August 2010 Issue                  800-252-3998August  2010
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 Illinois Small Business  Environmental Assistance Program Newsletter
The Illinois Small Business Environmental Assistance Program (IL SBEAP) is a federally mandated program to assist small companies in understanding their environmental requirements and achieving compliance.  The program is located in the non-regulatory, business assistance agency, the Department of Commerce and Economic Opportunity to alleviate small business' fears in seeking assistance. Questions?  Call 800-252-3998
In This Issue
Illinois Updates
Federal Updates
Environmental Insights
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Please Note Our New Address
IL Dept. of Commerce & Economic Opportunity
500 East Monroe R-5
Springfield, IL 62701
Click to Visit our Program website 
Autobody Shop Training Opportunities!
Autobody shops have until early January to come into compliance with the federal regulations on painting.  The Small Business Environmental Assistance Program is working to help shops meet the compliance requirements by offering some of the mandatory training to autobody shops.  The next workshop on the environmental requirements of the rule will be offered in Peoria on August 26th. 
For more information on this and future training dates please contact Erin Conley at 217/785-4557.  Click here to receive information on future training sessions. 
Illinois Regulatory Updates 
New IL Law Bans Sale of Lead and Mercury Wheel Weights
 Beginning January 1, 2012, lead and mercury wheel weights, or any other products used to balance tires, cannot be used, sold or distributed in Illinois. The law covers all vehicles in the state, except devices moved by human power, devices used exclusively upon stationary rails or tracks, and snowmobiles as defined in the Snowmobile Registration and Safety Act.  Governor Quinn signed Public Act 96-1296 into law on July 26, 2010
Retailers and Wholesalers of Consumer Products, Don't Sell It Unless You Know It Meets the Limits!!
The Illinois Consumer and Commercial Products rule limiting the content of volatile organic materials (VOMs) in consumer and commercial products became effective in July of 2009. The rule regulates any person who sells, supplies, offers for sale, or manufactures consumer products on or after July 1, 2009, for use in Illinois.  Consumer products are products used by the consumer and some examples include detergents, cleaning products, polishes, hair products, cosmetics, personal care products (e.g., deodorants), home lawn and garden products, disinfectants, sanitizers, aerosol paints, automotive specialty products (e.g., brake cleaners, degreasers, etc.), floor finishes, auto waxes, upholstery cleaners and charcoal. Existing stock manufactured before July 1, 2009 can exceed the mandated limits in the rule and be offered for sale until exhausted.  Products manufactured after to July 1, 2009 can be identified by the product date code. 
The rule identifies specific limitations on the percentage of VOM for each consumer product category. The seller must ensure the products they offer for sale in Illinois are at or below the VOM content limits allowable under the rule.   "Volatile organic material" (also "VOM") or "volatile organic compound" (also "VOC") means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, that participates in atmospheric photochemical reactions. For more on the definition of VOM see 35 Ill. Adm. Code 211.7150 "Definitions and General Provisions"
It is also important to note that some products registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 USC 136 through 136y) had until July 1, 2010, to comply with these standards.  In addition, there are special requirements for diluted products, and other specific products like charcoal lighter materials, aerosol adhesives, contact adhesives, adhesive removers, electronic cleaners, electrical cleaners, and products that contain methylene chloride and perchloroethylene. 
Retailers and wholesalers of consumer products should ensure the manufacturers of the products can provide documentation that their products meet Illinois' VOM limitations.
A copy of the Illinois Consumer and Commercial Products Rule can be found at : 

Proposed Amendments to the Illinois FESOP Permit Rules

The Illinois Pollution Control Board has proposed amendments to its permit regulations dealing with Federally Enforceable State Operating Permits (FESOPs).  In this rule, the Board is proposing to extend the duration of the FESOP permits from the current 5 year term to ten year terms.  This will result in fewer permit renewals and a reduction in paperwork for those facilities with FESOPs.

