ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

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

the Spring or Summer of 2005. 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

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

Address questions concerning this regulatory agenda as

follows:

 

Name: Erin Conley

Address: Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

G) Related rulemaking and other pertinent information:

 

For information regarding the Illinois EPA’s development of this

proposal, please contact:

 

Name: Charles Matoesian

Address: Illinois Environmental Protection Agency

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

Springfield, Illinois 62794-9276

Telephone: (217) 782-5544

Internet: epa8855@epa.state.il.us

 

 

l) Part (Heading and Code Citation):

 

WATER QUALITY STANDARDS PART 302 AND 303 (35 Ill. Adm. 302 & 303)

 

1) Rulemaking: R05-10

 

A) Description:

The Illinois Environmental Protection Agency (IEPA) filed a rulemaking

proposal with the Board relating to E. coli standards for Lake Michigan

and Illinois’ portion of the Mississippi River. The rulemaking proposes to

establish E. coli standards consistent with the expectations of U.S. EPA.

 

B) Statutory authority:

 

Implementing and authorized by Section 27 of the Environmental

Protection Act [415 ILCS 5/27]

 

C) Schedule meeting/hearing date:

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

 

The IEPA filed its regulatory proposal with Board on November 8, 2004.

No meetings or hearing are scheduled at this time. The Board will

conduct public hearings in accordance with the requirements established

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

5/27 & 28].

 

D) Date agency anticipates First Notice:

 

The Board anticipates filing this rulemaking for first notice publication in

the Spring or Summer of 2005.

 

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

corporations:

 

This rule could indirectly affect facilities that discharge pollutants since

water quality standards are used in determining National Pollutant

Discharge Elimination System permits. Also, beach managers and

businesses in beach areas may be indirectly affected by this proposed rule

since water quality standards are used in making decisions concerning

beach advisories and closings. However, since the Illinois Department of

Public Health already uses the E. coli standard to regulate designated

bathing beaches, no actual new impact is likely.

 

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

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

 

G) Related rulemakings and

other pertinent information:

 

No other presently known Board proceedings would potentially impact the

general provisions of Parts 302 and 303.

 

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

contact the following IEPA attorney:

 

Name: Stefanie Diers

Address: Illinois Environmental Protection Agency

Division of Legal Counsel

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

 

 

m) 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:

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 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:

 

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

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

the Spring or Summer of 2005. After the filing of a proposal by the

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

Amendments in the Illinois Register.

 

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

corporations:

 

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

profit corporation that discharges particular contaminates into waters of

the State.

 

F) Agency contact person for information:

 

Address written comments concerning the substance of the

rulemaking as follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite

11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda as

follows:

 

Name: Erin Conley

Address: Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

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

 

 

n) 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:

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 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:

 

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

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

Spring or Summer of 2005. After the filing of a proposal by the IEPA, the

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

Illinois Register

.

 

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

corporations:

 

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

profit corporation that discharges 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:

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

 

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

 

 

o) Part (Heading and Code Citation):

 

EFFLUENT STANDARDS (35 Ill. Adm. Code 304)

 

1) Rulemaking: R04-26

 

A) Description:

 

On June 3, 2004, the Board accepted for hearing a proposal filed by the

Illinois Environmental Protection Agency (IEPA) on May 14, 2004 to set

an interim phosphorus effluent standard by adding five new subsections

(g-k) to existing 35 Ill. Adm. Code 304.123.

 

The phosphorus effluent limit of 1.0 milligrams per liter (mg/l) as a

monthly average would apply to new or expanded discharges from

treatment works with a design average flow greater than 1.0 million

gallons per day (mgd) receiving municipal or domestic wastewater, or a

total phosphorus effluent load of 25 lbs/day or more. However, if the

source can demonstrate that phosphorus is not limiting nutrient in the

receiving water or that alternative phosphorus effluent limits are warranted

by the aquatic environment in the receiving water, the 1.0 mg/l limit would

not apply. Since these standards apply only to new or expanded

discharges, existing facilities are “grandfathered in”, and would not have

to meet the proposed interim standard.

