reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Appendix H - Affidavit or Certificate of E-Mail Service › ILLUSTRATION B - E-Mail Service by Attorney

Current through Register Vol. 48, No. 28, July 12, 2024
CERTIFICATE OF E-MAIL SERVICE
I, the undersigned, on oath [or affirmation] state the
				  following:
That I have served the attached [describe document
				  served] by e-mail upon [identify person served] at the e-mail address of
				  [identify e-mail address of person served].
That my e-mail address is
				  _____________________________.
That the number of pages in the e-mail
				  transmission is ______.
That the e-mail transmission took place before
				  5:00 p.m. on the date of _____________.
[signature]
[date]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 101 - GENERAL RULES › Appendix I - Consent to Receipt of E-Mail Service

Current through Register Vol. 48, No. 28, July 12, 2024
BEFORE THE ILLINOIS POLLUTION CONTROL
				BOARD
Click here to view
				image
I, the undersigned, authorize the service of documents on me by
				e-mail in lieu of receiving paper documents in the above-captioned proceeding.
				My primary e-mail address to receive service is ____________ [you must
				designate a primary e-mail address]. My secondary e-mail address or e-mail
				addresses, if any, to receive service are ________________________ [you are not
				required to designate a secondary e-mail address, but if you do, you may
				designate up to two secondary e-mail addresses].
[signature]
[date]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart A - GENERAL PROVISIONS › Section 102.100 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
				applies to all regulatory and informational hearings and proceedings, and must
				be read in conjunction with 35 Ill. Adm. Code 101. Hearings conducted under
				this Part are quasi-legislative in nature and the purpose of the hearings is to
				gather information and comments to guide the Board in its rulemaking process.
				All testimony must be sworn.
b) All
				persons taking part in these hearings are participants, rather than parties as
				in contested cases. Non-attorneys may represent themselves and others at
				regulatory hearings and may ask questions of witnesses or give testimony or
				comment as allowed by the hearing officer.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart A - GENERAL PROVISIONS › Section 102.102 - 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 portion not adjudged invalid.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart A - GENERAL PROVISIONS › Section 102.104 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For the purpose of this Part, words and terms will have the
				  meanings 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 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart A - GENERAL PROVISIONS › Section 102.106 - Types of Regulatory Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Act provides for 5 types of regulatory
				proposals:
1) Identical-in-substance
				rulemakings, as defined in Sections 7.2, 13.3, 28.2 and 28.4 of the Act [
				415 ILCS
				5/7.2, 13.3, 28.2, and 28.4];
2) Federally required rules, as defined in
				Section 28.2 of the Act [
				415 ILCS
				5/28.2 ];
3) Other regulatory proposals, both of
				general applicability and not of general applicability as allowed by Sections
				26, 27 and 28 of the Act [
				415 ILCS
				5/26, 27, and 28 ];
4) Clean Air Act fast track rulemakings as
				defined by Section 28.5 of the Act [
				415 ILCS
				5/28.5 ]; and
5) Rulemakings to update incorporations by
				reference, as allowed by Section 28.6 of the Act [
				415 ILCS
				5/28.6 ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart A - GENERAL PROVISIONS › Section 102.108 - Public Comments

