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GOVERNOR
Rod R
Blagojevich
CHAIRMAN
~~i;Phi1ipNovak
~PRINGFIELD
OFFICE
ri
021
North
Grand
Ave. East
P.O.
Box
19274
Springfield.
IL
62794-9274
217-524-8500
FAX.217-524-8508
:CHICAGO OFFICE
James R.
Thompson Cenlei
100 West Randolph
Suite
11-500
Chicago, IL 60601
312-814-3620
FAX 312-814-3669
TYY 312-814-6032
4
ORIGINAL
WEB SITE
www.ipch.state.i
us
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ILLINOIS
POLLUTION
CONTROL
BOARD
December 9, 2004
C
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CLEiRK’S OFFICE
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STATE
OF ~LL~1OIE~
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Jack Lavin, Director
Department ofCommerce
and Economic Opportunity
620 East Adams Street, S-6
Springfield,
Illinois 62704
Re:
Request for Economic Impact Study for:
Bacteria
(E-Coli) Water Quality
Standards for Lake Michigan and Mississippi River, Proposed Amendments to
35
III. Adin. Code 302
and 303
(R05-10)
Dear Director Lavin:
The Pollution Control
Board (Board) received a rulemaking proposal from
the Illinois Environmental Protection Agency (Agency) on November 8, 2004.
The
Agency proposal seeks to amend the Board’s waterquality standards to
include
bacteria standards for the Great Lakes and Mississippi River.
These amendments
have been proposed in order to comply with two separate federal
actions.
The great
Lakes portion ofthe rulemaking fulfills Illinois’ obligation to have in place bacteria
standards that mirror the standards adopted by the United States Environmental
Protection Agency (USEPA).
The Mississippi River portion ofthe rulemaking stems
from an agreement between USEPA and the Sierra Club for all states on the upper
Mississippi River to have E.
coli standards.
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 ofthe 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 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 maybe
held simultaneouslyor as a part ofany Board hearing consideringsuch 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 otherpending 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.
Srnc~y,~
Philip Novak
Chairman, Pollution Control
Board
Cc:
DorothyM.
Gunn, Clerk
Erin Conley, Rules Coordinator