ILLINOIS POLLUTION CONTROL BO7~RD
    June
    22, 1989
    IN THE MATTER OF:
    LIMITS TO VOLkTILIT’Y OF
    )
    R83—30
    G1~SOLINE
    ORDER OF THE BOARD
    (by
    J.D.
    Dumelle):
    On ~pril
    27, 1989,
    the Pollution Control Board accepted
    the
    above—docketed proposal
    for rulemaking
    filed
    by the Chicago Lung
    1~ssociationand ordered
    the Hearing Officer
    to establish
    a
    hearing schedule.
    Pdso,
    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.
    During that period,
    seven comments
    (P.C.
    30 through
    36) were
    submitted.
    Two comments
    (P.C.
    37
    and 38) were
    submitted after
    the twenty—one day period.
    P.C.
    30, from an interested
    member
    of
    the public,
    requested the Board
    to determine that
    a EcIS
    not
    be
    prepared.
    P.C.s
    31—37,
    from potentially affected
    industry,
    raised
    several questions
    about
    the economic impact of the
    proposal
    and requested
    that the Board
    require
    that an EcIS be
    prepared.
    Finally,
    P.C.
    38, from the proponent,
    noted that the
    record contains much useful information on economic
    impact and
    that the hearings scheduled
    for July 17 and 21 will provide
    further
    opportunity
    for proponents
    and opponents
    of the rule
    to
    address economic impact.
    Pursuant
    to Section 27(a)
    of the Environmental Protection
    ~ct
    (~.ct),within
    60 days of
    the date the Board accepts
    a
    Proposal
    for hearing,
    the Board must determine whether
    an EcIS
    should be conducted.
    Section 27(a)
    further states
    in relevant
    pa r
    t,:
    The Board
    shall reach
    it 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.
    The Board may,
    in addition,
    identify specific
    issues
    to be addressed
    in the study.
    However,
    at any time prior
    to
    the close of the
    record during the rulemaking proceeding,
    the
    100—307

    —2—
    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.
    Based upon these statutory considerations,
    the Board
    today
    decides that an EelS need not be prepared
    at this time.
    The
    public comment received
    to date contains a fair amount of
    economic discussion.
    Moreover,
    the Board anticipates
    the
    introduction
    at the scheduled hearings
    of additional
    evidence
    relating
    to
    the potential
    economic impact of
    the rule.
    While
    acknowledging the questions raised by the public comment,
    the
    Board would prefer
    to review that additional
    evidence before
    deciding
    to commit state resources
    to the preparation of an
    EcIS.
    ~.spreviously noted, Section
    27(a)
    provides that the Board
    shall determine not only whether
    an EcIS shall be prepared,
    but
    also that
    it may additionally
    ~identify
    specific issues
    to
    be
    addressed
    in the study”.
    The Board will be
    in a better position
    to make
    an
    informed decision on both of these questions after
    economic issues are discussed
    at the mid—July hearings.
    However,
    as the Board
    has
    a statutory obligation
    to make a decision within
    60 days of
    the acceptance
    of the proposal,
    the Board
    today
    decides
    that an EcIS need
    not be prepared
    at this time.
    If after
    the hearings the Board determines
    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~ above Order was adopted
    on
    the
    ____________
    day of
    ___________,
    1989
    by
    a vote
    of
    7 ~
    .
    ~.
    Dorothy M./Aunn, Clerk
    Illinois ~6llution
    Control Board
    100—308

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