ILLINOIS POLLUTION CONTROL BOARD
February
7,
1980
IN THE MATTER OF:
R77—15,
R78—14,
SULFUR DIOXIDE AND PARTICULATES
)
R78—15, R78~16,
REGULATIONS, RULES
204(c)(1)(A)
)
R78—17
AND
(D) AND RULE 203(g) (1)
OF
CHAPTER
2
ORDER
OF
THE BOARD
(by Mr. Goodman):
The Celotex Corporation’s January 23, 1980 Motion
for
Clarification of Status
is granted as follows.
Celotex, a participant at hearings in these proceedings,
on
April 17, 1979 proposed a site—specific sulfur dioxide emission
limitation of 6.8 lbs. per million BTU actual heat input for
its Peoria facility.
The limitation happens
to be the same one
sought by Bemis Company, Inc.
at hearing
by way of a writing.
On January
10, 1980
the
Board ordered this writing, admitted as
Exhibit 38, construed as an amendment to Ashland Chemical
Company1s proposal which initiated these proceedings.
The Board does not consider
the
amendments sought
by
either Bemis or Celotex
as “comments”,
as Celotex states.
They are suggestions as to what the wording of the proposed
rule might contain at the time the Board finally issues its
Order.
Therefore, although the motion is granted,
the requested
relief of considering the limitation Celotex seeks for
its
Peoria facility as a “regulatory proposal”
is not given
j~
se.
What “proposal” refers to is that which when filed by industry
is accompanied by 200 or more citizen signatures.
What “amended
proposal” refers to is oral or written evidence offered by any
participant either at hearing or by public comment which seeks
modifications of the first proposal filed to initiate regulatory
proceedings;
it may he
a misnomer to the extent the modifica-
tions
sought are material to the substance of the proposal.
The docketing of each initial proposal of a substantive
rather than procedural nature by the Board mandates the Illinois
Institute
of Natural
Resources to conduct an economic impact
study.
But
the
INR is not required to conduct a study for every
site—specific limitation sought thereafter within the same pro-
ceeding.
This would constitute a waste of state resources
inasmuch as the study is to be designed to account for the
economic impact of all sites
subject to the proposal.
37 —37
7
—2—
To quote from the Board~sOrder of January
10,
1980:
Amended proposals are as
fully considerable by
the Board and by all participants at hearing as
original proposals.
IT IS
SO ORDERED.
I, Christan
L,
Moffett, Clerk of the Illinois Pollution
Contro
Board,
h r
y certify the above Order was adopted on
the
day ~
1980
by a vote of
Illinois Pollution
-ol Board
I
37—378