ILLINOIS POLLUTION CONTROL BOARD

April

27, 1984

IN THE MATTER OF:

PUBLIC INFORMATION, RULEMAKING

)

AND ORGANIZATION (2 Iii. Adm.

)

R83-27

Code 2175)

)

Adopted Rule. Final Order.

OPINION AND ORDER OF THE BOARD (by 3. D. Dumelle):

Pursuant to Section 4.01(a) of the Administrative Procedure

Act Ill. Rev. Stat. c. 127, par. 1004.01(a), the Board is

required to maintain the following:

1. a current description of agency’s organization with

necessary charts depicting same;

2. the current procedures on how the public can obtain

information or iiake submissions or requests on subjects,

programs, and activities of the agency;

3~ table of contents, indices, reference tables, and

other

materials to

aid

users in finding and using the agency’s

collection of rules currently in force; and

4, a current description of the agency’s rulemaking

procedures.

These

rules become effective upon filing and need not be

the subject of

hearings, notice, or public comment, The intent

of this

requirement appears to be to have one place in the Ill.

Adm, Code that contains overviews of the various rulemaking

bodies

which can be used by the uninitiated to gain an under-

standing of what those bodies do, how they do it, and how

further information may be obtained.

The

rules which the Board adopts today were written to

fulfill that

intent. They are, essentially, a simplified version

of the mandates of the Environmental Protection Act (Ill, Rev.

Stat.

C,

111½, par. 1001 et ~g.; the Act) and the Board’s

procedural rules. Since they are simplified, they are not

as precise as the Act or the procedural rules, and where there

is a conflict between these rules and the Act or the procedural

rules, the Act and the procedural rules are controlling.

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ORD ER

The Board hereby adopts the following rules as 35 Ill. Adrn.

Code 2175:

TITLE 2: GOVERNMENTAL ORGANIZATION

SUBTITLE E: MISCELLANEOUS STATE AGENCIES

CHAPTER XXVIII: POLLUTION CONTROL BOARD

PART 2175

PUBLIC INFORMATION, RULEMAKING AND ORGANIZATION

Board Membership

Staff

SUBPART B: PUBLIC INFORMATION AND PARTICIPATION

Section

2175. 110

2175. 120

2175. 130

2175. 140

Files Open to Reasonable Public Inspection

Publications

Proceedings Which May Be Initiated Before The Board

Board Meetings and Hearings

SUBPART C: ACCESS TO BOARD RULES IN THE

ILLINOIS ADMINISTRATIVE CODE

Section

2175,210 Access to Board Rules in the Illinois Administrative

Code

SUBPART D: RULEMAKING

Section

2175, 310

2157. 320

2175.330

2175. 340

2175,350

2175. 360

2175.

3 70

2175.380

Proposals

Initial Hearing

Hearings on Economic Impact Study

First Notice

Second Notice

Adopted Rules

Emergency Rules

Peremptory Rules

APPENDIX A Organization Chart

Section

2175.10

2175.20

SUBPART A: ORGANIZATION

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AUTHORITY: Implementing Section 4.01 oE the Illinois Administra-

tive Procedure Act (Ill. Rev. Stat. 1981, ch. 127,

par. 1004,01) and authorized by Section 5 of the

Environmental Protection Act (Ill. Rev. Stat. 1981,

ch. 111½, par. 1005).

SOURCE: Adopted at

Ill. Reg.

____,

effective

SUBPART A: ORGANIZATION

Section 2175.10 Board Membership

a) The Board was created pursuant to Section 5 of the

Environmental Protection Act (Ill. Rev. Stat, 1983, ch.

111½, para. 1000 et sea.; hereinafter the Act) and

consists of seven technically qualified members. The

members are appointed by the Governor with the advice

and consent of the Senate. No more than four members

may be of the same political party, and the term of

office is three years.

b) The Governor designates one member as Chairman, who

serves at the pleasure of the Governor.

Section 2175.20 Staff

a) Under Section 5 of the Act, each Board member may

employ one assistant and one secretary, except the

Chairi~anwho may employ one secretary and two assist-

ants. In addition, the Board employs a legislative

liaison who serves the entire Board.

b) The Board also employs an Office Coordinator who

directs and supervises the Clerk’s office and the

administrative and fiscal management of the office. In

addition, the Coordinator is responsible for personnel

management, office accounting and the general

operations of the office.

c) The Clerk’s office consists of a Clerk and one or more

Assistant Clerks who are responsible for maintaining

the Board’s files and arranging hearings. The Clerk

also serves as public liaison for the Board, In

addition to the duties mentioned above, the Clerk

maintains a list of attorneys who serve on a

contractual basis as the Board’s hearing officers in

all non-regulatory proceedings. Board assistants

usually act as hearing officers in all regulatory

proceedings.

d) The Board may also employ such other personnel as may

be necessary and to the extent that the budget allows.

