ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2006 REGULATORY AGENDA

 

 

a)

Part (Headings and Code Citations):

 

ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS (2

Ill. Adm. Code 2175)

 

1) Rulemaking: R04-09

 

A) Description:

 

2 Ill. Adm. Code 2175 contains the Board’s public information rules and

organizational information, as required under Section 1-15 of the

Administrative Procedure Act [5 ILCS 100/5-15] and Section 4 of the

Freedom of Information Act [5 ILCS 140/4]. The Board intends to update

various items of information.

 

 

B)

Statutory authority:

 

Implementing and authorized by Section 1-15 of the Administrative

Procedure Act [5 ILCS 100/5-15] and Section 4 of the Freedom of

Information Act [5 ILCS 140/4].

 

C)

Scheduled meeting/hearing dates:

 

Public hearings are not required to amend 2 Ill. Adm. Code 2175. While

the Board does not currently plan to schedule hearings in this rulemaking,

the Board would conduct such hearings if the level of public interest

indicates that public hearings are desirable.

 

D)

Date agency anticipates First Notice:

 

The Board anticipates First Notice publication of the proposed rules in the

Illinois Register

in the Summer of 2006.

 

E)

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

corporation:

 

There may be an effect on any small business, small municipality, or not-

for-profit corporation that appears before the Board in any type of

proceeding or which seeks to contact the Board for any reason, including

to inspect and copy Board records. Proceedings before the Board include

enforcement actions, rulemaking proceedings, variance proceedings,

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2006 REGULATORY AGENDA

 

 

adjusted standard proceedings, site-specific rulemaking proceedings,

permit appeals, pollution control facility siting appeals, and any other

actions provided by law. At present, it appears that any amendments

would have an insignificant impact on affected entities.

 

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

2175.

 

 

b)

Parts (Headings and Code Citations):

 

GENERAL RULES (35 Ill. Adm. Code 101)

REGULATORY AND INFORMATIONAL HEARINGS AND PROCEEDINGS (35 Ill.

Adm. Code 102)

ENFORCEMENT (35 Ill. Adm. Code 103)

REGULATORY RELIEF MECHANISMS (35 Ill. Adm. Code 104)

APPEALS OF FINAL DECISIONS OF STATE AGENCIES (35 Ill. Adm. Code 105)

PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS

(35 Ill. Adm. Code 106)

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2006 REGULATORY AGENDA

 

 

PETITION TO REVIEW POLLUTION CONTROL FACILITY SITING DECISIONS

(35 Ill. Adm. Code 107)

ADMINISTRATIVE CITATIONS (35 Ill. Adm. Code 108)

TAX CERTIFICATIONS (35 Ill. Adm. Code 125)

IDENTIFICATION AND PROTECTION OF TRADE SECRETS AND OTHER NON-

DISCLOSABLE INFORMATION (35 Ill. Adm. Code 130)

 

1) Rulemaking: R04-08

 

A) Description:

 

The Board is preparing a rulemaking to amend its procedural regulations

to allow for electronic filings in all Board proceedings through the Board’s

new “Clerk’s Office On-Line” (COOL). The Board’s new filing

procedure will allow for electronic filings and payment of filing fees.

 

B)

Statutory authority:

 

Implementing Sections 5, 7.1, 7.2, 26, 27, 28, 29, 31, 32, 33, 35, 36, 37,

38, 40, 40.1, 40.2, 41, and 58.7 of the Environmental Protection Act (Act)

[415 ILCS 5/5, 7.1, 7.2, 26, 27, 28, 29, 31, 32, 33, 35, 36, 37, 38, 40, 40.1,

40.2, 41, and 58.7] and authorized by Sections 26 and 27 of the Act [415

ILCS 5/26 and 27].

 

C)

Scheduled meeting/hearing dates:

 

None scheduled at this time. Section 28 of the Act does not require public

hearings concerning procedural rules. While the Board does not currently

plan to schedule hearings in this rulemaking, the Board would conduct

such hearings if the level of public interest indicates that public hearings

are desirable.

 

D)

Date agency anticipates First Notice:

 

The Board anticipates First Notice publication of the proposed rules in the

Illinois Register

in the Summer or Fall of 2006

 

E)

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

corporation:

 

There may be an effect on any small business, small municipality, or not-

for-profit corporation that appears before the Board in any type of

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2006 REGULATORY AGENDA

 

 

proceeding or which seeks to contact the Board for any reason, including

to inspect and copy Board records. Proceedings before the Board include

enforcement actions, rulemaking proceedings, variance proceedings,

adjusted standard proceedings, site-specific rulemaking proceedings,

permit appeals, pollution control facility siting appeals, and any other

actions provided by law.

