Illinois Compiled Statutes
415 ILCS 5/ - Environmental Protection Act.
Title VII - Regulations

(415 ILCS 5/Tit. VII heading)

 
(415 ILCS 5/26) (from Ch. 111 1/2, par. 1026)
Sec. 26.

The Board may adopt such procedural rules as may be necessary to
accomplish the purposes of this Act. In adopting such rules the Board
shall follow the rulemaking procedures of the Illinois Administrative Procedure Act.
Without limiting the generality of this grant of authority, and
notwithstanding any requirement that hearings be held in actions brought
pursuant to Titles VIII and X of the Act, the Board may adopt procedural
rules for resolution of such actions by summary judgment prior to hearing
upon motion by either party except as otherwise required by federal law, as
well as procedural rules requiring the parties to perfect their pleadings
to conform to the evidence as presented to the Board.

(Source: P.A. 85-1048.)
 
(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, or amendment to existing rules not
relating to administrative procedures within the Agency or the Board, the Board shall:
In adopting any such new rule, 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 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. 94-793, eff. 5-19-06.)
 
(415 ILCS 5/28) (from Ch. 111 1/2, par. 1028)
Sec. 28.
Proposal of regulations; procedure.
(a) Any person may present written proposals for the adoption, amendment,
or repeal of the Board's regulations, and the Board may make such proposals
on its own motion. If the Board finds that any such proposal is supported by
an adequate statement of reasons, is accompanied by a petition signed by at
least 200 persons, is not plainly devoid of merit and does not deal with a
subject on which a hearing has been held within the preceding 6 months, the
Board shall schedule a public hearing for consideration of the proposal. If
such proposal is made by the Agency or by the Department, the Board shall
schedule a public hearing without regard to the above conditions.
The Board may hold one or more hearings to consider both the merits and
the economics of the proposal. The Board may also in its discretion schedule a
public hearing upon any proposal without regard to the above conditions.
No substantive regulation shall be adopted, amended, or repealed until
after a public hearing within the area of the State concerned. In the case
of state-wide regulations hearings shall be held in at least two areas. At
least 20 days prior to the scheduled date of the hearing the Board shall
give notice of such hearing by public advertisement in a newspaper of
general circulation in the area of the state concerned of the date, time,
place and purpose of such hearing; give written notice to any person in the
area concerned who has in writing requested notice of public hearings; and
make available to any person upon request copies of the proposed regulations,
together with summaries of the reasons supporting their adoption.
Any public hearing relating to the adoption, amendment, or repeal of
Board regulations under this subsection shall be held before a qualified
hearing officer, who shall be attended by at least one member of the Board,
designated by the Chairman. All such hearings shall be open to the public,
and reasonable opportunity to be heard with respect to the subject of the
hearing shall be afforded to any person. All testimony taken before the
Board shall be recorded stenographically. The transcript so recorded, and
any written submissions to the Board in relation to such hearings, shall be
open to public inspection, and copies thereof shall be made available to
any person upon payment of the actual cost of reproducing the original.
After such hearing the Board may revise the proposed regulations before
adoption in response to suggestions made at the hearing, without conducting
a further hearing on the revisions.
In addition, the Board may revise the proposed regulations after
hearing in response to objections or suggestions made by the Joint
Committee on Administrative Rules pursuant to subsection (b) of Section
5-40 and subsection (a) of Section 5-110 of the Illinois Administrative
Procedure Act, where the Board finds (1) that such objections or
suggestions relate to the statutory authority upon which the regulation is
based, whether the regulation is in proper form, or whether adequate notice
was given, and (2) that the record before the Board is sufficient to
support such a change without further hearing.
Any person heard or represented at a hearing or requesting notice shall
be given written notice of the action of the Board with respect to the
subject thereof.
No rule or regulation, or amendment or repeal thereof, shall become
effective until a certified copy thereof has been filed with the Secretary
of State, and thereafter as provided in the Illinois Administrative Procedure
Act as amended.
Any person who files a petition for adoption of a regulation specific to
that person shall pay a filing fee.
(b) The Board shall not, on its own motion, propose regulations pursuant to
subsection (a) of this Section or Sections 28.2, 28.4 or 28.5 of this Act
to implement the provisions required by or related to the Clean Air Act
Amendments of 1990, as now or hereafter amended. However, nothing herein shall
preclude the Board from, on its own motion:
(Source: P.A. 87-860; 87-1213; 88-45.)
 