 

In its statement of reasons, the IEPA asserts that it is in the process of

developing the State numeric nutrient standards pursuant to its triennial

water quality standards review, and that a final effluent level would be

included as part of the nutrient standards rulemaking that IEPA plans to

file with the Board in early 2007. In the interim, the IEPA is proposing

the 1.0 mg/l effluent standard for phosphorus to limit higher

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POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

concentrations of phosphorus that may result in detrimental levels of plant

and algae growth.

 

 

B) Statutory authority:

 

Implementing and authorized by Sections 13, and 27 of the Environmental

Protection Act [415 ILCS 5/13 & 27].

 

C) Scheduled meeting /hearing date:

 

The Board has held hearings in this rulemaking on August 30, 2004 in

Chicago and on October 25, 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 Spring or Summer of 2005.

 

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

corporations:

 

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

profit corporation that discharges into the waters of Illinois.

 

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

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

G) Related rulemaking and other pertinent information:

 

  

  

  

No other presently known Board proceedings would potentially impact the

general provisions of Part 304.

 

 

p) Parts (Headings and Code Citations):

 

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

Pretreatment Programs (35 Ill. Adm. Code 310)

 

1) Rulemaking: Docket number R05-15

 

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 R05-15 to accommodate any

amendments to the federal wastewater pretreatment rules, 40 CFR 400

through 499, that the USEPA may have made in the period July 1, 2004

through December 31, 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 inadvertently deleted from two

pages of the regulations; they are not substantive

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

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JANUARY 2005 REGULATORY AGENDA

 

 

amendments in coming weeks, by about mid-February 2005. The Board

will then propose corresponding amendments to the Illinois SDWA

regulations using the identical-in-substance procedure under docket R05-

15, 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 R05-15, if the earliest federal

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-February 2005, 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

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

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 R05-15, as follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda, noting docket

number R05-15, as follows:

 

Name: Michael J. McCambridge, Attorney

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Telephone: 312-814-6924

Internet: mccambm@ipcb.state.il.us

 

G) Related rulemakings and

other pertinent information:

 

No other presently-known 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.

 

 

q) Part (Heading and Code Citation):

 

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

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

1) Rulemaking: No docket presently reserved

 

A) Description:

 

The Illinois Environmental Protection Agency (IEPA) is currently

preparing a rulemaking proposal for filing before the Board relating to

land application of sewage sludge. The rules would establish pollutant

limits, pathogen reduction requirements, and vector control measures

applicable to sludge that is applied to land.

 

B) Statutory authority:

 

Implementing and authorized by Sections 11 and 27 of the Environmental

Protection Act [415 ILCS 5/11 & 27]

 

C) Schedule meeting/hearing date:

 

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 Spring or Summer of 2005. 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

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda as follows:

 

Name: Erin Conley, Rules Coordinator

Address: Pollution Control Board

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: Stefanie 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

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

Springfield, Illinois 62794-9276

Telephone: 217-782-0810

 

 

r) Part(s) (Heading

and Code Citation):

 

AGRICULTURE RELATED WATER POLLUTION (35 Ill. Adm. Code Subtitle E)

 

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 Spring or

Summer of 2005. The Board will conduct proceedings pursuant to

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

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

Amendments to appear in the

Illinois Register

when it decides to propose

amendments for First Notice.

 

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E) Affect on small businesses, small municipalities or not for profit

corporations:

 

This rule could affect any agri business that meets the federal definition of

a Concentrated Animal Feeding Operation.

 

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

 

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POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

 

 

s) Part (Heading and Code Citation):

 

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

 

1) Rulemaking: Docket number R05-17

 

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 R05-17 to accommodate any

amendments to the SDWA national primary drinking water standards, 40

CFR 141 through 143, that the United States Environmental Protection

Agency (USEPA) may make in the period July 1, 2004 through December

31, 2004. At this time, the Board is aware that USEPA undertook one

action that affected the text of the federal drinking water regulations:

 

August 25, 2004 (69 Fed. Reg. 52176)

USEPA approved three additional analytical methods for uranium

in drinking water that use inductively-coupled plasma-mass

spectrometry.

