ILLINOIS POLLUTION CONTROL BOARD

April

16,

1987

IN THE MATTER OF:

PROCEDURAL RULES

)

)

)

)

)

)

R82—27

R82—i6

Consol.

R83—37

ORDER OF TUE BOARD

(by 3. Theodore Meyer):

The Board hereby adopts the following amendments

to Title

35:

Environmental Protection; Subtitle A:

General Provisions;

Chapter

I:

Pollution Control Board; Part 102:

Regulatory and

other Noncontested Hearings and Proceedings.

However, the Clerk

is directed not

to submit these

rules for first notice

publication until such time as the remaining rules

in this

subtitle are similarly adopted.

Please note that no changes have

been approved for Subparts G,

I,

and 0 as these subparts are

currently in

first notice.

These subparts have been included,

however,

for convenience.

The rules as hereby amended

follow:

Section

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE A:

GENERAL PROVISIONS

CHAPTER

I:

POLLUTION CONTROL BOARD

PART 102

REGULATORY AND OTHER N~NAB B~~AP~VE

NONCONTESTED

HEARINGS AND PROCEEDINGS

SUBPART A:

GENERAL PROVISIONS

102

.

101

102.102

102.103

Applicability

Adoption of Substantive Regulations

Adoption of Procedural Rules

SUBPART

B:

PROPOSAL OF REGULATIONS

Section

102

.

120

102.121

102.122

102.123

102

.

124

102.125

102.126

Proposal of Substantive Regulations

Authorization of Hearing

Notice of Hearing

Proposal of

RCRA Amendments

Notice of Site—Specific

RCRA

Proposals

Proposal of Procedural Regulations

Authorization and Notice of Hearing

77-210

---

—2—

Section

102.140

Bteeevery Production of Evidence

SUBPART D:

UEARINGS

Authority of Hearing Officer

Examination

of Witnesses

Prior Submissions

Written S~~en~

Comments

Record

Hearings on the Economic Impact Study of New Proposals

Hearings on the Economic Impact Study of Existing

Re.~ulations

Section

102.200

102.201

102. 202

Section

102.220

102.221

102.222

102.223

102.260

102.261

102. 262

102.263

102.264

Revision of Proposed Regulations

Notice of A~ep~edRe

~erte Board

Final Action

Adoption of RCRA Amendments

SUBPART G:

PROPOSAL OF SITE—SPECIFIC ROLES

AND RULES NOT OF GENERAL APPLICABILITY

Proposal of Regulations Not of

General Applicability

Contents of Proposal

Dismissal for Inadequacy

Conduct of Proceeding

SUBPART

I:

SITE—SPECIFIC PROPOSALS PERTAINING TO

SUBTITLE

C: WATER POLLUTION

Description of Facility

Description

of Affected Area

Assessment of Environmental Impact

Consistency with Federal Law

Evaluation of Control Options

SUBPART C:

B~S~8YER~

PRODUCTION OF EVIDENCE

Section

102.160

102.161

102.162

102

.

163

102.164

Section

102.180

102.181

SUBPART

E:

ECONOMIC IMPACT HEARINGS

SUBPART

F:

HOARD ACTION

77-211

---

—3—

SUBPART 0:

OTHER PROCEEDINGS

Section

102.400

Other

Proceedings

APPENDIX

Old Rule Numbers Referenced

(Repealed)

AUTHORITY:

implementing Sections

5,

22.4(a),

27 and

28 of the

Environmental Protection Act

(Ill. Rev.

Stat.

1985,

ch.

11~/~,

pars.

1005, 1024.4(a),

1027 and 1028)

and Section

4

of

“An Act in

relation to natural

resources, research, data collection and

environmental studies”

(Ill.

Rev.

Stat. l98~,ch.

961-h_,

par.

7404)

and authorized by Section 26 of the Environmental Protection Act

(Ill.

Rev.

Stat.

1985,

ch.

1l1I./2, par.

1026).

SOURCE:

Originally adopted as Chapter

1:

Procedural Rules,

Part

II:

Regulatory and Other Nonadjudicative Hearings and

Proceedings,

in R70—4,

1 PCB

43, October

8,

1970;

codified at 6

Ill. Reg.

8357;

amended

in R84—10

at

9 Ill.

Reg.

1398, effective

January

16,

1985;

amended

in R82—27, R82—36 and R83—37

at

Ill. Reg.

_______________,

effective

____________________

TITLE 35:

ENVIRONMENTAL PROTECTION

SUBTITLE

A:

GENERAL

PROVISIONS

CHAPTER

I:

POLLUTION CONTROL BOARD

PART

102

REGULATORY AND OTUER N~NABB~~AP~VE

NONCONTESTED HEARINGS AND PROCEEDINGS

SUBPART A:

GENERAL PROVISIONS

Section 102.101

Applicability

This Part shall

apply to all regulatory and other

~enaud~ee~4ve

noncontested

case hearings and

proceedings p~eeeduree.

