LLINOIS POLLUTION CONTROL BOARD
    January 23, 2003
    IN THE MATTER OF:
    PROPOSED AMENDMENTS TO:
    PUBLIC PARTICIPATION RULES IN 35
    ILL. ADM. CODE PART 309 NPDES
    PERMITS AND PERMITTING
    PROCEDURES
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    R03-19
    (NPDES Rulemaking)
    ORDER OF THE BOARD (by T.E. Johnson):
    On January 13, 2003, the Environmental Law and Policy Center of the Midwest, Illinois
    Chapter of the Sierra Club, Prairie Rivers Network, and 225 citizen petitioners (collectively “the
    proponents”) filed a proposal for rulemaking. They propose to amend the Board’s regulations at
    35 Ill. Adm. Code 309 for the issuance of permits by the Illinois Environmental Protection
    Agency (Agency) under the National Pollutant Discharge Elimination System (NPDES).
    The proposal seeks to assure public participation in the NPDES permitting process and to
    alter the Agency procedures used to issue NPDES permits. More specifically, the proponents
    seek to amend various existing rules in Part 309: Sections 309.105, 309.107, 309.108, 309.109,
    309.110, 309.112, 309.113, 309.114, 309.117, 309.119, 309.143, and 309.147. Proponents also
    propose to add three entirely new sections: Sections 309.120, 309.121, and 309.122. These
    NPDES public participation rules were at issue in a recent permit appeal before the Board:
    Prairie Rivers Network v. IEPA and Black Beauty Coal Co., PCB 01-112 (Aug. 9, 2001),
    aff’d.
    sub nom.
    Prairie Rivers Network v. IPCB; IEPA; and Black Beauty Coal Co., No. 4-01-0801
    (Oct. 24, 2002).
    The petition meets the content requirements of Section 102.202 of the Board’s procedural
    rules.
    See
    35 Ill. Adm. Code 102.202. The Board accepts the proposal for hearing and directs
    the hearing officer assigned to this matter to schedule hearings as required by Title VII of the
    Environmental Protection Act. 415 ILCS 5/26
    et seq
    . (2002).
    Finally, for ease of reference the Board has shortened the caption of this rulemaking. The
    Board directs all participants to use the caption as shown in this order in future filings.
    IT IS SO ORDERED.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 23, 2003, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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