 

Since the federal action of August 25, 2004 was so closely related to the

federal action of June 2, 2004, involved in the previous SDWA update

docket, R05-6, the Board included the Action of August 25, 2004 in that

docket. At this time, the Board is not aware of any other federal

amendments to the federal SDWA regulations that might require Board

action.

 

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

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

February 2005. The Board will then propose corresponding amendments

to the Illinois SDWA primary drinking water regulations using the

identical-in-substance procedure or dismiss docket R05-17, as necessary

and appropriate.

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

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 R05-17, if the earliest federal amendments in the

applicable period are assumed to have occurred on the first day of the

update period, on July 1, 2004, the due date for Board adoption would be

July 1, 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].

 

C) Scheduled meeting/hearing dates:

 

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

amendments at an open meeting in accordance with requirements

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

hearing is required in identical-in-substance proceedings.

 

D) Date agency anticipates First Notice:

 

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

Board expects to verify any federal actions by mid-February 2005, after

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

drinking water rules that are necessary in response to the federal

amendments that have occurred. If the due date for Board adoption of

amendments in this docket is assumed to be July 1, 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

April 2005. 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

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JANUARY 2005 REGULATORY AGENDA

 

 

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 R05-17, as follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda, noting docket

number R05-17, as follows:

 

Name: Michael J. McCambridge, Attorney

Address: Pollution Control Board

100 West Randolph Street Suite 11-500

Chicago, Illinois 60601

Telephone: 312-814-6924

Internet: mccambm@ipcb.state.il.us

 

G) Related rulemakings and

other pertinent information:

 

The previous SDWA update docket, R05-6 is presently scheduled for

adoption by the Board by the beginning of February 2005. No other

presently-known proceeding would affect provisions of Part 611.

 

Section 17.5 of the Environmental Protection Act [415 ILCS 5/17.5]

provides that Title VII of the Act and Section 5 of the Administrative

Procedure Act (APA) shall not apply. Because this rulemaking is not

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

Second Notice review by the Joint Committee on Administrative Rules.

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

in the

Illinois Register

, and it will accept public comments on the proposal

for 45 days after the date of publication.

 

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

t) Parts (Headings and Code Citations):

 

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

 

1) Rulemaking: No docket presently reserved.

 

A) Description:

 

The Illinois Environmental Protection Agency's (IEPA) proposal will seek

to amend the public water supplies rules found in 35 Ill. Adm. Code 611 to

cross reference the IEPA’s own laboratory accreditation rules found at 35

Ill. Adm. Code 186. These prospective amendments to Sections 611.359,

611.611, 611.646, and 611.648 would cross-reference the laboratory

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

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

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

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

 

B) Statutory Authority:

 

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

5/27 & 28].

 

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 Spring or

Summer of 2005. The Board will conduct proceedings pursuant to

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

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

Amendments to appear in the

Illinois Register

when it decides to propose

amendments for First Notice.

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

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

corporations:

 

These amendments may affect small business, small municipalities, and

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

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

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

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

demonstrate compliance with the federally-derived National Primary

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

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

these entities because the program for national laboratory certification is

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

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

not increase.

 

F) Agency contact person for information:

 

Address written comments concerning the substance of the rulemaking as

follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

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 (q) above) and other, as yet

unknown proceedings could affect the text of Part 611.

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

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

 

 

u) Parts (Headings and Code Citations):

 

MAXIMUM SETBACK ZONES (35 Ill. Adm. Code 618—Part not yet reserved)

 

1) Rulemaking: R05-09

 

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

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:

 

The Board has scheduled hearings in this rulemaking for March 1, 2005, at

10:00 am at Pekin City Hall, Council Chambers - 2nd Floor, 111 South

Capitol Street, Pekin, IL; and Tuesday, April 5, 2005, at 10:00 am, James

R. Thompson Center, Room 2-025, 100 West Randolph Street, Chicago,

 

IL.

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

 

 

D) Date agency anticipates First Notice:

 

The Board will conduct proceedings pursuant to Sections 27 and 28 of the

Environmental Protection Act [415 ILCS 5/27 & 28] before sending this

rulemaking to 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

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.

