State of Illinois
90th General Assembly

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[ Introduced ][ Engrossed ][ House Amendment 001 ]


      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.
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 8        (Section scheduled to be repealed on December 31, 1997.)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14        (b)  This Section is repealed on December 31, 2002 1997.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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