ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2006 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 Spring or Summer of 2006. 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

 

JANUARY 2006 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):

 

CONTROL OF MERCURY EMISSIONS FROM COAL-FIRED ELECTRIC

GENERATING UNITS (New Part)

 

1) Rulemaking: No docket presently reserved.

 

A) Description:

 

This rulemaking will address mercury emissions from coal-fired electric

generating units.

 

B) Statutory authority:

 

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ILLINOIS REGISTER

 

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JANUARY 2006 REGULATORY AGENDA

 

 

Implementing Section 9.10 of the Environmental Protection Act [415

ILCS 5/9.10]

 

C) Scheduled meeting /hearing date:

 

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

the Board in the Spring or Summer of 2006. No meetings or hearings are

scheduled at this time. Once the proposal is filed, the Board will hold

hearings in accordance with the requirements established by Sections 27

and 28 or 28.5 of the Environmental Protection Act [415 ILCS 5/27 and

28 or 28.5].

 

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 2006. 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 is not anticipated to affect small businesses or not-for-profit

corporations, but may affect small municipalities owning and operating

coal-fired electric generating units.

 

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

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2006 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:

 

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

please contact:

 

Name: Charles Matoesian

Gina Roccaforte

Address: Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

Telephone: (217) 782-5544

 

 

k) Part (Heading and Code Citation):

 

WATER QUALITY STANDARDS (35 Ill. Adm. Code 302)

 

1) Rulemaking: R04-25

 

A) Description:

This rulemaking is based on a proposal filed on April 19,

2004 by the Illinois Association of Wastewater Agencies

(IAWA). IAWA seeks to amend the Board’s rule

establishing general use water quality standards for dissolved

oxygen (35 Ill. Adm. Code 302.206). Under the existing

Board water quality standard, dissolved oxygen must not be

less than 6.0 milligrams per liter (mg/L) during at least 16

hours of any 24 hour period, nor less than 5.0 mg/L at any

time. The proposal filed by IAWA seeks to amend these

standards by explicitly providing that dissolved oxygen be

determined on a monthly basis and specifying that (a) during

the months of July through February, dissolved oxygen must

not be less than a one-day minimum concentration of 3.5

mg/L, and a seven-day mean minimum of 4.0 mg/L, and (b)

during the months of March through June, dissolved oxygen

must not be less than a one-day minimum concentration of

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2006 REGULATORY AGENDA

 

 

5.0 mg/L, and a seven-day mean of 6.0 mg/L. IAWA also

proposed definitions of “mean minimum” and “mean.”

 

B) Statutory authority:

 

Implementing Section 13 and authorized by Sections 11(b) and 27 of the

Environmental Protection Act [415 ILCS 5/13, 11(b), and 27]

 

C) Scheduled meeting /hearing date:

 

The Board has held hearings in this rulemaking on June 29, 2004, August

12, 2004, and August 25, 2005.

 

D) Date agency anticipates First Notice:

 

The Board anticipates that this rulemaking might be adopted for first

notice publication sometime in Spring or Summer of 2006.

 

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

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2006 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:

See item (l) below for possible amendments that would also affect Part

302.

 

l) Part (Heading and Code Citation):

 

WATER QUALITY STANDARDS (35 Ill. Adm. Code 302)

 

1) Rulemaking: No docket presently reserved.

 

A) Description:

 

The Illinois Environmental Protection Agency (IEPA) is currently

preparing a rulemaking proposal for filing before the Board relating to the

water quality standards for total dissolved solids, sulfate and chloride.

