ILLINOIS POLLUTION CONTROL BOARD
October 29,
1992
IN THE MATTER OF:
)
AMENDMENTS TO
35 ILL.ADM.
)
R92-7
CODE 101.103(d) REGARDING
)
(Rulemaking)
RECYCLED PAPER
)
Adopted Rule.
Final Order.
OPINION
AND
ORDER OF THE BOARD
(by J. Theodore Meyer):
On May 19,
1992,
Business and Professional People for the
Public Interest
(BPI)
filed a petition to amend the Board’s rule
requiring the use of recycled paper.
BPI seeks to make technical
corrections to the rule, because the statutory definition of
recycled paper has been revised and recodified.
On May 21,
1992,
this Board accepted the proposal.
The Board noted that because
this proposal seeks to amend a procedural rule,
several aspects
of “regular” rulemaking do not apply to this proceeding.
For
example,
the Board
is not required to hold hearings other than
within the context of the Administrative Procedure Act (APA).
(Ill.Rev.Stat,1991,
ch.
127, par.
1001 et seq.)
On June 4,
1992, the Board sent the proposal to first
notice, without taking
a substantive position on the merits of
the proposal.
The proposed rule was published in the Illinois
Register on July
6,
1992,
at 16 Ill.Reg.
10387.
On September
17,
1992, the Board proposed the amendments for second notice,
and
submitted the proposal to the Joint Committee on Administrative
Rules
(JCAR).
The Board received JCAR’s statement of no
objection on October 20,
1992.
JCAR did not request any changes
to the proposed rules.
Today the Board adopts the proposed
amendments.
PROPOSAL
The Board’s recycled paper rule,
adopted in R90-24 and found
at 35 Ill.Adm.Code 101.103(d),
refers to Section 3(f)
of the
Illinois Solid Waste Management Act (Ill.Rev.Stat.
1989,
ch.
111
1/2,
par. 7053(f))
for the definition of “postconsumer
material.”
In its proposal, BPI states that Section 3(f)
of the
Illinois Solid Waste Management Act no longer exists in the same
form.
BPI states that the General Assembly amended Section
3 by
The Board notes that although BPI states that the existing
rule refers to Section 3(f)
for the definition of “recycled
paper”,
in fact the existing rule refers to Section 3(f) only for
the definition of “post—consumer material.”
C ~37-0127
2
changing the definition of recycled paper and recodifying the
definition.2
The Illinois Solid Waste Managemcnt
Act now
requires that recycled paper contain at least 50
“recovered
paper material”,
and establishes a phased—in schedule under which
the percentage of postconsumer material in “recovered paper
material” is 20
in 1992,
increasing to 50
by the year 2000.
Therefore,
BPI contends that to ensure consistency between the
Board’s rule and the statutory language,
and to avoid any
confusion, the Board’s rule should be amended to incorporate the
new definition of recycled paper.
At first notice, the Board made minor changes to the
language and organization of the proposal.
Instead of
incorporating a reference to the statute as amended, as BPI
proposed, the Board spelled out the requirements for “recycled
paper” within the text of the rule.
Additionally, the Board
proposed definitions of “deinked stock”, “recovered paper
material”, and “postconsumer material” in the existing
definitions section (Section 101.101).
These definitions are
based upon the statutory language of Public Act 87-485, adding
new Section 3(f)
to the Illinois Solid Waste Management Act.
The
changes were proposed to conform to APA and Administrative Code
Division requirements,
and in an attempt to avoid further
regulatory amendments
in the event of another recodification.
PUBLIC COMMENTS
The Board received only two public comments on this
proposal.
The Administrative Code Division suggested several
technical changes, which the Board will make.
(P.C.
#1.)
The
Sierra Club,
Illinois Chapter, also filed a comment.
(P.C.
#2.)
The Sierra Club noted that it supported the initial adoption of
the recycled paper rule, and stated that it supports BPI’s
proposal making technical changes in the rule.
