ILLINOIS POLLUTION CONTROL BOARD
    March 9, 1989
    IN THE MATTER OF:
    )
    )
    AMEROCK CORPORATION,
    ROCKFORD FACILITY, SITE-
    )
    SPECIFIC RULEMAKING PETITION
    )
    R87—33
    FOR At4ENDMENT TO 35
    ILL. ADM. CODE PART 304,
    )
    SUBPART B
    ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter is before the Board on a February 14, 1989
    motion by petitioner Amerock Corporation. Amerock asks that the
    Board make a determination that an economic impact study (EcIS)
    should not be prepared in this rulemaking. Neither the
    Department of Energy and Natural Resources (ENR) nor any other
    participant has filed a response to Amerock’s motion.
    Amerock filed its petition for site—specific rulemaking on
    August 24, 1987. A merit hearing has been held, and briefs have
    been submitted to the Board. On April 19, 1988, ENR informed the
    Board that it had determined that an EcIS would be undertaken.
    The contract for the preparation of the EcIS has not been issued,
    apparently because ENP is out of funds for this fiscal year for
    preparation of the EcIS. Arnerock now moves the Board to exercise
    its new authority to determine whether an EcIS is necessary, and
    to conclude that an EcIS is not needed in this rulemaking.
    Amerock recognizes that ENR has already made a determination that
    an EcIS is needed, and admits that the Board has previously
    stated that a final determination reached by ENR before December
    31, 1988 is conclusive in that proceeding. See Application of
    Procedural Amendments of P.A. 85—1048 to Newly filed and Pending
    Regulatory Proceedin9s, RES 89—1 (January 5, 1989). However,
    Amerock contends that the recent amendments giving the Board the
    authority and duty to make EcIS determinations were intended to
    expedite rulemakings, and that this intent will be thwarted if
    the Board does not reject ENR’s previous determination that an
    EcIS should be performed. Amerock also points out that it is
    potentially susceptible to enforcement actions while this
    rulemaking is pending. Finally, Arnerock maintains that its
    pending request for a variance (PCB 87—131) may be severely
    jeopardized if action,on the rulemaking cannot be taken in the
    near future.
    The Board shares Arnerock’s frustration that no final action
    can currently be taken on this rulemaking pending receipt of an
    EcIS which has not even been started yet. However, the Board has
    97-457
    —2—
    not changed its position that EcIS determinations made by ENR
    before December 31, 1988 are final. Therefore, Amerock’s motion
    is denied. The Board notes, however, that it clearly has
    authority to make EcIS determinations on all regulatory proposals
    filed after January 1, 1989.
    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
    q~
    day of
    _______________,
    1989, by a vote of
    7-~~’
    ~.
    ~,
    Dorothy M. G4~n, C1er~
    Illinois Pol~ution Control Board
    97—158

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