ILLINOIS POLLUTION CONTROL BO1~RD
    November
    3, 1983
    IN THE MATTER OF:
    )
    )
    R82~19
    PHASE
    II RCRA RULES
    )
    and
    IN THE MATTER OF:
    )
    )
    R83~24
    TECHNICAL CORRECTIONS
    TO
    )
    PHASE II RCRA RULES
    ORDER OF THE BOARD
    (by D,
    Anderson):
    On October 13,
    1983 Illinois Power Company filed a motion
    for reconsideration and a motion to correct error with respect
    to the final rules which were filed with the Secretary of State
    on October 12,
    1983.
    The Board~sOrder of July 26,
    1983 keyed
    the appeal period to the date
    of filing
    of the rules.
    Once a rule has been
    filed,
    motions for reconsideration
    are untimely, as the Board~sauthority to change filed rules
    without initiating a new rulemaking is questionable.
    Therefore
    the motions to reconsider and correct error are denied.
    However,
    for the purpose of considering
    the changes
    in
    the
    filed rules requested
    in the motions,
    the
    Board will
    construe
    them as
    a petition for rulemaking.
    Illinois Power requests that all of
    Part
    703 be
    made
    immediately effective.
    The Board
    is
    reluctant
    to consider
    such
    major change without affording other participants the opportunity
    to respond.
    Furthermore, additional requests for changes could
    yet be filed.
    Amendment of the rules,
    which involves substantial
    paperwork, would be far simpler to
    do all at once~
    The Board
    will therefore defer action on any proposed changes.
    The Board invites filing
    of additional requests for changes
    through November 16,
    and responses through
    November 30,
    1983.
    This, and any other requests
    for changes will be docketed as
    R83—24,
    In the Matter of Technical Corrections to Phase II RCRA
    Rules.
    The Board also notes two related problems with the rules
    which are not addressed in the Illinois Power motion.
    First,
    the
    main source note to Part 703 indicates that
    it
    is effective
    immediately,
    in conflict with Section 700~106,
    Second,
    a conflict
    with the
    local government siting approval process may arise if
    Section 700.501(b)
    is made immediately effective.
    The Board
    solicits comment on these problems through November
    30.
    IT
    IS SO ORDERED.
    Board Chairman J.D, Dumelle concurred.
    I, Christan
    L, Moffett,
    Clerk of the Illinois Pollution
    Control Bofld, hereb
    certify that the above Order was a4Qpted
    on the
    ~“
    day o
    ~
    1983 by a vote of ~
    Illinois Polluti
    Board
    54-342

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