Section 705.211  Administrative Record for Final Permits or Letters of Denial

a)         The Agency must base final permit decisions under Section 705.201 on the administrative record defined in this Section.

b)         The administrative record for any final permit or letter of denial must consist of the administrative record for the draft permit together with the following:

1)         All comments received during the public comment period provided under Subpart D (including any extension or reopening under Section 705.184);

2)         The tape or transcript of any hearing held under Section 705.182;

3)         Any written materials submitted at such a hearing;

4)         The response to comments required by Section 705.210 and any new material placed in the record under that Section;

5)         Other documents contained in the supporting file for the permit; and

6)         The final permit or letter of denial.

c)         The additional documents required under subsection (b) should be added to the record as soon as possible after their receipt or publication by the Agency.  The record must be completed on the date that the final permit or letter of denial is issued.

d)         This Section applies to all final RCRA permits, UIC permits, and letters of denial, when the draft permit was subject to the administrative record requirements of Section 705.144.

BOARD NOTE:  Derived from 40 CFR 124.18 (2017).

(Source:  Amended at 42 Ill. Reg. 21179, effective November 19, 2018)