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    PRINIFf~U”~
    ~
    ~-1)
    May 11,2004
    ©~U~
    ~~i~L
    ILLINOIS POLLUTION
    CONTROL BOARD
    RECEIVED
    CLERK’S OFFICE
    MAY
    132004
    STATE OF ILLINOIS
    Pollution
    Control Board
    Jack Lavin, Director
    Department ofCommerce and Economic Opportunity
    620 East Adams Street, S-6
    Springfield, Illinois 62704
    Re:
    Request for Economic Impact Study for:
    Proposed Amendments to
    Dissolved Oxygen Standard
    35
    III. Adm. Code
    302.206
    (R04-25)
    Dear Director Lavin:
    The Pollution Control Board (Board) received a rulemaking proposal on
    April
    19, 2004,
    filed by the Illinois Association ofWastewater Agencies (IAWA).
    The proposal seeks to
    amend the Board’s general use water quality regulations that
    establish
    standards for levels ofdissolved oxygen.
    The Board accepted the proposal
    for hearing on
    May 6, 2004.
    1 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 of Commerce and Economic Opportunity
    (formerly the Department ofCommerce and Community Affairs) conduct a
    study of the 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 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).
    The Board is scheduling hearing dates forthis rulemaking proposal.
    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 appreciates DCEO’s recent timely and considered response to
    similar requests we have made concerning other pending rulemakings.
    The Board
    appreciates that fiscal constraints may prevent DCEO from conducting economic
    studies in
    everyrulemaking.
    But, as I have pointed out before, 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.
    Sincerely,
    ~.
    1~hilip
    Nov k
    ~l1airman,Pollution
    Control Board
    Cc:
    Dorothy M. Gunn, Clerk
    Em
    Conley, Rules
    Coordinator

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