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90_HB1386enr
415 ILCS 5/28.5 from Ch. 111 1/2, par. 1028.5
Amends the Environmental Protection Act to extend the
repeal date of the provisions providing for fast-track
rulemaking pursuant to the Clean Air Act Amendments of 1990.
Effective immediately.
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1 AN ACT to amend the Environmental Protection Act by
2 changing Section 28.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended
6 by changing Section 28.5 as follows:
7 (415 ILCS 5/28.5) (from Ch. 111 1/2, par. 1028.5)
8 (Section scheduled to be repealed on December 31, 1997.)
9 Sec. 28.5. Clean Air Act rules; fast-track.
10 (a) This Section shall apply solely to the adoption of
11 rules proposed by the Agency and required to be adopted by
12 the State under the Clean Air Act as amended by the Clean Air
13 Act Amendments of 1990 (CAAA).
14 (b) This Section is repealed on December 31, 2002 1997.
15 (c) For purposes of this Section, a "fast-track"
16 rulemaking proceeding is a proceeding to promulgate a rule
17 that the CAAA requires to be adopted before December 31,
18 1996. For purposes of this Section, "requires to be adopted"
19 refers only to those regulations or parts of regulations for
20 which the United States Environmental Protection Agency is
21 empowered to impose sanctions against the State for failure
22 to adopt such rules. All fast-track rules must be adopted
23 under procedures set forth in this Section, unless another
24 provision of this Act specifies the method for adopting a
25 specific rule.
26 (d) When the CAAA requires rules other than identical in
27 substance rules to be adopted, upon request by the Agency,
28 the Board shall adopt rules under fast-track rulemaking
29 requirements.
30 (e) The Agency shall submit its fast-track rulemaking
31 proposal in the following form:
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1 (1) The Agency shall file the rule in a form that
2 meets the requirements of the Illinois Administrative
3 Procedure Act and regulations promulgated thereunder.
4 (2) The cover sheet of the proposal shall
5 prominently state that the rule is being proposed under
6 this Section.
7 (3) The proposal shall clearly identify the
8 provisions and portions of the federal statute,
9 regulations, guidance, policy statement, or other
10 documents upon which the rule is based.
11 (4) The supporting documentation for the rule shall
12 summarize the basis of the rule.
13 (5) The Agency shall describe in general the
14 alternative selected and the basis for the alternative.
15 (6) The Agency shall file a summary of economic and
16 technical data upon which it relied in drafting the rule.
17 (7) The Agency shall provide a list of any
18 documents upon which it directly relied in drafting the
19 rule or upon which it intends to rely at the hearings and
20 shall provide such documents to the Board. Additionally,
21 the Agency shall make such documents available at an
22 appropriate location for inspection and copying at the
23 expense of the interested party.
24 (8) The Agency shall include in its submission a
25 description of the geographical area to which the rule is
26 intended to apply, a description of the process or
27 processes affected, an identification by classes of the
28 entities expected to be affected, and a list of sources
29 expected to be affected by the rule to the extent known
30 to the Agency.
31 (f) Within 14 days of receipt of the proposal, the Board
32 shall file the rule for first notice under the Illinois
33 Administrative Procedure Act and shall schedule all required
34 hearings on the proposal and cause public notice to be given
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1 in accordance with the Illinois Administrative Procedure Act
2 and the CAAA.
3 (g) The Board shall set 3 hearings on the proposal, each
4 of which shall be scheduled to continue from day to day,
5 excluding weekends and State and federal holidays, until
6 completed. The Board shall require the written submission of
7 all testimony at least 10 days before a hearing, with
8 simultaneous service to all participants of record in the
9 proceeding as of 15 days prior to hearing, unless a waiver is
10 granted by the Board for good cause. In order to further
11 expedite the hearings, presubmitted testimony shall be
12 accepted into the record without the reading of the testimony
13 at hearing, provided that the witness swears to the testimony
14 and is available for questioning, and the Board shall make
15 every effort to conduct the proceedings expeditiously and
16 avoid duplication and extraneous material.
