BEFORE THE POLLUTION CONTROL

BOARD

OF THE STATE

OF ILLINOIS

IN THE MATTER OF:

NOISE RULE UPDATE

AMENDMENTS TO

35

ILL.

ADM.

CODE

900 AND 903

FEB

1 3

2003

Dorothy Gunn, Clerk

Robert T. Lawley

Pollution Control Board

Dept. ofNatural Resources

100 W. Randolph, Ste 11-500

One Natural Resources Way

Chicago, Illinois 60601

Springfield, Illinois

62702

Attorney General’s Office

Environmental Bureau

188 W. Randolph,

20th

Floor

Chicago, Illinois 60601

PLEASE TAKE NOTICE

that I have today filed with the Office ofthe Clerk of the Pollution

Control Board the Notice of Proposed Amendments ofthe Illinois

Environmental Protection

Agency, a copy ofwhich is herewith served upon you.

ENVIRONMENTAL PROTECTION AGENCY

OF THE STATE OF ILLINOIS

By:

_________________

Kyle Ro~’nger

Assistant Counsel

DATE:

February

11, 2003

Agency File #

Illinois Environmental Protection Agency

1021 North GrandAve.,

E.

P.O. Box 19276

Springfield, IL 62794-9276

)

)

)

)

R03-8

(Rulemaking-Noise)

I

7~c~t

NOTICE

THIS FILING IS SUBMITTED

ON RECYCLED PAPER

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD~~~C~

Cr

p~~’1-~

Vh”~

IN THE MATTER OF:

)

FEB

.i~

~2Oa

)

3

NOISE RULE UPDATE:

)

R03-8

AMENDMENTS TO

35

ILL. ADM.

)

(Rulemaking

-

Noise)

CODE 900 AND 903

)

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY COMMENTS

ON THE

ILLINOIS POLLUTION

CONTROL BOARD’S NOTICE OF PROPOSED AMENDMENTS

The Illinois Environmental Protection Agency (“Illinois EPA”) thanks the Illinois Pollution

Control Board (“Board”) for its assent to

removing the Illinois EPA’s affirmative obligations under

35

Iii. Adm.

Code 900.104.

The Illinois EPA submits the following comment regarding the Board’s

Notice of Proposed Amendments to

35

Iii. Adm. COde 900 published at

25

Ill. Reg.

1889 (February

7, 2003):

The Board’s Notice ofProposed Amendments does not include any change to

35

Ill. Adm.

Code 900.104.

To implement the Board’s decision to remove the Illinois EPA’s

affirmative

obligations, the current rulemaking should include the following modification to

35

Ill. Adm. Code

900.104:

Section 900.104

Burden of Persuasion Regarding Exceptions

In any proceeding pursuant to this Chapter, if an exception stated in this Chapter

would limit an obligation, limit a liability, or eliminate either an obligation or a

liability, the person who would benefit from the application ofthe exception shall

have the burden ofpersuasion that the exception applies and that the terms of the

exception have been met.

The Agency shall cooperate with and assist persons in

determining the application ofthe provisions ofthis Chapter.

As noted in the Illinois EPA’s December 12

comments, this change is requested because the Illinois

EPA no longer operates a noise program.

---

DATED:

1.2~/(.O3

1021

North Grand Avenue East

P.O.

Box 19276

Springfield, IL

62794-9276

(217) 782-3397

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

Kyle RomT~ger,

Assistant

---

STATE OF ILLINOIS

)

)

COUNTY OF SANGAMON)

PROOF OF SERVICE

I,

the

undersigned,

on

oath

state

that

I

have

served

the

attached Notice

of Proposed

Amendments on behalfofthe Illinois Environmental Protection Agency upon the person to whom

it is directed, by placing a copy in an envelope addressed to:

Dorothy M. Gunn, Clerk

Pollution Control Board

James R. Thompson Center

100 West Randolph St.,

Ste 11-500

Chicago, Illinois

60601

Attorney General’s Office

Environmental Bureau

188 W. Randolph,

20th

Floor

Chicago, Illinois 60601

Robert T. Lawley

Dept. OfNatural Resources

One Natural Resources Way

Springfield, Illinois 62702

OFFICIAL

SEAL

BRENDA BOEHNER

NOTARY

PUBLIC.

STATE

OF

ILLINOIS

:i;MY

COMMISSION

EXPIRES

1 1.14.2005

and mailing it from Springfield, Illinois on

—

—

C)3

SUBSCRIBED AND SWORN TO BEFORE ME

this jj~dayof

f~

~

Notary Public