Flinn Report Illinois Regulation

              Illinois Regulation is a summary of the weekly regulatory decisions of State agencies published in the Illinois Register and action
taken by the Illinois General Assembly's Joint Committee on Administrative Rules. Illinois Regulation is designed to inform and
involve the public in changes taking place in agency administration.
VOL. 35 Issue 36
Regulation Illinois
(cont'd page 2)
New Regulations
Proposed
Regulations
NEW REGULATIONS: Rules adopted by agencies this week.
PROPOSED REGULATIONS: Rules proposed by agencies this week, commencing a 45-day First Notice period. Public comments must be accepted
by the agency for the period of time indicated.
􀀩􂤺: Symbol designating rules of special interest to small businesses, small municipalities, and not-for-profit corporations. Agencies are required to consider
comments from these groups and minimize the regulatory burden on them.
QUESTIONS/COMMENTS/RULE TEXT: Direct mail or phone calls to the agency personnel listed below each summary. Providing volume and issue number
of The Flinn Report or the Illinois Register will expedite the process. Some agencies charge copying fees. However, copy requests do not have to
be made under the Freedom of Information Act .
The Flinn
Report
(cont'd next page )
September 2, 2011
Claire B. Eberle, Editor Joint Committee on Administrative Rules 700 Stratton Office Bldg., Springfield IL 62706
Elaine Spencer, Assoc. Editor Illinois General Assembly 217/785-2254 ilga.gov/commission/jcar
-1-
AIR POLLUTION
The POLLUTION CONTROL BOARD
adopted amendments to "Nitrogen
Oxides Emissions" (35 Ill Adm Code
217; 35 Ill Reg 6770), effective 8/22/
11, that extend from 1/1/12 to 1/1/15
the compliance date for the control
of nitrogen oxide emissions (NOx) for
the following source categories: in-dustrial
boilers, process heaters, glass-melting
furnaces, cement kilns, lime
kilns, furnaces used in making steel
and melting aluminum, and fossil-fuel-fired
stationary boilers. An appendix
concerning emission units at petro-leum
refineries strikes compliance
dates that predate 1/1/15 for Exxon-
Mobil and units of ConocoPhillips'
Wood River refinery. Affected entities
include NOx sources in the Chicago
and St. Louis ozone nonattainment
areas that emit, or have the potential
to emit, NOx in an amount equal to or
greater than 100 tons/year and any
industrial boiler; process heater; glass-melting
furnace; cement kiln; lime kiln;
iron and steel reheat, annealing, or
galvanizing furnace; aluminum rever-beratory
or crucible furnace; or fossil-fuel-
fired stationary boiler within such
sources that emit NOx in an amount
equal to or greater than 15 tons per
year and equal to or greater than 5
tons per ozone season and subject to
the provisions of the regulations.
Questions/requests for copies: Daniel
Robertson, PCB, 100 W. Randolph, Ste.
11-500, Chicago IL 60601, 312/814-
6931, e-mail: robertsd@ipcb.state.
il.us. Please reference docket R11-24.
STATE INVESTMENT POOL
The OFFICE OF THE TREASURER
adopted amendments to "Illinois Pub-lic
Treasurers' Investment Pool for
Public Treasurers in the State of Illi-nois"
(74 Ill Adm Code 740; 35 Ill Reg
8795), effective 8/17/11. A companion
emergency rulemaking became effec-tive
5/26/11 but was suspended by
JCAR from 7/14/11 to 8/17/11. (The
State Treasurer administers investment
opportunities for other custodians of
public funds, such as counties, town-ships,
school districts, the Chicago
Park District, and fire protection dis-tricts.)
The rulemaking provides that
the State Treasurer will notify invest-ment
pool participants of any increase
in the administrative fee above .05%
(previously, any increase or decrease
required notification). Also, the ad-ministrative
fee may be less than .05%
calculated on a daily basis.
AIR POLLUTION
The POLLUTION CONTROL BOARD
proposed an amendment to "Permits
and General Provisions" (35 Ill Adm
Code 201; 35 Ill Reg 14616) that al-lows
qualifying "smaller sources" of air
pollution to register with the Environ-mental
Protection Agency as an alter-native
to applying for a permit. (A
small source emits relatively low quan-tities
of such hazardous air pollutants
as carbon monoxide, lead, mercury,
and nitrogen oxides and meets other
specified criteria.) Owners and opera-tors
of such qualifying sources will no
longer be required to apply for con-struction
or operating permits, await
review of permit applications and per-mit
issuance, pay construction and
operating permit fees, and submit an
annual emissions report. Instead, they
will pay an annual fee, submit initial
and annual certifications stating that
the source continues to meet pro-gram
criteria, and keep records sup-porting
the certification. Covered top-ics
include how to determine whether
emissions meet statutory criteria, ini-tial
and renewal registration, record-keeping,
source changes that require
notification or a permit, and re-entry
into the program. Several thousand
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