ILLINOIS POLLUTION CONTROL BOARD
November
17, 2003
INTHEMATTEROF:
)
)
PROPOSED SITE SPECIFIC REGULATION)
R04-1 1
APPLICABLE TO AMEREN ENERGY
)
(Site-Specific Rulemaking
—
Noise)
GENERATING COMPANY,
ELGIN,
)
AMENDING 35111. ADM. CODE PART 901
)
NOTICE OF HEARING
DATE, TIME,
AND
PLACE:
DECEMBER 17,
2003
10:00a.m.
JAMES R.
THOMPSON CENTER
100 WEST RANDOLPH STREET
SUITE
11-512
CHICAGO, ILLLINOIS 60601
PURPOSE OF HEARING:
Merit
and Economic
ATTENDING BOARD MEMBERS:
Thomas E. Johnson
HEARING OFFICER:
John Knittle
HEARING OFFICER ORDER
Background
On October 28, 2003, Ameren Energy Generating Company (Ameren) filed a rulemaking
proposal under Section 28 ofthe Environmental Protection Act (Act)
(415
ILCS
5/28
(2002)), to
change regulations
governing noise emission limitations found in the Board’s rules at 35
Ill.
Adm. Code 901.
In the petition, Ameren seeks site-specific noise emission limitations with
respect to the operation ofAmeren’s electric generating facility in Elgin, Cook County.
Ameren owns a power generating facility in Elgin (facility) consisting
offour simple
cycle combustion turbines capable of generating up to 540 MW ofelectricity.
Pet. at
1.
The
facility is located at
1559 Gifford Road, Elgin, Cook County.
Id.
The facility is described as a
In
compliance with the Americans with i)isabilities Act and other applicable
federal am!
State laws, the hearing will he
cc
~ibleto individuals with
disabilities.
Persons requiring auxiliary aids and services should
contact Dorothy Gunn,
Clerk ofthe Board, at
100
West
Randolph St.. Suite
11—500,
Chicago. lilmois 60001,
at telephone number 312/814-6931. fax number 312/814-3669, or TDD number 312/S
4-6032.
live days prior to the
hearing.
2
-
peaking facility due to its intended design to start up rapidly to generate power when critically
needed.
The facility became fully operational in November 2002.
Id.
On June 3, 2003, the Village ofBartlett annexed and rezonedthe land immediately to the
west ofthe facility for residential use at the requestof Realen Homes, a residential development
corporation.
Pet. at 2.
Ameren has concluded that the facility will not be able to meet the
Class
A noise limitation at 35 Iii. Adm. Code 901.102, that heretofore were not applicable.
Id.
Accordingly, Ameren is seeking a site-specific rule that establishes noise emission limitations for
the facilitythat are applicable to Class A and B receiving lands.
Id.
On November 6, 2003, the Board opened a new regulatory docket forthis matter, adopted
the proposed amendments forfirst notice under the Illinois Administrative Procedure Act without
commenting on the merits, and directed that a hearing be scheduled on the proposal.
Hearing
Persons wishing to testify at the hearing shall prefile the testimony with the Board and
serve the testimony on the hearing officer and all persons on the service list no later than
November 26, 2003.
Persons may receive a copy of the service list by contacting the hearing
officer orNancy Miller at (217) 278-3109.
The parties are directed to participate in a final pre-hearing telephone status conference
on Friday, December 12, 2003, at
10:00 a.m.
The petitioner shall initiate the call.
At that time,
the parties must be prepared to disclose witnesses for the hearing, and address any final pre-
hearing issues.
This hearing will also be held to fulfill the requirements ofSection 27(b) ofthe
Environmental Protection Act (Act).
415
ILCS
5/27(b)
(2000).
Section 27(b) ofthe Act requires
the Board to requestthe Department ofCommerce and Economic Opportunity (DCEO) (formerly
Department of Commerce and Community Affairs) to conduct an economic impact study (EcIS)
on certain proposed rules prior to adoption ofthose rules.
If DCEO chooses to conduct the EcIS,
theyhave
30 to 45
days after such requestto produce a study ofthe economic impact ofthe
proposed rules.
The Board must then make the EcIS, or DCEO’s explanation for not conducting
the study,
available to the public at least 20 days before a public hearing on the economic impact
ofthe proposed rules.
On November 17, 2003, the Board requested that DCEO conduct an economic impact
study forthe above-referenced rulemakings.
In a letter dated April
17, 2003, DCEO stated that it
does not have the financial resources to perform such analyses or contract a private vendor for
their completion.
DCEO offered the April
17, 2003
letteras its formal response to all current
and future proposed Board rulemakings and DCEO’s statutory obligation to perform an ECIS.
Both letters are available for review at the Board’s Chicago Office, James R. Thompson Center,
100 West Randolph, Suite 11-500, Chicago, Illinois.
IT IS
SO ORDERED.
3
roim Knittle
Hearing Officer
Illinois Pollution Control Board
2125 South First Street
Champaign, Illinois 61820
(217) 278-3111