ILLINOIS POLLUTION CONTROL BOARD
    February
    3,
    1994
    IN THE MATTER OF:
    )
    R93—20
    PRETREATMENT UPDATE,
    )
    (Identical in Substance
    USEPA REGULATIONS,
    )
    Rulemaking)
    (1—1—93 THROUGH 6—30—93)
    )
    EXTENSION OF TIME.
    ORDER OF THE BOARD
    (by J. Theodore Meyer):
    Section 13.3 of the Environmental Protection Act
    (Act)
    (415
    ILCS 5/13.3
    (1992))
    requires the Board to adopt regulations which
    are “identical in substance” to USEPA rules adopted to implement
    Sections 307 and 409 of the Clean Water Act.
    The term “identical
    in substance” is defined in Section 7.2 of the Act.
    Section
    7.2(b)
    of the Act requires the Board to adopt a rule within one
    year of adoption of the federal rule, unless the Board extends
    the time based on a finding that the time is insufficient and
    stating the reasons for the extension.
    It appears that adoption
    of the regulations in this docket will be late.
    Therefore, the
    Board is entering this order to extend the time.
    The federal wastewater pretreatment regulations are found at
    40 CFR 400 through 499.
    This rulemaking updates the Illinois
    pretreatment rules
    (codified at 35 Ill. Adm. Code 307,
    309, and
    310) to correspond with federal amendments adopted in the period
    from January 1
    through June 30, 1993.
    The only federal
    amendments adopted during this period are amendments to the
    federal sewage sludge management rules, adopted on February 19,
    1993, at 58
    Fed.
    Reg. 9248.
    Those February 19 amendments include
    amendments to 40 CFR 403.
    The Illinois counterpart to Part 403
    ~5
    35 Ill.
    Adm. Code 310.
    The Board hereby finds that an extension of time is
    necessary.
    This proceeding has been delayed while the Board
    considers its authority to adopt the February 19 federal
    amendments under the identical in substance provisions of the
    Act.
    Those federal rules amend the removal credits provisions,
    limiting the availability of credits to certain contaminants
    based on the treatment works’ sewage sludge use or disposal
    practices.
    If those amendments are viewed as substantive
    limitations on the treatment works’ ability to manage its
    pretreatment program, those amendments are an essential part of a
    federally—approvable wastewater pretreatment program.
    However,
    the February 19 amendments assert Section 405 of the Clean Water
    Act as authority for the amendments.
    Section 13.3 of the Act
    only allows the Board to adopt rules that are identical in
    substance to federal regulations adopted under Sections 307 and
    402 of the Clean Water Act.
    2
    The presently-anticipated date for further Board action in
    this proceeding is at the Board meeting of March
    3 or 17,
    1994.
    At that point,
    the Board will decide whether to proceed with a
    proposal, solicit public comments, or dismiss this docket.
    If
    the Board decides to proceed, this docket will be completed as
    soon as possible, taking into account the required notice and
    comment provisions of Section 13.3.
    Pursuant to Section 7.2(b) of the Act, the Board will submit
    a copy of the text of this order for publication in the Illinois
    Register as expeditiously as possible.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Bgard
    hereby cer
    y that the above order was adopted on the
    ______
    day of
    _______________,
    1994, by a vote of
    7-O
    Dorothy N. A7unn, Clerk
    Illinois I~lutionControl Board

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