On July 6 2006, the Illinois Pollution Control Board adopted for second notice proposed regulations concerning clean construction or demolition debris fill operations. In the Matter of: Clean Construction or Demolition Debris Fill Operations Under P.A. 94-272 (35 Ill. Adm. Code Part 1100) (R06-19) proposes adding a new Part 1100 to the Board’s regulations. The Illinois Environmental Protection Agency (IEPA) filed this proposal on November 21, 2005.

The amendments, pursuant to Public Act 94-272, allow the use of clean construction or demolition debris (CCDD) as fill material in current and former quarries, mines, and other excavations. The proposed Part 1100 establishes a permit program for the use of CCDD as fill material in fill operations. The new proposed part also sets forth the standards applicable to the operation of CCDD facilities, CCDD load inspections, closure and postclosure, including recordkeeping requirements and annual reports. The public act requires the Board to adopt rules no later than September 1, 2006. The Board meeting scheduled immediately preceding that deadline is August 17, 2006.

The Board’s opinion adopting the rule for second notice distinguishes CCDD from a broader category of materials known generally as construction and demolition debris. C&D debris sites are allowed to accept a much greater range of demolition debris. The Board emphasizes the difference between the two terms and that the proposed rules govern only the use of CCDD.

In addition to amendments proposed in the IEPA’s post-hearing comments and non-substantive technical changes, the Board makes one change to the rule text. The Board adds a signature requirement on permit applications on behalf of LLCs.

Opinions and orders of the Board, hearing transcripts, and other documents in rulemaking records are posted on the Board’s Web site and may be downloaded from the Web without charge. Hard copies may be obtained for $.75 per page from the Clerk’s office at 312-814-3629, or by writing to the Clerk’s office.

Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601

On July 6, 2006, the Illinois Pollution Control Board adopted for second notice a proposal to add a new Part 1600 to the Board’s regulations setting standards and requirements for potable water well surveys and for community relations activities in response to impacts or threats from soil and groundwater contamination. The rulemaking is docketed as In the Matter of: Standards and Requirements for Potable Water Well Surveys and for Community Relations Activities Performed in Conjunction with Agency Notices of Threats from Contamination Under PA 94-314: New 35 Ill. Adm. Code 1600 (R06-23). On January 20, 2006, the Illinois Environmental Protection Agency (IEPA) filed this proposal in response to Public Act 94-314, effective July 25, 2005, which added a new Title VI-D (“Right-To-Know”) to the Environmental Protection Act (Act). Public Act 94-314 requires the Board to adopt well survey and community relations rules no later than September 17, 2006. The Board meeting immediately before that date is scheduled for September 7, 2006.

Proposed Subpart B sets forth well survey procedures, as well as minimum standards for the performance and documentation of surveys during site investigations. The well survey rules apply to response actions taken pursuant to Board rules requiring that a release of contaminants be addressed.

Subpart C of the rules sets forth two alternative levels of community relations activities depending on the severity of the offsite impacts or threats of impact. Subpart C also establishes requirements for document repositories, if applicable, notices, fact sheets and community relations plans. Finally, Subpart C establishes the IEPA’s review of an authorized party’s community relations plan and the execution of that plan.

The Board’s opinion and order adopting the rule for second notice makes changes suggested by the IEPA as well as several changes to the rule text based on discussions at hearing and in public comments.

Opinions and orders of the Board, hearing transcripts, and other documents in rulemaking records are posted on the Board’s website and may be downloaded from the web without charge. Hard copies may be obtained for $.75 per page from the Clerk’s office at 312-814-3629, or by writing to the Clerk’s office:

Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601

The Illinois Pollution Control Board accepted for hearing, on June 15, 2006, a proposal to reduce intrastate and interstate transport of sulfur dioxide (SO2) and nitrogen oxides (NOx) emissions from fossil fuel-fired electric generating units, on an annual basis and on an ozone season basis of each calendar year. The proposed rule docketed as In the Matter of: Proposed New CAIR SO2, CAIR NOx Annual and Cair NOx Ozone Season Trading Programs, 35 Ill. Adm. Code 225, Control of Emissions From Large Combustion Sources, Subparts A, C, D and E, (R06-26) was filed by the Illinois Environmental Protection Agency (IEPA) on May 30, 2006. Specifically, it would add a new Part 225.

