ILLINOIS

POLLUTION CONTROL BOARD

January

19,

1989

IN THE MATTER OF:

)

AMENDMENTS TO

35

ILL. ADM. CODE

)

R88—28

211 AND 243, AIR QUALITY STANDARDS

AND MEASUREMENT METHODS FOR PM10

ORDER OF THE BOARD

(by J.D.

Durnelle):

This matter comes before the Board

upon

a January

18, 1989

Motion

to Dismiss filed by the Illinois Environmental Protection

Agency (Agency).

Subsequent to

the filing of the proposal on

October

20,

1988,

the Agency learned that petitions

for judicial

review of the United States Environmental Protection Agency’s

(USEPA)

revised

standards and related regulations are pending

before the United States Court of Appeals

for the District of

Columbia.

The Agency believes

that continuing

this rulemaking

proceeding while the Agency reviews

the actions and documentation

of that appeal would

waste both Board

and Agency resources and

would complicate

that record

to no justifiable purpose.

The

Agency therefore, moves

the Board

to dismiss

this matter.

The

Board appreciates the Agency’s concerns and grants the Agency’s

motion.

This matter

is dismissed.

The Board notes, however that on December

23,

1988,

the

Peabody Holding Company,

Inc.,

and Peabody Coal Company (Peabody)

filed

testimony to

be presented at hearing.

When this PM10

proposal

is again submitted

to

the Board

and

a new docket given

thereto, Peabody

is free to incorporate

the materials already

submitted

in R88—28 into the new docket number.

IT

IS SO ORDERED.

I, Dorothy M.

Gunn, Clerk of the Illinois Pollution Control

Board,

hereby certify that the above Order was adopted on

the

____________

day of

~

,

1989 by

a vote

of

Dorothy

M. ~inn, Clerk

Illinois Pollution Control Board

95—445