1. January 21, 2009 (74 Fed. Reg. 3437)
      1. Illinois Environmental Protection Agency
      2. Pursuant to the requirements of the Clean Water Act to conduct triennial reviews of water quality standards, the Illinois Environmental Protection Agency is preparing a rulemaking proposal for filing before the Board [ 33 U.S.C. §1313(c)(1)]. The pro...
      3. 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 Nationa...
      4. The amendments may affect any small business, small municipality or not-for-profit corporation performing environmental remediation under a program subject to the Board’s TACO rules, such as the Site Remediation Program (SRP), the Leaking Underground ...
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 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: Docket Number R04-8
A)
Description:
The Board is preparing a rulemaking to amend its procedural rules to
allow for electronic filings in all Board proceedings through the Board’s
“Clerk’s Office On-Line” (COOL). The rules will address 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 [415 ILCS 5/28] does
not require public hearings concerning procedural rules. The Board
therefore does not currently plan to schedule hearings in this rulemaking.
The Board would conduct hearings, however, if the level of public interest
indicates that they are desirable.
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POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
D)
Date agency anticipates First Notice:
The Board anticipates that it may propose amendments for first notice
publication in the
Illinois Register
in the Spring or Summer of 2009.
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. Proceedings before the Board include enforcement complaint
actions, administrative citation actions, rulemaking proceedings, variance
proceedings, adjusted standard proceedings, site-specific rulemaking
proceedings, permit appeals, property tax certifications, underground
storage tank 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:
John Therriault, Acting Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Richard McGill
Pollution Control Board
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
312-814-6983
mcgillr@ipcb.state.il.us
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
G)
Related rulemakings and other pertinent information:
No other presently anticipated proceedings would affect the text of Parts
101 through 130.
b)
Parts (Headings and Code Citations):
Permits and General Provisions (35 Ill. Adm. Code 201)
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 in
the process of developing a rulemaking proposal to file with the Board
setting forth regulations that will incorporate the Federal National
Emission Standards for Hazardous Air Pollutants (NESHAP) for certain
area sources, including but not limited to gasoline dispensing facilities.
B)
Statutory authority: Implemented by Section 10 of the Environmental
Protection Act [415 ILCS 5/10] and authorized by the Section 27 of the
Environmental Protection Act [415 ILCS 5/27].
C)
Scheduled meeting/hearing dates:
The Agency has stated that it anticipates filing a rulemaking proposal with
the Board in the Spring or Summer of 2009. 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 Section
27 of the Act [415 ILCS 5/27].
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 of 2009. After the filing of a proposal by the
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
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 rulemaking may affect any small business, small municipality, or not-
for-profit corporation that would fall under the classification of a gasoline
dispensing facility.
F)
Agency contact person for information:
Address comments concerning the substance of the rulemaking to:
John Therriault, Acting Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Carol Webb
Pollution Control Board
1021 North Grand Ave. East
P.O. Box 19274
Springfield, Illinois 62794
217-524-8509
webbc@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:
Kent Mohr
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
c)
Parts (Headings and Code Citations):
Permits and General Provisions (35 Ill. Adm. Code 201)
Definitions (35 Ill. Adm. Code 211)
1)
Rulemaking: No docket presently reserved.
A)
Description:
The Illinois Environmental Protection Agency (Agency) is in the process
of developing a rulemaking streamlining the Board’s regulations that
affect the permitting of synthetic minor sources and non-major sources.
The proposal would address extending the duration of federally
enforceable state operating permits (FESOPs) from 5 to 10 years and to
also establish a permit-by-rule in order to provide a simple, streamlined
means to ensure that small sources are excluded from the Clean Air Act
Permit Program (CAAPP).
B)
Statutory authority:
Implementing Sections 9 and 10 and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/9, 10 and 27].
C)
Scheduled meeting/hearing dates:
The Agency has stated that it anticipates filing a rulemaking proposal with
the Board in the Fall of 2009. 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 Section 27 of
the Act [415 ILCS 5/27].
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 Fall of 2009. After the filing of a proposal by the Agency, the Board
will cause a Notice of Proposed Amendments to appear in the
Illinois
Register
.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
E)
Effect on small business, small municipalities, or not-for-profit
corporation:
This rule change may affect any small business, small municipality, or not-
for-profit corporation subject to the Board’s permit rules.
F)
Agency contact person for information:
Address comments concerning the substance of the rulemaking:
John Therriault, Acting Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda,:
Carol Webb
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217-524-8509
webbc@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:
Rachel L. Doctors
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
d)
Parts (Headings and Code Citations): Major Stationary Sources Construction and
Modification (35 Ill. Adm. Code 203)
1)
Rulemaking: No docket presently reserved.
A)
Description:
The Illinois Environmental Protection Agency (Agency) is in the process
of developing a rulemaking to add relevant applicability provisions to
explicitly address PM2.5 and related precursor compounds.
B)
Statutory authority:
Implementing Sections 9.1 and 10 and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/9.1, 10 and 27].
C)
Scheduled meeting/hearing dates:
The Agency has stated that it anticipates filing a rulemaking proposal with
the Board in the Fall of 2009. 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 Section 27 of
the Act [415 ILCS 5/27].
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 Fall of 2009. 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 rule change may affect any small business, small municipality, or not-
for-profit corporation subject to provisions set forth in 35 Ill. Adm. Code
Part 203.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
F)
Agency contact person for information:
Address comments concerning the substance of the rulemaking:
John Therriault, Acting Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda:
Carol Webb
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217-524-8509
webbc@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:
Kent Mohr
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
e)
Part (Heading and Code Citation): Definitions and General Provisions (35 Ill. Adm.
Code 211)
1)
Rulemaking: Docket Number R10-7
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
 
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
material (VOM) to reflect the additions made by the United States
Envi ronmental 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 R10-7 to accommodate any
federal amendments to the 40 CFR 51.100(s) definition of VOM that
USEPA may make in the period January 1, 2009 through June 30, 2009.
At this time, the Board is aware of one set of amendments to the federal
definition of VOM that occurred during this update period. That action
is described as follows:
January 21, 2009 (74 Fed. Reg. 3437)
USEPA adopted two new exemptions from the definition of
VOM:
Propylene carbonate(PC) (IUPAC name 4-methyl -1,3-
dioxolan-2-one; also called cyclic propylene carbonate,
carbonic acid propylene ester, cyclic 1,2-propylene
carbonate, propylene glycol cyclic carbonate, 1,2-
propanediol carbonate, and 4-methyl-2-oxo-1,3-dioxolane;
CAS no. 108-32-7); and
Dimethyl carbonate (DMC) (IUPAC name; also called
methyl carbonate, and carbonic acid dimethyl ester; CAS
no. 616-38-6.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
PC is used as a high-permitivity component in lithium batteries
(not lithium-ion batteries); as a solvent in adhesives, paint
strippers, synthetic fibers and polymers, and cosmetics; and as a
plasticizer.
