ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2002 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 Spring or Summer of 2002.
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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JANUARY 2002 REGULATORY AGENDA
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: R02-10.
A) Description:
The Illinois Environmental Protection Agency (IEPA) has filed a
rulemaking proposal before the Board relating to the permitting of
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POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
emission units that change locations at least once a year. This rulemaking
addresses 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 amendments 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:
Hearings will be held in Spring 2002 in accordance with the requirements
established by Sections 27 and 28 of the Environmental Protection Act
[415 ILCS 5/27 & 28].
D)
Date agency anticipates First Notice:
The Board anticipates moving this proposal to first notice after public
hearings have been held.
E)
Effect on small business, small municipalities, or not-for-profit
corporation:
This rule may affect any small business, small municipality, or not-for-
profit corporation that owns or operates a portable emission unit.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
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POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
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)
Part(s) (Heading and Code Citation): EMISSIONS REDUCTION MARKET SYSTEM
35 Ill. Adm. Code 205
1) Rulemaking: No docket presently reserved.
A) Description:
The proposed rule would modify the applicability provisions and clarify
other related provisions.
B) Statutory Authority:
Authorized by Section 9.8 of the Environmental Protection Act [415 ILCS
5/9.8].
C)
Scheduled meeting/hearings dates: .
The IEPA has stated that it anticipates filing a rulemaking proposal with
the Board in the Spring or Summer of 2002. 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
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Sections 27 and 28 of the Environmental Protection Act [415 ILCS 5/27 &
28].
D)
Date agency anticipates First Notice: .
An IEPA submittal of a proposal to the Board would commence this
proceeding, and the IEPA has stated that it expects to file a proposal in the
Spring or Summer of 2002. 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:
Any small businesses, small municipalities, or not-for-profit corporations
that are subject to the Emissions Reduction Market System would be
subject to the modified applicability provisions.
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: None
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POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
For information regarding the IEPA’s development of this proposal, please
contact the following IEPA attorney:
Name: Gina Roccaforte
Address: Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Telephone: 217-782-5544
d)
Parts (Headings and Code Citations):
DEFINITIONS AND GENERAL PROVISIONS (35 Ill. Adm. Code 211)
ORGANIC MATERIAL EMISSION STANDARDS AND LIMITATIONS FOR THE
CHICAGO AREA (35 Ill. Adm. Code 218)
ORGANIC MATERIAL EMISSION STANDARDS AND LIMITATIONS FOR THE
METRO EAST AREA (35 Ill. Adm. Code 219)
1) Rulemaking: No docket presently reserved.
A) Description:
The IEPA is currently developing amendments for proposal to the Board
to accomplish several goals in a single cleanup rulemaking. This includes
the following amendments to the Illinois ozone rules: (1) the rulemaking
may amend existing air pollution control rules for lithographic printing
operations to clean up the existing language to make Parts 218 and 219
consistent with revisions to 35 Ill. Adm. Code Part 211 (Definitions) and
with recent revisions to these rules; (2) the rulemaking may include
amendments to existing rules for volatile organic liquid storage tanks; (3)
the rulemaking may include a rule to amend existing rules for
perchlorethylene dry cleaners, since perchloroethylene was delisted as a
volatile organic material by the United States Environmental Protection
Agency (USEPA); (4) the rulemaking may amend existing rules for
capture efficiency testing in order to make state rules consistent with
USEPA's final rule on the revised capture efficiency test methods; (5) the
rulemaking may correct minor or nonsubstantive errors amending rules for
incorporations by reference, batch operations, and afterburner operation,
air oxidation reactors and vapor collection and control systems; and (6) the
rulemaking may also amend Part 211 to conform any possible conflicting
provisions with the changes made to 35 Ill. Adm. Code 218 and 219.
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B) Statutory authority:
Implementing and authorized by Sections 9.8, 27, 28.2, and 28.5 of the
Environmental Protection Act [415 ILCS 5/9.8, 27, 28.2 & 28.5].
C)
Scheduled meeting/hearing dates:
The IEPA has stated that it anticipates submitting its rulemaking proposal
to the Board in the Spring or Summer of 2002. 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
Spring or Summer of 2002. After the filing of a proposal by the IEPA, the
Board will cause publication of a Notice of Proposed Amendments in the
Illinois Register
.
E)
Effect on small business, small municipalities, or not-for-profit
corporation:
This rulemaking may affect any small business, small municipality, or not-
for-profit corporation that emits volatile organic material. However, the
IEPA anticipates that the amendments will have no new substantive
impact on any sources, since the amendments will be a clean-up of
existing requirements.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
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POLLUTION CONTROL BOARD
JANUARY 2002 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:
Board docket R02-15 (see item (e) below) could affect the text of Part
211. No other presently-known prospective proceeding would potentially
impact the general provisions of Part 218 or Part 219.
