ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
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 Spring of 2001.
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POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
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.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
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 permitting of emission units that change locations at least once a
year. 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. The proposed
rule would address the permitting of emission units that 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 Spring of 2001. 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 Spring of 2001. After the filing of a proposal by the IEPA, the
Board will cause a Notice of Proposed Amendments to appear in the
Illinois Register
.
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POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
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 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: Rachel Doctors
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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
c) 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 ozone rules: (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; (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 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 Spring or Summer of 2001. No hearings are scheduled
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POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
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
Spring or Summer of 2001. 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
G) Related rulemakings and other pertinent information:
Another prospective IEPA proposal (see item (b) above) and Board docket
R01-19 (see item (d) below) 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: Rachel Doctors
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) Part (Heading and Code Citation):
DEFINITIONS AND GENERAL PROVISIONS (35 Ill. Adm. Code 211)
1) Rulemaking: Docket number R01-19
A) Description:
Section 9.1(e) of the Environmental Protection Act [415 ILCS 5/9.1(e)]
mandates that the Board update the Illinois definition of volatile organic
material (VOM) to reflect the additions made by the United States
Environmental Protection Agency (USEPA) to the list of compounds
exempt from regulation as ozone precursors. Those compounds are
determined by USEPA to be exempt from regulation under the state
implementation plan (SIP) for ozone in the federal “Recommended
Policy on the Control of Volatile Organic Compounds” (Recommended
Policy) due to their negligible photochemical reactivity. On February 3,
1992 (57 Fed. Reg. 3945), USEPA codified its definition of VOM at 40
CFR 51.100(s), which now embodies the former Recommended Policy.
This codified definition now includes all the compounds and classes of
compounds previously exempted in the former Recommended Policy.
The Illinois definition of VOM is presently codified at 35 Ill. Adm. Code
211.7150.
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POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
The Board has reserved docket number R01-19 to accommodate any
amendments to the 40 CFR 51.100(s) definition of VOM that USEPA
may make in the period July 1, 2000, through December 31, 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-February 2001. The Board will then
propose corresponding amendments to the Illinois definition of VOM
using the identical-in-substance procedure or dismiss docket R01-19, 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 July 1, 2000, the due date for Board
adoption would be July 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-February 2001, 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 July 1, 2001, for the
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POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
purposes of illustration, the Board would vote to propose amendments
and cause a Notice of Proposed Amendments to appear in the
Illinois
Register
by late-March 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.
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 R01-19, 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 R01-19, as follows:
Name: Michael J. McCambridge, Attorney
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone: 312-814-6924
Internet: mccambm@ipcb.state.il.us
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POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
G) Related rulemakings and other pertinent information:
Other prospective proceedings (see items (b and c) above ) and other, as
yet unknown, unrelated Board proceedings could potentially impact the
general provisions of Parts 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) 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 of 2001. 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].
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POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
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 of 2001. 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.
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POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
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
f) Parts (Headings and Code Citations):
NITROGEN OXIDES EMISSIONS (35 Ill. Adm. Code 217)
1) Rulemaking: No docket number presently assigned.
A) Description
On October 27, 1998, USEPA found Illinois’ State Implementation Plan
(SIP), and that of numerous other states, deficient for failing to contain
provisions requiring control of emissions that contribute to non-
attainment or interfere with maintenance of the ozone air quality standard
in other states pursuant to Section 110(a)(2)(D) of the CAA. Under this
rulemaking, Illinois was required to adopt NOx emission controls for
four categories of industrial sources. The Agency has already proposed
rules to control large stationary sources of nitrogen oxides (NOX),
specifically, boilers and turbines serving electric generator units greater
than 25 megawatts; boilers, and turbines with head input greater than
250 mmBtu/hr; and large cement kilns with ozone season emissions
greater than one ton. The fourth category, large internal combustion
engines, is the subject of this notice. The U.S. Court of Appeals for the
D.C. Circuit remanded this category to USEPA for further
consideration. Once USEPA promulgates a final rule for large internal
combustion engines, the Agency will have to proceed promptly with the
rulemaking. The Agency may also revise Sections in 35 Ill. Adm. Code
201 concerning continuous emissions monitoring.
