ILLINOIS POLLUTION CONTROL BOARD
    June
    4,
    1992
    IN THE
    MATTER
    OF:
    )
    )
    POTENTIALLY INFECTIOUS MEDICAL
    )
    WASTE
    (P1MW): TREATMENT,
    STORAGE,
    )
    R91-20
    AND
    TRANSFER FACILITIES and
    )
    (Rulemaking)
    TRANSPORTATION,
    PACKAGING,
    AND
    LABELLING
    (35 ILL. ADM. CODE 1420,
    )
    1430,
    and 1440)
    )
    ORDER OF THE BOARD
    (by R.
    C. Flemal):
    On May
    7,
    1992,
    the Board accepted this proposed rulemaking
    for hearing.
    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.
    The 21 days expired on May 28,
    1992.
    In this proceeding,
    the Board received written comments from
    the Illinois Environmental Protection Agency
    (Agency), filed on
    April 27,
    1992 with the proposal, and from the Department of
    Energy and Natural Resources (“Department”; P.C.#7),
    filed on Nay
    11,
    1992.
    Both commenters request that the Board determine that
    an EcIS not be prepared.
    The Agency states that representative
    members of the regulated community1 have participated in the
    development of the Agency’s proposal, and that these
    representatives will attend the hearings and present information
    on the economic reasonableness of the rule.
    The Agency has also
    presented some economic information with its proposal
    (see
    Attachments 1-10),
    and will present additional information at
    hearing.
    The Department concurs in the Agency’s comments, and
    further states that interested parties will have “ample
    opportunity to present testimony regarding technical feasibility
    and economic reasonableness during the Board’s merit hearings.”
    (P.C.#7 at 1).
    The Department further states that additional
    economic information will be available from the Agency at or
    before hearing.
    After consideration of the above comments and the proposed
    rulemaking,
    the Board presently believes that the presentation of
    Some
    of
    these
    representatives
    also
    participated
    on
    the
    Medical Waste Tracking Study Group (Study Group) formed by Governor
    Thompson.
    The
    Study
    Group
    was
    instrumental
    in
    drafting
    the
    legislation mandating the adoption of medical waste regulations.
    134—165
    2
    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.
    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
    Board, hereby certi
    that the above order was adopted on the
    I7LLZ
    day of ______________________,
    1992 by a vote of
    7 ~
    Dorothy M./Øurln, Clerk
    Illinois P~illutionControl Board
    134—166

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