For information regarding the IEPA’s development of this proposal, please
contact the following IEPA attorney:
Name: Rachel Doctors
Address: Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Telephone: 217-782-5544
e)
Part (Heading and Code Citation):
DEFINITIONS AND GENERAL PROVISIONS (35 Ill. Adm. Code 211)
1) Rulemaking: Docket number R02-15
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)
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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 R02-15 to accommodate any
amendments to the 40 CFR 51.100(s) definition of VOM that USEPA may
make in the period July 1, 2001 through December 31, 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-February 2002. The Board will then propose corresponding
amendments to the Illinois definition of VOM using the identical-in-
substance procedure or dismiss docket R02-15, as necessary and
appropriate.
Section 9.1(e) 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
USEPA adopted an amendment that will require Board action on the first
day of the update period, on July 1, 2001, the due date for Board adoption
would be July 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.
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POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
D)
Date agency anticipates First Notice:
The Board cannot project an exact date for publication at this time. The
Board expects to verify any federal actions by mid-February 2002, after
which time the Board will propose any amendments to the Illinois
definition of VOM that are necessary in response to the federal
amendments that have occurred. If the due date for Board adoption of
amendments in this docket is assumed to be July 1, 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-
March 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. Alternatively, if no amendment
to the Illinois definition is needed, the Board would promptly dismiss this
reserved docket.
E)
Effect on small business, small municipalities, or not-for-profit
corporations:
This rulemaking may affect any small business, small municipality, or not-
for-profit corporation that engages in the emission of a chemical
compound that is the subject of a proposed exemption or proposed
deletion from the USEPA list of exempted compounds.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking,
noting docket number R02-15, 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 R02-15, as follows:
Name: Michael J. McCambridge, Attorney
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
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POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
Telephone: 312-814-6924
Internet: mccambm@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
Other prospective proceedings (see item (d) above ) and other, as yet
unknown, unrelated Board proceedings could potentially impact the
general provisions of Part 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)
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:
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POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
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].
D)
Date Agency Anticipates First Notice:
A Spring or Summer of 2002 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
Commercial and Industrial Solid Waste 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
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.
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:
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POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
The IEPA has stated that it anticipates filing a rulemaking proposal with
the Board in the Spring or Summer of 2002. 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
Spring or Summer of 2002. After the filing of a proposal by the IEPA, the
Board will cause publication of a Notice of Proposed Amendments in the
Illinois Register
.
E)
Effect on small businesses, small municipalities, or not-for-profit
corporations:
This rule may affect any small business, small municipality, or not-for-
profit corporation that engages in the removal of lead-based paint.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
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 (Heading and Code Citation):
INTRODUCTION (35 Ill. Adm. Code 301)
1) Rulemaking: R02-11
A) Description:
These proposed amendments are part of a proceeding entitled, In the
Matter of: Water Quality Amendments to 35 Ill. Adm. Code 302.208(e)-
(g), 302.504(a), 302.575(d), 303.444, 309.141(h) and Proposed 301.267,
301.313, 301.413, 304.120(g), and 309.157. Other related amendments
are proposed in Parts 302, 303, and 309, and are contained in separate
notices pertaining to those Parts. This rulemaking defines terms,
Conversion Factor, Metals Translator, and Total Metal, to be used by the
Illinois Environmental Protection Agency in ensuring compliance with the
Clean Water Act requirements at 33 U.S.C. §1313 when issuing National
Pollutant Discharge Elimination System permits pursuant to 415 ILCS
5/39(b) and water quality certifications required by 33 U.S.C. §1341.
B) Statutory authority:
Implementing and authorized by Sections 13 and 27 of the Environmental
Protection Act [415 ILCS 5/13 & 27].
C)
Scheduled meeting /hearing date:
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POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
Hearings have been scheduled for January 29 and March 6, 2002 and will
be held in accordance with the requirements established by Sections 27
and 28 of the Environmental Protection Act [415 ILCS 5/27 & 28].
D)
Date agency anticipates First Notice:
The Board will proceed to first notice with this rulemaking after hearings
have concluded.
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 particular contaminates into waters of
the State.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
G)
Related rulemaking and other pertinent information: Parts 302, 303, 304
and 309 are included in this docket.
For information regarding the Illinois EPA’s development of this proposal,
please contact:
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POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
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
i)
Part (Heading and Code Citation):
WATER QUALITY STANDARDS (35 Ill. Adm. Code 302)
1) Rulemaking: R02-11
A) Description:
These proposed amendments is part of a proceeding entitled, In the Matter
of: Water Quality Amendments to 35 Ill. Adm. Code 302.208(e)-(g),
302.504(a), 302.575(d), 303.444, 309.141(h)(3)and Proposed 301.267,
301.313, 301.413, 304.120(g), and 309.157. Other related amendments
are proposed in Parts 301, 303, and 309, and are contained in separate
notices pertaining to those Parts. These amendments revise and add
numeric water quality standards for the protection of aquatic organisms
and human health applicable to general use waters and the Lake Michigan
Basin. The amended water quality standards will be used by the Illinois
Environmental Protection Agency in ensuring compliance with the Clean
Water Act requirements at 33 U.S.C. §1313 when issuing National
Pollutant Discharge Elimination System permits pursuant to 415 ILCS
5/39(b) and water quality certifications required by 33 U.S.C. §1341.
