BEFORE
THE
POLLUTION
CONTROL
BOARD
OF
THE STATE OF ILLINOIS
RE CE ~
V
ED
CLERK’S QFPT~
IN THE MATTER OF:
BROWNFIELD SITE RESTORATION
PROGRAM
(AMENDMENTS TO 35 ILL.ADM.
CODE 740)
R03-20
(Rulemaking)
M1\Y
092003
STATE OF ILLINOIS
Pollution
Control Board
NOTICE
Dorothy Guiin,
Clerk
Pollution Control Board
James R. Thompson Center
100 W. Randolph,
Ste.
11-500
Chicago,
Illinois
60601
Attorney General’s Office
Environmental Bureau
188 W. Randolph,
~
Floor
Chicago,
Illinois 60601
Robert T. Lawley
Dept. Of Natural Resources
One Natural Resources Way
Springfield, Illinois 62702
See Attached Service List
PLEASE TAKE NOTICE that
I have today filed with the Office of
the Clerk of the Pollution Control Board the Errata Sheet Number
2
of the Illinois Environmental Protection Agency,
a copy of which
is
herewith served upon you.
ENVIRONMENTAL PROTECTION AGENCY
OF THE STATE OF ILLINOIS
By:
_____
~imberly
~èving
Assistant/Counsel
DATE: May 06,2003
Agency File
#:
Illinois Environmental
Protection Agency
1021 North Grand Ave. East
P.O. Box 19276
Springfield,
IL 62794-9276
BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
BROWNFIELD SITE RESTORATION
PROGRAM
)
(AMENDMENTS TO
35
ILL. ADM. CODE 740)
)
)
)
R03-20
)
(Rulemaking)
ERRATA SHEET NUMBER 2
NOW COMES the Illinois Environmental Protection Agency (“Illinois
EPA”) through
one of its attorneys, Kimberly A. Geving,
and submits this ERRATA SHEET NUMBER 2 to the
Illinois
Pollution Control Board
(“Board”) and the participants listed on the Service List.
Based upon some questions asked by the Board at the first hearing in this matter held on
April 30, 2003, the Illinois EPA is amending its proposal to clarif~’the issues raised by the Board.
Additionally, the Agency would like to note that there are manyreferences in Part 740 to
statutory language that are still
in capital letters as opposed to italics.
It might be prudent, based
on the latest version ofthe Secretary ofState’s Style Manual, for the Board to convert all
statutory references into italics.
Section
740.100(c)
To
establish and administer a programfor thepayment ofremediation
costs to be known as the Brownfields Site Restoration Program
whereby
the Agency,
with the assistance ofthe Department ofCommerce and
Economic Opportunity (“DCEO”).
through. the program, shallprovide
remediation applicants withfinancial assistancefor the investigation and
remediationofabandoned or underutilizedproperties.
(Section
58.15(B)(a)(1)
ofthe Act)
“DCEO” means the Department ofCommerce and Economic Opportunity
740.120
1
(previously known as the Department ofCommerce and Community
Mfajr~
“REMEDIATION COSTS” MEANS REASONABLE
COSTS PAID FOR
INVESTIGATING AND REMEDIATING REGULATED
SUBSTANCES OF CONCERN CONSISTENT WITH THE REMEDY
SELECTED FOR the SITE.
FOR PURPOSES OF Subpart G~j~jj and-H
ofthis Part, “REMEDIATION COSTS” SHALL NOT INCLUDE COSTS
INCURRED PRIOR TO JANUARY
1,
1998, COSTS INCURRED
AFTER THE ISSUANCE OF
A NO FURTHER REMEDIATION
LETTER UNDER
Subpart F ofthis Part, OR COSTS INCURRED MORE
THAN
12 MONTHS PRIOR TO ACCEPTANCE INTO
THE SITE
REMEDIATION PROGRAM under this Part.
(Section 58.2 of the Act)
740.900(b)
For each Statefiscal year in
whichfunds are made available to the
Agencyfor payment under this
Subpart,
theAgency must, sub/ect to the
availability offunds, allocate 20
ofthefunds to be available to
Remediation Applicants within counties withpopulations over2,000,000.
The remainingfunds must be
made available to all other Remediation
Applicants counties in the State stafe.
(Section
58.15(B)(a)(2)
of the Act)
740.900(d)
Only those remediationprojecLsfor which a No Further Remediation
Letter is issued by theAgency after December 31,
2001 are eligible
to
participate in the Brownflelds Site
Restoration Program.
The program
does not apply to any sites that have received a No Further remediation
Letterprior to December 31,
2001
or to
costs incurredprior to
DCEO
DCCA approving a site eligible for the Brownflelds Site Restoration
Program.
(Section
58.1 5(B)(a)(4)
ofthe Act)
740.90 1(a)
Prior to submitting an applicationto determine eligibility to DCEO the
Department ofCommerce and Community Affairs,
a Remediation
Applicant shallfirst submit to theAgency its proposed remediation costs.
