ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
a)
Parts (Headings and Code Citations):
ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS (2
Ill. Adm. Code 2175)
1) Rulemaking:
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 Fall or Winter 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 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)
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 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). The Board’s new filing
procedure will allow for electronic filings and payment of filing fees.
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:
The Board has held two hearings in this rulemaking.
D)
Date agency anticipates First Notice:
The Board anticipates First Notice publication of the proposed rules in the
Illinois Register
in the Fall or Winter 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
to inspect and copy Board records. Proceedings before the Board include
enforcement actions, rulemaking proceedings, variance proceedings,
adjusted standard proceedings, site-specific rulemaking proceedings,
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
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.
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: R04-20
A)
Description:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
The Illinois Environmental Protection Agency filed a proposal with the
Board that 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:
Hearings were held on March 18 and May 6, 2004. The Board held
hearings under 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 Fall or Winter of 2004.
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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
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 R05-05 (see item (d below) could affect the text of Part 211.
Additionally, the IEPA may file amendments to the portable fuel container
regulations in Parts 218 and 219 (see item f below).
d)
Part (Heading and Code Citation):
Definitions and General Provisions (35 Ill. Adm. Code 211)
1)
Rulemaking: Docket number
R05-5
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.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
The Board has reserved docket number R05-5 to accommodate any
amendments to the 40 CFR 51.100(s) definition of VOM that USEPA may
make in the period January 1, 2004 through June 30, 2004. At this time,
the Board is not aware of any federal amendments to the federal definition
of VOM. The Board will verify the existence of any federal actions and
the Board action required in response to each in coming weeks, by about
mid-August 2004. The Board will then propose corresponding
amendments to the Illinois definition of VOM using the identical-in-
substance procedure or dismiss docket R05-5, as necessary and
appropriate.
Section 9.1(e) mandates that the Board complete amendments within one
year of the date on which USEPA adopted its action upon which the
amendments are based. Assuming for the purposes of illustration that
USEPA adopted an amendment that will require Board action on the first
day of the update period, on January 1, 2004, the due date for Board
adoption would be January 1, 2005.
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-August 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 January 1, 2005, for the
purposes of illustration, the Board would vote to propose amendments and
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
cause a Notice of Proposed Amendments to appear in the
Illinois Register
by early October 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
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 R05-5, as follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R05-5, as follows:
Name: Michael J. McCambridge, Attorney
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone: 312-814-6924
Internet: mccambm@ipcb.state.il.us
G)
Related rulemakings and other pertinent information:
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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
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)
Parts (Headings and Code Citations):
NITROGEN OXIDES EMISSIONS (35 Ill. Adm. Code 217)
1)
Rulemaking: No docket number presently assigned.
A)
Description:
The proposal would amend Part 217 to update the incorporations by
reference, and to reflect the recent amendments to Section 9.9 of the Act.
Amendments to Section 9.9 of the Act included authority for the Agency
to sell certain allowances, disbursement of the sale proceeds to the Agency
and certain sources, and clarified the compliance date for cement kilns,
industrial boilers and utility boilers. The proposed amendments will also
include changing the dates that applications for New Source Set Aside
allowances must be submitted. Additionally, amendments to Part 217 will
address the October 27, 1998, action of the United States Environmental
Protection Agency. USEPA issued a NOx SIP Call requiring Illinois and
numerous other states to adopt certain regulations for the control of
nitrogen oxide (NOx ) emissions that contribute to non-attainment or
interfere with maintenance of the ozone air quality standard in other states
pursuant to Section 110(a)(2)(D) of the CAA. Illinois is required to adopt
NOx emission controls for four categories of industrial sources. The
Board has already adopted rules that control NOx emissions from boilers
and turbines serving electric generator units greater than 25 megawatts;
boilers and turbines with heat input greater than 250 mmBtu/hr; and large
cement kilns with ozone season emissions greater than one ton. The
fourth category, large internal combustion engines, is the subject of this
notice. The U.S. Court of Appeals remanded this category to USEPA for
further consideration. USEPA promulgated final guidance for this
category on April 21, 2004 at 69 Fed. Reg. 21604.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
B)
Statutory authority:
Implementing and authorized by Sections 9, 9.9, 10, 27, and 28.5 of the
Illinois Environmental Protection Act [415 ILCS 5/9, 9.9, 10, 27, and
28.5, (2003)].