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:
Hearings have been scheduled for January 29 and March 6, 2002 and will
be held in accordance with the requirements established by Sections 27
and 28 of the Environmental Protection Act [415 ILCS 5/27 & 28].
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POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
D)
Date agency anticipates First Notice:
The Board will proceed to first notice with this rulemaking after hearings
have concluded.
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 into the waters of this State.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
G)
Related rulemaking and other pertinent information: Parts 301, 303, 304
and 309 are included in this docket. Additionally, Part 302 is included in
docket R02-19 (see item j below).
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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
Springfield, Il. 62794-9276
Telephone: 217-782-1654
j)
Part (Heading and Code Citation):
WATER QUALITY STANDARDS (35 Ill. Adm. Code 302)
1) Rulemaking: R02-19
A) Description:
These proposed amendments are part of a proposal filed before the Board
by the Illinois Association of Wastewater Agencies (IAWA). In its
statement of reasons, IAWA explains that this proposal to amend the
Board’s ammonia regulations is based on changes to the United States
Environmental Protection Agency’s (USEPA) National Criteria Document
(NCD) for ammonia. The proposed amendments propose changes to both
the acute and chronic general use water quality standards for un-ionized
ammonia, as well as the addition of calculations for sub-chronic ammonia.
Additionally, IAWA’s proposal seeks to repeal portions of the rules
related to Effluent Modified Waters in Part 302 and 304.
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:
Hearings have been scheduled for March 25 and April 23, 2002 and will
be held in accordance with the requirements established by Sections 27
and 28 of the Environmental Protection Act [415 ILCS 5/27 & 28].
D)
Date agency anticipates First Notice:
The Board may proceed to first notice with this rulemaking after hearings
have concluded.
E)
Effect on small businesses, small municipalities or not-for-profit
corporations:
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JANUARY 2002 REGULATORY AGENDA
This rule may affect any small business, small municipality, or not-for-
profit corporation that discharges into the waters of this State.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
G)
Related rulemaking and other pertinent information: R02-19 also amends
Part 304. Additionally, Part 302 is included in docket R02-11 (see item i
above).
k)
Part (Heading and Code Citation):
WATER USE DESIGNATIONS AND SITE SPECIFIC WATER QUALITY
STANDARDS (35 Ill. Adm. Code 303)
1) Rulemaking: R02-11.
A) Description:
These proposed amendments are part of a proceeding entitled, In the
Matter of: Water Quality Amendments to 35 Ill. Adm. Code 302.208(e)-
(g), 302.504(a), 302.575(d), 303.444, 309.141(h)(3), and Proposed
301.267, 301.313, 301.413, 304.120(g), and 309.157. Other related
amendments are proposed in Parts 301, 302, and 309, and are contained in
separate notices pertaining to those Parts. These amendments repeal the
chronic cyanide standard of 10 μg/L applicable to Salt Creek, Higgins
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Creek, West Branch of the DuPage River, Des Plaines River. Instead, the
general use chronic water quality standard for cyanide contained in
Section 302.208 will apply.
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:
Hearings have been scheduled for January 29 and March 6, 2002 and will
be held in accordance with the requirements established by Sections 27
and 28 of the Environmental Protection Act [415 ILCS 5/27 & 28].
D)
Date agency anticipates First Notice:
The Board will proceed to first notice with this rulemaking after hearings
have concluded.
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 into the Salt Creek, Higgins Creek, West
Branch of the DuPage River, or 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:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
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POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
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: Parts 301, 302, 304
and 309 are included in this docket.
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: R02-11
A) Description:
The Illinois Environmental Protection Agency (IEPA) is currently
preparing a rulemaking proposal for filing before the Board relating to
deoxygenating wastes. This rule would replace the five-day biochemical
oxygen demand (BOD5) effluent standard with the carbonaceous
biochemical oxygen demand (CBOD5) standard.
B) Statutory Authority:
Implementing and authorized by Sections 13 and 27 of the Environmental
Protection Act [415 ILCS 5/13 & 27].
C)
Schedule meeting/hearing date:
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Hearings have been scheduled for January 29 and March 6, 2002 and will
be held in accordance with the requirements established by Sections 27
and 28 of the Environmental Protection Act [415 ILCS 5/27 & 28].
D) Date agency anticipates First Notice:
The Board will proceed to first notice with this rulemaking after hearings
have concluded.
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
Related rulemaking and other pertinent information: Parts 301, 302, 303 and 309
are included in this docket. Additionally, Part 304 is included in docket
R02-19 (see item m below).
For information on the Agency’s development of this proposal contact:
Name: Tom McSwiggin
Address: Bureau of Water
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield Illinois 62794-9276
Telephone (217) 782-0610
m)
Part (Heading and Code Citation):
EFFLUENT STANDARDS (35 Ill. Adm. Code 304)
1) Rulemaking: R02-19
A) Description:
These proposed amendments are part of a proposal filed before the Board
by the Illinois Association of Wastewater Agencies (IAWA). In its
statement of reasons, IAWA explains that the proposed amendments to
Part 304 strike references to Effluent Modified Waters.
