ILLINOIS POLLUTION CONTROL BOARD
September 3,
1992
IN THE MATTER OF:
)
)
TOXIC AIR CONTAMINANTS LIST
)
RES 92-1
(35 Iii. Adm. Code 232)
)
R90—1
(A)
IN THE MATTER OF:
)
)
TOXIC AIR CONTAMINANTS LIST,
)
R90-1
(D)
STYRENE
(35 Ill. Adm.
Code 232.Appendix A)
)
RESOLUTION
AND
ORDER OF THE BOARD (by J.
C. Marlin):
In
Docket
R90-1
A,
the
Pollution
Control
Board
(Board)
proposed to add to its rules a list of 264 toxic air contaminants
as mandated by Section 9.5(c)
of the Environmental Protection Act
(Act).1
(Ill. Rev.
Stat.
1991,
ch.
lii 1/2 par. 1009.5(c)).
The
proposed new rules
(35 Ill.
Adm. Code 232) were considered by the
Joint Committee on Administrative Rules
(JCAR or Joint Committee)
at its July 14 and at its August 11, 1992 meeting.
JCAR issued an
objection to the listing of one chemical,
styrene.
(16 Ill.
Reg.
13372,
August 28,
1992.)
This
resolution
and
order
constitutes
the
Board’s
formal
response to JCAR’s August 11,
1992 objection to 35
Ill. Adm. Code
232.Appendix A.
Section 7.07(c)
of the Administrative Procedure
Act
(IAPA)
requires that an agency respond within 90 days of
an
objection.
Section 7.06(c)
of the IAPA states that, an agency may
(1)
modify
the
proposed
rule
or
amendment
t’::
~ieetth:
Joint
Committee’s objection,
(2) withdraw the proposed
i.e
or air
~dment
in its entirety or
(3)
refuse to modify or with~awthe proposed
rule
or
amendment.
(Ill.
Rev.
Stat.
1991,
ch.
127,
par.
1007.06(c).)
For the reasons
set
forth below,
the Board hereby
modifies
the
proposed
rules
by
deletion
at
this
time
of
the
chemical styrene from the list of toxic air contaminants.
However,
the Board also today opens a new subdocket D in this proceeding for
continued deliberation of a proposed styrene listing.
The Board
will issue a separate order in Docket D establishing procedures for
further deliberation in the near future.
These rules were proposed for first notice by the Board’s
opinion and Order
of April
26,
1990,
and were published in the
Illinois Register on June 8,
1990.
(14 Ill. Reg~8905).
A second
first
notice
proposal
was
adopted
on
September
26,
1991
and
published
in the Illinois Register on October
18,
1991
(15
Ill.
Reg.
14969.)
The Board proposed these rules for second notice in
its opinion and order of June 4, 1992.
0135-0625
2
THE OBJECTION
The JCAR objection is set forth below in its entirety:
At
its meeting on August
11,
1992,
the Joint Committee on
Administrative Rules objected to the Pollution Control Board’s
rulemaking entitled Toxic Air Contaminants
(35 Ill. Adm. Code
232)
because in failing to review and evaluate fully all of
the relevant material submitted concerning the listing of the
chemical styrene as
a toxic air contaminant,
the Pollution
Control
Board
acted
contrary
to
Section
5.40(a)
of
the
Illinois Administrative Procedure Act.
Failure of the agency
to respond within 90 days after receipt of the Statement of
Objection shall be deemed to be a refusal to respond under the
Administrative Procedure Act and shall constitute withdrawal
of this proposed rulemaking.
(16 Iii. Reg.
13372.)
BOARD RESPONSE
Concerns about the styrene listing were expressed by members
of JCAR at its July 14 meeting, and were the subject of discussions
between Board and JCAR staff
prior to the August
11 meeting
at
which the Committee voted the objection.
The Board learned that a
12 page comment was submitted to JCAR by the Styrene Information
and Research Center
(SIRC)
on July 14,
1992;
the Agency filed
a
responsive comment with JCAR on August
10,
1992.
These documents
are not formally before the Board at this time, but will be entered
into the record in Docket D and considered in more detail in that
proceeding.
At
issue
is whether the Board fully
considered all of
the
technical documents and arguments presented by SIRC concerning the
listing of
styrene,
including those related to mutagenicity and
toxicity.
The Agency had proposed the listing of styrene, which
was the subject of hearing testimony and written comment.
The
Board had proposed deletion of the styrene listing in its second
first
notice opinion
(September
26,
1991,
p.
18).
However,
as
urged by the Agency, the Board proposed to retain it on the list
at second notice (June 4,
1992,
p. 13—16).
The Board does not take an objection from the Joint Committee
lightly, particularly where the objection reflects concern as to
whether the Board has acted within its statutory authority.
In its
deliberations,
the
Board makes
every attempt to
ensure
careful
review
of the relevant information before
it.
While
the Board
disagrees with
some
of
SIRC’s
assertions,
in
this
instance
it
agrees with the Joint Committee that additional consideration of
available scientific data concerning styrene is appropriate.
0
35-0626
3
CONCLUSION
Under
these
circumstances,
the
Board
believes
that
modification of the rules as proposed to delete the styrene listing
is the most appropriate of the responses to the objection permitted
by Section 7.06 of the IAPA.
The Board will,
by separate opinion
and
order,
today
proceed to adopt the balance
of the rules
as
proposed on June
4,
1992.
The Board has,
by this order,
opened
Docket
D
in
R90-1
to allow
for
additional
consideration and
a
fuller explanation of the Board’s rationale concerning action to
list or delist styrene.
The Board will issue an order establishing
procedures shortly.
Finally, the Board wishes to thar~the Joint Committee and its
staff for their assistance to the Beard
in its consideration of
these issues.
IT IS SO ORDERED.
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby cer~ify that
th
above
resolution
and
order
was
adopted on the
~
day of
____________________,
1992, by a vote
of
7—~
.
/
~
Dorothy N. Gn,
Clerk
Illinois Pol”l&ition Control Board
0135-0627
0 135-0628