ORIGINAL
ILLINOIS POLLUTION CONTROL BOARD
DEC
17200k
December
16,
2004
STATE OF ILLtNOISd
Pollution ContrO’ Boa
iN THE MATTER OF:
))
AMENDMENTS TO
35
ILL. ADM. CODE
)
R05-1
1
205,
EMISSIONS REDUCTION MARKET
)
(Air Rulemaking)
SYSTEM, AND
35
ILL. ADM. CODE 211
)
NOTICE OF HEARINGS
DATE,
TIME,
AND PLACE:
JANUARY 27,
2005
1:00
P.M.
JAMES
R.
THOMPSON CENTER
100
WEST RANDOLPH
STREET
ROOM 2-029
CHICAGO,
ILLINOIS 60601
FEBRUARY 22,
2005
10:30 A.M.
JAMES
R.
THOMPSON CENTER
100
WEST RANDOLPH
STREET
ROOM
2-027
CHICAGO,
ILLINOIS 60601
PURPOSE OF
HEARING:
Merit and Economic
ATTENDING BOARD
MEMBERS:
Thomas
E.
Johnson
HEARING OFFICER:
John Knittle
HEARING
OFFICER ORDER
Background
On November 19, 2004, the Illinois Environmental Protection Agency (Agency) filed
a
proposal for rulemaking pursuant to
Sections 9.8, 27 and 28 ofEnvironmental Protection Act
(Act).
415 ILCS 5/9.8,27 and
28 (2002).
The Agency proposes to amend the Board’s air rules,
specifically the rules relating to
Emissions Reduction
Market System (ERMS).
In compliance woli the Ame~icnnswith Disahihucs
Act and other applicable federal and State
laws,
the hearing will
be accessible to individuals with
dwabihties.
Persons requiring auxiharyaids and
services should contact
Dorothy (Juan,
Clerk of the Board, at
100 West Randolph
St., Suite
11500.
Chicago, lllinois 60601, at telephone number 312/814—6931, fax number 3
2/84—3669, or TDD number 312/814—6032, five days p6or to
the
heating.
2
The Agency asserts that revisions to
ERMS are needed because the United States
Environmental Protection Agency (USEPA) is revoking the 1-hour ozone national ambient air
quality standard (NAAQS) effective on June 15, 2005.
Agency Statement ofReasons at 2.
The
Agency asserts that this change will result in less facilities being subject to the rules
and a
corresponding loss of approximately 330 tons ofVOM emissions reductions for each seasonal
allotment period.
Agency Statement ofReasons at 3.
The Agency asserts that this rulemaking is
necessary to ensure that ERMS remains in place in its current form so the required VOM
emissions reductions in the Chicago area is maintained.
Agency Statement ofReasons at 4.
On December 2, 2004, the Board opened a new regulatory docket for this matter, and sent
this proposal to
first notice under the Administrative Procedure Act
(5
ILCS
100/5-5 et seq.
(2002)) without commenting
on the merits of the proposal.
The Board also directed that a
hearing be scheduled on the proposal.
Hearings
Persons
wishing to testify at the first hearing shall prefile the testimony with the Board
and
serve the testimony
on the hearing officer and
all persons on the service list no
later than
January
14,
2005.
Persons
may receive a copy of the service list by contacting the hearing
officer or Nancy Miller at (217) 278-3109.
The parties are directed to
participate in
a
final pre-hearing telephone status
conference
on Friday,
January
14,
2005
at 9:30 a. m.
The petitioner shall initiate the call.
At that time,
the parties must be prepared to disclose witnesses for the hearing, and
address any final pre-
hearing issues.
This hearing will also be held to
fulfill
the requirements of Section 27(b) of the
Environmental Protection Act (Act).
415 ILCS
5/27(b) (2000).
Section
27(b) of the Act
requires the Board to request DCEO (formerly Department of Commerce and
Community
Affairs) to conduct an economic impact study (EcIS)
on certain proposed rules prior to
adoption of those rules.
If DCEO chooses to
conduct the EcIS,
they have 30 to 45
days after
such request to
produce a study of the economic impact of the proposed rules.
The Board
must then make the
EcIS,
or DCEO’s explanation for not conducting the study,
available to
the public at least 20 days before a public hearing on
the economic impact of the proposed
rules.
On December 9,
2004,
the Board
requested that DCEO conduct an economic impact
study
for the above-referenced rulemakings.
In a letter dated April
17,
2003, DCEO stated
that it does not have the financial resources
to perform such analyses or contract a private
vendor for their completion.
DCEO offered the April
17,
2003
letter as its
formal response to
all
current and
future proposed Board rulemakings
and
DCEO’s statutory obligation to
perform an ECIS.
Both letters
are available for review at the Board’s Chicago Office, James
R.
Thompson Center,
100 West Randolph,
Suite
11-500, Chicago, Illinois.
3
IT IS SO ORDERED.
~øhn Kmttfe
7Hearing Officer
Illinois Pollution Control Board
2125 South First Street
Champaign, Illinois 61820
(217) 278-3111
