POLLUTION CONTROL BOARD

 

JULY 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 amend Part 2175 to reflect the

changes of address and telephone number. In addition, further review of

Part 2175 could indicate more amendments to this Part.

 

B) Statutory authority:

 

Implementing and authorized by Section 1-15 of the Administrative

Procedure Act [5 ILCS 100/5-15] and Section 4 of the Freedom of

Information Act [5 ILCS 140/4].

 

C)

Scheduled meeting/hearing dates:

 

Public hearings are not required to amend 2 Ill. Adm. Code 2175.

However, the Board would conduct such hearings if the level of public

interest indicates that public hearings are desirable.

 

D)

Date agency anticipates First Notice:

 

The Board anticipates First Notice publication of the proposed rules in the

Illinois Register

in the Summer or Fall of 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

to inspect and copy Board records. Proceedings before the Board include

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JULY 2002 REGULATORY AGENDA

 

 

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(s) (Heading and Code Citation):

 

EMISSIONS REDUCTION MARKET SYSTEM (35 Ill. Adm. Code 205)

 

1) Rulemaking: R02-22

 

A) Description:

 

The proposed rule would modify the applicability provisions and clarify

other related provisions.

 

B) Statutory Authority:

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

 

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 Summer or Fall 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

Sections 27 and 28 of the Environmental Protection Act [415 ILCS 5/27 &

28].

 

D)

Date agency anticipates First Notice: .

 

An IEPA submittal of a proposal to the Board would commence this

proceeding, and the IEPA has stated that it expects to file a proposal in the

Summer or Fall of 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

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

Springfield, Illinois 62704

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

 

G)

Related Rulemaking and other pertinent information:

 

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

 

 

 

c)

Parts (Headings and Code Citations):

 

DEFINITIONS AND GENERAL PROVISIONS (35 Ill. Adm. Code 211)

ORGANIC MATERIAL EMISSION STANDARDS AND LIMITATIONS FOR THE

CHICAGO AREA (35 Ill. Adm. Code 218)

ORGANIC MATERIAL EMISSION STANDARDS AND LIMITATIONS FOR THE

METRO EAST AREA (35 Ill. Adm. Code 219)

 

1) Rulemaking: No docket presently reserved.

 

A) Description:

 

The IEPA is currently developing amendments for proposal to the Board

to accomplish several goals in a single cleanup rulemaking. This includes

the following amendments to the Illinois ozone rules: (1) the rulemaking

may amend existing air pollution control rules for lithographic printing

operations to clean up the existing language to make Parts 218 and 219

consistent with revisions to 35 Ill. Adm. Code Part 211 (Definitions) and

with recent revisions to these rules; (2) the rulemaking may include

amendments to existing rules for volatile organic liquid storage tanks; (3)

the rulemaking may include a rule to amend existing rules for

perchlorethylene dry cleaners, since perchloroethylene was delisted as a

volatile organic material by the United States Environmental Protection

Agency (USEPA); (4) the rulemaking may amend existing rules for

capture efficiency testing in order to make state rules consistent with

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

USEPA's final rule on the revised capture efficiency test methods; (5) the

rulemaking may correct minor or nonsubstantive errors amending rules for

incorporations by reference, batch operations, and afterburner operation,

air oxidation reactors and vapor collection and control systems; and (6) the

rulemaking may also amend Part 211 to conform any possible conflicting

provisions with the changes made to 35 Ill. Adm. Code 218 and 219.

 

B) Statutory authority:

 

Implementing and authorized by Sections 9.8, 27, 28.2, and 28.5 of the

Environmental Protection Act [415 ILCS 5/9.8, 27, 28.2 & 28.5].

 

C)

Scheduled meeting/hearing dates:

 

The IEPA has stated that it anticipates submitting its rulemaking proposal

to the Board in the Summer or Fall 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

Summer or Fall 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:

 

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POLLUTION CONTROL BOARD

 

JULY 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:

 

Board docket R03-03 (see item (d) below) could affect the text of Part

211. No other presently-known prospective proceeding would potentially

impact the general provisions of Part 218 or Part 219.

