ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

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 Spring or Summer of 2008. 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 meets the applicability requirements set forth in

35 Ill. Adm. Code Section 217.454.

F)

Agency contact person for information:

Address comments concerning the substance of the rulemaking to:

Name:

John Therriault, Acting 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:

John J. Kim, Managing Attorney

Illinois Environmental Protection Agency

1021 North Grand Avenue East

Springfield, IL 62794

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

e)

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 Spring or Summer of 2008. 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

JANUARY 2008 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 Spring or Summer of 2008. 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:

John Therriault, Acting 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

JANUARY 2008 REGULATORY AGENDA

Rachel L. Doctors

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)

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 several categories of products, including but not limited to the

following: flexible packaging printing materials, lithographic printing

materials, letterpress printing materials, industrial cleaning solvents, and

flat wood paneling coatings. The proposal will establish VOC content

limits for the various product categories as set forth in USEPA’s Control

Technique Guidelines.

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:

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

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

the Board in the Spring or Summer of 2008. 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].

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 Spring or Summer of 2008. 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 products.

F)

Agency contact person for information:

Address comments concerning the substance of the rulemaking to:

Name:

John Therriault, Acting 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

JANUARY 2008 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:

Charles Matoesian

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):

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

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

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.

D)

Date agency anticipates First Notice:

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

rulemaking in the Spring or Summer of 2008.

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:

John Therriault, Acting 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

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

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

h)

Parts (Headings and Code Citations):

Standards and Limitations for Organic Material Emissions for Area Sources

(35 Ill. Adm. Code 223)

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 consumer and commercial products, architectural

and industrial maintenance coating operations and aerosol coating

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

coatings and 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:

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

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

the Board in the Spring or Summer of 2008. 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].

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 Spring or Summer of 2008. 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. This proposal may also affect any small

business, small municipality or not-for-profit corporation that produces,

sells or supplies categories of consumer and commercial products and

aerosol coating products.

F)

Agency contact person for information:

Address comments concerning the substance of the rulemaking to:

Name:

John Therriault, Acting 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

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

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

i)

Parts (Headings and Code Citations): Open Burning (35 Ill. Adm. Code 237)

1)

Rulemaking: No docket presently reserved

A)

Description: The Illinois Environmental Protection Agency

(Agency) is in the process of developing a rulemaking proposal to

file with the Board that would amend the time period of permit

effectiveness and other related amendments to the regulatory

language.

B)

Statutory authority:

Implementing Section 10 and authorized by

Section 27 of the Environmental Protection Act [415 ILCS 5/10,

27]

C)

Scheduled meeting/hearing dates:

The Agency has stated that it anticipates filing a rulemaking

proposal with the Board in the Spring or Summer of 2008. 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].

D)

Date agency anticipates First Notice:

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

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 Spring or Summer of 2008. 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 rulemaking may affect any small business, small municipality,

or not-for-profit corporation that has previously obtained an open

burning permit from the Agency or will in the future apply for an

open burning permit from the Agency.

F)

Agency contact person for information:

Address comments concerning the substance of the rulemaking to:

Name:

John Therriault, Acting 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:

John J. Kim, Managing Attorney

Illinois Environmental Protection Agency

1021 North Grand Avenue East

Springfield, IL 62794

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

j)

Parts (Headings and Code Citations): Mobile Sources (35 Ill. Adm. Code 240)

1)

Rulemaking: No docket presently reserved

A)

Description:

The Illinois Environmental Protection Agency (Agency) is in

the process of developing a rulemaking proposal to file with the Board

dealing with the Board’s regulations for the vehicle inspection and

maintenance testing program. The regulations will be revised to reflect

changes in relevant law and operational aspects of the underlying vehicle

inspection and maintenance testing program.

B)

Statutory authority

: Implementing and authorized by the Vehicle

Emissions Inspection Law [625 ILCS 5/ch. 13B] and Section 27 of the

Environmental Protection Act [415 ILCS 5/27].

C)

Scheduled meeting/hearing dates:

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

the Board in the Spring or Summer of 2008. 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].

