Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart D - ADJUSTED STANDARDS › Section 104.406 - Petition Content Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
If the Agency is a co-petitioner, the petition must so state.
				  The petition must contain headings corresponding to the informational
				  requirements of each subsection of this Section. If the petitioner believes
				  that any of the informational requirements are not applicable to the specific
				  adjusted standard requested, the petitioner must so state and explain his
				  reasoning. The following information must be contained in the petition:
a) A statement describing the standard from
				which an adjusted standard is sought. This must include the Illinois
				Administrative Code citation to the regulation of general applicability
				imposing the standard as well as the effective date of that
				regulation;
b) A statement that
				indicates whether the regulation of general applicability was promulgated to
				implement, in whole or in part, the requirements of the CWA (
				33 USC
				1251 et seq.), Safe Drinking Water Act (
				42 USC
				300(f) et seq.),
				Comprehensive Environmental Response, Compensation and Liability Act (
				42
				USC 9601 et seq.), CAA (
				42 USC
				7401 et seq.), or the State programs
				concerning RCRA, UIC, or NPDES (see
				415 ILCS
				5/28.1 );
c) The level of justification as well as
				other information or requirements necessary for an adjusted standard as
				specified by the regulation of general applicability or a statement that the
				regulation of general applicability does not specify a level of justification
				or other requirements (see
				415 ILCS
				5/28.1 and Section
				104.426 of this
				Part);
d) A description of the
				nature of the petitioner's activity that is the subject of the proposed
				adjusted standard. The description must include the location of, and area
				affected by, the petitioner's activity. This description must also include the
				number of persons employed by the petitioner's facility at issue, age of that
				facility, relevant pollution control equipment already in use, and the
				qualitative and quantitative description of the nature of emissions, discharges
				or releases currently generated by the petitioner's activity;
e) A description of the efforts that would be
				necessary if the petitioner was to comply with the regulation of general
				applicability. All compliance alternatives, with the corresponding costs for
				each alternative, must be discussed. The discussion of costs must include the
				overall capital costs as well as the annualized capital and operating
				costs;
f) A narrative description
				of the proposed adjusted standard as well as proposed language for a Board
				order that would impose the standard. Efforts necessary to achieve this
				proposed standard and the corresponding costs must also be presented;
g) The quantitative and qualitative
				description of the impact of the petitioner's activity on the environment if
				the petitioner were to comply with the regulation of general applicability as
				compared to the quantitative and qualitative impact on the environment if the
				petitioner were to comply only with the proposed adjusted standard. To the
				extent applicable, cross-media impacts must be discussed. Also, the petitioner
				must compare the qualitative and quantitative nature of emissions, discharges
				or releases that would be expected from compliance with the regulation of
				general applicability as opposed to that which would be expected from
				compliance with the proposed adjusted standard;
h) A statement that explains how the
				petitioner seeks to justify, under the applicable level of justification, the
				proposed adjusted standard;
i) A
				statement with supporting reasons that the Board may grant the proposed
				adjusted standard consistent with federal law. The petitioner must also inform
				the Board of all procedural requirements applicable to the Board's decision on
				the petition that are imposed by federal law and not required by this Subpart.
				Relevant regulatory and statutory authorities must be cited;
j) A statement requesting or waiving a
				hearing on the petition (under Section
				104.422(a)(4)
				a hearing will be held on all petitions for adjusted standards filed under 35
				Ill. Adm. Code
				212.126
				);
k) The petition must cite to
				supporting documents or legal authorities whenever they are used as a basis for
				the petitioner's proof. Relevant portions of the documents and legal
				authorities other than Board decisions, State regulations, statutes, and
				reported cases must be appended to the petition;
l) Any additional information that may be
				required in the regulation of general applicability.