ILLINOIS POLLUTION CONTROL BOARD
    May
    5,
    1983
    IN THE MATTER OF:
    )
    )
    PROPOSED AMENDMENTS
    TO CHAPTER
    4
    )
    R77—1O
    OF THE REGULATIONS OF THE ILLINOIS
    )
    (Closed Docket)
    POLLUTION CONTROL BOARD
    )
    IN THE MATTER OF:
    )
    )
    PROPOSED AMENDMENTS TO TITLE
    35,
    )
    R83-6
    SUBTITLE
    D:
    MINE RELATED POLLUTION,
    )
    Docket B
    CHAPTER
    1,
    PARTS 405 AND 406
    )
    PROPOSED RULE.
    FIRST NOTICE.
    ORDER OF THE BOARD
    (by D.
    Anderson):
    On April
    20, 1983 the Illinois Coal Association
    (ICA)
    filed
    a motion to reconsider the Jul~’24, 1980 Final Order of the Board
    adopting the new Chapter
    4:
    Mine Related Water Pollution (39
    PCB 176,
    196 and 260).
    In particular, the ICA seeks to extend by
    one year the expiration date of 35 Ill.
    Adm.
    Code 406.201, from
    July 1, 1983 to July
    1,
    1984.
    The Section allows the Illinois
    Environmental Protection Agency
    (Agency) to exempt mine discharges
    from the water quality standards for total dissolved solids,
    chloride, sulfate, iron and manganese,
    provided the operator
    demonstrates “good mining practices” designed to control these
    parameters.
    The section was intended as a temporary rule to allow
    the ICA and the Agency to develop a proposal for a permanent rule
    on mining practices which impact water quality.
    The ICA and
    Agency have filed such a proposal in R83-6, but final actibn is
    unlikely prior to July 1,
    1983.
    The ICA’s motion to reconsider the order in R77—10 is denied,
    as the rulemaking strictures of the Administrative Procedures
    Act will not allow the Board to simply grant the relief suggested.
    The Board will however construe the motion as
    a request to add an
    additional proposal to the February
    7,
    1983 petition by the Agency
    and the ICA which has been docketed as R83—6.
    That petition will.
    be designated as Docket
    A, and the request to extend the deadline
    of Section 406.201(f)
    until July 1,
    1984 will be designated as
    Docket
    B.
    The Clerk is directed to cause publication of,
    the
    first notce of the Docket B proposal
    in the Illinois Register.
    The R83—6 Docket B proposal shall be discussed at the
    hearings currently scheduled for Docket A on May 12 and 27,
    1983.
    Based on the record generated at those hearings, the Board will
    determine whether to issue an emergency rule effective July 1,
    1983,
    while the permanent rule continues to proceed through the
    APA process.
    52-167
    2
    The text
    of R83—6 Docket B is as follows:
    Section 406.201
    Temporary Exemption from Section 406.105
    a)
    The Agency may by permit provide that a mine discharge
    shall be exempt from the requirement of Section
    406.105 as it applies to the discharge of total
    dissolved solids, chloride,
    sulfate, iron and manganese.
    b)
    A permittee may apply for such exemption as part of a
    new or renewed or supplemental state or NPDES permit.
    c)
    The Agency shall permit such exemption if all of the
    following conditions are met:
    1)
    The Agency does not demonstrate significant
    adverse effect on the environment in and around
    the receiving water;
    2)
    The permittee submits
    to the Agency adequate proof
    that the discharge will not adversely affect any
    public water supply;
    and
    3)
    The permittee submits to the Agency proof that it
    is utilizing good mining practices designed to
    mthimize discharge of the parameters to be
    exempted.
    d)
    The Agency may promulgate under Section 405.101(c)
    a
    code of good mining practices.
    Compliance with the
    code of good mining practices shall he prima facie
    evidence that the permittee is utilizing good mining
    practices within the meaning of subparagraph
    (c)(3).
    e)
    Whenever the Agency issues a permit exempting a
    permittee from Section 406.105,
    it shall include
    in
    the permit such conditions as may be necessary to
    ensure that the permittee utilizes good mining
    practices designed to minimize discharge of the
    parameters exempted.
    f)
    After Jy——~983~ July
    1,
    1984, the exemption
    provided in this Section 406.201 shall
    terminate.
    (Source:
    Amended at 7 Ill. Reg.
    _____,
    effective
    ____________.)
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Order was adopted
    on the
    ~
    day of
    ________________,
    1983 by a vote of
    ‘/- (~
    Christan L. Moff~é1~t~
    Clerk
    Illinois Pollution Control Board
    52-168

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