Cathy Busto
    429 Tomahawk Street
    Park Forest, Illinois 60466—2417
    January 17, 2003
    CLL
    BEFORE
    ~THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    ~
    pQL~~O~~
    IN THE MATTER OF:
    R03-10
    ?c.
    P~1..
    REVISION OF THE
    BOARD’S
    (Rulemaking-Procedural)
    PROCEDURAL RULES:
    35 ILLINOIS
    ADMINISTRATIVE CODE 101-130
    This filing is submitted on recycled paper.
    Cathy Busto
    429 Tomahawk Street
    Park Forest,
    Illinois 60466—2417
    January 17, 2003.
    ~
    IN
    THE
    MATTER
    OF:
    REVISION
    OF
    THE
    BOARD’S
    PROCEDURAL RULES:
    Docket Number R03-10
    I
    —
    Dear
    Ms.
    Gunn:
    Po1~O~~
    Ccn~j!~
    I want to
    thank
    the Illinois Pollution Control Board for
    the opportunity for public comment on the proposed
    procedural
    rule
    amendments.
    There have been recent
    amendments to the Environmental Protection Act
    (415 ILCS 5
    (2000), amended by
    P.A.
    92-0574, effective June 26, 2002)
    and to the Administrative Procedure Act
    (5 ILCS 100(2000),
    amended by P.A. 92—0330, effective August 9, 2001) since
    the Illinois Pollution Control Board completely revised
    its procedural rules.
    I believe that the procedural rule
    changes which the Board has proposed will reflect the
    recent statutory amendments to the Environmental Protection
    Act and the Administrative Procedure Act.
    I am pleased that the Board has revised some of its
    definitions in Section 101~2O2,Subpart B of its
    procedural
    rules.
    The word “duplicitous” is a confusing
    term in reference to citizen complaints.
    The word
    “duplicative” is a much better term.
    Regarding the filing of documents, the Board has deleted
    the requirement to file multiple copies.
    The elimination
    of the requirement to file ten paper copies will simplify
    and encourage public participation in Pollution Control
    Board proceedings.
    The Board has set parameters to allow
    documents to be filed and served electronically and has
    still allowed the public the option of filing paper
    documents with the Clerk’s Office.
    I think it is
    important to offer the public a choice of formats for the
    filing of documents.
    I am physically handicapped and also
    have limited visual acuity.
    Therefore it is easier for me
    to file paper documents.
    Section 101.302
    (h) still allows members of the Board or a
    hearing officer to order a party or participant to deliver
    a particular filing in paper with multiple copies, if needed.
    It is important to ensure flexibility that may be needed
    for a given filing and the Board has done that in this
    section.
    —1—
    Cathy Busto
    429 Tomahawk Street
    Park Forest, Illinois 60466—2417
    January 17,
    2003
    IN THE MATTER OF:
    REVISION OF THE BOARD’S
    PROCEDURAL
    RULES:
    Docket Number R03-10
    The Administrative Procedure Act has been amended since
    the Pollution Control Board last completely revised its
    procedural rules.
    Effective August
    9,
    2001, the
    Administrative Procedure Act now requires that rulemaking
    proposals published in the Illinois Register describe any
    published study or research report used in developing the
    rule and where the public may obtain a copy.
    In Sections
    102.202 and 102.210, the Board has proposed the addition
    of a paragraph to reflect this new requirement.
    Section 102.820,
    Subpart H is a new section which details
    the petition contents for an Outstanding Resource Water
    Designation.
    This section also has a paragraph added
    which reflects the new requirement that rulemaking proposals
    published in the Illinois Register describe any published
    study or research report used in developing the rule and
    where the public may obtain a copy.
    The procedural rule changes which the Board has proposed
    for Sections 102.202,
    102.210, and 102.820, Subpart H will
    incorporate the recent statutory amendments to the
    Administrative Procedure Act.
    The proposed rule changes
    will also make it easier for the public to obtain
    information regarding any published studies or research
    reports which have been used in developing the rulemaking
    proposals which are published in the Illirois Register.
    I support the final adoption of these new procedural rules
    which will facilitate public participation in all
    ajudicatory and regulatory proceedings pending before the
    Illinois Pollution Control Board.
    Sincerely,
    (Miss) Cathy Busto
    —2—

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