ILLINOIS POLLUTION CONTROL BOARD

February 5, 1981

IN

THE

MATTER OF PROPOSED   

)

AMENDMENTS TO PROCEDURAL   

)

R80--12

RULES 401 and 405.       

)

ADOPTED RULE. FINAL ORDER

ORDER OF THE BOARD (by D. Satchell):

Pursuant to the Board’s Opinion and Order of December 4, 1980,

the second notice period in this rulemaking began on December 16,

1980. It terminated on January 22, 1980 with no objection from

the Joint Connnittee on Administrative Rules. In response to com-~

ments from the Joint Committee staff the Board will modify the

proposal by addition of the language which is underlined in the

text which appears below. This will provide a cross reference

from Procedural Rule 401(g) to Rule 406 concerning the distinction

between an amended petition and a response. The Clerk i~directed

to file the rules as modified with the Secretary of State.

401(d) All petitions for variance from Title II of the Act or

from the Chapter 2, Air Pollution of the Board’s Regula~

tions shall indicate whether the Board may grant the re~

quested relief consistent with the Clean Air Act (42 U.

S. C. §7401 et seq.) and the Federal regulations adopted

pursuant thereto. If granting a variance would constit~

ute issuance of a delayed compliance order as that term

is defined in 40 C.F,R. §65.01(e), the petition shall

indicate whether the requested relief is consistent with

Sedtjon 113(d) of the Clean Air Act 142 U.S.C. §7413(d))

and 40 C.F.R. §~65.0l—65—l0and 65.181. If granting a

variance would require revision of the State Implementa-

tion Plan, the petition shall indicate whether the re~-

quirements of Section 110(a) of the Clean Air Act (42

U.S.C. §7410(a)) and 40 C.F.R. Part 51 will be satisfied.

401(e) All petitions for variance from Title III of the Act;

from Chapter 3, Water Pollution of the Board’s Regula~

tions; or from water pollution related requirements of

any other title of the Act or chapter of the Board’s

regulations shall indicate whether the Board may grant

the relief consistent with the Clean Water Act (33 U.S.C.

§1251 et seq.), U.S.E.P.A. effluent guidelines and

standards, any other Federal regulations, or any areawide

waste treatment management plan approved by the Adminis-

trator of U.S.E.P.A. pursuant to Section 208 of the

Clean Water Act (33 U.S.C. §1288)

40—45 1

—2—

401(f) All petitions for variances from Title IV of the Act or

from Chapter 6, Public Water Supplies of the Board’s

Regulations shall indicate whether the Board may grant

the relief consistent with the Safe Drinking Water Act

(42 U.S.C. §300(.f)et_seq.) and the U.S.E.P.A. Drinking

Water Regulations (40 C.F.R. Part 141).

401(g)  The petition may include an analysis of applicable fed-

eral law and legal arguments and facts which may be

necessary to show compliance with federal law. If it does

not and petitioner subsequently files a pleading containing

such, it will be deemed an amended petition, thereby re-

starting the decision period. However, petitioner may,

pursuant to Procedural Rule 406, file a response to the

Agency’s analysis of’ federal laws without amending the

petition.

401(h)  The failure to satisfy the requirements of this Rule, to

the extent that the Board is not reasonably informed of

petitioner’s circumstances, will render the Petition for

Variance subject to dismissal for inadequacy, unless the

Board shall rule otherwise.

405

Agency Investigation and Recommendation

405(a) After investigating the variance petition and considering

the views of the persons who might be adversely affected

by the grant of the variance, the Agency shall within 30

days of the filing of the petition or any amendment there-

to make a recommendation to the Board on the disposition

of the petition. The recommendation shall include:

1. A description of the efforts made by the Agency to in-

vestigate the facts as alleged and to ascertain the

views of persons who might be affected and a summary

of the views so ascertained;

2. A statement of the degree to which, if at all, the

Agency disagrees with the facts as alleged in the

petition, including facts refuting any allegations

in the Petition for Variance;

3. Allegations of any other facts the Agency believes

relevant to the disposition of the petition:

4. The Agency’s estimate of the costs that compliance

would impose on the petitioner and on others and of

the injury that the grant of the variance would impose

40—452

—3—

on the public including the effect that continued

discharge of contaminants will have upon the environ-

ment; and

5. The Agency’s analysis of applicable federal laws and

regulations and an opinion concerning the consistency

of the petition with such federal laws and regulations.

6. The Agency’s conclusion of what disposition should

be made ‘of the petition.

405(b) The Agency shall serve a copy of its recommendation on the

petitioner in accordance with Rule 305 (b). Failure of the

Agency to timely file its recommendation shall be grounds

for the Hearing Officer to adjourn the hearing to a date

which will allow reasonable time to prepare.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby~certifythat the above Order was adopted

on the 

day of~I~

1981 by a vote of 

_____

Christan L. Moffet~,7C1erk

Illinois Pollution’~Cbntro1 Board

40—453