a) Parts (Headings and Code Citations):
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS (2 Ill.
Adm. Code 2175)
1) Rulemaking: No docket number presently assigned.
A) Description:
2 Ill. Adm. Code 2175 contains the Board’s public information rules and
organizational information, as required under Section 1-15 of the
Administrative Procedure Act [5 ILCS 100/5-15] and Section 4 of the
Freedom of Information Act [5 ILCS 140/4]. Among the information
contained in Part 2175 is a listing of the Board’s offices, including their
addresses and telephone numbers. In recent months, the Board closed its
office in Jerseyville and opened an office in Jacksonville. The Board must
amend Part 2175 to reflect the changes of address and telephone number.
In addition, further review of Part 2175 could indicate more amendments
to this Part.
B) Statutory authority:
Implementing and authorized by Section 1-15 of the Administrative
Procedure Act [5 ILCS 100/5-15] and Section 4 of the Freedom of
Information Act [5 ILCS 140/4].
C) Scheduled meeting/hearing dates:
Public hearings are not required to amend 2 Ill. Adm. Code 2175.
However, the Board would conduct such hearings if the level of public
interest indicates that public hearings are desirable.
D) Date agency anticipates First Notice:
The Board anticipates First Notice publication of the proposed rules in the
Illinois Register
in the Fall of 2000.
E) Effect on small business, small municipalities, or not-for-profit
corporation:
There may be an effect on any small business, small municipality, or not-
for-profit corporation that appears before the Board in any type of
proceeding or which seeks to contact the Board for any reason, including
to inspect and copy Board records. Proceedings before the Board include
enforcement actions, rulemaking proceedings, variance proceedings,
adjusted standard proceedings, site-specific rulemaking proceedings,
permit appeals, pollution control facility siting appeals, and any other
actions provided by law. At present, it appears that any amendments
would have an insignificant impact on affected entities.
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
G) Related rulemakings and other pertinent information:
No other presently-anticipated proceedings would affect the text of Part
2175.
b) Part (Heading and Code Citation):
PERMITS AND GENERAL PROVISIONS (35 Ill. Adm. Code 201)
1) Rulemaking: No docket number presently reserved.
A) Description:
The Illinois Environmental Protection Agency (IEPA) is currently
preparing a rulemaking proposal for filing before the Board relating to the
transfer of permits to new owners and the permitting of portable emission
units. This rulemaking would address the procedures for the transfer of
Federally Enforceable State Operating Permits (FESOPs) to new owners
following a change of ownership of a permitted source. Additionally, the
proposed rule would address the permitting of emission units that are
portable and may emit pollutants at multiple sites.
B) Statutory authority:
Implementing and authorized by Sections 10 and 27 of the Environmental
Protection Act [415 ILCS 5/10 & 27].
C) Scheduled meeting/hearing dates:
The IEPA has stated that it anticipates filing a rulemaking proposal with
the Board in the Fall of 2000. The IEPA may file two separate rulemaking
proposals, one for portable emission units and another for changes of unit
ownership. 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
Environmental Protection Act [415 ILCS 5/27 & 28].
D) Date agency anticipates First Notice:
An IEPA submittal of a proposal to the Board would commence this
proceeding, and the IEPA has stated that it expects to file a proposal in the
Fall of 2000. After the filing of a proposal by the IEPA, 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 may affect any small business, small municipality, or not-for-
profit corporation that either purchases a FESOP-permitted emissions
source or which owns or operates a portable emission unit.
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
G) Related rulemakings and other pertinent information:
One other prospective rulemaking (see item (c) below) and other, as yet
unknown, unrelated Board proceedings could impact Part 201.
For information regarding the IEPA’s development of its proposal, please
contact the following IEPA attorney:
Name: Deborah J. Williams
Address: Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Telephone: 217-782-5544
c) Parts (Headings and Code Citations):
PERMITS AND GENERAL PROVISIONS (35 Ill. Adm. Code 201)
DEFINITIONS AND GENERAL PROVISIONS (35 Ill. Adm. Code 211)
NITROGEN OXIDES EMISSIONS (35 Ill. Adm. Code 217)
1) Rulemaking: No docket number presently assigned.
A) Description
The Illinois Environmental Protection Agency (IEPA) has been developing
a rulemaking proposal for filing before the Board that would reduce
nitrogen oxides (NOx) emissions statewide to address tropospheric ozone
levels. This proposal may include the following features: the control of
emissions from large NOx stationary sources--specifically, boilers and
turbines serving electric generator units having greater than 25 megawatts
capacity, boilers and turbines with head input greater than 250 mmBtu/hr,
large cement kilns with ozone-season NOx emissions greater than 1 ton per
day, and large internal-combustion engines. The proposal might also
include emission rate limits for ozone-season emissions greater than 1 ton
per day or might include trading-based control measures. The proposal
might be filed in sections. The IEPA has further suggested that it might
also propose amendments to 35 Ill. Adm. Code 201 relating to continuous
emissions monitoring and 35 Ill. Adm. Code 211 relating to definitions.
B) Statutory authority:
Implementing and authorized by Sections 9.9, 27, and 28.5 of the
Environmental Protection Act [415 ILCS 5/9.9, 27 & 28.5].
C) Scheduled meetings/hearing dates:
The IEPA has stated that it anticipates filing a rulemaking proposal with
the Board in July 2000. No hearings are scheduled at this time. Once the
proposal is filed, the Board will hold hearings on the schedule set forth in
Section 28.5 of the Environmental Protection Act [415 ILCS 5/28.5] for
those rulemakings required under the federal Clean Air Act.
D) Date agency anticipates First Notice:
IEPA submittal of a proposal to the Board will commence this proceeding,
after which the Board will cause publication of a Notice of Proposed
Amendments in the
Illinois Register
. No submittal date has been
established.
E) Effect on any small businesses, small municipalities, or not-for-profit
corporations:
This rule would affect any small business, municipality, or not-for-profit
corporation that owns or operates a large stationary source that emits N0X.
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
G) Related rulemakings and other pertinent information:
One other prospective rulemaking (see item (b) above) and other, as yet
unknown, unrelated Board proceedings could impact Part 201. Reserved
docket R01-6 (see item (d) below), another unfiled IEPA proposal (see
item (e) below), and other unknown proceedings could affect the text of
Part 211. No other presently-known proceedings would affect the text of
Part 217.
The IEPA will meet with interested persons prior to submitting a proposal
to the Board. To participate in these meetings, interested persons should
contact the following IEPA attorney:
Name: Laurel Kroack
Address: Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Telephone: 217-782-5544
d) Parts (Headings and Code Citations):
DEFINITIONS AND GENERAL PROVISIONS (35 Ill. Adm. Code 211)
1) Rulemaking: Docket number R01-6
A) Description:
Section 9.1(e) of the Environmental Protection Act [415 ILCS 5/9.1(e)]
mandates that the Board update the Illinois definition of volatile organic
material (VOM), presently codified at 35 Ill. Adm. Code 211.7150, to
reflect the additions made by the United States Environmental Protection
Agency (USEPA) to the list of exemptions of compounds 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 Board has reserved docket number R01-6 to accommodate any
amendments to the 40 CFR 51.100(s) definition of VOM that USEPA may
make in the period January 1, 2000, through June 30, 2000. At this time,
the Board is not aware of any federal amendments to the federal definition
of VOM. The Board will verify the existence of any federal actions and
the Board action required in response to each in coming weeks, by about
mid-August 2000. The Board will then propose corresponding
amendments to the Illinois definition of VOM using the identical-in-
substance procedure or dismiss docket R01-6, as necessary and
appropriate.
Section 9.1(e) mandates that the Board complete our amendments within
one year of the date on which USEPA adopted its action upon which our
amendments are based. Assuming for the purposes of illustration that
USEPA adopted an amendment that will require Board action on the first
day of the update period, on January 1, 2000, the due date for Board
adoption would be January 1, 2001.
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. The Board will then schedule and
conduct at least one public hearing, as required by Section 118 of the
federal Clean Air Act (42 USC § 7418) for amendment of the Illinois
ozone SIP.
D) Date agency anticipates First Notice:
The Board cannot project an exact date for publication at this time. The
Board expects to verify any federal actions by mid-August 2000, after
which time the Board will propose any amendments to the Illinois
definition of VOM that are necessary in response to the federal
amendments that have occurred. If the due date for Board adoption of
amendments in this docket is assumed to be January 1, 2001, 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-September 2000. 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 would promptly
dismiss this reserved docket.
E) Effect on small business, small municipalities, or not-for-profit
corporations:
This rulemaking may affect any small business, small municipality, or not-
for-profit corporation that engages in the emission of a chemical
compound that is the subject of a proposed exemption or proposed
deletion from the USEPA list of exempted compounds.
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking,
noting docket number R01-6, as follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R01-6, as follows:
Name: Michael J. McCambridge, Attorney
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone: 312-814-6924
Internet: mccambm@ipcb.state.il.us
G) Related rulemakings and other pertinent information:
Other prospective proceedings (see items (c) above and (e) below) and
other, as yet unknown, unrelated Board proceedings could potentially
impact the general provisions of Part 211.
Section 9.1(e) of the Environmental Protection Act [415 ILCS 5/9.1(e)]
provides that Title VII of the Act and Section 5 of the Administrative
Procedure Act (APA) [5 ILCS 100/5-35, 40] shall not apply. Because this
rulemaking is not subject to Section 5 of the APA, it is not subject to First
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.
e) 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 IEPA is currently developing amendments for proposal to the Board
to accomplish several goals in a single cleanup rulemaking. This includes
the following amendments to the Illinois rules for the 15% Rate of
Progress (ROP) Plan rulemakings required pursuant to Section 182(b)(1)
of the Clean Air Act (CAA): (1) the rulemaking may amend existing air
pollution control rules for lithographic printing operations to clean up the
existing language to make Parts 218 and 219 consistent with revisions to
35 Ill. Adm. Code Part 211 (Definitions) and with recent revisions to these
rules pursuant to the 15% ROP Plan rulemakings; (2) the rulemaking may
include amendments to existing rules for volatile organic liquid storage
tanks; (3) the rulemaking may include a rule to amend existing rules for
perchlorethylene dry cleaners, since perchloroethylene was delisted as a
volatile organic material by the United States Environmental Protection
Agency (USEPA); (4) the rulemaking may amend existing rules for
capture efficiency testing in order to make state rules consistent with
USEPA's final rule on the revised capture efficiency test methods; (5) the
rulemaking may correct minor or nonsubstantive errors in previous 15%
ROP Plan rulemakings, amending rules for incorporations by reference,
batch operations, and afterburner operation, air oxidation reactors and
vapor collection and control systems; and (6) the rulemaking may also
amend Part 211 to conform any possible conflicting provisions with the
changes made to 35 Ill. Adm. Code 218 and 219.
