ILLINOIS POLLUTION CONTROL BOARD

January 21, 1993

IN THE

MATTER

OF:

)

)

AMENDMENTS TO 35 ILL.

ADN.

CODE

)

R92-20

615

AND

616 (GROUNDWATER); EXCEPTIONS

)

(Rulemaking)

FOR PESTICIDE

AND

FERTILIZER FACILITIES

)

Adopted Rule.

Final Order.

OPINION

AND ORDER

OF THE

BOARD

(by R.C. Flemal):

Public Act 87—1108 (Senate Bill 1750) amends the Illinois

Environmental Protection Act at Section 14

•

6 (Ill. Rev. Stat.

1991, ch. 111½, par. 1014.6) to provide an alternative

groundwater protection program for certain agrichernical

facilities that otherwise would be subject to the Board

regulations found at 35 Ill. Adm. Code 615 and 616. The Part 615

and 616 rules, which had an effective compliance date of January

1, 1993, regulate new and existing agricheinical facilities that

are located within setback zones of potable water wells.

Under the provisions of PA 87-1108 facilities may elect to

opt out of the Part 615 and 616 program and instead participate

in an alternative groundwater protection program to be

administered by the Illinois Department of Agriculture. The

purpose of the instant rulemaking is to conform the Part 615 and

616 regulations with PA 87-1108. This is accomplished by

appending to Sections 615.105 and 616.106 the exception procedure

provided under PA 87—1108.

~Q~D~RA.L

HISTORY

On October 16, 1992 thr~Board proposed language for first

notice as recommended by th~Illinois Environmental Protection

Agency (Agency) in Exhibit 1. First notice publication occurred

at 16 Ill. Reg. 16465 and 16473, October 30, 1992. Due to the

imminence of the January 1, 1993 compliance date and the need for

the matter to proceed expeditiously, the Board offered the

Agency’s recommendation for first notice without making

substantive evaluation of the merits of the recommendation.

Rather, the Board set hearings on an expedited schedule.

Hearings were held on December 8, 1992 in Bloomington,

Illinois, and on December 10, 1992 in DeKalb, Illinois.

On December 17, 1992 the Board adopted a second notice

proposal, which was identical to the first notice proposal except

for a clarifying modification made at the recommendation of the

0138-08e.J

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—2—

Agency (See Second Notice Opinion and Order). In addition, the

Board on December 17, 1992 stayed the applicability of Parts 615

and 616 to affected facilities pending completion of the instant

rulemaking. The stay will expire by its terms upon filing with

the Secretary of State of today’s order.

On January 12, 1993 the Joint Committee on Administrative

Rules

(JCAR)

issued a certificate of no objection to the instant

amendments. However, JCAR and the Board agreed that if it takes

action to stay

a regulatory

program

or to exempt any person from

a regulatory program, such

stay or exemption will be effectuated

through emergency or permanent rulemaking, and not solely through

an order of the Board.

MERITS

Hearing testimony was presented by the Illinois Fertilizer

and Chemical Association (IFCA), Growmark’, and the Illinois

Environmental Protection Agency (Agency). Each recommended that

the amendments be adopted. (Pr. at 5—8; Tr.2 at

72)

In

addition, during the first notice comment period the McHenry

County Defenders, Citizens for a Better Environment, and the

Illinois Chapter of the Sierra Club collectively (PC #4) plus the

Illinois Farm Bureau (PC 15) filed recommendations for adoption

of the amendments

IFCA and

Growmark

expect

that adoption of the amendments

would have an overall positive ecOnomic impact on the affected

facilities (Pr. at 7, 11.): Any economic benefit of these rules

may not be known until after the alternative programs rules are

developed. (Pr. at 7.)

ORDER

The Board directs the Clerk of the Board to submit the text

of the following amendments to the Secretary of State for final

notice pursuant to Section 6 of the Illinois Administrative

Procedure Act.

TITLE 35:

ENVIRONMENTAL

PROTECTION

SUBTITLE F: PUBLIC WATER SUPPLIES

CHAPTER

1: POLLUTION CONTROL BOARD

‘

Growmark also filed comments stating essentially the

same

information as presented at hearing.

2

Pr. at

and Tr.2 at

—

refer to the transcripts of the

two hearings, respectively.

