D
CONTROL BOARD
TE OF ILLINOIS
TN THE MATTER OF:
UIC CORRECTIONS,
USEPA AMENDMENTS
(July
1,
1999 through June
30,
2000)
RECEIVED
CLERK’S OFFICE
JUL
1
7
2001
STATE
OF
ILLu~uiS
Pollution
Control Board
R01—30
(Identical—in—Substance
Rulemaking
-
Land)
NOTICE
TO:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11—500
Chicago,
Illinois
60601
PLEASE TAKE NOTICE
that
I
have
filed with
the Office
of
the
Clerk
of
the
Illinois
Pollution
Control
Board,
the
INSTANTER RESPONSE
OF
THE
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
PURSUANT
TO
PUBLIC
COMMENT
PERIOD
FOR
PROPOSED
IDENTICAL-IN-SUBSTANCE
RULES,
a
copy
of which
is
herewith served upon you.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
~$7
Susan
J
Schroeder
Associate Counsel
Division of Legal Counsel
Dated:
July
16,
2001
Agency File Number:
157-01
1021 North Grand Avenue East
Post Office Box 19276
Springfield,
Illinois 62794—9276
THIS FILING IS SUBMITTED ON RECYCLED PAPER
RECEIVED
CLERK’S OFFTrF
BOARD
JUL
1
7
2001
STATE OF
ILLUNUIS
Pollution Control Board
IN THE MATTER OF:
RO1—30
UIC CORRECTIONS,
USEPA AMENDMENTS
)
(Identical-in-Substance
(July
1,
1999 through June
30,
2000)
)
Rulemaking
-
Land)
INSTANTER RESPONSE OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
PURSUANT TO PUBLIC COMMENT PERIOD FOR PROPOSED
IDENTICAL-IN-SUBSTANCE
RULES.
NOW COMES
THE
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
(hereinafter
“Agency”),
by
and
through
one
of
its
attorneys,
Susan
J.
Schroeder,
pursuant
to Section
7.2
and
13(c)
of the
Environmental
Protection Act
(“Act”),
respectfully moves
the Board to allow the
filing of the Agency
responses
to
proposed amendments
to
the underground
injection control
(“UIC”)
regulations
that
the
United
States
Environmental
Protection
Agency
(“USEPA”)
adopted
to implement Section
1421
of
the federal Safe
Drinking Water Act
at
42 U.S.C.
§300h instanter.
The proposed regulations
were published
through
an
order
of
the Board
dated
May
3,
2001.
Due
to
the
nature
of
USEPA’s
comments
and
the
status
of
the
UIC
Program
in
Illinois,
the
Agency
wishes
to
provide
these comments.
The Agency believes
that
no prejudice
will result
in
filing the Agency Response at this
time.
The Agency’s
comments
pursuant
to
the
public
comment
period
for
the
proposed identical-in-substance
rules
are included with
this
filing as
Attachment A.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Susan
J
Schroeder
“~
Associate Counsel
Division of Legal Counsel
THIS FILING IS SUBMITTED ON RECYCLED
PAPER
ATTACHMENT A
704.146 Inventory Requirements
The rule states that injection into a Class V well is authorized by rule.
USEPA feels this wording
would be confusing in that the injection is authorized, not the well.
Further USEPA states that
whether injection is present or not, the well by its existence is
still covered by the UIC program
and as such must be properly addressed.
The authorization relates to the injection into a well, not so much the well.
The USEPA
comments imply that any well, monitoring wells for example, would be covered by the UIC
program.
The injection is the portion ofthe equation that requires “authorization,” not as such
the well.
Requiring any and all “wells” that could be used for injection to
comply with the UJC
program is not intent ofthe UIC requirements.
It appears that the Board wording is sufficient
without additions or corrections.
704.283(a) and 704.288
Board Notes.
This relates to the ability for the State to develop and use its own forms.
The wording should
allowfor State developed forms, and not mandate the use ofthe Federal forms.
However the
Board notes may only refer to the 0MB/Federal forms and/or regulation listing the required
information, and not require the use ofthese forms.
Ifso, then the
State can develop and use
State forms should the State desire to do so.
704.102
The USEPA comments relate to the possibility that a Class IV well may have six months to
close.
Anypossible reference to the ability to operate
Class IV wells, even if only for six months
prior to being closed should be corrected.
Existing regulations already ban Class IV wells.
It
would be best if all portions ofthe regulations clearly state that Class IV wells are banned.
STATE OF ILLINOIS
COUNTY OF SANGANON
PROOF OF SERVICE
I,
the
undersigned,
on
oath
state
that
I
have
served
the
attached
NOTICE and INSTANTER RESPONSE
OF
THE
ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY
PURSUANT
TO
PUBLIC
COMMENT
PERIOD
FOR
PROPOSED
IDENTICAL—IN-
SUBSTANCE
RULES
upon
the
person
to whom
it
is
directed,
by placing
a
copy in an envelope addressed to:
Dorothy Gunn,
Clerk
Pollution Control Board
100 West Randolph Street
Suite 11—500
Chicago,
Illinois
60601
(FEDERAL EXPRESS)
and mailing
it
from
Springfield,
Illinois
on
Monday,
July
16,
2001,
with sufficient postage affixed.
SUBSCRIBED AND SWORN TO BEFORE ME
this l6~ day of July,
2001.
Notary Public
OFFICIAL
SEAL
BRENDA
BOEHNER
NOTARY
PUBLIC,
STATE
OF
ILLINOIS ~
~MV COMMISSION
EXPIRES
vI.14.2oo1~:
THIS FILING IS SUBMITTED ON RECYCLED PAPER
