r~~:
    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
    iT~
    ~V
    CLEiRK’S OFFICE
    ~
    STATE
    OF ~LL~1OIE~
    po~Ut~ort
    corttt~cI
    Eioa~c~
    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

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