ILLINOIS POLLUTION CONTROL BOARD
June
4,
1992
IN THE
MATTER
OF:
).
)
AMENDMENTS TO 35 ILL.ADM.
)
R92-7
CODE 101.103(d) REGARDING
)
(Rulemaking)
RECYCLED PAPER
)
Proposed Rule.
First Notice.
OPINION
AND
ORDER OF THE BOARD
(by J. Theodore Meyer):
On May 19,
1992, Business and Professional People for the
Public Interest
(BPI)
filed
a petition to amend the Board’s rule
requiring the use of recycled paper.
BPI seeks to make technical
corrections to the rule, because the statutory definition of
recycled paper has been revised and recodified.
On May 21,
1992,
this Board accepted the proposal.
The Board noted that because
this proposal seeks to amend a procedural rule,
several aspects
of “regular” rulemaking do not apply to this proceeding.
For
example, the Board is not required to hold hearings other than
within the context of the Administrative Procedure Act (APA).
(Ill.Rev.Stat.199l,
ch. 127,
par. 1001 et seq.)
The Board’s recycled paper rule,
adopted in R90-24 and found
at 35 Ill.Adm.Code 101.103(d),
refers to Section 3(f) of the
Illinois Solid Waste Management Act (Ill.Rev.Stat.
1989,
ch.
111
1/2, par. 7053(f))
for the definition of “postconsumer
material.”
In its proposal, BPI states that Section 3(f)
of the
Illinois Solid Waste Management Act no longer exists
in the same
form.
BPI states that the General Assembly amended Section 3 by
changing the definition of recycled paper and recodifying the
definition.2
The Illinois Solid Waste Management Act now
requires that recycled paper contain at least 50
“recovered
paper material”, and establishes a phased—in schedule under which
the percentage of postconsumer material in “recovered paper
material” is 20
in
1992,
increasing to 50
by the year 2000.
Therefore,
BPI contends that to ensure consistency between the
Board’s rule and the statutory language, and to avoid any
confusion,
the Board’s rule should be amended to incorporate the
The Board notes that although BPI states that the existing
rule refers to Section 3(f)
for the definition of “recycled
paper”,
in fact the existing rule refers to Section 3(f) only for
the definition of “post—consumer material.”
2
The change was made in Public Act 87—485, effective
January
1,
1992.
134—237
2
new definition of recycled paper.
Today the Board sends this proposal to first notice,
as
required by Section 5.01 of the APA.
The Board has made minor
changes to the language and organization of the proposal.
Instead of incorporating a reference to the statute as amended,
as proposed by BPI, the Board has spelled out the requirements
for “recyôled paper” within the text of the rule.
Additionally,
the Board has proposed definitions of “deinked stock”, “recovered
paper material”, and “postconsumer material” in the existing
definitions section (Section 101.101).
These definitions are
based upon the statutory language of Public Act 87-485, adding
new Section 3(f)
to the Illinois Solid Waste Management Act.
The
changes have been made to conform to APA and Administrative Code
Division requirements, and in an attempt to avoid further
amendments in the event of another recodification.
The Board
emphasizes that in sending the proposal to first notice,
it
adopts no substantive position on the merits of the proposal.
The Board believes that publishing the proposal at this time will
maximize the opportunity for public comment on the proposal.
Additionally, beginning the statutorily-mandated notice and
comment periods at this time will allow for the most expeditious
resolution of this rulemaking.
The Board reminds all
participants that the statutory first notice comment period
closes 45 days after publication of this proposal in the Illinois
Register.
ORDER
The Board directs the Clerk of the Board to cause
publication of the following amendments in the Illinois Register.
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE A:
GENERAL PROVISIONS
CHAPTER
I:
POLLUTION CONTROL
BOARD
PART 101
GENERAL RULES
SUBPART A:
GENERAL PROVISIONS
Section 101.101
Definitions
The definitions of the Environmental Protection Act
(Ill.Rev.Stat. 19871991,
ch.
111 1/2,
par. 1001 et seq.)
apply to
this Part unless otherwise provided.
The following definitions
also apply to this Part:
“Act” means the Environmental Protection Act (Ill.Rev.Stat.
19871991,
ch.
111 1/2,
par. 1001 et seq.)
“Agency” means the Illinois Environmental Protection Agency.
134—238
3
“APA” means the Illinois Administrative Procedure Act
(Ill.Rev.Stat.19871991, ch. 127. par. 1001 et seq.)
“Attorney General” means the Office of the Attorney General
of the State of Illinois.
“Board” means the Illinois Pollution Control Board.
“Chairman” means the Chairman oT the Board.
“Clean Air Act” means the federal Clean Air Act
(42 U.S.C.
7401 et seq.
(194&~j~)).
“Clean Water Act” means the federal Clean Water Act
(33
U.S.C.