(415 ILCS 5/28.1) (from Ch. 111 1/2, par. 1028.1)
Sec. 28.1.

(a) After adopting a regulation of general applicability, the
Board may grant, in a subsequent adjudicatory determination, an adjusted
standard for persons who can justify such an adjustment consistent with
subsection (a) of Section 27 of this Act. In granting such adjusted
standards, the Board may impose such conditions as may be necessary to
accomplish the purposes of this Act. The rule-making provisions of the
Illinois Administrative Procedure Act and Title VII of this Act shall not
apply to such subsequent determinations.
(b) In adopting a rule of general applicability, the Board may specify
the level of justification required of a petitioner for an adjusted standard
consistent with this Section.
(c) If a regulation of general applicability does not specify a level of
justification required of a petitioner to qualify for an adjusted standard,
the Board may grant individual adjusted standards whenever the Board
determines, upon adequate proof by petitioner, that:
(1) factors relating to that petitioner are substantially and
significantly different from the factors relied upon by the Board in
adopting the general regulation applicable to that petitioner;
(2) the existence of those factors justifies an adjusted standard;
(3) the requested standard will not result in environmental or health
effects substantially and significantly more adverse than the effects
considered by the Board in adopting the rule of general applicability; and
(4) the adjusted standard is consistent with any applicable federal law.
(d) The Board shall adopt procedures applicable to such adjusted
standards determinations which, at a minimum, shall
provide: (1) that the petitioner shall submit to the Board proof that,
within 14 days after the filing of the petition, it has published notice of
the filing of the petition by advertisement in a newspaper of general
circulation in the area likely to be affected, including the nature of the
relief sought and advising of the right of any person to request a hearing
within 21 days of the publication of the notice;
(2) that if the Board in its discretion determines that a hearing would be
advisable, or upon the request of any person received by the Board within
21 days after publication of the notice of the filing of the petition, the
Board shall hold a public hearing on the petition, and at least 20 days
before the hearing the Board shall publish notice of the
hearing by advertisement in a newspaper of general circulation in the area
likely to be affected; and (3) that the Board
shall issue an order and opinion
stating the facts and reasons leading to the final Board determination.
Such Board orders and opinions shall be maintained for public inspection by
the Clerk of the Board and a listing of all determinations made pursuant to
this Section shall be published in the Illinois Register and the
Environmental Register at the end of each fiscal year. The Agency shall
participate in proceedings pursuant to this Section.
The Board may grant adjusted standards under this Section prior to adopting
procedures applicable to such adjusted standard determinations.
(e) If any person files a petition for an individual adjusted
standard in lieu of complying with the applicable regulation within 20 days
after the effective date of the regulation, the operation of the regulation
shall be stayed as to such person pending the disposition of the petition;
provided, however, that the operation of any regulation shall not be stayed
if that regulation was adopted by the Board to implement, in whole or in
part, the requirements of the federal Clean Air Act, Safe Drinking Water
Act or Comprehensive Environmental Response, Compensation and Liability
Act, or the State RCRA, UIC or NPDES programs. The Board may, at any time
after the petition is filed, dismiss the petition if it determines that the
petition is frivolous or duplicative, or that the petitioner is not
pursuing disposition of the petition in a timely manner.
(f) Within 20 days after the effective date of any regulation that
implements in whole or in part the requirements of the Clean Air Act, if
any person files a petition for an individual adjusted standard in lieu of
complying with the regulation, such source will be exempt from the
regulation until the Board makes a final determination on the petition. If
the regulation adopted by the Board from which the individual adjusted
standard is sought replaces a previously adopted Board regulation, the
source shall be subject to the previously adopted Board regulation until
final action is taken by the Board on the petition. In its final action on
the petition, the Board shall either establish an adjusted standard for the
source or adopt a standard for the source that is the same as that
contained in the regulation from which the adjusted standard was sought.
(g) A final Board determination made under this Section may
be appealed pursuant to Section 41 of this Act.
(h) This Section shall not be construed so as to affect or limit the
authority of the Board to adopt, amend or repeal regulations specific to
individual persons, geographic areas or sites pursuant to Sections 27 and 28
of this Act, or so as to affect or impair the validity of any existing
regulations.
(i) Any person who files a petition for an adjusted standard under this
Section shall pay a filing fee.