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

F) Agency contact person for information:

 

Address written comments concerning the substance of the rulemaking as

follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda as follows:

 

Name: Erin Conley, Rules Coordinator

Address: Pollution Control Board

600 S. Second St., Suite 402

Springfield, Illinois 62704

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

G) Related rulemakings and

other pertinent information:

 

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

contact the following IEPA representative:

 

Name: Richard Cobb

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

 

 

v) 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 R05-18

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

 

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 R05-18 to accommodate any

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

during the period July 1, 2004 through December 31, 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-February 2005. The Board will then propose corresponding

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

substance procedure or dismiss docket R05-18, as necessary and

appropriate.

 

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

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

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

by about mid-February 2005. The Board will then propose corresponding

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

substance procedure under docket R05-18, as necessary and appropriate.

 

Section 13(c) mandates that the Board complete amendments within one

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

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

earliest USEPA action during the update period that will require Board

action is the first day of the update period, on July 1, 2004, the due date

for Board adoption of all amendments in the period would be July 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

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

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

hearing is required in identical-in-substance proceedings.

 

D) Date agency anticipates First Notice:

 

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

Board expects to verify any federal actions by mid-February 2005, after

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

rules that are necessary in response to the federal amendments that have

occurred. If the due date for Board adoption of amendments in this docket

is assumed to be July 1, 2005, the Board will vote to propose amendments

and cause a Notice of Proposed Amendments to appear in the

Illinois

Register

by early April 2005. This would be sufficiently in advance of the

due date to allow the Board to accept public comments on the proposal for

45 days before acting to adopt any amendments.

 

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

corporations:

 

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

for-profit corporation in Illinois to the extent the affected entity engages in

the underground injection of waste.

 

F) Agency contact person for information:

 

Address written comments concerning the substance of the rulemaking,

noting docket number R05-18, 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 R05-18, as follows:

 

Name: Michael J. McCambridge, Attorney

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Telephone: 312-814-6924

Internet: mccambm@ipcb.state.il.us

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

 

G) Related rulemakings and

other pertinent information:

 

The previous RCRA Subtitle C update docket, R05-2, and the rulemaking

proceeding entitled,

Mercury Wastes Under PA 93-0964: Amendments to

Standards for Universal Waste Management (35 Ill. Adm. Code Parts 703,

720, 721, 724, 725, 728, and 733)

, R05-8, are presently scheduled for

adoption by the Board by April 2005. The reserved RCRA Subtitle C

update docket R05-13 (see item (w) below), and other, as yet unknown,

unrelated Board proceedings may affect the text of Parts 702, 705, and

720. No other presently-known proceeding would affect Parts 730 and

738.

 

Section 13(c) of the Environmental Protection Act [415 ILCS 5/13(c)]

provides that Title VII of the Act and Section 5 of the Administrative

Procedure Act (APA) shall not apply. Because this rulemaking is not

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

Second Notice review by the Joint Committee on Administrative Rules.

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

in the

Illinois Register

, and it will accept public comments on the proposal

for 45 days after the date of publication.

 

 

w) Parts (Headings and Code Citations):

 

RCRA AND UIC Permit Programs (35 Ill. Adm. Code 702)

RCRA Permit Program (35 Ill. Adm. Code 703)

Procedures For Permit Issuance (35 Ill. Adm. Code 705)

Hazardous Waste Management System: General (35 Ill. Adm. Code 720)

Identification and Listing of Hazardous Waste (35 Ill. Adm. Code 721)

Standards Applicable to Generators of Hazardous Waste (35 Ill. Adm. Code 722)

Standards Applicable to Transporters of Hazardous Waste (35 Ill. Adm. Code 723)

Standards For Owners and Operators of Hazardous Waste Treatment, Storage, and

Disposal Facilities (35 Ill. Adm. Code 724)

Interim Status Standards for Owners and Operators of Hazardous Waste Treatment,

Storage, and Disposal Facilities (35 Ill. Adm. Code 725)

