ILLINOIS POLLUTION CONTROL BOARD
    January
    9,
    1992
    IN THE
    MATTER
    OF:
    )
    )
    AMENDMENTS TO 35
    ILL. ADM.
    )
    R91-35
    CODE SUBTITLE B: AIR
    )
    (Rulemaking)
    POLLUTION PM-1O AMBIENT LIMITS
    )
    AND EPISODE REGULATIONS;
    )
    35 ILL. ADM. CODE 212,
    243
    )
    and 244
    )
    ORDER OF THE BOARD
    (by B.
    Forcade):
    On November 19,
    1991, the Illinois Environmental Protection
    Agency (“Agency”)
    filed this proposal for rulemaking.
    The
    proposal is intended to regulate particulate matter with an
    aerodynamic diameter less than or equal to a nominal 10
    micrometers, which
    is known as PM-iD.
    The proposal represents
    one part of Illinois’ submittal of a complete state
    implementation plan (SIP)
    for the control of PM—b
    emissions.
    Pursuant to Section 189 of the Clean Air Act, as amended in 1990,
    Illinois is to adopt and submit
    its plan by November 15,
    1991.
    This proposal
    is directed at state wide implementation of P14-10
    regulations.
    The Board is currently considering a proposal to
    control P14-10 in the McCook and Lake Calumet areas
    in Cook County
    and the Granite City area in Madison County
    (R91—22).
    Also,
    the
    Board has completed a regulation to control PM-la in the Oglesby
    area in LaSalle County,
    in docket R91-6.
    The Board accepted the
    proposal for hearing on November 27,
    1991.
    On that same date,
    the Board also accepted the Agency’s certification that this
    rulemaking is federally required pursuant to 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.
    Section 27 of the Act requires that the Board make a
    determination as to whether an economic impact study should be
    conducted within 60 days of the date the Board accepts
    a proposal
    for hearing.
    Section 27(a)
    of the Act directs the Board to consider
    various factors and also allows the Board to reconsider the need
    for an economic impact study at a later point in the proceeding.
    The Board shall reach its decision
    based on its assessment of the potential
    economic impact of the rule, the potential
    for consideration of the economic impact
    absent such
    a study, the extent,
    if any, to
    which the Board is free under the statute
    authorizing the rule to modify the substance
    129—249
    2
    of the rule based upon the conclusions of
    such a study,
    and any other considerations
    the Board deems appropriate.
    However, at any time. prior to the close of
    the record during the rulemaking proceeding,
    the Board may determine that an economic
    impact study should be prepared,
    if the
    proposal has been substantially modified or
    if in~formationin the record indicates that
    an economic impact study would be advisable.
    If the Board determines that an economic
    impact study should be conducted, the
    Department shall prepare an economic impact
    study in accordance with “An Act in relation
    to natural resource, research, data
    collection and environmental studies”,
    approved July 14,
    1978, as amended.
    Section
    27(a) of the Act.
    The Agency stated in its proposal that the rules are the
    result of a negotiated rulemaking endeavor between industry, the
    United States Environmental Protection Agency, and the Agency.
    Further, the Agency stated that “the willingness of the affected
    facilities to agree to the regulatory language contained herein
    demonstrates that the revisions are both technically feasible and
    economically reasonable.”
    (Ag.Req.
    p.
    2).
    Therefore, the Agency
    requests that no economic impact study be prepared.
    The Department of Energy and Natural Resources
    (“DENR”)
    filed comments on December 9,
    1991,
    as to whether an economic
    impact study would be advisable in this rulemaking.
    DENR
    “believes that a formal economic impact study is not required”.
    (P.C.
    2 p.
    2).
    No other comments regarding the need for an
    economic impact study have been received at this time.
    The Agency and DENR have agreed that an economic impact
    ‘study need not be prepared at this time.
    In addition, the Board
    has not received any comments requesting an economic impact study
    be prepared.
    The Board believes that sufficient economic and
    technical information will be provided in this proceeding without
    the need for a formal economic impact study.
    Therefore,
    the
    Board determines that an economic impact study need not be
    prepared at this time.
    IT
    IS SO ORDERED.
    129—250
    3
    I,
    Dorothy
    N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board~dohereby cef~ifythat the above Order was adopted on the
    _________
    day of
    -z-r~-’-~-1
    ,
    1992,
    by a vote of
    —
    0-I
    Dorothy
    Illinois
    I
    Control Board
    129—25
    1

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