 

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 Parts

101 through 130.

 

 

c)

Part (Heading and Code Citation):

 

Definitions and General Provisions (35 Ill. Adm. Code 211)

 

1)

Rulemaking: Docket number R07-1

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2006 REGULATORY AGENDA

 

 

 

A)

Description:

 

Section 9.1(e) of the Environmental Protection Act [415 ILCS 5/9.1(e)]

mandates that the Board update the Illinois definition of volatile organic

material (VOM) to reflect the additions made by the United States

Environmental Protection Agency (USEPA) to the list of compounds

exempt from regulation as ozone precursors. Those compounds are

determined by USEPA to be exempt from regulation under the state

implementation plan (SIP) for ozone in the federal “Recommended Policy

on the Control of Volatile Organic Compounds” (Recommended Policy)

due to their negligible photochemical reactivity. On February 3, 1992 (57

Fed. Reg. 3945), USEPA codified its definition of VOM at 40 CFR

51.100(s), which now embodies the former Recommended Policy. This

codified definition now includes all the compounds and classes of

compounds previously exempted in the former Recommended Policy.

The Illinois definition of VOM is presently codified at 35 Ill. Adm. Code

211.7150.

 

The Board has reserved docket number R07-1 to accommodate any federal

amendments to the 40 CFR 51.100(s) definition of VOM that USEPA may

make in the period January 1, 2006 through June 30, 2006. At this time,

the Board is not aware of any federal amendments to the federal definition

of VOM 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

2006. The Board will then propose corresponding amendments to the

Illinois definition of VOM using the identical-in-substance procedure or

dismiss docket R07-1, as necessary and appropriate.

 

Section 9.1(e) mandates that the Board complete amendments within one

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

the amendments are based. In docket R07-1, if the earliest federal

amendments in the applicable period were assumed to have occurred on

the first day of the update period, on January 1, 2006, the due date for

Board adoption would be January 1, 2007.

 

B)

Statutory authority:

 

Implementing and authorized by Sections 7.2, 9.1(e), and 27 of the

Environmental Protection Act [415 ILCS 5/7.2, 9.1(e) & 27].

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2006 REGULATORY AGENDA

 

 

 

C)

Scheduled meeting/hearing dates:

 

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

amendments at an open meeting in accordance with requirements

established by Sections 27 and 28 of the Act [415 ILCS 5/27 & 28]. The

Board will then schedule and conduct at least one public hearing, as

required by Section 118 of the federal Clean Air Act (42 USC § 7418) for

amendment of the Illinois ozone SIP.

 

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 2006, after

which time the Board will propose any amendments to the Illinois

definition of VOM that are necessary in response to the federal

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

amendments in this docket were assumed to be January 1, 2007, for the

purposes of illustration, the Board would vote to propose amendments and

cause a Notice of Proposed Amendments to appear in the

Illinois Register

 

by early October 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 will 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 engages in the emission of a chemical

compound that is the subject of a proposed exemption or proposed

deletion from the USEPA list of exempted compounds.

 

F)

Agency contact person for information:

 

Address written comments concerning the substance of the rulemaking,

noting docket number R07-1, as follows:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2006 REGULATORY AGENDA

 

 

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda, noting docket

number R07-1, as follows:

 

Name: Michael J. McCambridge, Attorney

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Telephone: 312-814-6924

Internet: mccambm@ipcb.state.il.us

 

G)

Related rulemakings and other pertinent information:

 

Section 9.1(e) of the Environmental Protection Act [415 ILCS 5/9.1(e)]

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.

 

 

d)

Parts (Headings and Code Citations):

 

DEFINITIONS AND GENERAL PROVISIONS (35 Ill. Adm. Code 211)

ORGANIC MATERIAL EMISSION STANDARDS AND LIMITATIONS FOR THE

CHICAGO AREA (35 Ill. Adm. Code 218)

ORGANIC MATERIAL EMISSION STANDARDS AND LIMITATIONS FOR THE

METRO EAST AREA (35 Ill. Adm. Code 219)

 

1)

Rulemaking: No docket presently reserved.

 

A)

Description:

 

The Illinois Environmental Protection Agency (Agency)is currently

developing amendments for proposal to the Board of Part 218 and Part

219 concerning motor vehicle refinishing. This involves amending the

equipment requirements of the Parts to allow the use of paint applicator

equipment that achieves the same or better transfer efficiency as the

required High Volume Low Pressure (HVLP) equipment.

