ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
a)
Parts (Headings and Code Citations):
GENERAL RULES (35 Ill. Adm. Code 101)
REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS (35 Ill.
Adm. Code 102)
ENFORCEMENT (35 Ill. Adm. Code 103)
REGULATORY RELIEF MECHANISMS (35 Ill. Adm. Code 104)
APPEALS OF FINAL DECISIONS OF STATE AGENCIES (35 Ill. Adm. Code 105)
PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS
(35 Ill. Adm. Code 106)
PETITION TO REVIEW POLLUTION CONTROL FACILITY SITING DECISIONS
(35 Ill. Adm. Code 107)
ADMINISTRATIVE CITATIONS (35 Ill. Adm. Code 108)
TAX CERTIFICATIONS (35 Ill. Adm. Code 125)
IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-
DISCLOSABLE INFORMATION (35 Ill. Adm. Code 130)
1)
Rulemaking: R04-08
A)
Description:
The Board is preparing a rulemaking to amend its procedural regulations
to allow for electronic filings in all Board proceedings through the Board’s
new “Clerk’s Office On-Line” (COOL). The Board’s new filing
procedure will allow for electronic filings and payment of filing fees.
B)
Statutory authority:
Implementing Sections 5, 7.1, 7.2, 26, 27, 28, 29, 31, 32, 33, 35, 36, 37,
38, 40, 40.1, 40.2, 41, and 58.7 of the Environmental Protection Act (Act)
[415 ILCS 5/5, 7.1, 7.2, 26, 27, 28, 29, 31, 32, 33, 35, 36, 37, 38, 40, 40.1,
40.2, 41, and 58.7] and authorized by Sections 26 and 27 of the Act [415
ILCS 5/26 and 27].
C)
Scheduled meeting/hearing dates:
None scheduled at this time. Section 28 of the Act does not require public
hearings concerning procedural rules. While the Board does not currently
plan to schedule hearings in this rulemaking, the Board would conduct
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JANUARY 2007 REGULATORY AGENDA
such hearings if the level of public interest indicates that public hearings
are desirable.
D)
Date agency anticipates First Notice:
The Board anticipates First Notice publication of the proposed rules in the
Illinois Register
in the Spring or Summer 2007.
E)
Effect on small business, small municipalities, or not-for-profit
corporation:
There may be an effect on any small business, small municipality, or not-
for-profit corporation that appears before the Board in any type of
proceeding or which seeks to contact the Board for any reason, including
to inspect and copy Board records. Proceedings before the Board include
enforcement actions, rulemaking proceedings, variance proceedings,
adjusted standard proceedings, site-specific rulemaking proceedings,
permit appeals, pollution control facility siting appeals, and any other
actions provided by law.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name:
Erin Conley, Rules Coordinator
Address:
Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Telephone:
217-782-2471
Internet:
conleye@ipcb.state.il.us
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
G)
Related rulemakings and other pertinent information:
No other presently anticipated proceedings would affect the text of Parts
101 through 130.
b)
Part (Heading and Code Citation):
Definitions and General Provisions (35 Ill. Adm. Code 211)
1)
Rulemaking: Docket number R07-10
A)
Description:
Section 9.1(e) of the Environmental Protection Act [415 ILCS 5/9.1(e)]
mandates that the Board update the Illinois definition of volatile organic
material (VOM) to reflect the additions made by the United States
Environmental Protection Agency (USEPA) to the list of compounds
exempt from regulation as ozone precursors. Those compounds are
determined by USEPA to be exempt from regulation under the state
implementation plan (SIP) for ozone in the federal “Recommended Policy
on the Control of Volatile Organic Compounds” (Recommended Policy)
due to their negligible photochemical reactivity. On February 3, 1992 (57
Fed. Reg. 3945), USEPA codified its definition of VOM at 40 CFR
51.100(s), which now embodies the former Recommended Policy. This
codified definition now includes all the compounds and classes of
compounds previously exempted in the former Recommended Policy.
The Illinois definition of VOM is presently codified at 35 Ill. Adm. Code
211.7150.
The Board has reserved docket number
R07-10 to accommodate any
federal amendments to the 40 CFR 51.100(s) definition of VOM that
USEPA may make in the period July 1, 2006 through December 31, 2006.
At this time, the Board is not aware of any federal amendments to the
federal definition of VOM that occurred during this update period.
The Board will verify the existence of any federal actions and the Board
action required in response to each in coming weeks, by about mid-
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JANUARY 2007 REGULATORY AGENDA
February 2006. The Board will then propose corresponding amendments
to the Illinois definition of VOM using the identical-in-substance
procedure or dismiss docket R07-10, as necessary and appropriate.
Section 9.1(e) mandates that the Board complete amendments within one
year of the date on which USEPA adopted the earliest action upon which
the amendments are based. In docket R07-10, if the earliest federal
amendments in the applicable period were assumed to have occurred on
the first day of the update period, on July 1, 2006, the due date for Board
adoption would be July 1, 2007.
B)
Statutory authority:
Implementing and authorized by Sections 7.2, 9.1(e), and 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 9.1(e) & 27].
C)
Scheduled meeting/hearing dates:
None scheduled at this time. The Board will vote to propose any
amendments at an open meeting in accordance with requirements
established by Sections 27 and 28 of the Act [415 ILCS 5/27 & 28]. The
Board will then schedule and conduct at least one public hearing, as
required by Section 118 of the federal Clean Air Act (42 USC § 7418) for
amendment of the Illinois ozone SIP.
D)
Date agency anticipates First Notice:
The Board cannot project an exact date for publication at this time. The
Board expects to verify any federal actions by mid-February 2006, after
which time the Board will propose any amendments to the Illinois
definition of VOM that are necessary in response to the federal
amendments that have occurred. If the due date for Board adoption of
amendments in this docket were assumed to be July 1, 2007, for the
purposes of illustration, the Board would vote to propose amendments and
cause a Notice of Proposed Amendments to appear in the
Illinois Register
by early April 2007. This would be sufficiently in advance of the due date
to allow the Board to accept public comments on the proposal for 45 days
before acting to adopt any amendments. Alternatively, if no amendment
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JANUARY 2007 REGULATORY AGENDA
to the Illinois definition is needed, the Board will promptly dismiss this
reserved docket.
E)
Effect on small business, small municipalities, or not-for-profit
corporations:
This rulemaking may affect any small business, small municipality, or not-
for-profit corporation that engages in the emission of a chemical
compound that is the subject of a proposed exemption or proposed
deletion from the USEPA list of exempted compounds.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking,
noting docket number R07-10, as follows:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R07-10, as follows:
Name:
Michael J. McCambridge, Attorney
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone:
312-814-6924
Internet:
mccambm@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
No other presently known proceeding would affect provisions of Part 211.
Section 9.1(e) of the Environmental Protection Act [415 ILCS 5/9.1(e)]
provides that Title VII of the Act and Section 5 of the Administrative
Procedure Act (APA) [5 ILCS 100/5-35, 40] shall not apply. Because this
rulemaking is not subject to Section 5 of the APA, it is not subject to First
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POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
Notice or to Second Notice review by the Joint Committee on
Administrative Rules. Rather, the Board will cause a Notice of Proposed
Amendments to appear in the
Illinois Register
, and it will accept public
comments on the proposal for 45 days after the date of publication.
c)
Parts (Headings and Code Citations):
PERMITS AND GENERAL PROVISIONS (35 Ill. Adm. Code 201.146)
DEFINITIONS AND GENERAL PROVISIONS (35 Ill. Adm. Code 211)
NITROGEN OXIDES EMISSIONS (35 Ill. Adm. Code 217, Subparts A and Q)
1)
Rulemaking: No docket presently reserved.
A)
Description:
The Illinois Environmental Protection Agency (Agency) is currently
developing amendments for proposal to the Board to address Phase II of
the United States Environmental Protection Agency’s (USEPA’s) nitrogen
oxides (Nox) State Implementation Plan (SIP) call. The (Nox) SIP call
required affected states, including Illinois, to regulate the NOx emissions
from large stationary internal combustion engines as required by the
federal Clean Air Act (CAA). (69
Fed. Reg.
21604 (April 21, 2004)). This
statewide proposal will also regulate NOx emissions from smaller engines
and turbines, as part of the State’s obligation to meet NOx reasonably
available control technology requirements (RACT) for the new 8-hour
ozone and PM2.5 National Ambient Air Quality Standard (NAAQS),
reasonable further progress (RFP), and attainment demonstration
requirements. In addition, the proposal will include conforming
amendments for Part 201, concerning affected units that would be required
to obtain operating permits and for Part 211, concerning applicable
definitions.
B)
Statutory authority:
Implementing and authorized by Sections 9.9, 10, 27 and 28.5 of the
Illinois Environmental Protection Act [415 ILCS 5/ 9.9, 10, 27 and 28.5].
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POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
C)
Scheduled meeting/hearing dates:
The Agency has stated that it anticipates submitting its rulemaking
proposal to the Board in the Spring or Summer 2007. Once a proposal is
filed, the Board will hold hearings on the schedule established in Section
27 of the Environmental Protection Act [415 ILCS 5/27] for rulemakings
that are required under the federal CAA.
D)
Date agency anticipates First Notice:
An Agency submittal of a proposal to the Board would commence this
proceeding, and the Agency has stated that it expects to file a proposal in
the Spring or Summer 2007. After the filing of a proposal by the Agency,
the Board will cause publication of a Notice of Proposed Amendments in
the
Illinois Register
.
E)
Effect on small business, small municipalities, or not-for-profit
corporation:
Any small businesses, small municipalities, or not-for-profit corporations
that own or operate an affected engine or turbine could be affected by the
proposed amendments.
F)
Agency contact person for information:
Address comments concerning the substance of the rulemaking to:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Name:
Erin Conley, Rules Coordinator
Address:
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Telephone:
217-782-2471
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
Internet:
conleye@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
For information regarding the Agency’s development of this proposal,
please contact the following Agency attorney:
Name:
Rachel L. Doctors
Address:
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
d)
Parts (Headings and Code Citations):
DEFINITIONS AND GENERAL PROVISIONS (35 Ill. Adm. Code 211)
NITROGEN OXIDES EMISSIONS (35 Ill. Adm. Code 217)
1)
Rulemaking: No docket presently reserved.
A)
Description:
The Illinois Environmental Protection Agency (Agency) is currently
developing amendments for proposal to the Board to address part of the
State’s Clean Air Act obligations to meet nitrogen oxides (Nox)
reasonably available control technology requirements (RACT), reasonable
further progress (RFP), and attainment demonstration requirements for the
new 8-hour ozone and PM2.5 nonattainment areas. Illinois has two 8-hour
ozone and PM2.5 nonattainment areas, greater Chicago and Metro-East/St.
