~:~GOVERN0R
    R.Blagojevich
    CHAJRMAN
    J
    Philip
    Novak
    SPRINGFIELD OFFICE
    ~1O21
    North
    Giand
    Ave.
    East
    P.O. Box
    19274
    Springfield. IL
    62794-9274
    217-524-8500
    FAX 2l7~524-8508
    CHICAGO
    OFFICE
    James R. Thompson Center
    100 West Randolph
    Suite
    11-500
    Chicago,1L 60601
    312-814-3620
    FAX 312-814-3669
    TYY 312-814-6032
    CLERK’S OFHCE
    DEC
    ‘~
    0
    200k
    STATE OF ~LL~NO~S
    Pollution
    ContrO~
    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:
    Setback Zone for the City of
    Marquette Heights Community
    Water SuppIy~New
    35
    111
    Adm.
    Code 618
    (R05
    09)
    Dear Director Lavin:
    The Pollution Control Board (Board) received a rulemaking proposal from
    the Illinois Environmental Protection Agency (Agency) on November
    5,
    2004.
    The
    Agency seeks to
    establish a
    1,000 foot setback zone forthe protection ofthe
    community water supply wells for the City of Marquette Heights, in Tazwell County.
    The Agency’s proposal states that it had received a letter from
    the Mayor of
    Marquette
    Heights in March, 2004 that requested this special designation.
    The letter
    was accompanied by City resolution requesting an increase in the setback zone.
    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 ofCommerce and Community Affairs) conduct a
    study of the economic impact ofthe proposed rules.
    The Department may
    within 30 to 45 days of such 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 ofsmall businesses with
    100 or less employees, and the State’s
    overall
    economy, and c) the cost per unit of pollution reduced and the
    variability ofcompany revenues expected to be used to implement the
    proposed rules; and
    WEB SITE
    ww w.ipch.state.ii.
    us
    (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
    ILLINOIS POLLUTION CONTROL
    BOARD
    December 9, 2004
    Commerce and Economic Opportunity’s explanation for not 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 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.
    IfI, or my staff, can provide you with any
    additional infonnation, 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.
    Cc:
    Dorothy M. Gunn, Clerk
    Erin Conley, Rules Coordinator
    Pollution Control Board

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