Uearings conducted pursuant

to

this Part

shall

be deemed 4r~the r~e~ureef conducted

similarly

to legislative hearings~, except that all

testimony shall

be sworn,

and all affected persons

taking part shall be considered participants,

rather

than parties as

in contested cases.

~3rr3~eee

the eert~re~y

4s e~e~r~y

tr~dteeted7e~ referei~eee~e ~

~

~See~en&~

~re te

~rte~ehdm~e~r~t4,e

?edey P~He

3S~

EnvtrenMer~ta~ Pretee~er~T

~or

exei~p~e7~Per~ ~99fl

35

A~-~?ede

399y

e~d ~See~4em

9~93~ 4e

35

~

Aam7

e~e

99~9~

(Source:

Amended

at

Ill.

Reg.

_________,

effective

_________

77-212

---

—4—

Section 102.102

Adoption of Substantive Regulations

a)

No substantive regulation shall be adopted,

amended or

repealed by the Board until after

a public hearing,

in

the case of site—specific rules or rules not of general

applicability,

a public hearing shall

be held within the

area of the state

eenee~r~edaffected

and

in the case of

state—wide regulations, t~n~4&

public hearings e~reF~e~

shall be held

in at least two areas

of the state,

b)

In adopting any such new regulation, the Board shall

consider those elements detailed

in the DENR’s economic

impact study of such regulation and the Board

shall,

in

its written opinion, make a determination, based upon

the economic impact study and other evidence

in the

public

hearing

record,

as

to

whether

the

proposed

regulation nas any adverse economic

impact

on

the

people

of

the

State

of

Illinois.

Wher~

the Beers

r~ã~

~I’te~

e

~eve~e P~H4e1~e~thevt~e~ger~ey

te

t~we~ed

~t’~

~e~t~er~

e~y prcpesed

re~~et4ert~the

Bee~d ~y

p~e’~~e

thet

et~th~e~~4en

~

tthe effeet w~the~tde~ye~d

~er~et~t

the

Beerd te proceed w~ththe req~redeeenent~e

~eet

~eer~n~e wh~e the regu~et~emeent~n~ee~n

effeet~

c)

When the Board

finds that a situation exists which

reasonably

constitutes

a

threat

to the public

interest,

safety or welfare

in relation

to any proposed

regulation,

the Board may provide that such regulation

shall take effect without delay and may proceed with any

requir~edhearings while

the regulation continues in

effect.

(Source:

Amended

at

Ill. Reg.

_________,

effective

_________

Section 102.103

Adoption of Procedural Rules

Unless

a hearing

is requested pursuant

to Section 5.01

of the

Illinois Administrative Procedure Act

(Ill.

Rev.

Stat.

1985,

ch.

127, par.

1005.01) procedural rules may be adopted,

azriendeo or

repealed by the Board without hearing, pursuant to Section

2b of

the

Act.

(Source:

Added

at

Ill. Reg.

________,

effective

__________)

SUBPART B:

PROPOSAL OF REGULATIONS

Section 102.120

Proposal

of Substantive Regulations

77-213

---

Any person may submit

a regulatory proposal for the adoption,

amendment,

or

repeal of

a substantive regulation.

Ten (10)

copies of each proposal shall

be filed with the Clerk and one

copy each with the Attorney General,

the Agency and DENR.

Each

proposal shall include:

a)

The language of the proposed

regulation or amendment

including

a specification of

the existing regulatory

language proposed to be amended or deleted

and

b)

A statement of the reasons supporting

the proposal

including

a short and plain statement of

facts known

to

the proponent which support the proposal,

and a short

and plain statement of the purpose and effect of

the

proposal.

The applicable factors as listed in Section

27

of the En

renmente~Preteet~onAct ~Aet+ shall

be

discussed

in regard

to the proposal.

Where

the proposal

covers more than one substantive point,

the supporting

statement shall include statements

in support of each

point.

(Source:

Amended at

Ill.

Reg.

_________,

effective

_________)

Section 102.121

Authorization of Hearing

a)

~f the prepeee~~e mode ~y the Agerteyv the ~net4tute7 or

a Beard Memher7 or ~f tt ~e eceempan~ed~y a pet4t~on

e~gned~y at ~eest ~89 pereene with home eddrese

e~ee~f~ed7

tThe

Clerk

shall

assign a docket number to

the

aj~y

proposal

and

distribute copies to each Board

Member.

