ILLINOIS POLLUTION CONTROL BOARD
November 15, 2001
IN THE MATTER OF: )
)
WASTEWATER PRETREATMENT ) R02-3
UPDATE, USEPA AMENDMENTS ) (Identical-in-Substance
(January 1, 2001 through June 30, 2001) )
Rulemaking - Public Water Supply)
Proposed Rule. Proposal for Public Comment.
ORDER OF THE BOARD (by N.J. Melas):
The Board received a motion for expedited consideration from the Illinois Environmental
Protection Agency (Agency) and the Metropolitan Water Reclamation District of Greater
Chicago (MWRDGC) on October 31, 2001. By that motion, the Agency and the MWRDGC
requested that the Board expedite consideration of certain amendments adopted by United States
Environmental Protection Agency (USEPA) on October 3, 2001. Those federal amendments are
intended to implement the federal Project eXellence and Leadership (Project XL). The joint
motion requested that the Board incorporate the October 3, 2001 federal amendments into the
wastewater pretreatment amendments proposed by the Board in Wastewater Pretreatment
Update, USEPA Amendments (January 1, 2001 through June 30, 2001), R02-3 (October 4,
2001).
The Board has considered the joint motion for expedited consideration, and we will grant
the motion by considering the federal amendments of October 3, 2001, under a separate
wastewater pretreatment update docket, R02-9, opened in a separate order today.
We will not consider the federal amendments in this docket, R02-3. The Notice of
Proposed Amendments for the R02-3 proceeding has already appeared in the
Illinois Register
, on
October 26, 2001 (at 25 Ill. Reg. 13373). The R02-3 proceeding further involves a very narrow
subject matter that is distinct from the federal amendments of October 3, 2001: a single set of
federal technical corrections to the test procedures for determination of mercury in water and
wastewater, adopted by USEPA on June 18, 2001 (at 66 Fed. Reg. 32774). It will require only
an update of the version of 40 C.F.R. 136 incorporated by reference in 35 Ill. Adm. Code
310.107. Opening a separate docket to handle the Project XL rules is the more appropriate
action under these circumstances.
For the foregoing reasons, the Board hereby grants expedited consideration of the federal
amendments of October 3, 2001, by opening a new docket, R02-9, to consider that federal action.
However, the Board declines to introduce the subject matter of the October 3, 2001 federal
amendments into this docket, R02-3.
2
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, do certify that the
Board adopted the above order on November 15, 2001, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board