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2006 REGULATORY AGENDA

 

 

 

B)

Statutory authority:

 

Implementing and authorized by Sections 9.8, 27, 28.2 of the

Environmental Protection Act [415 ILCS 5/9.8, 27, 28.2].

 

 

C)

Scheduled meeting/hearing dates:

 

The Agency has stated that it anticipates submitting its rulemaking

proposal to the Board in the Fall or Winter of 2006. Once a proposal is

filed, the Board will hold hearings on the schedule established in Section

27 of the Environmental Protection Act [415 ILCS 5/27] for rulemakings

that are required under the federal CAA.

 

 

D)

Date agency anticipates First Notice:

 

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

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

the Fall or Winter of 2006. After the filing of a proposal by the Agency,

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

corporation:

 

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

for-profit corporation that are involved in motor vehicle refinishing.

However, the Agency anticipates that the amendments will have no new

substantive impact on any sources, since the amendments give greater

flexibility to sources.

 

F)

Agency contact person for information:

 

Address comments concerning the substance of the rulemaking to:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2006 REGULATORY AGENDA

 

 

Address questions concerning this regulatory agenda to:

 

Name: Erin Conley, Rules Coordinator

Address: 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:

 

For information regarding the Agency’s development of this proposal,

please contact the following Agency attorney:

 

Name: Charles Matoesian

Address: Illinois Environmental Protection Agency

Division of Legal Counsel

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

 

 

e)

Parts (Headings and Code Citations):

 

PERMITS AND GENERAL PROVISIONS (35 Ill. Adm. Code 201.146)

DEFINITIONS AND GENERAL PROVISIONS (35 Ill. Adm. Code 211)

NITROGEN OXIDES EMISSIONS (35 Ill. Adm. Code 217, Subparts A and Q)

 

1)

Rulemaking: No docket presently reserved.

 

A)

Description:

 

The Illinois Environmental Protection Agency (Agency) is currently

developing amendments for proposal to the Board to address Phase II of

the United States Environmental Protection Agency’s (USEPA’s) nitrogen

oxides (Nox) State Implementation Plan (SIP) call. The (Nox) SIP call

required affected states, including Illinois, to regulate the NOx emissions

from large stationary internal combustion engines as required by the

federal Clean Air Act (CAA). (69

Fed. Reg.

21604 (April 21, 2004)). This

statewide proposal will also regulate NOx emissions from smaller engines

and turbines, as part of the State’s obligation to meet NOx reasonably

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2006 REGULATORY AGENDA

 

 

available control technology requirements (RACT) for the new 8-hour

ozone and PM2.5 National Ambient Air Quality Standard (NAAQS),

reasonable further progress (RFP), and attainment demonstration

requirements. In addition, the proposal will include conforming

amendments for Part 201, concerning affected units that would be required

to obtain operating permits and for Part 211, concerning applicable

definitions.

 

B)

Statutory authority:

 

Implementing and authorized by Sections 9.9, 10, 27 and 28.5 of the

Illinois Environmental Protection Act [415 ILCS 5/ 9.9, 10, 27 and 28.5].

 

C)

Scheduled meeting/hearing dates:

 

The Agency has stated that it anticipates submitting its rulemaking

proposal to the Board in the Fall or Winter of 2006. Once a proposal is

filed, the Board will hold hearings on the schedule established in Section

27 of the Environmental Protection Act [415 ILCS 5/27] for rulemakings

that are required under the federal CAA.

 

D)

Date agency anticipates First Notice:

 

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

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

the Fall or Winter of 2006. After the filing of a proposal by the Agency,

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

corporation:

 

Any small businesses, small municipalities, or not-for-profit corporations

that own or operate an affected engine or turbine could be affected by the

proposed amendments.

 

F)

Agency contact person for information:

 

Address comments concerning the substance of the rulemaking to:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2006 REGULATORY AGENDA

 

 

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda to:

 

Name: Erin Conley, Rules Coordinator

Address: 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:

 

For information regarding the Agency’s development of this proposal,

please contact the following Agency attorney:

 

Name: Rachel L. Doctors

Address: Illinois Environmental Protection Agency

Division of Legal Counsel

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

 

 

f)

Parts (Headings and Code Citations):

 

DEFINITIONS AND GENERAL PROVISIONS (35 Ill. Adm. Code 211)

NITROGEN OXIDES EMISSIONS (35 Ill. Adm. Code 217)

 

1)

Rulemaking: No docket presently reserved.

