ILLINOIS POLLUTION CONTROL BOARD
    March
    14,
    1986
    IN THE MATTER OF:
    )
    )
    PARTICULATE EMISSION LIMITATIONS,
    )
    R82-1, Dockets A and
    B
    RULE 203(g)(l)
    AND 202(b) OF
    )
    CHAPTER
    2
    )
    INTERIM ORDER OF THE BOARD
    (by J.D. Dumelle):
    On February
    6,
    1986,
    the Board adopted a Proposed Rule/Third
    Second Notice Order
    in this matter proposing the adoption of
    particulate
    and visible emission limitations,
    granting a motion
    by the Illinois Environmental Protection Agency (Agency) to
    reconsider,
    and denying
    an
    Agency motion to establish
    a separate
    docket and to reopen the record and schedule
    a hearing on the
    opacity limitation.
    Since that time the Board
    has received
    a
    letter filed on February 27,
    1986 from Steve Rothblatt
    of Region
    5 of the United States Environmental Protection Agency
    (USEPA)
    indicating USEPA’s position that the opacity limitation,
    as
    presently proposed,
    is unapprovable
    as
    a revision to the state
    implementation plan pursuant to
    40 CFR 51.19(c),
    in that it does
    not allow for “the enforcement
    of appropriate visible emission
    limitations”
    as he
    argues
    is required thereunder.
    Furthermore,
    the Board received a USEPA news release on March 10, 1986
    indicating the USEPA may “impose another growth moratorium”
    on
    the state due to the failure of the state to promulgate
    acceptable rules.
    This would ban the construction and
    modification
    of major industrial particulate sources
    in some
    parts of the state.
    While the Board rejected similar arguments
    presented by the Agency,
    these communications from USEPA place
    a
    cloud over the opacity rules:
    the state is required to comply
    with the Clean Air Act and regulations adopted thereunder,
    and
    USEPA’s
    interpretation
    of
    its
    own
    rules
    must
    be
    given
    some
    deference
    There does not, however, appear to be any problem with the
    proposed rules
    other than the opacity rules, and the Board sees
    no
    reason
    to
    delay
    final
    adoption
    of
    those
    rules
    during
    further
    consideration
    of the opacity rules.
    Therefore,
    the Board will
    proceed with the filing of those rules for second notice as R82-
    1,
    Docket
    A,
    as contemplated
    in
    the
    February
    6
    Order
    and
    will
    separate out the opacity rules for further consideration.
    The Board hereby establishes
    a docket B to this
    proceeding
    to further consider the adoption of
    35
    Ill.
    Adm. Code 212.121 and
    212.123.
    The hearing officer qhall schedule
    an additional
    hearing
    to
    consider
    the
    opacity
    rules
    as
    expeditiously
    as
    practicable.
    -2--
    Finally,
    the
    Board
    notes
    that
    final
    rulemaking
    on
    this
    matter must occur on or before July
    12, 1986 or the Board will
    be
    required to recommence the first notice process under
    the
    Administrative Procedure Act.
    At hearing the Board is
    particularly interested
    in receiving testimony regarding the
    -legal requirements
    of the state implementation plan regarding
    visual emissions, what type or types
    of rules would or should be
    federally approvable, the adequacy of the
    present
    record
    to
    support the adoption of such rules, additional testimony in
    support of, or
    in opposition to, the adoption of opacity
    standards,
    and proposed revisions to those rules which are both
    supported by the record and federally approvable.
    The Board
    specifically
    requests
    that
    USEPA
    provide
    a
    witness
    to
    testify
    regarding
    its
    position
    on
    these
    rules.
    IT
    IS
    SO
    ORDERED.
    Board
    Member
    B.
    Forcade
    concurred.
    I,
    Dorothy
    M.
    Gunn,
    Clerk
    of
    the
    Illinois
    Pollution
    Control
    Board,
    hereby certify that the above Order was adopted on
    the
    /-‘/~-
    day
    of
    77
    ~
    ,
    1986
    by
    a
    vote
    of
    -~7—O
    /
    4
    -
    Dorothy
    M.
    G?inn,
    Clerk
    Illinois Pollution Control Board

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