ILLINOIS POLLUTION CONTROL
    BOARD
    July 21, 1982
    IN THE MATTER OF:
    R8l—16
    MAJOR SOURCE CONSTRUCTION
    )
    Docket B
    AND MODIFICATION
    Proposed Rule.
    First Notice.
    ORDER OF THE BOARD (by I.
    G. Goodman):
    The rules pertaining to major source construction and
    modification proposed by the Illinois Environmental Protection
    Agency were accepted by the Board on May 15, 1981 and divided
    into two dockets:
    Docket A,
    the Attainment or Prevention of
    Significant Deterioration Program
    (PSD) and Docket B, the Non-
    attainment or New Source Review
    (NSR) Program.
    Docket
    A, PSD,
    is premised on Section 165 of the Clean Air Act
    (42 USC 7475)
    and Docket
    B, NSR, is premised on Section 173 of the Clean Air
    Act
    (42 USC 7503).
    The Agency’s proposal contained the permit
    program for PSD in Subpart B and the permit program for NSR in
    Subpart A.
    Merit hearings dealing exclusively with Subpart
    A,
    Docket B,
    were held on July 20 and 21,
    1981 in an effort to comply with the
    statutory mandate that the Board adopt regulations establishing
    such a permit program on or before October
    1,
    1981.
    (Ill.
    Rev.
    Stat.
    1979,
    ch.
    111½,
    par. 1009.1(d).)
    Interim rules, which
    were in fact the Agency’s administrative rules for permitting
    new sources in non—attainment areas,
    were adopted on December
    17,
    1981.
    Due to the two forty—five statutory notice periods
    contained in the Administrative Procedure Act,
    Ill.
    Rev. Stat.
    1979, ch.
    127, pars.
    1005.01(a)
    and
    (b), the Board was only
    able to complete First Notice.
    Pursuant to Section 9.1(e) of the Environmental Protection
    Act
    (Ill.
    Rev. Stat. 1979,
    ch.
    111½, par.
    1009.1(e))
    “Rules for
    Issuance of Permits to New or Modified Air Pollution Sources
    Affecting Non—attainment Areas” promulgated by the Agency expire
    on October
    1,
    1982.
    Statutory expiration of the Agency’s rules
    is imminent, but these same rules were adopted by the Board as
    its Interim rules and as Board rules are not subject to expiration.
    Nevertheless, in an effort to comply with the statutory intent,
    the Board directs the proposed rules included in Docket B of this
    proceeding to First Notice.
    It should be noted that these rules
    are those proposed by the Agency, unchanged by the Board, and
    therefore subject to amendment by the Board.
    47-465
    2
    IT IS SO ORDERED.
    I,
    Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify that the above order was adopted
    on the
    ~I
    d~
    day of
    ~
    ,
    1982 by a vote of
    ______
    ~
    /.
    Christan L. Mof ett,
    C1~~k
    Illinois Pollution Control Board
    47-466

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