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Public Act 096-0308
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| HB3859 Enrolled |
LRB096 01977 JDS 11987 b |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Environmental Protection Act is amended by |
reenacting and changing Section 28.5 (which was repealed on |
December 31, 2007) as follows:
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(415 ILCS 5/28.5 new)
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Sec. 28.5. Clean Air Act rules; fast-track.
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(a) This Section applies through December 31, 2014 and |
applies solely to the adoption of rules proposed by
the Agency |
and required to be adopted by the State under the Clean Air Act
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as amended by the Clean Air Act Amendments of 1990 (CAAA).
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(b) For purposes of this Section, a "fast-track" rulemaking |
proceeding
is a proceeding to promulgate a rule that the CAAA |
requires to be adopted. For the purposes of this Section, |
"requires to be adopted" refers only to those
regulations or |
parts of regulations for which the United States Environmental
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Protection Agency is empowered to impose sanctions against the |
State for failure to adopt such rules. All fast-track rules |
must be adopted under
procedures set forth in this Section, |
unless another provision of this Act
specifies the method for |
adopting a specific rule.
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(c) When the CAAA requires rules other than identical in |
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substance rules
to be adopted, upon request by the Agency, the |
Board must adopt rules under
fast-track rulemaking |
requirements.
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(d) The Agency must submit its fast-track rulemaking |
proposal in the
following form:
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(1) The Agency must file the rule in a form that meets |
the
requirements of the Illinois Administrative Procedure |
Act and regulations
promulgated thereunder.
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(2) The cover sheet of the proposal shall prominently |
state that the
rule is being proposed under this Section.
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(3) The proposal shall clearly identify the provisions |
and portions of
the federal statute, regulations, |
guidance, policy statement, or other
documents upon which |
the rule is based.
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(4) The supporting documentation for the rule shall |
summarize the basis of the rule.
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(5) The Agency must describe in general the alternative |
selected
and the basis for the alternative.
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(6) The Agency must file a summary of economic and |
technical data
upon which it relied in drafting the rule.
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(7) The Agency must provide a list of any documents |
upon which it
directly relied in drafting the rule or upon |
which it intends to rely at
the hearings and must provide |
such documents to the Board. Additionally,
the Agency must |
make such documents available at an appropriate
location |
for inspection and copying at the expense of the interested |
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party.
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(8) The Agency must include in its submission a |
description of the
geographical area to which the rule is |
intended to apply, a description of
the process or |
processes affected, an identification by classes of the
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entities expected to be affected, and a list of sources |
expected to be affected
by the rule to the extent known to |
the Agency.
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(e) Within 14 days of receipt of the proposal, the Board |
must file the
rule for first notice under the Illinois |
Administrative Procedure Act and must
schedule all required |
hearings on the proposal and cause public notice to be
given in |
accordance with the Illinois Administrative Procedure Act and |
the
CAAA.
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(f) The Board must set 3 hearings on the proposal, each of |
which shall
be scheduled to continue from day to day, excluding |
weekends and State and
federal holidays, until completed. The |
Board must
require the written submission of all testimony at |
least 10 days before a
hearing, with simultaneous service to |
all participants of record in the
proceeding as of 15 days |
prior to hearing, unless a waiver is granted by
the Board for |
good cause. In order to further expedite the hearings,
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presubmitted testimony shall be accepted into the record |
without the reading of
the testimony at hearing, provided that |
the witness swears to the testimony and
is available for |
questioning, and the Board must make every effort to conduct
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the proceedings expeditiously and avoid duplication and |
extraneous material.
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(1) The first hearing shall be held within 55 days of |
receipt of the
rule and shall be confined to testimony by |
and questions of the Agency's
witnesses concerning the |
scope, applicability, and basis of the rule.
Within 7 days |
after the first hearing, any person may request that the
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second hearing be held.
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(A) If, after the first hearing, the Agency and |
affected entities are
in agreement on the rule, the |
United States Environmental Protection Agency
has not |
informed the Board of any unresolved objection to the |
rule, and no
other interested party contests the rule |
or asks for the opportunity to present
additional |
evidence, the Board may cancel the additional |
hearings. When the
Board adopts the final order under |
these circumstances, it shall be based on
the Agency's |
proposal as agreed to by the parties.
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(B) If, after the first hearing, the Agency and |
affected entities are in
agreement upon a portion of |
the rule, the United States Environmental
Protection |
Agency has not informed the Board of any unresolved |
objections
to that agreed portion of the rule, and no |
other interested party contests
that agreed portion of |
the rule or asks for the opportunity to present
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additional evidence, the Board must proceed to the |
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second hearing, as
provided in paragraph (2) of |
subsection (g) of this Section, but the
hearing shall |
be limited in scope to the unresolved portion of the |
proposal.
When the Board adopts the final order under |
these circumstances, it shall
be based on such portion |
of the Agency's proposal as agreed to by the parties.
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(2) The second hearing shall be scheduled to commence |
within 30 days
of the first day of the first hearing and |
shall be devoted to presentation of
testimony, documents, |
and comments by affected entities and all other
interested |
parties.
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(3) 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
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response by other parties. The third hearing shall be |
cancelled if the Agency
indicates to the Board that it does |
not intend to introduce any additional
material.
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(g) In any fast-track rulemaking proceeding, the Board must |
accept
evidence and comments on the economic impact of any |
provision of the rule
and must consider the economic impact of |
the rule based on the record.
The Board may order an economic |
impact study in a manner that will not
prevent adoption of the |
rule within the time required by subsection (n)
of this |
Section.
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(h) In all fast-track rulemakings under this Section, the |
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Board must
take into account factors set forth in subsection |
(a) of Section 27 of
this Act.
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(i) The Board must adopt rules in the fast-track rulemaking |
docket
under the requirements of this Section that the CAAA |
requires to be
adopted, and may consider a non-required rule in |
a second docket that shall
proceed under Title VII of this Act.
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(j) The Board is directed to take whatever measures are |
available to it
to complete fast-track rulemaking as |
expeditiously as possible consistent
with the need for careful |
consideration. These measures shall include, but
not be limited |
to, having hearings transcribed on an expedited basis.
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(k) Following the hearings, the Board must close the record |
14 days
after the availability of the transcript.
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(l) The Board must not revise or otherwise change an Agency |
fast-track
rulemaking proposal without agreement of the Agency |
until after the end
of the hearing and comment period. Any |
revisions to an Agency
proposal shall be based on the record of |
the proceeding.
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(m) All rules adopted by the Board under this Section shall |
be based
solely on the record before it.
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(n) The Board must complete a fast-track rulemaking by |
adopting
a second notice order no later than 130 days after |
receipt of the proposal if
no third hearing is held and no |
later than 150 days if the third hearing is
held. If the order |
includes a rule, the Illinois Board must file the rule for
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second notice under the Illinois Administrative Procedure Act |