The rule, which is listed as R2010 - 21 "In the Matter of: 10-year Federally Enforceable State Operating Permits (FESOP) Amendments to 35 Ill. Adm. Code Part 201.162" is currently at the public comment stage.  The 45-day public comment phase runs through Monday, August 16, 2010.  For more information on the rule - or if you would like to provide comments on the proposal - go to:
IL Mercury Switch Removal Law  Extended: Compliance Assessments Underway 

The mercury switch removal law was scheduled to sunset on January 1, 2011.   Under a recently enacted amendment, vehicle recyclers, crushers, shredders and   other types of facilities processing end-of-life vehicles will now be required to remove mercury auto switches until January 1, 2017.   Automakers will also be required to continue to provide reimbursement of $2 for  each mercury light switch removed and $6 for  each anti-lock brake switch removed.  To assess compliance with the law, the Illinois EPA's Office of Pollution Prevention is conducting site visits at vehicle recyclers, crushers, shredders, and scrap metal processors.   The most common compliance issues found during the site visits include:  failure to submit an annual report; failure to maintain removal logs; and  failure to properly label  switch storage containers. 
Vehicle recyclers, crushers, shredders and scrap metal processors are required to keep quarterly records of the following information:  number of mercury switches removed by make, model and year of vehicle; the number of vehicles received that contained mercury switches; and the number of vehicles flattened, crushed, shredded or otherwise processed.   In addition, facilities must maintain records to document those vehicles with switches that are not accessible because of damage to the vehicle prior to the recycler or processor receiving the vehicle.  The records must be maintained on site for at least three years.  Annual reports must be submitted to Illinois EPA by August 15 each year for the period July 1 of the previous year through June 30 of the current year.  Annual report forms have been sent to all recyclers on the End of Life Vehicle Solutions list in June.  Report forms can be downloaded from the agency's web site at
Switches that have been removed from end-of-life vehicles must be stored in a closed container that is structurally sound and compatible with the switch.  Containers must also be designed to prevent escape of mercury into the environment.  Each container must be labeled on the outside as "Universal Waste- Mercury Containing Equipment."  The date the first switch was placed in the container must also be noted on the outside of the container.
It is also important to note that if an auto maintenance facility, auto body repair shop, or towing company removes parts from more than six end-of-life vehicles a year and the removed parts are sold or used on a vehicle being repaired, the business must comply with the law.
Please contact Becky Jayne at either or 217-524-9642 if you have any questions or would like more information.
Thermostat Disposal Regulations Become Law
With the support of thermostat manufacturers, environmental groups, and the Illinois EPA, Governor Pat Quinn signed the Illinois Mercury Thermostat Collection Act into law.  
Beginning July 1, 2011, no person may knowingly cause or allow the mixing of an out-of-service mercury thermostat with any other municipal waste that is intended for disposal at a sanitary landfill, and no person may knowingly cause or allow the disposal of an out-of-service mercury thermostat in a sanitary landfill.
Other highlights from the law include:

* HVAC contractors must remove and recycle mercury thermostats beginning July 1, 2011.  
* Thermostat wholesalers must be a collection point for thermostats beginning July 1, 2011.  Wholesalers not participating are prohibited from selling or distributing ANY thermostats.  
* Thermostat manufacturers must provide collection containers to wholesalers, qualified contractors, retailers and qualified local government authorities.  Manufacturers must also develop and distribute educational materials on the requirements of the law.  
* Illinois EPA must conduct outreach to those subject to the law; set goals for the number of thermostats to be collected annually between  2015 through 2020; and prepare a report for the governor and general assembly.  
* Performance Goals for the first four years of the program are specified in the law.  
* Penalties are included for manufacturers and wholesalers who do not meet the requirements of the law.
Do You Know about the Illinois On-Site Safety and Health Consultation Program?
The Illinois OSHA Program was established in 1977 to help small businesses meet federal health and safety regulations.   This program, located at the Department of Commerce and Economic Opportunity, can help identify potential hazards before they become dangerous problems.
This free service is 90% funded through the  U.S. Occupational Safety and Health Administration (OSHA).  This program and service is approved and trained by OSHA, which means the staff has reliable, first-hand knowledge of federal rules. But despite these close ties, they do not share information about your company with OSHA.  The services are FREE and available to any business with one or more employees, and the staff will provide confidential, comprehensive written reports containing findings and recommendations.  Additionally, they will provide follow-up services when requested. 
In a nutshell, they act as an exclusive advocate for your business, helping you meet current OSHA regulations and develop an ongoing safety and health program.
Some of the services include providing onsite safety surveys, industrial hygiene surveys, health and safety program audits, training and education, and management program development and assistance.
The Illinois On-Site Safety and Health Consultation Program's website will provide the tools needed to quickly process and organize forms, schedule appointments, document workplace improvements, get news and alerts and much more.   
A consultation can be requested by contacting the IL OnSite Safety and Health Consultation Program at:  (800) 972-4216
New Tools & Publications:
"Recycling Works: A Toolkit for Reducing Waste in the Workplace " Now Available
The Illinois Department of Commerce and Economic Opportunity (DCEO) in partnership with the Illinois Recycling Association (IRA) announced the availability of a tool to help Illinois businesses and organizations reduce the amount of material they pay to have landfilled.  
"Illinois businesses and other public and private entities still generate significant amounts of scrap and waste materials that end up being landfilled," said DCEO Director Warren Ribley.  "This toolkit is designed to provide businesses, schools, universities, governmental and other institutions with up-to-date information to evaluate and establish waste minimization and avoidance, reuse and recycling programs."

