ILLINOIS POLLUTION CONTROL BOARD
January 24, 2002
IN THE MATTER OF:
)
)
WASTEWATER PRETREATMENT ) R02-9
UPDATE, USEPA AMENDMENTS ) (Identical-in-Substance
(October 3, 2001)
) Rulemaking - Water)
ORDER OF THE BOARD (by N.J. Melas):
On January 11, 2002, the U.S. Environmental Protection Agency (USEPA) filed a motion
for extension of time in this matter. USEPA requests that the public comment period for docket
R02-9 be extended until February 15, 2002.
The Board issued its proposal for public comment in this matter on November 15, 2001
after receiving a motion for expedited consideration from the Illinois Environmental Protection
Agency (Agency) and the Metropolitan Water Reclamation District of Greater Chicago
(MWRDGC) on October 31, 2001. In the November 15, 2001 proposal for public comment, the
Board proposed amendments to the Illinois regulations that were “identical in substance” to
wastewater pretreatment regulations that the USEPA adopted to implement the federal Project
eXellence and Leadership (Project XL) on October 3, 2001.
See
66 Fed. Reg. 50334. In its
November 15, 2001 proposal the Board found it necessary to deviate from the text of the federal
regulations somewhat.
USEPA undertook the October 3, 2001 Project XL action for the immediate benefit of
five publicly owned treatment works across the U.S., including the MWRDGC. Project XL
allows the imposition of alternative requirements to the generally applicable environmental
regulations for the sake of achieving greater environmental benefits by alternative means.
In the motion for extension of time, USEPA claims that it needs more time to review the
Board’s proposal for public comment as the proposal differs from the process established under
the federal regulations. The public comment period in identical in substance dockets lasts for 45
days after the date of publication of the
Illinois Register
. The proposal was published in the
Illinois Register
on November 30, 2001.
See
25 Ill. Reg. 15365. The public comment period
would have expired on January 14, 2002.
Neither the Agency nor the MWRDGC have objected to the motion for extension of time.
The Board has received comments from the Agency, and the Board considers it important to
receive USEPA’s comments in this matter as well. The Board therefore grants USEPA’s motion
for extension of time and sets a new public comment deadline of February 15, 2002.
After February 15, 2002, the Board will immediately consider adoption of the
amendments, making any necessary changes evident from the public comments. The Board will
file any adopted rules with the Secretary of State immediately after adoption.
2
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on January 24, 2002, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
