ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 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. The Board has changed the location of
some of the satellite offices and needs to Board 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 Summer or Fall of 2001.
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
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to inspect and copy Board records. Proceedings before the Board include
enforcement actions, rulemaking proceedings, variance proceedings,
adjusted standard proceedings, site-specific rulemaking proceedings,
permit appeals, pollution control facility siting appeals, and any other
actions provided by law. At present, it appears that any amendments
would have an insignificant impact on affected entities.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name:
Erin Conley, Rules Coordinator
Address:
Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone:
217-782-2471
Internet:
conleye@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
No other presently-anticipated proceedings would affect the text of Part
2175.
b)
Part (Heading and Code Citation):
PERMITS AND GENERAL PROVISIONS (35 Ill. Adm. Code 201)
1)
Rulemaking:
No docket number presently reserved.
A)
Description:
The Illinois Environmental Protection Agency (IEPA) is currently
preparing a rulemaking proposal for filing before the Board relating to the
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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 Fall 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
Fall 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
.
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
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POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
Address questions concerning this regulatory agenda as follows:
Name:
Erin Conley, Rules Coordinator
Address:
Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone:
217-782-2471
Internet:
conleye@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
No other known proceeding would impact the provisions of 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
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
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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 Fall of 2001. No hearings are scheduled at this time.
Once a proposal is filed, the Board will hold hearings on the schedule
established in Section 27 or 28.5 of the Environmental Protection Act [415
ILCS 5/27 or 28.5] for rulemakings that are required under the federal
CAA.
D)
Date agency anticipates First Notice:
An IEPA submittal of a proposal to the Board would commence this
proceeding, and the IEPA has stated that it expects to file a proposal in the
Fall of 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
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IEPA anticipates that the amendments will have no new substantive
impact on any sources, since the amendments will be a clean-up of
existing requirements.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name:
Erin Conley, Rules Coordinator
Address:
Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone:
217-782-2471
Internet:
conleye@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
Board docket R02-4 (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
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POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
Telephone:
217-782-5544
d)
Part (Heading and Code Citation):
DEFINITIONS AND GENERAL PROVISIONS (35 Ill. Adm. Code 211)
1)
Rulemaking:
Docket number R02-4
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.
The Board has reserved docket number R02-4 to accommodate any
amendments to the 40 CFR 51.100(s) definition of VOM that USEPA may
make in the period January 1, 2001, through June 30, 2001. At this time,
the Board is not aware of any federal amendments to the federal definition
of VOM. The Board will verify the existence of any federal actions and
the Board action required in response to each in coming weeks, by about
mid-August 2001. The Board will then propose corresponding
amendments to the Illinois definition of VOM using the identical-in-
substance procedure or dismiss docket R02-4, 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
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day of the update period, on January 1, 2001, the due date for Board
adoption would be January 1, 2002.
B)
Statutory authority:
Implementing and authorized by Sections 7.2, 9.1(e), and 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 9.1(e) & 27].
C)
Scheduled meeting/hearing dates:
None scheduled at this time. The Board will vote to propose any
amendments at an open meeting. The Board will then schedule and
conduct at least one public hearing, as required by Section 118 of the
federal Clean Air Act (42 USC § 7418) for amendment of the Illinois
ozone SIP.
D)
Date agency anticipates First Notice:
The Board cannot project an exact date for publication at this time. The
Board expects to verify any federal actions by mid-August 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 January 1, 2002, for the
purposes of illustration, the Board would vote to propose amendments and
cause a Notice of Proposed Amendments to appear in the
Illinois Register
by late-September 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.
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F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking,
noting docket number R02-4, as follows:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R02-4, as follows:
Name:
Michael J. McCambridge, Attorney
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone:
312-814-6924
Internet:
mccambm@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
Other prospective proceedings (see item (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)
Parts (Headings and Code Citations):
NITROGEN OXIDES EMISSIONS (35 Ill. Adm. Code 217)
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
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 (NO
X
), 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.
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 Fall 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 Fall of 2001, after which the Board
will cause publication of a Notice of Proposed Amendments in the
Illinois
Register
.
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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 NO
X
.
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
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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
f)
Part(s) Heading(s) and Code Citation(s):
Commercial and Industrial Solid Waste Incineration Units and Air Curtain Incinerators
(35 Ill. Adm. Code 230)
1)
Rulemaking: No docket presently reserved.
A)
Description:
On December 1, 2000, pursuant to Sections 111(d) and 129 of the Clean
Air Act, the US EPA promulgated emission guidelines for commercial and
industrial solid waste incinerators as well as air curtain incinerators (65
Fed. Reg. 75337). Illinois is required to adopt a State plan that includes
rules, implementing these emission guidelines. This rule would apply to
units that commenced construction on or before November 29, 1999, and
units where reconstruction or modification commenced prior to June 1,
2001.
B)
Statutory Authority:
Implementing Sections 10, 39 and 39.5 of the Illinois Environmental
Protection Act [415 ILCS 5/10, 39 and 39.5] and authorized by 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. Once the proposal is
filed, the Board will conduct hearings as required by Sections 27 and 28 of
the Act [415 ILCS 5/27 & 28], possibly in Spring 2002.
D)
Date Agency Anticipates First Notice:
A Winter 2001 IEPA submittal to the Board of the proposal is expected,
after which the Board will cause publication of a Notice of Proposed
Amendments in the
Illinois Register
.
