BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
R E
RKE
, I
VIE
D
IN THE MATTER OF :
)
JUL 1
8
?006
R06-27
AMENDMENTS
TO 35 ILL . ADM
. CODE
p~S~TATE
OF ILLINOIs
)
(Rulemaking- Miry n Control B08rd
201 (NEW SECTION 201 .501 PSD
)
CONSTRUCTION PERMITS)
)
NOTICE
TO: Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph, Suite 11-500
Chicago, Illinois 60601-32 18
SEE ATTACHED SERVICE LIST
PLEASE TAKE NOTICE that I have today filed with the Office of the Pollution Control
Board the Motion to Withdraw Rulemaking Proposal
of the Illinois Environmental Protection
Agency a copy of which is herewith served upon you
.
ILLINOIS ENVIRONMENTAL
PROTE TION AGENCY
By:
DATED : July 18, 2006
Gina Roccaforte
Assistant Counsel
Division of Legal Counsel
1021 North Grand Avenue East
P
.O
. Box 19276
Springfield, Illinois
62794-9276
(217) 782-5544
ON RECYCLED PAPER
(217) 782-9143
(TDD)
THIS FILING IS SUBMITTED
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUL
18 2006
IN THE MATTER OF:
STATE OF
ILLINOIS
)
R06-27
Pollution Control Board
AMENDMENTS TO 35 ILL . ADM_ CODE
)
(Rulemaking -
Air)
201 (NEW SECTION 201 .501 PSD
)
CONSTRUCTION PERMITS)
)
MOTION TO WITHDRAW RULEMAKING PROPOSAL
NOW COMES Proponent, the Illinois Environmental Protection Agency (Illinois EPA),
by one of its attorneys, and pursuant to 35 Ill . Adm. Code 101
.500, respectfully submits this
Motion to Withdraw Rulemaking Proposal
. In support of its Motion, the Illinois EPA states as
follows:
On June 20, 2006, the Illinois EPA filed the rulemaking proposal with the Board
to eliminate an automatic 30-day stay provision under the Prevention of Significant Deterioration
of Air Quality (PSD) provisions of the Clean Air Act (CAA), 42 U
.S .C. §7401 et seq.,
as it
applies to Illinois sources .
2 .
The PSD provisions of the CAA were enacted in 1977 to regulate new major
stationary sources and major modifications to existing sources
. The PSD program applies in
areas in the country that are deemed to be attainment or unclassifiable with respect to national
ambient air quality standards (NAAQS)
. 42 U .S .C. §7471 .
3 .
The Illinois EPA administers the PSD program (40 CFR §52
.21) in Illinois
through a delegation agreement with the United States Environmental Protection Agency
(USEPA)
. PSD involves a preconstruction permitting process
. Under PSD, an applicant for a
major new source or modification must submit a permit application prior to commencing
construction that demonstrates that emissions from the proposed facility will not cause or
contribute to an exceedance of any applicable NAAQS or air quality increment, and that the
proposed facility will employ the Best Available Control Technology for all pollutants for which
the source is major . 40 CFR §52 .21 .
4.
As a result of the delegated program, an appeal of a PSD permit issued in Illinois
is subject to the procedural requirements of the federal regulations at 40 CFR Part 124, which
provide that final permits decisions are automatically stayed for 30 days after issuance
. In a
number of other states, USEPA has approved state programs that do not provide for an automatic
30-day stay, creating a disparity between Illinois' PSD delegated program and those certain other
state PSD programs.
5 .
The sole purpose of the proposed rulemaking was to eliminate the automatic 30-
day stay, thereby removing that particular distinction between Illinois and other states that
currently do not have the automatic stay provision in their respective PSD programs
. The
proposed amendments would make inapplicable those provisions relating to an automatic 30-day
stay after issuance of a final PSD construction permit
. No new emission limitations or
requirements regarding new control devices on affected sources would be imposed
. The
proposal would not otherwise alter nor affect 40 C .F.R. § 52
.21 or 40 C .F.R. Part 124 .
6.
The rule, if adopted, would be subject to approval by USEPA, and could not be
relied upon for PSD permits until USEPA has approved it as part of Illinois' State
Implementation Plan .
7.
However, following the filing of this proposed rulemaking, the Illinois EPA had
occasion to discuss the proposed rulemaking with USEPA
. After taking into consideration the
substance of those subsequent discussions, the Illinois EPA has concluded that at this time the
interests of its PSD program would be best served by a withdrawal of the rulemaking proposal
.
In making this request, the Illinois EPA wishes to make clear its appreciation of the Board's
2
expeditious handling of the proposal, and regrets that the Board's administrative resources were
expended to that end .
8 .
While the proposed rulemaking was submitted to the Board in good faith, further
consideration of the proposal in conjunction with USEPA input has led to the filing of this
Motion .
WHEREFORE, for the reasons set forth above, the Illinois EPA respectfully requests that
the Board grant its Motion to Withdraw Rulemaking Proposal
.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTEC"'ION AGENCY
3
By:
Gina Roccaforte
Assistant Counsel
Division of Legal Counsel
DATED : July 18, 2006
1021 North Grand Avenue East
P. 0. Box 19276
Springfield, IL 62794-9276
217/782-5544
THIS FILING IS SUBMITTED
ON RECYCLED PAPER
STATE OF
ILLINOIS
RECEIVED
)
CLERK'S OFFICE
COUNTY OF SANGAMON
)
SS
JUL 1 8 2006
STATE OF ILLINOIS
Pollution Control Board
CERTIFICATE OF SERVICE
I, the undersigned, an attorney, state that I have served by facsimile the attached
Motion to Withdraw Rulemaking Proposal
upon the following person
:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R . Thompson Center
100 West Randolph St
., Suite 11-500
Chicago, IL 60601-3218
and mailing it by first-class mail from Springfield, Illinois, with sufficient postage affixed
to the following persons
:
SEE ATTACHED SERVICE LIST
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Gina Roccaforte
Assistant Counsel
Division of Legal Counsel
Dated
: July 18, 2006
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
(217) 782-5544
(217) 782-9143 (TDD)
John Knittle
Hearing Officer
Illinois Pollution Control Board
2125 South First Street
Champaign, IL 61820
Gale W. Newton
Hodge Dwyer Zeman
3150 Roland Avenue
Post Office Box 5776
Springfield, IL 62705-5776
N . LaDonna Driver
Illinois Environmental Regulatory Group
3150 Roland Avenue
Post Office Box 5776
Springfield, IL 62705-5776
Vicki Thomas, Executive Director
Claire B . Eberle, Deputy Director
Joint Committee on Administrative Rules
Wm. G. Stratton Office Building
Room 700
Springfield, IL 62706-4700
Kathleen C . Bassi
SchiffHardin LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, IL 60606-6473
William Richardson
Chief Legal Counsel
Illinois Department of Natural Resources
One Natural Resources Way
Springfield, IL 62702-1271
SERVICE LIST06-27
RECEIVED
JUL
1 8 2006
Pollution
STATE
Control
OF
ILLINOIS
Board
TOTAL
P .i07
DATE :
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
DIVISION OF LEGAL COUNSEL
1021 NORTH
SPRINGFIELD,
GRAND AVENUE
ILLINOIS
EAST,
62794-9276POST
OFFICE BOX
IR'MCEIVED
CLERK'S
OFFICE
TELEPHONE (217) 782-5544 FACSIMILE (217) 782-9807
JUL 1 8 2006
-/9/065?
Pollution
STATE OFControl
ILLINOIS
Board
FACSIMILE TRANSMITTAL SHEET
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