ILLINOIS POLLUTION CONTROL BOARD
    February 1, 2001
    IN THE MATTER OF:
    REVISIONS TO ANTIDEGRADATION
    RULES: 35 Ill. Adm. Code 302.105,
    303.205, 303.206, and 106.990-106.995
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    R01-13
    (Rulemaking – Water)
    ORDER OF THE BOARD (by G.T. Girard, R.C. Flemal, N.J. Melas):
    On January 29, 2001, the Board received a motion (Mot.) filed by the Illinois
    Environmental Regulatory Group (IERG) asking the Board to strike testimony filed by the
    Illinois Department of Natural Resources (IDNR). Also on January 29, 2001, the Board
    received a supplemental motion to strike filed by the Illinois Steel Group. Although the time
    for responding to the motions to strike has not passed, the Board will rule on the motions to
    prevent undue delay in this proceeding. See 35 Ill. Adm. Code 101.500(d).
    IERG argues that the testimony of David L. Thomas, filed by IDNR, should be stricken
    because the testimony proposed that the “Board should consider four water bodies ‘for
    immediate ORW [outstanding resource water] designation’ in this rulemaking.” Mot. at 3.
    IERG asserts that the purpose of this rulemaking is not to designate particular water bodies as
    ORWs. Mot. at 4. IERG maintains that the rules for designating ORWs do not exist and
    therefore IDNR’s request is premature. Mot. at 6 and 8. The Illinois Steel Group joins in
    IERG’s arguments.
    The Board agrees with IERG that one of the purposes of this rulemaking is to develop
    and establish a procedure by which waters of the State of Illinois can be designated as
    outstanding resource waters. The Board also agrees that the procedural regulations for
    designating outstanding resource waters are not in place, so, therefore, the Board will not
    designate any specific water bodies as outstanding resource waters in this rulemaking.
    However, in a rulemaking all information that is relevant and not repetitious or privileged may
    be admitted. See 35 Ill. Adm. Code 102.206. Although it may be premature to consider
    whether or not to designate a specific water body as an outstanding resource water, the
    testimony offered by IDNR is informative and the Board will consider any relevant testimony
    by IDNR in light of the purposes of this rulemaking. The Board does not believe that the
    testimony of David L. Thomas filed by IDNR should be stricken.
    For the reasons discussed above, the Board denies the motions to strike. The Board
    clarifies that one of the purposes of this rulemaking is to establish the procedures for
    determining outstanding resource waters, and accordingly, no specific water bodies will be
    designated as outstanding resource waters in this rulemaking.
    IT IS SO ORDERED.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 1st day of February 2001 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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