ILLINOIS POLLUTION CONTROL BOARD
    April 9, 1992
    IN THE
    MATTER
    OF:
    )
    )
    EXEMPTIONS FROM THE DEFINITION
    )
    R92-6
    OF VON, USEPA REGULATIONS
    )
    (Identical in Substance Rules)
    (JULY 1 THROUGH DECEMBER 31,
    )
    1991)
    )
    Proposed Rule.
    Dismissal Order.
    ORDER OF THE BOARD (By J. Anderson):
    Section 9.1(e) of the Environmental Protection Act (Act)
    requires the Board to adopt regulations which are “identical in
    substance” with USEPA policy statements that exempt compounds
    from the definition of volatile organic compound due to their
    negligible photoreactivity.
    Until the opening of this docket, the Board has amended its
    definition of volatile organic material (VON) as we have noticed
    that USEPA has amended its recommended policy statement. In all
    other substantive areas where the Board has an identical-in—
    substance mandate, we have routinely reserved dockets at the end
    of each update period without regard to whether we are aware of
    USEPA amendments or not. In this way the Board assures that we
    examine USEPA activities during the update period before we take
    action to dispose of each docket. This system has worked well in
    the state RCRA, UIC, UST, pretreatment, and SDWA programs to
    assure a timely and thorough periodic review of the federal
    rules. The Board believes that this system is appropriate, for
    the mandate pertaining to the federal exemption of negligibly-
    reactive compounds from PACT regulation. Accordingly, the Board
    reserved this docket for USEPA amendments to its policy exempting
    negligibly-reactive compounds during the period from July 1
    through December 31, 1991.
    In the prior docket, R91-10, the Board adopted amendments to
    Parts 211 and 215 that implement revisions to the federal policy
    exempting negligibly—reactive compounds which occurred on March
    18, 1991, at 56 Fed. Reg. 11418. In docket R91-24, the Board has
    proposed amendments to Parts 203, 218, and 219 that further
    implement the federal revisions of March 18, 1991. USEPA adopted
    a new definition of “volatile organic compound” at 40 CFR
    51.100(s), effective March 4, 1992, 57 Fed. Reg. 3941 (Feb. 3,
    1992), and simultaneously withdrew its “Recommended Policy on the
    Control of Volatile Organic Compounds.” Docket R91-24 considers
    the impact of the adoption of the new federal definition. The
    Board has interpreted that the mandate of Section 9.1(e) would
    require us to adopt any amendment of the federal policy as
    embodied in the federal definition of “volatile organic
    compound.” In re Exemptions from the Definition of VON, R91-24
    (Feb. 27, 1992) (Proposed opinion and order).
    133—111
    2
    In light of the foregoing discussion, the Board has examined
    the federal rules for USEPA revisions to its policy exempting
    negligibly—reactive compounds from PACT regulation. USEPA did
    not amend its policy statements during the current update period
    of July 1 through December 31, 1991.
    For the foregoing reasons, the Board hereby dismisses this
    proceeding.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby certify t~t the above order was adopted on the
    ~
    day of ______________________, 1992, by a vote of
    DorothyM. G~yf~,Clerk’
    Illinois Po~Aition Control Board
    133—112

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