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 Spring or Summer of 2008. 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 rulemaking may affect any small business, small municipality, or not-

for-profit corporation that owns or operates a motor vehicle that is subject

to enhanced I/M testing regulations.

F)

Agency contact person for information:

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

Address comments concerning the substance of the rulemaking to:

Name:

John Therriault, Acting 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:

John J. Kim, Managing Attorney

Illinois Environmental Protection Agency

1021 North Grand Avenue East

Springfield, IL 62794

(217) 782-5544

k)

Part (Heading and Citation Code)

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

DESIGNATIONS AND SITE SPECIFIC WATER QUALITY STANDARDS (35 Ill.

Adm. Code 303)

1)

Rulemaking

: No docket presently reserved.

A)

Description

:

The Illinois Environmental Protection Agency (Agency) is preparing a

rulemaking proposal for filing before the Board relating to the water

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

quality standards for the Chicago Area Waterway System. The Agency has

established a workgroup to conduct a Use Attainability Analysis (UAA),

pursuant to 40 C.F.R. Section 131.10, for the Chicago Area Waterway

System, with the primary focus on the Calumet and Chicago River Basin

Waterway currently classified as Secondary Contact and Indigenous

Aquatic Life and other selected General Use Waterways.

B)

Statutory authority:

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

Environmental Protection Act [415 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 Agency submittal of a proposal to the Board would commence this

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

Spring or Summer of 2008. 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 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 Chicago Area Waterway

System.

F)

Agency contact person for information:

Address written comments concerning the substance of this rulemaking to:

Name:

John Therriault, Acting Clerk

Address:

Pollution Control Board

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Address 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

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:

Name:

Stefanie N. Diers

Address:

Division of Legal Counsel

Illinois Environmental Protection Agency

1021 North Grand Ave. East

P.O. Box 19276

Springfield, Illinois 62794-9276

Telephone:

217-782-5544

l)

Part (Heading and Code Citation):

WATER USE DESIGNATIONS AND SITE SPECIFIC WATER QUALITY

STANDARDS (35 Ill. Adm. Code 303)

1)

Rulemaking

: R08-9

A)

Description:

On November 1, 2007, the Board accepted a proposal for hearing in Water

Quality Standards and Effluent Limitations for the Chicago Area

Waterway System and the Lower Des Plaines River: Proposed

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

Amendments to 35 Ill. Adm. Code 301, 302, 303, and 304 (R08-9). The

proposal filed by the Illinois Environmental Protection Agency (Agency)

on October 26, 2007, seeks to amend the Board’s water quality standards

for the “Chicago Area Water Way System” (CAWS) and the Lower Des

Plaines River. On November 15, 2007, after the response time to the

motion had run out, the Board granted the Agency’s request to hold the

hearings in this rulemaking in Chicago and Joliet.

In this rulemaking, the Agency proposes amendments to update the

designated uses and criteria necessary to protect the uses for the waters

currently designated for Secondary Contact and Indigenous Aquatic Life

Uses. These specific designations were for those waters not suited for

General Use activities. All waters in Illinois that carry these designations

are water bodies that were a part of the engineering effort that reversed the

flow of the Chicago River and are known as the CAWS and the Lower

Des Plaines River. In 2000 and 2002, the Agency began pilot programs

for the Lower Des Plaines River and CAWS to develop use attainability

analysis (UAA) for these waters. These proposed rule changes incorporate

the findings of the pilot programs.

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:

The Board has scheduled two hearings in this rulemaking as required by

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

will be held in Chicago on January 28, 2008, and the second hearing will

be held in Joliet on March 10, 2008.

D)

Date agency anticipates First Notice:

The Board will consider this rulemaking for first notice publication in the

Illinois Register

in the Spring or Summer of 2008.

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

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 to:

Name:

John Therriault, Acting Clerk

Address:

Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Address 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

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:

Name:

Deborah J. Williams

Address:

Division of Legal Counsel

Illinois Environmental Protection Agency

1021 North Grand Ave. East

P.O. Box 19276

Springfield, Il. 62794-9276

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

m)

Parts (Headings and Code Citations):

Water Use Designations and Site Specific Water Quality Standards (35 Ill. Adm. Code

303)

1)

Rulemaking: R07-21

A)

Description:

On May 30, 2007, the City of Joliet (Joliet) filed a proposal for a site-

specific rulemaking with the Board. Joliet’s proposal seeks to amend the

general use water quality standards for copper and fluoride for the portion

of Hickory Creek downstream from the Joliet Street Bridge in Joliet to the

juncture with the Des Plaines River. The requested monthly limits are

0.15 mg/l for copper and 3.5 mg/l for fluoride.