 

For information regarding the IEPA’s development of this proposal, please

contact the following IEPA attorney:

 

Name: Rachel Doctors

Address: Illinois Environmental Protection Agency

Division of Legal Counsel

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

Telephone: 217-782-5544

 

d)

Part (Heading and Code Citation):

 

DEFINITIONS AND GENERAL PROVISIONS (35 Ill. Adm. Code 211)

 

1) Rulemaking: Docket number R03-3

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

 

A) Description:

 

Section 9.1(e) of the Environmental Protection Act [415 ILCS 5/9.1(e)]

mandates that the Board update the Illinois definition of volatile organic

material (VOM) to reflect the additions made by the United States

Environmental Protection Agency (USEPA) to the list of compounds

exempt from regulation as ozone precursors. Those compounds are

determined by USEPA to be exempt from regulation under the state

implementation plan (SIP) for ozone in the federal “Recommended Policy

on the Control of Volatile Organic Compounds” (Recommended Policy)

due to their negligible photochemical reactivity. On February 3, 1992 (57

Fed. Reg. 3945), USEPA codified its definition of VOM at 40 CFR

51.100(s), which now embodies the former Recommended Policy. This

codified definition now includes all the compounds and classes of

compounds previously exempted in the former Recommended Policy.

The Illinois definition of VOM is presently codified at 35 Ill. Adm. Code

211.7150.

 

The Board has reserved docket number R03-3 to accommodate any

amendments to the 40 CFR 51.100(s) definition of VOM that USEPA may

make in the period January 1, 2002 through June 30, 2002. At this time,

the Board is not aware of any federal amendments to the federal definition

of VOM. The Board will verify the existence of any federal actions and

the Board action required in response to each in coming weeks, by about

mid-August 2002. The Board will then propose corresponding

amendments to the Illinois definition of VOM using the identical-in-

substance procedure or dismiss docket R03-3, 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 January 1, 2002, the due date for Board

adoption would be January 1, 2003.

 

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].

 

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

C)

Scheduled meeting/hearing dates:

 

None scheduled at this time. The Board will vote to propose any

amendments at an open meeting in accordance with requirements

established by Sections 27 and 28 of the Act [415 ILCS 5/27 & 28]. The

Board will then schedule and conduct at least one public hearing, as

required by Section 118 of the federal Clean Air Act (42 USC § 7418) for

amendment of the Illinois ozone SIP.

 

D)

Date agency anticipates First Notice:

 

The Board cannot project an exact date for publication at this time. The

Board expects to verify any federal actions by mid-August 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 January 1, 2003, 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-October 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 R03-3, as follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

 

Address questions concerning this regulatory agenda, noting docket

number R03-3, as follows:

 

Name: Michael J. McCambridge, Attorney

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Telephone: 312-814-6924

Internet: mccambm@ipcb.state.il.us

 

G)

Related rulemakings and other pertinent information:

 

Other prospective proceedings (see item (c) 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)

Part(s) Heading(s) and Code Citation(s):

 

NITROGEN OXIDES EMISSIONS (35 Ill. Adm. Code 217)

 

1) Rulemaking: No docket presently reserved.

 

A) Description:

 

On October 27, 1998, USEPA issued a NOx SIP Call requiring Illinois

and numerous other states to adopt certain regulations for the control of

nitrogen oxide (NOx ) emissions that contribute to non-attainment or

interfere with maintenance of the ozone air quality standard in other states

pursuant to Section 110(a)(2)(D) of the CAA. Illinois is required to adopt

NOx emission controls for four categories of industrial sources. The

Board has already adopted rules that control NOx emissions from boilers

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

and turbines serving electric generator units greater than 25 megawatts;

boilers and turbines with heat input greater than 250 mmBtu/hr; and large

cement kilns with ozone season emissions greater than one ton. The

fourth category, large internal combustion engines, is the subject of this

notice. The U.S. Court of Appeals remanded this category to USEPA for

further consideration. Once USEPA promulgates a final rule for large

internal combustion engines, the Agency will have to proceed promptly

with this rulemaking. The Agency may also revise Sections in 35 Ill.

Adm. Code 201 concerning continuous emissions monitoring.

 

B) Statutory Authority:

 

Implementing Section 10 and authorized by Sections 27 and 28.5 of the

Act [415 ILCS 5/10, 27 and 28.5].

 

C)

Scheduled 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 Fall 2002 or early Winter 2003 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 proposed amendments would affect small businesses, small

municipalities, or not-for-profit corporations to the extent that they own or

operate a large internal combustion engine source that emits NOx.

 

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

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POLLUTION CONTROL BOARD

 

JULY 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:

 

No other presently-known proceedings would potentially impact the

general provisions of Part 217.

 

For information regarding the IEPA’s development of this proposal, please

contact the following IEPA representative:

 

Rachel L. Doctors

Illinois Environmental Protection Agency

1021 North Grand Avenue East, P.O. Box 19276

Springfield, Illinois 62794-9276

(217) 524-3337

epa8856@epa.state.il.us

 

 

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.