These amendments revise and add numeric water quality standards for the

protection of aquatic life. The amended water quality standards will be

used by the Illinois Environmental Protection Agency in ensuring

compliance with the Clean Water Act requirements at 33 U.S.C. §1313

when issuing National Pollutant Discharge Elimination System permits

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

33 U.S.C. §1341.

 

B) Statutory authority:

 

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

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

 

C) Scheduled meeting /hearing date:

 

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

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

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

 

D) Date agency anticipates First Notice:

 

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

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

the Spring or Summer of 2006. 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

 

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

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2006 REGULATORY AGENDA

 

 

1021 North Grand Ave. East

P.O. Box 19276

Springfield, Il. 62794-9276

217-782-1654

 

 

m) Part (Heading and Code Citation):

 

WATER USE DESIGNATIONS AND SITE SPECIFIC WATER QUALITY

STANDARDS (35 Ill. Adm. Code 303)

 

1) Rulemaking: No docket presently reserved.

 

A) Description:

 

35 Ill. Adm. Code 303 contains the Board’s water use designations for all

bodies of water in the State of Illinois with use designations other than

general use. The IEPA has established a workgroup to conduct a Use

Attainability Analysis, pursuant to 40 C.F.R. §131.10, of the portions of

the lower Des Plaines River that are currently classified as secondary

contact and indigenous aquatic life waters pursuant to 35 Ill. Adm. Code

303.441. In addition, the IEPA is preparing a rulemaking proposal for

filing before the Board will recommend updating and/or upgrading the use

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

Sanitary and Ship Canal to the Interstate 55 bridge.

 

B) Statutory authority:

 

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

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

 

C) Scheduled meeting /hearing date:

 

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

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

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

 

D) Date agency anticipates First Notice:

 

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

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

Spring or Summer of 2006. After the filing of a proposal by the IEPA, the

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2006 REGULATORY AGENDA

 

 

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:

 

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

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2006 REGULATORY AGENDA

 

 

 

 

n) Parts (Headings and Code Citations):

 

SEWER DISCHARGE CRITERIA (35 Ill. Adm. Code 307)

PRETREATMENT PROGRAMS (35 Ill. Adm. Code 310)

 

1) Rulemaking: Docket number R06-13

 

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 R06-13 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, 2005

through December 31, 2005. At this time, the Board is aware of two sets

of federal amendments to the federal wastewater pretreatment regulations

that occurred during this update period. Those sets are described as

follows:

 

70 Fed. Reg. 59848 (October 13, 2005)

USEPA adopted requirements for electronic filing of required

documents, such as permit applications and reports, under the

various federal programs, including federally authorized state

programs. The amendments affect,

inter alia

, the drinking water,

underground injection control, municipal solid waste landfill,

hazardous waste, underground storage tank, and wastewater

pretreatment regulations. (The Board may require any electronic

filings to comply with the new federal requirements, as

incorporated by reference in Section 310.107.)

 

70 Fed. Reg. 60134 (October 14, 2005)

USEPA adopted amendments to the general wastewater

pretreatment requirements. USEPA stated that the amendments

were intended to make the wastewater requirements more

consistent with those applicable to direct dischargers. USEPA

intends that the amendments will decrease the regulatory burden

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JANUARY 2006 REGULATORY AGENDA

 

 

on industrial users without adverse effects on environmental

protection and that the amendments will allow a greater focus of

oversight resources on industrial users that have the greatest

potential to affect POTW operations. (The Board must make

corresponding changes to the Illinois pretreatment regulations.)

 

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-February 2006. The Board will then propose

corresponding amendments to the Illinois wastewater pretreatment

regulations using the identical-in-substance procedure under docket R06-

13, 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 R06-13, if the earliest federal

amendments in the applicable period are assumed to have occurred on

October 13, 2005, the due date for Board adoption would be October 13,

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].

 

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 2006, 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 October 13, 2006, the Board

will vote to propose amendments and cause a Notice of Proposed

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ILLINOIS REGISTER

 

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JANUARY 2006 REGULATORY AGENDA

 

 

Amendments to appear in the

Illinois Register

by early August 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 R06-13, 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 R06-13, 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

 

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.

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ILLINOIS REGISTER

 

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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.

 

 

o) 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]

 

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 2006. 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:

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2006 REGULATORY AGENDA

 

 

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:

 

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

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2006 REGULATORY AGENDA

 

 

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

 

 

p) 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

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, 399 F.3d 486 (2d Cir. 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].