B) Statutory authority:
Implementing and authorized by Sections 9.8, 27, 28.2, and 28.5 of the
Environmental Protection Act [415 ILCS 5/9.8, 27, 28.2 & 28.5].
C) Scheduled meeting/hearing dates:
The IEPA has stated that it anticipates submitting its rulemaking proposal
to the Board in the Fall of 2000. No hearings are scheduled at this time.
Once a proposal is filed, the Board will hold hearings on the schedule
established in Section 27 or 28.5 of the Environmental Protection Act [415
ILCS 5/27 or 28.5] for rulemakings that are required under the federal
CAA.
D) Date agency anticipates First Notice:
An IEPA submittal of a proposal to the Board would commence this
proceeding, and the IEPA has stated that it expects to file a proposal in the
Fall of 2000. After the filing of a proposal by the IEPA, 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 emits volatile organic material. However, the
IEPA anticipates that the amendments will have no new substantive
impact on any sources, since the amendments will be a clean-up of
existing requirements.
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
G) Related rulemakings and other pertinent information:
Another prospective IEPA proposal (see item (c) above) and the reserved
identical-in-substance definition of VOM update docket, R01-6 (see item
(d) above), and other as yet unknown proceedings could affect the text of
Part 211. No other presently-known prospective proceeding would
potentially impact the general provisions of Part 218 or Part 219.
For information regarding the IEPA’s development of this proposal, please
contact the following IEPA attorney:
Name: Deborah J. Williams
Address: Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Telephone: 217-782-5544
f) Part (Heading and Code Citation):
NONMETHANE ORGANIC EMISSIONS (35 Ill. Adm. Code 220)
1) Rulemaking: No docket presently reserved.
A) Description
The Illinois Environmental Protection Agency (IEPA) is currently
preparing a rulemaking proposal for filing before the Board relating to
municipal solid waste landfills (MSWLFs). The prospective amendments
would amend the permit regulations so that modifications at a MSWLF
due to Resource Conservation and Recovery Act (RCRA) or
Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA) requirements would not be considered construction or
modification at the facility. The proposal would also reflect that while the
IEPA can approve testing requirements different from those prescribed in
the test method, the United States Environmental Protection IEPA has
reserved the authority to approve alternative test methods. In addition, the
proposal would correct several typographical errors in the existing text of
the rules.
B) Statutory authority:
Implementing and authorized by Sections 4, 9.1, 27, and 28.5 of the
Environmental Protection Act [415 ILCS 5/4, 9.1, 27 & 28.5].
C) Scheduled meetings/hearing dates:
The IEPA has stated that it anticipates filing a rulemaking proposal with
the Board in the Summer or Fall of 2000. Once the proposal is filed, the
Board will conduct public hearings in accordance with the requirements
established by Sections 27 and 28.5 of the Environmental Protection Act
[415 ILCS 5/27 & 28.5].
D) Date agency anticipates First Notice:
An IEPA submittal of a proposal to the Board would commence this
proceeding, and the IEPA has stated that it expects to file a proposal in the
Summer or Fall of 2000. After the filing of a proposal by the IEPA, the
Board will cause a Notice of Proposed Amendments to appear in the
Illinois Register
.
E) Effect on small businesses, small municipalities, or not-for-profit
corporations:
This rule may affect any small business, small municipality, or not-for-
profit corporation that owns or operates a MSWLF.
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
G) Related rulemakings and other pertinent information:
No other presently-known proceedings would potentially impact the
general provisions of Part 220.
For information regarding the IEPA’s development of this proposal, please
contact the following IEPA attorney:
Name: Alec Messina
Address: Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Telephone: 217-782-5544
g) Part (Heading and Code Citation):
TOXIC AIR CONTAMINANTS (35 Ill. Adm. Code 232)
1) Rulemaking: No docket presently reserved.
A) Description:
The Illinois Environmental Protection Agency (IEPA) is currently
preparing a rulemaking proposal for filing before the Board that would
incorporate requirements for lead-based paint removal into the Illinois air
pollution control regulations.
B) Statutory authority:
Implementing and authorized by Sections 9.5, 10 and 27 of the
Environmental Protection Act [415 ILCS 5/9.5, 10 & 27].
C) Scheduled meetings/hearing dates:
The IEPA has stated that it anticipates filing a rulemaking proposal with
the Board in the Summer or Fall of 2000. No meetings or hearings are
scheduled at this time. Once the proposal is filed, the Board will hold
hearings in accordance with the requirements established by Sections 27
and 28 of the Environmental Protection Act [415 ILCS 5/27 & 28].
D) Date agency anticipates First Notice:
An IEPA submittal of a proposal to the Board would commence this
proceeding, and the IEPA has stated that it expects to file a proposal in the
Summer or Fall of 2000. After the filing of a proposal by the IEPA, the
Board will cause publication of a Notice of Proposed Amendments in the
Illinois Register
.
E) Effect on small businesses, small municipalities, or not-for-profit
corporations:
This rule may affect any small business, small municipality, or not-for-
profit corporation that engages in the removal of lead-based paint.
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
G) Related rulemakings and other pertinent information:
No other presently-known proceedings would potentially impact the
general provisions of Part 232.
For information regarding the IEPA’s development of this proposal, please
contact the following IEPA representative:
Name: Deborah J. Williams
Address: Illinois Environmental Protection Agency
Environmental Policy
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Phone: 217-782-5544
h) Part (Heading and Code Citation):
MOBILE SOURCES (35 Ill. Adm. Code 240)
1) Rulemaking: No docket presently reserved.
A) Description:
The Illinois Environmental Protection Agency (IEPA) and its vehicle
emissions test contractor began enhanced vehicle inspection and
maintenance (Enhanced I/M) testing under the Enhanced I/M test program
in early 1999, as required by the federal Clean Air Act [42 USC §§ 7401 et
seq.] and the Vehicle Emissions Inspection Law of 1995 [625 ILCS
5/13B-1 et seq.]. The Board adopted amendments to Part 240 that provide
the necessary standards for Enhanced I/M testing on December 1, 1994, in
dockets R94-19 and R94-20. However, the IEPA has stated that it
believes that certain clarifications of the Part 240 rules may be needed to
ensure consistency with recent federal guidance and IEPA procedural rules
contained at 35 Ill. Adm. Code 276. For these reasons, the IEPA has
stated that it may submit a proposal for regulatory amendments before the
Board. A specific element of this rulemaking would be amendments to
“fast-pass” exhaust emissions standards contained in Part 240.
B) Statutory authority:
Implementing Section 13B-20 of the Vehicle Emissions Inspection Law of
1995 [625 ILCS 5/13B-20] and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/27].
C) Scheduled meeting/hearing dates:
The IEPA has stated that it anticipates filing a rulemaking proposal with
the Board in the Summer or Fall of 2000. 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 Environmental
Protection Act [415 ILCS 5/27 & 28].
D) Date agency anticipates First Notice:
An IEPA submittal of a proposal to the Board would commence this
proceeding, and the IEPA has stated that it expects to file a proposal in the
Summer or Fall of 2000. After the filing of a proposal by the IEPA, 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
corporations:
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 written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
For information regarding the IEPA’s development of this proposal, please
contact the following IEPA attorney:
Name: Christopher Demeroukas
Address: Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Telephone: 217-782-5544
G) Related rulemakings and other pertinent information:
One other prospective proceeding (see item (i) below) could potentially
impact the general provisions of Part 211.
i) Part (Heading and Code Citation):
MOBILE SOURCES (35 Ill. Adm. Code 240)
1) Rulemaking: R01-08.
A) Description:
P.A. 91-254 requires all two-year old and older diesel trucks over 16,000
pounds to undergo air pollution diesel emissions tests during either of their
currently required semi-annual safety test inspections. Specifically, this
law applies only to those intrastate trucks registered within the ozone
nonattainment areas of the State. The law also preempts home rule and
exempts farm vehicles from the requirements of the law. Additionally,
Public Act 91-865 authorizes the Department of State Police (DSP) to
perform nonscheduled “spot testing” of vehicles with a gross weight or a
gross weight rating of or more than 16,000 pounds (diesel trucks) for cause
(i.e., excessive black smoke being emitted by the truck) anywhere within
the ozone nonattainment areas of the State. This spot-testing would apply
to both interstate and intrastate vehicles.
The Pollution Control Board is required to amend and update its current
diesel emission standards in accordance with the Society of Automotive
Engineers Recommended Practice J1667 “Snap-Acceleration Smoke Test
Procedure for Heavy-Duty Diesel Powered Vehicles” and the cutpoint
standards set forth in the USEPA guidance document “Guidance to States
on Smoke Opacity Cutpoints to be used with the SAE J1667 In-Use
Smoke Test Procedure.” Additionally, Public Act 91-254 provides that the
level of peak smoke opacity shall not exceed 70 percent for such diesel
trucks that are model years 1973 and older through December 31, 2002.
Beginning January 1, 2003, the law provides that the level of peak smoke
opacity for such trucks that are model years 1973 and older shall not
exceed 55 percent.
