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|[ Introduced ]||[ Engrossed ]||[ House Amendment 001 ]|
90_HB1386enr 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 HB1386 Enrolled 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6 by changing Section 28.5 as follows: 7 (415 ILCS 5/28.5) (from Ch. 111 1/2, par. 1028.5) 8 (Section scheduled to be repealed on December 31, 1997.) 9 Sec. 28.5.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the State under the Clean Air Act as amended by the Clean Air 13 Act Amendments of 1990 (CAAA). 14 (b) This Section is repealed on December 31, 2002
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 for failure 22 to adopt such rules. All fast-track rules must be adopted 23 under procedures set forth in this Section, unless another 24 provision of this Act specifies the method for adopting a 25 specific rule. 26 (d) When the CAAA requires rules other than identical in 27 substance rules to be adopted, upon request by the Agency, 28 the Board shall adopt rules under fast-track rulemaking 29 requirements. 30 (e) The Agency shall submit its fast-track rulemaking 31 proposal in the following form: HB1386 Enrolled -2- LRB9000168DPpc 1 (1) The Agency shall file the rule in a form that 2 meets the requirements of the Illinois Administrative 3 Procedure Act and regulations promulgated thereunder. 4 (2) The cover sheet of the proposal shall 5 prominently state that the rule is being proposed under 6 this Section. 7 (3) The proposal shall clearly identify the 8 provisions and portions of the federal statute, 9 regulations, guidance, policy statement, or other 10 documents upon which the rule is based. 11 (4) The supporting documentation for the rule shall 12 summarize the basis of the rule. 13 (5) The Agency shall describe in general the 14 alternative selected and the basis for the alternative. 15 (6) The Agency shall file a summary of economic and 16 technical data upon which it relied in drafting the rule. 17 (7) The Agency shall provide a list of any 18 documents upon which it directly relied in drafting the 19 rule or upon which it intends to rely at the hearings and 20 shall provide such documents to the Board. Additionally, 21 the Agency shall make such documents available at an 22 appropriate location for inspection and copying at the 23 expense of the interested party. 24 (8) The Agency shall include in its submission a 25 description of the geographical area to which the rule is 26 intended to apply, a description of the process or 27 processes affected, an identification by classes of the 28 entities expected to be affected, and a list of sources 29 expected to be affected by the rule to the extent known 30 to the Agency. 31 (f) Within 14 days of receipt of the proposal, the Board 32 shall file the rule for first notice under the Illinois 33 Administrative Procedure Act and shall schedule all required 34 hearings on the proposal and cause public notice to be given HB1386 Enrolled -3- LRB9000168DPpc 1 in accordance with the Illinois Administrative Procedure Act 2 and the CAAA. 3 (g) The Board shall set 3 hearings on the proposal, each 4 of which shall be scheduled to continue from day to day, 5 excluding weekends and State and federal holidays, until 6 completed. The Board shall require the written submission of 7 all testimony at least 10 days before a hearing, with 8 simultaneous service to all participants of record in the 9 proceeding as of 15 days prior to hearing, unless a waiver is 10 granted by the Board for good cause. In order to further 11 expedite the hearings, presubmitted testimony shall be 12 accepted into the record without the reading of the testimony 13 at hearing, provided that the witness swears to the testimony 14 and is available for questioning, and the Board shall make 15 every effort to conduct the proceedings expeditiously and 16 avoid duplication and extraneous material. 17 (1) The first hearing shall be held within 55 days 18 of receipt of the rule and shall be confined to testimony 19 by and questions of the Agency's witnesses concerning the 20 scope, applicability, and basis of the rule. Within 7 21 days after the first hearing, any person may request that 22 the second hearing be held. 23 (A) If, after the first hearing, the Agency 24 and affected entities are in agreement on the rule, 25 the United States Environmental Protection Agency 26 has not informed the Board of any unresolved 27 objection to the rule, and no other interested party 28 contests the rule or asks for the opportunity to 29 present additional evidence, the Board may cancel 30 the additional hearings. When the Board adopts the 31 final order under these circumstances, it shall be 32 based on the Agency's proposal as agreed to by the 33 parties. 34 (B) If, after the first hearing, the Agency HB1386 Enrolled -4- LRB9000168DPpc 1 and affected entities are in agreement upon a 2 portion of the rule, the United States Environmental 3 Protection Agency has not informed the Board of any 4 unresolved objections to that agreed portion of the 5 rule, and no other interested party contests that 6 agreed portion of the rule or asks for the 7 opportunity to present additional evidence, the 8 Board shall proceed to the second hearing, as 9 provided in paragraph (2) of subsection (g) of this 10 Section, but the hearing shall be limited in scope 11 to the unresolved portion of the proposal. When the 12 Board adopts the final order under these 13 circumstances, it shall be based on such portion of 14 the Agency's proposal as agreed to by the parties. 15 (2) The second hearing shall be scheduled to 16 commence within 30 days of the first day of the first 17 hearing and shall be devoted to presentation of 18 testimony, documents, and comments by affected entities 19 and all other interested parties. 20 (3) The third hearing shall be scheduled to 21 commence within 14 days after the first day of the second 22 hearing and shall be devoted solely to any Agency 23 response to the material submitted at the second hearing 24 and to any response by other parties. The third hearing 25 shall be cancelled if the Agency indicates to the Board 26 that it does not intend to introduce any additional 27 material. 28 (h) In any fast-track rulemaking proceeding, the Board 29 shall accept evidence and comments on the economic impact of 30 any provision of the rule and shall consider the economic 31 impact of the rule based on the record. The Board may order 32 an economic impact study in a manner that will not prevent 33 adoption of the rule within the time required by subsection 34 (o) of this Section. HB1386 Enrolled -5- LRB9000168DPpc 1 (i) In all fast-track rulemakings under this Section, 2 the Board shall take into account factors set forth in 3 subsection (a) of Section 27 of this Act. 4 (j) The Board shall adopt rules in the fast-track 5 rulemaking docket under the requirements of this Section that 6 the CAAA requires to be adopted, and may consider a 7 non-required rule in a second docket that shall proceed under 8 Title VII of this Act. 9 (k) The Board is directed to take whatever measures are 10 available to it to complete fast-track rulemaking as 11 expeditiously as possible consistent with the need for 12 careful consideration. These measures shall include, but not 13 be limited to, having hearings transcribed on an expedited 14 basis. 15 (l) Following the hearings, the Board shall close the 16 record 14 days after the availability of the transcript. 17 (m) The Board shall not revise or otherwise change an 18 Agency fast-track rulemaking proposal without agreement of 19 the Agency until after the end of the hearing and comment 20 period. Any revisions to an Agency proposal shall be based 21 on the record of the proceeding. 22 (n) All rules adopted by the Board under this Section 23 shall be based solely on the record before it. 24 (o) The Board shall complete a fast-track rulemaking by 25 adopting a second notice order no later than 130 days after 26 receipt of the proposal if no third hearing is held and no 27 later than 150 days if the third hearing is held. If the 28 order includes a rule, the Illinois Board shall file the rule 29 for second notice under the Illinois Administrative Procedure 30 Act within 5 days after adoption of the order. 31 (p) Upon receipt of a statement of no objection to the 32 rule from the Joint Committee on Administrative Rules, the 33 Board shall adopt the final order and submit the rule to the 34 Secretary of State for publication and certification within HB1386 Enrolled -6- LRB9000168DPpc 1 21 days. 2 (Source: P.A. 87-1213.) 3 Section 99. Effective date. This Act takes effect upon 4 becoming law.
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