ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2005 REGULATORY AGENDA

 

 

 

1) Rulemaking: No docket presently reserved.

 

A) Description:

 

This rulemaking will make amendments to address the new PM 2.5

standard and incorporate the new 8-hour ozone standard.

 

B) Statutory authority:

 

Implementing Sections 9 and 10 of the Environmental Protection Act

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

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

 

C) Scheduled meeting /hearing date:

 

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

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

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

 

D) Date agency anticipates First Notice:

 

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

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

the Fall or Winter 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

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2005 REGULATORY AGENDA

 

 

11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda as

follows:

 

Name: Erin Conley

Address: Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

G) Related rulemaking and other pertinent information:

 

For information regarding the Illinois EPA’s development of this

proposal, please contact:

 

Name: Charles Matoesian

Address: Illinois Environmental Protection Agency

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

Springfield, Illinois 62794-9276

Telephone: (217) 782-5544

Internet: epa8855@epa.state.il.us

 

 

j) Part (Heading and Code Citation):

 

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

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POLLUTION CONTROL BOARD

 

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when issuing National Pollutant Discharge Elimination System permits

pursuant to 415 ILCS 5/39(b) and water quality certifications required by

33 U.S.C. §1341.

 

B) Statutory authority:

 

Implementing and authorized by Sections 11, 13, and 27 of the

Environmental Protection Act [415 ILCS 5/11, 13 & 27].

 

C) Scheduled meeting /hearing date:

 

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

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

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

 

D) Date agency anticipates First Notice:

 

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

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

the Fall or Winter of 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

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 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:

 

Toby Frevert

Bureau of Water

Illinois Environmental Protection Agency

1021 North Grand Ave. East

P.O. Box 19276

Springfield, Il. 62794-9276

217-782-1654

 

 

k) Part (Heading and Code Citation):

 

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

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2005 REGULATORY AGENDA

 

 

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

Sanitary and Ship Canal to the Interstate 55 bridge.

 

B) Statutory authority:

 

Implementing and authorized by Sections 11, 13, and 27 of the

Environmental Protection Act [415 ILCS 5/11, 13 & 27].

 

C) Scheduled meeting /hearing date:

 

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

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

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

 

D) Date agency anticipates First Notice:

 

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

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

Fall or Winter of 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

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2005 REGULATORY AGENDA

 

 

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

G) Related rulemaking and other pertinent information:

 

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

please contact:

 

Deborah J. Williams

Division of Legal Counsel

Illinois Environmental Protection Agency

1021 North Grand Ave. East

P.O. Box 19276

Springfield, Il. 62794-9276

217-782-5544

 

 

l) Parts (Headings and Code Citations):

 

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

Pretreatment Programs (35 Ill. Adm. Code 310)

 

1) Rulemaking: Docket number R06-2

 

A) Description:

 

Section 13.3 of the Environmental Protection Act [415 ILCS 5/13.3]

mandates that the Board update the Illinois wastewater pretreatment

regulations to reflect revisions made to the federal wastewater

pretreatment rules made by the United States Environmental Protection

Agency (USEPA).

 

The Board has reserved docket number R06-2 to accommodate any

amendments to the federal wastewater pretreatment rules, 40 CFR 400

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

2005 through June 30, 2005. At this time, the Board is aware of one set of

federal amendments to the federal wastewater pretreatment regulations

that occurred during this update period. That set is described as follows:

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2005 REGULATORY AGENDA

 

 

70 Fed. Reg. 5058 (February 1, 2005)

USEPA adopted corrections to the pretreatment standards for the

transportation equipment cleaning source category.

 

The prior consolidated wastewater pretreatment docket, R05-4/R05-15,

also involved amendments to Part 307. For the purposes of administrative

economy, the Board included the federal action of February 1, 2005 in that

docket. The Board has already adopted those amendments. No further

Board action is necessary on the federal amendments of February 1, 2005.

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.

 

The Board will verify the existence of any federal actions that may affect

the text of the federal wastewater pretreatment regulations and the Board

action required in response to each set of federal amendments in coming

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

corresponding amendments to the Illinois wastewater pretreatment

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

18, as necessary and appropriate.

