GOVERNOR
Rod R.
Blagojevich
CHAIRMAN
J. PhilipNovak
SPRINGFIELD
OFFICE
1021
North Grand Ave. East.
P.O. Box
19274
Spnngfield.
IL
62794-9274
217-524-8500
FAX 217-524-8508
CHICAGO OFFICE
James R. Thompson Center
100 West Randolph
Suite
11-500
Chicago, IL 60601
312-814-3620
FAX 312-814-3669
TYY 312-814-6032
4
WEB SITE
wwwipcb.siate.il,us
OR~G~NAL
October 28, 2004
Jack Lavin, Director
Department ofCommerce and Economic Opportunity
620 East Adams Street, S-6
Springfield, Illinois 62704
CLERK’S
OFFICE
DEC
~‘
V
2OO~
STATE OF
ILLiNOIS
Poll~0~
Control Boarc~
Re:
Request for Economic Impact
Study for:
Standards for Universal Waste
Management (35
III.
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
their manufacture as universal waste.
The Board
has placed this proposal on its
November 4, 2004 agenda for adoption ofa first notice proposal to accommodate the
180 day statutory deadline for adoption ofthese amendments.
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 ofCommerce and Economic Opportunity
(formerly the Department of Commerce 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
ILLINOIS
POLLUTION
CONTROL BOARD
the hearing and make the economic impact study,
orthe Department of
Commerce and Economic Opportunity’s explanation fornot producing an
economic impact study, available to the public.
Such public hearingmay be
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 for this rulemaking proposal.
I would
greatly appreciate a response from you concerning DCEO’s position on whetherit
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 of Board
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,
~4L~
J
Philip Novak
hairman, Pollution Control Board
Cc:
Dorothy M.
Gunn, Clerk
Erin Conley, Rules Coordinator