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

 

B) Statutory Authority:

 

Implementing Sections 10, 39 and 39.5 of the Illinois Environmental

Protection Act [415 ILCS 5/10, 39 and 39.5] and authorized by Section 27

of the Environmental Protection Act [415 ILCS 5/27].

 

C)

Scheduled meeting/hearing dates:

 

No meetings or hearings are scheduled at this time. Once the proposal is

filed, the Board will conduct hearings as required by Sections 27 and 28 of

the Act [415 ILCS 5/27 & 28].

 

D)

Date Agency Anticipates First Notice:

 

A Fall 2002 or early Winter 2003 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

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

G)

Related rulemakings and other pertinent information:

 

No other presently-known proceedings would potentially impact the

general provisions of Part 230.

 

For information regarding the IEPA’s development of this proposal, please

contact the following IEPA representative:

 

Name: Rachel L. Doctors

Address: Illinois Environmental Protection Agency

1021 North Grand Avenue East, P.O. Box 19276

Springfield, Illinois 62794-9276

Telephone: (217) 524-3337

Internet: epa8856@epa.state.il.us

 

 

g)

Part (Heading and Code Citation):

 

TOXIC AIR CONTAMINANTS (35 Ill. Adm. Code 232)

 

1) Rulemaking: No docket presently reserved.

 

A) Description:

 

The Illinois Environmental Protection Agency (IEPA) is currently

preparing a rulemaking proposal for filing before the Board that would

incorporate requirements for lead-based paint removal into the Illinois air

pollution control regulations.

 

B) Statutory authority:

 

Implementing and authorized by Sections 9.5, 10 and 27 of the

Environmental Protection Act [415 ILCS 5/9.5, 10 & 27].

 

C)

Scheduled meetings/hearing dates:

 

The IEPA has stated that it anticipates filing a rulemaking proposal with

the Board in the Fall or early Winter of 2002. No meetings or hearings are

scheduled at this time. Once the proposal is filed, the Board will hold

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

hearings in accordance with the requirements established by Sections 27

and 28 of the Environmental Protection Act [415 ILCS 5/27 & 28].

 

D)

Date agency anticipates First Notice:

 

An IEPA submittal of a proposal to the Board would commence this

proceeding, and the IEPA has stated that it expects to file a proposal in the

Fall or early Winter 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:

 

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:

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

 

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):

 

WATER QUALITY STANDARDS (35 Ill. Adm. Code 302)

 

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 the

water quality standards for several pollutants including total dissolved

solids, sulfate, chloride and radium. These amendments revise and add

numeric water quality standards for the protection of aquatic organisms

and human health applicable. 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:

 

The IEPA has stated that it anticipates filing a rulemaking proposal with

the Board in the Winter 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].

 

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D)

Date agency anticipates First Notice:

 

An IEPA submittal of a proposal to the Board would commence this

proceeding, and the IEPA has stated that it expects to file a proposal in the

Winter 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 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:

 

For information regarding the Illinois EPA’s development of this proposal,

please contact:

 

Toby Frevert

Bureau of Water

Illinois Environmental Protection Agency

1021 North Grand Ave. East

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

P.O. Box 19276

Springfield, Il. 62794-9276

217-782-1654

 

i)

Part (Heading and Code Citation):

 

WATER USE DESIGNATIONS AND SITE SPECIFIC WATER QUALITY

STANDARDS (35 Ill. Adm. Code 303)

 

1) Rulemaking: No docket presently reserved.

 

A) Description:

 

35 Ill. Adm. Code 303 contains the Board’s water use designations for all

bodies of water in the State of Illinois with use designations other than

general use. The IEPA has established a workgroup to conduct a Use

Attainability Analysis, pursuant to 40 C.F.R. §131.10, of the portions of

the lower Des Plaines River that are currently classified as secondary

contact and indigenous aquatic life waters pursuant to 35 Ill. Adm. Code

303.441. In addition, the IEPA is preparing a rulemaking proposal for

filing before the Board will recommend updating and/or upgrading the use

designation of the lower Des Plaines River from its confluence with the

Sanitary and Ship Canal to the Interstate 55 bridge.

