CO CHAIR
SEN . MAGGIE CROTTY
GO- CHAIR .
REP.BRENTHASSERT
EXECUTIVE DIRECTOR.
VICKI THOMAS
Tanner Girard, Chairman
Pollution Control Board
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
Dear Chairman Girard :
JOINT COMMITTEE
ILLINOIS
ON
GENERAL
ADMINISTRATIVE
ASSEMBLY
RULES
700 STRATTON BUILDING
SPRINGFIELD, ILL NOES 62706
217/785 .221
April 11, 2006
RECEIVE
CLERK'S OFFICED
APR 2 0 2006
Pollution
STATE OF
Control
ILLINOISBoard
o S-
y
SEN
. J . BRADLEY BURZYNSKI
SEN . JAMES CLAYBORNE
SEN . STEVE RAUSCHLNBERGER
SEN . DAN RUTHERFORD
SEN . IRA SILVERSTEIN
REP TOM HOLBROOK
REP . DAVID R . LEITCH
REP LARRY McKEON
REP . DAVID MILLER
REP ROSEMARY MULLIGAN
This is to notify you that JCAR considered the following proposed rulemakings at its 4/11/06
meeting :
Definitions and General Provisions (35 Ill . Adm
. Code 211)
29111. Reg. 7418 - 5/27/05
Sulfur Limitations (35 Ill . Adm . Code 214)
29 Ill . Reg. 7435 - 5/27/05
Organic Material Emission Standards and Limitations for the Chicago Area (35 Ill
. Adm.
Code 218)
29 111 . Reg. 7449 - 5/27/05
Organic Material Emission Standards and Limitations for the Metro East Area (35 111
.
Adm. Code 219)
29 Ill. Reg. 7563 - 5/27/05
Maximum Setback Zones (35 111 . Adm
. Code 618)
29 Ill . Reg . 19503 - 12/2/05
If your agency has agreed to any substantive modifications during its discussions with JCAR,
they are described in the "Agreements" attached to the certification
. Based on these agreements,
as well as the other responses you have provided the Committee during the review of these
rulemakings, JCAR has determined that No Objection will be issued
. Enclosed you will find
formal certification of this action .
These rulemakings may now be adopted upon filing with the Office of the Secretary of State
.
Please note that the fact that the Committee has not objected to these rulemakings does not
necessarily constitute approval, expressed or implied, of the substance of the rulemakings .
Thank you for the cooperation your agency has shown during our review of these issues.
Sincerely,
Senator Maggie Crotty
Co-Chairman
SMC:RBH:DC:rm
cc:
Richard McGill
Enc .
Representative Brent Hassert
Co-Chairman
CO-CHAIR :
SEN . MAGGIE CROTTY
CO-CHAIR :
REP
. BRENT HASSERT
EXECUTIVE DIRECTOR :
VICKI THOMAS
Vicki Thomas
Executive Director
Attachments : Agreements
JOINT COMMITTEE
ILLINOIS
ON
GENERAL
ADMINISTRATIVE
ASSEMBLY
RULES
SEN . J
. BRADLEY BURZYNSKI
SEN . JAMES CLAYBORNE
Pi
SEN . STEVE RAUSCHENBERGER
V'6EN . DAN RUTHERFORD
SEN . IRA SILVERSTEIN
REP
. TOM HOLBROOK
REP. DAVID R . LEITCH
REP LARRY McKEON
REP DAVID MILLER
700 STRATTON BUILDING
6~ I'"`' L OF ILL
SPRINGFIELD,
217/785-2254ILLINOIS
62706 5y~'OIlution
Control Board
JOINT COMMITTEE ON ADMINISTRATIVE RULES
CERTIFICATION OF NO OBJECTION
TO PROPOSED RULEMAKING
L1
AV
„R
EP. ROSEMARY MULLIGAN
This is to certify that the Joint Committee on Administrative Rules, at its 4/11/06 meeting,
considered Maximum Setback Zones (35 Ill . Adm
. Code 618), proposed by the Pollution Control
Board and published in the 12/2/05 issue of the Illinois Register
. After consideration, and based
upon the agreements, if any, for modification of the rulemaking made by the agency and attached
to this document, the Committee determined that no Objection will be issued to the above-
mentioned rulemaking .
April 11, 2006
RECEIVED
CLERK'S OFFICE
SECOND NOTICE CHANGES
APR 2 0 2006
?05
i d t0u ion
OControlBoard
Agency :
Pollution Control Board
Rulemaking:
Maximum Setback Zones (35 Ill . Adm
. Code 618 ; 29111 . Reg
. 19503)
Changes :
I .
In line 20, delete the colon .
2.
Change lines 76-101 to :
""New Potential Secondary Source"
:
means a potential secondary source which
:
is not in existence or for which construction has not commenced at its
location as of July 1, 1988; or
expands laterally beyond the currently permitted boundary or, if the
secondary source is not permitted, the boundary in existence as ofJuly
1,
1988, other than an expansion for handling of livestock waste or for
treating domestic wastewaters ; or
is part of a facility that undergoes major reconstruction
. Such
reconstruction shall be deemed to have taken place where the fixed capital
cost of the new components constructed within a 2 -year period exceed
50% of the fixed capital cost of a comparable entirely new facility
[415
ILCS 5/3 .355] ; but
excludes an agrichemical facility that
modifies on-site storage capacity such that
the volume of the pesticide storage does not exceed 125% of the available capacity
in existence on April 1, 1990, or the volume of
fertilizer storage does not exceed
150% of the available capacity in existence on April 1, 1990
; provided that a
written endorsement for an agrichemical facility permit is in effect under Section
39.4
of the Act and the maximum feasible setback is maintained
. This on-site
storage capacity includes mini-bulk pesticides, package agrichemical storage
areas, liquid or dry fertilizers, and liquid or dry pesticides
. [415 ILCS
5/14 .2(g)(4)]" .
3.
In line 164, after' facilities"
add a period.
4 .
In line 165, delete the period .
5 .
In line 186, after "Heights" add ", as".
6.
In lines 187 and 201, delete "Section 618
." .
3/14/06
