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

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