Standards for the Management of Specific Hazardous Waste and Specific Types of

Hazardous Waste Management Facilities (35 Ill. Adm. Code 726)

Land Disposal Restrictions (35 Ill. Adm. Code 728)

Standards for Universal Waste Management (35 Ill. Adm. Code 733)

Standards for The Management of Used Oil (35 Ill. Adm. Code 739)

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

1) Rulemaking: Docket number R05-13

 

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 R05-13 to accommodate any

amendments to the federal RCRA Subtitle C program, 40 CFR 260

through 270, 273, and 279, that USEPA made in the period July 1, 2004

through December 31, 2004. At this time, the Board is not aware of any

federal amendments to the federal RCRA Subtitle C hazardous waste

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

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

mid-February 2005. 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 R05-13, as

necessary and appropriate.

 

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

one year of the date on which the United States Environmental Protection

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

based. Assuming for the purposes of illustration that the earliest USEPA

action during the update period that will require Board action is the first

day of the update period, on July 1, 2004, the due date for Board adoption

of all amendments in the period would be July 1, 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.

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

D) Date agency anticipates First Notice:

 

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

Board expects to verify any federal actions by mid-February 2005, after

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

Subtitle C hazardous waste rules that are necessary in response to the

federal amendments that have occurred. If the due date for Board

adoption of amendments in this docket is assumed to be July 1, 2005, the

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

Amendments to appear in the

Illinois Register

by early March 2005. This

would be sufficiently in advance of the due date to allow the Board to

accept public comments on the proposal for 45 days before acting to adopt

any amendments.

 

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

corporations:

 

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

for-profit corporation that engages in the generation, transportation,

treatment, storage, or disposal of hazardous waste.

 

F) Agency contact person for information:

 

Address written comments concerning the substance of the rulemaking,

noting docket number R05-13, as follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda, noting docket

number R05-13, as follows:

 

Name: Michael J. McCambridge, Attorney

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Telephone: 312-814-6924

Internet: mccambm@ipcb.state.il.us

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

G) Related rulemakings and

other pertinent information:

 

The previous RCRA Subtitle C update docket, R05-2, and the rulemaking

proceeding entitled,

Mercury Wastes Under PA 93-0964: Amendments to

Standards for Universal Waste Management (35 Ill. Adm. Code Parts 703,

720, 721, 724, 725, 728, and 733)

, R05-8, are presently scheduled for

adoption by the Board by April 2005. The reserved UIC update docket

R05-18 (see item (v) above), and other, as yet unknown, unrelated Board

proceedings may affect the text of Parts 702, 705, and 720. No other

presently-known proceeding would affect Parts 703, 721, 722, 723, 724,

725, 726, 728, 733, and 739.

 

Section 22.4(a) of the Environmental Protection Act [415 ILCS 5/22.4(a)]

provides that Title VII of the Act and Section 5 of the Administrative

Procedure Act (APA) shall not apply. Because this rulemaking is not

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

Second Notice review by the Joint Committee on Administrative Rules.

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

in the

Illinois Register

, and it will accept public comments on the proposal

for 45 days after the date of publication.

 

 

x) Part (Heading and Code Citation):

 

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

 

1) Rulemaking: Docket number R05-14

 

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 R05-14 to accommodate any

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

period July 1, 2004 through December 31, 2004. At this time, the Board is

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

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

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

coming weeks, by about mid-February 2005. The Board will then propose

corresponding amendments to the Illinois UST regulations using the

identical-in-substance procedure or dismiss docket R05-14, as necessary

and appropriate.

 

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

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

amendments are based. Assuming for the purposes of illustration that

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

day of the update period, on July 1, 2004, the due date for Board adoption

would be July 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.

 

D) Date agency anticipates First Notice:

 

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

Board expects to verify any federal actions by mid-February 2005, after

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

regulations that are necessary in response to the federal amendments that

have occurred. If the due date for Board adoption of amendments in this

docket is assumed to be July 1, 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 April 2005. This

would be sufficiently in advance of the due date to allow the Board to

accept public comments on the proposal for 45 days before acting to adopt

any amendments. Alternatively, if no amendment to the Illinois

regulations is needed, the Board would promptly dismiss this reserved

docket.

