ILLINOIS
    POLLUTION
    CONTROL
    BoAIu
    -
    CEilV
    September
    18,
    2008
    CLERK’S
    OFFICE
    SEP
    18
    201)8
    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
    Site
    Specific
    Rule
    for
    City
    of
    Springfield,
    Illinois,
    Office
    of
    Public
    Utilities,
    City
    Water, Light
    and
    Power
    and
    Springfield
    Metro
    Sanitary
    District
    from
    35
    Ill.
    Adm.
    Code
    302.208(g):
    New
    35
    III.
    Adm.
    Code
    303.446
    R09-8
    Dear
    Director
    Lavin:
    On
    September
    16,
    2008,
    the
    Board
    accepted
    for
    hearing
    a
    rulemaking
    entitled:
    Qposed
    Site
    Specific
    Rule
    for
    City
    of
    Springfiçld,
    Illinois,
    Offiqç_o.
    Public
    Utilities,
    City
    Water.
    Light
    and
    Power
    and
    Springfield
    Metro
    Sanitai
    District
    from
    35
    ifi.
    AdnL
    Code
    302.208(g):
    New
    35
    111.
    Adm.
    Code 303.446.
    f
    am
    writing
    to
    request
    that
    your
    Department
    conduct an
    economic
    impact
    study
    concerning
    this
    proposal.
    The
    proposal
    filed
    by
    City
    of
    Springfield,
    Office of
    Public
    Utilities, City
    Water,
    Light
    and
    Power
    and
    Springfield
    Metro
    Sanitary
    District,
    seeks
    to
    establish
    an
    alternative
    water
    quality
    standard
    for
    boron
    from
    the
    discharge
    point
    at
    the
    Spring
    Creek
    Sanitary
    Treatment
    Plant
    (Spring
    Creek
    STP)
    to
    the
    Sangamon
    River
    to
    its
    confluence
    with
    the
    Illinois
    River
    and
    100
    yards
    downstream
    from
    the
    confluence
    in
    the
    Illinois
    River.
    The
    Board
    is
    in
    [lie
    process
    of
    scheduling
    initial hearings
    in
    this
    rulemaking,
    and
    expects
    to
    hid
    them
    within
    the
    next
    60
    days.
    Although
    there
    is
    no
    decision
    deadline
    in
    this
    rulemaking,
    the
    Board
    granted
    a
    request
    to
    expedite
    the
    review
    of
    the
    rule.
    Therefore,
    the
    Board
    has
    proceeded
    to
    first
    notice
    under
    the
    Illinois
    Administrative
    Procedure
    Act
    (5
    ILCS 100/5
    et.
    seq.
    (2006))
    and
    asks
    that
    you
    respond
    to
    this
    request as
    soon
    as
    you
    conveniently
    can.
    The
    alternative
    water
    quality
    standard
    is
    requested
    to
    allow
    the
    District
    tu
    accept
    a
    pretreated
    industrial
    effluent
    stream
    from
    CWLP’s
    power
    station.
    The
    operation
    of air
    pollution
    equipment
    at
    CWLP’s
    power
    plant
    causes elevated
    concentrations
    of
    boron
    in
    the
    effluent
    that
    is
    proposed
    to
    be
    sent
    to
    the
    Spring
    Creek
    STP.
    CWJ
    P’s
    power
    plant
    is
    a
    critical
    power
    supplier
    for
    the
    City
    and
    surrounding
    communities
    and
    the
    alternative
    water
    quality
    standard
    is
    necessary
    to
    enable
    CWLP
    to
    operate
    the
    power
    plant
    in
    compliance
    with
    CWLP’s
    national
    pollutant
    distharge
    elimination
    system
    (NPDES)
    permit.
    STATE
    OF
    ILLINOIS
    Pollution
    Control
    Board
    GOVERNOR
    Rod
    R.
    Bljeyich
    CflAUMAN
    G.
    Taiihr’Girard,
    Ph.D.
    •*
    I
    SPRINGEIELDOFF1CE4
    I
    1Q21
    Nqtt,nd
    Ave.
    Easi
    I
    ROBotI9274
    Sp’ringfield,
    IJY
    .
    62794.9274
    217-524.8500.
    FAX
    21
    7-524-808
    I
    cmcAGo,OFFrCE.
    1arnR.
    ThornSon
    Center
    100
    West
    .ndo1ph’
    Suit-500
    6060’1

    2
    The
    proposal
    states
    that
    treatment
    of
    the effluent
    to
    meet
    the general
    use
    water
    quality
    standard
    for
    boron
    is neither
    technically
    feasible
    nor
    economically
    reasonable
    and
    alternatives
    to the
    site-
    specific
    rule
    would
    have
    a significant
    economic
    impact
    on CWLP
    and
    the
    customers
    of
    CWLP.
    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).
    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
    Warren
    Ribley,
    DCEO
    John
    T.
    Therriault,
    Assistant
    Clerk

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