ILLINOIS POLLUTION CONTROL BOARD
    October
    5,
    1982
    IN THE MATTER OF:
    )
    PROPOSED AMENDMENTS TO CHAPTER 2:
    )
    AIR POLLUTION CONTROL RULES AND
    )
    R81—16:
    tNTERIM
    RULE
    REGULATIONS, NONATTAINMENT AREA
    )
    PERMIT REGULATIONS PURSUANT TO
    )
    §9.1 OF THE ILLINOIS ENVIRONMENTAL
    )
    PROTECTION ACT.
    )
    Emergency Rule.
    OPINION AND ORDER OF THE BOARD
    (by I.
    G.
    Goodman):
    By its own language,
    the interim rule adopted in this
    proceeding expired on October
    1,
    1982,
    anticipating that a
    final
    rule would have been adopted by that date.
    However,
    the Economic
    Impact Study was only received on August
    6, 1982.
    Furthermore,
    the recent decision in Natural Resources Defense Council
    v.
    Gorsuch, No. 81—2208
    (D.C. District, August 17,
    1982) limits the
    definition of “source” to an individual piece of process equipment
    as opposed to a definition including that and an industrial plantt
    commonly known as the “dual definition.”
    This is contrary to the
    definition much of the proposal
    in R81-16 is based on.
    Thus,
    the
    Board must scrutinize further the applicability of the rules
    proposed by the Illinois Environmental Protection Agency to avoid
    adopting rules contrary to federal
    law.
    Pursuant to the NRDC decision, the USEPA has informed the
    states that action on SIP revisions not approved prior to
    August 17, 1982 is halted to the extent that such action does
    not
    comply with the court’s ruling.
    The interim rules incorporated
    as
    Board rules on December
    17,
    1981 contain the dual definition.
    Nevertheless, permits requested under the New Source Review prow
    gram for nonattainment areas
    could be premised on the individual
    piece of process equipment, and therefore could still be granted
    and be eligible for SIP approval despite the NRDC decision.
    To insure that permits of this type are processed uniformly
    after October
    1,
    1982, the Board will adopt the following as an
    emergency rule, acknowledging that “source”
    is limited presently
    to defining individual pieces of process equipment.
    ORDER
    Part XI of Chapter
    2:
    Air Pollution Control Rules
    arid
    Regulations is hereby adopted as an emergency rule.
    It is
    49-111
    2
    entitled
    “Permit
    Program
    for
    the
    Construction
    and
    Operation
    of
    New
    or
    Modified
    Major
    Stationary
    Sources
    in
    Nonattainment
    Areas.”
    Rule 1101 of Part XI
    is hereby adopted as follows:
    Rule
    1101
    Permit
    Issuance
    The
    Environmental
    Protection
    Agency
    (Agency)
    shall
    issue
    permits
    pursuant to the former Agency “Rule for Issuance of Permits to
    New or Modified Air
    Pollution
    Sources
    Affecting
    Non—attainment
    Areas,” provided that no permit condition or requirement is more
    stringent than required by the Clean Air Act,
    the Act, or this
    Chapter.
    IT IS SO ORDERED.
    I,
    Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control
    Board,
    hereby
    certify
    that
    the
    a1~oveOpinion
    and
    Order
    was
    adopted
    pn
    the
    ~
    day
    of
    ___
    ~
    1982
    by
    a
    vote
    of
    ~
    Illinois Pollutioj
    Board
    49-112

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