E)
Effect on small business, small municipalities or not-for-profit
corporations:
The prospective amendments would affect small businesses, small
municipalities, or not-for-profit corporations that own or operate Existing
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POLLUTION CONTROL BOARD
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Commercial and Industrial Solid Wase Incineration Units and Air Curtain
Incinerators.
F)
Agency and Board 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 230.
For information regarding the IEPA’s development of this proposal, please
contact the following IEPA representative:
Name:
Rachel L. Doctors
Address:
Illinois Environmental Protection Agency
1021 North Grand Avenue East, P.O. Box 19276
Springfield, Illinois 62794-9276
Telephone:
(217) 524-3337
Internet:
epa8856@epa.state.il.us
G)
Related rulemakings and other pertinent information:
No other presently-known proceedings would potentially impact this
rulemaking.
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POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
g)
Part (Heading and Code Citation):
TOXIC AIR CONTAMINANTS (35 Ill. Adm. Code 232)
1)
Rulemaking: No docket presently reserved.
A)
Description:
The Illinois Environmental Protection Agency (IEPA) is currently
preparing a rulemaking proposal for filing before the Board that would
incorporate requirements for lead-based paint removal into the Illinois air
pollution control regulations.
B)
Statutory authority:
Implementing and authorized by Sections 9.5, 10 and 27 of the
Environmental Protection Act [415 ILCS 5/9.5, 10 & 27].
C)
Scheduled meetings/hearing dates:
The IEPA has stated that it anticipates filing a rulemaking proposal with
the Board in the Fall 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].
D)
Date agency anticipates First Notice:
An IEPA submittal of a proposal to the Board would commence this
proceeding, and the IEPA has stated that it expects to file a proposal in the
Fall of 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:
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POLLUTION CONTROL BOARD
JULY 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 rulemakings and other pertinent information:
No other presently-known proceedings would potentially impact the
general provisions of Part 232.
For information regarding the IEPA’s development of this proposal, please
contact the following IEPA representative:
Name:
Deborah J. Williams
Address:
Illinois Environmental Protection Agency
Environmental Policy
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Phone:
217-782-5544
h)
Part(s) (Heading and Code Citation): Mobile Sources (35 Ill. Adm. Code 240).
1)
Rulemaking: No docket presently reserved.
A)
Description:
The Illinois Environmental Protection Agency (IEPA) and its vehicle
emissions test contractor began enhanced vehicle inspection and
maintenance (Enhanced I/M) testing under the Enhanced I/M test program
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JULY 2001 REGULATORY AGENDA
in early 1999, as required by the federal Clean Air Act [42 USC §§ 7401
et seq.] and the Vehicle Emissions Inspection Law of 1995 [625 ILCS
5/13B-1 et seq.]. The United States Environmental Protection Agency has
issued regulations concerning one component of that test, the testing of
“on-board diagnostic” (OBD) equipment of most model year 1996 and
newer vehicles at 66 FR 18156 (April 5, 2001). The IEPA is proposing to
incorporate several elements of that rulemaking in Part 240. These
include providing flexibility to the pass, fail, and reject criteria for OBD
testing.
B)
Statutory Authority:
Implementing Section 13B-20 of the Vehicle Emissions Inspection Law of
1995 [625 ILCS 5/13B-20] and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/27].
C)
Scheduled meeting/hearing dates:
The IEPA anticipates filing a rulemaking proposal with the Board in the
Summer or Fall of 2001. No meetings or hearings are scheduled at this
time. Once the proposal is filed, the Board will conduct hearings as
required by Sections 27 and 28 of the Environmental Protection Act [415
ILCS 5/27 & 28].
D)
Date agency anticipates First Notice:
An IEPA submittal of a proposal to the Board would commence this
proceeding, and the IEPA has stated that it expects to file a proposal in the
Summer or Fall of 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)
Affect on small business, small municipalities or not for profit
corporations:
This rulemaking may affect any small business, small municipality, or not-
for-profit corporation that owns or operates a motor vehicle that is subject
to enhanced I/M testing regulations.
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POLLUTION CONTROL BOARD
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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
G)
Related rulemaking and other pertinent information:
The IEPA anticipates filing a proposed rulemaking revising 35 Ill. Adm.
Code 276 concerning OBD testing procedures in the Summer or Fall of
2001.
For information regarding the IEPA’s development of this proposal, please
contact the following person:
Name:
Christopher Demeroukas
Address:
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Telephone:
217-782-5544
i)
Part (Heading and Code Citation):
INTRODUCTION (35 Ill. Adm. Code 301)
1)
Rulemaking: Docket number RO1-31.
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POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
A)
Description:
The Illinois Environmental Protection Agency (IEPA) has filed a
rulemaking proposal before the Board that would add a new section to the
water pollution control regulations regarding procedures for Provisional
Variances from Water Temperature Standards (35 Ill. Adm. Code
301.109). The proposal would establish requirements for IEPA
recommendations to the Board for the grant of provisional variances from
a water temperature standard in a permit, regulation, or other requirement
of the Board. The new section would also provide several conditions that
should be contained in a provisional variance from a thermal limit. The
proposal is intended to clarify the information provisional variance
applicants should submit to the IEPA in support of requests for provisional
variances from a thermal limit.
B)
Statutory authority:
Implementing and authorized by Sections 11, 13, 27 and 35 of the
Environmental Protection Act [415 ILCS 5/11, 13, 27 & 35].
