ACEC-IL Environmental Committee Meeting Minutes
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1 Meeting Minutes Hanson Offices, Springfield and Oak Brook, IL March 10, 2015 Attendees: Springfield: Lee Bloome Hanson Professional Services Inc. Bryan Cross Prairie Engineers of Illinois, P.C. Scott Harding SCI Engineering, Inc. April Holmes Quigg Engineering, Inc. Doug Mauntel Andrews Engineering Inc. Greg Michaud Johnson, Depp & Quisenberry Todd Peek Thouvenot, Wade & Moerchen, Inc. Michael Streff Farnsworth Group Amanda Withers Crawford, Murphy & Tilly (Chair) Marcia Willhite IEPA, Bureau of Water Oakbrook: John Bernardi Wynndalco Enterprises, LLC Val Bosscher Geosyntec Consultants, Inc. Jeff Freemen Engineering Enterprises, Inc. Reshawn Fields- Parsons Brinckerhoff Carolyn Grieves Baxter & Woodman, Inc. Bryan Luke Christopher B. Burke Engineering, Ltd. Andrew McKenna Lochner Jeremy Reynolds Huff & Huff, Inc. Erica Spolar Hampton, Lenzini and Renwick, Inc. Meeting Minutes 1. Self-Introductions at both locations and answered this question What are you looking forward to doing outside after the ice and snow is gone? Several folks were ready to get into their gardens, run outside and either play or watch outdoor sports, we are ready, bring on spring! 2. Presentation on Environmental Permitting including Wetlands Issues, speaker Marcia Willhite with Illinois EPA gave a presentation on the Illinois progress on its Nutrient Loss Reduction Strategy and how it relates to Gulf Hypoxia (IL contributes 20% N and 11% of P). Interim goals are a reduction of 15% for Nitrogen and 25% for Phosphorus by 2025 with ultimate goals of 45% reduction for both nutrients. The strategy can be found on IEPA s website at See PDF copy of presentation as attached and at March 10, 2015 Meeting Minutes Page 1 of 5
2 3. IEPA Bureau of Land Update (answers via from Heather Nifong) a. Are there any new regulatory issues or upcoming legislation since our committee meeting? Ans. The Used Tire rulemaking continues. The first hearing was held March 5, Here s the link to the Board s webpage for the Part 848 amendments: Plenty of new legislative bills, including proposals for e-waste (HB1455, SB35), sharps disposal (SB793), steelmaking slag (SB1572), organic waste collection ((HB437), MGP and PCB landfill ban for facilities located above the Mahomet Aquifer (HB1326), beneficial use determinations (HB4007), private water well testing by permitted facilities (SB1840), paint partnership (SB1261) and carpet stewardship (SB3546). b. Are there any major staffing changes or other changes from the BOL since our last meeting? Ans. No. c. Has the volume of permit applications changed since our last meeting? Has there been a rise or fall in applications? Ans. No. d. Any update on the SRP, TACO and Right-To-Know regulations discussed at the last meeting? Ans. The Board adopted the Right to Know rules we proposed last year. These rules are effective upon filing with the Secretary of State. Here s a link to the final order and opinion: No timetable for the SRP and TACO amendments to be filed. e. Has there been any impacts to the IEPA with regards to the change in Governor? Ans. We have four new staff: Deputy Director, Ryan McCreery; Chief Legislative Liaison, Donovan Griffith; Assistant Legislative Liaison, Katelyn Wallace; and Policy Advisor, Emily Clamp. 4. IEPA Bureau of Water Update (Al Keller) No questions were submitted by the committee. Marcia Willhite did give a brief update on guidance for Salt Storage as follows. IEPA has identified some situations at facilities that receive large bulk salt deliveries. Have initiated some enforcement actions. Not the most effective approach. Having meetings to discuss requirements for 30,000 ton of salt or more. Gathering information now and consider it as an Industrial stormwater issue. Getting chloride and cyanides, an anti-caking agent, in the discharge. 5. Approval of December 9, 2014 Meeting Minutes No comments, minutes were approved as drafted. If you find an error in the 12/9/14 meeting minutes please let Amanda know and it will be corrected. March 10, 2015 Meeting Minutes Page 2 of 5
3 6. Environmental Justice Update Greg Michaud submitted a report to the chair; the report is attached to these meeting minutes. Greg said the USEPA screening tool for social/economic information for the area to see if a study is required should be available by May Education/Sustainability Committee Update Scott Harding. Two (2) topics are scheduled for the remaining 2015 meetings, one presentation topic and one update topic on a smaller issue. The topics have all been assigned to committee members to seek presenters for the specific meeting dates. 8. IDNR Committee Update Lance Schuette was not in attendance, April Holmes said the IDNR group has not met since March of 2014 and she was unsure of the reasons. Amanda will seek information from ACEC-IL on the status of the IDNR committee and possibility of combining with our committee. 