GOVERNOR
Rod R. Blagojevich
•
CR4IRMAN
Ci . TadherGirard, Ph .D .
SPRINGFIELD OFFICE
1021 North Grand Ave . East
P
.O . Box 19274
Springfield, IL-
62794-9274
217-524-8500
FAX 217-524-8508
- .CHICAGO OFFICE
James R . I hompsoi Center
1011 West Randolph
Suite. 11 -500
Cicago, IL 60601
312414-3020
FAX 3124,14-3669
TYYt312-814-6032
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ILLINOIS
POLLUTION
CONTROL
BOARD
CLERK
OFFICE
MAY 0 4
2007
Pol
ut
on ControlNB~
d
May 2, 2007
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 the
Board's Procedural Rules and Underground Storage Tank Regulations to
Reflect P.A. 94-0274.P.A.94-0276,andP.A.94-0824 (35Ill
.Adm. Code
101
.202, 732.103, 732
.702, 734.115. 734.7102, (R07-17)
Dear Director Lavin :
On April 19, 2007, the Board on its own initiative adopted a first notice
opinion and order to update its regulations to reflect recent statutory changes
. The
amendments include adding the sixteenth exception to the definition of "pollution
control facility" to the Board's procedural rules
. In the Board's underground storage
tank program rules, the proposal amends the definition of "owner" and clarifies the
significance of the Illinois Environmental Protection Agency's issuance of an NFR
letter as it relates to offsite contamination. I am writing to request that your
Department conduct an economic impact study concerning this proposal
. The Board
has scheduled hearings in this rulemaking for Wednesday, May 16, 2007 and
Thursday, June 7, 2007 . 1 would greatly appreciate a response from you concerning
DCEO's position on whether it will perform the economic impact study by Monday,
May 21, 2007 .
Since 1998, Section 27 (b) of the Environmental Protection Act has required
the Board to :
1) `request that the be$artment of Co
nomrc
ni
(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
ORIGINAL
(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 stated earlier, the Board
has scheduled hearings in this rulemaking and would prefer to have a response from
your Department by May 21, 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,
G. Tanner Girard
Acting Chairman
Pollution Control Board
cc
: Warren Ribley, DCEO
John T . Therriault, Assistant Clerk of the Board
