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3pcbstate.ii.us
ILLINOIS POLLUTION CONTROL BOARD
February 22, 2006
RECEIVE D
OFFICE
Jack Lavin, Director
FED 2 7 2006
Department of Commerce and Economic Opportunity
620 East Adams Street, S-6
STATE OF
ILLINOIS
Springfield, Illinois 62704
Pollution Control Board
Re :
Request for Economic Impact Study for : Proposed Amendments to the
Board's Special Waste Regulations Concerning Used Oil, 35 Ill. Adm. Code 808,
809 (R06-20)
Dear Director Lavin :
The Pollution Control Board (Board) has received a rulemaking proposal on
December 13, 2005, from NORA, which states that it is an association of responsible
recyclers formerly known as the National Oil Recycling Association . The proposal
seeks to amend Parts 808 and 809 of the Board's regulations concerning special
waste classifications and nonhazardous special waste hauling as they pertain to used
oil recycling in Illinois.
In its proposal, NORA stated that the federal government in 1985 and 1992
promulgated rules governing management and transportation of used oil. NORA
further stated that the Board adopted those rules in 1993 as Part 739 of its regulations
through "identical in substance" rulemaking.
see
35 Ill. Adm. Code 739; R93-4,
RCRA Update, USEPA Regulations, July 1 . 1992 through December 31 . 1992,
(Sept. 23, 1993). According to NORA, "most states have adopted the federal used
oil recycling rules
.
.
. as the sole regulatory requirements governing the management
of used oil," and Part 739 should reflect 40 C .F.R. 279. However, because Illinois
had adopted special waste rules before Part 739, NORA argued that state regulations
are not genuinely "identical in substance" to the federal rules . Specifically, NORA
stated that, by treating used oil as a special waste, Illinois requires actions such as
manifesting used oil during transportation that are not required by federal
regulations. In this rulemaking, NORA is proposing that the Board eliminate the
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special waste hauling and manifestin requirements for used oil
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I am writing to request that you determine whether your Department will
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st4-3669
conduct an economic impact study concerning this proposal.
-8 P4-6033 .
Since 1998, Section 27 (b) of the Environmental Protection Ac 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) .
The Board is currently in the process of scheduling hearings in this matter . I
would greatly appreciate a response from you concerning DCEO's position on
whether it will perform the economic impact study. 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 .
G. Tanner Girard
Acting Chairman, Pollution Control Board
Cc: Dorothy M. Gunn, Clerk
Erin Conley, Rules Coordinator