(Source: P.A. 85-1440.)
 
(415 ILCS 5/28.2) (from Ch. 111 1/2, par. 1028.2)
Sec. 28.2.
Federally required rules.
(a) For the purposes of this Section, "required rule" means
a rule that is needed to meet the requirements of the federal Clean Water
Act, Safe Drinking Water Act, Clean Air Act (including required submission
of a State Implementation Plan), or Resource Conservation and Recovery Act,
other than a rule required to be adopted under subsection (c) of Section
13, Section 13.3, Section 17.5, subsection (a) or (d) of Section 22.4,
subsection (a) of Section 22.7, or subsection (a) of Section 22.40.
(b) When the Agency proposes a rule that it believes to be a required
rule, the Agency shall so certify in its proposal, identifying the federal
law to which the proposed rule will respond and the rationale upon which
the certification is based. If the certification is accompanied by a
written confirmation from USEPA, the certification shall be under the
signature of the regional administrator, the deputy regional administrator,
the appropriate division director or a responsible senior official from
USEPA headquarters. The Board shall either accept or reject the
certification within 45 days and shall reference the certification in the
first notice of the proposal published in the Illinois Register as provided
by the Illinois Administrative Procedure Act. First notice of the proposal
shall be submitted for publication in the Illinois Register as expeditiously as
is practicable, but in no event later than 6 months from the date the Board
determines whether an economic impact study should be conducted. Should
the Board reject an Agency certification, the proposal shall not be
considered a required rule. If the Board fails to act within the requisite
45 day period, the certification shall be deemed granted.
(c) Whenever a required rule is needed, the Board shall adopt a rule
(i) that fully meets the applicable federal law and (ii) that is not
inconsistent with any substantive environmental standard or prohibition
that is specifically and completely contained and fully set forth within
any Illinois statute, except as authorized by this Act. In determining
whether the rule fully meets the applicable federal law, the Board shall
consider all relevant evidence in the record.

(Source: P.A. 87-860; 88-496.)
 
(415 ILCS 5/28.3) (from Ch. 111 1/2, par. 1028.3)
Sec. 28.3.

