ILLINOIS POLLUTION CONTROL BOARD
    August 21,
    1980
    IN THE MATTER OF:
    )
    R78—16
    PARTICULATE EMISSION
    LIMITATIONS, RULE 203(g)(1)
    )
    OF CHAPTER
    2.
    )
    OPINION AND ORDER OF THE BOARD
    (by
    I.
    Goodman):
    The Order of August 21, 1980
    in R71—23 is incorporated herein.
    On November 30,
    1978, the Board proposed a review of Rule
    203(g) (1)
    of its Air Pollution Control
    Rules and Regulations in
    light
    of recent statutory and judicial developments.
    Rule
    203(g)(1),
    as adopted on April 13,
    1972 in R71—23,
    specifies
    particulate emission limitations for certain sources using
    solid
    fuels exclusively.
    This rule was one of the three rules
    in
    R71—23 held invalid by the Illinios Supreme Court
    in
    Commonwealth Edison Company v.
    PCB,
    62 Ill.2d 494,
    343 N.E.2d 459
    (1976), reh den March 25, 1976,
    and by the Third District
    Appellate Court in Ashland Chemical Company v.
    PCB,
    64 Ill.App.3d
    169,
    381 N.E.2d 56
    (1978).
    (See,
    also,
    Illinois State
    Chamber
    of
    Commerce,
    et al.
    v.
    PCB, No.
    51671,
    Agenda No.
    45,
    Appeal dismissed November 12,
    1979.)
    Both technological and economic hearings in this proceeding
    were held simultaneously with those for R77—15,
    R78—14,
    R78—15,
    and R78—17, and the record closed on June 13,
    1980.
    At issue is
    not only the advisability of the specific emission limitations,
    but also,
    pursuant to Edison and Ashland, the advisability of the
    limitations in light of the requirement of simultaneous
    compliance with sulfur dioxide emission limitation regulations.
    The Board
    finds,
    given the Illinois Environmental Protection
    Agency’s
    (Agency’s) mandate under §9.2 of the Illinois
    Environmental
    Protection Act (Act), that the technological feasibility and economic
    reasonableness of the particulate emission limitations
    in Rule
    203(g)(1), especially in light of simultaneous compliance with sul-
    fur dioxide emission limitations, will change upon the Board’s
    promulgation of regulations proposed by the Agency pursuant to §9.2
    of the Act.
    The
    Board,
    therefore, dismisses this proceeding but
    gives leave to any person or entity likely to be affected by Rule
    203(g)(1)
    as originally adopted on April
    13,
    1972,
    and as readopted
    on July
    7, 1977 in R71—23, to reopen the proceeding in R78—16
    subsequent to the Agency’s filing of proposals pursuant to §9.2 of
    the Act upon a showing that simultaneous compliance with such
    proposed sulfur dioxide regulations and Rule 203(g)
    is technologi-
    cally infeasible or economically unreasonable.
    IT IS SO ORDERED.
    Mr. Werner abstains.
    —2—
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certif
    that the above Order was
    ad,o ted
    on the &/~S~dayof
    ____________,
    1980 by a vote of
    ____
    OhAaIL&co~sz~.
    Christan L. Moffet~
    ,
    ~11erk
    Illinois Pollution
    ontrol Board

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