ILLINOIS POLLUTION CONTROL
    BOARD
    February 10, 1983
    IN THE MATTER OF:
    )
    )
    ALTERNATIVE
    CONTROL STRATEGIES,
    )
    R81-20
    FINAL
    RULE,
    )
    FINAL RULE
    CHAPTER
    2:
    AIR
    POLLUTION
    )
    MOTION FOR RECONSIDERATION
    ORDER OF THE BOARD
    (by
    I.G.
    Goodman):
    On January 12, 1983, the Illinois Environmental Protection
    Agency
    (Agency)
    moved
    the
    Board
    to
    reconsider
    its
    Second
    Notice
    Order
    of
    December
    2,
    1982
    in
    the
    above-captioned
    matter.
    The
    Agency
    further
    recommended
    that
    the
    Board
    re—propose
    for
    First
    Notice Rule 202.145
    to
    allow
    for
    further
    comment on this partic-
    ular rule.
    The Board declines to re—propose the rule for First
    Notice due to
    the
    constraints of the statutory deadline in Section
    9.3(c) and the public interest in having these regulations receive
    federal State Implementation Plan approval as soon as possible.
    However,
    the Board will accept and consider public comment and
    testimony on the technical merits of Rule 202.145 at economic
    impact hearings to be held on March 7th and 11th, 1983 to review
    the economic study.
    Briefly, the procedural status of this rulemaking is as fol-
    lows.
    On
    December
    2,
    1982 the Board
    took
    final action adopting
    the substance of this rule as mandated by Section 9.3(c) of
    the
    Act.
    The Board transmitted the proposed rulemaking to the Joint
    Committee on Administrative Rules with a request for expedited
    consideration on December 8, 1982.
    However, the Joint Committee
    was unable to consider the proposed rulemaking until
    its January
    25, 1983 meeting.
    On January 25, 1983 the Joint Committee members
    present objected to the filing of the rule because the Board
    had
    not
    taken
    comment
    on
    the
    economic
    impact
    study
    (which
    had
    not
    yet
    been
    made
    available
    for
    Board
    review).
    The
    Board’s
    view
    on
    this
    subject
    was
    stated
    in
    the
    December
    2,
    1982
    Opinion
    and
    Order
    of
    the
    Board,
    i.e.,
    that
    the
    specific
    statutory
    deadline
    mandated
    in
    Section
    9.3(c) must
    be
    interpreted
    as
    superseding
    the
    require-
    ment of a prior economic study
    in
    a
    situation
    where
    the
    Department
    of Energy and Natural Resources fails to submit a study to the
    Board prior to the statutory deadline.
    Although the Board is not
    bound
    to defer to the Joint
    Committee in this matter (in part due to the fact that the Second
    Notice period elapsed prior to the Committee’s decision and the
    fact
    that
    the
    committee
    did
    not
    have
    a
    quorum),
    in deference to
    he
    Joint
    Committee,
    and because the Board agrees that little,
    51-149
    2
    if any
    harm will result from a short
    delay,
    the Board will delay
    lfilinçj this rulemaking with the Secretary of~State until after
    the economic impact hearings have been completed and the testimony
    presented has been considereth
    IT IS SO ORDERED~
    Chairman
    Dumelle
    concurreth
    I,
    Christan
    L~Moffett, Clerk of the Illinois Pollution
    Control
    Bo~rd,
    hereby
    c?rtity
    that
    the
    above Order was adopted
    on
    the
    2_~1daY
    ~
    1983
    by a
    vote
    o ~
    Illinois
    Pollution
    Cont~ol
    Board
    51-150

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