ILLINOIS POLLUTION CONTROL BOARD

June

22,

1989

IN THE MATTER OF:

CONTINUOUS MONITORING RULES

)

R89-7

AND REPEAL OF NEW SOURCE

PERFOR~1ANCESTANDARDS AND

HAZARDOUS AIR POLLUTANT

REGULATIONS

ORDER OF THE BOARD (by J.D.

Durnelle):

On

May 11,

1989

the Board,

on

its own motion,

proposed the

above—captioned rulemaking

for First Notice.

This rulemaking

encompasses both

a proposed amendment to correct 35

Ill.

Adm.

Code 201.405 and

a proposed repeal

of

35

Ill.

Adm. Code Sections

230 and 231

in their entirety.

The proposed amendment

to correct

Section 201.405 was published in the Illinois Resister

on June 9,

1989.

The proposed

repeal of Sections 230 and 231 was published

in the Illinois Register

on June 16,

1989.

In the Board’s May

11,

1989 Opinion

in this matter,

the

Board

noted that within

21 days of the date of that Order, any

person could request that an economic impact study

(“EcIS”)

be

prepared or

not.

On June 1,

1989,

the Illinois Environmental

Protection Agency (“Agency”)

submitted its request

for

determination that an economic impact study not be conducted.

Pursuant to Section 27(a)

of the Environmental Protection

Act (“Act”),

the Board must determine whether

an EcIS should

be

conducted,

within 60 days of the date the Board accepts

a

proposal for hearing.

The Agency has requested that the Board

determine that an EcIS should not be orepared for either

the

correction

to Section 201.405

or the repeal of Sections 230 and

231.

In regard

to the proposed correction

to Section 201.405,

the

Agency points out that

in the previous rulemaking adopting this

Section,

the Department

of Energy and Natural Resources

(“DENR”)

filed

a negative declaration finding that the cost

of

a

formal

study was economically unreasonable.

(R.87—38 on June

27,

1988).

The Economic and Technical Advisory Committee

(“ETAC”)

concurred in DENR’s

negative declaration on August

4,

1988.

Since the Board

in its proposal

to correct Section 201.405

is

readopting language identical

to that

in

R87—38,

the Agency

states that

it believes an EcIS would also not be justified

in

this

instance.

100—309

---

—2—

In regard

to the proposed repeal of Sections 230 and

231,

the Agency states that since

these standards will remain

enforceable under Section 9.1(d) of the Act, there

is no economic

impact from the repeal of these sections from the Administrative

Code.

Based upon the information submitted during the 21—day

comment period,

and due

to the 60—day statutory deadline,

the

Board today decides that an EcIS need not be prepared

at this

time.

However,

the Board notes

that Section 27(a)

of the ~ct

states

in pertinent part:

At

any time prior

to the close of

the record

during the rulemaking proceeding

the Board may

determine that an economic impact study be

prepared,

if the proposal has been

substantially modified or

if

information

in

the record indicates that an economic study

would be advisable.

(Ill.

Rev.

Stat.,

1987,

ch.

111

1/2, par.

1027(a)).

Thus,

if the

Board should

later determine

that an EcIS would be advisable,

the

Board will

at that time so order.

IT

IS SO ORDERED.

I, Dorothy M. Gunn, Clerk

of the Illinois Pollution Control

Board, hereby certify that

t,1e

above Order was adopted on

the

~

day of

,

1989 by

a vote

of

7—0

.

/~

~

Dorothy M~/Gunn,Clerk

Illinois ~P’ollutionControl Board

100—310