ILLINOIS POLLUTION CONTROL BOARD

June

7,

1990

IN THE

MATTER

OF:

USED AND WASTE TIRE REGULATION

)

 R90-9

(35

 ILL.

 ADM.

 CODE 848)

)

 (Rulemaking)

ORDER OF THE BOARD

 (by J. Marlin):

On April

6,

1990

 the Illinois Environmental Protection

Agency (“Agency”)

 filed a proposal

 for rulemaking pursuant

to

Section 55.2(a)

 of the Environmental Protection Act

 (“Act”).

Ill.

 Rev.

 Stat.

 1989,

ch.

111

 1,’2,

 par.

 1055.2,

 as amended

by

P.A.

 86—452.

 This proposal sets forth provisions

for

the

regulation of disposal and storage of used and waste

 tires.

Section

 55.2 of the Act requires

 the Agency

 to submit such a

proposal by July

1,

 1990 and that

 the Board adopt such proposal

pursuant

 to Sections

 27 and 28 of

 the Act within one year.

On April

12,

1990

 the Board accepted this matter for

hearing.

 Pursuant

 to Section

 27(a)

 of the Act the Board

is

required

 to determine

within

 60 days of that date whether

an

economic impact study

 (“EcIS”) should be conducted.

 The Board

today determines that one should not.

On May

3,

1990

 the. Board received the Illinois Department

of

Energy and Natural Resources’

 (“Department”)

 Comnients on

the

Appropriateness of an Economic

 Impact Study.

 The Department

noted

 that

 the proposal includes

 a description of the universe of

affected sources and facilities and the economic impact

 of the

proposed rule,

 including an analysis of the economic and

budgeting effects of

 the proposed rulemaking.

 The Department

concluded

 that

 “a formal economic impact study

 is not critical”

to

 the proceeding.

 According

 to the Department the~bodyof

economic information developed

 in the legislative process which

led

 to the enactment of Section 55.2

 of the Act

 is available for

consideration by the Board.

As

 a further consideration,

the

Department

 noted

 that a one year deadline exists

 for adoption of

these

 rules.

 Preparation of an EcIS would,

 therefore “jeopardize

the timely implenentation of

the

 rules”.

On May

15,

 1990,

 the Agency filed

 its Comments

 on Necessity

of Econmic Impact Study.

 The Agency noted

 that

 in Attachment

C

to

 its proposal

 it stated

 that

 an EcIS was advisable.

In

its

latest comments,

 however,

 the Agency stated that requiring

the

Department

 to prepare an EcIS could result

 in substantial

delays.

 The Agency,

 therefore,

now

takes

the

position

that

has

 no objection

 to a Board determination that

 an EeLS

is

not

necessary.

other

comments

regardin~

the

preparation

the

EeLS

were

112—333

—2—

received during the statutory 21 day comment period.

 That period

expired May

2,

 1990.

After consideration of these comments,

 the Board concludes

that the presentation

of economic information at hearing

 in this

proceeding should be sufficient

 for the Board’s consideration of

the economic impact of the proposed rule.

 In addition to

information developed in the Section 55.2 legislative process,

the

 information presented

 in support of

 the emergency mosquito

and used tires rulemaking, R88—24, may be made available as

well.

 The Board therefore finds that the preparation of an EelS

need not

 be conducted at this time.

IT

 IS SO ORDERED.

I,

 Dorothy M.

 Gunn, Clerk of the Illinois Pollution Control

Board,

 hereby certify t~t the above Order was adopted on

the

7~-~

da

of

~z~-7i_Et~

 1990, by

 a vote

of

Dorothy M.,/~unn, Cl”erk

Illinois ~6llution

 Control Board

112—334