G. Tanner Girard, Acting Chairman
Board Members:
Thomas E. Johnson, Nicholas J. Melas, Andrea S. Moore
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
(312) 814-3620
(312) 814-6032 TDD
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
(217) 524-8500
Web Site: http://www.ipcb.state.il.us
Letter from the Chairman
As I prepare this letter on March 6, the General Assembly is considering several
bills that have particular interest for the Illinois Pollution Control Board, parties
appearing before us, and regulated entities. I’ve briefly summarized those bills
below, and you can obtain more specific information through the General
Assembly’s Web site at www.ilga.gov.
House Bill 316, sponsored by Representative Tom Holbrook, amends the
Environmental Protection Act. The bill states that for permits to develop or
construct new pollution control facilities and permits for local siting approval of
pollution control facilities, the appropriate county board or governing body of
the municipality for the facility shall be the county board of the county or the
governing body of the municipality in which the facility is located as of the date
when the application for siting approval is filed. The bill also provides that
facilities subject to provisions of the Act relating to garbage transfer stations
must be in compliance with the location requirements of those provisions as of the date the application for siting
approval is filed in order to obtain local siting approval for the pollution control facility. The proposed statutory
changes apply only to siting applications filed on or after the effective date of this amendatory Act. In addition,
House Bill 316 repeals the Illinois Pollution Prevention Act.
House Bill 1463, sponsored by Representative Sandra Pihos, also amends the Environmental Protection Act. The
bill provides that the term "waste" does not include discarded materials that are collected for recycling; processed
for recycling; or recovered for reuse. The current definition provides that waste includes all discarded material. In
addition, the bill replaces the current single definition for recycling, reclamation, or reuse with individual definitions
of the terms "reclamation", "recycling", and "reuse."
House Bill 1874, sponsored by Representative Elaine Nekritz, creates the Global Warming Response Act. The bill
requires that, by July 1, 2008, the Illinois Environmental Protection Agency must determine statewide greenhouse
gas emissions level in 1990 and propose to the Board a statewide greenhouse gas emission limit to be achieved by
2020 that is equivalent to that level. The bill provides that the Board must consider and either revise or adopt the
proposed level by January 1, 2009. The bill also requires that the IEPA must propose and the Board must adopt
rules to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions from
sources or categories of sources. The bill also provides for market-based compliance mechanisms.
Senate Bill 1419, sponsored by Senator Debbie Halvorson, amends the Environmental Protection Act. The bill
provides that the Section regarding control and reduction of emissions from fossil fuel-fired electric generating
plants is not intended to limit or restrict the authority of the Agency to propose, or the Board to adopt, any
regulations applicable or that may become applicable to these facilities that are required by federal law or that are
otherwise part of the State's plan to attain the national ambient air quality standards or that are necessary to comply
with the requirements of the federal Clean Air Act.
We are watching several other bills involving the Environmental Protection Act and environmental issues including:
HB 302 (Rep. Carolyn Krause), HB 324 (Rep. Chapin Rose), HB 516 (Rep. Careen Gordon), HB 819 (Rep. Kevin
Joyce), HB 1408 (Rep. Kurt Granberg), HB 3671 (Rep. Jim Meyer), HB 3672 (Rep. Jim Watson), and SB 663 (Sen.
Terry Link).
Sincerely,
G. Tanner Girard, Ph.D.
Acting Chairman
Environmental Register – February 2007
1
Inside This Issue:
FEDERAL UPDATE
P. 1
R
ULE UPDATE
P. 2
B
OARD ACTIONS
P. 4
N
EW CASES
P. 9
P
ROVISIONAL VARIANCES
P. 10
B
OARD CALENDAR
P. 10
R
ESTRICTED STATUS/CRITICAL REVIEW
P. 12
Back to top
Federal Update
United States Environmental Protection Agency Adopts Standards to Control Hazardous Air Pollutants From
Mobile Sources Under the Clean Air Act
On February 26, 2007 (72 Fed. Reg. 8427) the United States Environmental Protection Agency (USEPA) adopted final
rules to address hazardous air pollutants from mobile sources. The rules set controls on gasoline, passenger vehicles, and
portable fuel containers (primarily gas cans) and are intended to significantly reduce emissions of benzene and other
hazardous air pollutants (known as “mobile source air toxics”). The rules are effective April 27, 2007, with the first
compliance date set for 2009.
Benzene is a known human carcinogen, and according to USEPA, mobile sources are responsible for the majority of
benzene emissions. The other mobile source air toxics are known or suspected to cause cancer or other serious health
effects. The adopted rules limit the benzene content of gasoline to an annual refinery average of 0.62% by volume,
beginning in 2011. In addition USEPA established a maximum average standard for refineries of 1.3% by volume for
gasoline beginning on July 1, 2012. This acts as an upper limit on gasoline benzene content when credits are used to meet
the 0.62 volume % standard.
