SPRINGFIEI p,OFFIC
1021 `T4"Grand Ave.
East'
P.O: Box 19274
Springfield, IL...
,027949274
-
217-524-8500
FAX 217-524=$508
CHICAGO OFFICE
James
R Thompson Center
100 WestRandolph
Suite 11
-500
ChicagW IL 60601 .: -
312-814-3620
FAX 312'''814-3669
1T\Ii,312-8146032
WEB SITE
www.ipcb.stnte.il.us
iA
PR!
IL± )u RIC ILIUPAI'(1<
ILLINOIS POLLUTION CONTROL BOARD
January 10, 2006
Jack Lavin, Director
Department of Commerce and Economic Opportunity
620 East Adams Street, S-6
Springfield, Illinois 62704
RECEIVED
CLERK'S OFFICE
JAN 1 3 2006
STATE OF ILLINOIS
Pollution Control Board
Re :
Request for Economic Impact Study for : Clean Construction or
Demolition Debris Fill Operations Under P .A.94-272 (35111. Adm. Code Part
1100) (R06-19)
Dear Director Lavin
:
The Pollution Control Board (Board) has received a rulemaking proposal
from the Illinois Environmental Protection Agency on November 21, 2005 . The
proposal, which is driven by statutory amendments in P.A. 94-272, seeks to add a
new Part to the Board's regulations governing the use of clean construction or
demolition debris (CCDD) as fill material in current and former quarries, mines, and
other excavations. Under the statutory timeframes of P.A. 94-272, the Board must
adopt final rules in this rulemaking no later than September 1, 2006, and thus has
already scheduled hearings in this matter for January 26, 2006 in Chicago and March
1, 2006 in Springfield .
I am writing to request that you determine whether your Department will
conduct an economic impact study concerning this proposal
.
Since 1998, Section 27 (b) of the Environmental Protection Act has required
the Board to
:
1) "request that the Department of Commerce and Economic Opportunity
(formerly the Department of Commerce and Community Affairs) conduct a
study of the economic impact of the proposed rules. The Department may
within 30 to 45 days of such request produce a study of the 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 of the
proposed rules on employment levels, commercial productivity, the economic
growth of small businesses with 100 or less employees, and the State's
overall economy, and c) the cost per unit of pollution 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 of those
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 of any Board hearing considering such new
rules." 415 ILCS 5/27(b) (2004) .
As the Board has already scheduled hearing dates for this rulemaking, I
would greatly appreciate a response from you concerning DCEO's position on
whether it will perform the economic impact study as soon as is possible . To allow
the Board to comply with the pre-hearing notice requirement of Section 27(b)(2), the
Board requests that you expedite your consideration of this issue. To allow the
Board to address the economic impact study issued at the scheduled March 1, 2006
hearing, the Board would appreciate a response by February 9, 2006
.
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 your Department's input
.
Thank you for your early response
.
Sincerely,
/ _
G. Tanner Girard
Acting Chairman
Pollution Control Board
Cc: Dorothy M. Gunn, Clerk
Erin Conley, Rules Coordinator
