ILLINOIS POLLUTION CONTROL BOARD
    June 30, 1983
    IN THE MATTER OF:
    )
    PROPOSED AMENDMENTS TO TITLE 35,
    SUBTITLE D: MINE RELATED POLLUTION,
    )
    R83-6
    CHAPTER 1, PARTS 405 AND 406
    )
    Docket B
    ADOPTED EMERGENCY RULE
    ORDER OF THE BOARD (by D. Anderson):
    On May 5, 1983 the Board proposed to extend to July 1,
    1984 the expiration date for 35 Ill. Adm. Code 406.201, a
    temporary rule allowing exemption from certain water quality
    standards for coal mine discharges. The proposal appeared
    at 7 Ill. Reg. 6693. Public hearings were held on May 12
    and May 27, 1983, at which time representatives of the
    Illinois Environmental Protection Agency and Illinois Coal
    Association expressed support for the proposed extension.
    The Department of Energy and Natural Resources has advised
    the Board that the Economic and Technical Advisory Committee
    has made a negative declaration in lieu of an economic
    impact study on the proposed extension. The public hearing
    requirements of Section 27 of the Environmental Protection
    Act being satisfied, the Board will adopt the proposed
    extension. The Board further finds that the disruption of
    the coal industry which could result from the expiration of
    Section 406.201 on July 1, 1983 constitutes a threat to the
    public interest and welfare within the meaning of Section
    5.02 of the Administrative Procedure Act. The Board will
    therefore adopt the extension as an emergency rule under the
    Administrative Procedure Act. The Clerk is directed to file
    the rule with the Secretary of State and arrange for publica-
    tion of a notice in the Illinois Register.
    Insofar as emergency rules are effective for no longer
    than 150 days, the Board will proceed with the proposed one-
    year extension as a permanent rule. The comment period on
    that will expire on July 11, 1983. The Board will consider
    any comments before going on to second notice with the
    permanent one—year extension of the temporary rule.
    IT IS SO ORDERED.
    52-527
    —2—
    I, Christan L~Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Order was adopted
    on the
    ~j
    day of
    ~
    ,
    1983 by a vote of
    Christan L, Mof el~t~Clerk
    Illinois Pollutio ~ ntrol Board
    52-528

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