ILLINOIS POLLUTION CONTROL BOARD

March 14,

1991

IN THE MATTER OF:

)

PROPOSED EXCEPTION TO 35 ILL.

)

R90-23

ADM. CODE 216.381 FOR FERROUS

)

(Rulemaking)

FOUNDRIES IN VERMILION COUNTY

ORDER OF THE BOARD by

(B. Forcade):

This matter comes before the Board on an Amended Petition

filed on

Decenther 21,

1990 by General Motors Corporation

(“GM”),

requesting site specific relief from the Board’s regulation

limiting carbon monoxide emissions from cupolas used

in

manufacturing nietal products.

35 Ill. Mm.

Code 216.381.

The

petition was accepted for hearing on January

10, 1991.

Section

27 of

the Environmental Protection Act

(“Act”)

requires that the Board make a determination on whether an EcIS

should be conducted.

Section

27(a)

directs the Board to consider various factors

and also allows the Board to reconsider the need for an EcIS 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 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 information in 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

resources,

research, data

collection and environmental studies”,

approved July 14, 1978,

as amended.

Section 27(a)

of the Act.

The Department

of Energy and Natural Resources (“DENR”)

has

not filed comments on whether an EcIS would be advisable under

120—207

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—2—

the circumstances of this proposed rulemaking.

DENR has

indicated that

it will not file comments on this

issue, but that

it does not intend this action to preclude its further

participation

in the rulemaking.

The Board notes that DENR has

participated already in this rulemaking by the participation of

Bill Denham of DENR at the tour of the facility on March

7,

1991.

See Hearing Officer Order of February

21,

1991.

The Board

agrees that DENR may continue to participate in this rulemaking

and invites DENR to file comments, particularly

if DENR has

information on similar facilities

in the state.

GM asserts that the anticipated economic impact of the

proposed rulemaking is limited to GM’s facility, which

is the

only ferrous foundry in Vermilion County.

A cursory indication

of the possible limited economic impact

is found

in GM’s

responses to the Analysis of Economic and Budgetary Effects

Questionnaire.

While the Board finds

that the filings to date

lack sufficient detail for the Board to evaluate the economic

impact of granting or denying the request for relief, the Board

finds that no EelS should be performed at this time.

The Board

orders that supplemental economic information be provided by GM

at the Merit Hearings,

or as otherwise specified and directed by

Hearing Officer or Board Order.

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

77)a-t..c4,

,

1991,

by a vote

of

7—i,

~

Dorothy M. ~4inn,Cler

Illinois P(Jlution Control Board

120—208