C)
Scheduled meeting/hearing dates:
None yet scheduled.
D)
Date agency anticipates First Notice:
The Board anticipates First Notice publication of the proposed rules in the
Illinois Register
in the Fall or Winter of 2004.
E)
Effect on small business, small municipalities, or not-for-profit
corporation:
Any small businesses, small municipalities, or not-for-profit corporations
that are subject to the NOx Trading Program could be affected by the
proposed amendments.
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 19276
Springfield, Illinois 62794-9276
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
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
Springfield, 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 218 and 219)
1)
Rulemaking: No docket presently reserved.
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 Fall or Winter 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
Fall or Winter 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
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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
g)
Part (Heading and Code Citation):
Sulfur Limitations (35 Ill. Adm. Code 214)
1)
Rulemaking: Docket number
R04-12
A)
Description:
The Board has opened 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.”)
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:
The Board held two hearings in this rulemaking; the first in Chicago on
March 18, 2004, and the second in Springfield on May 6, 2004.
D)
Date agency anticipates First Notice:
The Board anticipates First Notice publication of the proposed rules in the
Illinois Register
in the Fall or Winter of 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:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R04-12, as follows:
Name: Richard McGill
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone: 312-814-6983
Internet: mcgillr@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 225)
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:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
Implementing Sections 10, 39 and 39.5 of the Illinois Environmental
Protection Act [415 ILCS 5/10, 39 and 39.5] and authorized by Sections
27 and 28.5 of the Environmental Protection Act [415 ILCS 5/27 & 28.5].
C)
Scheduled meeting/hearing dates:
No meetings or hearings are scheduled at this time. Once the proposal is
filed, the Board will conduct hearings as required by Sections 27 and 28 of
the Act [415 ILCS 5/27 & 28].
D)
Date Agency Anticipates First Notice:
A Fall or Winter 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
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
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:
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:
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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
the Fall or Winter 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 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
Internet: epa8855@epa.state.il.us
j) Part (Heading and Code Citation):
WATER QUALITY STANDARDS (35 Ill. Adm. Code 302)
1) Rulemaking: No docket presently reserved.
A) Description:
The Illinois Environmental Protection Agency (IEPA) is currently
preparing a rulemaking proposal for filing before the Board relating to the
water quality standards for 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:
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:
An IEPA submittal of a proposal to the Board would commence this
proceeding, and the IEPA has stated that it expects to file a proposal in
the Fall or Winter 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.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
k) Part (Heading and Code Citation):
WATER USE DESIGNATIONS AND SITE SPECIFIC WATER QUALITY
STANDARDS (35 Ill. Adm. Code 303)
1) Rulemaking: No docket presently reserved.
A) Description:
35 Ill. Adm. Code 303 contains the Board’s water use designations for all
bodies of water in the State of Illinois with use designations other than
general use. The IEPA has established a workgroup to conduct a Use
Attainability Analysis, pursuant to 40 C.F.R. §131.10, of the portions of
the lower Des Plaines River that are currently classified as secondary
contact and indigenous aquatic life waters pursuant to 35 Ill. Adm. Code
303.441. In addition, the IEPA is preparing a rulemaking proposal for
filing before the Board will recommend updating and/or upgrading the use
designation of the lower Des Plaines River from its confluence with the
Sanitary and Ship Canal to the Interstate 55 bridge.
B) Statutory authority:
Implementing and authorized by Sections 11, 13, and 27 of the
Environmental Protection Act [415 ILCS 5/11, 13 & 27].
