ILLINOIS POLLUTION CONTROL
    BOARD
    February 7,
    1991
    IN THE MATTER OF:
    )
    )
    RACT DEFICIENCIES IN THE
    )
    METRO-EAST AREA:
    AMENDMENTS
    )
    R91-8
    TO 35 ILL.ADN.CODE PART 215
    )
    (Rulemaking)
    AND THE ADDITION OF PART 219
    )
    ORDER OF THE BOARD
    (by J. Theodore Meyer):
    On January
    17,
    1991,
    the Illinois Environmental Protectio
    Agency (Agency)
    filed this proposal for rulemaking.
    The proposa
    seeks
    to
    correct deficiencies
    identified by
    the
    United
    StatE
    Environmental Protection Agency
    in Illinois’ state implementatic
    plan
    (SIP)
    for
    ozone
    for
    the
    Netor—East
    area,
    and
    contaii
    regulations requiring the implementation of reasonably availab
    control technology
    (RACT)
    for certain sources of volatile organ
    material (VON).
    After review of the proposal, the Board finds th
    the
    proposal
    substantially
    meets
    the
    requirements
    of
    t
    Environmental Protection Act
    (Act)
    (Ill.Rev.Stat.
    1989,
    ch.
    1/2,
    par.
    1001
    et.
    seq)
    and the Board’s
    procedural rules.
    ‘J
    hearing officer
    is authorized and directed to require the Agel
    to provide any additional information which may be necessary.
    proposal is accepted for hearing.
    This order starts the timed
    for the Board’s economic impact study (EcIS) determination deadi
    and for first notice publication pursuant to Sections
    27 and
    2
    of the Act.
    See 35 Ill.Adm.Cocle 102.160(b).
    In its January
    24,
    1991 order
    in this proceeding, the
    B
    reserved ruling on the Agency’s request that
    the- Board waive
    requirement
    that
    the
    Agency
    provide
    copies
    of
    material
    tc
    incorporated by
    reference.
    35
    Ill.Adm.Code
    102.121(f).
    A
    review of the materials proposed to be incorporated by referE
    the Board grants the motion
    in part only.
    The Agency need
    provide copies of sections from the Code of Federal Regu1at~
    and
    need
    not
    provide
    copies
    of
    materials
    which
    are
    al~
    incorporated
    by
    reference
    in
    Part
    215
    of
    the
    Board’s
    r’
    However,
    all
    other
    materials
    proposed
    to
    be
    incorporate
    reference must be furnished to
    the Board.
    The Agency shall pr
    one copy of each item to the
    Board.
    If an item proposed
    incorporated by reference is already incorporated in Part 21~
    Agency shall indicate where that item is incorporated.
    The hE
    officer shall establish the deadline for submission of these
    Additionally,
    the
    Agency
    has
    asked
    that
    the
    Board
    waiv
    requirement that it provide
    a copy of the federal implemen
    plan (FIP) docket with this proposal.
    The Agency will provi.
    FIP docket in R91-7,
    the companion proceeding to this ruleit
    Because the rIP docket is over one thousand pages long, and
    k
    118—413
    2
    the actual document will be in the Board’s possession as part of
    R91-7,
    the Agency’s motion is granted.
    The
    Agency
    has
    certified
    that
    this
    proposal
    meets
    the
    definition of “required rule”
    in Section 28.2(a)
    of the Act,
    and
    that therefore this rulemaking
    is federally required.
    The Board
    notes
    that Section
    28.2 was amended
    by
    P.A.
    86-1409,
    effective
    January 1,
    1991.
    These amendments require the Board to accept or
    reject an Agency certification within 45 days.
    If the Board does
    not act within 45 days, the certification shall be deemed granted.
    Section 28.2(b)
    of the Act.
    The Board notes that this new statute
    conflicts
    somewhat with the
    Board’s procedural
    rules
    governing
    Agency
    certifications
    (see
    35
    Ill.Adm.Code
    l02.Subpart
    F),
    but
    finds that the new statutory provisions
    govern this proceeding.
    The Board accepts the Agency’s certification that this proposal is
    federally required, pursuant to Section 28.2 of the Act, as amended
    by P.A. 86—1409.
    Finally, the Board reiterates that it places a high priority
    on the quick resolution of this proposal.
    The Board will proceed
    as quickly as possible.
    The Board is considering the possibility
    of proceeding pursuant to the emergency rulemaking provisions of
    Section 27(c)
    of the Act and Section
    5.02
    of the Administrative
    Procedure Act
    (Ill.Rev.Stat.
    1989,
    ch.
    127,
    par.
    1005.02),
    in
    addition to following “regular rulemaking” procedures.
    IT IS SO ORDERED.
    I,
    Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby
    certify that
    the above
    Order was
    adopted
    on
    the
    ‘7t~
    day of
    ~
    ,
    1991, by a vote of
    ~ —O
    Dorothy N. finn,
    Clerk
    Illinois PoVlution Control Board
    118—4
    14

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