ILLINOIS POLLUTION CONTROL 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: Proposed Amendments to Tiered

Approach to Corrective Action Objectives (35 111. Adm. Code 742)

The Pollution Control Board (Board) has received a rulemaking proposal

from the Illinois Environmental Protection Agency (Agency) on September 30, 2005

that proposes amendments to the Board's Tiered Approach to Corrective Action

Objectives (TACO) regulations . The proposal seeks to amend the TACO regulations

by updating and clarifying the existing rules. Additionally, the Agency stated that

technical documents that were used in drafting the rules have been updated,

necessitating amendments to the rules

.

The Agency explained in its Statement of Reasons that the proposal includes

amendments that originated from several different sources, including comments from

the regulated community to improve procedures to new standards established for

various contaminants. The amendments also seek to incorporate updated test

methods, and new toxicity criteria, The Agency stated that the purpose of the

proposed amendments is to update and improve standards and procedures so that end

users of the rules can achieve accurate data results that are protective of human

health .

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

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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 maybe

held simultaneously or as a part of any Board hearing considering such new

rules." 415 ILCS 5/27(b) (2004) .

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

.

Sincerely,

ce

" 91j,

N\~~

J. Philip Novak

Chairman, Pollution Control Board

Cc: Dorothy M. Gunn, Clerk

Erin Conley, Rules Coordinator