Public Act 90-0489 of the 90th General Assembly

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Public Act 90-0489

SB778 Enrolled                                LRB9002445DPccA

    AN ACT to  amend  the  Environmental  Protection  Act  by
changing Section 27.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Environmental Protection Act  is  amended
by changing Section 27 as follows:

    (415 ILCS 5/27) (from Ch. 111 1/2, par. 1027)
    Sec. 27. Rulemaking.
    (a)  The  Board  may  adopt  substantive  regulations  as
described  in  this  Act.   Any  such  regulations  may  make
different   provisions   as  required  by  circumstances  for
different contaminant sources and for different  geographical
areas;  may  apply  to  sources  outside  this State causing,
contributing  to,  or  threatening  environmental  damage  in
Illinois; may make special provision for alert and  abatement
standards    and   procedures   respecting   occurrences   or
emergencies of pollution or on  other  short-term  conditions
constituting an acute danger to health or to the environment;
and may include regulations specific to individual persons or
sites.  In promulgating regulations under this Act, the Board
shall take into account the existing physical conditions, the
character  of  the  area involved, including the character of
surrounding land uses, zoning classifications, the nature  of
the  existing air quality, or receiving body of water, as the
case may be,  and  the  technical  feasibility  and  economic
reasonableness  of  measuring or reducing the particular type
of pollution.  The generality  of  this  grant  of  authority
shall  only  be  limited  by the specifications of particular
classes of regulations elsewhere in this Act.
    No charge shall be established or assessed by  the  Board
or Agency against any person for emission of air contaminants
from any source, for discharge of water contaminants from any
source, or for the sale, offer or use of any article.
    Any  person  filing with the Board a written proposal for
the adoption,  amendment,  or  repeal  of  regulations  shall
provide information supporting the requested change and shall
at the same time file a copy of such proposal with the Agency
and  the  Department  of Natural Resources.  To aid the Board
and to assist the public in determining which facilities will
be affected, the person filing a proposal shall describe,  to
the  extent  reasonably practicable, the universe of affected
sources  and  facilities  and  the  economic  impact  of  the
proposed rule.
    (b)  Except as provided below and in Section 28.2, before
the  adoption  of  any  proposed  rules   not   relating   to
administrative  procedures  within  the  Agency  or the Board
regulations, or amendment to existing rules not  relating  to
administrative  procedures  within  the  Agency  or the Board
regulations, the Board shall:
         (1)  request that the  Department  of  Commerce  and
    Community  Affairs conduct a study of the economic impact
    of the proposed rules.   The Department may within 30  to
    45  days  of such request produce a study of the economic
    impact of the proposed rules.  At a minimum, the economic
    impact study shall address (A)  economic,  environmental,
    and  public  health benefits that may be achieved through
    compliance with the proposed rules, (B)  the  effects  of
    the  proposed  rules  on  employment  levels,  commercial
    productivity,  the  economic  growth  of small businesses
    with 100 or  less  employees,  and  the  State's  overall
    economy,  and  (C) the cost per unit of pollution reduced
    and the variability in cost based  on  the  size  of  the
    facility  and the percentage of company revenues expected
    to be used to implement the proposed rules; and
         (2)  conduct at least  one  public  hearing  on  the
    economic  impact  of  those  new  rules. At least 20 days
    before the hearing, the Board shall notify the public  of
    the  hearing  and  make the economic impact study, or the
    Department of Commerce and Community Affair's explanation
    for not producing an economic impact study,  available to
    the public. regulations Such public hearing may  be  held
    simultaneously   or  as  a  part  of  any  Board  hearing
    considering such new rules.
    In adopting any  such  new  rule  regulation,  the  Board
shall,  in  its  written opinion, make a determination, based
upon the evidence in the public hearing record, including but
not limited to the economic impact study, as to  whether  the
proposed  rule  regulation has any adverse economic impact on
the people of the State of Illinois.
    (c)  On proclamation by the Governor, pursuant to Section
8 of the Illinois Emergency  Services  and  Disaster  Act  of
1975,  that  a  disaster  emergency exists, or when the Board
finds that a severe public health emergency exists, the Board
may, in relation to any proposed regulation, order that  such
regulation  shall  take  effect  without  delay and the Board
shall proceed with the hearings and studies required by  this
Section while the regulation continues in effect.
    When  the  Board  finds  that  a  situation  exists which
reasonably constitutes  a  threat  to  the  public  interest,
safety  or  welfare, the Board may adopt regulations pursuant
to and in  accordance  with  Section  5-45  of  the  Illinois
Administrative Procedure Act.
    (d)  To  the  extent  consistent  with  any  deadline for
adoption of any regulations mandated by State or federal law,
prior to initiating any hearing on a regulatory proposal, the
Board may assign a qualified hearing officer who may schedule
a prehearing conference between the proponents and any or all
of the potentially affected persons.  The notice requirements
of Section 28 shall not apply to such prehearing conferences.
The  purposes  of  such  conference  shall  be  to   maximize
understanding  of the intent and application of the proposal,
to reach agreement on aspects of the proposal,  if  possible,
and   to   attempt  to  identify  and  limit  the  issues  of
disagreement among the participants to promote efficient  use
of time at hearing.  No record need be kept of the prehearing
conference,  nor  shall any participant or the Board be bound
by any discussions conducted at  the  prehearing  conference.
However,   with  the  consent  of  all  participants  in  the
prehearing conference, a prehearing order delineating  issues
to  be  heard, agreed facts, and other matters may be entered
by the hearing officer.  Such an order will not be binding on
nonparticipants in the prehearing conference.
(Source: P.A. 88-45; 89-445, eff. 2-7-96.)

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