The IEPA proposes the adoption of the Clean Air Interstate Rule (CAIR) SO2 trading program, the CAIR NOx Annual trading program and the CAIR NOx Ozone Season trading program to reduce SO2 and NOx emissions. The IEPA asserts that the proposal is intended to satisfy Illinois’ obligations under the United States Environmental Protection Agency’s Rule to Reduce Interstate Transport of Fine Particulate Matter and Ozone; Revisions to Acid Rain Program; Revisions to the NOx SIP Call, 70 Fed. Reg. 25162 (May 12, 2005). The proposal is also intended to help meet the IEPA’s obligation under the Clean Air Act requirements for the control of fine particulate matter and ozone in the Chicago and Metro East/St. Louis non-attainment areas.

Opinions and orders of the Board, hearing transcripts, and other documents in rulemaking records are posted on the Board’s Web site and may be downloaded from the Web without charge. Hard copies may be obtained for $.75 per page from the Clerk’s office at 312-814-3629, or by writing to the Clerk’s office:

Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601

For more information contact John Knittle at 217-278-3111 or email at knittlej@ipcb.state.il.us.

The Illinois Pollution Control Board, on June 1, 2006, dismissed subdocket B Proposed Amendments To: Regulation of Petroleum Leaking Underground Storage Tanks (35 Ill. Adm. Code 732), R04-22B and Proposed Amendments To: Regulation of Petroleum Leaking Underground Storage Tanks (35 Ill. Adm. Code 734), R04-23B. The Board opened this subdocket to specifically address issues concerning the scope of work associated with lump sum payments as well as the lump sum payment amounts proposed at first notice in Subdocket A. The Board based its proposed language on a proposal by the Ad Hoc Work Group, a group formed by American Consulting Engineers Council of Illinois (ACECI) and Illinois Petroleum Marketer’s Association at the request of the Illinois Environmental Protection Agency (IEPA).

The Board held an additional hearing in this proceeding and received several more comments. However, the Board found that the record does not support proceeding with a rule defining the scope of work and setting maximum lump sum payment amounts. The Board does not believe that additional hearings or comment periods will cure the deficiencies in the record. The Board encourages the participants to continue to examine this issue through the LUST Advisory Committee.

Opinions and orders of the Board, hearing transcripts, and other documents in this rulemaking record are posted on the Board’s Web site and may be downloaded from the Web without charge. Hard copies may be obtained for $.75 per page from the Clerk’s office at 312-814-3629, or by writing to the Clerk’s office.

Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601

In a May 4, 2006 opinion and order, the Illinois Pollution Control Board adopted amendments designed to clarify, correct, streamline, and update numerous provisions of the Board’s air pollution control rules. The amendments are contained in the consolidated rulemaking dockets R04-20, captioned In the Matter of: Clean-Up Part III Amendments To 35 Ill. Adm. Code Parts 211, 218, and 219, and R04-12, captioned In the Matter of: Technical Corrections to Formulas in 35 Ill. Adm. Code 214 “Sulfur Limitations”.

The following air pollution control rules were amended: Part 211 (definitions and general provisions); Part 214 (sulfur limitations); Part 218 (organic material emission standards and limitations for the Chicago area); and Part 219 (organic material emission standards and limitations for the Metro East area). The amendments include changes to give sources more flexibility in meeting volatile organic material (VOM) emission “capture efficiency” (CE) requirements.

On April 11, 2006, the Joint Committee on Administrative Rules (JCAR) issued certifications of no objection concerning the amendments proposed by the Board at second notice. The Board will now file the adopted amendments with the Secretary of State for publication in the Illinois Register as final rules.

Opinions and orders of the Board, hearing transcripts, and other documents in rulemaking records are posted on the Board’s Web site and may be downloaded without charge. Hard copies may be obtained for $.75 per page from the Clerk’s office at 312-814-3629, or by writing to the Clerk’s office.

Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601

On May 4, 2006, the Illinois Pollution Control Board, on its own motion, decided to proceed with the Illinois Environmental Protection Agency’s (IEPA) March 14, 2006 proposal for rulemaking to control mercury emissions from coal-fired electric generating units (EGUs), pursuant to Section 27 of the Environmental Protection Act (Act) (415 ILCS 5/27 (2004)). The Board is proceeding under the authority of Section 27 of the Act in response to a preliminary injunction entered by the Sangamon County Circuit Court on May 1, 2006. The Sangamon County Circuit Court enjoined the Board from proceeding pursuant to the hearing and rulemaking schedule required by Section 28.5 of the Act (415 ILCS 5/28.5 (2004)). The Board granted a motion to cancel hearings and rescind the schedule for hearings. The Board will re-first notice this rulemaking under the Administrative Procedure Act (5 ILCS 100/5 et seq. (2004)); at the same time, the Board will file a notice of withdrawal of the first notice that appeared March 31, 2006 (30 Ill. Reg. 5957). The Board will cite only Section 27 of the Act (415 ILCS 5/27 (2004)) as authority for the proposed rule in the new first notice.

