ILLINOIS POLLUTION CONTROL BOARD
    March
    1,
    1979
    IN THE MATTER OF:
    INQUIRY HEARINGS ON
    )
    R76-9
    INTERMITTENT CONTROL SYSTEMS FOR
    )
    THE CONTROL OF SULFUR DIOXIDE
    )
    EMISSIONS
    ORDER OF THE BOARD
    (by Mr. Goodman):
    In 1975,
    the Illinois legislature amended the Environ-
    mental Protection Act to include Section 10(h), which requires
    the Board to prescribe the conditions under which sources may
    use intermittent control systems
    (ICS)
    in lieu of compliance
    with emissions limitations.
    A proposal filed by the Agency
    in 1975,
    R75—5,
    included a proposed ICS regulation.
    On April
    8,
    1976, the Board ordered that inquiry hearings be conducted
    to gather information on intermittent control systems.
    Inquiry
    hearings were held on November 17, 1976,
    and January 12,
    1977,
    in Chicago, Illinois.
    In August of 1977,
    Congress enacted amendments to the
    federal Clean Air Act, Public Law 95—95
    (August
    7, 1977).
    Section 123 of the amended Clean Air Act,
    42 U.S.C.
    §7423
    (1977), provides that the degree of emission control
    required for any pollutant under the Clean Air Act shall
    not be affected in any manner by any intermittent control
    system.
    Because of this provision,
    the Board did not
    include any version of the proposed ICS rule in the final
    regulations
    it adopted
    in R75-5.
    Recent amendments
    to the Environmental Protection
    Act,
    including the addition of Section 9.1 which requires the
    Board to enact federal New Source Performance Standards and
    an amendment to Section 35 which requires variances to be
    consistent with the Clean Air Act,
    indicate to the Board
    the legislature’s intent to eliminate inconsistencies
    between federal and state legislation.
    The Board finds
    that Section 123 of the amended Clean Air Act,
    42 U.S.C.
    §7423, precludes us
    from proposing a regulation on ICS
    as a result of these inquiry hearings.
    The record in
    R76-9
    is hereby closed.
    IT IS SO ORDERED.
    33—69
    —2—
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control ,~oard, hereby certify ~he above Order was adopted on
    the
    /
    ~
    day of
    ,
    1979 by a vote
    of____________________
    Christan
    L. Moff
    ,~
    Clerk
    Illinois Polluti
    Control Board
    33—70

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