To help rollout the toolkit, a free seminar is currently scheduled on August 11 at the Clock Tower Conference Center in Rockford.  In addition, the IRA is seeking additional locations and groups throughout the state who are interested in partnering to host a recyling toolkit workshop. Interested groups should contact Mike Mitchell, Executive Director of IRA at 708-358-0550 (office), 773-203-3453 (cell) or via email at:
Specific details and registration information for this as well as future events can be found on the IRA's website,
The "Recycling Works" Toolkit is now available to be downloaded as a PDF document from DCEO ( or IRA  website above. 
In addition to this new guide, a database of recycling opportunities in Illinois is expected to be completed within the coming months.  More details will be forthcoming.
U.S. EPA Publishes Latest Data on Industrial and Toxics Releases
The U.S. Environmental Protection Agency (EPA) has published the latest data on industrial releases and transfers of toxic chemicals in the United States between Jan. 1 and Dec. 31, 2009.  EPA is making the Toxics Release Inventory (TRI) data available within weeks of the reporting deadline through its Web site and in the popular tools, TRI Explorer and Envirofacts. The database contains environmental release and transfer data on nearly 650 chemicals and chemical categories reported to EPA by more than 21,000 industrial and other facilities. 
Examples of industries that report to TRI include manufacturing, metal mining, electric utilities, and commercial hazardous waste treatment facilities among others.  Facilities must report their data by July 1st of each year.
The preliminary dataset includes more than 80 percent of the data expected to be reported for 2009.  EPA will continue to process paper submissions, late submissions, and to resolve issues with the electronic submissions.  The agency will update the dataset in August and again in September so citizens will have complete access to the information.  EPA encourages the public to review and analyze the data while EPA conducts its own analysis, which will be published later this year.
More information on the data:
Regulatory Reminders:
Did You Forget? New August 1, 2010 Printer Reporting Deadline

The Illinois Pollution Control Board finalized major changes in reporting requirements for printers in the Chicago and St. Louis Metro East nonattainment areas of the State defined as:  Cook, DuPage, Kane, Lake, McHenry and Will Counties, and Aux Sable Township and Goose Lake Township in Grundy County and Oswego Township in Kendall County and Madison, Monroe and St. Clair Counties.  
The new rule required that  some rotogravure, flexographic, lithographic and now letterpress printers certify to the Illinois EPA that the facility is exempt from the  rule or in compliance with the new rule requirements by August 1, 2010.  Certifications may require the printer to list all inks and coatings that are applied each day for each printing line, as well as their VOM content, and/or any supporting calculations to verify compliance or exemption of the rule.  
For more information concerning the rule click here.
Federal Regulatory Updates
EPA Delays Enforcement of Lead Renovation, Repair and Painting Rule for Certification & Training Portion of the Rule
The U.S. Environmental Protection Agency (EPA) recently announced it will delay enforcement of the new Lead Renovation, Repair and Painting Program (RRP) regulations.  The Agency issued a memorandum providing renovation firms and workers additional time to obtain necessary training and certifications to comply with its new lead paint rules.