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:
Hearings have been scheduled for March 25 and April 23, 2002 and will
be held in accordance with the requirements established by Sections 27
and 28 of the Environmental Protection Act [415 ILCS 5/27 & 28].
D)
Date agency anticipates First Notice:
The Board may proceed to first notice with this rulemaking after hearings
have concluded.
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 into the waters of this State.
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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
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: R02-19 also
proposes to amend Part 302. Additionally, Part 304 is included in docket
R02-11 (see item l above).
n)
Parts (Headings and Code Citations):
SEWER DISCHARGE CRITERIA (35 Ill. Adm. Code 307)
PRETREATMENT PROGRAMS (35 Ill. Adm. Code 310)
1) Rulemaking: Docket number R02-14
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 R02-14 to accommodate any
amendments to the federal wastewater pretreatment rules, 40 CFR 400
through 499, that the USEPA may have made in the period July 1, 2001
through December 31, 2001. At this time, the Board is aware that USEPA
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undertook one action that affected the text of 40 CFR 400 through 499 and
its implementation. This action is described as follows:
66 Fed. Reg. 50339
(October 3, 2001)
USEPA approved Project XL agreements
involving five publicly owned treatment works,
including the Metropolitan Water Reclamation
District of Greater Chicago and amended the core
wastewater pretreatment requirements to allow
the states to implement these and future similar
agreements.
The Board has already taken action on the listed federal action under a
separate docket number, R02-9, for which a Notice of Proposed
Amendments appeared in the November 30, 2001 issue of the
Illinois
Register
, at 25 Ill. Reg. 15365. At present, we are unaware of any further
federal actions in the time-frame of docket R02-14 that affect the text of
40 CFR 400 through 499 in a way that will require further Board attention
to initiate amendments to the Illinois wastewater pretreatment regulations.
The Board will verify the existence of any additional federal actions and
the Board action required in response to each set of federal amendments in
coming weeks, by about mid-February 2002. 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 October 3, 2001, the due date for Board
adoption of all amendments in the period would be October 3, 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.
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D)
Date agency anticipates First Notice:
The Board cannot project an exact date for publication at this time. The
Board expects to verify any federal actions by mid-February 2002, 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 October 3, 2002, the Board
will vote to propose amendments and cause a Notice of Proposed
Amendments to appear in the
Illinois Register
by mid-June 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 pretreatment engages in the discharge of
pollutants into the collection system of a publicly-owned treatment works
that is the subject of any federal amendments.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking,
noting docket number R02-14, 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 R02-14, as follows:
Name: Michael J. McCambridge, Attorney
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone: 312-814-6924
Internet: mccambm@ipcb.state.il.us
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G)
Related rulemakings and other pertinent information:
No other presently-known proceeding would 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.
o)
Parts (Headings and Code Citations):
PERMITS (35 Ill. Adm. Code 309)
1) Rulemaking: R02-11.
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:
Hearings have been scheduled for January 29 and March 6, 2002 and will
be held in accordance with the requirements established by Sections 27
and 28 of the Environmental Protection Act [415 ILCS 5/27 & 28].
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JANUARY 2002 REGULATORY AGENDA
D)
Date agency anticipates First Notice:
The Board will proceed to first notice with this rulemaking after hearings
have concluded.
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: Parts 301,302, 303,
and 304 are included in this docket.
Another prospective proceeding (see item (p) below) and other, as yet
unknown, unrelated Board proceedings could potentially impact the
general provisions of Part 309.
For information regarding the Illinois EPA’s development of this proposal,
please contact:
Name: Toby Frevert
Address: Bureau of Water
Illinois Environmental Protection Agency
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
1021 North Grand Ave. East
P.O. Box 19276
Springfield, Il. 62794-9276
Telephone: 217-782-1654
p)
Part (Heading and Code Citation):
PERMITS (35 Ill. Adm. Code 309)
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
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
Spring or Summer of 2002. 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
Spring or Summer of 2002. After the filing of a proposal by the IEPA, the
Board will cause a Notice of Proposed Amendments to appear in the
Illinois Register
.
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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:
Another prospective proceeding (see item n above) 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
q)
Part (Heading and Code Citation):
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
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:
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 Spring or Summer of 2002. 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 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 generates or uses sewage sludge.
F)
Agency contact person for information:
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POLLUTION CONTROL BOARD
JANUARY 2002 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 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
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
r)
Parts (Headings and Code Citations):
GENERAL PROVISIONS (35 Ill. Adm. Code 501)
PERMITS (35 Ill. Adm. Code 502)
OTHER AGRICULTURAL AND SILVICULTURAL ACTIVITIES (35 Ill. Adm. Code
503)
IMPLEMENTATION PROGRAM (35 Ill. Adm. Code 504)
1) Rulemaking: Docket number R98-11
A) Description:
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:
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POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
No meetings or hearings are scheduled at this time. However, the Board
will conduct public hearings in accordance with the requirements
established by Sections 27 and 28 of the Environmental Protection Act
[415 ILCS 5/27 & 28].
D)
Date agency anticipates First Notice:
Any action on this docket will occur in the Spring or Summer of 2002.
