ILLINOIS POLLUTION CONTROL BOARD
    March 28, 1991
    IN THE MATTER OF:
    )
    PETITION OF DM1,
    INC. FOR
    )
    R91-9
    SITE SPECIFIC AIR REGULATION:
    )
    (Rulemaking)
    35
    ILL. ADM. CODE 215.215
    )
    ORDER OF THE BOARD
    (by N. Nardulli):
    On February 4,
    1991, DM1,
    Inc.
    filed a petition requesting
    site specific relief from.the Board’s regulation at
    35
    Iii.
    Adin.
    Code 215 limiting volatile organic material emissions from paint
    deck operations.
    The petition was accepted for hearing on
    February 7~1991.
    Section 27 of
    the Environmental Protection Act (“Act”)
    requires. that -the Board make a determination .as .to whether an
    Economic Impact Study should be conducted.
    Section 27(a)
    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 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.
    120—473
    —2—
    The Depart.ment.~ofEnergy and Natural Besources
    (“DENR”)
    filed comments ,on February. 19,
    1991,
    as to whether an Economic
    Impact Study would be advisable :jn this rul~emaking~DENR
    “believes that a for~na1economic impact study is
    nO~.
    required”
    (P.C.
    1 p.
    1).
    No other~comments have been received at this
    time.
    DM1 asserts that an economic impact study is r~otadvisable
    for
    thf$. ~roposedru1emaking..
    DM1 stated that the~economic
    impact ~f the rule would be limited to its facility and that,
    based.?rt DMI’s economic caIcul-atior~s,the rtle~would~~have
    “few
    envir~n~rnentalcosts”.
    (Pet.
    p.
    12).
    The Board notes that both DENR and DM1 refe~ence~
    two
    previous
    rulexnakings of a similar nature where an eccmomic impact
    3tudy was not required.
    (Site::Specific Petition of J~hnDeere
    ~ar~ve.s~r—Mo1ine,p.87—1, and Site Specific Petition ~Boa,dmaster
    ~ê-r-~tion,R88-l9j.
    In addition, DM1 hasagreed.tb~pand.and
    ~laborate~on the economic and technical
    information
    se.t...fort,h
    in
    the ~pe.tIti~ôn.Therefore.,
    the Board finds that an Economic Impact
    Study should not be.~performedat thIs time.~
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the~Il:lj~iojsPollution Control
    Board, h,~ebycertify th
    the abo~éOrdé~s.a~optedon
    the
    ~~2~y’~’
    day of
    .
    ,~l9~.r;b~a~vote
    of
    0
    ~2~~i~z1
    4
    Dorothy N. ,~(inn,
    lerI~-~--~
    Illinois P&1.lution Cont~1~ard
    t~O~-474

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