ILLINOIS POLLUTION CONTROL BOARD

March 28,

1991

IN THE MATTER

OF:

RACT DEFICIENCIES

IN THE

)

CHICAGO AREA:

AMENDMENTS

)

R91-7

TO

35 ILL.ADM.CODE PART 215

)

(Rulemaking)

AND THE ADDITION OF

PART

218

)

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 Chicago 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 Ill.Adm.Code 102.182.)

In

its

proposal,

the

Agency

asked

that

an

EcIS

not

be

prepared.

The Agency states that because the proposed rules are

identical

in

effect to

rules

already

in

effect

at

the

federal

level,

there

is no economic impact from this rulemaking

itself.

The Department of Energy and Natural Resources (ENR) also believes

that a formal

EcIS is not appropriate

for this proceeding.

ENR

notes

that

the

proposed

rules

are

identical

in

substance

to

applicable

federal law

so that no

further economic

impact will

result.

ENR also points out that Illinois must promulgate RACT

rules by May 15, 1991, and states that there is no way to complete

a credible EcIS in such a short time period.

ENR suggests that the

Board would be better served by addressing economic issues at the

merit hearings for this proceeding.

(P.C.

#1.)

120—469

---

2

The Board agrees with the Agency and ENR that no EcIS should

be

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 agrees 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 Section 28.2(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 218.127 and 218.128.

Those references were included inadvertently, and there is

rio text

corresponding to those section numbers.

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.

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

_______________,

1991, by a vote of

~

Control Board

120—470