ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

a) Parts (Headings and Code Citations):

 

ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS (2

Ill. Adm. Code 2175)

 

1) Rulemaking: R04-09

 

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 Spring or Summer of 2004.

 

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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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 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

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

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) Parts (Headings and Code Citations):

 

GENERAL RULES (35 Ill. Adm. Code 101)

REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS (35 Ill.

Adm. Code 102)

ENFORCEMENT (35 Ill. Adm. Code 103)

REGULATORY RELIEF MECHANISMS (35 Ill. Adm. Code 104)

APPEALS OF FINAL DECISIONS OF STATE AGENCIES (35 Ill. Adm. Code 105)

PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS

(35 Ill. Adm. Code 106)

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

PETITION TO REVIEW POLLUTION CONTROL FACILITY SITING DECISIONS

(35 Ill. Adm. Code 107)

ADMINISTRATIVE CITATIONS (35 Ill. Adm. Code 108)

TAX CERTIFICATIONS (35 Ill. Adm. Code 125)

IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-

DISCLOSABLE INFORMATION (35 Ill. Adm. Code 130)

 

1) Rulemaking: R04-08

 

A) Description:

 

The Board is preparing a rulemaking to amend its procedural regulations

to allow for electronic filings in all Board proceedings through the Board’s

new “Clerk’s Office On-Line” (COOL), and to reflect recent statutory

changes to the Environmental Protection Act (415 ILCS 5).

 

The statutory changes were primarily contained in P.A. 93-152 and

include (1) having the Illinois Environmental Protection Agency, rather

than the Board, issue provisional variances, (2) allowing the Board to

adopt settlements in citizen enforcement actions without a public hearing,

and (3) a new rulemaking procedure for updating incorporations by

reference.

 

B) Statutory authority:

 

Implementing Sections 5, 7.1, 7.2, 26, 27, 28, 29, 31, 32, 33, 35, 36, 37,

38, 40, 40.1, 40.2, 41, and 58.7 of the Environmental Protection Act (Act)

[415 ILCS 5/5, 7.1, 7.2, 26, 27, 28, 29, 31, 32, 33, 35, 36, 37, 38, 40, 40.1,

40.2, 41, and 58.7] and authorized by Sections 26 and 27 of the Act [415

ILCS 5/26 and 27].

 

C) Scheduled meeting/hearing dates:

 

No hearings are scheduled at this time. However, once a proposal is

prepared, the Board will hold hearings on the proposal as established in

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

 

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 2004.

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

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

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.

 

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

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

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 Parts

101 through 130.

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

 

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,

as part of a general clean-up of Part 218 and Part 219. This involves

modifying and clarifying the Illinois ozone rules pertaining to: (1)

lithographic printing; (2) perchlorethylene dry cleaners; (3)capture

efficiency testing; (4) coating operations; (5) the general provisions

involving “carbon adsorbers”; and (6) motor vehicle refinishing.

Additionally, Appendix B of Parts 218 and 219 will be deleted. Further,

the rulemaking will amend Part 211 as necessary to reflect the changes

made to 35 Ill. Adm. Code Parts 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 Spring or Summer of 2004. 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 2004. After the filing of a proposal by the IEPA, the

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

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

 

Address questions concerning this regulatory agenda as follows:

 

Name: Erin Conley, Rules Coordinator

Address: 1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

G) Related rulemakings and

other pertinent information:

 

Board docket R04-02 (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: Charles Matoesian

Address: Illinois Environmental Protection Agency

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

Division of Legal Counsel

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

 

 

d) Part (Heading and Code Citation):

 

Definitions and General Provisions (35 Ill. Adm. Code 211)

 

1) Rulemaking: Docket number R04-19

 

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 R04-19 to accommodate any

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

make in the period July 1, 2003 through December 31, 2003. 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 2004. The Board will then propose corresponding

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

substance procedure or dismiss docket R04-19, as necessary and

appropriate.

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

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, 2003, the due date for Board adoption

would be July 1, 2004.

 

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 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-February 2004, 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, 2004, 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

April 2004. 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

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

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 R04-19, 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 R04-19, 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 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):

 

AIR CURTAIN INCINERATORS (35 Ill. Adm. Code 211, 212, 230, 237)

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

1) Rulemaking: No docket presently reserved.

