R 04-24
    (Procedural Rulemaking)
    TO:
    Dorothy Gunn, Clerk
    Illinois Pollution Control Board
    James R. Thompson Center
    100 W. Randolph Street, Suite 11-500
    Chicago, Illinois
    60601
    LaDonna Driver
    Hodge Dwyer Zeman
    3150 Roland Avenue
    P.O. Box
    5776
    Springfield,
    Illinois
    62705-5776
    RichardMcGill, Hearing Officer
    Illinois PollutiQn Control Board
    James R. Thompson Center
    100 W. Randolph, Suite 11-500
    Chicago, Illinois
    60601
    Robert Messina, General Counsel
    Illinois Environmental Regulatory Group
    3150 Roland Avenue
    -
    Springfield, illinois 62703
    PLEASE TAKE NOTICE that I have filed with the Office ofthe Pollution
    Control Board the COMMENTS
    BY ILLiNOIS ENVIRONMENTAL PROTECTION
    AGENCY on behalf ofthe Illinois Environmental Protection Agency, a copy ofwhich is
    herewith served upon you.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY
    Rachel L. Doctors
    Assistant Counsel
    Division ofLegal Counsel
    1021
    North Grand Avenue East
    P.O. Box 19276
    Spring field, IL 62794-9276
    217/782-5544
    THIS FILING
    IS SUBMITTED ON
    RECYCLED PAPER
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    REc~EIVED
    CLERK’S OFFICE
    JUN
    172004
    STATE OF ILLINOIS
    Pollution
    Control Board
    IN THE
    MATTER OF:
    )
    )
    AMENDMENTS TO THE BOARD’S
    )
    PROCEDURAL RULES TO ACCOMMODATE
    )
    NEW STATUTORY PROVISIONS:
    )
    35 ILL. ADM. CODE 101-130
    )
    NOTICE
    Date:
    June
    15,
    2004
    By:
    LERK’S OFFICE
    ILLINOIS POLLUTION CONTROL BOARD
    ~N
    1?
    2004
    STATEOF ILLINOIS
    Pollution Control Board
    iN
    THE MATTER
    OF:
    )
    )
    R04-24
    AMENDMENTS TO THE BOARD’S
    )
    (Procedural Rulemaking)
    PROCEDURAL RULES TO
    )
    ACCOMMODATE NEW STATUTORY
    )
    PROVISIONS:
    35
    ILL. ADM. CODE 101-103
    )
    COMMENTS BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    The Illinois Environmental Protection Agency (“Agency”) appreciates this opportunity to
    comment on the Illinois Pollution Control Board’s (“Board”) proposed amendments to its
    procedural rules in R04-24.
    The Agency supports the Board’s proposed amendments, but has
    conmients on the following three topics:
    1) required number ofcopies; 2) updating
    incorporations by reference; and 3) provisional variances.
    Section 101.302(h)
    Filing ofDocuments
    Section
    5
    ofthe Illinois Environmental Protection Act (“Act”) was amended to reduce the
    number of Board members from seven to five.
    The Board in its proposal notes that this reduces
    the number ofvotes needed for a majority vote.
    Correspondingly, it should also reduce the
    number ofcopies that parties should be required to
    file by two,
    from 10
    total to
    8 total.
    Such a
    change would reduce both the administrative burden associated with assembling extra copies, as
    well monetary costs associated with making the copies.
    The Agency recommends the following
    amendment:
    Unless the Board orits procedural rules provide otherwise, all documents must be filed
    with a signed original and 79
    duplicate copies (~-1-Ototal) except that...
    Section
    102.211(e)
    Incorporations by Reference:
    Section 28.6 ofthe Act was amended to
    streamline the process for updating
    incorporations by reference.
    The amendments eliminate the requirement that the procedures set
    forth in Sections 27
    and 28
    of
    the Act must be followed.
    These procedures included the
    requirement that the BOard hold at least two public hearings.
    Usually updating an incorporation
    by reference is noncontroversal, due to the fact that it involves using newer materials or
    improved test methods.