~f

the

propeee~

4e

net

mode

by

the

Agency

or

the

~net4thte

the

ehe~rman sho~

p~aee the

matter

on

the

agenda

for

Beard

dee~e4en whether

or

not

to

a~thor~e

a

heer~ng~

Phe

Board

eha~

at~ther~e a

hearing

t~n~eeett

determ4nee that the preposo~4o If the Board finds that

any

such

proposal

is

not

plainly

devoid

of

merit,

or

does

not

deale

with

a

subject

on

which

a

hearing

has

been

held

within

the preceaing

6

months

and

or

is net

accompanied

by an adequate statement of supporting

reasons and

a petition signed

by at least

20Ci persons,

the Board

shall schedule

a public hearing for

consideration

of the proposal.

If

a proposal

is made by

the Agency or DNS

or DENR,

the Board

shall schedule a

public hearing without regard

to the above conditions.

The Board

may,

in its discretion, schedule

a public

hearing upon any proposal without regard

to the above

conditions.

If the Board

rules against

a hearing,

it

shall enter

an order

setting forth its reasons for so

ordering and shall notify the proponent of its

decision.

The Board may heid a heer~mgon any prepoee~

that does net meet the re~u~rementsof this eeet~onT

77-214

---

b)

If the proposal

is made by the Agency the ~nst~thte or

DENR

or a Beard Member,

or

if

the Board authorizes

a

hearing,

the Chairman shall designate an attending Board

Member. end shaH net4fy the proponent of e~eh

des~gnot4en-~

A

member

of

the

Board

may

serve

as

hearing

Officer

if otherwise qualified, and such hearing need

not be attended by another member of the Board.

C)

In

the

case

of

a

proposed regulatory change under

the

provisions

of

35

Ill. Adm. Code 302.211(j)

or

304.141(c),

the

requirement

of

Section

102.121(a)

relating

to

a

requirement

of

200

signatures

shall

not

apply;

in

such case only a single hearing shall

be

required,

to

be

held

in

the area

to be affected.

d~

The

?~erh

shaH

forward

a

copy

of

aH

proposed

regt~ot~ene auther~zed

for

heer4ng

to

the

~nst4t~te

and7

~f

net

proposed

by

the

Ageney~ a

copy

to

the

Agertey~-

e)

The

Board

may

consolidate

two

or

more proposals for the

purpose

of hearings and or decision.

(Source:

Amended at 11 Ill. Reg.

_______,

effective

____________)

Section 102.122

Notice of Hearing

a)

The Hearing Officer,

after appropriate consultation with

the

proponent,

shall

set

a

time

and

place

for hearing

which

shall

be

within

a reasonable time after the date

on

which

the proposal was received

by

the

Clerk.

The

Clerk

shall

give notice

at

‘east

~29 days

prior

to of the

date

of

the

hearing

as

follows:

1)

At

least

30

days

prior

to

the hearing date,

to

the

proponent,

by

mail;

2)

To all persons on the Board’s mailing list through

notice

in the Board’s Environmental Register or by

spec4a~ma4Hng;

and

3)

At

least

30

days

prior

to the hearing date, B~y

public

advertisement

in

a newspaper of general

circulation

in

the

area

of

the state affected~.

b)

At

least

20 days prior to the hearing date, the hearing

officer

shall

give

notice

by mail

to all persons who

have submitted their nai~es and addresses

to the Clerk

concerning

the proposal.

77-215

---

—7—

cb)

The Board

shall make available to any person copies of

proposed regulations and supporting statements at the

time the hearing date

is announced.

de)

Hearings which are continued on the hearing record

for

a

period of less than 45 days do not require notice that

complies with subsection

(a).

(Source:

Amended

at

Ill. Reg.

_______,

effective

___________)

Section 102.123

Proposal of RCRA Amendments

a)

As used

in this Part,

“RCRA

rules”

shall

mean

35

Ill.

Adm. Code 703,

720,

721,

722,

723,

724 and 725.

b)

Any proposal

to amend

the RCRA rules

shall:

1)

Indicate whether

it

is made pursuant to the

provisions of Section

2.4(a),

22.4(b)

or 22.4(c)

of the Act;

2)

Include

a listing

of all amendments

to

the

corresponding Federal regulations since the last

amendment

of

the

Board’s

RCRA

rules;

3)

Include

a

certificate

of

service

indicating that a

copy

of

the

proposal

has

been

served

on

the

united

States

Environmental

Protection

Agency.