B) Statutory authority:
Implementing Public Act 91-254 (enacted July 23, 1999 and effective July
1, 2000) as amended by Public Act 91-865 (enacted on June 22, 2000 and
effective July 1, 2000). Specifically, these two laws require the Board to
implement the provisions of Sections 13-100.1, 13-102.1, 13-109.1, 13-
109.2, 13-109.3, 13-114, 13-116.1, 13-117, 13-103, 13-106, and 13-114 of
the Illinois Vehicle Code [625 ILCS 5/13-100.1, 13-102.1, 13-109.1, 13-
109.2, 13-109.3, 13-114, 13-116.1, 13-117, 13-103, 13-106, and 13-114]
as authorized by Section 27 of the Environmental Protection Act [415
ILCS 5/27].
C) Scheduled meeting/hearing dates:
The Board will conduct public hearings in accordance with the
requirements established by Sections 27 and 28 of the Environmental
Protection Act [415 ILCS 5/27 & 28].
D) Date agency anticipates First Notice:
The Board is required by statute to complete these rules within eight
months of the July 1, 2000 effective date of the statute (no later than
February 28, 2001). Therefor, the Board anticipates First Notice
publication in the
Illinois Register
in the Fall 2000.
E) Effect on small business, small municipalities or not-for-profit
corporations:
This rulemaking may affect any small business, small municipality, or not-
for-profit corporation that owns or operates a motor vehicle that is subject
to diesel emissions testing regulations.
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Stacy Meyers, Attorney
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone: 312-814-7011
Internet: meyerss@ipcb.state.il.us
G) Related rulemakings and other pertinent information:
One other prospective proceeding (see item (h) above) could potentially
impact the general provisions of Part 211.
j) Part (Heading and Code Citation):
WATER QUALITY STANDARDS (35 Ill. Adm. Code 302)
1) Rulemaking: No docket presently reserved
A) Description:
The Illinois Environmental Protection Agency (IEPA) is reviewing the
water quality standards and criteria pertaining to various wastewater
parameters. The IEPA has stated that it may prepare a petition to update
the standards and criteria for filing before the Board if necessary. The
water quality parameters that the proposal would affect might include, but
might not be limited to, the following: selenium, cadmium, zinc, nickel,
barium, benzene, toluene, ethylbenzene, xylene, and weak acid dissociable
cyanide.
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 IEPA presently anticipates that it will file a rulemaking proposal in
August 2000. No meetings or hearing 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
Environmental Protection Act. [415 ILCS 5/27 & 28].
D) Date agency anticipates First Notice:
An IEPA submittal of a proposal to the Board would commence this
proceeding, and the IEPA has stated that it expects to file a proposal in
August 2000. After the filing of a proposal by the IEPA, the Board will
cause a Notice of Proposed Amendments to appear in the
Illinois Register
.
E) Effect on small businesses, small municipalities or not-for-profit
corporations:
This rule may affect any small business, small municipality, or not-for-
profit corporation that discharges wastewater into the waters of this State.
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
G) Related rulemaking and other pertinent information:
Another prospective proceeding (see item (k) below) and other, as yet
unknown, unrelated Board proceedings could potentially impact the
general provisions of Part 302.
For information regarding the Illinois EPA’s development of this proposal,
please contact:
Name: Toby Frevert
Address: Bureau of Water
Illinois Environmental Protection Agency
1021 North Grand Ave. East
P.O. Box 19276
Springfield, Il. 62794-9276
Telephone: 217-782-1654
k) Part (Heading and Code Citation):
WATER QUALITY STANDARDS (35 Ill. Adm. Code 302)
1) Rulemaking: No docket presently reserved
A) Description:
The Illinois Environmental Protection Agency (IEPA) is currently
preparing a rulemaking proposal for filing before the Board relating to
maintenance of stream water quality. These rules would establish the
criteria that the IEPA would use to ensure compliance by individual
dischargers with the stream water quality nondegradation requirement of
35 Ill. Adm. Code 302.105.
B) Statutory authority:
Implementing and authorized by Sections 11(b), 13, and 27 of the Illinois
Environmental Protection Act [415 ILCS 5/11(b), 13 & 27].
C) Scheduled meeting /hearing date:
The IEPA presently anticipates that it will file a rulemaking proposal in
July 2000. No meetings or hearing 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
Environmental Protection Act. [415 ILCS 5/27 & 28].
D) Date agency anticipates First Notice:
An IEPA submittal of a proposal to the Board would commence this
proceeding, and the IEPA has stated that it expects to file a proposal in
July 2000. After the filing of a proposal by the IEPA, the Board will cause
a Notice of Proposed Amendments to appear in the
Illinois Register
.
E) Effect on small businesses, small municipalities or not-for-profit
corporations:
This rule may affect any small business, small municipality, or not-for-
profit corporation that discharges wastewater into the waters of this State.
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
G) Related rulemaking and other pertinent information:
Another prospective proceeding (see item (j) above) and other, as yet
unknown, unrelated Board proceedings could potentially impact the
general provisions of Part 302.
The IEPA anticipates filing a related rulemaking with the Secretary of
State Index Department. This rulemaking will detail the procedures the
IEPA will follow to administer the Board’s criteria to ensure compliance
by individual dischargers with the stream water quality nondegradation
requirement of 35 Ill. Adm. Code 302.105.
For information regarding the IEPA’s development of this proposal, please
contact the following person at IEPA:
Name: Toby Frevert
Address: Bureau of Water
Illinois Environmental Protection Agency
1021 North Grand Ave. East
P.O. Box 19276
Springfield, Il. 62794-9276
Telephone: 217-782-1654
l) Parts (Headings and Code Citations):
SEWER DISCHARGE CRITERIA (35 Ill. Adm. Code 307)
PRETREATMENT PROGRAMS (35 Ill. Adm. Code 310)
1) Rulemaking: Docket number R01-5
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 R01-5 to accommodate any
amendments to the federal wastewater pretreatment rules, 40 CFR 400
through 499, that the USEPA may have made in the period January 1,
2000, through June 30, 2000. At this time, the Board is aware that
USEPA undertook four actions that affected the text of 40 CFR 400
through 499 and its implementation. These actions, together with a brief
description of each, are as follows:
65 Fed. Reg. 3008
(January 19, 2000)
USEPA adopted wastewater effluent limitation
guidelines, pretreatment standards, and new
source performance standards for the landfill
point source category. One segment of this
rulemaking was the amendment of Methods 625
and 1625 in 40 C.F.R. 136.3, Appendix A.
65 Fed. Reg. 4360
(January 27, 2000)
USEPA adopted wastewater effluent limitation
guidelines, pretreatment standards, and new
source performance standards for the commercial
hazardous waste combustor subcategory of the
waste combustor point source category.
65 Fed. Reg. 14344
(March 16, 2000)
USEPA corrected its January 19,2000 effluent
guidelines, pretreatment standards, and new
source performance standards for the landfill
source category.
65 Fed. Reg. 15091
(March 21, 2000)
USEPA removed its April 15, 1998 (63 Fed. Reg.
18504) effluent guidelines, pretreatment
standards, and new source performance standards
for the builders paper and board mills source
category. The rules were duplicative of rules
applicable to the secondary fiber, non-deink
subcategory of the pulp, paper, and paperboard
point source category.
65 Fed. Reg. 33423
(May 23, 2000)
USEPA corrected its January 27,2000 effluent
guidelines, pretreatment standards, and new
source performance standards for the commercial
hazardous waste subcategory of the waste
combustor point source category.
The Board has not yet verified which if any of these listed federal actions
will actually require amendments to the Illinois wastewater pretreatment
regulations. The Board has not yet determined whether this listing of
federal actions is an exhaustive listing of all federal actions that affect the
text of 40 CFR 400 through 499. The Board will verify the existence of
any additional federal actions and the Board action required in response to
each set of federal amendments in coming weeks, by about mid-August
2000. The Board will propose corresponding amendments to the
wastewater pretreatment regulations using the identical-in-substance
procedure.
Section 9.1(e) of the Act mandates that the Board complete amendments
within one year of the date on which USEPA adopted its action upon
which the amendments are based. Assuming for the purposes of
illustration that the earliest USEPA action during the update period that
will require Board action is January 19, 2000, the due date for Board
adoption of all amendments in the period would be January 19, 2001.
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 are scheduled at this time. If the Board determines to propose
amendments, the Board will vote to do so at an open meeting. No public
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 2000, 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 19, 2000, the Board
will vote to propose amendments and cause a Notice of Proposed
Amendments to appear in the
Illinois Register
by early-November 2000.
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.
E) Effect on small business, small municipalities, or not-for-profit
corporations:
This rulemaking may affect any small business, small municipality, or not-
for-profit corporation that pretreatment engages in the discharge of
pollutants into the collection system of a publicly-owned treatment works
that is the subject of any federal amendments.
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking,
noting docket number R01-5, as follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R01-5, as follows:
Name: Michael J. McCambridge, Attorney
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone: 312-814-6924
Internet: mccambm@ipcb.state.il.us
G) Related rulemakings and other pertinent information:
No other presently-known proceeding would affect provisions of Parts 307
and 310.
Section 13.3 of the Environmental Protection Act provides that Title VII
of the Act and Section 5 of the Administrative Procedure Act (APA) [5
ILCS 100/5-35, 5-40] shall not apply. Because this rulemaking is not
subject to Section 5 of the APA, it is not subject to First Notice or to
Second Notice review by the Joint Committee on Administrative Rules.
Rather, the Board will cause a Notice of Proposed Amendments to appear
in the
Illinois Register
, and it will accept public comments on the proposal
for 45 days after the date of publication.
m) Part (Heading and Code Citation):
PERMITS (35 Ill. Adm. Code 309)
1) Rulemaking: No docket number presently assigned.
A) Description:
The Illinois Environmental Protection Agency (IEPA) is currently
preparing a rulemaking proposal for filing before the Board relating to
maintenance of stream water quality. The rules would amend the
standards and procedures for the IEPA to use in setting effluent limits by
permit that are necessary to ensure compliance with water quality
standards for individual dischargers that are derived under 35 Ill. Adm.
Code 304.105.