 

A)

Description:

 

The Illinois Environmental Protection Agency (Agency) is currently

developing amendments for proposal to the Board to address part of the

State’s Clean Air Act obligations to meet nitrogen oxides (Nox)

reasonably available control technology requirements (RACT), reasonable

further progress (RFP), and attainment demonstration requirements for the

new 8-hour ozone and PM2.5 nonattainment areas. Illinois has two 8-hour

ozone and PM2.5 nonattainment areas, greater Chicago and Metro-East/St.

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2006 REGULATORY AGENDA

 

 

Louis. NOx is one of the precursors to the formation of both ozone and

PM2.5. Control of NOx emissions from the following types of units may

be included in the proposal: ICI boilers less than 250 mmBtu, electric

generating less than 25 megawatts, cement kilns, lime kilns, glass melting

furnaces, iron and steel plants, and aluminum melting furnaces. In

addition, the proposal includes conforming amendments for Part 211,

concerning applicable definitions. The requirements are anticipated to

apply statewide.

 

B)

Statutory authority:

 

Implementing and authorized by Sections 10, 27 and 28.5 of the Illinois

Environmental Protection Act [415 ILCS 5/10, 27 and 28.5].

 

C)

Scheduled meeting/hearing dates:

 

The Agency has stated that it anticipates submitting its rulemaking

proposal to the Board in the Fall or Winter of 2006. Once a proposal is

filed, the Board will hold hearings on the schedule established in Section

27 of the Environmental Protection Act [415 ILCS 5/27] for rulemakings

that are required under the federal CAA.

 

D)

Date agency anticipates First Notice:

 

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

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

the Fall or Winter of 2006. After the filing of a proposal by the Agency,

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

corporation:

 

Any small businesses, small municipalities, or not-for-profit corporations

that owns or operates an affected emission unit could be affected by the

proposed amendments.

 

F)

Agency contact person for information:

 

Address comments concerning the substance of the rulemaking to:

 

Name: Dorothy Gunn, Clerk

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2006 REGULATORY AGENDA

 

 

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda to:

 

Name: Erin Conley, Rules Coordinator

Address: 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:

 

For information regarding the Agency’s development of this proposal,

please contact the following Agency attorney:

 

Name: Rachel L. Doctors

Address: Illinois Environmental Protection Agency

Division of Legal Counsel

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

 

 

g)

Parts (Headings and Code Citations):

 

DEFINITIONS AND GENERAL PROVISIONS (35 Ill. Adm. Code 211)

SULFUR LIMITATIONS (35 Ill. Adm. Code 214)

 

1)

Rulemaking: No docket presently reserved.

 

A)

Description:

 

The Illinois Environmental Protection Agency (Agency) is currently

developing amendments for proposal to the Board to address the State’s

obligation to meet the Clean Air Act’s requirements for fine particulate

matter (PM2.5), specifically the requirement for Reasonable Available

Control Technology (RACT). Section 172 of the CAA requires that States

with nonattainment areas control major sources with emissions of 100 tons

or more per year of the applicable criteria pollutant or its precursor.

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2006 REGULATORY AGENDA

 

 

Illinois has two PM2.5 nonattainment areas, greater Chicago and Metro-

East/St. Louis. Sulfur dioxide (SO2) is one of the precursors to the

formation of PM2.5. Major sources of SO2 emissions are primarily fuel

combustion sources. In addition, the proposal will include conforming

amendments for Part 211, concerning applicable definitions.

 

B)

Statutory authority:

 

Implementing and authorized by Sections 10, 27 and 28.5 of the Illinois

Environmental Protection Act [415 ILCS 5/10, 27 and 28.5].

 

C)

Scheduled meeting/hearing dates:

 

The Agency has stated that it anticipates submitting its rulemaking

proposal to the Board in the Fall or Winter of 2006. Once a proposal is

filed, the Board will hold hearings on the schedule established in Section

27 of the Environmental Protection Act [415 ILCS 5/27] for rulemakings

that are required under the federal CAA.

 

D)

Date agency anticipates First Notice:

 

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

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

the Fall or Winter of 2006. After the filing of a proposal by the Agency,

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

corporation:

 

Any small businesses, small municipalities, or not-for-profit corporations

that own or operate a BART eligible source could be affected by the

proposed amendments.

