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Making a Public Comment
The Illinois EPA is committed to transparency and public involvement in environmental decision-making. The Illinois EPA uses public notices to alert the public of proposed Agency actions, instruct the public on when and how to participate along with the ability make comments to help inform Agency decisions. A public comment period allows individuals, organizations, agencies and other stakeholders an opportunity to provide input on proposed decisions. Although the Illinois EPA is bound by state and federal laws, public comments may influence how solutions are achieved. Public comments can inform the Illinois EPA on concerns and observations made by impacted communities and neighborhoods, as well as local conditions and how regulatory processes and actions may impact them.
Not all permits require a public notice; this determination is based on statutory rules and regulations outlined in the Environmental Protection Act.
How to View Public Notices
Public notices can be found on
Illinois EPA “X” Public Notice Account @IlepaNotices
How to Make an Effective Comment
Illinois EPA is dedicated to using public input in its decision-making through the public notice and comment process. This guidance is provided to help the public submit effective comments as part of that effort. The suggestions made in this document are not requirements. Illinois EPA continues to welcome all comments.
When commenting on a proposed permit, it is important to understand that the agency must issue the permit if the applicant complies with all applicable state laws and regulations. Comments are most effective when they point out specific issues or deficiencies in the application, rather than simply expressing opposition to having a pollution source in the community.
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Here are some ways to make an effective comment during a public comment period:
- Clearly identify the permit. Include the name of the facility or permit applicant your comment is about.
- Be Specific. Clearly explain your position. While stating support or opposition is helpful, it’s more effective to explain why you agree or disagree.
- Be Timely. Make sure to submit your comments before the deadline listed in the Illinois EPA public notice for the specific permit.
While all comments are welcome, here are some common mistakes when it comes to making an effective public comment:
The comment process in not a vote.
Comments not specific to the proposal.
Questions are not considered comments.
Misunderstanding of Illinois EPA regulatory authority.
How to Submit a Comment
To submit written comments during an open comment period, send them by mail or email to the contact identified in the public notice. Public comment periods are generally 30 days, though the duration may vary depending on regulatory requirements. Refer to the public notice for the specific comment period start and end date.
Public Comment Review
At the conclusion of a public comment period, Illinois EPA reviews and considers all comments received. Comments will be added to the record once a decision has been made and a response to comments document summarizing comments and Illinois EPA’s responses is developed.
Illinois EPA has certain limitations on what may be considered in Agency actions and decision-making processes based on statutory and regulatory authority. Illinois EPA permits, rulemakings, and other actions are based on the application of science and the law. Comments, both technical and non-technical, may help identify facts that may not have been considered in a draft permit, proposed Agency rulemaking, or other Agency action, and offer solutions to reach protective, reasonable regulation of the proposed activity. However, the Illinois EPA’s ability to act on certain comments may be limited based on applicable statutory or regulatory authority.
Remember that the Illinois EPA can’t consider issues outside of the agency’s legal authority (e.g. zoning, property values, traffic, noise or light.) Comments on past actions or decisions can’t be considered as part of the current proposal.
Public Hearing vs. Public Meeting
Public hearings and public meetings are key methods of public participation used by Illinois EPA. Meetings and hearings may occur in person or virtually, depending on the accessibility needs of participants and regulatory and statutory requirements. The degree of public interest set forth by statutes and regulations for Illinois EPA programs and activities helps guide whether a public hearing or meeting will be held. Although both meetings and hearings provide the public with an opportunity to engage in Agency actions and decision-making processes, there are distinctions between a public meeting and hearing. Because public hearing requirements are defined by applicable state and federal laws, the Agency follows those legal requirements in determining whether to hold a public hearing.
A public meeting or public hearing may be requested during the public comment period. Instructions for how to request a meeting or hearing will be included in the public notice. If a public hearing is scheduled, an additional hearing notice will be published, and the comment period will be extended. If a public hearing is held, comments may be submitted to Illinois EPA (1) in writing, via conventional mail, or email, and (2) orally at hearings.
| Requirements | Public Hearing | Public Meeting |
|---|---|---|
| Authority | Parameters defined by statute and regulation. |
In most cases, not defined by statute or regulation. |
| Basis for Holding | Request from the public, elected officials, or affected regulated entity, or at the Illinois EPA's discretion. | Often held at the request of the public, elected officials, or regulated entity. Illinois EPA may hold a public meeting ahead of a public hearing to prepare and educate community members regarding the subject matter of the public hearing. |
| Format | Set forth in relevant program regulations. Includes use of an Illinois EPA hearing officer. | Varies based on the specific issue. May be hosted or co-hosted by the Illinois EPA, units of local government, nongovernmental organizations, or a regulated entity. |
| Content | Information presentation and a discussion between the hearing panel and participants are limited to the specific Agency action at issue. | Open dialogue but may include an information presentation and structured discussion with attendees. As appropriate, will include a clear defined purpose and agenda for the meeting. |
| Transcription or Recording | A recording or transcription of the hearing is required. | Recording or transcription of the hearing is not required. |
| Public Comments | Oral and written testimony accepted at the hearing. A public comment period for submission of the written comments follows the hearing. |
In most cases, there is no formal public comment period. |
Responsiveness Summary
|
Illinois EPA provides a response to all comments received. | While responsiveness summary is not required, for Agency actions that have significant public interest, Illinois EPA staff will provide some form of follow-up to community leaders and organizations. |
Frequently Asked Questions
How can I find out when a comment period opens?
You can visit:
Illinois EPA “X” Public Notice Account @IlepaNotices
Some facilities have mailing lists. Please contact the individual identified in the public notice to obtain information regarding mailing list options for the facility you are interested in.
How can I submit comments?
To submit written comments during an open comment period, send them by mail or email to the contact identified in the public notice. If a public hearing is held, oral comments will also be accepted.
Oral and written comments are given the same consideration.
At a hearing, individual comment time may be limited. Oral comments can be followed up by written comments following the hearing. There is no limit to the length of a written comment.
What will Illinois EPA do with my comments?
Illinois EPA will consider all comments before making a final decision. Comments will be added to the record after a decision is made.
Will Illinois EPA respond to my comments?
Yes. Comments determined to be significant by the Illinois EPA will receive a response.
How can I request a public meeting or public hearing?
A request for a public hearing or meeting should be made in writing. Check the public notice for instructions or contact the contact person identified in the public notice.
How can I find out more about a facility?
Some permit documents may be made available on the Illinois EPA Public Notice webpage or other location listed in the public notice.
Additional information about the facility may be available on Illinois EPA’s Document Explorer or can requested through a Freedom of Information Act (FOIA) Request.
Who can I contact with questions about the permit?
Contact the Illinois EPA staff listed in the public notice.
What if I do not agree with the final decision?
Contact the Illinois EPA staff listed in the public notice. Appeal processes can vary based on the type of permit.