1251 et seq.
(19&&~jj).
“Clerk” means the Clerk of the Board.
“Contested case” means an adjudicatory proceeding,
including
but not limited to enforcement, variance, permit appeal,
adjusted standard, and administrative citation proceedings,
but not including regulatory, quasi-legislative,
informational, or similar proceedings.
“DEINKED STOCK” MEANS PAPER THAT HAS BEEN PROCESSED TO
REMOVE INKS. CLAYS.
COATINGS. BINDERS
AND
OTHER
CONTAMINANTS.
(Illinois Solid Waste Management Act, Section
2.1. P.A. 87—485, effective January
1,
1992.)
“Document” means pleading, notice,
motion,
affidavit,
memorandum,
brief,
petition, or other paper or combination
of papers required or permitted to be filed.
“DNS” means the Illinois Department of Nuclear Safety.
“ENR” means the Illinois Department of Energy and Natural
Resources.
“Evidence” means a paper, drawing,
map, chart,
report,
study,
or other tangible thing produced and submitted at
hearing, or testimony received at hearing.
“Initial filing” means the filing which initiates a Board
proceeding.
For example,
the initial filing in an
enforcement proceeding is the complaint;
in a permit appeal
is a petition for review, and in a regulatory proceeding is
the proposal.
There is only one initial filing in each
Board proceeding.
“JCAR” means the Joint Committee on Administrative Rules.
“Material” means relating to any substantive issue that is
134—239
4
of consequence to the determination of a proceeding.
“Participant” means any person, not including the Board or
its staff, who takes part in a regulatory or other quasi-
legislative proceeding before the Board.
A person becomes a
participant in any of several ways,
including, but not
limited to, filing a comment, being added to the notice list
of a particular proceeding,
or testifying at hearing.
“Party” means a person authorized by the Act to bring,
defend,
or intervene in a contested case before the Board.
“Person” means any person defined in Section 3.26 of the
Act, including but not limited to any individual,
partnership, company,
corporation, political subdivision, or
state agency.
“Postconsumer material” means PAPER.
PAPERBOARD,
AND
FIBROUS
WASTES FROM RETAIL STORES. OFFICE BUILDINGS,
HOMES, AND SO
FORTH, AFTER THE WASTE HAS PASSED THROUGH ITS END USAGE AS A
CONSUMER ITEM.
INCLUDING USED CORRUGATED BOXES, OLD
NEWSPAPERS, MIXED WASTE PAPER. TABULATING CARDS,
AND USED
CORDAGE.
“Postconsumer material also includes ALL PAPER,
PAPERBOARD, AND FIBROUS WASTES THAT ARE DIVERTED OR
SEPARATED FROM THE MUNICIPAL SOLID WASTE STREAM.
(Illinois
Solid Waste Management Act, Section 3(f)(2), P.A.
87-485,
effective January
1,
1992.)
“Procedural rules” means the Board’s procedural rules,
contained in 35 Ill.Adm.Code 101 through 120.
“Recovered paper material” means POSTCONSUMER MATERIAL, AND
DRY PAPER AND PAPERBOARD WASTE GENERATED AFTER COMPLETION OF
THE PAPERMAKING PROCESS
(THAT IS, THOSE MANUFACTURING
OPERATIONS UP TO AND INCLUDING THE CUTTING AND TRIMMING OF
THE PAPER MACHINE REEL INTO SMALLER ROLLS OR ROUGH SHEETS),
INCLUDING ENVELOPE CUTTINGS. BINDERY TRIMMINGS, AND OTHER
PAPER AND PAPERBOARD WASTE RESULTING FROM PRINTING, CUTTING,
FORMING, AND OTHER CONVERTING OPERATIONS.
OR FROM BAG, BOX
AND CARTON MANUFACTURING. AND BUTT ROLLS. MILL WRAPPERS.
AND
REJECTED UNUSED STOCK.
“Recovered paper material” also
includes FINISHED PAPER AND PAPERBOARD FROM OBSOLETE
INVENTORIES OF PAPER AND PAPERBOARD MANUFACTURERS,
MERCHANTS. WHOLESALERS. DEALERS,
PRINTERS,
CONVERTERS,
OR
OTHERS.
(Illinois Solid Waste Management Act, Section
3(f)(3),
P.A. 87—485, effective January
1.
1992.)
“Registered agent” means a person registered with the
Secretary of State for the purpose of accepting service of
notices for any entity, or a person otherwise authorized in
writing as an agent for the purpose of accepting service of
notices for that entity in Board proceedings.
134—240
5
“Relevant” means having any tendency to make the existence
of any fact that is of consequence to the determination of
the proceeding more probable or less probable than it would
be without that information.
“RCRA” means the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act of 1976
(42 U.S.C.
6901 et seq. (l98&~)).