C)
Schedule meeting/hearing date:
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]. A hearing was held in Springfield
on June 7, 2001. A second hearing will be held in Chicago on July 20,
2001.
D)
Date agency anticipates First Notice:
The Board anticipates moving to First Notice with this proposal in the late
Summer of 2001. When the Board decides to move to First Notice it 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 has a thermal component to its wastewater
discharge into the waters of this State.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
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 Board proceedings would potentially impact the
general provisions of Part 301.
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, Illinois 62794-9276
Telephone:
217-782-1654
j)
Part (Heading and Code Citation):
WATER QUALITY STANDARDS (35 Ill. Adm. Code 302)
1)
Rulemaking: No docket presently reserved
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
A)
Description:
The Illinois Environmental Protection Agency (IEPA) is reviewing the
water quality standards and criteria pertaining to various wastewater
parameters. The IEPA has stated that it may prepare a petition to update
the standards and criteria for filing before the Board if necessary. The
water quality parameters that the proposal would affect might include, but
might not be limited to, the following: selenium, cadmium, zinc, nickel,
barium, benzene, toluene, ethylbenzene, xylene, and weak acid dissociable
cyanide.
B)
Statutory authority:
Implementing and authorized by Sections 11, 13, and 27 of the
Environmental Protection Act [415 ILCS 5/11, 13 & 27].
C)
Scheduled meeting /hearing date:
The IEPA presently anticipates that it will file a rulemaking proposal in
Summer 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
Summer 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:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
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
G)
Related rulemaking and other pertinent information:
For information regarding the Illinois EPA’s development of this proposal,
please contact:
Name:
Toby Frevert
Address:
Bureau of Water
Illinois Environmental Protection Agency
1021 North Grand Ave. East
P.O. Box 19276
Springfield, Il. 62794-9276
Telephone:
217-782-1654
k)
Part (Heading and Code Citation):
WATER USE DESIGNATIONS AND SITE SPECIFIC WATER QUALITY
STANDARDS (35 Ill. Adm. Code 303)
1)
Rulemaking: No docket presently reserved.
A)
Description:
The Illinois Environmental Protection Agency (IEPA) is reviewing the use
designation of the lower Des Plaines River from its confluence with the
Chicago Sanitary and Ship Canal to the Interstate 55 bridge. 35 Ill. Adm.
Code 303.441(i) designates this portion of the river as a secondary contact
and indigenous aquatic life water body. The Agency anticipates this
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
review will lead to a proposal to update the designation of this portion of
the Des Plaines River.
B)
Statutory authority:
Implementing and authorized by Sections 11, 13, and 27 of the
Environmental Protection Act [415 ILCS 5/11, 13 & 27].
C)
Schedule meeting/hearing date:
The IEPA presently anticipates that it will file a rulemaking proposal
during the Spring or Summer of 2002. 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 Spring or Summer of 2002. 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 discharges wastewater into the Des Plaines River.
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:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
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 Board proceedings would potentially impact the
general provisions of Part 303.
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, Illinois 62794-9276
Telephone:
217-782-1654
l)
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 (BOD
5
) effluent standard with the carbonaceous
biochemical oxygen demand (CBOD
5
) standard.
B)
Statutory Authority:
Implementing and authorized by Sections 13 and 27 of the Environmental
Protection Act [415 ILCS 5/13 & 27].
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
C)
Schedule meeting/hearing date:
The IEPA presently anticipates that it will file a rulemaking proposal in
Summer 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].
D)
Date agency anticipates First Notice:
An IEPA expects to file a proposal in Summer 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
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
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 R02-3
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 R02-3 to accommodate any
amendments to the federal wastewater pretreatment rules, 40 CFR 400
through 499, that the USEPA may have made in the period January 1,
2001, through June 30, 2001. 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. This actions, together with a brief
description, is as follows:
66 Fed. Reg. 3770
(January 22, 2001)
USEPA adopted effluent limitations and new
source performance standards applicable to the
offshore and coastal subcategories of the oil and
gas extraction point source category.
The Board has not yet verified which if any of these listed federal actions
will actually require amendments to the Illinois wastewater pretreatment
regulations. The Board has not yet determined whether this listing of
federal actions is an exhaustive listing of all federal actions that affect the
text of 40 CFR 400 through 499. The Board will verify the existence of
any additional federal actions and the Board action required in response to
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
each set of federal amendments in coming weeks, by about mid-August
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 January 22, 2001, the due date for Board
adoption of all amendments in the period would be January 22, 2002.
B)
Statutory authority:
Implementing and authorized by Sections 7.2, 13, 13.3 and 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 13, 13.3 & 27].
C)
Scheduled meeting/hearing dates:
None are scheduled at this time. If the Board determines to propose
amendments, the Board will vote to do so at an open meeting. No public
hearing is required in identical-in-substance proceedings.
