ILLINOIS POLLUTION CONTROL BOARD

April

11, 1991

IN THE I~ATTEROF:

)

UTILITY INDUSTRY AMENDMENTS

)

R90-25

TO THE LANDFILL REGULATIONS

)

(Rulemaking)

(PARTS 810—815)

)

ORDER OF THE BOARD

(by J. Anderson):

On November

29,

1990, the Illinois Utility Group

(“Utility

Group”)

filed a Regulatory Proposal.

In its filing, the Utility

Group 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 March

13,

1991,

the Utility Group filed an Amended

Proposal.

On March

14,

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

accordance with “An Act

in relation

to natural

121—555

---

—2—

resources,

research,

data

collection

and

environmental

studies”,

approved

July

14,

1978,

as amended.

On March 21,

1991,

the Department of Energy and Natural

Resources

(“DENR”)

filed comments as to whether an EelS would be

advisable in this matter.

(P.C.

1).

DENR states that it does not

believe that an EelS

is necessary

in this matter.

In support of

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 Utility Group summarized the economic impact of

each section of

the proposed regulations, and referenced the R88—

7 EcIS for each proposed amendment encompassing changes

in

economic impact.

The Board has received no other comments

regarding the issue of an EcIS determination.

The Utility Group recommends

that an EcIS not be conducted

because extensive studies were provided to the Board

in R88-7 and

because

it believes that much of the information generated in the

prior EcIS,

is applicable to

its proposal.

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

//~-~-

day of

______________,

1991, by

a vote of

7

()

I

~

~.

Dorothy

M. dunn,

Clerk

Illinois Po~ilutionControl Board

12