(a) Utilizing the provisions of Section 28.1 and this
Section alternative requirements may be established by the Board in an
adjusted standards proceeding for the direct discharge of waste solids to
the Mississippi or Ohio Rivers from clarifier sludge and filter backwash
generated in the water purification process. Any public water supply
utilizing the Mississippi or Ohio Rivers as its raw water source may
initiate such a proceeding provided that its waste solids are generated as
described herein and it does not utilize lime softening in the purification
process. An adjusted standard granted by the Board in an adjusted standard
proceeding shall be based upon water quality effects, actual and potential
stream uses, and economic considerations, including those of the discharger
and those affected by the discharge.
(b) No later than January 1, 1991, the public water supply shall make a
declaration regarding the intent to pursue an adjusted standard and
assemble and submit to the Agency any background information in its
possession relevant to current discharge practices. The Agency, after a
review of its files and the submittal, shall request such further
information as it deems necessary for its initial determination. The
Agency shall promptly notify the public water supply in writing of any
discretionary determination that it will not agree with pursuit of an
adjusted standard and shall indicate the basis for such determination.
Such basis may include but not be limited to a judgment that the
information submitted is insufficient,
that due to the nature of the discharge an adjusted standard would be
environmentally unsound, or that a specific alternative control strategy
being considered by the supply is infeasible from either an engineering or
pollutant removal standpoint. If the supply and the Agency agree on
alternative controls, an adjusted standard proceeding before the Board
shall be commenced by the supply by filing jointly with the Agency a
petition. If the Agency has declined to agree with an alternate control
strategy or if the supply declines to accept an Agency proposal, the supply
may commence singly an adjusted standard proceeding before the Board.
(c) If the public water supply and the Agency jointly file an adjusted
standard petition, justifications shall be included in the petition.
Justification based upon discharge impact shall include, as a minimum, an
evaluation of receiving stream ratios, known stream uses, accessibility to
stream and side land use activities (residential, commercial, agricultural,
industrial, recreational), frequency and extent of discharges, inspections
of unnatural bottom deposits, odors, unnatural floating material or color,
stream morphology and results of stream chemical analyses. Where minimal
impact cannot be established, justification shall also include evaluations
of stream sediment analyses, biological surveys (including habitat
assessment), and thorough stream chemical analyses that
may include but are not limited to analysis of parameters regulated in 35
Ill. Adm. Code 302. Except as otherwise provided in this Section, the
petitioner shall adhere to the general procedural rules for adjusted
standards petitions as adopted by the Board. If the petitioner files
singly, justification shall include all components identified as applicable
to instances where minimal impact cannot be established.
(d) Any petition submitted pursuant to this Section shall include the
following:
(e) The Board shall give notice of the petition and shall schedule a
hearing in accordance with 35 Ill. Adm. Code 103. The proceedings shall be
in accordance with 35 Ill. Adm. Code 103.
(f) In considering the proposed petition and the hearing record, the Board
shall take into account the factors contained in subsection (a) of Section
27 of this Act. The Board shall issue and enter a written opinion stating
the facts and reasons leading to its decision within 120 days after the
filing of the petition. The Board shall issue and enter such orders
concerning a petition for an adjusted standard as are appropriate for the
reasons stated in its written opinion. Such decisions may include but are
not limited to decisions accepting or rejecting the petition, directing
that hearings be held to develop further information or to cure any
procedural defects, or remanding the petition to the petitioners with
suggested revisions. The Board shall also include a compliance schedule
for construction of any treatment works, discharge outfall facilities or
operational controls that may be required as a result of its final order.
(g) Application of otherwise applicable discharge limitations to
discharges subject to this Section shall be held in abeyance pending Board
action for those petitioners pursuing an adjusted standard as long as they
have adhered to the filing times in this Section and are making timely and
appropriate progress in seeking an adjusted standard. Petitioners must
take all reasonable steps to minimize discharge quantities and adverse
environmental impacts for the interim operating period during pursuit of an
adjusted standard. In no instances shall interim operating procedures be
relaxed from previously demonstrated and generally attainable performance
levels.

(Source: P.A. 86-1363.)
 
(415 ILCS 5/28.4) (from Ch 111 1/2, par. 1028.4)
Sec. 28.4.
(Repealed).

(Source: P.A. 87-1213. Repealed internally, eff. 12-31-97.)
 
(415 ILCS 5/28.5)
Sec. 28.5. Clean Air Act rules; fast-track.
(a) This Section applies through December 31, 2026 and applies solely to the adoption of rules proposed by
the Agency and required to be adopted by the State under the Clean Air Act
as amended by the Clean Air Act Amendments of 1990 (CAAA).
(b) For purposes of this Section, a "fast-track" rulemaking proceeding
is a proceeding to promulgate a rule that the CAAA requires to be adopted. For the purposes of this Section, "requires to be adopted" refers only to those
regulations or parts of regulations for which the United States Environmental
Protection Agency is empowered to impose sanctions against the State for failure to adopt such rules. All fast-track rules must be adopted under
procedures set forth in this Section, unless another provision of this Act
specifies the method for adopting a specific rule.
(c) When the CAAA requires rules other than identical in substance rules
to be adopted, upon request by the Agency, the Board must adopt rules under
fast-track rulemaking requirements.
(d) The Agency must submit its fast-track rulemaking proposal in the
following form:
(e) Within 14 days of receipt of the proposal, the Board must file the
rule for first notice under the Illinois Administrative Procedure Act and must
schedule all required hearings on the proposal and cause public notice to be
given in accordance with the Illinois Administrative Procedure Act and the
CAAA.
(f) The Board must set 3 hearings on the proposal, each of which shall
be scheduled to continue from day to day, excluding weekends and State and
federal holidays, until completed. The Board must
require the written submission of all testimony at least 10 days before a
hearing, with simultaneous service to all participants of record in the
proceeding as of 15 days prior to hearing, unless a waiver is granted by
the Board for good cause. In order to further expedite the hearings,
presubmitted testimony shall be accepted into the record without the reading of
the testimony at hearing, provided that the witness swears to the testimony and
is available for questioning, and the Board must make every effort to conduct
the proceedings expeditiously and avoid duplication and extraneous material.
(g) In any fast-track rulemaking proceeding, the Board must accept
evidence and comments on the economic impact of any provision of the rule
and must consider the economic impact of the rule based on the record.
The Board may order an economic impact study in a manner that will not
prevent adoption of the rule within the time required by subsection (n)
of this Section.
(h) In all fast-track rulemakings under this Section, the Board must
take into account factors set forth in subsection (a) of Section 27 of
this Act.
(i) The Board must adopt rules in the fast-track rulemaking docket
under the requirements of this Section that the CAAA requires to be
adopted, and may consider a non-required rule in a second docket that shall
proceed under Title VII of this Act.
(j) The Board is directed to take whatever measures are available to it
to complete fast-track rulemaking as expeditiously as possible consistent
with the need for careful consideration. These measures shall include, but
not be limited to, having hearings transcribed on an expedited basis.
(k) Following the hearings, the Board must close the record 14 days
after the availability of the transcript.
(l) The Board must not revise or otherwise change an Agency fast-track
rulemaking proposal without agreement of the Agency until after the end
of the hearing and comment period. Any revisions to an Agency
proposal shall be based on the record of the proceeding.
(m) All rules adopted by the Board under this Section shall be based
solely on the record before it.
(n) The Board must complete a fast-track rulemaking by adopting
a second notice order no later than 130 days after receipt of the proposal if
no third hearing is held and no later than 150 days if the third hearing is
held. If the order includes a rule, the Illinois Board must file the rule for
second notice under the Illinois Administrative Procedure Act within 5 days
after adoption of the order.
(o) Upon receipt of a statement of no objection to the rule from the
Joint Committee on Administrative Rules, the Board must adopt the final
order and submit the rule to the Secretary of State for publication and
certification within 21 days.



