its final decision.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 105 - APPEALS OF FINAL DECISIONS OF STATE AGENCIES › Subpart F - PSD PERMIT APPEALS › Section 105.614 - Board Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
Except as provided in subsections (a) and (b), the Board will
				  conduct a public hearing, in accordance with 35 Ill. Adm. Code 101.Subpart F,
				  upon an appropriately filed petition for review under this Subpart.
The
hearing and
decision of the Board shall be based
				  exclusively on the
Agency
record
at the time the
				  permit or decision was issued,
unless the parties agree to supplement
				  the
Agency
record
. Any PSD permit issued by the
				  Agency must be upheld by the Board if the technical decisions contained in the
				  permit reflect considered judgment by the Agency. [415 ILCS
				  5/40.3(d)(1)]
a) The Board will not hold a hearing on a
				petition for review under this Subpart if the Board disposes of the petition on
				a motion for summary judgment brought under 35 Ill. Adm. Code
				101.516.
b) The Board will not hold a hearing on a
				petition for review under this Subpart if the Board determines that:
1) The petition is
frivolous
; or
2)
				The petition lacks
facially adequate factual statements
as
				required by Section 105.608 [415 ILCS
				5/40.3(a)(2)].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart A - GENERAL PROVISIONS › Section 106.100 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
				applies to adjudicatory proceedings pursuant to specific rules or statutory
				provisions.
b) This Part must be
				read in conjunction with 35 Ill. Adm. Code 101, which contains procedures
				generally applicable to all of the Board's adjudicatory proceedings. In the
				event of a conflict between the requirements of 35 Ill. Adm. Code 101 and those
				of this Part, the provisions of this Part apply.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart A - GENERAL PROVISIONS › Section 106.102 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any provision of this Part or its application to any
				  person is adjudged invalid the adjudication does not affect the validity of
				  this Part as a whole or of any petition not adjudged invalid.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart A - GENERAL PROVISIONS › Section 106.104 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For the purpose of this Part, words and terms will have the
				  meaning as defined in 35 Ill. Adm. Code 101.Subpart B unless otherwise
				  provided, or unless the context clearly indicates otherwise.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart A - GENERAL PROVISIONS › Section 106.106 - Petitions and Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Each petition must contain an index that lists the documents comprising the
				petition, including any exhibits, attachments, and supporting documents. All
				pages of the petition must be sequentially numbered with the letter "P" placed
				before the number of each page. The index must show the page numbers upon which
				each document comprising the petition starts and ends. The petition also must
				meet the requirements of 35 Ill. Adm. Code 101. Subpart J.
b) Hearings will be conducted under 35 Ill.
				Adm. Code 101. Subpart F, including any hearing held by video conference (see
				35 Ill. Adm. Code
				101.600(b)
				).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart B - HEATED EFFLUENT, ARTIFICIAL COOLING LAKE, AND SULFUR DIOXIDE DEMONSTRATIONS › Section 106.200 - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) Description
1) Heated Effluent Demonstration
A) The owner or operator of a source of
				heated effluent that discharges 150 megawatts (0.5 billion British thermal
				units per hour) or more must demonstrate, under 35 Ill. Adm. Code
				302.211(f),
				that discharges from that source have not caused and cannot be reasonably
				expected to cause significant ecological damage to the receiving
				waters.
B) The owner or operator
				must make the demonstration under subsection (a)(1)(A) not less than 5 years
				nor more than 6 years after operations commence.
C) If the Board finds that the proof of the
				owner or operator under subsection (a)(1)(A) is inadequate, the Board's order
				will include a requirement that the owner or operator perform appropriate
				corrective measures within a reasonable time as determined by the
				Board.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart B - HEATED EFFLUENT, ARTIFICIAL COOLING LAKE, AND SULFUR DIOXIDE DEMONSTRATIONS › Section 106.202 - Petition Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Heated Effluent Demonstration. The petition must include the following
				information but may include additional information that the petitioner believes
				will be relevant to the proceeding:
1) General
				Plant Description:
A) Generating
				capacity;
B) Type of fuel
				used;
C) Operating characteristics
				of the condenser cooling system;
D)
				History of the load factor of the plant for the time during which the plant has
				operated, but for no more than the last 5 years;
E) Projected load factors for the life of the
				plant;
F) Estimated date of
				retirement for each unit at the plant and any plans for additional units at the
				plant;
G) History of plant
				shutdowns; and
H) Planned,
				emergency, and projected shutdowns with frequency and duration.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart B - HEATED EFFLUENT, ARTIFICIAL COOLING LAKE, AND SULFUR DIOXIDE DEMONSTRATIONS › Section 106.204 - Additional Petition Requirements in Sulfur Dioxide Demonstrations (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart B - HEATED EFFLUENT, ARTIFICIAL COOLING LAKE, AND SULFUR DIOXIDE DEMONSTRATIONS › Section 106.206 - Notice

