ILLINOIS POLLUTION CONTROL BOARD
    December
    3, 1981
    IN THE MATTER OF:
    )
    AMENDMENTS TO CHAPTER
    3:
    )
    R76—21
    WATER POLLUTION
    (EFFLUENT STANDARDS)
    )
    FINAL ORDER.
    ADOPTED RULE
    ORDER OF THE BOARD (by J.D.
    Dumelle):
    On February 19,
    1981 the Board adopted a proposed rule,
    first notice Order
    (5 Ill. Reg.
    2629, March 13,
    1981).
    This
    was modified in response to comments in
    a proposed rule,
    second
    notice Order
    (August 20,
    1981).
    The second notice period
    commenced October
    9,
    1981.
    The Joint Committee on Administrative
    Rules had no objection to the August 20 rules.
    They are now
    ready for filing and final publication in the Illinois Register.
    On September 24,
    1981 the Board adopted a proposed Opinion
    reviewing the record and comments following the first notice.
    The Board received a comment from the Illinois Environmental
    Protection Agency (Agency) concerning the proposed Opinion
    and proposed Rule 412 concerning new source performance standards.
    The
    Agency indicates that,
    in addition to its objections to this
    rule in its original comments, it now believes that federal
    new source performance standards are not sufficiently stringent.
    The Agency believes that there is little evidence in R76—21
    comparing new source performance standards to state limitations.
    The comparison is not obvious from the rules themselves because
    the federal rules are usually stated as a mass per unit of
    production in contrast to the State’s concentration based
    standards.
    However, because the first notice period was over
    before the comment was received and because the Joint Committee
    on Administrative Rules has now passed on the rules, the Board
    is unable to delete Rule 412.
    The Board further notes that the
    Agency’s comment was the only adverse comment on Rule 412.
    The Board hereby adopts its proposed Opinion of September
    24, 1981 as its final Opinion and the rules as set forth in the
    August 20, 1981 second notice Order.
    The Clerk is directed
    to file the rules with the Secretary of State and publish a
    notice of adopted rules in the Illinois Register.
    IT IS SO ORDERED.
    44—203
    I,
    Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control Boa~ hereby certify that the above
    Order was adopted
    on the
    ‘.3”
    day of
    ~~2~-r~-&--(
    ,
    1981 by
    a vote of
    ~
    Ch~istanL. Moffett~~/~4erk
    Illinois Pollution ~e~rol
    Board
    44—204

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