D)
Date agency anticipates First Notice:
The Board cannot project an exact date for publication at this time. The
Board expects to verify any federal actions by mid-August 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 January 22, 2002, the Board
will vote to propose amendments and cause a Notice of Proposed
Amendments to appear in the
Illinois Register
by early-November 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
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 R02-3, as follows:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R02-3, as follows:
Name:
Michael J. McCambridge, Attorney
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone:
312-814-6924
Internet:
mccambm@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
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):
PERMITS (35 Ill. Adm. Code 309)
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 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
Summer 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
Summer 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
JULY 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 (o) 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
o)
Part (Heading and Code Citation):
PERMITS (35 Ill. Adm. Code 309)
1)
Rulemaking: No docket presently reserved
A)
Description:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 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
Summer 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
Summer 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
JULY 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
p)
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
JULY 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 the Summer 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 Summer 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
JULY 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
q)
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)
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
1)
Rulemaking:
Docket number R98-11
A)
Description:
The Board opened this rulemaking docket R98-11 on September 4, 1997,
to identify and reconcile any inconsistencies between the LMFA-related
regulations of Part 506 and the pre-existing agricultural-related pollution
regulations of Parts 501 through 504.
Since the opening of docket R98-11, however, Public Acts 90-565 and 91-
110, effective July 13, 1999, again amended the LMFA. The Board
opened docket R98-26 to amend the LMFA-related rules to conform with
the subsequent statutory amendments. The Board entered an order on
January 22, 1998 staying the R98-11 rulemaking proceeding until the
conforming amendments of docket R98-26 are completed. It is unlikely
that the Board will proceed with this docket since P.A. 91-110 delegated a
majority of the regulations to the Department of Agriculture. However,
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 Summer or Fall of
2001.
E)
Effect on small business, small municipalities, or not-for-profit
corporations:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
These amendments may affect any small business, small municipality, or
not-for-profit corporation that owns or operates a livestock management
facility or an associated waste handling structure.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking,
noting docket number R98-11, as follows:
Name:
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
Address questions concerning this regulatory agenda, noting docket
number R98-11, 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 Parts 501,
502, 503, or 504.
r)
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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
design, operation, and maintenance of public water supplies, and rules to
facilitate the permitting process.
B)
Statutory Authority:
Implementing and authorized by Section 17 and Section 27 of the Illinois
Environmental Protection Act [415 ILCS 5/17 & 5/27].
C)
Scheduled meeting/hearing dates:
When the proposal is submitted before the Board, the Board will conduct
public hearings on the proposal pursuant to Sections 27 and 28 of the
Environmental Protection Act [415 ILCS 5/27 & 28].
D)
Date agency anticipates First Notice:
An IEPA submittal of the rulemaking proposal is anticipated by December
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:
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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 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:
No other known proceeding would impact the provisions of Part 602.
Interested persons may contact the IEPA about its prospective rulemaking
proposal as follows:
Name:
Lou Allyn Byus
Assistant Manager, Field Operations Services Section
Division of Public Water Supplies
Bureau of Water
Illinois Environmental Protection Agency
Address:
1021 North Grand Avenue East
P. O. Box 19276
Springfield, IL 62794-9276
Telephone:
217-782-8653
s)
Part (Heading and Code Citation):
PRIMARY DRINKING WATER STANDARDS (35 Ill. Adm. Code 611)
1)
Rulemaking:
Docket number R02-5
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 R02-5 to accommodate any
amendments to the SDWA primary drinking water regulations, 40 CFR
141 through 143, that the United States Environmental Protection Agency
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
(USEPA) may make in the period January 1, 2001, through June 30, 2001.
At this time, the Board is aware that USEPA undertook a number of
actions that affected the text of 40 CFR 141 through 143. These actions,
together with a brief description of each, are as follows:
66 Fed. Reg. 2273
(January 11, 2001)
USEPA approved analytical methods for 13 List
2 unregulated contaminants that suppliers must
monitor.
66 Fed. Reg. 3466
(January 16, 2001)
By a direct final rule, USEPA approved the use of
updated test procedures for determination of
various contaminants in water and wastewater.
66 Fed. Reg. 3770
(January 16, 2001)
USEPA adopted minor amendments to the
December 16, 1998 (63 Fed. Reg. 69478 and
69390) interim enhanced surface water rule (63
Fed. Reg. 69478) and the Stage 1 disinfectants
and disinfection byproducts rule (63 Fed. Reg.
69390). USEPA had earlier adopted these
amendments by a direct final rule on April 14,
2000 (65 Fed. Reg. 20304), but later withdrew
those amendments as a result of adverse public
comment on June 13, 2000 (65 Fed. Reg. 37052).
USEPA again adopted the amendments after
receiving additional public comments.
66 Fed. Reg. 6976
(January 22, 2001)
USEPA adopted National Primary Drinking
Water Regulations for arsenic in drinking water.
66 Fed. Reg. 9903
(February 12, 2001)
USEPA corrected its action of January 16, 2001
(66 Fed. Reg. 3770) pertaining to the interim
enhanced surface water rule and the Stage 1
disinfectants and disinfection byproducts rule.
66 Fed. Reg. 16134
(March 23, 2001)
USEPA delayed the effective date of the January
22, 2001 (66 Fed. Reg. 6976) arsenic rule for 60
days, until May 22, 2001.
66 Fed. Reg. 26795
(May 15, 2001)
USEPA withdrew its January 16, 2001 (66 Fed.
Reg. 3466) direct final rule that approved the use
of updated test procedures for determination of
various contaminants in water and wastewater.
66 Fed. Reg. 27215
(May 16, 2001)
USEPA corrected its January 11, 2001 (66 Fed.
Reg. 2273) approval of analytical methods for 13
List 2 unregulated contaminants that suppliers
must monitor.
66 Fed. Reg. 28342
USEPA again delayed the effective date of the
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
(May 22, 2001)
January 22, 2001 (66 Fed. Reg. 6976) arsenic rule
to February 22, 2002.
