ILCS » Chapter 415 · Act 5
Illinois Compiled Statutes

415 ILCS 5/28.1 (2026)

(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

✓ current as of May 2026
Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(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.)

    
Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1997–2026 · leading case: Env't Prot. Agency v. Pollution Control Bd., 721 N.E.2d 723 (Ill. App. Ct. 1999).
Sort: Relevance Newest Treatment
Env't Prot. Agency v. Pollution Control Bd., 721 N.E.2d 723 (Ill. App. Ct. 1999). · cites it 7× “1 of the Environmental Protection Act (Act) (415 ILCS 5/28.1 (West 1996)). The Illinois Environmental Protection Agency (Agency) opposed the petition.”
Sierra Club v. Illinois Pollution Control, 936 N.E.2d 670 (Ill. App. Ct. 2010). · cites it 34× “1 of the Act (415 ILCS 5/28.1 (West 2008)). In the petition, PDC asked the Board to delist K061 hazardous waste, EAFD, an emission from the production of steel in electric arc furnaces, after the EAFD is treated and stabilized.”
Sierra Club v. Illinois Pollution Control Bd., 2011 IL 110882 (Ill. 2011). · cites it 15× “1 of the Illinois Environmental Protection Act (415 ILCS 5/28.1 (West 2008)). Section 28.”
Emerald Performance Materials, LLC v. The Illinois Pollution Control Bd., 2016 IL App (3d) 150526 (Ill. App. Ct. 2016). · cites it 2× “Section 27 of the Act provides the following factors for the Board to consider in determining regulations and adjusted standards: “the existing physical conditions, the character of the area involved, including the character of the surrounding land uses, zoning classifications,…”
Horsehead Resource Dev. Co. v. Pollution Control Bd., 684 N.E.2d 837 (Ill. App. Ct. 1997). · cites it 2× “” 415 ILCS 5/28.1(a) (West 1994). A regulation of "general applicability” is the general classification of a waste as hazardous, such as EAFD previously listed as hazardous waste K061.”
Emerald Performance Materials, LLC v. The Illinois Pollution Control Bd., 2016 IL App (3d) 150526 (Ill. App. Ct. 2016). · cites it 2× “” 415 ILCS 5/28.1(a) (West 2012). Section 27 of the Act provides the following factors for the Board to consider in determining regulations and adjusted standards: “the existing physical conditions, the character of the area involved, including the character of the surrounding…”
Sierra Club v. Ill. Pollution Control Bd., 957 N.E.2d 888 (Ill. 2011). · cites it 16× “1 of the Illinois Environmental Protection Act (the Act) (415 ILCS 5/28.1 (West 2008)), asking the Illinois Pollution Control Board (the Board) to delist ( i.”
Sierra Club v. Illinois Pollution Control Bd. (Ill. App. Ct. 2010). · cites it 11× “1 of the Act (415 ILCS 5/28.1 (West 2008)). In the petition, PDC asked the Board to delist K061 hazardous waste, EAFD, an emission from the production of steel in electric arc furnaces, after the EAFD is treated and stabilized.”
Midwest Generation, LLC v. IL Pollution Control Bd., 2026 IL App (2d) 250166-U (Ill. App. Ct. 2026). · cites it 3× “415 ILCS 5/28.1(c) (West 2022). The Board determined that Midwest failed to establish the first three required components.”
EPA v. Pollution Control Bd. (Ill. App. Ct. 1999). · cites it 7× “1 of the Environmental Protection Act (Act) (415 ILCS 5/28.1 (West 1996)). The Illinois Environmental Protection Agency (Agency) opposed the petition.”
— 415 ILCS 5/28.1(a) — 7 cases
Sierra Club v. Illinois Pollution Control, 936 N.E.2d 670 (Ill. App. Ct. 2010). “1 of the Act (415 ILCS 5/28.1 (West 2008)). In the petition, PDC asked the Board to delist K061 hazardous waste, EAFD, an emission from the production of steel in electric arc furnaces, after the EAFD is treated and stabilized.”
Sierra Club v. Illinois Pollution Control Bd., 2011 IL 110882 (Ill. 2011). “1 of the Illinois Environmental Protection Act (415 ILCS 5/28.1 (West 2008)). Section 28.”
Emerald Performance Materials, LLC v. The Illinois Pollution Control Bd., 2016 IL App (3d) 150526 (Ill. App. Ct. 2016). “Section 27 of the Act provides the following factors for the Board to consider in determining regulations and adjusted standards: “the existing physical conditions, the character of the area involved, including the character of the surrounding land uses, zoning classifications,…”
Horsehead Resource Dev. Co. v. Pollution Control Bd., 684 N.E.2d 837 (Ill. App. Ct. 1997). “” 415 ILCS 5/28.1(a) (West 1994). A regulation of "general applicability” is the general classification of a waste as hazardous, such as EAFD previously listed as hazardous waste K061.”
Emerald Performance Materials, LLC v. The Illinois Pollution Control Bd., 2016 IL App (3d) 150526 (Ill. App. Ct. 2016). “” 415 ILCS 5/28.1(a) (West 2012). Section 27 of the Act provides the following factors for the Board to consider in determining regulations and adjusted standards: “the existing physical conditions, the character of the area involved, including the character of the surrounding…”
— 415 ILCS 5/28.1(a)(1) — 2 cases
