IN THE MATTER OF
:
Wastewater Pretreatment Update, U .S. EPA
Amendments (Julyl, 2005 through December
31, 2005)
Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 W. Randolph, Ste. I1-500
Chicago, Illinois 60601
Matt Dunn
Office of the Attorney General
James R. Thompson Center
100 W. Randolph, 12th Floor
Chicago, Illinois 60601
ENVIRONMENTAL PROTECTION AGENCY
OF THE STATE OF ILLINOIS
By :
Deborah J . W 11
s
Assistant Counsel
DATE: September 26, 2006
Illinois Environmental
Protection Agency
1021 North Grand Ave. East
P .O. Box 19276
Springfield, IL 62794-9276
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
NOTICE
Michael McCambridge, Hearing Officer
Pollution Control Board
James R. Thompson Center
100 W. Randolph, Ste 11-500
Chicago, Illinois 60601
Bill Richardson, General Counsel
IL. Dept. of Natural Resources
One Natural Resources Way
Springfield, Illinois 62702-1271
THIS FILING
IS SUBMITTED ON RECYCLED PAPER
RECEIVED
CLERK'S OFFICE
J
SP-
.-I
2 6 2006
STATE OF
ILLINOIS
Pollution Control Board
(Identical-in-Substance Rulemaking-Water)
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the Pollution Control
Board the Appearance and Continents on behalf of the Illinois Environmental Protection Agency, a copy of which is
herewith served upon you.
IN THE MATTER OF :
WASTEWATER PRETREATMENT
UPDATE, U .S. EPA AMENDMENTS
(July 1, 2005 through December 31, 2005)
REGESVED
CLERK'S
OFFICE
SEP 2
a
2006
STATE OF ILLINOIS
BEFORE THE ILLINOIS POLLUTION CONTROL BOAREPOIIution Control Board
APPEARANCE
The undersigned, as one of its attorneys, hereby enters her Appearance on behalf
of the Illinois Environmental Protection Agency
.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
R06-13
(Identical-in-Substance
Rulemaking - Water)
Deborah J. Will
Assistant Counsel
Division of Legal Counsel
DATED: September 26, 2006
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
(217)782-5544
RECEIVED
CLERK'S
OFFICE
-''
2 6 2006
TATE OF ILLINOIS
BEFORE THE ILLINOIS POLLUTION CONTROL BOA
Ilution Control Board
IN THE MATTER OF
:
)
WASTEWATER PRETREATMENT
)
R06-13
UPDATE, U.S. EPA AMENDMENTS
)
(Identical-in-Substance
(July 1, 2005 through December 31, 2005)
)
Rulemaking -Water)
COMMENTS OF THE ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
NOW COMES the ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
("Illinois EPA" or "Agency"), by and through one of its attorneys, Deborah J . Williams,
and hereby respectfully submits to the Illinois Pollution Control Board ("Board") its
Comments in the above-captioned Identical-in-Substance regulatory proceeding . In
support thereof, the Illinois EPA states as follows
:
On August 4, 2006, the Board proposed to update the Illinois wastewater
pretreatment regulations to incorporate three revisions made by the United States
Environmental Protection Agency ("U.S . EPA") during the second half of calendar year
2005. The relevant federal provisions are found in 70 Fed . Reg. 59848 (October 13,
2005) ; 70 Fed. Reg. 60134 (October 14, 2005); and 70 Fed . Reg. 73618 (December 13,
2005). These comments concern the first of these federal changes related to requirements
for electronic reporting of required documents referred to as the Cross-Media Electronic
Reporting Rule (CROMERR)
.
The federal CROMER rule applies to the submission of electronic information to
delegated authorities for various federally authorized programs including the Clean Water
Act. The Board identifies two other identical-in-substance rulemaking dockets in which
it has proposed similar amendments in response to CROMERR to address four other sets
of identical-in-substance regulations . See, UICUpdate, USEPA Regulations (July 1,
2005 through December 31, 2005), R06-16 ; RCRA Subtitle D Update, USEPA
Regulations (July 1, 2005 through December 31, 2005), R06-17; RCRA Subtitle C
Update, USEPA Regulations (luly 1, 2005 through December 31, 2005), R06-18
(consolidated)(April 6, 2006) and SDWA Update, USEPA Regulations USEPA
Regulations (July 12005through December 31, 2005), R06-15 (July 20, 2006). To date,
no updates have been proposed in response to CROMERR for rules not adopted through
identical-in-substance procedures
.
