Section 309.120  Reopening the Record to Receive Additional Written Comment

a)         The Agency shall order the public comment period reopened to receive additional written comments where the Agency significantly modifies the draft permit and the final permit is not a logical outgrowth of the proposed draft permit.  In determining if the final permit is a logical outgrowth of the draft permit, the Agency shall consider the following:

1)         Whether the interested parties could not have reasonably anticipated the final permit from the draft permit;

2)         Whether a new round of notice and comment would provide interested parties the first opportunity to offer comments on the issue; or

3)         Whether the provisions in the final permit deviate sharply from the concepts included in the draft permit or suggested by the commenters.

b)         The public notice of any comment period extended under this Section shall identify the issues as to which the public comment period is being reopened.  Comments filed during the reopened period shall be limited to the substantial new issues that caused its reopening.

c)         For purposes of the notification required by subsection (b), the Agency shall follow the public notice requirements of Section 309.109.

(Source:  Added at 28 Ill. Reg. 7310, effective May 7, 2004)