ILLINOIS POLLUTION CONTROL BOARD

November

25,

1987

IN THE MATTER OF:

PROPOSED AMENDMENTS TO PART

)

R86—39

211 AND 215,

LEAKS FROM SYNTHETIC

ORGANIC CHEMICAL AND POLYMER

MANUFACTURING EQUIPMENT

RESOLUTION

IN RESPONSE TO JOAR OBJECTION.

RESOLUTION AND ORDER OF THE BOARD

(by J.D. Dumelle):

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 witn

Section 7.06(c)(3)

of

the Illinois Administrati~eProcedure 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

Ill.

Adin.

Code

215,

because

the

Board

failed

to

comply

with

the

regulatory

flexibility

requirements

of

Section

5.01

of

the Illinois Environmental Protection Act.

Although “not applicable”

racy not be appropriate,

as JCAR

alleges,

the Board believes that

no adverse effect ~il1

result

from its inclusion as

a response

to the regulatory flexibility

question

in this proceeding.

Because

the rules apply to plants

which process more than 4033

tons per year

of gaseous

or

light

liquid volatile organic material,

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

Air Act for the imposition

of

reasonably available control

technology

(RACT)

on sources

of air pollution.

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.

83~-213

---

—2—

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 solution and Order was

adopted

on the

______________

day

of

____________,

1987

by a vote

of

______________

Dor

liii

Pollution Control Board

83—214