This petition is a follow-up to a March 30, 2007 consent decree entered in

Will County Circuit Court case between Joliet, the Illinois Environmental

Protection Agency (Agency), and the Attorney General’s Office. The

court decree had set an interim copper limit (0.1156 daily max) expiring

on May 31, 2007 and interim fluoride limit (3.5 mg/l daily max) with no

expiration date.

B)

Statutory authority:

Implementing and authorized by Section 27 of the Environmental

Protection Act [415 ILCS 5/27]

C)

Scheduled meeting/hearing dates:

The Board is in the process of scheduling a hearing in this site-specific

rulemaking.

D)

Date agency anticipates First Notice:

The Board anticipates that it may propose amendments for first notice in

the Spring or Summer of 2008.

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

E)

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

corporation:

This rulemaking will impact the City of Joliet.

F)

Agency contact person for information:

Address comments concerning the substance of the rulemaking to:

Name:

John Therriault, Acting 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:

None

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 R08-11

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

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

pretreatment rules made by the United States Environmental Protection

Agency (USEPA).

The Board has reserved docket number R08-11 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, 2007

through December 31, 2007. At this time, the Board is not aware of any

federal amendments to the federal wastewater pretreatment regulations

that occurred during this update period.

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

the text of the federal wastewater pretreatment regulations and the Board

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

weeks, by about mid-February 2008. The Board will then propose

corresponding amendments to the Illinois wastewater pretreatment

regulations using the identical-in-substance procedure under docket R08-

11, 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 the earliest action

upon which the amendments are based. In docket R08-11, if the earliest

federal amendments in the applicable period occurred on July 1, 2007, the

due date for Board adoption would be July 1, 2008.

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.

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POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

D)

Date agency anticipates First Notice:

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

Board expects to verify any federal actions by mid-February 2008, 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 were assumed to be July 1, 2008, the Board

will vote to propose amendments and cause a Notice of Proposed

Amendments to appear in the

Illinois Register

by mid-April 2008. 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 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 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 R08-11, as follows:

Name:

John T. Therriault, Assistant Clerk

Address:

Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Address questions

concerning this regulatory agenda, noting docket

number R08-11

, as follows:

Name:

Michael J. McCambridge, Attorney

Address:

Pollution Control Board

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Telephone:

312-814-6924

Internet:

mccambm@ipcb.state.il.us

G)

Related rulemakings and other pertinent information:

Section 13.3 of the Environmental Protection Act provides that Title VII

of the Act and Section 5 of the Administrative Procedure Act (APA) [5

ILCS 100/5-35, 5-40] shall not apply. Because this rulemaking is not

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

Second Notice review by the Joint Committee on Administrative Rules.

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

in the

Illinois Register

, and it will accept public comments on the proposal

for 45 days after the date of publication.

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 (Agency) 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 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:

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POLLUTION CONTROL BOARD

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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 Agency submittal of a proposal to the Board would commence this

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

during the Spring or Summer of 2008. After the filing of a proposal by the

Agency, the Board will cause a Notice of Proposed Rules to appear in the

Illinois Register

.

E)

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

corporations:

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

profit corporation that generates or uses sewage sludge.

F)

Agency contact person for information:

Address written comments concerning the substance of the rulemaking to:

Name:

John Therriault, Acting 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:

Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone:

217-782-2471

Internet:

conleye@ipcb.state.il.us

G)

Related rulemakings and other pertinent information

:

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

The Agency has stated that it 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 Agency’s development of this proposal,

please contact the following Agency attorney:

Name:

Stefanie Diers

Address:

Illinois Environmental Protection Agency

Division of Legal Counsel

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

Interested persons may also contact the following Agency 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 (Agency) will prepare a

rulemaking proposal for filing before the Board relating to the United

States Environmental Protection Agency’s Environmental Protection

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POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

Concentrated Animal Feeding Operation National Pollutant Discharge

Elimination System (NPDES) regulations that were adopted on December

15, 2002. The Agency anticipates a review of Subtitle E and a proposal to

ensure that it remains consistent with the federal regulations and case law

reviewing these regulations. See, Waterkeeper Alliance et al. v. USEPA,

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].

