ILLINOIS POLLUTION CONTROL BOARD
February 27,
1992
IN THE MATTER OF:
EXPANSION OF APPLICABILITY OF
REASONABLY AVAILABLE CONTROL
TECHNOLOGY FOR OZONE TO GOOSE
)
R91-28
LAKE ANP AUX SABLE TOWNSHIPS IN
)
(Rulemaking)
GRUNDY COUNTY,
ILLINOIS, AND
OSWEGO TOWNSHIP IN KENDALL COUNTY
ILLINOIS:
AMENDMENTS TO 35 ILL.
ADN.
CODE PARTS 215 AND 218
ORDER OF THE BOARD
(by R.
C.
FleTnal):
On February
18,
1992,
the Illinois Environmental Protection
Agency
(Agency)
filed this proposal
for rulemaking.
The proposal
is
intended to expand the geographical applicability of
reasonably available control technology
(RACT)
regulations to
certain stationary sources of volatile organic material
(VON)
in
Goose Lake and Aux Sable Townships
in Grundy County,
Illinois,
and to Oswego Township in Kendall County,
Illinois.
On July 25,
1991,
the Board adopted revisions to the State implemention plan
(SIP)
to make it consistent with the existing Federal
implementation plan
(FIP)
(Board docket R91-8).
The revised SIP
contains a complete set of RACT regulations applying to
stationary VOM sources located in the six Chicago area counties
of Cook,
Lake,
DuPage,
Kane,
McHenry,
and Will.
However, the
regulations do not include Aux Sable and Goose Lake Townships
in
Grundy County and Oswego Township in Kendall County.
The Agency
states that because these townships have now been included within
the Chicago area boundaries designated by USEPA as nonattainment
for ozone,
they also must be included
in the SIP.
Pursuant to a provision of the Clean Air Act Amendments
(CAA)(42 USC §7511a(c)
and a(b)(2)),
Illinois is to submit these
regulations changing the applicability of parts 215 and 218
as
a
revision to its SIP by November 15,
1992.
After a review of the proposal, the Board finds that the
proposal substantially meets the requirements of the
Environmental Protection Act
(Act)
(I1l.Rev.Stat.
1991,
ch.
111
1/2,
par.
1001 et.
seg) and the Board’s procedural rules.
The
hearing officer is authorized and directed to require the Agency
to provide any additional information which may be necessary.
The proposal
is accepted for hearing.
This order starts the
timeclock for the Board’s economic impact study
(EcIS)
determination and for first notice publication pursuant to
130—475
2
Sections 27 and 28.2 of the Act.
(See 35 Ill.Adm.Code
102.160(b).)
The Agency has filed several motions with the proposal.
The
Agency asks that the Board waive certain requirements which
govern the filing of a regulatory proposal.
Specifically,
the
Agency asks:
1) that it be allowed to submit four complete copies
of the proposal and six partial copies of the proposal, rather
than the original and nine complete copies; and 2) that it need
not supply the Attorney General with a complete copy of the•
proposal.
The Board grants the Agency’s motion.
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 has also submitteda request for expedited
hearing,
based upon its statement that the 1990 Clean Air Act
Amendments require Illinois to submit these rules changing the
applicability of parts 215 and 218 by November 15,
1992.
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 it
is constrained by notice,
publication,
and hearing requirements imposed by several statutes.
Nevertheless, the Board will proceed with this proposal as
quickly as possible.
The Board also notes that the Agency has certified, pursuant
to Section 28.2 of the Act, that this rule is federally required.
The Board accepts that certification, and will reference the
certification
in its first notice publication.
IT IS SO ORDERED.
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby cert~.fythat the above Order was adopted a
the
~
day of
~
,
1992,
by a vote of
______
~
Dorothy M4Gunn,
Clerk
Illinois (~‘ollutionControl Board
130—476