ILCS » Chapter 415 · Act 5
Illinois Compiled Statutes

415 ILCS 5/27 (2026)

Rulemaking

✓ current as of May 2026
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(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:
        (1) request that the Department of Commerce and
    
Economic Opportunity 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 Economic Opportunity's explanation for not producing an economic impact study, available to the public. 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, 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.)

    
Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 1999–2024 · leading case: Env't Prot. Agency v. Pollution Control Bd., 721 N.E.2d 723 (Ill. App. Ct. 1999).
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Env't Prot. Agency v. Pollution Control Bd., 721 N.E.2d 723 (Ill. App. Ct. 1999). · cites it 2× “See 415 ILCS 5/27, 28 (West 1996). Furthermore, the Act deems petitions for an adjusted standard “adjudicatory” proceedings.”
Prairie Rivers Network v. Illinois Pollution Control Bd., 781 N.E.2d 372 (Ill. App. Ct. 2002). “See 415 ILCS 5/27 (West 2000); 35 Ill. Adm. Code § 102.”
Sierra Club v. Illinois Pollution Control, 936 N.E.2d 670 (Ill. App. Ct. 2010). · cites it 12× “Sierra Club and Peoria Families Against Toxic Waste (collectively referred to as the opposition groups) seek reversal of the Board's order, arguing that the Board erred in (1) failing to consider the factors set forth in section 27(a) of the Illinois Environmental Protection Act…”
Emerald Performance Materials, LLC v. The Illinois Pollution Control Bd., 2016 IL App (3d) 150526 (Ill. App. Ct. 2016). · cites it 2× “” 415 ILCS 5/27(a) (West 2012). ¶ 23 Section 28.”
Tri-Plex Technical Servs., Ltd. v. Jon-Don, LLC, 2024 IL 129183 (Ill. 2024). “The alleged violations of both laws underlying the plaintiff’s complaint could have been brought under section 31(d)(1): the Detergents Act is enforced by the Pollution Control Board (415 ILCS 92/5(e) (West 2020)), and the VOM regulation was promulgated by the Pollution Control…”
Sierra Club v. Illinois Pollution Control Bd., 2011 IL 110882 (Ill. 2011). · cites it 3× “) 415 ILCS 5/27(a) (West 2008). As importantly, section 28.”
Emerald Performance Materials, LLC v. The Illinois Pollution Control Bd., 2016 IL App (3d) 150526 (Ill. App. Ct. 2016). · cites it 2× “” 415 ILCS 5/27(a) (West 2012). 9 ¶ 23 Section 28.”
Midwest Generation, LLC v. Illinois Pollution Control Bd., 2024 IL App (4th) 210304 (Ill. App. Ct. 2024). “” 415 ILCS 5/27(a) (West 2020). ¶ 177 Midwest and Dynegy argue that the Board failed to consider the technical feasibility and economic reasonableness of (1) the definition of CCR surface impoundment, (2) the requirement for monthly groundwater monitoring, (3) the liner removal…”
Sierra Club v. Illinois Pollution Control Bd. (Ill. App. Ct. 2010). · cites it 4× “Next, the Board addressed concerns raised by the opposition 6 groups that PDC did not provide sufficient evidence to satisfy the factors set forth in section 27(a) of the Act (415 ILCS 5/27(a) (West 2008)). The Board stated that it "carefully considered the information in this…”
Sierra Club v. Ill. Pollution Control Bd., 957 N.E.2d 888 (Ill. 2011). · cites it 5× “) 415 ILCS 5/27(a) (West 2008). As importantly, section 28.”
EPA v. Pollution Control Bd. (Ill. App. Ct. 1999). · cites it 2× “Proceedings for both a petition for a variance and a petition for an adjusted standard are adversarial in nature, whereas petitioners for site-specific regulations must follow standard rulemaking procedures.”
Prairie Rivers Network v. Illinois Pollution Control Bd. (Ill. App. Ct. 2002). “See 415 ILCS 5/27 (West 2000); 35 Ill. Adm. Code §102.”
— 415 ILCS 5/27(a) — 8 cases
Sierra Club v. Illinois Pollution Control, 936 N.E.2d 670 (Ill. App. Ct. 2010). “Sierra Club and Peoria Families Against Toxic Waste (collectively referred to as the opposition groups) seek reversal of the Board's order, arguing that the Board erred in (1) failing to consider the factors set forth in section 27(a) of the Illinois Environmental Protection Act…”
Emerald Performance Materials, LLC v. The Illinois Pollution Control Bd., 2016 IL App (3d) 150526 (Ill. App. Ct. 2016). “” 415 ILCS 5/27(a) (West 2012). ¶ 23 Section 28.”
Tri-Plex Technical Servs., Ltd. v. Jon-Don, LLC, 2024 IL 129183 (Ill. 2024). “The alleged violations of both laws underlying the plaintiff’s complaint could have been brought under section 31(d)(1): the Detergents Act is enforced by the Pollution Control Board (415 ILCS 92/5(e) (West 2020)), and the VOM regulation was promulgated by the Pollution Control…”
Sierra Club v. Illinois Pollution Control Bd., 2011 IL 110882 (Ill. 2011). “) 415 ILCS 5/27(a) (West 2008). As importantly, section 28.”
Emerald Performance Materials, LLC v. The Illinois Pollution Control Bd., 2016 IL App (3d) 150526 (Ill. App. Ct. 2016). “” 415 ILCS 5/27(a) (West 2012). 9 ¶ 23 Section 28.”
— 415 ILCS 5/27(b) — 2 cases
Sierra Club v. Illinois Pollution Control Bd., 2011 IL 110882 (Ill. 2011). “) 415 ILCS 5/27(a) (West 2008). As importantly, section 28.”
Sierra Club v. Ill. Pollution Control Bd., 957 N.E.2d 888 (Ill. 2011). “) 415 ILCS 5/27(a) (West 2008). As importantly, section 28.”
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