Current through Register Vol. 48, No. 28, July 12, 2024
The Clerk will give notice of the petition and hearing in
				  accordance with 35 Ill. Adm. Code
				  101.602.
				  The proceedings must be in accordance with 35 Ill. Adm. Code 101. Subpart F,
				  including any hearing held by video conference (see 35 Ill. Adm. Code
				  101.600(b)
				  ).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart B - HEATED EFFLUENT, ARTIFICIAL COOLING LAKE, AND SULFUR DIOXIDE DEMONSTRATIONS › Section 106.208 - Recommendation and Response

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must file a recommendation on a petition under
				  this Subpart as prescribed in this Section. The petitioner, any other party to
				  the proceeding, or any person may file a response to the Agency recommendation
				  within 14 days after the filing of the recommendation.
a) Heated Effluent Demonstration
Within 60 days after the owner or operator files the
				  petition, the Agency must make a recommendation to the Board on the petition.
				  The recommendation may include:
1) A
				description of the Agency's efforts in conducting its review of the
				petition;
2) The Agency's
				conclusion as to whether discharges from the source have caused or can
				reasonably be expected to cause significant ecological damage to the receiving
				waters;
3) The factual basis for
				the Agency's conclusion;
4) Any
				corrective measures that the Agency recommends be taken and the recommended
				time period to implement the measures; and
5) The Agency's recommendation on how the
				Board should dispose of the petition.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart B - HEATED EFFLUENT, ARTIFICIAL COOLING LAKE, AND SULFUR DIOXIDE DEMONSTRATIONS › Section 106.210 - Burden of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
The burden of proof will be on the
				  petitioner.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart C - WATER WELL SETBACK EXCEPTION PROCEDURES › Section 106.300 - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) Description.
				This Subpart applies to any
owner of a new potential route, a new
				potential primary source other than landfilling or land treating, or new
				potential secondary source
who files a petition for an exception from
				the setback requirements of Sections
				14.2
				and 14.3(e) of the Act under Section
				14.2(c)
				of the Act and this Subpart. [
				415
				ILCS 5/14.2(c) ]
b) Parties. The owner filing the petition for
				an exception must be named the petitioner and the Agency must be named the
				respondent. Affected well owners who are not petitioners also must be named
				respondents.
c) Filing and service.
				The filing and service requirements of 35 Ill. Adm. Code 101. Subparts C and J
				will apply to the proceedings of this Subpart.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart C - WATER WELL SETBACK EXCEPTION PROCEDURES › Section 106.302 - Initiation of Proceeding

