ILLINOIS POLLUTION CONTROL BOARD
CLERKS O
FFICE
February 22, 2006
FEB 2 7 2006
Jack Lavin, Director
STATE OF ILLINOIS
Department of Commerce and Economic Opportunity
Pollution Control
Board
620 East Adams Street, S-6
Springfield, Illinois 62704
Re :
Request for Economic Impact Study for
: Organic Material Emission
Standards and Limitations for the Chicago and Metro-East Areas: Proposed
Amendments to 35 III. Code 218 and 219 (R06-21)
Dear Director Lavin
:
The Pollution Control Board (Board) has received a rulemaking proposal,
filed by the Illinois Environmental Protection Agency (Agency) on December 22,
2005, which seeks to amend Parts 218 and 219 of the volatile organic material
(VOM) rules to allow for the use of add-on controls
as
a compliance option for
printing operations using cold cleaning solvent degreasing. The Agency stated that it
is proposing to revise these rules rather than having four Chicago area companies,
identified as potentially. affected, file site-specific rules or variance requests
.
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) .
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
.
Sincerely,
G. Tanner Girard
Acting Chairman, Pollution Control Board
Cc: Dorothy M. Gunn, Clerk
Erin Conley, Rules Coordinator
