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CNICAGO, tOFFICE

James R . Thompson Center

100 West ndolph .

Chicago;'

L 60601

312-R14-3620

FAX 31

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2-814-3669

1-YY,312-814-6032

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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 Amendmentsto Solid

Waste Landfill Rules,35 Ill . Adm. Code 810 and 811, (R07-8)

On August 17, 2006, the Board accepted for hearing a proposal filed by the

Illinois Chapter of the National Solid Wastes Management Association (NSWMA)

to amend the Board's solid waste disposal regulations

. I am writing to request that

your Department conduct an economic impact study concerning this proposal

. The

Board is currently in the process of scheduling hearings in this rulemaking

.

When filing this rulemaking proposal the NSWMA stated that it is "a not-for-

profit trade association representing companies that provide solid, hazardous, and

medical waste collecting, recycling, and disposal services ." According to NSWMA,

the proposal seeks to update the Board's regulations to reflect current solid waste

disposal practices, and noted that many of the rules proposed for amendment have

been in effect since 1990

. NSWMA stated that its proposal reflects both practical

experience with implementing these regulations and increased technical and

scientific knowledge. NSWMA described its proposal as "the culmination of almost

seven years of discussions" with the Illinois Environmental Protection Agency

(Agency). NSWMA stated that the Agency "supports and concurs with all of the

proposed amendments ."

NSWMA stated that it expects the following benefits to result from adoption

of its proposal

. First, "it will eliminate or modify certain regulations that are no

longer technically reasonable in that they do not reflect current and accepted practice

in the industry

." Second, NSWMA believes that the proposal will generate more

accurate data, leading to improved regulatory decision-making and environmental

protection

. Third, NSWMA believes that the proposal will improve efficiency both

for the Agency and for regulated solid waste facilities

.

Since 1998, Section 27 (b) of the Environmental Protection Act has required

the Board to:

RECEIVEDCLERK'S

OFFICE

NOV 2 7 2006

Pollution

STATE OF

Control

ILLINOIS

Board

---

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) .

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

. As

stated earlier, the Board is in the process of scheduling hearings in this rulemaking

and would prefer to have a response from your Department by January 8, 2007, to

present at these hearings .

If 1, or my staff, can provide you with any additional information, please let

me know.

Thank you for your early response.

Sincerely,

~~uaD

G. Tanner Girard

Acting Chairman

Pollution Control Board

Cc: Warren Ribley, DCEO

Dorothy M . Gunn, Clerk of the Board