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				petitioner must file the petition for exception with the Clerk and must serve
				one copy upon the Agency.
b) The
				petitioner must notify and provide a copy of the petition to the owners of each
				potable water supply for which the setback requirements would be affected by
				the exception.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart C - WATER WELL SETBACK EXCEPTION PROCEDURES › Section 106.304 - Petition Content Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The petition must contain the following information:
a) A written statement, signed by the
				petitioner or an authorized representative, outlining the scope of the
				evaluation, the nature of, the reasons for, and the basis of the exception,
				consistent with the burden of proof contained in Section
				106.310;
b) The nature of the petitioner's operations
				and control equipment;
c)
				Documentation of service on owners required to be notified and provided with a
				copy of the petition as required by Section
				106.302(b),
				35 Ill. Adm. Code 101, and Section
				14.2(c)
				of the Act; and
d) Any other
				information which may be required by Section
				14.2
				of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart C - WATER WELL SETBACK EXCEPTION PROCEDURES › Section 106.306 - Response and Reply

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Within 21 days after the filing of a petition, the Agency and any owner
				required to be notified may file a response to any petition in which it has not
				joined as co-petitioner. The response must include the comments concerning
				potential Board action on the petition.
b) The petitioner may file a reply within 14
				days after the service of any response.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart C - WATER WELL SETBACK EXCEPTION PROCEDURES › Section 106.308 - Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
The Board will hold at least one public hearing in an
				  exception proceeding. The hearing officer will schedule the hearing. The Clerk
				  will give notice of hearing in accordance with 35 Ill. Adm. Code 101. The
				  proceedings will be in accordance with 35 Ill. Adm. Code 101. Subpart F,
				  including any hearing held by video conference (see 35 Ill. Adm. Code
				  101.600(b)
				  ).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart C - WATER WELL SETBACK EXCEPTION PROCEDURES › Section 106.310 - Burden of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
The burden of proof is on the petitioner. The petitioner must
				  demonstrate that:
a) Compliance with
				the setback requirements of Section
				14.2
				or 14.3(e) of the Act would pose an arbitrary and unreasonable
				hardship;
b) The petitioner will
				utilize the best available control technology economically achievable to
				minimize the likelihood of contamination of the potable water supply
				well;
c) The maximum feasible
				alternative setback will be utilized; and
d) The location of the potential route will
				not constitute a significant hazard to the potable water supply well.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart D - REVOCATION AND REOPENING OF CLEAN AIR ACT PERMIT PROGRAM (CAAPP) PERMITS › Section 106.400 - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) Description. The
				provisions of this Subpart will apply to:
1)
				Any revocation proceeding initiated by the Agency when it determines that there
				are grounds to revoke and reissue a Clean Air Act Permit Program (CAAPP) permit
				for cause, under Section 39.5(15)(b) of the Act; and
2) Any reopening proceeding initiated by the
				Agency under a notice that there are grounds to terminate or revoke and reissue
				a CAAPP permit for cause, under Section 39.5(16) of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart D - REVOCATION AND REOPENING OF CLEAN AIR ACT PERMIT PROGRAM (CAAPP) PERMITS › Section 106.402 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The definitions of 35 Ill. Adm. Code 101.Subpart B and
				  Section 39.5 of the Act will apply to this Subpart unless otherwise provided,
				  or unless the context clearly indicates otherwise. If there is a conflict, the
				  definitions of Section 39.5 of the Act will apply.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart D - REVOCATION AND REOPENING OF CLEAN AIR ACT PERMIT PROGRAM (CAAPP) PERMITS › Section 106.404 - Initiation of Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Agency Revocation Proceeding. The Agency may initiate a revocation proceeding
				before the Board by serving a petition for revocation upon the respondent and
				filing the petition with the Board.
b) USEPA Reopening Proceeding. If the Agency
				receives from USEPA a notice to terminate or revoke and reissue a CAAPP permit
				for cause, the Agency must, within 30 days after receipt of USEPA's notice,
				serve a petition upon the respondent and file the petition with the
				Board.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart D - REVOCATION AND REOPENING OF CLEAN AIR ACT PERMIT PROGRAM (CAAPP) PERMITS › Section 106.406 - Petition Content Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Agency Revocation Proceeding. The petition
				in a revocation proceeding must include:
1)
				The grounds for the revocation of the CAAPP permit;
2) The associated permit record;
				and
3) Any other information
				necessary to establish that the CAAPP permit should be revoked.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart D - REVOCATION AND REOPENING OF CLEAN AIR ACT PERMIT PROGRAM (CAAPP) PERMITS › Section 106.408 - Response and Reply