 

A) Description:

 

Pursuant to Sections 111(d) and 129 of the Clean Air Act, the US EPA

promulgated emission guidelines for municipal solid waste (MSW) and

commercial and industrial solid waste (CISWI) air curtain incinerators (65

Fed. Reg. 76378 and 65 Fed. Reg. 75337). Illinois is required to adopt a

State plan that includes rules, implementing these emission guidelines.

This rule would apply to CISWI units that commenced construction on or

before November 30, 1999, and units where reconstruction or

modification commenced prior to June 1, 2001, and to MSW units that

commenced construction on or before August 30, 1999, and units where

reconstruction or modification commenced prior to June 6, 2001. The

Agency’s proposal will include requirements for opacity, permitting, and

record keeping and reporting.

 

B) Statutory Authority:

 

Implementing Sections 9, 9.1,10, and 39 of the Illinois Environmental

Protection Act [415 ILCS 5/9, 9.1, 10, and 39] and authorized by Section

27 and 28.5 of the Environmental Protection Act [415 ILCS 5/27 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 28.5

of the Act [415 ILCS 5/27 & 28.5].

 

D) Date Agency Anticipates First Notice:

 

A Spring or Summer of 2004 IEPA submittal to the Board of the proposal

is expected, after which the Board will cause publication of a Notice of

Proposed Amendments in the

Illinois Register

.

 

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

corporations:

 

The prospective amendments would affect small businesses, small

municipalities, or not-for-profit corporations that own or operate Existing

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

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

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

G) Related rulemakings and

other pertinent information:

 

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

Fallfield, Illinois 62794-9276

Telephone: (217) 524-3337

Internet: epa8856@epa.state.il.us

 

 

f) Part (Heading and Code Citation):

 

PORTABLE FUEL CONTAINERS (35 Ill. Adm. Code 211, 218 and 219)

 

1) Rulemaking: No docket presently reserved.

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

A) Description:

 

This rulemaking will address emissions from portable fuel containers.

 

B) Statutory authority:

 

Implementing Sections 9 and 10 of the Environmental Protection Act [415

ILCS 5/9, 10] and authorized by Sections 27 and 28 of the Environmental

Protection Act [415 ILCS 5/27, 28]

 

C) Scheduled meeting /hearing date:

 

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

the Board in the Spring or Summer of 2004. 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 2004. 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 utilizing portable fuel containers.

 

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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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

Address questions concerning this regulatory agenda as follows:

 

Name: Erin Conley

Address: Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

G) Related rulemaking and other pertinent information:

 

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

please contact:

 

Name: Charles Matoesian

Address: Illinois Environmental Protection Agency

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

Springfield, Illinois 62794-9276

Telephone: (217) 782-5544

Internet: epa8855@epa.state.il.us

 

 

g) Part (Heading and Code Citation):

 

Sulfur Limitations (35 Ill. Adm. Code 214)

 

1) Rulemaking: Docket number R04-12

 

A) Description:

 

The Board has reserved docket number R04-12 to propose non-substantive

corrections to Part 214. These include typographical errors to formulas.

(See dismissed docket R04-10, “Clean-Up Amendments to 35 Ill. Adm.

Code 214.”)

 

The Board presently anticipates proposing necessary amendments by the

beginning of Spring 2004.

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

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 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 in each

of Chicago and Springfield, as required by Section 28 of the Act [415

ILCS 5/28] and 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 complete its review of the text of Part 214 by early

March 2004, after which time the Board will propose any non-substantive

amendments to the Illinois sulfur limitations regulations that are

necessary. If the Board is assumed to complete the review of the text of

Part 214 by early March 2004, 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 April 2004.

 

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 is subject to the existing limitations on the

emission of sulfur oxides.

 

F) Agency contact person for information:

 

Address written comments concerning the substance of the rulemaking,

noting docket number R04-12, as follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

 

 

Address questions concerning this regulatory agenda, noting docket

number R04-12, 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:

 

No other presently-known proceeding would affect provisions of Part 214.