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

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

corporations:

 

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

for-profit corporation that owns or operations USTs.

 

F) Agency contact person for information:

 

Address written comments concerning the substance of the rulemaking,

noting docket number R05-14, as follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda, noting docket

number R05-14, as follows:

 

Name: Michael J. McCambridge, Attorney

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Telephone: 312-814-6924

Internet: mccambm@ipcb.state.il.us

 

G) Related rulemakings and

other pertinent information:

 

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.

 

 

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

 

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

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

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;

June 21, 22, and 23 in Springfield; and 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 Spring or Summer of 2005.

 

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:

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

Address written comments concerning the substance of the rulemaking as

follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda as follows:

 

Name: Erin Conley, Rules Coordinator

Address: Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

 

G) Related Rulemaking and other pertinent information:

 

For information regarding the development of these amendments please

contact:

 

M. Kyle Rominger

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, IL 62794-9276

217-782-5544

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

 

 

z) 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:

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

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;

June 21, 22, and 23 in Springfield; and 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 Spring or Summer of 2005.

 

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

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

 

Address questions concerning this regulatory agenda as follows:

 

Name: Erin Conley, Rules Coordinator

Address: Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

G) Related Rulemaking and other pertinent information:

 

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

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

 

For information regarding the development of these amendments please

contact:

 

M. Kyle Rominger

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, IL 62794-9276

217-782-5544

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

 

 

 

aa) 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

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

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 Spring or Summer of

2005, after which the Board will cause publication of a Notice of Proposed

Amendments in the

Illinois Register

.

 

E) Effect on Small Business, Small Municipalities, or Not-for-Profit

Corporations:

 

The amendments may affect any small business, small municipality or

not-for-profit corporation subject to the Board’s tiered approach to

corrective action rules

 

F) Agency Contact Person for Information:

 

Address written comments concerning the substance of the rulemaking as

follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda as follows:

 

Name: Erin Conley, Rules Coordinator

Address: Pollution Control Board

1021 North Grand Avenue East

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

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

 

 

bb) 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 including threats to adjacent properties, their occupants,

or potable water supplies,certain of these sites create or attract a

heightened level of public attention or concern. For these sites and others

that attract public concern, the Illinois EPA expects to propose

amendments to Part 740 requiring some combination of public notice and

Community Relations Workplans. 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. This proposal will

be part of the Agency’s response to House Resolution 1010 directing the

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

Illinois EPA to strengthen its public outreach efforts whenever

exceedences of applicable health or safety standards are identified. (H.R.

1010, 93

rd

General Assembly (2004)).

 

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 Spring or Summer of

2005 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:

 

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,

establishing a document repository, preparing and updating a fact sheet

with identification, history and plans for the remediation site, and

proposing a schedule for implementation of the workplan. 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:

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

Address written comments concerning the substance of the rulemaking as

follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda as follows:

 

Name: Erin Conley, Rules Coordinator

Address: Pollution Control Board

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:

 

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

 

 

cc) 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:

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

 

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:

 

The IEPA anticipates submitting its proposal in the Spring or Summer of

2005, 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

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

Address questions concerning this regulatory agenda as follows:

 

Name: Erin Conley, Rules Coordinator

Address: Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

 

G) Related Rulemaking and other pertinent information:

 

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

Code 740 in conjunction with the proposal of Part 743.

 

For information regarding the development of these amendments please

contact:

 

Name: Judith S. Dyer

Address: 1021 N. Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

Telephone: (217) 782-5544

 

 

dd) 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:

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

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 Spring 2005, 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 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

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

 

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

 

 

ee) 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 R05-12

 

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 R05-12 to accommodate any

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

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

USEPA may make in the period July 1, 2004 through December 31, 2004.

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

federal RCRA Subtitle D MSWLF regulations. The Board will verify the

existence of any other federal actions and the Board action required in

response to each in coming weeks, by about mid-February 2005. 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 R05-12, as necessary and

appropriate.

