ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2009 REGULATORY AGENDA

a)

Parts (Headings and Code Citations):

General Rules (35 Ill. Adm. Code 101)

Regulatory and Informational Hearings and Proceedings (35 Ill. Adm. Code 102)

Enforcement (35 Ill. Adm. Code 103)

Regulatory Relief Mechanisms (35 Ill. Adm. Code 104)

Appeals of Final Decisions of State Agencies (35 Ill. Adm. Code 105)

Proceedings Pursuant to Specific Rules or Statutory Provisions (35 Ill. Adm. Code 106)

Petition to Review Pollution Control Facility Siting Decisions (35 Ill. Adm. Code 107)

Administrative Citations (35 Ill. Adm. Code 108)

Tax Certifications (35 Ill. Adm. Code 125)

Identification and Protection of Trade Secrets and Other Non-disclosable Information (35

Ill. Adm. Code 130)

1)

Rulemaking: R04-08

A)

Description:

The Board is preparing a rulemaking to amend its procedural rules to

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

“Clerk’s Office On-Line” (COOL). The rules will address electronic

filings and payment of filing fees.

B)

Statutory authority:

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

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

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

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

ILCS 5/26 and 27].

C)

Scheduled meeting/hearing dates:

None scheduled at this time. Section 28 of the Act [415 ILCS 5/28] does

not require public hearings concerning procedural rules. The Board

therefore does not currently plan to schedule hearings in this rulemaking.

The Board would conduct hearings, however, if the level of public interest

indicates that they are desirable.

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2009 REGULATORY AGENDA

D)

Date agency anticipates First Notice:

The Board anticipates that it may propose amendments for first notice

publication in the

Illinois Register

in the Spring or Summer of 2009.

E)

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

corporation:

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

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

proceeding. Proceedings before the Board include enforcement complaint

actions, administrative citation actions, rulemaking proceedings, variance

proceedings, adjusted standard proceedings, site-specific rulemaking

proceedings, permit appeals, property tax certifications, underground

storage tank appeals, pollution control facility siting appeals, and any

other actions provided by law.

F)

Agency contact person for information:

Address written comments concerning the substance of the rulemaking as

follows:

Name:

John Therriault, Acting Clerk

Address:

Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Address questions concerning this regulatory agenda as follows:

Name:

Richard McGill

Address:

Pollution Control Board

100 W. Randolph, Suite 11-500

Chicago, Illinois 60601

Telephone:

312-814-6983

Internet:

mcgillr@ipcb.state.il.us

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2009 REGULATORY AGENDA

G)

Related rulemakings and other pertinent information:

No other presently anticipated proceedings would affect the text of Parts

101 through 130.

b)

Parts (Headings and Code Citations):

Permits and General Provisions (35 Ill. Adm. Code 201)

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 in

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

setting forth regulations that will incorporate the Federal National

Emission Standards for Hazardous Air Pollutants (NESHAP) for certain

area sources, including but not limited to gasoline dispensing facilities.

B)

Statutory authority: Implemented by Section 10 of the Environmental

Protection Act [415 ILCS 5/10] and authorized by the 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 2009. 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 Section

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

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 2009. After the filing of a proposal by the

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POLLUTION CONTROL BOARD

JANUARY 2009 REGULATORY AGENDA

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 would fall under the classification of a gasoline

dispensing facility.

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:

Carol Webb

Address:

Pollution Control Board

1021 North Grand Ave. East

P.O. Box 19274

Springfield, Illinois 62794

Telephone:

312-814-6983

Internet:

webbc@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:

Kent Mohr

Address:

Illinois Environmental Protection Agency

Division of Legal Counsel

1021 North Grand Avenue East

P.O. Box 19276

Springfield, IL 62794

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2009 REGULATORY AGENDA

c)

Part (Heading and Code Citation):

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

1)

Rulemaking: Docket number R09-12

A)

Description:

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

mandates that the Board update the Illinois definition of volatile organic

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

Environmental Protection Agency (USEPA) to the list of compounds

exempt from regulation as ozone precursors. Those compounds are

determined by USEPA to be exempt from regulation under the state

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

Policy on the Control of Volatile Organic Compounds” (Recommended

Policy) due to their negligible photochemical reactivity. On February 3,

1992 (57 Fed. Reg. 3945), USEPA codified its definition of VOM at 40

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

This codified definition now includes all the compounds and classes of

compounds previously exempted in the former Recommended Policy.

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

211.7150.

The Board has reserved docket number R09-12 to accommodate any

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

USEPA may make in the period July 1, 2008 through December 31,

2008. At this time, the Board is not aware of any federal amendments to

the federal definition of VOM that occurred during this update period.

The Board will verify the exi stence of any other federal actions that may

affect the definition of VOM by about mid-February 2009. The Board

will then either propose corresponding amendments to the Illinois

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

docket R09-12, as necessary and appropriate.

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

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

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2009 REGULATORY AGENDA

the amendments are based. Assuming for purposes of illustration that

USEPA adopted an amendment that will require Board action on the first

day of the update period, July 1, 2008, the due date for Board adoption

of amendments in docket R09-12 would be July 1, 2009.

