NOTICE OF FILING
JUN
712004
STATE OF ILLINOIS
R04-24
Pollution
Qon~rojBoard
(Procedural Rulemaking)
TO:
Dorothy M.
Gunn,
Clerk
Illinois Pollution Control Board
James R.
Thompson Center
100 W.
Randolph
St.,
Suite
1 1-500
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 ofthe COMIVIENTS
OF
TIlE ILLINOIS
ENVIRONMENTAL REGULATORY GROUP on behalfof the 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
REGULi~ORYGROUP,
L
By:
(i
Robert A. Messiila
BEFORE THE ILLiNOIS POLLUTION CONTROL ~
INTHEMATTEROF:
)
)
AMENDMENTS
TO
THE B OAR)’
S
)
PROCEDURAL RULES TO ACCOMMODATE
)
NEW STATUTORY PROVISIONS:
)
35
ILL. ADM.
CODE 101-130
)
THIS
FILING
SUBMITTED ON
RECYLCED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
IN THE
MATTER
OF:
)
)
AMENDMENTS TO THE BOARD’S
)
R04-24
PROCEDURAL RULES TO ACCOMMODATE)
(Procedural Rulemaking)
NEW STATUTORY PROVISIONS:
)
351LL.ADM.
CODE
101-130
)
COMMENTS
OF
THE
ILLINOIS
ENVIRONMENTAL REGULATORY GROUP
NOW COMES the
ILLiNOIS
ENVIRONMENTAL
REGULATORY GROUP
(“IERG”),
by one ofits 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 supports the Board’s proposed amendments in R04-24, and thanks
the Board for
the opportunity to submitthese comments
today.
IERG only
wishes
to address onetopic 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 with the 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 reyision were to be updated usingthe new procedure
included in the Board’s proposal, the Illii~ioisEPA suggests, that revision may be unapprovable.
The Illinois EPA therefore suggests changes to the Board’s language.
These changes, however,
are unnecessary.
Reading a little further past the provision
which the Illinois EPA cites, the Board will note two relevant provisions.
Proposed
Section
102.211(e) states:
“if
an objection to the proposed amendment is filed during the public
comment period..
.
thenthe proposed amendment cannot be adopted pursuantto this Section.”
Proposed
35
Ill. Admin.
Code
§
102.211(e).
Also,
proposed Section 102.211(f) states that
“nothing
inthis 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 wherethe Illinois EPA seeks to propose to the Board
an updated incorporation by reference, which must be approvedby the U.S. EPA after a public
hearing is held by the State, then the 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 than the
Illinois EPA, and
Illinois EPA believes that a
public hearing must be held to
satisfy appiicable federal requirements,
then
the
Illinois EPA
can
simply object to the rulemaking proceeding under this expedited procedure,
pursuantto proposed
subsection (e).
Clearly, the concerns
ofthe Illinois
EPA can be easily addressed through the
provisions of proposed Section 102.2 11
as it exists in R04-24.
Respectfully submitted,
ILLINOIS
ENVIRONMENTAL
REG~?GR~~~
Robei t A. Messma
Dated:
June 18, 2004
Robert A. Messina
General Counsel
Illinois Environmental Regulatory Group
3150 Roland Avenue
Springfield, illmois
62703
(217) 523-4942
IERG:OO1/.FifBd procedural
rule
comments
CERTIFICATE OF SERVICE
The undersigned hereby certifies that he has served one copy of the COMMENTS
OF THE
ILLINOIS ENVIROI’SIMENTAL
REGULATORY GROUP upon:
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R.
Thompson Center
100 W.
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 ofLegal 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.
IERG:OOlIFi/COS
—
Public
Comment
1
obert A. Me
sina