ILLINOIS POLLUTION CONTROL BOARD

March

8,

1990

IN

THE

MATTER

OF:

)

R89—12

PRETREATMENT UPDATE

)

(Identical

in Substance Rules)

(1/1/89

—

6/30/89)

)

ORDER OF THE BOARD

(by J. Anderson):

Section 13.3

of the Environmental Protection Act

(Act)

requires the Board to adopt regulations which are “identical

in

substance” with USEPA wastewater pretreatment rules adopted

pursuant to the Clean Water Act.

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 federal rule, unless the Board

extends the time based on a finding that the time is insufficient

and stating the reasons.

It appears that the regulations

in this

Docket will arguably be late.

The Board

is therefore entering

this Order to extend the time.

The USEPA Pretreatment rules are in 40 CFR 400 et seq.

These have been the subject of five recent amendments:

January

4,

March

17, April

4, May

2,

and June

29, 1989

(54

Fed.

Reg.

246,

11346,

13606,

13716, and 27351)..

The Board intends to adopt

final amendments corresponding with the USEPA amendments through

June

30,

1989 on or before April

12,

1990.

The reason for delay of final action on this docket beyond

the statutory deadline

is that the Board awaits receipt of

responses to its numerous requests for public comment included in

its Proposed Order of December

6,

1989.

The Board specifically

addressed many of these requests for comments to the Agency,

USEPA,

and the Attorney General.

At the close of the public

comment period, the Board had not received any of the requested

comments.

The Board greatly desires receipt of public

input from these

entities and the regulated community on the important

issues

raised,

and has hoped that additional time might afford a greater

opportunity for such comments.

However, even in the absence of

this valuable guidance from outside the Board, the Board will

promptly proceed to fulfill its statutory mandate with or without

the desired comments.

The Board hereby directs the Clerk to cause the publication

of the text of this Order

in the Illinois Register pursuant to

Section 7.2 of the Act.

IT IS SO ORDERED

109—431

---

2

I, Dorothy M. Gunn,

Clerk of the Illinois Pollution Control

Board,

.do

hereby certify that the above Order was adopted., on the

day of

1)

~‘.

,

1990, by a vote of

~‘

Dorothy N. Gunn,

Illinois Pollution Control Board