On page 6 of its Opinion and Order in this matter, the Board states "Only those
filings and electronic document receiving systems approved in advance by USEPA
qualify under the CROM ERR . Any state system used to receive electronic documents
must obtain USEPA approval before the state may use it, except that a state may continue
to use an existing electronic document receiving system until October 15, 2007, pending
USEPA review and approval." Slip. Op . at 6. While the Board's Opinion seems to
recognize the grace period provided in CROMERR for existing electronic document
receiving systems, the language proposed by the Board in this docket does not
specifically address this provision
.
In Section 3.3 of CROMERR an "Existing electronic document receiving system"
is defined as "an electronic document receiving system that is being used to receive
electronic documents in lieu of paper to satisfy requirements under an authorized
program on October 13, 2005 or the system, if not in use, has been substantially
2
developed on or before that date as evidenced by the establishment of system services or
specifications by contractor other binding agreement." 70 Fed. Reg. 59881 . In Section
3.1000(a)(3), the federal rule provides that
:
Programs already receiving electronic documents under an authorized program :
A state, tribe, or local government with an existing electronic document receiving
system for an authorized program must submit an application to revise or modify
such authorized program in compliance with paragraph (a)(1) of this section no
later than October 13, 2007 . On a case-by-case basis, this deadline may be
extended by the Administrator, upon request of the state, tribe or local
government, where the Administrator determines that the state, tribe, or local
government needs additional time to make legislative or regulatory changes to
meet the requirements of this part .
70 Fed. Reg. 59882
.
The language proposed by the Board in 35111. Adm. Code 310.106(d) provides
that "Nothing in this subsection (d) limits the authority of the Board, the Agency, or the
Control Authority under the Illinois Environmental Protection Act [415 ILCS 5] to accept
documents filed electronically." But the same Section also seems to limit such authority
with regard to federally authorized programs when it states "The Board, the Agency, or
the Control Authority may not accept electronic documents under this Section until after
USEPA has approved the procedures in writing, and the Board, the Agency, or the
Control Authority has published a notice of such approval in the Illinois Register ." Slip
.
Op . at 71 .
The Illinois EPA is not aware of an specific existing programs for which it intends
to take advantage of this grace period under CROMERR that are impacted by these
Wastewater Pretreatment Amendments . However, Illinois EPA does intend to take
advantage of this language for a number of other programs it is delegated to implement
by U.S. EPA. The Agency wants to identify for the Board that the adoption of this
3
identical-in-substance proceeding should in no way limit the ability of the Agency to take
advantage of the grace period for approval of existing programs under CROMERR
whether or not those programs are covered by identical-in-substance regulations . In
addition, while Illinois EPA is not a delegated pretreatment authority, the CROMERR
also applies to units of local government that are delegated to carry out U .S. EPA
administered programs. It is theoretically possible that a local pretreatment authority
would intend to take advantage of the grace period provided in CROMERR with regard
to an existing electronic document receiving system, though Illinois EPA is unaware of
any such systems .
The Illinois EPA thanks the Board for this opportunity to submit comments with
regard to these amendments and requests that the Board clarify in its Final Opinion in this
matter that it does not intend to preclude the use of any available grace periods under the
CROMERR for existing electronic document receiving systems for any federally
authorized programs
.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
September 26, 2006
1021 N. Grand Ave. East
P.O. Box 19276
Springfield, Illinois 62794-9276
44'A
id
/ A
Decor. J. Wfiams
Assistant Counsel
Division of Legal Counsel
4
STATE OF ILLINOIS
COUNTY OF SANGAMON )
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attachedAppearance and Comments
on behalf of the Illinois Environmental Protection Agency upon the person to whom it is directed,
by placing a copy in an envelope addressed to
:
Dorothy M. Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph St., Ste 11-500
Chicago, Illinois 60601
Matt Dunn
Office of the Attorney General
James R. Thompson Center
100 W. Randolph, 12th Floor
Chicago, IL 60601
and mailing it from Springfield, Illinois on
9 -
arc-
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to
SUBSCRIBED AND SWORN TO BEFORE ME
his
ay o
emlver,
;-)00&
Notary Public
Marie Tipsord, Hearing Officer
Pollution Control Board
James R. Thompson Center
100 West Randolph St., Ste 11-500
Chicago, Illinois 60601
Bill Richardson, General Counsel
IL. Dept. of Natural Resources
One Natural Resoucres Way
Springfield, Illinois 62702-1271
A
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OFFICIAL SEAL
:;
BRENDA BOEHNER
:
NOTARY PUBLIC, STATE OF ILLINOIS
:
MY COMMISSION EXPIRES 11 .3.2009
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THIS FILING IS SUBMITTED ON RECYCLED PAPER
