ILLINOIS POLLUTION CONTROL BOARD
    November
    19,
    1987
    IN THE MATTER OF:
    R86—44
    PRETREATMENT REGULATIONS
    INTERIM ORDER OF THE BOARD
    (by J. Marlin):
    On July 16,
    1987
    trie Board entered
    an Opinion and Order
    adopting pretreatment regulations pursuant
    to Section 13.3 of
    tne
    Environmental Protection Act.
    Two appeals were
    filed,
    based
    on
    the absence from the regulations
    of provisions
    for removal
    credits.
    On September
    4, 1987
    the Board vacated
    the July
    16
    Opinion and Order,
    and,
    on October
    1,
    1987, entered
    a revised
    Proposed Opinion and Order
    to adopt
    the pretreatment regulations
    with provisions for removal credits.
    The October
    1 proposal requested comment through October
    30,
    1987.
    The Board
    has received
    late comments from the Illinois
    Environmental Protection Agency
    (November
    2), and from the
    Illinois Steel Group, LTV Steel,
    Inc.
    and Acme Steel Company
    (November
    5)
    The United States Environmental Protection Agency
    (USEPA) has indicated that
    it intends
    to comment,
    but has not
    done
    so.
    On November
    5, 1987
    (JSEPA amended
    its removal credits
    rules,
    which are found at
    40 CFR 403.7.
    (52 Fed.
    Reg.
    42434).
    The
    amendments are intended
    to modify the
    removal credits rules
    to
    reflect part
    of the decision
    in NRDC
    v.
    (JSEPA, 790 F.2d 289,
    3rd
    Circuit,
    1986, whicn
    is discussed
    in
    the October
    1 Proposed
    Opinion.
    The Federal Register indicates
    that removal
    credits
    will
    not be authorized
    until
    LJSEPA promulgates
    a more
    comprehensive set of sludge regulations.
    It appears
    that the comments which
    the Board has received
    were drafted prior
    to the November 5th publication
    in the Federal
    Register.
    The Board will postpone action
    on this matter
    until
    December
    3, 1987,
    to give commenters, particularly
    the JSEPA,
    the
    opportunity
    to review the Proposal against
    the revised USEPA
    rules and policy statements.
    IT
    IS SO ORDERED
    I, Dorothy M. Gunn, Clerk
    of
    the Illinois Pollution Control
    Board, hereby certify that the above Interim Order was adopted
    on
    the
    /9~
    day of
    ___________________,
    1987,
    by
    a vote
    of
    ______.
    Dorothy M.
    Gunn,
    Clerk
    Illinois Pollution Control Board
    83—143

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