ILLINOIS POLLUTION CONTROL BOARD
    November 2,
    1995
    IN THE MATTER OF:
    )
    LISTING OF FEDERAL HAZARDOUS AIR
    )
    POLLUTANTS,
    GREAT
    LAKES COMMISSION TOXIC)
    R96-4
    COMPOUNDS
    AND
    GREAT WATERS PROGRAM TOXIC)
    (Rulemaking-Air)
    COMPOUNDS,
    AND
    SOURCE REPORTING FOR
    )
    ILLINOIS TOXIC AIR CONTAMINANTS:
    )
    AMENDMENTS TO 35 ILL. ADM. CODE 232.
    )
    ORDER OF THE BOARD
    (by J.
    Ii):
    On October 13,
    1995 the Illinois Environmental Protection
    Agency
    (Agency)
    filed this regulatory proposal pursuant to
    Sections 9.5, 27 and 28 of the Environmental Protection Act
    (Act).
    (415 ILCS 5/9.5,
    5/27 and 5/28
    (1994).)
    In addition to
    the proposal the Agency filed a motion to waive certain filing
    requirements, to expedite the hearing process and to consolidate
    R90—l(C),
    In the Matter of:
    Toxic Air Contaminant List
    (35 Ill.
    Adm. Code Part 232); ReDorting Rec~uirementsfor Emission Sources
    and R90-1(D),
    In the Matter of:
    Toxic Air Contaminant List.
    Styrene
    (35 Ill. Adm. Code Part 232.Ai~pendixA), into this
    proceeding.
    The proposal has two
    (2) main purposes all of which are
    connected to the Illinois’s Toxic Air Contaminants
    (ITAC)
    list.
    First,
    the proposal intends to update the ITAC by adding
    chemicals or substances either listed as federal Hazardous Air
    Pollutants
    (HAPs)
    under Section 112(b)
    of the Clean Air Act
    (CAA)
    as amended in 1990,
    or targeted as chemicals or compounds of
    concern under the United States Environmental Protection Agency’s
    (USEPA)
    “Great Waters” program under Section 112(m)
    of the
    CAA
    to
    35 Ill. Adm. Code 232.Appendix A.
    In addition to updating ITAC,
    the proposal will require all sources that meet the applicability
    criteria to submit an ITAC Source Report for the calendar year
    1996.
    Finally the proposal will correct typographical errors in
    the current ITAC list.
    As mentioned above,
    the Agency also filed a motion to waive
    certain filing requirements of 35 Ill.
    Adin.
    Code Part 102.
    The
    Agency is requesting that the Board waive the requirement of 35
    Ill. Adm. Code 102 concerning the number of copies it needs to
    file.
    The Agency states that due to the length of the proposal
    it requests the Board to allow it to file the original and five
    (5)
    full copies and four
    (4) partial copies with the Board
    instead of nine
    (9)
    full copies.
    Additionally, the Agency
    requests that it be required to file only one copy of the
    incorporated material to meet the requirement of 35
    Ill. Adm.
    Code 102.121(f).
    Finally, the Agency requests the Board to waive
    the requirement to file copies of all the information it relied
    upon in developing the proposal.
    In particular the Agency is
    requesting the Board to waive the copy requirement for the
    CAA
    as
    amended in 1990
    (42 U.S.C.
    § 7401 et seq.)
    and for Section 313 of
    the Emergency Planning and Community Right-to-Know Act (Title II
    of the Superfund Amendments and Reauthorization Act of 1986)
    (42
    U.S.C.A. ~ 11001 et seq.)
    (SARA).
    The Board grants the Agency’s
    motion to waive the above described filing requirements.
    Additionally, the Agency requests the Board for expedited
    hearings in this matter.
    The Agency states it is making this
    request so that the reporting requirements in the proposal will
    coincide with the
    SARA
    reporting requirements.
    The Board will
    grant the Agency motion given the applicable timing constraints
    of the Act.
    Finally, the Agency requests the Board to consolidate the
    regulatory proposals of R90-1(C) and R90-1(D)
    into a single
    docket.
    The Board created R90-1(C),
    In the Matter of:
    Toxic Air
    Contaminant List (35 Ill.
    Adm. Code Part 232); Reporting
    Reciuireinents for Emission Sources,
    for the purposes of
    promulgating reporting requirements for the ITAC list as the
    title suggests.
    The Agency’s proposal in this docket sets forth
    those requirements.
    The Board created R90-1(D),
    In the Matter
    of:
    Toxic Air Contaminant List, Styrene
    (35 Ill. Adm.
    Code Part
    232.Appendix A),
    for considering the listing of styrene on the
    ITAC list.
    The Agency’s proposal in this docket would list
    styrene on the ITAC due to it being listed on the
    HAP
    list.
    Since this proposal encompasses the actions of R90-1(C) and R90-
    1(D) and there is
    a long history to the proceedings and
    associated negotiations, the Board will incorporate the records
    in dockets in R90—1(C) and R90-l(D)
    into this docket rather than
    consolidate these three dockets.
    Additionally, the Board will by
    separate order dismiss the dockets in R90-1(C) and R90-1(D).
    The Board finds that the Agency proposal meets the filing
    requirements of Sections 27 and 28 of the Act and our procedural
    rules.
    Therefore we accept this matter for hearing.
    The hearing
    officer is directed to set this matter to hearing pursuant to
    this order and the requirements of the Act and our procedural
    rules.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certif
    that the above order was adopted on the
    7~
    day of
    __________________,
    1995, by a vote of
    7-c’
    ~
    (~t~
    ~
    Dorothy M.~tunn,Clerk
    Illinois ~l1ution
    Control Board

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