ILLINOIS POLLUTION CONTROL BOARD
    June
    21,
    1990
    IN THE
    MATTER OF:
    )
    SAFE DRINKING WATER ACT
    )
    R88-26
    REGULATIONS
    )
    (Rulemaking)
    ORDER OF THE BOARD (by
    J. Anderson):
    Section 17.5
    of the Environmental Protection Act
    (Act)
    requires the Board to adopt regulations which are “identical
    in
    substance” with USEPA public water supply rules adopted pursuant
    to the federal Safe Drinking water Act
    (SDWA).
    The
    term
    “identical
    in substance”
    has recently been defined
    in Section 7.2
    of the Act.
    Section 7.2(b)
    of the Act requires the Board to
    adopt
    a rule within one year of adoption of
    the federal rule.
    Unless
    the Board extends the time based on
    a finding that
    the
    time is insufficient and stating the reasons for delay.
    On
    August
    31,
    1989,
    the Board first entered an Order extending
    the
    time.
    The Board estimated that the rules would be adopted during
    December,
    1989.
    However,
    the Illinois Environmental Protection
    Agency (Agency) requested an extension of
    the public comment
    period.
    The Board granted the extension,
    and,
    on January
    11,
    1990, entered a second extension of
    time Order.
    On May 24,
    1990,
    the Board entered a final Opinion and
    Order, which provided
    a post—adoption comment period until June
    22,
    1990.
    On June
    6,
    1990,
    the Agency requested an extended
    post—adoption comment period, until July
    23,
    1990.
    On June
    7,
    1990,
    the Board entered an Order
    extending the post—adoption
    comment period through July
    17, 1990.
    Many of
    the USEPA rules
    involved date back
    to December
    24,
    1975,
    long before
    the mandates of Sections 7.2 and
    17.5 of
    the
    Act.
    It
    is impossible
    to literally comply with the
    time
    requirements with respect
    to initial adoption of
    an already
    ongoing federal program.
    As noted
    in the August
    31,
    1989,
    Order,
    the USEPA SDWA rules
    are
    in
    40 CFR 141 et.
    seq.
    These have been the subject
    of
    numerous recent amendments,
    involving
    two
    major amendments on
    June
    29, 1989
    (54 Fed. Reg.
    27526 and
    27562).
    As
    is discussed in
    the May
    24 Opinion,
    there were few substantive differences
    between the USEPA and Board rules prior
    to that date.
    The Board
    has adopted rules corresponding with USEPA rules through June 30,
    1989,
    and regards June
    29,
    1990,
    as the practical due data of
    112—4E9
    —2—
    this
    rulemaking.
    Thus,
    the only reason for delay
    is that the
    Board is waiting for the Agency’s post-adoption comments.
    Unless
    the comments require majpr
    revision of
    the proposal,
    the Board
    anticipates that
    it will
    be able to adopt a final correcting
    Order on July
    19,
    1990.
    The Board directs that these reasons
    for delay be published
    in the Illinois Register pursuant to Section 7.2
    of the Act.
    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
    ~
    day of
    7~’,ti~.
    ,
    1990,
    by a vote of
    7—c
    ~.
    ~
    Dorothy
    M. G~nn,Clerk
    Illinois Pollution Control Board
    112—470

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