RECEIVED
CLF.RT’S
(WFTC~
OCT
062003
S~i-iii.Ot~
1L4_uN~jl~
Pollution
Control
Boczrci
IN THE MATTER OF:
CLEAN-UP AMENDMENTS TO
35
ILL.
)
R04-10
ADM. CODE PART 214
)
(Rulemaking
-
Air)
PROPOSED NEW AND UPDATED RULES
)
HEARING
OFFICER
ORDER
On September 2,
2003, the Illinois Environmental Protection Agency (Agency) filed a
proposal for rulemaking pursuant to
Sections
27 and 28
ofthe Illinois Environmental Protection
Act (Act),
415
ILCS 5/27
and 28
(2002).
The proposal seeks to correct typographical errors in
the “special formula” set forth at Section 214.184 that
is used to determine sulfur dioxide
emissions from stationary sources.
The Agency states the proposal clarifies
the existing formula
for calculating sulfur dioxide emissions from stationary sources.
The Board accepted the
Agency’s proposal for hearing on September
18,
2003.
The Board’s technical staff has reviewed the Agency’s proposal along with the Board’s
Final Order
in Docket
R75-5R74-21
dated December
14,
1978.
The review suggests that the
typographical errors identified in the Agency proposal occurred when the old Board Rule 2042
was re-codified in October
1983.
See 7 Ill. Reg.
13579,
October 1983.
Further, the review
indicates that
in addition to those in the “Special Formula” at Section 214.184, a number ofother
inadvertent typographical errors/changes may have occurred during the re-codification of the old
Board rules.
These errors appear in Sections 214.183, 214.184 and 214.appendix C.
To make hearing in this rulemaking as efficient as possible, it would be helpful for the
Agency to review the Board’s original sulfur dioxide regulations under Rule
204
in conjunction
with the current rules
at 35 Ill.
Adm. Code 214.
If the Agency agrees that additional clean-up of
these rules is necessary, it would be
helpful for the Agency to propose additional corrections
in
advance of hearing, if necessary,
in
an errata sheet. The Agency may contact Anand Rao, the
Board’s Senior Environmental Scientist, if the Agency has any specific questions or needs
additional information concerning the above mentioned re-codification errors.
Finally, the hearing officer expects to schedule the two required hearings in this docket as
soon as possible.
The Board originally adopted the formulae for determination of sulfur dioxide emissions in consolidated Dockets
R75-5
and R74-1.
2
Old Rules 204 (e)(1) and (e)(2) were codified as
35
111.
Adm. Code
214.183, 214.184,
and 214.Appendix C.
)
)
2
IT IS SO ORDERED.
William Murphy
0’
Hearing Officer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
(312) 814-6062
3
CERTIFICATE OF
SERVICE
It is hereby certified that true copies ofthe foregoing order were mailed, first
class, to each ofthe following on October 6, 2003
Charles B. Matoesian, Assistant Counsel
Illinois Environmental Protection Agency
Division ofLegal
Counsel
1021
North Grand Avenue East
P.O. Box
19276
Springfield, IL 62794-9276
SECOR International Incorporated
Daniel J. Goodwin, Principal Engineer
400 Bruns Lane
Springfield, IL
62702
It is hereby certified that a true copy ofthe foregoing order was hand delivered to
the following on October 6, 2003:
Dorothy M. Gunn
Illinois Pollution Control Board
James
R. Thompson Center
100 W. Randolph St., Ste.
11-500
Chicago, Illinois 60601
F
____
William Murphy
r
~
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
312.814.6069