ILLINOIS POLLUTION CONTROL BOARD

April

8,

1993

IN THE MATTER OF:

)

SMALLER SOURCE PERMIT RULES:

)

 R93-ll

AMENDMENTS TO 35 ILL. ADM.

 CODE

)

 (Rulemaking)

PART 201

)

ORDER OF THE BOARD

 (by R.C. Flemal):

On April

2,

 1993 the Illinois Environmental Protection

Agency

 (Agency)

 filed this proposal for rulemaking.

 The rules

are intended to implement a provision of Section 39 of the

Illinois Environmental Protection Act 415

 ILCS 5/39)

 as added by

P.A.

 87-1213, effective September 26,

 1992.

 That provision is as

follows:

After July

1,

 1993,

 operating permits issued under this

Section by the Agency for sources of air pollution

permitted to emit no more than 25 tons per year of any

combination of regulated air pollutants,

 as defined in

Section 39.5 of this Act, shall be required to be

renewed only upon written request by the Agency

consistent with applicable provisions of this Act and

regulations promulgated hereunder.

 Such operating

permits shall expire 180 days after the date of such a

request.

 The Board shall revise its regulations for

the existing State air pollution operating permit

program consistent with this provision by March 31,

 1993.

The Board,

 of course,

 cannot accomplish its March 31,

1993

assignment given that the proposal was not filed until after that

date.

 However, the Agency notes that it expects to ask the

General Assembly to extend the adoption date.

 Thereby, the

Agency’s proposal can be considered timely by the Board,

 and be

forwarded through the APA process with proper time allotted for

the activities of the Office of the Secretary of State and the

Joint Committee on Administrative Rules.

 The Board notes that

there is a bill currently before the General Assembly,

 SB 952,

in

which the adoption and implementation dates are addressed.

The Agency has filed two motions with the proposal.

 In its

Motion for Waiver of Certain Requirements the Agency asks that

the Board waive that portion of

 35 Ill. Adm. Code 102.120 that

requires filing of the instant proposal with the Attorney General

(AG) and with The Department of Energy and Natural Resources

(DENR); both the AG and DENR agree to the motion.

 The motion is

hereby granted

1-0167

—2—

The Agency’s second motion is a Motion for Expedited

Hearings,

 in which the Agency moves the Board to set the

necessary hearings for the earliest possible dates.

 This motion

is also granted, consistent with constraints imposed by notice

 and other applicable hearing requirements.

IT IS SO ORDERED.

I, Dorothy M. Gunn,

 Clerk of the Illinois Pollution Control

Bo~~d,hereby certify that the above order was adopted on the

 day of

_______________,

 1993,

 by a vote of

/~/L,~

•~Dorothy N.

c~rin,

 Clerk

Illinois Pd~4utionControl Board

O1L~J-iJI5~