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90_HB1386
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.
LRB9000168DPpc
LRB9000168DPpc
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8 (Section scheduled to be repealed on December 31, 1997.)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14 (b) This Section is repealed on December 31, 2007 1997.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 or to
22 promulgate a Federal Implementation Plan for failure of the
23 State to adopt such rules. All fast-track rules must be
24 adopted under procedures set forth in this Section.
25 (d) When the CAAA requires rules other than identical in
26 substance rules to be adopted, upon request by the Agency,
27 the Board shall adopt rules under fast-track rulemaking
28 requirements.
29 (e) The Agency shall submit its fast-track rulemaking
30 proposal in the following form:
31 (1) The Agency shall file the rule in a form that
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1 meets the requirements of the Illinois Administrative
2 Procedure Act and regulations promulgated thereunder.
3 (2) The cover sheet of the proposal shall
4 prominently state that the rule is being proposed under
5 this Section.
6 (3) The proposal shall clearly identify the
7 provisions and portions of the federal statute,
8 regulations, guidance, policy statement, or other
9 documents upon which the rule is based.
10 (4) The supporting documentation for the rule shall
11 summarize the basis of the rule.
12 (5) The Agency shall describe in general the
13 alternative selected and the basis for the alternative.
14 (6) The Agency shall file a summary of economic and
15 technical data upon which it relied in drafting the rule.
16 (7) The Agency shall provide a list of any
17 documents upon which it directly relied in drafting the
18 rule or upon which it intends to rely at the hearings and
19 shall provide such documents to the Board. Additionally,
20 the Agency shall make such documents available at an
21 appropriate location for inspection and copying at the
22 expense of the interested party.
23 (8) The Agency shall include in its submission a
24 description of the geographical area to which the rule is
25 intended to apply, a description of the process or
26 processes affected, an identification by classes of the
27 entities expected to be affected, and a list of sources
28 expected to be affected by the rule to the extent known
29 to the Agency.
30 (f) Within 14 days of receipt of the proposal, the Board
31 shall file the rule for first notice under the Illinois
32 Administrative Procedure Act and shall schedule all required
33 hearings on the proposal and cause public notice to be given
34 in accordance with the Illinois Administrative Procedure Act
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1 and the CAAA.
2 (g) The Board shall set 3 hearings on the proposal, each
3 of which shall be scheduled to continue from day to day,
4 excluding weekends and State and federal holidays, until
5 completed. The Board shall require the written submission of
6 all testimony at least 10 days before a hearing, with
7 simultaneous service to all participants of record in the
8 proceeding as of 15 days prior to hearing, unless a waiver is
9 granted by the Board for good cause. In order to further
10 expedite the hearings, presubmitted testimony shall be
11 accepted into the record without the reading of the testimony
12 at hearing, provided that the witness swears to the testimony
13 and is available for questioning, and the Board shall make
14 every effort to conduct the proceedings expeditiously and
15 avoid duplication and extraneous material.
16 (1) The first hearing shall be held within 55 days
17 of receipt of the rule and shall be confined to testimony
18 by and questions of the Agency's witnesses concerning the
19 scope, applicability, and basis of the rule. Within 7
20 days after the first hearing, any person may request that
21 the second hearing be held.
22 (A) If, after the first hearing, the Agency
23 and affected entities are in agreement on the rule,
24 the United States Environmental Protection Agency
25 has not informed the Board of any unresolved
26 objection to the rule, and no other interested party
27 contests the rule or asks for the opportunity to
28 present additional evidence, the Board may cancel
29 the additional hearings. When the Board adopts the
30 final order under these circumstances, it shall be
31 based on the Agency's proposal as agreed to by the
32 parties.
33 (B) If, after the first hearing, the Agency
34 and affected entities are in agreement upon a
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1 portion of the rule, the United States Environmental
2 Protection Agency has not informed the Board of any
3 unresolved objections to that agreed portion of the
4 rule, and no other interested party contests that
5 agreed portion of the rule or asks for the
6 opportunity to present additional evidence, the
7 Board shall proceed to the second hearing, as
8 provided in paragraph (2) of subsection (g) of this
9 Section, but the hearing shall be limited in scope
10 to the unresolved portion of the proposal. When the
11 Board adopts the final order under these
12 circumstances, it shall be based on such portion of
13 the Agency's proposal as agreed to by the parties.
14 (2) The second hearing shall be scheduled to
15 commence within 30 days of the first day of the first
16 hearing and shall be devoted to presentation of
17 testimony, documents, and comments by affected entities
18 and all other interested parties.
19 (3) The third hearing shall be scheduled to
20 commence within 14 days after the first day of the second
21 hearing and shall be devoted solely to any Agency
22 response to the material submitted at the second hearing
23 and to any response by other parties. The third hearing
24 shall be cancelled if the Agency indicates to the Board
25 that it does not intend to introduce any additional
26 material.
27 (h) In any fast-track rulemaking proceeding, the Board
28 shall accept evidence and comments on the economic impact of
29 any provision of the rule and shall consider the economic
30 impact of the rule based on the record. The Board may order
31 an economic impact study in a manner that will not prevent
32 adoption of the rule within the time required by subsection
33 (o) of this Section.
34 (i) In all fast-track rulemakings under this Section,
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1 the Board shall take into account factors set forth in
2 subsection (a) of Section 27 of this Act.
3 (j) The Board shall adopt rules in the fast-track
4 rulemaking docket under the requirements of this Section that
5 the CAAA requires to be adopted, and may consider a
6 non-required rule in a second docket that shall proceed under
7 Title VII of this Act.
8 (k) The Board is directed to take whatever measures are
9 available to it to complete fast-track rulemaking as
10 expeditiously as possible consistent with the need for
11 careful consideration. These measures shall include, but not
12 be limited to, having hearings transcribed on an expedited
13 basis.
14 (l) Following the hearings, the Board shall close the
15 record 14 days after the availability of the transcript.
16 (m) The Board shall not revise or otherwise change an
17 Agency fast-track rulemaking proposal without agreement of
18 the Agency until after the end of the hearing and comment
19 period. Any revisions to an Agency proposal shall be based
20 on the record of the proceeding.
21 (n) All rules adopted by the Board under this Section
22 shall be based solely on the record before it.
23 (o) The Board shall complete a fast-track rulemaking by
24 adopting a second notice order no later than 130 days after
25 receipt of the proposal if no third hearing is held and no
26 later than 150 days if the third hearing is held. If the
27 order includes a rule, the Illinois Board shall file the rule
28 for second notice under the Illinois Administrative Procedure
29 Act within 5 days after adoption of the order.
30 (p) Upon receipt of a statement of no objection to the
31 rule from the Joint Committee on Administrative Rules, the
32 Board shall adopt the final order and submit the rule to the
33 Secretary of State for publication and certification within
34 21 days.
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1 (Source: P.A. 87-1213.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.