GOVERP~OR

H

Rod R

B1ag~jevich

CHAIRMAN

J

Philip

Novak

~PR1NGFIELD

OFFICE

b021

North

Grand Ave. East

•

P.O. Box

19274

Springfield,

IL

•

62794-9274

•217-524-85Q0

FAX 217-524-8508

4

CHICAGO OFFICE

~Jarnes

R.

Thompson Center

100 West Randolph

Suite

11-500

Chicago,

IL

60601

312-814-3620

FAX

312-814-3669

TYY

312-814-6032

4

Jack Lavin, Director

Department ofCommerce and Economic Opportunity

620 East Adams Street, S-6

Springfield, Illinois 62704

Re:

Request for Economic

Impact Study for: In the Matter of: Clean-Up

Part III, Amendments to

35

Iii. Adm. Code Part

211, 218,

and

219

(R04-20)

Dear Director Lavin:

The Pollution Control Board (Board) received a rulemaking proposal on

January 6, 2004, from the Illinois Environmental Protection Agency (Agency) to

amend the Board’s air pollution rules at

35

Ill. Adm.

Code 211, 218, and 219.

The

Agency describes the proposed amendments as non-substantive corrections

and

updates; “simply a ‘clean-up” that will “reduce the burden” of, and

“increase the

flexibility” in, demonstrating compliance.

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:

1)

“request that the Department ofCommerce and Economic Opportunity

(formerly the Department ofCommerce 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, or the Department of

Commerce

and Economic Opportunity’s explanation fornot producing an

economic impact study,

available to the public.

Such public hearing may be

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ILLINOIS

POLLUTION CONTROL BOARD

February 17, 2004

CLERK’S OFFICE

FEB

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STATE OF ILUNOIS

Pollution Control Board

---

held simultaneously or as a part ofany Board hearing considering such new

rules.”

415 ILCS

5/27(b)

(2002).

The Board has already scheduled hearing dates for this rulemaking proposal:

March

18, 2004 and May 6, 2004. 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 DCEO has not conducted any

economic studies since

1998 due to

fiscal constraints.

I am aware ofthe

Department’s April 2003

letter indicating that it would not be performing studies of

this

nature in response to any current or future requests, ‘but I note that nearly

12

months havepassed since that time.

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.

IfI, 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

rulemakingprocess without your Department’s input.

Thank you for your early response.

Sincerely,

J. Philip Novak~

Chairman, Pollution Control Board

Cc:

Dorothy M.

Guim, Clerk

Erin Conley, Rules Coordinator