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4

SUBPART

B: PUBLIC

INFORMATION AND PARTICIPATION

Section 2175.110 Files Open to Reasonable Public Inspection

a) General access and non—disclosed material

1) Pursuant to Section 7 of the Act, all files,

records and data of the Board are open to

reasonable public inspection and copying, except

information which constitutes a trade secret;

information privileged against introduction in

judicial proceedings; internal communications of

the Board; and information concerning secret

manufacturing processes or confidential data

submitted by any person under the Act.

2) The Board has adopted procedural rules at 35 Ill.

Mm. Code 120 and 35 Ill. Adm Code 101,107 to

effectuat:e the intent of Section 7 of the Act,

h)

Copying Facilities

Copying facilities are available at the Board’s

offices, and requests

by

mail are honored. A single

opinion or order, regardless of length, will be

furnished upon request as will multiple copies of

opinions or orders totaling 10 pages or less. Requests

for multiple opinions or orders totaling more than 10

pages will be furnished at a cost to be determined by

the Board, including mailing costs. However, as stated

at

35

IlL Adrn,

Code

101,107(f), the Board reserves the

right to contract with a professional reproduction

service for any copying that would impose a substantial

administrative burden upon the Board, and it reserves

the right to charge the requesting party for repro-

ductive and mailing costs incurred,

Section 2175,120 Publications

a) Environmental Register

1) The Board publishes a newsletter at least monthly

called the Environmental Register which, in

general, serves to

inform the public of the

Board~s activities,

including important actions

taken at Board meetings, tne progress of proposed

regulatory

changes, notice of the

filing of

new

cases and

final

action taken on cases, the

activities of

Board members and staff and other

matters of

public interest.

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2)

Copies of the Register are available at the

Board’s

office

free of charge and are also sent

free of charge to persons on the Board~smailing

list~ Persons

interested in subscribing to the

Register and being included on the mailing list

may do so by sending

their

names and addresses to

the Board and indicating their desire to have

their names added to the list,

b) Opinions, Orders, Regulations

1) Copies of opinions and orders of the Board are

available upon written request although reasonable

copying charges may be imposed pursuant to Section

2175.110(b),

2) Copies of all Board opinions and orders are avail-

able on an annual subscription basis in looseleaf

binders. To subscribe, contact the Board’s

Chicago office.

3) The Board~s regulations concerning pollution

control are published periodically by Subtitle and

are available in reasonable quantities free of

charge at the Boardes office,

c) Annual Report

In addition, the Board makes available the Annual

Report of the Chairman,

This

Report is first published

in the Environmental Register, and when printing is

completed, it is available in reasonable quantities at

the Board’s office, free of charge. The Report

includes information regarding the Board’s membership,

regulatory and case activities for the fiscal year,

administrative and financial expenditures for the

fiscal year, penalties levied, activity for the coming

year, and a summary of Board decisions reviewed by the

courts during the fiscal year.

d) Illinois Register

1) When the Board adopts a proposal for a regula-

tory change, a first notice and a copy of the

proposed change will be published in the Illinois

Register (which is

available

through the Secretary

of State’s office) unless the rulemaking is exempted

from this requirement

by statute.

The first notice

will include information regarding when and how

comments on the proposed

rule can

be filed

with the Board for consideration. The public

must he allowed at least 45 days to comment.

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6

2)

Whenever the Board adopts a final rule, a

copy

of

that rule and information regarding its adoption

will be published in the Illinois Register.

Copies of the Illinois Register are available

from the Secretary of State.

lection 2175.130 Proceedings Which

May

The Board

a)

Any

adoption, amendment or repeal of a regulation pursuant

to 35 Ill. Ada. Code 102.

b)

Any

person may initiate

an enforcement action by the

filing of a complaint pursuant to 35 Ill. Ada. Code

103. Such complaints may be informal (in which case

they are forwarded

to the Illinois Environmental

Protection Agency and the Attorney General) or they may

be formal (in

which

case

the complainant must handle

the prosecution of the case).

c)

Any

person who has

been denied a

permit

or who has been

issued a permit by the

Environmental Protection Agency

with one or

more

conditions to which that person

objects may file a petition with

the

Board for a review

of the Agency’s action pursuant to 35 Ill. Ada. Code

105.

d)

Any

may file a petition for a variance pursuant to 35 Ill.

