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
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    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
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    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
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    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

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    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:

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    POLLUTION CONTROL BOARD
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    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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    POLLUTION CONTROL BOARD
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    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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    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
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    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

    ILLINOIS REGISTER
    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)

    ILLINOIS REGISTER
    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

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    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

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    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

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    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].

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    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.

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    POLLUTION CONTROL BOARD
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    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
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    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

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    POLLUTION CONTROL BOARD
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    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.

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    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

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    POLLUTION CONTROL BOARD
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    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
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    (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].

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    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

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    POLLUTION CONTROL BOARD
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    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

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    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.

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    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

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    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.

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    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

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    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

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    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
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    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

    ILLINOIS REGISTER
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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:

    ILLINOIS REGISTER
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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.

    ILLINOIS REGISTER
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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:

    ILLINOIS REGISTER
    POLLUTION CONTROL BOARD
    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

    ILLINOIS REGISTER
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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.

    ILLINOIS REGISTER
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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.

    ILLINOIS REGISTER
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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)

    ILLINOIS REGISTER
    POLLUTION CONTROL BOARD
    JANUARY 2001 REGULATORY AGENDA
    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-

    ILLINOIS REGISTER
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    JANUARY 2001 REGULATORY AGENDA
    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

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