 

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JANUARY 2006 REGULATORY AGENDA

 

 

D) Date agency anticipates First Notice:

 

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

Summer of 2006. 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

 

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

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2006 REGULATORY AGENDA

 

 

 

Division of Legal Counsel

 

1021 North Grand Avenue East

 

Post Office Box 19276

Springfield, Illinois 62794-9276

Telephone: 217-782-5544

 

 

 

q) Part (Heading and Code Citation):

 

PRIMARY DRINKING WATER STANDARDS (35 Ill. Adm. Code 611)

 

1) Rulemaking: Docket number R06-15

 

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 R06-15 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, 2005 through December

31, 2005. At this time, the Board is aware of one set of federal

amendments to the federal national primary drinking water regulations

that occurred during this update period. That set of amendments is

described as follows:

 

70 Fed. Reg. 59848 (October 13, 2005)

USEPA adopted requirements for electronic filing of required

documents, such as permit applications and reports, under the

various federal programs, including federally authorized state

programs. The amendments affect,

inter alia

, the drinking water,

underground injection control, municipal solid waste landfill,

hazardous waste, underground storage tank, and wastewater

pretreatment regulations. (The Board may require any electronic

filings to comply with the new federal requirements, as

incorporated by reference in Section 611.102.)

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2006 REGULATORY AGENDA

 

 

The Board will verify the existence of any additional 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-

February 2006. The Board will then propose corresponding amendments

to the Illinois SDWA primary drinking water regulations using the

identical-in-substance procedure or dismiss docket R06-15, 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 R06-15, if the earliest federal amendments in the

applicable period are assumed to have occurred on October 13, 2005, the

due date for Board adoption would be October 13, 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-February 2006, 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 October 13, 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 August 2006. 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.

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POLLUTION CONTROL BOARD

 

JANUARY 2006 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 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 R06-15, 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 R06-15, 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:

 

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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POLLUTION CONTROL BOARD

 

JANUARY 2006 REGULATORY AGENDA

 

 

 

r) 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 Spring or

Summer of 2006. 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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POLLUTION CONTROL BOARD

 

JANUARY 2006 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:

 

Interested persons may contact the IEPA about its prospective rulemaking

proposal as follows:

 

Name: Jim Shaw

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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

 

 

s)

Part (Headings and Code Citation):

 

STANDARDS AND REQUIREMENTS FOR POTABLE WATER SUPPLY WELL

SURVEYS AND COMMUNITY RELATIONS PLANS (New Part)

 

1) Rulemaking: No docket presently reserved.

 

A) Description:

 

P.A. 94-314 was signed into law on July 25, 2005. Among other things,

this legislation amends the Environmental Protection Act by adding Title

VI-D: Right-To-Know. 415 ILCS 5/25d-1 – 25d-10. Section 25d-7

requires the Illinois Environmental Protection Agency (“Illinois EPA”) to

“evaluate the Pollution Control Board’s rules and propose amendments to

the rules as necessary to require potable water supply well surveys and

community relations activities where such surveys and activities are

appropriate in response to releases of contaminants that have impacted or

may impact offsite potable water supply wells.” Rather than open for

amendment a multitude of Parts where community relations plans and

potable water supply well surveys might be appropriate, the Illinois EPA

is developing a “stand-alone” Part that will apply across several other

Parts. This is similar in concept to 35 Ill. Adm. Code 742: Tiered

Approach to Corrective Action Objectives, which establishes a

methodology for determining remediation objectives for cleanups

performed under several regulatory programs.

 

The purpose of the well survey requirements will be to establish minimum

standards and requirements for performing well surveys to ensure that

wells are accurately identified and located so that impacts or potential

impacts to such wells from soil or groundwater contamination, or both,

can be identified. Well survey requirements will include procedures for

defining the well survey area, information sources that must be consulted

to investigate for wells within the survey area, standardized procedures for

documenting and reporting the results of well surveys, and discretionary

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authority for the Agency to require additional investigation, including

physical well surveys, to resolve any uncertainties.