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Board will accept written comments from any person concerning a regulatory
				proposal during the first notice period as defined in Section
				102.604.
				However, when adopting identical-in-substance regulations, the Board will
				accept written comments from USEPA and other persons for at least 45 days after
				the date of publication of the proposed regulations or amendments in the
				Illinois Register in accordance with Section
				102.610.
b) Any person may submit written comments on
				any proposal within 14 days after the receipt of the hearing transcript in
				Board offices unless otherwise specified by the hearing officer or the
				Board.
c) Comments must be filed
				with the Clerk and served in accordance with 35 Ill. Adm. Code 101. Subpart C
				upon the Agency, DNR, the Attorney General (if a participant), the proponent,
				and the participants on any service list established by the hearing officer
				under Section
				102.422
				unless otherwise specified by the hearing officer or the Board.
d) Comments that are not timely filed or
				properly served will not be considered, except as allowed by the hearing
				officer or the Board to prevent material prejudice.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart A - GENERAL PROVISIONS › Section 102.112 - Other Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
Under Section 5(d) of the Act or other applicable law, the
				  Board may conduct such other noncontested or informational hearings as may be
				  necessary to accomplish the purposes of the Act or other applicable law. The
				  hearings may include inquiry hearings to gather information on any subject the
				  Board is authorized to regulate.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart A - GENERAL PROVISIONS › Section 102.114 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
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 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart B - REGULATIONS OF GENERAL APPLICABILITY, RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AMENDMENTS, AND SITE-SPECIFIC REGULATIONS › Section 102.200 - Proposal for Regulations of General Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
Any person may submit a regulatory proposal for the adoption,
				  amendment, or repeal of a regulation. The proposal must be filed with the Clerk
				  in accordance with 35 Ill. Adm. Code
				  101.302(h)
				  and served upon the Attorney General, the Agency, and DNR in accordance with 35
				  Ill. Adm. Code
				  101.304(c).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart B - REGULATIONS OF GENERAL APPLICABILITY, RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AMENDMENTS, AND SITE-SPECIFIC REGULATIONS › Section 102.202 - Proposal Contents for Regulations of General Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
A proposal must include:
a) The language of the proposed rule,
				including any existing regulatory language proposed to be amended or repealed.
				Language being added must be indicated by underscoring, and language being
				deleted must be indicated by strike-outs. The proposed rule must be drafted in
				accordance with 1 Ill. Adm. Code 100. Subpart C;
b) A statement of the reasons supporting the
				proposal, including a statement of the facts that support the proposal, and a
				statement of the purpose and effect of the proposal, including environmental,
				technical, and economic justification. The statement must discuss the
				applicable factors listed in Section 27(a) of the Act. The statement must
				include, to the extent reasonably practicable, all affected sources and
				facilities and the economic impact of the proposed rule;
c) A synopsis of all testimony to be
				presented by the proponent at hearing;
d) Any material to be incorporated by
				reference within the proposed rule under Section 5-75 of the IAPA;
e)
A descriptive title or other
				description of any published study or research report used in developing the
				rule, the identity of the person who performed such study, and a description of
				where the public may obtain a copy of any such study or research report. If the
				study was performed by an agency or by a person or entity that contracted with
				the agency for the performance of the study, the agency shall also make copies
				of the underlying data available to members of the public upon request if the
				data are not protected from disclosure under the Freedom of Information
				Act
(FOIA) [ 5 ILCS 140 ]. [
				5 ILCS
				100/5-40 (3.5 )];
f) Documentation of service upon all persons
				required to be served under Section
				102.422;
g) Unless the proponent is the Agency or DNR,
				a petition signed by at least 200 persons, under Section 28 of the Act and
				Section
				102.410(b);
h) When the Agency proposes a rule it
				believes is federally required, a certification in accordance with Section
				102.500;
i) For a proposed rule that amends an
				existing Board rule, a written statement or certification that the proposal
				amends the most recent version of the rule as published on the Board's Web site
				or as obtained from the Clerk;
j)
				An electronic version of the proposed rule language required under subsection
				(a) in Microsoft Word for Windows, version 6.0 or greater; and
k) When any information required under this
				Section is inapplicable or unavailable, a complete justification for the
				inapplicability or unavailability.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart B - REGULATIONS OF GENERAL APPLICABILITY, RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AMENDMENTS, AND SITE-SPECIFIC REGULATIONS › Section 102.204 - Proposal of RCRA Amendments

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to satisfying the requirements of Section
				  102.202,
				  any proposal to amend the RCRA regulations must:
a) Indicate whether it is made under Section
				22.4(a), 22.4(b) or 22.4(c) of the Act;
b) Include a listing of all amendments to the
				corresponding federal regulations since the period encompassed by the last
				amendment of the Board's RCRA rules; and
c) Include a certificate of service
				indicating that a copy of the proposal has been served on the USEPA. Service
				must be made at the following address:
Director, Waste Management Division
USEPA, Region V
77 W. Jackson Street
Chicago, Illinois 60604
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart B - REGULATIONS OF GENERAL APPLICABILITY, RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AMENDMENTS, AND SITE-SPECIFIC REGULATIONS › Section 102.206 - Notice of Site-Specific RCRA Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Public notice of hearings on site-specific
				RCRA proposals will be given at least 30 days before the date of the
				hearing.
b) In addition to the
				requirements of Section 28 of the Act, the Board, at a minimum, will give
				notice of hearings on a site-specific RCRA proposal to the following persons:
1) Federal agencies as designated by the
				USEPA;
2) Illinois Department of
				Transportation;
3) DNR;
4) Illinois Department of Public
				Health;
5) The Governor of any
				other state adjacent to the county in which the facility is located;
				and
6) Elected officials of any
				counties, in other states, adjacent to the county in which the facility is
				located, and elected officials in any municipality, in another state, if it is
				the closest population center to the facility.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart B - REGULATIONS OF GENERAL APPLICABILITY, RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AMENDMENTS, AND SITE-SPECIFIC REGULATIONS › Section 102.208 - Proposal for Site-Specific Regulations

