ILLINOIS POLLUTION CONTROL BOARD

November

25,

1987

IN THE MATTER OF:

PROPOSED AMENDMENTS TO PART

)

 R86-40

211 AND 215, AIR OXIDATION

PROCESSES

 IN THE SYNTHETIC

ORGANIC CHEMICAL MANUFACTURING

INDUSTRY

RESOLUTION

 IN RESPONSE

 JCAR OBJECTION.

RESOLUTION AND ORDER OF

TUE

 BOARD

 (by J.D. Dumelie):

This

 resolution and order

 constitutes

 the Pollution Control

Board’s

 (Board)

 formal refusal

 to modify

 in response

 to the

objection

of

 the Joint Committee

on

Administrative Rules

 (JCAR)

of November

19,

 1987.

 This response

 is made

 in accordance with

Section 7.06(c)(3)

of

 the Illinois Administrative Procedure Act

(APA).

 A notice

 of refusal to modify will

 be timely filed with

the Secretary of State for publication

in

 the Illinois Register.

The JCAR objection

 reads,

 in pertinent part,

as

 follows:

The Joint Committee objects

to

 the Pollution

Control

 Board’s

 rules

 entitled

 “Organic

Material Emission

 Standards

 and Limitations”

35

 Ill.

 Adm.

 Code

 215,

 because

the

 Board

failed

to

 comply

 with

the

 regulatory

flexibility

 requirements

of

 Section

 5.01

of

the Illinois Environmental Protection Act.

Although “not applicable” may not be appropriate,

 as JOAR

alleges,

the

Board believes that

 no adverse effect will result

from its inclusion as

 a response to

 the regulatory flexibility

question

in

this proceeding.

 The record indicates

 that only 19

plants are affected by

 the proposed regulations,

 arid none of

those plants are small businesses.

 (See Table

7

 of Exhibit No.

3).

Moreover,

 the only remedy would appear

 to be reproposing

the

regulations

 for First and Second Notice.

 The Board does not

believe

 that

 this would best serve

 the public interest

 in light

of the current December

 31, 1987 deadlines imposed by

the

Clean

Air Act for

 the imposition of reasonably available control

technology

 (RACT) on sources

 of air pollution.

Finally,

 small

 businesses have

 received notice

of

the

proposed regulations through state—wide publication

in

the

83-239

—2—

Illinois Register and

 through notice

 to the Department of

Commerce and Community Affairs

 (DCCA).

 The Boar~dhas received

no

comments from small businesses during the comment period.

Therefore,

 the Board refuses

 to modify in response

 to the

objection of JCAR.

IT

 IS SO ORDERED.

I, Dorothy M. Gunn, Clerk

 of the Illinois Pollution Control

Board,

 hereby certify

 that the above Resolution and Order was

adopted

 on the

‘~

 day of

 2-i~..(..c.aI

 1987 by a vote

of

______________

Illinois Pollution Control Board

83—240