JOINT COMMITTEE

ONADMINISTRATIVE

RULES

ILLINOIS GENERAL ASSEMBLY

CO-CHAIR.

SEN.

J.

BRADLEY BURZYNSKI

SEN. MAGGIE

CROTTY

SEN. JAMES

F.

CLAYBORNE,

JR.

SEN. STEVE RAUSCHENBERGER

CO-CHAIR:

SEN.

DAN RUTHERFORD

REP. BRENT HASSERT

SEN.

IRA SILVERSTEIN

REP. TOM HOLBROOK

EXECUTIVE DIRECTOR:

REP. DAVID

R.

LEITCH

VICKI THOMAS

REP. LARRY McKEON

REP. DAVID MILLER

700 STRATTON BUILDING

REP. ROSEMARY MULLIGAN

SPRINGFIELD,

ILLINOIS 62706

217/785-2254

~

E

CE ~V ~ D

CLERK’S

OFF!CE

January 11, 2005

~)i~’

RJJNO~S

~

~

Boar

J. Phil Novak, Chairman

Pollution Control Board

James R. Thompson Center

100 W. Randolph, Suite

1 1-500

Chicago, Illinois 60601

Dear Chairman Novak:

This

is

to

notify

you

that

JCAR

considered the following

proposed rulemakings

at

its

1/11/05

meeting:

General Rules

(35

Ill.

Adm. Code

101)

28 Ill.

Reg. 6772

-

5/7/04

Regulatory and Informational Hearings and Proceedings

(35

Ill. Adm.

Code

102)

28 Ill. Reg.

6805

—

5/7/04

Enforcement

(35

Ill. Adm. Code

103)

28 Ill. Reg.

6823

—

5/7/04

Regulatory Relief Mechanisms

(35

Ill. Adm. Code

10.4)

28 Ill. Reg. 6833

—

5/7/04

Appeals ofFinal Decisions of State Agencies

(35

Ill. Adm.

Code

105)

28 Ill. Reg.

6842

—

5/7/04

Proceedings Pursuant to

Specific Rules or Statutory Provisions

(35

Ill. Adm. Code

106)

28 Ill.

Reg. 6848

—

5/7/04

Petition to Review Pollution Control Facility Siting Decisions

(35

Ill. Adm.

Code 107)

28 Ill. Reg.

6859

—

5/7/04

Administrative Citations

(35

Ill. Adm. Code

108)

28 Ill. Reg.

6864

—

5/7/04

---

Tax Certifications

(35

Iii.

Adm. Code

125)

28 Ill. Reg.

6869

—

5/7/04

Identification and Protection ofTrade Secrets and Other Non-Disciosable Information

(35

Ill.

Adm. Code 130)

28 Ill. Reg.

6873

—

5/7/04

If your agency has

agreed to

any

substantive

modifications

during

its

discussions with

JCAR,

they are described in the

“Agreements” attached to

the certification.

Based on these agreements,

as well

as

the

other responses

you

have

provided the

Committee

during

the

review

of these

rulemakings,

JCAR

has determined

that No Objection

will be

issued.

Enclosed you

will

find

formal certification of this action.

These rulemakings

may now be adopted upon filing with the Office ofthe Secretary ofState.

Please

note that

the

fact

that

the

Committee

has not

objected

to

these rulemakings

does

not

necessarily constitute approval, expressed or implied, ofthe substance of the rulemakings.

Thank you for the cooperation your agency has shown during our review of these issues.

Sincerely,

Senator Maggie Crotty

Representative Brent Hassert

Co-Chairman

Co-Chairman

SMC:RBH:DC:rm

cc:

Richard McGill

Enc.

---

CO-CHAIR:

SEN. MAGGIE CROTTY

CO-CHAIR:

REP.

BRENT HASSERT

EXECUTIVE DIRECTOR:

VICKI THOMAS

JOiNT COMMITTEE ON ADMINISTRATIVE RULES

ILLINOIS

GENERAL ASSEMBLY

SEN. J. BRADLEY BURZYNSKI

SEN. JAMES

F

CLAYBORNE,

JR.

SEN. STEVE RAUSCHENBERGER

SEN. DAN RUTHERFORD

SEN. IRA SILVERSTEIN

REP. TOM

HOLBROOK

REP. DAVID

R.

LEITCH

REP. LARRY McKEON

REP. DAVID MILLER

REP. ROSEMARY MULLIGAN

JOINT

COMMITTEE ON ADMINISTRATIVE RULES

CERTIFICATION OF NO OBJECTION

TO PROPOSED RULEMAKiNG

This

is

to

certify

that

the

Joint

Committee

on

Administrative

Rules,

at

its

1/11/05

meeting,

considered Tax Certifications

(35

Ill.