C) Scheduled meeting /hearing date:
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:
An IEPA submittal of a proposal to the Board would commence this
proceeding, and the IEPA has stated that it expects to file a proposal in the
Fall or Winter 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
.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 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 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:
Deborah J. Williams
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Ave. East
P.O. Box 19276
Springfield, Il. 62794-9276
217-782-5544
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
m) Parts (Headings and Code Citations):
Sewer Discharge Criteria (35 Ill. Adm. Code 307)
Pretreatment Programs (35 Ill. Adm. Code 310)
1) Rulemaking: Docket number R05-4
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 R05-4 to accommodate any
amendments to the federal wastewater pretreatment rules, 40 CFR 400
through 499, that the USEPA may have made in the period January 1,
2004 through June 30, 2004. At this time, the Board is aware that USEPA
undertook one action that affected the text of 40 CFR 400 through 499 and
its implementation. That action is described below:
May 6, 2004
(69 Fed. Reg. 25324)
USEPA published a correction to the July 1, 2003
edition of 40 C.F.R. 439. The corrections
reinstate the text deleted from two pages of the
regulations; they are not real amendments. (No
Board action may be necessary.)
The Board will verify whether amendments are necessary based on this
federal action. The Board will further 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-August 2004. The Board
will then propose corresponding amendments to the Illinois SDWA
regulations using the identical-in-substance procedure under docket R05-
4, 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. In docket R05-4, if the earliest federal
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
amendments in the applicable period are assumed to have occurred on
May 6, 2004, the due date for Board adoption would be May 6, 2005.
B) Statutory authority:
Implementing and authorized by Sections 7.2, 13, 13.3, and 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 13, 13.3 & 27].
C) Scheduled meeting/hearing dates:
None scheduled at this time. The Board will vote to propose any
amendments at an open meeting in accordance with requirements
established by Sections 27 and 28 of the Act [415 ILCS 5/27 & 28]. No
hearing is required in identical-in-substance proceedings.
D) Date agency anticipates First Notice:
The Board cannot project an exact date for publication at this time. The
Board expects to verify any federal actions by mid-August 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 May 6, 2005, the Board will
vote to propose amendments and cause a Notice of Proposed Amendments
to appear in the
Illinois Register
by February 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 R05-4, as follows:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R05-4, 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
limits, pathogen reduction requirements, and vector control measures
applicable to sludge that is applied to land.
B) Statutory authority:
Implementing and authorized by Sections 11 and 27 of the Environmental
Protection Act [415 ILCS 5/11 & 27]
C) Schedule meeting/hearing date:
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:
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 Fall or Winter 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 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: Stefani Diers
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)
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 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:
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:
An IEPA submittal of the rulemaking proposal is anticipated by Fall or
Winter 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.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 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: Deborah J. Williams
Address: Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
Telephone: 217-782-5544
p) Part (Heading and Code Citation):
Primary Drinking Water Standards (35 Ill. Adm. Code 611)
1) Rulemaking: Docket number R05-6
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 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 R05-6 to accommodate any
amendments to the SDWA primary drinking water regulations, 40 CFR
141 through 143, that the United States Environmental Protection Agency
(USEPA) may make in the period January 1, 2004 through June 30, 2004.
At this time, the Board is aware that USEPA undertook two actions that
affected the text of the federal RCRA Subtitle C hazardous waste
regulations. These actions are described below:
February 13, 2004
(69 Fed. Reg. 7156)
USEPA approved an additional analytical method
for coliforms and
E. coli
in drinking water.
June 2, 2004
(69 Fed. Reg. 31008)
USEPA approved three additional analytical
methods for uranium in drinking water by a direct
final rule.
The Board will verify the existence of any federal actions and the Board
action required in response to each in coming weeks, by about mid-August
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 R05-6, 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. In docket R05-6, if the earliest federal amendments in the
applicable period are assumed to have occurred on February 13, 2004, the
due date for Board adoption would be February 13, 2005.
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].
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 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-August 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 February 13, 2005, 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 November 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 R05-6, as follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street Suite 11-500
Chicago, Illinois 60601
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
Address questions concerning this regulatory agenda, noting docket
number R05-6, 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:
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.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
B) Statutory Authority:
Sections 27 and 28 of the Illinois Environmental Protection Act [415 ILCS
5/27 & 28].
C) Scheduled meeting/hearing dates:
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:
An IEPA submittal of the rulemaking proposal is anticipated by Fall or
Winter 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 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) 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):
MAXIMUM SETBACK ZONES (35 Ill. Adm. Code 618—Part not yet reserved)
1) Rulemaking: No docket number presently assigned.
