ILLINOIS POLLUTION CONTROL BOARD
    April
    12,
    1990
    IN THE MATTER OF:
    USED AND WASTE TIRE REGULATION
    )
    R90-9
    (35 ILL.
    ADM. CODE 848)
    )
    (Rulemaking)
    ORDER OF THE BOARD
    (by
    J.
    Marlin):
    On April
    6,
    1990,
    the Illinois Environmental Protection
    Agency
    (Agency) filed a proposal
    for rulemaking pursuant
    to
    Section 55.2(a)
    of
    the Environmental Protection Act
    (Act).
    Ill.
    Rev. Stat.
    1987,
    ch. 11l~, par.
    1055.2,
    as amended by P.A.
    86—
    452.
    This proposal by the Agency sets forth provisions for the
    regulation
    of disposal and storage of used and waste tires.
    Section 55.2 of the Act requires the Agency
    to submit such a
    proposal by July
    1,
    1990 and that the Board adopt such proposal
    pursuant
    to Sections
    27 and
    28
    of
    the Act within one year.
    This
    proposal for rulemaking
    is accepted for hearing with directions
    to
    the Hearing Officer.
    A preliminary review of
    this proposal
    by the Board and its
    staff reveals
    that, while
    on the whole this proposal comports
    with the requirements
    of the Board’s proposed R88—5B rules,
    there
    are a few Sections of
    the proposal which do not conform with
    certain content and drafting requirements of the Illinois
    Administrative Procedure Act and implementing
    regulations adopted
    by the Secretary Of State and the Joint Committee on
    Administrative Rules
    (as codified
    at
    1
    Iii.
    Adrn.
    Code 100
    et
    seq.
    and 200
    et seq.).
    For example,
    Sections 848.104 and 502—506 all
    contain statutory language without including citations
    to the
    Act.
    Also,
    Section 848.201
    is confusing and contains
    redundancies.
    Therefore,
    the Board directs the Hearing Officer
    to order the Agency
    to submit amendatory language
    to correct
    these deficiencies prior
    to holding
    a hearThg on this proposal
    for rulemaking.
    However,
    given
    the small
    number
    of amendments
    required,
    the Hearing Officer may schedule hearing
    in advance
    of
    receipt of
    the amended language, provided that amended
    language
    is available well
    in advance
    of hearing.
    The Board also notes
    that
    acceptance
    of this proposal for
    hearing begins
    the calculation of
    time,
    pursuant
    to Section 28
    of
    the Act,
    during which the Board must determine whether
    or not an
    Economic
    Impact Study
    is necessary for this proposal.
    IT
    IS SO ORDERED.
    110—333
    —2—
    I,
    Dorothy
    M.
    Gurin,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the
    ~~day
    of
    _______________
    ,
    1990,
    by a vote of
    ‘
    Dorothy M. ,Gunn, Clerk
    Illinois Pollution Control Board
    11 0—334

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