ILLINOIS
    POLLUTION
    CONTROL BOARD
    January
    11, 1990
    IN THE MATTER OF:
    PRETREATMENT CORRECTIONS
    )
    R89-20
    (Rulemaking)
    ORDER OF THE BOARD
    (J. Anderson):
    On December
    20,
    1989,
    the Board opened and reserved this
    Docket to address
    the possible need for corrections
    to the
    industrial sewage pretreatment regulations,
    35
    Ill. Adm.
    Code
    307
    and
    310,
    which were adopted and amended pursuant
    to Section
    13.3
    of
    the Environmental Protection Act,
    as
    follows:
    R86—44
    83 PCB 89, December
    3,
    1987;
    12
    ill.
    Req.
    2502,
    January
    29,
    1988,
    effective January
    13,
    1989
    (Initial adoption)
    R88—ll
    90 PCB 411,
    June
    16,
    1988;
    12
    Ill.
    Reg.
    13094,
    August
    12,
    1988,
    effective July
    29,
    1988
    (Updates
    through 12/31/87)
    R88—18
    December
    15,
    1988;
    13
    Ill.
    Req.
    1794,
    February 10,
    1989
    &
    13
    Ill.
    Req.
    2463,
    February
    24,
    1989,
    effective January
    31, 1989
    (7—1—88
    through
    12
    /
    31
    /
    88)
    R89—3
    September
    28,
    1989;
    13
    Ill.
    Rea.
    19243,
    December
    8,
    1989,
    effective November
    17
    &
    27, 1989
    (7—1—88
    through 12—31—88)
    R89—l2
    Proposal for Public Comment December
    6,
    1989;
    13
    Ill.
    Req.
    20240,
    December
    29, 1989
    (1—1—89
    through
    6—30—89)
    The Board has received from the United States Environmental
    Protection Agency
    (USEPA)
    Region V a copy
    of
    a
    letter dated
    October
    24,
    1989,
    from USEPA
    to the Illinois Environmental
    Protection Agency (Agency).
    This letter,
    together ~•;i:ha copy of
    a
    letter dated February
    9,
    1989
    (referred
    to
    in the letter
    of
    October
    24),
    has been made
    PC
    #1
    in this Docket.
    These letters
    address certain obstacles
    to approval
    of the pretreatment
    program.
    The Board could have addressed many of
    the issues these
    letters
    raise
    in R86—44
    or one of the subsequent update dockets,
    had USEPA addressed
    its concerns directly
    to the Board
    as public
    comments
    (like Region V does
    in the RCRA identical
    in substance
    proceedings)
    or
    if the Agency had decided
    to promptly forward
    copies
    of the USEPA letters
    to the Board.
    (The Board appreciates
    107—181
    USEPA Region V promptly fulfilling requests for copies these
    letters.)
    For example, one issue concerns
    40 CFR 403.5(e).
    Had
    the Board earlier known
    the USEPA position,
    it would have been
    better informed during the course of these rulemaking
    proceedings.
    The Board
    is highly desirous
    of fulfilling
    its mandate under
    Section
    13.3
    of the Act
    to adopt pretreatment
    rules,
    by
    a time
    certain,
    that are identical
    in substance to those
    of USEPA and
    approvabe
    by that agency.
    Nevertheless,
    at this
    juncture,
    the
    Board would intend
    to address some
    of
    the USEPA—cited
    deficiencies through amendment of
    its pretreatment
    rules
    in this
    separate docket.
    However,
    the Board
    is reluctant
    to develop
    a proposal
    at
    this time,
    because
    the letter,
    which ~as
    not addressed
    to the
    Board, may be
    a preliminary or
    incomplete listing
    of needed
    revisions.
    The Board therefore solicits comment
    as
    to whether
    it
    ought
    to develop
    a proposal addressing the problems noted
    in the
    letter.
    More specifically,
    the Board solicits comment directly
    from USEPA, the Agency,
    and the Attorney General
    as
    to the
    deficiencies
    that the Board could renedy by regulatory
    amendment.
    The Board wishes to receive
    these requested comments
    before February 13,
    1990.
    The mailing
    list
    in R89—12 will
    be
    used
    in this Docket.
    The Board particularly draws attention
    to the fact that
    Section
    7.2(b) places the Board on
    a timetable
    to adopt any
    correcting amendments made necessary by the USEPA concerns
    expressed
    in PC
    #1.
    For
    this reason,
    the Board requests
    expedited comments as
    requested above.
    IT
    IS SO ORDERED.
    I,
    Dorothy M. Gunn,
    Clerk
    of the Illinois Pollution Control
    Board,
    hereby certify thatthe
    above Order was adopted on
    the
    //~
    day of ________________________________,
    1990,
    by
    a
    vote of
    ___________
    .
    /
    /
    /
    ~.
    /
    /,
    ~‘
    ~
    Dorothy M.
    Gu7in,
    Clerk
    Illinois PoLYution Control Board
    107-4g2

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