March 16, 2006
Jack Lavin, Director
Department of Commerce and Economic Opportunity
620 East Adams Street, S-6
Springfield, Illinois 62704
Re:
Request for Economic Impact Study for : Proposed New 35 111 . Adm. Code
225 ; Control of Emissions from Large Combustion Sources (R06-25)
Dear Director Lavin :
On March 16, 2006, the Pollution Control Board (Board) adopted a first
notice opinion and order, without commenting on the merits of the proposal, in
Proposed New 35 Ill . Adm. Code 225 ; Control of Emissions from Large Combustion
Sources
(R06-25)
. This rulemaking, filed by the Illinois Environmental Protection
Agency (IEPA) on March 14, 2006, seeks to add a new Part 225 to the Board's air
regulations . The new Part 225 would require Illinois coal-fired electrical generating
units (EGUs) that serve a generator greater than 25 megawatts producing electricity
for sale to begin to utilize control technology for mercury to meet the standards
established in the proposed rule beginning July 1, 2009 . Governor Blagojevich's
direction in January 2006 to the IEPA to file this proposal with the Board has been
widely-reported and referenced in the newspapers .
The IEPA filed this rulemaking under the "fast-track" rulemaking authority
of section 28 .5 of the Environmental Protection Act, which contains a strict timeline
for the Board to complete its rulemaking process . The Board must hold at least two,
and possibly three, sets of hearings on the proposal . The Board must send rules to
the Joint Committee on Administrative Rules either July 22 or August 11 (130 or
150 days after the proposal's filing), depending on whether two or three sets of
hearings are needed . The Board accordingly requests that your Department expedite
its determination whether it will conduct an economic impact study on the proposal,
and provide the Board with an answer no later than May 1, 2006
Since 1998, Section 27 (b) of the Environmental Protection Act has required
the Board to:
1) "request that the Department of Commerce and Economic Opportunity
(formerly the Department of Commerce and Community Affairs) conduct a
study of the economic impact of the proposed rules
. The Department may
within 30 to 45 days of such request produce a study of the economic impact
of the proposed rules. At a minimum, the economic impact study shall
address a) economic, environmental, d public health benefits that may be
achieved through compliance with the proposed rules, b) the effects of the
proposed rules on employment levels, commercial productivity, the economic
growth of small businesses with 100 or less
em
s, and the State's
over all economy, and c), the cost per unit of poll
educed and the
variability of company re
es expected to be use o implement the
proposed rules ; and
(2) conduct at least one public hearing on the economic impact of those
rules
. At least 20 clays before the hearing, the Board
shall notify the public of
the hearing and make the economic impact study, or the Department of
Commerce and Economic Opportunity's explanation for not producing an
economic impact study, available to the public. Such public hearing may be
held simultaneously or as a part of any Board hearing considering
rules." 415 ILCS 5/27(b) (2004) .
The Board accepted the proposal for hearing and adopted a first
e
opinion
hearings
and
on this
order
proposalon
March
. Based
16,
on
2006the .
statutory
The Boardtimelines
isinthe
of
process
section
of28s
.5,
d
the firstg
hearing must begin no later than May 8, 2006, the second no later than June 7, and
any needed third no later than June 21 . 1 would greatly appreciate a response from
you concerning DCEO's position on whether it will perform the economic impact
study as soon as is possible . To allow the Board to comply with th r -he
notice requirement of Section 27(b)(2), the Board would appreciate your de ision no
later than May 1, 2006 .
If I, or my staff, can provide you with any additional information, please let
me know . While the Board can proceed to schedule and hold a hearing while
awaiting your decision, the Environmental Protection Act does not allow the Board
to complete its rulemaking process without your Department's input.
Thank you for your early response .
Sincerely,
f
' "u
G. Tanner Girard
Acting Chairman
Pollution Control Board
Cc : Dorothy M. Gunn, Clerk
Erin Conley, Rules Coordinator