Louis. NOx is one of the precursors to the formation of both ozone and
PM2.5. Control of NOx emissions from the following types of units may
be included in the proposal: ICI boilers less than 250 mmBtu, electric
generating less than 25 megawatts, cement kilns, lime kilns, glass melting
furnaces, iron and steel plants, and aluminum melting furnaces. In
addition, the proposal includes conforming amendments for Part 211,
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POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
concerning applicable definitions. The requirements are anticipated to
apply statewide.
B)
Statutory authority:
Implementing and authorized by Sections 10, 27 and 28.5 of the Illinois
Environmental Protection Act [415 ILCS 5/10, 27 and 28.5].
C)
Scheduled meeting/hearing dates:
The Agency has stated that it anticipates submitting its rulemaking
proposal to the Board in the Spring or Summer 2007. Once a proposal is
filed, the Board will hold hearings on the schedule established in Section
27 of the Environmental Protection Act [415 ILCS 5/27] for rulemakings
that are required under the federal CAA.
D)
Date agency anticipates First Notice:
An Agency submittal of a proposal to the Board would commence this
proceeding, and the Agency has stated that it expects to file a proposal in
the Spring or Summer 2007. After the filing of a proposal by the Agency,
the Board will cause publication of a Notice of Proposed Amendments in
the
Illinois Register
.
E)
Effect on small business, small municipalities, or not-for-profit
corporation:
Any small businesses, small municipalities, or not-for-profit corporations
that owns or operates an affected emission unit could be affected by the
proposed amendments.
F)
Agency contact person for information:
Address comments concerning the substance of the rulemaking to:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
Address questions concerning this regulatory agenda to:
Name:
Erin Conley, Rules Coordinator
Address:
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Telephone:
217-782-2471
Internet:
conleye@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
For information regarding the Agency’s development of this proposal,
please contact the following Agency attorney:
Name:
Rachel L. Doctors
Address:
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
e)
Parts (Headings and Code Citations):
Definitions and General Provisions (35 Ill. Adm. Code 211)
Organic Material Emission Standards and Limitations (35 Ill. Adm. Code 215)
Organic Material Emission Standards and Limitations for the Chicago Area (35 Ill. Adm.
Code 218)
Organic Material Emission Standards and Limitations for the Metro East Area (35 Ill.
Adm. Code 219)
1)
Rulemaking: No docket presently reserved.
A)
Description:
The Illinois Environmental Protection Agency (Agency) is currently
developing amendments for proposal to the Board. The proposal will set
forth state-wide regulations pertaining to volatile organic compounds
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POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
(VOC) from consumer and commercial products. The proposal will
establish VOC content limits for the various product categories.
B)
Statutory authority:
Implementing Section 10 of the Act [415 ILCS 5/10] and authorized by
Sections 27 and 28 of the Act [415 ILCS 5/27 & 5/28].
C)
Scheduled meeting/hearing dates:
The Agency has stated that it anticipates filing a rulemaking proposal with
the Board in the Spring or Summer 2007. No meetings or hearings are
scheduled at this time. Once the proposal is filed, the Board will conduct
public hearings in accordance with the requirements established by
Sections 27 and 28 of the Act [415 ILCS 5/27 & 5/28].
D)
Date agency anticipates First Notice:
An Agency submittal of a proposal to the Board would commence this
proceeding, and the Agency has stated that it expects to file a proposal in
the Spring or Summer 2007. After the filing of a proposal by the Agency,
the Board will cause publication of a Notice of Proposed Amendments in
the
Illinois Register
.
E)
Effect on small business, small municipalities, or not-for-profit
corporation:
This proposal may affect any small business, small municipality or not-
for-profit corporation that produces the various categories of consumer and
commercial products.
F)
Agency contact person for information:
Address comments concerning the substance of the rulemaking to:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
Address questions concerning this regulatory agenda to:
Name:
Erin Conley, Rules Coordinator
Address:
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Telephone:
217-782-2471
Internet:
conleye@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
For information regarding the Agency’s development of this proposal,
please contact the following Agency attorney:
Name:
Charles Matoesian
Address:
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
f)
Parts (Headings and Code Citations):
Definitions and General Provisions (35 Ill. Adm. Code 211)
Organic Material Emission Standards and Limitations (35 Ill. Adm. Code 215)
Organic Material Emission Standards and Limitations for the Chicago Area (35 Ill. Adm.
Code 218)
Organic Material Emission Standards and Limitations for the Metro East Area (35 Ill.
Adm. Code 219)
1)
Rulemaking: No docket presently reserved.
A)
Description:
The Illinois Environmental Protection Agency (Agency) is currently
developing amendments for proposal to the Board. The proposal will set
forth state-wide regulations pertaining to emission of volatile organic
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
compounds (VOC) from architectural and industrial maintenance coating
operations. The proposal will establish VOC content limits for the specific
architectural and industrial maintenance coatings.
B)
Statutory authority:
Implementing Section 10 of the Act [415 ILCS 5/10] and authorized by
Sections 27 and 28 of the Act [415 ILCS 5/27 & 5/28].
C)
Scheduled meeting/hearing dates:
The Agency has stated that it anticipates filing a rulemaking proposal with
the Board in the Spring or Summer 2007. No meetings or hearings are
scheduled at this time. Once the proposal is filed, the Board will conduct
public hearings in accordance with the requirements established by
Sections 27 and 28 of the Act [415 ILCS 5/27 & 5/28].
D)
Date agency anticipates First Notice:
An Agency submittal of a proposal to the Board would commence this
proceeding, and the Agency has stated that it expects to file a proposal in
the Spring or Summer 2007. After the filing of a proposal by the Agency,
the Board will cause a Notice of Proposed Amendments to appear in the
Illinois Register
.
E)
Effect on small business, small municipalities, or not-for-profit
corporation:
This proposal may affect any small business, small municipality or not-
for-profit corporation that operates or manufacturers architectural and
industrial maintenance coatings.
F)
Agency contact person for information:
Address comments concerning the substance of the rulemaking to:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Name:
Erin Conley, Rules Coordinator
Address:
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Telephone:
217-782-2471
Internet:
conleye@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
For information regarding the Agency’s development of this proposal,
please contact the following Agency attorney:
Name:
Gina Roccaforte
Address:
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
g)
Parts (Headings and Code Citations):
DEFINITIONS AND GENERAL PROVISIONS (35 Ill. Adm. Code 211)
REGIONAL HAZE (35 Ill. Adm. Code 226)
1)
Rulemaking: No docket presently reserved.
A)
Description:
The Illinois Environmental Protection Agency (Agency) is currently
developing amendments for proposal to the Board. This proposal would
address the State’s obligation to meet the requirements of the Clean Air
Act (CAA) for Regional Haze, specifically the requirement for Best
Available Regional Haze (BART). Section 169A of the CAA requires that
each major source in existence in 1977, but not in operation before 1962,
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POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
that may reasonably anticipated to cause or contribute to any impairment
of visibility in any Class I area shall procure, install, and operate BART.
Major sources are defined as ones that have the potential to emit 250 tons
per year or more of a visibility impairing pollutant in one of 26 specified
categories, including but not limited to petroleum refineries, lime plants,
steel mills, and fossil-fuel fired steam electric plants greater than 250
mmBtu. USEPA has identified sulfur dioxide, NOx, and primary
particulate matter (PM) as visibility impairing pollutants. This rule will
affect BART applicable emission units statewide.
B)
Statutory authority:
Implementing and authorized by Sections 10 and 27 of the Act [415 ILCS
5/10 and 5/27].
C)
Scheduled meeting/hearing dates:
The Agency has stated that it anticipates submitting its rulemaking
proposal to the Board in the Spring or Summer 2007. Once a proposal is
filed, the Board will hold hearings on the schedule established in Section
27 of the Environmental Protection Act [415 ILCS 5/27] for rulemakings
that are required under the federal CAA.
D)
Date agency anticipates First Notice:
An Agency submittal of a proposal to the Board would commence this
proceeding, and the Agency has stated that it expects to file a proposal in
the Spring or Summer 2007. After the filing of a proposal by the Agency,
the Board will cause publication of a Notice of Proposed Amendments in
the
Illinois Register
.
E)
Effect on small business, small municipalities, or not-for-profit
corporation:
Any small businesses, small municipalities, or not-for-profit corporations
that owns or operates an affected emission unit could be affected by the
proposed amendments.
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POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
F)
Agency contact person for information:
Address comments concerning the substance of the rulemaking to:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Name:
Erin Conley, Rules Coordinator
Address:
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Telephone:
217-782-2471
Internet:
conleye@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
For information regarding the Agency’s development of this proposal,
please contact the following Agency attorney:
Name:
Rachel L. Doctors
Address:
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
h)
Parts (Headings and Code Citations):
Definitions and General Provisions (35 Ill. Adm. Code 211)
Organic Material Emission Standards and Limitations (35 Ill. Adm. Code 215)
Organic Material Emission Standards and Limitations for the Chicago Area (35 Ill. Adm.
Code 218)
Organic Material Emission Standards and Limitations for the Metro East Area (35 Ill.
Adm. Code 219)
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POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
1)
Rulemaking: No docket presently reserved.
A)
Description:
The Illinois Environmental Protection Agency (Agency) is currently
developing amendments for proposal to the Board. The proposal will set
forth state-wide regulations pertaining to volatile organic compounds
(VOC) from several categories of products, including but not limited to
the following: flexible packaging printing materials, lithographic printing
materials, letterpress printing materials, industrial cleaning solvents, and
flat wood paneling coatings. The proposal will establish VOC content
limits for the various product categories as set forth in USEPAs Control
Technique Guidelines.
B)
Statutory authority:
Implementing Section 10 of the Act [415 ILCS 5/10] and authorized by
Sections 27 and 28 of the Act [415 ILCS 5/27 & 5/28].
C)
Scheduled meeting/hearing dates:
The Agency has stated that it anticipates filing a rulemaking proposal with
the Board in the Winter of 2007. No meetings or hearings are scheduled at
this time. Once the proposal is filed, the Board will conduct public
hearings in accordance with the requirements established by Sections 27
and 28 of the Act [415 ILCS 5/27 & 5/28].
D)
Date agency anticipates First Notice:
An Agency submittal of a proposal to the Board would commence this
proceeding, and the Agency has stated that it expects to file a proposal in
the Winter of 2007. After the filing of a proposal by the Agency, the
Board will cause publication of a Notice of Proposed Amendments in the
Illinois Register
.