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 IEPA presently anticipates that it will file a rulemaking proposal in
November 2000. No meetings or hearing 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
Environmental Protection Act. [415 ILCS 5/27 & 28].
D) Date agency anticipates First Notice:
An IEPA submittal of a proposal to the Board would commence this
proceeding, and the IEPA has stated that it expects to file a proposal in
November 2000. After the filing of a proposal by the IEPA, the Board will
cause a Notice of Proposed Amendments to appear in the
Illinois Register
.
E) Effect on small businesses, small municipalities or not-for-profit
corporations:
This rule may affect any small business, small municipality, or not-for-
profit corporation that discharges wastewater into the waters of this State.
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
G) Related rulemaking and other pertinent information:
Another prospective proceeding (see item (n) below) and other, as yet
unknown, unrelated Board proceedings could potentially impact the
general provisions of Part 309.
For information regarding the IEPA’s development of this proposal, please
contact the following person:
Name: Toby Frevert
Address: Bureau of Water
Illinois Environmental Protection Agency
1021 North Grand Ave. East
P.O. Box 19276
Springfield, Il. 62794-9276
Telephone: 217-782-1654
n) Part (Heading and Code Citation):
PERMITS (35 Ill. Adm. Code 309)
1) Rulemaking: No docket presently reserved
A) Description:
The Illinois Environmental Protection Agency (IEPA) is currently
preparing a rulemaking proposal for filing before the Board relating to
maintenance of stream water quality. The rules would amend the criteria
to be used by the IEPA in determining mixing zones necessary to ensure
compliance with water quality standards for individual dischargers under
35 Ill. Adm. Code 302.102.
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 IEPA presently anticipates that it will file a rulemaking proposal in
November 2000. No meetings or hearing 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
Environmental Protection Act [415 ILCS 5/27 & 28].
D) Date agency anticipates First Notice:
An IEPA submittal of a proposal to the Board would commence this
proceeding, and the IEPA has stated that it expects to file a proposal in
November 2000. After the filing of a proposal by the IEPA, the Board will
cause a Notice of Proposed Amendments to appear in the
Illinois Register
.
E) Effect on small businesses, small municipalities or not-for-profit
corporations:
This rule may affect any small business, small municipality, or not-for-
profit corporation that discharges wastewater into the waters of this State.
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
G) Related rulemaking and other pertinent information:
Another prospective proceeding (see item (m) above) and other, as yet
unknown, unrelated Board proceedings could potentially impact the
general provisions of Part 309.
For information regarding the IEPA’s development of this proposal, please
contact the following person:
Name: Toby Frevert
Address: Bureau of Water
Illinois Environmental Protection Agency
1021 Grand Ave. East
Springfield, Il. 62794-9276
Telephone: 217-782-1654
o) 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 (IEPA) 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 that is 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:
The IEPA presently anticipates that it will file a rulemaking proposal the
Summer of 2000. No meetings or hearing 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
Environmental Protection Act [415 ILCS 5/27 & 28].
D) Date agency anticipates First Notice:
An IEPA submittal of a proposal to the Board would commence this
proceeding, and the IEPA has stated that it expects to file a proposal the
Summer of 2000. After the filing of a proposal by the IEPA, the Board
will cause a Notice of Proposed Rules to appear in the
Illinois Register
.
E) Effect on small businesses, small municipalities or not-for-profit
corporations:
This rule may affect any small business, small municipality, or not-for-
profit corporation that generates or uses sewage sludge.
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
G) Related rulemakings and other pertinent information:
No other presently-known Board proceedings would potentially impact the
general provisions of Part 313.
The IEPA 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 IEPA’s development of this proposal, please
contact the following IEPA attorney:
Name: Lisa Moreno
Address: Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Interested persons may also contact the following IEPA representative
about its prospective rulemaking proposal:
Name: Alan Keller, P.E.
Manager, Northern Municipal Unit
Address: Illinois Environmental Protection Agency
Division of Water Pollution Control
Bureau of Water
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Telephone: 217-782-0810
p) Parts (Headings and Code Citations):
GENERAL PROVISIONS (35 Ill. Adm. Code 501)
PERMITS (35 Ill. Adm. Code 502)
OTHER AGRICULTURAL AND SILVICULTURAL ACTIVITIES (35 Ill. Adm. Code
503)
IMPLEMENTATION PROGRAM (35 Ill. Adm. Code 504)
1) Rulemaking: Docket number R98-11
A) Description:
The Board opened this rulemaking docket R98-11 on September 4, 1997,
to identify and reconcile any inconsistencies between the LMFA-related
regulations of Part 506 and the pre-existing agricultural-related pollution
regulations of Parts 501 through 504.
Since the opening of docket R98-11, however, Public Acts 90-565 and 91-
110, effective July 13, 1999, again amended the LMFA. The Board
opened docket R98-26 to amend the LMFA-related rules to conform with
the subsequent statutory amendments. The Board entered an order on
January 22, 1998 staying the R98-11 rulemaking proceeding until the
conforming amendments of docket R98-26 are completed. It is unlikely
that the Board will proceed with this docket since P.A. 91-110 delegated a
majority of the regulations to the Department of Agriculture. However,
we will not officially close this docket until the Department adopts its
rules.
B) Statutory authority:
Implementing and authorized by Sections 9, 13, 22, and 27 of the
Environmental Protection Act [415 ILCS 5/9, 13, 22 & 27].
C) Scheduled meeting/hearing dates:
No meetings or hearings are scheduled at this time. However, the Board
will conduct public hearings in accordance with the requirements
established by Sections 27 and 28 of the Environmental Protection Act
[415 ILCS 5/27 & 28].
D) Date agency anticipates First Notice:
The Board anticipates that the Department of Agriculture will forward its
adopted rules to the Board within the next two months after which the
Board will likely close this docket and open a new docket to address the
repeal of inconsistent Board rules.
E) Effect on small business, small municipalities, or not-for-profit
corporations:
These amendments may affect any small business, small municipality, or
not-for-profit corporation that owns or operates a livestock management
facility or an associated waste handling structure.
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking,
noting docket number R98-11, as follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R98-11, as follows:
Name: Carol Sudman, Attorney
Address: Pollution Control Board
600 South Second Street, Suite 402
Springfield, Illinois 62704
Telephone: 217-524-8509.
Internet: csudman@ipcb.state.il.us
G) Related rulemakings and other pertinent information:
Rulemaking R98-26 (see item (q) below) deals with a related subject
matter.
q) Part (Heading and Code Citation):
LIVESTOCK WASTE REGULATIONS (35 Ill. Adm. Code 506)
1) Rulemaking: Docket number R98-26
A) Description:
Since the opening of docket R98-26, P.A. 91-110, effective July 13, 1999,
further amended the LMFA. It is unlikely that the Board will proceed with
this docket since P.A. 91-110 delegated a majority of the regulations to the
Department of Agriculture. However, the Board will not officially close
this docket until the Department adopts its rules.
B) Statutory authority:
Implementing and authorized by Section 55 of the Livestock Management
Facilities Act [510 ILCS 77/55] and Section 27 of the Environmental
Protection Act [415 ILCS 5/27].
C) Scheduled meeting/hearing dates:
No meetings or hearings are scheduled at this time. However, the Board
will conduct public hearings in accordance with the requirements
established by Sections 27 and 28 of the Environmental Protection Act
[415 ILCS 5/27 & 28].
D) Date agency anticipates First Notice:
The Board presently anticipates that the Department of Agriculture will
forward its adopted rules within the next two months after which the
Board will likely close this docket and open a new docket to address the
repeal of inconsistent Board rules.
E) Effect on small business, small municipalities, or not-for-profit
corporations:
These amendments may affect any small business, small municipality, or
not-for-profit corporation that owns or operates a livestock management
facility or associated waste handling structures.
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking,
noting docket number R98-26, as follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R98-26, as follows:
Name: Carol Sudman, Attorney
Address: Pollution Control Board
600 South Second Street, Suite 402
Springfield, Illinois 62704
Telephone: 217-524-8509.
Internet: csudman@ipcb.state.il.us
G) Related rulemakings and other pertinent information:
Rulemaking R98-11 (see item (p) above) deals with a related subject
matter.
r) Parts (Headings and Code Citations):
PERMITS (35 Ill. Adm. Code 602)
1) Rulemaking: No docket presently reserved.
A) Description:
The Illinois Environmental Protection Agency (IEPA) is preparing a
rulemaking proposal for filing before the Board to establish criteria for the
design, operation, and maintenance of public water supplies, and rules to
facilitate the permitting process.
B) Statutory Authority:
Implementing and authorized by Section 17 and Section 27 of the Illinois
Environmental Protection Act [415 ILCS 5/17 & 5/27].
C) Scheduled meeting/hearing dates:
When the proposal is submitted before the Board, the Board will conduct
public hearings on the proposal pursuant to Sections 27 and 28 of the
Environmental Protection Act [415 ILCS 5/27 & 28].
D) Date agency anticipates First Notice:
An IEPA submittal of the rulemaking proposal is anticipated by December
2000. 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) Effect on small businesses, small municipalities or not-for-profit
corporations:
This rulemaking will generally benefit small businesses, small municipalities and
not-for-profit entities by clarifying the requirements for operations and permits.
There may be some additional reporting requirements.
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
G) Related Rulemaking and other pertinent information:
No other known proceeding would impact the provisions of Part 602.
Interested persons may contact the IEPA about its prospective rulemaking
proposal as follows:
Name: Lou Allyn Byus
Assistant Manager, Field Operations Services Section
Division of Public Water Supplies
Bureau of Water
Illinois Environmental Protection Agency
Address: 1021 North Grand Avenue East
P. O. Box 19276
Springfield, IL 62794-9276
Telephone: 217-782-8653
s) Parts (Headings and Code Citations):
LABORATORY ACCREDITATION RULES (35 Ill. Adm. Code 611)
1) Rulemaking: No docket presently reserved.
