ILLINOIS POLLUTION CONTROL BOARD

January 24,

1991

IN THE MATTER OF:

)

)

RACT DEFICIENCIES IN THE

)

CHICAGO AREA:

AMENDMENTS

)

R91-7

TO 35 ILL.ADM.CODE PART 215

)

(Rulemaking)

AND

THE ADDITION OF PART 219

)

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 implementation

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

requiring

the

implementation

of

reasonably

available

control

technology (RACT)

for certain sources of volatile organic material

(VOM).

The proposal is quite lengthy, and.the Board has not yet

completed its review of the proposal.

Board review of the proposal

will continue.

This order does not constitute acceptance of the

proposal,

as

submitted,

for

hearing.

(See

35

I11.Adin.Code

102.160(b)

.)

However,

the

Agency

has

filed

several

motions

with

the

proposal, which the Board will address.

The Agency asks that the

Board waive several of its procedural rules which govern the filing

of a regulatory proposal.

Specifically, the Agency asks:

1) that

it be allowed to submit three complete copies of the proposal and

seven partial copies of the proposal, rather than the original and

nine

complete

copies;

2)

that

it need not

supply the Attorney

General with a complete copy of the proposal;

3) that it be allowed

to

submit

one

of

its

supporting

documents

(in

this

case,

the

federal implementation plan

(FIP) docket) at a later date; and

4)

that it need not provide copies of material to be incorporated by

reference.

The Board grants the Agency’s motion in part.

The

Agency need not submit ten bomplete 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 Agency may submit the Fl? docket at a later

date, as directed by the hearing officer.

Pending complete review

of the proposal, the Board reserves ruling on the Agency’s request

not to submit materials incorporated by reference.

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 RACT deficiency

SIP revisions to

USEPA by Nay 15,

1991.

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

118—209

---

2

possible.

The Board notes,

however,

that

it

is constrained by

requirements imposed by several

statutes.

Several of the

dates

suggested by the Agency in its motion are impossible to meet.

For

example, the Agency suggests that the Board issue a hearing notice

tomorrow and hold hearings on February 25 and 26.

However, federal

law

,

as well as the Board’s procedural rules, require that notice

of hearings on air pollution proposals be published at

least

30

days

prior

to

the

hearing

date.

(See

40

CFR

51.102;

35

Ill.Adm.Code 102.162(a)(l).)

It is obviously impossible for this

Board

to schedule hearing

locations

and have state—wide

notice

actually published by tomorrow.

Thus, the Board will proceed with

this proposal as quickly as possible.

IT IS SO ORDERED.

I, Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Boa~÷hereby

ce

ti-fy

that the above

Order was

adopted

on

the

~

day of

_______________,

1991,

by a vote of

______

I

7dZ~/2L. £_~

Dorothy M~Gunn, clerk

Illinois Pollution Control Board

118—210