Adm. Code

125),

proposed by the Pollution Control Board

and published in the 5/7/04 issue ofthe Illinois Register.

After consideration, and based upon the

agreements,

if any,

for modification of the rulemaking made by the agency and

attached to

this

document,

the Committee

determined that no

Objection will be

issued to

the above-mentioned

rulemaking.

Vi~ki

Thomas

Executive Director

700 STRATTON BUILDING

SPRINGFIELD,

ILLINOIS 62706

217/785-2254

January 11,2005

Attachments: None

---

CO-CHAIR:

SEN. MAGGIE

CROTTY

CO-CHAIR:

REP.

BRENT HASSERT

EXECUTIVE

DIRECTOR:

VICKI THOMAS

JOINT COMMITTEE

ON ADMINISTRATIVE RULES

ILLINOIS GENERAL ASSEMBLY

SEN. J. BRADLEY BURZYNSKI

SEN. JAMES

F.

CLAYBORNE,

JR.

SEN. STEVE RAUSCHENBERGER

SEN. DAN RUTHERFORD

SEN. IRA SILVERSTEIN

REP. TOM

HOLBROOK

REP. DAVID R.

LEITCH

REP. LARRY MCKEON

REP. DAVID MILLER

REP. ROSEMARY

MULLIGAN

JOINT COMMITTEE ON ADMINTSTRATIVE RULES

CERTIFICATION OF NO OBJECTION

TO PROPOSED RULEMAKING

This

is

to

certify

that

the

Joint

Committee

on

Administrative

Rules,

at

its

1/11/05

meeting,

considered Administrative Citations

(35

Ii!.

Adm.

Code

108), proposed by the Pollution Control

Board

and published in

the 5/7/04 issue of the Illinois

Register.

After consideration,

and based

upon the agreements, if any, for modification of the rulemaking made by the agency and attached

to

this

document,

the

Committee

determined

that

no

Objection

will

be

issued

to

the

above-

mentioned rulemaking.

Vicki Thomas

Executive Director

700 STRATTON

BUILDING

SPRINGFIELD, ILLINOIS

62706

217/785-2254

January 11, 2005

Attachments: None

---

SECOND NOTICE CHANGES

Agency:

Pollution Control Board

Rulemaking:

Enforcement

(35

Ill.

Adm.

Code

103; 28 Ill.

Reg.

6823)

Changes:

1.

Change lines 70 and 71

to:

“SOURCE: Originally adopted as Chapter 1: Procedural Rules, Part ifi, Enforcement

Proceedings, in R70-4,

at

1

PCB 43, October 8,

1970; amended in R80-2, at 39 PCB

456,

at 4 Iii. Reg.

39,

p.

285, effective September 12,

1980;

amended in R80-18,

at 44 PCB

125, at

5

Iii.

Reg.

14146, effective December 3,

1981;

codified at 6 Ill. Reg.

8357;

amended in R84-10 at 9 Ill. Reg.

1383, effective January 16,

1985;”.

2.

In line 72, delete “December 21,

1984;”.

1/5/04

---

CO-CHAIR:

SEN. MAGGIE CROTTY

CO-CHAIR:

REP. BRENT HASSERT

EXECUTIVE DIRECTOR:

VICKI THOMAS

JOINT COMMITTEE ON ADMINISTRATIVE RULES

ILLINOIS GENERAL ASSEMBLY

SEN. J. BRADLEY SURZYNSKI

SEN. JAMES

F.

CLAYBORNE, JR.

SEN.

STEVE RAUSCHENBERGER

SEN.

DAN RUTHERFORD

SEN. IRA SILVERSTEIN

REP. TOM HOLBROOK

REP. DAVID

H.

LEITCH

REP. LARRY McKEDN

REP. DAVID MILLER

REP. ROSEMARY

MULLIGAN

JOINT COMMITTEE ON ADMINISTRATIVE RULES

CERTIFICATION OF NO OBJECTION

TO PROPOSED RULEMAKING

This

is

to

certify

that

the

Joint

Committee

on

Administrative

Rules,

at

its

1/11/05

meeting,

considered Enforcement

(35

Ill.

Adm.

Code

103), proposed by the Pollution

Control Board and

published in the

5/7/04

issue

of the Illinois

Register.