Current through Register Vol. 48, No. 28, July 12, 2024
Any person may submit a written proposal for the adoption,
				  amendment or repeal of a substantive site-specific regulation. The proposal
				  must be filed with the Clerk in accordance with 35 Ill. Adm. Code
				  101.302(h)
				  and served upon the Agency, DNR, and the Attorney General in accordance with 35
				  Ill. Adm. Code
				  101.304(c).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart B - REGULATIONS OF GENERAL APPLICABILITY, RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AMENDMENTS, AND SITE-SPECIFIC REGULATIONS › Section 102.210 - Proposal Contents for Site-Specific Regulations

Current through Register Vol. 48, No. 28, July 12, 2024
Proponents of site-specific regulations other than those
				  relating to RCRA must comply with the requirements of Section
				  102.202
				  in addition to the following requirements:
a) If the proposed site-specific rule seeks
				an exemption from or modification of a rule of general applicability, the
				proposed site-specific rule may not be proposed as an amendment to the general
				rule. Instead, the site-specific rule must be proposed as its own
				Section;
b) In the event that the
				proposed rule would replace the applicability of a general rule to the
				pollution source, the proposal must specify, with supporting documentation, the
				reasons why the general rule is not technically feasible or economically
				reasonable for the person or site. The documentation must include relevant
				information on other similar persons' or sites' ability to comply with the
				general rule. Where relevant to the Board's consideration, the proposal must
				also include information pertaining to
existing physical conditions,
				the character of the area involved, including the character of surrounding land
				uses, zoning classifications
, and
the nature of the existing
				air quality or receiving body of water.
[
				415 ILCS
				5/27(a) ];
c)
A descriptive title or other
				description of any published study or research report used in developing the
				rule, the identity of the person who performed such study, and a description of
				where the public may obtain a copy of any such study or research report. If the
				study was performed by an agency or by a person or entity that contracted with
				the agency for the performance of the study, the agency shall also make copies
				of the underlying data available to members of the public upon request if the
				data are not protected from disclosure under
FOIA
.
[
				5 ILCS
				100/5-40 (3.5 )];
d) The proposal must describe the person or
				site for which regulatory change is sought and the area affected by the
				proposed change. The proposal must also include a detailed assessment of the
				environmental impact of the proposed change, and include a description of
				available treatment or control options;
e) The proposal must demonstrate that the
				Board may grant the requested relief consistent with federal law governing the
				subject of the proposal (e.g., Underground Injection Control program, Resource
				Conservation and Recovery Act, etc.); and
f) When any information required under this
				Section is inapplicable or unavailable, the proposal must provide a complete
				justification for the inapplicability or unavailability.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart B - REGULATIONS OF GENERAL APPLICABILITY, RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AMENDMENTS, AND SITE-SPECIFIC REGULATIONS › Section 102.211 - Proposal to Update Incorporations by Reference

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Any person may file a proposal
				with the Board to update an incorporation by reference included in a Board
				rule. The Board or the Agency may also make such a proposal on its own
				initiative.
[
				415 ILCS
				5/28.6(a) ] The proposal must be
				filed with the Clerk in accordance with 35 Ill. Adm. Code
				101.302(h)
				and served on the Agency, DNR, and the Attorney General in accordance with 35
				Ill. Adm. Code
				101.304(c).
b)
A rulemaking to update an
				incorporation by reference under this Section must
:
1)
Be for the sole purpose of
				replacing a reference to an older or obsolete version of a document with a
				reference to the current version of that document or its successor
				document
; and
2)
Comply with Sections 5-40 and 5-75 of the IAPA.
[
				415 ILCS
				5/28.6(b), (c) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart B - REGULATIONS OF GENERAL APPLICABILITY, RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AMENDMENTS, AND SITE-SPECIFIC REGULATIONS › Section 102.212 - Dismissal