 

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 has stated that it anticipates filing a rulemaking proposal with

the Board in the Winter 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

Winter of 2002. After the filing of a proposal by the IEPA, the Board will

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JULY 2002 REGULATORY AGENDA

 

 

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 discharges into the lower 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

Address: Pollution Control Board

600 S. Second St., Suite 402

Springfield, Illinois 62704

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

G)

Related rulemaking and other pertinent information:

 

For information regarding the Illinois EPA’s development of this proposal,

please contact:

 

Toby Frevert

Bureau of Water

Illinois Environmental Protection Agency

1021 North Grand Ave. East

P.O. Box 19276

Springfield, Il. 62794-9276

217-782-1654

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

 

 

j)

Parts (Headings and Code Citations):

 

SEWER DISCHARGE CRITERIA (35 Ill. Adm. Code 307)

PRETREATMENT PROGRAMS (35 Ill. Adm. Code 310)

 

1) Rulemaking: Docket number R03-2

 

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 R03-2 to accommodate any

amendments to the federal wastewater pretreatment rules, 40 CFR 400

through 499, that the USEPA may have made in the period January 1,

2002 through June 30, 2002. At this time, the Board is aware that USEPA

undertook one action that affected the text of 40 CFR 400 through 499 and

its implementation. This 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 R03-2 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-August 2002. The Board will propose

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

corresponding amendments to the wastewater pretreatment regulations

using the identical-in-substance procedure.

 

Section 9.1(e) of the Act mandates that the Board complete amendments

within one year of the date on which USEPA adopted its action upon

which the amendments are based. Assuming for the purposes of

illustration that the earliest USEPA action during the update period that

will require Board action is January 1, 2002, the due date for Board

adoption of all amendments in the period would be January 1, 2003.

 

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 scheduled at this time. The Board will vote to propose any

amendments at an open meeting in accordance with requirements

established by Sections 27 and 28 of the Act [415 ILCS 5/27 & 28]. No

hearing is required in identical-in-substance proceedings.

 

D)

Date agency anticipates First Notice:

 

The Board cannot project an exact date for publication at this time. The

Board expects to verify any federal actions by mid-August 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 January 1, 2003, the Board

will vote to propose amendments and cause a Notice of Proposed

Amendments to appear in the

Illinois Register

by early-October 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.

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

 

F)

Agency contact person for information:

 

Address written comments concerning the substance of the rulemaking,

noting docket number R03-2, as follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda, noting docket

number R03-2, as follows:

 

Name: Michael J. McCambridge, Attorney

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Telephone: 312-814-6924

Internet: mccambm@ipcb.state.il.us

 

G)

Related rulemakings and other pertinent information:

 

No other presently-known proceeding would 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.

 

 

k)

Part (Heading and Code Citation):

 

STANDARDS FOR SLUDGE MANAGEMENT (35 Ill. Adm. Code 313)

 

1) Rulemaking: No docket presently reserved

 

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

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 Summer or Fall 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 Summer or Fall 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:

 

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

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda as follows:

 

Name: Erin Conley, Rules Coordinator

Address: Pollution Control Board

600 S. Second St., Suite 402

Springfield, Illinois 62704

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

G)

Related rulemakings and other pertinent information:

 

No other presently known Board proceedings would potentially impact the

general provisions of Part 313.

 

The IEPA anticipates proposing amendments to its rules entitled “Design

Criteria for Sludge Application on Land,” 35 Ill. Adm. Code 391, which

involve a related subject matter.

 

For information regarding the IEPA’s development of this proposal, please

contact the following IEPA attorney:

 

Name: Lisa Moreno

Address: Illinois Environmental Protection Agency

Division of Legal Counsel

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

 

Interested persons may also contact the following IEPA representative

about its prospective rulemaking proposal:

 

Name: Alan Keller, P.E.

Manager, Northern Municipal Unit

Address: Illinois Environmental Protection Agency

Division of Water Pollution Control

Bureau of Water

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

Telephone: 217-782-0810

 

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

l)

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:

 

No meetings or hearings are scheduled at this time. However, the Board

will conduct public hearings in accordance with the requirements

established by Sections 27 and 28 of the Environmental Protection Act

[415 ILCS 5/27 & 28].

 

D)

Date agency anticipates First Notice:

 

Any action on this docket will occur in the Summer or Fall of 2002.

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

 

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.

 

 

m)

Part(s) (Heading and Code Citation):

 

PERMITS (35 Ill. Adm. Code 602)

 

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POLLUTION CONTROL BOARD

 

JULY 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 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 Summer

or Fall 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.

 

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

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POLLUTION CONTROL BOARD

 

JULY 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

 

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

 

n)

Part (Heading and Code Citation):

 

PRIMARY DRINKING WATER STANDARDS (35 Ill. Adm. Code 611)

 

1) Rulemaking: Docket number R03-4

 

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.

 

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

The Board has reserved docket number R03-4 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 January 1, 2002 through June 30, 2002.