A) Description:
The IEPA proposal will seek to amend the public water supplies rules
found in 35 Ill. Adm. Code 611 to cross reference the IEPA’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 Illinois Environmental Protection
IEPA's 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 IEPA, 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].
C) Scheduled meeting/hearing dates:
When the proposal is submitted before the Board, the Board will conduct
public hearings on the proposal pursuant to Sections 27 and 28 of the
Environmental Protection Act [415 ILCS 5/27 & 28].
D) Date Agency Anticipates First Notice:
An IEPA submittal of the rulemaking proposal is anticipated by December
2000. 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) Effect 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 as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
G) Other pertinent information concerning these amendments:
Another prospective proceeding in docket R01-7 (see item (t) below) and
other, as yet unknown proceedings could affect the text of Part 611.
Interested persons may contact the IEPA about its prospective rulemaking
proposal as follows:
Name: Joey Logan-Wilkey
Assistant Counsel
Division of Legal Counsel
Illinois Environmental Protection Agency
Address: 1021 North Grand Avenue East
P. O. Box 19276
Springfield, IL 62794-9276
Telephone: 217-782-5544
t) Part (Heading and Code Citation):
PRIMARY DRINKING WATER STANDARDS (35 Ill. Adm. Code 611)
1) Rulemaking: Docket number R01-7
A) Description:
Section 17.5 of the Environmental Protection Act [415 ILCS 5/17.5]
mandates that the Board update the Illinois SDWA regulations to reflect
the USEPA amendments to the federal Safe Drinking Water Act (SDWA)
primary drinking water regulations.
The Board has reserved docket number R01-7 to accommodate any
amendments to the SDWA primary drinking water regulations, 40 CFR
141 through 143, that the United States Environmental Protection Agency
(USEPA) may make in the period January 1, 2000, through June 30, 2000.
At this time, the Board is aware that USEPA undertook one action that
affected the text of 40 CFR 141 through 143. This action, together with a
brief description, is as follows:
65 Fed. Reg. 1950
(January 12, 2000)
USEPA made a number of minor amendments to
the lead and copper rule in order to facilitate
implementation of the rule.
65 Fed. Reg. 11372
(March 2, 2000)
USEPA amended its September 17, 1999 (64 Fed.
Reg. 50556) unregulated contaminants
monitoring rule. The September 17, 1999
unregulated contaminants monitoring rule is
involved in the pending R00-10 SDWA update
docket. The Board will likely include these
corrections with the underlying amendments in
docket R00-10, so that no action will be required
in update docket R01-7.
65 Fed. Reg. 20304
(April 14, 2000)
In a direct final rule, USEPA adopted
amendments to the December 16, 1998 interim
enhanced surface water treatment rule (64 Fed.
Reg. 69478) and the Stage 1 disinfectants and
disinfectant byproducts rule (64 Fed. Reg.
69390).
65 Fed. Reg. 25982
(May 4, 2000)
USEPA adopted amendments to the public
notification rules, which prescribe the form,
manner, content, and frequency of public notice
under the drinking water rules. The amendments
implement the community-right-to-know
provisions of the SDWA Amendments of 1996.
65 Fed. Reg. 34404
(May 30, 2000)
USEPA removed the maximum contaminant level
goal (MCLG) of zero for chloroform in drinking
water in response to the vacatur in
Cholorine
Chemistry Council and Chemical Manufacturers
Association v. EPA
, no 98-1627 (March 31,
2000). The MCLGs are outside the Board’s
SDWA identical-in-substance mandate, so no
Board actions will be needed to incorporate these
amendments into the Illinois rules.
65 Fed. Reg. 37052
(June 13, 2000)
USEPA withdrew its April 14, 2000 direct final
rule relating to the interim enhanced surface water
treatment rule and the Stage 1 disinfectants and
disinfectant byproducts rule in response to
adverse public comments.
The Board has not yet determined whether this listed federal action is the
only federal action that affects the text of 40 CFR 141 through 143. The
Board will verify the existence of any additional federal actions and the
Board action required in response to each set of federal amendments in
coming weeks, by about mid-August 2000. The Board will then propose
corresponding amendments to the Illinois SDWA drinking water
regulations using the identical-in-substance procedure or dismiss docket
R01-7, as necessary and appropriate.
Section 17.5 mandates that the Board complete its amendments within one
year of the date on which the United States Environmental Protection
Agency (USEPA) adopted its action upon which the amendments are
based. Assuming for the purposes of illustration that the earliest USEPA
action during the update period that will require Board action is January
12, 2000, the due date for Board adoption of all amendments in the period
would be January 12, 2001.
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 are scheduled at this time. If the Board determines to propose
amendments, the Board will vote to do so at an open meeting. No public
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 2000, after
which time the Board will propose any amendments to the Illinois SDWA
drinking water rules that are necessary in response to the federal
amendments that have occurred. If the due date for Board adoption of
amendments in this docket is assumed to be January 12, 2000, the Board
will vote to propose amendments and cause a Notice of Proposed
Amendments to appear in the
Illinois Register
by late-October 2000. 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.
E) Effect on small business, small municipalities, or not-for-profit
corporations:
This rulemaking may affect any small business, small municipality, or not-
for-profit corporation in Illinois to the extent the affected entity owns or
operates a “public water supply,” as defined by Section 3.28 of the Act,
i.e.
, it has at least fifteen service connections or regularly serves an average
of at least 25 individuals daily at least 60 days out of the year, or it is
assisting a public water supply to demonstrate compliance.
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking,
noting docket number R01-7, as follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R01-7, as follows:
Name: Michael J. McCambridge, Attorney
Address: Pollution Control Board
100 West Randolph Street Suite 11-500
Chicago, Illinois 60601
Telephone: 312-814-6924
Internet: mccambm@ipcb.state.il.us
G) Related rulemakings and other pertinent information:
Another prospective proceeding (see item (s) above) and other, as yet
unknown proceedings could affect the text of Part 611.
Section 17.5 of the Environmental Protection Act [415 ILCS 5/17.5]
provides that Title VII of the Act and Section 5 of the Administrative
Procedure Act (APA) shall not apply. Because this rulemaking is not
subject to Section 5 of the APA, it is not subject to First Notice or to
Second Notice review by the Joint Committee on Administrative Rules.
Rather, the Board will cause a Notice of Proposed Amendments to appear
in the
Illinois Register
, and it will accept public comments on the proposal
for 45 days after the date of publication.
u) Part (Heading and Code Citation):
REGULATED RECHARGE AREAS (35 Ill. Adm. Code 617)
1) Rulemaking: R00-17.
A) Description:
On February 14, 2000, the Illinois Environmental Protection Agency
(IEPA) filed a rulemaking proposal with the Board that amends existing
regulations to establish a regulated recharge area for the Pleasant Valley
Public Water District. This new Subpart prescribes the requirements and
standards for the protection of the groundwater source used by the Pleasant
Valley Public Water District. The standards apply to certain types of
existing or new potential sources or routes of groundwater contamination
located wholly or partially within the regulated recharge area. The
amendments delineate the regulated recharge area boundaries.
B) Statutory authority:
Implementing and authorized by Sections 17.4 and Section 27 of the
Environmental Protection Act [415 ILCS 5/17.4 & 27].
C) Scheduled meeting/hearing dates:
The Board conducted a public hearing on the proposal on May 9, 2000,
pursuant to Sections 27 and 28 of the Environmental Protection Act [415
ILCS 5/ 27 & 28]. The IEPA filed a modified proposal on June 1, 2000.
In preparing the proposal, the IEPA held a public hearing pursuant to 35
Ill. Adm. Code 164 on the proposal for a regulated recharge area on
January 26, 1995. The IEPA further received public comments on the
proposal. On June 7, 1996, the IEPA held a workshop on the proposal.
The IEPA has not set dates for further meetings.
D) Date agency anticipates First Notice:
The Board cannot project an exact date for publication at this time.
E) Effect on small businesses, small municipalities or not-for-profit
corporations:
This rulemaking may affect a small business, a small municipality, or a
not-for-profit corporation that owns or operates a potential source of
groundwater contamination in the area of the regulated recharge area. The
amendments could impose contingency planning requirements on an
affected entity, and they may impose constraints on expansion of activities
that are hazardous to the groundwater protected within the prospective
regulated recharge area.
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Catherine F. Glenn, Hearing Officer
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone: 312-814-6923
Internet: glennc@ipcb.state.il.us
G) Related rulemaking and other pertinent information:
No other known proceeding would impact the provisions of Part 617.
Interested persons may contact the IEPA about its prospective rulemaking
proposal as follows:
Name: Rick Cobb
Section Manager, Groundwater Section
Division of Public Water Supplies
Bureau of Water
Address: Illinois Environmental Protection Agency
1021 North Grand Avenue East
P. O. Box 19276
Springfield, Illinois 62794-9276
Telephone: 217-782-8653
v) Part (Heading and Code Citation):
MAXIMUM SETBACK ZONES (35 Ill. Adm. Code 618)
1) Rulemaking: No docket presently reserved.
A) Description:
The Illinois Environmental Protection Agency (IEPA) is preparing a
rulemaking proposal for filing before the Board that would establish
general provisions for maximum setback zone regulations. This new Part
would, in subpart B, prescribe maximum setback zone prohibitions and the
applicable technology control regulations that apply under existing
regulations for new and existing potential primary sources of groundwater
contamination, new potential routes of groundwater contamination and
new and existing activities regulated under 35 Ill. Adm. Code 615, 35 Ill.
Adm. Code 616 and 8 Ill. Adm. Code 257 that are located wholly or
partially within the maximum setback zone boundaries of the Illinois
American Water Company, Peoria, wells as delineated within the
prospective regulation.
B) Statutory Authority:
Implementing and authorized by Sections 14.3 and Section 27 of the
Illinois Environmental Protection Act [415 ILCS 5/14.3 & 5/27].