DMC is used as a solvent in paints and coatings, as a chemical
reagent for methylation and carbonylation reactions, and as a fuel
additive.
The Board will verify the exi stence of any other federal actions that may
affect the text of the federal primary drinking water standards, and the
Board action required in response to each by about mid-August 2009.
The Board will then either propose corresponding amendments to the
Illinois definition of VOM using the identical-in-substance procedure or
dismiss docket R10-7, 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 R10-7
, the earliest federal
amendments in the applicable period appear to have occurred on
January 21, 2009. Based on that date, the due date for Board adoption
of amendments in docket R10-7 would be January 21, 2010.
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.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
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-August 2009, after
which time the Board will either dismiss this docket or 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
January 21, 2010, 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 late October 2009. 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 rulemaki ng 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 R10-7, as follows:
John T. Therriault, Assistant Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R10-7, as follows:
Michael J. McCambridge, Attorney
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
312-814-6924
mccambm@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
Two other presently known proceedings could affect the general
provisions of Part 211. Both pertain to nitrogen oxides emissions
control. The Board adopted a Second Notice opinion and order in docket
R07-19
on May 21, 2009. The Board adopted a proposal for First
Notice in docket R08-19 on May 7, 2009.
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 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.
f)
Parts (Headings and Code Citations): Sulfur Limitations (35 Ill. Adm. Code 214)
1)
Rulemaking: No docket presently reserved.
A)
Description: The Illinois Environmental Protection Agency (Agency) is in
the process of developing a rulemaking proposal to file with the Board
setting forth regulations that will regulate the emissions of SO
2
from
several source categories within the nonattainment areas.
B)
Statutory authority: Implemented by Section 10 of the Environmental
Protection Act [415 ILCS 5/10] and authorized by the Section 27 of the
Environmental Protection Act [415 ILCS 5/27].
C)
Scheduled meeting/hearing dates:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
The Agency has stated that it anticipates filing a rulemaking proposal with
the Board in the Spring or Summer of 2009. 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 Section
27 of the Act [415 ILCS 5/27].
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 of 2009. 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 rulemaking may affect any small business, small municipality, or not-
for-profit corporations that owns or operates an affected emission unit.
F)
Agency contact person for information:
Address comments concerning the substance of the rulemaking to:
John Therriault, Acting Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Carol Webb
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217-524-8509
webbc@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:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
Gina Roccaforte
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794
g)
Parts (Headings and Code Citations):
Definitions and General Provisions (35 Ill. Adm. Code 211)
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
(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 USEPA’s Control
Technique Guidelines.
B)
Statutory authority:
Implementing Section 10 of the Act [415 ILCS 5/10] and authorized by
Sections 27 of the Act [415 ILCS 5/27].
C)
Scheduled meeting/hearing dates:
The Agency has stated that it anticipates filing a rulemaking proposal with
the Board in the Spring or Summer of 2009. No meetings or hearings are
scheduled at this time. Once the proposal is filed, the Board will conduct
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
public hearings in accordance with the requirements established by Section
27 of the Act [415 ILCS 5/27].
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 of 2009. 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 products.
F)
Agency contact person for information:
Address comments concerning the substance of the rulemaking to:
John Therriault, Acting Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Carol Webb
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217-524-8509
webbc@ipcb.state.il.us
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
G)
Related rulemakings and other pertinent information:
For information regarding the Agency’s development of this proposal,
please contact the following Agency attorney:
Dana Vetterhoffer
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): Nitrogen Oxides Emissions (35 Ill. Adm. Code
217)
1)
Rulemaking: Docket Number R06-22
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 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.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
B)
Statutory authority:
Implementing Sections 9.9 and 10 and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/9.9, 10 and 27].
C)
Scheduled meeting/hearing dates:
In its most recent status report filed with the Board on March 9, 2009, the
Agency stated that the U.S. Court of Appeals had remanded the Clean Air
Interstate Rule to USEPA without vacating it.
See
North Carolina v. EPA
,
550 F.3d 1176 (C.A.D.C. 2008). The Agency further stated that, in light
of that decision and the obligation to achieve interstate NOx reductions for
industrial boilers, a new rulemaking integrating non-EGUs into the CAIR
rules and to withdraw R06-22 may be proposed at that time.
D)
Date agency anticipates First Notice:
Because the Agency intends to withdraw this rulemaking upon filing a
new rulemaking in Spring 2009, the Board does not anticipate adopting a
first notice opinion and order in this rulemaking.
E)
Effect on small business, small municipalities, or not-for-profit
corporation:
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, noting
docket number R06-22 to:
John Therriault, Acting Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
Address questions concerning this regulatory agenda, noting docket
number R06-22 to:
Tim Fox
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
312-814-6085
foxt@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:
Rachel L. Doctors
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: Docket Number R09-20
A)
Description:
On April 21, 2009, the Board received a rulemaking proposal submitted by
the Illinois Environmental Protection Agency (IEPA or Agency) pursuant
to Section 27 and 28 of the Illinois Environmental Protection Act (Act)
(415 ILCS 5/27 and 28 (2004)). The proposal would add a single new
section, 35 Ill. Adm. Code 217.751 to 35 Ill. Adm. Code 217.Subpart W.
Beginning with any control period in 2009, the new section would
“sunset”, or render inapplicable, the provisions of the Nitrogen Oxides
Trading Program for electrical generating units (EGUs) found at 35 Ill.
Adm. Code 217.Subpart W.
In its statement of reasons, the IEPA correctly states that Illinois adopted
both the NOx Trading Program rules at 35 Ill. Adm. Code Part 217 and the
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
Clean Air Interstate Rule (CAIR) at 35 Ill. Adm. Code Part 225 after
adoption of similar rules by the United States Environmental Protection
Agency (USEPA). USEPA has approved both sets of rules for inclusion in
the State Implementation Plan (SIP) for ozone attainment. As do the
USEPA rules, the Illinois CAIR provisions as set forth in 35 Ill. Code Part
225.Subpart E include a trading program for control of NOx emissions
during the ozone season that replaces the provisions in Part 217.Subpart W
for EGUs beginning with the 2009 control period (May 1 through
September 30) and thereafter. But, due to a federal court ruling
concerning the federal CAIR rules in
North Carolina
v.