Service

shall

be

made

at

the

following address:

Director,

Waste

Management

Division

USEPA,

Region

V

230

South

Dearborn

Street

Chicago,

Illinois

60604

Section

102.124

Notice of Site—Specific RCRA Proposals

a)

Public

notice

of

hearings

on

site—specific

RCRA

proposals shall be given at least 30 days before the

date

of the hearing.

b)

In addition to the requirements of Section 28 of

the Act

and Section 102.122,

the Board, at a minimum, will give

notice

of hearings on

a site—specific RCRA proposal to

the following persons:

1)

Federal

agencies as designated by the United States

Environmental Protection Agency;

2)

Illinois Department of Transportation;

77-216

---

—8—

3)

Illinois Department of Conservation;

4)

Illinois Department of Energy and Natural Resources

5)

Illinois Department of Public Health;

6)

The Governor of any other

State adjacent

to the

County

in which

the facility

is located;

7)

Elected officials of any counties,

in other states,

adjacent to the county

in which the facility is

located, and elected officials in any municipality,

in another state,

if

it

is the closest population

center

to the facility.

c)

In addition

to the methods of notice by publication of

Section 28

of the Act and Section 102.122,

the Board

will give notice by broadcast over at least one radio

station

in

the area

of the facility containing

the

information required by paragraphs (d)(2)

and (d)(4)

through

(d)(8).

d)

A hearing notice on

a site—specific RCRA

proposal

will

include the following

information:

1)

The address

of the Board office;

2)

Name and address of the proponent and,

if

different,

of the facility for which the site—

specific rule

is sought;

3)

A brief description of the business conducted at

the facility and the activity described in the

petition;

4)

A description of the relief requested in the

petition;

5)

Name,

address and telephone number of the Clerk of

the Board,

from whom interested persons may obtain

further

information, including copies of

the

proposal; and

6)

The name,

address and telephone number

of the

Agency’s representative

in the rulemaking;

7)

A description of any written comment period

or

a

statement that a comment period will

be established

in the future;

77-217

---

—~—

8)

A statement that the

record

in the rulemaking

is

available at the Board office for inspection,

except those portions which are claimed or

determined

to be trade secrets, and that procedures

are available whereby disclosure may be sought by

the public pursuant to 35 Ill. Adm. Code 120.

9)

A statement that site—specific rules may be adopted

pursuant to Ill.

Rev. Stat.

1985,

ch.

1111.12, pars.

1027 et

seq.

and 35 Ill. Adm. Code 102,

and

a

reference to the Board regulations sought to be

modified.

10)

Any additional information considered necessary or

proper.

Section

102.125

Proposal

of

Procedural

Regulations

~y

person

ma~ submit

a

proposal

for

adoption,

amendment

or

repeal

of

a

procedural

rule.

Ten

(10)

copies

of

each

proposal

shall

be

filed

with

the

Clerk,

and

one copy each with the

Attorney

General,

the

i~gency and

DENR,

and

shall

include the

information

specified

in

Section

102.120

to

the

extent

applicable.

(Source:

Added

at

ill.

Reg.

_________,

effective

___________)

Section

102.126

Authorization

and

Notice

of

Hearing

a)

Upon

filing,

the procedural regulatory proposal shall be

docketed

and

distributed

by

the Clerk and placed on the

Board

agenda

pursuant

to

Section

102.121.

The

Board

may

authorize one or more hearings at its discretion.

b)

Designation

of an attending Board member and notice of

any

hearing

authorized

pursuant

to

subsection

(a)

shall

be

in

accordance

with

Sections

102.121(b)

and

102.122.

(Source:

Added

at

Ill.

Reg.

_________,

effective

___________

SUBPART C:

B~S?~VER~PRODUCTION OF EVIDENCE

Section 102.140

B~seevery Production of Evidence

a)

The board or

the Hearing Officer on benaif of the Board

may issue subpoenas for attendance of a witness at a

hearing under this Part.

Subpoenas may include

a

command

to produce books,

papers, documents,

or tangible

things designated therein and reasonably necessary to

77-218

---

—10—

resolution

of

the

matter

under consideration.

Subpoenas

shall conform to the requirements of Section 103.163(b)

and

(ci.

b)

The Hearing Officer may at any time on his own motion,

or on motion of

any participant,

or at the direction of

the 3oard,

order

the production of evidence which

is

reasonably necessary to resolution

of the matter under

consideration.

As justice requires, the Hearing Officer

shall deny,

limit, condition or

regulate the production

of evidence

to prevent unreasonable delay, expense,

harassment,

or oppression or

to protect materials from

disclosure consistent with the provisions of Section

7

and 7.1

of the Act and 35

Ill.

Adm. Code

l2u.

(Source:

Amended

at

Ill.

Reg.

________,

effective

)

SUBPART D:

HEARINGS

Section 102.160

Authority of Hearing Officer

The Hearing Officer

shall have the duty to conduct a fair hearing,

to take all necessary action

to avoid delay, to maintain order, and

to ensure development

of

a

clear and complete record.

