ILLINOIS POLLUTION CONTROL BOARD
October
10,
1991
IN THE MATTER OF:
)
)
PM-10 EMISSION LIMITS FOR THE
)
McCOOK
AND
LAKE CALUMET AREAS
)
OF
COOK COUNTY, ILLINOIS,
AND
)
R91-22
THE GRANITE CITY AREA OF
)
(Rulemaking)
MADISON COUNTY, ILLINOIS:
AMENDMENTS TO 35 ILL.ADM.CODE
)
PARTS 211
AND
212
)
ORDER OF THE BOARD
(by J. Theodore Meyer):
On August
19,
1991,
the
Illinois Environmental
Protection
Agency
(Agency)
filed this proposal for rulemaking.
The proposal
is
intended to regulate particulate matter with
an
aerodynamic
diameter less than or equal
to a nominal 10 micrometers, which
is
known
as PM-b.
The proposal
represents one part
of
Illinois’
submittal of
a complete state implementation plan
(SIP)
for the
control of PM—b
emissions.
Pursuant to Section 189 of the Clean
Air Act,
as amended in 1990,
Illinois is to adopt and submit
its
plan by November
15,
1991.
This proposal
is
directed
at
the
McCook and Lake Calumet areas
in Cook County,
and to the Granite
City area in Madison County.
The Board accepted the proposal for
hearing
on August
22,
1991,
and,
without
taking
a
substantive
position
on the proposal,
sent
the proposal
to
first
notice
on
August
26,
1991.
The proposal
was
published
in
the
Illinois
Register on September 20,
1991,
at 15 Il1.Reg.
13627.
This
proposal
has
been
certified
by
the
Agency
to
be
a
“required rule”,
as provided in Section 28.2 of the Environmental
Protection Act
(Act)
(Ill.Rev..Stat.
1989,
ch. 111 1/2, par. 1028.2,
as amended by
P.A.
86-1409,
effective January
1,
1991),
and the
Board has accepted that certification.
Section 28.2(c)
requires
that the Board determine whether an economic impact study
(EcIS)
should beprepared on the proposal.
In making this determination,
the Board
is consider the potential economic impact of the rule,
the potential for consideration of the economic impact without an
EcIS,
the
extent,
if
any,
to which
the
Board
may modify
the
substance of the rule based upon the conclusions of
a
study,
and
1
As
the
Board
stated
in
its
previous
orders
in
this
proceeding,
it is literally impossible to meet the November
15,
1991
aead1in~
with
a
final
rule,
~ue
to
the August
1991
filing
of
the
proposal and statutorily mandated
notice,
publication,
and
comment requirements
The rule cannot possibly be completed before
late
December
1991,
at
the
earliest,
and
even
this
date
is
jeopardized by the Agency’s amendments to the proposal.
However,
the
Board
will
proceed
with
this
docket
as
expeditiously
as
possible..
126—513
statutory deadlines for promulgation of the rule.
Section 28.2 and
35 Ill.Adm.Code 102.182.
In
its
proposal,
the
Agency
asked
that
an
EcIS
not
be
prepared.
The Agency
notes
that
these
proposed
rules
have
a
federal deadline of November 15, 1991.
The Agency also points out
that the record in this proceeding includes
a report prepared by
the Department of Energy and Natural Resources
(ENR),
describing
its investigation into the economic impact of the proposed rules.
(Agency proposal,
Ex.
G.)
The Agency contends that in light of
ENR’s efforts, and the commitments of affected facilities to take
“appropr)..ate” measures to achieve compliance, no EcIS is necessary.
The Agency maintains that compliance with the proposed rules
is
economically feasible.
On
September
12,
1991,
ENR
filed
its
comments
on
the
appropriateness of an EcIS
in this proceeding.
(P.C #1.)
ENR
believes that a formal EcIS is not necessary.
ENR states that an
analysis of the direct costs of PM—l.0 controls, as well as control
efficiency
levels
for
affected
facilities
was
included
in
the
Agency’s
proposal.
(Ex.
G.)
Attached to
ENR’s
comment
is
an
additional
study, prepared for ENR by RCF,
Inc.,
which considers
the indirect costs
as well
as the environmental benefits of the
proposed regulations.
ENR also states that additional information
will be
submitted
to
update
the
two
reports
after
the Agenc~
proposes
the
remaining
rules
for
the
Granite
City
area.
Therefore,
ENR contends that economic impact information is being
provided
for
this
proceeding,
and
that
a
formal
EcIS
is
not
necessary.
The Board agrees with the Agency and ENR that no EcIS should
be prepared in this proceeding.
The Board notes that the record
currently contains more economic information than usually exists
at this point
in
a regulatory proceeding,
and believes that both
existing and new information can be explored in the hearing process
and in written comments.
Additionally, given the tight timefraine
in this rulemaking, the Board finds that it
is not appropriate to
request an EcIS.
The Board will,
of course, consider the economic
impact of this proposal.
See Section 28.2(d).
IT IS SO ORDERED.
2
The Board notes that the Agency filed a motion to amend its
proposal
on
September
30,
1991.
That
amendment
includes
the
additional proposed rules for the Granite City area.
126—514
3
I, Dorothy N.
Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby
certify that the
above
Order
was adopt~ on
the
/~
day
of
_______________,
1991,
by
a
vote
of
7
~O.
~___
Dorothy N. Øunn,
Clerk
Illinois Pq~lutionControl Board
126—515