 

Section 13.3 of the Act mandates that the Board complete amendments

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

which the amendments are based. In docket R06-2, if the earliest federal

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

first day of the update period, on January 1, 2005, the due date for Board

adoption would be January 1, 2006.

 

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].

 

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JULY 2005 REGULATORY AGENDA

 

 

C) Scheduled meeting/hearing dates:

 

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

amendments at an open meeting in accordance with requirements

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

hearing is required in identical-in-substance proceedings.

 

D) Date agency anticipates First Notice:

 

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

Board expects to verify any federal actions by mid-August 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 January 1, 2006, the Board

will vote to propose amendments and cause a Notice of Proposed

Amendments to appear in the

Illinois Register

by October 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

wastewater pretreatment rules is needed, the Board would promptly

dismiss this reserved docket.

 

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

corporations:

 

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

for-profit corporation that pretreatment engages in the discharge of

pollutants into the collection system of a publicly-owned treatment works

that is the subject of any federal amendments.

 

F) Agency contact person for information:

 

Address written comments concerning the substance of the rulemaking,

noting docket number R06-2, 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

 

JULY 2005 REGULATORY AGENDA

 

 

Address questions concerning this regulatory agenda, noting docket

number R06-2, as follows:

 

Name: Michael J. McCambridge, Attorney

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Telephone: 312-814-6924

Internet: mccambm@ipcb.state.il.us

 

G) Related rulemakings and

other pertinent information:

 

Section 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.

 

 

 

m) Part (Heading and Code Citation):

 

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

 

1) Rulemaking: No docket presently reserved

 

A) Description:

 

The Illinois Environmental Protection Agency (IEPA) is currently

preparing a rulemaking proposal for filing before the Board relating to

land application of sewage sludge. The rules would establish pollutant

limits, pathogen reduction requirements, and vector control measures

applicable to sludge that is applied to land.

 

B) Statutory authority:

 

Implementing and authorized by Sections 11 and 27 of the Environmental

Protection Act [415 ILCS 5/11 & 27]

 

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POLLUTION CONTROL BOARD

 

JULY 2005 REGULATORY AGENDA

 

 

C) Schedule meeting/hearing date:

 

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

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

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

 

D) Date agency anticipates First Notice:

 

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

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

during the Fall or Winter of 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

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:

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2005 REGULATORY AGENDA

 

 

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

Springfield, Illinois 62794-9276

Telephone: 217-782-0810

 

 

n) Parts (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

Concentrated Animal Feeding Operation National Pollutant Discharge

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JULY 2005 REGULATORY AGENDA

 

 

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

and caselaw reviewing these regulations. See Waterkeeper Alliance et al

v. U.S. EPA, 2005 Westlaw 453139 (Feb. 28, 2005).

 

B) Statutory Authority:

 

Implementing and authorized by Sections 11, 13, and 27 of the

Environmental Protection Act [415 ILCS 5/11, 13 & 27].

 

C) Scheduled meeting/hearing dates:

 

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

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

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

 

D) Date agency anticipates First Notice:

 

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

Winter of 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.

 

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

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 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:

 

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

 

 

 

o) Part (Heading and Code Citation):

 

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

 

1) Rulemaking: Docket number R06-4

 

A) Description:

 

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

mandates that the Board update the Illinois SDWA regulations to reflect

the USEPA amendments to the federal Safe Drinking Water Act (SDWA)

primary drinking water regulations.

 

The Board has reserved docket number R06-4 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 January 1, 2005 through June

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2005 REGULATORY AGENDA

 

 

30, 2005. At this time, the Board is not aware of any federal amendments

to the federal primary drinking water regulations that occurred during this

update period.

 

The Board will verify the existence of any federal actions that may affect

the text of the federal primary drinking water standards and the Board

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

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 R06-4, as necessary and

appropriate.

 

Section 17.5 mandates that the Board complete its amendments within one

year of the date on which the United States Environmental Protection

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

based. In docket R06-4, if the earliest federal amendments in the

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

update period, on January 1, 2005, the due date for Board adoption would

be January 1, 2006.

