ILLINOIS POLLUTION CONTROL BOARD

July

9,

1981

IN THE MATTER OF:

)

PROPOSED AMENDMENTS TO CHAPTER

2:

)

R81—16,

AIR POLLUTION CONTROL RULES AND REGULATIONS

)

DOCKETS A AND B

(MAJOR SOURCE PERMIT PROGRAMS,

§9.1 OF THE

)

ILLINOIS ENVIRONMENTAL PROTECTION ACT).

ORDER OF THE BOARD

(by

I.

Goodman):

The Illinois Environmental Protection Agency’s July

2,

1981

motion to overrule hearing officer order

is denied.

The hearing officer’s order of May 22,

1981 sets technological

hearings on the nonattainment part of the proposal.

Whatever rules

proposed which relate to the issuance of these permits will he the

subject matter of these hearings; whatever rules relate to the

attainment part of the proposal will he the subject matter of

technological hearings

to be held after receipt of the ~IS.

The

order does not rule that specific proposed rules are applicable

solely to one part or the other.

The order

is clearly an attempt

to meet the statutory deadline for the nonattainment portion.

The establishment of Dockets A and B is for purposes of

hearing, e.g., to focus evidence related solely to one part of

the proposal in one hearing transcript.

The regulatory proceeding

R81-16 covers both programs; nothing in the hearing officer’s order

prevents the Board from adopting both programs simultaneously after

completion of hearings,

nor from considering both dockets for such

purpose.

Future hearings will be combined (technological and eco-

nomic) and are to be held upon receipt of the EIS.

However, each

of these hearings will be limited to consideration of either the

attainment or the nonattainment program for clarity of the recorri.

In view of §9.1 of the Act,

it is not the Board’s intention

to adopt regulations which duplicate §9.1(f)

or any of the appli-

cable federal statutes or regulations.

The intent of the hearing

officer’s order was to ascertain from the proponent which,

if any,

of its proposed regulations were exactly like federal and therefore

state requirements; the proponent’s response to the order stated

that none are,

although proponent’s motion states that §165 of the

Clean Air Act is duplicated, and that there will be duplicate BACT

requirements

(p.4).

Hearings on July 20 and 21,

1981 shall not be delayed or

continued.

43—43

---

IT

IS SO ORDERED.

Mr. Anderson abstained.

I, Christan L. Moffett,

Clerk of the Illinois Pollution

Control Board,

certify that the above Order was adopted

on the

‘-j~’~

day of

,

1981 by a vote of ~

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d~ri~.stan

t. MoUe~t/~ferk

Illinois Pollution ~ntrol

Board

43—44