E)
Effect on small business, small municipalities, or not-for-profit
corporations:
These amendments may affect any small business, small municipality, or
not-for-profit corporation that owns or operates a livestock management
facility or an associated waste handling structure.
F)
Agency contact person for information:
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.
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POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
s)
Part(s) (Heading and Code Citation):
PERMITS (35 Ill. Adm. Code 602)
1) Rulemaking: No docket presently reserved.
A) Description:
The Illinois Environmental Protection Agency (IEPA) is preparing a
rulemaking proposal for filing before the Board to establish criteria for the
design, operation, and maintenance of public water supplies, and rules to
facilitate the permitting process.
B) Statutory Authority:
Implementing and authorized by Section 17 and Section 27 of the Illinois
Environmental Protection Act [415 ILCS 5/17 & 5/27].
C)
Scheduled meeting/hearing dates:
When the proposal is submitted before the Board, the Board will conduct
public hearings on the proposal pursuant to Sections 27 and 28 of the
Environmental Protection Act [415 ILCS 5/27 & 28].
D)
Date agency anticipates First Notice:
An IEPA submittal of the rulemaking proposal is anticipated by Spring or
Summer of 2002. 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.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2002 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 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
t)
Part (Heading and Code Citation):
PRIMARY DRINKING WATER STANDARDS (35 Ill. Adm. Code 611)
1) Rulemaking: Docket number R02-16
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
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 R02-16 to accommodate any
amendments to the SDWA primary drinking water regulations, 40 CFR
141 through 143, that the United States Environmental Protection Agency
(USEPA) may make in the period July 1, 2001 through December 31,
2001. At this time, the Board is aware that USEPA undertook a single
action that affected the text of 40 CFR 141 through 143. This action is
described as follows:
66 Fed. Reg. 46221
(November 4, 2001)
USEPA amended the laboratory certification
requirements for its January 11, 2001 List 2
unregulated contaminants monitoring
requirements.
No amendments will be required by the above federal action. The
unregulated contaminants monitoring requirements are not mandatory
segments of a state’s regulatory package submitted to USEPA for primacy
approval. At present, we are unaware of any further federal actions in the
time-frame of docket R02-16 that affect the text of 40 CFR 141 through
143 in a way that will require Board attention to amend the Illinois
drinking water regulations. The Board will verify the existence of any
additional federal actions and the Board action required in response to
each set of federal amendments in coming weeks, by about mid-February
2002. The Board will then propose corresponding amendments to the
Illinois SDWA regulations using the identical-in-substance procedure or
dismiss docket R02-16, 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 November 4, 2001, the due date for Board adoption would
be November 4, 2002.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
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-February 2002, 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 November 4, 2002, the Board
will vote to propose amendments and cause a Notice of Proposed
Amendments to appear in the
Illinois Register
by late-July 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 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 R02-16, as follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
100 West Randolph Street Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R02-16, 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 (u) below) and other, as yet
unknown proceedings could affect the text of Part 611.
Section 17.5 of the Environmental Protection Act [415 ILCS 5/17.5]
provides that Title VII of the Act and Section 5 of the Administrative
Procedure Act (APA) shall not apply. Because this rulemaking is not
subject to Section 5 of the APA, it is not subject to First Notice or to
Second Notice review by the Joint Committee on Administrative Rules.
Rather, the Board will cause a Notice of Proposed Amendments to appear
in the
Illinois Register
, and it will accept public comments on the proposal
for 45 days after the date of publication.
u)
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,
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which are joint rules of the IEPA, the Illinois Department of Public
Health, and the Illinois Department of Nuclear Safety. A repeal of Part
183 has been completed.
B) Statutory Authority:
Sections 27 and 28 of the Illinois Environmental Protection Act [415 ILCS
5/27 & 28].
C) Scheduled meeting/hearing dates:
When the proposal is submitted before the Board, the Board will conduct
public hearings on the proposal pursuant to Sections 27 and 28 of the
Environmental Protection Act [415 ILCS 5/27 & 28].
D)
Date Agency Anticipates First Notice:
An IEPA submittal of the rulemaking proposal is anticipated by Spring or
Summer of 2002. 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.
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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) Other pertinent information concerning these amendments:
Another prospective proceeding (see item (t) 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
v)
Part(s) (Heading and Code Citation):
MAXIMUM SETBACK ZONES (35 Ill. Adm. Code 618)
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
1) Rulemaking: No docket presently reserved.
A) Description:
The Illinois Environmental Protection Agency (IEPA) is preparing a
rulemaking proposal for filing before the Board that would establish
general provisions for maximum setback zone regulations. This new Part
would, in subpart B, prescribe maximum setback zone prohibitions and the
applicable technology control regulations that apply under existing
regulations for new and existing potential primary sources of groundwater
contamination, new potential routes of groundwater contamination and
new and existing activities regulated under 35 Ill. Adm. Code 615, 35 Ill.
Adm. Code 616 and 8 Ill. Adm. Code 257 that are located wholly or
partially within the maximum setback zone boundaries of the Illinois
American Water Company, Peoria, wells as delineated within the
prospective regulation.
B) Statutory Authority:
Implementing and authorized by Sections 14.3 and Section 27 of the
Illinois Environmental Protection Act [415 ILCS 5/14.3 & 5/27].
