ILLINOIS POLLUTION CONTROL BOARD
May 5, 2005
IN THE MATTER OF:
)
)
PROPOSED AMENDMENTS TO
) R05-20
EXEMPTIONS FROM STATE
) (Rulemaking - Air)
PERMITTING REQUIREMENTS FOR )
PLASTIC INJECTION MOLDING
)
OPERATIONS (35 ILL. ADM. CODE 201.146) )
ORDER OF THE BOARD (by N.J. Melas):
This rulemaking, proposed by the Chemical Industry Council of Illinois (CICI), proposes
revisions to the Board’s regulations for air construction and operating permits. The proposal
seeks to add one category to the existing list of permit exemptions in Section 201.146. 35 Ill.
Adm. Code 201.146. According to CICI, the purpose of the proposal is to eliminate the burden
of state construction and operating permitting of low emitting emission units and activities for
both the Environmental Protection Agency (Agency) and owners and operators of plastic
injection equipment. Today the Board accepts the proposal for hearing.
As reflected above, the Board changes the caption to comport with Board rulemaking
procedures. In this order, the Board discusses the proposed amendments and accepts the
rulemaking for hearing.
CICI states that Section 201.146 contains a list of 59 exemptions based on categories of
emission units and activities that CICI refers to as “categorical exemptions.” Statement at 1-2.
1
The proposed amendment would include plastic injection molding operations in the categories of
emissions units exempt from state air permitting requirements. CICI refers to the proposed
language as the “plastic injection molding” exemption. Statement at 2. CICI states that plastic
injection molding operations emit volatile organic material and that emissions from the
associated activities covered under the proposed exemption to Section 201.146 of the Board’s
regulations are negligible.
Id
.
According to CICI, because of the low level of emissions they generate, plastic injection
molding operations would qualify for the “
de minimis
emissions” exemption proposed by the
proponents in the pending rulemaking docket R05-19. Statement at 3. CICI states, however,
that exemption applies only to permitted facilities, so plastic injection molding facilities that do
not otherwise require an Agency-issued air pollution control permit would not be eligible for that
proposed exemption.
Since CICI specifically requests that its proposal differs in nature from the proposed
amendments to state air permitting requirements in
In re
: Proposed Amendments to Exemptions
from State Permitting Requirements (35 Ill. Adm. Code 201.146), R05-19, the Board does not
1
The Board will cite to the Statement of Reasons as “Statement at _.”
2
consolidate the dockets at this time. However, the Board may coordinate hearings in this docket
with those in R05-19 in the interest of administrative economy.
CICI also requests a waiver of the Board’s proposal content requirements to include a
petition signed by at least 200 persons.
See
35 Ill. Adm. Code 102.202(f). In support of its
request, CICI attached an affidavit of CICI’s executive director, Mr. Mark Biel, stating that CICI
is an Illinois “not-for-profit” organization with over 198 member businesses that operate in
Illinois. Statement, Exh. B. CICI also attached a list of CICI’s member companies. Statement,
Exh. C. The Board grants CICI’s request and waives the petition requirement.
On April 19, 2005, CICI filed this proposal for rulemaking pursuant to Sections 27 and
28 of the Environmental Protection Act (Act) and 35 Ill. Adm. Code 102.202(b). 415 ILCS 5/27,
28 (2002). The Board finds that the rulemaking satisfies the content requirements of Section
102.202 of the Board’s procedural rules. 35 Ill. Adm. Code 102.202. The Board accepts this
proposal for hearing and directs the assigned hearing officer to proceed expeditiously under the
rulemaking provisions of the Act and Board procedural rules.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on May 5, 2005, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
