ILLINOIS POLLUTION CONTROL BOARD
    April
    18,
    1985
    IN
    THE
    MATTER
    OF:
    )
    FINANCIAL ASSURANCE FOR CLOSURE
    )
    AND
    POST-CLOSURE CARE OF WASTE
    R84-22C
    DISPOSAL SITES (ECONOMIC
    IMPACT
    )
    OF
    TEMPOMRY
    REGULATIONS AND
    )
    ADOPTION OF FINAL REGULATIONS)
    )
    IN THE
    MATTER
    OF:
    )
    FINANCIAL ASSURANCE FOR CLOSURE
    )
    AND POST-CLOSURE CARE
    OF WASTE
    )
    R84-22D
    DISPOSAL SITES
    (REVISION OF
    )
    R84—22(B) AND
    (C) REGULATIONS
    )
    PROPOSED RULE.
    FIRST NOTICE
    (R84-22C ONLY)
    ORDER
    OF
    THE BOARD (by
    3. Anderson):
    By this Order the Board
    is opening
    two dockets, R84—22C
    arid
    R84—2ZDs
    as
    4—22C
    On April
    4,
    1985
    the Board adopted temporary regulations
    under R84”~22B
    prior
    to receipt of an economic impact study (EcIS)
    pursuant to Section 27(b) of the Act.
    The Board notes that
    Section 27(b)
    requires
    that procedures on
    this docket be
    completed no later
    than 180 days atter
    the filing of the EcIS.
    The
    EcIS wa8,filed by the Department of Energy and Natural
    Resources (DENR)
    on April
    11, 1985.
    The Board therefore opens
    docket R84—22C
    for
    the purpose
    of conducting economic impact
    hearings
    and
    revising
    the
    temporary
    regulations
    as
    necessary
    in
    response thereto, prior
    to adoption of permanent rules.
    Therefore,
    the
    Board
    readopts
    the
    temporary regulations
    under
    R84—22C tot first notice pursuant
    to the Administrative
    Procedure
    Act.
    R84—22D
    There
    are
    some remaining issues,
    the merits
    of which were
    inadequately
    addressed
    in
    the R84—22B proceedings and, thus, are
    not
    included
    in
    the temporary regulations.
    In
    the
    R84—228 Opinion
    of
    April
    4,
    1985 the Board noted
    three
    issues
    which
    appeared
    to
    merit
    further
    consideration.
    These
    included
    self—insurance
    for
    commercial
    disposal
    sites,
    financial
    guarantees
    by units of local government, and
    establishment
    of
    a
    risk
    pool
    to
    which
    operators
    could
    contribute
    83-529
    —2—
    instead of providing individual financial assurance.
    The Board
    also has acknowledged,
    in response to the Joint Committee on
    Administrative Rules
    (JCAR)
    the need
    to explore certain areas
    in
    which
    the
    temporary rules may be ambiguous; however any proposed
    corrective language must be addressed
    at merit hearings.
    In order not
    to have these considerations, .an~development of
    any new proposal cause
    a delay
    in the 180 day timetable
    provided
    in
    Section
    27(b)
    of
    the Act for R84—22C,
    the Board opens docket
    R84—22D.
    Any rules eventually proposed
    by
    the
    Board
    in this
    subdocket
    could,
    of course,
    require DENR preparation of a
    supplement
    to the R84—22,
    Docket B EcIS, and economic impact
    hearings
    concerning
    the
    rule8
    and supplemental EcIS.
    Dockets R84—22C and R84—22D, will be consolidated
    for
    the
    purpose of hearings whenever possible.
    The records
    in R84—22(A)
    and
    (B)
    are incorporated into the records
    in R84—22
    (C) and (D3.
    IT
    IS SO ORDERED.
    B,
    Forcade dissented.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board hereby certify that the above Order was adopted on
    the
    /S~~-
    day of
    ___________________,
    1985 by
    a vote
    of
    ________
    )‘77,
    ~
    Dorothy, M.
    Gunn, Clerk
    I.linQiJ.a
    Pbllution Control
    Board
    83-530

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