ILLINOIS POLLUTION CONTROL BOARD
    September 26,
    1991
    IN THE MATTER OF:
    R91—l8
    REPEAL OF 35 ILL. ADM. CODE
    )
    (Rulemaking)
    809.SUBPART I:
    HAZARDOUS
    )
    (INFECTIOUS)
    HOSPITAL WASTE
    )
    ORDER OF THE BOARD
    (by B.
    C.
    Flemal):
    On August 22,
    1991 the Board initiated this docket on its
    own motion.
    House Bill 2491, presently awaiting the Governor’s
    signature,
    amends various provisions of the Environmental
    Protection Act
    (“Act”)
    as they relate to potentially infectious
    medical wastes
    (“P1MW”).
    One provision amendment contained in
    HB2491
    is the repeal of 35
    Ill. Adm. Code 809 .Subpart I:
    Hazardous (Infectious) Hospital Waste, to be completed by January
    1,
    1992.
    Section 27 of the Act requires the Board, within 60 days of
    accepting a proposal for hearing,
    to determine whether an
    economic impact study
    (“EcIS”)
    should be conducted.
    That Section
    further allows a 21 day comment period for any person to request
    the Board to determine that an EcIS be prepared or not prepared.
    In this proceeding,
    the Board received
    a written comment
    filed September 10,
    1991 from the Department of Energy and
    Natural Resources
    (“Department”)
    requesting that the Board
    determine that an EcIS not be prepared.
    The Department further
    states that “since
    R91-l8
    is concerned with the repeal of
    current rules,
    no economic impact is envisioned for any presently
    regulated entity or facility as a result of the adoption of this
    proposed rulemaking”.
    The Department also points out that
    economic impacts will arise as
    a result of the Board’s other
    rulemaking proceedings on
    P1MW,
    (dockets R91—l91, R9l-20,
    and
    R91-2l),
    and that these impacts are best addressed in these other
    dockets.
    After consideration of the above comment and the proposed
    rulemaking,
    the Board presently believes that the presentation of
    economic information at hearing and in comments in this
    proceeding should be sufficient for the Board’s consideration of
    the economic impact of the proposed rule.
    The Board therefore
    finds that the preparation of an EcIS need not be conducted in
    this matter at this time.
    1
    The Board notes that the R9l-19 proceeding
    is an identical
    in
    substance
    rulemaking
    which
    does
    not
    follow
    Title
    VII
    or
    “regular” rulemaking procedures,
    including an EcIS determination.
    12 6—417
    2
    The Board further notes that Section 27 of the Act also
    provides for the Board to change its determination that an EcIS
    need not be prepared under specific circumstances:
    *
    any time prior to the close of the record during
    the rulemaking proceeding,
    the Board may determine that
    an economic impact study be prepared,
    if the proposal
    has been substantially modified or if information in
    the ‘record indicates that an economic impact study
    would be advisable.
    IT IS SO ORDERED.
    I,
    Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Boar~ hereby certi y tha
    the above Order was adopted on the
    ~~‘~21-~
    day of
    ~
    ,
    1991 by a vote of
    7~’
    Dorothy M./~unn,Clerk
    Illinois P~llutionControl Board
    126—418

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