ILLINOIS POLLUTION CONTROL BOARD
    January
    6, 1994
    IN THE MATTER OF:
    )
    )
    AMENDMENTS TO THE
    NEW
    )
    R93-26
    SOURCE REVIEW RULES
    )
    (Rulemaking)
    35 ILL. ADM. CODE 203
    )
    ORDER OF THE BOARD
    (by G.
    T. Girard):
    On December 14,
    1993, the Board received a motion filed by
    the
    Illinois Environmental Protection Agency (Agency)
    asking the
    Board to rule on the Agency’s oral motion to dismiss this docket
    presented by the Agency at the December
    8,
    1993 hearing.
    The
    Board has received no response to the Agency’s motions.
    When
    instituting this docket, the Board stated in the
    Board’s first notice opinion and order that the Board does not
    wish to appear to be making substantive regulatory changes
    through the expedited correction process.
    ~
    In the Matter
    of:
    krnendinents to the New Source Review Rules,
    R93—26, October
    7,
    1993)
    In both
    motions, the Agency urged the Board to proceed
    instead with the correction as an expedited correction under the
    Illinois Administrative Procedure Act rather than proceed with
    this
    rulemaking.
    The Agency argued that the typographical error
    being corrected in this rulemaking was sufficiently noticed in
    the previous proceeding and an expedited correction is the proper
    avenue for correction.
    The amendment proposed is to correct an
    emission rate of
    25 tons per year to 15 tons per year.
    Generally, the Board agrees with the Agency’s arguments that
    the record shows that the typographical error which the proposed
    amendment
    is
    correcting was sufficiently noticed during the
    original rulemaking in docket R92-21.
    However, the Steel Group
    on October
    1,
    1993,
    filed an objection to the Agency’s motion of
    September 23,
    1993 for expedited correction.
    The Steel Group
    argued that the change requested by the Agency was substantive in
    nature.
    To avoid any future contest, the Board has decided to deny
    the Agency’s motion to dismiss and to continue with the
    correction under Section 28.2 of the Illinois Environmental
    Protection Act.
    The Board agrees with the Steel Group that
    changing an emission rate of 25 tons per year to 15 tons per year
    could appear to be a substantive change.
    The Board notes that a
    second hearing has been scheduled in this proceeding for January
    27,
    1994.
    The Board anticipates proceeding to second notice with
    this docket in February of 1994.
    This rulemaking should be
    completed by late March or early April.
    Therefore, proceeding
    with this docket will correct the problem as efficiently as the
    expedited correction process, and remove the Steel Group’s
    argument that the change was not sufficiently noticed.
    2
    The Agency’s oral motion at hearing to dismiss is denied.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the
    ye order was adopted on the
    4ZZ
    day of
    ___________________,
    1994,
    by a vote
    of
    7—a.
    Control Board
    ‘7
    ~c.

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