ILLINOIS POLLUTION CONTROL BOARD
    January 23,
    1992
    IN THE MATTER OF:
    )
    TOXIC AIR CONTAMINANTS LIST
    )
    R90-1(C)
    (35 ILL.
    ADM. CODE 232)
    )
    (Rulemaking)
    ORDER OF THE BOARD
    (by J.C.
    Marlin):
    This
    matter
    is
    before
    the
    Board
    on
    motions
    filed
    by
    the
    Illinois Environmental Regulatory Group
    (IERG)
    and the
    Illinois
    Steel
    Group
    (ISG)
    on
    December
    12,
    1991
    requesting the
    Board
    to
    determine whether
    an economic
    impact statement
    (EcIS)
    should be
    performed in this subdocket.
    The Illinois Department
    of Energy
    and Natural Resources
    (IDENR)
    filed its comments on the necessity
    of
    an
    EcIS
    on
    December
    12,
    1991
    and
    followed
    with
    additional
    comments on January
    16,
    1992.
    The motions request
    the Board to order
    IDENR to prepare
    an
    EcIS as the record presently before the Board considering reporting
    by
    emission
    sources,
    does
    not
    contain
    sufficient
    economic
    information
    concerning
    its
    costs.
    IERG
    argues
    that
    proposed
    reporting requirements are not exempt from the EcIS determination
    requirements
    of the
    Act.
    IERG
    believes, that
    an
    EcIS
    would
    be
    beneficial
    and
    would
    likely
    demonstrate
    the
    high
    cost,
    if
    not
    technical impossibility,
    of the reporting requirement included at
    Section
    232.410
    of
    the
    Board’s
    second
    first
    notice
    opinion
    and
    order.
    IERG
    states that it intends to submit economic information
    to the Board at merit hearings on the reporting requirements.
    The
    ISG motion
    argues that the proposed rule will require
    testing and monitoring of an intensity and detail far in
    excess of
    that
    presently
    required
    by
    the
    Agency
    under
    its
    air
    permit
    programs.
    The ISG states that the proposed reporting requirement
    is
    not
    the
    same
    as that
    in the current air
    rules
    because
    as
    a
    matter of practice, the Agency has only required the identification
    of
    “specified
    air contaminants”,
    and that
    the Agency
    would
    not
    consider toxic air contaminants to be specified air contaminants.
    The ISG states that the proposed rule will require an applicant to
    monitor and sample every single emission and test for the presence
    and amount of all 266 listed toxic air contaminants.
    The ISG also
    argues that there
    is no indication that USEPA will require this
    level of detail as part of its air toxic program.
    The IDENR states that the proposed reporting requirements do
    not impose,
    in and of themselves,
    a significant economic burden as
    they
    are
    “congruent”
    with those
    reporting
    requirements
    already
    required for new permit or permit renewal applications.
    The DENR
    points out that the participants will have ample opportunity to
    supply economic information
    at hearing,
    delineating any
    extreme
    technical difficulties and unreasonable economic costs assoQiated
    129—371

    2
    with the proposed rules.
    At hearing, DENR argues, the Agency will
    also have an opportunity to explain its present practice concerning
    reporting by sources of specified air contaminants.
    The Board begins by pointing out that
    its obligation under
    Section 27 of the Act
    is not to order an EcIS whenever a rule
    is
    determined to have
    an economic cost,
    as some of the participants
    argue,
    but
    to
    exercise
    its
    judgment
    whether
    such
    a
    study
    is
    necessary.
    Factors the Board
    is to consider include:
    “the
    potential
    economic
    impact
    of
    the proposed
    rule,
    the
    potential for consideration of the economic impact absent such
    a
    study,
    the
    extent,
    if
    any,
    the board
    is
    free under
    the
    statute authorizing the
    rule to modify the substance of the
    rule based upon the conclusions of such a study, and any other
    considerations the Board deems appropriate.
    Ill.
    Rev.
    Stat.
    1989,
    ch.
    111 1/2, par.
    1027(a).
    The Board may, prior to the close of the record, order such a study
    be performed if
    a substantial modification or information
    in the
    record indicates
    it would be advisable.”
    Id.
    The Board
    stands by
    the reasoning
    contained
    in
    its second
    first notice opinion and order that just as the Agency’s air permit
    program could not operate without information concerning emissions,
    no toxic air contaminant program could either.
    Indeed, IERG admits
    that reporting may be a desirable precursor to the control phase.
    Though the ISG and IERG protest that the Board-proposed reporting
    requirement, despite its substantial similarity to that presently
    contained in the Board’s air permitting rules,
    (35 Ill. Adm.
    Code
    201.152,
    157) will have an enormous economic impact upon industry,
    this record does not reflect
    it.
    Only the parties’
    briefs have
    suggested that an EcIS
    is necessary.
    The Board notes that it has
    previously
    separated
    the
    proposed reporting
    requirement
    into
    a
    separate subdocket so that its merit could be fully evaluated even
    as the list,
    Docket
    A,
    was being adopted.
    The Board recognizes
    that
    future
    hearings
    on
    the
    proposed rule
    may
    demonstrate
    the
    necessity of preparing an EcIS.
    The Act concedes as much.
    Should
    the
    record
    indicate
    its
    necessity
    the
    Board
    will
    order
    the
    preparation of an EcIS.
    to collect.
    Having made its decision not to require the preparation of an
    EcIS at this time, the Board directs the hearing officer to allow
    testimony regarding the economir~impact of the proposed rule, to be
    presented in at least one hearing.
    It is anticipated that at that
    time,
    the
    Agency
    will
    present
    testimony’ as to how
    its
    current
    permitting process works regarding the collection of this type of
    information.
    It
    is also hoped that ‘the Agency would clarify its
    statements as to whether toxic air contaminants will be considered
    “specified air contaminants” or
    if not, why not.
    129—372

    3
    In conclusion then the Board presently denies the requests to
    Drder the preparation of an economic impact study but directs the
    ~iearingofficer
    to
    schedule
    at
    least
    one hearing regarding the
    ~cononiicsof the proposed reporting requirement.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certi
    that the above Order was adopted on the
    ______
    ~ay
    of
    ,
    ,
    1992, by a vote of
    ~
    £~
    Dorothy M.4~unn,Clerk
    Illinois ~l1ution
    Control Board
    12 9—373

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