C)
Scheduled meeting/hearing dates:
In preparing the proposal, the IEPA has met extensively with members of
the Peoria City Council, the local business community, and representatives
of Illinois American Water Company. The Council recognized the need
for a maximum setback zone regulation. No new meetings are scheduled
at this time. When the proposal is submitted before the Board, the Board
will conduct public hearings on the proposal pursuant to Sections 27 and
28 of the Environmental Protection Act [415 ILCS 5/ 27 & 28].
D)
Date agency anticipates First Notice:
An IEPA submittal of the rulemaking proposal is anticipated by Spring or
Summer of 2002. 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.
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E)
Affect on Small Businesses, small municipalities or not for profit
corporations:
Small businesses, small municipalities or not for profit corporations that engage in
certain activities in the affected area may be affected by having constraints
imposed upon new activities within the maximum zone.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
G)
Related Rulemaking and other pertinent information:
No other known proceeding would impact the provisions of Part 618.
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
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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
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 Spring or Summer of 2002. 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.
ILLINOIS REGISTER
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JANUARY 2002 REGULATORY AGENDA
E) Affect on small business, small municipalities or not for profit
corporations:
This rulemaking will generally benefit small businesses, small
municipalities and not for profit entities by clarifying the requirements
for distribution systems.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
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:
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)
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JANUARY 2002 REGULATORY AGENDA
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 R02-17
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
(UIC) regulations to reflect amendments to the United States
Environmental Protection Agency (USEPA) UIC regulations.
The Board has reserved docket number R02-17 to accommodate any
amendments to the federal UIC regulations, 40 CFR 144 through 148,
during the period July 1, 2001 through December 31, 2001. At this time,
the Board is aware of one federal action that occurred in this time-frame.
That action is described as follows:
66 Fed. Reg. 58258
(November 20, 2001)
USEPA adopted new hazardous waste listings
(K176, K177, and K178) for three wastes
generated from inorganic chemical
manufacturing. With the new waste listings,
USEPA adopted waste treatment standards and
land disposal restrictions for the new wastes.
This included restrictions on underground
injection of these wastes.
The Board has not yet determined whether this is the only federal action to
amend the text of 40 CFR 144 through 148 in a way that will require
Board attention to amend the Illinois UIC regulations. The Board will
verify the existence of any federal actions and any action required in
response to each in coming weeks, by about mid-February 2002. The
Board will then propose corresponding amendments to the Illinois
wastewater pretreatment regulations using the identical-in-substance
procedure or dismiss docket R02-17, as necessary and appropriate.
Section 13(c) mandates that the Board complete amendments within one
year of the date on which USEPA adopted its action upon which the
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
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 November 20, 2001, the due
date for Board adoption of all amendments in the period would be
November 20, 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-February 2002, after
which time the Board will propose any amendments to the Illinois UIC
rules that are necessary in response to the federal amendments that have
occurred. If the due date for Board adoption of amendments in this docket
is assumed to be November 20, 2002, the Board will vote to propose
amendments and cause a Notice of Proposed Amendments to appear in the
Illinois Register
by early-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.
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 R02-17, as follows:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2002 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, noting docket
number R02-17, 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 R02-12 (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
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)
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POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
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 R02-12
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 R02-12 to accommodate any
amendments to the federal RCRA Subtitle C program, 40 CFR 260
through 270, 273, and 279, that USEPA made in the period July 1, 2001
through December 31, 2001. At this time, the Board is aware of four
federal actions that occurred in this time-frame. Those actions are
described as follows:
66 Fed. Reg. 35087
(July 3, 2001)
USEPA adopted a direct final rule that amended
its September 30, 1999 hazardous waste
combustor rule. The amendments affected a
segment of the standards applicable to hazardous
waste treatment, storage, and disposal facilities.
66 Fed. Reg. 35379
(July 5, 2001)
USEPA published two memoranda that outline
the applicability of the hazardous waste
regulations to spent catalyst wastes removed from
dual purpose hydroprocessing reactors at
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petroleum refining facilities, and it invited public
comment on the memoranda. The memoranda
explain that the wastes fall within the description
of listed hazardous wastes numbered K171 and
K172.
66 Fed. Reg. 50332
(October 3, 2001)
USEPA adopted a direct final rule that
incorporated two clarifying revisions into the
May 16, 2001 hazardous waste identification rule.
The first revision replaces exemptions from the
mixture rule previously inadvertently deleted.
The second revision clarifies that mixtures
including certain wastes (“Bevill” wastes) and
listed hazardous wastes listed solely for the
characteristic of ignitability, reactivity, or
corrosivity (
i.e.
, wastes not listed for toxicity) are
no longer hazardous once the characteristic for
which the waste was listed has been removed.
66 Fed. Reg. 58258
(November 20, 2001)
USEPA adopted new hazardous waste listings
(K176, K177, and K178) for three wastes
generated from inorganic chemical
manufacturing. With the new waste listings,
USEPA adopted waste treatment standards and
land disposal restrictions for the new wastes.