USEPA,
531 F.3d
896 (C.A.D.C. Cir. 2008), USEPA must take additional action concerning
its rules. To solve the problem of applicability of two sets of rules, in 40
CFR 51.123(bb)(1)(i), USEPA has provided that states such as Illinois
with approved CAIR programs may revise their applicable SIP so that the
provisions of the NO, SIP Call Trading Program do not apply to affected
EGUs.
IEPA’s proposal requesting the Board to amend the Illinois rules is the
first step to revision of the SIP. IEPA correctly states that EGUs must
comply with two sets of duplicative administrative requirements for the
2009 ozone season and beyond: the Illinois CAIR requirements at Part
225 and the Illinois NOx Trading Program at Part 217. To address and
remove the duplication, the IEPA proposes to sunset the provisions of the
NOx Trading Program, by adding a new Part 217.751 to sunset the rules
beginning with the 2009 ozone control season.
B)
Statutory authority:
Implementing Sections 9.9 and 10 and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/9.9, 10 and 27].
C)
Scheduled meeting/hearing dates:
The Board will accept testimony at hearings scheduled for:
June 18, 2009 1:00 p.m. James R. Thompson Center, 100 W. Randlolph,
Room 11-512, Chicago,: and
July 23, 2009 1:00 p.m. IEPA Office Building, Room 1244N, First Floor,
1021 West North Grand Avenue East, North Entrance,
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
Springfield.
D)
Date agency anticipates First Notice:
In response to an IEPA motion to expedite the ruling, the Board
authorized first notice publication of the proposal without comment on the
substantive merits in its May 7, 2009 opinion and order accepting the
proposal for hearing. First notice publication is imminent.
E)
Effect on small business, small municipalities, or not-for-profit
corporation:
This rule change may affect any small business, small municipality, or
not-for-profit corporation that is the owners or operator of electric
generating units subject to the requirements of 35 Ill. Adm. Code
217.Subpart W.
F)
Agency contact person for information:
Address comments concerning the substance of the rulemaking, noting
docket number R09-20 to:
John Therriault, Acting Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R09-20 to:
Kathleen M. Crowley
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
312-814-6929
crowlek@ipcb.state.il.us
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
G)
Related rulemakings and other pertinent information:
There are no other open rulemaking dockets that would amend 35 Ill.
Adm. Code 217.Subpart W.
For information regarding the Agency’s development of this proposal,
please contact the following Agency attorney:
Rachel L. Doctors
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): Nitrogen Oxides Emissions (35 Ill. Adm. Code
217)
1)
Rulemaking: No docket presently reserved.
A)
Description:
The rulemaking would amend Subpart U to provide consistency with
recently adopted provisions of 35 Ill. Adm. Code 225.
B)
Statutory authority:
Implementing Section 9.9 and authorized by Sections 10 and 27 of the
Environmental Protection Act [415 ILCS 5/9.9, 10 and 27].
C)
Scheduled meeting/hearing dates:
The Agency has stated that it anticipates filing a rulemaking proposal with
the Board in the Spring or Summer of 2009. 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:
 
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
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 of 2009. 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 rulemaking may affect any small business, small municipality, or not-
for-profit corporation that meets the applicability requirements set forth in
35 Ill. Adm. Code Section 217.454.
F)
Agency contact person for information:
Address comments concerning the substance of the rulemaking to:
John Therriault, Acting Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Carol Webb
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217-524-8509
webbc@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:
Rachel Doctors
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
Springfield, IL 62794
k)
Parts (Headings and Code Citations):
Definitions and General Provisions (35 Ill. Adm. Code 211)
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 in
the process of developing a rulemaking proposal to file with the Board
dealing with the Board’s regulations for organic material emission
standards and limitations for the Metro East and Chicago areas. More
specifically, the Agency will be setting forth a proposal that amends
Gasoline Volatility Standards. The rulemaking will also contain
amendments to provide consistency between Illinois’ regulations and the
Federal rules.
B)
Statutory authority: Implemented by Section 10 of the Environmental
Protection Act [415 ILCS 5/10] and authorized by the Section 27 of the
Environmental Protection Act [415 ILCS 5/27].
C)
Scheduled meeting/hearing dates:
The Agency has stated that it anticipates filing a rulemaking proposal with
the Board in the Spring or Summer of 2009. 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 Section
27 of the Act [415 ILCS 5/27].
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 of 2009. After the filing of a proposal by the
Agency, the Board will cause a Notice of Proposed Amendments to appear
in the
Illinois Register
.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
E)
Effect on small business, small municipalities, or not-for-profit
corporation:
This rulemaking may affect any small business, small municipality, or not-
for-profit corporation that is currently regulated by 35 Ill. Adm. Code
219.585.
F)
Agency contact person for information:
Address comments concerning the substance of the rulemaking to:
John Therriault, Acting Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Carol Webb
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217-524-8509
webbc@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:
Kent Mohr
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794
l)
Parts (Headings and Code Citations): Mobile Sources (35 Ill. Adm. Code 240)
1)
Rulemaking: No docket presently reserved.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
A)
Description: The Illinois Environmental Protection Agency (Agency) is in
the process of developing a rulemaking proposal to file with the Board
dealing with the Board’s regulations for the vehicle inspection and
maintenance testing program. The regulations will be revised to reflect
changes in relevant law and operational aspects of the underlying vehicle
inspection and maintenance testing program.
B)
Statutory authority: Implementing and authorized by the Vehicle
Emissions Inspection Law [625 ILCS 5/ch. 13B] and Section 27 of the
Environmental Protection Act [415 ILCS 5/27].
C)
Scheduled meeting/hearing dates:
The Agency has stated that it anticipates filing a rulemaking proposal with
the Board in the Spring or Summer of 2009. 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 Section
27 of the Act [415 ILCS 5/27].
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 of 2009. 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 rulemaking may affect any small business, small municipality, or not-
for-profit corporation that owns or operates a motor vehicle that is subject
to enhanced I/M testing regulations.
F)
Agency contact person for information:
Address comments concerning the substance of the rulemaking to:
John Therriault, Acting Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
Address questions concerning this regulatory agenda to:
Carol Webb
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217-524-8509
webbc@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:
Kent Mohr
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794
(217) 782-5544
m)
Parts (Headings and Code Citations): Air Quality Standards (35 Ill. Adm. Code 243)
1)
Rulemaking: Docket Number R09-19
A)
Description:
On December 1, 2008, the Board received a rulemaking proposal from
the Illinois Environmental Protection Agency (Agency) pursuant to
Sections 27 and 28 of the Illinois Environmental Protection Act (Act)
(415 ILCS 5/27, 28 (2006)). The Agency proposes to amend Part 243 to
reflect new National Ambient Air Quality Standards (NAAQS) adopted
by the United States Environmental Protection Agency (USEPA).