He shall hay

all powers necessary to these ends including

(but not limited

to)

the authority to:

a)

Require and establish

a schedule for,

and notice and

distri’bution of, any prior

submission of expert testimony

and written exhibits before hear~rtgand rebuttal testimony

and exhibits

b)

Require all parties participants

to state

their position

with respect to the proposal;

c)

Aeminister oaths and affirmations;

d)

Examine witnesses and direct witnesses to testify;

e)

Regulate the course of the hearing;

f)

Establish reasonable limits on the frequency and duration

of the testimony of any witness and limit repetitious or

cumulative testimony;

and

g)

Issue, Wwhen

so directed by the Board,

to 4se~ean order

requiring the answering of interrogatories

in the name of

the Board

or

order

the production of evidence as specified

in 102.140(b).

77-219

---

—11—

(Source:

Amended

at

Ill.

Reg.

________,

effective

_________)

Section 102.161

Examination of Witnesses

a)

Reasonable Bexainination of witnesses by any member

of

the Board,

by Board

staff, by the Hearing Officer, by

the proponent, of the regu~et5onsunder eens4derat~on~

by representet~vesof

the

Ageney~by the ~nst~t~te7 ~

the Agency,

by DENR,

by DNS,

or by the Attorney General

or

by any other person shall

be permitted. Reeseneb~e

e~em~net4en

by any ether person shaH be permitted by

the Heer~ngeff±eer~Repetitious examination may be

limited

by

the

Hearing

Officer.

b)

All witnesses at hearings shall

be sworn.

(Source:

Amended

at

Ill.

Reg.

________,

effective

_________

Section 102.162

Prior Submissions

When prior submission of written testimony

is required or

tendered,

10 copies shall

be filed with the Clerk, and one copy

each with the Agency and,

if participants, with DNS,

the Attorney

General, and DENR.

Rebuttai~test~menyand exhth4ts may e’se be

teridere~4n writ4ng7 not ‘ater than 3~4days after the hearing en

the d~reettest4meny end e~ch~b~ts7

One copy shall also be filed

with each participant unless otherwise specified

or limited by

the Hearing Officer or the Board.

Notice of requirement for

prior submission of written testimony and exhibits shall

be given

to

all persons re~t,iredto be net4f~edby Sect~on~9~-H~

participants not later than 21 days prior

to the date that the

testimony

is

to

be

given.

(Source:

Amended

at

______

Ill.

Reg.

_________,

effective

)

Section 102.163

Written S~bm~ss~ons

Comments

Any person may make

a

written

subm4se~oncomments on any proposal

within

14

days

of the close of the hearing

or within 14 days

after regulation revision under Section 102.200 by filing

it with

the Clerk and the part~4es, participants unless otherwise

specified or limited by the Hearing Officer

or the Board.

The

record wtH rema~nopen for statements for ~4 days foHew~ngthe

e~eseof the hear~ing7~n~ese the Heer~ng

eff~eer

or Board d~reets

etherw~se~

(Source:

Amended at

_____

Ill.

Reg. _________,effective

)

77-220

---

Section 102.164

Record

All testimony shall

be

recorded stenographically.

When the

transcript is filed with the Clerk,

the Hearing Officer shall

receive and rule on corrections from any person who may examine

the transcript

for accuracy.

Failure of any witness to correct

the transcript within 14 days after

its receipt

in Board offices

shall constitute a waiver of any right to correct,

unless undue

prejudice results.

The transcript as so approved,

all written

testimony,

all exhibits offered

in connection with the hearing,

and all written subrnthsthns comments filed with the Clerk under

Sections 102.163 and 102.200 before or after the close of the

hearing shall

constitute

the record.

The

e3erk

shaH

eert~fy

the

record to the Beard when ~t ~s eomp~ete~

(Source:

Amended at

Ill.

Reg.

_________,

effective

_________)

SUBPARI

E:

ECONOMIC

IMPACT

HEARINGS

Section

102.180

Hearings

on

the Economic Impact Study of

New

Proposals

a)

Except

as

otherwise

provided

in

Ill.

Rev.

Stat.

1985,

ch.

9&~h, par.

7404(d)

or

the

Act,

Pthe

Board,

before

the

final adoption of

any proposed regulations,

or amendment

to

existing

regulations,

shall

conduct

hearings

on

the

economic

impact

study

submitted

by

DENR

on

such

proposals.

b)

The provisions of this Part shall govern all hearings

held pursuant to this section.

c)

Hearings

held

pursuant

to

this

section

may

be

consolidated with any other hearings held pursuant to

this Part.

d)

in

order

to

implement

the

provisions

of

Ill.

Rev. Stat.