Ot38-O8~2

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—3-

PART 615

EXISTING ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA

SUBPART A: GENERAL

Section

615.105

General Exceptions

a) This Part does not apply to any facility or unit, or to the

owner or operator of any facility or unit:

1) For which the owner or operator obtains certification

of minimal hazard pursuant to Section 14.5 of the Act;

or

2) For which alternate requirements are imposed in an

adjusted standard proceeding or as part of a aite—

specific rulemaking, pursuant to Title VII of the Act;

or

3) For which alternate requirements are imposed in a

regulated recharge area proceeding pursuant to Section

17.4 of the Act; or

4) That is LOCATED ON THE SAME SITE AS A NON-COMMUNITY

WATER SYSTEM WELL AND FOR WHICH THE OWNER IS THE SAME

FOR BOTH THE facility or unit AND THE WELL. (Section

14.4(b) of the Act); or

5) That is located WITHIN A REGULATED RECHARGE AREA AS

DELINEATED in 35 Ill. Ad!n. Code 617, PROVIDED THAT:

A) THE BOUNDARY OF THE LATERAL AREA

OF INFLUENCE

OF A

COMMUNITY WATER SUPPLY WELL LOCATED WITHIN THE

REGULATED RECHARGE AREA does not INCLUDE SUCH

facility or unit THEREIN;

B) THE DISTANCE FROM THE WELLHEAD OF THE COMMUNITY

WATER SUPPLY TO THE facility or unit EXCEEDS 2500

FEET; AND

C) THE COMMUNITY WATER SUPPLY WELL WAS not IN

EXISTENCE PRIOR TO JANUARY 1, 1988.

(Section 14.4(b) of the ACt)w : or

iL

Forwhich the owner or operator of the facility for

~tora~e and related handling of pesticides or

fertilizers for the ~ur~ose of commercial application

or at a central location for the ourpose of

distribution to retail sales outlets that has filed a

written notice of intent Pursuant to Section 146 of

the Act WITH THE DEPARTMENT OF AGRICULTURE BY JANUARY

1. 1993. OR WITHIN 6 MONTHS AFTER THE DATE ON WHICH A

O~38-O8~3

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—4—

MAXIMUM SETBACK

ZONE IS ESTABLISHED OR A REGULATED

RECHARGE AREA REGULATION

IS

ADOPTED THAT

AFFECTS SUCH A

FACILITY: or has filed

a written certification of

intent Pursuant to Section .14.6 of the Act ON THE

APPROPRIATE LICENSE OR

RENEWAL APPLICATION FORM

SUBMITTED

TO

THE DEPARTMENT

OF AGRICULTURE OR OTHER

APPROPRIATE AGENCY (Section 14.6(a~ of the Act).

This

exception shall not aoply to those facilities

that are

not in com~1iance with the program requirements of

subsections 14.6(b) and 146(c~ of

the

Act.

b)

Nothing in this Section shall limit

the

authority of the

Board to impose requirements on any facility or unit within

any portion of any setback zone or regulated recharge area

pursuant to the Act.

TITLE 35:

ENVIRONMENTAL

PROTECTION

SUBTITLE

F: PUBLIC

WATER

SUPPLIES

CHAPTER I: POLLUTION CONTROL

BOARD

PART 616

NEW

ACTIVITIES IN A SETBACK ZONE OR

REGULATED RECHARGE AREA

SUBPART A:

GENERAL

Section 616.105

General Exceptions

a) This Part does not apply to any facility or unit, or to the

owner or operator of any facility or unit, for which:

1) The owner or operator obtains certification of minimal

hazard pursuant to Section 14.5 of the Act; or

2) Alternate requirements are imposed in an adjusted

standard proceeding or in a site—specific rulemaking,

pursuant to Title VII of the Act; or

3) Alternate requirements are imposed in a regulated

recharge area proceeding pursuant to Section 17.4 of

the Act— : or

j)

The owner or operator of the facility for storac~eand

related handling of pesticides or fertilizers for the

~ur~ose

of commercial a~p1ication or at a

central

location for the

PU~POSB

of distribution to retail

sales outlets

that

has fj1~

p

written notice of intent

pursuant to Section 14.6 of the Act

WITS.

THE

DEPARTMENT

OF AGRICULTURE

BY

JANUARY

1. 1993. OR WITHIN 6 MONTHS

AFTER THE DATE ON WHICH A MAXIMUM SETBACK ZONE IS

ESTABLISHED OR A

REGULATED RECHARGE

AREA REGULATION IS

ADOPTED THAT AFFECTS SUCH A FACILITY: or has filed a

written certification of intent purèuant to Section

14.6 of the Act ON

THE

APPROPRIATE LICENSE OR RENEWAL

01 38-o8L~

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—5-

APPLICATION FORM SUBMITTED TO THE DEPARTMENT OF

AGRICULTURE OR OTHER APPROPRIATE AGENCY (Section

14.6 (a) of the Act). This exception shall not a~olvto

those facilities that are not in com~liancewith the

pro~ramrequirements of subsections 14.6(b) and 14.6(ct

of the Act.

b) Nothing in this Section shall limit the authority of the

Board to impose requirements on any facility or unit

within

any portion of any setback zone or regulated recharge area

in any adjusted standard proceeding, site—specific

rulemaking or a regulatory proceeding establishing the

regulated recharge area.

IT IS SO ORDERED.

I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above inion and order was

:~:d0~ the~/’~ day of

____________________,

1993, by

~

Dorothy N.

~nn,

Clerk

Illinois Po~ution Control Board

0138-08145