ILLINOIS POLLUTION CONTROL BOARD
    October 24,
    1991
    IN THE MATTER OF:
    )
    )
    AMENDMENTS TO 35 ILL.
    ADN. CODE
    )
    R91—32
    SUBTITLE B: AIR POLLUTION
    )
    (Rulemaking)
    GRANITE CITY S02 EMISSION
    )
    LIMITATIONS
    )
    ORDER OF THE BOARD
    (by J.D.
    Dumelle):
    On its own motion the Board today opens a series of dockets
    to address rulemaking required by Title
    I of the Clean Air Act
    Amendments of 1990
    (“CAAA”), Public Law 101—549,
    104 Stat.
    2399
    (November 15,
    1990).
    This particular docket is intended to
    address the requirements for emission limitations for sulfur
    dioxide for facilities located in the Granite City area.
    The
    purpose of opening this docket prior to submission of a proposal
    is to:
    *
    Facilitate the notification, as soon as possible, of
    all entities within the state which may have an
    interest in participating in this rulemaking
    proceeding,
    so that everyone may have a forum to
    express their views on all aspects of the timing and
    content of the rules.
    *
    Specifically solicit the views of the Illinois
    Environmental Protection Agency (“Agency”), the
    Illinois Attorney General (“AG”), the Illinois
    Department of Energy and Natural Resources (“DENR”),
    the United States Environmental Protection Agency
    (“USEPA”), members of the regulated community and other
    interest groups on the timing of this proceeding.
    The
    Board is today entering a scheduling Order which
    establishes a date for submission of the proposal and
    supporting materials.
    Further,
    it briefly describes an
    anticipated schedule for subsequent days for hearing,
    and anticipated days for Board actions.
    All interested
    persons are invited to submit comments, to be received
    not later than November 4,
    1991,
    if they believe the
    schedule must be amended.
    Such comments must specify
    how the schedule is proposed to be amended.
    *
    Ensure, to the maximum extent possible, that required
    rulemaking will be completed in a timely fashion so
    that Clean Air Act sanctions can be avoided in the
    State of Illinois.
    126—761
    2
    USEPA established the National Ambient Air Quality Standards
    (“NAAQS”)
    for several criteria pollutants,
    including ozone.
    These standards were authorized pursuant to Sections 108 and 109
    of the Clean Air Act,
    42 U.S.C.
    7408,
    7409.
    Section 110 of the
    Clean Air Act requires that a State Implementation Plan (“SIP”)
    be adopted to achieve federal air quality standards.
    42 U.S.C.
    7410.
    The rule contemplated in this docket is intended to
    satisfy a part of the federal requirements for a SIP for S02.
    The 1990 Clean Air Act Amendments require Illinois to submit an
    S02 SIP addressing this area by early 1992.
    To accomplish that goal the Board is now opening a docket to
    establish a “compliance assurance” schedule in each area where it
    anticipates air pollution regulation will be required in the
    State of Illinois before that date.
    These include:
    *
    RACT
    -
    25 Ton per year Sources
    (R91-27; J. Anderson)
    *
    RACT
    -
    Geographical Expansion for the Chicago CNSA
    (R91-28;
    J. Theodore Meyer)
    *
    RACT
    -
    Geographical Expansion for St. Louis MSA (R91-
    29; J.C. Marlin)
    *
    Stage II Vapor Recovery for Chicago and St. Louis Area
    (R91—30;
    R.
    Fleinal)
    *
    Employee Trip Reduction Program (R91-31;
    B. Forcade)
    *
    Granite City S02 Emission Limits (R91-32; J.D.
    Duinelle)
    *
    Alton S02 Emission Limits
    (R91—33; H.
    Nardulli)
    *
    Southeast Chicago S02 Emission Limits
    (R91-34;
    3.
    Anderson)
    *
    PM-b
    Ambient Limits (R91-35;
    3. Theodore Meyer)
    *
    Episode Regulations for PM-b
    (R91—3.6; R. Flemal)
    *
    Contingency Measures for PM-b
    (R91-37;
    B. Forcade)
    The Board requests specific comment from the participants to
    identify any and all other ozone or non—ozone regulatory
    proceedings required for submission to USEPA before November
    1992. USEPA is specifically requested to provide the status of
    development of guidance documents for these rules which will be
    made available to the states.
    These comments must be received by
    the Board not later than 4:30 p.m., November 4,
    1991.
    The Board
    specifically solicits comment from the Agency and USEPA on this
    issue for both ozone and non—ozone regulatory requirements.
    If
    additional rulemaking is required, the Board would appreciate a
    126—762
    3
    citation to the federal statutory or regulatory requirements and
    a brief description of the rulemaking goals.
    The Board will also
    anticipate, for each rulemaking identified in the comments,
    opening a docket and establishing a schedule for completion that
    follows the concepts articulated in the schedule below.
    The Board, and almost all other agencies, must comply with
    the provisions of the Illinois Administrative Procedure Act
    (APA).
    (Ill.Rev.Stat.
    1989,
    ch.
    127, par.
    1001. et seq.)
    Its
    provisions require notice, publication, hearing, and comment
    prior to adoption of any rule.
    Additionally, the Illinois
    Environmental Protection Act (“Act”)
    (Ill.Rev.Stat. 1989,
    ch.
    111 1/2,
    par.
    1028.2)
    imposes its own requirements upon
    environmental rulemaking.