D)

Date agency anticipates First Notice:

An Agency submittal of the rulemaking proposal is anticipated by Spring

or Summer of 2008. 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 to:

Name:

John Therriault, Acting Clerk

Address:

Pollution Control Board

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 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:

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 Agency about its prospective

rulemaking proposal as follows:

Name:

Deborah J. Williams

Address:

Illinois Environmental Protection Agency

Division of Legal Counsel

1021 North Grand Avenue East

Post Office Box 19276

Springfield, Illinois 62794-9276

Telephone:

217-782-5544

q)

Part (Heading and Code Citation):

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

1)

Rulemaking: Docket number R08-13

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.

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

The Board has reserved docket number R08-13 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, 2007 through December

31, 2007. 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. The amendments are described as

follows:

71 Fed. Reg. 65574 (October 10, 2007)

USEPA amended the lead and copper rule to strengthen its

implementation in the areas of monitoring, treatment processes,

public education, customer awareness, and lead service line

replacement. Compliance by regulated entities is due no later than

December 10, 2009.

The Board will verify the existence of any other 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 2008. The Board will then propose corresponding amendments

to the Illinois SDWA primary drinking water regulations using the

identical-in-substance procedure or dismiss docket R08-13, as necessary

and appropriate.

Section 17.5 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 R08-13, if the earliest federal

amendments in the applicable period occurred on October 10, 2007, the

due date for Board adoption would be October 10, 2008.

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].

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

C)

Scheduled meeting/hearing dates:

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

amendments at an open meeting in accordance with requirements

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

hearing is required in identical-in-substance proceedings.

D)

Date agency anticipates First Notice:

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

Board expects to verify any federal actions by mid-February 2008, 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 10, 2008, 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 mid-September. 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 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 R08-13

, as follows:

Name:

John T. Therriault, Assistant Clerk

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

Address:

Pollution Control Board

100 West Randolph Street Suite 11-500

Chicago, Illinois 60601

Address questions concerning this regulatory agenda, noting docket

number R08-13

, 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 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.

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 (Agency) is currently

developing a proposal for filing with the Board. The proposal will seek to

amend the public water supplies rules found in 35 Ill. Adm. Code 611 to

cross reference the Agency’s own laboratory accreditation rules found at

35 Ill. Adm. Code 186. These prospective amendments to Sections

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

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 Agency, 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 Agency submittal of the rulemaking proposal is anticipated by Spring

or Summer of 2008. 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 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

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

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 to:

Name:

John Therriault, Acting 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:

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 Agency about its prospective

rulemaking proposal as follows:

Name:

Jim Shaw

Division of Laboratories

Illinois Environmental Protection Agency

Address:

1021 North Grand Avenue East

P. O. Box 19276

Springfield, IL 62794-9276

s)

Part (Heading and Code Citation):

GROUNDWATER QUALITY (35 Ill. Adm. Code 620)

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

1)

Rulemaking: No docket presently reserved.

A)

Description:

The Illinois Environmental Protection Agency (Agency) 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 Agency 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,

one constituent has had new Maximum Contaminant Levels (MCLs)

adopted. Arsenic occurs 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 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:

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

The Agency anticipates submitting a proposal to the Board in the Spring

or Summer of 2008. 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 Agency 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 to:

Name:

John Therriault, Acting 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

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:

Name:

Richard Cobb

Address:

Illinois Environmental Protection Agency

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

1021 North Grand Ave. East

P.O. Box 19276

Springfield, IL 62794-9276

t)

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)

1)

Rulemaking:

Presently reserved docket number R08-14

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 R08-14 to accommodate any

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

during the period July 1, 2007 through December 31, 2007. At this time,

the Board is not aware of any federal amendments to the federal UIC rules

that occurred during this update period.

