GOVERNOR
Rod IC Blagojevich
•
SPRINGFIEEH OFFICE
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CHAIRMAN
G. Tanner Girard, l'h
I )
ILLINOIS POLLUTION CONTROL BOARD
June 6, 2008
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:
Amendments to 35
III.
Adm.
Code 217, Nitrogen Oxides Emissions, and 35 III. Adm. Code 211, (R08-19)
Dear Director Lavin:
On June 5, 2008, the Board accepted a proposal for hearing in
Amendments
to 35 Ill. Adm. Code 217, Nitrogen Oxides Emissions, and 35 Ill. Adm. Code 211,
R08-19. This rulemaking, filed with the Board by the Illinois Environmental
Protection Agency (Agency), proposes to control nitrogen oxides (N0x)
emissions
from various source categories, including within these categories such emission units
as industrial boilers, process heaters, glass melting furnaces, cement kilns, lime kilns,
furnaces used in steelmaking and aluminum melting, and fossil fuel-fired stationary
boilers. I write to request that your Department conduct an economic impact study
concerning this proposal.
The Agency states that its proposal is intended to satisfy Illinois' obligation
to submit a State Implementation Plan to address the requirements under the federal
Clean Air Act for major stationary sources of NO x
in areas designated as
nonattainment with respect to National Ambient Air Quality Standards. The Agency
indicates that NO„ is a primary precursor to the formation of ozone and is also a
precursor to the formation of particulate matter that is 2.5 micrometers or smaller in
size. The Agency expects its proposal to reduce ND, emissions by approximately
46.3% or 20,666 tons per year beginning in 2010.
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
RECEIVED
CLERICS OFFICE
JUN 0 6 2008
STATE OF ILLINOIS
Pollution Control
Board
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) (2006).
The Board is in the process of scheduling initial hearings in this rulemaking.
Although there is no decision deadline in this rulemaking, the Board intends to
proceed expeditiously with this rulemaking, and asks that you respond to this request
as soon as you conveniently can. 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