ILLINOIS POLLUTION CONTROL BOARD

March 28, 1991

IN THE MATTER OF:

)

STEEL AND FOUNDRY

)

 R90-26

INDUSTRY AMENDMENTS TO

)

 (Rulemaking)

THE LANDFILL REGULATIONS

(PARTS 810—815)

ORDER OF THE BOARD (by

 J. Anderson):

On December

3,

 1990,

 the Board received a Regulatory

Proposal from the Illinois Steel Group (“Steel Group”) and the

Illinois Cast Metals Association (“ICMA”).

 In its

 filing,

the

Steel Group and the

ICMA

proposed amendments

 to the development,

operating, and reporting requirements for non—hazardous waste

landfills that were developed in R88—7 and that are found at

35

Ill.

 Adm. Code 810—815.

 On February

7,

 1991,

 the Board issued a

First Notice Opinion and Order accepting the matter for hearing.

Section

 27 of the Environmental Protection Act (“Act”)

requires that the Board make

 a determination as

 to whether an

Economic Impact Study

 (“EcIS”) should be conducted.

Section 27(a)

 directs the Board to consider various factors

and also allows the Board to reconsider

 the need for an EcIS at

a

later point

 in the proceeding.

...The Board shall reach its decision based on

its

 assessment

of

the

 potential

 economic

impact

of

the

 rule,

the

 potential

for

consideration

of

the

 economic

 impact

 absent

such

 a study,

 the extent,

 if any,

 to which the

Board

is

 free

 under

the

 statute

 authorizing

the

 rule

 to modify

 the substance

of

the

 rule

based

 upon

the

 conclusions

of

 such

a

 study,

and

any

 other

 considerations

the

 Board

 deems

appropriate.

However,

 at any time prior

 to the close

of

the

 record

 during

the

 rulemaking

 proceeding,

the

 Board

may

 determine

 that

an

 economic

impact

 study

 should

be

 prepared,

if

the

proposal has been substantially modified or

if

information

in

the

 record

 indicates

 that

an

economic

 impact

 study would be advisable.

If

the

 Board determines

 that

 an economic

 impact

study

 should

be

 conducted,

the

 Department

shall

 prepare

an

 economic

 impact

 study

in

120—331

—2—

accordance with “An Act

 in relation to natural

resources,

 research,

 data

 collection

and

environmental

 studiest’,

 approved

 July

14,

1978,

 as amended.

On February 25,

 1991,

 the Department of Energy and Natural

Resources

 (“DENR”)

 filed comments as

 to whether an EcIS would be

advisable in this matter.

 (P.C.

1).

 DENR states that

 it does not

believe that an EcIS is appropriate

 in this matter.

 In support

-f its belief, DENR states that much of the information contained

in the EcIS in R88—7

 is relevant to this proceeding.

 DENR also

notes that the Steel Group and the ICMA summarized the economic

impact of each section of

 the proposed regulations,

 referenced

the R88—7

 EcIS for those regulatory sections with changes

in

impact, and provided a list of affected facilities with an

estimate

 of the number of employees at each facility.

 The Board

has received no other comments regarding the issue of an EcIS

 determination.

The Steel Group and the ICMA recommend that an EcIS not

be

conducted because the proposed regulations affect only those

companies that are members of the Steel Group and the

ICMA.

The

Steel Group and the ICMA also state that they intend

 to present

sufficient testimony at hearing regarding the economic impact of

the proposed regulations on the Illinois companies involved.

After taking the above factors into consideration, the Board

finds

 that an EcIS need not

 be performed at this time.

IT IS SO ORDERED.

I, Dorothy

 M. Gunn,

 Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on

the

 ~~‘t~day

cf

~

 1991,

 by a vote of

________

ution Control Board

Illinols

120—332