ILLINOIS POLLUTION CONTROL BOARD

September 26,

1991

IN THE MATTER OF:

)

DIESEL VEHICLE EXHAUST

)

P90-20

OPACITY LIMITS

)

(Rulemaking)

ORDER OF THE BOARD

(by J.D.

Durnelle):

Pursuant

to

Section

27(a)

of

the

Illinois

Environmental

Protection Act

(“Act”)

the

Board

finds

that

an

economic

impact

study

(“EcIS”)

is unnecessary in P90-20.

In its filing of August

13,

1991,

the Department of Energy and Natural Resources

(“DENR”)

states that

“a

substantial

record

regarding most facets

of

the

issue was generated”.

In

stating that an EcIS was unnecessary,

DENR had only the benefit of our inquiry hearings.

Since that

time, the Board has held another hearing and one more is scheduled

for October

3,

1991 in Springfield.

The three hearings held thus

far have

provided

a

wealth

of

information

with

regard

to

the

technical feasibility and economic reasonableness of the proposed

rule.

For example,

the Engine Manufacturing Association as well

as Navistar1 have stated that a 55

opacity standard would comport

with

the

federal

engine

design

requirements

for

which

pre-1991

engines were built.

In other words,

if

a 55

opacity standard were

adopted

for all pre-1991

engines,

then

there

should

be

no cost

(other than normal maintenance) to the regulated community in order

to be

in compliance.

On September

19,

1991,

the City

of Chicago

filed

a

public

comment requesting an EcIS.

In the alternative, the City requests

that additional information pertaining to economic information be

put into the record.

The City submits that economic data

is not

available from other states contemplating similar legislation, the

costs of the proposed testing

is unknown and that the record does

not presently

show whether businesses

may move

out

of

Illinois

and/or bypass our state as a result of diesel regulation.

The

record

indicates

costs

in such states

as Maryland and

substantial

information

is

available

regarding

the

California

program.

At the same time,

the record is replete with assertions

by some western suburbs that they would attempt to enforce the rule

via local ordinance.

The City’s final concern is more directed to

the

merits

of

the

regulatory

program

and

will

hopefully

be

addressed at hearing.

In conclusion, we find that the record thus far indicates that

1During the course of the proceedings, other entities such as

Caterpillar, the CTA and the Robert Bosch Company have testified

that the 55

opacity standard is readily achievable.

126—387

---

2

there

are

no substantial

costs

to

industry associated with

the

rule.

In the event that evidence comes to light which contravenes

this belief,

the Board can, pursuant to Section 27(a)

of the Act,

order that an EcIS be performed any time prior to the closing

of

the record.

Accordingly, we find that an EcIS is not necessary in

this rulemaking.

IT

IS SO ORDERED.

I,

Dorothy N.

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

__________

(7

~

~.

Dorothy N. ~inn, Clerk

Illinois Pollution Control Board

126—388