Specifically, the Agency proposes to repeal the one-hour ozone standard
and replace it with the eight-hour ozone standard. The Agency also
proposes to incorporate the new particulate matter (PM
2.5
) standard.
B)
Statutory Authority:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
Implementing Section 10 of the Act (415 ILCS 5/10 (2006)) and
authorized by Sections 27 and 28 of the Act (415 ILCS 5/27, 28 (2006)).
C)
Scheduled meeting/hearing dates:
The Board has held two hearings in this rulemaking, as required by
Sections 27 and 28 of the Act (415 ILCS 5/27, 28 (2006)). The first
hearing took place in Edwardsville on February 3, 2009, and the second
hearing took place in Chicago on March 10, 2009.
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 of 2009.
E)
Effect on small business, small municipalities, or not-for-profit
corporations:
Any small business, small municipality, or not-for-profit corporation that
emits the contaminants regulated by Part 243 could be affected by the
proposed amendments.
F)
Agency contact person for information:
Address comments concerning the substance of the rulemaking to:
John Therriault, Assistant Clerk
Pollution Control Board
100 W. Randolph St., Suite 11-500
Chicago, IL 60601
Address questions concerning this regulatory agenda to:
Carol Webb
1021 North Grand Avenue East
P.O. Box 19274
Springfield, IL 62794-9274
217-524-8509
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
webbc@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:
Charles Matoesian
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
n)
Part (Heading and Code Citation): Water Use Designations and Site Specific Water
Quality Standards (35 Ill. Adm. Code 303)
1)
Rulemaking: Docket Number R08-9
A)
Description:
On November 1, 2007, the Board accepted a proposal for hearing in Water
Quality Standards and Effluent Limitations for the Chicago Area
Waterway System and the Lower Des Plaines River: Proposed
Amendments to 35 Ill. Adm. Code 301, 302, 303, and 304 (R08-9). The
proposal filed by the Illinois Environmental Protection Agency (Agency)
on October 26, 2007, seeks to amend the Board’s water quality standards
for the “Chicago Area Water Way System” (CAWS) and the Lower Des
Plaines River. On November 15, 2007, after the response time to the
motion had run out, the Board granted the Agency’s request to hold the
hearings in this rulemaking in Chicago and Joliet.
In this rulemaking, the Agency proposes amendments to update the
designated uses and criteria necessary to protect the uses for the waters
currently designated for Secondary Contact and Indigenous Aquatic Life
Uses. These specific designations were for those waters not suited for
General Use activities. All waters in Illinois that carry these designations
are water bodies that were a part of the engineering effort that reversed the
flow of the Chicago River and are known as the CAWS and the Lower
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
Des Plaines River. In 2000 and 2002, the Agency began pilot programs
for the Lower Des Plaines River and CAWS to develop use attainability
analysis (UAA) for these waters. These proposed rule changes incorporate
the findings of the pilot programs.
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 has scheduled and held multiple days of hearings in this
rulemaking as required by Sections 27 and 28 of the Act [415 ILCS 5/27
& 28]. Hearings have been held during calendar years 2008 and 2009 in
Chicago, Joliet, and Des Plains. The Board has held over 28 days of
hearing, and additional hearings will be scheduled in 2009.
D)
Date agency anticipates First Notice:
The Board will consider this rulemaking for first notice publication in the
Illinois Register
in the Winter of 2009-2010.
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.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking to:
John Therriault, Acting Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
Address questions concerning this regulatory agenda to:
Marie Tipsord
Pollution Control Board
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
312-814-4925
tipsorm@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
o)
Parts (Headings and Code Citations): Water Use Designations and Site Specific Water
Quality Standards (35 Ill. Adm. Code 303)
1)
Rulemaking: Docket Number R07-21
A)
Description:
On May 30, 2007, the City of Joliet (Joliet) filed a proposal for a site-
specific rulemaking with the Board. Joliet’s proposal seeks site-specific
relief from the Board’s general use water quality standards for copper and
fluoride (35 Ill. Adm. Code 302.208(e) and (g)) and provisions for
determining water quality based effluent limitations (35 Ill. Adm. Code
304.105). Joliet states that under its proposal, the general use water
quality standards for copper and fluoride and the provisions for
determining water quality based effluent limitations would not apply to
that portion of Hickory Creek downstream from the Joliet Street Bridge in
Joliet to the juncture with the Des Plaines River that receives the discharge
from the Joliet East Side waste water treatment plant (WWTP). Instead,
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
Joliet proposes that its East Side WWTP discharge would have to comply
with limits of 0.15 milligrams per liter (mg/L) for copper and 3.5 mg/L for
fluoride as monthly average values.
Joliet explains that its petition is a follow-up to a March 30, 2007 Consent
Order entered in a Will County Circuit Court case between Joliet, the
Illinois Environmental Protection Agency, and the Attorney General’s
Office. According to Joliet, the Consent Order set interim daily maximum
limits for copper limit (0.1156 mg/L) and fluoride (3.5 mg/L).
B)
Statutory authority:
Implementing and authorized by Section 27 of the Environmental
Protection Act [415 ILCS 5/27]
C)
Scheduled meeting/hearing dates:
The assigned Board hearing officer is awaiting word from Joliet on Joliet’s
readiness to proceed with a hearing in this site-specific rulemaking.
D)
Date agency anticipates First Notice:
The Board anticipates that it may propose a site-specific rule for first-
notice publication in the
Illinois Register
in the Spring or Summer of
2009.
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 downstream of Joliet’s discharge into
the Des Plaines River, as outlined above.
F)
Agency contact person for information:
Address comments concerning the substance of the rulemaking to:
John Therriault, Acting Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
 
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Kathleen Crowley
Pollution Control Board
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
312-814-6929
crowlek@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
None
p)
Parts (Heading and Code Citation): Water Quality Standards (35 Ill. Adm. Code 302)
1)
Rulemaking: No docket presently reserved.
A)
Description:
Pursuant to the requirements of the Clean Water Act to conduct triennial
reviews of water quality standards, the Illinois Environmental Protection
Agency is preparing a rulemaking proposal for filing before the Board [ 33
U.S.C. §1313(c)(1)]. The proposal is expected to update the Public and
Food Processing Water Supply and General Use water quality standards in
35 Ill. Adm. Code Part 302 for boron, manganese and fluoride based on
the most up to date scientific information available.
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].