E)
Effect on small business, small municipalities, or not-for-profit
corporation:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
This proposal may affect any small business, small municipality or not-
for-profit corporation that produces the various categories of products.
F)
Agency contact person for information:
Address comments concerning the substance of the rulemaking to:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Name:
Erin Conley, Rules Coordinator
Address:
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Telephone:
217-782-2471
Internet:
conleye@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
For information regarding the Agency’s development of this proposal,
please contact the following Agency attorney:
Name:
Charles Matoesian
Address:
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
i)
Parts (Headings and Code Citations):
Nitrogen Oxides Emissions (35 Ill. Adm. Code 217)
1)
Rulemaking: R06-22
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POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
A)
Description:
On January 19, 2006, the Board received a rulemaking proposal submitted
by the Illinois Environmental Protection Agency (Agency) pursuant to
Section 27 and 28 of the Illinois Environmental Protection Act (Act) (415
ILCS 5/27 and 28 (2004)). Included in this proposal are amendments to
the regulations governing Nitrogen Oxide (NOx) emissions found at 35 Ill.
Adm. Code Part 217, Subparts A, T, U, and W.
The amendments propose to update Part 217 to reflect recent amendments
made by the United States Environmental Protection Agency (USEPA) to
the Code of Federal Regulations concerning several test methods and
procedures, and by the Illinois General Assembly to Section 9.9 of the Act
concerning the sale of NOx allowances and the repeal of the stay
provisions. The Agency proposes amendments intended to ensure that the
NOx budgets for both the Electrical Generating Units (EGU) and the non-
EGUs are not reduced by low-emitters in a way that was not anticipated at
the time the rules were originally adopted by the Board. Finally, the
Agency proposes clarifications to the dates and timing of allocations
designed to simplify the administration of the NOx Trading Program. The
Agency asserts that this proposal does not change the emission limits or
require new control devices on affected sources.
B)
Statutory authority:
Implementing Sections 9.9 and 10 and authorized by Sections 27 and 28.5
of the Environmental Protection Act [415 ILCS 5/9.9, 10, 27 and 28.5].
C)
Scheduled meeting/hearing dates:
The Board is currently scheduling hearings in this rulemaking.
D)
Date agency anticipates First Notice:
The Board anticipates adopting a first notice opinion and order in this
rulemaking in the Spring or Summer 2007.
E)
Effect on small business, small municipalities, or not-for-profit
corporation:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
This rule change may affect any small business, small municipality, or not-
for-profit corporation subject to the Board’s Nitrogen Oxide (NOx)
emission rules.
F)
Agency contact person for information:
Address comments concerning the substance of the rulemaking to:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Name:
Erin Conley, Rules Coordinator
Address:
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Telephone:
217-782-2471
Internet:
conleye@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
For information regarding the Agency’s development of this proposal,
please contact the following Agency attorney:
Name:
Rachel L. Doctors
Address:
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
j)
Parts (Headings and Code Citations):
CONTROL OF EMISSIONS FROM LARGE COMBUSTION SOURCES (35 Ill. Adm.
Code 225)
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
1)
Rulemaking: R06-26
A)
Description:
This rulemaking was proposed to the Board by the Illinois Environmental
Protection Agency (Agency) on May 30, 2006. The Agency proposes
amendments to Part 225 to reduce intrastate and interstate transport of
sulfur dioxide (SO
2
) and nitrogen oxides (NO
x
) emissions from fossil fuel-
fired electric generating units (affected units), on an annual basis and on an
ozone season basis of each calendar year. The Agency proposes the
adoption of the Clean Air Interstate Rule (CAIR) SO
2
trading program, the
CAIR NO
x
Annual trading program and the CAIR NO
x
Ozone Season
trading program to accomplish this objective.
The proposed rule contains five subparts. As proposed, Subpart A
includes general provisions, Subpart B is reserved-although this Subpart is
included in the R06-25 rulemaking, Subpart C contains the CAIR SO
2
trading program, Subpart D details the CAIR NO
x
Annual trading
program, and Subpart E addresses the CAIR NO
x
Ozone Season trading
program.
The Agency asserts that its proposal is intended to satisfy Illinois’
obligations under the United States Environmental Protection Agency’s
(USEPA) Rule to Reduce Interstate Transport of Fine Particulate Matter
and Ozone; Revisions to Acid Rain Program; Revisions to the NO
x
SIP
Call, (CAIR), 70
Fed. Reg
. 25162 (May 12, 2005). The proposal is also
intended to the Agency’s obligation to meet Clean Air Act (CAA)
requirements for the control of fine particulate matter (PM
2.5
) and ozone in
the Chicago and Metro East/St. Louis nonattainment areas.
B)
Statutory authority:
Implementing and authorized by Sections 27 and 28 of the Environmental
Protection Act [415 ILCS 5/27 & 28].
C)
Scheduled meeting/hearing dates:
The Board held hearings in this rulemaking on October 10
th
through the
12
th
in Springfield, and on November 28
th
and 29
th
in Chicago.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
D)
Date agency anticipates First Notice:
The Board anticipates adopting a first notice opinion and order in this
rulemaking in the Spring or Summer 2007.
E)
Effect on small business, small municipalities, or not-for-profit
corporation:
Any small businesses, small municipalities, or not-for-profit corporations
that owns or operates an affected emission unit could be affected by the
proposed amendments.
F)
Agency contact person for information:
Address comments concerning the substance of the rulemaking to:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Name:
Erin Conley, Rules Coordinator
Address:
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Telephone:
217-782-2471
Internet:
conleye@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
For information regarding the Agency’s development of this proposal,
please contact the following Agency attorney:
Name:
Rachel L. Doctors
Address:
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
Springfield, Illinois 62794-9276
k)
Part (Heading and Code Citation):
WATER QUALITY STANDARDS (35 Ill. Adm. Code 302)
1)
Rulemaking: R04-25
A)
Description:
This rulemaking was proposed to the Board on April 19, 2004 by the
Illinois Association of Wastewater Agencies (IAWA). IAWA seeks to
amend the Board’s rule establishing general use water quality standards for
dissolved oxygen (35 Ill. Adm. Code 302.206). Under the existing Board
water quality standard, dissolved oxygen must not be less than 6.0
milligrams per liter (mg/L) during at least 16 hours of any 24 hour period,
nor less than 5.0 mg/L at any time. IAWA seeks to amend these standards
by explicitly providing that dissolved oxygen be determined on a monthly
basis and specifying that (a) during the months of July through February,
dissolved oxygen must not be less than a one-day minimum concentration
of 3.5 mg/L, and a seven-day mean minimum of 4.0 mg/L, and (b) during
the months of March through June, dissolved oxygen must not be less than
a one-day minimum concentration of 5.0 mg/L, and a seven-day mean of
6.0 mg/L. IAWA also proposed definitions of “mean minimum” and
“mean.”
B)
Statutory authority
:
Implementing Section 13 and authorized by Sections 11(b) and 27 of the
Environmental Protection Act [415 ILCS 5/13, 11(b), and 27]
C)
Scheduled meeting /hearing date
:
The Board has held hearings in this rulemaking on June 29, 2004, August
12, 2004, August 25, 2005, April 25, 2006, and November 2
nd
and 3
rd
,
2006.
D)
Date agency anticipates First Notice:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
The Board anticipates that it may adopt a first notice opinion and order in
this rulemaking in the Spring or Summer 2007.
E)
Effect on small businesses, small municipalities or not-for-profit
corporations:
This rule may affect any small business, small municipality, or not-for-
profit corporation that discharges particular contaminates into waters of
the State.
F)
Agency contact person for information
:
Address written comments concerning the substance of the
rulemaking to:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite
11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Name:
Erin Conley
Address:
Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Telephone:
217-782-2471
Internet:
conleye@ipcb.state.il.us
G)
Related rulemaking and other pertinent information
:
The Agency is in the process of developing another proposal that would
impact Part 302 (see item below).
l)
Part (Heading and Code Citation):
WATER QUALITY STANDARDS (35 Ill. Adm. Code 302)
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
1)
Rulemaking: R07-9
A)
Description:
The Illinois Environmental Protection Agency (Agency) filed a
rulemaking proposal before the Board on November 23, 2006, relating to
the water quality standards for total dissolved solids, sulfate and chloride.
These amendments seek to revise and add numeric water quality
standards for the protection of aquatic life. The Agency will use the
amended water quality standards in ensuring compliance with the Clean
Water Act requirements at 33 U.S.C. §1313 when issuing National
Pollutant Discharge Elimination System permits pursuant to 415 ILCS
5/39(b) and water quality certifications required by 33 U.S.C. §1341.
B)
Statutory authority:
Implementing and authorized by Sections 11, 13, and 27 of the
Environmental Protection Act [415 ILCS 5/11, 13 & 27].
C)
Scheduled meeting /hearing date:
The Board is in the process of scheduling hearings as required by
Sections 27 and 28 of the Act [415 ILCS 5/27 & 28].
D)
Date agency anticipates First Notice
:
The Board anticipates adopting a first notice proposal in the Spring or
Summer of 2007.
E)
Effect on small businesses, small municipalities or not-for-profit
corporations:
This rule may affect any small business, small municipality, or not-for-
profit corporation that discharges particular contaminates into waters of
the State.
F)
Agency contact person for information
:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
Address written comments concerning the substance of the
rulemaking to:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite
11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Name:
Erin Conley
Address:
Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Telephone:
217-782-2471
Internet:
conleye@ipcb.state.il.us
G)
Related rulemaking and other pertinent information:
For information regarding the Agency’s development of this
proposal, please contact:
Toby Frevert
Bureau of Water
Illinois Environmental Protection Agency
1021 North Grand Ave. East
P.O. Box 19276
Springfield, Il. 62794-9276
217-782-1654
m)
Part (Heading and Citation Code)
WATER QUALITY STANDARDS (35 Ill. Adm. Code 302) and WATER USE
DESIGNATIONS AND SITE SPECIFIC WATER QUALITY STANDARDS (35 Ill.
Adm. Code 303)
1)
Rulemaking: No docket presently reserved.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
A)
Description:
The Illinois Environmental Protection Agency (Agency) is preparing a
rulemaking proposal for filing before the Board relating to the water
quality standards for the Chicago Area Waterway System. The Agency has
established a workgroup to conduct a Use Attainability Analysis (UAA),
pursuant to 40 C.F.R. Section 131.10, for the Chicago Area Waterway
System, with the primary focus on the Calumet and Chicago River Basin
Waterway currently classified as Secondary Contact and Indigenous
Aquatic Life and other selected General Use Waterways.