    In this instance, the Board
    contemplates that the regulations in this docket will be proposed
    and adopted pursuant to the procedures of Section 28.2 of the
    Act.
    That section establishes adoption procedures for federally
    required rules.
    The Board has considered rulemaking procedures under Section
    28.2 of the Act before.
    In three of those proceedings the time
    required to complete the process averaged about 280 days.
    See,
    PM-iD Emissions Limits for the Portland Cement Manufacturing
    Plant and Associated Quarry Operations Located South of the
    ~jinois
    River in LaSalle County,
    R91-6; RACT Deficiencies in the
    Chicaczo Area, R91-7, and RACT Deficiencies in the Metro-East
    Area, R91—8.
    In one of those proceedings the proposal was
    represented to be an agreed rule and in the other two, the
    content of the rules was largely dictated by USEPA regulations.
    In sum,
    it took roughly eight and a half to nineiuonths to
    complete three relatively non—controversial rulemakings.
    The
    Board stresses that these rulemakings did not include an EelS,
    which adds about five months to the rulemaking process.
    SCHEDULE FOR RULEMAKING
    This schedule
    is based on current Illinois law which
    was earlier amended to allow an expedited EelS process
    for federally required rules.
    If the legislature
    grants relief from any current statutory requirements,
    the rulemaking process could be shortened accordingly.
    Event
    Day Number
    Proposal Filed
    1
    Board Accepts Proposal
    5-14
    Give Notice to Clerk to Set Date for a
    Minimum of Two Hearings
    -
    45 days before
    hearing date (30 days published notice for
    air rule)
    126—763
    4
    Board Adopts 1st Notice Opinion and Order
    28
    (the Board meeting after the Board accepts
    the proposal)
    1st Notice Publication
    43-50
    EelS Determination
    -
    must make within 60 days
    50-65
    after accept for hearing and allow a maximum
    of 6 months for the EelS
    Hearings
    (2)
    60—90
    Receipt of Transcripts
    (4 working days for an
    67-97
    expedited transcript and 12 working days if
    not expedited)
    1st Notice Expires
    71—95
    Post—Hearing Comment Period
    (2
    weeks)
    81-111
    Give Notice to Clerk to Set Date for EelS
    Hearing
    —
    45 days before hearing date (30
    days published notice for air rule)
    Preparation Time for EcIS Expires
    214
    EelS Hearing
    235-242
    Receive EelS Transcript
    242-249
    EcIS Post-Hearing Comment Period Expires
    256-263
    2nd Notice Opinion and Order Placed on
    270-277
    Discussion Agenda
    Board Adopts 2nd Notice Opinion and Order
    284—291
    Proposal Submitted to
    JCAR
    -
    JCAR
    has 45 days
    294-301
    to review
    Final Notice Opinion and Order Placed on
    333-360
    Discussion Agenda
    JCAR
    Review Period Ends
    339-346
    Board Adopts Final Opinion and Order
    (it is
    364
    this final Board action,
    not the filing with
    the Secretary of State, that allows IEPA to
    prepare and transmit the rule to USEPA)
    126—7
    64
    5
    IEPA Submits Rule to USEPA -IEPA has
    378—385
    indicated that it can submit rules to USEPA
    within 14 to 21 days rather than 30 days
    It is clear from the above schedule that a proposal should
    be submitted by November
    15,
    1991,
    if the Board is to meet the
    federal deadline for those proceedings with a November 15,
    1992
    due date.
    It is also clear from the above schedule that earlier
    deadlines cannot be met, certainly if an EelS is required,
    or
    legislative or other relief is not available.
    If the proposal
    were filed with the Board by November 15,
    1991,
    and, pursuant to
    Section 28.2(c), the Board would decide that an EelS would not be
    needed, the resulting approximately five months extra time would
    still leave,
    at best, an extremely tight schedule for those rules
    with a November 1992 deadline.
    We must assume at the outset that
    an EelS will be required and that DENR will use the full
    statutory six months to prepare it.
    The schedule only gives
    significant leeway if the Board makes a “no EelS” decision.
    We
    emphasize, though, that the leeway can be taken up by the time
    used by the participants to address complex issues, the need to
    stagger final adoption of these many rules to ensure Illinois
    Register publication,
    etc.
    In any event,
    the Board must
    emphasize that the fundamental purpose of this Order is to alert
    all participants of the need to take the necessary steps to meet
    the federal deadlines.
    As is apparent from the above discussion, time is critical.
    We today order that this regulatory proposal and supporting
    documentation be filed with the Board not later than November 15,
    1991.
    In order to expedite first notice publication, the Board
    requests that filings be accompanied by
    a computer disk
    containing the proposal in WordPerfect 5.0 format.
    If the participants wish to utilize the prehearing
    conference provisions of Section 27(a)
    of the Act, the hearing
    officer must be quickly notified.
    All new proceedings identified
    by the November 4,
    1991 filings will be promptly assigned to a
    Board Member for handling.
    Phil Van Ness,
    the Board’s
    Intergovernmental Affairs Attorney, will co-ordinate discussions
    on the status of CAAA activities of the Board.
    He will
    specifically interact with the Agency and USEPA to keep them
    informed of the progress being made in these regulatory
    proceedings.
    126—765
    6
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board
    ereby certfy t at the above Order was adopted on the
    4
    ~day of
    _______________,
    1991, by a vote of
    7~O
    ~Dorothy
    H.
    9/inn,
    Cler)~
    Illinois Pc~flutionControl Board
    126766

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