1985,

ch.

~

par.

7404(d),

the

Board

shall determine

when

to notify

the Director

of DENR

of

its decision to

accept

a

regulatory

proposal

for

hearings.

If

DENR,

in

concurrence with

trie Economic and Technical Advisory

Committee,

has submitteu

a

finding that

an economic

in~pactstudy

is not necessary,

the Clerk shall place

the

submittal

in the record.

The Board snall publish

such

finding

in the Environmental Register.

(Source:

Amended at

Ill. Reg.

_______,

effective

)

Section 102.181

Hearings on the Economic Impact Study of

Existing Regulations

77-221

---

—3. J_

a)

Within

a

reasonable

time,

but not longer than 120 days,

after each economic impact study has been filed, the

Board

shall

conduct public hearings thro~ghetitthe State

on such study.

b)

The provisions of this Part shall govern all hearings

held pursuant to this section.

c)

Upon conclusion of the hearings, the Board shall publish

its findings and conclusions on the areas covered by the

study

and

the

testimony

received

by

the

Board.

d)

The Board shall also specifically determine whether,

as

a result of its findings and conclusions, any

regulations

of

the

Board

shall

be modified or

eliminated.

e)

If the Board concludes that modification

or elimination

may

be

necessary,

it

shall

propose

such

modificationas

regulations and conduct further hearings on said

modification.

f)

Any such proposed modifications shall not require any

additional economic

impact study.

(Source:

Amended

at

Ill.

Reg.

______,

effective

___________

SUBPART

F:

BOARD

ACTION

Section 102.200

Revision of Proposed Regulations

a)

After

a rulemaking hearing, the Board may revise the

proposed

regulations

before

adoption

in response

to

suggestions

made

at

the

hearing

and

written

s~bm4ss~ons

comments

reee4ved

s~bseguent

thereto7

without

conducting

a further hearing

on the revisions.

The Board shaH

spee4fy the pert~onsof the fina’ form of the

reg~et~enethat differ from the propose~en wh~ehthe

hear~rtgwas he~d7shaH

send

e~eh

statement of re~~s~ens

to

persons

heard

en

the

or~g4ne~proposa~7

and

shaH

gtve not~eeto aH persons on the

Board~e me~Hng Het

that stteh a statement .~seva

ab3e~ Any person may mahe

a wr4tten s~bm~ssionconeern~ngany rev4sten by ftHng

~t with the

e~erk

w~thth~4 days after such not4ce7

Phe

Beard7 ~n ~ts d~seret~onand ~n response to the wr~tten

comments submHted en the proposed fi~na~draft7 may make

further rev~s~onon the proposed regu4at~onT Such fthai

regu~et4on

may

be

adopted

without

further

hearing

or

pubHeatthn th the Environmenta’ Reg4ster7

77-222

---

b)

The Board may modify and subsequently adopt any proposed

regulations, or amendments

to existing regulations

without any additional

economic impact study; provided

that such modification by the Board does not

significantly alter

the

intent and purpose

of the

proposed regulation which was the subject of the

economic impact study.

(Source:

Amended

at

Ill.

Reg.

_______,

effective

___________)

Section 102.201

Notice of Adopted Regu~at4onsBoard

Final Action

Any person heard on the or~g~naipropesa~ywho has requested

notice

and who has submitted his or her name and address

to the

Clerk concerning

the proposal or te on the Board.Ls ma4Hng Hst7

shall be given notice of the Board’s final action.

Notice of the

Board’s

final

action

shall

also

be

published

in

the

Environmental

Register.

The

e~erk shaH

fHe

an

aff4dav~t

of

eempHanee

wHh

th4s

secHon~

The

Board

shall

publish

a

written

opinion

stating

its

reasons

supporting

the

regu~at~onsas adopted final action

taken.

(Source:

Amended at

______

Ill.

Reg.

_______,

effective

____________)

SUBPART

G:

PROPOSAL OF SiTE—SPECIFIC RULES

AND RULES NOT OF GENERAL APPLICABILITY

Section 102.220

Proposal

of Regulation Not

of General Applicability

Any person or group of persons may submit a written proposal for

the adoption, amendment or repeal

of a substantive regulation not

of general applicability as

it applies

to a specific site or

sites, geographical location, activity or common issue.

Ten

(10)

copies of each proposal shall

be filed with the Clerk and one

copy each with the Agency and DENR.

(Source:

Former Section 102.220 renumbered

to new Section 102.400;

new Section 102.220 adopted

at

______

Ill.

Reg.