C) Scheduled meeting/hearing dates:
In preparing the proposal, the IEPA has met extensively with members of
the Peoria City Council, the local business community, and representatives
of Illinois American Water Company. The Council recognized the need
for a maximum setback zone regulation. No new meetings are scheduled
at this time. When the proposal is submitted before the Board, the Board
will conduct public hearings on the proposal pursuant to Sections 27 and
28 of the Environmental Protection Act [415 ILCS 5/ 27 & 28].
D) Date agency anticipates First Notice:
An IEPA submittal of the rulemaking proposal is anticipated by December
2000. 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) Effect on Small businesses, small municipalities or not-for-profit
corporations:
Small businesses, small municipalities or not-for-profit corporations that engage
in certain activities in the affected area may be affected by having constraints
imposed upon new activities within the maximum zone.
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
G) Related Rulemaking and other pertinent information:
No other known proceeding would impact the provisions of Part 618.
Interested persons may contact the IEPA about its prospective rulemaking
proposal as follows:
Name: Rick Cobb
Section Manager, Groundwater Section
Division of Public Water Supplies
Bureau of Water
Illinois Environmental Protection Agency
Address: 1021 North Grand Avenue East
P. O. Box 19276
Springfield, IL 62794-9276
Telephone: 217-782-8653
w) Part (Heading and Code Citation):
GROUNDWATER QUALITY (35 Ill. Adm. Code 620)
1) Rulemaking: No docket presently reserved.
A) Description:
The Illinois Environmental Protection Agency (IEPA) is considering filing
a rulemaking proposal before the Board. The proposal would amend
Section 620.505 of the groundwater quality regulations (35 Ill. Adm.
Code 620.505) in response to an interpretation of that Section by the
appellate court in People v. Stonehedge (94-CH-46, May 22, 1997).
Compliance monitoring points are broken into different categories in
Section 620.505. Samples taken from potable water wells other than
community water supply wells are acceptable under certain circumstances.
The amendments would seek to expand those circumstances to instances
in which the IEPA has sufficient hydrogeologic, geologic, construction,
and other information to determine the reliability of data generated by
analyses of samples from those wells. The amendment would provide
increased protection of the groundwater by allowing sampling of greater
sampling points.
B) Statutory Authority:
Implementing and authorized by Section 8 of the Illinois Groundwater
Protection Act, 415 ILCS 55/8 and Section 27 of the Illinois
Environmental Protection Act [415 ILCS 5/27].
C) Scheduled meeting/hearing dates:
When the proposal is submitted before the Board, the Board will conduct
public hearings on the proposal pursuant to Sections 27 and 28 of the
Environmental Protection Act [415 ILCS 5/ 27 & 28].
D) Date agency anticipates First Notice:
An IEPA submittal of the rulemaking proposal is anticipated by December
2000. 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) Effect on small businesses, small municipalities or not-for-profit
corporations:
Small businesses, small municipalities or not-for-profit corporations would be
affected by the amendments to the extent they engage in any activity that requires
demonstration of compliance with the groundwater quality standards.
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
G) Related Rulemaking and other pertinent information:
No other known proceeding would impact the provisions of Part 620.
Interested persons may contact the IEPA about its prospective rulemaking
proposal as follows:
Name: Rick Cobb
Section Manager, Groundwater Section
Division of Public Water Supplies
Bureau of Water
Illinois Environmental Protection Agency
Address: 1021 North Grand Avenue East
P. O. Box 19276
Springfield, IL 62794-9276
Telephone: 217-782-8653
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)
STANDARDS FOR THE MANAGEMENT OF USED OIL (35 Ill. Adm. Code 739)
1) Rulemaking: Docket number R01-3
A) Description:
Section 22.4(a) of the Environmental Protection Act [415 ILCS 5/22.4(a)]
mandates that the Board update the Illinois Resource Conservation and
Recovery Act (RCRA) Subtitle C regulations to reflect the United States
Environmental Protection Agency (USEPA) amendments to the federal
RCRA Subtitle C regulations.
The Board has reserved docket number R01-3 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,
2000, through June 30, 2000. At this time, the Board is aware of the
following federal actions that occurred in this time-frame:
65 Fed. Reg. 3008
(January 19, 2000)
USEPA adopted wastewater effluent limitation
guidelines, pretreatment standards, and new
source performance standards for the landfill
point source category. One segment of this
rulemaking was the amendment of Methods 625
and 1625 in 40 C.F.R. 136.3, Appendix A. 40
C.F.R. 136 is incorporated by reference into the
RCRA Subtitle C rules.
65 Fed. Reg. 12378
(March 8, 2000)
USEPA extended the accumulation time for
wastewater treatment sludge from the metal
finishing industry for waste that is accumulated
for high temperature metals recovery. The Board
included this set of amendments in the final
adoption of the RCRA Subtitle C update docket
R00-13 on May 18, 2000.
65 Fed. Reg. 14344
(March 16, 2000)
USEPA corrected its January 19,2000 effluent
guidelines, pretreatment standards, and new
source performance standards for the landfill
source category.
65 Fed. Reg. 14472
(March 17, 2000)
USEPA withdrew the hazardous waste listings
and land disposal restrictions for organobromine
production wastes in response to a judicial
vacature in
Great Lakes Chemical Corp. v. EPA
,
no. 98-1312 (D.C. Cir. Apr. 9, 1999). These
amendments affect both UIC and RCRA Subtitle
C rules. The Board added the RCRA Subtitle C
aspects of this action to RCRA update docket
R00-13, adopted on May 18, 2000. This obviates
further action.
65 Fed. Reg. 30886
(May 12, 2000)
USEPA adopted its NPDES regulations to
eliminate rules that are obsolete, ineffective, or
unduly burdensome. The amendments streamline
various permitting procedures, including those for
UIC and RCRA Subtitle C permits.
65 Fed. Reg. 32214
(May 22, 2000)
USEPA made a formal regulatory determination
not to include wastes from fossil fuel combustion
as listed hazardous waste.
The Board has not yet verified which if any of these listed federal actions
will actually require amendments to the Illinois RCRA Subtitle C
hazardous waste regulations. The Board has not yet determined whether
this listing of federal actions is an exhaustive listing of all federal actions
that affect the text of 40 CFR 260 through 270, 273, and 279. The Board
will verify the existence of any additional federal actions and the Board
action required in response to each set of federal amendments in coming
weeks, by about mid-August 2000. The Board will propose corresponding
amendments to the RCRA Subtitle C hazardous waste regulations using
the identical-in-substance procedure.
Section 22.4(a) mandates that the Board complete our amendments within
one year of the date on which the United States Environmental Protection
Agency (USEPA) adopted its action upon which our amendments are
based. Assuming for the purposes of illustration that the earliest USEPA
action during the update period that will require Board action is January
19, 2000, the due date for Board adoption of all amendments in the period
would be January 19, 2001.
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. If the Board determines to propose
amendments, the Board will vote to do so at an open meeting. No public
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 2000, 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 19, 2001, the
Board will vote to propose amendments and cause a Notice of Proposed
Amendments to appear in the
Illinois Register
by early-October 2000.
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.
E) Effect on small business, small municipalities, or not-for-profit
corporations:
This rulemaking may affect any small business, small municipality, or not-
for-profit corporation that engages in the generation, transportation,
treatment, storage, or disposal of hazardous waste.
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking,
noting docket number R01-3, as follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R01-3, as follows:
Name: Michael J. McCambridge, Attorney
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone: 312-814-6924
Internet: mccambm@ipcb.state.il.us
G) Related rulemakings and other pertinent information:
The reserved UIC update docket R01-01 (see item (y) below), 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, 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) 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)
HAZARDOUS WASTE INJECTION RESTRICTIONS (35 Ill. Adm. Code 738)
1) Rulemaking: Presently reserved docket number R01-1
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 R01-1 to accommodate any
amendments to the federal UIC regulations, 40 CFR 144 through 148,
during the period January 1, 2000, through June 30, 2000. At this time,
the Board is aware that USEPA undertook one action that affected the text
of 40 CFR 144 through 148. This action, together with a brief description,
is as follows:
65 Fed. Reg. 5024
(February 2, 2000)
USEPA corrected its December 7, 1999 (65 Fed.
Reg. 68546) Class V well UIC amendments. The
December 7, 1999 Class V well amendments are
involved in pending docket R00-11. The Board
will likely include this correction in the presently-
pending R00-11 UIC update docket with the
original amendments, so that no further action
will likely be required in update docket R00-1.
65 Fed. Reg. 14472
(March 17, 2000)
USEPA withdrew the hazardous waste listings
and land disposal restrictions for organobromine
production wastes in response to a judicial
vacature in
Great Lakes Chemical Corp. v. EPA
,
no. 98-1312 (D.C. Cir. Apr. 9, 1999). These
amendments affect both UIC and RCRA Subtitle
C rules. The Board will likely add the UIC
aspects to presently-pending UIC update docket
R00-11, so that no further action will likely be
required in update docket R00-1.
65 Fed. Reg. 30886
(May 12, 2000)
USEPA adopted its NPDES regulations to
eliminate rules that are obsolete, ineffective, or
unduly burdensome. The amendments streamline
various permitting procedures, including those for
UIC and RCRA Subtitle C permits.
The Board has not determined the nature of any amendments that might be
required by the above federal action. Only Class I and Class III injection
wells are expressly regulated by the Board’s current UIC rules; Class II
and Class IV wells are expressly not regulated. The status of Class V
wells is unclear under the rules. The Board must determine what
amendments, if any, will be necessary in response to the federal
amendments. Further, the Board has not yet determined whether these
listed federal actions ares the only federal actions that affect the text of 40
CFR 144 through 148. The Board will verify the existence of any
additional federal actions and the Board action required in response to
each set of federal amendments in coming weeks, by about mid-February
2000. The Board will then propose corresponding amendments to the
Illinois UIC regulations using the identical-in-substance procedure or
dismiss docket R01-1, as necessary and appropriate.
Section 13(c) mandates that the Board complete our amendments within
one year of the date on which USEPA adopted its action upon which our
amendments are based. Assuming for the purposes of illustration that the
earliest USEPA action during the update period that will require Board
action is May 12, 2000, the due date for Board adoption of all amendments
in the period would be May 12, 2001.