 

 

h) Part(s) Heading(s)

and Code Citation(s):

 

COMMERCIAL AND INDUSTRIAL SOLID WASTE INCINERATION UNITS (35 Ill.

Adm. Code 212 & 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 USEPA promulgated emission guidelines for commercial and

industrial solid waste 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 30, 1999, and units where

reconstruction or modification commenced prior to June 1, 2001.

 

B) Statutory Authority:

 

Implementing Sections 10, 39 and 39.5 of the Illinois Environmental

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

27 and 28.5 of the Environmental Protection Act [415 ILCS 5/27 & 28.5].

 

C) Scheduled meeting/hearing dates:

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

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 2004 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

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

G) Related rulemakings and

other pertinent information:

 

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

contact the following IEPA representative:

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

 

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

 

 

i) Part (Heading and Code Citation):

 

AIR QUALITY STANDARDS (35 Ill. Adm. Code 243)

 

1) Rulemaking: No docket presently reserved.

 

A) Description:

 

This rulemaking will make amendments to address the new PM 2.5

standard and incorporate the new 8-hour ozone standard.

 

B) Statutory authority:

 

Implementing Sections 9 and 10 of the Environmental Protection Act

[415 ILCS 5/9, 10] and authorized by Sections 27 and 28 of the

Environmental Protection Act [415 ILCS 5/27, 28]

 

C) Scheduled meeting /hearing date:

 

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

the Board in the Spring or Summer of 2004. 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 2004. After the filing of a proposal by the

IEPA, the Board will cause publication of a Notice of Proposed

Amendments in the

Illinois Register

.

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

E) Effect on small businesses, small municipalities or not-for-

profit corporations:

 

This rule will not directly affect any small business, small

municipality, or not-for-profit corporation.

 

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

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

G) Related rulemaking and other pertinent information:

 

For information regarding the Illinois EPA’s development of this

proposal, please contact:

 

Name: Charles Matoesian

Address: Illinois Environmental Protection Agency

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

Springfield, Illinois 62794-9276

Telephone: (217) 782-5544

Internet: epa8855@epa.state.il.us

 

 

j) Part (Heading and Code Citation):

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

 

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 radium. These amendments revise the General

Use and Lake Michigan Basin radium water quality standards and add a

Public and Food Processing Water Supply standard for radium. The

revised water quality standards will provide for the protection of aquatic

organisms and human health. 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 Spring or Summer of 2004. 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 2004. After the filing of a proposal by the IEPA, the

Board will cause publication of a Notice of Proposed Amendments in the

Illinois Register

.

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

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

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

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

 

 

k) Part (Heading and Code Citation):

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

 

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 total dissolved solids, sulfate and chloride.

These amendments revise and add numeric water quality standards for the

protection of aquatic life. 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 Spring or Summer of 2004. 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 2004. 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:

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

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

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

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

 

 

l) Part (Heading and Code Citation):

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

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 Spring or Summer of 2004. 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 2004. 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:

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

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

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

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

 

 

m) Parts (Headings and Code Citations):

 

Sewer Discharge Criteria (35 Ill. Adm. Code 307)

Pretreatment Programs (35 Ill. Adm. Code 310)

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

1) Rulemaking: Docket number R04-18

 

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 R04-18 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, 2003

through December 31, 2003. At this time, the Board is aware that USEPA

undertook no actions that affected the text of 40 CFR 400 through 499 and

its implementation. However, USEPA twice updated 40 CFR 136, which

is incorporated by reference in the wastewater pretreatment rules. These

actions are described below:

 

July 21, 2003 (68

Fed. Reg. 43272)

USEPA approved new methods for

microbiological analysis of water and wastewater.

September 19, 2003

(68 Fed. Reg. 54934)

USEPA corrected its July 21, 2003 approval of

new methods for microbiological analysis of

water and wastewater.

 

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

may affect the text of 40 CFR 400 through 499 and the Board action

required in response to each set of federal amendments in coming weeks,

by about mid-February 2004. The Board will then propose corresponding

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

substance procedure under docket R04-18, as necessary and appropriate.

 

Section 13.3 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 USEPA adopted an amendment that will require Board

action on the first action in the update period, that of July 21, 2003, the

due date for Board adoption would be July 21, 2004.