After

consideration, and based

upon

the

agreements, if any,

for modification of the rulemaking made by the agency and

attached to

this

document,

the Committee

determined that no

Objection

will be

issued

to

the

above-mentioned

rulemaking.

V~kiThomas

Executive Director

January 11,2005

700 STRATTON

BUILDING

SPRINGFIELD, ILLINOIS

62706

217/785-2254

Attachments: Agreements

---

SECOND NOTICE

CHANGES

Agency:

Pollution Control Board

Rulemaking:

Proceedings Pursuant to Specific Rules or Statutory Provisions

(35

Ill.

Adm.

Code 106; 28 Ill. Reg.

6848)

Changes:

1.

Change lines 107-111:

“SOURCE:

Filedwith Secretary of State January

1,

1978; amended at 4 Ill. Reg.

2,

p.

186, effective December 27,

1979; codified at 6 Iii. Reg. 8357; amended in R85-22

at

10

Ill. Reg.

992, effective February 2,

1986; amended in R86-46

at 11111.

Reg.

13457,

effective August 4,

1987; amended in R82-1

at

12 Ill.

Reg.

12484,

effective July

13,

1988; amended in R88-10 at 12 Ill. Reg.

12817, effective July 21,

1988;

amended in R88-

5(A) at

13 Ill. Reg.

12094, effective July

10,

1989; amended in R88-5(B) at

14 Ill. Reg.

9442,

effective June

5,

1990; amended in R93-24 at

18 Ill. Reg. 4230,

effective March

8,

1994; amended in R93-30 at 18 Ill. Reg.

11579, effective July

11,

1994;

amended in R99-

9 at 23

Ill. Reg.

2697, effective February

16,

1999;”.

2.

In line

112, delete “January 16,

1985;”.

1/5/04

---

CO-CHAIR:

SEN. MAGGIE

CROTTY

CO-CHAIR:

REP. BRENT HASSERT

EXECUTIVE DIRECTOR:

VICKI THOMAS

JOiNT COMMITTEE

ONADMIIVISTRATIVE

RULES

ILLINOIS

GENERALASSEMBLY

SEN.

J.

BRADLEY BURZYNSKI

SEN. JAMES

F.

CLAYBORNE,

JR.

SEN. STEVE RAUSCHENBERGER

SEN. DAN

RUTHERFORD

SEN. IRA SILVERSTEIN

REP. TOM

HOLBROOK

REP. DAVID R.

LEITCH

REP.

LARRY McKEON

REP.

DAVID MILLER

REP.

ROSEMARY MULLIGAN

JOINT COMMITTEE ON ADMINISTRATIVE RULES

CERTIFICATION OF NO OBJECTION

TO PROPOSED RULEMAKING

This

is

to

certify

that

the

Joint

Committee

on

Administrative

Rules,

at

its

1/1 1/05

meeting,

considered Proceedings

Pursuant

to

Specific

Rules or Statutory

Provisions

(35

Ill.

Adm.

Code

106), proposed by the Pollution Control Board and published

in

the 5/7/04 issue of the Illinois

Register.

After

consideration,

and

based

upon the

agreements,

if any,

for modification

of the

rulemaking made by the

agency and

attached

to

this

document,

the Committee

determined that

no Objection will be issued to the above-mentioned rulemaking.

January 11,2005

700 STRATTON BUILDING

SPRINGFIELD,

ILLINOIS 62706

217/785-2254

Thomas

Executive Director

Attachments: Agreements

---

CO-CHAIR:

SEN. MAGGIE

CROTTY

CO-CHAIR:

REP. BRENT HASSERT

EXECUTIVE DIRECTOR:

VICKI THOMAS

JOiNT COMMiTTEE

ON

ADMINISTRATIVE

RULES

ILLINOIS GENERAL ASSEMBLY

SEN.

J. BRADLEY BURZYNSKI

SEN. JAMES

F. CLAYBORNE, JR.

SEN. STEVE RAUSCHENBERGER

SEN.

DAN RUTHERFORD

SEN. IRA SILVERSTEIN

REP. TOM HOLBROOK

REP. DAVID

R.

LEITCH

REP. LARRY McKEON

REP. DAVID MILLER

REP. ROSEMARY

MULLIGAN

JOINT COMMITTEE ON ADMiNISTRATIVE RULES

CERTIFICATION OF NO OBJECTION

TO PROPOSED RULEMAKING

This

is

to

certify

that

the

Joint

Committee

on

Administrative

Rules,

at

its

1/11/05

meeting,

considered Regulatory Relief Mechanisms

(35

Ill.