USEPA also limited exhaust emissions of hydrocarbons from passenger vehicles when the vehicles are operated at cold
temperatures. This standard will be phased in from 2010 to 2015. Evaporative emission standards were also adopted for
passenger vehicles; these standards are equivalent to those currently in effect in California.
Finally, USEPA adopted a hydrocarbon emissions standard for portable fuel containers beginning in 2009, which will
reduce evaporation and spillage of gasoline from these containers. These controls are intended to significantly reduce
emissions of benzene and other mobile source air toxics such as 1,3-butadiene, formaldehyde, acetaldehyde, acrolein, and
naphthalene. USEPA believes there will be additional substantial benefits to public health and welfare as a result of the
significant reductions in emissions of particulate matter from passenger vehicles.
For further information contact Mr. Chris Lieske, U.S. EPA, Office of Transportation and Air Quality, Assessment and
Standards Division (ASD), Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone
number: (734) 214-4584; fax number: (734) 214-4816; e-mail address: lieske.christopher@epa.gov
, or Assessment and
Standards Division Hotline; telephone number: (734) 214-4636; e-mail address: asdinfo@epa.gov
.
If any amendments to the Illinois air rules become necessary, the Board would expect the Illinois Environmental Protection
Agency to propose amendments using the Clean Air Act “fast-track” procedures at Section 28.5 of the Environmental
Protection Act (415 ILCS 5/28.5 (2004)).
Environmental Register – February 2007
2
Rule Update
Board Dismisses 5 Identical in Substance Rulemaking Dockets As Unnecessary:
Definition of VOM, USEPA Regulations (July 1, 2006 through December 31, 2006), R07-10;
UIC Update, USEPA Regulations (July 1, 2006 through December 31, 2006),
R07-12
RCRA Subtitle D Update, USEPA Regulations (July 1, 2006 through December 31, 2006), R07-13;
UST Update, USEPA Regulations (July 1, 2006 through December 31, 2006),
R07-15; RCRA Subtitle C Update,
USEPA Regulations (July 1, 2006 through December 31, 2006),
R05-13;
and
Wastewater Pretreatment, USEPA Regulations (July 1, 2006 through December 31, 2006), R05-17
Every six months the Board reserves a series of dockets for adoption of Board rules to accommodate any rules adopted by
the United States Environmental Protection Agency (USEPA) to implement various programs. On February 1, 2007, the
Board dismissed as unnecessary five dockets reserved to consider rules adopted by USEPA during the period July 1, 2006
through December 31, 2006. In each of the five program areas described below, USEPA adopted no rules during the
update period.
Definition of VOM (R07-1)
. Sections 7.2 and 9.1(e) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(e)
(2006)) requires the Board to adopt regulations that are “identical in substance” to regulations of the United States
Environmental Protection Agency (USEPA). 415 ILCS 5/7.2 (2006). Specifically, Section 9.1(e) of the Act (415 ILCS
5/9.1(e) (2006)) relates to the definition of “volatile organic material” (VOM) and those compounds that USEPA has found
to be exempted from regulation under state implementation plans for ozone due to negligible photochemical reactivity.
USEPA has codified these exemptions as part of its definitions at 40 C.F.R. 51.100(s).
UIC Program (R07-12)
. Section 13(c) of the Environmental Protection Act (415 ILCS 5/13(c) (2002)) requires the Board
to adopt regulations that are “identical in substance” to regulations of the United States Environmental Protection Agency
(USEPA). 415 ILCS 5/7.2 (2002). Specifically, Section 13(c) relates to underground injection control (UIC) regulations
that USEPA adopted to implement provisions of the Safe Drinking Water Act (42 U.S.C. § 300h
et seq
. (2000)). USEPA
has codified its UIC regulations at 40 C.F.R. 144 through 148.
RCRA Subtitle D (R07-13).
Section 22.40(a) of the Environmental Protection Act (415 ILCS 5/22.40(a) (2002)) requires
the Board to adopt regulations that are “identical in substance” to regulations of the USEPA. 415 ILCS 5/7.2 (2002).
Specifically, Section 22.40(a) relates to municipal solid waste landfill (MSWLF) regulations that USEPA adopted to
implement Subtitle D of the Resource Conservation and Recovery Act of 1976 (42 U.S.C §§ 6941-6949 (1998); RCRA
Subtitle D). USEPA has codified the federal MSWLF rules as 40 C.F.R. 258.
