ILLINOIS POLLUTION CONTROL BOARD
    February 28,
    1991
    IN THE MATTER OF
    :
    )
    PM-1O EMISSION LIMITS FOR THE
    )
    PORTLAND CEMENT MANUFACTURING
    )
    R91-6
    PLANT AND ASSOCIATED QUARRY
    )
    (Rulemaking)
    OPERATIONS LOCATED SOUTH OF
    )
    THE ILLINOIS RIVER IN
    LASALLE COUNTY,
    ILLINOIS.
    )
    ORDER OF THE
    BOARD
    by
    (B. Forcade):
    This matter comes before the Board on a Request for
    Determination that an Economic Impact Study Not Be Prepared filed
    on January
    10, 1991 by the Illinois Environmental Protection
    Agency
    (“Agency”).
    The request was filed as Exhibit
    #9
    in
    connection with the Agency’s filing of the above—captioned
    regulatory proposal.
    On February 15,
    1991,
    the Department of
    Energy and Natural Resources
    (“DENR”) filed its comments
    in
    support of the Agency’s request.
    Section 27 of the Environmental Protection Act (“Act”)
    requires that, within 60 days
    of the Board’s acceptance of a
    regulatory proposal, the Board make a determination on whether an
    EelS should be conducted.
    Section 27(a) directs the Board to consider various factors
    and also allows the Board to reconsider
    the need for an EelS at a
    later point
    in the proceeding.
    ...The Board shall
    reach its decision based on its
    assessment of the potential economic
    impact of the
    rule,
    the potential
    for consideration of the
    economic impact absent such a study,
    the extent,
    if
    any,
    to which the Board
    is free under
    the statute
    authorizing the rule to modify the substance of the
    rule based upon the conclusions of such
    a study,
    and any other considerations the Board deems
    appropriate....
    However,
    at any time prior
    to the close of the
    record during the rulemaking proceeding, the Board
    may determine that an economic impact study should
    be prepared,
    if
    the proposal has been substantially
    modified or
    if information in the record indicates
    that an economic impact study would be advisable.
    If the Board determines that an economic impact
    study should be conducted,
    the Department shall
    prepare an economic impact study
    in accordance with
    “An Act
    in relation to natural resources,
    research,
    data collection and environmental studies”,
    approved July
    14,
    1978,
    as amended.
    Section 27(a) of the Act.
    119—221
    —2—
    In its request,
    the Agency states that the subject proposal
    applies only to the cement plant and quarry operations of Lone
    Star Industries,
    Inc.
    (“Lone Star”)
    in Oglesby, LaSalle County,
    Illinois, and that Lone Star has already undertaken a plant
    modernization program consistent with the proposal.
    The proposed
    regulatory changes would amend Part 212, Visible and Particulate
    Matter
    Ernisions,
    35
    Ill. Mm. Code 212.108, 212.423, and 212.424,
    and Part 211, Definitions and General Provisions,
    35
    Ill.
    Adm.
    Code 211.122.
    The Agency also has submitted the Agency Analyses
    of Economic and Budgetary Effects of Proposed Rulemaking for
    Parts
    211 and 212.
    The Agency indicated that Lone Star would be
    the only facility to incur costs as a result of the regulatory
    changes.
    Lone Star’s costs were reported as follows:
    (1)
    New Roller Mill/all added stack heights
    =
    $21,000,000
    (2)
    Stack Tests
    =
    5 tests
    x $6,000
    =
    $30,000/year
    (One
    Test/Emission Source for
    5 Sources)
    (3)
    Fence Lines
    =
    $100,000 installation
    +$2,000 Repair/Maintenance/year
    (4)
    IC Loadout paving
    =
    $30,000 installation
    +$5,000 Repair/Maintenance/year
    (5)
    Kiln Dust pneumatic conveying system
    =
    $350,000 installation
    +$lO,000 Repair/Main./yea
    (6)
    Fugitive Dust Control at Quarry
    =
    $41,000/year
    (Watering Haul road
    & Chemical spraying)
    (7)
    Record Keeping/Reporting
    =
    $45,000/year
    (1 salaried person)
    See Agency Analysis of Economic and Budgetary Effects of
    Proposed Rulemaking for
    35 Ill. Adm. Code 212.108,
    212.423
    and 212.424.
    DENR filed its comments agreeing with the Agency that a
    formal economic impact study is not appropriate
    in this
    proceeding.
    DENR states that the proposal would regulate
    fugitive dust sources at the Lone Star facility alone and that
    Lone Star has already agreed to make the necessary changes and
    comply with the proposed emission limits and control measures.
    DENR notes that the project
    is anticipated to be completed in
    January,
    1991.
    The anticipated economic impact of the proposed rulemaking
    clearly appears limited to Lone Star, and that impact
    is
    described in sufficient economic detail.
    Furthermore,
    the
    affected facility is already undertaking the required expenses
    and completion may be imminent.
    The Board finds that no EelS
    should be performed
    in this proceeding at this time.
    The
    119—222
    —3—
    Board orders that any supplemental economic information which may
    be needed shall be provided by Lone Star at the Merit Hearings,
    or as otherwise specified and directed by Hearing Officer or
    Board Order.
    IT IS SO ORDERED.
    I Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify j,hat the above Order was adopted on
    the
    ~
    day of
    ~
    ,
    1991, by a vote
    of
    ~.—e
    •
    I
    Dorothy M~7Gunn,Clerk
    Illinois P’ollution Control Board
    119—223

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