Adm.

Code

104), proposed by the Pollution

Control Board

and published in the 5/7/04 issue ofthe Illinois Register.

After consideration, and

based upon the agreements, if any,

for modification of the rulemaking made by the agency and

attached

to

this

document,

the

Committee

determined that

no

Objection

will be

issued

to

the

above-mentioned rulemaking.

Vicki Thomas

Executive Director

January 11,2005

700 STRATTON BUILDING

SPRINGFIELD, ILLINOIS 62706

217/785-2251

Attachments: None

---

SECOND NOTICE

CHANGES

Agency:

Pollution Control Board

Rulemaking:

Regulatory and Informational Hearings and Proceedings

(35

Ill.

Adm.

Code

102;

28 Ill. Reg. 6805)

Changes:

1.

In line 487, change

“identify”

to

“identity”.

12/21/04

3

of 2

---

1~-

CO-CHAIR:

SEN.

MAGGIE

CROTTY

CO-CHAIR:

REP.

BRENT HASSERT

EXECUTIVE DIRECTOR:

VICKI THOMAS

JOINT COMMITTEE ON ADMINISTRATIVE RULES

ILLINOIS

GENERALASSEMBLY

SEN. J. BRADLEY BURZYNSKI

SEN. JAMES

F.

CLAYBORNE,

JR.

SEN. STEVE RAUSCHENBERGER

SEN.

DAN RUTHERFORD

SEN.

IRA SILVERSTEIN

REP. TOM HOLBROOK

REP. DAVID

R.

LEITCH

REP. LARRY McKEON

REP. DAVID MILLER

REP. ROSEMARY

MULLIGAN

JOINT COMMITTEE ON ADMINISTRATIVE RULES

CERTIFICATION OF NO OBJECTION

TO PROPOSED RULEMAKING

This

is

to

certify

that

the

Joint

Committee

on

Administrative

Rules,

at

its

1/1 1/05

meeting,

considered Regulatory

and

Informational Hearings

and

Proceedings

(35

Ill.

Adm.

Code

102),

proposed

by

the

Pollution

Control

Board

and

published

in

the

5/7/04

issue

of the

Illinois

Register.

After

consideration, and

based

upon

the agreements,

if

any, for modification of the

rulemaking made by the agency and

attached

to

this

document,

the Committee

determined that

no

Objection will be issued to the above-mentioned rulemaking.

Thomas

Executive Director

January 11, 2005

700 STRATTON BUILDING

SPRINGFIELD,

ILLINOIS 62706

217/785-2254

Attachments: Agreements

---

CO-CHAIR:

SEN. MAGGIE

CROTTY

CO-CHAIR:

REP. BRENT HASSERT

EXECUTIVE DIRECTOR:

VICKI THOMAS

JOINT COMMITTEE

ONADMINISTRATIVE RULES

ILLINOIS GENERAL ASSEMBLY

SEN. J. BRADLEY BURZYNSKI

SEN. JAMES

F.

CLAYBORNE, JR.

SEN. STEVE RAUSCHENBERGER

SEN.

DAN RUTHERFORD

SEN. IRA SILVERSTEIN

REP. TOM HOLBROOK

REP. DAVID

R. LEITCH

REP. LARRY McKEON

REP. DAVID MILLER

REP. ROSEMARY

MULLIGAN

JOINT COMMITTEE ON ADMINISTRATIVE RULES

CERTIFICATION OF NO OBJECTION

TO PROPOSED RULEMAKING

This

is

to

certify

that

the

Joint

Committee

on

Administrative

Rules,

at

its

1/1 1/05

meeting,

considered Appeals of Final Decisions of State

Agencies (35

Ill.

Adm.

Code

105),

proposed by

the Pollution

Control Board

and

published in

the

5/7/04

issue

of the

Illinois

Register.

After

consideration, and based

upon the agreements, if any, for modification of the rulemaking made

by the agency and attached to this document, the Committee determined that no Objection will be

issued to the above-mentioned rulemaking.

January 11,2005

700 STRATTON

BUILDING

SPRINGFIELD, ILLINOIS

62706

217/785-2254

Executive Director

Attachments: None

---

CO-CHAIR:

SEN.

MAGGIE CROTTY

CO-CHAIR:

REP.

BRENT HASSERT

EXECUTIVE DIRECTOR:

VICKI THOMAS

JOINT COMMITTEE ONADMINISTRATIVE RULES

ILLINOIS

GENERAL ASSEMBLY

SEN. J. BRADLEY BURZYNSKI

SEN.