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				respondent may file a response to the Agency's petition within 21 days after
				service of the petition.
b) The
				Agency may file a reply within 21 days after filing of any response.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart D - REVOCATION AND REOPENING OF CLEAN AIR ACT PERMIT PROGRAM (CAAPP) PERMITS › Section 106.410 - Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
The Board will hold at least one public hearing. The Clerk
				  will give notice of the petition and hearing in accordance with 35 Ill. Adm.
				  Code
				  101.602.
				  The proceeding must be conducted in accordance with 35 Ill. Adm. Code 101.
				  Subpart F, including any hearing held by video conference (see 35 Ill. Adm.
				  Code
				  101.600(b)
				  ).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart D - REVOCATION AND REOPENING OF CLEAN AIR ACT PERMIT PROGRAM (CAAPP) PERMITS › Section 106.412 - Burden of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Agency revocation proceeding. The burden of proof will be on the Agency to
				establish that the permit should be revoked under the standards set forth in
				this Act and the Clean Air Act.
b)
				USEPA reopening proceeding. The burden of proof will be on the
				Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart D - REVOCATION AND REOPENING OF CLEAN AIR ACT PERMIT PROGRAM (CAAPP) PERMITS › Section 106.414 - Opinion and Order

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Agency Revocation Proceeding:
1) The Board
				will issue a written opinion and order within 120 days after the filing of the
				petition that sets forth the Board's decision and supporting
				rationale.
2) If the Board
				determines that the permit should be revoked and reissued, its final order will
				direct the Agency to revoke and reissue the CAAPP permit consistent with
				Section 39.5 of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart D - REVOCATION AND REOPENING OF CLEAN AIR ACT PERMIT PROGRAM (CAAPP) PERMITS › Section 106.416 - USEPA Review of Proposed Determination

Current through Register Vol. 48, No. 28, July 12, 2024
a) If USEPA does not object to the proposed
				determination within 90 days after receipt, the Board will, within 7 days after
				receipt of USEPA's final approval or within 21 days after expiration of the
				90-day period, whichever is earlier, enter the interim order as a final order.
				The final order may be appealed as provided by Title XI of the Act. The Agency
				must take final action in accordance with the Board's final order.
b) USEPA Objection
1) If USEPA objects to the proposed
				determination within 90 days after receipt, the Agency shall submit USEPA's
				objection and the Agency's comments and recommendation on the objection to the
				Board and permittee upon receipt of the objection. Within 15 days after receipt
				of USEPA's objection, the Agency must submit the Agency's comments and
				recommendation on the objection to the Board and permittee. [415 ILCS
				5/39.5(16)(c)(ii) ]
2) The Board shall review its interim order
				in response to USEPA's objection and the Agency's comments and recommendation
				and issue a final order in accordance with Sections 32 and 33 of the Act within
				60 days after receipt of the Agency's comments and recommendation on USEPA's
				objection. The Agency shall, within 90 days after receipt of such objection,
				respond to USEPA's objection in accordance with the Board's final order.
				[415 ILCS
				5/39.5(16)(c)(ii) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart E - MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY DETERMINATIONS › Section 106.500 - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) Description. The
				provisions of this Subpart will apply to any proceeding initiated by an owner
				or operator of a CAAPP source under Section 39.5(19)(a) or (e) of the Act
				challenging the Agency's determination not to utilize the hazardous air
				pollutant emission limitation proposed by the CAAPP source or the hazardous air
				pollutant limitation for a case-by-case maximum achievable control technology
				(MACT) proposed by the CAAPP source.
b) Parties. The owner or operator of the
				CAAPP source who initiates the proceeding must be named as petitioner and the
				Agency must be named as respondent.
c) Filing and service. The filing and service
				requirements of 35 Ill. Adm. Code 101. Subparts C and J will apply to the
				proceedings of this Subpart.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart E - MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY DETERMINATIONS › Section 106.502 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The definitions of 35 Ill. Adm. Code 101.Subpart B and
				  Section 39.5 of the Act will apply to this Subpart unless otherwise provided,
				  or unless the context clearly indicates otherwise. If there is a conflict, the
				  definitions of Section 39.5 of the Act will apply.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart E - MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY DETERMINATIONS › Section 106.504 - Initiation of Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator of a CAAPP source may initiate a
				  proceeding before the Board by serving a petition upon the Agency and filing
				  with the Clerk.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart E - MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY DETERMINATIONS › Section 106.506 - Petition Content Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
A petition filed under Section 39.5(19)(a) and (e) of the Act
				  must include:
a) A detailed
				description of and justification for the emission limitation that is being
				proposed for the source and an explanation of how the emission limitation
				provides for the level of control required under Section 112 of the CAA (
				42 USC
				7412 );
b) A petition filed under Section 39.5(19)(a)
				of the Act must also include justification for the Board to determine whether
				the emission limitation proposed by the owner or operator of the CAAPP source
				provides for the emission limitation equivalent to the emission limitation that
				would apply to the source if USEPA had promulgated the applicable emission
				standard under Section 112(d) of the CAA (
				42 USC
				7412(d) ) in a timely
				manner; and
c) The Agency's
				notification of its refusal to adopt the CAAPP source's proposed emission
				limitation or the CAAPP source's MACT determination.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart E - MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY DETERMINATIONS › Section 106.508 - Response and Reply