Current through Register Vol. 48, No. 28, July 12, 2024
a) Failure of the
				proponent to satisfy the content requirements for proposals under this Subpart
				or failure to respond to Board requests for additional information will render
				a proposal subject to dismissal for inadequacy.
b) Failure of the proponent to pursue
				disposition of the proposal in a timely manner will render a proposal subject
				to dismissal. In making this determination, the Board will consider factors
				including the history of the proceeding and the proponent's compliance with any
				Board or hearing officer orders.
c)
				A proposal will be dismissed for inadequacy in cases in which the Board, after
				evaluating the proposal, cannot determine the statutory authority on which the
				proposal is made. Dismissal of a proposal will not bar a proponent from
				re-submitting a proposal in the absence of any deadline imposed by applicable
				law or Board regulations.
d) Any
				person may file a motion challenging the statutory authority or sufficiency of
				the proposal under 35 Ill. Adm. Code 101. Subpart E.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart C - CLEAN AIR ACT AMENDMENTS (CAAA) FAST TRACK RULEMAKING › Section 102.300 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart applies to
rules proposed by the Agency
				  and required to be adopted by the State under the Clean Air Act as amended by
				  the Clean Air Act Amendments of 1990 (CAAA). A
"fast-track"
				  rulemaking proceeding is a proceeding to promulgate a rule that the CAAA
				  requires to be adopted. For purposes of this Section, "requires to be adopted"
				  refers only to those regulations or parts of regulations for which the United
				  States Environmental Protection Agency is empowered to impose sanctions against
				  the State for failure to adopt such rules.
[
				  415 ILCS
				  5/28.5(a), (c) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart C - CLEAN AIR ACT AMENDMENTS (CAAA) FAST TRACK RULEMAKING › Section 102.302 - Agency Proposal

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				When proposing a regulation required by the CAAA, the Agency proposal must meet
				the following requirements:
1) Set forth the
				proposed rule, which must be drafted in accordance with 1 Ill. Adm. Code 100.
				Subpart C;
2) Include a cover sheet
				that prominently states that the Agency proposes the rule under Section 28.5 of
				the Act,
unless another provision of the Act specifies the method for
				adopting a specific rule
[
				415 ILCS
				5/28.5(c) ];
3)
Clearly identify the provisions
				and portions of the federal statute, regulations, guidance, policy statement,
				or other documents upon which the rule is based
[
				415 ILCS
				5/28.5(e)(3) ];
4) Include
supporting documentation
				for the rule that summarizes the basis of the rule
[
				415 ILCS
				5/28.5(e)(4) ];
5)
Describe
in
				general the alternative selected and the basis for the alternative
[
				415 ILCS
				5/28.5(e)(5) ];
6) Summarize the economic and technical data
				that the Agency relied upon in drafting the proposed rule;
7) Include a list of any documents that the
				Agency directly relied upon in drafting the proposed rule or that the Agency
				intends to rely upon at hearing, and copies of the documents;
8) Set forth
a description of the
				geographical area to which the rule is intended to apply, a description of the
				process or processes affected, and identification by classes of the entities
				expected to be affected, and a list of sources expected to be affected by the
				rule to the extent known to the Agency
[
				415 ILCS
				5/28.5(e)(8) ];
9) Include a
descriptive title or
				other description of any published study or research report used in developing
				the rule, the identity of the person who performed such study, and a
				description of where the public may obtain a copy of any such study or research
				report. If the study was performed by an agency or by a person or entity that
				contracted with the agency for the performance of the study, the agency shall
				also make copies of the underlying data available to members of the public upon
				request if the data are not protected from disclosure under
FOIA. [
				5 ILCS
				100/5-40 (3.5 )]; and
10) Include an electronic version of the
				information required under subsection (a)(1) in Microsoft Word for Windows,
				version 6.0 or greater.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart C - CLEAN AIR ACT AMENDMENTS (CAAA) FAST TRACK RULEMAKING › Section 102.304 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 14 days
				after the receipt of a rule, the Board will file the proposed rule for first
				notice and schedule all hearings. Additionally, the Board will send notice of
				the scheduled hearing to the appropriate publication. The hearing notice will
				be published at least 30 days before the date of the hearing. When the Board
				can cause timely publication of the hearing notice in the Illinois Register,
				the Board will do so in lieu of newspaper notice.
b) The first hearing will be held within 55
				days after receipt of the rule and is reserved for the Agency's testimony and
				questions of the Agency's witnesses.
c) Within 7 days after the first hearing, any
				person may request a second hearing. The request may be made on the record at
				the first hearing or in writing. If done in writing it must be filed with the
				Board and served upon the service list.
d) A second hearing will be held to hear
				comments on Department of Commerce and Economic Opportunity's economic impact
				study of the proposed rules.
At least 20 days before the hearing, the
				Board shall notify the public of the hearing and make the economic impact
				study, or the Department of Commerce and
Economic Opportunity's
explanation for not producing an economic impact study, available to
				the public. Such public hearing may be held simultaneously or as part of any
				Board hearing considering such new rules
[415 ILCS
				5/27(b) ]. See also Section
				102.414.
				The second hearing must also permit the
presentation of testimony,
				documents, and comments by affected entities and all other interested
				persons
. [415 ILCS
				5/28.5(g) ]
e)
The third hearing shall be
				scheduled to commence within 14 days after the first day of the second hearing
				and shall be devoted solely to any Agency response to the material submitted at
				the second hearing and to any response by other parties
[415 ILCS
				5/28.5(g) ]. In order to cancel the
				third hearing, the Agency must state on the record at hearing that it and the
				affected entities are in agreement or notify the Board and the service list in
				writing.
f) In order to meet
				statutory deadlines, hearing dates may be chosen by the assigned Board member
				and hearing officer without consultation with the participants. CAAA hearings
				need only be held in one affected area of the State.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart C - CLEAN AIR ACT AMENDMENTS (CAAA) FAST TRACK RULEMAKING › Section 102.306 - Prefiled Testimony

