ILLINOIS POLLUTION CONTROL BOARD

October

6,

1988

IN THE MATTER OF:

PROPOSED AMENDMENTS TO

)

R88-21

TITLE

35, SUBTITLE

C

(TOXICS CONTROL)

ORDER OF THE BOARD

(by B.

Forcade):

A pretìearing conference was held

in this matter

on September

28,

1988

at the request

of the Illinois Environmental Protection

Agency (“Agency”)

and the Illinois Environmental Regulatory

group.

The Board

is advised

that there was inadequate time to

discuss various

staff concerns about the drafting

of the

rules

and conformance with requirements of the Administrative Procedure

Act (“APA”)

and Illinois administrative

law.

These concerns

include, but are not limited

to, whether the proposed delegation

to the Agency of authority

to define and establish

limits for

various “criteria”

by Agency rule,

is an impermissible

subdelegation of the Board’s rulemaking authority,

uncertainty

concerning procedural steps and appeal provisions,

and potential

APA problems such

as formatting,

vagueness,

improper

incor—

porations by reference and the

like..

Discussion

of these concerns may serve

to allow

for more

efficient use of time

at the hearings

in this proceeding,

which

are scheduled

for November

18 and December

6;

the Hearing Officer

is authorized

to schedule

a prehearing conference

as

expeditiously as

is

practicable to deal solely with

the drafting

issues here discussed.

Notice

of this conference shall

be sent

to all persons

on the notice list.

IT

IS SO ORDERED

I, Dorothy M. Gunn, Clerk

of

the Illinois Pollution Control

Board, hereby certifX t~t the above Order was adopted on

the

c~-

~

day of

~

T..~ ~

,

1988,

by

a vote

of

~

~

~

Dorothy M.74unn, Clerk

Illinois Pollution Control Board

93—121