ILLINOIS POLLUTION CONTROL BOARD
September 4, 1997
IN MATTER OF:
TOXIC AIR CONTAMINANT LIST,
ENVIRONMENTAL EFFECTS
CONSIDERATION (35 ILL. ADM.
CODE 232)
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R90-1(B)
(Rulemaking - Air)
ORDER OF THE BOARD (by J. Yi):
Docket R90-1 was opened January 2, 1990, to address the Illinois Environmental
Protection Agency’s (Agency) proposal to create a list of toxic air contaminants (TACs) as
required by Section 9.5(e) of the Illinois Environmental Protection Act (Act) (415 ILCS
5/9.5(e) (1996)). After hearings, by order of September 26, 1991, the Board adopted a first
notice proposal in R90-1(A). In that same order, the Board created subdocket R90-1(B) to
address the question of developing environmental effects criteria for selecting TACs. In the
Matter of: Toxic Air Contaminants List (35 Ill. Adm. Code 232) September 26, 1991, R90-1,
slip op. at 14. Final rules were adopted in R90-1(A) on September 3, 1992.
Due to press of other business, no proposal has been filed in R90-1(B). The Agency’s
July 1997 regulatory agenda submittal to the Board for Illinois Register publication (21 Ill.
Reg. 11299 (August 8, 1997)) does not contain any listing for this item, so it would appear
that the filing of a proposal is not imminent. Under these circumstances, the Board sees no
purpose in continuing to keep this docket open. In the event the Agency files a proposal
regarding this subject, the Board will assign the matter a new docket number.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 145 Ill. 2d
R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 4
th
day of September 1997, by a vote of 7-0 .
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board