________

effective

___________________)

Section 102.221

Contents of Proposal

a)

The

proposal

shall

identify

the

regulations which are

to

bi

addressed by the proposed amendment and

the language

to be

added, deleted or repealed.

b)

Except

as otherwise provided

in the Act, the proposal

shal:

include

a statement of the reasons and facts supporting th~

77-223

---

—15—

proposal and the purpose and effect of the proposal

as

provided

in this Subpart.

The minimum information requir’

by

this Subpart

shall be addressed

in the proposal.

C)

In the event that the proposed rule would displace the

applicability of

a general

rule to the pollution source,

the proposal shall include a statement with supporting

documentation

as

to

why

the

general

rule

is

not

technical:

feasible or economically reasonable

for the particular

pollution source.

Such documentation may include relevan’

information on other similar pollution sources’ ability t~

comply

with

the

general

rule.

d)

Where special circumstances may

render any information

requested

in

this

Subpart

inapplicable,

for

reasons

of

expense of data collection

in relation

to the relevancy

0:

the data

or other

similar reasons,

the petitioner shall

include

a

justification

for such inapplicability.

(Source:

Added

at

Ill.

Reg.

_________,

effective

_________)

Section 102.222

Dismissal for Inadequacy

Failure of the petitioner

to satisfy the information requirements

for petitions under

this Subpart or

failure to

respond to Board

requests for additional information shall render

a petition

subject

to dismissal

for inadequacy.

(Source:

Added at

Ill. Reg.

_________,

effective

__________)

Section 102.223

Conduct of Proceeding

a)

If the Board finds that a proposal

is supported by an

adequate

statement

of

reasons,

is

accompanied

by

a

petition

signed

by

at

least

200

persons,

is

not

plainly

devoid of merit,

and does not deal with a specific

subject

on

which

a

hearing

has

been

held

within

the

preceding 6 months,

the Board

shall schedule

a public

hearing

for

consideration

of

the

proposal.

The

Board

may also

in its discretion schedule a public hearing

upon any proposal without regard

to the above

conditions.

b)

No decision shall

be made on the merits of a proposal

until

after a public hearing within the area of the

State

concerned.

In

the

case

of

non

site—specific

regulations,

hearings

shall

be

held

in

at

least

two

areas

of

the

state.

77-224

---

—16—

c)

The

burden

of

persuasion

shall

be

upon

the

record.

The

Board may adopt the proposal

in its discretion in

accordance with Section 27

of the Act.

Adoption or

revision of the proposal shall

be

in accordance with

Subpart

F.

d)

The Board may consolidate two or more proposals for the

purposes of hearing and decision.

e)

if a hearing

is authorized

by the Board,

the Chairman

shall designate an attending Board member.

The Board

member may serve

as Hearing Officer

if also otherwise

qualified.

f)

Hearings

shall

be

scheduled

in

accordance

with

Section

102.122.

Hearings shall be conducted

in accordance with

Subpart D.

(Source:

Added

at

Ill.

Reg.

________,

effective

_________)

SUBPART

I:

SITE—SPECIFIC

PROPOSALS

PERTAINING

TO

SUBTITLE

C:

WATER

POLLUTION

Section

102.260

Description

of

Facility

All proposals shall describe the facility for which

the change

is

sought including:

a)

The

location,

either

by

street

or

county

road,

or

by

legal description and a map adequate

to identify the

facility’s

location

and

other

nearby relevant physical

features;

b)

The

activity

performed

at

the

facility

and

processes

and

materials used;

c)

The waste material produced

or discharged including

quantity,

in terms of volume or flow rate,

and content,

in terms of concentration or mass

load,

of pertinent

physical, thermal, chemical, biological,

bacterial, and

radioactive properties; and

d)

The type of treatment or control and the components of

the treatment system or control equipment currently

employed or proposed.

(Source:

Added

at

Ill.

Reg.

________,

effective

________)

Section 102.261

Description

of Affected Area

77-225

---

—17—

All

proposals

shall

describe:

a)

The extent of the receiving waters affected by the

proposal;

b)

The present and anticipated

future public and private

uses of and access

to the affected waters;

c)

The nature of the surrounding land uses,

zoning

and

population characteristics;

and

d)

The other facilities that might benefit from or be

adversely affected by the proposal within the affected

area.

(Source:

Added

at

Ill.

Reg.

_________,

effective

__________)

Section

102.262

Assessment

of

Environmental

Impact

a)

All

proposals

shall

describe:

1)

The aquatic uses currently being achieved

in the

affected

waters;

2)

The causes

of any

impairment

in the aquatic uses;

and

3)

The aquatic uses which might be attained based

on th?

physical,

chemical

and

biological

characteristics

of

the

affected

waters.

b)

All proposals shall describe the condition of and the

environmental impact upon the affected waters under

current

operations

with

respect

to:

1)

The attainment of and compliance with presently

applicable

water quality standards;

2)

The ability

to support currently designated uses as

contained

in

Subtitle

C,

35

Ill.