B)
Statutory authority:
Implementing and authorized by Sections 11, 13 and 27 of the
Environmental Protection Act [415 5/11, 13 & 27]
C)
Scheduled meeting/hearing date:
No meetings or hearings are scheduled at this time. Once the proposal is
filed, the Board will conduct hearings as required by Sections 27 and 28 of
the Act [415 ILCS 5/27 & 28]
D)
Date Agency anticipates First Notice:
An Agency submittal of a proposal to the Board would commence this
proceeding, and the Agency has stated it expects to file a proposal in the
Spring or Summer of 2007. After the filing of a proposal by the Agency,
the Board will cause publication of a Notice of Proposed Amendments in
the
Illinois Register
.
E)
Effect on small businesses, small municipalities or not-for-profit
corporations:
This rule may affect any small business, small municipality, or not-for-
profit corporation that discharges into the Chicago Area Waterway
System.
F)
Agency contact person for information:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
Address written comments concerning the substance of this rulemaking to:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address concerning this regulatory agenda to:
Name:
Erin Conley
Address:
Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Telephone:
217-782-2471
Internet:
conleye@ipcb.state.il.us
G)
Related rulemaking and other pertinent information:
For information regarding the Agency’s development of this proposal,
please contact:
Name:
Stefanie N. Diers
Address:
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Ave. East
P.O. Box 19276
Springfield, Illinois 62794-9276
Telephone:
217-782-5544
n)
Part (Heading and Code Citation):
WATER USE DESIGNATIONS AND SITE SPECIFIC WATER QUALITY
STANDARDS (35 Ill. Adm. Code 303)
1)
Rulemaking: No docket presently reserved.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
A)
Description:
The Illinois Environmental Protection Agency (Agency) is currently
developing amendments for proposal to the Board. 35 Ill. Adm. Code 303
contains the Board’s water use designations for all bodies of water in the
State of Illinois with use designations other than general use. The Agency
has established a workgroup to conduct a Use Attainability Analysis,
pursuant to 40 C.F.R. §131.10, of the portions of the lower Des Plaines
River that are currently classified as secondary contact and indigenous
aquatic life waters pursuant to 35 Ill. Adm. Code 303.441. In addition, the
Agency is preparing a rulemaking proposal for filing before the Board will
recommend updating and/or upgrading the use designation of the lower
Des Plaines River from its confluence with the Sanitary and Ship Canal to
the Interstate 55 bridge.
B)
Statutory authority:
Implementing and authorized by Sections 11, 13, and 27 of the
Environmental Protection Act [415 ILCS 5/11, 13 & 27].
C)
Scheduled meeting /hearing date:
No meetings or hearings are scheduled at this time. Once the proposal is
filed, the Board will conduct hearings as required by Sections 27 and 28 of
the Act [415 ILCS 5/27 & 28].
D)
Date agency anticipates First Notice:
An Agency submittal of a proposal to the Board would commence this
proceeding, and the Agency has stated that it expects to file a proposal in
the Spring or Summer 2007. After the filing of a proposal by the Agency,
the Board will cause publication of a Notice of Proposed Amendments in
the
Illinois Register
.
E)
Effect on small businesses, small municipalities or not-for-profit
corporations:
This rule may affect any small business, small municipality, or not-for-
profit corporation that discharges into the lower Des Plaines River.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking to:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address concerning this regulatory agenda to:
Name:
Erin Conley
Address:
Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Telephone:
217-782-2471
Internet:
conleye@ipcb.state.il.us
G)
Related rulemaking and other pertinent information:
For information regarding the Agency’s development of this proposal,
please contact:
Deborah J. Williams
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Ave. East
P.O. Box 19276
Springfield, Il. 62794-9276
217-782-5544
o)
Parts (Headings and Code Citations):
Sewer Discharge Criteria (35 Ill. Adm. Code 307)
Pretreatment Programs (35 Ill. Adm. Code 310)
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
1)
Rulemaking: Docket number R07-16
A)
Description:
Section 13.3 of the Environmental Protection Act [415 ILCS 5/13.3]
mandates that the Board update the Illinois wastewater pretreatment
regulations to reflect revisions made to the federal wastewater
pretreatment rules made by the United States Environmental Protection
Agency (USEPA).
The Board has reserved docket number R07-16 to accommodate any
amendments to the federal wastewater pretreatment rules, 40 CFR 400
through 499, that the USEPA may have made in the period July 1, 2006
through December 31, 2006. At this time, the Board is not aware of any
federal amendments to the federal wastewater pretreatment regulations
that occurred during this update period.
The Board will verify the existence of any federal actions that may affect
the text of the federal wastewater pretreatment regulations and the Board
action required in response to each set of federal amendments in coming
weeks, by about mid-February 2006. The Board will then propose
corresponding amendments to the Illinois wastewater pretreatment
regulations using the identical-in-substance procedure under docket R07-
16, as necessary and appropriate.
Section 13.3 of the Act mandates that the Board complete amendments
within one year of the date on which USEPA adopted the earliest action
upon which the amendments are based. In docket R07-16, if the earliest
federal amendments in the applicable period were assumed to have
occurred on the first day of the update period, on July 1, 2006, the due
date for Board adoption would be July 1, 2007.
B)
Statutory authority:
Implementing and authorized by Sections 7.2, 13, 13.3, and 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 13, 13.3 & 27].
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
C)
Scheduled meeting/hearing dates:
None scheduled at this time. The Board will vote to propose any
amendments at an open meeting in accordance with requirements
established by Sections 27 and 28 of the Act [415 ILCS 5/27 & 28]. No
hearing is required in identical-in-substance proceedings.
D)
Date agency anticipates First Notice:
The Board cannot project an exact date for publication at this time. The
Board expects to verify any federal actions by mid-February 2006, after
which time the Board will propose any amendments to the Illinois
wastewater treatment rules that are necessary in response to the federal
amendments that have occurred. If the due date for Board adoption of
amendments in this docket were assumed to be July 1, 2007, the Board
will vote to propose amendments and cause a Notice of Proposed
Amendments to appear in the
Illinois Register
by early April 2007. This
would be sufficiently in advance of the due date to allow the Board to
accept public comments on the proposal for 45 days before acting to adopt
any amendments. Alternatively, if no amendment to the Illinois
wastewater pretreatment rules is needed, the Board will promptly dismiss
this reserved docket.
E)
Effect on small business, small municipalities, or not-for-profit
corporations:
This rulemaking may affect any small business, small municipality, or not-
for-profit corporation that pretreatment engages in the discharge of
pollutants into the collection system of a publicly-owned treatment works
that is the subject of any federal amendments.
F)
Agency contact person for information:
Address written comments
concerning the substance of the rulemaking,
noting docket number R07-16, as follows:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R07-16, as follows:
Name:
Michael J. McCambridge, Attorney
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone:
312-814-6924
Internet:
mccambm@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
No other presently-known proceeding would affect provisions of Parts 307
and 310.
Section 13.3 of the Environmental Protection Act provides that Title VII
of the Act and Section 5 of the Administrative Procedure Act (APA) [5
ILCS 100/5-35, 5-40] shall not apply. Because this rulemaking is not
subject to Section 5 of the APA, it is not subject to First Notice or to
Second Notice review by the Joint Committee on Administrative Rules.
Rather, the Board will cause a Notice of Proposed Amendments to appear
in the
Illinois Register
, and it will accept public comments on the proposal
for 45 days after the date of publication.
p)
Part (Heading and Code Citation)
:
STANDARDS FOR SLUDGE MANAGEMENT (35 Ill. Adm. Code 313)
1)
Rulemaking: No docket presently reserved
A)
Description:
The Illinois Environmental Protection Agency (Agency) is currently
preparing a rulemaking proposal for filing before the Board relating to
land application of sewage sludge. The rules would establish pollutant
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
limits, pathogen reduction requirements, and vector control measures
applicable to sludge applied to land.
B)
Statutory authority:
Implementing and authorized by Sections 11 and 27 of the Environmental
Protection Act [415 ILCS 5/11 & 27]
C)
Schedule meeting/hearing date:
No meetings or hearings are scheduled at this time. Once the proposal is
filed, the Board will conduct hearings as required by Sections 27 and 28 of
the Act [415 ILCS 5/27 & 28].
D)
Date agency anticipates First Notice:
An Agency submittal of a proposal to the Board would commence this
proceeding, and the Agency has stated that it expects to file a proposal
during the Spring or Summer 2007. After the filing of a proposal by the
Agency, the Board will cause a Notice of Proposed Rules to appear in the
Illinois Register
.
E)
Effect on small businesses, small municipalities or not-for-profit
corporations:
This rule may affect any small business, small municipality, or not-for-
profit corporation that generates or uses sewage sludge.
F)
Agency contact person for information
:
Address written comments concerning the substance of the rulemaking to:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
Name:
Erin Conley, Rules Coordinator
Address:
Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Telephone:
217-782-2471
Internet:
conleye@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
No other presently known Board proceedings would potentially impact the
general provisions of Part 313.
The Agency has stated that it anticipates proposing amendments to its
rules entitled “Design Criteria for Sludge Application on Land,” 35 Ill.
Adm. Code 391, which involve a related subject matter.
For information regarding the Agency’s development of this proposal,
please contact the following Agency attorney:
Name:
Stefanie Diers
Address:
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Interested persons may also contact the following Agency representative
about its prospective rulemaking proposal:
Name:
Alan Keller, P.E.
Manager, Northern Municipal Unit
Address
:
Illinois Environmental Protection Agency
Division of Water Pollution Control
Bureau of Water
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Telephone:
217-782-0810
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
q)
Parts (Heading and Code Citation):
AGRICULTURE RELATED WATER POLLUTION (35 Ill. Adm. Code Subtitle E)
1)
Rulemaking:
No docket presently reserved.
A)
Description:
The Illinois Environmental Protection Agency (Agency) will prepare a
rulemaking proposal for filing before the Board relating to the United
States Environmental Protection Agency’s Environmental Protection
Concentrated Animal Feeding Operation National Pollutant Discharge
Elimination System (NPDES) regulations that were adopted on December
15, 2002. The Agency anticipates a review of Subtitle E and a proposal to
ensure that it remains consistent with the federal regulations and case law
reviewing these regulations. See, Waterkeeper Alliance et al. v. USEPA,
399 F.3d 486 (2d Cir. 2005).
B)
Statutory Authority:
Implementing and authorized by Sections 11, 13, and 27 of the
Environmental Protection Act [415 ILCS 5/11, 13 & 27].
