ILLINOIS POLLUTION CONTROL BOARD

April

12, 1973

IN MATTER OF:

AIR POLLUTION CONTROL REGUlATIONS--

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#R71-23

EMISSION STANDARDS

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SUPPLEMENTAL OPINION OF THE BOARD

(BY SN4UEL

T.

LAWTON,

JR.):

On April

13,

1972,

the Board adopted comprehensive Regulations

establishing emission standards and limitations for stationary

sources, being Part

II of the Air Pollution Control Regulations.

Rule 203(g) (1) (A)

established limits on the emission of parti-

culate matter with respect to “Existing Fuel Combustion Emission

Sources Using Solid Fuel Exclusively Located in the Chicago Major

Metropolitan Area”.

Subparagraph

(C) contained provisions with respect to “Existing

Controlled Fuel Combustion Emission Sources Using Solid Fuel Exclu-

sively”.

At the time of

the adoption of

the regulations aforesaid,

a

proviso was included in the Regulations, which provided as follows:

“PROVISO

Nothing in this rule 203(g)(l)

shall be construed to

apply in any manner inconsistent

with the following

paragraph 8(B)

of an order of the Circuit Court of

Cook County dated April

13, 1972

in case No. CH1484:

‘The defendants, and each of them,

their agents,

employees and attorneys, are hereby restrained for

a period of

ten days from the date hereof from

(1)

adopting or from

(2)

holding or conducting, scheduling

or

rescheduling public hearings pertaining to the adoption

of proposed Rule 2O3(g) (1) (A)

of the Illinois Pollution

Control Board and so much of proposed Rule 203 (g) (1) (C)

of the Illinois Pollution Control Board as pertains

to proposed Rule 2O3(g) (1) (A), insofar as such rules

pertain to the use of coal as a source of fuel in

residential

and

commercial

buildings

in

the

Chicago

Major

Metropolitan

Area,

or

from

(1)

adopting

or

from

(2) holding or conducting public hearings to adopt

a

rule which would eliminate or ban the use of coal as

a source of fuel in residential and commercial buildings

in the Chicago Major Metropolitan Area as such area is

defined by the Illinois Pollution Control Board,

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unless there is a provision in said proposed rule

for just compensation to owners of businesses in

the class represented by plaintiffs and to owners

of commercial and residential buildings whose

property rights would be affected by said rule

wherever said rule is effective.’

And such further orders as may be

entered

by

the

Court.”

On

April

27, 1972,

a preliminary injunction was entered restrain-

ing the Pollution Control Board from adopting and enforcing

the

foregoing provisions.

Pursuant to order of the Appellate Court

in case entitled Roth-Adam Fuel Co.,

et al v. Pollution Control

Board, et al, #57536,

the injunction was dissolved by Order of

the Circuit Court of Cook County,

Illinois, entered on March 28,

1973.

We have been advised on April

5,

1973, by the Attorney General

of the State of Illinois, that no further hearings are necessary

to eliminate the foregoing proviso from the Regulations as adopted,

and that the terms of

the proviso are now mooted by the foregoing

actions of

the Appellate Court of Illinois, First District, and

the dissolution of the injunction of

the Circuit Court of Cook

County on March

28,

1973.

The substantiveprovisions of Rule 203(g) (1) are in force and

effect as adopted and without limitation otherwise provided by

said proviso.

IT IS SO ORDERED.

I,

Christan Moffett, Clerk of the Illinois Pollution Control Board,

certify that the above Order was adopted on the /,1~ day of

April,

1973, by a vote of

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