Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 104 - REGULATORY RELIEF MECHANISMS
Subpart E - TIME-LIMITED WATER QUALITY STANDARDS (TLWQS)
Section 104.550 - Recommendation and Response
Universal Citation: 35 IL Admin Code ยง 104.550
Current through Register Vol. 48, No. 38, September 20, 2024
a) Unless otherwise ordered by the hearing officer or the Board, the Agency must file a recommendation with the Board within 45 days after the Board determines that a petition is in substantial compliance under Section 104.545.
b) At a minimum, the Agency's recommendation must include:
1) An analysis of:
A) whether the petitioner made its
demonstration under Section 104.560, including the petitioner's proposed
highest attainable condition;
B)
whether the proposed TLWQS is consistent with applicable federal laws and
regulations and satisfies the requirements of Section 38.5 of the Act and this
Part; and
C) eligibility criteria
to be adopted by the Board to be used at the time of renewal or modification of
an individual's federal NPDES permit or at the time an individual files an
application for certification under section 401 of the federal Clean Water Act
to obtain coverage under a Board-approved TLWQS, when applicable;
2) any information relevant to the
disposition of the petition, including any past or pending enforcement actions
against petitioner;
3) whether the
Board should adopt, adopt with conditions, or deny the petitioner's requested
TLWQS;
4) the recommended term of
the TLWQS; and
5) a list of persons
that are seeking coverage under the TLWQS at the time of the adoption of the
TLWQS.
c) The petitioner or any person may file a question or response to the Agency's recommendation within 14 days after the Agency files its recommendation.
d) Concurrent with the filing of the recommendation with the Board, the Agency must transmit a copy of its recommendation, along with a copy of the TLWQS petition, to USEPA.
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