The Sierra Club
maintains that using recycled products is a crucial step in
developing the markets necessary for large-scale recycling.
Finally, the Sierra Club stated that
it has found recycled paper
products to be very cost—competitive with non—recycled products,
and compatible with office equipment.
CONCLUSIONS
After considering the record in this proceeeding, the Board
adopts, as final, these amendments to its procedural rule
requiring recycled paper.
The amendments reflect legislative
changes.
It would be unnecessarily confusing for the Board’s
rule to refer to an old statute,
especially when the “new”
2
The change was made in Public Act 87—485, effective
January
1,
1992.
0137-0128
3
section has the same number as the “old” section.
Additionally,
the Board believes that its changes to the proposal, as made at
first notice, will clarify the rule and avoid further amendments
in the event of another statutory change.
The rule adopted today
is identical to the rule proposed for second notice.
ORDER
The Board hereby adopts the following amendments.
The
amendments are to be filed with the Secretary of State.
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE A:
GENERAL PROVISIONS
CHAPTER I:
POLLUTION CONTROL BOARD
PART 101
GENERAL RULES
SUBPART A:
GENERAL PROVISIONS
Section 101.101
Definitions
The definitions of the Environmental Protection Act
(Ill.Rev.Stat. 19871991,
cli.
111 1/2, par.
1001 et seq.)
apply to
this Part unless otherwise provided.
The following definitions
also apply
to this Part:
“Act” means the Environmental Protection Act
(Il1.Rev.Stat.
19871991,
cli.
111 1/2, par. 1001 et
seq.)
“Agency” means the Illinois Environmental Protection
Agency.
“APA” means the Illinois Administrative Procedure Act
(Ill.Rev.Stat.19871991,
ch.
127.
par.
1001 et seq.)
“Attorney General” means the Office of the Attorney
General of the State of Illinois.
“Board” means the Illinois Pollution Control Board.
“Chairman” means the Chairman of the Board.
“Clean Air Act” means the federal Clean Air Act
(42
U.S.C.
7401 et seq.
(198-&~jj).
“Clean Water Act” means the federal Clean Water Act
(33
U.S.C.
1251 et seq.
(l98-&~)).
“Clerk” means the Clerk of the Bo~d.
0
37-0129
4
“Contested case” means an adjudicatory proceeding,
including but not limited to enforcement, variance,
permit appeal, adjusted standard,
a’id administrative
citation proceedings, but not including regulatory,
quasi—legislative,
informational, or similar
proceedings.
“DEINKED STOCK”
MEANS
PAPER THAT
HAS
BEEN PROCESSED TO
REMOVE INKS. CLAYS,
COATINGS, BINDERS
AND
OTHER
CONTAMINANTS.
(Illinois Solid Waste Management Act,
Section 2.1,
P.A.
87—485, effective January
1, 1992.~
“Document” means pleading, notice, motion,
affidavit,
memorandum,
brief,
petition, or other paper or
combination of papers required or permitted to be
filed.
“DNS” means the Illinois Department of Nuclear Safety.
“ENR” means the Illinois Department of Energy and
Natural Resources.
“Evidence” means a paper, drawing,
map, chart, report,
study,
or other tangible thing produced and submitted
at hearing,
or testimony received at hearing.
“Initial filing” means the filing which initiates a
Board proceeding.
For example, the initial filing in
an enforcement proceeding is the complaint; in a permit
appeal is a petition for review, and in a regulatory
proceeding is the proposal.
There is only one initial
filing in each Board proceeding.
“JCAR” means the Joint Committee on Administrative
Rules.
“Material” means relating to any substantive issue that
is of consequence to the determination of a proceeding.
“Participant” means any person,
not including the Board
or its staff, who takes part in a regulatory or other
quasi-legislative proceeding before the Board.
A
person becomes a participant in any of several ways,
including,
but not limited to, filing a comment, being
added to the notice list of a particular proceeding,
or
testifying at hearing.
“Party” means a person authorized by the Act to bring,
defend, or intervene in a contested case before the
Board.