 

F)

Agency contact person for information:

 

Address comments concerning the substance of the rulemaking to:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2006 REGULATORY AGENDA

 

 

 

Address questions concerning this regulatory agenda to:

 

Name: Erin Conley, Rules Coordinator

Address: 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:

 

For information regarding the Agency’s development of this proposal,

please contact the following Agency attorney:

 

Name: John Kim

Address: Illinois Environmental Protection Agency

Division of Legal Counsel

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

 

 

h)

Parts (Headings and Code Citations):

 

EMISSIONS REDUCTION MARKET SYSTEM (35 Ill. Adm. Code 205)

 

1)

Rulemaking: No docket presently reserved.

 

A)

Description:

 

The Illinois Environmental Protection Agency (Agency) is currently

developing amendments for proposal to the Board. The proposed rule will

require the sources participating in the Emissions Reduction Market

System to further reduce VOM emissions. The reduction in VOM

emissions is needed to address Rate of Further Progress and the attainment

demonstration needs.

 

B)

Statutory authority:

Implementing and authorized by Sections 9.8, 27, 28.2 of the

Environmental Protection Act [415 ILCS 5/9.8, 27, 28.2].

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2006 REGULATORY AGENDA

 

 

C)

Scheduled meeting/hearing dates:

 

The Agency has stated that it anticipates submitting its rulemaking

proposal to the Board in the Fall or Winter of 2006. Once a proposal is

filed, the Board will hold hearings on the schedule established in Section

27 of the Environmental Protection Act [415 ILCS 5/27] for rulemakings

that are required under the federal CAA.

 

D)

Date agency anticipates First Notice:

 

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

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

the Fall or Winter of 2006. After the filing of a proposal by the Agency,

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

corporation:

 

Any small businesses, small municipalities, or not-for-profit corporations

that are subject to the Emissions Reduction Market System would be

subject to the modified provisions.

 

F)

Agency contact person for information:

 

Address comments concerning the substance of the rulemaking to:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda to:

 

Name: Erin Conley, Rules Coordinator

Address: 1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2006 REGULATORY AGENDA

 

 

G)

Related rulemakings and other pertinent information:

 

For information regarding the Agency’s development of this proposal,

please contact the following Agency attorney:

 

Name: Gina Roccaforte

Address: Illinois Environmental Protection Agency

Division of Legal Counsel

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

 

 

 

i)

Parts (Headings and Code Citations):

 

Definitions and General Provisions (35 Ill. Adm. Code 211)

Organic Material Emission Standards and Limitations (35 Ill. Adm. Code 215)

Organic Material Emission Standards and Limitations for the Chicago Area (35 Ill. Adm.

Code 218)

Organic Material Emission Standards and Limitations for the Metro East Area (35 Ill.

Adm. Code 219)

 

1)

Rulemaking: No docket presently reserved.

 

A)

Description:

 

The Illinois Environmental Protection Agency (Agency) is currently

developing amendments for proposal to the Board. The proposal will set

forth state-wide regulations pertaining to volatile organic compounds

(VOC) from consumer and commercial products. The proposal will

establish VOC content limits for the various product categories.

 

B)

Statutory authority:

 

Implementing Section 10 of the Act [415 ILCS 5/10] and authorized by

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

 

C)

Scheduled meeting/hearing dates:

 

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

the Board in the Fall or Winter of 2006. No meetings or hearings are

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2006 REGULATORY AGENDA

 

 

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

public hearings in accordance with the requirements established by

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

 

D)

Date agency anticipates First Notice:

 

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

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

the Fall or Winter of 2006. After the filing of a proposal by the Agency,

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

corporation:

 

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

for-profit corporation that produces the various categories of consumer and

commercial products.

 

F)

Agency contact person for information:

 

Address comments concerning the substance of the rulemaking to:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda to:

 

Name: Erin Conley, Rules Coordinator

Address: 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:

 

For information regarding the Agency’s development of this proposal,

please contact the following Agency attorney:

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2006 REGULATORY AGENDA

 

 

Name: Charles Matoesian

Address: Illinois Environmental Protection Agency

Division of Legal Counsel

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

 

 

j)

Parts (Headings and Code Citations):

 

Definitions and General Provisions (35 Ill. Adm. Code 211)

Organic Material Emission Standards and Limitations (35 Ill. Adm. Code 215)

Organic Material Emission Standards and Limitations for the Chicago Area (35 Ill. Adm.

Code 218)

Organic Material Emission Standards and Limitations for the Metro East Area (35 Ill.

Adm. Code 219)

 

1)

Rulemaking: No docket presently reserved.

