ILLINOIS POLLUTION CONTROL BOARD
    August 4, 2006
    IN THE MATTER OF:
    AMENDMENTS TO 35 ILL. ADM. CODE
    201 (NEW SECTION 201.501 PSD
    CONSTRUCTION PERMITS)
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    R06-27
    (Rulemaking - Air)
    ORDER OF THE BOARD (by T.E. Johnson):
    On June 20, 2006, the Illinois Environmental Protection Agency (Agency) filed a
    proposal for rulemaking pursuant to Sections 27 and 28 of the Illinois Environmental Protection
    Act (415 ILCS 5/9.8, 27 and 28 (2004)). The Agency proposes the addition of a section to the
    air regulations that would eliminate an automatic 30-day stay of the effectiveness of prevention
    of significant deterioration of air quality (PSD) permits. Concurrent with the proposal, the
    Agency filed a motion for expedited review and for a special meeting.
    On June 22, 2006, the Board accepted the Agency’s proposal for hearing and granted the
    motion for expedited consideration. In that order, the Board sent this matter to first notice
    without commenting on the merits of the proposal.
    On July 18, 2006, the Agency filed a motion to withdraw the rulemaking proposal. In the
    motion, the Agency asserts that following the filing of this proposed rulemaking it had occasion
    to discuss the proposed rulemaking with the United States Environmental Protection Agency
    (USEPA), and has concluded that at this time, the interests of its PSD program would be best
    served by a withdrawal of the rulemaking proposal. Mot. at 2. The Agency states that it wishes
    to make clear its appreciation of the Board’s expeditious handling of the proposal, and regrets
    that the Board’s administrative resources were expended to that end. Mot. at 2-3. The Agency
    contends that 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 the
    motion, and requests that the Board grant the motion to withdraw. Mot. at 3.
    Motion practice in regulatory proceedings is governed by 35 Ill. Adm. Code 101.
    See
    35
    Ill. Adm. Code 102.402. If no response to a motion is filed within 14 days, objection to granting
    that motion will be deemed waived.
    See
    35 Ill. Adm. Code 101.500(d). To date, no responses to
    the motion to withdraw have been filed. Accordingly, the Board grants the motion to withdraw
    the rulemaking proposal. The Board hereby dismisses the proposal and closes the docket.
    IT IS SO ORDERED.
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on August 4, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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