ILLINOIS POLLUTION CONTROL BOARD
October 16, 1997
IN THE MATTER OF:
AMENDMENTS TO GENERAL
PERMITTING PROVISIONS TO REQUIRE
PERPETUAL PERMITS FOR CERTAIN
SOURCES: AMENDMENTS TO 35 ILL.
ADM. CODE 201
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R98-13
(Rulemaking - Air)
ORDER OF THE BOARD (by M. McFawn):
On October 10, 1997, the Board received a proposal for amendments to the Board’s air
permitting rules (35 Ill. Adm. Code 201) filed by the Illinois Environmental Protection
Agency (Agency). The proposed rules would amend the air permit system to establish a
“perpetual” air pollution permit program. Sources affected are those that emit 25 tons or more
per year and that are not subject to Section 39.5 of the Environmental Protection Act (Act),
415 ILCS 5/39.5 (CAAPP permit program), and are not required to have a federally
enforceable State operating permit (FESOP). The proposal indicates that the proposed rules
are required under amendments to the Act contained in P.A. 90-367, effective August 10,
1997. Pursuant to P.A. 90-367, the Board is required to revise its rules to reflect the
amendments to the Act before July 1, 1998.
The Board finds that the petition meets the minimum requirements of 35 Ill. Adm.
Code 102.160(a) and accordingly accepts the matter for hearing.
With its proposal, the Agency filed a “Motion for Expedited Hearings.” The motion is
hereby granted. The hearing officer assigned to this matter is directed to consult with counsel
for the Agency and to set hearings as required pursuant to Title VII of the Act (415 ILCS 5/26
et seq
.) at the earliest available mutually agreeable dates.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 16th day of October 1997, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board