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

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-February 2004, 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 July 21, 2004, the Board will

vote to propose amendments and cause a Notice of Proposed Amendments

to appear in the

Illinois Register

by early May 2004. 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 R04-18, as follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda, noting docket

number R04-18, 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 proceeding would affect provisions of Parts 307

and 310.

 

Section 13.3 of the Environmental Protection Act provides that Title VII

of the Act and Section 5 of the Administrative Procedure Act (APA) [5

ILCS 100/5-35, 5-40] shall not apply. Because this rulemaking is not

subject to Section 5 of the APA, it is not subject to First Notice or to

Second Notice review by the Joint Committee on Administrative Rules.

Rather, the Board will cause a Notice of Proposed Amendments to appear

in the

Illinois Register

, and it will accept public comments on the proposal

for 45 days after the date of publication.

 

 

n) Part (Heading and Code Citation):

 

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

 

1) Rulemaking: No docket presently reserved

 

A) Description:

 

The Illinois Environmental Protection Agency (IEPA) is currently

preparing a rulemaking proposal for filing before the Board relating to

land application of sewage sludge. The rules would establish pollutant

limits, pathogen reduction requirements, and vector control measures

applicable to sludge that is applied to land.

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

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 2004. 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 2004. After the filing of a proposal by the

IEPA, the Board will cause a Notice of Proposed Rules to appear in the

Illinois Register

.

 

E) Effect on small businesses, small municipalities or not-for-profit

corporations:

 

This rule may affect any small business, small municipality, or not-for-

profit corporation that generates or uses sewage sludge.

 

F) Agency contact person for information:

 

Address written comments concerning the substance of the rulemaking as

follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda as follows:

 

Name: Erin Conley, Rules Coordinator

Address: Pollution Control Board

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

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

 

 

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

 

Agriculture Related Water Pollution (35 Ill. Adm. Code Subtitle E)

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

 

1) Rulemaking: No docket presently reserved.

 

A) Description:

 

The Illinois Environmental Protection Agency (IEPA) will prepare a

rulemaking proposal for filing before the Board Relating to the new

Concentrate Animal Feeding Operation National Pollutant Discharge

Elimination System (NPDES) regulations that were signed by USEPA on

December 15, 2002. The IEPA anticipates a review of Subtitle E and a

proposal to ensure that it remains consistent with the federal regulations.

 

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 dates:

 

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

the Board in the Spring or Summer of 2004. Once the proposal is filed,

the Board will hold hearings in accordance with the requirements

established by Section 27 and 28 of the Environmental Protection Act [415

ILCS 5/27 & 28]

 

D) Date agency anticipates First Notice:

 

An IEPA submittal of the rulemaking proposal is anticipated by Spring or

Summer of 2004. 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 rule could affect any agri business that meets the federal definition of

a Concentrated Animal Feeding Operation.

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 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

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

G) Related Rulemaking and other pertinent information:

 

Interested persons may contact the IEPA about its prospective rulemaking

proposal as follows:

 

Name: Bruce Yurdin

Address: Illinois Environmental Protection Agency

Division of Water Pollution Control

Bureau of Water

1021 North Grand Avenue East

Post Office Box 19276

Springfield, Illinois 62794-9276

Telephone: 217-782-0610

 

 

 

p) Part (Heading and Code Citation):

 

Primary Drinking Water Standards (35 Ill. Adm. Code 611)

 

1) Rulemaking: Docket number R04-13

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 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 R04-13 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, 2003 through December 31,

2003. At this time, the Board is not aware of any federal amendments to

the federal SDWA primary drinking water 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 2004. The Board will then propose corresponding amendments

to the Illinois SDWA primary drinking water regulations using the

identical-in-substance procedure or dismiss docket R04-13, 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 day of the update

period, on July 1, 2003, the due date for Board adoption would be July 1,

2004.

 

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 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.

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 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 2004, 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 July 1, 2004, 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

April 2004. 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 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 R04-13, 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 R04-13, as follows:

 

Name: Michael J. McCambridge, Attorney

Address: Pollution Control Board

100 West Randolph Street Suite 11-500

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

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 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.