At this time, the Board is aware that USEPA undertook a single action that

affected the text of 40 CFR 141 through 143 in a way that will likely

require amendment of the Illinois drinking water regulations. This action

is described as follows:

 

67 Fed. Reg. 1812

(January 14, 2002)

USEPA adopted the Long Term 1 Enhanced

Surface Water Rule, to improve control of the

risks posed by microbial pathogens and balance

the risks of disinfection byproducts. The

LT1ESWR applies to systems using surface water

or groundwater under the direct influence of

surface water that serve fewer than 10,000

persons. The LT1ESWR complements the earlier

Interim Enhanced Surface Water Treatment Rule

(IESWR) that applies to larger systems.

 

The Board will verify the existence of any additional federal actions and

the Board action required in response to each set of federal amendments in

coming weeks, by about mid-August 2002. The Board will then propose

corresponding amendments to the Illinois SDWA regulations using the

identical-in-substance procedure under docket R03-4, as necessary and

appropriate.

 

Section 17.5 mandates that the Board complete its amendments within one

year of the date on which the United States Environmental Protection

Agency (USEPA) adopted its action upon which the amendments are

based. Assuming for the purposes of illustration that USEPA adopted an

amendment that will require Board action on the first action in the update

period, that of January 14, 2002, the due date for Board adoption would be

January 14, 2003.

 

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].

 

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

C)

Scheduled meeting/hearing dates:

 

None scheduled at this time. The Board will vote to propose any

amendments at an open meeting in accordance with requirements

established by Sections 27 and 28 of the Act [415 ILCS 5/27 & 28]. No

hearing is required in identical-in-substance proceedings.

 

D)

Date agency anticipates First Notice:

 

The Board cannot project an exact date for publication at this time. The

Board expects to verify any federal actions by mid-August 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 January 14, 2003, the Board

will vote to propose amendments and cause a Notice of Proposed

Amendments to appear in the

Illinois Register

by early October 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 R03-4, as follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda, noting docket

number R03-4, as follows:

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

 

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 (o) 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.

 

 

o)

Parts (Headings and Code Citations):

 

LABORATORY ACCREDITATION RULES (35 Ill. Adm. Code 611)

 

1) Rulemaking: No docket presently reserved.

 

A) Description:

 

The IEPA proposal will seek to amend the public water supplies rules

found in 35 Ill. Adm. Code 611 to cross reference the IEPA’s own

laboratory accreditation rules found at 35 Ill. Adm. Code 186. These

prospective amendments to Sections 611.359, 611.611, 611.646, and

611.648 would cross-reference the Illinois Environmental Protection

Agency's (IEPA’s) laboratory accreditation rules at 35 Ill. Adm. Code 186.

Currently, the existing text of Part 611 references 35 Ill. Adm. Code 183,

which are joint rules of the IEPA, the Illinois Department of Public

Health, and the Illinois Department of Nuclear Safety. A repeal of Part

183 has been completed.

 

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

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 Summer

or Fall 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.

 

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

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POLLUTION CONTROL BOARD

 

JULY 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

 

G) Other pertinent information concerning these amendments:

 

Another prospective proceeding (see item (n) 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

 

p)

Part(s) (Heading and Code Citation):

 

MAXIMUM SETBACK ZONES (35 Ill. Adm. Code 618)

 

1) Rulemaking: No docket presently reserved.

 

A) Description:

 

The Illinois Environmental Protection Agency (IEPA) is preparing a

rulemaking proposal for filing before the Board that would establish

general provisions for maximum setback zone regulations. This new Part

would, in subpart B, prescribe maximum setback zone prohibitions and the

applicable technology control regulations that apply under existing

regulations for new and existing potential primary sources of groundwater

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

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 Summer

or Fall 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:

 

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.

 

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POLLUTION CONTROL BOARD

 

JULY 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 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

 

q)

Part(s) (Heading and Code Citation):

 

DISTRIBUTION SYSTEM STANDARDS (35 Ill. Adm. Code Subpart F)

 

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POLLUTION CONTROL BOARD

 

JULY 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 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 Summer or Fall 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.

 

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.

 

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POLLUTION CONTROL BOARD

 

JULY 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 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

 

r)

Part(s) (Heading and Code Citation):

 

PRIMARY DRINKING WATER STANDARDS (35 Ill. Adm. Code Subtitle F)

 

1) Rulemaking: No docket presently reserved.

 

B) 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 (Subtitle F) for public water supplies using

point of entry/point of use devices to comply with radionuclide standards.

