Warren

Ribley,

Director

Department

of

Commerce

and Economic

Opportunity

620 East

Adams

Street,

S-6

Springfield,

Illinois 62704

iL

302009

Re:

Request

for

Economic

Impact

Study

for:

Ameren

Ash Pond

Closure

Rules

(Hutsonville

Power

Station):

Proposed

35 Ill.

Adm. Code

840.101

through

840.144,

(R09-21)

Dear Director

Ribley:

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Chicagc.

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60601

312-814-3620

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312-814-6032

WEB SITE

wwipcbstteiLus

On

June 18, 2009,

the

Board

accepted

a proposal

for hearing

in Ameren

Ash

Pond Closure

Rules

(Hutsonville

Power

Station):

Proposed

35 Ill.

Adm.

Code

840.101 through

840.144,

(R09-21).

This rulemaking

was filed with

the Board

on

May

19,

2009, by Ameren

Energy

Generating

Company

(Ameren).

Ameren

proposes

a

new subchapter

in

the

Board’s

waste

disposal

regulations

to

address the

closure of

surface impoundments.

Specifically,

Ameren

seeks

the adoption

of

regulations

through

which

it

can close

Ash Pond D

at its

Hutsonville

Power

Station

(Station)

near Hutsonville,

Crawford

County.

I

write

to

request

that your

Department

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

June 30,

2009

CLERK’S

cv

OFFICE

STATE

OF

ILLINOIS

Pollution

Control

Board

---

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)

(2008).

The

Board

is

in the

process

of scheduling

a hearing

in

this

rulemaking.

Although

there

is

no decision

deadline

in

this

rulemaking,

the

Board

intends to

proceed

expeditiously

with

this rulemaking,

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,

G.

Tanner

Girard

Acting

Chairman

Pollution

Control

Board

cc: John

T. Therriault,

Assistant

Clerk

of the Board