 

The purpose of community relations activities will be to establish two-way

communications between the person performing the remediation and

community members who may be affected by (or perceive they are

affected by) groundwater contamination migrating from the site where the

release occurred. The proposal will include criteria for determining when

a well has been impacted or may be impacted by contamination migrating

from the site where the release occurred. Community relations activities

may include developing and implementing community relations plans,

developing and distributing fact sheets about the release, submitting plans

and fact sheets for Illinois EPA review and approval, and establishing and

maintaining document repositories. Compliance monitoring provisions

also may be included.

 

B) Statutory Authority:

 

Section 25d-7 of the Environmental Protection Act [415 ILCS 5/25d-7]

 

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 Illinois EPA anticipates submitting its proposal in early 2006 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 are

addressing a release of contaminants pursuant to Pollution Control Board

rules. If, during the course of addressing a release, it becomes necessary

to identify the existence and location of potable water supply wells, the

standards for performing and documenting well surveys will be applicable.

For those who fall within the criteria for community relations activities, a

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community relations plan may be required along with the establishment of

a web-site document repository and the preparation and distribution of a

fact sheet with relevant information about the site, the remediation

activities, and the potential impact to the public. These requirements will

increase the resources necessary for persons performing remediation and

whose sites fall within the criteria.

 

F) Agency Contact Person for Information:

 

Address written comments concerning the substance of the rulemaking as

follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda as follows:

 

Name: Erin Conley, Rules Coordinator

Address: Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

 

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

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2006 REGULATORY AGENDA

 

 

 

t)

Part (Heading and Code Citation):

 

GROUNDWATER QUALITY (35 Ill. Adm. Code 620)

 

1) Rulemaking: No docket presently reserved.

 

A) Description:

 

The Illinois Environmental Protection Agency (Illinois EPA) continues to

evaluate contaminants of concern that have been commonly detected in

Illinois’ groundwater for inclusion in 35 Ill. Adm. Code 620. One such

constituent is perchlorate. This rocket fuel component has been

discovered in Illinois’ groundwater, and its occurrence in Illinois is being

further evaluated. Another constituent that may be considered for

inclusion in the rules is ammonia. While ammonia is not a health concern

at the concentrations at which it has been reported, the greater health risk

is the conversion of ammonia to nitrite and nitrate within a water

distribution system. In addition, the Illinois EPA has evaluated

contaminants commonly detected in groundwater in association with solid

waste and Resource Conservation and Recovery Act (RCRA) sites.

Groundwater standards are being developed for approximately 48

contaminants that have been commonly detected in groundwater at these

sites where cleanup objectives have already been developed under the

Tiered Approach to Corrective Action Objectives (TACO)(35 Ill. Adm.

Code 742). Finally, three constituents (radium 226, radium 228, and

arsenic) have had new Maximum Contaminant Levels (MCLs) adopted.

Radium and arsenic occur with some frequency in Illinois’ groundwater.

Therefore, a groundwater standard amendment consistent with the MCL

will be proposed.

 

B) Statutory authority:

 

Implementing and authorized by Section 8 of the Illinois Groundwater

Protection Act (IGPA) [415 ILCS 55/1] and Section 27 of the

Environmental Protection Act [415 ILCS 5/27].

 

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].

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D) Date agency anticipates First Notice:

 

An Illinois EPA anticipates submitting a proposal to the Board in the

Spring or Summer of 2006. After the filing of a proposal by the Illinois

EPA, 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:

 

The Illinois EPA does not anticipate that this rule will have a significant

impact on any small business, small municipality, or not-for-profit

corporations.