EPA announced it will not fine renovation workers if he or she enrolls in or applies to enroll in a certified renovator class by September 30, 2010, and completes training by December 31, 2010. In addition, EPA will not take enforcement action for violations of the Lead RRP rule's firm certification requirement until October 1, 2010.  See the June 18 EPA memo regarding enforcement of the rule online. The Lead RRP rule took full effect April 22, 2010.  The rule applies to paid contractors working in pre-1978 housing, and child-occupied facilities (e.g., schools and day-care centers) with lead-based paint.  The current rules require construction firms and individual workers who perform renovations, repairs and/or painting projects in regulated facilities to comply with federal (TSCA Section 402(c)(3)) accreditation, training, certification, lead safe work practice, and recordkeeping requirements.  Only enforcement of the certification requirements are being delayed; any failure to follow lead safe work processes would trigger an immediate violation.
Opt-Out Provision Removed from Lead RRP Rule
Beginning July 6th , all contractors performing renovation, repair or painting work in homes built before 1978 must follow lead-safe work practice requirements.  A new EPA rule removes a provision from existing regulations that allowed owner-occupants of pre-1978 homes to "opt-out" of having their contractors follow lead-safe work practices if there were no children under six years of age in the home.

At present, almost a million children have elevated blood lead levels as a result of exposure to lead hazards, which can lead to lower intelligence, learning disabilities, and behavior issues. Adults exposed to lead hazards can suffer from high blood pressure and headaches. EPA has eliminated the so-called opt-out provision because improper renovations in older homes can create lead hazards resulting in harmful health effects for residents and visitors in these homes, regardless of age,. The result will better protect children and adult occupants during and after renovation, repair and painting projects.

In April 2008, EPA issued the Lead Renovation, Repair and Painting (RRP), which required the use of lead-safe work practices in pre-1978 homes but included the opt-out provision.  EPA's new rule, effective July 6th, removes the opt-out provision and makes the RRP consistent with statutory requirements.

