ILLINOIS POLLUTION CONTROL BOARD
    November 18,
    1983
    In the matter of:
    )
    PROPOSED AMENDMENTS TO TITLE 35,
    )
    R83-6
    SUBTITLE D:
    MINE RELATED POLLUTION,
    )
    Docket B
    CHAPTER
    I, PARTS 405
    AND
    406
    FINAL ORDER.
    ADOPTED RULE
    FINAL OPINION OF THE BOARD
    (by D. Anderson):
    On April 20, 1983 the Illinois Coal Association
    (ICA)
    filed a motion to reconsider the July 24,
    1980 Order of the
    Board adopting the new Chapter
    4:
    Mine Related Water Pollu-
    tion
    (39 PCB 176,
    196 and 260).
    In particular,
    ICA sought
    to extend by one year the expiration date of 35 Ill.
    Adm.
    Code 406.201, from
    July 1, 1983 to July 1,
    1984.
    That
    Section is a temporary rule allowing the Illinois Environ-
    mental Protection Agency
    (Agency)
    to exempt mine discharges
    from the water quality standards for total dissolved solids
    (TDS),
    chloride,
    sulfate, iron and manganese,
    provided the
    operator utilizes “good mining practices” designed to control
    those parameters.
    The extension would allow continuation of
    exemptions pending the outcome of R83-6A,
    a proposed permanent
    rule on water quality impacts of mine waste discharges.
    A
    Proposed Rule, First Notice in R83-6A is pending before the
    Board.
    On May 5, 1983 the Board denied the motion for recon-
    sideration, but opened this Docket R83-6B for the purpose of
    proposing a one-year extension of Section 406.201.
    The
    proposal appeared at
    7 Ill.
    Reg.
    6693,
    May 27,
    1983.
    The Board held public hearings on May 12,
    1983 at
    Springfield and May 27,
    1983 at Ina.
    Because the transcripts
    are not numbered sequentially, it will be necessary to
    indicate volume numbers.
    The Board received testimony from
    ICA and the Agency in support of extension of Section 406,201
    as proposed
    (1-6,
    13;
    11-7).
    ICA requested a negative
    declaration in lieu of an economic impact study, and asked
    the Board to proceed on an emergency basis pursuant to the
    Administrative Procedure Act
    (APA) (11-7).
    On May 31, 1983 the Department of Energy and Natural
    Resources
    (DENR)
    informed the Board that it had made a
    negative declaration on the economic impact study.
    Thus
    additional hearings on economic impact under Section 27(b)
    of the Environmental Protection Act
    (Act) were not necessary.
    54-429
    —2—
    On June
    30, 1983 the Board adopted the extension of
    Section 406.201 on an emergency basis pursuant to the APA,
    finding that expiration of the exemption prior to considera-
    tion of a permanent rule constituted a threat to the public
    interest and welfare.
    The emergency amendment was filed and
    effective on July 5,
    1983, and appeared at
    7 Ill.
    Reg.
    8386,
    July 15,
    1983,
    The Joint Committee on AdministrativeRules
    (JCAR)
    considered the emergency amendment at its August 18,
    1983 meeting, and made no objection.
    Meanwhile,
    the comment period on the regular one—year
    extension continued.
    The Board received only comments on
    codification from the State Library.
    On July 26,
    1983 the Board entered a second notice
    order identical to the first notice proposal except for
    codification changes.
    JCAR considered the rule at its
    September 22, 1983 meeting and made no objection.
    On October
    6,
    1983 the Board adopted the one-year
    extension of Section 406.201 as a regular rule.
    The extension
    was filed and effective on October 19,
    1983, and appeared at
    7 Ill. Reg.
    14510, October 28,
    1983.
    This Opinion supports the Board’s Order of October
    6,
    1983.
    Board Members
    B.
    Forcade and J.
    Marlin abstained.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board,
    hereby certify that the above Opinion was
    adopted on the
    ~
    day of
    ~r)~e&,
    1983 by a vote
    of
    ~y~o
    Illinois
    trol Board
    54-430

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