 

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-August 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 January 1, 2006, 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

 

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by October 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

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 R06-4, as follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda, noting docket

number R06-4, as follows:

 

Name: Michael J. McCambridge, Attorney

Address: Pollution Control Board

100 West Randolph Street Suite 11-500

Chicago, Illinois 60601

Telephone: 312-814-6924

Internet: mccambm@ipcb.state.il.us

 

G) Related rulemakings and

other pertinent information:

 

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

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POLLUTION CONTROL BOARD

 

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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.

 

 

p) Part (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 Fall or

Winter 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

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Amendments to appear in the

Illinois Register

when it decides to propose

amendments for First Notice.

 

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

corporations:

 

These amendments may affect small business, small municipalities, and

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

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

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

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

demonstrate compliance with the federally-derived National Primary

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

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

these entities because the program for national laboratory certification is

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

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

not increase.

 

F) Agency contact person for information:

 

Address written comments concerning the substance of the rulemaking as

follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

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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POLLUTION CONTROL BOARD

 

JULY 2005 REGULATORY AGENDA

 

 

G) Other pertinent information concerning these amendments:

 

Another prospective proceeding (see item (o) above) and other, as yet

unknown proceedings could affect the text of Part 611.

 

Interested persons may contact the IEPA about its prospective rulemaking

proposal as follows:

 

Name: Jim Shaw

Division of Laboratories

Illinois Environmental Protection Agency

Address: 1021 North Grand Avenue East

P. O. Box 19276

Springfield, IL 62794-9276

Telephone: 217-782-5544

 

 

q) Part (Headings and Code Citations):

 

MAXIMUM SETBACK ZONES (35 Ill. Adm. Code 618—Part 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].

 

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POLLUTION CONTROL BOARD

 

JULY 2005 REGULATORY AGENDA

 

 

C) Scheduled meeting/hearing dates:

 

The Board held hearings in this rulemaking on March 1, 2005, at the Pekin

City Hall, Council Chambers; and on Tuesday, April 5, 2005, in Chicago.

 

 

D) Date agency anticipates First Notice:

 

The Board anticipates filing this rulemaking for first notice in the Summer

or Fall of 2005.

 

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

 

JULY 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

 

 

r) Parts (Headings and Code Citations):

 

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

UIC Permit Program (35 Ill. Adm. Code 704)

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

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

Underground Injection Control Operating Requirements (35 Ill. Adm. Code 730)

Hazardous Waste Injection Restrictions (35 Ill. Adm. Code 738)

 

1) Rulemaking: Presently reserved docket number R06-5

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 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 R06-5 to accommodate any

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

during the period January 1, 2005 through June 30, 2005. At this time, the

Board is aware of one set of federal amendments to the federal UIC

regulations that occurred during this update period. That set of

amendments is described as follows:

 

70 Fed. Reg. 9138 (February 24, 2005)

USEPA adopted a new hazardous waste listing for wastes from

production of dyes, pigments, and food, drug, and cosmetic

colorants. USEPA further instituted land disposal restrictions for

the newly listed K181 wastes, including underground injection

restrictions.

 

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

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

mid-August 2005. The Board will then propose corresponding

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

substance procedure or dismiss docket R06-5, as necessary and

appropriate.

 

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

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

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

earliest USEPA action during the update period that will require Board

action is February 24, 2005, the due date for Board adoption of all

amendments in the period would be February 24, 2006.

 

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].

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2005 REGULATORY AGENDA

 

 

C) Scheduled meeting/hearing dates:

 

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

amendments at an open meeting in accordance with requirements

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

hearing is required in identical-in-substance proceedings.