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POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
B) Statutory Authority:
Implementing Section 10 and authorized by Sections 27 and 28.5 of the
Act [415 ILCS 5/10 & 27, and 28.5].
C) Scheduled Meetings/Hearing Dates:
IEPA submittal of a proposal to the Board will commence this
proceeding, and that submittal is anticipated by the Summer of 2001. 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 Act for
those rulemakings required under the federal CAA.
D) Date Agency anticipates First Notice:
IEPA submittal of a proposal to the Board will commence this
proceeding, and that submittal is anticipated by the Summer of 2001,
after which the Board will cause publication of a Notice of Proposed
Amendments in the
Illinois Register
.
E) Effect on small businesses, small municipalities, or not-for-profit
corporations:
This rule would affect small businesses, municipalities, or not-for-profit
corporations to the extent they own or operate a large internal
combustion engine source that emits NOX.
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 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
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 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: Vera Herst
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):
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:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
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
July 2001. 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 2001. 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
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
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JANUARY 2001 REGULATORY AGENDA
G) Related rulemaking and other pertinent information:
Another prospective proceeding (see item (i) 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
h)
Part (Heading and Code Citation):
EFFLUENT STANDARDS (35 Ill. Adm. Code 304)
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
Deoxygenating wastes. This rule would replace the five-day biochemical
oxygen demand (BOD5) effluent standard with the carbonaceous
biochemical oxygen demand ("CBOD5") standard.
B)
Statutory Authority:
Implementing and authorized by Sections 13 and 27 of the Environmental
Protection Act [415 ILCS 5/13 & 27].
C)
Schedule meeting/hearing date:
The IEPA presently anticipates that it will file a rulemaking proposal in
July 2001. 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 Section 27 and 28 of the
Environmental Protection Act [415 ILCS 5/27 & 28].
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POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
D)
Date agency anticipates First Notice:
An IEPA expects to file a proposal in July 2001 with the Board. 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:
For information on the Agency’s development of this proposal contact:
Name: Tom McSwiggin
Address: Bureau of Water
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield Illinois 62794-9276
Telephone (217) 782-0610
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POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
i) Part (Heading and Code Citation):
WATER QUALITY STANDARDS (35 Ill. Adm. Code 302)
1) Rulemaking: Docket number RO1-13.
A) Description:
The Illinois Environmental Protection Agency (IEPA) filed a rulemaking
proposal on August 30, 2000 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 Board held hearings on the proposal on November 17, 2000 and
December 6, 2000. A third hearing has been set for February 6, 2001.
D) Date agency anticipates First Notice:
The Board anticipates filing a Notice of Proposed Amendments in the
Illinois Register
at the conclusion of the hearing process.
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: Marie Tipsord
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POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
312-814-4925
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley
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 (g) 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
j) Parts (Headings and Code Citations):
PERMITS (35 Ill. Adm. Code 309)
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POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
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
July 2001. 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 2001. 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:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
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 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
k) Part (Heading and Code Citation):
PERMITS (35 Ill. Adm. Code 309)
1) Rulemaking: No docket presently reserved
A) Description:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
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
July 2001. 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 2001. 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
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 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
l) 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:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
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
during July of 2001. 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
during the July of 2001. 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
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
m) Parts (Headings and Code Citations):
SEWER DISCHARGE CRITERIA (35 Ill. Adm. Code 307)
PRETREATMENT PROGRAMS (35 Ill. Adm. Code 310)
1) Rulemaking: Docket number R01-25
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
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 R01-25 to accommodate any
amendments to the federal wastewater pretreatment rules, 40 CFR 400
through 499, that the USEPA may have made in the period July 1, 2000,
through December 31, 2000. At this time, the Board is aware that
USEPA undertook one action 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. 49666
(August 14, 2000)
USEPA established a new part containing
effluent limitations and pretreatment standards
for sources in the transportation equipment
cleaning industry 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-
February 2001. 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 August 14, 2000, the due date for Board
adoption of all amendments in the period would be August 14, 2001.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
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-February 2001, 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 August 14, 2001, the Board
will vote to propose amendments and cause a Notice of Proposed
Amendments to appear in the
Illinois Register
by mid-May 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 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 R01-25, as follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R01-25, 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.
n) 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:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
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,
the Board will wait to act on this docket until reviewing the Department’s
final rules and the corresponding proposal to 35 Ill. Adm. Code 506.