“Person” means any person defined in Section 3.26 of
0137-0130
5
the Act,
including but not limited to any individual,
partnership,
company, corporation, political
subdivision,
or state agency.
“Postconsumer material” means PAPER. PAPERBOARD,
AND
FIBROUS WASTES FROM RETAIL STORES, OFFICE BUILDINGS,
HONES.
AND
SO FORTH. AFTER THE WASTE
HAS
PASSED THROUGH
ITS END USAGE AS A CONSUMER
ITEM,
INCLUDING USED
CORRUGATED BOXES,
OLD NEWSPAPERS, MIXED WASTE PAPER,
TABULATING CARDS. AND USED CORDAGE.
“Postconsumer
material also includes ALL PAPER. PAPERBOARD,
AND
FIBROUS WASTES THAT ARE DIVERTED OR SEPARATED FROM THE
MUNICIPAL SOLID WASTE STREAM.
(Illinois Solid Waste
Management Act, Section 3(f)(2), P.A.
87-485, effective
January 1.
1992.)
“Procedural rules” means the Board’s procedural rules,
contained in 35 Ill.Adm.Code 101 through 120.
“Recovered PaPer material” means POSTCONSUMER MATERIAL~.
AND DRY PAPER AND PAPERBOARD WASTE GENERATED AFTER
COMPLETION OF THE PAPERMAKING PROCESS
(THAT IS, THOSE
MANUFACTURING OPERATIONS UP TO
AND
INCLUDING THE
CUTTING AND TRIMMING OF THE PAPER MACHINE REEL INTO
SMALLER ROLLS OR ROUGH SHEETS), INCLUDING ENVELOPE
CUTTINGS, BINDERY TRIMMINGS.
AND
OTHER PAPER
AND
PAPERBOARD WASTE RESULTING FROM PRINTING, CUTTING,
FORMING, AND OTHER CONVERTING OPERATIONS,
OR FROM BAG,
BOX AND CARTON MANUFACTURING.
AND
BUTT ROLLS. MILL
WRAPPERS, AND REJECTED UNUSED STOCK.
“Recovered paper
material” also includes FINISHED PAPER AND PAPERBOARD
FROM OBSOLETE INVENTORIES OF PAPER
AND
PAPERBOARD
MANUFACTURERS, MERCHANTS,
WHOLESALERS. DEALERS,
PRINTERS, CONVERTERS. OR OTHERS.
(Illinois Solid Waste
Management Act, Section 3(f)(3),
P.A. 87—485, effective
January
1,
1992.)
“Registered agent” means a person registered with the
Secretary of State for the purpose of accepting service
of notices for any entity,
or a person otherwise
authorized in writing as an agent for the purpose of
accepting service of notices for that entity in Board
proceedings.
“Relevant” means having any tendency to make the
existence of any fact that is
of consequence to the
determination of the proceeding more probable or less
probable than it would be without that information.
“RCRA” means the Solid Waste Disposal Act,
as amended
by the Resource Conservation and Recovery Act of 1976
(42 U.S.C.
6901 et seq.
(19&&9fl~
O~370131
6
“SDWA” means the federal Safe Drinking Water Act
(42
U.S.C.
300f et seq.
(l98-&~jJ).
“Site—specific rule” means a proposed or adopted
regulation,
not of general applicability, which applies
only to a specific facility or geographic site.
“Undue delay” means a delay which
is unwarranted,
unjustified,
improper,
or is more delay than necessary.
“USEPA” means the United States Environmental
Protection Agency.
(Amended at 16 Ill.Reg.
___________,
effective
________________
Section 101.103
Form of Documents
a)
Documents shall clearly show the title of the
proceeding in which they are filed.
Appendix A of this
Part sets forth examples of proper captions.
Documents
shall bear a heading which clearly describes the nature
of the relief sought,
such as, but not limited to
“Petition for Amendment to Regulation”, “Complaint”,
“Petition for Variance”,
“Petition for Review”,
“Motion”,
or “Public Comment”.
b)
Except as otherwise provided, the original and nine
(9)
copies of all documents shall be filed with the Clerk.
