CLERK’S

cv

OFFICE

U

b

2flq

STATE OF

WLINOIS

Pollution

Control

Boirc

Re:

Request

for Economic

Impact

Study

for:

Reasonably

Available

Control

Technology

(RACT)

for

Volatile

Organic

Material

Emissions

from Group

III

Consumer

& Commercial

Products:

Proposed

Amendments

to

35 Iii.

Adm.

Code

218

and 219 (Ri

0-10)

Dear

Director

Ribley:

On

November

5,

2009, the

Board

accepted

for hearing

a proposal

entitled

Reasonably

Available

Control

Technology

(RACT)

for Volatile

Organic

Material

Emissions

from

Group

III

Consumer

& Commercial

Products:

Proposed.

Amendments

to 35 Ill.

Adm. Code

218

and 219

(Board

Docket

Rb-b).

Generally,

the Agency

proposes

to adopt air

pollution

regulations

to

control emissions

of

volatile

organic

material

from

Group

III Consumer

&

Commercial

Products

in

ozone

nonattainment

areas

classified

as

moderate

and above.

Group III

includes the

following

product

categories:

paper,

film,

and foil

coatings;

metal

furniture

coatings;

and large

appliance

coatings.

I

write

to

request that

your

Department

conduct

an

economic

impact study

concerning

this proposal.

This

rulemaking

was

filed

with the

Board on

October

23,

2009,

by

the Illinois

Environmental

Protection

Agency

under

the “fast-track”

rulemaking

authority

at

Section

28.5 of the

Act,

which

was

recently

re-enacted

by

Public

Act

96-0308,

effective

August

11,2009.

Section

28.5

requires

the Board

to proceed

toward

adoption

of the proposed

regulations

by

meeting a series

of

strict

deadlines.

Specifically,

the

Board must

hold at least

two, and

possibly

three,

hearings

on the

proposal.

Additionally,

the

Board

must

submit the

proposcd

amendments

to the

Joint

Committee

on Administrative

Rules

on or before

either

March 2,

2010, or

March

22, 2010

(130 or 150

days after

the

proposal’s

filing),

depending

on whether

the

Board holds

two or

three hearings.

The Board

has

scheduled

hearings

in

this

rulèmakinto

begin

on December

9, 2009,

January 6,

2010,

and

January

20,

2010.

The Board

respectfully

requests

that your

Department

expedite

its

determination

whether

it

will

conduct

an economic

impact

study

on the

proposal

and respond

no

later

than

Tuesday,

December

15, 2009.

Since 1998,

Section

27(b) of

the Environmental

Protection

Act

has

required

‘i

theBoardto:

POLLUTION

CONTROL

BOARD

GovERjoR

November

5, 2009

G.

TaañerGirtd,

Ph.D.

Warren

Ribley,

Director

Department

of Commerce

and Economic

Opportunity

620 East Adams

Street,

S-6

Springfield,

Illinois 62704

---

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

priucing

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

intends

to

proceed

promptly

with

this

rulemaking

as

required

by

Section

28.5

of

the Act,

and

asks that

you determine

whether

DCEO

will

conduct

an

economic

impact

study

on the

proposal

and

respond

no later

than

Tuesday,

December

15,

2009.

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,

A

G.

TannexGirard

Acting

Chairman

Pollution

Control

Board

cc:

John T.

Therriault,

Assistant

Clerk

of the

Board