ILLINOIS POLLUTION CONTROL BOARD

July

10, 1980

IN THE MATTER OF PROPOSED

)

AMENDMENTS TO PROCEDURAL

)

R80-12

RULES 401 and 405.

PROPOSED RULE, FIRST NOTICE

ORDER

OF THE BOARD

(by D. Satchell):

The Board proposes to

amend

parts of Rules 401 and

405

of

the Procedural Rules.

Deletions from the existing rules have

been stricken and new language is underlined.

401(d)

All petitions for variances from Title II of the Act or

from Chapter

2, Air Pollution of the Board’s Regulations

shall

~

g-b.ha~ indicate

whether

the

Board

may

grant

the

requested

relief

consistent

with

the Clean Air Act

(42 U.S.C.

§7401 et seq.)

and the Fed—

eral regulations adopted pursuant thereto.

If granting

a variance would constitute issuance of a delayed coin—

pliance order as that term is defined in 40 C.FR.

§65.01

(e), the petition shall ~1~ew-~a~ indicate whether the

requested relief is consistent with Section 113(d) of the

Clean Air Act

42

U.S.C.

§7413(d)J

and 40 C.F.R.

§S65.01—

65-10 and 65.181.

If granting a variance would require..

revision of the State Implementation Plan,

the petition

shall

51ww—~ew

indicate whether the requirements of

Section 110(a) of the Clean Air Act

42

U.S.C.

§7410(ail

and 40 C.F.R.

Part 51 will be satisfied.

401(e)

All petitions for variance from Title III of the Act;

from Chapter

3, Water Pollution of the Board’s Regula-

tions; or from water pollution related requirements of

any other title of the Act or chapter of the Board’s

regulations shall ~

indicate

whether the Board may grant the relief consistent with

the Clean Water Act

(33 U.S.C.

§1251 et seq.), U.S.E.P.A.

effluent guidelines and standards,

any other Federal

regulations or any areawise waste treatment management

plan approved by the Administrator of US.E.P.A. pursuant

to Section 208 of the Clean Water Act

(33 U.S.C.

§1288).

401(f)

All petitions

for variances from Title

IV

of the Act or

from Chapter 6, Public Water Supplies of the Board’s

Regulations shall ~

indicate whether the Board may grant the relief con-

---

—2--

sistent with the Safe Drinking Water Act

(42 U.S.C.

§300

f et seq.)

and the U.S,E.P.A.

Drinking Water

Regulations

(40 C.F.R. Part 141).

401(g)

The petition may include an analysis of applicable

federal law and legal arguments and facts which may

be necessary to show compliance with federal law.

If

it does not and petitioner subsequently files a pleading

containing such, it will be deemed an amended petition.

4~-~g3~

The failure to satisfy the requirements of this Rule,

401(h)

to the extent that the Board is not reasonably informed

of petitioner’s circumstances, will render the Petition

for Variance subject to dismissal for inadequacy, un-

less the Board shall rule otherwise.

405

Agency Investigation and Recommendation

405(a)

After investigating the variance petition and consider-

ing the views of persons who might be adversely affected

by the grant of a variance, the Agency shall within

thirty days of the filing of the petition or any amend-

ment thereto make a recommendation to the Board on the

disposition

of the petition.

The recommendation shall

include:

1.

A description of the efforts made by the Agency

to investigate the facts

as alleged and to ascer-

tain the views of persons who might be affected

and

a summary of the views so ascertained;

2.

A statement of the degree to which, if at all, the

Agency disagrees with the facts as alleged in the

petition, including facts refuting any allegations

in the Petition for Variance;

3.

Allegations of any other facts the Agency believes

relevant to the disposition of the petition;

4.

The Agency~sestimate of the costs that compliance

would impose on the petitioner and on others and

of

the injury that the grant of the

variance

would

im-

pose

on the public including the effect that contin-

ued discharge of contaminants will have upon the

environment;

and

---

—3—

5.

The Agency’s ~

~

~

ed-by—R~e-44d)-7-Ee3-7-of—+f3-analysis of

ap~licab1efederal laws and regulations and an

opinion concerning the consistency of the petition

with such federal laws and regulations.

6.

The Agency’s conclusion of what disposition should

be made of the petition.

405(b)

The Agency shall

serve a copy of its recommendation on

the petitioner in accordance with Rule 305(b).

Failure

of the Agency to timely file its recommendation shall

be grounds for the Hearing Officer to adjourn the hear-

ing to a date which will allow reasonable time to

prepare.

The record will be held open for comment for forty-five days

after the date of publication in the Illinois Register.

IT IS SO ORDERED.

I, Christan L.

Moffett, Clerk of the Illinois Pollution

Control

Board,

hereby

certify

that

the

above

Order

wa~sadopted

on

the

ttc~

day

of

____________,

1980

by

a

vote

of

~?~-p

lerk

Illinois

Pollut~on

Control

Board