ILLINOIS POLLUTION CONTROL BOARD
March 14,
1991
IN THE MATTER OF:
)
PROPOSED EXCEPTION TO 35 ILL.
)
R90-23
ADM. CODE 216.381 FOR FERROUS
)
(Rulemaking)
FOUNDRIES IN VERMILION COUNTY
ORDER OF THE BOARD by
(B. Forcade):
This matter comes before the Board on an Amended Petition
filed on
Decenther 21,
1990 by General Motors Corporation
(“GM”),
requesting site specific relief from the Board’s regulation
limiting carbon monoxide emissions from cupolas used
in
manufacturing nietal products.
35 Ill. Mm.
Code 216.381.
The
petition was accepted for hearing on January
10, 1991.
Section
27 of
the Environmental Protection Act
(“Act”)
requires that the Board make a determination on whether an EcIS
should be conducted.
Section
27(a)
directs the Board to consider various factors
and also allows the Board to reconsider the need for an EcIS 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.
The Department
of Energy and Natural Resources (“DENR”)
has
not filed comments on whether an EcIS would be advisable under
120—207
—2—
the circumstances of this proposed rulemaking.
DENR has
indicated that
it will not file comments on this
issue, but that
it does not intend this action to preclude its further
participation
in the rulemaking.
The Board notes that DENR has
participated already in this rulemaking by the participation of
Bill Denham of DENR at the tour of the facility on March
7,
1991.
See Hearing Officer Order of February
21,
1991.
The Board
agrees that DENR may continue to participate in this rulemaking
and invites DENR to file comments, particularly
if DENR has
information on similar facilities
in the state.
GM asserts that the anticipated economic impact of the
proposed rulemaking is limited to GM’s facility, which
is the
only ferrous foundry in Vermilion County.
A cursory indication
of the possible limited economic impact
is found
in GM’s
responses to the Analysis of Economic and Budgetary Effects
Questionnaire.
While the Board finds
that the filings to date
lack sufficient detail for the Board to evaluate the economic
impact of granting or denying the request for relief, the Board
finds that no EelS should be performed at this time.
The Board
orders that supplemental economic information be provided by GM
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 that the above Order was adopted on
the /~~day of
77)a-t..c4,
,
1991,
by a vote
of
7—i,
~
Dorothy M. ~4inn,Cler
Illinois P(Jlution Control Board
120—208