JAMES

F.

CLAYBORNE,

JR.

SEN. STEVE RAUSCHENBERGER

SEN. DAN RUTHERFORD

SEN. IRA SILVERSTEIN

REP. TOM HOLBROOK

REP. DAVID

R. FITCH

REP. LARRY McKEON

REP. DAVID MILLER

REP. ROSEMARY MULLIGAN

JOiNT COMMITTEE ON ADMINISTRATIVE RULES

CERTIFICATION OF NO OBJECTION

TO PROPOSED RULEMAKING

This

is

to

certify

that

the

Joint

Committee

on

Administrative

Rules,

at

its

1/1 1/05

meeting,

considered General Rules

(35

Ill.

Adm.

Code

101), proposed by the Pollution Control Board and

published in

the 5/7/04

issue

of the Illinois

Register.

After

consideration, and based upon

the

agreements, if any,

for modification ofthe rulemaking made by the agency and

attached

to

this

document,

the Committee

determined that no

Objection

will be

issued

to

the above-mentioned

rulemaking.

January11, 2005

700 STRATtON

BUILDING

SPRINGFIELD, ILLINOIS

62706

217/785-2254

Executive Director

Attachments: None

---

CO-CHAIR:

SEN. MAGGIE

CROTTY

CO-CHAIR:

REP. BRENT HASSERT

EXECUTIVE DIRECTOR:

VICKI

THOMAS

JOINT COMMITTEE ON ADMINISTRATIVE RULES

ILLINOIS

GENERAL ASSEMBLY

SEN. J. BRADLEY BURZYNSKI

SEN. JAMES

F.

CLAYBORNE,

JR.

SEN. STEVE RAUSCHENBERGER

SEN. DAN

RUTHERFORD

SEN. IRA SILVERSTEIN

REP. TOM HOLBROOK

REP. DAVID

R.

LEITCH

REP. LARRY McKEON

REP. DAVID MILLER

REP. ROSEMARY

MULLIGAN

JOINT COMMITTEE ON ADMINISTRATIVE RULES

CERTIFICATION OF NO OBJECTION

TO PROPOSED RULEMAKING

This

is

to

certify

that

the

Joint

Committee

on

Administrative

Rules,

at

its

1/1 1/05

meeting,

considered Identification and Protection of Trade Secrets and Other Non-Disclosable Information

(35

Ill.

Adm.

Code

130), proposed by the Pollution

Control Board

and published in

the 5/7/04

issue

of the Illinois

Register.

After

consideration,

and

based

upon

the agreements,

if any,

for

modification

of

the

rulemaking

made

by

the

agency

and

attached

to

this

document,

the

Committee determined that no Objection will be issued to the above-mentioned rulemaking.

Vicki Thomas

Executive Director

January 11, 2005

700 STRATtON BUILDING

SPRINGFIELD, ILLINOIS 62706

217/785-2254

Attachments: None

---

CO-CHAIR:

SEN. MAGGIE

CROTTY

CO-CHAIR:

REP.

BRENT HASSERT

EXECUTIVE DIRECTOR:

VICKI THOMAS

JOINT COMMITTEE ONADMINISTRATIVE RULES

ILLINOIS GENERAL ASSEMBLY

SEN. J. BRADLEY

BURZYNSKI

SEN. JAMES

F. CLAYBORNE,

JR.

SEN. STEVE RAUSCHENBERGER

SEN. DAN

RUTHERFORD

SEN.

IRA SILVERSTEIN

REP. TOM

HOLBROOK

REP. DAVID R.

LEITCH

REP. LARRY McKEON

REP. DAVID MILLER

REP. ROSEMARY

MULLIGAN

JOINT COMMITTEE ON ADMINISTRATIVE RULES

CERTIFICATION OF NO

OBJECTION

TO PROPOSED RULEMAKING

This

is

to

certify

that

the

Joint

Committee

on

Administrative

Rules,

at its

1/1 1/05

meeting,

considered Petition

to

Review Pollution

Control

Facility

Siting Decisions

(35

Ill.

Adm.

Code

107), proposed by

the Pollution Control Board

and published in

the 5/7/04

issue

of the Illinois

Register.

After

consideration, and based

upon

the agreements,

if

any,

for modification of the

rulemaking made by the

agency and attached

to

this

document,

the Committee

determined that

no

Objection will be issued to the above-mentioned rulemaking.

January11, 2005

Executive Director

700 STRATTON BUILDING

SPRINGFIELD,

ILLINOIS 62706

217/785-2254

Attachments: None