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				hearing officer will close the service list for purposes of prefiled testimony
				at 4:30 p.m. 16 days before the date of hearing.
b) Ten days before the hearing, copies of
				prefiled testimony must be filed with the Clerk and served upon all people who
				are on the service list as closed under subsection (a).
c) The Board may grant a waiver of the
				prefiling deadline or service requirement for good cause.
d) Participants who do not pre-file their
				testimony will only be allowed to testify if time remains in that hearing day.
				The hearing will not be continued from day to day to accommodate participants
				who do not prefile.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart D - SERVICE AND FILING OF DOCUMENTS, MOTIONS, PRODUCTION OF INFORMATION, SUBPOENAS, PREHEARING CONFERENCES, AND HEARINGS › Section 102.400 - Service and Filing of Documents

Current through Register Vol. 48, No. 28, July 12, 2024
All documents must be served and filed in accordance with 35
				  Ill. Adm. Code 101. Subparts C and J.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart D - SERVICE AND FILING OF DOCUMENTS, MOTIONS, PRODUCTION OF INFORMATION, SUBPOENAS, PREHEARING CONFERENCES, AND HEARINGS › Section 102.402 - Motions, Production of Information, and Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
Motion practice, production of information and the issuance
				  of subpoenas in regulatory proceedings is governed by 35 Ill. Adm. Code 101.
				  All motions and responses must be filed with the Board and served upon the
				  hearing officer, the proponent, the Agency, and all persons on any service list
				  established under Section
				  102.422(b).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart D - SERVICE AND FILING OF DOCUMENTS, MOTIONS, PRODUCTION OF INFORMATION, SUBPOENAS, PREHEARING CONFERENCES, AND HEARINGS › Section 102.404 - Initiation and Scheduling of Prehearing Conferences

Current through Register Vol. 48, No. 28, July 12, 2024
a) To the extent consistent with any deadline
				for adoption of any regulations mandated by State or federal law, prior to
				initiating any hearing on a regulatory proposal, the Board may assign a
				qualified hearing officer who may schedule a prehearing conference between the
				proponents and any or all of the potentially affected persons [415 ILCS
				5/27(d) ].
b) The hearing officer may schedule a
				prehearing conference on his or her own motion, or on the motion of the
				proponent or any potentially affected person. A "proponent" or a "potentially
				affected person" is any person, as defined by the Act and 35 Ill. Adm. Code
				101.202,
				who demonstrates any nexus to the source of the pollutant to be controlled by
				the proposal or who shows some impact from the pollutant to be controlled by
				the proposal. A motion to schedule a prehearing conference must be directed to
				the hearing officer.
c) In
				accordance with Section 27(d) of the Act, the notice requirements of Section 28
				of the Act and Section
				102.416 will
				not apply to prehearing conferences. However, the hearing officer will give
				notice to the proponents and any person who is included on the notice list of
				that proposal.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart D - SERVICE AND FILING OF DOCUMENTS, MOTIONS, PRODUCTION OF INFORMATION, SUBPOENAS, PREHEARING CONFERENCES, AND HEARINGS › Section 102.406 - Purpose of Prehearing Conference

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of a prehearing conference is:
a) To maximize understanding of the intent
				and application of the proposal;
b)
				To reach agreement on aspects of the proposal, if possible; and
c) To attempt to identify and limit the
				issues of disagreement among the participants to promote efficient use of time
				at hearing. [415 ILCS
				5/27(d) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart D - SERVICE AND FILING OF DOCUMENTS, MOTIONS, PRODUCTION OF INFORMATION, SUBPOENAS, PREHEARING CONFERENCES, AND HEARINGS › Section 102.408 - Prehearing Order