The Agency shall make apre-application assessment,
which is not to be
binding upon
DCEO
the Department ofCommerce and Community Affairs
or uponfuture review ofthe project, relating only to
whetherthe Agency
has adequatefunding to reimburse the applicantfor the remediaticurcosts
•
~f
the applicant is found to
be eligible for reimbursement ofremediation
costs.
(Section
58.15(B)(b)
ofthe Act)
740.901(b)
Ifthe agency determines that it is likely to have adequatefunding to
reimburse the applicantfor remediation costs,
the remediation Applicant
may then submit to
DCEO
the Department ofEconomic and Community
Affairs “DCCA
“
an applicationfor review ofeligibility.
(Section
2
58.15(B)(b) ofthe Act)
To be eligible for payment, an RA must have a
minimum capital investment in the redevelopment ofthe site.
Procedures
for applying for eligibility and for obtaining
a determination from DCEO
must be obtained from
DCEO DCCA are set forth
at
14 Ill.
Adm.
Code
Part 521.
740.90 1(c)
Once DCEO DCCA has determined that an RA is eligible, the RA may
submit an application to the Agency in accordance with Section 740.9 10
or Section 740.9 11
ofthis Part.
740.90 1(d)
The Agency must rely on DCEO’s DCCA’s decision as to eligibility.
The
maximum amount ofthe payment to be made to the RA for remediation
costs
maynot exceed the “net economic benefit” to the
State ofthe
remediation project,
as determined by DCEO
DCCA,
based on factors
including,
but not limited to,
the capital investment,
the number ofjobs
created, the number ofjobs retained
~f
it is demonstratedthejobs would
otherwise be lost,
capital improvements,
the number ofconstruction-
relatedjobs,
increased sales,
materialpurchases, other increases in
-
-
service and operational expenditures.
(Section 58.1 5(B)(b)(3) ofthe Act)
740.9l0(b)(3)
A
true and correct
copy ofthe
DCEO’s
Department ofCommerce and
Community Affairs’ letter approving eligibility,
including the net
economic benefitofthe remediationproject
(Section
58.1 5(B)(e)(4) ofthe
Act);
-
740.9 10(b)(5)
None ofthe costs were
incurred before approval ofthe site by the DCEO
Department ofCommerce and Community Affain as eligible for the
Brownfields Site Restoration Program; and
740.911(b)
The application must be on forms prescribed and provided by the Agency~
shall be accompanied by the applicable fee for review as provided in
Section
740.920(b) ofthis Subpart, and must include, at a minimum, the
following information:
740.91 l(b)(3)
A
true and correct
copy
ofDCEO’s
the Department ofCommerce and
Community Affairs’
letter approving eligibility,
including the net
economic benefit ofthe remediationproject
(Section 58.1 5(B)(f)(4) ofthe
Act);
740.9 ll(b)(5)
None ofthe costs were incurred before approval of the site by the DCEO
Department ofCommerce and Community Affairs as eligible for the
Brownfields Site Restoration Program; and
3
740.920(a)
-
.
The fee for the preliminary review ofestimated remediatiOn costs
conducted
under Section 740.805 ofthis Part shall
be $500 for each
remediation site reviewed. (Derived from Section 58.1 5(B)(j)(2) ofthe
740.920(b)
The fee for the final review ofremediation costs under Section 740.9 10 or
Section 740.911 ofthis Part shall be $1000 for each remediation site
reviewed.
(Derived from Section
58.15(B)(j)(1)
of the Act)
740.930(b)
Costs incurred before approval of the site by DCEO the Department of
Commerce and Community Affairs as eligible for the Brownfields Site
Restoration Program;
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
~yf~//~4d~flt7
/KimberljA.
Geving
Assistant Counsel
Division ofLegal
Co
sel
Date:
May 6, 2003
1021 North Grand Ave. East
P.O. Box
19276
Springfieid~I1linois
62794-9276
(217) 782-5544
THIS FILING IS SUBMITTED ON RECYCLED PAPER
4
STATE OF ILLINOIS
)
)
COUNTY OF SANGAMON)
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached Errata Sheet Number 2 on
behalfofthe Illinois Environmental Protection Agency upon the person to whom it is directed, by
placing a copy in an envelope addressed to:
Dorothy M. Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph St., Ste 11-500
Chicago, Illinois 60601
(1St Class)
Attorney General’s Office
Environmental Bureau
188 W.
Randolph,
20th
Floor
Chicago, Illinois 60601
(1St Class)
Robert T. Lawley
Dept. OfNatural Resources
One Natural Resources Way
Springfield, Illinois 62702
(Pt
Class)
See Attached Service List
(1St
Class)
and mailing it from Springfield, Illinois on
~
~
SUBSCRIBED AND SWORN TO BEFORE ME
thi~±day of____
Zo
o3
~ A~kL
~oe~J
Notary Public
L
OFFICIAL
SEAL
BRENDA
BOEHNER
~
NOTARY
PUBLIC,
STATE
OF
ILLINOIS ~
~MYCOMMISSION
EXPIRES
11.142OO5~
THIS FILING IS SUBMITTED ON RECYCLED PAPER
•
JnonlC
AntoniO111
fname
Amy
R 03-20 SERVICE L!ST~
IN THE
MATTER
OF:
I3ROWNPIELDS
SITE
RESTORATION PROGRAM; ~M~NDMBNTS
TO 35
iLL ADM. CODE 740
-
•
-
-
•
Updated April
11.2003
-
Cohn
Curle-y
Dickett
Diver
Dunn
Dye
Dyer
-
citystate
Chicago, IL
Wheaton, IL
Oak
Forest, IL
zip
60601
-
6Q~7
60452
Jeffrey
R.
