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GOVERNOR
Rod R . Blagpjevich
A
G
. Tanner Girard, Ph
.1).
SPRINGFIELD OFFICE
1021 North Grand Ave . East
P.O . Box 19274
Springfield, IL
62794-9274
217-524-8500
FAX 217-524-8508
CHICAGO OFFICE
James Ii . "l hompson ( . . cmcr
1(in Nest Randolph
Suite I i-5011
Chicago_ 111 h06(Il
FAX 312-814-3669
TYY 3 )2-814-6032
WFII Sl l r:
A W
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.ip.hscwrd .t r
ILLINOIS
POLLUTION
CONTROL
BOARD
May 2, 2007
ORIGI\AL
Jack Lavin, Director
Department of Commerce and Economic Opportunity
620 East Adams Street, S-6
Springfield, Illinois 62704
RECEIVEDCLERK'S
OFFICE
MAY 0 4 2007
Pollution
STATE OF
Control
ILLINOISBoard
Re:
Request for Economic Impact Study for
: NO, Emissions from Stationary
Reciprocating Internal Combustion Engines and Turbines
: Amendments to 35
111. Adm. Code Section 201
.146 and Parts 211 and 217, (R07-18)
Dear Director Lavin:
On April 19, 2007, the Board accepted for hearing, and immediately sent to
first notice, a proposal filed by the Illinois Environmental Protection Agency (IEPA)
to amend the Board's air quality regulations
. I am writing to request that your
Department conduct an economic impact study concerning this proposal . The
proposal, filed by the IEPA on April 6, 2007, is intended to reduce intrastate and
interstate transport of nitrogen oxide (NO,)
emissions on an annual basis and on an
ozone season basis by reducing NO, emissions from stationary reciprocating internal
combustion engines and turbines
. These engines and turbines are frequently
associated with gas pipelines.
The IEPA filed this rulemaking under the "fast-track" rulemaking authority
of section 28.5 of the Environmental Protection Act, which contains strict deadlines
for the Board to meet in its rulemaking process
. The Board must hold at least two,
and possibly three, hearings on the proposal
. Additionally, the Board must submit
the proposed amendments to the Joint Committee on Administrative Rules on either
August 14, 2007 or September 3, 2007 (130 or 150 days after the proposal's filing),
depending on whether the Board holds two or three hearings
. The Board has
scheduled hearings in this rulemaking to begin on Ma1J'21, 2007, June 19, 2007, and
July 2, 2007 . The Board respectfully requests that your Department expedite its
determination whether it will conduct an economic impact study on the proposal, and
respond no later than Monday, May 21, 2007
.
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 1LCS 5/27(b) (2004) .
I would greatly appreciate a response from you concerning DCEO's position
on whether it will perform the economic impact study by Monday, May 21, 2007 .
If I, or my staff, can provide you with any additional information, please let
me know
.
Thank you in advance for your prompt response
.
~ue-D
Sincerely,
G. Tanner Girard
Acting Chairman
Pollution Control Board
cc
: Warren Ribley, DCEO
John T. Therriault, Assistant Clerk of the Board

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