CHAIRMAN
    J. Philip
    Novak
    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: Technical
    Correction to Formulas in
    35
    III. Adm. Code 214 “Sulfur Limitations”
    (R04-12)
    Dear Director Lavin:
    The Pollution Control Board (Board) initiated a rulemaking proposal on
    January 22, 2004 to amend the Board’s air pollution rules at
    35
    Ill. Adm. Code 214.
    These amendments in this proposal are non-substantive technical
    corrections.
    I am
    writing to request that you determine whether your Department will conduct an
    economic impact study concerning this proposal
    SPRIN(;FIELD OFFICE
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    Box
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    IL
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    FAX
    217-524-8508
    CHICAGO OFFICE
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    Suite
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    WEB SITE
    www.ipch.statc.il.us
    I’l1~I1)
    ~
    RI’CV(III
    Iii
    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 of Commerce and
    Community Affairs) conduct a
    study ofthe economic impact of the proposed rules.
    The Department may
    within 30 to
    45 days ofsuch request produce a study of the 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 ofsmall businesses with
    100 or less employees, and the State’s
    overall economy, and c) the cost per unit ofpollution reduced and the
    variability ofcompany 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 for not producing an
    economic impact study, available to
    the public.
    Such public hearing maybe
    held simultaneously or as a part ofany Board hearing considering such new
    rules.”
    415
    ILCS
    5/27(b) (2002).
    ILLINOIS
    POLLUTION CONTROL BOARD
    GOVERNOR
    March 15,2004
    Rod R.
    Blagojevich
    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 itwould not be performing studies of
    this nature in response to any current or future requests, but I note that nearly 12
    months have passed since that time.
    A review ofBoard rulemaking opinions and
    orders since then would reveal that the Department’s
    decisionnot 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
    rulemaking process without your Department’s input.
    Thank you for your earlyresponse.
    Sincerely,
    J. Philip Novak
    Chairman,
    Pollution Control Board
    Cc:
    Dorothy M. Gunn, Clerk
    Erin Conley, Rules Coordinator

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