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:
Any action on this docket will occur in the Spring or early summer of
2001
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:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
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:
Amendments to Part 506 (see item (o) below) deals with a related subject
matter.
o) Part (Heading and Code Citation):
LIVESTOCK WASTE REGULATIONS (35 Ill. Adm. Code 506)
1) Rulemaking: Docket number R01-28
A) Description:
Since the opening of docket R98-26, P.A. 91-110, effective July 13, 1999,
further amended the LMFA. a majority of the regulations related to
livestock management facilities was relegated to the Department of
Agriculture. However, the Board is required to repeal parts of its
regulations and update construction standards for livestock management
facilities.
B) Statutory authority:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
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 currently has a proposal from the Department of Agriculture
and will proceed with hearings and to First Notice in the Spring of 2001.
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 R01-28, 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 R01-28, 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
G) Related rulemakings and other pertinent information:
Rulemaking R98-11 (see item (n) above) deals with a related subject
matter.
p) Part(s) (Heading and Code Citation):
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 June
2001. 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
Amendments to appear in the
Illinois Register
when it decides to propose
amendments for First Notice.
E) Affect on small businesses, small municipalities or not for profit
corporations:
This 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 REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
Illinois Environmental Protection Agency
Address: 1021 North Grand Avenue East
P. O. Box 19276
Springfield, IL 62794-9276
Telephone: 217-782-8653
q) Part (Heading and Code Citation):
PRIMARY DRINKING WATER STANDARDS (35 Ill. Adm. Code 611)
1) Rulemaking: Docket number R01-20
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 R01-20 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 July 1, 2000, through
December 31, 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:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
65 Fed. Reg. 76708
(December 7, 2000)
USEPA adopted national primary drinking water
regulations (NPDWRs) for nadionuclides.
Included were maximum contaminant levels
(MCLs) and monitoring, reporting, and public
notification requirements for community water
systems. USEPA instituted new monitoring
requirements for uranium, an unregulated
contaminant; combined radium (Ra
226+RA
228);
and gross alpha particle, beta particle, and
photon radioactivity. The MCLs for combined
radium and gross alpha particle, beta particle,
and photon radioactivity remained unchanged
from those in the interim NPDWRs for those
contaminants. (The Board will need to make
corresponding amendments.)
The Board has not determined the nature of any amendments that might
be required by the above federal action. 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 this
listed federal action is the only federal action that affect 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-February
2001. The Board will then propose corresponding amendments to the
Illinois SDWA regulations using the identical-in-substance procedure or
dismiss docket R01-20, 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 USEPA adopted an
amendment that will require Board action on the first day of the update
period, on December 7, 2000, the due date for Board adoption would be
December 7, 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].
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
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-February 2001, 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 December 7, 2001, the
Board will vote to propose amendments and cause a Notice of Proposed
Amendments to appear in the
Illinois Register
by late-August 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 that owns or operates a “public
water supply,” as defined by Section 3.28 of the Act,
i.e.
, it has at least
fifteen service connections or regularly serves an average of at least 25
individuals daily at least 60 days out of the year, or it is assisting a
public water supply to demonstrate compliance.
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking,
noting docket number R01-20, as follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street Suite 11-500
Chicago, Illinois 60601
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
Address questions concerning this regulatory agenda, noting docket
number R01-20, 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 (r) below) 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.
r) 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
Agency's (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 June
2001. The Board will conduct proceedings pursuant to Sections 27 and
28 of the Environmental Protection Act [415 ILCS 5/27 & 28] upon
receipt of the proposal and would cause a Notice of Proposed
Amendments to appear in the
Illinois Register
when it decides to propose
amendments for First Notice.