A) Description:
35 Ill. Adm. Code 618 is a new Part that prescribes maximum setback
zones and the applicable technology control regulations that apply under
35 Ill. Adm. Code 615 and 616. This new Part is necessary to ensure
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
public health, safety, and welfare; to preserve the quality and quantity of
groundwater resources in order to ensure a safe and adequate water supply
for present and future generations; and to preserve groundwater resources
currently in use and those aquifers having a potential for future use as a
public water supply.
B) Statutory authority:
Implementing Section 14.3 of the Illinois Environmental Protection Act
[415 ILCS 5/14.3] and authorized by Section 27 the Illinois
Environmental Protection Act [415 ILCS 5/27].
C) Scheduled meeting/hearing dates:
No meetings or hearings are scheduled at this time. Once the proposal is
filed, the Board will conduct hearings as required by Sections 27 and 28 of
the Act [415 ILCS 5/27 & 28].
D) Date agency anticipates First Notice:
An IEPA submittal of the rulemaking proposal is anticipated by Fall or
Winter 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) Effect on small business, small municipalities, or not-for-profit
corporation:
This rule will affect any small business, small municipality, or not-for-
profit corporation that is located within the maximum setback zone and
does any of the following: land filling, land treating, surface impounding
or piling of special waste and other wastes that could cause contamination
of groundwater when such wastes are generated on the site (other than
hazardous, livestock and landscape waste, and construction and demolition
debris); storing of special waste in an underground storage tank for which
federal regulatory requirements for the protection of groundwater are not
applicable; storing and related handling of pesticides and fertilizers at a
facility for the purpose of commercial application; storing and related
handling of road oils and de-icing agents at a central location; or storing
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
and related handling of pesticides and fertilizers at a central location for
the purpose of distribution to retail sales outlets. (415 ILCS 5/14.3)
Further, this rule will affect any small business, small municipality, or not-
for-profit corporation that proposes to locate a Potential Primary Source
within such zone after the effective date of this regulation. "Potential
primary source" means any unit at a facility or site not currently subject to
a removal or remedial action that: 1) is utilized for the treatment, storage,
or disposal of any hazardous or special waste not generated at the site; 2)
is utilized for the disposal of municipal waste not generated at the site,
other than landscape waste and construction and demolition debris; 3) is
utilized for the landfilling, land treating, surface impounding or piling of
any hazardous or special waste that is generated on the site or at other sites
owned, controlled or operated by the same person; or 4) stores or
accumulates at any time more than 75,000 pounds above ground, or more
than 7,500 pounds below ground, of any hazardous substances.
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
600 S. Second St., Suite 402
Springfield, Illinois 62704
Telephone: 217-782-2471
Internet: conleye@ipcb.state.il.us
G) Related rulemakings and
other pertinent information:
For information regarding the IEPA’s development of this proposal, please
contact the following IEPA representative:
Name: Richard Cobb
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
Address: Illinois Environmental Protection Agency
1021 North Grand Avenue East, P.O. Box 19276
Springfield, Illinois 62794-9276
Telephone: (217) 785-4787
Internet: Rick.Cobb@epa.state.il.us
s) Parts (Headings and Code Citations):
RCRA and UIC Permit Programs (35 Ill. Adm. Code 702)
UIC Permit Program (35 Ill. Adm. Code 704)
Procedures For Permit Issuance (35 Ill. Adm. Code 705)
Hazardous Waste Management System: General (35 Ill. Adm. Code 720)
Underground Injection Control Operating Requirements (35 Ill. Adm. Code 730)
Hazardous Waste Injection Restrictions (35 Ill. Adm. Code 738)
1) Rulemaking: Presently reserved docket number R05-7
A) Description:
Section 13(c) of the Environmental Protection Act [415 ILCS 5/13(c)]
mandates that the Board update the Illinois underground injection control
(UIC) regulations to reflect amendments to the United States
Environmental Protection Agency (USEPA) UIC regulations.