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
D)
Date agency anticipates First Notice:
An Agency submittal of the rulemaking proposal is anticipated by Fall or
Winter of 2009. 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 businesses, small municipalities or not for profit
corporations:
This rule may affect any small business, small municipality or not-for-
profit corporation that discharges boron, manganese or fluoride into waters
of the State designated as General Use waters or Public and Food
Processing Water Supply waters.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking to:
John Therriault, Acting Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Carol Webb
Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217-524-8509
webbc@ipcb.state.il.us
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
G)
Related Rulemaking and other pertinent information:
Interested persons may contact the Agency about its prospective
rulemaking proposal as follows:
Deborah J. Williams
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
217-782-5544
q)
Parts (Headings and Code Citations):
Sewer Discharge Criteria (35 Ill. Adm. Code 307)
Pretreatment Programs (35 Ill. Adm. Code 310)
1)
Rulemaking: Docket Number R10-6
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 R10-6 to accommodate any
amendments to the federal wastewater pretreatment rules, 40 CFR 400
through 499, that USEPA may have made in the period January 1, 2009
through June 30, 2009. At this time, the Board is not aware of any
amendments to the federal wastewater pretreatment regulations that
occurred during this update period.
The Board will verify the exi stence 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
weeks, by about mid-August 2009. The Board will then propose
corresponding amendments to the Illinois wastewater pretreatment
regulations using the identical-in-substance procedure under docket
R10-6, 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 R10-6, if the earliest
federal amendments in the applicable period occurred on January 1,
2009, the due date for Board adoption would be January 1, 2010.
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].
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-August 2009, 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 is assumed to be January 1, 2010, the Board
would vote to propose amendments and cause a Notice of Proposed
Amendments to appear in the
Illinois Register by mid-October 2009.
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.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
E)
Effect on small business, small municipalities, or not-for-profit
corporations:
This rulemaki ng 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 R10-6, as follows:
John T. Therriault, Assistant Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R10-6, as follows:
Michael J. McCambridge, Attorney
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
312-814-6924
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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
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.
r)
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
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 of 2009. After the filing of a proposal by the
Agency, the Board will cause a Notice of Proposed Rules to appear in the
Illinois Register
.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
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:
John Therriault, Acting Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Carol Webb
Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217-524-8509
webbc@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
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:
Stefanie Diers
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
 
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
Springfield, Illinois 62794-9276
Interested persons may also contact the following Agency representative
about its prospective rulemaking proposal:
Alan Keller, P.E.
Manager, Northern Municipal Unit
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
217-782-0810
s)
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
22, 2008.
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].
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
D)
Date agency anticipates First Notice:
An Agency submittal of the rulemaking proposal is anticipated by Spring
or Summer of 2009. 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 businesses, small municipalities or not for profit
corporations:
This rule could affect any agri-business that meets the definition of a
Concentrated Animal Feeding Operation and discharges or proposes to
discharge to waters of the State.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking to:
John Therriault, Acting Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Carol Webb
Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217-524-8509
webbc@ipcb.state.il.us
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
G)
Related Rulemaking and other pertinent information:
Interested persons may contact the Agency about its prospective
rulemaking proposal as follows:
Deborah J. Williams
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Post Office Box 1927
Springfield, Illinois 62794-9276
217-782-5544
t)
Part (Heading and Code Citation): Primary Drinking Water Standards (35 Ill. Adm.
Code 611)
1)
Rulemaking: Docket Number R10-1
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 Drinki ng Water Act
(SDWA) primary drinking water regulations.
The Board has reserved docket number R10-1 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 January 1, 2009 through
June 30, 2009. At this time, the Board is not aware any federal
amendments to the SDWA primary drinking water regulations that
occurred during this update period.
The Board will verify the exi stence of any other federal actions that may
affect the text of the federal primary drinki ng water standards and the
Board action required in response to each in coming weeks, by about
mid-August 2009. The Board will then propose corresponding
amendments to the Illinois SDWA primary drinking water regulations
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
using the identical-in-substance procedure or dismiss docket R10-1, 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 R10-1, if the earliest federal
amendments in the applicable period occurred on January 1, 2009, the
due date for Board adoption would be January 1, 2010.
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-August 2009, 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 were assumed to be July 1, 2010, 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 October 2009. 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.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
E)
Effect on small business, small municipalities, or not-for-profit
corporations:
This rulemaki ng 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 servi ce 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 R10-1
, as follows:
John T. Therriault, Assistant Clerk
Pollution Control Board
100 West Randolph Street Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R10-1, as follows:
Michael J. McCambridge, Attorney
Pollution Control Board
100 West Randolph Street Suite 11-500
Chicago, Illinois 60601
312-814-6924
mccambm@ipcb.state.il.us
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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
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.
u)
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
JULY 2009 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 of 2009. 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:
John Therriault, Acting Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
Address questions concerning this regulatory agenda to:
Carol Webb
Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217-524-8509
webbc@ipcb.state.il.us
G)
Other pertinent information concerning these amendments:
Interested persons may contact the Agency about its prospective
rulemaking proposal as follows:
Jim Shaw
Division of Laboratories
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P. O. Box 19276
Springfield, IL 62794-9276
v)
Part (Heading and Code Citation): Groundwater Quality (35 Ill. Adm. Code 620)
1)
Rulemaking: Docket Number R08-18
A)
Description:
On February 19, 2008, the Board received a rulemaking proposal from the
Illinois Environmental Protection Agency (Agency) to amend the Board’s
groundwater quality rules (35 Ill. Adm. Code 620). On March 20, 2008,
the Board accepted the Agency’s proposal for hearing in Proposed
Amendments to Groundwater Quality Standards, 35 Ill. Adm. Code 620,
docket R08-18. In its proposal, the Agency notes that it is periodically
necessary to amend the groundwater quality standards to account for new
scientific data, federal updates, updated technical references, and the
discovery of additional groundwater parameters. To that end, the
proposed amendments, according to the Agency are intended to ensure
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
that as the science and technical data behind the standards evolve, the
groundwater regulations stay current.
The Agency states that in developing the proposal, the Agency evaluated
the electronically-reported groundwater data for Illinois Resource
Conservation and Recovery Act (RCRA) and solid waste facilities under
its purview. A data query was conducted for some 300 groundwater
parameters not included in 35 Ill. Adm. Code 620.Subpart C. The Agency
explains that it also evaluated confirmed groundwater contaminants at
various cleanup sites. The Agency now proposes, for example, updates to
make Part 620 consistent with groundwater remediation objectives listed
in the Tiered Approach to Corrective Action Objectives (TACO) (35 Ill.