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency may file a response to the petition of the owner or operator within 21
				days after service of the petition.
b) The owner or operator may file a reply
				within 21 days after the filing of any response.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart E - MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY DETERMINATIONS › Section 106.510 - Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
The Board will hold at least one public hearing. The Clerk
				  will give notice of the petition and any hearing in accordance with 35 Ill.
				  Adm. Code
				  101.602.
				  The proceeding will be conducted in accordance with 35 Ill. Adm. Code 101.
				  Subpart F, including any hearing held by video conference (see 35 Ill. Adm.
				  Code
				  101.600(b)
				  ).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart E - MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY DETERMINATIONS › Section 106.512 - Burden of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
The burden of proof will be on the petitioner to demonstrate
				  that the emission limitation provides for the level of control required under
				  Section 112 of the Clean Air Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart E - MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY DETERMINATIONS › Section 106.514 - Board Action

Current through Register Vol. 48, No. 28, July 12, 2024
The Board shall determine whether the emission limitation
				  proposed by the owner or operator or an alternative emission limitation
				  proposed by the Agency provides for the level of control required under Section
				  112 of the Clean Air Act, or shall otherwise establish an appropriate emission
				  limitation, pursuant to Section 112 of the Clean Air Act. [415 ILCS
				  5/39.5(19)(a) and (e)
				  ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart F - CULPABILITY DETERMINATIONS FOR PARTICULATE MATTER LESS THAN OR EQUAL TO 10 MICRONS (PM-10) › Section 106.600 - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) Description. The
				provisions of this Subpart will apply to any appeal initiated under 35 Ill.
				Adm. Code
				212.702
				by an owner or operator of a source under a finding by the Agency of
				culpability for an exceedence of the 24-hour ambient air quality standard for
				particulate matter less than or equal to 10 microns (PM-10) at 35 Ill. Adm.
				Code
				243.120.
b) Parties. The owner or operator of a source
				who initiated the proceeding will be named as the petitioner and the Agency
				will be named as respondent.
c)
				Filing and service. The filing and service requirements of 35 Ill. Adm. Code
				101. Subparts C and J will apply to the proceedings of this Subpart.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart F - CULPABILITY DETERMINATIONS FOR PARTICULATE MATTER LESS THAN OR EQUAL TO 10 MICRONS (PM-10) › Section 106.602 - Initiation of Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator of a source may initiate a proceeding
				  before the Board by serving a petition for review of the Agency culpability
				  determination and filing the petition with the Clerk.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart F - CULPABILITY DETERMINATIONS FOR PARTICULATE MATTER LESS THAN OR EQUAL TO 10 MICRONS (PM-10) › Section 106.604 - Petition Content Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
A petition for review filed under this Subpart must
				  include:
a) A copy of the letter, or
				other written communication, setting forth the Agency's finding of
				culpability;
b) A clear
				identification of the county in which the source is located; and
c) A detailed description of, and
				justification for, the source's position that the Agency's finding of
				culpability is incorrect.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart F - CULPABILITY DETERMINATIONS FOR PARTICULATE MATTER LESS THAN OR EQUAL TO 10 MICRONS (PM-10) › Section 106.606 - Response and Reply

