ILLINOIS POLLUTION CONTROL BOARD
December 4,
1990
IN THE
MATTER
OF:
)
)
AMENDMENTS TO 35 ILL.ADM.CODE
)
R90-24
101.103(d)
TO REQUIRE USE OF
)
(Rulemaking)
RECYCLED PAPER FOR ALL DOCUMENTS
)
FILED WITH THE BOARD
)
ORDER OF THE BOARD
(by J. Theodore Meyer):
This matter is before the Board on a petition for rulemaking,
filed by Business and Professional People for the Public Interest
(BPI)
on November
21,
1990.
BPI
asks
the Board
to
amend
its
procedural
rules
to
require the use
of
recycled paper
for all
documents filed by attorneys with the Board.
The Board finds that
the proposal satisfies the applicable content requirements of 35
Il1.Adm.Code
102.121.
Because the petition seeks to
amend
the
Board’s procedural rules, several aspects of “regular” rulemaking
do not apply to this proceeding.
For example, the provisions of
Section 27
of the Environmental Protection Act
(Act)
relating to
economic
impact
studies
are
not
applicable
to
procedural
rulemakings pursuant to Section 26 of the Act.
Additionally, the
Board
is
not required
to hold hearings,
other
than within the
context of
the Administrative Procedure
Act.
BPI has requested
“oral argument”, however, and the Board construes this as a request
for hearing.
The
Board
will hold at least one hearing on this
proposal, and the hearing officer is directed to schedule hearings
pursuant
to
35 Ill.Adm.Code 102.161.
The hearing officer shall
consult
with
the
Board’s
office
manager
before
actually
establishing a hearing date, in order to assure that hearing funds
are available.
In addition to the issues raised in BPI’s proposal, the Board
requests testimony and comment on three related issues during the
hearing process:
1.
Whether the photocopiers generally used by those appearing
before the Board are compatible with recycled paper;
2.
Whether the scope
of the proposal should be expanded to
include documents filed by organized environmental and trade
groups,
whether
or
not
those
groups
are
represented
by
attorneys; and
3.
What sanctions should be imposed for failure to comply
with required use of recycled paper.
Finally,
the
Board notes
that
it has
slightly revised the
117—21
2
caption
of
this proceeding.
All participants
should
use
this
caption in future filings.
IT IS SO ORDERED.
I, Dorothy N.
Gunn,
Clerk
of the Illinois Pollution Control
Boa
hereby
certi
that the above
Order was
adopted on
the
_______
day of
-
~1990,by a vote of
~
(
Illino
tion Control Board
117—22