ILLINOIS POLLUTION CONTROL BOARD
    March 17,
    1977
    IN THE MATTER OF
    )
    REVISIONS TO PART VI OF THE
    )
    R 75-1
    PROCEDURAL RULES
    )
    OPINION OF THE BOARD
    (by Mr. Goodman):
    Revisions to Part VI
    (as renumbered) of the l3oardts
    Procedural
    Rules,
    Il1.PCBRegs., Ch.1(1977), providing for new procedures pur-~
    suant to Rule 203(i) (5) of Chapter
    3:
    Water Pollution Regulations
    were ordered set for publication by Board Order of December 16,
    1976.
    The Board has received public comments
    from Union Electric Company,
    The Lake Michigan Federation,
    the Illinois Environmental Protection
    Agency,
    Central Illinois Public Service Company, Citizens for A Better
    Environment, Illinois Power Company, and US.
    EPA.
    All comments have
    been considered.
    In response to public comment several changes have been made.
    The first
    is that a hearing will be mandatory in order to satisfy the
    Rule 203(1) (5)
    requirements.
    Having considered the public comments
    of Citizens for A Better Environment and The Lake Michigan Federation,
    we have determined that the hearing requirement incorporated in Rule
    203(1) (5)
    is a substantive provision that cannot be modified without
    a regulatory amendment and that members of the public will benefit
    from the opportunity to express their views
    at hearing.
    Therefore,
    Rule 601 has been modified to incorporate the hearing requirement
    and Rule 605 has been similarly modified to provide for such require-
    ment.
    Two
    changes have been made in order to avoid excessive and
    duplicative hearings.
    First, Rule 605(c) provides that the record of
    any proceeding pursuant to Rule 203(i) (10)
    or Rule 410(c)
    of Chapter
    3 shall be incorporated into the Rule 203(i) (5)
    proceeding.
    Although
    the burden of proof is still on Petitioner, this Rule is intended to
    25
    —
    157
    —2—
    avoid extensive duplication of information already before the Board.
    In addition,
    under Rule 605(a),
    the Part III requirements
    as
    to the
    County
    in which
    the hearing
    is
    to be held are not applicable
    to Rule
    203(i) (5)
    hearings.
    This provision
    is intended to enable the Board
    to consolidate Rule 203(i) (5)
    hearings,
    holding several on one day
    in one location
    in the interest of saving time and expense.
    Having considered the comments of the Illinois Environmental
    Protection i~gency (Agency),
    the Board has modified the requirement
    under Rule
    604 that the Agency write
    a recommendation
    in each case
    to allow the Agency discretion
    in determining whether
    to write
    a
    recommendation.
    However,
    under Rule 603,
    the Agency has been joined
    as
    a party in all Rule 203(1) (5) hearings.
    Several other changes have been made
    in response
    to public
    comment.
    In response to Union Electric’s comment, Rule 602(c) (2)
    has been changed to allow a Petitioner to show the liklihood of
    worst-case discharge conditions
    in conjunction with the showing re-
    quired by that Rule.
    In response to The Lake Michigan Federation,
    we have allowed additional response periods
    in Rules
    605(a)
    and
    (b).
    Several changes have also been made
    in response to comments by U.S.
    EPA.
    Under the Rule
    602 requirements
    for Petition we have added a
    provision requiring sources to indicate the estimated retirement date
    for each unit at the plant and any plans
    for additional units.
    We
    have also added
    a phrase to Rule 602(c) (1) requiring plume studies
    t1
    be correlated with plant operation and meteorological conditions.
    We
    have changed Rule 602(d) (1)
    to clarify that biological
    studies shall
    include both the lethal and sublethal effects of the thermal discharge.
    And,
    as
    a final response to U.S. EPA’s comments,
    we have added the
    words “and still accurate”
    to Rule 602(d) (4) which permits the use of
    an environmental impact study to satisfy the showing required under
    paragraph
    (d).
    This change
    is intended to prevent the use of an en-
    vironmental impact statement when significant changes have occurred
    subsequent
    to
    its approval.
    Rule 602(d)
    has also been changed to
    allow
    a showing pursuant to Rule 203(i) (10)
    or Rule
    410(c)
    to satisfy
    thc?
    r~qui
    rm~nt~
    of
    thrit
    y)ar~qraph.
    I’!~(~
    J~
    r
    VI
    r(’v
    isions
    to
    Lhc P
    rocedur~
    L
    Ru
    lus
    as outimed herein
    were adopted by the Board on March
    3,
    1977.
    They
    are to become
    effective on April
    1,
    1977.
    Mr. Zeitlin dissents.
    25
    —
    —3—
    I,
    Christan L.
    Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify the above Opinion was adopted on the
    )7~
    day of
    JYA.J~
    ,
    1977 by a vote of
    ~
    Christan
    L. Moffe~4l)Clerk
    Illinois Po1lution~ontrol Board
    25
    —
    159

    Back to top