 

F) Agency contact person for information:

 

Address written comments concerning the substance of the rulemaking as

follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda as follows:

 

Name: Erin Conley

Address: Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

G) Related rulemaking and other pertinent information:

 

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

please contact:

 

Name: Richard Cobb

Address: Illinois Environmental Protection Agency

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JANUARY 2006 REGULATORY AGENDA

 

 

1021 North Grand Ave. East

P.O. Box 19276

Springfield, IL 62794-9276

Telephone: 217-785-4787

 

 

u) 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 R06-16

 

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 R06-16 to accommodate any

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

during the period July 1, 2005 through December 31, 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. 59848 (October 13, 2005)

USEPA adopted requirements for electronic filing of required

documents, such as permit applications and reports, under the

various federal programs, including federally authorized state

programs. The amendments affect,

inter alia

, the drinking water,

underground injection control, municipal solid waste landfill,

hazardous waste, underground storage tank, and wastewater

pretreatment regulations. (The Board may require any electronic

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filings to comply with the new federal requirements, as

incorporated by reference in Section 720.111.)

 

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-February 2006. The Board will then propose corresponding

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

substance procedure or dismiss docket R06-16, 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. In docket R06-16, if the earliest federal

amendments in the applicable period are assumed to have occurred on

October 13, 2005, the due date for Board adoption would be October 13,

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].

 

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 2006, 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 October 13, 2006, the Board will vote to propose

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

Illinois Register

by early August 2006. 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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POLLUTION CONTROL BOARD

 

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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 R06-16, as follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda, noting docket

number R06-16, 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:

 

USEPA adopted the federal underground injection control (UIC)

amendments of October 13, 2005 together with closely associated

amendments to the RCRA Subtitle C hazardous waste and RCRA Subtitle

D municipal solid waste landfill (MSWLF) regulations. The amendments

relate to submission of documents to the government in an electronic

format. Due to the related subject matter, and for the purposes of

administrative economy, the Board will likely consolidate the UIC update

docket R06-16 together with the RCRA Subtitle C update docket R06-18

and RCRA Subtitle D MSWLF docket R06-17 for single consideration

and adoption.

 

USEPA adopted the federal UIC amendments of February 24, 2005

together with closely associated amendments to the Resource

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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 R06-16 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.

 

 

v) Parts (Headings and Code Citations):

 

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

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

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

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

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

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

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

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

Disposal Facilities (35 Ill. Adm. Code 724)

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

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

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

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

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

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

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

 

1) Rulemaking: Docket number R06-18

 

A) Description:

 

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

mandates that the Board update the Illinois rules implementing Subtitle C

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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 R06-18 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, 2005

through December 31, 2005. At this time, the Board is aware of five 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. 44150 (August 1, 2005)

USEPA corrected the hazardous waste and municipal solid waste

landfill segments of its June 14, 2005 (70 Fed. Reg. 34538)

amendments to allow the use of alternative methods to “Test

Methods for Evaluating Solid Waste, Physical/Chemical

Methods.” (The Board incorporated the necessary changes into the

Illinois hazardous waste regulations together with the original

amendments in consolidated docket R06-16/R06-17/R06-18. No

further action will be necessary.)

 

70 Fed. Reg. 45508 (August 5, 2005)

USEPA adopted amendments that include mercury-containing

devices under the universal waste rule, removing these materials

from regulation as hazardous waste when regulated according to

the universal waste provisions. (The Board adopted a state rule for

regulation of these devices as universal waste, under P.A. 93-964,

in R05-8, effective April 13, 2005. The Board must now assure

that the Illinois provisions allowing regulation as universal waste

continue to be consistent with the newer federal amendments.)

 

70 Fed. Reg. 53420 (September 8, 2005)

USEPA adopted new standardized permit provisions for hazardous

waste facilities in a new 40 C.F.R. 267. The federal amendments

included conforming amendments to the existing permit provisions

of 40 C.F.R. 124 and 270 and the substantive hazardous waste

rules of 40 C.F.R. 260 and 261. (The Board must incorporate

corresponding changes into the Illinois hazardous waste

regulations.)

