ILLINOIS POLLUTION CONTROL BOARD
    September 6, 2001
    IN THE MATTER OF:
    PROVISIONAL VARIANCES FROM
    WATER TEMPERATURE STANDARDS:
    PROPOSED NEW 35 ILL. ADM. CODE
    301.109
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    R01-31
    (Rulemaking - Water)
    ORDER OF THE BOARD (by C.A. Manning):
    On April 13, 2001, the Illinois Environmental Protection Agency (Agency) filed a
    proposal to amend the Board’s water pollution regulations. The new rule would set forth the
    criteria that the Agency must use when it recommends that the Board grant provisional variances
    from water temperature standards. On April 19, 2001, the Board accepted the Agency’s proposal
    for hearing. On June 7, 2001, the first of two scheduled hearings was held in this matter. On
    August 20, 2001, the Agency filed, and the hearing officer granted, a motion to cancel the
    second hearing scheduled for August 23, 2001. On August 23, 2001, the Agency filed a motion
    to withdraw its proposal. No responses have been filed by hearing participants.
    The Agency’s motion to withdraw the rulemaking states that the proposal to address
    thermal provisional variances did not constitute a substantive addition or limitation to existing
    statutory authority, but was entirely procedural in nature. According to the Agency, “one
    beneficial result of these proceedings has been to familiarize the regulated community with the
    Agency’s expectations for thermal provisional variance applications.” The Agency also
    indicates that the “regulated community has demonstrated their agreement and acceptance of
    both Agency intent and authority” regarding the criteria and necessary supporting information
    for an approvable provisional variance application involving thermal discharges. The Agency
    therefore concludes “the adoption of the Agency proposal in R01-31 is not necessary at this time
    for the [Agency] or the Board to carry out their statutory roles in the provisional variance
    process.”
    The Board grants the Agency’s motion to withdraw its April 13, 2001 proposal and
    closes the docket.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on September 6, 2001, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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