Ada. Code 104.

e) An applicant for landfill siting approval who

has

been

denied

such approval by a county board or the governing

body of a municipality may contest that decision by

filing a petition for hearing pursuant to Section

40.1(a) of the

Act.

f) A third party who participated in the public hearing

conducted by a county board or the governing

body

of a

municipality

may contest its decision to grant site

location suitability approval pursuant to Section

40.1(b) of the

Act.

g) Any person who is adversely affected by a trade

secret determination made by the Illinois Environ-

mental Protection

Agency or the Department of Energy

and Natural Resources may contest that determination

to the Board by following the procedures set forth

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h) Any person whose effluent discharge is regulated by

35 ill. Mm, lCode 306.305 or 306,306 may file a

petition for exception to those rules by following

the procedures set forth in 35 Ill. Adm, Code 306.350—

306, 374,

j) Owners or operators of certain facilities which

discharge heated effluents are required to demonstrate

a lack of ecological damage pursuant to 35 Ill, Adm.

Code 302,211(f) and 35 Ill. Adm. Code 106, Subpart A.

j)

Owners or operators of facilities which contain

artificial cooling lakes may demonstrate that the

lake will be environmentally acceptable pursuant to

35 Ill, Adm. Code 302,211(j) and 35 Ill. Adm, Code

106, Subpart B.

k) Owners or operators of certain fuel combustion sources

may petition for alternative emission rates pursuant

to 35 Ill. Mm. Code 214,185 and 35 Ill. Adm, Code

106, Subpart C.

1) Any other proceedings which are authorized by the

Act to be brought before the Board may be initiated

pursuant to statutory authority and any Board regula-

tions adopted thereunder,

Section 2175,140 Board Meetings and Hearings

a) Board meetings are held at least once a month and are

open to the public. The meetings are generally held

every other Thursday, although the Board may direct

otherwise pursuant to 35

Ill.

Adm. Code 101.109.

Copies of the agend~are made available to the public.

b) The Board may, upon proper notice pursuant to Section

5(b) of the Act, hold special Board meetings in

addition to the normally scheduled meetings,

c) All hearings conducted by the Board are open to the

public including regulatory hearings conducted

pursuant to 35 Ill, Adm, Code 102 and adjudicatory

hearings conducted pursuant to 35 Ill, Adm. Code 103,

except that the public may be excluded when trade

secret or confidential information is being presented.

At regulatory hearings, the public may examine

witnesses and in all hearings the public may examine

the record, testify and submit evidence, sublect to

reasonable restrictions,

57~5ii

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SUBPART C: ACCESS TO

BOARD RULES

Section 2175.210 Access to Board

Rules in

trative Code

a) All Board rules have been codified under Title 35

of

the Illinois Administrative Code since October, 1983,

Each general area of regulation has been assigned a

particular Subtitle as set out below:

SUBTITLE

SUBJECT MATTER

A

Procedural Rules

B

Air Rules

C

Water Rules

D

Mine Rules

E

Livestock Waste

F

Public Water Supplies

G

Waste

Disposal

H

I

Nuclear Radiation

h) The Subtitles listed in Subsection (a), above,

also

include rules of the Environmental Protection Agency

and the Department

of Ener~y

and Natural Resources.

The Board’s rules appear

at. Chapter

I

of each of the

Subtitles.

SUBPART 0:

RULEMAKING

a) Rulemaking procedures are set out in 35 Il.. Adm. Code

102.

b) Proposals for the adoption,

amendment or repeal of a

substantive regulation may be made by the Environmental

Protection Agency, the Department

of

Energy and Natural

Resources (Department), the

Board or any

member of

the

public. Proposals made by the Agency, Department or

Board are automatically scheduled

for

c) In the case of a proposal made by a member of the

public, the proposal must be accompanied by a petition

signed by 200 persons, specifying home addresses,

unless

that requirement is waived by the Board, When the

proposal is accompanied by a petition, the matter is

placed on the agenda for Board decision. Generally,

the Board will authorize a hearing unless it determines

that the proposal is plainly deviod of merit, or deals

with a subject on which a hearing has been held within

57-512

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9

the preceeding six months, or is not accompanied by an

adequate statement of supporting reasons. The pro-

ponent will be notified of an adverse decision and of

the reasons for such a decision,

Section 2157.320 Initial Hearing

a) All hearings on regulatory proposals are conducted

according to 35 Ill. Adm. Code 102. These hearings are

open to the public, and at such hearings, the public is

permitted to examine the record, examine witnesses

(except as limited by the Hearing Officer), testify and

submit evidence.

