October

7,

2008

GOVERNOR

Rod

R.

Blagojevich

CHURN

Ci.

Tanner.GIrard,

Ph.D.

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

(35

Iii. Adm. Code 742)

Board

Docket

R09-9

Dear Director Lavin:

RlNGFIELD OFFICE

1 North Grand Ave. East

On September 16, 2008, the Board accepted for hearing the

above

P.O. Box

19274

captioned rrdern.aking proposal filed by the Illinois

Environmental Protection

SpringlielchiL

Agency (IEPA).

I

am writing to request that your Department conduct an

217-524-8500

economic impact study concerning this proposal.

FAX

2.1.7-524-8508

JEPA’s proposal seeks to amend the Board’s rules concerning the Tiered

Approach

to

Corrective

Action Objectives (TACO).

As IEP.A

states, the

TACO

rules

provide

“procedures for developing

remediation objectives

based on

various risks

to

human health posed

by

environmental conditions at a site.”

IEPA proposes to “add the indoor inhalation

exposure.

route

to

the existing risk

•

based

methodology.” The proposed comprehensive changes include new

CHICAGO

OFFiCE

definitions, equations, parameters, default remediation objectives, and

mechanisms or managing

the indoor inhalation pathway. IEPA. states that

the

nes

K.

Thompson

Canter

“effect

of

the p.roposed amendments is to protect building occupants from

I

00’tan1Ph

volatile

chemicals that have the potential to migrate from the soil and

Chicago,

IL 60601

groundwater to indoor air.” IEPA has also included amendments

in.

its proposal

FAX

3i28143669

•

to

“update remediation objectives for all the exposure routes.”

TYY

312-814-6032

WEB

SITE

•wwwi pclx state. thus

run nt ,,:rvvl crnApn,

ILLiNOIS

POLLUTION CONTROL

BOARD

---

2

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 Conunerce 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

in cost based on

the

size

of the

facility

and the percentage

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 new

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 arieconomic

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) (2006).

The

Board is in the

process..

of scheduling

initial

hearings

in

this rulemaking.

Although

there

is no decision deadline

in this rulemaking,

the

Board

intends to

proceed

expeditiously with

this ruletuaking,

and

asks

that you respond

to this request

as soon as you conveniently

can.

If I,

or

my

staff can provide

you with any

additional information,

please

let

me know.

Thank you in advance

for

your

prompt response.

Sincerely,

,6

14

A

G. Tanner

Gira.rd,

•

Acting

Chairman

Pollution

Control

Board.

cc:

Warren Ribley,

DCEO

John

T.

Therriault, Assistant

Clerk