Additionally, the Board grants in part the IEPA’s motion for expedited review, and will use the following hearing schedule.

Opinions and orders of the Board, hearing transcripts, and other documents in rulemaking records are posted on the Board’s Web site and may be downloaded from the Web without charge. Hard copies may be obtained for $.75 per page from the Clerk’s office at 312-814-3629, or by writing to the Clerk’s office:

Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601

For more information contact Marie Tipsord (312)-814-4925 or email at tipsorm@ipcb.state.il.us.

The Illinois Pollution Control Board, on February 2, 2006, accepted for hearing a proposal to amend the regulations governing Nitrogen Oxide (NOx) emissions found at 35 Ill. Adm. Code Part 217, Subparts A, T, U, and W. The Illinois Environmental Protection Agency filed the rulemaking entitled In the Matter of: NOx Trading Program: Amendments to 35 Ill. Adm. Code Part 217 on January 19, 2006.

The IEPA proposes updates to 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 Environmental Protection Act concerning the sale of NOx allowances and the repeal of the stay provisions. The amendments are intended to ensure that the NOx budgets for both the Electrical Generating Unites (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. The IEPA also proposes clarifications to the dates and timing of allocations designed to simplify the administration of the NOx Trading Program. The IEPA asserts that this proposal does not change the emission limits or require new control devices on affected sources.

Opinions and orders of the Board, hearing transcripts, and other documents in rulemaking records are posted on the Board’s Website and may be downloaded from the Web without charge. Hard copies may be obtained for $.75 per page from the Clerk’s office at 312-814-3629, or by writing to the Clerk’s office:

Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601

For more information contact John Knittle at 217-278-3111 or email at knittlej@ipcb.state.il.us.

The Illinois Pollution Control Board will conduct hearings on a proposal to amend the volatile organic material (VOM) rules to allow for the use of add-on controls as a compliance option for printing operations using cold cleaning solvent degreasing. On January 19, 2006, the Board accepted for hearing the rulemaking entitled In the Matter of: Organic Material Emission Standards and Limitations for the Chicago and Metro-East Areas: Proposed Amendments to 35 Ill. Code 218 and 219 (R06-21). The Illinois Environmental Protection Agency (IEPA) filed the proposal on December 22, 2005.

The IEPA is proposing to revise cold cleaning degreaser rules in the Chicago and Metro-East nonattainment areas by making parallel changes to 35 Ill. Adm. Code 218.182(c) and (d) and 219.182(c) and (d). The IEPA proposes revisions to allow for the sale or purchase of solvents with vapor pressure greater than 1.0mmHg in units greater than five gallons to or by sources that have valid permits, are in compliance with the add-on control requirements, or are exempt. The IEPA is also proposing control requirements to allow for the option of add-on controls. Subsections are being created that will require sources using solvents with vapor pressures greater than 1.0mmHg to control their emissions to an overall capture and control efficiency of no less than 95 percent.

The IEPA also proposes provisions that allow for equivalent alternative emissions plans stipulating that emissions from a solvent with a vapor pressure of 1.0 mmHg will be the basis for assessment of equivalent emissions for any proposed control plan and that the equivalent alternative control plans must have at least 95 percent reduction in VOM emissions. Provisions have been added mandating the testing of add-on controls. Currently, operating add-on controls must be tested by March 1, 2006, and newly constructed add-on controls must be tested within 90 days after startup. The testing procedures, monitoring, and recordkeeping provisions for add-on controls and equivalent alternative control plans will be consistent with the provisions in Section 218.105 and Section 219.105, which require that the control devices be operated and maintained at the manufacturer’s specifications and continuously monitored to assure operation at the required compliance levels. All records must be kept for a minimum of three years.

Opinions and orders of the Board, hearing transcripts, and other documents in rulemaking records are posted on the Board’s Web site and may be downloaded from the Web without charge. Hard copies may be obtained for $.75 per page from the Clerk’s office at 312-814-3629, or by writing to the Clerk’s office:

Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601

For more information contact John Knittle at 217-278-3111 or email at knittlej@ipcb.state.il.us.

The Illinois Pollution Control Board will consider a proposal to amend the Board’s regulations concerning special waste classifications and nonhazardous special waste hauling pertaining to used oil recycling in Illinois (35 Ill. Adm. Code 808, 809). On January 5, 2006, the Board accepted for hearing the rulemaking entitled In the Matter of: Proposed Amendments to the Board’s Special Waste Regulations Concerning Used Oil, 35 Ill. Adm. Code 808, 809 (R06-20).