The Board has reserved docket number R05-7 to accommodate any
amendments to the federal UIC regulations, 40 CFR 144 through 148,
during the period January 1, 2004 through June 30, 2004. At this time, the
Board is not aware of any federal amendments to the federal UIC
regulations. The Board will verify the existence of any federal actions and
the Board action required in response to each in coming weeks, by about
mid-August 2004. The Board will then propose corresponding
amendments to the Illinois UIC regulations using the identical-in-
substance procedure or dismiss docket R05-7, 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-August 2004. The Board will then propose corresponding
amendments to the Illinois UIC regulations using the identical-in-
substance procedure under docket R05-7, as necessary and appropriate.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
Section 13(c) mandates that the Board complete amendments within one
year of the date on which USEPA adopted its action upon which the
amendments are based. Assuming for the purposes of illustration that the
earliest USEPA action during the update period that will require Board
action is the first day of the update period, on January 1, 2004, the due
date for Board adoption of all amendments in the period would be January
1, 2005.
B) Statutory authority:
Implementing and authorized by Sections 7.2, 13(c) and 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 13(c) & 27].
C) Scheduled meeting/hearing dates:
None scheduled at this time. The Board will vote to propose any
amendments at an open meeting in accordance with requirements
established by Sections 27 and 28 of the Act [415 ILCS 5/27 & 28]. No
hearing is required in identical-in-substance proceedings.
D) Date agency anticipates First Notice:
The Board cannot project an exact date for publication at this time. The
Board expects to verify any federal actions by mid-August 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 January 1, 2005, the Board will vote to propose
amendments and cause a Notice of Proposed Amendments to appear in the
Illinois Register
by early October 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.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking,
noting docket number R05-7, as follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R05-7, as follows:
Name: Michael J. McCambridge, Attorney
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone: 312-814-6924
Internet: mccambm@ipcb.state.il.us
G) Related rulemakings and
other pertinent information:
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.
t) Parts (Headings and Code Citations):
RCRA AND UIC Permit Programs (35 Ill. Adm. Code 702)
RCRA Permit Program (35 Ill. Adm. Code 703)
Procedures For Permit Issuance (35 Ill. Adm. Code 705)
Hazardous Waste Management System: General (35 Ill. Adm. Code 720)
Identification and Listing of Hazardous Waste (35 Ill. Adm. Code 721)
Standards Applicable to Generators of Hazardous Waste (35 Ill. Adm. Code 722)
Standards Applicable to Transporters of Hazardous Waste (35 Ill. Adm. Code 723)
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
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 R05-2
A) Description:
Section 22.4(a) of the Environmental Protection Act [415 ILCS 5/22.4(a)]
mandates that the Board update the Illinois rules implementing Subtitle C
of the federal Resource Conservation and Recovery Act (RCRA) to reflect
the United States Environmental Protection Agency (USEPA)
amendments to the federal RCRA Subtitle C regulations.
The Board has reserved docket number R05-2 to accommodate any
amendments to the federal RCRA Subtitle C program, 40 CFR 260
through 270, 273, and 279, that USEPA made in the period January 1,
2004 through June 30, 2004. At this time, the Board is aware that USEPA
undertook two actions that affected the text of the federal RCRA Subtitle
C hazardous waste regulations. These actions are described below:
April 22, 2004
(69 Fed. Reg. 21737)
USEPA issued rules that allow members of the
National Environmental Performance Track
Program to accumulate hazardous waste for an
extended time before becoming subject to the
hazardous waste treatment, storage, and disposal
facility standards.
April 26, 2004
(69 Fed. Reg. 22602)
USEPA adopted national emission standards for
hazardous air pollutants (NESHAP) applicable to
automobile and light duty truck surface coating
operations. Two limited segments of the
amendments exclude purged coatings and
solvents from operations subject to the NESHAP
from the air emission standards applicable to
equipment leaks at hazardous waste treatment,
storage, and disposal facilities.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
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-
August 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 R05-2, 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. In docket R05-2, if the earliest federal amendments in the
applicable period is assumed to have occurred on April 22, 2004, the due
date for Board adoption would be April 22, 2005.
B) Statutory authority:
Implementing and authorized by Sections 7.2, 22.4(a), and 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 22.4(a) & 27].
C) Scheduled meeting/hearing dates:
None scheduled at this time. The Board will vote to propose any
amendments at an open meeting in accordance with requirements
established by Sections 27 and 28 of the Act [415 ILCS 5/27 & 28]. No
hearing is required in identical-in-substance proceedings.