Emerald Performance Materials, LLC v. The Illinois Pollution Control Bd., 2016 IL App (3d) 150526 (Ill. App. Ct. 2016). “Section 27 of the Act provides the following factors for the Board to consider in determining regulations and adjusted standards: “the existing physical conditions, the character of the area involved, including the character of the surrounding land uses, zoning classifications,…”
Emerald Performance Materials, LLC v. The Illinois Pollution Control Bd., 2016 IL App (3d) 150526 (Ill. App. Ct. 2016). “” 415 ILCS 5/28.1(a) (West 2012). Section 27 of the Act provides the following factors for the Board to consider in determining regulations and adjusted standards: “the existing physical conditions, the character of the area involved, including the character of the surrounding…”
— 415 ILCS 5/28.1(b) — 2 cases
Sierra Club v. Illinois Pollution Control Bd., 2011 IL 110882 (Ill. 2011). “1 of the Illinois Environmental Protection Act (415 ILCS 5/28.1 (West 2008)). Section 28.”
Sierra Club v. Ill. Pollution Control Bd., 957 N.E.2d 888 (Ill. 2011). “1 of the Illinois Environmental Protection Act (the Act) (415 ILCS 5/28.1 (West 2008)), asking the Illinois Pollution Control Board (the Board) to delist ( i.”
— 415 ILCS 5/28.1(c) — 3 cases
Env't Prot. Agency v. Pollution Control Bd., 721 N.E.2d 723 (Ill. App. Ct. 1999). “1 of the Environmental Protection Act (Act) (415 ILCS 5/28.1 (West 1996)). The Illinois Environmental Protection Agency (Agency) opposed the petition.”
Midwest Generation, LLC v. IL Pollution Control Bd., 2026 IL App (2d) 250166-U (Ill. App. Ct. 2026). “415 ILCS 5/28.1(c) (West 2022). The Board determined that Midwest failed to establish the first three required components.”
EPA v. Pollution Control Bd. (Ill. App. Ct. 1999). “1 of the Environmental Protection Act (Act) (415 ILCS 5/28.1 (West 1996)). The Illinois Environmental Protection Agency (Agency) opposed the petition.”
— 415 ILCS 5/28.1(c)(1) — 2 cases
Midwest Generation, LLC v. IL Pollution Control Bd., 2026 IL App (2d) 250166-U (Ill. App. Ct. 2026). “415 ILCS 5/28.1(c) (West 2022). The Board determined that Midwest failed to establish the first three required components.”
EPA v. Pollution Control Bd. (Ill. App. Ct. 1999). “1 of the Environmental Protection Act (Act) (415 ILCS 5/28.1 (West 1996)). The Illinois Environmental Protection Agency (Agency) opposed the petition.”
— 415 ILCS 5/28.1(c)(l) — 1 case
Env't Prot. Agency v. Pollution Control Bd., 721 N.E.2d 723 (Ill. App. Ct. 1999). “1 of the Environmental Protection Act (Act) (415 ILCS 5/28.1 (West 1996)). The Illinois Environmental Protection Agency (Agency) opposed the petition.”
— 415 ILCS 5/28.1(d) — 4 cases
Env't Prot. Agency v. Pollution Control Bd., 721 N.E.2d 723 (Ill. App. Ct. 1999). “1 of the Environmental Protection Act (Act) (415 ILCS 5/28.1 (West 1996)). The Illinois Environmental Protection Agency (Agency) opposed the petition.”
Sierra Club v. Illinois Pollution Control, 936 N.E.2d 670 (Ill. App. Ct. 2010). “1 of the Act (415 ILCS 5/28.1 (West 2008)). In the petition, PDC asked the Board to delist K061 hazardous waste, EAFD, an emission from the production of steel in electric arc furnaces, after the EAFD is treated and stabilized.”
Horsehead Resource Dev. Co. v. Pollution Control Bd., 684 N.E.2d 837 (Ill. App. Ct. 1997). “” 415 ILCS 5/28.1(a) (West 1994). A regulation of "general applicability” is the general classification of a waste as hazardous, such as EAFD previously listed as hazardous waste K061.”
EPA v. Pollution Control Bd. (Ill. App. Ct. 1999). “1 of the Environmental Protection Act (Act) (415 ILCS 5/28.1 (West 1996)). The Illinois Environmental Protection Agency (Agency) opposed the petition.”
— 415 ILCS 5/28.1(g) — 4 cases
Sierra Club v. Illinois Pollution Control, 936 N.E.2d 670 (Ill. App. Ct. 2010). “1 of the Act (415 ILCS 5/28.1 (West 2008)). In the petition, PDC asked the Board to delist K061 hazardous waste, EAFD, an emission from the production of steel in electric arc furnaces, after the EAFD is treated and stabilized.”
Sierra Club v. Illinois Pollution Control Bd., 2011 IL 110882 (Ill. 2011). “1 of the Illinois Environmental Protection Act (415 ILCS 5/28.1 (West 2008)). Section 28.”
Sierra Club v. Ill. Pollution Control Bd., 957 N.E.2d 888 (Ill. 2011). “1 of the Illinois Environmental Protection Act (the Act) (415 ILCS 5/28.1 (West 2008)), asking the Illinois Pollution Control Board (the Board) to delist ( i.”
Sierra Club v. Illinois Pollution Control Bd. (Ill. App. Ct. 2010). “1 of the Act (415 ILCS 5/28.1 (West 2008)). In the petition, PDC asked the Board to delist K061 hazardous waste, EAFD, an emission from the production of steel in electric arc furnaces, after the EAFD is treated and stabilized.”
— 415 ILCS 5/28.1(h) — 2 cases
Sierra Club v. Illinois Pollution Control Bd., 2011 IL 110882 (Ill. 2011). “1 of the Illinois Environmental Protection Act (415 ILCS 5/28.1 (West 2008)). Section 28.”
Sierra Club v. Ill. Pollution Control Bd., 957 N.E.2d 888 (Ill. 2011). “1 of the Illinois Environmental Protection Act (the Act) (415 ILCS 5/28.1 (West 2008)), asking the Illinois Pollution Control Board (the Board) to delist ( i.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.