IN THE MATTER OF:
AMENDMENTS TO TUE BOARD’S
PROCEDURAL RULES TO ACCOMMODATE
NEW
STATUTORY PROVTSIONS:
)
35
ILL.
ADM. CODE 101-130
)
NOTICE
OF
FILING
TO:
Dorothy M.
Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100W.
Randolph St.,
Suite 11-500
Chicago, Illinois
60601
(VIA FIRST CLASS MAIL)
Richard McGill,
Esq.
Hearing Officer
Illinois Pollution Control Board
James R.
Thompson Center
100 W.
Randolph Street
Suite 11-500
Chicago, Illinois
60601
(VIA FIRST CLASS MAIL)
(SEE
PERSONS ON ATTACHED
SERVICE LIST)
PLEASE TAKE NOTICE that I have filed with the Office ofthe Pollution
Control Board an
original and nine copies of the COMMENTS
OF
THE
ILLINOIS
ENVIRONMENTAL REGULATORY GROUP
on behalfofthe Illinois
Environmental Regulatory Group, a copy ofwhich is herewith served upon you.
Dated:
June
18, 2004
Robert A. Messina
General Counsel
Illinois Environmental Regulatory Group
3150 Roland Avenue
Springfield, Illinois
62703
(217) 523-4942
Respectfully submitted,
ILLiNOIS ENVIRONMENTAL
REGUL
ORY GROUP,
By:
Robert A. Messi
a
RECE~VED
CLERK’S OFFICE
JUN
2
12004
BEFORE THE ILLINOIS POLLUTION CONTROL
BO~TE
OF ILLINOIS
~on
Control Board
)
)
)
)
R04-24
~
/7’~~
(Procedural Rulemaking~
THIS
FILING
SUBMITTED
ON
RECYLCED PAPER
CERTIFICATE OF SERVICE
The undersigned hereby certifies that he has served one copy ofthe COMN’IENTS
OF
THE ILLiNOIS ENVIRONMENTAL
REGULATORY GROUP
upon:
Dorothy M.
Gunn, Clerk
Illinois Pollution Control Board
James R.
Thompson Center
100W. Randolph St.,
Suite 11-500
Chicago, Illinois
60601
LaDonna Driver
Hodge Dwyer Zeman
3150 Roland Avenue
P.O. Box
5776
Springfield, Illinois
62705-5776
Richard McGill, Esq.
Hearing Officer
Illinois Pollution
Control Board
James R.
Thompson Center
100 W. Randolph Street
Suite 11-500
Chicago, Illinois
60601
Rachel L. Doctors, Assistant Counsel
Division of Legal Counsel
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois
62794-9276
by placing said documents in the United States Mail in
Springfield, Illinois on June
18,
2004.
ERG:OOlfFi/COS
—
Public Comment
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOARD
iN THE
MAYFER
OF:
)
JUN
21
2004
AMENDMENTS
TO THE BOARD’S
)
R04-24
STATE OF ILLINOIS
PROCEDURAL
RULES
TO
ACCOMMODATE)
(Procedural
Rulemak
J~’°t~
Control Board
NEW STATUTORY PROVISIONS:
)
35
ILL. ADM.
CODE 10 1-130
)
COMMENTS
OF
THE
ILLINOIS
ENVIRONMENTAL REGULATORY GROUP
NOW COMES the ILLINOIS
ENVIRONMENTAL
REGULATORY GROUP (“IERG”),
by one of
its
attorneys,
Robert A.
Messina, and submits the following comments in the above-
referenced matter
to the Illinois
Pollution Control Board
(“Board”), stating as follows:
IERG supportsthe Board’s proposed amendments in R04-24, and
thanks
the Board for
the
opportnnity
to
submit these comments today.
IERG only wishes to address one topic raised
by the Illinois Environmental Protection Agency (“Illinois
EPA”) in the comments
it filed on
June
15,
2004, regarding the procedure for incorporations by reference.
In its comments, the Illinois
EPA suggests that the new procedure may raise approval
issues withthe United States Environmental Protection Agency (“U.S. EPA”).
As Illinois
EPA
correctly points out, federal regulations require that a State hold apublic hearing on the contents
of
a State Implementation Plan (“SIP”) or SIP revision prior to seeking approval by U.S. EPA.
If
an incorporation by reference in a
SIP
revision were to be updated usingthe new procedure
included in the Board’s proposal, the Illinois EPA suggests, that revision may be unapprovable.
The Illinois EPA therefore suggests
changes to the Board’s language.
These changes, however, are unnecessary~Reading alittle
further
pastthe provision
which the Illinois EPA cites, the Boardwill note two relevant provisions.
Proposed Section
102.211(e) states:
“if
an objectionto the proposed amendment
is filed during the public
comment period.
.
.
thenthe proposed amendment cannot be adopted pursuant to this Section.”
Proposed 35
Ill. Admin.
Code
§
102.211(e),
Also, proposed Section 102.211(f) states that
“nothing
in this Section precludes the adoption of a change to an incorporation by reference
through other lawful rulemaking procedures.”
Proposed 35
Ill. Admin.
Code
§
102.211(f).
In other words, in those instances where the Illinois EPA seeks to propose to the Board
an updated incorporation by reference, which must be approved by the U.S. EPA after apublic
hearing is held by the State, thenthe Illinois EPA can simply proceed under “other lawful
rulemaking procedures”
as permitted by proposed subsection (f).
In those instances where a
similar proposal is made by someone other thanthe Illinois EPA, and Illinois EPA believes that a
public hearing must be heldto
satisfy applicable federal requirements, thenthe Illinois EPA can
simply object to the rulemaking proceedingunder this expedited procedure, pursuantto proposed
subsection (e).
Clearly, the concerns ofthe Illinois EPA can be easily addressed through the
provisions of proposed Section
102.211 as it exists in R04-24.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
REGUL
ORY GROUP,
By:
.
Robert A
Messin
Dated:
June 18, 2004
Robert A. Messina
General Counsel
Illinois Environmental Regulatory Group
3150 Roland Avenue
Springfield, Illinois
62703
(217)
523-4942
ERG:OO1/FilIBd
procedural rule comments