B)

Statutory authority:

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

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

C)

Scheduled meeting/hearing dates:

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

amendments at an open meeting in accordance with requirements

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

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

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

for amendment of the Illinois ozone SIP.

D)

Date agency anticipates First Notice:

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

Board expects to verify any federal actions by mid-February 2009, after

which time the Board will either dismiss this docket or propose any

amendments to the Illinois definition of VOM that are necessary in

response to the federal amendments that have occurred. If the due date

for Board adoption of amendments in this docket were assumed to be

July 1, 2009, for the purposes of illustration, the Board would vote to

propose amendments and cause a Notice of Proposed Amendments to

appear in the Illinois Register by early April 2009. 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.

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2009 REGULATORY AGENDA

E)

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

corporations:

This rulemaking may affect any small business, small municipality, or

not-for-profit corporation that engages in the emission of a chemical

compound that is the subject of a proposed exemption or proposed

deletion from the USEPA list of exempted compounds.

F)

Agency contact person for information:

Address written comments concerning the substance of the rulemaking,

noting docket number R09-12, 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 R09-12, 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:

Two other presently known proceedings could affect the general

provisions of Part 211. Both pertain to nitrogen oxides emissions

control. The Board adopted a proposal for First Notice in docket R07-19

on September 16, 2008. The Board has held public hearings, but has not

yet proposed amendments, in pending docket R08-19.

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

provides that Title VII of the Act and Section 5 of the Administrative

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2009 REGULATORY AGENDA

Procedure Act (APA) [5 ILCS 100/5-35, 40] shall not apply. Because

this rulemaking is not subject to Section 5 of the APA, it is not subject to

First Notice or to Second Notice review by the Joint Committee on

Administrative Rules. Rather, the Board will cause a Notice of Proposed

Amendments to appear in the Illinois Register, and it will accept public

comments on the proposal for 45 days after the date of publication.

d)

Parts (Headings and Code Citations):

Sulfur Limitations (35 Ill. Adm. Code 214)

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

setting forth regulations that will regulate the emissions of SO

2

from

several source categories within the nonattainment areas.

B)

Statutory authority: Implemented by Section 10 of the Environmental

Protection Act [415 ILCS 5/10] and authorized by the 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 2009. 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 Section

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

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 2009. 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:

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2009 REGULATORY AGENDA

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

for-profit corporations that owns or operates an affected emission unit.

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:

Carol Webb

Address:

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone:

217-524-8509

Internet:

webbc@ipcb.state.il.us

G)

Related rulemakings and other pertinent information:

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

please contact the following Agency attorney:

Name:

Gina Roccaforte

Address:

Illinois Environmental Protection Agency

Division of Legal Counsel

1021 North Grand Avenue East

P.O. Box 19276

Springfield, IL 62794

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:

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2009 REGULATORY AGENDA

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 Retrofit Technology, 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 2009. Once a proposal

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

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

rulemakings that are required under the federal CAA.

D)

Date agency anticipates First Notice:

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

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

the Spring or Summer of 2009. After the filing of a proposal by the

Agency, the Board will cause publication of a Notice of Proposed

Amendments in the

Illinois Register

.

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2009 REGULATORY AGENDA

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:

Carol Webb

Address:

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone:

217-524-8509

Internet:

webbc@ipcb.state.il.us

G)

Related rulemakings and other pertinent information:

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

please contact the following Agency attorney:

Name:

Gina Roccaforte

Address:

Illinois Environmental Protection Agency

Division of Legal Counsel

1021 North Grand Avenue East

P.O. Box 19276

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2009 REGULATORY AGENDA

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 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 of the 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 2009. 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 Section

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

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2009 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 2009. 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:

Carol Webb

Address:

1021 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Telephone:

217-524-8509

Internet:

webbc@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:

Dana Vetterhoffer

Address:

Illinois Environmental Protection Agency

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2009 REGULATORY AGENDA

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

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 Section 27 of the

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

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2009 REGULATORY AGENDA

C)

Scheduled meeting/hearing dates:

In its most recent status report filed with the Board on October 30, 2008,

the Agency stated that it was determining whether proposed amendments

affecting the NOx SIP Call are now moot or whether they would be best

addressed when the Agency addresses its obligations to mitigate interstate

transport. Upon receipt of the Agency’s next status report, the Board will

determine whether to schedule hearings.

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 2009.

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, noting

docket number R06-22 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, noting docket

number R06-22 to:

Name:

Tim Fox

Address:

100 W. Randolph, Suite 11-500

Chicago, Illinois 60601

Telephone:

312-814-6085

Internet:

foxt@ipcb.state.il.us

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ILLINOIS REGISTER

POLLUTION CONTROL BOARD

JANUARY 2009 REGULATORY AGENDA

G)

Related rulemakings and other pertinent information:

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

please contact the following Agency attorney:

Name:

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):

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

1)

Rulemaking: No docket presently reserved.

A)

Description:

The rulemaking would amend Subpart U to provide consistency with

recently adopted provisions of 35 Ill. Adm. Code 225.

B)

Statutory authority:

Implementing Section 9.9 and authorized by Sections 10 and 27 of the

Environmental Protection Act [415 ILCS 5/9.9, 10 and 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 2009. 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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