ILLINOIS POLLUTION CONTROL BOARD

February 7,

1991

IN THE MATTER OF:

)

RACT

DEFICIENCIES IN THE

)

CHICAGO AREA:

AMENDMENTS

)

R91-7

TO 35 ILL.ADN.CODE PART 215

)

(Rulemaking)

AND THE ADDITION OF PART 218

)

ORDER OF THE BOARD

(by J. Theodore Meyer):

On January

17,

1991,

the Illinois Environmental Protection

Agency (Agency) filed this proposal for rulemaking.

The proposal

seeks

to

correct

deficiencies

identified

by

the United

States

Environmental Protection Agency in Illinois’ state implernentatior

plan (SIP) for ozone for the Chicago area, and contains regulations

requiring

the

implementation

of

reasonably

available

contra:

technology

(RACT) for certain sources of volatile organic materia

(VOM).

After

review of the proposal;

the Board

finds

that th

proposal substantially meets the requirements of the Environnienta

Protection Act

(Act)

(I11.Rev.Stat.

1989,

ch.

111 1/2,

par. bC

et.

seq) and the Board’s procedural rules.

The hearing officer ~

authorized

and

directed

to

require

the

Agency

to

provide

ai

additional information which may be necessary.

The proposal

accepted for hearing.

This order

starts the timeclock

for t

Board’s economic impact study (EcIS) determination deadline and f

first notice publication pursuant to Sections

27 and 28.2 of

t

Act.

See 35 I1l.Adm.Code 102.160(b).

In its January 24,

1991 order

in this proceeding, the

Ba;

reserved ruling on the Agency’s request that the Board waive

requirement

that

the

Agency

provide

copies

of

material to

incorporated

by

reference.

35 Il1.Adm.Code

102.121(f).

Af

review of the materials proposed to be incorporated by referer

the Board

grants the motion in part only.

The Agency need

provide copies of sections from the Code of Federal Regulati

and

need

not

provide

copies

of

materials

which

are

air

incorporated

by

reference

in

Part

215

of

the

Board’s

ru

However,

all

other

materials

proposed

to

be

incorporate

reference must be furnished to the Board.

The Agency shall prc

one copy of each item to the Board.

If an item proposed

t

incorporated by reference is already incorporated in Part 215

Agency shall indicate where that Item is incorporated.

The he

officer shall establish the deadline for submission of these

I

The

Agency

has

certified

that

this

proposal

meet~

definition of “required rule”

in Section 28.2(a)

of the Ad

that therefore this rulemaking

is federally required.

The

notes that Section

28.2

was

amended by P.A.

86-1409,

eff

118—411

---

2

January

1,

1991.

These amendments require the Board to accept or

reject an Agency certification within 45 days.

If the Board does

not act within 45 days, the certification shall be deemed granted.

Section 28.2(b) of the Act.

The Board notes that this new statute

conflicts

somewhat with the

Board’s procedural

rules governing

Agency

certifications

(see

35

Ill.Adm.Code

102.Subpart

F),

but

finds that the new statutory provisions govern this proceeding.

The Board accepts the Agency’s certification that this proposal is

federally required, pursuant to Section 28.2 of the Act, as amended

by P.A. 86—1409.

Finally, the Board reiterates that it places

a high priority.

on the quick resolution of this proposal.

The Board will proceed

as quickly as possible.

The Board is considering the possibility

of proceeding pursuant to the emergency rulemaking provisions of

Section 27(c)

of the Act and Section

5.02 of~the Administrative

Procedure

Act

(I11.Rev.Stat.

1989,

ch.

127,

par.

1005.02),

In

addition to following “regular rulemaking” procedures.

IT IS SO ORDERED.

I,

Dorothy M.

Gunn,

Clerk

of the Illinois Pollution Control

Board,

hereby certi~ythat

the above

Order was

adoptpd

on the

7t~

day of

________________,

1991, by a vote of

~

~J~zj~

,~.

~

Dorothy M. Aunn, Clerk

Illinois PclLlution Control Board

118—4 12