The Board has not determined the nature of any amendments that might be
required by the above federal actions. 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-August 2001. The
Board will then propose corresponding amendments to the Illinois SDWA
regulations using the identical-in-substance procedure or dismiss docket
R02-5, 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 action in the update
period, that of January 11, 2001, the due date for Board adoption would be
January 11, 2002.
B)
Statutory authority:
Implementing and authorized by Sections 17, 17.5, and 27 of the
Environmental Protection Act [415 ILCS 5/17, 17.5 & 27].
C)
Scheduled meeting/hearing dates:
None are scheduled at this time. If the Board determines to propose
amendments, the Board will vote to do so at an open meeting. No public
hearing is required in identical-in-substance proceedings.
D)
Date agency anticipates First Notice:
The Board cannot project an exact date for publication at this time. The
Board expects to verify any federal actions by mid-August 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 January 11, 2002, the Board
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
will vote to propose amendments and cause a Notice of Proposed
Amendments to appear in the
Illinois Register
by mid-October 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 R02-5, as follows:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R02-5, as follows:
Name:
Michael J. McCambridge, Attorney
Address:
Pollution Control Board
100 West Randolph Street Suite 11-500
Chicago, Illinois 60601
Telephone:
312-814-6924
Internet:
mccambm@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
Another prospective proceeding (see item (t) below) and other, as yet
unknown proceedings could affect the text of Part 611.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
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.
t)
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
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].
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
C)
Scheduled meeting/hearing dates:
When the proposal is submitted before the Board, the Board will conduct
public hearings on the proposal pursuant to Sections 27 and 28 of the
Environmental Protection Act [415 ILCS 5/27 & 28].
D)
Date Agency Anticipates First Notice:
An IEPA submittal of the rulemaking proposal is anticipated by December
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 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 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)
Other pertinent information concerning these amendments:
Another prospective proceeding (see item (s) 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
u)
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.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
Adm. Code 616 and 8 Ill. Adm. Code 257 that are located wholly or
partially within the maximum setback zone boundaries of the Illinois
American Water Company, Peoria, wells as delineated within the
prospective regulation.
B)
Statutory Authority:
Implementing and authorized by Sections 14.3 and Section 27 of the
Illinois Environmental Protection Act [415 ILCS 5/14.3 & 5/27].
C)
Scheduled meeting/hearing dates:
In preparing the proposal, the IEPA has met extensively with members of
the Peoria City Council, the local business community, and representatives
of Illinois American Water Company. The Council recognized the need
for a maximum setback zone regulation. No new meetings are scheduled
at this time. When the proposal is submitted before the Board, the Board
will conduct public hearings on the proposal pursuant to Sections 27 and
28 of the Environmental Protection Act [415 ILCS 5/ 27 & 28].
D)
Date agency anticipates First Notice:
An IEPA submittal of the rulemaking proposal is anticipated by December
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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name:
Erin Conley, Rules Coordinator
Address:
Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone:
217-782-2471
Internet:
conleye@ipcb.state.il.us
G)
Related Rulemaking and other pertinent information:
No other known proceeding would impact the provisions of Part 618.
Interested persons may contact the IEPA about its prospective rulemaking
proposal as follows:
Name:
Rick Cobb
Section Manager, Groundwater Section
Division of Public Water Supplies
Bureau of Water
Illinois Environmental Protection Agency
Address:
1021 North Grand Avenue East
P. O. Box 19276
Springfield, IL 62794-9276
Telephone:
217-782-8653
v)
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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
People v. Stonehedge (94-CH-46, May 22, 1997). Compliance monitoring
points are broken into different categories in Section 620.505. Samples
taken from potable water wells other than community water supply wells
are acceptable under certain circumstances. The amendments would seek
to expand those circumstances to instances in which the IEPA has
sufficient hydrogeologic, geologic, construction, and other information to
determine the reliability of data generated by analyses of samples from
those wells. The amendment would provide increased protection of the
groundwater by allowing sampling of greater sampling points.
B)
Statutory Authority:
Implementing and authorized by Section 8 of the Illinois Groundwater
Protection Act, 415 ILCS 55/8 and Section 27 of the Illinois
Environmental Protection Act [415 ILCS 5/27].
C)
Scheduled meeting/hearing dates:
The Board held two hearing on the proposal on March 1, 2001 and on
April 5, 2001.
D)
Date agency anticipates First Notice:
The Board anticipates moving to First Notice with this proposal in the
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:
Joel Sternstein
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
Telephone:
312-814-3665
Internet:
STERNSTJ@ipcb.state.il.us
Address questions concerning this regulatory agenda as follows:
Name:
Erin Conley, Rules Coordinator
Address:
Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone:
217-782-2471
Internet:
conleye@ipcb.state.il.us
G)
Related Rulemaking and other pertinent information:
No other known proceeding would impact the provisions of Part 620.
Interested persons may contact the IEPA about its prospective rulemaking
proposal as follows:
Name:
Rick Cobb
Section Manager, Groundwater Section
Division of Public Water Supplies
Bureau of Water
Illinois Environmental Protection Agency
Address:
1021 North Grand Avenue East
P. O. Box 19276
Springfield, IL 62794-9276
Telephone:
217-782-8653
w)
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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
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.
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 December 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
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 known proceeding would impact the provisions of this Part.