Only the original and four
(4)
copies of any discovery
motion, deposition,
interrogatory, answer to
interrogatory,
or subpoena need be filed with the
Clerk.
c)
After the filing of the initial document in a
proceeding,
all filings, including exhibits, shall
include the Board docket number for the proceeding in
which the item is to be filed.
If the filing is a
document, the docket number shall appear on the first
page of the filing.
For filings which are not
documents, the docket number shall appear on a readily
visible portion of the filing.
d)
Documents, excluding exhibits, shall be typewritten or
reproduced from typewritten copy and double—spaced on
uncoated white paper of greater than 12 pound weight
and measuring 8”
x 10 1/2” or
8 1/2” x 11”.
Reproductions may be made by any process that produces
legible black-on-white copies.
All documents shall be
fastened on the left side or in the upper left corner.
The left margin of each page shall be at least
1
1
/)
0
37-0132
7
inches and the right margin at least one inch.
As of
January
1,
1992, all documents,
exc3uding exhibits,
filed with the Board by attorneys or by organized
environmental and trade groups shall be submitted on
recycled paper.
For purposes of this Section,
“recycled paper” means paper which contains at least
40
po3tcon~umcr50
recovered paper material.
~e
definition of “pootcon3umcr iuatcrial” i~oet forth
in
Section 3(f)
of the Illinoic Solid Waste Management Act
(Ill.Rcv.Ctat.
1989,
ch.
11.
1/2,
par. 7053(f)).
~‘~g
recovered parer material shall contain at least 20
deinked stock or ~ostconsumer material, until July 1,
1994;
beginning JulY
1,
1994,
shall contain at least
25
deinked stock or postconsumer material; beginning
July 1,
1996,
shall contain at least 30
deinked stock
or ~ostconsumer material; beginning July 1, 1998,
shall
contain at least 40
deinked stock or postconsuiner
material; and beginning July 1,
2000,
shall contain at
least 45
deinked stock or postconsumer material.
Either the certificate or proof of service or the
notice of filing accompanying all documents filed by
attorneys or by organized environmental or trade groups
shall state “THIS FILING IS SUBMITTED ON RECYCLED
PAPER”.
This statement shall be made at the bottom of
the first page of the certificate or proof of service,
or the notice of filing.
This recycled paper
requirement does not apply to stationery,
such as
letterhead, when used for cover letters or similar
purposes.
Additionally, the Board encourages all
participants to double-side copies of documents filed
with the Board.
e)
The requirements of subsections
(b),
(c), and
(d)
above
may be waived by the Board upon written request.
A
request for
a filing waiver shall be presented to the
Board in the form of a motion accompanied by affidavits
necessary to verify any factual assertions contained in
the motion.
If the Board finds that compliance with
the filing requirements would impose an undue burden,
the Board will grant the motion.
f)
Exhibits, where possible, shall be reduced to conform
to the size requirements of subsection
(d)
above.
However,
one non-conforming copy may be filed with the
Clerk’s office.
g)
The original of each document filed shall be signed by
the party or by its authorized representative or
attorney.
All documents shall bear the business
address and telephone number of the attorney filing the
document,
or of the party who appears on his or her own
behalf.
The Clerk will refuse to accept for filinq any
0137-0133
8
document which does not comply with this subsection.
h)
Except as otherwise provided by Sections
1 through 4 of
“AN ACT in relation to the reproduction of public
records on film and the destruction of records so
reproduced”
(Ill.Rev.Stat. 19871991, ch.
116,
pars.
35—
38), or by leave of the Board, documents on microfiche
are not acceptable for filing.
(Source:
Amended at 16 Ill.Reg.
________,
effective
IT IS SO ORDERED.
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
Board,
hereby certify that the above çpinion and order was
adopted on the
~
day of
______________,
1992,
by a vote
of
7—c
o137-0l3~
)
Control Board