 

 

q) Parts (Headings and Code Citations):

 

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

 

1) Rulemaking: No docket presently reserved.

 

A) Description:

 

The Illinois Environmental Protection Agency's (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 laboratory

accreditation rules at 35 Ill. Adm. Code 186. Currently, the existing text

of Part 611 references 35 Ill. Adm. Code 183, which are joint rules of the

IEPA, the Illinois Department of Public Health, and the Illinois

Department of Nuclear Safety. A repeal of Part 183 has been completed.

 

B) Statutory Authority:

 

Sections 27 and 28 of the Illinois Environmental Protection Act [415 ILCS

5/27 & 28].

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

C) Scheduled meeting/hearing dates:

 

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

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

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

 

D) Date Agency Anticipates First Notice:

 

  

An IEPA submittal of the rulemaking proposal is anticipated by Spring or

Summer of 2004. The Board will conduct proceedings pursuant to

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

28] upon receipt of the proposal and would cause a Notice of Proposed

Amendments to appear in the

Illinois Register

when it decides to propose

amendments for First Notice.

 

E) Affect on small business, small municipalities or not-for-profit

corporations:

 

These amendments may affect small business, small municipalities, and

not-for-profit corporations that own or operate a "public water supply", as

defined by Section 3.28 of the Act, i.e., it has at least fifteen service

connections or regularly serves an average of at least 25 individuals daily

at least 60 days out of the year, or it is assisting a public water supply to

demonstrate compliance with the federally-derived National Primary

Drinking Water Standards of 35 Ill. Adm. Code 611. However, it is

anticipated that the proceeding will not likely have a quantifiable affect on

these entities because the program for national laboratory certification is

voluntary. The burden of compliance with the requirements, such as filing

documentation, reporting or completion of the necessary forms, likely will

not increase.

 

F) Agency contact person for information:

 

Address written comments concerning the substance of the rulemaking as

follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

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JANUARY 2004 REGULATORY AGENDA

 

 

Address questions concerning this regulatory agenda as follows:

 

Name: Erin Conley, Rules Coordinator

Address: Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

G) Other pertinent information concerning these amendments:

 

Another prospective proceeding (see item (p) 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: Jim Shaw

Division of Laboratories

Illinois Environmental Protection Agency

Address: 1021 North Grand Avenue East

P. O. Box 19276

Springfield, IL 62794-9276

Telephone: 217-782-5544

 

 

r) 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 R04-14

 

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

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ILLINOIS REGISTER

 

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JANUARY 2004 REGULATORY AGENDA

 

 

(UIC) regulations to reflect amendments to the United States

Environmental Protection Agency (USEPA) UIC regulations.

 

The Board has reserved docket number R04-14 to accommodate any

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

during the period July 1, 2003 through December 31, 2003. 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-February 2004. The Board will then propose corresponding

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

substance procedure or dismiss docket R04-14, as necessary and

appropriate.

 

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

may affect the text of the federal UIC regulations and the Board action

required in response to each set of federal amendments in coming weeks,

by about mid-February 2004. The Board will then propose corresponding

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

substance procedure under docket R04-14, 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 July 1, 2003, the due date

for Board adoption of all amendments in the period would be July 1, 2004.

 

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.

 

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POLLUTION CONTROL BOARD

 

JANUARY 2004 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 2004, 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 July 1, 2004, the Board will vote to propose amendments

and cause a Notice of Proposed Amendments to appear in the

Illinois

Register

by early April 2004. 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 R04-14, 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 R04-14, 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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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

G) Related rulemakings and

other pertinent information:

 

The reserved RCRA Subtitle C update docket R04-16 (see item (s) 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.

 

 

s) 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 R04-16

 

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

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

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 R04-16 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, 2003

through December 31, 2003. At this time, the Board is aware that USEPA

undertook one action that affected the text of the federal RCRA Subtitle C

hazardous waste regulations. Further, USEPA twice updated 40 CFR 136,

which is incorporated by reference in the Illinois hazardous waste rules.

These actions are described below:

 

July 21, 2003

(68 Fed. Reg. 43272)

USEPA approved new methods for

microbiological analysis of water and wastewater.