C)
Scheduled meeting/hearing dates:
No meetings or hearings are scheduled at this time. Once the proposal is
filed, the Board will conduct hearings as required by Sections 27 and 28 of
the Act [415 ILCS 5/27 & 28].
D)
Date agency anticipates First Notice:
An Agency submittal of the rulemaking proposal is anticipated by Spring
or Summer 2007. The Board will conduct proceedings pursuant to
Sections 27 and 28 of the Environmental Protection Act [415 ILCS 5/27 &
28] upon receipt of the proposal and would cause a Notice of Proposed
Amendments to appear in the
Illinois Register
when it decides to propose
amendments for First Notice.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
E)
Affect on small businesses, small municipalities or not for profit
corporations:
This rule could affect any agri-business that meets the federal definition of
a Concentrated Animal Feeding Operation.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking to:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Name:
Erin Conley, Rules Coordinator
Address:
Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Telephone:
217-782-2471
Internet:
conleye@ipcb.state.il.us
G)
Related Rulemaking and other pertinent information:
Interested persons may contact the Agency about its prospective
rulemaking proposal as follows:
Name:
Deborah J. Williams
Address:
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
Telephone:
217-782-5544
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
r)
Part (Heading and Code Citation):
Primary Drinking Water Standards (35 Ill. Adm. Code 611)
1)
Rulemaking:
Docket number R07-11
A)
Description:
Section 17.5 of the Environmental Protection Act [415 ILCS 5/17.5]
mandates that the Board update the Illinois SDWA regulations to reflect
the USEPA amendments to the federal Safe Drinking Water Act (SDWA)
primary drinking water regulations.
The Board has reserved docket number R07-11 to accommodate any
amendments to the SDWA national primary drinking water standards, 40
CFR 141 through 143, that the United States Environmental Protection
Agency (USEPA) may make in the period July 1, 2006 through December
31, 2006. At this time, the Board is aware of one set of federal
amendments to the federal national primary drinking water regulations and
one set of corrections that occurred during this update period. The
amendments and corrections are described as follows:
71 Fed. Reg. 65574 (November 8, 2006)
USEPA adopted a new Ground Water Rule (GWR). The federal
GWR amendments to the National Primary Drinking Water
Regulations is effective January 8, 2007. The GWR is intended to
increase protection against microbial pathogens in public water
systems that use ground water sources. The GWR requires
disinfection as a treatment technique for all public water systems,
including surface water systems and ground water systems, as
necessary. The GWR targets ground water systems that are
susceptible to fecal contamination, instead of requiring disinfection
for all ground water systems. The GWR requires ground water
systems that are at risk of fecal contamination to take corrective
action to reduce cases of illnesses and deaths due to exposure to
microbial pathogens.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
71 Fed. Reg. 67427 (November 21, 2006)
USEPA corrected the references to analytical methods for use
under the GWR.
The Board will verify the existence of any additional federal actions that
may affect the text of the federal primary drinking water standards and the
Board action required in response to each in coming weeks, by about mid-
February 2006. The Board will then propose corresponding amendments
to the Illinois SDWA primary drinking water regulations using the
identical-in-substance procedure or dismiss docket R07-11, as necessary
and appropriate.
Section 17.5 mandates that the Board complete amendments within one
year of the date on which USEPA adopted the earliest action upon which
the amendments are based. In docket R07-11, if the earliest federal
amendments in the applicable period were assumed to have occurred on
November 8, 2006, the due date for Board adoption would be November
8, 2007.
B)
Statutory authority:
Implementing and authorized by Sections 17, 17.5, and 27 of the
Environmental Protection Act [415 ILCS 5/17, 17.5 & 27].
C)
Scheduled meeting/hearing dates:
None scheduled at this time. The Board will vote to propose any
amendments at an open meeting in accordance with requirements
established by Sections 27 and 28 of the Act [415 ILCS 5/27 & 28]. No
hearing is required in identical-in-substance proceedings.
D)
Date agency anticipates First Notice:
The Board cannot project an exact date for publication at this time. The
Board expects to verify any federal actions by mid-February 2006, after
which time the Board will propose any amendments to the Illinois SDWA
drinking water rules that are necessary in response to the federal
amendments that have occurred. If the due date for Board adoption of
amendments in this docket is assumed to be November 8, 2007, for the
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
purposes of illustration, the Board would vote to propose amendments and
cause a Notice of Proposed Amendments to appear in the
Illinois Register
by mid-October 2006. This would be sufficiently in advance of the due
date to allow the Board to accept public comments on the proposal for 45
days before acting to adopt any amendments. Alternatively, if no
amendment to the Illinois definition is needed, the Board will promptly
dismiss this reserved docket.
E)
Effect on small business, small municipalities, or not-for-profit
corporations:
This rulemaking may affect any small business, small municipality, or not-
for-profit corporation in Illinois that owns or operates a “public water
supply,” as defined by Section 3.28 of the Act,
i.e.
, it has at least fifteen
service connections or regularly serves an average of at least 25
individuals daily at least 60 days out of the year, or it is assisting a public
water supply to demonstrate compliance.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking,
noting docket number R07-11, as follows:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R07-11
, as follows:
Name:
Michael J. McCambridge, Attorney
Address:
Pollution Control Board
100 West Randolph Street Suite 11-500
Chicago, Illinois 60601
Telephone:
312-814-6924
Internet:
mccambm@ipcb.state.il.us
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
G)
Related rulemakings and other pertinent information:
No other presently-known proceeding would affect provisions of Part 611.
Section 17.5 of the Environmental Protection Act [415 ILCS 5/17.5]
provides that Title VII of the Act and Section 5 of the Administrative
Procedure Act (APA) shall not apply. Because this rulemaking is not
subject to Section 5 of the APA, it is not subject to First Notice or to
Second Notice review by the Joint Committee on Administrative Rules.
Rather, the Board will cause a Notice of Proposed Amendments to appear
in the
Illinois Register
, and it will accept public comments on the proposal
for 45 days after the date of publication.
s)
Part (Headings and Code Citations):
LABORATORY ACCREDITATION RULES (35 Ill. Adm. Code 611)
1)
Rulemaking: No docket presently reserved.
A)
Description:
The Illinois Environmental Protection Agency (Agency) is currently
developing a proposal for filing with the Board. The proposal will seek to
amend the public water supplies rules found in 35 Ill. Adm. Code 611 to
cross reference the Agency’s own laboratory accreditation rules found at
35 Ill. Adm. Code 186. These prospective amendments to Sections
611.359, 611.611, 611.646, and 611.648 would cross-reference the
laboratory accreditation rules at 35 Ill. Adm. Code 186. Currently, the
existing text of Part 611 references 35 Ill. Adm. Code 183, which are joint
rules of the Agency, the Illinois Department of Public Health, and the
Illinois Department of Nuclear Safety. A repeal of Part 183 has been
completed.
B)
Statutory Authority:
Sections 27 and 28 of the Illinois Environmental Protection Act [415 ILCS
5/27 & 28].
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
C)
Scheduled meeting/hearing dates:
No meetings or hearings are scheduled at this time. Once the proposal is
filed, the Board will conduct hearings as required by Sections 27 and 28 of
the Act [415 ILCS 5/27 & 28].
D)
Date Agency Anticipates First Notice:
An Agency submittal of the rulemaking proposal is anticipated by Spring
or Summer 2007. The Board will conduct proceedings pursuant to
Sections 27 and 28 of the Environmental Protection Act [415 ILCS 5/27 &
28] upon receipt of the proposal and would cause a Notice of Proposed
Amendments to appear in the
Illinois Register
when it decides to propose
amendments for First Notice.
E)
Affect on small business, small municipalities or not-for-profit
corporations:
These amendments may affect small business, small municipalities, and
not-for-profit corporations that own or operate a "public water supply", as
defined by Section 3.28 of the Act, i.e., it has at least fifteen service
connections or regularly serves an average of at least 25 individuals daily
at least 60 days out of the year, or it is assisting a public water supply to
demonstrate compliance with the federally-derived National Primary
Drinking Water Standards of 35 Ill. Adm. Code 611. However, it is
anticipated that the proceeding will not likely have a quantifiable affect on
these entities because the program for national laboratory certification is
voluntary. The burden of compliance with the requirements, such as filing
documentation, reporting or completion of the necessary forms, likely will
not increase.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking to:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
Address questions concerning this regulatory agenda to:
Name:
Erin Conley, Rules Coordinator
Address:
Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Telephone:
217-782-2471
Internet:
conleye@ipcb.state.il.us
G)
Other pertinent information concerning these amendments:
Interested persons may contact the Agency about its prospective
rulemaking proposal as follows:
Name:
Jim Shaw
Division of Laboratories
Illinois Environmental Protection Agency
Address:
1021 North Grand Avenue East
P. O. Box 19276
Springfield, IL 62794-9276
t)
Part (Heading and Code Citation):
GROUNDWATER QUALITY (35 Ill. Adm. Code 620)
1)
Rulemaking: No docket presently reserved.
A)
Description:
The Illinois Environmental Protection Agency (Agency) continues to
evaluate contaminants of concern that have been commonly detected in
Illinois’ groundwater for inclusion in 35 Ill. Adm. Code 620. One such
constituent is perchlorate. This rocket fuel component has been
discovered in Illinois’ groundwater, and its occurrence in Illinois is being
further evaluated. Another constituent that may be considered for
inclusion in the rules is ammonia. While ammonia is not a health concern
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
at the concentrations at which it has been reported, the greater health risk
is the conversion of ammonia to nitrite and nitrate within a water
distribution system. In addition, the Agency has evaluated contaminants
commonly detected in groundwater in association with solid waste and
Resource Conservation and Recovery Act (RCRA) sites. Groundwater
standards are being developed for approximately 48 contaminants that
have been commonly detected in groundwater at these sites where cleanup
objectives have already been developed under the Tiered Approach to
Corrective Action Objectives (TACO)(35 Ill. Adm. Code 742). Finally,
three constituents (radium 226, radium 228, and arsenic) have had new
Maximum Contaminant Levels (MCLs) adopted. Radium and arsenic
occur with some frequency in Illinois’ groundwater. Therefore, a
groundwater standard amendment consistent with the MCL will be
proposed.
B)
Statutory authority:
Implementing and authorized by Section 8 of the Illinois Groundwater
Protection Act (IGPA) [415 ILCS 55/1] and Section 27 of the
Environmental Protection Act [415 ILCS 5/27].