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

 

B) Statutory Authority:

 

Implementing Sections 15 and 18 and authorized by Section 27 of the

Illinois Environmental Protection Act [415 ILCS 5/15, 18 & 27].

 

C)

Scheduled meeting/hearing dates:

 

When the proposal is submitted before the Board, the Board will conduct

public hearings on the proposal pursuant to Sections 27 and 28 of the

Environmental Protection Act [415 ILCS 5/ 27 & 28].

 

D)

Date agency anticipates First Notice:

 

The IEPA anticipates that proposed amendments to Subtitle F will be

submitted to the Board by December 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.

 

F) 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

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POLLUTION CONTROL BOARD

 

JULY 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 this proposal.

 

Interested persons may contact the IEPA about its prospective rulemaking

proposal as follows:

 

Name: Vera Herst,

Assistant Counsel

Division of Legal Counsel

Illinois Environmental Protection Agency

Address: 1021 North Grand Ave., East

Springfield, IL 62702

 

 

 

s) Parts (Headings and Code Citations):

 

RCRA AND UIC PERMIT PROGRAMS (35 Ill. Adm. Code 702)

UIC PERMIT PROGRAM (35 Ill. Adm. Code 704)

PROCEDURES FOR PERMIT ISSUANCE (35 Ill. Adm. Code 705)

HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL (35 Ill. Adm. Code

720)

UNDERGROUND INJECTION CONTROL OPERATING REQUIREMENTS (35 Ill.

Adm. Code 730)

HAZARDOUS WASTE INJECTION RESTRICTIONS (35 Ill. Adm. Code 738)

 

1) Rulemaking: Presently reserved docket number R03-5

 

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 R03-5 to accommodate any

amendments to the federal UIC regulations, 40 CFR 144 through 148,

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

during the period January 1, 2002 through June 30, 2002. At this time, the

Board is not aware of any federal amendments to the federal UIC

regulations. The Board will verify the existence of any federal actions and

the Board action required in response to each in coming weeks, by about

mid-August 2002. The Board will then propose corresponding

amendments to the Illinois UIC regulations using the identical-in-

substance procedure or dismiss docket R03-5, 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

amendments are based. Assuming for the purposes of illustration that the

earliest USEPA action during the update period that will require Board

action is the first day of the update period, on January 1, 2002, the due

date for Board adoption of all amendments in the period would be January

1, 2003.

 

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. The Board will vote to propose any

amendments at an open meeting in accordance with requirements

established by Sections 27 and 28 of the Act [415 ILCS 5/27 & 28]. No

hearing is required in identical-in-substance proceedings.

 

D)

Date agency anticipates First Notice:

 

The Board cannot project an exact date for publication at this time. The

Board expects to verify any federal actions by mid-August 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 January 1, 2003, the Board will vote to propose

amendments and cause a Notice of Proposed Amendments to appear in the

Illinois Register

by early-October 2001. This would be sufficiently in

advance of the due date to allow the Board to accept public comments on

the proposal for 45 days before acting to adopt any amendments.

 

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POLLUTION CONTROL BOARD

 

JULY 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 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 R03-5, as follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda, noting docket

number R03-5, as follows:

 

Name: Michael J. McCambridge, Attorney

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Telephone: 312-814-6924

Internet: mccambm@ipcb.state.il.us

 

G)

Related rulemakings and other pertinent information:

 

The reserved RCRA Subtitle C update docket R03-7 (see item (t) below),

and other unrelated Board proceedings (see item u below) may affect the

text of some of the Parts included in this docket.

 

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.

 

 

---

 

POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

 

 

t) Parts (Headings and Code Citations):

 

RCRA AND UIC PERMIT PROGRAMS (35 Ill. Adm. Code 702)

RCRA PERMIT PROGRAM (35 Ill. Adm. Code 703)

PROCEDURES FOR PERMIT ISSUANCE (35 Ill. Adm. Code 705)

HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL (35 Ill. Adm. Code

720)

IDENTIFICATION AND LISTING OF HAZARDOUS WASTE (35 Ill. Adm. Code

721)

STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE (35 Ill.