Current through Register Vol. 48, No. 28, July 12, 2024
a)
No record need be kept of the prehearing conference, nor shall any
				participant or the Board be bound by any discussions conducted at the
				prehearing conference.
[
				415 ILCS
				5/27(d) ]
b) Notwithstanding subsection (a),
with the consent of all participants in the prehearing conference, the
				hearing officer may enter a prehearing order delineating issues to be heard,
				agreed facts, and other matters.
[
				415 ILCS
				5/27(d) ]
c) If the participants in the prehearing
				conference agree to have a prehearing order entered under subsection (b), the
				hearing officer may require that those participants furnish a draft of a
				proposed order setting forth the substance of the agreements reached at the
				prehearing conference. The hearing officer will enter that order if he agrees
				that it sets forth the substance of the agreement. The order will identify
				which participants have agreed to the substance of the order.
d) A prehearing
order will not be
				binding on non-participants in the prehearing conference.
[
				415 ILCS
				5/27(d) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart D - SERVICE AND FILING OF DOCUMENTS, MOTIONS, PRODUCTION OF INFORMATION, SUBPOENAS, PREHEARING CONFERENCES, AND HEARINGS › Section 102.410 - Authorization of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				regulatory proposals will be placed on the Board agenda for determination of
				adequacy under the applicable law and this Part. The proponent must cure any
				inadequacy identified by Board order before the proposal will proceed to
				hearing.
b) The Board will schedule
				a hearing on a proposal if it finds that the proposal is
supported by
				an adequate statement of reasons, is accompanied by a petition signed by at
				least 200 persons, is not plainly devoid of merit and does not deal with a
				subject on which a hearing has been held within the preceding six
				months.
[
				415 ILCS
				5/28(a) ]
c) In accordance with Section 28(a) of the
				Act, if a proposal is made by the Agency, or DNR,
the Board shall
				schedule a public hearing without regard to the above conditions
in
				subsection (b) as soon as practicable. [
				415 ILCS
				5/28(a) ]
d) Under Section 28 of the Act,
the
				Board may also in its discretion schedule a public hearing upon any proposal
				without regard to the above conditions in
subsection (b). [
				415 ILCS
				5/28(a) ]
e) If the Board determines that a proposal
				meets the requirements of subsection (b) or is otherwise adequate under
				applicable law, and if any required filing fee has been paid, the Board will
				issue an order accepting the proposal for hearing. Such an order will be
				construed as starting the time clock for purposes of any first notice
				publication deadlines under Sections 28.2 and 28.5 of the Act.
f) When the Board authorizes a hearing, the
				Chairman will designate one or more attending Board members and a qualified
				hearing officer. A member of the Board may serve as hearing officer if
				otherwise qualified.
g) The Board
				may consolidate proposals for hearing or decision.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart D - SERVICE AND FILING OF DOCUMENTS, MOTIONS, PRODUCTION OF INFORMATION, SUBPOENAS, PREHEARING CONFERENCES, AND HEARINGS › Section 102.412 - Scheduling of Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except as otherwise provided by applicable law,
no substantive
				regulation shall be adopted, amended, or repealed until after a public hearing
				within the area of the State concerned
. In the case of site-specific
				rules, a public hearing will be held in the affected area. Except as otherwise
				provided by applicable law,
in the case of state-wide regulations,
				hearings shall be held in at least two areas.
[
				415 ILCS
				5/28(a) ]
b) If the proponent or any participant wishes
				to request a hearing beyond the number of hearings specified by the hearing
				officer, that person must demonstrate, in a motion to the hearing officer, that
				failing to hold an additional hearing would result in material prejudice to the
				movant. The motion may be oral, if made at hearing, or written. The movant must
				show that he exercised due diligence in his participation in the proceeding and
				why an additional hearing, as opposed to the submission of written comments
				under Section
				102.108, is
				necessary.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart D - SERVICE AND FILING OF DOCUMENTS, MOTIONS, PRODUCTION OF INFORMATION, SUBPOENAS, PREHEARING CONFERENCES, AND HEARINGS › Section 102.414 - Hearings on the Economic Impact of New Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a) In accordance with Section 27(b) of the
				Act, except as otherwise provided by applicable law, before the adoption of any
				proposed rules,
the Board shall request that the Department of Commerce
				and Economic Opportunity conduct a study of the economic impact of the proposed
				rules. The Board shall conduct at least one public hearing on the economic
				impact of those new rules. At least 20 days before the hearing, the Board shall
				notify the public of the hearing and make the economic impact study, or the
				Department of Commerce and Economic Opportunity's explanation for not producing
				an economic impact study, available to the public. Such public hearing may be
				held simultaneously or as a part of any Board hearing considering such new
				rules. In adopting any such new rule, the Board shall, in its written opinion,
				make a determination, based upon the evidence in the public hearing record,
				including, but not limited to, the economic impact study, as to whether the
				proposed rule has any adverse economic impact on the people of the State of
				Illinois.
[
				415 ILCS
				5/27(b) ]
b) If information of the economic impact of a
				proposed regulation is given at a general hearing on the proposal, the Board
				need not hold a special hearing on only the economic impact.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart D - SERVICE AND FILING OF DOCUMENTS, MOTIONS, PRODUCTION OF INFORMATION, SUBPOENAS, PREHEARING CONFERENCES, AND HEARINGS › Section 102.416 - Notice of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				hearing officer will set a time and place for hearing. The Clerk will give
				notice of the hearing as follows or as otherwise required by applicable law:
1) By notice on the Board's
				website;
2)
At least 20
				days prior to the scheduled date of the hearing the Board shall give notice of
				such hearing by public advertisement in a newspaper of general circulation in
				the area of the State concerned.
The notice will include,
the
				date, time, place and purpose of such hearing.
[
				415 ILCS
				5/28(a) ]; and
3) Where required by federal law, including
				air pollution and RCRA proposals, newspaper notice will be published at least
				30 days before the hearing date.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart D - SERVICE AND FILING OF DOCUMENTS, MOTIONS, PRODUCTION OF INFORMATION, SUBPOENAS, PREHEARING CONFERENCES, AND HEARINGS › Section 102.418 - Record

