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    Board
    April
    9, 2003
    —
    2 /
    Jack Lavin, Acting Director
    Department of Commerce and
    Community Affairs
    620 East Adams Street, S-6
    Springfield, Illinois 62704
    Re:
    Request for Economic Impact Study for
    In the Matter
    of: Amendments to 35
    111. Adm. Code
    602.105, 602.106,
    602.108, and 602.115
    Dear Director Lavin:
    The Pollution Control Board (Board) has initiated a rulemaking to amend its
    public water supply regulations at
    35
    111. Adm. Code 602.
    1 am writing to request
    that you determine whether your Departmentwill conduct an economic impact study
    concerning this proposal
    On April
    7, 2003
    the Illinois Environmental
    Protection Agency (Agency)
    filed a proposal to amend the Board’spublic water supply (PWS) rules for restricted
    status/standards of
    permit
    issuance
    as they apply to maximum contaminant levels
    restrictingradium and gross alpha particle activity in
    drinking
    water.
    This will allow
    the Agency to continue issuing permits to
    PWS
    who are under
    1) enforceable court
    orders, or 2) compliance commitment
    agreements that include schedules for
    compliance with these standards.
    This would
    extend
    rules
    originally adopted by the
    Board in Docket R96-l 8, written to “sunset” as of the effective date of the new
    USEPA radionuclide standards:
    December
    8, 2003.
    Since 1998, Section 27 (b) ofthe Environmental Protection Act has required
    the Board to:
    1)
    “request that the Department of Commerce and Community Affairs
    conduct a study of the economic impact of the proposed rules.
    The
    Department may within
    30 to 45
    days of such request produce a study ofthe
    economic impact of the proposed rules.
    At a minimum, the economic impact
    study shall address A) economic, environmental, and public health benefits
    that maybe achieved through compliance with the proposed rules,
    B) the
    effects of the proposed rules on employment
    levels,
    commercial productivity,
    the economic growth of small businesses with 100 or less employees,
    and the
    State’s overall economy, and C) the cost per unit ofpollution reduced and the
    variability of company revenues expected to be used to implement the
    proposed rules; and
    (2)
    conduct at least one public hearing on
    the economic impact of those
    rules.
    At
    least 20
    days before the hearing, the Board shall notify the public of
    the hearing arid make the economic impact study, or the Department of
    Commerce and
    Community Affairs’ explanation for not producing an
    economic impact study, available to the public.
    Such public hearing may be
    held simultaneously or as a part of any Board hearing considering such new
    rules.”
    415 ILCS
    5/27(b)
    (2002).
    The Agency has asked the Board to proceed with this proposal expeditiously.
    The Board has scheduled two hearings
    on this rulemaking proposal for May
    8, 2003
    and
    May
    15, 2003.
    The Board would like to consider your Department’s response
    to
    this request at the May
    15,
    2003 hearing.
    The Board anticipates a high volumc
    of
    rulemaking
    in the coming
    year.
    Your
    Department can anticipate receiving many requests for economic studies this year.
    A
    review of the Department’s files will reveal to you that DCCA has not conducted any
    economic studies since 1998 due to fiscal constraints.
    A review of Board
    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.
    If
    I, 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 early response.
    ~
    Tom Johnson
    Chairman, Pollution Control
    Board
    Cc:
    Dorothy
    M.
    Guun,
    Clerk
    Erin Conley, Rules Coordinator
    End. R03-21 proposal

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