GOVERNOR
Rod R. Blagojevich
CHAIRMAN
G . Tanner Girard, Ph .D .
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 R
. Thompson Center
100
suite;1-500West
RAndolph
Chicago ;9L 60601
312-814-3620
FAX 312-814-3669
TYY 312-8146032
WEB SITE
www.ipcb .state.il
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ILLINOIS POLLUTION CONTROL
BOARD
ORIGINAL
R
CLERKECEI
'S OFFICE
VED
MAY 1 U 2006
Pollution
STATE
OControlBoard
May 10; 2006
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 New 35 III . Adm. Code
225; Control of Emissions from Large Combustion Sources
(R06-25)
Dear Director Lavin :
On May 4, 2006, the Pollution Control Board (Board), in response to a
preliminary injunction issued by the Sangamon County Circuit Court (Dvnegy
Midwest Generation, Inc ., Kincaid Generation,L.L.C.,and
Midwest Generation,
L.L.C . v. PCB and [EPA,
No 2006-CH-213), determined that the Board should
proceed with a second first-notice in Proposed New 35 Ill
. Adm. Code 225 ; Control
of Emissions from Large Combustion Sources (Mercury)
(R06-25) . This
rulemaking, filed by the Illinois Environmental Protection Agency (IEPA) on March
14, 2006, seeks to add a new Part 225 to the Board's air regulations
. The new Part
225 would require Illinois coal-fired electrical generating units (EGUs), which serve
a generator greater than 25 megawatts producing electricity for sale, to begin to
utilize control technology for mercury to meet the standards established in the
proposed rule beginning July 1, 2009
.
This is the Board's second request for an economic impact study for this
rulemaking
. The Board withdrew its original first-notice proposal which appeared in
the March 31, 2006 Illinois Register (30 Ill
. Reg. 5957) as a further response to the
preliminary injunction .
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) .
The Board has filed this proposal for first notice publication in the
Illinois
Register, and has scheduled hearings for June 12, 2006 and August 14, 2006. I
would greatly appreciate a response from you concerning DCEO's position on
whether it will perform the economic impact study as soon as is possible
.
If 1, or my staff, can provide you with any additional information, please let
me know.
Thank you for your early response .
Sincerely,
G. Tanner Girard
Acting Chairman
Pollution Control Board
Cc : Warren Ribley, DCEO
Dorothy M . Gunn, Clerk of the Board
Erin Conley, Rules Coordinator
