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

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