ILLINOIS POLLUTION CONTROL BOARD
January 23, 2008
Jack Lavin, Director
Department of Commerce and Economic Oppo
620 East Adams Street, S-6
Springfield, Illinois 62704
Re: Request
for Economic Impact Study for:
Section
27
Proposed Rules for
Nitrogen Oxide (NOx) Emissions From Stationary Reciprocating Internal
Combustion Engines and Turbines: Amendments to 35 Ill. Adm. Code Parts
211 and
217, (R07-19)
CHAIRMAN
G. Tanner Girard, Ph.D.
0:
1'1_1 1:10:2:311:21i180C
ontrol Board
cLE
WEB SITE
www.ificb.statl.us
Dear Director Lavin:
SPRINGFIELD OFFICE
021 North Grand Ave. East
P.O. Box 19274
Springfield, IL
62794-9274
217-524-8500
FAX 217-524-8508
CHICAGO OFFICE
ames R. Thompson Center
100 West.Randolph
Suite 11-500
Chicago
60601-
312-814-3620
FAX 312=z814-3669
TYY 312:814:6032
On January 10, 2008, the Board granted the Illinois Environmental Protection
Agency's (Agency) motion to proceed with an amended proposal in Section 27
Proposed Rules for Nitrogen Oxide (NOx) Emissions From Stationary Reciprocating
Internal Combustion Engines and Turbines: Amendments to 35 Ill. Adm. Code Parts
211 and 217, (R07-19). Because this proposal is different from the rulemaking that
was the subject of a previous request for an economic impact study, I am writing to
request that your Department conduct an economic impact study concerning this
amended proposal. The rulemaking is intended to control nitrogen oxide (NOx)
emissions from specified engines and turbines that are frequently associated with gas
pipelines.
The following is a brief synopsis of the history of this rulemaking proposal.
On April 6, 2007, the Agency filed a rulemaking proposal intended to reduce
emissions of NOx
from stationary reciprocating engines and turbines, which the
Board docketed as R07-18. In an order dated May 17, 2007, the Board concluded
that the Agency's entire proposal was not "required to be adopted" by the Clean Air
Act (CAA) under Section 28.5 of the Environmental Protection Act (Act).
Accordingly, the Board bifurcated the proposal by continuing to consider only the
portion applicable to the 28 internal combustion engines affected by the NOx State
Implementation Plan (SIP) Call Phase II under Section 28.5. The Board directed the
publication of the remainder of the Agency's proposal for first notice under Sections
27 and 28 of the Act in docket R07-19 without commenting on the merits of the
proposal.
On June 15, 2007, the hearing officer issued an order scheduling a first
hearing beginning September 18, 2007 in Springfield and a second hearing
beginning November 5, 2007 in Chicago.
CHAIRMAN
0. Tanner Girard,
Ph.D.
SPRINGFIELD OFFICE
021 North Grand Ave. East
P.O. Box 19274
Springfield. IL
62794-9274
217-524-8500
FAX 217-524-8508
CHICAGO OFFICE
ames R. Thompson Center I
100 West Randolph
Suite Xi -500
Chicagol;IL 60601
312414-3620
FAX 312'414-3669
TYY.3F2414-6032
WEB SITE
ILLINOIS POLLUTION CONTROL BOARD
GOVERNOR
ri
Rod R. Blagojevich
41
On August 23, 2007, the Agency filed a motion to cancel the scheduled
hearings and associated deadlines. In an order dated August 27, 2007, the hearing
officer granted the motion. At the direction of the hearing officer, the Agency has
since filed two status reports, a first on October 31, 2007, and a second, on
November 19, 2007, which indicated that the Agency would file an amended
proposal with the Board before the end of December 2007. On December 20, 2007,
the Agency filed its "Motion to Proceed with Amended Proposal and Withdraw
Testimony." This is the proposal that is the subject of this economic impact study
request.
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 February 28, 2008.
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,
•
CI !AIRMAN
G. Tanner Girard, Ph.D.
G. Tanner Girard
Acting Chairman
Pollution Control Board
cc: Warren Ribley, DCEO
John T. Therriault, Assistant Clerk of the Board
SPRINGFIELD OFFICE
1021 North Grand Ave. Fast
P.O. Box 19274
Springfield, IL
62794-9274
217-524-8500
FAX 217-524-8508
•
CHICAGO OFFICE
.ames R. Thompson Center
100 West Randolph
Suite 11-500
Chicago, IL 60601
312-814-3620
FAX 312-814-3669
TVK312-814-6032
WEB SITE
www.ipcb.state.il.us
ILLINOIS POLLUTION CONTROL BOARD
GOVERNOR
Rod R. Blagojevich