ILLINOIS POLLUTION CONTROL BOARD

June 5,

1986

IN RE:

SITE—SPECIFIC

RULEMAKING FOR THE

)

R84—30

CITY OF EAST PEORIA

)

ORDER OF THE BOARD

(by 3.

Anderson):

On January

9,

1986,

the Board adopted for Second Notice East

Peoria’s

requested effluent limitation with some monitoring

requirements added

at the request of the Illinois Environmental

Protection Agency (“Agency”).

The Board delayed submission

to

the Joint Committee on Administrative Rules

(“JCAR”)

to allow the

participants an opportunity

to comment on the new monitoring

requirements.

On January 24, 1986,

the Agency submitted

a public comment

(P.C. No.

3)

requesting the Board further defer

sending the

proposed rule to JCAR until

the United States Environmental

Protection Agency

(USEPA) had reviewed the matter.

On March

26,

1986,

IJSEPA’s review of the rule was filed with the Board

as

P.C.

No.

4.

USEPA’S comment generally supported the Agency’s position

in this rulemaking

that the petitioner failed

to adequately

demonstrate technical infeasibility, economic unreasonableness,

or lack of potential

influence on water quality standard

attainment

in

the proposed receiving waters.

The USEPA can

object

to any future NPDES permits issued under

the site—specific

rule, pursuant

to 40 C.F.R.

123.44.

On March

31, 1986,

the hearing officer, at the direction of

the Board, transferred copies of

P.C. Nos.

3

arid

4 to East Peoria

in order

to provide

an opportunity for response and comment.

Neither

the Agency nor USEPA had copied East Peoria on any of the

correspondence.

On April

28,

1986, East Peoria,

by letter,

requested additional

time to provide comments

to PC.

Nos.

3 and

4

and requested that the Board defer action

in this matter

(P.C.

No.

5).

On May 5,

1986, East Peoria filed

its response

to P.C.

Nos.

3 and

4

(P.C.

No.

6).

East Peoria

requests the Board submit

the proposed rule

to JCAR and proceed

to final promulgation of

the site—specific

rule.

The extended comment period necessitated by the late

comments filed by Agency and the fact that the Agency failed

to

provide East Peoria with copies of the correspondence, have

resulted

in the Board’s inability

to grant East Peoria’s request

at this time.

The one—year deadline

in the Illinois

Administrative Procedures Act for promulgation of a proposed rule

will expire on June

7,

1986.

This deadline runs from the date

of

first notice

publication

in the Illinois Register

to the date

of

70.156

---

—2—

final

filing with

the Secretary of State’s office.

It is

apparent that the 45—day second notice JCAR review period and

final promulgation cannot be completed by this deadline.

Therefore,

the Board will allow the proposed rule to lapse

and, by this Order,

rescind its January

9,

1986,

second notice

Opinion and Order.

The Board

intends

to let this proceeding

remain on

its docket pending resolution of issues regarding site—

specific relief.

If

this course of action

is not acceptable

to

East Peoria

or the Agency,

they are free to submit

a motion for

reconsideration of

today’s action, recommending

an alternative

approach.

IT

IS SO ORDERED.

B.

Forcade concurred.

3.

T. Meyer dissented.

I,

Dorothy

M. Gunn,

Clerk of the Illinois Pollution Control

Board,

hereby certify that the above Order was adopted on

the~5~Zday of

___________________,

1986, by

a vote

of

__________.

Ji

Dorothy M.

Gui~(n, Clerk

Illinois Pollution Control Board