ILLINOIS POLLUTION CONTROL BOARD
December
13,
1979
IN THE
MATTER
OF:
)
R71—23,
R77—15,
SULFUR DIOXIDE AND PARTICULATE
)
R78—14,
R78-15,
REGULATIONS, RULES 204(c)(1)(A),
)
R78—16,
R78—17
204(c)(1)(D) AND 203(g)(1)
OF
CHAPTER
2
ORDER OF THE BOARD
(by Mr. Goodman):
It is the Order of the Board that special notice issue
regarding the above regulatory matters~
These proposals were consolidated because they involve
overlapping issues,
R77—15 involves sulfur dioxide emissions
from smaller
fuel combustion sources
in the Peoria MMA;
R78—1~5
involves an amendment to the particulate emissions standard in
Rule 203(g)(1) which would be applicable only to the City of
Rochelle’s Municipal Steam Power Plant; R78-14 is a reevalua—
tion of the sulfur dioxide emissions
standards
in vacated Rule
204(c)(1)(A) which were originally adopted in R71—23 and
later
remanded to the Board;
R78—16 is a reevaluation of the particu-
late emissions standard in vacated Rule 203(g) (1) which was
originally adopted in R71-23 and later remanded to the Board;
and R78—17 involves the deletion of Rule 204(c)(1)(D)
(desig-
nated Rule 204(c)(1)
(B)(ii) prior
to the adoption of R75-5).
In 1976 the Illinois Supreme Court vacated and remanded
Rules 203(g)(1),
204(a)(1),
and 204(c)(1)(A)
to the Board for
further consideration,
Commonwealth Edision Company v.
PCB,
62 Ill,2d 494~
These rules were revalidated by the Board on
July
7,
1977,
In 1978 the Third District Appellate Court
vacated and remanded to the Board these rules because an
economic impact study of these regulations had not been pre-
pared for the Board by the Illinois Institute of Natural
Resources
(then the Illinois Institute for Environmental
Quality) and because the Board had not considered
intermittent
control systems, which have since been outlawed by the 1977
Clean Air Act Amendments,
Ashland Chemical Co.
v.
PCB,
64
Ill.App~3d169,
In November,
1979,
the Illinois Supreme Court
dismissed the BoarcPs appeal in Illinois State Chamber of
Commerce,
et al.
v,
PCB, thereby leaving the Ashland decision
in effect.
Docket
No.
51671,
Agenda
45,
37—45
—2—
ORDER
The Board hereby orders the following notice to be pub-
lished
in the next Environmental Register and in a newspaper
in both Chicago and in Peoria,
and that the same be mailed to
proponents of the above regulations and to those on the Board’s
notice list for the above regulations.
SULFUR DIOXIDE AND PARTICULATE REGULATIONS, Rules
204(c)(1)(A), 204(c)(1)(D) and 203(g)(1) of Chapter
2,
Docket Nos.
R77—15, R78—14,
R78—15,
R78—16,
R78—17
and pertinent parts
of R71-23
-
HEARINGS
Economic impact hearings regarding the INR study
entitled,
“Economic Impact of Sulfur Dixoide and Partic-
ulate Matter Regulations in Illinois,
R77—15”, Document
No.
79/22 dated October,
1979,
filed with the Board on
November
8,
1979,
have been set for January 29 and 30,
1980.
The document is intended by the INR and the con-
tractor to cover PCB regulatory proposals R77—15, R78-14,
R78—15, R78—16,
R78—17..
Proposals R78—14 and R78—16
were inaugurated to reevaluate certain rules first
promulgated in R71-23 and remanded to the Board
in 1978
by the Third District Appellate Court decision, Ashland
Chemical Co.
v.
PCB,
64 Ill.App.3d 169.
See,
also,
Illinois State Chamber of Commerce,
et al.
v.
PCB,
Docket No,
51671, Agenda 45, May,
1979, entere~ovember,
1979.
These rules regulate SO2 emissions
(Rules 204(a)(1),
and 204(c)(1)(A)) and particulate emissions
(Rule 203(g)(1)).
The purpose of these hearings
is to provide the Board
with a basis for either revalidating or substituting new
rules
for the rules involved in the Ashland case
(R78-14
and R78-16) and with a basis
for initial decision in the
proposals R77-15, R78—15 and R78—17.
The hearings
scheduled for January 29 and 30, 1980 are intended to
fulfill these requirements by allowing all parties and
all other interested participants
to submit relevant
substantive and economic evidence of both the merits
and the economic impacts of all regulations involved.
The Board notes that hearings previously held in pro-
posals R77—15, R78—14,
R78—15, R78—16,
and R78—17 were
the merit hearings for those proposals,
and were not
the economic impact hearings under its Procedural Rule
215.
Such economic impact hearings have been scheduled
as mentioned above,
notice of same having issued on
November 27, 1979
as required by Procedural Rule
205,
Hearings will begin at 10:00 a.m.
and will be held
on Tuesday, January 29,
1980 at the University of Illinois~
Chicago Circle Center,
750 South Halsted Street, Chicago;
and on Wednesday, November
30, 1980 at the Peoria Public
Library Auditorium,
107 N.E. Monroe Street,
Peoria.
37—46
—3—
Cross—examination
of
the
contractor
shall
proceed
in this order:
(1) Illinois Environmental Protection
Agency;
(2) Ashland Chemical Company;
(3) Bemis Corpora-
tion;
(4) Cjty of Rochelle;
(5) Borden Chemical Company;
(6) Village of Winnetka;
(7) Commonwealth Edison Company;
(8) Illinois State Chamber of Commerce;
(9) other inter-
ested participants.
Should further hearing be necessary,
the dates of
Wednesday, February
13,
1980 and Thursday, February 14,
1980 have been reserved at the Board’s conference room,
Suite 300,
309 West Washington Street,
Chicago.
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, her
y certify the above Order was adopted on
the
/34~
day of
________________,
1979 by a vote of
______
Illinois
Pollution
37—47