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
x)
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 R02-6
A)
Description:
Section 13(c) of the Environmental Protection Act [415 ILCS 5/13(c)]
mandates that the Board update the Illinois underground injection control
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
(UIC) regulations to reflect amendments to the United States
Environmental Protection Agency (USEPA) UIC regulations.
The Board has reserved docket number R02-6 to accommodate any
amendments to the federal UIC regulations, 40 CFR 144 through 148,
during the period January 1, 2001, through June 30, 2001. At this time,
the Board is not aware of any federal actions that would affect the text of
40 CFR 144 through 148. The Board will verify the existence of any
federal actions and the Board action required in response to each in
coming weeks, by about mid-August 2001. The Board will then propose
corresponding amendments to the Illinois wastewater pretreatment
regulations using the identical-in-substance procedure or dismiss docket
R02-6, 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 the first day of the update period, on January 1, 2001, the due
date for Board adoption of all amendments in the period would be January
1, 2002.
B)
Statutory authority:
Implementing and authorized by Sections 7.2, 13(c) and 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 13(c) & 27].
C)
Scheduled meeting/hearing dates:
None scheduled at this time. When the Board determines to propose
amendments, the Board will vote to do so at an open meeting. No public
hearing is required in identical-in-substance proceedings.
D)
Date agency anticipates First Notice:
The Board cannot project an exact date for publication at this time. The
Board expects to verify any federal actions by mid-August 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 January 1, 2002, the Board will vote to propose
amendments and cause a Notice of Proposed Amendments to appear in the
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
Illinois Register
by early-November 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 R02-6, as follows:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R02-6, as follows:
Name:
Michael J. McCambridge, Attorney
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone:
312-814-6924
Internet:
mccambm@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
The reserved RCRA Subtitle C update docket R02-1 (see item (y) below),
and other, as yet unknown, unrelated Board proceedings may affect the
text of Parts 702, 705, and 720. No other presently-known proceeding
would affect Parts 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
Second Notice review by the Joint Committee on Administrative Rules.
Rather, the Board will cause a Notice of Proposed Amendments to appear
in the
Illinois Register
, and it will accept public comments on the proposal
for 45 days after the date of publication.
y)
Parts (Headings and Code Citations):
RCRA AND UIC PERMIT PROGRAMS (35 Ill. Adm. Code 702)
RCRA PERMIT PROGRAM (35 Ill. Adm. Code 703)
PROCEDURES FOR PERMIT ISSUANCE (35 Ill. Adm. Code 705)
HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL (35 Ill. Adm. Code
720)
IDENTIFICATION AND LISTING OF HAZARDOUS WASTE (35 Ill. Adm. Code
721)
STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE (35 Ill.
Adm. Code 722)
STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE (35
Ill. Adm. Code 723)
STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES (35 Ill. Adm. Code 724)
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
(35 Ill. Adm. Code 725)
STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTE
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
(35 Ill. Adm. Code 726)
LAND DISPOSAL RESTRICTIONS (35 Ill. Adm. Code 728)
STANDARDS FOR UNIVERSAL WASTE MANAGEMENT (35 Ill. Adm. Code 733)
STANDARDS FOR THE MANAGEMENT OF USED OIL (35 Ill. Adm. Code 739)
1)
Rulemaking: Docket number R02-1
A)
Description:
Section 22.4(a) of the Environmental Protection Act [415 ILCS 5/22.4(a)]
mandates that the Board update the Illinois rules implementing Subtitle C
of the federal Resource Conservation and Recovery Act (RCRA) to reflect
the United States Environmental Protection Agency (USEPA)
amendments to the federal RCRA Subtitle C regulations.
The Board has reserved docket number R02-1 to accommodate any
amendments to the federal RCRA Subtitle C program, 40 CFR 260
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
through 270, 273, and 279, that USEPA made in the period January 1,
2001, through June 30, 2001. At this time, the Board is aware of the
following federal actions that occurred in this time-frame:
66 Fed. Reg. 3466
(January 16, 2001)
By a direct final rule, USEPA approved the use of
updated test procedures for determination of
various contaminants in water and wastewater.
USEPA amended 40 C.F.R. 136, which is
incorporated by reference in 35 Ill. Adm. Code
720.111.
66 Fed. Reg. 24270
(May 14, 2001)
USEPA withdrew segments of the June 19, 1998
(63 Fed. Reg. 33821) hazardous waste combustor
rule.
66 Fed. Reg. 26795
(May 15, 2001)
USEPA withdrew its January 16, 2001 (66 Fed.
Reg. 3466) direct final rule that approved the use
of updated test procedures for determination of
various contaminants in water and wastewater.
66 Fed. Reg. 27218
(May 16, 2001)
USEPA adopted relaxed requirements for low-
level radioactive waste that is mixed with
hazardous waste (LLMW) and enhanced naturally
occurring and accelerator-produced radioactive
material (NARM).
66 Fed. Reg. 27266
(May 16, 2001)
USEPA adopted the retention of the mixture rule
and derived-from rule in the hazardous waste
regulations.
The Board has not yet verified which if any of these listed federal actions
will actually require amendments to the Illinois RCRA Subtitle C
hazardous waste regulations. The Board has not yet determined whether
this listing of federal actions is an exhaustive listing of all federal actions
that affect the text of 40 CFR 260 through 270, 273, and 279. The Board
will verify the existence of any additional federal actions and the Board
action required in response to each set of federal amendments in coming
weeks, by about mid-August 2001. The Board will propose corresponding
amendments to the RCRA Subtitle C hazardous waste regulations using
the identical-in-substance procedure.