(Source: P.A. 101-645, eff. 6-26-20; 102-243, eff. 8-3-21.)
 
(415 ILCS 5/28.6)
Sec. 28.6.
Rulemaking to update incorporation by reference.
(a) Any person may file a proposal with the Board to update an incorporation
by reference included in a Board rule. The Board or the Agency may also make
such a proposal on its own initiative.
(b) A rulemaking to update an incorporation by reference under this Section
shall be for the sole purpose of replacing a reference to an older or obsolete
version of a document with a reference to the current version of that document
or its successor document.
(c) A rulemaking to update an incorporation by reference under this Section
shall comply with Sections 5-40 and 5-75 of the Illinois Administrative
Procedure Act. Sections 27 and 28 of this Act do not apply to rulemaking
under this Section.
(d) If an objection to the proposed amendment is filed during the public
comment period required under Section 5-40 of the Illinois Administrative
Procedure Act, then the proposed amendment shall not be adopted pursuant to
this Section. Nothing in this Section precludes the adoption of a change to
an incorporation by reference through other lawful rulemaking procedures.
(e) The Board may adopt procedural rules to implement this Section.

(Source: P.A. 93-152, eff. 7-10-03.)
 
(415 ILCS 5/29) (from Ch. 111 1/2, par. 1029)
Sec. 29.
(a) Any person adversely affected or threatened by any rule
or regulation of the Board may obtain a determination of the validity or
application of such rule or regulation by petition under subsection (a) of Section
41 of this Act for judicial review of the Board's final order adopting the rule or regulation. For purposes of the 35-day appeal period of subsection (a) of Section 41, a person is deemed to have been served with the Board's final order on the date on which the rule or regulation becomes effective pursuant to the Illinois Administrative Procedure Act.
(b) Action by the Board in adopting any regulation for which judicial
review could have been obtained under Section 41 of this Act shall not be
subject to review regarding the regulation's validity or application in any
subsequent proceeding under Title VIII, Title IX, or Section 40 of this Act.
(c) This Section does not apply to orders entered by the Board pursuant to Section 38.5 of this Act. Final orders entered by the Board pursuant to Section 38.5 of this Act are subject to judicial review under subsection (j) of that Section. Interim orders entered by the Board pursuant to Section 38.5 are not subject to judicial review under this Section or Section 38.5.
(Source: P.A. 99-934, eff. 1-27-17; 99-937, eff. 2-24-17; 100-863, eff. 8-14-18.)

Structure Illinois Compiled Statutes