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

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