ILLINOIS POLLUTION CONTROL BOARD
    April 22,
    1993
    IN
    THE
    MATTER OF:
    OMNIBUS CLEANUP OF THE VOLATILE
    ORGANIC MATERIAL RACT RULES
    )
    R93-9
    APPLICABLE TO OZONE NONATTAINMENT
    )
    (Rulemaking)
    AREAS:
    AMENDMENTS TO
    35
    ILL.
    ADM.
    CODE
    PARTS
    203,
    211,
    218 AND 219.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    This matter
    is before the Board to correct an administrative
    error that occurred in the Agency’s submittal of the proposed
    amendment to the Board, which resulted in the omission of some
    material
    from the first notice publication in the April
    9,
    1993
    Illinois Register.
    Part 218 was published at
    17 Ill. Peg.
    4905
    and Part 219 was published
    at 17
    Ill.
    Peg.
    5169.
    On April
    12,
    1993,
    the Board received a phone call from
    Kathleen
    Bassi
    of the Agency.
    The Secretary of State informed
    the Agency that some sections were incomplete and some sections
    were missing from the first notice as published
    in the Illinois
    Register on April
    9,
    1993.
    The missing sections include parts of
    sections
    218.211 and 218.401 and all of sections 218.301,
    218.302,
    218.303 and 218.304.
    The missing portion covers six
    consecutive pages of the proposal.
    Also,
    in Part 219,
    a page
    from 219.404 was misplaced into section 219.968.
    The copies of the proposal filed with the Secretary of State
    were photocopies
    of the proposal submitted by the Agency to the
    Board.
    The Board has reviewed the proposal as filed
    in the
    Clerk’s
    Office
    and
    the
    omitted
    portions
    from
    218
    are
    not
    included
    in the
    original
    proposal.
    The
    Agency did not submit an original
    and nine copies of the proposal as required by the Board’s
    regulations but requested a waiver
    of this requirement and filed
    five
    complete
    copies
    and
    four
    partial
    copies.
    The
    Board
    granted
    the waiver of this requirement
    in its March 25, 1993 opinion and
    order.
    The Agency submitted
    single sided copies with no page
    numbers
    (Secretary of State
    —
    First Notice format)
    and double
    sided copies with page numbers and hole punched
    (to reduce the
    amount of paper and make the proposal easier to handle).
    The
    missing sections are not included in any of the single sided
    copies in the Board’s possession.
    The double sided copies and
    the electronic version submitted by the Agency include the
    missing sections.
    The misplaced page from 219 is in the correct
    location
    in the original proposal
    in the Clerk’s office.
    The text of the proposed regulations
    in the opinion and
    order was taken from the electronic version provided by the
    Agency so the complete proposal was included in the Board’s March
    25,
    1993 opinion and order.
    The Board mailed copies of this
    opinion and order to the 147 people listed on the notice list.
    0
    L~.
    i -0361
    2
    The missing sections and misplaced page have been submitted
    to the Secretary of State and are scheduled to be published
    in
    the
    April
    23,
    1993
    Illinois
    Register
    as
    a
    notice
    of
    correction.
    The
    Board
    considers
    this
    to
    be
    an
    administrative
    error
    which
    can be corrected by publication of the omitted and misplaced
    portions.
    The
    Board
    intends
    to
    proceed
    in
    this
    matter
    according
    to the opinion and order and to proceed with the scheduled
    hearings.
    The first hearing
    in this matter is scheduled for May
    7,
    1993.
    The
    Board’s
    intent
    in
    issuing
    this
    order
    is
    to
    minimize
    any
    confusion that may result from the omission of these portions
    from the First Notice Publication
    in the Illinois Register and to
    make
    the
    public
    aware
    of
    the
    correction
    notice.
    The
    Board
    notes
    that the proposal
    in the Board’s March 25,
    1993 opinion and~order
    contains
    the
    missing
    sections
    and
    is
    not
    affected
    by
    the
    correction
    notice.
    The Board notes that it strictly construes~the requirements
    of Section 28.5.
    However, the Board finds that considering the
    circumstances surrounding this filing,
    particularly the volume of
    the proposed amendment,
    the interests of all parties are best
    served by correcting this error in this manner.
    The Board also
    finds
    that
    proceeding
    in
    this
    manner
    is
    consistent
    with
    the
    purpose of Section
    28.5.
    IT IS SO ORDERED.
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    he~~y
    certify that~tpeabove order was adopted on the
    _____________day
    of
    ,
    1993,
    by a vote of
    Dorothy M.
    ~nn,
    Clerk
    Illinois P&(lution Control Board
    01 ~ I
    -0362

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