E) Affect on small business, small municipalities or not-for-profit
corporations:
These amendments may affect small business, small municipalities, and
not-for-profit corporations that own or operate a "public water supply",
as defined by Section 3.28 of the Act, i.e., it has at least fifteen service
connections or regularly serves an average of at least 25 individuals daily
at least 60 days out of the year, or it is assisting a public water supply to
demonstrate compliance with the federally-derived National Primary
Drinking Water Standards of 35 Ill. Adm. Code 611. However, it is
anticipated that the proceeding will not likely have a quantifiable affect
on these entities because the program for national laboratory certification
is voluntary. The burden of compliance with the requirements, such as
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
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 (see item (q) above) 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
s) Part(s) (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].
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
D) Date agency anticipates First Notice:
An IEPA submittal of the rulemaking proposal is anticipated by June
2001. The Board will conduct proceedings pursuant to Sections 27 and
28 of the Environmental Protection Act [415 ILCS 5/ 27 & 28] upon
receipt of the proposal and would cause a Notice of Proposed
Amendments to appear in the
Illinois Register
when it decides to propose
amendments for First Notice.
E) Affect on Small Businesses, small municipalities or not for profit
corporations:
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.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
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
t) Part(s) (Heading and Code Citation):
GROUNDWATER QUALITY (35 Ill. Adm. Code 620)
1) Rulemaking: R01-14
A) Description:
The Illinois Environmental Protection Agency (IEPA) has filed a
rulemaking proposal before the Board that 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.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
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:
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:
The Board anticipates holding hearings and moving to First Notice with
this proposal in the Spring or Summer of 2001.
E) Affect 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
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
u) Part(s) (Heading and Code Citation):
DISTRIBUTION SYSTEM STANDARDS (35 Ill. Adm. Code Subpart F)
1) Rulemaking: No docket presently reserved.
A)
Description:
The Illinois Environmental Protection Agency (IEPA) is preparing a
rulemaking proposal for filing before the Pollution Control Board
(Board) to amend 35 Ill. Adm. Code Subpart F (Subtitle F ) to
incorporate distribution system standards including minimum water main
pressure, and minimum levels of chlorine and fluoride, and other
chemicals. In addition, the Illinois EPA plans to incorporate the
requirements for water main and water service line separation from
storm sewers, sanitary sewers, and sewer service lines.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
B) Statutory Authority:
Implementing Sections 15 and 18 and authorized by Section 27 of the
Illinois Environmental Protection Act [415 ILCS 5/15, 18 & 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:
The IEPA anticipates that proposed amendments to Subtitle F will be
submitted to the Board by June 2001. The Board cannot project an exact
date for publication at this time. The Board will conduct proceedings
pursuant to Sections 27 and 28 of the Environmental Protection Act [415
ILCS 5/ 27 & 28] upon receipt of the proposal and would cause a Notice
of Proposed Amendments to appear in the
Illinois Register
when it
decides to propose amendments for First Notice.
E)
Affect on small business, small municipalities or not for profit
corporations:
This rulemaking will generally benefit small businesses, small
municipalities and not for profit entities by clarifying the requirements
for distribution systems.
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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
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 known proceeding would impact the provisions of this
proposal.
Interested persons may contact the IEPA about its prospective
rulemaking proposal as follows:
Name: Stephen C. Ewart, Deputy Counsel
Division of Legal Counsel
Illinois Environmental Protection Agency
Address: 1021 North Grand Ave., East
Springfield, IL 62702
v) 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 R01-21
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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
(UIC) regulations to reflect amendments to the United States
Environmental Protection Agency (USEPA) UIC regulations.
The Board has reserved docket number R01-21 to accommodate any
amendments to the federal UIC regulations, 40 CFR 144 through 148,
during the period July 1, 2000, through December 31, 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. 67068
(November 8, 2000)
USEPA adopted hazardous waste listings and
land disposal restrictions (LDRs) for chlorinated
aliphatics production wastes. Included were
amendments to the federal RCRA Subtitle C
hazardous waste rules and the federal UIC rules.
