MERNOR
Red'R $ligkjevich
RMAN
id. PhD
.
SPRINOFIELD OFFICE
102P
hCrrandAve.East
P.O. Box 19274
Springfield, IL
62794'-9274
217-524-8500
FAX 217-524-8508
CHJCAGOOFFICE
James R. Thompson Center
`: 100 West~Rmtdolph
Suttea
1-500
Chicago. IL 60601
312414-3020
FAX 312-814-3669
77
312-8146032
WEB 5J7 E
www.ipcb.state.iLus
1641
ILLINOIS POLLUTION CONTROL BOARD
January 10, 2006
ORIGINAL
Jack Lavin, Director
Department of Commerce and Economic Opportunity
620 East Adams Street, S-6
Springfield, Illinois 62704
RECEIVED
CLERK'S
OFFICE
JAN 1 3 2006
Pollution Control Bard
Re :
Request for Economic Impact Study for
: Proposed Amendments to
Regulation of Petroleum Leaking Underground Storage Tanks (35 Ill. Adm.
Code 732) and Regulation of Petroleum Leaking Underground Storage Tanks
(Proposed New 35
Ill . Adm. Code 734), R04-22and R04-23, Docket B (cons.)
Dear Director Lavin
:
The Pollution Control Board (Board) has opened a subdocket B in its
rulemaking Proposed Amendments to Regulation of Petroleum Leaking
Underground Storage Tanks (35 Ill. Adm. Code 732) and Regulation of Petroleum
Leaking Underground Storage Tanks (Proposed New 35 Ill . Adm. Code 734), Board
Docket R04-22and R0423, Docket B(consolidated)
. The Board opened this
subdocket December 1, 2005 to address issues raised during hearings in the original
rulemaking concerning the definition of a scope of work for professional services
utilized in the remediation of leaking underground storage tanks . The Board adopted
a proposal for public comment on January 5, 2005 . 1 am writing to request that you
determine whether your Department will 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)
.
The Board is in the process of scheduling hearing dates for this rulemaking. I
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 assist you in your decision, I want to remind you that the Board just
recently completed rulemaking in the main docket to which this is a follow-up. See
In the Matter of : Proposed Amendments to Regulation of Petroleum Leaking
Underground Storage Tanks (35 Ill . Adm. Code 732) and Regulation of Petroleum
Leaking Underground Storage Tanks (Proposed New 35 Ill. Adm. Code 734), R04-
22/23, Docket A (consolidated), (December 1, 2005)
. In that Docket A, on February
18, 2004, the Board requested that the Department conduct a study of the economic
impact of the proposed rules. On April 2, 2004, DCEO notified that Board that based
on a review of the proposed rules and continued fiscal constraints DCEO would not
be performing an economic impact study
.
If I, or my staff, can provide you with any additional information, please let
me know. While the Board can proceed to hold hearings 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,
,/1
a
G. Tanner Girard
Acting Chairman
Pollution Control Board
Cc: Dorothy M. Gunn, Clerk
Erin Conley, Rules Coordinator
