ILLINOIS POLLUTION CONTROL BOARD

January 24, 1991

IN THE MATTER OF:

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RACT DEFICIENCIES IN THE

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METRO-EAST AREA: AMENDMENTS

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R91-8

TO 35 ILL.ADM.CODE PART 215

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(Rulemaking)

AND THE ADDITION OF PART 219

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ORDER OF THE BOARD (by J. Theodore Meyer):

On January 17, 1991, the Illinois Environmental Protection

Agency (Agency) filed this proposal for rulemaking. The proposal

seeks to correct deficiencies identified by the United States

Environmental Protection Agency in Illinois' state implementation

plan (SIP) for ozone for the Metro-East area, and contains

regulations requiring the implementation of reasonably available

control technology (RACT) for certain sources of volatile organic

material (VOM). The proposal is quite lengthy, and the Board has

not yet completed its review of the proposal. Board review of

the proposal will continue. This order does not constitute

acceptance of the proposal, as submitted, for hearing. (See 35

Ill.Adm.Code 102.160(b).)

However, the Agency has filed several motions with the

proposal, which the Board will address. The Agency asks that the

Board waive several of its procedural rules which govern the

filing of a regulatory proposal. Specifically, the Agency asks:

1) that it be allowed to submit three complete copies of the

proposal and seven partial copies of the proposal, rather than

the original and nine complete copies; 2) that it need not supply

the Attorney General with a complete copy of the proposal; 3)

that it be allowed to submit one of its supporting documents (in

this case, the federal implementation plan (FIP) docket) at a

later date; and 4) that it need not provide copies of material to

be incorporated by reference. The Board grants the Agency's

motion in part. The Agency need not submit ten complete copies

of the proposal, and, because the Attorney General has agreed to

accept a partial copy of the proposal, the Agency need not serve

a complete copy on the Attorney General. The Agency may submit

the FIP docket at a later date, as directed by the hearing

officer. Pending complete review of the proposal, the Board

reserves ruling on the Agency's request not to submit materials

incorporated by reference.

The Agency has also submitted a request for expedited

hearing, based upon its statement that the 1990 Clean Air Act

Amendments require Illinois to submit its RACT deficiency SIP

revisions to USEPA by May 15, 1991. The Board assures the

Agency, and all other interested persons, that the Board places a

high priority on the quick resolution of this proposal, and will

proceed as quickly as possible. The Board notes, however, that

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it is constrained by requirements imposed by several statutes.

Several of the dates suggested by the Agency in its motion are

impossible to meet. For example, the Agency suggests that the

Board issue a hearing notice tomorrow and hold hearings on

February 25 and 26. However, federal law , as well as the

Board's procedural rules, require that notice of hearings on air

pollution proposals be published at least 30 days prior to the

hearing date. (See 40 CFR 51.102; 35 Ill.Adm.Code

102.162(a)(1).) It is obviously impossible for this Board to

schedule hearing locations and have state-wide notice actually

published by tomorrow. Thus, the Board will proceed with this

proposal as quickly as possible.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on the

_______ day of _________________, 1991, by a vote of _______.

______________________________

Dorothy M. Gunn, Clerk

Illinois Pollution Control

Board