The Board has not determined the nature of any amendments that might be
required by the above federal action. 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 this
listed federal action is the only federal action 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 2001. The
Board will then propose corresponding amendments to the Illinois UIC
regulations using the identical-in-substance procedure or dismiss docket
R01-21, 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
November 8, 2000
, the due date for Board adoption of all
amendments in the period would be
November 8, 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].
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
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-February 2001, 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
November 8, 2001
, the Board will vote to propose
amendments and cause a Notice of Proposed Amendments to appear in the
Illinois Register
by early-August 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 R01-21, 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 R01-21, as follows:
Name: Michael J. McCambridge, Attorney
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
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 R01-23 (see item (w)
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 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.
w) 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)
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
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 R01-23
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 R01-23 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 July 1, 2000,
through December 31, 2000. At this time, the Board is aware of the
following federal actions that occurred in this time-frame:
65 Fed. Reg. 42292
(July 10, 2000)
USEPA adopted technical corrections to its
September 30, 1999 (64 Fed. Reg. 52828)
National Emission Standards for Hazardous Air
Pollutants (NESHAPs) applicable to hazardous
waste combustors and its June 19, 1998 (63 Fed.
Reg. 33783) hazardous waste combustor rule.
Included were corrections to the hazardous waste
regulations segments of the rule.
65 Fed. Reg. 67068
(November 8, 2000)
USEPA adopted hazardous waste listings and
land disposal restrictions (LDRs) for chlorinated
aliphatics production wastes. Included were
amendments to the federal RCRA Subtitle C
hazardous waste rules and the federal UIC rules.
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-February 2001. The Board will propose
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
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
July 10,
2000
, the due date for Board adoption of all amendments in the period
would be
July 10, 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-February 2001, 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
July 10, 2001
, the
Board will vote to propose amendments and cause a Notice of Proposed
Amendments to appear in the
Illinois Register
by early-March 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 that engages in the generation, transportation,
treatment, storage, or disposal of hazardous waste.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking,
noting docket number R01-23, 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 R01-23, 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 R01-21 (see item (v) 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 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.
x) Part (Heading and Code Citation):
UNDERGROUND STORAGE TANKS (35 Ill. Adm. Code 731)
1) Rulemaking: Docket number R01-24
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
A) Description:
Section 22.4(d) of the Environmental Protection Act [415 ILCS 5/22.4(d)]
mandates that the Board update the Illinois underground storage tank
(UST) regulations to reflect amendments to the United States
Environmental Protection Agency (USEPA) UST regulations. The
mandate specifically excludes federal amendments relating to the design,
construction, installation, general operation, release detection, release
reporting, release investigation, release confirmation, out-of-service
systems, and closure or financial responsibilities for USTs.
The Board has reserved docket number R01-24 to accommodate any
amendments to the 40 CFR 281 through 283 that USEPA may make in the
period July 1, 2000, through December 31, 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-February 2001. The Board will
then propose corresponding amendments to the Illinois UST regulations
using the identical-in-substance procedure or dismiss docket R01-24, 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.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
D) Date agency anticipates First Notice:
The Board cannot project an exact date for publication at this time. The
Board expects to verify any federal actions by mid-February 2001, 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, 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-March 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. 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 owns or operations USTs.
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking,
noting docket number R01-24, 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 R01-24, 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
G) Related rulemakings and other pertinent information:
No other presently-known proceeding would impact the text of Part 731.
Section 22.4(d) of the Environmental Protection Act [415 ILCS 5/22.4(d)]
provides that Title VII of the Act and Section 5 of the Administrative
Procedure Act (APA) [5 ILCS 100/5-35, 40] shall not apply. Because this
rulemaking is not subject to Section 5 of the APA, it is not subject to First
Notice or to Second Notice review by the Joint Committee on
Administrative Rules. Rather, the Board will cause a Notice of Proposed
Amendments to appear in the
Illinois Register
, and it will accept public
comments on the proposal for 45 days after the date of publication.
y) Part(s) (Heading and Code Citation): Standards Applicable to Generators of Hazardous
Waste (35 Ill. Adm. Code Part 722); Standards for Owners and Operators of Hazardous
Waste Treatment, Storage and Disposal Facilities (35 Ill. Adm. Code Part 724); Interim
Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage and
Disposal Facilities (35 Ill. Adm. Code Part 725); Nonhazardous Special Waste Hauling
and the Uniform Program (35 Ill. Adm. Code Part 809); Standards for New Solid Waste
Landfills 935 Ill. Adm. Code Part 811); Operation of the Hazardous Waste Fee System
(35 Ill. Adm. Code Part 855).