 

A)

Description:

 

The Illinois Environmental Protection Agency (Agency) is currently

developing amendments for proposal to the Board. The proposal will set

forth state-wide regulations pertaining to emission of volatile organic

compounds (VOC) from architectural and industrial maintenance coating

operations. The proposal will establish VOC content limits for the specific

architectural and industrial maintenance coatings.

 

B)

Statutory authority:

 

Implementing Section 10 of the Act [415 ILCS 5/10] and authorized by

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

 

C)

Scheduled meeting/hearing dates:

 

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

the Board in the Fall or Winter of 2006. No meetings or hearings are

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

public hearings in accordance with the requirements established by

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

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2006 REGULATORY AGENDA

 

 

D)

Date agency anticipates First Notice:

 

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

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

the Fall or Winter of 2006. After the filing of a proposal by the Agency,

the Board will cause a Notice of Proposed Amendments to appear in the

Illinois Register

.

 

E)

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

corporation:

 

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

for-profit corporation that operates or manufacturers architectural and

industrial maintenance coatings.

 

F)

Agency contact person for information:

 

Address comments concerning the substance of the rulemaking to:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda to:

 

Name: Erin Conley, Rules Coordinator

Address: 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:

 

For information regarding the Agency’s development of this proposal,

please contact the following Agency attorney:

 

Name: Gina Roccaforte

Address: Illinois Environmental Protection Agency

Division of Legal Counsel

1021 North Grand Avenue East

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2006 REGULATORY AGENDA

 

 

P.O. Box 19276

Springfield, Illinois 62794-9276

 

 

k)

Parts (Headings and Code Citations):

 

DEFINITIONS AND GENERAL PROVISIONS (35 Ill. Adm. Code 211)

REGIONAL HAZE (35 Ill. Adm. Code 226)

 

1)

Rulemaking: No docket presently reserved.

 

A)

Description:

 

The Illinois Environmental Protection Agency (Agency) is currently

developing amendments for proposal to the Board. This proposal would

address the State’s obligation to meet the requirements of the Clean Air

Act (CAA) for Regional Haze, specifically the requirement for Best

Available Regional Haze (BART). Section 169A of the CAA requires that

each major source in existence in 1977, but not in operation before 1962,

that may reasonably anticipated to cause or contribute to any impairment

of visibility in any Class I area shall procure, install, and operate BART.

Major sources are defined as ones that have the potential to emit 250 tons

per year or more of a visibility impairing pollutant in one of 26 specified

categories, including but not limited to petroleum refineries, lime plants,

steel mills, and fossil-fuel fired steam electric plants greater than 250

mmBtu. USEPA has identified sulfur dioxide, NOx, and primary

particulate matter (PM) as visibility impairing pollutants. This rule will

affect BART applicable emission units statewide.

 

B)

Statutory authority:

 

Implementing and authorized by Sections 10 and 27 of the Act [415 ILCS

5/10 and 5/27].

 

C)

Scheduled meeting/hearing dates:

 

The Agency has stated that it anticipates submitting its rulemaking

proposal to the Board in the Fall or Winter of 2006. Once a proposal is

filed, the Board will hold hearings on the schedule established in Section

27 of the Environmental Protection Act [415 ILCS 5/27] for rulemakings

that are required under the federal CAA.

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2006 REGULATORY AGENDA

 

 

D)

Date agency anticipates First Notice:

 

An Agency submittal of a proposal to the Board would commence

this proceeding, and the Agency has stated that it expects to file a

proposal in the Fall or Winter of 2006. After the filing of a

proposal by the Agency, 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

corporation:

 

Any small businesses, small municipalities, or not-for-profit corporations

that owns or operates an affected emission unit could be affected by the

proposed amendments.

 

F)

Agency contact person for information:

 

Address comments concerning the substance of the rulemaking to:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda to:

 

Name: Erin Conley, Rules Coordinator

Address: 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:

 

For information regarding the Agency’s development of this proposal,

please contact the following Agency attorney:

 

Name: Rachel L. Doctors

Address: Illinois Environmental Protection Agency

Division of Legal Counsel

1021 North Grand Avenue East

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2006 REGULATORY AGENDA

 

 

P.O. Box 19276

Springfield, Illinois 62794-9276

 

 

l)

Parts (Headings and Code Citations):

 

Nitrogen Oxides Emissions (35 Ill. Adm. Code 217)

 

1)

Rulemaking: R06-22

 

A)

Description:

 

On January 19, 2006, the Board received a rulemaking proposal submitted

by the Illinois Environmental Protection Agency (Agency) pursuant to

Section 27 and 28 of the Illinois Environmental Protection Act (Act) (415

ILCS 5/27 and 28 (2004)). Included in this proposal are amendments to

the regulations governing Nitrogen Oxide (NOx) emissions found at 35 Ill.

