ILLINOIS POLLUTION CONTROL BOARD
December
15,
1988
IN THE MATTER OF:
)
AMENDMENTS TO CHAPTER
2
)
R79—14
POLLUTION CONTROL BOARD
)
RULES AND REGULATIONS
)
ORDER OF THE BOARD
(by J.D. Dumelle):
The Illinois Environmental Protection Agency (Agency)
filed
the above—entitled proposal with the Pollution Control Board
(Board) on December
24, 1979.
Hearings were held on October
22,
23,
1980, December
10,
1980, January 11,
1982, January 21,
1983,
February 7,
1983,
and April
17, 1987.
On September 30,
1986 the
Department
of Energy and Natural Resources filed
a negative
declaration, stating that the preparation of an economic impact
statement
(EcIS) was not necessary.
The Economic and Technical
Advisory Committee filed
its concurrence on the finding that an
EcIS
is
not necessary on December
20, 1986.
When originally submitted in
1979,
the proposed amendments
to the Air Pollution Rules were intended
“primarily to clarify
and streamline present requirements and
to eliminate
or modify
certain requirements
in order
to increase efficiency and reduce
the burden on industry due
to unnecessary or marginally useful
requirements.”
The Agency proposal was to amend the Board
rules
as the rules existed at that time.
However,
in
1984,
codification of the Board Rules was completed.
As a result, on
October
29,
1985,
the Agency submitted an amended proposal which
atfempted
to harmonize the substance of the proposal with the
codified version of the rules.
In addition,
the Agency
incorporated amendments necessitated by changes
in federal
regulations.
On January
8,
1986,
the Agency filed a corrected
version of its amended proposal.
Since
that time, nothing new
has been added
to the proposal.
Unfortunately,
the Board has been unable
to act on this
rulemaking until only very recently.
The Board has reviewed the
record and has determined
that this proposal aimed
at “cleaning—
up” the Air Pollution Regulations itself need cleaning—up.
Because the Board has devoted much of its attention
to adopting
the numerous RACT and other
air rulemakings, the state
of the air
pollution regulations has changed significantly since
the filing
of the most recent proposal
in this proceeding almost
three years
ago.
Moreover, USEPA has adopted amendments
to the federal
regulations which affect the currentness
of the proposal.
Thus,
it has become apparent that
a thorough review of the proposal
is
in order
which addresses the impact of subsequent events,
both
94—169
—2—
state and federal.
The Board
is aware that the Agency has
expended great effort
in reviewing and updating the air pollution
regulations and
is
in the process
of preparing a new proposal for
submission.
Because the Board believes that the new proposal will
significantly differ
from the R79—14 proposal, the Board sees no
reason to retain docket number R79—l4 and will open a new docket
upon submission of the new proposal.
The Board will consider
incorporating from this docket evidence and material relevant
to
the updated proposal into the new docket.
Th~Board requests
comment on which materials would be appropriate for incorporation
at the time of filing of the new docket.
The
instant docket
is
dismissed,
IT
IS
SO ORDERED.
I,
Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereb~~çertifythat
~
above Order was adopted on
the
/5~
day
of:
~~~-~c-’
,
1988 by a vote
of
Dorothy M.JGunn,
Clerk
Illinois ~o1lution Control Board
94—170