July 30, 2003

(68 Fed. Reg. 44659)

USEPA adopted a number of corrective and

clarifying amendments to the used oil

management standards.

September 19, 2003

(68 Fed. Reg. 54934)

USEPA corrected its July 21, 2003 approval of

new methods for microbiological analysis of

water and wastewater.

 

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

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

February 2004. The Board will then propose corresponding amendments

to the Illinois RCRA Subtitle C hazardous waste regulations using the

identical-in-substance procedure or dismiss docket R04-16, as necessary

and appropriate.

 

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 USEPA adopted an

amendment that will require Board action on the first day of the update

period, on July 21, 2003, the due date for Board adoption would be July

21, 2004.

 

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].

 

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POLLUTION CONTROL BOARD

 

JANUARY 2004 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-February 2004, 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 21, 2004, the

Board will vote to propose amendments and cause a Notice of Proposed

Amendments to appear in the

Illinois Register

by early April 2004. 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 R04-16, 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 R04-16, as follows:

 

Name: Michael J. McCambridge, Attorney

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

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 R04-b (see item (r) 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.

 

 

t) Part (Heading and Code Citation):

 

Underground Storage Tanks (35 Ill. Adm. Code 731)

 

1) Rulemaking: Docket number R04-17

 

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 R04-17 to accommodate any

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

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

period July 1, 2003 through December 31, 2003. 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-February 2004. The Board will then propose

corresponding amendments to the Illinois UST regulations using the

identical-in-substance procedure or dismiss docket R04-17, 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, 2003, the due date for Board adoption

would be July 1, 2004.

 

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-February 2004, 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, 2004, 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 April 2004. 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.

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 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 R04-17, 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 R04-17, 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:

 

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.

 

 

u) Part(s) (Headings and Code Citation):

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

 

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

 

1) Rulemaking: No docket presently reserved.

 

A) Description:

 

35 Ill. Adm. Code Part 732 contains the rules governing the remediation of

leaking underground storage tanks. The statutory provisions governing

the leaking underground storage tank program, Title XVI of the

Environmental Protection Act [415 ILCS 5], were amended in 2002 by

P.A. 92-0554 and P.A. 92-0735. Amendments updating the Pollution

Control Board’s rules in light of these Public Acts will be proposed.

Amendments to the rules governing reimbursement from the Underground

Storage Tank Fund will also be proposed.

 

B) Statutory Authority:

 

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 Spring or

Summer of 2004. 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

2004, 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.

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 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

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

 

G) Related Rulemaking and other pertinent information:

 

For information regarding the development of these amendments please

contact:

 

M. Kyle Rominger

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, IL 62794-9276

217-782-5544

Internet: Kyle.Rominger@epa.state.il.us

 

 

v) Part(s) (Headings and Code Citation):

 

PETROLEUM UNDERGROUND STORAGE TANKS (RELEASES REPORTED ON

OR AFTER JUNE 24, 2002) (New Part).

 

1) Rulemaking: No docket presently reserved.

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

A) Description:

 

The statutory provisions governing the leaking underground storage tank

program, Title XVI of the Environmental Protection Act [415 ILCS 5],

were amended in 2002 by P.A. 92-0554 and P.A. 92-0735. A new Part to

the Pollution Control Board’s rules will be proposed in light of the

changes made by the Public Acts. Amendments to the rules governing

reimbursement from the Underground Storage Tank Fund will also be

proposed.

 

B) Statutory Authority:

 

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 Spring or

Summer of 2004. 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

2004, 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

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda as follows:

 

Name: Erin Conley, Rules Coordinator

Address: Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

G) Related Rulemaking and other pertinent information:

 

Amendments to the Pollution Control Board’s rules at 35 Ill. Adm. Code

732 will be proposed in conjunction with the new Part 734.

 

For information regarding the development of these amendments please

contact:

 

M. Kyle Rominger

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, IL 62794-9276

217-782-5544

Internet: Kyle.Rominger@epa.state.il.us

 

 

 

w) Part(s) (Headings and Code Citation):

 

TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES (35 Ill. Adm. Code

742)

 

 

1) Rulemaking: No docket presently reserved.