1) Rulemaking: No docket presently reserved.
A) Description:
The IEPA plans to repeal certain provisions requiring the submission of
copies of manifests to the Agency.
B) Statutory authority:
Regarding Parts 722, 724 and 725, Sections 22.4 and 27 of the Act [415
ILCS 5/22.4 and 27]. Regarding Part 809, Sections 5, 10, 13, 21, 22,
22.01, 22.2 and 27 of the Act [415 ILCS 5/5, 10, 13, 21, 22, 22.01, 22.2
and 27]. Regarding Part 811, Sections 5, 21, 21.1, 22, 22.17, 28.1 and 27
of the Act [415 ILCS 5/5, 21, 21.1, 22, 22.17, 28.1 and 27]. Regarding
Part 855, Sections 22.2(c) and 27 of the Act [415 ILCS 5/22.2(c) and 27].
C) Scheduled meeting/hearing dates:
The IEPA anticipates it will file a rulemaking proposal in Winter or Spring
of 2001. No meetings or hearings are scheduled at this time. Once the
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
proposal is filed the Board will conduct public hearings in accordance
with Sections 27 and 28 of the Act [415 ILCS 5/27, 5/28].
D) Date Agency anticipates First Notice, if known:
The IEPA anticipates submitting its proposal in Winter or Spring of 2001,
after which the Board will cause publication of a Notice of Proposed
Amendments in the
Illinois Register
.
E) Effect on small businesses, small municipalities or not-for-profit
corporations:
This rulemaking may affect any small business, small municipality or not-
for-profit corporation required to submit copies of manifests to the IEPA.
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:
Kyle Rominger
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
217-782-5544
G) Related rulemakings and other pertinent information:
See related rulemakings in the Board identical-in-substance rulemakings
(items (v) and (w) above ).
z) Part, Heading and Code Citation: Site Remediation Program (35 Ill. Adm. Code 740)
1) Rulemaking: R01-27
A) Description:
Since Part 740 was adopted on June 5, 1997, the Illinois Environmental
Protection Agency's (“Illinois EPA”) 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 Tiered 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 meeting or hearing dates are scheduled at this time. Once the proposal
is filed, the Board will hold hearings.
D) Date Agency anticipates First Notice:
The Board anticipates holding hearings and moving to First Notice with
this rulemaking in the Spring or Summer of 2001
E) Effect on small businesses, small municipalities or not-for-profit
corporations:
Generally, small businesses, small municipalities and not-for-profit
corporations will not be affected by the proposal unless they perform
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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 rulemakings and other pertinent information:
The Illinois EPA has proposed amendments to the the LUST regulations.
See. item (aa) below. For information regarding the Illinois EPA’s
development of the amendments to Part 740: Site Remediation Program,
please contact:
Mark Wight
Illinois Environmental Protection Agency
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Division of Legal Counsel
1021 North Grand Avenue East
P. O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
aa) Part(s) (Headings and Code Citation): Petroleum Underground Storage Tanks (35 Ill. Adm. Code
732)
1) Rulemaking: R01-26.
A) Description:
The amendments will revise the regulations prescribing procedures and standards
for the Agency’s administration of its duties under the Leaking Underground
Storage Tank ("LUST") program. These proposed amendments are intended
primarily to clarify and refine certain provisions, taking into account the experience
the Agency has gained in administering the rules and changes in the law since their
adoption.
B) Statutory Authority:
These amendments have been proposed pursuant to Sections 5,/21.1 and 22 of the
Illinois Environmental Protection Act (415 ILCS 5/5, 5/21.1 and 5/22)
C) Scheduled Meeting/Hearing Dates:
None at this time.