 

D) Date agency anticipates First Notice:

 

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

Board expects to verify any federal actions by mid-August 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 February 24, 2006, the Board will vote to propose

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

Illinois Register

by November 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 R06-5, as follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda, noting docket

number R06-5, as follows:

 

Name: Michael J. McCambridge, Attorney

Address: Pollution Control Board

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2005 REGULATORY AGENDA

 

 

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Telephone: 312-814-6924

Internet: mccambm@ipcb.state.il.us

 

G) Related rulemakings and

other pertinent information:

 

The reserved RCRA Subtitle C update docket R06-7 (see item (s) below),

and other, as yet unknown, unrelated Board proceedings may affect the

text of Parts 702, 705, and 720. No other presently-known proceeding

would affect Parts 730 and 738.

 

USEPA adopted the federal UIC amendments of February 24, 2005

together with closely associated amendments to the Resource

Conservation and Recovery Act (RCRA) Subtitle C hazardous waste

regulations. The UIC and RCRA Subtitle C amendments both relate to a

single new hazardous waste listing. Due to the related subject matter, and

for the purposes of administrative economy, the Board will likely

consolidate UIC update docket R06-5 together with RCRA Subtitle C

update docket R06-7 for single consideration and adoption.

 

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

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

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

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

Second Notice review by the Joint Committee on Administrative Rules.

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

in the

Illinois Register

, and it will accept public comments on the proposal

for 45 days after the date of publication.

 

 

s) Parts (Headings and Code Citations):

 

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

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

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

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

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

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

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

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

Disposal Facilities (35 Ill. Adm. Code 724)

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POLLUTION CONTROL BOARD

 

JULY 2005 REGULATORY AGENDA

 

 

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

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

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

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

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

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

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

 

1) Rulemaking: Docket number R06-7

 

A) Description:

 

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

mandates that the Board update the Illinois rules implementing Subtitle C

of the federal Resource Conservation and Recovery Act (RCRA) to reflect

the United States Environmental Protection Agency (USEPA)

amendments to the federal RCRA Subtitle C regulations.

 

The Board has reserved docket number R06-7 to accommodate any

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

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

2005 through June 30, 2005. At this time, the Board is aware of two sets

of federal amendments to the federal RCRA Subtitle C hazardous waste

regulations that occurred during this update period. Those sets of

amendments are described as follows:

 

70 Fed. Reg. 9138 (February 24, 2005)

USEPA adopted a new hazardous waste listing for wastes from

production of dyes, pigments, and food, drug, and cosmetic

colorants. USEPA further instituted land disposal restrictions for

the newly listed K181 wastes, including underground injection

restrictions.

 

70 Fed. Reg. 10776 (March 4, 2005)

USEPA adopted modifications to the hazardous waste manifest

system.

 

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

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

The Board will then propose corresponding amendments to the Illinois

RCRA Subtitle C hazardous waste regulations using the identical-in-

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2005 REGULATORY AGENDA

 

 

substance procedure or dismiss docket R06-7, 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 February

24, 2005, the due date for Board adoption of all amendments in the period

would be February 24, 2006.

 

B) Statutory authority:

 

Implementing and authorized by Sections 7.2, 22.4(a), and 27 of the

Environmental Protection Act [415 ILCS 5/7.2, 22.4(a) & 27].

 

C) Scheduled meeting/hearing dates:

 

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

amendments at an open meeting in accordance with requirements

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

hearing is required in identical-in-substance proceedings.

 

D) Date agency anticipates First Notice:

 

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

Board expects to verify any federal actions by mid-August 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 February 24,

2006, the Board will vote to propose amendments and cause a Notice of

Proposed Amendments to appear in the

Illinois Register

by early October

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

 

JULY 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 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 R06-7, as follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda, noting docket

number R06-7, as follows:

 

Name: Michael J. McCambridge, Attorney

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Telephone: 312-814-6924

Internet: mccambm@ipcb.state.il.us

 

G) Related rulemakings and

other pertinent information:

 

The reserved UIC update docket R06-5 (see item (r) above), and other, as

yet unknown, unrelated Board proceedings may affect the text of Parts

702, 705, and 720. No other presently-known proceeding would affect

Parts 703, 721, 722, 723, 724, 725, 726, 728, 733, and 739.