Adm. Code Part 217, Subparts A, T, U, and W.

 

The amendments propose to update Part 217 to reflect recent amendments

made by the United States Environmental Protection Agency (USEPA) to

the Code of Federal Regulations concerning several test methods and

procedures, and by the Illinois General Assembly to Section 9.9 of the Act

concerning the sale of NOx allowances and the repeal of the stay

provisions. The Agency proposes amendments intended to ensure that the

NOx budgets for both the Electrical Generating Units (EGU) and the non-

EGUs are not reduced by low-emitters in a way that was not anticipated at

the time the rules were originally adopted by the Board.

 

Finally, the

Agency proposes clarifications to the dates and timing of allocations

designed to simplify the administration of the NOx Trading Program. The

Agency asserts that this proposal does not change the emission limits or

require new control devices on affected sources.

 

B)

Statutory authority:

Implementing Sections 9.9 and 10 and authorized by Sections 27 and 28.5

of the Environmental Protection Act [415 ILCS 5/9.9, 10, 27 and 28.5].

 

C)

Scheduled meeting/hearing dates:

 

The Board is currently scheduling hearings in this rulemaking.

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2006 REGULATORY AGENDA

 

 

D)

Date agency anticipates First Notice:

 

The Board anticipates adopting a first notice opinion and order in this

rulemaking in the Fall or Winter of 2006.

 

E)

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

corporation:

 

  

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

for-profit corporation subject to the Board’s Nitrogen Oxide (NOx)

emission rules.

 

F)

Agency contact person for information:

 

Address comments concerning the substance of the rulemaking to:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda to:

 

Name: Erin Conley, Rules Coordinator

Address: 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:

For information regarding the Agency’s development of this proposal,

please contact the following Agency attorney:

 

Name: Rachel L. Doctors

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

 

JULY 2006 REGULATORY AGENDA

 

 

m) Part (Headings and Code Citations):

 

SOLVENT CLEANING (35 Ill. Adm. Code 218 and 219)

 

1) Rulemaking: R06-21

 

A) Description:

 

On December 22, 2005, the Board received a rulemaking proposal

submitted by the Illinois Environmental Protection Agency (Agency)

pursuant to Sections 27 and 28 of the Illinois Environmental Protection

Act (Act). 415 ILCS 5/27, 28 (2004). The Agency proposes amendments

to Parts 218 and 219 of the volatile organic material (VOM) rules to allow

for the use of add-on controls as a compliance option for printing

operations using cold cleaning solvent degreasing. The Agency is

proposing to revise the cold cleaning degreaser rules in the Chicago and

Metro-East nonattainment areas by making parallel changes to 35 Ill.

Adm. Code 218.182(c) and (d) and 219.182(c) and (d). The rulemaking

proposes revisions to allow for the sale or purchase of solvents with vapor

pressure greater than 1.0mmHg in units greater than five gallons to or by

sources that have valid permits, are in compliance with the add-on control

requirements, or are exempt. The rulemaking also proposes control

requirements to allow for the option of add-on controls.

  

Subsections are

being created that will require sources using solvents with vapor pressures

greater than 1.0mmHg to control their emissions to an overall capture and

control efficiency of no less than 95%.

 

The Agency proposal contains provisions that allow for equivalent

alternative emissions plans stipulating that emissions from a solvent with a

vapor pressure of 1.0 mmHg shall be the basis for assessment of equivalent

emissions for any proposed control plan and that the equivalent alternative

control plans must have at least 95% reduction in VOM emissions.

Provisions have also been added mandating the testing of add-on controls.

Currently operating add-on controls must be tested by March 1, 2006, and

newly constructed add-on controls shall be tested within 90 days after

startup. The testing procedures, monitoring, and recordkeeping provisions

for add-on controls and equivalent alternative control plans will be

consistent with the provisions in Section 218.105 and Section 219.105,

which require that the control devices be operated and maintained at the

manufacturer’s specifications and continuously monitored to assure that

they are operating at the required compliance levels. All records must be

kept for a minimum of three years.

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2006 REGULATORY AGENDA

 

 

 

B) Statutory authority:

 

Implementing Section 10 of the Environmental Protection Act [415 ILCS 5/10]

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

ILCS 5/27 & 28].

 

C) Scheduled meeting /hearing date:

 

The Board held two hearings in this rulemaking. The first hearing was

held on April 19, 2006, in Chicago and the second hearing was held on

May 17, 2006, in Edwardsville. At this time, the Board does not anticipate

holding additional hearings in this rulemaking.

