ILLINOIS POLLUTION CONTROL BOARD
    January 9,
    1992
    IN THE
    MATTER
    OF:
    )
    )
    SDWA UPDATE, USEPA REGULATIONS
    )
    R91-3
    (7/1/90
    —
    1/31/91)
    )
    (Identical in Substance
    )
    Rules)
    EXTENSION OF TINE
    ORDER OF THE BOARD
    (by J.
    Anderson):
    Section
    17.5
    of
    the
    Environmental
    Protection
    Act
    (Act)
    requires the Board to
    adopt regulations which
    are identical
    in
    substance to federal regulations promulgated by USEPA to implement
    the public water supply aspects of the federal Safe Drinking Water
    Act.
    Section
    7.2(b)
    of
    the
    Act
    requires
    that
    identical
    in
    substance rulemakings be completed within one year after the first
    USEPA action in any six month batch period.
    If the Board is unable
    to do so it must find that an “extension of time”
    is necessary,
    give
    the
    reasons why
    the
    one year
    period
    is
    insufficient
    for
    completion of the rulemaking,
    publish the finding and reasons
    in
    the Illinois Register and specify a date when the Board anticipates
    completion of the rulemaking.
    The Board hereby finds that an extension of time is needed.
    June
    4,
    1992 is the anticipated completion date and the reasons are
    as follows:
    USEPA did not take any regulatory action during the normal six
    month
    batch
    period
    for
    this
    Update,
    i.e.
    7/1/90
    —
    12/31/90.
    However,
    UPEPA did adopt
    a major
    rulemaking
    in the January
    30,
    1991, Federal Register (the “Phase II Rules”).
    The Board therefore
    expanded the scope
    of this Upate Docket to include the Phase
    II
    rules,
    and promptly began
    developing
    a
    Proposal.
    However,
    the
    Phase
    II
    rules
    have a
    large number
    of
    errors,
    and the Board
    is
    addressing them now so as not to repeat them in the Board rules.
    Although many of these are errors which can be easily corrected,
    others are more complex.
    In many cases,
    it
    is unclear what USEPA
    intended
    to
    say
    in
    the
    rule.
    Moreover,
    these
    errors
    are
    so
    numerous that they frequently interact, so that the interpretation
    of one provision depends on the interpretation of several other
    unclear provisions.
    Both the USEPA and the Illinois Environmental
    Protection Agency have given some preliminary guidance.
    This has
    been a
    very time consuming process.
    The Board hopes
    to have a
    Proposal for Public Comment out by March
    1,
    1992.
    129—13 9
    2
    Pursuant to Section 7.2(b)
    of the Act,
    this Order will
    be
    published expeditiously in the Illinois Register.
    IT IS SO ORDERED.
    I, Dorothy N.
    Gunn,
    ClerK of the Illinois Pollution Control
    Board~,hereby certify
    hat the above Order was adopted on the
    day of
    ____________,
    1992, by a vote of
    -
    If
    ~
    4.
    .~
    ~Dorothy
    M. q4~in, Clerk
    Illinois Poi~1utionControl Board
    129—140

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