D) Date agency anticipates First Notice:
The Board cannot project an exact date for publication at this time. The
Board expects to verify any federal actions by mid-August 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 April 22, 2005,
the Board will vote to propose amendments and cause a Notice of
Proposed Amendments to appear in the
Illinois Register
by December
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.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 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 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 R05-2, as follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R05-2, as follows:
Name: Michael J. McCambridge, Attorney
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone: 312-814-6924
Internet: mccambm@ipcb.state.il.us
G) Related rulemakings and
other pertinent information:
Section 22.4(a) of the Environmental Protection Act [415 ILCS 5/22.4(a)]
provides that Title VII of the Act and Section 5 of the Administrative
Procedure Act (APA) shall not apply. Because this rulemaking is not
subject to Section 5 of the APA, it is not subject to First Notice or to
Second Notice review by the Joint Committee on Administrative Rules.
Rather, the Board will cause a Notice of Proposed Amendments to appear
in the
Illinois Register
, and it will accept public comments on the proposal
for 45 days after the date of publication.
u) Part (Heading and Code Citation):
Underground Storage Tanks (35 Ill. Adm. Code 731)
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
1) Rulemaking: Docket number R05-3
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 R05-3 to accommodate any
amendments to 40 CFR 281 through 283 that USEPA may make in the
period January 1, 2004 through June 30, 2004. At this time, the Board is
not aware of any federal amendments. The Board will verify the existence
of any federal actions and the Board action required in response to each in
coming weeks, by about mid-August 2004. The Board will then propose
corresponding amendments to the Illinois UST regulations using the
identical-in-substance procedure or dismiss docket R05-3, as necessary
and appropriate.
Section 22.4(d) mandates that the Board complete our amendments within
one year of the date on which USEPA adopted its action upon which our
amendments are based. Assuming for the purposes of illustration that
USEPA adopted an amendment that will require Board action on the first
day of the update period, on January 1, 2004, the due date for Board
adoption would be January 1, 2005.
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.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 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-August 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 January 1, 2005, for the purposes of illustration,
the Board would vote to propose amendments and cause a Notice of
Proposed Amendments to appear in the
Illinois Register
by early October
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.
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 R05-3, 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 R05-3, as follows:
Name: Michael J. McCambridge, Attorney
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone: 312-814-6924
Internet: mccambm@ipcb.state.il.us
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
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.
v) Part(s) (Headings and Code Citation):
PETROLEUM UNDERGROUND STORAGE TANKS (35 Ill. Adm. Code Part 732)
1) Rulemaking: R04-22
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 Board has held hearings in this rulemaking on: March 15, 2004 in
Chicago; May 25, 2004 in Bloomington; May 26, 2004 in Springfield; and
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
June 21, 22, and 23 in Springfield. Additional hearings have been
scheduled for July 6, 2004 and August 9, 2004 in Springfield.
D) Date Agency Anticipates First Notice:
The Board anticipates First Notice publication of the proposed rules in the
Illinois Register
in the Fall or Winter of 2004.
E) Effect on Small Business, Small Municipalities, or Not-for-Profit
Corporations:
The amendments may affect any small business, small municipality or
not-for-profit corporation subject to the Board’s leaking underground
storage tank rules.
F) Agency Contact Person for Information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
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:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
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):
PETROLEUM UNDERGROUND STORAGE TANKS (RELEASES REPORTED ON
OR AFTER JUNE 24, 2002) (New Part).
1) Rulemaking: R04-23
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 Board has held hearings in this rulemaking on: March 15, 2004 in
Chicago; May 25, 2004 in Bloomington; May 26, 2004 in Springfield; and
June 21, 22, and 23 in Springfield. Additional hearings have been
scheduled for July 6, 2004 and August 9, 2004 in Springfield.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
D) Date Agency Anticipates First Notice:
The Board anticipates First Notice publication of the proposed rules in the
Illinois Register
in the Fall or Winter of 2004.
E) Effect on Small Business, Small Municipalities, or Not-for-Profit
Corporations:
The amendments may affect any small business, small municipality or
not-for-profit corporation subject to the Board’s leaking underground
storage tank rules.