    Some rules adopted by the Board for the control ofair pollution have been adopted for
    the purposes ofmeeting federal Clean Air Act requirements, and as such may be part ofa State
    Implementation Plan (“SIP”).
    The hearings which the Board proposes to forgo under these
    proposed procedures maymake the SIP revision containing an updated incorporation by
    reference unapprovable by U.S. EPA, as the applicable federal procedures require that prior to
    U.S. EPA’s approval of a SIP or a revision to a SIP, that the State hold a public hearing on the
    contents ofthe plan including any rules that are included. 40 CFR51.20(a).
    Section 28.6 of the Act does not appear to preclude the possibility that the Board could
    hold a hearing on a proposal to update incorporations by reference, only that such hearings
    would no
    longer automatically be required.
    The Illinois EPA recommends that the language in
    subsection (c) ofthis Section be amended to include the possibility that a hearing could be held
    and still make use ofthe new streamlined regulatory process, e.g.,
    forgo the requirement that
    Department ofCommerce and Economic Affairs conduct an economic analysis:
    c)
    Sections 27 and 28 ofthe Act 415
    LCS
    5/27,28
    do not apply to rulemaking
    under this Section.
    415
    ILCS
    5/28.6(c)
    Accordingly, for rulemaking under this
    Section,
    the Board will not necessarily hold any public hearings nor will it request
    that the Department ofCommerce and Economic Opportunity conduct a study of
    the economic impact ofthe proposed amendment.
    Part
    104.Subpart C
    Provisional Variances:
    Pursuant to amendments to Section 37(b) ofthe Act
    authorizing the Agency to grant
    provisional variance requests, the Board is proposing to amend Subpart
    C ofPart 104 to reflect
    that it no longer has this authority and that such petitions should be directed to the Agency.
    The
    Agency notes that it isin the process ofupdating its procedural rules at 35
    Ill.
    Adm. Code
    180 to
    reflect this amendment to Section 37(b) ofthe Act.
    The Agency recommends that as an aid to
    petitioners that the Board’s procedural rules include a cross-reference to these procedural rules:
    Section
    104.304
    Initiating a Request
    Anyperson seeking a provisional variancepursuant to
    Section
    35(b)
    ofthe Act
    and 35
    Ill. Adm. Code 180
    shall make a request to
    theAgency.
    The Agency shall promptly
    investigate and consider the merits ofthe request
    Respectfully submitted by:
    Rachel Doctors
    Assistant Counsel
    Illinois Environmental Protection Agency
    Dated: June
    15,
    2004
    STATE OF ILLINOIS
    )
    COUNTY OF SANGAMON
    )SS.
    )
    PROOF OF SERVICE
    I, the undersigned, on oath state that I have served the attached Comments by Illinois
    Environmental Protection Agency upon the person to whom it is directed, by placing it in an
    envelope addressed to:
    TO:
    DorothyGunn,
    Clerk
    illinois Pollution Control Board
    James R. Thompson Center
    100 W. Randolph Street, Suite 11-500
    Chicago, illinois 60601
    LaDonna Driver
    Hodge DwyerZeman
    3150 Roland Avenue
    Springfield, Illinois 62705-5776
    RichardMcGill, Hearing Officer
    illinois Pollution Control Board
    James R. Thompson Center
    100 W.
    Randolph, Suite 11-500
    Chicago, Illinois 60601
    Robert Messina, General Counsel
    illinois Environmental Regulatory Group
    3150 Roland Avenue
    Springfield, Illinois
    62703
    and mailing it by First Class Mail from Springfield, Illinois on June
    15,
    2004, with sufficient
    postage affixed.
    SUBSCRIBED AND SWORN
    TO BEFORE ME
    this
    15th
    day ofJune, 2004
    ~k~ur
    Notary Public
    OFFICIAL
    SEAL
    BRENDA
    BOEHNER
    ~
    NOTARY
    PUBLIC,
    STATE
    OF
    ILLINOIS
    ~:
    ~~MV
    COMMISSION
    EXPIRES
    11.14.2OO5~i:
    THIS FILING IS SUBMITTED ON RECYCLED PAPER

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