 

USEPA adopted the federal RCRA Subtitle C hazardous waste

amendments of February 24, 2005 together with closely associated

amendments to the underground injection control (UIC) regulations. The

RCRA Subtitle C and UIC amendments both relate to a single new

hazardous waste listing. Due to the related subject matter, and for the

purposes of administrative economy, the Board will likely consolidate

RCRA Subtitle C update docket R06-7 together with UIC update docket

R06-5 for single consideration and adoption.

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2005 REGULATORY AGENDA

 

 

 

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

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

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

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

Second Notice review by the Joint Committee on Administrative Rules.

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

in the

Illinois Register

, and it will accept public comments on the proposal

for 45 days after the date of publication.

 

 

t) Part (Heading and Code Citation):

 

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

 

1) Rulemaking: Docket number R06-1

 

A) Description:

 

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

mandates that the Board update the Illinois underground storage tank

(UST) regulations to reflect amendments to the United States

Environmental Protection Agency (USEPA) UST regulations. The

mandate specifically excludes federal amendments relating to the design,

construction, installation, general operation, release detection, release

reporting, release investigation, release confirmation, out-of-service

systems, and closure or financial responsibilities for USTs.

 

The Board has reserved docket number R06-1 to accommodate any

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

period January 1, 2005 through June 30, 2005. At this time, the Board is

not aware of any federal amendments that occurred during this update

period.

 

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

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

2005. The Board will then propose corresponding amendments to the

Illinois UST regulations using the identical-in-substance procedure or

dismiss docket R06-1, as necessary and appropriate.

 

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

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

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POLLUTION CONTROL BOARD

 

JULY 2005 REGULATORY AGENDA

 

 

amendments are based. Assuming for the purposes of illustration that

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

day of the update period, on January 1, 2005, the due date for Board

adoption would be January 1, 2006.

 

B) Statutory authority:

 

Implementing and authorized by Sections 7.2, 22.4(d), and 27 of the

Environmental Protection Act [415 ILCS 5/7.2, 22.4(d) & 27].

 

C) Scheduled meeting/hearing dates:

 

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

amendments at an open meeting in accordance with requirements

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

hearing is required in identical-in-substance proceedings.

 

D) Date agency anticipates First Notice:

 

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

Board expects to verify any federal actions by mid-August 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 January 1, 2006, for the purposes of illustration,

the Board would vote to propose amendments and cause a Notice of

Proposed Amendments to appear in the

Illinois Register

by early October

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.

 

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.

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2005 REGULATORY AGENDA

 

 

F) Agency contact person for information:

 

Address written comments concerning the substance of the rulemaking,

noting docket number R06-1, 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 R06-1, as follows:

 

Name: Michael J. McCambridge, Attorney

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Telephone: 312-814-6924

Internet: mccambm@ipcb.state.il.us

 

G) Related rulemakings and

other pertinent information:

 

No other presently-known proceeding would impact the text of Part 731.

 

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

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

Procedure Act (APA) [5 ILCS 100/5-35, 40] shall not apply. Because this

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

Notice or to Second Notice review by the Joint Committee on

Administrative Rules. Rather, the Board will cause a Notice of Proposed

Amendments to appear in the

Illinois Register

, and it will accept public

comments on the proposal for 45 days after the date of publication.

 

 

 

u) Part (Headings and Code Citation):

 

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

742)

 

1) Rulemaking: No docket presently reserved.

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2005 REGULATORY AGENDA

 

 

A) Description:

 

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

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

amendments, corrections, and clarifications to existing rules.

Additionally, technical documents that were used in drafting the rules

have been updated, necessitating amendments to the rules.

 

B) Statutory Authority:

 

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

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

58.5].

 

C) Scheduled Meeting/Hearing Dates:

 

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

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

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

 

D) Date Agency Anticipates First Notice:

 

The IEPA anticipates submitting its proposal in Fall or Winter of 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

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 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:

 

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

 

 

v) Part (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

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POLLUTION CONTROL BOARD

 

JULY 2005 REGULATORY AGENDA

 

 

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. Minimum

requirements for conducting potable water well surveys are likely to be

included.

