ILLINOIS POLLUTION CONTROL BOARD
    August
    2.2,
    1991
    IN THE MATTER OF:
    PM-lO EMISSION LIMITS FOR THE
    McCOOK
    AND
    LAKE CALUMET AREAS
    OF COOK COUNTY,
    ILLINOIS, AND
    )
    R91-22
    THE
    GRANITE
    CITY AREA OF
    )
    (Rulemaking)
    MADISON COUNTY, ILLINOIS:
    )
    AMENDMENTS TO 35 ILL.ADM.CODE
    PARTS 211
    AND
    212
    ORDER OF THE BOARD
    (by J. Theodore Meyer):
    On August
    19,
    1991,
    the Illinois
    Environmental
    Protection
    Agency
    (Agency)
    filed this proposal for rulemaking.
    The proposal
    is
    intended
    to
    regulate particulate matter with
    an aerodynamic
    diameter less than or equal to a nominal
    10 micrometers, which is
    known -as PM—b.
    The proposal
    represents one part
    of
    Illinois’
    submittal
    of
    a complete
    state implementation plan
    (SIP)
    for the
    control of PM-b
    emissions.
    Pursuant to Section 189 of the Clean
    Air Act,
    as amended in 1990,
    Illinois is to adopt and submit its
    plan by November 15, 1991.
    This proposal is directed at the McCook
    and Lake Calumet areas in Cook County, and to the Granite City area
    in Madison County.
    The Board is currently considering a proposal
    to control PM-b
    in the Oglesby area in LaSalle County,
    in docket
    R9l—6.
    After
    a
    review
    of the proposal,
    the Board
    finds
    that
    the
    proposal substantially meets the requirements of the Environmental
    Protection Act
    (Act)
    (Ill.Rev.Stat.
    1989,
    ch.
    111 1/2,
    par.
    1001
    et.
    seq)
    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 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 several 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;
    2) that it need not supply the
    Attorney General with a complete copy of the proposal;
    3) that the
    entire package not be submitted at this time;
    and 4) that it need
    not provide copies
    of material
    to be incorporated by reference.
    125—459
    2
    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.
    Because
    the
    documents
    which
    are
    proposed
    to
    be
    added
    to
    the
    incorporation by reference provisions
    are
    Parts
    of the
    Code
    of
    Federal
    Regulations,
    the Agency
    need not supply the Board
    with
    copies of those documents.
    As to the Agency’s request that it not
    be required to submit the entire package at this time,
    the Board
    is uncertain of the meaning of the Agency’s request.
    Although the
    motion to waive requirements does not elaborate on the request, the
    Board
    assumes
    that
    the
    request
    refers
    to
    the
    Agency’s
    representation in its statement of reasons that the Granite City
    area proposal
    is not complete.
    The Board notes that a regulatory
    proposal can be amended,
    but cautions the Agency that amendments
    made after this proposal is published in the Illinois Register for
    first notice may require a separate first notice publication.
    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 PM—b
    SIP to USEPA by November 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
    it
    is constrained
    by
    notice,
    publication,
    and hearing requirements imposed by several
    statutes.
    Because of these statutory requirements, it is literally
    impossible to complete the rulemaking process by the November 15
    deadline.
    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.
    Finally, the Board
    points out that it has added a reference to the actual Parts being
    amended to the caption of this order.
    This amended caption shall
    be used in this proceeding.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby cer~ifythat the above
    Order
    was
    adopted
    on
    the
    ~
    day of
    _______________,
    1991, by a vote of
    7-~2
    ~,
    Dorothy N. ~inn, Clerk
    Illinois Poflution Control Board
    125—4b0

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