ILLINOIS POLLUTION CONTROL BOARD

December 16,

1993

IN THE MATTER OF:

)

R86—9(B)

HAZARDOUS WASTE PROHIBITIONS

)

(Rulemaking)

Proposed Rule. Dismissal Order.

ORDER OF THE BOARD

(by G.

T. Girard):

In October 1986 the Board adopted an emergency rulemaking

essentially prohibiting the Illinois Environmental Protection

Agency

(Agency) from enforcing certain interpretive provisions of

Section 39(h)

of the Environmental Protection Act.

The Board

enacted the emergency rule largely due to a concern that the

Agency would attempt to initiate wide-scale industrial internal

process changes.

This rulemaking was appealed by Citizens For A

Better Environment

(CBE).

On appeal, the court did not reach the

substance of the proposal, but instead dismissed the rule finding

that no emergency existed, CBE v. Pollution Control Board,

152

Ill.

App. 3d 105 (1st Dist.

1987).

In August 1990 the Board decided by a 4-3 vote that Section

39(h) needed to be clarified in this rulemaking docket.

Since

the August 1990 decision by the Board no substantive action has

taken place.

This docket has now been open for 7 years.

The

Board has received no additional requests for action.

There have

been no objections to the Agency implementation of Section 39(h)

filed in this docket.

In summary, the record lacks up—to-date

information on the implementation of Section 39(h)

and there does

not appear to be a need for this rulemaking.

Therefore,

the

Board will dismiss this docket at this time.

The Board notes that if any of the participants believe that

rulemaking is still necessary a new petition may be filed under a

new docket number.

IT IS SO ORDERED

I, Dorothy M.

Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above order was adopted on the

~

day of

___________________,

1993, by a vote

of

~7—C’

Control Board