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