ILLINOIS POLLUTION CONTROL BOARD
    March 20, 2008
    IN THE MATTER OF:
    PROPOSED AMENDMENTS TO
    GROUNDWATER QUALITY STANDARDS,
    35 IL. ADM. CODE 620
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    R08-18
    (Rulemaking – Public Water Supply)
    ORDER OF THE BOARD (by T.E. Johnson):
    On February 19, 2008, the Board received a rulemaking proposal from the Illinois
    Environmental Protection Agency (Agency) to amend the Board’s groundwater quality rules,
    which are set forth in Part 620 of Title 35 of the Illinois Administrative Code (35 Ill. Adm. Code
    620). Today, the Board accepts the Agency’s proposal for hearing.
    The Board’s Part 620 groundwater quality rules were originally adopted in November
    1991.
    See
    Groundwater Quality Standards (35 Ill. Adm. Code 620), R89-14(B) (Nov. 7, 1991).
    The rules implement provisions of both the Environmental Protection Act (Act) (415 ILCS 5
    (2006)) and the Illinois Groundwater Protection Act (415 ILCS 55 (2006)). As the Agency notes
    in the Statement of Reasons for its current proposal:
    it is periodically necessary to amend the Groundwater Quality Standards to
    account for new scientific data, update the groundwater standards that have
    been amended at the federal level, update technical references that are in the
    Incorporations by Reference, and address any additional groundwater parameters
    that have been discovered. Statement at 2;
    see
    ,
    e.g.
    , Proposed MTBE and
    Compliance Determination Amendments To Groundwater Quality Standards: 35
    Ill. Adm. Code 620, R01-14 (Jan 24, 2002) (amending groundwater quality
    regulations to include methyl tertiary-butyl ether (MTBE)).
    To that end, the proposed amendments, which are filed under Section 27 of the Act (415 ILCS
    5/27 (2006)), are “intended to keep the regulations current as the science and technical data
    behind the standards evolves.” Statement at 2.
    The Agency’s proposal is accompanied by a motion to waive the requirement to file one
    of the amended documents proposed for incorporations by reference, specifically:
    “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” USEPA
    [United States Environmental Protection Agency] Publication No. SW-846, as
    amended by Updates I, II, IIA, IIB, III, IIIA, and IIIB, prepared by USEPA and
    available from National Technical Information Service, 5285 Port Royal Road,
    Springfield, VA 22161 or online at
    http://wvvw.epa.gov/epaoswer/hazwaste/test/main.htm
    . Motion at 1.
    2
    The Agency maintains that this voluminous, multiple-volume reference is already in the Board’s
    possession and would be unduly burdensome and costly to copy.
    Id
    . The Board grants the
    motion.
    The Board finds that the Agency’s rulemaking proposal satisfies the content requirements
    of 35 Ill. Adm. Code 102.202. The Board accepts the proposal for hearing. The Board directs
    the hearing officer assigned to proceed expeditiously under the Title VII rulemaking provisions
    of the Act (415 ILCS 5/27, 28 (2006)) and the Board’s procedural rules (35 Ill. Adm. Code 102).
    IT IS SO ORDERED.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on March 20, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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