 

A) Description:

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

Since the Board rules were adopted on June 5, 1997, the IEPA’s

implementation of the rules has given rise to the need for some

amendments, corrections, and clarifications to existing rules.

Additionally, technical documents that were used in drafting the rules

have been updated, necessitating amendments to the rules.

 

B) Statutory Authority:

 

These amendments will be proposed pursuant to Sections 27, 57.14 and

58.5 of the Environmental Protection Act [415 ILCS 5/27, 57.14, and

58.5].

 

C) Scheduled Meeting/Hearing Dates:

 

The IEPA anticipates it will file a rulemaking proposal in Spring or

Summer of 2004. 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

2004, 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 tiered approach to

corrective action 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

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

Address questions concerning this regulatory agenda as follows:

 

Name: Erin Conley, Rules Coordinator

Address: Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

 

G) Related Rulemaking and other pertinent information:

 

No other presently known proceeding would impact the text of Part 742.

 

For information regarding the development of these amendments please

contact:

 

Name: Kimberly A. Geving

Address: 1021 N. Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

Telephone: (217) 782-5544

 

 

x) Part(s) (Headings

and Code Citation):

 

ECOLOGICAL TIERED APPROACH TO CORRECTIVE ACTION

OBJECTIVES (35 Ill. Adm. Code 743)

 

1) Rulemaking: No docket presently reserved.

 

A) Description:

 

The Illinois EPA anticipates proposing a new Part setting forth procedures

for evaluating the risk to ecological receptors posed or potentially posed by

releases of regulated substances and for developing benchmarks that

adequately protect those ecological receptors.

 

B) Statutory Authority:

 

These amendments will be proposed pursuant to Sections 27, 57.14 and

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

58.5 of the Environmental Protection Act [415 ILCS 5/27, 57.14, and

58.5].

 

C) Scheduled Meeting/Hearing Dates:

 

The Illinois EPA anticipates it will file a rulemaking proposal in Spring

or Summer of 2004. 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

2004, 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 electing to participate in the voluntary Site

Remediation Program, pursuant to 35 Ill. Adm. Code 740, and required to

perform an ecological risk assessment pursuant to the new Part.

 

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

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone: 217-782-2471

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

Internet: conleye@ipcb.state.il.us

 

 

G) Related Rulemaking and other pertinent information:

 

The Agency anticipates submitting related amendments to 35 Ill. Adm.

Code 740 in conjunction with the proposal of Part 743.

 

For information regarding the development of these amendments please

contact:

 

Name: Judith S. Dyer

Address: 1021 N. Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

Telephone: (217) 782-5544

 

 

y) 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 R04-15

 

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 R04-15 to accommodate any

amendments to the RCRA Subtitle D regulations, 40 CFR 258, that

USEPA may make in the period July 1, 2003 through December 31, 2003.

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

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

affected the text of the federal RCRA Subtitle C hazardous waste

regulations. Further, USEPA twice updated 40 CFR 136, which is

incorporated by reference in the Illinois hazardous waste rules. These

actions are described below:

 

October 15, 2003

(68 Fed. Reg. 59333)

USEPA amended the rules to add a note

referencing the adoption of the Wendell H. Ford

Aviation Investment Act prohibiting location of a

new landfill within six miles of an certain public

airports.

 

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

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

February 2004. The Board will then propose corresponding amendments

to the Illinois RCRA Subtitle D municipal solid waste regulations using

the identical-in-substance procedure or dismiss docket R04-15, 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 R04-15, if the earliest federal

amendments in the applicable period is assumed to have occurred on

October 15, 2003, the due date would be October 15, 2004.

 

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:

 

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-February 2004, after

which time the Board will propose any amendments to the Illinois RCRA

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

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 15, 2004, the Board

will vote to propose amendments and cause a Notice of Proposed

Amendments to appear in the

Illinois Register

by late July 2004. 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 R04-15, 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 R04-15, 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

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

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) (Headings and Code Citation):

 

RECYCLING FACILITIES (35 Ill. Adm. Code 840) (New Part).

 

1) Rulemaking: No docket presently reserved.

 

A) Description:

 

New rules containing operating standards for certain recycling facilities

will be proposed. Recycling facilities anticipated to be covered by the

new rules are those where paper, glass, plastic, metal cans, aluminum

containers, or textiles are recycled.