 

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JANUARY 2006 REGULATORY AGENDA

 

 

70 Fed. Reg. 59402 (October 12, 2005)

USEPA adopted amendments that finalize the Hazardous Waste

Combustor Rule. This rule imposes national emission standards

for hazardous air pollutants (NESHAPs) on hazardous waste

combustors. USEPA refers to incinerators, cement kilns, and

lightweight aggregate kilns that burn hazardous waste “Phase I

sources,” since it adopted standards for these sources on September

30, 1999 (at 64 Fed. Reg. 52828). USEPA refers to industrial,

commercial, or institutional boilers and process heaters and

hydrochloric acid production furnaces that burn hazardous waste as

“Phase II sources.” The present amendments include the Phase II

standards and final replacement standards to replace interim

standards adopted February 13, 2002 for Phase I sources (in

response to litigation in

Cement Kiln Recycling Coalition v. EPA

,

255 F.3d 855 (D.C. Cir. 2001) (vacatur of portions of the original

Phase I standards)). (The Board must incorporate corresponding

changes into the Illinois hazardous waste regulations.)

 

70 Fed. Reg. 59848 (October 13, 2005)

USEPA adopted requirements for electronic filing of required

documents, such as permit applications and reports, under the

various federal programs, including federally authorized state

programs. The amendments affect,

inter alia

, the drinking water,

underground injection control, municipal solid waste landfill,

hazardous waste, underground storage tank, and wastewater

pretreatment regulations. (The Board may require any electronic

filings to comply with the new federal requirements, as

incorporated by reference in Section 720.111.)

 

The Board included action on the federal amendments of August 1, 2005

in the prior consolidated identical-in-substance docket R06-5/R06-6/R06-

7, presently pending. Thus, Board action may be necessary on only four

of the above-listed federal actions.

 

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-

substance procedure or dismiss docket R06-18, as necessary and

appropriate.

 

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JANUARY 2006 REGULATORY AGENDA

 

 

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 August 5,

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

would be August 5, 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 August 5, 2006,

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

Proposed Amendments to appear in the

Illinois Register

by late March

2006. 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.

 

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POLLUTION CONTROL BOARD

 

JANUARY 2006 REGULATORY AGENDA

 

 

F) Agency contact person for information:

 

Address written comments concerning the substance of the rulemaking,

noting docket number R06-18, 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 R06-18, as follows:

 

Name: Michael J. McCambridge, Attorney

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Telephone: 312-814-6924

Internet: mccambm@ipcb.state.il.us

 

G) Related rulemakings and

other pertinent information:

 

USEPA adopted the federal RCRA Subtitle C hazardous waste

amendments of October 13, 2005 together with closely associated

amendments to the underground injection control (UIC) and RCRA

Subtitle D municipal solid waste landfill (MSWLF) regulations. The

amendments relate to submission of documents to the government in an

electronic format. Due to the related subject matter, and for the purposes

of administrative economy, the Board will likely consolidate RCRA

Subtitle C update docket R06-18 together with UIC update docket R06-16

and RCRA Subtitle D MSWLF docket R06-17 for single consideration

and adoption.

 

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.

 

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w) Part (Heading and Code Citation):

 

UNDERGROUND STORAGE TANKS (35 Ill. Adm. Code 731)

 

1) Rulemaking: Docket number R06-12

 

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 R06-12 to accommodate any

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

period July 1, 2005 through December 31, 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 R06-12, 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, 2005, the due date for Board adoption

would be July 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].

 

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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 July 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 April 2006. This

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

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

any amendments. Alternatively, if no amendment to the Illinois

regulations is needed, the Board would promptly dismiss this reserved

docket.

 

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

corporations:

 

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

for-profit corporation that owns or operations USTs.

 

F) Agency contact person for information:

 

Address written comments concerning the substance of the rulemaking,

noting docket number R06-12, 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 R06-12, as follows:

 

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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.

 

 

x) Part (Headings and Code Citation):

 

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

742)

 

1) Rulemaking: R06-10

 

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].