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

UIC regulations and the Board action required in response to each in

coming weeks, by about mid-February 2008. The Board will then propose

corresponding amendments to the Illinois UIC regulations using the

identical-in-substance procedure or dismiss docket R08-14

, as necessary

and appropriate.

Section 13(c) 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 R08-14, if the earliest federal

amendments in the applicable period were assumed to have occurred on

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

the first day of the update period, on July 1, 2007, the due date for Board

adoption would be July 1, 2008.

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-August 2007, 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

were assumed to be July 1, 2008, the Board will vote to propose

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

Illinois Register

by mid-April 2008. 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 in Illinois to the extent the affected entity engages in

the underground injection of waste.

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

F)

Agency contact person for information:

Address written comments concerning the substance of the rulemaking,

noting docket number R08-14, as follows:

Name:

John T. Therriault, Assistant Clerk

Address:

Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Address questions

concerning this regulatory agenda, noting docket

number R08-14, 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(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.

u)

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)

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

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)

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

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

1)

Rulemaking: Docket number R08-16

A)

Description:

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

mandates that the Board update the Illinois rules implementing Subtitle C

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

the United States Environmental Protection Agency (USEPA)

amendments to the federal RCRA Subtitle C regulations.

The Board has reserved docket number R08-16

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, 2007

through December 31, 2007. At this time, the Board is aware of one set of

federal amendments to the federal RCRA Subtitle C hazardous waste

regulations that occurred during this update period which will require

Board attention. Those amendments are described as follows:

72 Fed. Reg. 39331 (July 18, 2007)

USEPA adopted mandatory criteria for the environmentally

protective use of chat in transportation projects funded by the

federal government. USEPA added a new part 278 in the federal

hazardous waste rules, including the amendment of the general

hazardous waste provisions to incorporate one new analytical

method by reference. (The Board must likely incorporate

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

corresponding changes into the Illinois hazardous waste

regulations.)

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

the RCRA Subtitle C regulations and the Board action required in

response to each in coming weeks, by about mid-February 2008. The

Board will then propose corresponding amendments to the Illinois UIC

regulations using the identical-in-substance procedure or dismiss docket

R08-16, as necessary and appropriate.

Section 22.4(a) 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 R08-16, if the earliest federal

amendments in the applicable period were assumed to have occurred on

the first day of the update period, on July 18, 2007, the due date for Board

adoption would be July 18, 2008.

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-February 2008, 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 July 18, 2008, the

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

Amendments to appear in the

Illinois Register

by mid-April 2008. This

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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 generation, transportation,

treatment, storage, or disposal of hazardous waste.

F)

Agency contact person for information:

Address written comments concerning the substance of the rulemaking,

noting docket number R08-16, as follows:

Name:

John T. Therriault, Assistant Clerk

Address:

Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Address questions concerning this regulatory agenda, noting docket

number R08-16

, 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:

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.

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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.

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)

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

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

1)

Rulemaking: Docket number R07-5/R07-14(cons.)

A)

Description:

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

mandates that the Board update the Illinois rules implementing Subtitle C

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

the United States Environmental Protection Agency (USEPA)

amendments to the federal RCRA Subtitle C regulations.

The Board reserved docket number R07-5 to accommodate amendments

to the federal RCRA Subtitle C program, 40 CFR 260 through 270, 273,

and 279, that USEPA made in the period January 1, 2006 through June 30,

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2006. During this period there was one set of federal amendments to the

federal RCRA Subtitle C hazardous waste regulations:

71 Fed. Reg. 16862 (April 4, 2006)

USEPA amended various provisions of the hazardous waste

regulations to reduce the paperwork burden imposed by the rules.

Some of the reduced requirements apply only to members of

USEPA’s Environmental Performance Track Program. The

affected rules include hazardous waste management facility

standards and aspects of the permitting requirements and land

disposal restrictions.

The Board reserved docket number R07-14 to accommodate amendments

to the federal RCRA Subtitle C program, 40 CFR 260 through 270, 273,

and 279, that USEPA made in the period July 1, 2006 through December

31, 2006. During this period there were two sets of federal amendments to

the federal RCRA Subtitle C hazardous waste regulations:

71 Fed. Reg. 40254 (July 14, 2006)

USEPA adopted a number of corrections to various of the

hazardous waste and used oil management regulations.