D) Date Agency Anticipates First Notice:
The Board anticipates holding hearings and moving to First Notice with this
rulemaking in the Spring or Summer of 2001.
E) Effect on Small Business, Small Municipalities or Not for Profit Corporations:
These amendments will not affect small businesses, small municipalities or not
for profit corporations.
F) Agency Contact Person for Information:
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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: None
For information regarding the development of these amendments please contact:
Judith S. Dyer
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Ave. East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
bb) Part(s) (Heading and Code Citation): Management of Used and Waste Tires (35 Ill.
Adm. Code Part 848)
1) Rulemaking: No docket presently reserved.
A) Description:
Since its adoption of Board rules on May 10, 1991, the IEPA’s
implementation of Part 848 has given rise to the need for amendments and
corrections to better implement the used and waste tire management
program.
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B) Statutory authority:
Sections 27 and 55.2 of the Act [415 ILCS 5/27 and 55.2].
C) Scheduled meeting/hearing dates:
The IEPA anticipates it will file a rulemaking proposal in Spring or
Summer of 2001. No meetings or hearings are scheduled at this time.
Once the proposal is filed the Board will conduct public hearings in
accordance with Sections 27 and 28 of the Act [415 ILCS 5/27, 5/28].
D) Date Agency anticipates First Notice, if known:
The IEPA anticipates submitting its proposal in Spring or Summer of
2001, after which the Board will cause publication of a Notice of Proposed
Amendments in the
Illinois Register
.
E) Effect on small businesses, small municipalities or not-for-profit
corporations:
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
For information regarding the IEPA’s development of this proposal, please
contact the following IEPA attorney:
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JANUARY 2001 REGULATORY AGENDA
Kyle Rominger
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
217-782-5544
G) Related rulemakings and other pertinent information:
No other presently known proceedings are expected to impact Part 848.
cc) Parts (Headings and Code Citations):
SOLID WASTE (35 Ill. Adm. Code 807)
SOLID WASTE DISPOSAL: GENERAL PROVISIONS (35 Ill. Adm. Code 810)
STANDARDS FOR NEW SOLID WASTE LANDFILLS (35 Ill. Adm. Code 811)
INFORMATION TO BE SUBMITTED IN A PERMIT APPLICATION (35 Ill. Adm.
Code 812)
PROCEDURAL REQUIREMENTS FOR PERMITTED LANDFILLS (35 Ill. Adm.
Code 813)
INTERIM STANDARDS FOR EXISTING LANDFILLS AND UNITS (35 Ill. Adm.
Code 814)
PROCEDURAL REQUIREMENTS FOR ALL LANDFILLS EXEMPT FROM
PERMITS (35 Ill. Adm. Code 815)
1) Rulemaking: Presently reserved docket number R01-22
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 R01-22 to accommodate any
amendments to the RCRA Subtitle D regulations, 40 CFR 258, that
USEPA may make in the period July 1, 2000, through December 31, 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
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existence of any federal actions and the Board action required in response
to each in coming weeks, by about mid-February 2001. The Board will
then propose corresponding amendments to the Illinois RCRA Subtitle D
MSWLF rules using the identical-in-substance procedure or dismiss
docket R01-22, 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 R01-22, 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-February 2001, 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-March 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.
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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 R01-22, 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 R01-22, 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.
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dd) Part(s) (Heading and Code Citation): General Provisions (35 Ill. Adm. Code Part 900);
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 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 in
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.
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 is therefore inconsistent with 35 Ill.
Adm. Code 900.103(b), which requires sound to be measured as “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 Spring or Summer of 2001.
D) Date Agency anticipates First Notice, if known:
A Spring or Summer 2001 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 businesses, small municipalities or not-for-profit
corporations:
The rulemaking may affect any small business, small municipality or not-
for-profit corporation subject to the Board’s noise regulations.
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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:
Kyle Rominger
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
217-782-5544
G) Related rulemakings and other pertinent information:
The IEPA plans to repeal 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.
ee) 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)
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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
Spring or Summer 2001. 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 Spring or Summer 2001, 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-
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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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2001 REGULATORY AGENDA
Address: 1021 N. Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Telephone: (217) 782-5544