 

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C) Scheduled Meeting/Hearing Dates:

 

Hearings are scheduled for January 31

st

, 2006 in Chicago and March 1

st

,

2006 in Springfield.

 

D) Date Agency Anticipates First Notice:

 

The Board will anticipates proposing these amendments for first notice in

the Spring or Summer of 2006, after the two scheduled hearings have been

held.

 

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

Corporations:

 

The amendments may affect any small business, small municipality or

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

corrective action rules

 

F) Agency Contact Person for Information:

 

Address written comments concerning the substance of the rulemaking as

follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda as follows:

 

Name: Erin Conley, Rules Coordinator

Address: Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

 

G) Related Rulemaking and other pertinent information:

 

For information regarding the development of these amendments please

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contact:

 

Name: Kimberly A. Geving

Address: 1021 N. Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

Telephone: (217) 782-5544

 

 

y) Part (Headings and Code Citation):

 

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

Part 807 and 811)

 

1) Rulemaking: No docket presently reserved.

 

A) Description:

 

The Illinois Environmental Protection Agency is planning to propose

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

Financial Assurance including adding evergreen renewal language to

several financial assurance mechanisms.

 

B) Statutory Authority:

 

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

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

 

C) Scheduled Meeting/Hearing Dates:

 

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

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

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

 

D) Date Agency Anticipates First Notice:

 

The IEPA anticipates submitting its proposal in 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:

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The amendments may affect any small business, small municipality or

not-for-profit corporation providing or requesting financial assurance for

the closure and post closure care of waste disposal sites.

 

F) Agency Contact Person for Information:

 

Address written comments concerning the substance of the rulemaking as

follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda as follows:

 

Name: Erin Conley, Rules Coordinator

Address: Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

 

G) Related Rulemaking and other pertinent information:

 

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

 

 

z) Parts (Headings and Code Citations):

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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 R06-17

 

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 R06-17 to accommodate any

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

USEPA may make in the period July 1, 2005 through December 31, 2005.

At this time, the Board is aware of one set of federal amendments to the

federal MSWLF regulations that occurred during this update period. That

set of amendments is described as follows:

 

70 Fed. Reg. 59848 (October 13, 2005)

USEPA adopted requirements for electronic filing of required

documents, such as permit applications and reports, under the

various federal programs, including federally authorized state

programs. The amendments affect,

inter alia

, the drinking water,

underground injection control, municipal solid waste landfill,

hazardous waste, underground storage tank, and wastewater

pretreatment regulations. (The Board may require any electronic

filings to comply with the new federal requirements, as

incorporated by reference in Section 810.107.)

 

The Board will verify the existence of any additional 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-

February 2006. The Board will then propose corresponding amendments

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to the Illinois RCRA Subtitle D MSWLF regulations using the identical-

in-substance procedure or dismiss docket R06-17, 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 R06-17, if the earliest federal

amendments in the applicable period is assumed to have occurred on

October 13, 2005, the due date for Board adoption of all amendments in

the period would be October 13, 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.

 

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 2006, 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 October 13, 2006, the Board

will vote to propose amendments and cause a Notice of Proposed

Amendments to appear in the

Illinois Register

by early August 2006. 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.

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F) Agency contact person for information:

 

Address written comments concerning the substance of the rulemaking,

noting docket number R06-17, 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 R06-17, 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:

 

USEPA adopted the federal RCRA Subtitle D municipal solid waste

landfill (MSWLF) amendments of October 13, 2005 together with closely

associated amendments to the RCRA Subtitle C hazardous waste and

underground injection control (UIC) regulations. The amendments relate

to submission of documents to the government in an electronic format.

Due to the related subject matter, and for the purposes of administrative

economy, the Board will likely consolidate the RCRA Subtitle D MSWLF

docket R06-17 together with the RCRA Subtitle C update docket R06-18

and UIC update docket R06-16 for single consideration and adoption.

 

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.

