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ILLINOIS POLLUTION CONTROL BOARD

November 16, 2007

Jack Lavin, Director

Department of Commerce and Economic Opportunity

620 East Adams Street, S-6

Springfield, Illinois 62704

RECEIVED

CLERK'S OFFICE

NOV 2 0 2007

STATE OF ILLINOIS

Pollution Control Board

Re:?

Request for Economic Impact Study for: Water Duality Standards and

Effluent Limitations for the Chicago Area Waterway System and the Lower Des

Plaines River: Proposed

Amendments to 35 Ill. Adm. Code 301, 302, 303, and

304 (R08-9)

Dear Director Lavin:

On November 1, 2007, the Board accepted a proposal for hearing in Water

Ouality Standards and Effluent Limitations for the Chicago Area Waterway System

and the Lower Des Plaines River: Proposed Amendments to 35 Ill. Adm. Code 301,

302, 303, and 304 (R08-9). I am writing to request that your Department conduct an

economic impact study concerning this proposal. This rulemaking, filed with the

Board by the Illinois Environmental Protection Agency (Agency), proposes

amendments to the Board's water quality standards for the "Chicago Area Water

Way System" (CAWS) and the Lower Des Plaines River. The Board is in the

process of scheduling hearings in this rulemaking.

In this rulemaking, the Agency proposes amendments to update the

designated uses and criteria necessary to protect the uses for the waters currently

designated for Secondary Contact and Indigenous Aquatic Life Uses. These

specific

designations were for those waters not suited for General Use activities. All waters

in northeastern Illinois that carry these designations are water bodies that

were

a part

of the

engineering effort that reversed the flow of the Chicago River and are known

as the CAWS and the Lower Des Plaines River. In 2000 and 2002, the Agency

began pilot programs for the Lower Des Plaines River and CAWS to develop use

attainability analysis (UAA) for these waters. These proposed rule changes

incorporate the findings of the pilot programs.

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

ILLINOIS POLLUTION CONTROL BOARD

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.

Pollution Control Board

cc: Warren Ribley, DCEO

John T. Therriault, Assistant Clerk of the Board