 

D) Date agency anticipates First Notice:

 

The Board anticipates adopting a first notice opinion and order in this

rulemaking in the Fall or Winter of 2006.

 

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

corporations:

 

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

for-profit corporation subject to the Board’s Cold Cleaning Degreaser

rules.

 

F) Agency contact person for information:

 

Address written comments concerning the substance of the rulemaking to:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda to:

 

Name: Erin Conley

Address: Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2006 REGULATORY AGENDA

 

 

Telephone: 217-782-2471

Internet: conleye@ipcb.state.il.us

 

G) Related rulemaking and other pertinent information:

  

For information regarding the Agency’s development of this proposal,

please contact the following Agency attorney:

 

Name: Annet Godiksen

Address: Illinois Environmental Protection Agency

Division of Legal Counsel

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

 

 

n) Parts (Headings and Code Citations):

 

CONTROL OF EMISSIONS FROM LARGE COMBUSTION SOURCES (35 Ill. Adm.

Code 225)

 

1) Rulemaking: R06-26

 

A) Description:

  

 

This rulemaking was proposed to the Board by the Illinois Environmental

Protection Agency (Agency) on May 30, 2006. The Agency proposes a

new Part 225 to reduce intrastate and interstate transport of sulfur dioxide

(SO2) and nitrogen oxides (NOx) emissions from fossil fuel-fired electric

generating units (affected units), on an annual basis and on an ozone

season basis of each calendar year. The Agency proposes the adoption of

the Clean Air Interstate Rule (CAIR) SO2 trading program, the CAIR NOx

Annual trading program and the CAIR NOx Ozone Season trading

program to accomplish this objective.

 

The proposed rule contains five subparts. As proposed, Subpart A

includes general provisions, Subpart B is reserved-although this Subpart is

included in the R06-25 rulemaking, Subpart C contains the CAIR SO2

trading program, Subpart D details the CAIR NOx Annual trading

program, and Subpart E addresses the CAIR NOx Ozone Season trading

program.

 

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ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2006 REGULATORY AGENDA

 

 

The Agency asserts that its proposal is intended to satisfy Illinois’

obligations under the United States Environmental Protection Agency’s

(USEPA) Rule to Reduce Interstate Transport of Fine Particulate Matter

and Ozone; Revisions to Acid Rain Program; Revisions to the NOx SIP

Call, (CAIR), 70

Fed. Reg

. 25162 (May 12, 2005). The proposal is also

intended to the Agency’s obligation to meet Clean Air Act (CAA)

requirements for the control of fine particulate matter (PM2.5) and ozone in

the Chicago and Metro East/St. Louis nonattainment areas.

 

 

B) Statutory authority:

  

Implementing and authorized by Sections 27 and 28 of the Environmental

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

 

C) Scheduled meeting/hearing dates:

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

 

D) Date agency anticipates First Notice:

 

The Board anticipates adopting a first notice opinion and order in this

rulemaking in the Fall or Winter of 2006.

 

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

corporation:

 

Any small businesses, small municipalities, or not-for-profit corporations

that owns or operates an affected emission unit could be affected by the

proposed amendments.

 

F) Agency contact person for information:

 

Address comments concerning the substance of the rulemaking to:

 

Name: Dorothy Gunn, Clerk

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

 

Address questions concerning this regulatory agenda to:

 

Name: Erin Conley, Rules Coordinator

Address: 1021 North Grand Avenue East

---

ILLINOIS REGISTER

 

POLLUTION CONTROL BOARD

 

JULY 2006 REGULATORY AGENDA

 

 

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:

For information regarding the Agency’s development of this proposal,

please contact the following Agency attorney:

 

Name: Rachel L. Doctors

Address: Illinois Environmental Protection Agency

Division of Legal Counsel

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

 

Part 225 is also involved in a rulemaking currently at first notice, Proposed

New 35 Ill. Adm. Code 225 Control of Emissions from Large Combustion

Sources (Mercury) (R06-25). (see 30 Ill. Reg. 9281, May 19, 2006 and 30

Ill. Reg. 10193, June 2, 2006).

 

 

o) Part (Heading and Code Citation):

 

AIR QUALITY STANDARDS (35 Ill. Adm. Code 243)

 

1) Rulemaking: No docket presently reserved.

 

A) Description:

 

The Illinois Environmental Protection Agency (Agency) is currently

developing amendments for proposal to the Board. 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:

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