71 Fed. Reg. 42928 (July 28, 2006)

USEPA amended the definition of hazardous waste to exclude

cathode ray tubes (CRTs) that are managed within specified

conditions. USEPA intends to encourage the reuse and recycling

of used CRTs and glass from CRTs.

On January 26, 2007, the Board adopted an order to consolidate these

identical in substance RCRA rulemakings. In that order the Board also

found it necessary to extend the one-year period for completion of these

amendments. In a Notice of Public Information, required under Section

7.2(b) of the Illinois Environmental Protection Act (Act), 415 ILCS

5/7.2(b) (2006), the Board explained that it has extended until October 1,

2007, the deadline for adoption and filing of rules in the consolidated

identical in substance docket. On September 20, 2007, the Board again

extended the deadline for completion of amendments in this consolidated

docket. The final date for Board completion of the amendments was

extended from October 1, 2007 to April 14, 2008.

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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:

As is explained above, the Board anticipates adopting a proposal for

public comment in the early Winter of 2008.

E)

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

corporations:

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

for-profit corporation that engages in the generation, transportation,

treatment, storage, or disposal of hazardous waste.

F)

Agency contact person for information:

Address written comments concerning the substance of the rulemaking,

noting docket number R07-5/R07-14 (cons.)

, as follows:

Name:

John Therriault, Acting Clerk

Address:

Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Address questions concerning this regulatory agenda, noting docket

number R07-5/R07-14 (cons.)

, as follows:

Name:

Michael J. McCambridge, Attorney

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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 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.

w)

Part (Heading and Code Citation):

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

1)

Rulemaking: Docket number R08-10

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 R08-10

to accommodate any

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

period July 1, 2007 through December 31, 2007. At this time, the Board is

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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-

February 2008. The Board will then propose corresponding amendments

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

or dismiss docket R08-10, as necessary and appropriate.

Section 22.4(d) 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. 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, 2007, the due date for Board adoption

would be July 1, 2008.

B)

Statutory authority:

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

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

C)

Scheduled meeting/hearing dates:

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

amendments at an open meeting in accordance with requirements

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

hearing is required in identical-in-substance proceedings.

D)

Date agency anticipates First Notice:

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

Board expects to verify any federal actions by mid-February 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 were assumed to be July 1, 2008, 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 mid-April

2008. This would be sufficiently in advance of the due date to allow the

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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 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 owns or operations USTs.

F)

Agency contact person for information:

Address written comments concerning the substance of the rulemaking,

noting docket number R08-10, as follows:

Name:

John T. Therriault, Assistant Clerk

Address:

Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Address questions concerning this regulatory agenda, noting docket

number R08-10, 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 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

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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: No docket presently reserved.

A)

Description:

The Illinois Environmental Protection Agency (Agency) is currently

developing a proposal for filing with the Board to amend the Board rules

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

Adm. Code 742). Amendments will be proposed to establish

methodologies for developing remediation objectives from risks due to

chemicals moving into buildings via soil vapors from contaminated soil

and groundwater.

B)

Statutory Authority:

These amendments will be proposed pursuant to Sections 27, and 58.5 of

the Environmental Protection Act [415 ILCS 5/27, and 58.5].

C)

Scheduled Meeting/Hearing Dates:

None 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:

The Agency proposal may be filed with the Board as soon as Spring or

Summer of 2008, after which the Board will cause publication of a Notice

of Proposed Amendments in the Illinois Register.

