ILLINOIS POLLUTION CONTROL BOARD
    December18, 2003
     
    IN THE MATTER OF:
     
    CLEAN-UP AMENDMENTS TO
    35 ILL. ADM. CODE PART 214
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    R04-10
    (Rulemaking - Public Water Supply)
     
    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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