ILLINOIS POLLUTION CONTROL
    BOARD
    June
    30,
    1988
    IN THE MATTER OF:
    PARTICULATE EMISSION LIMITATIONS,
    )
    RES 88-2
    RULE 203(g)(1)
    AND 202(b)
    OF
    )
    R82—I(B)
    CHAPTER
    2
    RESOLUTION
    IN RESPONSE TO JCAR OBJECTION.
    RESOLUTION AND ORDER OF THE BOARD
    (by J.D.
    Dumelle):
    This Resolution
    and Order constitutes the Pollution Control
    Board’s
    (Board)
    formal response
    to the June
    14,
    1988 Objection
    of
    the Joint Committee on Administrative
    Rules
    (JCAR).
    Section
    7.06(c)
    of
    the Administrative Procedure Act
    (APA)
    requires
    that
    an Agency respond within
    90 days
    of an Objection.
    Section
    7.06(c)
    of
    the APA states that,
    an Agency may
    (1) modify the
    proposed rule or amendment
    to meet the Joint Committee’s
    Objection,
    (2) withdraw
    the proposed rule or amendment
    in
    its
    entirety
    or
    (3)
    refuse
    to modify
    or withdraw the proposed
    rule or
    amendment.
    For
    the reasons set forth below,
    the Board hereby
    refuses
    to modify
    or withdraw the proposed rules.
    The JCAR objection reads,
    in pertinent part,
    as follows:
    The
    Joint
    committee
    objects
    to
    the Pollution
    Control
    Board’s
    rules
    entitled
    Hearing
    Pursuant
    to Specific Rules,
    “35 Ill.
    Adm.
    Code
    106,
    because
    contrary
    to Section
    28.1
    of
    the
    Environmental Protection
    Act
    (Ill.
    Rev.
    Stat.
    1987,
    ch.
    111
    1/2,
    par.
    1028.1)
    the Board has
    issued
    adjusted
    standards
    pursuant
    to Section
    28.1
    and published
    the
    list
    of
    those adjusted
    standards
    in
    the
    Environmental
    Register
    but
    has
    failed
    to
    publish
    lists
    of
    the
    adjusted
    standards
    in the Illinois Register.
    The Board strongly disagrees with
    the JCAR Objection.
    First,
    the
    rationale for the Objection
    is unrelated
    to
    the
    proposed rules which were before JCAR for second notice review.
    The proposed
    rules set forth procedures
    to be utilized whenever
    an adjusted standard
    is sought under
    35
    111.
    Adm. Code 212.126.
    The Joint Committee has no objection
    to the language or content
    of the proposed rules;
    however,
    it finds
    the rules objectionable
    because
    the Board allegedly has not
    in past years published
    lists
    of adjusted standard determinations,
    in the Illinois Register.
    The Board can only note that
    it has not
    as yet rendered any
    adjusted standard determination pursuant to Section
    28.1
    of the
    90—587
    —2—
    Act:
    when the Board adopts adjusted standard determinations
    under Section 28.1 of the Act,
    a list of those determinations
    will be published
    in the Illinois Register.
    Second,
    the fact that the Board has not yet adopted any
    adjusted standard determination pursuant
    to Section 28.1 was
    conveyed
    to the Joint Committee.
    The Board offered
    to make any
    modification necessary to satisfy the Joint Committee and thus to
    avoid the Objection, but
    (1)
    the Joint Committee was unable to
    suggest any such modification and
    (2)
    no modification exists that
    can correct the Joint Committee’s perceived problem.
    The Board
    notes that modification pursuant
    to Section 7.06 of the APA
    is
    thus not
    a practical response
    to the Objection:
    the Board
    is
    effectively precluded from utilizing this type of
    response.
    Nor
    can the Board in good conscience utilize the withdrawal
    type of
    response.
    These rules are necessary for federal approval of
    the
    state implementation plan and, moreover, provide flexibility to
    sources that cannot comply with the general
    rules.
    Thus,
    withdrawal
    of the rules would
    be contrary
    to the best interests
    of the state.
    The Board does not take a Joint Committee Objection
    lightly.
    Section 7.06 of the APA sets forth the universe of
    possible Board responses.
    As neither modification nor withdrawal
    of the proposed rules are practical responses to the
    Objection,
    the Board’s only recourse is
    to refuse
    to modify
    (although that
    is not an accurate statement)
    or withdraw the proposed rules.
    The Board regrets that this
    is the case,
    but believes that it
    is
    in the best interests of the state
    to do so.
    IT
    IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk
    of the Illinois Pollution Control
    Board,
    hereby certify that
    he above Resolution was adopted on
    the
    ________________
    day of
    _____________,
    1988 by a vote
    of
    Dorothy
    M. ~tinn,Clerk
    Illinois Pollution Control Board
    90—588

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