MaLt
Ronald
R.
Judith S.
Chh~ago1IL
•
60603
Address
too w.
Randolph
Stl~eet
Suite 11-500
1749 South
Napervi~leRoad.
Suite 102
4243
W.
166thStre4t
Bank OnePlaza
10 S.
Dearborn Street
1749
South
Napecile Road, SuIte 102
188W.
Randolph. 2~Jih
Floor
2621 Mont~go,SuileC
1021 NorthGrand i~venue
East
P.O.Box
19276
2250 E. Devon
Avtnue Suite
239
2300 S.
Dkksen
Pdrkwãy
100W. Randolph
~reet
Suite 11-500
-
9 9
N.Plum Gro~
Road, Suite B
Frede
Lisa
Gobelman
Steven
company
Hearing Officer
Illinois
Pollution Control Board
Matthew
TheJeffDiver Group. LLC
Erin
B.
Environmental Department
Mannger
-
-
-
?vlidwes( Engineering Services,
Inc.
William 0.
Sidley Austin Brown&
Wood
The
Jeff
Diver
Group,
LLC
Chief
Environmental Bureau
-•
Office
ofthe
AitorneyGeneral
CORBGeological Services, Inc.
Assistant Counsel
Illinois Environmental
Protection
Agency
Chemical
Industry
Council of
illinois
IDOT
Bureau of
Design &
-
Environment
DorothyM.
Clerk
Illinois Pollution Control Board
Douglas F.
Practical Environmental
Consultants. Inc.
-
-
GeorgeF.
Environmental Operations, mc.
Robert
ChiefLegal
Counsel
Illinois
Department
of
Natural
•
Resources
Deutsch,
Levy &
Engel, Chtd.
ILlinois Environmental
ReguLatory Group
United Environmental
Wheaton, IL
Chicago. IL
Springfield,
IL
Springfield, IL
60187
60601
62704
62794-9276
Gunn
•
Hambley. Ph.D.,
P.I~.,P.O.
Jamison
La~vley
Mack
Messina
-
Des
Plaines, IL
60018
Springfield,
IL
62703
Karen
Kavanagh
Robert A.
Chicago, JL
Schaumburg.
IL
~pringfletd.
IL
Springfield, IL
ill N.
Sixth Street,
Suite 301
One
Natural Resoutces Way
225
W. Washingtod
Street
Suite 1700
3150 Roland Aven~uc
60601
60173
62701
62702-I271
Chicago,TL
60606
Springfield,
IL
•
62703
Moncek
George F.
119 5.
Palatine. Road, Suite
101
Palatine, U~
~00~7
•
•
R 03-20SERVICEUST*
• EN
THE
MATTER
OF: BROWNF(ELDS SITE
RESTORATION
PROGRAM;
AMENDMENTS
TO
35 ILL
ADM.
CODE740
-
-
Updated April
11.2003
•
-
Consultants,
Inc.
•
•
.
Perzan
Chris
Office
ofthe
Attorney General
188W.
Randolph, Suite20.
•
Chicago, IL
60601
Environmental
Law Bureau
•
•
.
.
-
Petersen
Danel W.
BRiM
Inc.
..
704 North Deerpath Drive
•
Vernon Hills1 IL
60061
Poplawski
Steven
Bryan
Cave, L.L.P.
One Metropolitan ~q., Suite3600
St. Louis, MO
63102
Rapps,
P.8.
Michael
Rapps Engineering& Applied
821
S. Duiidn
Drive
.
Springfield. IL
-
62704
Science.
Inc.
-
Sechen
Glenn C.
Schain.
Burney,
Ross &
Citron.
•
222 N.
LsSal1eStr~t,
Suite 1910.
Chicago, IL
60601
•
Ltd.
.
•
.
-
Vogel
Musette H.
The
Sto!ar
Partnership
TheLammert Buil~Mng
St.
Louis,
MO
63 101-1290
•
9J
L
W. Washingto)i,
7tb
Floor
Yonkauski, Jr.
-
Stanley
LegalServices
•
OrteNaturalResoudc~sWay
Sprisgtietd, IL
62702-127!
llilnois-Department
ofNatural
Resotiroes
•
•
*SUbject to changewithout notification. Pleasecontact the Clerks Office at 312-814-3461 to obtain thecurrent list.
-