ILLINOIS POLLUTION CONTROL BOARD
September
3,
1981
IN THE MATTER OF:
)
AMENDMENTS TO CHAPTER
2:
AIR
)
R79-11
POLLUTION CONTROL RULES AND REGULATIONS,
RtILE 203(g)(1)(E).
ORDER OF THE BOARD
(by I.
Goodman):
On August 19,
1981 Caterpillar Tractor Co.
(Caterpillar)
filed a Motion For Reconsideration of the Board’s Order entered
on July 23,
1981 in the above captioned matter.
The Board
hereby grants Caterpillar’s motion and,
having considered the
issues raised in said motion, reaffirms its Order of July 23,
1981.
However, because this motion indicates there is a
misunderstanding as to the scope of this rule,
the Board will
take this opportunity to clarify which boilers are covered by
Rule 203(g)(1)(E).
The term “existing,” as used in this rule, includes all
boilers which are in use or under construction on the effective
date of this rule.
This,
for example, would include boilers
#4 and #5 located at Caterpillar’s Mapelton Plant which were
characterized as “new” in the Statement of Reasons accompanying
the rulemaking petition.
The term “existing”
and, thus,
the
scope of this rule do not encompass boilers which are not,
as a
minimum,
under construction on the effective date of the this
rule.
Boilers which have been issued a construction permit by
the Illinois Environmental Protection Agency (Agency) on the
effective date of this rule are considered to be “under
construction” for the purposes of this rule.
The Board finds that the elimination of the word “new” does
not constitute a substantive change in the scope of the proposal
because the term “existing” as used in this rule will cover
the
same boilers which were covered by the original proposal.
The
scope of this rule
is dictated by the fact that the record
in this
proceeding did not address either the economic or air quality
impacts of extending this rule to future construction.
Caterpillar
or any other petitioner may,
of course,
initiate a rulemaking
proceeding pursuant to Section 28 of the Environmental Protection
Act to consider the question of an appropriate emission limitation
for boilers which are to he constructed in the future.
IT
IS SO ORDERED.
I,
Christan L.
Moffett,
Clerk of the Illinois Pollution
Control Board, hereby certify that the above Order was adopted on
the
~
day of
_______________,
1981 by a vote of
~
~i2’
~
Christan L. Moffett,j~C1erk
Illinois Pollution Control Boari
43—325