F) Agency Contact Person for Information:
Address written comments concerning the substance of the rulemaking as
follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
217-782-5544
Internet: Kyle.Rominger@epa.state.il.us
x) 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:
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:
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:
The IEPA anticipates submitting its proposal in Fall or Winter of 2004,
after which the Board will cause publication of a Notice of Proposed
Amendments in the
Illinois Register
.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
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
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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
y) Part(s) (Headings
and Code Citation):
SITE REMEDIATION PROGRAM (35 Ill. Adm. Code 740)
1) Rulemaking: No docket presently reserved.
A) Description:
The Site Remediation Program (“SRP”) is one of the Illinois
Environmental Protection Agency’s (“Illinois EPA”) primary remediation
programs for the cleanup of contaminants released to soil or groundwater.
Remediation sites from throughout Illinois participate in the SRP. For a
variety of reasons, certain of these sites create or attract a heightened level
of public attention or concern. Such sites include those with groundwater
contamination, former manufactured gas plant sites, and sites where on-
site treatment is part of the remedial action plan. For these sites and others
that attract public concern, the Illinois EPA expects to propose a new 35
Ill. Adm. Code 740.Subpart J. Subpart J, as currently contemplated,
would require such sites to develop and implement a Community
Relations Workplan. The purpose of the workplan would be to establish
two-way communications between the Remediation Applicant and
community members who may be affected by (or perceive they are
affected by) site contamination and activities at the site.
B) Statutory Authority:
Sections 4(i), 27, and 28 of the Environmental Protection Act [415 ILCS
5/4(i), 27, 28]
C) Scheduled Meeting/Hearing Dates:
No meetings or hearings are scheduled at this time. Once the proposal is
filed, the Board will conduct hearings as required by Sections 27 and 28
of the Act [415 ILCS 5/27 & 28].
D) Date Agency Anticipates First Notice:
The IEPA anticipates submitting its proposal in the Fall or Winter of
2004, after which the Board will cause publication of a Notice of
Proposed Amendments in the
Illinois Register
.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
E) Effect on Small Business, 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 perform
environmental remediation pursuant to the Site Remediation Program. In
most cases, participation in the SRP is voluntary, the exception being
participation under Board or court orders arising out of enforcement
actions. For those who do choose to enroll in the SRP, and who fall within
the criteria for developing and implementing a Community Relations
Workplan, the workplan will require identifying the affected or interested
public, selecting appropriate methods of outreach to that public, preparing
a fact sheet with identification, history and plans for the remediation site,
and proposing a schedule for implementation of the workplan. The
establishment of a document repository where the public can review all
documents exchanged between the Remediation Applicant and the Illinois
EPA also may be required. These requirements will increase the resources
necessary for participation in the SRP for those Remediation Applicants
whose sites fall within the criteria.
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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
G) Related Rulemaking and other pertinent information:
For information regarding the development of these amendments please
contact:
Name: Mark Wight
Address: Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P. O. Box 19276
Springfield, Illinois 62794-9276
Telephone: (217) 782-5544
Internet:
Mark.Wight@epa.state.il.us
z) 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
58.5 of the Environmental Protection Act [415 ILCS 5/27, 57.14, and
58.5].
C) Scheduled Meeting/Hearing Dates:
No meetings or hearings are scheduled at this time. Once the proposal is
filed, the Board will conduct hearings as required by Sections 27 and 28
of the Act [415 ILCS 5/27 & 28].
D) Date Agency Anticipates First Notice:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
The IEPA anticipates submitting its proposal in the Fall or Winter 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
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:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
Name: Judith S. Dyer
Address: 1021 N. Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Telephone: (217) 782-5544
aa) Part(s) (Headings
and Code Citation):
SOLID WASTE AND SPECIAL WASTE HAULING (35 Ill. Adm. Code
Part 807 and 811)
1) Rulemaking: No docket presently reserved.
A) Description:
The Illinois Environmental Protection Agency is planning to propose
amendments to Part 807 Subpart F and Part 811 Subpart G relating to
Financial Assurance including adding evergreen renewal language to
several financial assurance mechanisms.