Adm. Code 742) for several chemicals detected in groundwater but not
currently included in Part 620. The Agency also proposes a groundwater
standard for perchlorate based on the new reference dose published by the
United States Environmental Protection Agency (USEPA) and
recommended by the National Academy of Science (NAS). Additionally,
the Agency is proposing an amendment to the existing groundwater
standard of 0.050 milligrams per liter (mg/L) for arsenic based on the
amendment of the federal drinking water standard or maximum
contaminant level (MCL) for arsenic to 0.010 mg/L. The Agency further
proposes amendments to the provisions on incorporations by reference,
including the addition of “Guidance Document for Groundwater
Protection Needs Assessments (January 1995),” prepared by the Agency,
the Illinois State Water Survey, and the Illinois State Geologic Survey.
B)
Statutory authority:
Implementing and authorized by Section 8 of the Illinois Groundwater
Protection Act (IGPA) [415 ILCS 55/8] and Section 27 of the
Environmental Protection Act [415 ILCS 5/27].
C)
Scheduled meeting /hearing date:
The Board held two hearings in this rulemaking as required by Sections 27
and 28 of the Environmental Protection Act [415 ILCS 5/27, 28]. The
first hearing took place in Chicago on June 18, 2008, and the second
hearing took place in Springfield on July 16, 2008.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
D)
Date agency anticipates First Notice:
The Board anticipates that it may propose amendments for first-notice
publication in the
Illinois Register
in the Summer or Fall of 2009.
E)
Effect on small businesses, small municipalities or not-for-profit
corporations:
The Agency does not anticipate that the proposed amendments would have
a significant impact on any small business, small municipality, or not-for-
profit corporation. Sources and facilities that may be impacted would
include those that cause, threaten, or allow the contamination of
groundwater. According to the Agency, however, the proposed
groundwater quality standards do not establish new corrective action or
monitoring programs, and new constituent standards would be phased into
existing programs, as appropriate, over time. The Agency explains that
any economic impact resulting from applying the new standards therefore
would be incremental and occur on a site-by-site basis over time.
Considering the resource and its end users, the Agency indicates that
economic benefits may result from adopting these standards, including
reduced health risks, reduced expenses for treating water at wellheads, and
reduced expenses for obtaining water supplies.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking to:
John Therriault, Acting Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Richard McGill
Pollution Control Board
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
312-814-6983
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
mcgillr@ipcb.state.il.us
G)
Related rulemaking and other pertinent information:
A related rulemaking is pending in Board docket R09-9, captioned
Proposed Amendments to Tiered Approach to Corrective Action
Objectives (35 Ill. Adm. Code 742)
For information regarding the Agency’s development of this proposal,
please contact:
Richard Cobb
Illinois Environmental Protection Agency
1021 North Grand Ave. East
P.O. Box 19276
Springfield, IL 62794-9276
w)
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)
1)
Rulemaking: Docket Number R10-2
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 R10-2 to accommodate any
amendments to the federal UIC regulations, 40 CFR 144 through 148,
during the period January 1, 2009 through June 30, 2009. At this time,
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
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 exi stence of any federal actions that affect the
UIC regulations and the Board action required in response to each in
coming weeks, by about mid-August 2009. The Board will then propose
corresponding amendments to the Illinois UIC regulations using the
identical-in-substance procedure or dismiss docket R10-2, 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 R10-2, if the earliest federal
amendments in the applicable period were assumed to have occurred on
the first day of the update period, January 1, 2009, the due date for
Board adoption would be January 1, 2010.
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
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-August 2009, 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 January 1, 2010, the Board would vote to
propose amendments and cause a Notice of Proposed Amendments to
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
appear in the Illinois Register by mid-October 2009. 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 rulemaki ng 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 R10-2, as follows:
John T. Therriault, Assistant Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R10-2, as follows:
Michael J. McCambridge, Attorney
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
312-814-6924
mccambm@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
The reserved RCRA Subtitle C update docket R10-4, and other, as yet
unknown, unrelated Board proceedings may affect the text of Parts 702,
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
705, and 720. No other presently known proceeding would affect Part
730.
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.
x)
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 R10-4
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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
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 R10-4 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
January 1, 2009 through June 30, 2009. At this time, the Board is not
aware of any amendments to the federal RCRA Subtitle C hazardous
waste regulations that occurred during this update period.
The Board will verify the exi stence of any other federal actions that
affect the RCRA Subtitle C regulations and the Board action required in
response to each in coming weeks, by about mid-August 2009. The
Board will then propose corresponding amendments to the Illinois UIC
regulations using the identical-in-substance procedure or dismiss docket
R10-4, 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. In docket R10-4
, if the earliest federal
amendments in the applicable period occurred on January 1, 2009, the
due date for Board adoption would be January 1, 2010.
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.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
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-August 2009, 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 January 1, 2009,
the Board would vote to propose amendments and cause a Notice of
Proposed Amendments to appear in the Illinois Register by mid-
September, 2009. 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 rulemaki ng 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.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking,
noting docket number R10-4, as follows:
John T. Therriault, Assistant Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R10-4, as follows:
Michael J. McCambridge, Attorney
Pollution Control Board
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
312-814-6924
mccambm@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
The reserved UIC update docket R10-3, and other, as yet unknown,
unrelated Board proceedings may affect the text of Parts 702, 705, and
720. No other presently-known proceeding would affect Parts 703, 721,
722, 723, 724, 725, 726, 728, 733, 738, and 739.
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.
y)
Part (Heading and Code Citation): Underground Storage Tanks (35 Ill. Adm. Code
731)
1)
Rulemaking: Docket Number R10-5
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-
servi ce systems, and closure or financial responsibilities for USTs.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
The Board has reserved docket number R10-5 to accommodate any
amendments to 40 CFR 281 through 283 that USEPA may make in the
period January 1, 2009 through June 30, 2009. At this time, the Board
is not aware of any federal amendments that occurred during this update
period.
The Board will verify the exi stence of any federal actions and the Board
action required in response to each in coming weeks, by about mid-
August 2009. The Board will then propose corresponding amendments
to the Illinois UST regulations using the identical-in-substance procedure
or dismiss docket R10-5, 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, January 1, 2009, the due
date for Board adoption of amendments in docket R10-5 would be
January 1, 2010.
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].
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-August 2009, after
which time the Board will propose any amendments to the Illinois UST
regulations that are necessary in response to the federal amendments that
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
have occurred. If the due date for Board adoption of amendments in this
docket were assumed to be January 1, 2010, 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
mid-October 2009. 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 rulemaki ng 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 rulemaki ng,
noting docket number R10-5
, as follows:
John T. Therriault, Assistant Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R10-5, as follows:
Michael J. McCambridge, Attorney
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
312-814-6924
mccambm@ipcb.state.il.us
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
G)
Related rulemakings and other pertinent information:
No other presently-known proceeding would impact the text of Part 731.
