ILLINOIS POLLUTION CONTROL BOARD
November
19,
1987
IN THE MATTER OF:
R86—44
PRETREATMENT REGULATIONS
INTERIM ORDER OF THE BOARD
(by J. Marlin):
On July 16,
1987
trie Board entered
an Opinion and Order
adopting pretreatment regulations pursuant
to Section 13.3 of
tne
Environmental Protection Act.
Two appeals were
filed,
based
on
the absence from the regulations
of provisions
for removal
credits.
On September
4, 1987
the Board vacated
the July
16
Opinion and Order,
and,
on October
1,
1987, entered
a revised
Proposed Opinion and Order
to adopt
the pretreatment regulations
with provisions for removal credits.
The October
1 proposal requested comment through October
30,
1987.
The Board
has received
late comments from the Illinois
Environmental Protection Agency
(November
2), and from the
Illinois Steel Group, LTV Steel,
Inc.
and Acme Steel Company
(November
5)
The United States Environmental Protection Agency
(USEPA) has indicated that
it intends
to comment,
but has not
done
so.
On November
5, 1987
(JSEPA amended
its removal credits
rules,
which are found at
40 CFR 403.7.
(52 Fed.
Reg.
42434).
The
amendments are intended
to modify the
removal credits rules
to
reflect part
of the decision
in NRDC
v.
(JSEPA, 790 F.2d 289,
3rd
Circuit,
1986, whicn
is discussed
in
the October
1 Proposed
Opinion.
The Federal Register indicates
that removal
credits
will
not be authorized
until
LJSEPA promulgates
a more
comprehensive set of sludge regulations.
It appears
that the comments which
the Board has received
were drafted prior
to the November 5th publication
in the Federal
Register.
The Board will postpone action
on this matter
until
December
3, 1987,
to give commenters, particularly
the JSEPA,
the
opportunity
to review the Proposal against
the revised USEPA
rules and policy statements.
IT
IS SO ORDERED
I, Dorothy M. Gunn, Clerk
of
the Illinois Pollution Control
Board, hereby certify that the above Interim Order was adopted
on
the
/9~
day of
___________________,
1987,
by
a vote
of
______.
Dorothy M.
Gunn,
Clerk
Illinois Pollution Control Board
83—143