ILLINOIS POLLUTION CONTROL BOARD

September

28, 1989

IN THE MATTER OF:

)

IDENR SPECIAL WASTE

)

R 89-13A

CATEGORIZATION STUDY

)

ORDER OF THE BOARD

(by J.

Anderson):

On August 10,

1989,

the Pollution Control Board adopted an

Order containing a First Notice proposal for rulemaking and

ordered the Hearing Officer

to promptly schedule and conduct

appropriate hearing.

Hearings were held September

1,

1989,

and

September

14,

1989;

a third hearing date was reserved but was

found to be unnecessary.

In addition to testimony received at

hearing,

the Board has received three comments to date.

The

deadline for public comment on the Part 808

(35 Ill. Adm.

Code

808) proposal

is October 10,

1989,

the deadline for public

comment on the Part 809

(35

Ill. Mm.

Code

809) proposal

is

October 16,

1989.

Pursuant

to Section 27(a)

of the Environmental Protection

Act

(Act), within 21 days of the date the Board accepts

a

proposal for hearing, any person may request

the Board

to

determine that an Economic Impact Study

(EcIS) should or

should

not be prepared.

In addition, Section 27(a) provides that within

60 days of the date the Board accepts a proposal

for hearing, the

Board must determine whether an EcIS should be conducted.

Section 27(a)

further states

in relevant part:

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.

The

Board

may,

in

addition,

identify

specific

issues

to

be

addressed

in

the study.

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

1O3~687

---

—2—

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 resources,

research

data

coliction

and

environmental

studiest1, approved July 14,

1978, as amended.

Based upon these statutory considerations,

the Board today

decides that an EcIS need not be prepared at this time.

At the

outset, the Board notes

that no person has requested an EcIS

during the 21 day period allowed by Section 27(a)

of the Act.

Further,

the proposed rules envision a purely voluntary system,

so that any economic impact on the regulated community would be

self—imposed and would be incurred in the hope of securing

a

measure of

relief from current regulatory requirements.

Finally,

at hearing there was testimony as

to the potential economic

impact upon the Agency;

the Board believes this testimony

is

sufficient for the purpose of considering the economic impact

upon the Agency.

The Agency and other participants are, of

course, free to augment the hearing record in this regard during

the remainder of the First Notice comment period.

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 ~jday

of,-~-~.

,

1989,

by a vote of

~

/7L

~

Dorothy

14.

Gunh,

Clerk

-

Illinois Pollution Control Board

1O3-6~33