ILLINOIS POLLUTION CONTROL BOARD

July

3,

1990

IN THE MATTER OF:

CORRECTION TO

)

R90-16

35 ILL.ADM.CODE 102.162

)

(Rulemaking)

PROPOSED RULE.

FIRST NOTICE.

OPINION

AND

ORDER OF THE

BOARD

(by J. Theodore Meyer):

This matter is before the Board on its own motion.

On May 10,

1990,

the Board adopted

a final

Opinion and Order

in

Procedural

Rules Revision 35 I11.Adrn.Code 102 and 106 (Subparts

D,

E,

and F),

R88-5(B).

That rulemaking adopted new procedural rules governing

regulatory proceedings.

The rules were filed with the Secretary

of State

(and thus became effective)

on May 24,

1990.

The rules

were then published

in the Illinois Register on June

8,

1990,

at

14 Ill.Reg.

9210.

The

Board

recently

discovered

that

because

of

an

administrative error, Section 102.162 “Notice of Hearing” was not

included

in

the filing

with

the

Secretary

of

State.

(Section

102.162

was,

however,

included

in

the

Illinois

Register

publication.

See

14

Ill.Reg.

9226.)

In order to correct this

error, the Board must proceed through regular rulemaking procedures

established by the Administrative Procedure Act

(APA),

Ill.

Rev.

Stat.

1989,

ch.

127,

par.

1001

et

seq.

(See

1

Ill.

Adm.

Code

240(d).)

Therefore,

the Board has opened this docket for the sole

purpose of filing Section 102.162 “Notice of Hearing”,

as adopted

in R88-5(B), with the Secretary of State.

This rulemaking will be

conducted under APA rulemaking procedures, pursuant to Section 26

of

the Environmental

Protection

Act.

Because

this

section

was

subject to extensive public comment opportunities during the course

of R88—5(B),

and because

of

the non-substantive

nature

of

this

correction, the Board has not scheduled

a hearing in this docket.

ORDER

The Board

hereby

directs

the Clerk

of

the

Board

to

cause

publication in the Illinois Register of the following amendment:

TITLE 35:

ENVIRONMENTAL PROTECTION

SUBTITLE A:

GENERAL PROVISIONS

CHAPTER

I:

POLLUTION CONTROL BOARD

PART 102

REGULATORY AND INFORMATIONAL

HEARINGS AND PROCEEDINGS

113—275

---

2

Section 102.162

Notice Of Hearing

a)

The

hearing

officer

will

set

a

time

and

place

for

hearing.

The Clerk shall give notice of the date of the

hearing as follows:

1)

By notice in the Board’s Environmental Register; and

2)

At

least

20

days

prior

to

the

hearing

date,

by

public

advertisement

in

a

newspaper

of

general

circulation in the

countli

in which the hearing

is

to

be

held.

Where

r~.quired b~ federal

law,

including but not limited to air pol ution and RCRA

proposals,

newspaper notice shall

published

at

least 30 days prior to the hearing

ate.

b)

The hearing

officer

will

give

notice

by

mail

to

the

proponent and to all persons who have

ubmitted their

names and addresses to the Clerk concernL.g the proposal.

c)

Hearings which are continued on the hearing record for

a period of 45 days or less do not require notice that

complies with subsections

(a) and

(b).

(Source:

Added

at

14

Ill.

Reg.

_________

,

effective

_________________________________________

)

IT IS SO ORDERED.

I,

Dorothy M.

Gunn,

Clerk of the Illinois PoJlution Control

Board, hereby certify that th,~above Opinion and Order was adopted

on

the

~‘~-

day

of

_______________,

1990,

by

a

vote

of

7—~

.

Dorothy M.,’/Gunn,

Clerk

Illinois P~l1utionControl Board

113—276