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Agency must file a response to a petition appealing a determination of
				culpability within 21 days after service of the petition.
b) The Agency's response must contain, at a
				minimum, the basis of its determination of the petitioner's culpability,
				including any meteorological, monitoring, or sampling data upon which the
				determination was made.
c) The
				petitioner may file a reply within 7 days after the service of any response by
				the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart F - CULPABILITY DETERMINATIONS FOR PARTICULATE MATTER LESS THAN OR EQUAL TO 10 MICRONS (PM-10) › Section 106.608 - Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 14 days
				after a petition is filed, the Agency must publish notice of the petition in a
				newspaper of general circulation in the county in which the source is located.
				Within 30 days after the filing of the petition, any person may file with the
				Clerk a request for hearing on the petition.
b) The hearing officer will schedule any
				hearing. The Clerk must give notice of the hearing in accordance with 35 Ill.
				Adm. Code
				101.602.
				The proceeding will be conducted in accordance with 35 Ill. Adm. Code 101.
				Subpart F, including any hearing held by video conference (see 35 Ill. Adm.
				Code
				101.600(b)
				).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart F - CULPABILITY DETERMINATIONS FOR PARTICULATE MATTER LESS THAN OR EQUAL TO 10 MICRONS (PM-10) › Section 106.610 - Burden of Proof

Current through Register Vol. 48, No. 28, July 12, 2024
The burden of proof will be on the petitioner to demonstrate
				  that the Agency's determination of culpability is incorrect.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart G - INVOLUNTARY TERMINATION OF ENVIRONMENTAL MANAGEMENT SYSTEM AGREEMENTS (EMSAs) › Section 106.700 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Subpart is to set forth the criteria and
				  procedures under which the Board or the Agency may terminate an EMSA, as
				  defined in 35 Ill. Adm. Code
				  101.202.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart G - INVOLUNTARY TERMINATION OF ENVIRONMENTAL MANAGEMENT SYSTEM AGREEMENTS (EMSAs) › Section 106.702 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) When the Agency
				terminates an EMSA under Section 52.3 -4(b) or (b-5) of the Act, only Section
				106.704
				applies.
b) This Subpart, except
				for Section 106.704, applies to proceedings in which the Board will determine
				whether to terminate an EMSA.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart G - INVOLUNTARY TERMINATION OF ENVIRONMENTAL MANAGEMENT SYSTEM AGREEMENTS (EMSAs) › Section 106.704 - Termination Under Section 52.3-4(b) or (b-5) of the Act

Current through Register Vol. 48, No. 28, July 12, 2024
a) To terminate an EMSA under Section
				52.3-4(b) of the Act, the Agency must determine that the sponsor's performance
				under the EMSA has failed to:
1)
Achieve emissions reductions or reductions in discharges of wastes
				beyond the otherwise applicable statutory and regulatory requirements through
				pollution prevention or other suitable means; or
2)
Achieve real environmental risk
				reduction or foster environmental compliance by other persons regulated under
				the Act in a manner that is clearly superior to the existing regulatory
				system.
[ 415 ILCS 5/52.3 -1(b)]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart G - INVOLUNTARY TERMINATION OF ENVIRONMENTAL MANAGEMENT SYSTEM AGREEMENTS (EMSAs) › Section 106.706 - Who May Initiate, Parties