 

B) Statutory Authority:

 

Sections 4(i), 27, and 28 of the Environmental Protection Act [415 ILCS

5/4(i), 27, 28]

 

C) Scheduled Meeting/Hearing Dates:

 

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

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

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

 

D) Date Agency Anticipates First Notice:

 

The IEPA anticipates submitting its proposal in the Fall or Winter of

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.

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POLLUTION CONTROL BOARD

 

JULY 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

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

 

 

w) Part (Headings and Code Citation):

 

SOLID WASTE AND SPECIAL WASTE HAULING (35 Ill. Adm. Code

Part 807 and 811)

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2005 REGULATORY AGENDA

 

 

 

1) Rulemaking: No docket presently reserved.

 

A) Description:

 

The Illinois Environmental Protection Agency is planning to propose

amendments to Part 807 Subpart F and Part 811 Subpart G relating to

Financial Assurance including adding evergreen renewal language to

several financial assurance mechanisms.

 

B) Statutory Authority:

 

These amendments will be proposed pursuant to Sections 21.1, 22 and 27

of the Environmental Protection Act [415 ILCS 5/21.1, 22 and 27]

 

C) Scheduled Meeting/Hearing Dates:

 

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

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

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

 

D) Date Agency Anticipates First Notice:

 

The IEPA anticipates submitting its proposal in 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

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2005 REGULATORY AGENDA

 

 

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda as follows:

 

Name: Erin Conley, Rules Coordinator

Address: Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

 

G) Related Rulemaking and other pertinent information:

 

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

Code 740 in conjunction with the proposal of Part 743.

 

For information regarding the development of these amendments please

contact:

 

Name: Stephanie Flowers

Address: Assistant Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

Telephone: 217-782-5544

E-Mail: Stephanie.Flowers@epa.state.il.us

 

 

x) 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 R06-6

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2005 REGULATORY AGENDA

 

 

 

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 R06-6 to accommodate any

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

USEPA may make in the period January 1, 2005 through June 30, 2005.

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

federal RCRA Subtitle D MSWLF regulations that occurred during this

update period. The Board will verify the existence of any other federal

actions and the Board action required in response to each in coming

weeks, by about mid-August 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 R06-6, 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 R06-6, if the earliest federal

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

first day of the update period, on January 1, 2005, the due date for Board

adoption of all amendments in the period would be January 1, 2006.

 

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.

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 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-August 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 January 1, 2006, the Board

will vote to propose amendments and cause a Notice of Proposed

Amendments to appear in the

Illinois Register

by October 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 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 R06-6, 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 R06-6, as follows:

 

Name: Michael J. McCambridge, Attorney

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Telephone: 312-814-6924

Internet: mccambm@ipcb.state.il.us

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2005 REGULATORY AGENDA

 

 

G) Related rulemakings and

other pertinent information:

 

No other presently-known proceedings would affect the text of Parts 807,

810, 811, 812, 813, 814, or 815.

 

Section 22.40(a) of the Environmental Protection Act [415 ILCS

5/22.40(a)] provides that Title VII of the Act and Section 5 of the

Administrative Procedure Act (APA) shall not apply. Because this

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

Notice or to Second Notice review by the Joint Committee on

Administrative Rules. Rather, the Board will cause a Notice of Proposed

Amendments to appear in the

Illinois Register

, and it will accept public

comments on the proposal for 45 days after the date of publication.

 

 

y) Part (Headings and Code Citations):

 

 

MANAGEMENT OF USED AND WASTE TIRES (35 Ill. Adm. Code 848)

 

1) Rulemaking: No docket presently reserved.

 

A) Description:

 

The Illinois Environmental Protection Agency is planning to

propose amendments to the Board’s regulations that will allow

better implementation of the used and waste tire management

program including changes necessary to make the Board’s rules

consistent with legislative amendments to Title XIV of the

Environmental Protection Act [415 ILCS 5/53 et seq.] resulting

from Public Act 92-0024.

 

   

B) Statutory authority:

 

Sections 27 and 55.2 of the Environmental Protection Act [415

ILCS 5/27 and 55.2].

 

C) Scheduled meeting/hearing dates:

 

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].