 

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aa) Part (Headings and Code Citations):

 

SOLID WASTE DISPOSAL: GENERAL PROVISIONS (35 Ill. Adm. Code 810)

 

1) Rulemaking: R06-08

 

A) Description:

 

This site-specific rulemaking is based on a proposal filed by the Silbrico

Corporation (Silbrico). The proposal, filed on July 19, 2005, seeks to

amend the Board’s solid waste disposal regulations.

 

Silbrico, located in Hodgkins, Cook County, has proposed a site-specific

rule for what it characterizes as nonhazardous, inert waste generated at its

manufacturing facility. Silbrico’s proposed rule would allow it to dispose

of this waste in a “clean fill construction and demolition debris” facility.

Silbrico manufactures products using perlite, a volcanic rock that expands

up to 20 times in size when heated. In its petition for rulemaking, Silbrico

asserted that due to the inert and nonhazardous characteristics of the off-

specification perlite and the fugitive perlite (collectively waste perlite), it

seeks to dispose of these wastes at a “clean fill” facility that accepts only

clean construction and demolition debris. Silbrico asserted that allowing

the disposal of the waste perlite at a “clean fill” facility would save

valuable space in municipal waste landfills and result in significant cost

savings, while posing no environmental violation or threat.

 

 

   

B) Statutory authority:

 

Implementing Sections 5, 21, 21.1, 22, 22.17, and 28.1 and authorized by

Section 27 of the Environmental Protection Act [415 ILCS 5/5, 21, 21.1,

22, 22.17, 28.1 and 27].

 

C) Scheduled meeting/hearing dates:

 

The Board is in the process of scheduling at least one hearing in this

rulemaking.

 

D) Date Agency anticipates First Notice:

 

The Board may adopt a first notice opinion and order in this rulemaking

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sometime in the Spring or Summer of 2006.

 

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

corporations:

 

Because this has been filed as a site-specific rulemaking, these

amendments would only affect Silbrico.

 

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:

None

 

 

bb) 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

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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].

 

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

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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

P.O. Box 19276

Springfield, IL 62794-9276

217-782-5544

Stephanie.Flowers@epa.state.il.us

 

 

 

cc) Part (Headings and Code Citations):

 

SOUND EMISSION STANDARDS AND LIMITATIONS FOR PROPERTY LINE

NOISE SOURCES (35 Ill. Adm. Code 901)

 

1) Rulemaking: R06-11

 

A) Description:

 

This rulemaking is based on a proposal filed on October 20, 2005, by

Vaughan & Bushnell Manufacturing Company (V&B). V&B seeks a site-

specific rule amending a previously promulgated site-specific noise rule

that would extend the allowable operational levels of its forging facility

located at the intersection of Davis and Main Streets, Bushnell in

McDonough County.

 

   

B) Statutory authority:

 

Implementing Section 25 and authorized by Section 27 of the

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Environmental Protection Act [415 ILCS 5/25 and 27].

 

C) Scheduled meeting/hearing dates:

 

The Board is in the process of scheduling at least one hearing in this

rulemaking.

 

D) Date Agency anticipates First Notice:

 

The Board may adopt a first notice opinion and order in this rulemaking

sometime in the Spring or Summer of 2006.

 

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

corporations:

 

Because this rulemaking was filed as a site-specific rule, it will only apply

to the operations at V&B.

 

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:

 

None

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dd) Part (Headings and Code Citations):

 

PROCEDURES FOR PERMITTING CLEAN CONSTRUCTION OR DEMOLITION

DEBRIS FILL OPERATIONS (35 Ill. Adm. Code 1100)(new Part).

 

1) Rulemaking: R06-19

 

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:

 

The Board is in the process of scheduling hearings in this rulemaking.

 

D) Date agency anticipates First Notice:

 

Due to the statutory timeline established for this rulemaking, the Board

will adopt a first notice opinion and order in the early Spring of 2006.

 

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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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.

 

ee) 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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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 [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 Spring

or Summer of 2006, 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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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