Section 22.4(a) mandates that the Board complete our amendments within
one year of the date on which the United States Environmental Protection
Agency (USEPA) adopted its action upon which our amendments are
based. Assuming for the purposes of illustration that the earliest USEPA
action during the update period that will require Board action is January
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
16, 2001, the due date for Board adoption of all amendments in the period
would be January 16, 2002.
B)
Statutory authority:
Implementing and authorized by Sections 7.2, 22.4(a), and 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 22.4(a) & 27].
C)
Scheduled meeting/hearing dates:
None scheduled at this time. If the Board determines to propose
amendments, the Board will vote to do so at an open meeting. No public
hearing is required in identical-in-substance proceedings.
D)
Date agency anticipates First Notice:
The Board cannot project an exact date for publication at this time. The
Board expects to verify any federal actions by mid-August 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 January 16, 2002,
the Board will vote to propose amendments and cause a Notice of
Proposed Amendments to appear in the
Illinois Register
by early-January
2002. This would be sufficiently in advance of the due date to allow the
Board to accept public comments on the proposal for 45 days before
acting to adopt any amendments.
E)
Effect on small business, small municipalities, or not-for-profit
corporations:
This rulemaking may affect any small business, small municipality, or not-
for-profit corporation that engages in the generation, transportation,
treatment, storage, or disposal of hazardous waste.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking,
noting docket number R02-1, as follows:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R02-1, as follows:
Name:
Michael J. McCambridge, Attorney
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone:
312-814-6924
Internet:
mccambm@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
The reserved UIC update docket R02-6 (see item (x) above), and other, as
yet unknown, unrelated Board proceedings may affect the text of Parts
702, 705, and 720. No other presently-known proceeding would affect
Parts 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.
z)
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:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
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 Summer or Fall
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 Summer or Fall 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 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
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:
See related rulemakings in the Board identical-in-substance rulemakings
(items (x) and (y) above ).
aa)
Part (Heading and Code Citation):
UNDERGROUND STORAGE TANKS (35 Ill. Adm. Code 731)
1)
Rulemaking:
Docket number R02-2
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.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
The Board has reserved docket number R02-2 to accommodate any
amendments to the 40 CFR 281 through 283 that USEPA may make in the
period January 1, 2001, through June 30, 2001. At this time, the Board is
not aware of any federal amendments. The Board will verify the existence
of any federal actions and the Board action required in response to each in
coming weeks, by about mid-August 2001. The Board will then propose
corresponding amendments to the Illinois UST regulations using the
identical-in-substance procedure or dismiss docket R02-2, 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 January 1, 2001, the due date for Board
adoption would be January 1, 2002.
B)
Statutory authority:
Implementing and authorized by Sections 7.2, 22.4(d), and 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 22.4(d) & 27].
C)
Scheduled meeting/hearing dates:
None scheduled at this time. The Board will vote to propose any
amendments at an open meeting. No hearing is required in identical-in-
substance proceedings.
D)
Date agency anticipates First Notice:
The Board cannot project an exact date for publication at this time. The
Board expects to verify any federal actions by mid-August 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 January 1, 2002, for the purposes of illustration,
the Board would vote to propose amendments and cause a Notice of
Proposed Amendments to appear in the
Illinois Register
by early-
November 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
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 R02-2, as follows:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R02-2, as follows:
Name:
Michael J. McCambridge, Attorney
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone:
312-814-6924
Internet:
mccambm@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
No other presently-known 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.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
bb)
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:
The Board held hearings on this proposal February 27, 2001 and April
3, 2001.
D) Date Agency Anticipates First Notice:
The Board anticipates moving to First Notice with this rulemaking in
the 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
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
Address written comments concerning the substance of the rulemaking as
follows:
Name:
Joel Sternstein
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone:
312-814-3665
Internet:
STERNSTJ@ipcb.state.il.us
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
cc) 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
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:
The Board held hearings on this proposal on February 28, 2001 and April
4, 2001.
D)
Date Agency anticipates First Notice:
The Board anticipates moving to First Notice with this rulemaking in the
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
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:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 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 rulemakings and other pertinent information:
The Citizens for a Better Environment group has also proposed
amendments to Part 740. See item dd below. Additionally, the Illinois
EPA has proposed amendments to the LUST regulations. See. item (bb)
above. 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
Division of Legal Counsel
1021 North Grand Avenue East
P. O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
dd) Part, Heading and Code Citation: Site Remediation Program (35 Ill. Adm. Code 740)
1)
Rulemaking: R01-29
A)
Description:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
The Citizens for a Better Environment submitted a proposal to the Board
calling for additional public hearing, record keeping, and reporting
requirements on all Site Remediation Program sites intended to be used as
schools.
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:
The Board held hearings on this proposal on February 28, 2001 and April
4, 2001.
D)
Date Agency anticipates First Notice:
The Board anticipates moving to First Notice with this rulemaking in the
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
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
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
JULY 2001 REGULATORY AGENDA
Address questions concerning this regulatory agenda as follows:
Name:
Erin Conley, Rules Coordinator
Address:
Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone:
217-782-2471
Internet:
conleye@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
The Illinois EPA has proposed amendments to the SRP regulations (see.
item (cc) above.
ee)
Part (Headings and Code Citations): Illinois Hazardous Substances Pollution
Contingency Plan (35 Ill. Adm. Code 750)
1)
Rulemaking: No docket presently reserved.