NORA, formally known as the National Oil Recycling Association filed the proposed rulemaking to eliminate the special waste hauling and manifesting requirements imposed on used oil as defined and managed under Part 739 of the Board’s regulations on December 13, 2005. NORA contends that the Illinois requirements are “burdensome” and that the state regulations are not genuinely “identical in substance” to federal rules that were promulgated in 1985 and 1992, and adopted by the Board in 1993 as Part 739.

Also on January 5, 2006, the Board waived the 200 signature petition requirement and requested NORA to address deficiencies in the proposal prior to hearing.

Opinions and orders of the Board, hearing transcripts, and other documents in rulemaking records are posted on the Board’s Web site and may be downloaded from the Web without charge. Hard copies may be obtained for $.75 per page from the Clerk’s office at 312-814-3629, or by writing to the Clerk’s office:

Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601

For more information contact Tim Fox at (312)-814-6085 or email at foxt@ipcb.state.il.us.

The Illinois Pollution Control Board will consider proposed amendments to the Tiered Approach to Corrective Action Objectives (TACO). On September 30, 2005, the Illinois Environmental Protection Agency (IEPA) filed proposed amendments to the TACO rules, which are set forth in Part 742 of Title 35 of the Illinois Administrative Code (35 Ill. Adm. Code 742). On October 20, 2005, the Board accepted for hearing the IEPA’s proposal, docketed as In the Matter of: Proposed Amendments to Tiered Approach to Corrective Action Objectives (35 Ill. Adm. Code 742)(R06-10).

Generally, the TACO rules, which were adopted by the Board in 1997, are used at sites being remediated in the Site Remediation Program (SRP), in the Leaking Underground Storage Tank (LUST) Program, and under Resource Conservation and Recovery Act (RCRA) Part B Permits and Closures. The IEPA notes in its proposal that the TACO rules provide “procedures for developing remediation objectives based on various risks to human health posed by environmental conditions at a site,” and that TACO has put “many sites back into productive use while significantly decreasing remediation costs statewide.”

The Board has amended the TACO rules several times in the past for various reasons, such as when amendments were necessitated by new technology, science, and programmatic changes. The IEPA states that it has been compiling these most recent proposed revisions for the past five years. The IEPA describes the nature of its current proposal:

The proposed amendments range in content from comments from the regulated community to improve procedures to new standards established for various contaminants, updated test methods, and new toxicity criteria. The effect of the proposed amendments is to update and improve standards and procedures so that end users of the rules can achieve accurate data results that are protective of human health.

Opinions and orders of the Board, hearing transcripts, and other documents in rulemaking records are posted on the Board’s Web site and may be downloaded from the Web without charge. Hard copies may be obtained for $.75 per page from the Clerk’s office at 312-814-3629, or by writing to the Clerk’s office:

Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601

For more information about R06-10, please contact Richard McGill at 312-814-6983 or email at mcgillr@ipcb.state.il.us.

The Illinois Pollution Control Board is considering a proposal to amend the Board’s rule establishing general use water quality standards for dissolved oxygen (35 Ill. Adm. Code 302.206). On April 19, 2004, the Illinois Association of Wastewater Agencies (IAWA) filed a rulemaking proposal entitled Proposed Amendments To Dissolved Oxygen Standard 35 Ill. Adm. Code 302.206, which the Board has docketed as R04-25.

Under the existing Board standards adopted in 1972, dissolved oxygen must not be less than 6.0 milligrams per liter (mg/L) during at least 16 hours of any 24 hour period, nor less than 5.0 mg/L at any time. IAWA asserts that these standards are too restrictive. IAWA proposes amending the rule so that during the months of July through February, dissolved oxygen must not be less than a one-day minimum concentration of 3.5 mg/L, and a seven-day mean minimum of 4.0 mg/L, and that during the months of March through June, dissolved oxygen must not be less than a one-day minimum concentration of 5.0 mg/L, and a seven-day mean of 6.0 mg/L. IAWA states that its proposed new standards are based on the United States Environmental Protection Agency’s “National Criteria Document (‘NCD’) for Dissolved Oxygen (1986)” and “published research on natural fluctuations in aquatic systems and physiological tolerances of native aquatic life.”

On May 6, 2004, the Board accepted this proposal for hearing. Public hearings will be scheduled in this rulemaking. Written comments should contain the rulemaking title and docket number (R04-25) and should be sent to the Clerk’s Office at the following address:

Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601

For more information, please contact Richard McGill at (312) 814-6983 or mcgillr@ipcb.state.il.us.