b) Unless otherwise directed by the Hearing Officer or

the Board, the record remains open for public comment

for a minimum of 14 days following the close of the

hearing. Any person may make a written submission on

the proposal within this period or during the first

notice period pursuant to Section 5.01 of the Admin-

istrative Procedure Act (Ill, Rev. Stat. 1981, ch.

127, par. 1000 et seq.; hereinafter the APA).

Section 2175.330 Hearings on Economic Impact Study

Before the final adoption of any proposed regulation or amendment

to existing regulations, the Board must conduct hearings on the

Economic Impact Study of such proposals unless the rulemaking is

exempted from that requirement pursuant to Ill, Rev. Stat., 1983,

ch. 96½, para. 7404(d), or by special provision in the Act.

Section 2175.340 First Notice

a) The Board may adopt a proposed rule for first notice

pursuant to Section 5.01 of the APA at any time after

a regulatory proceeding is initiated. Normally the

Board will not proceed to first notice until merit

and economic hearings have concluded and comments

have been received unless there is a need to proceed

quickly.

b) The public has a right to comment on the proposed

rules during the first notice period and retains all

other rights set out in Section 5.01 of the APA,

c) Pursuant to the Section 28 of the Act, the Board may,

in general, revise the proposed regulation before

adoption without conducting further hearings, except

that if the proposed change significantly alters the

intent and purpose of the proposal, an additional

economic impact study must be prepared pursuant to

Section 27(h) of the Act.

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Section 2175.350 Second Notice

a) Upon termination of the first notice period, the

Board may adopt the proposal for second notice pursuant

to Section 5.01(b) of the APA, for review by the Joint

Committee on Administrative Rules (JCAR).

b) After the second notice period has commenced, the

proposed rules may only be amended in response to JCAR

recommendations.

Section 2175.360 Adopted Rules

a) At the conclusion of the second notice period the

Board may adopt a final opinion and order adopting

the new rules and setting forth the reasons for

adoption.

b) The adopted rules are then filed with the Secretary

of State and are published in the Illinois Register

along with supporting information.

Section 2175.370 Emergency Rules

On proclamation by the Governor, pursuant to Section 8 of the

Illinois Emergency Services and Disaster Act at 1975 (Ill, Rev,

Stat. 1981, ch. 127, par. 1108), that a disaster emergency

exists, or when the Board finds that a severe public health

emergency is involved in relation to any proposed regulation,

then such regulation shall take effect without delay and the

Board may proceed with the required economic impact hearings

while the regulation continues in effect, When such an emergency

exists the customary 45 day notice provision is waived; however,

notice and text of the emergency rule must be published in the

Illinois Register. An emergency rule is effective for a maximum

period of 150 days pursuant to Section 5,02 of the APA, but it

may be adopted as a permanent rule by following usual rulemaking

procedures.

Section 2175.380 Peremptory Rules

a) When the Board is required by federal law, federal

rules and regulations or by a court order to adopt a

certain rule, that rule need not be published in the

Illinois Register until it has been adopted pursuant to

Section 5.03 of the APA, However, notice and text of

the adopted rule must be published in the Illinois

Register pursuant to Section 6.01 of the APA.

57-5 14

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11

b)

An exception to the general

rulemaking procedure

exists

in the case of federal regulations promulgated under

Sections 111 and 112 of the Clean

Air Act (42 U.S.C.

7401 et seq.) pursuant to Section

9.1(c) of the Act and

Section 5.03 of the APA. Following the promulgation of

a regulation by the Administrator of the United States

Environmental Protection Agency relating to either

standards of performance for new stationary sources

(Section 111) or the establishment of national

emissions standards for hazardous air pollutants

(Section 112), the Board shall adopt State regulations

in substance identical to the federal regulations at

the next scheduled Board meeting. The 45 day notice

provision and the customary hearings are waived in this

instance, but the rule must be filed with the Secretary

of State within 60 days of the Board’s adoption.

57-515

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12

57-516

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13

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that the above Order of the Board

was adopted on the ~/“ day of

~

,

1984, by

avoteof

____________.

C’

L.

Illinois Pollution

trol Board

57-517