PART104. REGULATORY RELIEF MECHANISMS  


SUBPART A. GENERAL PROVISIONS
§ 104.100. Applicability
§ 104.102. Severability
§ 104.104. Definitions
§ 104.106. Petitions and Hearings
SUBPART B. VARIANCES
§ 104.200. General
§ 104.202. Filing Requirements
§ 104.204. Petition Content Requirements
§ 104.206. RCRA Variance Petition Contents
§ 104.208. Consistency with Federal Law
§ 104.210. Petition for Extension of Variance
§ 104.212. Motion for Modification of Internal Variance Compliance Dates
§ 104.214. Notice of Petition
§ 104.216. Agency Investigation and Recommendation
§ 104.218. Agency Recommendation to RCRA Variance
§ 104.220. Response to Agency Recommendation
§ 104.222. Stipulations
§ 104.224. Objections to Petition, Written Comments, and Request for Hearing
§ 104.226. Amended Petition and Amended Recommendation
§ 104.228. Insufficient Petition
§ 104.230. Dismissal of Petition
§ 104.232. Calculation of Decision Deadline
§ 104.234. Hearing
§ 104.236. Hearing Procedures
§ 104.238. Standard of Review
§ 104.240. Certificate of Acceptance
§ 104.242. Term of Variance
§ 104.244. Variance Conditions
§ 104.246. Performance Bonds
§ 104.248. Objection to Conditions
SUBPART C. PROVISIONAL VARIANCES
§ 104.300. Applicability
§ 104.302. Agency Action
§ 104.304. Initiating a Request
§ 104.306. Filing and Notice
§ 104.308. Term
§ 104.310. Simultaneous Variance Prohibition [Repealed]
SUBPART D. ADJUSTED STANDARDS
§ 104.400. General
§ 104.402. Initiation of Proceeding
§ 104.404. Request to Agency to Join as Co-Petitioner
§ 104.406. Petition Content Requirements
§ 104.408. Petition Notice Requirements
§ 104.410. Proof of Petition Notice Requirements
§ 104.412. Effect of Filing a Petition: Stay
§ 104.414. Dismissal of Petition
§ 104.416. Agency Recommendation and Petitioner Response
§ 104.418. Amended Petition, Amended Recommendation, and Amended Response
§ 104.419. Insufficient Petition
§ 104.420. Request for Public Hearing
§ 104.422. Public Hearing
§ 104.424. Hearing Notice
§ 104.426. Burden of Proof
§ 104.428. Board Action
SUBPART E. TIME-LIMITED WATER QUALITY STANDARDS (TLWQS)
§ 104.500. Purpose
§ 104.505. Applicability and Use
§ 104.510. Severability
§ 104.515. Definitions
§ 104.520. General Procedures
§ 104.525. Stay
§ 104.530. Petition Contents
§ 104.535. Agency Response
§ 104.540. Board Established Classes and Deadlines
§ 104.545. Substantial Compliance Assessment
§ 104.550. Recommendation and Response
§ 104.555. Hearing
§ 104.560. Demonstration
§ 104.565. Opinion and Order
§ 104.570. USEPA Review
§ 104.575. Coverage Under Board-Approved Time-Limited Water Quality Standards
§ 104.580. Re-evaluation
§ 104.585. Appeal Rights
§ 104.590. Extension
§ 104.APPENDIX A. Comparison of Former and Current Rules [Repealed]
SOURCE: Subpart B: Originally adopted as Chapter I: Procedural Rules, Part IV: Variances, in R70-4, at 1 PCB 43, October 8, 1970; amended in R77-16, 29 PCB 503, at 2 Ill. Reg. 16, p. 3, effective May 1974; amended in R79-9, 35 PCB 433, at 3 Ill. Reg. 51, p. 128, effective December 7, 1979; amended in R80-12, 40 PCB 451, at 5 Ill. Reg. 2763, effective March 2, 1981; codified at 6 Ill. Reg. 8357; amended in R84-10, 62 PCB 87, at 9 Ill. Reg. 1409, effective January 16, 1985; old Part repealed, new Part adopted in R00-20 at 25 Ill. Reg. 613, effective January 1, 2001; amended in R04-24 at 29 Ill. Reg. 8803, effective June 8, 2005; amended in R14-21 at 39 Ill. Reg. 2357, effective January 27, 2015; amended in R15-20 at 39 Ill. Reg. 12905, effective September 8, 2015; amended in R16-17 at 40 Ill. Reg. 7973, effective May 20, 2016; amended in R17-18 at 41 Ill. Reg. 10049, effective July 5, 2017; amended in R18-18 at 42 Ill. Reg. 7922, effective April 27, 2018.

Notation

AUTHORITY: Subparts B and C: Implementing Sections 5, 35, 36, 37 and 38 of the Environmental Protection Act (Act) [415 ILCS 5/5, 35, 36, 37, and 38] and authorized by Sections 26 and 27 of the Act [415 ILCS 5/26 and 27]. Subpart D: Implementing Sections 5, 14.2(c), 22.4, 27, 28, 28.1, 28.5 and 39.5 of the Act [415 ILCS 5/5, 14.2(c), 22.4, 27, 28, 28.1, 28.5 and 39.5] and authorized by Sections 26 and 27 of the Act [415 ILCS 5/26 and 27]. Subpart E: Implementing and authorized by Sections 4, 5, and 38.5 of the Act [415 ILCS 5/5 and 38.5].