ILLINOIS POLLUTION CONTROL BOARD
    March 17, 1994
    IN THE MATTER OF:
    )
    Amendments to 35
    Ill. Adm.
    Code 302.302,
    302.208, 302.212
    )
    R94—1
    302.213,
    302.407, 304.122 and
    )
    (Rulemaking)
    304.301
    (Ammonia Nitrogen, Lead
    )
    and Mercury)
    )
    ORDER OF THE BOARD
    (by C.
    A. Manning,
    R.
    C.
    Flemal,
    E.
    Dunham)
    On February 24,
    1994, the Illinois Environmental Protection
    Agency
    (Agency) filed a regulatory proposal as part of its
    mandatory review of the applicable water quality standards of the
    State of Illinois pursuant to 33 U.S.C.
    SS
    1251—1387
    (1987).’
    The Agency filed the proposal pursuant to Section 27 of the
    Environmental Protection Act
    (Act)
    and the Board’s procedural
    rules at 35 Ill. Adm. Code
    §S
    102.120 and 102.121.
    (415 ILCS
    5/27
    (1992))
    The Agency
    is proposing to amend
    35 Ill. Adm. Code
    SS
    302.302,
    302.208, 302.212,
    302.407, 304.122 and 304.301 to
    update the ammonia nitrogen, mercury and lead general water
    quality standards, secondary contact and indigenous aquatic life
    standards and other applicable regulations.
    In addition, the
    Agency is proposing to add
    a new section 35 Ill. Adm. Code
    302.213 entitled “Effluent Modified Waters.”
    The Agency also
    filed a motion to waive the requirements of
    35 Ill. Adm. Code
    §102.120 of filing the original and nine copies of the regulatory
    proposal.
    The Agency requests that it be allowed to file with
    the Board the original, three
    (3) complete copies,
    and six
    (6)
    partial copies of the regulatory proposal.
    Section 28.2 of the Act and the Board’s procedural rules at
    35 Ill. Adm. Code S 102.121(e)
    require the Agency,
    if it believes
    a regulatory proposal is federally required, to certify to that
    fact.
    As the Agency states a “required rule”
    is a rule that is
    needed to fulfill the requirements of the Federal Clean Water
    Act.
    (415 ILCS 5/28.2
    (1992))
    The Agency certifies that the
    proposed rules amending the water quality standards for ammonia
    nitrogen,
    lead and mercury are federally required.
    The Agency
    also goes on to say that the rules proposed in this rulemaking to
    implement the ammonia nitrogen stal?dard through the National
    Pollutant Discharge Elimination System
    (NPDES)
    Permit Program are
    not federally required.
    The Agency had requested a confirmation
    letter from the USEPA verifying that the proposed rules amending
    The Federal Water Pollution Control Act commonly know as the Clean
    Water Act
    (CWA)
    SS
    101-607 requires the Agency to periodically, but
    at least
    every three years, review the water quality standards applicable
    in that
    State.
    The Agency refers to this
    as the “Triennial Review.”
    2
    the water quality standards for ammonia nitrogen, lead and
    mercury are federally required pursuant to the Clean Water Act,
    as amended but did not receive the letter prior to filing the
    proposal.
    The Board is required by Section 28.2 of the Act to accept
    or reject the Agency’s certification that the proposal is
    federally required within forty-five
    (45) days of the filing of
    the proposal.
    Based on the Agency’s certification that this
    rulemaking is only in part federally required and, for purposes
    of simplicity in moving on the rulemaking as a whole proceeding,
    the Board will reject proceeding on this proposal as being
    federally required.
    Nonetheless, the Board will make every
    effort to proceed to first notice of the proposed rulemaking in
    six
    (6) months as would be required pursuant to Section 282
    of
    the Act.2
    The Agency’s motion to waive the filing requirement is
    granted and the regulatory proposal is found to be sufficient
    pursuant to the Act and the Board’s procedural rules.
    The
    hearing officer assigned to this matter, Charles M. Feinen,
    is
    directed to set this matter for hearing at the earliest time in
    accordance with the above dates and 35 Ill.
    Adin.
    Code 102.162 and
    the hearing shall proceed expeditiously.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    /
    7~
    day of
    7Th
    ~-‘-~---~
    ,
    1994,
    by a vote of
    ~
    -
    ~
    ~,
    ~
    Dorothy M(jcunn, Clerk
    Illinois 1~ollutionControl Board
    2
    The differences between rulemakings pursuant to Section 28.2 of the
    Act and general rulemaking pursuant to Section 27 and 28 of the Act
    is that
    the Board must proceed to first notice within six
    (6) months from the date the
    Board determines whether an economic impact study
    is necessary.
    Since,
    effective July
    1,
    1992,
    the economic impact Btudies have been repealed by P.A.
    87—860 and are no longer required, the difference
    in whether we proceed under
    Section 27 and 28
    or 28.2
    of the Act
    is minimal.

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