CLERK’S r~cr
JAN
1
1
7002
STATE OF lWt~4’~’~
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD pOUUtt0~~
Control Board
IN THE MATTER OF:
WASTEWATER PRETREATMENT
UPDATE, USEPA AMENDMENTS
(October 3, 2001)
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
)
)
)
)
)
)
)
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NOTICE
R02-9
(Identical-in-Substance
Rulemaking)
Michael McCambridge
Hearing Officer
James R. Thompson Center
100 West Randolph,
Suite 11-500
Chicago, Illinois 60601
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Pollution Control Board the U.S. Environmental
Protection Agency’s Motion of extension of time
in the above matter, a copy of which is herewith served upon you.
Date:
JAN
0 9
2001
U.S. Environmental Protection Agency
77 WestJackson Boulevard
Chicago, Illinois 60604
ENVIRONMENTAL PROTECTION AGENCY
OF THE STATE OF ILLINOIS
By:
______
Jo
nnTraub
Director, Water Division
RECEIVED
CLERR’,S
flPri,-,::
J~4N1
1
2002
STATE
OF
ILLINOIS
Poll~tjo,~
Control Bo~r,~
BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
IN
THE
MATTER OF:
)
)
WASTE WATER PRETREATMENT
)
R02-9
UPDATE, USEPA AMENDMENTS
)
(Identical-In-Substance
(October 3, 2001)
)
Rulemaking)
MOTION FOR EXTENSION OF TIME TO FILE COMMENTS
The United States Environmental Protection Agency (USEPA) Region
5
moves foran extension
oftime to file comments to the Illinois Pollution Control Board’s (the Board) proposed amendments to
35
Ill. Adm. Code 310, and in support states as follows:
1.
On August 30, 2000,
USEPA, the Illinois Environmental Protection Agency (IEPA),
and the
Metropolitan Water ReclamationDistrict of Greater Chicago (the District) entered into a Final Project
Agreement under USEPA’s Project eXcellence and Leadership (Project XL).
The Agreement
represented ajoint statement of the plans and commitments of the parties to carry out a pilot project,
which would afford the District flexibility in administering its Pretreatment Program, while committing
the District to achievement of environmental perfonnance better than would be achieved under its
existing program.
2.
On October 3, 2001, USEPA promulgated a final rule forPretreatment Program Reinvention
PilotProjects Under Project XL (66 FR
50334).
This rule is intended to provide the regulatory flexibility
that will enable the five Publicly Owned Treatment Works (POTWs) with signed Project XL Agreements
(including the District), and other test programs to move forward.
3.
On October 31, 2001, the Board received a motion forexpedited consideration from the IEPA
and the District, which requested that the Board expedite USEPA’s October 3, 2001, rule allowing states
2
to modifyNational Pollutant Discharge Elimination System permits to implement agreements made
under the Project XL program.
4.
On November 30, 2001, The Board adopted a proposal for public comment containing
amendments to incorporate the Federal Project XL rules at40 CFR 403 into Ill. Adm. Code 310.
The
Board proposed updating the definitions in 35 Iii.
Adm. 310.110, and adding anew Subpart L to Part
310.
In proposed n~w
Section 310.930, the Board provides that IEPA may modify the District’spermits
in accordance with the Project XL agreement it finalized with IEPA and USEPA on
August 30, 2000.
Any other Project XL agreements would need to be presented to the Board in a
rulemaking, adjusted standard, or variance proceeding under Sections 27 and 28, 28.1, or 35 through 38
of the Environmental Protection Act (415 ILCS
5/27,
28, 28.1, 35-38)(2000).
5.
It was USEPA’s understanding that to implement the District’s XL Project, the Board would
amend the state regulations by adopting language that was essentially the same as the Federal rule.
6.
SinceThe process identified in proposed 35 Iii. Adm. Code 310.930 differs from the process
established under the Federal rule, we would like more time to review the proposed rule in order to
determine its impact in implementing the XL program
in Illinois.
WhEREFORE, the United States EPA requests an exte~s
ion oftime until February 15, 2002, to
review the proposed rule and to potentially file comments.
In the alternative, USEPA requests
an
extension of the comment period to the general public until that date.
Respectfully subn)itted,
By:________
Jo Lynn Traub, Director(
WaterDivision
Dated: January
9, 2002
USEPA Region
5
77
W. Jackson Blvd
Chicago,
IL 60604
STATE OF ILLINOIS
COUNTY OF COOK
)
)
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PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached MOTION upon the
persons to whom itis directed, byplacing a copy in
an envelope addressed to:
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 WestRandolph, Suite 11-500
Chicago, Illinois 60601
MichaelMcCambridge
HearingOfficer
James it Thompson Center
100 WestRandolph, Suite 11-500
Chicago, illinois 60601
and mailing it from Chicago,
Illinois
on January 10,2002
with sufficient postage affixed.
~
SUBSCRIBED AN)
SWORN TO BEFORE ME
this
)
O
day of
iIQO,
2002.
NOTARYPUBLIC
OFFICIAL SEAL”
JOSEPH
H.
KRUTH
Notary Public, State of Illinois
MyCornmission Expires
07,24/04
