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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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

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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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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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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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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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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

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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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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

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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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(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

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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

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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

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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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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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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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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:

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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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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:

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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)

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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.

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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

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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:

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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)

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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

:

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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.

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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:

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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.

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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.

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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)

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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].

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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

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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

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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:

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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

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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.

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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

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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.

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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

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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

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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].

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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

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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

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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.

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