~V.
GOVERNOR
Rod R
Blagojevich
CHAIRMAN
~
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H
SPRE~GFIELDOFFiCE
.1021 North GrandAve. East
O;:Box
19274
...Sprin~field,IL
62794-9.274
217-524-8500
FA2I
7-524-8508
CHICAGO OFFICE
Jam~$
R. Thompson Center
100.W7esi Randolph
Suite
1.1-500
: Chicago. 1L60601
3.12-814-3620
FAX
312-814-3669
TYY 312-814-6032
4
R E CE
~V ED
CLERK’S OFFICE
J~Jt~J
18
2004
STATE OF ILLINO!S
Pollution Control
Board
Jack Lavin, Director
Department of Commerce and
Economic Opportunity
620 East Adams Street, S-6
Springfield, Illinois
62704
Re:
Request for Economic Impact
Study
for:
Interim Phosphorus Effluent
Standard.
Proposed
35
III. Adm. Code 304.123(g-k) (R04-26)
pear Director Lavin:
The Polution
Control
Board (Board) received a rulemaking proposal from
the Illinois Environmental
Protection Agency (Agency) on
May 14, 2004.
The
Agency seeks to
set an interim phosphorus
effluent standard by adding five new
subsections (g-k) to existing
35
III. Adm.
Code 304.123.
The Board
accepted the
proposal forhearing
on June 3,
2004.
1
am writing to request that your Department
conduct an economic impact study concerning this proposal.
Since
1998, Section
27 (b) of the Environmental
Protection Act has required
the Board to:
1)
“request that the Department ofCommerce and Economic Opportunity
(fonnerly 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
of the 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 fornot producing an
economic impact
study.
avaiable
to
the public.
Such public hearing may be
held simultaneously or as
a part of any Board hearing considering such new
rules.”
41
5
ILCS
5/27(b)
(2002).
V~1EBSITE
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F’
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PAPI
ILLINOIS
POLLUTION
CONTROL BOARD
June
15,
2004
The Board is
scheduling hearing dates for this rulemaking proposal.
I would
greatly appreciate
a response from you
concerning DCEO’s position on
whether it
will perform the economic impact study by June 24, 2004.
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
every rulemaking.
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.
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 early response.
Sincerely,
\~‘\
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hilip Novak
airman, Pollution Control Board
Cc:
Dorothy M.
Gunn, Clerk
Erin Conley, Rules
Coordinator
