ILLINOIS POLLUTION CONTROL BOARD
    March 28,
    1991
    IN THE MATTER OF:
    )
    RACT DEFICIENCIES IN THE
    METRO-EAST AREA:
    AMENDMENTS
    )
    R91-8
    TO 35 ILL.ADM.CODE PART 215
    )
    (Rulemaking)
    AND THE ADDITION OF PART 219
    ORDER OF THE BOARD
    (by J. Theodore Meyer):
    On
    January
    17,
    1991,
    the Illinois Environmental Protection
    Agency
    (Agency)
    filed this proposal for rulemaking.
    The proposal
    seeks
    to
    correct
    deficiencies
    identified
    by
    the United
    States
    Environmental Protection Agency in Illinois’ state implementation
    plan
    (SIP)
    for
    ozone
    for
    the
    Metro—East
    area,
    and
    contains
    regulations requiring the implementation
    of
    reasonably
    available
    control technology
    (RACT)
    for certain sources of volatile organic
    material
    (VOM).
    The proposal was accepted for hearing on February
    7,
    1991.
    The Board, without taking a substantive position on the
    proposal,
    sent the proposal to first notice on February 28,
    1991.
    This
    proposal
    has
    been
    certified
    by
    the
    Agency
    to
    be
    a
    “required rule”,
    as provided in Section 28.2 of the Environmental
    Protection Act (Act)
    (Ill.Rev.Stat. 1989,
    ch. 111 1/2, par. 1028.2,
    as amended by P.A.
    86-1409,
    effective January
    1,
    1991),
    and the
    Board has accepted that certification.
    Section 28.2(c)
    requires
    that the Board determine whether an economic impact study
    (EcIS)
    should be prepared on the proposal.
    In making this determination,
    the Board is to consider the potential economic impact of the rule,
    the potential for consideration of the economic impact without
    an
    EcIS,
    the
    extent,
    if
    any,
    to
    which
    the
    Board
    may
    modify
    the
    substance of the rule based upon the conclusions of
    a study,
    and
    statutory deadlines for promulgation
    of the rule.
    (Section 28.2
    and 35 Iil.Adm.Code 102.182.)
    In
    its
    proposal,
    the
    Agency
    asked
    that
    an
    EcIS
    not
    be
    prepared.
    The Agency states that the proposed rules are identical
    in effect to rules already in effect at the federal level for the
    Chicago area, and that these rules represent RACT in Illinois.
    The
    Agency
    maintains that the Clean Air Act and the 1990 amendments
    require Illinois to adopt approvable RACT requirements, and that
    USEPA will adopt RACT rules if Illinois does not.
    The Agency also
    points out that its proposal contains documentation describing the
    Agency’s investigation into the economic impact of these proposed
    rules,
    and
    contends
    that
    no
    further
    economic
    impact
    study
    is
    necessary.
    The Department
    of
    Energy and Natural Resources
    (ENR)
    did not file a recommendation.
    The Board
    agrees
    with
    the Agency
    that
    no
    EcIS
    should
    be
    120—471
    2
    prepared in this proceeding.
    The Board believes that the question
    of
    economic
    impact
    can
    be
    adequately
    explored
    in
    the
    hearing
    process
    and through written comments.
    Additionally,
    given the
    tight time frames in this rulemaking,
    the Board
    finds that it
    is
    not appropriate to request an EcIS.
    The Board will,
    of course,
    consider
    the
    economic
    impact
    of
    this
    proposal
    to
    the
    extent
    possible, consistent with Section 28.2(b).
    (See Section28.2(d).,)
    Finally,
    on March
    18,
    1991,
    the Agency
    filed
    a motion
    to
    correct the proposal and response
    to Board order
    regarding the
    incorporations
    by
    reference.
    The Agency
    seeks
    to
    delete
    the
    reference in the table of contents to sections 219.127 and 219.128.
    Those references were included inadvertently, and there is no text
    corresponding to those section numbers.
    Additionally, the Agency
    asks to substitute corrected exhibits
    5,
    8,
    14, -and 17 for those
    exhibits submitted with the proposal.
    The Aqency states that
    it
    has made a number of changes which will make the documents,
    which
    are
    testimony
    in
    support
    of
    the
    proposal,
    clearer
    and
    more
    accurate.
    The Agency also asks the Board to accept Attachment A
    as
    its
    response
    to
    the
    Board’s
    February
    7
    order
    regarding
    incorporations by reference.
    The Agency’s motions are granted.
    The Board
    specifically points
    out to all participants
    that the
    substituted
    exhibits
    contain
    testimony
    for
    the April
    15.
    1991
    hearing in this proceeding.
    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
    ______
    day of
    ~~-t~_,L.J
    ,
    1991,
    by a vote of
    7-~~
    ,~
    ,~z1
    ,~.
    /4_I
    Dorothy N. ,4unn, Cle±k
    Illinois P~lutionControl Board
    120—472

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