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On
August
6,
2009,
the
Board
accepted
for
hearing
a
rulemaking entitled:
Request
for
Economic
Impact
Study
for:
Financial
Assurance
Instruments—
Renewal
and
Terms:
Amendments
to
35
Ill.
Adm.
Code 807.Subpart
F,
8
10.104,
and
81 1.Subpart
G.
I am
writing
to
request
that your
Department
conduct
an
economic
impact
study
concerning
this
proposal.
The
proposal
filed
by the
Illinois
Environmental
Protection
Agency
(Agency),
seeks
to
revise
various
provisions
of the
non-hazardous
waste
landfill
financial
assurance
rules.
The
Agency
explained
that
the
amendments
would
(1)
add
evergreen
renewal
language
to bonds
and
letters
of
credit
used to
provide
landfill
financial
assurance;
and
(2) shorten
the
required
minimum
term
of these
instruments.
The
Agency
further
stated
that
the revisions
would
make
the
landfill
financial
assurance
rules
more
consistent
with
the
similar
provisions
pertaining
to hazardous
waste
and other
facilities.
The
Agency
added
that
the
amendments
would
reduce
the
burden
of administering
the
solid
waste
landfill
regulations
and shifi
more
of the
burden
of assuring
continuity
of
financial
assurance
coverage
onto regulated
facilities.
The
Board
is in
the
process
of
scheduling
hearings
in
this rulemaking,
and
expects
to hold
them
within
the
next 60
days.
There
is no decision
deadline
in
this
rulemaking,
the
Board
has not
received
a
request
to
expedite
the
review
of
the
rule.
The
Board
will proceed
to
first
notice
under
the Illinois
Administrative
Procedure
Act
(5 ILCS
100/5
et.
seq. (2008))
in the
near future.
The
Board
requests
that
you
respond
to this
request
as soon
as
you conveniently
can.
I
ILLINOIS
POLLUTION_CONTROL
BOARD
I
.4
October
5,
2009
Warren
Ribley,
Director
Department
of Commerce
and Economic
Opportunity
620
East
Adams
Street,
S-6
Springfield,
Illinois
62704
OCT05
2009
Re:
Request
for
Economic
Impact
Study
for: Financial
Assurance
Instruments—Renewal
and Terms:
Amendments
to 35
Ill.
Adm.
Code
807.Subpart
F,
810.104,
and 81
1.Subpart
G, R10-9
Dear
Director
Ribley:
Pol
STATE
OF
ILLINOIS
0
,,
Control
Board
2
Since
1998, Section
27 (b) of
the Environmental
Protection
Act
has
required
the Board
to
do
the
following:
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) (2008).
If
my
staff
or I can
provide you
with
any
additional
information,
please
let me
know.
Thank
you in
advance
for your
prompt
response.
Sincerely,
/.
:7
G.
Tanner
Girard,
Acting
Chairman
Pollution
Control
Board
cc:
John
T.
Therriault,
Assistant
Clerk