Current through Register Vol. 48, No. 28, July 12, 2024
a) Only the Agency may commence a proceeding
				to terminate an EMSA under this Subpart.
b) The Agency must be designated the
				complainant. The sponsor must be designated the respondent.
c) Misnomer of a party is not a ground for a
				dismissal; the name of any party may be corrected at any time.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart G - INVOLUNTARY TERMINATION OF ENVIRONMENTAL MANAGEMENT SYSTEM AGREEMENTS (EMSAs) › Section 106.707 - Notice, Statement of Deficiency, Answer

Current through Register Vol. 48, No. 28, July 12, 2024
a) A proceeding to terminate an EMSA will be
				commenced when the Agency serves a notice of filing and a statement of
				deficiency upon the respondent and files the notice of filing and statement of
				deficiency with the Clerk. (See 35 Ill. Adm. Code
				101.300(b) and
				(c),
				101.302(h),
				and
				101.304(c).)
b) The statement of deficiency must contain:
1) The stated basis for the respondent's
				alleged deficient performance under Section
				106.712(a);
2) The dates, location, nature, extent and
				duration of any act or omission, and amount and other characteristics of any
				discharges or emissions, alleged to violate provisions of the Act or
				regulations that apply to the pilot project that the EMSA does not
				address;
3) The dates, location,
				nature, extent and duration of any act or omission, and amount and other
				characteristics of any discharges or emissions, alleged to violate the EMSA;
				and
4) With respect to subsections
				(b)(1) through (b)(3), the statement of deficiency must contain sufficient
				detail to advise the respondent of the extent and nature of the alleged
				violations to reasonably allow the respondent to prepare a defense.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart G - INVOLUNTARY TERMINATION OF ENVIRONMENTAL MANAGEMENT SYSTEM AGREEMENTS (EMSAs) › Section 106.708 - Service

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency must serve a copy of the notice of filing and
				  statement of deficiency personally, by U.S. Mail with a recipient's signature
				  recorded, or by a third-party commercial carrier with a recipient's signature
				  recorded. (See 35 Ill. Adm. Code
				  101.300(c)
				  and
				  101.304(c)(2).)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS › Subpart G - INVOLUNTARY TERMINATION OF ENVIRONMENTAL MANAGEMENT SYSTEM AGREEMENTS (EMSAs) › Section 106.710 - Notice of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Upon the filing of a statement of deficiency, a hearing officer will be
				designated and the Clerk will notify the parties of the designation. Any
				hearing will be held not later than 60 days after the respondent files the
				answer, subject to any extensions ordered under subsection (b).
b) The hearing officer, after reasonable
				efforts to consult with the parties, will set a time and place for hearing. The
				Board or the hearing officer may extend the time for hearing if all parties
				agree or there are extreme and unanticipated or uncontrollable circumstances
				that warrant a delay. The Board or the hearing officer may delay the hearing
				more than once. In each event, the Board or the hearing officer will not delay
				the hearing for more than 30 days.
c) The hearing will be held under 35 Ill.
				Adm. Code 101. Subpart F, including any hearing held by video conference (see
				35 Ill. Adm. Code
				101.600(b)
				).
d) After the hearing officer
				schedules the hearing, the Clerk will give notice of hearing in accordance with
				35 Ill. Adm. Code 101.
e) The
				Agency must give notice of each statement of deficiency and hearing under
				Section
				106.708(b)
				at least 10 days before the hearing to:
1) All
				stakeholders named or listed in the EMSA; and
2) Any person who submitted written comments
				on the respondent's EMSA or participated in the public hearing on the
				respondent's EMSA by signing an attendance sheet or signature card under the
				procedures set forth in 35 Ill. Adm. Code
				187.404,
				if fewer than 100 persons attended the public hearing on the respondent's EMSA
				as indicated by signatures on the attendance sheet or signature
				cards.