C)
Scheduled meeting /hearing date:
No meetings or hearings are scheduled at this time. Once the proposal is
filed, the Board will conduct hearings as required by Sections 27 and 28 of
the Act [415 ILCS 5/27 & 28].
D)
Date agency anticipates First Notice:
The Agency anticipates submitting a proposal to the Board in the Spring
or Summer 2007. After the filing of a proposal by the Illinois EPA, the
Board will cause publication of a Notice of Proposed Amendments in the
Illinois Register.
E)
Effect on small businesses, small municipalities or not-for-profit
corporations:
The Agency does not anticipate that this rule will have a significant impact
on any small business, small municipality, or not-for-profit corporations.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking to:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Name:
Erin Conley
Address:
Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Telephone:
217-782-2471
Internet:
conleye@ipcb.state.il.us
G)
Related rulemaking and other pertinent information:
For information regarding the Agency’s development of this proposal,
please contact:
Name:
Richard Cobb
Address:
Illinois Environmental Protection Agency
1021 North Grand Ave. East
P.O. Box 19276
Springfield, IL 62794-9276
u)
Parts (Headings and Code Citations):
RCRA and UIC Permit Programs (35 Ill. Adm. Code 702)
UIC Permit Program (35 Ill. Adm. Code 704)
Procedures For Permit Issuance (35 Ill. Adm. Code 705)
Hazardous Waste Management System: General (35 Ill. Adm. Code 720)
Underground Injection Control Operating Requirements (35 Ill. Adm. Code 730)
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
1)
Rulemaking: Presently reserved docket number R07-12
A)
Description:
Section 13(c) of the Environmental Protection Act [415 ILCS 5/13(c)]
mandates that the Board update the Illinois underground injection control
(UIC) regulations to reflect amendments to the United States
Environmental Protection Agency (USEPA) UIC regulations.
The Board has reserved docket number R07-12 to accommodate any
amendments to the federal UIC regulations, 40 CFR 144 through 148,
during the period July 1, 2006 through December 31, 2006. At this time,
the Board is not aware of any federal amendments to the federal UIC rules
that occurred during this update period.
The Board will verify the existence of any federal actions that affect the
UIC regulations and the Board action required in response to each in
coming weeks, by about mid-February 2006. The Board will then propose
corresponding amendments to the Illinois UIC regulations using the
identical-in-substance procedure or dismiss docket R07-12, as necessary
and appropriate.
Section 13(c) mandates that the Board complete amendments within one
year of the date on which USEPA adopted the earliest action upon which
the amendments are based. In docket R07-12, if the earliest federal
amendments in the applicable period were assumed to have occurred on
the first day of the update period, on July 1, 2006, the due date for Board
adoption would be July 1, 2007.
B)
Statutory authority:
Implementing and authorized by Sections 7.2, 13(c) and 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 13(c) & 27].
C)
Scheduled meeting/hearing dates:
None scheduled at this time. The Board will vote to propose any
amendments at an open meeting in accordance with requirements
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
established by Sections 27 and 28 of the Act [415 ILCS 5/27 & 28]. No
hearing is required in identical-in-substance proceedings.
D)
Date agency anticipates First Notice:
The Board cannot project an exact date for publication at this time. The
Board expects to verify any federal actions by mid-February 2006, after
which time the Board will propose any amendments to the Illinois UIC
rules that are necessary in response to the federal amendments that have
occurred. If the due date for Board adoption of amendments in this docket
were assumed to be July 1, 2007, the Board will vote to propose
amendments and cause a Notice of Proposed Amendments to appear in the
Illinois Register
by early April 2007. This would be sufficiently in
advance of the due date to allow the Board to accept public comments on
the proposal for 45 days before acting to adopt any amendments.
Alternatively, if no amendment to the Illinois definition is needed, the
Board will promptly dismiss this reserved docket.
E)
Effect on small business, small municipalities, or not-for-profit
corporations:
This rulemaking may affect any small business, small municipality, or not-
for-profit corporation in Illinois to the extent the affected entity engages in
the underground injection of waste.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking,
noting docket number R07-12
, as follows:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R07-12
, as follows:
Name:
Michael J. McCambridge, Attorney
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone:
312-814-6924
Internet:
mccambm@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
Section 13(c) of the Environmental Protection Act [415 ILCS 5/13(c)]
provides that Title VII of the Act and Section 5 of the Administrative
Procedure Act (APA) shall not apply. Because this rulemaking is not
subject to Section 5 of the APA, it is not subject to First Notice or to
Second Notice review by the Joint Committee on Administrative Rules.
Rather, the Board will cause a Notice of Proposed Amendments to appear
in the
Illinois Register
, and it will accept public comments on the proposal
for 45 days after the date of publication.
v)
Parts (Headings and Code Citations):
RCRA AND UIC Permit Programs (35 Ill. Adm. Code 702)
RCRA Permit Program (35 Ill. Adm. Code 703)
Procedures For Permit Issuance (35 Ill. Adm. Code 705)
Hazardous Waste Management System: General (35 Ill. Adm. Code 720)
Identification and Listing of Hazardous Waste (35 Ill. Adm. Code 721)
Standards Applicable to Generators of Hazardous Waste (35 Ill. Adm. Code 722)
Standards Applicable to Transporters of Hazardous Waste (35 Ill. Adm. Code 723)
Standards For Owners and Operators of Hazardous Waste Treatment, Storage, and
Disposal Facilities (35 Ill. Adm. Code 724)
Interim Status Standards for Owners and Operators of Hazardous Waste Treatment,
Storage, and Disposal Facilities (35 Ill. Adm. Code 725)
Standards for the Management of Specific Hazardous Waste and Specific Types of
Hazardous Waste Management Facilities (35 Ill. Adm. Code 726)
Land Disposal Restrictions (35 Ill. Adm. Code 728)
Standards for Universal Waste Management (35 Ill. Adm. Code 733)
Hazardous Waste Injection Restrictions (35 Ill. Adm. Code 738)
Standards for The Management of Used Oil (35 Ill. Adm. Code 739)
1)
Rulemaking:
Docket number R07-14
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
A)
Description:
Section 22.4(a) of the Environmental Protection Act [415 ILCS 5/22.4(a)]
mandates that the Board update the Illinois rules implementing Subtitle C
of the federal Resource Conservation and Recovery Act (RCRA) to reflect
the United States Environmental Protection Agency (USEPA)
amendments to the federal RCRA Subtitle C regulations.
The Board has reserved docket number R07-14 to accommodate any
amendments to the federal RCRA Subtitle C program, 40 CFR 260
through 270, 273, and 279, that USEPA made in the period July 1, 2006
through December 31, 2006. At this time, the Board is aware of two sets
of federal amendments to the federal RCRA Subtitle C hazardous waste
regulations that occurred during this update period. Those sets of
amendments are described as follows:
71 Fed. Reg. 40254 (July 14, 2006)
USEPA adopted a number of corrections to various of the
hazardous waste and used oil management regulations.
71 Fed. Reg. 42928 (July 28, 2006)
USEPA amended the definition of hazardous waste to exclude
cathode ray tubes (CRTs) that are managed within specified
conditions. USEPA intends to encourage the reuse and recycling
of used CRTs and glass from CRTs.
The Board will verify the existence of any federal actions and the Board
action required in response to each in coming weeks, by about mid-
February 2006. The Board will then propose corresponding amendments
to the Illinois RCRA Subtitle C hazardous waste regulations using the
identical-in-substance procedure or dismiss docket R07-14
, as necessary
and appropriate.
Section 22.4(a) mandates that the Board complete amendments within one
year of the date on which USEPA adopted the earliest action upon which
the amendments are based. Assuming for the purposes of illustration that
the earliest USEPA action during the update period that will require Board
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
action is July 14, 2006, the due date for Board adoption of all amendments
in the period would be July 14, 2007.
B)
Statutory authority:
Implementing and authorized by Sections 7.2, 22.4(a), and 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 22.4(a) & 27].
C)
Scheduled meeting/hearing dates:
None scheduled at this time. The Board will vote to propose any
amendments at an open meeting in accordance with requirements
established by Sections 27 and 28 of the Act [415 ILCS 5/27 & 28]. No
hearing is required in identical-in-substance proceedings.
D)
Date agency anticipates First Notice:
The Board cannot project an exact date for publication at this time. The
Board expects to verify any federal actions by mid-February after which
time the Board will propose any amendments to the Illinois RCRA
Subtitle C hazardous waste rules that are necessary in response to the
federal amendments that have occurred. If the due date for Board
adoption of amendments in this docket is assumed to be July 14, 2007, the
Board will vote to propose amendments and cause a Notice of Proposed
Amendments to appear in the
Illinois Register
by early April 2007. This
would be sufficiently in advance of the due date to allow the Board to
accept public comments on the proposal for 45 days before acting to adopt
any amendments. Alternatively, if no amendment to the Illinois definition
is needed, the Board will promptly dismiss this reserved docket.
E)
Effect on small business, small municipalities, or not-for-profit
corporations:
This rulemaking may affect any small business, small municipality, or not-
for-profit corporation that engages in the generation, transportation,
treatment, storage, or disposal of hazardous waste.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking,
noting docket number R07-14, as follows:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions
concerning this regulatory agenda, noting docket
number R07-14, as follows:
Name:
Michael J. McCambridge, Attorney
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone:
312-814-6924
Internet:
mccambm@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
Section 22.4(a) of the Environmental Protection Act [415 ILCS 5/22.4(a)]
provides that Title VII of the Act and Section 5 of the Administrative
Procedure Act (APA) shall not apply. Because this rulemaking is not
subject to Section 5 of the APA, it is not subject to First Notice or to
Second Notice review by the Joint Committee on Administrative Rules.
Rather, the Board will cause a Notice of Proposed Amendments to appear
in the
Illinois Register
, and it will accept public comments on the proposal
for 45 days after the date of publication.
w)
Part (Heading and Code Citation):
Underground Storage Tanks (35 Ill. Adm. Code 731)
1)
Rulemaking: Docket number R07-15
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
A)
Description:
Section 22.4(d) of the Environmental Protection Act [415 ILCS 5/22.4(d)]
mandates that the Board update the Illinois underground storage tank
(UST) regulations to reflect amendments to the United States
Environmental Protection Agency (USEPA) UST regulations. The
mandate specifically excludes federal amendments relating to the design,
construction, installation, general operation, release detection, release
reporting, release investigation, release confirmation, out-of-service
systems, and closure or financial responsibilities for USTs.