B) Statutory Authority:
These amendments will be proposed pursuant to Sections 21.1, 22 and 27
of the Environmental Protection Act [415 ILCS 5/21.1, 22 and 27]
C) Scheduled Meeting/Hearing Dates:
No meetings or hearings are scheduled at this time. Once the proposal is
filed, the Board will conduct hearings as required by Sections 27 and 28
of the Act [415 ILCS 5/27 & 28].
D) Date Agency Anticipates First Notice:
The IEPA anticipates submitting its proposal in Fall or Winter 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:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
The amendments may affect any small business, small municipality or
not-for-profit corporation providing or requesting financial assurance for
the closure and post closure care of waste disposal sites.
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:
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: Stephanie Flowers
Address: Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Telephone: 217-782-5544
E-Mail: Stephanie.Flowers@epa.state.il.us
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
bb) 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 R05-1
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 R05-1 to accommodate any
amendments to the RCRA Subtitle D regulations, 40 CFR 258, that
USEPA may make in the period January 1, 2004 through June 30, 2004.
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 once updated 40 CFR 136, which is
incorporated by reference in the Illinois hazardous waste rules. This
action is described below:
March 22, 2004
(69 Fed. Reg. 13242)
USEPA amended its rules to allow states to grant
research, development, and demonstration
permits.
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-
August 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 R05-1, as necessary
and appropriate.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
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 R05-1, if the earliest federal
amendments in the applicable period is assumed to have occurred on
March 22, 2004, the due date would be March 22, 2005.
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-August 2004, after
which time the Board will propose any amendments to the Illinois RCRA
Subtitle D MSWLF rules that are necessary in response to the federal
amendments that have occurred. If the due date for Board adoption of
amendments in this docket is assumed to be March 22, 2005, the Board
will vote to propose amendments and cause a Notice of Proposed
Amendments to appear in the
Illinois Register
by December 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 R05-1, as follows:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda, noting docket
number R05-1, as follows:
Name: Michael J. McCambridge, Attorney
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone: 312-814-6924
Internet: mccambm@ipcb.state.il.us
G) Related rulemakings and
other pertinent information:
No other presently-known proceedings would affect the text of Parts 807,
810, 811, 812, 813, 814, or 815.
Section 22.40(a) of the Environmental Protection Act [415 ILCS
5/22.40(a)] provides that Title VII of the Act and Section 5 of the
Administrative Procedure Act (APA) shall not apply. Because this
rulemaking is not subject to Section 5 of the APA, it is not subject to First
Notice or to Second Notice review by the Joint Committee on
Administrative Rules. Rather, the Board will cause a Notice of Proposed
Amendments to appear in the
Illinois Register
, and it will accept public
comments on the proposal for 45 days after the date of publication.
cc) 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
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:
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:
The IEPA anticipates submitting its proposal in the Fall or Winter 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:
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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
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
dd) Part(s), (Headings
and Code Citations):
Management of Used and Waste Tires (35 Ill. Adm. Code 848)
1) Rulemaking: No docket presently reserved.
A) Description:
The Illinois Environmental Protection Agency is planning to
propose amendments to the Board’s regulations that will allow
better implementation of the used and waste tire management
program including changes necessary to make the Board’s rules
consistent with legislative amendments to Title XIV of the
Environmental Protection Act [415 ILCS 5/53 et seq.] resulting
from Public Act 92-0024.
B) Statutory authority:
Sections 27 and 55.2 of the Environmental Protection Act [415
ILCS 5/27 and 55.2].
C) Scheduled meeting/hearing dates:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 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:
Submission to the Board by the Illinois EPA may be as soon as the Fall or
Winter 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:
This rulemaking may affect any small business, small municipality or not-
for-profit corporation that manages used or waste tires.
F) Agency contact person for information:
Address written comments concerning the substance of the rulemaking as follows:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Address questions concerning this regulatory agenda as follows:
Name: Erin Conley, Rules Coordinator
Address: Pollution Control Board
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.
For information regarding the development of these rules please contact:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
JULY 2004 REGULATORY AGENDA
Stephanie Flowers
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
217-782-5544
Stephanie.Flowers@epa.state.il.us