LAND-RELATED ISSUES | WATER-RELATED
ISSUES | AIR-RELATED ISSUES | ADVISOR
TO THE ILLINOIS CHAMBER
Land-Related Issues
Work Group Chair: Brian Martin, Ameren Services Company
Amendments to LUST
In May 2005, Illinois EPA moved forward with its proposal to amend
the LUST regulations.
IERG reviewed the proposed revisions in detail while
considering the impact the amendments would have on Members.
· IERG,
through a series of discussions with the Illinois EPA, made several
suggestions regarding its proposed technical changes, which the
Illinois EPA eventually accepted as part of its proposed amendments.
· IERG
discussed the indemnification provisions of the proposed LUST
amendments with the Illinois EPA.
These provisions were dismissed from the LUST proposal, in
large part, due to IERG’s participation.
Throughout
2005, IERG shaped the development of the LUST rulemaking by
discussing the proposal with the Illinois EPA, filing comments, and
testifying and commenting before the Illinois Pollution Control
Board.
Coal Combustion By-Product
Over the years, IERG Members have expressed interest in
changing the way that Illinois EPA views coal combustion waste.
During the spring 2005 legislative session, IERG secured a
sponsor in the General Assembly to file language drafted by IERG.
Senate Bill 1909, effective January 1, 2006:
· Requires
Illinois EPA to take action on the application that CCB is a
by-product, not a waste; and
· Allows
for the appeal of Illinois
EPA’s determination to the Board.
Proposed TACO Amendments
Over the course of 2005, IERG worked with the Illinois EPA
on its proposed changes to its TACO regulations.
· At
the request of the Illinois EPA, IERG attended meetings to discuss
Illinois EPA’s proposed changes to Tier 1 remedial objectives.
· IERG
addressed the following Members’ concerns with the Illinois
EPA’s proposal: the
definition of “populated areas,” wellhead protection areas, use
of the statewide PAH background numbers, applicability of TACO and
conditions for the use of TACO at landfills, ELUC withdrawals,
fraction organic carbon (“foc”) analytical methods, THP as a
contaminant of concern for certain focus investigations and
applicable remedial objectives, and “housekeeping” issues.
· Through
continuous negotiations, IERG was not only able to achieve consensus
on all issues except community well setbacks, but also reach an
agreement that protected Members’ interest.
IERG
and the Illinois EPA continue discussions to achieve agreement on
the mercury clean-up objectives for inhalation pathways for
industrial/commercial land uses relative to the protection of
construction workers.
Community Right-to-Know
IERG was influential in negotiating the statutory language
for the Community Right-to-Know legislation that the Illinois
Chamber of Commerce presented to members of the General Assembly.
IERG focused on:
· Ensuring
that the notification requirements and subsequent community
relations activities are not triggered unless and until there is a
threat of contamination to off-site properties; and
· The
development of a proposed notification process to be codified as
part of the Agency’s proposed Community Right-to-Know regulations.
IERG
continues to be involved in the Community Right-to-Know regulations,
playing a significant part in drafting the regulatory language to
implement the statute to insure industry’s interests are accounted
for.
Water-Related Issues
Work Group Chair: Bill Compton, Caterpillar Inc.
Implementation of Phase II of the Section 316(b) Rule
IERG played a significant role in the implementation of Phase II of
the Section 316(b) rule. This
section of the Clean Water Act imposes certain requirements upon
cooling water intake structures in order to limit impingement and
entrainment. Phase II
covers existing electric generating facilities that utilize
specified amounts of cooling water.
Throughout
2005, IERG provided the following services:
· Communicated
Member issues to the Illinois EPA;
· Co-sponsored
a 316(b) training seminar with the Illinois EPA to inform, and
discuss with, the regulated community:
timing issues, compliance monitoring issues, compliance
options and PIC requirements; and
· Advocated
for the State of Illinois to support USEPA’s restoration
compliance option through on-going interactions with the Illinois
EPA and the Illinois Attorney General.