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. When the Board determines to propose
amendments, the Board will vote to do so at an open meeting. No public
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 2000, 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
is assumed to be May 12, 2001, the Board will vote to propose
amendments and cause a Notice of Proposed Amendments to appear in the
Illinois Register
by mid-February 2001. 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.
E) Effect on small business, small municipalities, or not-for-profit
corporations:
This rulemaking may affect any small business, small municipality, or not-
for-profit corporation in Illinois to the extent the affected entity engages in
the underground injection of waste.
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking,
noting docket number R01-1, as follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R01-1, as follows:
Name: Michael J. McCambridge, Attorney
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone: 312-814-6924
Internet: mccambm@ipcb.state.il.us
G) Related rulemakings and other pertinent information:
The reserved RCRA Subtitle C update docket R01-3 (see item (x) above),
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 730 and 738.
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.
z) Part (Heading and Code Citation):
UNDERGROUND STORAGE TANKS (35 Ill. Adm. Code 731)
1) Rulemaking: Docket number R01-4
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, but not
including amendments relating to the design, construction, installation,
general operation, release detection, release reporting, release
investigation, release confirmation, out-of-service systems, and closure or
financial responsibilities for USTs.
The Board has reserved docket number R01-4 to accommodate any
amendments to the 40 CFR 281 through 283 that USEPA may make in the
period January 1, 2000, through June 30, 2000. At this time, the Board is
not aware of any federal amendments. The Board will verify the existence
of any federal actions and the Board action required in response to each in
coming weeks, by about mid-August 2000. The Board will then propose
corresponding amendments to the Illinois UST regulations using the
identical-in-substance procedure or dismiss docket R01-4, as necessary
and appropriate.
Section 22.4(d) mandates that the Board complete our amendments within
one year of the date on which USEPA adopted its action upon which our
amendments are based. Assuming for the purposes of illustration that
USEPA adopted an amendment that will require Board action on the first
day of the update period, on July 1, 2000, the due date for Board adoption
would be July 1, 2001.
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. 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 2000, after
which time the Board will propose any amendments to the Illinois UST
regulations that are necessary in response to the federal amendments that
have occurred. If the due date for Board adoption of amendments in this
docket is assumed to be July 1, 2000, 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-September 2000.
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 amendments to the Illinois
definition are needed, the Board would promptly dismiss this reserved
docket.
E) Effect on small business, small municipalities, or not-for-profit
corporations:
This rulemaking may affect any small business, small municipality, or not-
for-profit corporation that owns or operations USTs.
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking,
noting docket number R01-4, as follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R01-4, as follows:
Name: Michael J. McCambridge, Attorney
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone: 312-814-6924
Internet: mccambm@ipcb.state.il.us
G) Related rulemakings and other pertinent information:
No other presently-known proceeding would 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.
aa) Part (Heading and Code Citation):
PETROLEUM UNDERGROUND STORAGE TANKS (35 Ill. Adm. Code 732)
1) Rulemaking: No docket presently reserved.
A) Description:
The Illinois Environmental Protection Agency (IEPA) has stated that it is
preparing a rulemaking proposal for filing before the Board that would
amend the leaking underground storage tank (LUST) regulations.
Implementation of the LUST rules by the IEPA since their inception has
demonstrated the need to amend, correct, and clarify various aspects of the
rules. The primary purpose of the amendments would be to correct
mistakes and omissions, clarify ambiguities, and ensure consistency across
the regulations for the Leaking Underground Storage Tank (LUST)
Program (35 Ill. Adm. Code 732), the Site Remediation Program (35 Ill.
Adm. Code 740), and the Tiered Approach to Corrective Action
Objectives (TACO) rules (35 Ill. Adm. Code 742). The Illinois EPA also
may propose related amendments to the Site Remediation Program and
TACO regulations (items (bb) and (cc) below).
B) Statutory authority:
Implementing and authorized by Sections 27 and 57.14 of the
Environmental Protection Act [415 ILCS 5/27 & 57.14].
C) Scheduled meeting/hearing dates:
The IEPA presently anticipates that it will file a rulemaking proposal in
Fall 2000. 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 & 28].
D) Date agency anticipates First Notice:
An IEPA submittal of a proposal to the Board would commence this
proceeding, and the IEPA has stated that it expects to file a proposal in
Fall 2000. After the filing of a proposal by the IEPA, 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
corporations:
This rule may affect any small business, small municipality, or not-for-
profit corporation that owns or operates a petroleum underground storage
tank system for which a release has been confirmed that is required to be
reported to the Illinois Emergency Management Agency on or after
September 23, 1994, in accordance with regulations adopted by the Office
of the State Fire Marshall.
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
G) Related rulemaking and other pertinent information:
No other presently-known proceeding would potentially impact Part 732.
The IEPA has stated that it may propose related amendments to the TACO
rules (35 Ill. Adm. Code 740) and the Site Remediation Program rules (35
Ill. Adm. Code 740) (see items (bb) and (cc) below).
For information regarding the development of these amendments please
contact:
Name: Judith S. Dyer
Address: Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Telephone: 217-782-5544
bb) Part (Heading and Code Citation):
SITE REMEDIATION PROGRAM (35 Ill. Adm. Code 740)
1) Rulemaking: No docket presently reserved.
A) Description:
Since Part 740 was adopted on June 5, 1997, the Illinois Environmental
Protection Agency's (IEPA) implementation of the rules has given rise to
the need for some additions, corrections, and clarifications to the existing
rules. The primary purpose of the amendments will be to correct mistakes
and omissions, clarify ambiguities, and insure consistency across the
regulations for the Site Remediation Program, Leaking Underground
Storage Tank ("LUST") Program [35 Ill. Adm. Code 732], and Tired
Approach to Corrective Action Objectives ("TACO") [35 Ill. Adm. Code
742].
B) Statutory Authority:
Sections 4(i), 27 and 28 of the Environmental Protection Act [415 ILCS
5/4(i), 27, 28].
C) Scheduled Meeting/Hearing Dates:
No meetings or hearing dates are scheduled at this time. Once the
proposal is filed, the Board will hold hearings in accordance with Sections
27 and 28 of the Act [415 ILCS 5/27 & 28].
D) Date Agency Anticipates First Notice:
Submission to the Board by the IEPA may be as soon as July 2000, after
which the Board will order publication of the First Notice.
E) Effect on Small Business, 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 perform
environmental remediation under the Site Remediation Program. In most
cases, participation in the Site Remediation Program is voluntary, the
exception being participation under Board or court orders arising out of
enforcement actions. For those who do choose to participate, the proposed
amendments are not expected to make substantial changes to the existing
program.
One group of small businesses that will be affected is laboratories
performing analyses of soil and water samples. The amendments will
propose the phase-in of a requirement that laboratories performing
analyses for sites in the Site Remediation Program must be accredited
under 35 Ill. Adm. Code 186.
F) Agency Contact Person for Information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
G) Related Rulemaking and other pertinent information:
The Illinois EPA has proposed amendments to the TACO (35 Ill. Adm
Code 742) regulations (see item (cc) below) and may propose amendments
to the LUST regulations as soon as July 2000.
For information regarding the development of these amendments
please contact:
Name: Mark Wight
Address: 1021 N. Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Telephone: (217) 782-5544
cc) Part (Heading and Code Citation):
TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES (35 Ill. Adm. Code
742)
1) Rulemaking: Docket number R00-19.
A) Description:
The Illinois Environmental Protection Agency (IEPA) has filed a
rulemaking proposal for filing before the Board that would amend the
Tiered Approach to Corrective Action Objectives (TACO) rules. Since
the Board adopted the TACO rules on June 5, 1997, the IEPA’s
implementation of the rules has demonstrated the need for some
amendments, corrections, and clarifications to existing rules to insure
consistency across the programs. The primary purpose of the amendments
would be to correct mistakes and omissions, clarify ambiguities, and
ensure consistency across the regulations for the Leaking Underground
Storage Tank (LUST) Program [35 Ill. Adm. Code 732], the Site
Remediation Program (35 Ill. Adm. Code 740), and the Tiered Approach
to Corrective Action Objectives (TACO) rules [35 Ill. Adm. Code 742].
The IEPA also may propose related amendments to the Site Remediation
Program and LUST regulations (items (aa) and (bb) above).
B) Statutory authority:
Implementing and authorized by Sections 27, 57.14 and 58.5 of the
Environmental Protection Act [415 ILCS 5/27, 5/57.14 & 58.5].
C) Scheduled meeting/hearing dates:
Hearings will be held in accordance with the requirements established by
Sections 27 and 28 of the Act [415 ILCS 5/27 & 28] and are planned for
late Summer and early Fall.
D) Date agency anticipates First Notice:
The Board anticipates going to First Notice with these amendments in the
Fall of 2000, after initial hearings have been held on the amendments.
E) Effect on small business, small municipalities or not-for-profit
corporations:
This rule may affect any small business, small municipality, or not-for-
profit corporation that owns or operates a site participating in corrective
action or which participates in corrective action under the TACO rules.
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows, referencing docket number R00-19:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning R00-19 as follows:
Name: Amy Jackson, Attorney
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-524-8507
Internet: jacksona@ipcb.state.il.us
G) Related rulemaking and other pertinent information:
No other presently-known proceeding would potentially impact Part 742.
The IEPA has stated that it may propose related amendments to the LUST
rules (35 Ill. Adm. Code 732) and the Site Remediation Program rules (35
Ill. Adm. Code 740) (see items (aa) and (bb) above).
For information regarding the development of these amendments please
contact:
Name: Kimberly A. Geving
Address: Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Telephone: 217-782-5544
dd) Parts (Headings and Code Citations):
SOLID WASTE (35 Ill. Adm. Code 807)
SOLID WASTE DISPOSAL: GENERAL PROVISIONS (35 Ill. Adm. Code 810)
STANDARDS FOR NEW SOLID WASTE LANDFILLS (35 Ill. Adm. Code 811)
INFORMATION TO BE SUBMITTED IN A PERMIT APPLICATION (35 Ill. Adm.
