ILLINOIS POLLUTION CONTROL BOARD

October

2,

1989

IN THE

MATTER

OF:

RACT DEFICIENCIES

-

AMENDMENTS

)

R89-16

TO

35 ILL.

ADM. CODE PARTS

201,

)

211 AND 215

ORDER OF THE BOARD

(by J.D. Dumelle):

On September

29,

1989,

the Agency

filed a proposal for

amendments

to 35

Ill.

Adrn.

Code Parts

201,

211 and

215.

The

Agency has certified that the proposed amendments meet the

“required rule” definition contained in Section 28.2 of the

Act.

The Agency has stated that the proposal

is federally

required to meet

the reasonable available control technology

(“RACT”) requirements contained

in Sections 110,

ll0(a)(h)(ii),

l72(b)(2),(5) and

(8)

of

the Clean Air Act.

The proposal contains amendments

to the RACT regulations

for

certain sources of volatile organic materials.

The proposal

responds

to various deficiencies

in the Illinois State

Implementation Plan identified by the United States Environmental

Protection Agency

(LJSEPA).

The Agency’s proposal

is accomplished

by

a statement of

David Kee, Director of the Air and Radiation

Division, USEPA Region V.

The statement concludes:

If the attached state proposed regulations are

adopted by the Illinois Pollution Control

according

to the schedule set forth

in Exhibit

C of the settlement agreement resolving

Wisconsin v. Reilly lawsuit U.S. EPA’s intent

is

to approve these state proposed regulations

as

a SIP revision in lieu of federal

promulgation of

these RACT rules.

The Wisconsin settlement schedule provides for final adoption of

rules on or before May 25,

1990.

The proposal does not state

whether

the Wisconsin court has ruled on the acceptability of the

proposed settlement.

The Board hereby accepts this proposal for hearing.

Accordingly, the 21 day period established by

Section 28.2(c)

for

submittal of comments concerning whether an economic impact study

should or

should not be prepared commences today.

The Board notes

that the proposal as

submitted

by the Agency

groups

rules by the SIP deficiency

to which they respond.

Each

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group proposes amendments to various sections within Parts

201,

211, and 215.

The Agency has not assembled a version of Parts

201,

211, and 215 suitable for publication in the Illinois

Register which shows all changes proposed in these parts and

contains tables of contents and appropriate source notes.

In the

interests of effcient processing of this proposal, the Board

directs its staff to prepare a proposal suitable for Illinois

Register publication.

In so doing,

staff

is also directed to

identify any areas

in which the Agency’s proposal may fail

to

conform with the style,

content,

or format requirements

of the

Illinois Administrative Procedures Act.

The Board presently intends

to take further action

in this

docket on October

5,

1989.

IT

IS SO ORDERED.

I,

Dorothy

M.

Gunn, Clerk

of the Illinois Pollution Control

Board,

hereby certify that, the above Order was adopted on

the

~

day of _______________________,

1989, by a vote

of

~

-

/

,,Y )~

Dorothy M.’~Gunn,Clerk

Illinois Pollution Control Board

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