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62794-9274

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217-524-8500

FAX 2l7-524~8508

CHICAGO OFFICE

James R.. Thompson Center

100 West Randoiph

Suite

11-500

Chicago. IL

60601

312-814-3620

FAX

312-814-3669

TYY 312-814-6032

+

October 28, 2004

Jack

Lavin, Director

Department ofCommerce and Economic Opportunity

620 East Adams Street, S-6

Springfield,

Illinois

62704

Re:

Request for Economic Impact

Study for:

Standards for Universal Waste

Management (35

Ill.

Ad. Code

Parts 703,

720,

721, 724, 725, 728,

and

733) (R05-

08)

Dear Director Lavin:

The Pollution Control

Board (Board) received a rulemaking proposal

from

the

Illinois Environmental Protection Agency (Agency)

on October 19, 2004.

The

Agency seeks to implement the provisions ofPublic Act

93-964

that requires the

Board to adopt

standards designating mercury switches, mercury relays, and

scientific instruments

and instructional

equipment containing mercury added during

theirmanufacture as universal waste.

I

am writing to request that your Department 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 of Commerce and Community Affairs) conduct

a

study ofthe economic impact of the proposed rules.

The Department may

within

30 to 45

days of such 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 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 for not producing an

economic impact study.

available

to the public.

Such public hearing may be

~CEgVEO

CLERKSS OFFICE

OCT 28

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

rules.”

415

ILCS

5/27(b) (2002).

The Board must complete rulemaking within

180 days ofreceipt ofthe

proposal,

i.e.

by April

18, 2005.

To

do so, the Board must take its final vote on rules

on April

7, 2005, the scheduled Board meeting immediately preceding the deadline.

The Board has placed this proposal

on its November 4, 2004 agenda for adoption of

a first notice proposal to accommodate the

I 80-day statutory deadline for adoption of

these amendments.

The Board is scheduling hearing dates in December 2004 and January 2005

for this rulemaking proposal.

I would greatly appreciate an early response from you

concerning DCEO’s position on whether it will perform the economic impact study.

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.

If 1, 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,

Ch

rman, Pollution Control

Board

Cc:

Dorothy M. Gunn,

Clerk

Erin

Conley, Rules Coordinator