Code 812)
PROCEDURAL REQUIREMENTS FOR PERMITTED LANDFILLS (35 Ill. Adm.
Code 813)
INTERIM STANDARDS FOR EXISTING LANDFILLS AND UNITS (35 Ill. Adm.
Code 814)
PROCEDURAL REQUIREMENTS FOR ALL LANDFILLS EXEMPT FROM
PERMITS (35 Ill. Adm. Code 815)
1) Rulemaking: Presently reserved docket number R01-2
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 R01-2 to accommodate any
amendments to the RCRA Subtitle D regulations, 40 CFR 258, that
USEPA may make in the period January 1, 2000, through June 30, 2000.
At this time, the Board is not aware of any amendments to the federal
RCRA Subtitle D MSWLF regulations. The Board will verify the
existence of any federal actions and the Board action required in response
to each in coming weeks, by about mid-August 2000. The Board will then
propose corresponding amendments to the Illinois RCRA Subtitle D
MSWLF rules using the identical-in-substance procedure or dismiss
docket R01-2, as necessary and appropriate.
Section 22.40(a) mandates that the Board complete its amendments within
one year of the date on which USEPA adopted its action upon which the
amendments are based. In docket R01-2, if the earliest federal
amendments in the applicable period is assumed to have occurred on July
1, 2000, the nominal due date would be July 1, 2001.
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:
No meetings or hearings are scheduled at this time. Once the proposal is
filed, the Board will conduct public hearings in accordance with
requirements established by Sections 27 and 28 of the Act [415 ILCS 5/27
& 28].
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 2000, 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 is assumed to be July 1, 2001, the Board will
vote to propose amendments and cause a Notice of Proposed Amendments
to appear in the
Illinois Register
by late-September 2000. 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.
E) Effect on small business, small municipalities, or not-for-profit
corporations:
This rulemaking may affect any small business, small municipality, or not-
for-profit that engages in the land disposal of municipal solid waste.
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking,
noting docket number R01-2, as follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R01-2, as follows:
Name: Michael J. McCambridge, Attorney
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone: 312-814-6924
Internet: mccambm@ipcb.state.il.us
G) Related rulemakings and other pertinent information:
No other presently-known 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 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.
ee) Part (Heading and Code Citation):
MANAGEMENT OF USED AND WASTE TIRES (35 Ill. Adm. Code 848)
1) Rulemaking: No docket presently reserved.
A) Description:
Since the Board rules were adopted on May 10, 19991, the IEPA's
implementation of the rules had given rise to the need for some
amendments and corrections to better implement the used and waste tire
management program.
B) Statutory Authority:
Sections 27 and 55.2 of the Act [415 ILCS 5/27, 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 public hearings in accordance with
requirements established by Sections 27 and 28 of the Act [415 ILCS 5/27,
28].
D) Date Agency Anticipates First Notice:
The IEPA anticipates submitting its proposal to the Board in Fall or
Winter 2000, after which time 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
Corporations:
This rulemaking may affect any small business, small municipality or not-
for-profit corporation that manages used and waste tires.
F) Agency Contact Person for Information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
G) Related Rulemaking and other pertinent information:
No other presently-known proceedings would potentially impact Part 848.
For information regarding the development of these amendments
please contact:
Name: M. Kyle Rominger
Address: 1021 N. Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Telephone: (217) 782-5544
ff) Part(s) (Headings and Code Citation): Operation of the Hazardous Waste Fee System (35
Ill. Adm. Code 855)
1) Rulemaking: No docket presently reserved
A) Description:
Amendments to this Part became necessary as a result of amendments to
35 Ill. Adm. Code 809. The amendments are not substantive in nature.
They are merely to correct inconsistencies in cross-references that were
created by amendments to Part 809.
B) Statutory Authority:
Section 22.2(c) of the Environmental Protection Act [415 ILCS 5/22.2(c)].
C) Scheduled Meeting/Hearing Dates:
No meetings or hearings are scheduled at this time. Once the proposal is
filed, the Board will conduct public hearings in accordance with
requirements established by Sections 27 and 28 of the Act [415 ILCS 5/27,
28].
D) Date Agency Anticipates First Notice:
First notice is anticipated sometime in Summer or Fall 2000.
E) Effect on Small Business, Small Municipalities or Not-for-Profit
Corporations:
The IEPA does not anticipate that small business, not-for-profit
corporations, or small municipalities will be affected by this rule.
F) Agency Contact Person for Information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
G) Related Rulemaking and other pertinent information:
No other presently-known proceedings would potentially impact Part 855.
For information regarding the development of these amendments please
contact:
Name: Kimberly A. Geving
Address: 1021 N. Grand Ave. East
P.O. Box 19276
Springfield, Illinois 62794-9276
Telephone: (217) 782-5544
gg) Part (Headings and Code Citation): General Provisions (35 Ill. Adm. Code Part 900)
1) Rulemaking: No docket presently reserved.
A) Description:
35 Ill. Adm. Code Part 900 contains the general provisions to the Board's
noise regulations. Section 900.103 sets forth the procedures to be used for
measuring sound. Under that Section the procedures used must be
substantial conformity with certain standards of the American National
Standards Institute (ANSI). The ANSI standards referenced in Section
900.103, however, are now outdated. The proposed amendments will
update the references to current ANSI standards.
B) Statutory Authority:
Implementing Section 25 and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/25, 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] possibly in Summer or Fall of 2000.
D) Date Agency Anticipates First Notice:
A Summer or Fall 2000 IEPA submittal of the Proposal to the Board is
expected, 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 subject to the Board's noise regulations.
F) Agency Contact Person for Information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
G) Related Rulemaking and other pertinent information:
The IEPA plans to repeal its own rules at 35 Ill. Adm. Code Parts 951 and
952. Those Parts set forth measurement procedures adopted pursuant to
35 Ill. Adm. Code 900.103, and are therefore based upon outdated ANSI
standards. Amendments to 35 Ill. Adm. Code Part 901 are also
anticipated.
For information regarding the development of these amendments please
contact:
Name: M. Kyle Rominger
Address: 1021 N. Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Telephone: (217) 782-5544
hh) Part (Headings and Code Citation): Sound Emission Standards and Limitations for
Property Line-Noise-Sources (35 Ill. Adm. Code Part 901)
1) Rulemaking: No docket presently reserved.
A) Description:
35 Ill. Adm. Code Part 901 contains the standards for allowable sound
levels from property line noise sources. 35 Ill. Adm. Code 901.104
contains limits for impulsive sound and requires sound to be measured
with "fast dynamic characteristic" and therefore is inconsistent with 35 Ill.
Adm. Code 900.103(b), which requires sound to be measured al "leq."
Section 901.104 will be amended to comply with the requirements of
Section 900.103(b).
B) Statutory Authority:
Implementing Section 25 and authorized by Section 27 of the
Environmental Protection Act (415 ILCS 5/25 and 5/27).
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, 5/28], possibly in Summer or Fall of 2000.
D) Date Agency Anticipates First Notice:
A Summer or Fall 2000 IEPA submittal of the proposal to the Board is
expected, 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 subject to the Board's noise regulations.
F) Agency Contact Person for Information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
G) Related Rulemaking and other pertinent information:
The IEPA plans to repeal its own rules at 35 Ill. Adm. Code Parts 951 and
952. Those Parts set forth measurement procedures adopted pursuant to
35 Ill. Adm. Code 900.103, and are therefore based upon outdated ANSI
standards. Amendments to 35 Ill. Adm. Code Part 900 are also
anticipated.
For information regarding the development of these amendments please
contact:
Name: M. Kyle Rominger
Address: 1021 N. Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Telephone: (217) 782-5544
ii) Part (Headings and Code Citations):
GENERAL PROVISIONS (35 Ill. Adm. Code 1420)
ACTIVITY STANDARDS (35 Ill. Adm. Code 1421)
DESIGN AND OPERATION OF FACILITIES (35 Ill. Adm. Code 1422)
1) Rulemaking: No docket presently reserved.
A) Description:
35 Ill. Adm. Code Subtitle M, Parts 1420, 1421, and 1422, are the rules for
Potentially Infectious Medical Waste (PIMW). Through administration of
these rules, the IEPA has identified a need for the disposal outside of the
municipal waste stream of household medical waste, including sharps,
generated from home health care. One approach under consideration is to
exempt from the transfer station permit requirement doctors’ offices,
hospitals and pharmacies that accept household-generated medical wastes
for transfer to disposal facilities. The permit requirement may be replaced
with a requirement for registration with the IEPA. Certain other
provisions are in need of clarification. However, it is not clear at this time
whether each of the three Parts will need to be amended.
B) Statutory Authority:
Sections 27 and 56.2(f) of the Act [415 ILCS 5/27, 56.2(f)].
C) Scheduled Meeting/Hearing Dates:
The IEPA presently anticipates that it will file a rulemaking proposal in
Fall 2000. 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, 28].
D) Date Agency Anticipates First Notice:
An IEPA submittal of a proposal to the Board will commence this
proceeding and is expected to be filed in Fall 2000, after which time the
Board will cause a Notice of Proposed Rules to appear in the
Illinois
Register
.
E) Effect on Small Business, Small Municipalities, or Not-for-Profit
Corporations:
This rule may affect any small business, small municipality, or not-for-
profit corporations that disposes PIMW. The IEPA anticipates that the
changes contemplated would not have a significant effect. Exempting
medical providers from the transfer station permit requirement if they
accept household-generated waste for transfer to disposal facilities would
assist such providers in performing a community service by reducing the
associated regulatory burden. The clarifications being considered would
not substantively change the existing requirements.
F) Agency Contact Person for Information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
G) Related Rulemaking and other pertinent information:
No other presently-known proceeding would potentially impact Parts
1420, 1421, and 1422.
For information regarding the development of these amendments please
contact:
Name: M. Kyle Rominger
Address: 1021 N. Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Telephone: (217) 782-5544