ILLINOIS POLLUTION CONTROL BOARD
    April
    7,
    1988
    IN THE NIATTER OF:
    SPECIAL WASTE CATEGORIZATION
    )
    R85—27
    INTERIM ORDER OF THE BOARD
    (by J. Anderson):
    This ongoing R85—27 proceeding was initiated
    to implement
    Section
    22.9
    of the Environmental Protection Act (Act), which
    requires the Board, after
    receiving
    a study from the Department
    of Energy and Natural Resources
    (DENR),
    to adopt regulations
    “that establish standards and criteria for classifying special
    wastes according
    to
    the degree of hazard or
    an alternative
    method.”
    This R85—27 proceeding
    also
    includes the record from the now
    dismissed R84—43 proceeding
    (See Board Interim Order
    of December
    17,
    1987).
    The Board believes that
    it
    is necessary and appropriate
    to
    begin now to develop
    a draft regulatory proposal
    in this R85—27
    Docket.
    It was not realistic
    to proceed earlier.
    The various
    subject matters
    in this proceeding were affected by
    determinations made by the Board
    in
    its R88—7 landfill
    regulations,
    now proposed
    for First Notice.
    Additionally,
    hearings
    in
    the R84—43/R85—27 Dockets indicated the need
    for
    further DENR study.
    The final segment
    of those additional
    studies
    is expected shortly.
    The Board hereby directs
    its Scientific/Technical Section
    (STS)
    to prepare recommenc~edregulations
    to be submitted
    to the
    Board on or before June
    7.
    Consistent with the Board’s
    Resolution 88—1 the STS’
    recommended regulations will then be
    dispatched
    to the Illinois Register
    for first notice publication,
    to be followed by hearings and subsequent Board review and
    determinations.
    During
    the process of developing
    the recommended
    regulations,
    it
    is anticipated that STS staff will be consulting
    about substantive matters with
    a number of individuals external
    to the Board.
    Therefore,
    consistent with the Board’s “Protocols
    of Operation
    For the Scientific/Technical Section”,
    RES 86—1,
    January 23,
    1986,
    and given
    the Board’s intention of utilizing
    STS staff
    to provide substantive
    testimony,
    such
    “person(s)
    shall
    be considered
    to be exterior
    to the Board and communications
    between
    the Board
    and the STS person(s)
    on all matters related to
    the proceeding
    in question shall
    be subject
    to exparte
    restrictions,
    as prescribed
    in
    35
    Ill.
    Adm.
    Code 101.121.”
    This
    88—115
    —2—
    does
    not preclude the STS from consulting
    with staff attorneys
    concerning matters
    of form and procedure.
    Finally,
    the Board wishes to note that, while
    it believes
    it
    must expedite the process
    in
    this proceeding,
    it is also the
    Board’s intent
    to encourage public participation.
    The Board
    believes
    that both of these goals will
    be met by utilizing the
    STS proposal
    to refine the
    issues and to more closely focus any
    debate.
    IT
    IS SO ORDERED.
    I,
    Dorothy M.
    Gunn, Clerk of
    the Illinois Pollution Control
    Board,
    hereby cert~y that the above Interim Order was adopted
    on
    the
    7’~
    day of
    ______________,
    1988,
    by
    a vote of
    7—c
    Illino
    Pollution Control Board
    88—116

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