ILLINOIS
POLLUTION
CONTROL
BoAIu
-
CEilV
September
18,
2008
CLERK’S
OFFICE
SEP
18
201)8
Jack
Lavin,
Director
Department
of
Commerce
and
Economic
Opportunity
620
East
Adams
Street,
S-6
Springfield,
Illinois
62704
Re:
Request
for
Economic
Impact
Study
for:
Proposed
Site
Specific
Rule
for
City
of
Springfield,
Illinois,
Office
of
Public
Utilities,
City
Water, Light
and
Power
and
Springfield
Metro
Sanitary
District
from
35
Ill.
Adm.
Code
302.208(g):
New
35
III.
Adm.
Code
303.446
R09-8
Dear
Director
Lavin:
On
September
16,
2008,
the
Board
accepted
for
hearing
a
rulemaking
entitled:
Qposed
Site
Specific
Rule
for
City
of
Springfiçld,
Illinois,
Offiqç_o.
Public
Utilities,
City
Water.
Light
and
Power
and
Springfield
Metro
Sanitai
District
from
35
ifi.
AdnL
Code
302.208(g):
New
35
111.
Adm.
Code 303.446.
f
am
writing
to
request
that
your
Department
conduct an
economic
impact
study
concerning
this
proposal.
The
proposal
filed
by
City
of
Springfield,
Office of
Public
Utilities, City
Water,
Light
and
Power
and
Springfield
Metro
Sanitary
District,
seeks
to
establish
an
alternative
water
quality
standard
for
boron
from
the
discharge
point
at
the
Spring
Creek
Sanitary
Treatment
Plant
(Spring
Creek
STP)
to
the
Sangamon
River
to
its
confluence
with
the
Illinois
River
and
100
yards
downstream
from
the
confluence
in
the
Illinois
River.
The
Board
is
in
[lie
process
of
scheduling
initial hearings
in
this
rulemaking,
and
expects
to
hid
them
within
the
next
60
days.
Although
there
is
no
decision
deadline
in
this
rulemaking,
the
Board
granted
a
request
to
expedite
the
review
of
the
rule.
Therefore,
the
Board
has
proceeded
to
first
notice
under
the
Illinois
Administrative
Procedure
Act
(5
ILCS 100/5
et.
seq.
(2006))
and
asks
that
you
respond
to
this
request as
soon
as
you
conveniently
can.
The
alternative
water
quality
standard
is
requested
to
allow
the
District
tu
accept
a
pretreated
industrial
effluent
stream
from
CWLP’s
power
station.
The
operation
of air
pollution
equipment
at
CWLP’s
power
plant
causes elevated
concentrations
of
boron
in
the
effluent
that
is
proposed
to
be
sent
to
the
Spring
Creek
STP.
CWJ
P’s
power
plant
is
a
critical
power
supplier
for
the
City
and
surrounding
communities
and
the
alternative
water
quality
standard
is
necessary
to
enable
CWLP
to
operate
the
power
plant
in
compliance
with
CWLP’s
national
pollutant
distharge
elimination
system
(NPDES)
permit.
STATE
OF
ILLINOIS
Pollution
Control
Board
GOVERNOR
Rod
R.
Bljeyich
CflAUMAN
G.
Taiihr’Girard,
Ph.D.
•
•*
I
SPRINGEIELDOFF1CE4
I
1Q21
Nqtt,nd
Ave.
Easi
I
ROBotI9274
Sp’ringfield,
IJY
.
62794.9274
217-524.8500.
FAX
21
7-524-808
I
•
cmcAGo,OFFrCE.
1arnR.
ThornSon
Center
100
West
.ndo1ph’
Suit-500
6060’1
2
The
proposal
states
that
treatment
of
the effluent
to
meet
the general
use
water
quality
standard
for
boron
is neither
technically
feasible
nor
economically
reasonable
and
alternatives
to the
site-
specific
rule
would
have
a significant
economic
impact
on CWLP
and
the
customers
of
CWLP.
Since
1998,
Section
27 (b)
of the
Environmental
Protection
Act
has
required
the
Board
to:
1)
request
that
the
Department
of Commerce
and
Economic
Opportunity
(formerly
the
Department
of
Commerce
and
Community
Affairs)
conduct
a
study
of
the economic
impact
of
the
proposed
rules.
The
Department
may
within
30
to
45
days
of such
request
produce
a
study
of
the
economic
impact
of
the proposed
rules.
At a
minimum,
the
economic
impact
study
shall
address
a) economic,
environmental,
and
public
health
benefits
that
may
be achieved
through
compliance
with the
proposed
rules,
b)
the
effects
of the
proposed
rules
on
employment
levels,
commercial
productivity,
the economic
growth
of
small businesses with
100
or less
employees,
and the
State’s
overall
economy,
and
c) the
cost
per unit
of
pollution
reduced
and
the
variability
of company
revenues
expected
to
be
used to
implement
the
proposed
rules; and
(2)
conduct
at least
one
public
hearing
on the
economic
impact
of
those
rules.
At
least
20 days
before
the
hearing,
the
Board
shall
notify
the
public
of the
hearing
and
make
the economic
impact
study,
or
the
Department
of
Commerce
and
Economic
Opportunity’s
explanation
for not
producing
an
economic
impact
study, available
to
the
public.
Such
public
hearing
may
be
held
simultaneously
or as a
part of
any Board
hearing
considering
such
new
rules.
415
ILCS
5/27(b)
(2004).
If I,
or my
staff, can
provide
you
with
any
additional
information,
please
let
me
know.
Thank
you
in
advance
for
your
prompt
response.
Sincerely,
G. Tanner
Girard,
Acting
Chairman
Pollution
Control
Board
Warren
Ribley,
DCEO
John
T.
Therriault,
Assistant
Clerk