ILLINOIS POLLUTION CONTROL BOARD
    May 15, 1997
    IN THE MATTER OF:
    CONFORMING AMENDMENTS FOR THE
    GREAT LAKES INITIATIVE: 35 ILL.
    ADM. CODE 302.101, 302.105,
    302.SUBPART E 303.443 AND 304.222
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    R 97-25
    (Rulemaking - Water)
    ORDER OF THE BOARD (by G.T. Girard, C. A. Manning, J. Yi):
    On April 30, 1997 the Illinois Environmental Protection Agency (IEPA) filed a motion
    asking that the Board “Accelerate Hearing Schedule” in the Board’s Great Lakes Initiative
    rulemaking. Specifically, the IEPA asked the Board adopt a tentative schedule for completion
    of this rulemaking which would include publishing a First Notice as soon as possible after the
    first hearing (scheduled for May 19, 1997) and rescheduling the second hearing (scheduled for
    July 28, 1997) to an earlier date. The IEPA requests this acceleration because of a letter it
    received from the United States Environmental Protection IEPA (USEPA) on April 1, 1997.
    The letter asked for a “schedule... including key milestones, for completing the State’s
    adoption process” in this matter. For the following reasons, the Board grants the IEPA’s
    motion in part and denies it in part.
    While the Board recognizes and respects the federal desire to complete this rulemaking
    in timely fashion, the Board notes the following. The IEPA filed this rulemaking proposal
    with the Board on March 21, 1997, only two days before the established federal guideline for
    its completion. Specifically, the USEPA’s Final Guidance regarding the Great Lakes Water
    Quality Initiative, which drives this rulemaking, was published on March 23, 1995 and
    required completion within two years. The IEPA has used the entire two year period
    generating a rulemaking proposal to submit to the Board and now requests Board expedience.
    However, the environmental rulemaking process in Illinois mandates compliance with various
    public notice, time and legislative review requirements found in the Illinois Environmental
    Protection Act (415 ILCS 5/1
    et seq
    .(1994)) and the Illinois Administrative Procedures Act (5
    ILCS 100/5-5
    et seq
    . (1994)). To conform with these statutory requirements, and allow for
    adequate public participation, this rulemaking process generally takes nine months from the
    time a rulemaking proposal is filed with the Board.
    In our April 3, 1997 order, the Board stated its commitment to completing this
    rulemaking as soon as possible. To reach that goal, the Board will adopt a substantive first
    notice opinion and order as soon as possible after the May 19, 1997 hearing. The Board will
    target June 19, 1997 as the date to proceed to first notice in this rulemaking. The targeted
    schedule for the completion of this rulemaking, based on first notice on June 19, 1997 is:
    First Hearing
    May 19, 1997
    First Notice Order
    June 19, 1997
    Second Hearing
    July 28, 1997
    2
    End of First Notice
    August 21, 1997
    Second Notice
    September 18, 1997
    Final Adoption
    November 6, 1997
    As the above schedule reflects, the Board does not accept the IEPA’s suggestion to
    reschedule the July 28 hearing. Because of statutory timeframes, moving that hearing forward
    into June will not materially effect the completion schedule of this rulemaking; rather, it could
    adversely effect the public’s participation in this proceeding. In particular, the July 28, 1997
    hearing will allow the public sufficient time to review the Board’s first notice opinion and offer
    comment or testimony as necessary.
    IT IS SO ORDERED.
    Board member Kathleen M. Hennessey abstains.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 15th day of May, 1997, by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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