“SDWA” means the federal Safe Drinking Water Act
(42 U.S.C.
300f et seq.
(19~&2jJ).
“Site—specific rule” means a proposed or adopted regulation,
not of general applicability, which applies only to a
specific facility or geographic site.
“Undue delay” means
a delay which is unwarranted,
unjustified,
improper,
or
is more delay than necessary.
“USEPA” means the United States Environmental Protection
Agency.
(Amended at 16 I1L.Reg.
____________
effective
_________________
Section 101.103
Form of Documents
a)
Documents shall clearly show the title of the proceeding in
which they are filed.
Appendix A of this Part sets forth
examples of proper captions.
Documents shall bear a heading
which clearly describes the nature of the relief sought,
such as, but not limited to “Petition for Amendment to
Regulation”,
“Complaint”,
“Petition for Variance”, “Petition
for Review”,
“Motion”,
or “Public Comment”.
b)
Except as otherwise provided, the original and nine
(9)
copies of all documents shall be filed with the Clerk.
Only
the original and four
(4)
copies of any discovery motion,
deposition,
interrogatory, answer to interrogatory, or
subpoena need be filed with the Clerk.
c)
After the filing of the initial document in a proceeding,
all filings,
including exhibits, shall include the Board
docket number for the proceeding in which the item is to be
filed.
If the filing is a document, the docket number shall
appear on the first page of the filing.
For filings which
are not documents, the docket number shall appear on a
readily visible portion of the filing.
d)
Documents, excluding exhibits, snall be typewritten or
reproduced from typewritten copy and double—spaced on
134—241
6
uncoated white paper of greater than 12 pound weight and
measuring 8” x 10 1/2” or 8 1/2” x 11”.
Reproductions may
be made by any process that produces legible black-on-white
copies.
All documents shall be fastened on the left side or
in the upper left corner.
The left margin of each page
shall be at least
1 1/2 inches and the right margin at least
one inch.
As of January
1,
1992,
all documents, excluding
exhibits, filed with the Board by attorneys or by organized
environmental and trade groups shall be submitted on
recycled paper.
For purposes of this Section,
“recycled
paper” means paper which contains at least 40
pootconoumer
50
recovered paper material.
Thc dcf-initiori of
“po~tconsumormaterial”
j3
act forth in Coction 3(f)
of the
Illinoici Colid Wacte Managcmcnt Act (Ill.Rcv.Ctat.
1989,
ch.
111 1/2, par. 7053(f)).
The recovered paper material shall
contain at least 20
deinked stock or postconsumer material,
until July 1. 1994; beginning July
1,
1994.
shall contain at
least 25
deinked stock or postconsumer material; beginning
July 1,
1996, shall contain at least 30
deinked stock or
postconsumer material; beginning July 1,
1998, shall contain
at least 40
deinked stock or postconsunter material; and
beginning July
1.
2000,
shall contain at least 45
deinked
stock or postconsumer material.
Either the certificate or
proof of service or the notice of filing accompanying all
documents filed by attorneys or by organized environmental
or trade groups shall state “THIS FILING IS SUBMITTED ON
RECYCLED PAPER”.
This statement shall be made at the bottom
of the first page of the certificate or proof of service, or
the notice of filing.
This recycled paper requirement does
not apply to stationery,
such as letterhead, when used for
cover letters or similar purposes.
Additionally, the Board
encourages all participants to double—side copies of
documents filed with the Board.
e)
The requirements of subsections
(b),
(c), and
(d) may be
waived by the Board upon written request.
A request for a
filing waiver shall be presented to the Board in the form of
a motion accompanied by affidavits necessary to verify any
factual assertions contained in the motion.
If the Board
finds that compliance with the filing requirements would
impose an undue burden, the Board will grant the motion.
f)
Exhibits, where possible,
shall be reduced to conform to the
size requirements of subsection
(d).
However,
one non-
conforming copy may be filed with the Clerk’s office.
g)
The original of each document filed shall be signed by the
party or by its authorized representative or attorney.
All
documents shall bear the business address and telephone
number of the attorney filing the document, or of the party
who appears on his or her own behalf.
The Clerk will refuse
to accept for filing any document which does not comply with
134—24
2
7
this subsection.
h)
Except as otherwise provided by Sections
1 through
4
of “AN
ACT in relation to the reproduction of public records on
film and the destruction of records so reproduced”
(Ill.Rev.Stat.
19871991,
ch.
116, pars.
35—38),
or by leave
of the Board, documents on microfiche are not acceptable for
filing.
(Source:
Amended at 16 Ill.Reg.
________,
effective
___________
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby cert~ythat the ab
e opinion and order was
adopted on the
~
day of
•
,
1992, by a vote
of
7—~
.
~
Dorothy M.
G,~inn, Cletk
Illinois Po~1utionControl Board
134—243