State of Illinois
2015 and 2016


Introduced 2/20/2015, by Sen. Heather A. Steans


415 ILCS 5/28.5

    Amends the Environmental Protection Act. Extends a provision concerning Environmental Protection Agency fast-track rulemaking from December 31, 2014 to December 31, 2019. Effective immediately.

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1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Environmental Protection Act is amended by
5changing Section 28.5 as follows:
6    (415 ILCS 5/28.5)
7    Sec. 28.5. Clean Air Act rules; fast-track.
8    (a) This Section applies through December 31, 2019 2014 and
9applies solely to the adoption of rules proposed by the Agency
10and required to be adopted by the State under the Clean Air Act
11as amended by the Clean Air Act Amendments of 1990 (CAAA).
12    (b) For purposes of this Section, a "fast-track" rulemaking
13proceeding is a proceeding to promulgate a rule that the CAAA
14requires to be adopted. For the purposes of this Section,
15"requires to be adopted" refers only to those regulations or
16parts of regulations for which the United States Environmental
17Protection Agency is empowered to impose sanctions against the
18State for failure to adopt such rules. All fast-track rules
19must be adopted under procedures set forth in this Section,
20unless another provision of this Act specifies the method for
21adopting a specific rule.
22    (c) When the CAAA requires rules other than identical in
23substance rules to be adopted, upon request by the Agency, the



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1Board must adopt rules under fast-track rulemaking
3    (d) The Agency must submit its fast-track rulemaking
4proposal in the following form:
5        (1) The Agency must file the rule in a form that meets
6    the requirements of the Illinois Administrative Procedure
7    Act and regulations promulgated thereunder.
8        (2) The cover sheet of the proposal shall prominently
9    state that the rule is being proposed under this Section.
10        (3) The proposal shall clearly identify the provisions
11    and portions of the federal statute, regulations,
12    guidance, policy statement, or other documents upon which
13    the rule is based.
14        (4) The supporting documentation for the rule shall
15    summarize the basis of the rule.
16        (5) The Agency must describe in general the alternative
17    selected and the basis for the alternative.
18        (6) The Agency must file a summary of economic and
19    technical data upon which it relied in drafting the rule.
20        (7) The Agency must provide a list of any documents
21    upon which it directly relied in drafting the rule or upon
22    which it intends to rely at the hearings and must provide
23    such documents to the Board. Additionally, the Agency must
24    make such documents available at an appropriate location
25    for inspection and copying at the expense of the interested
26    party.



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1        (8) The Agency must include in its submission a
2    description of the geographical area to which the rule is
3    intended to apply, a description of the process or
4    processes affected, an identification by classes of the
5    entities expected to be affected, and a list of sources
6    expected to be affected by the rule to the extent known to
7    the Agency.
8    (e) Within 14 days of receipt of the proposal, the Board
9must file the rule for first notice under the Illinois
10Administrative Procedure Act and must schedule all required
11hearings on the proposal and cause public notice to be given in
12accordance with the Illinois Administrative Procedure Act and
13the CAAA.
14    (f) The Board must set 3 hearings on the proposal, each of
15which shall be scheduled to continue from day to day, excluding
16weekends and State and federal holidays, until completed. The
17Board must require the written submission of all testimony at
18least 10 days before a hearing, with simultaneous service to
19all participants of record in the proceeding as of 15 days
20prior to hearing, unless a waiver is granted by the Board for
21good cause. In order to further expedite the hearings,
22presubmitted testimony shall be accepted into the record
23without the reading of the testimony at hearing, provided that
24the witness swears to the testimony and is available for
25questioning, and the Board must make every effort to conduct
26the proceedings expeditiously and avoid duplication and



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1extraneous material.
2        (1) The first hearing shall be held within 55 days of
3    receipt of the rule and shall be confined to testimony by
4    and questions of the Agency's witnesses concerning the
5    scope, applicability, and basis of the rule. Within 7 days
6    after the first hearing, any person may request that the
7    second hearing be held.
8            (A) If, after the first hearing, the Agency and
9        affected entities are in agreement on the rule, the
10        United States Environmental Protection Agency has not
11        informed the Board of any unresolved objection to the
12        rule, and no other interested party contests the rule
13        or asks for the opportunity to present additional
14        evidence, the Board may cancel the additional
15        hearings. When the Board adopts the final order under
16        these circumstances, it shall be based on the Agency's
17        proposal as agreed to by the parties.
18            (B) If, after the first hearing, the Agency and
19        affected entities are in agreement upon a portion of
20        the rule, the United States Environmental Protection
21        Agency has not informed the Board of any unresolved
22        objections to that agreed portion of the rule, and no
23        other interested party contests that agreed portion of
24        the rule or asks for the opportunity to present
25        additional evidence, the Board must proceed to the
26        second hearing, as provided in paragraph (2) of



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1        subsection (g) of this Section, but the hearing shall
2        be limited in scope to the unresolved portion of the
3        proposal. When the Board adopts the final order under
4        these circumstances, it shall be based on such portion
5        of the Agency's proposal as agreed to by the parties.
6        (2) The second hearing shall be scheduled to commence
7    within 30 days of the first day of the first hearing and
8    shall be devoted to presentation of testimony, documents,
9    and comments by affected entities and all other interested
10    parties.
11        (3) The third hearing shall be scheduled to commence
12    within 14 days after the first day of the second hearing
13    and shall be devoted solely to any Agency response to the
14    material submitted at the second hearing and to any
15    response by other parties. The third hearing shall be
16    cancelled if the Agency indicates to the Board that it does
17    not intend to introduce any additional material.
18    (g) In any fast-track rulemaking proceeding, the Board must
19accept evidence and comments on the economic impact of any
20provision of the rule and must consider the economic impact of
21the rule based on the record. The Board may order an economic
22impact study in a manner that will not prevent adoption of the
23rule within the time required by subsection (n) of this
25    (h) In all fast-track rulemakings under this Section, the
26Board must take into account factors set forth in subsection



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1(a) of Section 27 of this Act.
2    (i) The Board must adopt rules in the fast-track rulemaking
3docket under the requirements of this Section that the CAAA
4requires to be adopted, and may consider a non-required rule in
5a second docket that shall proceed under Title VII of this Act.
6    (j) The Board is directed to take whatever measures are
7available to it to complete fast-track rulemaking as
8expeditiously as possible consistent with the need for careful
9consideration. These measures shall include, but not be limited
10to, having hearings transcribed on an expedited basis.
11    (k) Following the hearings, the Board must close the record
1214 days after the availability of the transcript.
13    (l) The Board must not revise or otherwise change an Agency
14fast-track rulemaking proposal without agreement of the Agency
15until after the end of the hearing and comment period. Any
16revisions to an Agency proposal shall be based on the record of
17the proceeding.
18    (m) All rules adopted by the Board under this Section shall
19be based solely on the record before it.
20    (n) The Board must complete a fast-track rulemaking by
21adopting a second notice order no later than 130 days after
22receipt of the proposal if no third hearing is held and no
23later than 150 days if the third hearing is held. If the order
24includes a rule, the Illinois Board must file the rule for
25second notice under the Illinois Administrative Procedure Act
26within 5 days after adoption of the order.



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1    (o) Upon receipt of a statement of no objection to the rule
2from the Joint Committee on Administrative Rules, the Board
3must adopt the final order and submit the rule to the Secretary
4of State for publication and certification within 21 days.
5(Source: P.A. 96-308, eff. 8-11-09.)
6    Section 99. Effective date. This Act takes effect upon
7becoming law.