ILLINOIS POLLUTION CONTROL
    BOARD
    Februa-y 22,
    1990
    IN
    THE MATTER
    OF:
    PRETREATMENT CORRECTIONS
    )
    R89-20
    (Rulemaking)
    ORDER OF
    THE BOARD
    (by J.
    Anderson):
    On January
    11,
    1990, the Board
    entered
    an Order
    requesting public
    comment
    on the possible need for corrections
    to the
    industrial
    sewage pretreatment
    regulations,
    35 Iii.
    Adm. Code 307 and
    310, which were adopted
    and
    amended
    pursuant
    to Section 13.3 of
    the Environmental Protection
    Act,
    as follows:
    R86—44
    84
    P08
    89, December
    3,
    1987;
    12 Ill. Reg. 2502,
    January 29,
    1988,
    effective January
    13,
    1989
    (Initial
    adoption)
    R88—11
    90 PCB 411, June
    16,
    1988;
    12 111.
    Reg.
    13094,
    August
    12,
    1988,
    effective July
    29, 1988
    (Updates
    through
    12/31/87)
    R88—18
    December
    15,
    1988;
    13
    Ill.
    Reg.
    1794, February
    10,
    1990, and 13
    Ill. Reg.
    2463,
    February 24,
    1989,
    effective January
    31,
    1989
    (1/1/88 through 6/30/88)
    R89—3
    September 28, 1989;
    13
    Ill.
    Reg.
    19243, December
    8, effective
    November
    17
    &
    27,
    1989;
    (7/1/88 through
    12/31/88)
    R89-12
    Proposal
    for Public Comment, December
    6,
    1989;
    13
    Ill.
    Reg.
    20240, December
    29, 1989
    (1/1/89 through 6/30/89)
    R9O-6
    Next Update
    (7/1/89 through 12/31/89)
    The Board
    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 with
    a
    copy
    of
    a letter dated February
    9,
    1989 (referred to
    in the
    letter of
    October 24), was 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 coment
    (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 USEPA promptly fulfilling requests for copies
    of these letters.)
    For example,
    one issue
    concerns
    40 CFR 403.5(e).
    Had
    the
    Board earlier kno.~n
    the USEPA position,
    it would
    have been better
    informed during the
    course
    of
    these
    rulemaking proceedings.
    On February
    20,
    1990,
    the Board received
    a letter
    from
    the
    Agency
    108—2~1
    indicating
    that
    it
    was
    working
    with
    LISEPA
    to
    co’~ectmisconceptions
    and
    resolve differences
    th-ough clarification
    in
    a de~egatio agreement.
    Neither
    the
    Agency
    nor
    USEPA
    nas
    dete-mined
    that
    the
    ~xi
    sting
    Boa ~
    regul ations
    requ-~
    ‘-e
    any
    revision
    other
    than
    timely
    updates.
    The Ager:y wIll
    contact
    the
    Board
    immeciately
    if
    correction
    i~needed.
    The
    Boa~dtne~efo’e
    dismisses
    this
    Docket.
    IT
    IS
    SO ORDERE~
    I,
    Do~othyM.
    Gurin,
    Clerk
    of
    the
    Illino~s
    Poil~cion
    :ort~ol Board,
    hereby
    certify
    that
    the
    above
    Order
    was
    adopted
    cr
    t~e
    ;.‘‘~da~.of
    ~?
    1990,
    by
    a
    vote
    of
    /-
    .
    /,
    ~
    ~
    Do~otry
    1.
    ~
    ~erk
    1llino~sPoiutior
    Control
    Board

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