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.
z)
Part (Heading and Code Citation): Site Remediation Program (35 Ill. Adm. Code 740)
1)
Rulemaking: No docket presently reserved.
A)
Description:
The Illinois Environmental Protection Agency (“Agency”) is currently
developing a proposal, for filing with the Board, to amend the Board rules
for the Site Remediation Program (“SRP”) (35 Ill. Adm. Code 740).
Amendments will be proposed to account for implementation of the new
indoor inhalation exposure route (currently proposed in 35 Ill. Adm. Code
742), as well as to make necessary updates to the SRP that have arisen
since the rules were last amended in 2004.
B)
Statutory authority:
These amendments will be proposed pursuant to Sections 27, 58.5, and
58.11 of the Environmental Protection Act [415 ILCS 5/27, 5/58.5, and
5/58.11].
C)
Scheduled meeting /hearing date:
None scheduled at this time. Once the proposal is filed, the Board will
conduct hearings as required by Sections 27 and 28 of the Environmental
Protection Act [415 ILCS 5/27 and 5/28].
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
D)
Date agency anticipates First Notice:
The Agency proposal may be filed with the Board as soon as Fall or
Winter of 2009, after which 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 amendments may affect any small business, small municipality, or
not-for-profit corporation that participates in the SRP.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking to:
John Therriault, Acting Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Carol Webb
Pollution Control Board
1021 N. Grand Ave. East
P.O. Box 19274
Springfield, Illinois 62794-9274
217-524-8509
webbc@ipcb.state.il.us
G)
Related rulemaking and other pertinent information:
For information regarding the Agency’s development of this proposal,
please contact:
Kimberly A. Geving
Illinois Environmental Protection Agency
1021 North Grand Ave. East
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
P.O. Box 19276
Springfield, IL 62794-9276
aa)
Part (Headings and Code Citation): Tiered Approach to Corrective Action Objectives (35
Ill. Adm. Code 742)
1)
Rulemaking: Docket Number R09-9
A)
Description:
On September 3, 2008, the Illinois Environmental Protection Agency
(Agency) filed a proposal with the Board to amend the Board rules for
Tiered Approach to Corrective Action Objectives (TACO)(35 Ill. Adm.
Code 742). On September 16, 2008, the Board accepted the Agency’s
proposal for hearing in Proposed Amendments to Tiered Approach to
Corrective Action Objectives (35 Ill. Adm. Code 742), docket R09-9.
According to the Agency, the proposed amendments seek to add the
indoor inhalation exposure route to the existing risk-based methodology
and update remediation objectives for all of the exposure routes under
TACO.
B)
Statutory Authority:
These amendments were proposed pursuant to Section 27 of the
Environmental Protection Act [415 ILCS 5/27].
C)
Scheduled Meeting/Hearing Dates:
The Board held two hearings in this rulemaking as required by Sections 27
and 28 of the Environmental Protection Act [415 ILCS 5/27, 28]. The
first hearing took place in Springfield on January 27, 2009, and the second
hearing took place in Chicago on March 17, 2009.
 
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
D)
Date Agency Anticipates First Notice:
The Board anticipates that it may propose amendments for first-notice
publication in the
Illinois Register
in the Summer or Fall of 2009.
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 performing environmental remediation under a
program subject to the Board’s TACO rules, such as the Site Remediation
Program (SRP), the Leaking Underground Storage Tank (LUST) Program,
or a Resource Conservation and Recovery Act (RCRA) Part B permit.
According to the Agency, the use of TACO has put many sites back into
safe, productive use while significantly decreasing remediation expenses
statewide. The Agency contends that its proposed amendments are
economically reasonable and that the public policy reasons for adding the
indoor inhalation exposure route to the TACO rules far outweigh any extra
costs that may be incurred due to the addition of the new exposure route.
F)
Agency Contact Person for Information:
Address written comments concerning the substance of the rulemaking to:
John Therriault, Acting Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Richard McGill
Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
312-814-6983
mcgillr@ipcb.state.il.us
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
G)
Related Rulemaking and other pertinent information:
A related rulemaking is pending in Board docket R08-18, captioned
Proposed Amendments to Groundwater Quality Standards, 35 Ill. Adm.
Code 620.
For information regarding the development of these amendments please
contact:
Kimberly A. Geving
1021 N. Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
bb)
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:
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].
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
D)
Date Agency Anticipates First Notice:
The Agency anticipates submitting its proposal in Spring or Summer of
2009, 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:
John Therriault, Acting Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Carol Webb
Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217-524-8509
webbc@ipcb.state.il.us
G)
Related Rulemaking and other pertinent information:
For information regarding the development of these amendments please
contact:
Stephanie Flowers
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Stephanie.Flowers@epa.state.il.us
cc)
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: Docket Number R10-3
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.
The Board has reserved docket number R10-3 to accommodate any
amendments to the RCRA Subtitle D regulations, 40 CFR 258, that
USEPA may make in the period January 1, 2009 through June 30, 2009.
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 exi stence of any additional federal actions that
may affect the text of the federal primary drinki ng water standards and
the Board action required in response to each in coming weeks, by about
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
mid-August 2009. The Board will then propose corresponding
amendments to the Illinois RCRA Subtitle D MSWLF regulations using
the identical-in-substance procedure or dismiss docket R10-3, 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. Assuming for the purposes of
illustration that USEPA adopted an amendment that will require Board
action on the first day of the update period, January 1, 2009, the due
date for adoption of amendments in docket R10-3 would be January 1,
2010.
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-August 2009, 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
amendments that have occurred. If the due date for Board adoption of
amendments in this docket were assumed to be January 1, 2009, the
Board would vote to propose amendments and cause a Notice of
Proposed Amendments to appear in the Illinois Register by mid-October
2009. 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 REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
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 rulemaki ng 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 R10-3, as follows:
John T. Therriault, Assistant Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R10-3, as follows:
Michael J. McCambridge, Attorney
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
312-814-6924
mccambm@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
No other presently known proceedings would affect the text of Parts 807,
810, 811, 812, 813, 814, or 815.
