ILLINOIS POLLUTION CONTROL BOARD

December 22, 1987

IN THE MATTER OF:

VOLATILE ORGANIC MATERIAL

)

R82-14

EMISSIONS FROM STATIONARY

SOURCES: RACT III

RESOLUTION IN RESPONSE TO JCAR OBJECTION.

RESOLUTION AND ORDER OF THE BOARD (by B. Forcade):

This resolution and order constitutes the Pollution Control

Board’s (Board) formal refusal to modify in response to the

objection of the Joint Committee on Administrative Rules (JCAR)

of November 19, 1987. This response is made in accordance with

Section 7.06(c) (3) of the Illinois Administrative Procedure Act

(APA). A notice of refusal to modify will be timely filed with

the Secretary of State for publication in the Illinois Register.

The JCAR objection reads, in pertinent part, as follows:

The Joint Committee objects to the Pollution

Control Board’s rules entitled “Organic

Material Emission Standards and Limitations”

35 Iii. Adm. Code 215 and “Definitions and

General Provisions,” 35 Ill. Adm. Code 211

because the Board failed to comply with the

regulatory flexibility requirements of

Section 5.01 of the ILlinois Administrative

Procedure Act;

Although “not applicable” may not be appropriate, as JCAR

alleges, the Board believes that no adverse effect will result

from its inclusion as a response to the regulatory flexibility

question in this proceeding. Because the rules apply to major

stationary sources which emit greater than 100 tons/year, small

businesses are not affected by these proposed regulations.

Moreover, the only remedy would appear to be reproposing the

regulations for First and Second Notice. The Board does not

believe that this would best serve the public interest in light

of the current December 31, 1987 deadlines imposed by the Clean

?dr Act for the imposition of reasonably available control

technology (RACT) on sources of air pollution.

84—743

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—2—

Finally, small businesses have received notice of the

proposed regulations through state—wide publication in the

Illinois Register and through notice to the Department of

Commerce and Community Affairs (DCCA). The Board has received no

comments from small businesses during the comment period.

Therefore, the Board refuses to modify in response to the

objection of JCAR.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above R~solutionand Order was

adopted on the

______________

day of ~

,

1987 by a vote

of

____________

~

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board