ILLINOIS

POLLUTION

CONTROL

BOARD

June

22,

1979

IN THE MATTFR

OF:

R79—9

AMENDMENTS

TO

THE

PROCEDURAL

RULES.

PROPOSED

ORDER

OF

THE

BOARD

(by

Mr.

Dumelle):

Section 35 of the Environmental Protection Act states

that variances

from the limitations prescribed by the Act

must be consistent with the Clean Water Act, the Safe Drinking

Water Act,

the Clean Air Act and the Federal regulations

under these

laws,

In order to insure a complete record

in

these matters, the Board proposes the following amendments

to Procedural Pule

405,

New language is indicated by under-

lining.

Public comment

on this proposal will be accepted

for a period of 60 days

from the date of this Proposed

Order.

405

Agency Investigation and Recommendation.

(a)

After investigating the variance petition and con-

sidering the views of persons who might he adversely

affected by the grant of the variance,

the Agency

shall within 30 days of the filing of the petition

or any amendment thereto make

a recommendation to

the Board on the disposition of the petition.

The

recommendation shall

include:

1.

A description of the efforts made by the

Agency to investigate the facts as alleged

and to ascertain the views of persons who

might be affected and a summary of the views

so ascertained;

2,

A statement of the degree to which,

if at

all, the Agency disagrees with the

facts as

alleged

in the petition, including facts

refuting any allegations in the Petition for

Variance;

3.

Allegations of any other facts the Agency be-

lieves relevant

to the disposition of the

petition;

4.

The

Agency~sestimate of the costs that

corn—

pliance would impose on the petitioner and on

others and of the injury that the grant of

the variance would impose on the public

34-113

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—2—

including the effect that continued discharge

of contaminants will have upon the environment;

and,

5.

The Agency~sconclusion of what disposition

should be made of the petition.

(b)

All petitions

for variances

from the Air Pollution

Control Regulations shall

be analyzed in light of

the Clean Air Act.

If granting a variance would

properly be construed ~

yedcp~p1iance order

as that term is defined in

40 C.F.R.

§65.01(e), the

recommendation shall indicate whether the requested

relief is consistent with Section

113(d)

of the

Clean Air Act

42

U.S.C.

§7413(d)

and 40 C.F.R.

§~65,O1—65.1Oand 65

.1~fan~n~y~2e

would

require

a revision of the State Implementation

Plan,

the

recommendation

shall

indicate

whether

the

~

110(a)

of the Clean Air Act

42

U.S.C. §7410(a)

and 40 C.F.R.

Part

51 have been

satisfied,

(c)

All petitions

for variance from the Water Pollution

Control Regulations shall

be analyzed in light of

the Clean Water Act (33 U.S.C.

§S1251 et seq.).

Rec-

ommendations

in these matters should indicate whether

granting the requested relief is consistent with

U.S.

EPA effluent guidelines and standards, any other

Federal regulations or any areawide waste treatment

management plan approved by the Administrator of

U.S.

EPA pursuant to Section 208 of the Clean Water

Act

(33 U.S.C.

§1288).

(d)

All petitions

for variances

from the Public Water

Supply Regulations shall

be analyzed

in light of

the Safe Drinking Water Act

(42 U.S.C. 300

f et seq.).

Recommendations

in these matters should indicate

whether granting the requested relief is consistent

with the U.S.

EPA Drinking Water Regulations

(40

C,F.R, Part 141),

(e)*~+ The Agency shall serve

a copy of its recommenda-

tion on the petitioner

in accordance with Rule 305(b).

Failure of the Agency to timely file its recommenda-

tion shall

be grounds for the Hearing Officer to

adjourn the hearing

to a date which will allow reason-

able time to prepare.

IT

IS

SO

ORDERED,

34—114

---

I,

Christan

L. Moffett, Clerk of the Illinois Pollution

Control

Board, hereby certify the above Proposed Order was

adopted on the

day of

~

1979 by a vote

of

______

~stanL.~1offelerk

Illinois

Pollution

Control

Board

34-115