The Board has reserved docket number R07-15 to accommodate any
amendments to 40 CFR 281 through 283 that USEPA may make in the
period July 1, 2006 through December 31, 2006. At this time, the Board is
not aware of any federal amendments that occurred during this update
period.
The Board will verify the existence of any federal actions and the Board
action required in response to each in coming weeks, by about mid-
February 2006. The Board will then propose corresponding amendments
to the Illinois UST regulations using the identical-in-substance procedure
or dismiss docket R07-15, as necessary and appropriate.
Section 22.4(d) mandates that the Board complete amendments within one
year of the date on which USEPA adopted the earliest action upon which
the amendments are based. Assuming for the purposes of illustration that
USEPA adopted an amendment that will require Board action on the first
day of the update period, on July 1, 2006, the due date for Board adoption
would be July 1, 2007.
B)
Statutory authority:
Implementing and authorized by Sections 7.2, 22.4(d), and 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 22.4(d) & 27].
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
C)
Scheduled meeting/hearing dates:
None scheduled at this time. The Board will vote to propose any
amendments at an open meeting in accordance with requirements
established by Sections 27 and 28 of the Act [415 ILCS 5/27 & 28]. No
hearing is required in identical-in-substance proceedings.
D)
Date agency anticipates First Notice:
The Board cannot project an exact date for publication at this time. The
Board expects to verify any federal actions by mid-February 2005, after
which time the Board will propose any amendments to the Illinois UST
regulations that are necessary in response to the federal amendments that
have occurred. If the due date for Board adoption of amendments in this
docket were assumed to be July 1, 2007, for the purposes of illustration,
the Board would vote to propose amendments and cause a Notice of
Proposed Amendments to appear in the
Illinois Register
by early April
2007. This would be sufficiently in advance of the due date to allow the
Board to accept public comments on the proposal for 45 days before
acting to adopt any amendments. Alternatively, if no amendment to the
Illinois regulations is needed, the Board will promptly dismiss this
reserved docket.
E)
Effect on small business, small municipalities, or not-for-profit
corporations:
This rulemaking may affect any small business, small municipality, or not-
for-profit corporation that owns or operations USTs.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking,
noting docket number R07-15
, as follows:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
Address questions concerning this regulatory agenda, noting docket
number R07-15, as follows:
Name:
Michael J. McCambridge, Attorney
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone:
312-814-6924
Internet:
mccambm@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
Section 22.4(d) of the Environmental Protection Act [415 ILCS 5/22.4(d)]
provides that Title VII of the Act and Section 5 of the Administrative
Procedure Act (APA) [5 ILCS 100/5-35, 40] shall not apply. Because this
rulemaking is not subject to Section 5 of the APA, it is not subject to First
Notice or to Second Notice review by the Joint Committee on
Administrative Rules. Rather, the Board will cause a Notice of Proposed
Amendments to appear in the
Illinois Register
, and it will accept public
comments on the proposal for 45 days after the date of publication.
x)
Part (Headings and Code Citation):
SOLID WASTE AND SPECIAL WASTE HAULING (35 Ill. Adm. Code
Part 807 and 811)
1)
Rulemaking
: No docket presently reserved.
A)
Description:
The Illinois Environmental Protection Agency (Agency) is planning to
propose amendments to Part 807 Subpart F and Part 811 Subpart G
relating to Financial Assurance. Among other things, the proposal will
include adding “evergreen” renewal language to several financial
assurance mechanisms.
B)
Statutory Authority
:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
These amendments will be proposed pursuant to Sections 21.1, 22 and 27
of the Environmental Protection Act [415 ILCS 5/21.1, 22 and 27]
C)
Scheduled Meeting/Hearing Dates:
No meetings or hearings are scheduled at this time. Once the proposal is
filed, the Board will conduct hearings as required by Sections 27 and 28
of the Act [415 ILCS 5/27 & 28].
D)
Date Agency Anticipates First Notice:
The Agency anticipates submitting its proposal in Spring 2005, after
which the Board will cause publication of a Notice of Proposed
Amendments in the
Illinois Register
.
E)
Effect on Small Business, Small Municipalities, or Not-for-Profit
Corporations:
The amendments may affect any small business, small municipality or
not-for-profit corporation providing or requesting financial assurance for
the closure and post closure care of waste disposal sites.
F)
Agency Contact Person for Information:
Address written comments concerning the substance of the rulemaking
to:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Name:
Erin Conley, Rules Coordinator
Address:
Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
Telephone:
217-782-2471
Internet:
conleye@ipcb.state.il.us
G)
Related Rulemaking and other pertinent information:
For information regarding the development of these amendments please
contact:
Name:
Stephanie Flowers
Address:
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
E-Mail:
Stephanie.Flowers@epa.state.il.us
y)
Parts (Headings and Code Citations):
Solid Waste (35 Ill. Adm. Code 807)
Solid Waste Disposal: General Provisions (35 Ill. Adm. Code 810)
Standards for New Solid Waste Landfills (35 Ill. Adm. Code 811)
Information to Be Submitted in a Permit Application (35 Ill. Adm. Code 812)
Procedural Requirements for Permitted Landfills (35 Ill. Adm. Code 813)
Interim Standards for Existing Landfills and Units (35 Ill. Adm. Code 814)
Procedural Requirements for All Landfills Exempt from Permits (35 Ill. Adm. Code 815)
1)
Rulemaking: Presently reserved docket number R07-13
A)
Description:
Section 22.40(a) of the Environmental Protection Act [415 ILCS
5/22.40(a)] mandates that the Board update the Illinois Resource
Conservation and Recovery Act (RCRA) Subtitle D municipal solid waste
landfill (MSWLF) regulations to reflect the United States Environmental
Protection Agency (USEPA) amendments to the federal RCRA Subtitle D
MSWLF rules.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
The Board has reserved docket number R07-13 to accommodate any
amendments to the RCRA Subtitle D regulations, 40 CFR 258, that
USEPA may make in the period July 1, 2006 through December 31, 2006.
At this time, the Board is not aware of any federal amendments to the
federal MSWLF rules that occurred during this update period.
The Board will verify the existence of any additional federal actions that
may affect the text of the federal primary drinking water standards and the
Board action required in response to each in coming weeks, by about mid-
February 2006. The Board will then propose corresponding amendments
to the Illinois RCRA Subtitle D MSWLF regulations using the identical-
in-substance procedure or dismiss docket R07-13, as necessary and
appropriate.
Section 22.40(a) mandates that the Board complete amendments within
one year of the date on which USEPA adopted the earliest action upon
which the amendments are based. In docket R07-13, if the earliest federal
amendments in the applicable period were assumed to have occurred on
the first day of the update period, on July 1, 2006, the due date for Board
adoption would be July 1, 2007.
B)
Statutory authority:
Implementing and authorized by Sections 7.2, 22.40(a) and 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 22.40(a) & 27].
C)
Scheduled meeting/hearing dates:
None scheduled at this time. The Board will vote to propose any
amendments at an open meeting in accordance with requirements
established by Sections 27 and 28 of the Act [415 ILCS 5/27 & 28]. No
hearing is required in identical-in-substance proceedings.
D)
Date agency anticipates First Notice:
The Board cannot project an exact date for publication at this time. The
Board expects to verify any federal actions by mid-February 2006, after
which time the Board will propose any amendments to the Illinois RCRA
Subtitle D MSWLF rules that are necessary in response to the federal
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
amendments that have occurred. If the due date for Board adoption of
amendments in this docket were assumed to be July 1, 2007, the Board
will vote to propose amendments and cause a Notice of Proposed
Amendments to appear in the
Illinois Register
by early April 2007. This
would be sufficiently in advance of the due date to allow the Board to
accept public comments on the proposal for 45 days before acting to adopt
any amendments. Alternatively, if no amendment to the Illinois definition
is needed, the Board will promptly dismiss this reserved docket.
E)
Effect on small business, small municipalities, or not-for-profit
corporations:
This rulemaking may affect any small business, small municipality, or not-
for-profit that engages in the land disposal of municipal solid waste.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking,
noting docket number R07-13, as follows:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions
concerning this regulatory agenda, noting docket
number R07-13, as follows:
Name:
Michael J. McCambridge, Attorney
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone:
312-814-6924
Internet:
mccambm@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
Section 22.40(a) of the Environmental Protection Act [415 ILCS
5/22.40(a)] provides that Title VII of the Act and Section 5 of the
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
Administrative Procedure Act (APA) shall not apply. Because this
rulemaking is not subject to Section 5 of the APA, it is not subject to First
Notice or to Second Notice review by the Joint Committee on
Administrative Rules. Rather, the Board will cause a Notice of Proposed
Amendments to appear in the
Illinois Register
, and it will accept public
comments on the proposal for 45 days after the date of publication.
z)
Part (Headings and Code Citation):
SPECIAL WASTE CLASSIFICATIONS (35 Ill. Adm. Code 808)
NONHAZARDOUS SPECIAL WASTE HAULING AND THE UNIFORM
PROGRAM (35 Ill. Adm. Code 809
1)
Rulemaking: R06-20
A)
Description:
This rulemaking was proposed to the Board on December 13, 2005, by
NORA, which stated that it is an association of recyclers formerly known
as the National Oil Recycling Association. The proposal seeks to amend
Parts 808 and 809 of the Board’s regulations concerning special waste
classifications and nonhazardous special waste hauling as they pertain to
used oil recycling in Illinois. NORA seeks to make the Illinois program
“substantially equivalent to the federal program”, by eliminating the
special waste hauling and manifesting requirements imposed on “used oil”
as defined and managed under Part 739
B)
Statutory Authority:
Implementing and authorized by Sections 27 and 28 of the Environmental
Protection Act [415 ILCS 5/27 & 28].
C)
Scheduled Meeting/Hearing Dates:
The Board has held hearings in this rulemaking on May 25,2006 in
Springfield and on June 29,2006 in Chicago. The Board does not
anticipate scheduling additional hearings.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
D)
Date Agency Anticipates First Notice:
The Board anticipates that it may adopt a first notice opinion and order in
this rulemaking in the Spring or Summer 2007.
E)
Effect on Small Business, Small Municipalities, or Not-for-Profit
Corporations:
The amendments may affect any small business, small municipality or
not-for-profit corporation that is involved in recycling or transporting
used oil.