The RRP rule requires certification of training providers and lead-safe work practice certification for individuals involved in the construction and remodeling industry.  More information on the lead RRP program: 
Coal Mines, Industrial Landfills, Industrial Wastewater Treatment and Magnesium Production Now Subject to Green House Reporting
On June 28, 2010, USEPA adopted amendments to the Mandatory Greenhouse Gas Reporting Rule.  In this rule, USEPA added four new categories of sources that are required to report their annual greenhouse gas emissions to USEPA.  In adding these new sources, Magnesium Production, Underground Coal Mines, Industrial Wastewater Treatment, and Industrial Landfills, USEPA has finalized the reporting requirements for these source categories (subparts T, FF, II and TT, respectively).  Additionally, USEPA stated that it had made a final decision not to include ethanol production and food processing as distinct subparts in the Rule, as well as the final decision not to include suppliers of coal in the Rule at this time.  With this final rule USEPA has taken action on all outstanding source categories and subparts from the original April 2009 proposal for the greenhouse gas reporting program. Click here for more information on this rule 
EPA Seeks Small Business Input on Proposed Stormwater Rule
The U.S. Environmental Protection Agency (EPA) is inviting small businesses and municipalities to nominate representatives to provide input on a proposed stormwater rule. The rule would strengthen the national stormwater program under the Clean Water Act (CWA) and focus on stormwater discharges from developed sites, such as subdivisions, roadways, industrial facilities, and commercial buildings or shopping centers.
Selected participants would provide input to a Small Business Advocacy Review panel, which will consist of officials from EPA, the U.S. Small Business Administration and the Office of Management and Budget. As required by the Regulatory Flexibility Act, EPA is establishing this panel because the rule could have a significant economic impact on small entities. The representatives will provide input on how EPA can minimize the potential burden on small entities of the proposed regulation. Nominations must be received by August 4, 2010.
More information about participating in the panel:  
More information about the rulemaking: 
USEPA Proposes New Regulations: Comments Due August 4th and 23rd 
Identification of Non-Hazardous Secondary Materials That Are Solid Waste: Proposed Rule   The proposed rule can be found in the Federal Register June 4, 2010 or click here. The proposal changes the definition of nonhazardous solid waste and may impact the three proposed regulations listed below.  This proposal clarifies which secondary materials are solid wastes when burned in combustion units, e.g., scrap tires, off-spec used oil, wood, coal refuse, and construction and demolition debris. Comments on the proposed regulation are due August 3, 2010
National Emission Standards for Hazardous Air Pollutants (NESHAP) for Area Sources: Industrial, Commercial, and Institutional Boilers; Proposed Rule   The proposed rule can be found in the Federal Register June 4, 2010 or click here.  This proposal regulates boilers at area sources that burn all fuel types, including natural gas, of all sizes, including boilers less than 10 mmBtu/hr.  This proposal was impacted by the proposed definition of nonhazardous solid waste regulation discussed above, which will determine if the combustion unit will be regulated as a boiler or as an incinerator.  Emission limits, work practice standards and energy assessments are few requirements mentioned. This proposal will also impact a lot of small businesses, commercial facilities and institutions including hotels, office buildings, restaurants, schools, hospitals and prisons.   Comments on this proposed regulation have been extended until August 23, 2010
NESHAP for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters; Proposed Rule   The proposed rule can be found in the Federal Register June 4, 2010 or click here.  This proposal regulates boilers and process heaters at major sources of hazardous air pollutants.  This proposal was impacted by the proposed definition of nonhazardous solid waste regulation discussed above, which will determine if the combustion unit will be regulated as a boiler or as an incinerator.  Emission limits, testing, monitoring and energy assessments are a few requirements mentioned.  Comments on this proposed regulation have been extended until August 23, 2010
Standards of Performance for New Stationary Sources (NSPS) and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units; Proposed Rule   The proposed rule can be found in the Federal Register June 4, 2010 or click here.  This proposal regulates new and existing commercial and industrial solid waste incinerators.  This proposal was impacted by the proposed definition of nonhazardous solid waste regulation discussed above, which will determine if the combustion unit will be regulated as a boiler under the other regulations mentioned above or as an incinerator under this proposal.  Emission limits and controls are a few requirements mentioned. This proposal will also impact energy recovery units, waste burning kilns, burn-off ovens and small, remote incineration units.   Comments on this proposed regulation have been extended until August 23, 2010.
USEPA Proposes Federal Implementation Plans To Reduce Interstate
Transport of Fine Particulate Matter and Ozone On August 2, 2010, the USEPA published a rule proposal that is intended to limit the interstate transport of emissions of nitrogen oxides (NOX) and sulfur dioxide (SO2). In this action, USEPA is proposing to both identify and limit emissions within 32 states in the eastern United States, including Illinois, that affect the ability of downwind states to attain and maintain compliance with the 1997 and 2006 fine particulate matter (PM2.5) national ambient air quality standards (NAAQS) and the 1997 ozone NAAQS. USEPA is proposing to limit these emissions through Federal Implementation Plans (FIPs) that regulate electric generating units (EGUs) in the 32 states. For more information on this proposed rule go to:  
Environmental Insights 


Autobody Shop Training Opportunities!
Autobody shops have until early January to come into compliance with the federal regulations on painting.  The Small Business Environmental Assistance Program is working to help shops meet the compliance requirements by offering some of the mandatory training to autobody shops.  The next workshop on the environmental requirements of the rule will be offered in Peoria on August 26th. 
For more information on this and future training dates please contact Erin Conley at 217/785-4557.  Click here to receive information on future training sessions.

Radon Risk & Your Patients Medical Conference

Do you know that radon is the leading cause of lung cancer among non-smokers? 

 Radon Risk & Your Patients will be held at the Simmons Cancer Institute at SIU School of Medicine on September 24th, 2010.  The conference is an opportunity  for professionals in the medical community and health field to learn more about radon and how to communicate the risk to their patients.    The conference is sponsored by the Illinois Emergency Management Agency, SIU School of Medicine Simmons Cancer Institute at SIU, American Lung Association in Illinois, SIUE School of Nursing and the Illinois Environmental Health Association.
Continuing education is available for physicians, nurses, sanitarians and respiratory care practitioners.  On-line registration can be found at:  



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