Adm. Code 722)

STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE (35

Ill. Adm. Code 723)

STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE

TREATMENT, STORAGE, AND DISPOSAL FACILITIES (35 Ill. Adm. Code 724)

INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF

HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

(35 Ill. Adm. Code 725)

STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTE

AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES

(35 Ill. Adm. Code 726)

LAND DISPOSAL RESTRICTIONS (35 Ill. Adm. Code 728)

STANDARDS FOR UNIVERSAL WASTE MANAGEMENT (35 Ill. Adm. Code 733)

STANDARDS FOR THE MANAGEMENT OF USED OIL (35 Ill. Adm. Code 739)

 

1) Rulemaking: Docket number R03-7

 

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 R03-7 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 January 1,

2002 through June 30, 2002. At this time, the Board is aware of seven

federal actions that occurred in this time-frame. Those actions are

described as follows:

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

 

67 Fed. Reg. 2962

(January 22, 2002)

USEPA amended the corrective action

management unit (CAMU) rule to facilitate and

remove disincentives to corrective action at

RCRA facilities.

67 Fed. Reg. 6792

(February 13, 2002)

USEPA established interim emission standards

for hazardous waste combustors in response to

the judicial order in the case

Cement Kiln

Recycling Coalition v. EPA

, 255 F.3d 855 (D.C.

Cir. 2001). That case vacated segments of the

September 30, 1999 hazardous waste combustor

rule. The court ordered that USEPA issue final

emission standards by June 14, 2005 and interim

standards by February 14, 2002.

67 Fed. Reg. 6968

(February 14, 2002)

USEPA amended the provisions of the September

30, 1999 hazardous waste combustor rule to

facilitate implementation of the rule. These are

companion amendments to those of February 13,

2002, but they do not affect substantive emissions

standards.

67 Fed. Reg. 11251

(March 13, 2002)

USEPA amended its Phase IV land disposal

restriction (LDR) rule in response to the judicial

vacatur in the case

Association of Battery

Recyclers v. EPA

, 208 F.3d 1047 (D.C. Cir.

2000). The amendments related to two aspects of

the Phase IV LDR rule vacated by the court.

First, USEPA deleted language that classified

mineral processing characteristic sludges and

byproducts being reclaimed as solid waste.

Second, USEPA included language that renders

the toxicity characteristic leaching procedure

(TCLP) test inapplicable to manufactured gas

plant (MGP) waste.

67 Fed. Reg. 16262

(April 4, 2002)

USEPA determined not to list certain paint

production wastes as hazardous and impose land

disposal restrictions on them.

67 Fed. Reg. 17119

(April 9, 2002)

USEPA corrected a segment of its November 20,

2001 inorganic production waste rule.

67 Fed. Reg. 30811

(May 8, 2002)

USEPA corrected segments of the consolidated

permit rules of 40 C.F.R. 124 as they appeared in

the 2001 edition of the

Code of Federal

Regulations

, including a segment relating to

RCRA permits.

---

 

POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

 

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 has not yet fully verified

whether Board action to amend the Illinois RCRA Subtitle C hazardous

waste regulations will be required by each of the listed federal actions.

The Board has already taken action relating to the federal amendments of

January 22, March 13, and April 9, 2002, and it presently appears that no

further Board action will be required by these three sets of federal

amendments. Further, the federal action of April 4, 2002 is a USEPA

determination not to amend its hazardous waste regulations, so no

corresponding Board will be necessary on that basis.

 

The Board will verify the existence of any additional federal actions and

the Board action required in response to each set of federal amendments in

coming weeks, by about mid-August 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 February

13, 2002, the due date for Board adoption of all amendments in the period

would be February 13, 2003.

 

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. The Board will vote to propose any

amendments at an open meeting in accordance with requirements

established by Sections 27 and 28 of the Act [415 ILCS 5/27 & 28]. No

hearing is required in identical-in-substance proceedings.

 

D) Date agency anticipates First Notice:

 

The Board cannot project an exact date for publication at this time. The

Board expects to verify any federal actions by mid-August 2002, after

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

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 February 13,

2003, the Board will vote to propose amendments and cause a Notice of

Proposed Amendments to appear in the

Illinois Register

by early-October

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 R03-7, as follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda, noting docket

number R03-7, as follows:

 

Name: Michael J. McCambridge, Attorney

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Telephone: 312-814-6924

Internet: mccambm@ipcb.state.il.us

 

G) Related rulemakings and other pertinent information:

 

The reserved UIC update docket R02-5 (see item (s) above), and other

unrelated Board proceedings (see item u below) may affect the text of

some of the Parts included in this docket.

 

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

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.

 

 

 

u)

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 (35 Ill. Adm. Code Part 811); OPERATION OF THE

HAZARDOUS WASTE FEE SYSTEM (35 Ill. Adm. Code Part 855).

 

1)

Rulemaking: No docket presently reserved.

 

A) Description:

  

 

The IEPA plans to repeal certain provisions requiring the submission of

copies of manifests to the Agency.

