GOVERNOR
Blagojevich
CHAIRMAN
lip Novak
+
SPRINGFIELD OFFICF
~1O21
North Grand Ave. East
P.O.
Box
19274
Springfield,
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;
December
9, 2004
WEB SITE
www.ipch.state .11
us
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ILLINOIS
POLLUTION CONTROL
BOARD
CLERK’S OFFICE
ORIG!N~A1
DEC
1
a
2OO~i
STATE OF ILLtNOIS
Pollution Control Board
Jack Lavin, Director
DepartmentofCommerce and Economic Opportunity
620 East Adams Street, S-6
Springfield,
Illinois
62704
Re:
Request for Economic Impact Study
for:
Amendments to 35
III. Adm.
Code
205, Emissions Reduction Market
System,
and
35
III. Adm. Code 211
(R05-11)
Dear Director Lavin:
The Pollution Control Board (Board) received a rulemaking proposal from
the Illinois Environmental Protection Agency (Agency) on November 19, 2004.
The
Agency seeks to ensure that the Emissions Reduction MarketSystem (ERMS)
program remains in place in its
current form so as to maintain the required volatile
organic material
emissions reductions in the Chicago area.
The proposed rule would
modify the applicability provisions and clarify other related provisions as a result of
the June
15,
2005
implementation of the 8-Hour Ozone National Ambient Air
Quality Standard and the revocation ofthe 1-Hour Ozone National Ambient Air
Quality Standard by the United States Environmental Protection Agency.
The Board
has adopted a first notice
opinion and order without commenting
on the merits ofthe
proposal on December 2, 2004 in order to meet the federal rule change ofJune
15,
2005.
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 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 maybe
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
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
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.
If I, 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 yourDepartment’s input.
Thank you for your early response.
Sincerely,
L~
J.
hilip Novak
airman, Pollution Control Board
Cc:
Dorothy M. Gunn, Clerk
Erin Conley, Rules
Coordinator
