ILLINOIS POLLUTION CONTROL BOARD
June 21, 1990
IN THE MATTER OF:
)
SOWA UPDATE; USEPA RULES
)
R90—4
(7/1/89 THROUGH 12/31/89)
)
(Rulemaking)
ORDER OF THE BOARD (by J. Anderson):
On May 24, 1990, in P.88—26, pursuant to Sections 7.2 and
17.5 of the Environmental Protection Act (Act), the Board adopted
regulations which are “identical in substance” with United States
Environmental Protection Agency (USEPA) regulations implementing
the Safe Drinking water Act (SDWA). On June 7, 1990, the Board
granted a motion filed by the Illinois Environmental Protection
Agency (Agency) to extend the post—adoption comment period
through July 17, 1990. The “identical in substance” rules
adopted in P.88-26 consist of a new 35 Ill. Adm. Code 611. R88—26
included USEPA rules adopted through June 30, 1989.
The Board has reserved this Docket as the first update
Docket for the SDWA rules. Pursuant to Section 7.2(b) of the
Act, the Board normally “batches” USEPA actions during a six—
month period for adoption as Board rules. Board action is
required within one year after the first tJSEPA action during the
batch period, unless the Board enters an “extension of time”
order, and publishes the “reasons for delay” in the Illincis
Register. This Docket was to cover USEPA actions during the
period 7/1/89 through 12/31/89.
Part 611 is derived from 40 CFR 141. There was only a
single amendment to that Part during this batch period. This was
at 54 Fed. Reg. 29998, July 17, 1989. The due date for action on
this Docket is therefore July 17, 1990, unless the Board enters
an extension of time Order.
The amendment concerns the incorpora:ion by reference of
certain journal articles concerning coliform tests. The
incorporation occurs in 35 Ill. Adm. Code 611.102, and is
discussed on page 30 of the May 24, 1990 Opinion in P.88—26.
As was discussed in the P.88—26 Opinion, these journal
articles, including the additions in the July 17 Federal
Register, cannot be incorporated by reference under the Illinois
Administrative Procedure Act (APA). The APA authorizes the
incorporation 5y reference “standards and guide:.ines”, but not of
journal articles. Furthermore, th~e American Society of
Microbiology does not make copies of the articles available to
112—471
—2—
the public. Moreover, the articles are.descriptions of the
results of field trails of new methods for colifor.m analysis.
They do not include a description of the
methods
themselves such
that a person could read the articles and perform the tests. As
such, they are not “standards or guide1ines~’ in any sense of the
terms, and are..not even useful in the rules. The Board therefore
dropped the references from P.88—26. For the same reasons, there
is no need to add the references from the July 17, 1989 Federal
Register, which is the subject of this Docket..~ The Board will
therefore dismiss this Docket.
There is still a possibility of
reconsideration. ~..nP.88—26.
However, this will not occur before July 17, which :is ~ls.othe
due date for any action on this rulemaking.
~If
reconsideration
should affect the issue which is the subject of th,i:s Docket, the
Board will address the July 17, 1989, Federal R’egi~.te.r in P.88—26,
rather than reopen this Docket.
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
~
day of
_____________
,
1990, by a vote of
________
/2~~
Dorothy M.
•Gun!i~
Clerk
Illinois Pollution Control Board
112—472