ILLINOIS POLLUTION CONTROL BOARD
    July
    3,
    1990
    IN THE MATTER OF:
    RACT DEFICIENCIES,
    )
    R89—16(B)
    AMENDMENTS TO
    35 ILL.
    ADM.
    )
    (Rulemaking)
    CODE 201,
    211 AND 215
    ORDER OF THE BOARD
    (by J.D.
    Dumelle):
    This matter comes before the Board upon its own motion.
    On
    September
    29,
    1989 the Illinois Environmental Protection Agency
    (“Agency”)
    filed
    a oroposal
    to amend
    35
    Ill.
    Adm. Code
    201,
    211
    and
    215.
    Pursuant
    to the Board’s Order of February
    8,
    1990,
    these amendments were divided into two categories
    -
    Subdocket
    (A)
    and Subdocket
    (B).
    Subsequent
    to notice requirements
    being met
    in conjunction with the Joint Committee on Administrative Rules
    (“JCAR”)
    approval,
    the Board,
    in its Final Order of May
    10,
    1990,
    adopted Subdocket
    (A).
    In
    its Order of June
    7,
    1990,
    the Board stated that
    the
    proposed RACT amendments contained within Subdocket
    (B)
    might
    very well be duplicative
    in
    that they were being promulgated on a
    federal
    level.
    This Order was consistent with the Board’s
    February 8,
    1990 Order.
    Accordingly,
    the June
    7,
    1990 Order
    notified the Agency that Subdocket
    (B)
    would be dismissed unless
    the Agency notified the Board that
    it intends
    to re—submit
    the
    amendments contained within Subdocket
    (B).
    To date,
    the Board
    has yet
    to be contacted by the Agency
    in this regard.
    The Board has learned
    that the RACT rules and RACT
    rule
    improvements specified for Illinois in Exhibit
    B have been
    published
    in the June
    29,
    1990 Federal Register pursuant
    to the
    settlement agreement
    in Wisconsin v.
    Reilly.
    Therefore,
    the
    dismissal of Subdocket
    (B)
    from the Board’s jurisdiction
    is
    appropriate.
    Accordingly,
    Subdocket
    (B)
    is hereby dismissed.
    IT
    IS SO ORDERED.
    I, Dorothy
    M. Gunn,
    Clerk of the Illinois Pollution Control
    Board do hereby certify th
    t
    ~he above Order was adopted on
    the
    ~-~‘-~
    day of
    ________________
    ,
    1990 by
    a vote
    of
    7—c
    .
    /~/
    ~L7
    J/7.
    ~
    ~orctnv
    ~
    Cerk
    Ilino~sP~1~utionControl Board
    113—129

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