 

Section 22.40(a) mandates that the Board complete its amendments within

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

amendments are based. In docket R05-12, if the earliest federal

amendments in the applicable period is assumed to have occurred on the

first day of the update period, on July 1, 2004, the due date for Board

adoption of all amendments in the period would be July 1, 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-February 2005, 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 July 1, 2005, the Board will

vote to propose amendments and cause a Notice of Proposed Amendments

to appear in the

Illinois Register

by April 2005. This would be sufficiently

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

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

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 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 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 R05-12, 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 R05-12, as follows:

 

Name: Michael J. McCambridge, Attorney

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Telephone: 312-814-6924

Internet: mccambm@ipcb.state.il.us

 

G) Related rulemakings and

other pertinent information:

 

The previous RCRA Subtitle D update docket, R05-1, is presently

scheduled for adoption by the Board by March 2005.

 

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.

 

 

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

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

 

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

 

1) Rulemaking: No docket presently reserved.

 

A) Description:

 

New rules containing operating standards for certain recycling facilities

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

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

containers, or textiles are recycled.

 

B) Statutory Authority:

 

 

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

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

 

C) Scheduled Meeting/Hearing Dates:

 

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 Spring or Summer of

2005, 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

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda as follows:

 

Name: Erin Conley, Rules Coordinator

Address: Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

 

G) Related Rulemaking and other pertinent information:

None

 

For information regarding the development of these amendments please

contact:

 

M. Kyle Rominger, Assistant Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

217-782-5544

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

 

 

gg) 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

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

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:

 

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 Spring

2005, 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

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

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:

 

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

 

hh) Part(s), (Headings

and Code Citations):

 

 

SOUND EMISSION STANDARDS AND LIMITATIONS FOR PROPERTY

LINE-NOISE-SOURCES (35 Ill. Adm. Code 901)

MEASUREMENT PROCEDURES FOR THE ENFORCEMENT OF 35 ILL.

ADM. CODE 900 & 901 (35 Ill. Adm. Code 910) New Part

 

1) Rulemaking: R03-09

 

A) Description:

 

The Illinois Pollution Control Board opened this rulemaking to

update Parts 901 and 910 of its noise regulations found in 35 Ill.

Adm. Code Subtitle H.

The proposed changes to Part 901 replace the existing 1965

Standard Land Use Coding Manual (SLUCM) codes with the

Land-Based Classification Standards (LBCS) codes, a consistent

model for classifying land uses based on a multi-dimensional land

use classification model based land classification. The proposed

changes to Section 901.104 clarify that the impulsive sound

standards are based on 1-hour A-weighted equivalent sound levels.

The Board also proposes to revise the numeric standards to bring

highly impulsive noise standards into conformity with the

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

standards set forth in Sections 901.102 and 901.103 in terms of the

effective community response.

 

This proposal includes the revision of outdated numerical sound

emission standards for property line noise sources found at 35 Ill.

Adm. Code Parts 901

 

The proposed new Part 910 sets forth the measurement procedures

for enforcing the Board’s noise standards in Parts 900 and 901.

These procedures are essentially based upon the Illinois

Environmental Protection Agency’s noise measurement protocols

at 35 Ill. Adm. Code 951. In addition to the measurement

techniques, the proposal contains general requirements and specific

instrument requirements. The proposed Appendix A includes

tables (obtained from extensive measurements) that can be used to

determine the long-term background ambient noise levels in

instances where direct measurements cannot be made.

 

   

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:

 

The Board has held hearings in this rulemaking on May 1, 2003; May 15,

2003; February 10, 2004; and November 4, 2004

 

D) Date Agency anticipates First Notice:

 

The Board anticipates filing this proposal for first notice in the Spring or

Summer of 2005.

 

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 engages in noise consulting or that emits noise

beyond the boundaries of its property.

 

F) Agency contact person for information:

 

---

ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2005 REGULATORY AGENDA

 

 

Address written comments concerning the substance of the rulemaking as follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda as follows:

 

Name: Erin Conley, Rules Coordinator

Address: Pollution Control Board

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 the Board’s noise

regulations.