Current through Register Vol. 48, No. 28, July 12, 2024
All oral testimony will be recorded stenographically. The
				  proposal and all attachments, the transcript, all written testimony, all
				  exhibits admitted in connection with the hearing, and all written submissions
				  filed with the Clerk under Section
				  102.108 before or
				  after the close of the hearing will constitute the record.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart D - SERVICE AND FILING OF DOCUMENTS, MOTIONS, PRODUCTION OF INFORMATION, SUBPOENAS, PREHEARING CONFERENCES, AND HEARINGS › Section 102.420 - Authority of the Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
As necessary to conduct the regulatory hearing, the hearing
				  officer will have the same authorities in rulemaking proceedings as those set
				  forth in 35 Ill. Adm. Code 101.Subpart F.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart D - SERVICE AND FILING OF DOCUMENTS, MOTIONS, PRODUCTION OF INFORMATION, SUBPOENAS, PREHEARING CONFERENCES, AND HEARINGS › Section 102.422 - Notice and Service Lists

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Clerk's Office will maintain a notice list for each regulatory proceeding. The
				notice list will consist of those persons who have furnished their names and
				addresses to the Clerk's Office concerning the proposal. The Clerk will serve a
				copy of all Board orders and hearing officer orders upon the persons appearing
				on the notice list.
b) The hearing
				officer may establish a service list for any regulatory proceeding, in addition
				to the notice list. Unless ordered otherwise by the hearing officer,
				participants must serve copies of all their respective filings upon the persons
				appearing on the service list. In deciding whether to establish a service list,
				factors that the hearing officer will consider include the complexity of the
				proceeding and the number of participants. For purposes of fast-track
				rulemakings under Section 28.5 of the Act, participants of record will be the
				individuals on the service list.
c)
				The Board will not accept general requests to appear on all notice lists.
				Interested persons must submit their names and addresses for each proceeding in
				accordance with subsection (a).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart D - SERVICE AND FILING OF DOCUMENTS, MOTIONS, PRODUCTION OF INFORMATION, SUBPOENAS, PREHEARING CONFERENCES, AND HEARINGS › Section 102.426 - Admissible Information

Current through Register Vol. 48, No. 28, July 12, 2024
All information that is relevant and not repetitious or
				  privileged will be admitted by the hearing officer.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart D - SERVICE AND FILING OF DOCUMENTS, MOTIONS, PRODUCTION OF INFORMATION, SUBPOENAS, PREHEARING CONFERENCES, AND HEARINGS › Section 102.428 - Presentation of Testimony and Order of Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) All witnesses at hearings must be
				sworn;
b) Testimony must be in
				narrative form; and
c) Proponents
				must present testimony in support of the proposal first. Any questions or
				testimony in support of or opposition to the proposal must follow as directed
				by the hearing officer.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart D - SERVICE AND FILING OF DOCUMENTS, MOTIONS, PRODUCTION OF INFORMATION, SUBPOENAS, PREHEARING CONFERENCES, AND HEARINGS › Section 102.430 - Questioning of Witnesses