The Board has not yet verified which if any of these listed federal actions
will actually require amendments to the Illinois RCRA Subtitle C
hazardous waste regulations. The Board has not yet determined whether
this listing of federal actions is an exhaustive listing of all federal actions
that affect the text of 40 CFR 260 through 270, 273, and 279. The Board
will verify the existence of any additional federal actions and the Board
action required in response to each set of federal amendments in coming
weeks, by about mid-February 2002. 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 July 3,
2001, the due date for Board adoption of all amendments in the period
would be July 3, 2002.
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B) Statutory authority:
Implementing and authorized by Sections 7.2, 22.4(a), and 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 22.4(a) & 27].
C) Scheduled meeting/hearing dates:
None scheduled at this time. If the Board determines to propose
amendments, the Board will vote to do so at an open meeting. No public
hearing is required in identical-in-substance proceedings.
D) Date agency anticipates First Notice:
The Board cannot project an exact date for publication at this time. The
Board expects to verify any federal actions by mid-February 2002, after
which time the Board will propose any amendments to the Illinois RCRA
Subtitle C hazardous waste rules that are necessary in response to the
federal amendments that have occurred. If the due date for Board
adoption of amendments in this docket is assumed to be July 3, 2002, the
Board will vote to propose amendments and cause a Notice of Proposed
Amendments to appear in the
Illinois Register
by mid-March 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 R02-12, as follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
Address questions concerning this regulatory agenda, noting docket
number R02-12, 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 R02-17 (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:
The IEPA plans to repeal certain provisions requiring the submission of
copies of manifests to the Agency.
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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 Spring or
Summer of 2002. No meetings or hearings are scheduled at this time.
Once the proposal is filed the Board will conduct public hearings in
accordance with Sections 27 and 28 of the Act [415 ILCS 5/27, 5/28].
D)
Date Agency anticipates First Notice, if known:
The IEPA anticipates submitting its proposal in Spring or Summer of
2002, after which the Board will cause publication of a Notice of Proposed
Amendments in the
Illinois Register
.
E)
Effect on small businesses, small municipalities or not-for-profit
corporations:
This rulemaking may affect any small business, small municipality or not-
for-profit corporation required to submit copies of manifests to the IEPA.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
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 R02-13
A) Description:
Section 22.4(d) of the Environmental Protection Act [415 ILCS 5/22.4(d)]
mandates that the Board update the Illinois underground storage tank
(UST) regulations to reflect amendments to the United States
Environmental Protection Agency (USEPA) UST regulations. The
mandate specifically excludes federal amendments relating to the design,
construction, installation, general operation, release detection, release
reporting, release investigation, release confirmation, out-of-service
systems, and closure or financial responsibilities for USTs.
The Board has reserved docket number R02-13 to accommodate any
amendments to 40 CFR 281 through 283 that USEPA may make in the
period July 1, 2001 through December 31, 2001. At this time, the Board is
not aware of any federal amendments. The Board will verify the existence
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of any federal actions and the Board action required in response to each in
coming weeks, by about mid-February 2002. The Board will then propose
corresponding amendments to the Illinois UST regulations using the
identical-in-substance procedure or dismiss docket R02-13, as necessary
and appropriate.
Section 22.4(d) mandates that the Board complete our amendments within
one year of the date on which USEPA adopted its action upon which our
amendments are based. Assuming for the purposes of illustration that
USEPA adopted an amendment that will require Board action on the first
day of the update period, on July 1, 2001, the due date for Board adoption
would be July 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-February 2002, after
which time the Board will propose any amendments to the Illinois UST
regulations that are necessary in response to the federal amendments that
have occurred. If the due date for Board adoption of amendments in this
docket is assumed to be July 1, 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 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. Alternatively, if no amendment to the Illinois definition
is needed, the Board would promptly dismiss this reserved docket.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
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 R02-13, 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 R02-13, 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.
bb)
Part(s) (Headings and Code Citation):
Site Remediation Program (35 Ill. Adm. Code 740)
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
1) Rulemaking: No docket presently reserved.
A)
Description:
The Agency anticipates proposing amendments revising the regulations
governing the Site Remediation Program to establish procedures for
requesting review and payment of remediation costs under the newly-
enacted Brownfields Site Restoration Program.
B)
Statutory Authority:
These amendments will be proposed pursuant to Sections 5, 22 and 58.18
of the Illinois Environmental Protection Act (415 ILCS 5/5, 5/22 and
5/58.18)
C)
Scheduled Meeting/Hearing Dates:
The IEPA anticipates it will file a rulemaking proposal in Spring or
Summer of 2002. 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:
The IEPA anticipates submitting its proposal in Spring or Summer of
2002, 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:
These amendments will not affect small businesses, small municipalities
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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
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:
Judy Dyer
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
217-782-5544
Judy.Dyer@epa.state.il.us
G)
Related Rulemaking and other pertinent information:
No other presently-known proceeding would impact the text of Part 740.
cc)
Part(s) (Headings and Code Citation):
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.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
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:
The IEPA anticipates it will file a rulemaking proposal in Spring or
Summer of 2002. 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:
The IEPA anticipates submitting its proposal in Spring or Summer of
2002, 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 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
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
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.
dd)
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 R02-18
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
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 R02-18 to accommodate any
amendments to the RCRA Subtitle D regulations, 40 CFR 258, that
USEPA may make in the period July 1, 2001 through December 31, 2001.
