GOVERNOR
Rod It BlagolecIch
CHAIRMAN
G .TariStrGirard . Ph .D .
SPRINGFIELD OFFICE
1021 North Grand Ave . East
P
.O
. Box 19274
Springfield, IL
62794-9274
217-524-8501
FAX 217-524-8508
CHICAGO OFFICE
James It -1hompson Center
100 West Randolph
Suite 11-500
Chicago . II . 60601
312-81436211
FAX 312 .814_8669
ILLINOIS POLLUTION CONTROL BOARD
"IR
CLERK'S
EIVOFFIED
May 23, 2007
MAY 2 5 2007
Jack Lavin, Director
STATE OF ILLINOIS
Department
of Commerce and Economic Opportunity
Pollution Control Board
620 East Adams Street, S-6
Springfield, Illinois 62704
Re:
Request for Economic Impact Study for
: Section27Proposed Rules for
Nitrogen Oxide (NOx) Emissions From Stationary Reciprocating Internal
Combustion Engines and Turbines
: Amendments to 35I11. Adm. Code Parts
211 and 217,
(R07-19)
Dear Director Lavin :
On May 17, 2007, the Board opened a new docket to address issues that have
risen in an existing docket, Nitrogen Oxide (NOx) Emissions from Stationary
Reciprocating Internal Combustion Engines and Turbines : Amendments to 35 111 .
Adm
. Code Section 201 .146, 211, and 217, R07-18. I am writing to request that
your Department conduct an economic impact study concerning this proposal
. The
rulemaking is based on another rulemaking that was filed by the Illinois
Environmental Protection Agency (IEPA) on April 6, 2007, and is intended to reduce
intrastate and interstate transport of nitrogen oxide
(NO.) emissions on an annual
basis and on an ozone season basis by reducing NO, emissions from stationary
reciprocating internal combustion engines and turbines
. These engines and turbines
are frequently associated with gas pipelines .
The rulemaking that these amendments are based on was filed by the IEPA
under the fast track rulemaking procedures of Section 28
.5 of the Environmental
Protection Act, 415 ILCS 5/28 .5
. The Board received an objection to the use of the
fast-track procedures on April 16, 2007 from ANR Pipeline, Natural Gas Pipeline
Company, Trunkline Gas Company, and Panhandle Eastern Pipeline Company, and
on April 17, 2007 the Illinois Environmental Regulatory Group . Consistent with the
strict timeframes of Section 28 .5 of the Act, the Board filed the entire rule proposal
with the Secretary of State, pending receipt of responses to the objections and ruling
on them. Nitrogen Oxide (NOx) Emissions from Stationary Reciprocating Internal
Combustion Engines and Turbines : Amendments to 35 111
. Adm. Code Section
201 .146, 211, and 217, R07-18 (April 19, 2007)
. This was published at 35 Ill . Reg.
6597 (May 4, 2007)
. The Board sent a request for an economic impact study in this
rulemaking to the DCEO on May 2, 2007 .
'fly
The Board ruled on the objections in a single May 17, 2007 order, finding
that the IEPA April 6, 2007 proposal must be handled in two dockets under separate
statutory authorities and rulemaking tracks
. Since some portions of the proposed
new 217 .Subpart Q do not meet the standard for a fast track rule under Section 28 .5
of the Act, the Board created a new docket to proceed with non-qualifying provisions
under Section 27 . Accordingly, the Board bifurcated the amendments that were
originally proposed
. Docket R07-18 was retitled and is continuing under the Section
28
.5 hearing schedule for only those amendments that qualify as fast track rules . I
am writing to request that your Department conduct an economic impact study
concerning this proposal
.
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, and 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 employees, and the State's
overall economy, and c) the cost per unit of pollution reduced and the
variability of company revenues expected to be used to implement the
proposed rules
; and
(2) conduct at least one public hearing on the economic impact of those
rules. At least 20 days 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 such new
rules." 415 ILCS 5/27(b) (2004) .
I would greatly appreciate a response from you concerning DCEO's position
on whether it will perform the economic impact study by July 1, 2007 .
If I, or my staff, can provide you with any additional information, please let
me know .
Thank you in advance for your prompt response .
Sincerely,
G
. Tanner Girard
Acting Chairman
Pollution Control Board
cc
: Warren Ribley, DCEO
John T
. Therriault, Assistant Clerk of the Board
