Section 102.202  Proposal Contents for Regulations of General Applicability

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a)         The language of the proposed rule, including any existing regulatory language proposed to be amended or repealed.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.

(Source:  Amended at 41 Ill. Reg. 10002, effective July 5, 2017)