Because of IERG’s participation, Member Companies were
able to address their concerns and resolve their issues with the
Illinois EPA.
Wastewater Operator Certification
Responding to a concern raised by a Member Representative during the
April 2005 Quarterly Meeting, regarding the Illinois EPA’s
initiative to require continuing education for wastewater operator
certification, IERG immediately took the following actions:
· Researched
and analyzed the newly proposed requirements for 35 Ill. Admin. Code
Part 380 “Procedures for the Certification of Operators of
Wastewater Treatment Works;”
· Formed
a Sub-Workgroup for the sole purpose of
the Part 380 project;
· Contacted
the Illinois EPA to discuss Members’ concerns; and
· Drafted
alternative language based upon Members’ input and feedback on the
original proposal drafted by the Illinois EPA.
The project remains on-going, and IERG is confident that
the Illinois EPA will agree to language submitted by IERG on behalf
of Member Companies.
Water Quality Standards
Over the past year, IERG continued its regular
participation in the following Illinois EPA stakeholder groups in
anticipation that the efforts of the groups will result in the
development of agreed-to rulemakings:
· Dissolved
Oxygen;
· Nutrients;
· Phosphorus;
· Sulfate/Total
Dissolved Solids; and
· Use
and Attainability Analysis (“UAA”)
– Chicago Area Waterways and Des Plaines River.
IERG reports the activities of these meetings and provides timely alerts to Members on issues that affect their facilities. The state agencies charged with leading these efforts, due primarily to their broad scope and complexities, have moved at a slow and deliberate pace.
Air-Related Issues
Work Group Chair: Alan Jirik, Corn Products
International, Inc.
Federal Rules
During 2005,
the Clean Air Interstate Rule (“CAIR”), Clean Air Mercury Rule
(“CAMR”), and 8-Hour Ozone Attainment Standard, were adopted by
the USEPA. Following
adoption of these federal rules:
· IERG
thoroughly analyzed each rule and provided detailed assessments to
Members regarding the rules’ applicabilities and requirements.
· IERG
prepared a strategy for intervention on behalf of Members for
upcoming Illinois Pollution Control Board rulemaking proceedings to
adopt and implement these federal rules in Illinois.
· IERG
prepared and filed comments supporting USEPA’s analyses and
conclusions regarding the federal Phase I 8-Hour Ozone Attainment
rule. IERG argued that
the 8-hour nonattainment NSR provisions should become operative to
areas when the one-hour ozone classification is revoked.
USEPA’s final action, as well as the Agency’s policy, is
consistent with IERG’s comments.
Illinois Specific Rulemakings
IERG
worked with the Illinois EPA to develop amendments to the NOx
Trading Program (“In the Matter of:
NOx Trading Program: Amendments
to 35 Ill. Adm. Code Part 217,” R2006-22).
IERG and the Illinois EPA both supported a majority of the
proposed amendments, including an exemption for FCCU-CO Boilers.
However, consensus was not achieved on provisions intended to
address low-emitter status and the Illinois EPA’s “forfeiture”
provisions. Therefore,
IERG drafted alternatives to Illinois EPA’s proposal vis-à-vis
these issues to protect industry’s interests, and submitted the
language to the Board. The
amendments await Board action.
IERG learned of an initiative to include endangered
species considerations in air permitting decisions, and IERG Staff
worked with Illinois EPA, Illinois DNR and Members on a case-by-case
basis, to avoid encumbrances to the Illinois permitting process.
Advisor To the Illinois Chamber of Commerce
IERG, in its role as environmental adviser to the Chamber, analyzed legislation, provided background information, and drafted statutory language regarding the following legislative proposals:
· Authorizing
a permit program to address water withdrawals from high capacity
wells;
· Granting
administrative order authority to Illinois EPA;
· Establishing
Community Right-to-Know mechanisms;
· Eliminating
the audit privilege in Illinois; and
· Enabling
Metro-East counties to establish stormwater planning committees.
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