At this time, the Board is aware of the following federal action that
occurred in this time-frame:
66 Fed. Reg. 53535
(October 23, 2001)
USEPA adopted a direct final rule to amend the
definition of “municipal solid waste landfill unit”
and add definitions of “construction and
demolition landfill” and “residential lead-based
paint waste.” The rule would allow the disposal
of residential lead-based paint waste in a
construction and demolition landfill, by excluding
a construction and demolition landfill from the
definition of municipal solid waste landfill.
USEPA hopes to accelerate the pace of lead-
based paint abatement and to reduce the risk to
children through lead exposure by these
amendments.
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-February 2002. The Board will
then propose corresponding amendments to the Illinois RCRA Subtitle D
MSWLF rules using the identical-in-substance procedure or dismiss
docket R02-18, 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 R02-18, if the earliest federal
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
amendments in the applicable period is assumed to have occurred on
October 23, the due date would be October 23, 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-February 2002, 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 October 23, 2002, the Board
will vote to propose amendments and cause a Notice of Proposed
Amendments to appear in the
Illinois Register
by early-August 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 that engages in the land disposal of municipal solid waste.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking,
noting docket number R02-18, as follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R02-18, 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.
ee)
Part(s) (Heading and Code Citation): Management of Used and Waste Tires (35 Ill.
Adm. Code Part 848)
1)
Rulemaking: No docket presently reserved.
A) Description:
Since its adoption of Board rules on May 10, 1991, the IEPA’s
implementation of Part 848 has given rise to the need for amendments and
corrections to better implement the used and waste tire management
program.
B) Statutory authority:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
Sections 27 and 55.2 of the Act [415 ILCS 5/27 and 55.2].
C)
Scheduled meeting/hearing dates:
The IEPA anticipates it will file a rulemaking proposal in Spring or
Summer of 2002. No meetings or hearings are scheduled at this time.
Once the proposal is filed the Board will conduct public hearings in
accordance with Sections 27 and 28 of the Act [415 ILCS 5/27, 5/28].
D)
Date Agency anticipates First Notice, if known:
The IEPA anticipates submitting its proposal in Spring or Summer of
2002, after which the Board will cause publication of a Notice of Proposed
Amendments in the
Illinois Register
.
E)
Effect on small businesses, small municipalities or not-for-profit
corporations:
This rulemaking may affect any small business, small municipality or not-
for-profit corporation that manages used and waste tires.
F)
Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
For information regarding the IEPA’s development of this proposal, please
contact the following IEPA attorney:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
Kyle Rominger
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
217-782-5544
G)
Related rulemakings and other pertinent information:
No other presently known proceedings are expected to impact Part 848.
ff)
Part(s) (Heading and Code Citation): General Provisions (35 Ill. Adm. Code Part 900);
Sound Emission Standards and Limitations for Property Line-Noise-Sources (35 Ill.
Adm. Code Part 901).
1)
Rulemaking: No docket presently reserved.
A) Description:
35 Ill. Adm. Code Part 900 contains the general provisions to the Board’s
noise regulations. Section 900.103 sets forth the procedures to be used for
measuring sound. Under that Section the procedures used must be in
substantial conformity with certain standards of the American National
Standards Institute (“ANSI”). The ANSI standards referenced in Section
900.103, however, are now outdated. The proposed amendments will
update the references to current ANSI standards.
35 Ill. Adm. Code Part 901 contains the standards for allowable sound
levels from property line noise sources. 35 Ill. Adm. Code 901.104
contains limits for impulsive sound and requires sound to be measured
with “fast dynamic characteristic” and is therefore inconsistent with 35 Ill.
Adm. Code 900.103(b), which requires sound to be measured as “leq”.
Section 901.104 will be amended to comply with the requirements of
Section 900.103(b).
B) Statutory authority:
Implementing Section 25 and authorized by Section 27 of the
Environmental Protection Act (415 ILCS 5/25 and 5/27).
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
C)
Scheduled meeting/hearing dates:
The IEPA anticipates it will file a rulemaking proposal in Spring or
Summer of 2002. No meetings or hearings are scheduled at this time.
Once the proposal is filed the Board will conduct public hearings in
accordance with Sections 27 and 28 of the Act [415 ILCS 5/27, 5/28].
D)
Date Agency anticipates First Notice, if known:
The IEPA anticipates submitting its proposal in Spring or Summer of
2002, 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
For information regarding the IEPA’s development of this proposal, please
contact the following IEPA attorney:
Kyle Rominger
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
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.
gg)
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)].
C)
Scheduled Meeting/Hearing Dates:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
The IEPA anticipates it will file a rulemaking proposal in Spring or
Summer of 2002. 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:
The IEPA anticipates submitting its proposal in Spring or Summer of
2002, 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:
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
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
600 S. Second St., Suite 402
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JANUARY 2002 REGULATORY AGENDA
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