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2005 REGULATORY AGENDA

 

 

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

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

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2005 REGULATORY AGENDA

 

 

P.O. Box 19276

Springfield, IL 62794-9276

217-782-5544

Stephanie.Flowers@epa.state.il.us

 

 

 

z) Part (Headings and Code Citations):

 

PROCEDURES FOR PERMITTING CLEAN CONSTRUCTION OR DEMOLITION

DEBRIS FILL OPERATIONS (35 Ill. Adm. Code 825)(newPart).

 

1) Rulemaking:

 

A) Description:

 

The proposed new rule creates procedures for permitting clean

construction or demolition debris fill operations pursuant to new Section

22.51, contained in Senate Bill 431 (enrolled). Senate Bill 431 was

recently passed by the General Assembly.

 

  

  

  

B) Statutory authority:

 

Authorized by Section 22.51(c), see Senate Bill 431 (enrolled).

 

C) Scheduled meeting/hearing dates:

 

None yet scheduled.

 

D) Date agency anticipates First Notice:

 

None yet scheduled.

 

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

corporation:

 

Any small business, small municipality, or not-for-profit corporation

seeking to use clean construction or demolition debris as fill material in a

current or former quarry, mine, or other excavation will be subject to

Section 22.51 (see Senate Bill 431, enrolled).

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 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

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

G) Related rulemakings and

other pertinent information:

 

No other presently-anticipated proceedings would affect the text of Part

825.

 

aa) Parts (Headings and Code Citations):

 

STANDARDS AND REQUIREMENTS FOR NEW AND EXISTING MUNICIPAL

WASTE TRANSFER STATIONS (New Part)

INFORMATION TO BE SUBMITTED IN A PERMIT APPLICATION FOR A

MUNICIPAL WASTE TRANSFER STATION (New Part)

PROCEDURAL REQUIREMENTS FOR MUNICIPAL WASTE TRANSFER

STATION PERMITS (New Part)

 

 

1) Rulemaking: No docket presently reserved.

 

A) Description:

 

Municipal waste transfer stations currently are regulated under 35 Ill.

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

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

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2005 REGULATORY AGENDA

 

 

many of the specific requirements for transfer stations imposed through

permit conditions under Section 807.206. Transfer stations are increasing

in number and importance in Illinois’ waste management system. In

addition, the United States Environmental Protection Agency published in

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

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

practices in transfer station siting, design and operation to maximize

facilities’ effectiveness while minimizing their impact on the

community.” In light of these factors, the Illinois Environmental

Protection Agency ("Illinois EPA") is developing new Parts that will

provide more specific requirements for the design, construction, operation

and closure of municipal waste transfer stations as well as procedures for

obtaining permits. Included with municipal waste transfer stations

accepting garbage and general household and commercial waste are those

transfer stations accepting exclusively construction and demolition debris

and those used exclusively for landscape waste.

 

B) Statutory

authority:

 

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

28 of the Environmental Protection Act (“Act”) [415 ILCS 5/4(i), 21(d),

22, 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 in accordance with Sections 27 and

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

 

D) Date Agency anticipates First Notice:

 

Submission to the Board by the Illinois EPA may be as soon as the Fall or

Winter of 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:

 

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

corporations will not be affected by the proposal unless they receive

municipal waste for transfer prior to treatment or disposal. For those that

do, the substantive changes in requirements for design, construction and

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2005 REGULATORY AGENDA

 

 

operation are expected to be minimal with many existing transfer stations

already in compliance with most of the standards and requirements.

However, there may be some expense for upgrading existing transfer

stations.

 

F) Agency contact person for information:

 

Address written comments concerning the substance of the rulemaking as

follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda as follows:

 

Name: Erin Conley, Rules Coordinator

Address: Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone: 217-782-2471

Internet:

conleye@ipcb.state.il.us

 

G) Related rulemakings and

other pertinent information:

 

No other presently known proceeding will affect municipal waste transfer

stations.

 

For information regarding the development of these rules please contact:

 

Name: Mark Wight

Address: Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

217-782-5544

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

 

 

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2005 REGULATORY AGENDA