E)

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

Corporations:

The amendments may affect any small business, small municipality or

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

corrective action rules

F)

Agency Contact Person for Information:

Address written comments concerning the substance of the rulemaking to:

Name:

John Therriault, Acting 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:

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:

Kimberly A. Geving

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Address:

1021 N. Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

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 (Agency) is planning to

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

relating to Financial Assurance. Among other things, the proposal will

include 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 Agency anticipates submitting its proposal in Spring or Summer of

2008, 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

to:

Name:

John Therriault, Acting 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:

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

Internet:

Stephanie.Flowers@epa.state.il.us

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z)

Parts (Headings and Code Citations):

Solid Waste (35 Ill. Adm. Code 807)

Solid Waste Disposal: General Provisions (35 Ill. Adm. Code 810)

Standards for New Solid Waste Landfills (35 Ill. Adm. Code 811)

Information to Be Submitted in a Permit Application (35 Ill. Adm. Code 812)

Procedural Requirements for Permitted Landfills (35 Ill. Adm. Code 813)

Interim Standards for Existing Landfills and Units (35 Ill. Adm. Code 814)

Procedural Requirements for All Landfills Exempt from Permits (35 Ill. Adm. Code 815)

1)

Rulemaking: Presently reserved docket number R08-15

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 R08-15 to accommodate any

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

USEPA may make in the period July 1, 2007 through December 31, 2007.

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

federal MSWLF rules that occurred during this update period.

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 2008. The Board will then propose corresponding amendments

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

in-substance procedure or dismiss docket R08-15

, as necessary and

appropriate.

Section 22.40(a) 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 R08-15, if the earliest federal

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amendments in the applicable period were assumed to have occurred on

the first day of the update period, on July 1, 2007, the due date for Board

adoption would be July 1, 2008.

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 2008, 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 were assumed to be July 1, 2008, the Board

will vote to propose amendments and cause a Notice of Proposed

Amendments to appear in the

Illinois Register

by mid-April 2008. 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 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 R08-15, as follows:

Name:

John T. Therriault, Assistant Clerk

Address:

Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Address questions

concerning this regulatory agenda, noting docket

number R08-15, 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 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.

aa)

Part (Headings and Code Citation):

SPECIAL WASTE CLASSIFICATIONS (35 Ill. Adm. Code 808)

NONHAZARDOUS SPECIAL WASTE HAULING AND THE UNIFORM

PROGRAM (35 Ill. Adm. Code 809

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1)

Rulemaking: R06-20

A)

Description:

This rulemaking was proposed to the Board on December 13, 2005, by

NORA, which stated that it is an association of recyclers formerly known

as the National Oil Recycling Association. The proposal seeks to amend

Parts 808 and 809 of the Board’s regulations concerning special waste

classifications and nonhazardous special waste hauling as they pertain to

used oil recycling in Illinois. NORA seeks to make the Illinois program

“substantially equivalent to the federal program”, by eliminating the

special waste hauling and manifesting requirements imposed on “used oil”

as defined and managed under Part 739

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 has held hearings in this rulemaking on May 25,2006 in

Springfield and on June 29,2006 in Chicago. The Board does not

anticipate scheduling additional hearings.

D)

Date Agency Anticipates First Notice

:

The Board anticipates that it may adopt a first notice opinion and order in

this rulemaking in the Spring or Summer of 2008.

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 that is involved in recycling or transporting

used oil.

F)

Agency Contact Person for Information

:

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Address written comments concerning the substance of the rulemaking

to:

Name:

John Therriault, Acting 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:

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:

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 (Agency) is planning to

propose amendments to the Board’s regulations that will allow better

implementation of the used and waste tire management program. The

proposal will include, among others, 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:

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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:

The Agency may submit a proposal to the Board as soon as the Spring or

Summer of 2008, 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 to:

Name

:

John Therriault, Acting 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:

Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone

:

217-782-2471

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Internet:

conleye@ipcb.state.il.us

G)

Related rulemakings and other pertinent information:

For information regarding the development of these rules please contact:

Name:

Stephanie Flowers

Address:

Assistant Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, IL 62794-9276

Telephone:

217-782-5544

Internet:

Stephanie.Flowers@epa.state.il.us

cc)

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:

The Illinois Environmental Protection Agency (Agency) is working on a

proposal to add new rules to the Board’s waste regulations. 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 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

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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.” The Agency 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

:

The Agency may submit a proposal to the Board as soon as the Spring or

Summer of 2008, 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

operation are expected to be minimal with many existing transfer stations

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2008 REGULATORY AGENDA

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 to:

Name:

John Therriault, Acting 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:

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

:

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@illinois.gov