GOVERNOR

Rod R

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Philip NQvak

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North Grand

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East

P.O:Box 19274

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Springfield, IL

62794-9274

217-524-8500

FAX. 217-524-8508

CHICAGO OFFICE

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R.

Thompson Center

100 West Randolph

Suite

11-500

Chicago. 1L 60601

312-814-3620

FAX

312-814-3669

TYY 312-814-6032

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2004

Re:

Request for Economic Impact Study for: Revisions

to Radium Water

Quality Standards: Proposed New

35

III.

Adm.

302.307 and Amendments to 35

Ill. Adm. Code

302.207 and 302.525

(R04-21)

Dear Director Lavin:

The Pollution Control Board (Board) received a rulemaking proposal on

January

13, 2004, flied by the Illinois Environmental Protection Agency (Agency) to

amend Part 302 ofthe Board’s water quality standards.

The Agency proposes to

amend the water quality standard for radium from lpCi/L to 5pCi/L and change the

standard’s applicability from general use to apply specifically to public and food

processing water supplies. I am writing to request that you determine whether your

Department will conduct an economic impact study concerning this proposal

Since

1998, Section

27 (b) ofthe Environmental Protection Act has required

the Board to:

1)

“request that the Department ofCommerce and Economic Opportunity

(formerly the Department ofCommerce and Community Affairs) conduct a

study of the economic impact ofthe proposed rules.

The Department may

within 30 to 45

days of such request produce a study ofthe economic impact

ofthe 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 ofthe

proposed rules on employment levels, commercial productivity, the economic

growth ofsmall businesses with

100 or less employees, and the State’s

overall economy, and

c) the cost per unit ofpollution reduced and the

variability ofcompany revenues expected

to be used to implement the

proposed rules; and

(2)

conduct at least one public hearing on the economic impact ofthose

rules.

At least 20 days before the hearing, the Board

shall notify the public of

the hearingand make the

economic impact study, or the Department of

Commerce and Economic Opportunity’s explanation for not producing an

ILLINOT

Ill~iL~\fL

STATE OF ~LL~NO~S

Poflution

Contro’

Board

February

17, 2004

Jack Lavin, Director

Department ofCommerce and Economic Opportunity

620 East Adams Street, S-6

Springfield, Illinois 62704

---

economic impact study, available to

the public.

Such public hearing maybe

held simultaneously or as a part of any Board hearing considering such new

rules.”

415 ILCS

5/27(b)

(2002).

The Board has already scheduled hearing dates for this rulemaking proposal:

April

1,

2004 and

May 6, 2004. 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.

The Board

anticipates a high volume ofrulemaking in the coming year.

Your

Department can anticipate receiving many requests for economic studies this year.

A

review ofthe Department’s files will reveal to

you that DCEO has not conducted any

economic studies since

1998 due to fiscal constraints.

I am aware ofthe

Department’s April 2003 letter indicating that it would not be perfonning studies of

this nature in response to any current or future requests, but I note that nearly

12

months have passed since that time.

A review ofBoard rulemaking opinions and

orders since then would reveal that the Department’s decision not to perform

economic impact studies has not been questioned at any Board hearing.

IfI, 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 earlyresponse.

Sincerely,

J. Philip Novak

Chairman,

Pollution Control Board

Cc:

Dorothy M. Gunn, Clerk

Erin

Conley, Rules

Coordinator