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
Administrative Procedure Act (APA) shall not apply. Because this
rulemaking is not subject to Section 5 of the APA, it is not subject to
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
First Notice or to Second Notice revi ew 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.
dd)
Parts (Headings and Code Citations): Proposed Site-Specific Closures of Surface
Impoundments (35 Ill. Adm. Code 840)
1)
Rulemaki ng: Docket Number R09-21
A)
Description:
On May 19, 2009, Ameren Energy Generating Company (Ameren) filed a
proposal for site-specific rulemaking. Ameren proposes a new subchapter
in the Board’s waste disposal regulations to address the closure of surface
impoundments. Specifically, Ameren seeks the adoption of regulations
through which it can close Ash Pond D at its Hutsonville Power Station
(Station) near Hutsonville, Crawford County.
Ameren argues that the Board’s water pollution regulations apply during
the operation of surface impoundments such as Pond D. Ameren further
argues that, when closed, those surface impoundments are not defined as
landfills and do not fit within the scope of the Board’s waste disposal
rules or other regulations. Ameren claims that these circumstances
warrant adoption of a site-specific rule. Specifically, Ameren proposes a
new subchapter addressing surface impoundments under the existing
Subtitle G regulations governing waste disposal.
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 date:
The Board has not yet accepted the petition for hearing. Once the Board
does so, it will hold at least one hearing in Crawford County
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
D)
Date agency anticipates First Notice:
The Board may propose a site-specific rule for first notice publication in
the Illinois Register in the Fall of 2009.
E)
Effect on small businesses, small municipalities or not-for-profit
corporations:
This proposal may affect a small business, small municipality or not-for-
profit corporation operating and wishing to close a surface impoundment.
F)
Agency contact person for information:
Address written comments concerning the substance of the R09-21
rulemaking to:
John Therriault, Acting Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address concerning this regulatory agenda to:
Carol Webb
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217-524-8509
webbc@ipcb.state.il.us
G)
Related rulemaking and other pertinent information:
No other presently anticipated proceedings would affect the text of the
proposed Part 840.
ee)
Part (Headings and Code Citations): Management of Used and Waste Tires (35 Ill. Adm.
Code 848)
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
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.
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 of 2009, 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:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
John Therriault, Acting Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Carol Webb
Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217-524-8509
webbc@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
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
ff)
Parts (Headings and Code Citations): Procedures for Permit Issuance (35 Ill. Adm.
Code 705)
1)
Rulemaking: No docket presently reserved.
A)
Description:
35 Ill. Adm. Code 705 contains procedural requirements the Illinois
nvironmental Protection Agency (Agency) must follow for the issuance of
RCRA (Resource Conservation and Recovery Act) and UIC
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
(Underground Injection Control) permits. The Agency is considering a
proposal that would amend 35 Ill. Adm. Code 705.165 to make it
consistent with the requirements in the corresponding provision in the
U.S. Environmental Protection Agency’s RCRA and UIC rules, 40 C.F.R.
124.10(e) (2008).
B)
Statutory authority:
These rules will be proposed pursuant to Sections 4(i), 22.4(b), 27 and 28
of the Environmental Protection Act [415 ILCS 5/4(i), 22.4(b), 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 of 2009, 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
corporations will not be affected by the proposal unless they wish to
participate in public comment or public hearing proceedings for RCRA or
UIC permit applications. If so, they may be required to request the
specified documents from the Agency rather than receiving them
unsolicited along with the public notice of a tentative permit denial,
comment period or hearing.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking to:
John Therriault, Acting Clerk
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Carol Webb
Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217-524-8509
webbc@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
For information regarding the development of these rules please contact:
Mark Wight
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
217-782-5544
Mark.Wight@illinois.gov
gg)
Parts (Headings and Code Citations):
Definitions and General Provisions (35 Ill. Adm. Code 211)
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:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
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: metal furniture coatings, large appliance coatings, and paper,
film and foil coatings. The proposal will establish VOC content limits for
the various product categories as set forth in USEPA’s 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 Spring or Summer of 2009. 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 of 2009. 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 products.
F)
Agency contact person for information:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
Address comments concerning the substance of the rulemaking to:
John Therriault, Acting Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Carol Webb
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217-524-8509
webbc@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:
Dana Vetterhoffer
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
hh)
Parts (Headings and Code Citations):
Definitions and General Provisions (35 Ill. Adm. Code 211)
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:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
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: miscellaneous metal products coatings, plastic parts coatings,
auto and light-duty truck assembly coatings, fiberglass boat manufacturing
materials, and miscellaneous industrial adhesives. The proposal will
establish VOC content limits for the various product categories as set forth
in USEPA’s Control Technique Guidelines.
B)
Statutory authority:
Implementing Section 10 of the Act [415 ILCS 5/10] and authorized by
Section 27 of the Act [415 ILCS 5/27].
C)
Scheduled meeting/hearing dates:
The Agency has stated that it anticipates filing a rulemaking proposal with
the Board in the Spring or Summer of 2009. 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 of the Act [415 ILCS 5/27].
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 of 2009. 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 products.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
F)
Agency contact person for information:
Address comments concerning the substance of the rulemaking to:
John Therriault, Acting Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Carol Webb
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217-524-8509
webbc@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:
Dana Vetterhoffer
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
ii)
Parts (Headings and Code Citations):
Definitions and General Provisions (35 Ill. Adm. Code 211)
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.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2009 REGULATORY AGENDA
A)
Description:
The Illinois Environmental Protection Agency (Agency) is currently
developing amendments for proposal to the Board. The proposal will
modify the definitions of “ miscellaneous metal parts and products
coating” and “ coil coating” for Parts 218 and 219 to clarify that
lubricating oils are not considered “ coatings” for purposes of Subpart F,
Coating Operations, but rather protective oils applied to metal for the
purpose of providing lubrication, similar to the treatment of such oils
under the Federal National Emission Standards for Hazardous Air
Pollutants for Surface Coating of Miscellaneous Metal Parts and
Products, 40 CFR Part 63, Subpart MMMM.
B)
Statutory authority:
Implementing Section 10 of the Act [415 ILCS 5/10] and authorized by
Section 27 of the Act [415 ILCS 5/27].
C)
Scheduled meeting/hearing dates:
The Agency has stated that it anticipates filing a rulemaking proposal with
the Board in the Spring or Summer of 2009. 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 Section
27 of the Act [415 ILCS 5/27].
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 of 2009. 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
JULY 2009 REGULATORY AGENDA
This proposal may affect any small business, small municipality or not-
for-profit corporation that uses lubricating oil that is applied to metal for
purposes of lubrication in a metal fabrication process.
F)
Agency contact person for information:
Address comments concerning the substance of the rulemaking to:
John Therriault, Acting Clerk
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda to:
Carol Webb
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217-524-8509
webbc@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:
Gina Roccaforte
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276

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