ILLINOIS POLLUTION CONTROL BOARD

December18, 2003

Proposed Rule. Dismissal Order.

ORDER OF THE BOARD (by J. P. Novak):

 This order dismisses this rulemaking at the request of the proponent, the Illinois Environmental Protection Agency (Agency), which moved to withdraw the proposal on November 21, 2003.

 The Board accepted the Agency’s September 2, 2003 rulemaking proposal by order of September 18, 2003. The Agency stated that the proposal seeks only to correct typographical errors in the existing “special formula” in Section 214.184 used to determine sulfur dioxide emissions from stationary sources.

In its motion to withdraw, the Agency reports that an October 6, 2003 hearing officer order queried whether the rulemaking should also address other errors that appear to have occurred during recodification of certain air rules. The motion explains that the Agency cannot devote resources to the necessary research at this time. But, the Agency notes, it plans to proceed with a general “clean-up” of Part 214 late next year. This would be proposed in conjunction with amendments as part of the State Implementation Plan for the new National Ambient Air Quality Standard for fine particulate (PM 2.5). (Mot. At 1-2).

In dismissing this docket, the Board defers to the Agency’sdetermination that it cannot serve as proponent in this docket at this time. This docket is accordingly closed. However, the Board believes that the public will be better served if the rules are corrected sooner, rather than later when substantive changes are also proposed. The Board intends to open a docket in the near future and itself propose only needed corrections of typographical or similar recodification errors.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board adopted the above order on December 18, 2003, by a vote of 5-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

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