Section 104.406  Petition Content Requirements

If the Agency is a co-petitioner, the petition must so state.  The petition must contain headings corresponding to the informational requirements of each subsection of this Section.  If the petitioner believes that any of the informational requirements are not applicable to the specific adjusted standard requested, the petitioner must so state and explain his reasoning.  The following information must be contained in the petition:

a)         A statement describing the standard from which an adjusted standard is sought.  This must include the Illinois Administrative Code citation to the regulation of general applicability imposing the standard as well as the effective date of that regulation;

b)         A statement that indicates whether the regulation of general applicability was promulgated to implement, in whole or in part, the requirements of the CWA (33 USC 1251 et seq.), Safe Drinking Water Act (42 USC 300(f) et seq.), Comprehensive Environmental Response, Compensation and Liability Act (42 USC 9601 et seq.), CAA (42 USC 7401 et seq.), or the State programs concerning RCRA, UIC, or NPDES (see 415 ILCS 5/28.1);

c)         The level of justification as well as other information or requirements necessary for an adjusted standard as specified by the regulation of general applicability or a statement that the regulation of general applicability does not specify a level of justification or other requirements (see 415 ILCS 5/28.1 and Section 104.426 of this Part);

d)         A description of the nature of the petitioner's activity that is the subject of the proposed adjusted standard.  The description must include the location of, and area affected by, the petitioner's activity.  This description must also include the number of persons employed by the petitioner's facility at issue, age of that facility, relevant pollution control equipment already in use, and the qualitative and quantitative description of the nature of emissions, discharges or releases currently generated by the petitioner's activity;

e)         A description of the efforts that would be necessary if the petitioner was to comply with the regulation of general applicability.  All compliance alternatives, with the corresponding costs for each alternative, must be discussed.  The discussion of costs must include the overall capital costs as well as the annualized capital and operating costs;

f)         A narrative description of the proposed adjusted standard as well as proposed language for a Board order that would impose the standard.  Efforts necessary to achieve this proposed standard and the corresponding costs must also be presented;

g)         The quantitative and qualitative description of the impact of the petitioner's activity on the environment if the petitioner were to comply with the regulation of general applicability as compared to the quantitative and qualitative impact on the environment if the petitioner were to comply only with the proposed adjusted standard.  To the extent applicable, cross-media impacts must be discussed.  Also, the petitioner must compare the qualitative and quantitative nature of emissions, discharges or releases that would be expected from compliance with the regulation of general applicability as opposed to that which would be expected from compliance with the proposed adjusted standard;

h)         A statement that explains how the petitioner seeks to justify, under the applicable level of justification, the proposed adjusted standard;

i)          A statement with supporting reasons that the Board may grant the proposed adjusted standard consistent with federal law.  The petitioner must also inform the Board of all procedural requirements applicable to the Board's decision on the petition that are imposed by federal law and not required by this Subpart. Relevant regulatory and statutory authorities must be cited;

j)          A statement requesting or waiving a hearing on the petition (under Section 104.422(a)(4) a hearing will be held on all petitions for adjusted standards filed under 35 Ill. Adm. Code 212.126);

k)         The petition must cite to supporting documents or legal authorities whenever they are used as a basis for the petitioner's proof.  Relevant portions of the documents and legal authorities other than Board decisions, State regulations, statutes, and reported cases must be appended to the petition;

l)          Any additional information that may be required in the regulation of general applicability.

(Source:  Amended at 41 Ill. Reg. 10049, effective July 5, 2017)