ILLINOIS POLLUTION CONTROL BOARD
November 27,
1991
IN THE MATTER OF:
)
)
AMENDMENTS TO 35 ILL. ADM.
)
R91-35
CODE SUBTITLE B: AIR
)
(Rulemaking)
POLLUTION PM-b
AMBIENT LIMITS
)
AND
EPISODE REGULATIONS;
)
35 ILL. ADM. CODE 212,
243
)
and 244
)
)
IN THE MATTER OF:
)
)
AMENDMENTS TO 35 ILL. ADN.
)
CODE SUBTITLE B: AIR
)
R91-36
POLLUTION PM-ic EPISODE
)
(Rulemaking)
REGULATIONS
)
ORDER OF THE BOARD
(by B.
Forcade):
On November
19,
1991,
the Illinois Environmental Protection
Agency
(Agency)
filed this proposal for rulemaking.
The proposal
is
intended to
regulate particulate
matter with
an
aerodynamic
diameter less than or equal to a nominal 10 micrometers, which
is
known
as
PM—l0.
The proposal represents
one part
of
Illinois’
submittal of
a complete
state
implementation plan
(SIP)
for the
control of PM-b
emissions.
Pursuant to Section 189 of the Clean
Air Act,
as amended
in 1990,
Illinois is to adopt and submit its
plan by November 15, 1991.
This proposal is directed at state wide
implementation
of
PM-b
regulations.
The
Board
is
currently
considering
a proposal to
control
P14-10
in the McCook and Lake
Calumet
areas
in
Cook
County
and
to
the Granite
City
area
in
Madison
County
(R91—22).
Also,
the
Board
has
completed
a
regulation to control P14-10 in the Oglesby area in LaSalle County,
in dockel
R91-6.
After
a
review
of
the proposal,
the Board
finds
that
the
proposal substantially meets the requirements of the Environmental
Protection Act
(Act)
(Ill..Rev.Stat.
1989,
ch.
111 1/2,
par.
1001
et.
seq)
and the Board’s procedural rules.
The hearing officer is
authorized
and
directed
to
require
the
Agency
to
provide
any
additional
information which may be necessary.
The proposal
is
accepted for hearing.
This
order
starts the timeclock
for the
Boardts economic impact study
(EcIS)
determination and for first
notice publication pursuant to
Sections
27 and 28.2
of the Act.
(See
35
I1l.Adm.Code 102.160(b).)
The Agency has filed several motions with the proposal.
The
Agency asks that the Board waive several requirements which govern
the
filing
of
a regulatory
proposal.
Specifically,
the A~gency
127—415
2
asks:
1) that the proceedings in R91-35 and R91-36 be consolidated;
2)
that
it
be
allowed
to
submit
four
complete
copies
of
the
proposal and six partial copies of the proposal, rather than the
original and nine complete copies;
3) that it need not supply the
Attorney General with a complete copy of the proposal; arid 4) that
it
need not provide
copies
of
material to
be
incorporated
by
reference.
The Board grants the Agency’s motions,
in part.
The
Board will consolidate the proceedings
in R9b—35
and R91-36
and
close
docket
R91—36.
Therefore,
all
future
filings
in
this
proceed~.ngshall be filed only in R9b-35.
In addition, the Agency
need not submit ten complete copies of the proposal,
and, because
the Attorney General has agreed to accept
a partial copy of the
proposal the Agency need not serve a complete copy on the Attorney
General.
The
Board notes,
however,
that
in
future
filings
of
documents the Board will request at least
5 copies be filed with
the Board.
The documents which are proposed to be added
to the
incorporation by reference provisions which are Parts of the Code
of Federal Regulations need not supplied to the Board.
However,
any
documents
which
are
not
a
part
of
the
Code
of
Federal
Regulations shall be provided to the Board.
The Agency has also submitted a request for expedited hearing
based upon its statement that the
1990 Clean Air Act Amendments
require Illinois to submit its P14-10 SIP to USEPA by November 15,
1991.
The Board first notes that this proposal
was
not received
by the Board until November 19,
1991, four days after the proposal
was due to the USEPA.
Therefore,
it
is literally impossible to
complete the rulemaking process by the November
15 deadline.
The
Board assures the Agency,
and all other interested persons,
that
the Board places
a high priority on the quick resolution of this
proposal,
and will proceed
as quickly
as
possible.
The Board
notes, however, that it is constrained by notice, publication, and
hearing requirements imposed by several statutes.
Nevertheless,
the Board will proceed with this proposal as quickly as possible.
The Board will attempt to follow the tentative schedule set
forth below:
First notice
45 days after acceptance
EcIs determination
90 days after acceptance
Merit Hearings1
45-90 days after acceptance
Second Notice
60 days after last hearing
Final Notice
60
days
after
completion
of
Second Notice
The Board also notes that the Agency has certified, pursuant
~
This schedule does not include an EcIs hearing which may be
necessary and if so, the schedule will have to be’ adjusted.
127—416
3
to Section 28.2 of the Act, that this rule is federally required.
The
Board
accepts
that
certification
and
will
reference
the
certification in its first notice publication.
Finally, the Board
points out that it has added a reference to the actual Parts being
amended to the caption of this order.
This amended caption shall
be used in this proceeding.
In the interest of administrative economy, the Board directs
the Hearing Officer to verify that the persons on the Notice List
in this~proceeding wish to continue to receive mailings
in this
proceeding.
IT IS SO ORDERED.
I,
Dorothy N.
Gunn,
Clerk of the Illinois Pollution Control
Board
hereby cer~ifythat the
above
Order was adopted
on
the
______
day of
,ç_2~,~&~L/
,
1991, by
a vote of
.i—O
~
Dorothy N. ~ünn, Clerk
Illinois PoJJ~utionControl Board
127—417