ILLINOIS
    POLLUTION CONTROL BOARD
    January
    8,
    1981
    IN
    THE
    MATTER
    OF:
    PROPOSED
    AMENDMENTS TO AIR
    )
    R80-5
    POLLUTION CONTROL RULES 103,
    104,
    201 AND 205
    (VOLATILE ORGANIC
    )
    MATERIALS).
    ORDER OF THE BOARD
    (by
    I.
    Goodman):
    Motion to Clarify Record filed December 11,
    1980
    is granted.
    On April
    3,
    1980 the Board docketed the proposal of the
    Illinois Environmental Protection Agency,
    filed March 26,
    1980,
    for hearing as a substantive regulatory proposal.
    The hearing
    officer on April
    30, 1980 set hearings for June
    4,
    1980 and June
    9,
    1980.
    On May 30,
    1980,
    DeSoto,
    Inc.,
    Midland Division, The Dexter
    Corp.,
    and International Harvester Co. (Petitioners)
    filed
    “Proposal
    to
    Amend
    Air Pollution Control
    Rule
    201,
    definition of
    volatile organic material.”
    This document was the subject matter
    of testimony on June
    4,
    1980 and June
    5,
    1980.
    On June 12,
    1980
    the Board denied Petitioners’ motion to consolidate their “proposal”
    with that of the Agency’s and, in noting the record,
    stated that
    its
    subject matter is properly a part of the record of this pro-
    ceeding.
    Moreover, at further hearing on November
    5,
    1980,
    Petitioners’
    document,
    exactly as worded,
    was made an exhibit
    (26,
    sic 31)
    to this proceeding
    (R.710—1).
    Thus, the record in several places consists of testimony
    from various industries
    (as well as government agencies)
    as to
    defining “volatile organic material” to exclude (and/or to include)
    1,1,1—trichloroethane
    and
    methylene
    chloride,
    which
    were
    the
    only
    items of Petitioners’
    “proposal” which differed from the Agency’s.
    As to conferring upon Petitioners status as “original parti-
    cipants” or “original proponents,”
    presence or absence of same
    affects
    no
    substantive
    or
    procedural
    rights
    or
    remedies
    under
    either §41 of the Illinois Environmental Protection Act or the
    Board’s
    Procedural
    Rules.
    As
    to
    conferring
    upon
    Petitioners
    document the status of “a regulatory proposal as to what the
    wording
    or
    content
    of
    the
    proposed
    definition
    should
    consist,”
    the
    document
    has
    that
    status
    at
    present,
    However,
    whenever
    the
    Board
    refers
    to
    the
    regulatory
    “proposal”
    herein,
    it
    refers
    not
    to
    testimony
    or
    comments
    as
    to
    what
    regulations
    should
    look
    like
    in
    final
    form,
    but
    to
    the
    proposal
    which
    initiated
    the
    regulatory
    proceeding
    and
    any
    amendments
    thereto
    later
    filed
    by
    that
    original
    proponent.
    The
    Board
    is
    fully
    cognizant
    that
    participants
    at
    40—293
    —2—
    hearing
    other
    than
    the
    proponent
    of
    a
    regulation
    can
    and
    do
    “propose”
    Board
    action,
    yet
    for
    administrative
    convenience
    and
    for
    purposes
    of
    §28
    of
    the
    Illinois
    Environmental
    Protection
    Act,
    the
    word
    “proposal”
    refers
    to
    that
    which
    the
    original
    proponent
    desires
    that
    the
    Board
    adopt
    through
    that
    regulatory
    proceeding.
    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 g~
    day of
    __________,
    1981 by a vote of ~ C’.
    ~
    ~
    Christan L. Moffett~aerk
    Illinois
    Pollution
    Control
    Board
    40—294

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