ILLINOIS POLLUTION CONTROL
    BOARD
    August
    13, 1992
    IN THE MATTER OF:
    )
    R92—8
    AMENDMENTS TO 35 ILL.
    ADM. CODE
    )
    (Rulemaking)
    SUBTITLE C (Water Toxics and
    )
    Bioaccumulation)
    ORDER OF THE
    BOARD
    (by R.
    C.
    Flemal):
    On July 21,
    1992,
    Illinois Chapter of the Sierra Club,
    Citizens for a Better Environment, Lake Michigan Federation,
    and
    NcHenry County Defenders (collectively “joint proponents”),
    filed
    a proposal to amend 35
    Ill. Adm. Code.Subtitle C
    (Water
    Pollution).
    Accompanying the proposal is a motion that 35 Ill. Adm.
    Code 102.120 be waived for Exhibit C.
    The joint proponents
    request that they be allowed to file only one original of Exhibit
    C, rather than an original and nine copies, due to Exhibit C’s
    “extremely voluminous” nature.
    (proposal at 2.)
    In addition to
    the filing requirements for the Board,
    Section 102.120 requires
    that the Illinois Environmental Protection Agency (Agency),
    Attorney General, and Department of Energy and Natural Resources-
    (ENR) be served one copy of the proposal.
    Also accompanying the proposal is a request to waive 35
    Ill.
    Adm. Code 102.121(h), which requires that the regulatory
    proposal be accompanied by a petition signed by 200 persons.
    The
    joint proponents are environmental organizations active in
    Illinois and represent a collective membership of “many tens of
    thousands of Illinois citizens”.
    (proposal at 2.)
    It is on this
    basis that the joint proponents request relief from Section
    121(h)
    On July 29,
    1992,
    the Agency filed a “Motion Requesting
    the Board to Require Proper Filing of the Regulatory Proposal”.
    The Board construes this. as a response to the joint proponent’s
    request to file only an original of Exhibit
    C.
    The Agency states
    that it did not receive a full copy of the proposal, noting that
    the attachments were omitted.
    The Agency requests that the Board
    require that the joint proponents properly file the proposal as
    set forth at 35 Ill.
    Adm. Code 102.120.
    The Board grants in part the motion for waiver of
    35 Ill.
    Adm. Code 102.120.
    The joint proponents must file one additional
    copy of Exhibit C with the Board.
    That copy is.necessary for use
    in the Board’s downstate offices.
    The Board also requires the
    proponents to supply the Agency with a complete copy of the
    regulatory proposal.
    The joint proponents shall also file a copy
    of the proposal with the Attorney General and ENR.
    However,
    01 35-Ot~63
    —2—
    because of the voluminous nature of Exhibit C, and in the case of
    ENR, because economic impact studies are not relevant to this
    type of rulemaking, the Board will not require that the Attorney
    General and ENR be supplied with a copy of Exhibit C, unless
    requested.
    The Board waives the requirement to supply a petition
    signed by 200 persons.
    The Board also notes that the proposal is deficient in
    that it is not accompanied by a synopsis of all testimony to be
    presented at hearing,
    as required by 35
    Ill. Adm. Code
    102.121(d),
    or a justification that the synopsis is unavailable
    (See 35
    Ill.
    Adm. Code 102.121(i)).
    After the joint proponents have satisified the remainder
    of the requirements as outlined in this order, the Board may
    accept the proposal.
    Failure to correct the above noted
    deficiencies may subject the proposal to dismissal pursuant to 35
    Ill.
    Adm. Code 102.122(a).
    As a final matter, the Board notes that the proposal was
    accompanied by a recommendation of whether an economic impact
    study is advisable.
    PA 87—860, effective July
    1,
    1992,
    deletes
    the portions of the Environmental Protection Act that pertain to
    economic impact studies for this type of rulemaking.
    Therefore,
    any actions previously required regarding economic impact studies
    are no longer required.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution
    Control Board, hereby certify that the above order was adopted on
    the
    /3~
    day of
    -~--..-4-
    ,
    1992,
    by a vote of
    7~
    Dorothy N. ,~(inn, Clerk
    Illinois Pá-llution Control Board
    0J35-0t~6L~

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