Current through Register Vol. 48, No. 28, July 12, 2024
All witnesses will be subject to questioning by any person.
				  Repetitious, irrelevant, harassing, or cumulative questioning will be
				  prohibited by the hearing officer. The Board will not consider as substantive
				  evidence any unsworn information that is presented in the form of a question
				  during questioning of any witness.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart E - CERTIFICATION OF REQUIRED RULES › Section 102.500 - Agency Certification

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				When the Agency proposes a rule which it believes to be a required rule, as
				defined by Section 28.2(a) of the Act the Agency shall so certify in its
				proposal, identifying the federal law to which the proposed rule will respond
				and the rationale upon which the certification is based [415 ILCS
				5/28.2(b) ]. The certification must
				include a citation to the specific section of the specific federal law to which
				the proposed rule will respond.
b)
				The Board shall either accept or reject the certification within 45 days and
				shall reference the certification in the first notice of the proposal published
				in the Illinois Register as provided by the Illinois Administrative Procedure
				Act [415 ILCS
				5/28.2(b) ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart E - CERTIFICATION OF REQUIRED RULES › Section 102.502 - Challenge to Agency Certification

Current through Register Vol. 48, No. 28, July 12, 2024
a) If any person wishes to challenge the
				Agency's certification that a proposed rule is a required rule, that person
				must file an objection to that certification within 21 days after the date of
				the Board's order accepting a proposal for hearing. The objection must state
				the reasons that the objector believes that the proposed rule is not a required
				rule, and must include all arguments that the objector wishes the Board to
				consider. A copy of the objection must be served upon the Agency, the Attorney
				General's Office, and DNR.
b) The
				Agency may file a response to any objection within 14 days after the service of
				that objection. No reply by the objector will be allowed, unless the Board
				orders otherwise to avoid material prejudice.
c) No hearing will be held on any objection
				filed under this Section.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart E - CERTIFICATION OF REQUIRED RULES › Section 102.504 - Board Determination

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Board will rule upon any objection filed under this Subpart within 60 days
				after the date that the Board accepts a proposal for hearing.
b) In ruling upon an objection to an Agency
				certification, the Board will consider all information in the record of that
				proceeding, including the proposal, the objection, and the Agency response to
				the objection. The burden of proof is on the objector.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart F - BOARD ACTION › Section 102.600 - Revision of Proposed Regulations

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board may revise the proposed
				regulations before adoption upon its own motion or in response to suggestions
				made at hearing and in written comments made prior to second notice. No
				additional hearing on the revisions need be held.
b) Unless otherwise provided by applicable
				law, the Board may revise the proposed regulations after hearing in response to
				objections or suggestions made by the Joint Committee on Administrative Rules
				(JCAR) pursuant to subsection (b) of Section
				5.40
				and subsection (a) of Section
				5.110
				of the Illinois Administrative Procedure Act. The Board may make the revision
				where it finds:
1) That such objections or
				suggestions relate to the statutory authority upon which the regulation is
				based, whether the regulation is in proper form, or whether adequate notice was
				given; and
2) That the record
				before the Board is sufficient to support such a change without further
				hearing. [415 ILCS
				5/28(a) ]
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart F - BOARD ACTION › Section 102.602 - Adoption of Regulations

Current through Register Vol. 48, No. 28, July 12, 2024
The Board adopts first notice, second notice and final
				  opinions and orders in regulatory matters. Only the first notice proposal and
				  the final adopted rules are published by the Secretary of State in accordance
				  with the IAPA. In adopting any new regulation, except a required rule or an
				  identical-in-substance regulation or as applicable law otherwise provides, the
				  Board shall, in its written opinion, make a determination, based upon the
				  evidence in the public hearing record, including, but not limited to, the
				  economic impact study, as to whether the proposed rule has any adverse economic
				  impact on the people of the State of Illinois [415 ILCS
				  5/27(b) ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 102 - REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS › Subpart F - BOARD ACTION › Section 102.604 - First Notice of Proposed Regulations

Current through Register Vol. 48, No. 28, July 12, 2024
Except when otherwise directed by applicable law, the Board
				  will give first notice of its proposed adoption, amendment, or repeal of
				  regulations under Section 5-40 of the IAPA. The first notice period will be at
				  least 45 days, and will begin on the day that first notice is published in the
				  Illinois Register. The Board will accept written comments from any person
				  concerning the proposed regulations during the first notice
				  period.