  

B) Statutory authority:

 

Regarding Parts 722, 724 and 725, Sections 22.4 and 27 of the Act [415

ILCS 5/22.4 and 27]. Regarding Part 809, Sections 5, 10, 13, 21, 22,

22.01, 22.2 and 27 of the Act [415 ILCS 5/5, 10, 13, 21, 22, 22.01, 22.2

and 27]. Regarding Part 811, Sections 5, 21, 21.1, 22, 22.17, 28.1 and 27

of the Act [415 ILCS 5/5, 21, 21.1, 22, 22.17, 28.1 and 27]. Regarding

Part 855, Sections 22.2(c) and 27 of the Act [415 ILCS 5/22.2(c) and 27].

 

C)

Scheduled meeting/hearing dates:

 

The IEPA anticipates it will file a rulemaking proposal in Summer or Fall

of 2002. No meetings or hearings are scheduled at this time. Once the

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

proposal is filed the Board will conduct public hearings in accordance

with Sections 27 and 28 of the Act [415 ILCS 5/27, 5/28].

 

D)

Date Agency anticipates First Notice, if known:

 

The IEPA anticipates submitting its proposal in Summer or Fall of 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

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

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

217-782-5544

 

G)

Related rulemakings and other pertinent information:

See related rulemakings in the Board identical-in-substance rulemakings

(items (s) and (t) above ).

 

v)

Part (Heading and Code Citation):

 

UNDERGROUND STORAGE TANKS (35 Ill. Adm. Code 731)

 

1) Rulemaking: Docket number R03-1

 

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 R03-1 to accommodate any

amendments to 40 CFR 281 through 283 that USEPA may make in the

period January 1, 2002 through June 30, 2002. At this time, the Board is

not aware of any federal amendments. The Board will verify the existence

of any federal actions and the Board action required in response to each in

coming weeks, by about mid-August 2002. The Board will then propose

corresponding amendments to the Illinois UST regulations using the

identical-in-substance procedure or dismiss docket R03-1, as necessary

and appropriate.

 

Section 22.4(d) mandates that the Board complete our amendments within

one year of the date on which USEPA adopted its action upon which our

amendments are based. Assuming for the purposes of illustration that

USEPA adopted an amendment that will require Board action on the first

day of the update period, on January 1, 2002, the due date for Board

adoption would be January 1, 2003.

 

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

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 in accordance with requirements

established by Sections 27 and 28 of the Act [415 ILCS 5/27 & 28]. No

hearing is required in identical-in-substance proceedings.

 

D)

Date agency anticipates First Notice:

 

The Board cannot project an exact date for publication at this time. The

Board expects to verify any federal actions by mid-August 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 January 1, 2003, 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-October

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 regulations is needed, the Board would promptly dismiss this

reserved docket.

 

E)

Effect on small business, small municipalities, or not-for-profit

corporations:

 

This rulemaking may affect any small business, small municipality, or not-

for-profit corporation that owns or operations USTs.

 

F)

Agency contact person for information:

 

Address written comments concerning the substance of the rulemaking,

noting docket number R03-1, as follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

 

Address questions concerning this regulatory agenda, noting docket

number R03-1, as follows:

 

Name: Michael J. McCambridge, Attorney

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Telephone: 312-814-6924

Internet: mccambm@ipcb.state.il.us

 

G)

Related rulemakings and other pertinent information:

 

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.

 

 

w)

Part(s) (Headings and Code Citation):

 

PETROLEUM UNDERGROUND STORAGE TANKS (35 Ill. Adm. Code Part 732)

 

1) Rulemaking: No docket presently reserved.

 

A)

Description:

 

35 Ill. Adm. Code Part 732, which was adopted pursuant to Title XVI of

the Environmental Protection Act [415 ILCS 5], contains the rules

governing the remediation of leaking underground storage tanks. Title

XVI is being amended by legislation passed this year (see P.A. 92-0554).

Amendments conforming the Board’s rules to the amended Title XVI will

be proposed.

 

B)

Statutory Authority:

 

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POLLUTION CONTROL BOARD

 

JULY 2002 REGULATORY AGENDA

 

 

Implementing Sections 22.12 and 57-57.17 and authorized by Section

57.14 of the Environmental Protection Act [415 ILCS 5/22.12 and 5/57-

57.17].

 

C)

Scheduled Meeting/Hearing Dates:

 

The IEPA anticipates it will file a rulemaking proposal in Fall or early

Winter 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 Fall or early Winter 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 amendments may affect any small business, small municipality or

not-for-profit corporation subject to the Board’s leaking underground

storage tank rules..

 

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

 

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