ILLINOIS POLLUTION CONTROL BOARD

April 24, 1975

IN THE MATTER OF

)

R74~6

AIR QUALITY MAINTENANCE AREA

DESIGNATIONS

OPINION AND ORDER OF

THE

BOARD (by

Mr. Dumelle):

The Illinois Environmental Protection Agency (Agency)

filed

on

March 17, 1975 a Motion to Modify ?he Board Order

dated February 6, 1975 in the above captioned matter~ This

Board Order requested that the Agency update the data and

techniques used in the technical analyses presented at the

hearings held by the Board in the above captioned matter.

In essence the Agency requests that the Board rescind this

Order and in place grant the Agency~srequested Air Quality

Maintenance Area designations as~per the record in R74—6,

The Agency alleges that it could have adopted the Air Quality

Maintenance Area designations (hereinafter referred to as

AQMA) without holding public hearings pursuant to the Environmental

Protection Act but that U~S. Environmental Protection Agency

regulations required hearings. The Agency states that it

could have held the hearings rather than requesting the

Board to conduct the hearings. The Agency stated that “it

appreciates the nature of the hearings the orderliness,

the official tone, and the serious comment evoked ~held by

the Board”.

The Agency maintains that it may designate AQMA5 as a

basis for ~studying the need for and arriving at proposed

maintenance plan regulations. to the Board~ The Agency

alleges that until maintenance plan regulations have been

submitted to th.e Board for public hearing and formal adoption,

that no person, company or governmental unit will be prejudiced

by the Agency~s designation of AQMAs~

The Board agrees with the Agency~s representation that

it could have adopted AQMA ~iiththe necessity of Board

action. Although the Board conducted three days of hearings

in

the above captioned proposal, no Board action is necessary

prior

to the

Agency~s designation of

Air Quality

Maintenance

Areas, Therefore, the Order entered by the Board on February

6, 1975 is rescinded. The Agency is free to designate

whatever Air Quality Maintenance Areas it wishes,

16

—

515

---

ORDER

The regulatory proposal, R74-6, is hereby terminated.

IT IS SO ORDERED.

I, Christari L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Order was adopted on the

.UVIW

day of April, 1975 by a vote of

4-o

Q~rn

Christan L. Moffeti!,

~thv

Illinois Pollution

rol Board