9. Legislative Updates ACEC-IL representative not present. Amanda will seek a written update and forward to the committee. 10. Other Business a. Our new BOL Liaison is Val Bosscher with Geosyntec Consultants, Inc. b. Bryan Cross, Prairie Engineers gave a detailed update on N. long-eared bats and Indiana bats Northern Long-Eared Bat Status The U.S. Wildlife Service is currently reviewing the Northern Long-Eared Bat for inclusion on the threatened and endangered species list. Once a species is listed, there is period following where the FWS develops rules and policies for protection. Due to the conditions of the species, the FWS has developed the 4(d) rule for the species to cover protection between the listing and the implementation of the final guidelines. If finalized, the rule, under section 4(d) of the ESA, would apply only in the event the Service lists the bat as threatened. The current public notice period closes March 17, 2015 with the announcement/agency decision anticipated to be released on April 2, [The probability of the agency not listing the species as threatened is low.] 4(d) rule: For areas of the country affected by white-nose syndrome [read: range within 150 miles of current WNS confirmed counties assume all of Illinois], the measures provided in the proposed 4(d) rule exempt take from forest management practices, maintenance and limited expansion of transportation and utility rights-of-way, removal of trees and brush to maintain prairie habitat, and limited tree removal projects, provided these activities protect known maternity roosts and hibernacula. The proposed 4(d) rule also exempts take as a result of removal of hazardous trees, removal of northern long-eared bats from human dwellings, and researchrelated activities. These measures are designed to protect northern long-eared bats when they are most vulnerable, including when they occupy hibernacula and during the two-month puprearing season from June through July. The greatest potential restrictions would be during these months, with reduced restrictions at all other times. No prohibition in non-wns areas under 4(d) rule. No ITA will be granted during 4(d) period for non-exempt actions. March 10, 2015 Meeting Minutes Page 3 of 5
4 2015 Indiana Bat Sampling Protocol White paper not released yet, but changes will include clarification of acoustical survey methodology and approved software (only one software analysis required going forward, not two different as currently required). Level of efforts of mist netting will be increased for ranges surrounding hibernacula where populations have dropped below 30% of pre-wns levels. Data is not in for 2014 counts so additional affected ranges not established yet for Note for bat surveyors in 2015, federal handling permits for Indiana Bats will serve as handling permits for Northern Long-Eared Bats during the 2015 sampling season. Reshawn asked about the exemption Bryan mentioned for transportation project, the exemption applies to transportation projects with right-of-way expansion but not necessarily new alignment. Upcoming Meetings: 2015 Meeting Dates - June 9, 2014 In Person, (Starved Rock, Utica, IL) September 8, 2014 Video Conference Call (Hanson Oak Brook and Springfield offices) December 8, 2014 In Person, Location TBD by new chair If you cannot attend please send someone else from your office. End of Meeting Minutes March 10, 2015 Meeting Minutes Page 4 of 5
5 Environmental Justice (EJ) Report to the ACEC Environmental Committee To: Amanda Withers From: Greg Michaud Subject: EJ Report to the ACEC Environmental Committee/March, 2015 The statewide Environmental Justice Advisory Committee, for which the ACEC is a member, met on December 16, Highlights from this meeting include: 1.) EJ Screen. This tool will combine environmental and demographic data to help identify geographic areas where Environmental Justice concerns might be present. USEPA hopes to make this tool available to the public in early 2015 (the original release in late 2014 was postponed due to unresolved data issues. Information will be available at the Census tract or block group level using the U.S. Census Bureau s American Community 5-Year Summary Survey of Environmental data will not be comprehensive. Direct water dischargers, Superfund sites, Risk Management Plan facilities, and treatment, storage and disposal facilities will be included. Air quality information will also be included. 2.) Clean Power Plant Proposed Rule Update. This proposed rule received extensive public comment and is thought to be the most commented upon proposed rule in USEPA history. The Illinois EPA submitted nearly ten pages of technical comments with input from the Illinois Commerce Commission. The final rule, when published, is anticipated to be substantially different from the proposed rule. Whether a regional cap and trade approach to air emissions will be adopted is still uncertain. March 10, 2015 Meeting Minutes Page 5 of 5
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