Adm.

Code

303;

and

3)

The ability to support any higher level uses other

than

currently

designated

in

Subtitle

C,

35

Ill.

Adm.

Code

303.

c)

All proposals shall describe the condition of and the

environmental impact upon the affected waters

if the

proposal

were

adopted

with

respect

to:

1)

The attainment of and compliance with presently

applicable

water

quality

standards;

77-226

---

—18—

2)

The ability to support currently designated uses as

contained

in Subtitle C,

35 Ill. Adm. Code 303;

and

3)

The ability

to support any higher

level uses other

than currently designated

in Subtitle C,

35 Ill.

Adm.

Code

303.

(Source:

Added at

Ill. Reg.

________,

effective

________)

Section 102.263

Consistency with Federal Law

a)

All proposals shall

indicate whether

relief can be

granted

consistent

with

the

Clean

Water

Act

(33

U.S.C.

1251

et

seq.),

U.S.E.P.A.

water

quality

guidelines

and

standards, any other federal regulation or any

wastewater

treatment

management

plan

certified

and

approved

pursuant

to Section 208 of

the Clean hater Act.

b)

Any proposal requesting relief from a specific water

quality standard contained

in Subtitle

C,

35 Ill. Adm.

Code 302,

use designation contained

in Subtitle C, 35

Ill. Adm. Code 303

or Section 304.105,

or necessitating

relief

or relaxation of any such rule in order

to

realize the benefit

intended by the proposal shall

include

a

statement

of

the proposal’s consistency with

U.S.E.P.A.

water

quality

standards

and

use

designation

criteria

as contained

in 40 CFR 131.

Such statement

shall

include

an

identification

of

the

pertinent

technical evaluations relative to use attainability,

comprehensive

pollutant source control strategies,

and

the

social

and

economic

implications

consistent

with

the

intent

of

40

C.F.R.

131

and

the

technical

criterial

promulgated

thereunder.

(Source:

Added

at

Ill.

Reg.

________,

effective

_________)

Section

102.264

Evaluation

of

Control

Options

All

proposals

shall

describe

the

treatment

or control options

including costs and efficiencies, as

to:

a)

The present levels of control;

b)

The past efforts to obtain compliance with applicable

regulations;

and

C)

Any available

or proposed control options including

the

elimination of

the source.

(Source:

Added

at

Ill.

Reg.

_________,

effective

__________

77-227

---

—19—

SUBPART

0:

OTHER

PROCEEDINGS

Section 102.400

Other Proceedings

The Board may conduct such other nonadjudicative or informational

hearings as may be necessary

to accomplish the purposes of the

Act.

Such other hearings shall

be conducted according

to these

rules

to the extent applicable.

(Source:

Renumbered from Section 102.220

at

Ill.

Reg.

_______,

effective

_________________)

APPENDIX

A

(Repealed)

OLD RULE NUMBERS REFERENCED

The foHow~ngteb~e

~s

prev~ded

to

a~d ‘4n

referenc4n~o~dBoard

ru3e numbers to sect~onnumbers pursuant to eod~fieat~on7

ehapter H

Proeedura~

35 ~H

Adm~Cede

Parts ~

Part ~H

ReguHtory and other

Pert 39~i~Regu~ateryend

Non—ad

&ieat~vehear-

other Non—

‘~ngsend Preceed~ngs

ad~ud~eat’~ve

hearth~sand

Preceedthgs

Ru~e~3

Seet4on

~

RuH ~

&eet~on~

Ru’e ~93

Seet’~on~9~T~O

Ru~e~94

Seet~en~

Ru’e ~C5

Seet~on~G~H2

Ru’e ~96

Seet’~on~9~~6&

Ru’e ~C7

Sect~en39~~49

Ru~e ~98

Sect4~on ~

Ru~e~69

Seet4on ~

Ru’e ~36

Seet4~on~92~63

Seet~on~9~364

Ru~e~

&eet4en ~9~T~6O

Ru’e ~3

Seet4en ~9~~9i

Ru’e

~

Seetthn

~

~u~e ~S

Seet~on

~

Ru’e ~6

Seet~on~6~4~O

(Source:

Repealed at 11

Ill.

Reg.

______,

effective

IT

IS

SO

ORDERED.

77-228

---

—20—

Board Member

B.

Forcade dissented.

I,

Dorothy

M. Gunn, Clerk of the Illinois Pollution Control

Board, )~erebycertify

at t1~eabove Order was adopted on

the /&~day

of

_______________,

1987, by a vote of

_______

Dorothy M.

an, Clerk

Illinois Pollution Control Board

77-229