17 (1) The first hearing shall be held within 55 days
18 of receipt of the rule and shall be confined to testimony
19 by and questions of the Agency's witnesses concerning the
20 scope, applicability, and basis of the rule. Within 7
21 days after the first hearing, any person may request that
22 the second hearing be held.
23 (A) If, after the first hearing, the Agency
24 and affected entities are in agreement on the rule,
25 the United States Environmental Protection Agency
26 has not informed the Board of any unresolved
27 objection to the rule, and no other interested party
28 contests the rule or asks for the opportunity to
29 present additional evidence, the Board may cancel
30 the additional hearings. When the Board adopts the
31 final order under these circumstances, it shall be
32 based on the Agency's proposal as agreed to by the
33 parties.
34 (B) If, after the first hearing, the Agency
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1 and affected entities are in agreement upon a
2 portion of the rule, the United States Environmental
3 Protection Agency has not informed the Board of any
4 unresolved objections to that agreed portion of the
5 rule, and no other interested party contests that
6 agreed portion of the rule or asks for the
7 opportunity to present additional evidence, the
8 Board shall proceed to the second hearing, as
9 provided in paragraph (2) of subsection (g) of this
10 Section, but the hearing shall be limited in scope
11 to the unresolved portion of the proposal. When the
12 Board adopts the final order under these
13 circumstances, it shall be based on such portion of
14 the Agency's proposal as agreed to by the parties.
15 (2) The second hearing shall be scheduled to
16 commence within 30 days of the first day of the first
17 hearing and shall be devoted to presentation of
18 testimony, documents, and comments by affected entities
19 and all other interested parties.
20 (3) The third hearing shall be scheduled to
21 commence within 14 days after the first day of the second
22 hearing and shall be devoted solely to any Agency
23 response to the material submitted at the second hearing
24 and to any response by other parties. The third hearing
25 shall be cancelled if the Agency indicates to the Board
26 that it does not intend to introduce any additional
27 material.
28 (h) In any fast-track rulemaking proceeding, the Board
29 shall accept evidence and comments on the economic impact of
30 any provision of the rule and shall consider the economic
31 impact of the rule based on the record. The Board may order
32 an economic impact study in a manner that will not prevent
33 adoption of the rule within the time required by subsection
34 (o) of this Section.
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1 (i) In all fast-track rulemakings under this Section,
2 the Board shall take into account factors set forth in
3 subsection (a) of Section 27 of this Act.
4 (j) The Board shall adopt rules in the fast-track
5 rulemaking docket under the requirements of this Section that
6 the CAAA requires to be adopted, and may consider a
7 non-required rule in a second docket that shall proceed under
8 Title VII of this Act.
9 (k) The Board is directed to take whatever measures are
10 available to it to complete fast-track rulemaking as
11 expeditiously as possible consistent with the need for
12 careful consideration. These measures shall include, but not
13 be limited to, having hearings transcribed on an expedited
14 basis.
15 (l) Following the hearings, the Board shall close the
16 record 14 days after the availability of the transcript.
17 (m) The Board shall not revise or otherwise change an
18 Agency fast-track rulemaking proposal without agreement of
19 the Agency until after the end of the hearing and comment
20 period. Any revisions to an Agency proposal shall be based
21 on the record of the proceeding.
22 (n) All rules adopted by the Board under this Section
23 shall be based solely on the record before it.
24 (o) The Board shall complete a fast-track rulemaking by
25 adopting a second notice order no later than 130 days after
26 receipt of the proposal if no third hearing is held and no
27 later than 150 days if the third hearing is held. If the
28 order includes a rule, the Illinois Board shall file the rule
29 for second notice under the Illinois Administrative Procedure
30 Act within 5 days after adoption of the order.
31 (p) Upon receipt of a statement of no objection to the
32 rule from the Joint Committee on Administrative Rules, the
33 Board shall adopt the final order and submit the rule to the
34 Secretary of State for publication and certification within
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1 21 days.
2 (Source: P.A. 87-1213.)
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.