ILLINOIS POLLUTION CONTROL BOARD
    January
    9,
    1992
    IN THE
    MATTER
    OF:
    )
    )
    APPLICATION OF CALIFORNIA
    )
    R89-17(C)
    MOTOR VEHICLE CONTROL PROGRAM
    )
    (Rulemaking)
    IN ILLINOIS
    ORDER OF THE BOARD
    (by
    J. Theodore Meyer):
    This matter
    is
    before
    the
    Board
    on
    its
    own
    motion.
    On
    November
    21,
    1991,
    the Board proposed,
    for second first notice,
    rules which would adopt the California Low Emission Vehicle
    (LEV~)
    program
    in
    Illinois.
    The proposed rules were published in the
    Illinois Register on December 13,
    1991,
    at 15 Ill.Reg.
    17863.
    In
    its
    November
    21
    opinion,
    the
    Board
    recognized
    that
    there
    are
    unanswered
    questions
    in
    this
    rulemaking,
    and
    indicated
    its
    willingness
    to hold further hearings.
    The Board
    established
    a
    comment
    period,
    until
    December
    31,
    1991,
    to
    allow
    interested
    participants to comment on the need for additional hearings, what
    subjects might
    be discussed,
    and suggested timeframes
    for these
    hearings.1
    This order is
    in response to those comments.
    The Board received comments from the Illinois Department of
    Energy
    and
    Natural
    Resources
    (ENR)
    (P.C.#36),
    Uno-Ven
    Company
    (P.C.#38),
    the Illinois Petroleum Council
    (P.C.#39
    and #40),
    the
    Chicago Lung Association and the Illinois chapter of the Sierra
    Club
    (P.C.#41
    and
    #46),
    the
    Illinois
    Environmental
    Protection
    Agency
    (Agency)
    (P.C.#42),
    General Motors Corporation
    (P.C.#43),
    the Illinois New Car and Truck Dealers Association
    (P.C.#44), the
    Illinois Manufacturers’ Association
    (IMA)
    (P.C.#45), and Mobil Oil
    Corporation
    (P.C.#47).
    All
    commenters
    except
    the
    Chicago Lung
    Association and the Illinois chapter of the Sierra Club believe
    that further hearings are necessary.
    The Board agrees that further
    merit and economic impact hearings should
    be held.
    The hearing
    officer is directed to schedule hearings, taking the comments
    on
    subjects and locations of hearings into consideration.
    Several commenters asked the Board to formally request that
    ENR prepare an economic impact study
    (EcIS)
    on the proposal.
    On
    May 24,
    1990, the Board asked
    ENR
    to prepare an EcIS on the first
    proposals in this docket.
    (R89—17(A)
    &
    (B).)
    On June 18,
    1990,
    ENR filed a two page “economic impact statement”.
    Subdockets
    (A)
    1
    The Board notes
    that this
    comment
    period,
    which
    is now
    closed, is distinct from the statutory 45-day first notice comment
    period.
    That
    first
    notice
    comment
    period,
    which
    began
    after
    publication in the Illinois Register on December 13, 1991, expires
    on January 27,
    1992.
    129—13
    7

    2
    and
    (B) were dismissed on February 7,
    1991.
    Section
    27(a)
    of
    the
    Environmental
    Protection
    Act
    (Act)
    (Ill.Rev.Stat.
    1989,
    ch.
    111
    1/2,
    par.
    1027(a))
    and
    Part
    102,
    Subpart
    E
    of
    the
    Board’s
    procedural
    rules
    (35
    Ill.Adm.Code
    102.Subpart E) require the Board to determine, within 60 days after
    the Board accepts
    a proposal for hearing, whether an EcIS should
    be conducted.
    The Board finds nothing in the Act or regulations
    which require it to make more than one EcIS determination
    in
    a
    regulatory
    proceeding.
    The Board
    finds
    that
    it satisfied
    its
    statutory obligation to make an EcIS determination on May 24, 1990.
    However, Section 27(a)
    of the Act and 35 I1l.Adm.Code 102.180(b)
    allow the Board,
    at any time prior to the close of the record, to
    determine that an EcIS should be prepared,
    “if the proposal has
    been
    substantially
    modified
    or
    if
    information
    in
    the
    record
    indicates that an (EcIS
    would be advisable.”
    (Ill.Rev.Stat. 1989,
    ch.
    111 1/2, par. 1027(a).)
    Therefore, the Board will consider the
    recent requests that an EcIS be prepared.
    In sum, the commenters who ask that an EelS be prepared voice
    concern about the cost—effectiveness of the California LEV program
    in reducing ozone, the direct and indirect impacts of the program
    on Illinois auto dealers,
    consumers, and industry in general, the
    cost per vehicle, possible lost revenue to the state,
    and other
    economic
    questions.
    These
    commenters
    believe that an
    EelS
    is
    necessary to adequately answer these questions.
    The Board agrees
    that some economic questions remain unanswered.
    However, after
    a
    review of the record, the Board declines to request the preparation
    of
    an
    EcIS.
    The
    record
    already contains
    some
    information
    on
    economic questions,
    and both the Agency and ENR have committed to
    provide additional economic analysis.
    The Board believes that the
    economic
    questions can
    be
    readily explored through the hearing
    process
    and
    through
    written
    comments,
    so
    that
    all
    interested
    participants can submit their views and information.
    In order to
    facilitate
    this
    process,
    the
    hearing
    officer
    is
    directed
    to
    schedule
    at least one hearing solely on the subject of
    economic
    impact.
    All participants are encouraged to participate in these
    hearings to the fullest extent possible, so that the Board may base
    its future decisions in this proceeding on a complete record.
    IT IS SO ORDERED.
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Bo~r~~
    hereby
    c~.r-t4~fythat the above
    Order was adopted
    on
    the
    ~/~-i~-
    day of
    1992, by a vote of
    ~
    ‘lution Control Board
    129—138

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