 

B) Statutory Authority:

 

Implementing Sections 5, 21, 22 and 28, and authorized by Section 27, of

the Environmental Protection Act [415 ILCS 5/5, 21, 22, 27 and 28].

 

C) Scheduled Meeting/Hearing Dates:

 

The IEPA anticipates it will file a rulemaking proposal in Spring or

Summer of 2004. 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

2004, 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:

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

This Part may affect any small business, small municipality or not-for-

profit corporation that owns or operates a recycling facility..

 

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

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

 

G) Related Rulemaking and other pertinent information:

None

 

For information regarding the development of these amendments please

contact:

 

M. Kyle Rominger, Assistant Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

217-782-5544

Internet: Kyle.Rominger@epa.state.il.us

 

 

aa) Part(s), (Headings

and Code Citations):

 

STANDARDS AND REQUIREMENTS FOR NEW AND EXISTING

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

[MUNICIPAL WASTE] TRANSFER STATIONS (New Part)

INFORMATION TO BE SUBMITTED IN A PERMIT APPLICATION FOR A

[MUNICIPAL WASTE] TRANSFER STATION (New Part)

PROCEDURAL REQUIREMENTS FOR [MUNICIPAL WASTE] TRANSFER

STATION PERMITS (New Part)

 

1) Rulemaking: No docket presently reserved.

 

A) Description:

 

Solid waste transfer stations currently are regulated under 35 Ill. Adm.

Code 807. The Part 807 rules were developed primarily for solid waste

landfills. As applied to transfer stations, they are very general with many

of the specific requirements for transfer stations imposed through permit

conditions under Section 807.206. Transfer stations are increasing in

number and importance in Illinois’ waste management system. In

addition, the United States Environmental Protection Agency published in

June 2002 “Waste Transfer Stations: A Manual for Decision-Making”

(EPA530-R-02-002), guidance developed to “promote the use of best

practices in transfer station siting, design and operation to maximize

facilities’ effectiveness while minimizing their impact on the community.”

In light of these factors, the Illinois Environmental Protection Agency

("Illinois EPA") is developing new Parts that will provide more specific

requirements for the design, construction, operation and closure of solid

waste transfer stations as well as fees and procedures for obtaining

permits. Currently, the draft proposal addresses only municipal waste

transfer stations, but it may be expanded to other, non-hazardous wastes

prior to submission to the Board.

 

B) Statutory authority:

 

These rules will be proposed pursuant to Sections 4(i), 5(f), 21(d), 22, 27

and 28 of the Environmental Protection Act (“Act”) [415 ILCS 5/4(i), 5(f),

21(d), 22, 27, 28].

 

C) Scheduled meeting/hearing dates:

 

The Illinois EPA anticipates it will file a rulemaking proposal in late 2003

or early 2004. No meetings or hearings are scheduled at this time. Once

the proposal is filed, the Board will conduct hearings in accordance with

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

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

D) Date Agency anticipates First Notice:

 

Submission to the Board by the Illinois EPA may be as soon as the Spring

or Summer of 2004, after which the Board will cause publication of a

Notice of Proposed Rules in the

Illinois Register

.

 

E) Effect on small businesses, small municipalities or not-for-profit

corporations:

 

Generally, small businesses, small municipalities and not-for-profit

corporations will not be affected by the proposal unless they receive waste

for transfer prior to treatment or disposal. For those that do, the

substantive changes in requirements for design, construction and operation

are expected to be minimal with many existing transfer stations already in

compliance with most of the standards and requirements. However, there

may be some expense for upgrading existing transfer stations. In addition,

fees for the review and issuance of permits and for periodic facility

inspections will be proposed.

 

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

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone: 217-782-2471

Internet:

conleye@ipcb.state.il.us

 

G) Related rulemakings and

other pertinent information:

 

No other presently-known proceeding will affect solid waste transfer

stations.

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2004 REGULATORY AGENDA

 

 

 

For information regarding the development of these rules please contact:

 

Name: Mark Wight

Address: Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

217-782-5544

Internet: Mark.Wight@epa.state.il.us