ILLINOIS POLLUTION CONTROL BOARD
    May 28,
    1981
    IN
    THE MATTER OF:
    PROPOSED AMENDMENTS TO SULFUR
    )
    R77-15
    DIOXIDE EMISSION LIMITATIONS.
    )
    R80—22
    ORDER OF THE BOARD
    (by
    I. Goodman):
    The May
    6,
    1981 motion of Sherex Chemical Company
    (Sherex)
    and
    CPC
    International Inc.
    for expedited decision indicates the
    need for immediate action in the proceeding R77-15,
    the record of
    which closed on May
    15,
    1981.
    Sherex petitioned for a limitation
    of up to 6.0 in R77—15; the Agency proposed,
    in R80—22,
    generally
    a limitation of 5.5
    (up to 6.8 on showings specific to sources),
    yet of only 3.3 for that area of Peoria within which one of Sherex’
    facilities is
    located
    (Proposed Rule 204(c) (1) (A) (iii)(c)).
    Although the SIP contains a limitation of
    1.8, Sherex cannot obtain
    a permit to operate
    (or to construct GEP stack extensions)
    from the
    Agency when emissions would exceed 1.8 but not 5.5.
    The Board’s
    deliberation of both R78—14 and R77—15 has been delayed upon
    requF~st
    of the Agency after the addition of §92
    of the Act
    (which led to
    the Agency’s proposal
    in R80-22 on December
    1,
    1980).
    The situation is the more vexacious for the fact that
    the
    USEPA conditioned its approval of the SIP upon the adoption,
    and
    submission by September
    30,
    1981, of these Peoria source regulations
    in R77—15
    (see 45 Fed.Reg.
    11481,
    February 21,
    1980).
    Sherex
    alleges in its motion that the USEPA is attempting to enforce the
    SIP against it
    (issuance of
    a notice of violation; possible issuance
    of a notice of noncompliance), which would subject Sherex to sub-
    stantial and immediate penalties.
    The Agency has not issued Sherex
    either a construction or an operating permit
    (see IEPA v.
    Sherex,
    et al.,
    3d Dist.App.Court,
    No.
    81—32),
    although nothing prevents
    the permit from constituting
    a revision to the applicable SIP
    limitation.
    The Board
    finds that there may be other Peoria sources
    which either have been,
    are, or will be in Sherex’ position until
    regulations in R77—15 and/or R80—22 are adopted as SIP revisions
    unless Agency permits act to revise the SIP in the interim period.
    The Board finds that there is
    no evidence
    in the record of
    R77—15 regarding the technological feasibility or economic reason-
    ableness of a limitation of 3.3 with
    or without stack extensions
    by Sherex and/or others.
    The Board finds that there is sufficient
    evidence in the record of R77—15 to make a determination as to
    Peoria area SOT, emission limitations.
    The Board finds that prompt
    decision in R77—15, under the emergency rulemaking provisions of
    the Illinois Administrative Procedures Act,
    may prevent Peoria
    41—509
    —2—
    area sources affected by R77-15 from exposure to SIP sanctions
    and
    other enforcement actions under the Clean Air Act.
    The Board will,
    therefore, render a decision in R77-15 utilizing those emergency
    provisions even though
    later promulgation of regulations
    in R80—22
    could supersede the decision.
    IT
    IS SO ORDERED.
    Mr. Werner abstains.
    I, Christan L. Moffett,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on the
    c~
    day of
    ~
    ,
    1981
    by a vote of
    ~?-~
    ii
    c~1t
    Christan L.
    Moffet
    ,
    rk
    Illinois Pollution C
    rol Board
    41—510

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