Jack Lavin, Director
Department ofCommerce and Economic Opportunity
620 East Adams Street, S-6
Springfield, Illinois 62704
CT PR~’S
OFFICE
NOV
19
2003
STATE
OF ILLINOIS
Pollution
Control Board
7-1/
Re:
Request for Economic Impact
Study for:
Proposed
Site Specific Regulation
Applicable To Ameren Energy Generating Company,
Elgin, Amending 35 Iii.
Adm. Code Part 901
Dear Director Lavin:
The Pollution Control
Board (Board) received
a rulemaking proposal on
October 28, 2003
from the Ameren Energy Generating Company (Ameren) for a
site-specific rule to amend the Board’s noise standards.
I am writing to request that
you determine whether your Department will conduct an
economic impact study
concerning this proposal
Since
1998, Section
27 (b) ofthe Environmental Protection Act has required
the Board to:
I)
“request that the Department ofCommerce and Economic Opportunity
(formerly the DepartmentofCommerce and
Community Affairs) conduct a
study ofthe economic impact ofthe proposed rules.
The Department may
within 30 to 45 days ofsuch request produce a study ofthe economic impact
ofthe proposed rules.
At
a minimum, the economic impact study shall
address a)
economic, environmental, and public health benefits that may be
achieved through
compliance with the proposed rules, b) the effects ofthe
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 ofthose
rules.
At least 20 days before the hearing, the Board shall notify the public of
the hearing and make the economic impact study, orthe Department of
Commerce and Economic Opportunity’s explanation fornot producing an
economic impact study, available to the public.
Such public hearing may be
4:
IR~\ti~J~
)\ l~(~
ILLINOIS
POLLUTION
CONTROL BOAI~
—~---—.-‘
•
.GO~RNOR
Rod
R. Blagojevich
November 17,
2003
SPRINGFIELD
OFFICE
021 North GrandAve., East
•
P.O. Box
19274
Soringfieid,IL
62794-9274
217-524-8500
•
FAX
217-524-8508
4.
•
CHJGAGO
OFFICE
ja~1)esR.Thompson Center
100 West Randolph
Suite
11-500
Chicago, ii. 60601
312-814-3620
FAX
312-814-3669
TYY
312-81 4-6032
WEB
SITE
www.ipcb.state.i Los
held simultaneously or as a part of any Board hearing considering such new
rules.”
415
ILCS
5/27(b)
(2002).
The Board has already scheduled one hearing date for this rulemaking
proposal:
December 17, 2003. I would greatly appreciate
a response from
you
concerning DCEO’s position on whether it will
perform the economic impact study
as soon
as is possible.
The Board anticipates a high volume ofrulemaking in the coming year.
Your
Department can anticipate receiving many requests
for economic studies this year.
A
review ofthe Department’s files will reveal to you that DCEOhas not conducted
any
economic studies since
1998 due to
fiscal constraints.
A review ofBoard
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. Gunn, Clerk
Em
Conley, Rules Coordinator
Sincerely,
End. R04-1
1
proposal