F)
Agency Contact Person for Information
:
Address written comments concerning the substance of the rulemaking
to:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Name:
Erin Conley, Rules Coordinator
Address:
Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Telephone:
217-782-2471
Internet:
conleye@ipcb.state.il.us
G)
Related Rulemaking and other pertinent information:
None
aa)
Part (Headings and Code Citations):
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
SOLID WASTE DISPOSAL: GENERAL PROVISIONS (35 Ill. Adm. Code 810)
1)
Rulemaking: R06-08
A)
Description:
This site-specific rulemaking is based on a July 19, 2005 proposal filed by
the Silbrico Corporation (Silbrico) concerning nonhazardous, perlite
wastes generated at its manufacturing facility plant in Hodgkins, Cook
County. The proposal, filed on, seeks to amend the Board’s solid waste
disposal regulations to allow Silbrico to dispose of this waste in a “clean
fill construction and demolition debris” facility.
B)
Statutory authority:
Implementing Sections 5, 21, 21.1, 22, 22.17, and 28.1 and authorized by
Section 27 of the Environmental Protection Act [415 ILCS 5/5, 21, 21.1,
22, 22.17, 28.1 and 27].
C)
Scheduled meeting/hearing dates:
The Board is in the process of scheduling at least one hearing in this
rulemaking.
D)
Date Agency anticipates First Notice:
The Board may adopt a first notice opinion and order in this rulemaking
sometime in the Spring or Summer 2007.
E)
Effect on small businesses, small municipalities or not-for-profit
corporations:
Because this has been filed as a site-specific rulemaking, these
amendments would only affect Silbrico.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking to:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Name:
Erin Conley, Rules Coordinator
Address:
Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Telephone:
217-782-2471
Internet:
conleye@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
None
bb)
Part (Headings and Code Citations):
SOLID WASTE DISPOSAL: GENERAL PROVISIONS
(35 Ill. Adm. Code 810)
STANDARDS FOR NEW SOLID WASTE LANDFILLS
(35 Ill. Adm. Code 811)
1)
Rulemaking:
R07-8
A)
Description:
The Board accepted for hearing on August 17, 2006, a proposal filed by
the Illinois Chapter of the National Solid Wastes Management Association
(NSWMA) to amend the Board’s solid waste disposal regulations. When
filing this rulemaking proposal the NSWMA stated that it is “a not-for-
profit trade association representing companies that provide solid,
hazardous, and medical waste collecting, recycling, and disposal services.”
According to NSWMA, the proposal seeks to update the Board’s
regulations to reflect current solid waste disposal practices, and noted that
many of the rules proposed for amendment have been in effect since 1990.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
NSWMA stated that its proposal reflects both practical experience with
implementing these regulations and increased technical and scientific
knowledge. NSWMA described its proposal as “the culmination of almost
seven years of discussions” with the Illinois Environmental Protection
Agency (Agency). NSWMA stated that the Agency “supports and concurs
with all of the proposed amendments.”
NSWMA stated that it expects the following benefits to result from
adoption of its proposal. First, “it will eliminate or modify certain
regulations that are no longer technically reasonable in that they do not
reflect current and accepted practice in the industry.” Second, NSWMA
believes that the proposal will generate more accurate data, leading to
improved regulatory decision-making and environmental protection.
Third, NSWMA believes that the proposal will improve efficiency both
for the Agency and for regulated solid waste facilities.
B)
Statutory authority:
Implementing Sections 5, 21, 21.1, 22, 22.17 and 28.1 and authorized by
Section 27 of the Environmental Protection Act [415 ILCS 5/5, 21, 21.1,
22, 22.17, 28.1, and 27].
C)
Scheduled meeting/hearing dates:
The Board has scheduled hearings for January 29, 2007, in Chicago and
February 28, 2007, in Springfield.
D)
Date Agency anticipates First Notice:
The Board may adopt a first notice opinion and order in this rulemaking
sometime in the Spring or Summer 2007.
E)
Effect on small businesses, small municipalities or not-for-profit
corporations:
This rulemaking could impact any small businesses, small municipalities
or not-for-profit corporations that own or operate a solid waste disposal
business.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking to:
Name:
Dorothy Gunn, Clerk
Address
:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Name:
Erin Conley, Rules Coordinator
Address:
Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Telephone:
217-782-2471
Internet:
conleye@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
None
cc)
Part (Headings and Code Citations):
MANAGEMENT OF USED AND WASTE TIRES (35 Ill. Adm. Code 848)
1)
Rulemaking:
No docket presently reserved.
A)
Description:
The Illinois Environmental Protection Agency (Agency) is
planning to propose amendments to the Board’s regulations that
will allow better implementation of the used and waste tire
management program. The proposal will include, among others,
changes necessary to make the Board’s rules consistent with
legislative amendments to Title XIV of the Environmental
Protection Act [415 ILCS 5/53 et seq.] resulting from Public Act
92-0024.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
B)
Statutory authority:
Sections 27 and 55.2 of the Environmental Protection Act [415 ILCS 5/27
and 55.2].
C)
Scheduled meeting/hearing dates:
No meetings or hearings are scheduled at this time. Once the proposal is
filed, the Board will conduct hearings as required by Sections 27 and 28 of
the Act [415 ILCS 5/27 & 28].
D)
Date Agency anticipates First Notice:
The Agency may submit a proposal to the Board as soon as the Spring or
Summer 2007, after which the Board will cause publication of a Notice of
Proposed Rules in the
Illinois Register
.
E)
Effect on small businesses, small municipalities or not-for-profit
corporations:
This rulemaking may affect any small business, small municipality or not-
for-profit corporation that manages used or waste tires.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking to:
Name:
Dorothy Gunn, Clerk
Address
:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Name:
Erin Conley, Rules Coordinator
Address:
Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
Telephone:
217-782-2471
Internet:
conleye@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
No other presently-known proceeding will affect solid waste transfer
stations.
For information regarding the development of these rules please contact:
Stephanie Flowers
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
217-782-5544
Stephanie.Flowers@epa.state.il.us
dd)
Parts (Headings and Code Citations):
STANDARDS AND REQUIREMENTS FOR NEW AND EXISTING MUNICIPAL
WASTE TRANSFER STATIONS (New Part)
INFORMATION TO BE SUBMITTED IN A PERMIT APPLICATION FOR A
MUNICIPAL WASTE TRANSFER STATION (New Part)
PROCEDURAL REQUIREMENTS FOR MUNICIPAL WASTE TRANSFER
STATION PERMITS (New Part)
1)
Rulemaking
: No docket presently reserved.
A)
Description
:
The Illinois Environmental Protection Agency (Agency) is working on a
proposal to add new rules to the Board’s waste regulations. Municipal
waste transfer stations currently are regulated under 35 Ill. Adm. Code
807. The Part 807 rules were developed primarily for solid waste
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
landfills. As applied to transfer stations, they are very general with many
of the specific requirements for transfer stations imposed through permit
conditions under Section 807.206. Transfer stations are increasing in
number and importance in Illinois’ waste management system. In
addition, the United States Environmental Protection Agency published in
June 2002 “Waste Transfer Stations: A Manual for Decision-Making”
(EPA530-R-02-002), guidance developed to “promote the use of best
practices in transfer station siting, design and operation to maximize
facilities’ effectiveness while minimizing their impact on the
community.” The Agency is developing new Parts that will provide more
specific requirements for the design, construction, operation and closure
of municipal waste transfer stations as well as procedures for obtaining
permits. Included with municipal waste transfer stations accepting
garbage and general household and commercial waste are those transfer
stations accepting exclusively construction and demolition debris and
those used exclusively for landscape waste.
B)
Statutory authority:
These rules will be proposed pursuant to Sections 4(i), 21(d), 22, 27 and
28 of the Environmental Protection Act [415 ILCS 5/4(i), 21(d), 22, 27,
28].
C)
Scheduled meeting/hearing dates
:
No meetings or hearings are scheduled at this time. Once the proposal is
filed, the Board will conduct hearings in accordance with Sections 27 and
28 of the Act [415 ILCS 5/27, 28].
D)
Date Agency anticipates First Notice:
The Agency may submit a proposal to the Board as soon as the Spring or
Summer 2007, after which the Board will cause publication of a Notice of
Proposed Rules in the
Illinois Register
.
E)
Effect on small businesses, small municipalities or not-for-profit
corporations:
Generally, small businesses, small municipalities and not-for-profit
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
corporations will not be affected by the proposal unless they receive
municipal waste for transfer prior to treatment or disposal. For those that
do, the substantive changes in requirements for design, construction and
operation are expected to be minimal with many existing transfer stations
already in compliance with most of the standards and requirements.
However, there may be some expense for upgrading existing transfer
stations.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking to:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Name:
Erin Conley, Rules Coordinator
Address:
Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Telephone:
217-782-2471
Internet:
conleye@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
No other presently known proceeding will affect municipal waste transfer
stations.
For information regarding the development of these rules please contact:
Name:
Mark Wight
Address:
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
217-782-5544
Internet:
Mark.Wight@epa.state.il.us
ee)
Part (Headings and Code Citation):
PROCEDURES FOR REPORTING RELEASES OF RADIONUCLIDES AT
NUCLEAR POWER PLANTS (35 Ill. Adm. Code 1010) (New)
1)
Rulemaking: No docket presently reserved.
A)
Description:
The Illinois Environmental Protection Agency (Agency) is currently
developing a proposal for filing with the Board. Pursuant to Section 13.6
of the Environmental Protection Act (Act) [415 ILCS 5/13.6], the Agency
will propose rules prescribing standards for detecting and reporting
unpermitted releases of radionuclides into groundwater, surface water, or
soil at nuclear power plants.
B)
Statutory Authority:
Implementing and authorized by Section 5/13.6 of the Act [415 ILCS
5/13.6].
C)
Scheduled Meeting/Hearing Dates:
None scheduled at this time. Once the proposal is filed, the Board will
conduct hearings as required by Sections 27 and 28 of the Act [415 ILCS
5/27 & 28].
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
D)
Date Agency Anticipates First Notice:
The Agency proposal may be filed with the Board as soon as Spring 2007,
after which the Board will cause publication of a Notice of Proposed Rules
in the Illinois Register.
E)
Effect on Small Business, Small Municipalities, or Not-for-Profit
Corporations:
This rule will not directly affect any small business, small municipality, or
not-for-profit corporation.
F)
Agency Contact Person for Information:
Address written comments concerning the substance of the rulemaking to:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Name:
Erin Conley, Rules Coordinator
Address:
Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Telephone:
217-782-2471
Internet:
conleye@ipcb.state.il.us
G)
Related Rulemaking and other pertinent information:
For information regarding the development of these amendments please
contact:
Name:
Kyle Rominger
Address:
1021 N. Grand Avenue East
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2007 REGULATORY AGENDA
P.O. Box 19276
Springfield, Illinois 62794-9276