A)
Description:
The Illinois Environmental Protection Agency is planning to propose
amendments to the Board’s regulations that will repeal the removal and
remedial action provisions of Part 750 and amend the remaining
provisions to make them consistent with the current National Contingency
Plan.
B)
Statutory Authority:
Sections 22.7 and 27 of the Environmental Protection Act [415 ILCS
5/22.7 and 27].
C)
Scheduled Meeting/Hearing Dates:
No meetings or hearings are scheduled at this time. Once the proposal is
filed, the Board will conduct public hearings in accordance with the
requirements established by Sections 27 and 28 of the Environmental
Protection Act. [415 ILCS 5/27, 28].
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
D)
Date Agency Anticipates First Notice:
The IEPA anticipates submitting its proposal in Fall or Winter of 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:
The IEPA does not expect this rule to affect any small business, small
municipality, or not-for-profit corporations
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 development of these amendments please
contact:
Kyle Rominger
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
217-782-5544
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
G)
Related Rulemaking and other pertinent information:
The Agency plans to propose amendments in the future that will replace
the removal and remedial action provisions being repealed in this
proposal. The anticipated date for the future proposal is currently
unknown.
ff)
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 R02-7
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 R02-7 to accommodate any
amendments to the RCRA Subtitle D regulations, 40 CFR 258, that
USEPA may make in the period January 1, 2001, through June 30, 2001.
At this time, the Board is not aware of any amendments to the federal
RCRA Subtitle D MSWLF regulations. The Board will verify the
existence of any federal actions and the Board action required in response
to each in coming weeks, by about mid-August 2001. The Board will then
propose corresponding amendments to the Illinois RCRA Subtitle D
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
MSWLF rules using the identical-in-substance procedure or dismiss
docket R02-7, 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 R02-7, if the earliest federal
amendments in the applicable period is assumed to have occurred on
January 1, 2001, the nominal due date would be January 1, 2002.
B)
Statutory authority:
Implementing and authorized by Sections 7.2, 22.40(a) and 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 22.40(a) & 27].
C)
Scheduled meeting/hearing dates:
No meetings or hearings are scheduled at this time. Once the proposal is
filed, the Board will conduct public hearings in accordance with
requirements established by Sections 27 and 28 of the Act [415 ILCS 5/27
& 28].
D)
Date agency anticipates First Notice:
The Board cannot project an exact date for publication at this time. The
Board expects to verify any federal actions by mid-August 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 January 1, 2002, the Board
will vote to propose amendments and cause a Notice of Proposed
Amendments to appear in the
Illinois Register
by early-November 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 that engages in the land disposal of municipal solid waste.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking,
noting docket number R02-7, as follows:
Name:
Dorothy Gunn, Clerk
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R02-7, as follows:
Name:
Michael J. McCambridge, Attorney
Address:
Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone:
312-814-6924
Internet:
mccambm@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
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.
hh)
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:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
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.
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 Summer or Fall
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 Summer or Fall 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
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:
No other presently known proceedings are expected to impact Part 848.
ii)
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).
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
B)
Statutory authority:
Implementing Section 25 and authorized by Section 27 of the
Environmental Protection Act (415 ILCS 5/25 and 5/27).
C)
Scheduled meeting/hearing dates:
No meetings or hearings are scheduled at this time. Once the proposal is
filed, the Board will conduct hearings as required by Sections 27 and 28 of
the Act (415 ILCS 5/27, 5/28), possibly in Summer or Fall of 2001.
D)
Date Agency anticipates First Notice, if known:
A Summer or Fall 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.
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
JULY 2001 REGULATORY AGENDA
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.
jj)
Part (Headings and Code Citations):
GENERAL PROVISIONS (35 Ill. Adm. Code 1420)
ACTIVITY STANDARDS (35 Ill. Adm. Code 1421)
DESIGN AND OPERATION OF FACILITIES (35 Ill. Adm. Code 1422)
1)
Rulemaking: No docket presently reserved.
A)
Description:
35 Ill. Adm. Code Subtitle M, Parts 1420, 1421, and 1422, are the rules for
Potentially Infectious Medical Waste (PIMW). Through administration of
these rules, the IEPA has identified a need for the disposal outside of the
municipal waste stream of household medical waste, including sharps,
generated from home health care. One approach under consideration is to
exempt from the transfer station permit requirement doctors’ offices,
hospitals and pharmacies that accept household-generated medical wastes
for transfer to disposal facilities. The permit requirement may be replaced
with a requirement for registration with the IEPA. Certain other
provisions are in need of clarification. However, it is not clear at this time
whether each of the three Parts will need to be amended.
B)
Statutory Authority:
Sections 27 and 56.2(f) of the Act [415 ILCS 5/27, 56.2(f)].
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2001 REGULATORY AGENDA
C)
Scheduled Meeting/Hearing Dates:
The IEPA presently anticipates that it will file a rulemaking proposal in
Summer or Fall 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 Summer or Fall 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-
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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 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:
No other presently-known proceeding would potentially impact Parts
1420, 1421, and 1422.
For information regarding the development of these amendments please
contact:
Name:
M. Kyle Rominger
Address:
1021 N. Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Telephone:
(217) 782-5544