UST Update (R07-15)
. Section 22.4(d) of the Environmental Protection Act (415 ILCS 5/22.4(d) (2002)) requires the
Board to adopt regulations which are “identical in substance,” as defined at Section 7.2 of the Act (415 ILCS 5/7.2 (2002)),
to underground storage tank (UST) regulations promulgated by the USEPA pursuant to Section 9003 of the federal
Resource Conservation and Recovery Act of 1976 (RCRA) as amended, 42 U.S.C. § 6993 (2000), to implement Subtitle I
of RCRA (42 U.S.C. §§ 6991
et seq
. (2000)), with certain limitations. USEPA has codified its UST regulations at 40
C.F.R. 281 through 283.
Wastewater Pretreatment (R07-16)
. Sections 7.2 and 13.3 of the Environmental Protection Act (Act) (415 ILCS 5/7.2
and 13.3 (2006)), require the Board to adopt regulations that are “identical in substance” to regulations of the United States
Environmental Protection Agency (USEPA). 415 ILCS 5/7.2 (2006). Specifically, Section 13.3 relates to wastewater
pretreatment regulations that the USEPA adopted to implement Sections 307(b), (c), and (d) and 402(b)(8) and (b)(9) of
the federal Water Pollution Control Act (FWPCA) (33 U.S.C. §§ 1317(b), (c), and (d) and 1342(b)(8) and (b)(9) (2003)).
USEPA has codified the federal wastewater pretreatment rules as 40 C.F.R. 400 through 499.
Copies of the Board’s separate dismissal orders may be obtained by calling Dorothy Gunn at 312-814-3620, or by
downloading copies from the Board’s Web site at www.ipcb.state.il.us.
For additional information contact Mike McCambridge at 312/814-6924; e-mail address: mccambm@ipcb.state.il.us.
Board Adopts Final Order in Proposed Amendments to Tiered Approach to Corrective Action Objectives (35 Ill.
Adm. Code 742)(R06-10)
On February 15, 2007, the Board adopted final amendments in Proposed Amendments to Tiered Approach to Corrective
Action Objectives (35 Ill. Adm. Code 742)(R06-10). The Board made no substantive changes to this rulemaking since it
was adopted for first notice publication (September 29, 2006 (30 Ill. Reg
.
15366)). The amendments were filed with the
Environmental Register – February 2007
3
Secretary of State’s Index department with a February 23, 2007 effective date. The adopted amendments were published at
31 Ill. Reg. 4063 (March 9, 2007).
The adopted amendments update many provisions of the Tiered Approach to Corrective Action Objectives (TACO)
remediation rules, which are critical to addressing the risks posed by contaminated properties in Illinois. Among the
amendments adopted by the Board is the addition of background soil levels as remediation objectives for polynuclear
aromatic hydrocarbons (PAHs), reflecting that significant levels of PAHs are ubiquitous throughout much of Illinois. In
addition, the Board adopted revisions to protect construction workers at properties cleaned up to residential levels. This
change was needed because numerous chemicals listed in TACO were found to have “industrial/commercial construction
worker inhalation” remediation objectives that are more stringent than the “residential inhalation” objectives. Of course,
construction work may occur on residential properties, including emergency work or repairs, and many industrial or
commercial sites are cleaned up to TACO residential levels.
In Section 742.105(h), the Board clarified that landfills cannot use TACO in lieu of the procedures and requirements
applicable to landfills under 35 Ill. Adm. Code 807, 811-814.
The adopted amendments also clarify the use of Highway Authority Agreements (HAAs). These agreements are typically
between the highway authority and the property owner. The Board adopted changes to enhance flexibility in using
ordinances as institutional controls to restrict groundwater usage.
Lastly, the Board added new institutional control forms to be used by participants in regulatory programs subject to the
TACO remediation objectives. These forms are based on model documents that the Illinois Environmental Protection
Agency had posted on its Web site for easy public use.
Copies of the Board’s opinion and order in R06-10 may be obtained by calling Dorothy Gunn at 312-814-3620, or by
downloading copies from the Board’s Web site at www.ipcb.state.il.us.
For additional information contact Richard McGill at 312-814-6983; e-mail address mcgillr@ipcb.state.il.us.
Board Adopts Final Order in Revisions to Water Quality Standards for Total Dissolved Solids in the Lower Des
Plaines River for ExxonMobil Oil Corporation: Proposed 35 Ill. Adm. Code 303.445 (R06-24)
On February 15, 2007, the Board adopted a final opinion and order in Revisions to Water Quality Standards for Total
Dissolved Solids in the Lower Des Plaines River for ExxonMobil Oil Corporation: Proposed 35 Ill. Adm. Code
303.445,R06-24. The site-specific rulemaking addresses discharges of Total Dissolved Solids (TDS) from the ExxonMobil
Joliet Refinery in Will County during the months of November through April in each year. The Board made no substantive
changes to this rulemaking since it was adopted for first notice publication (March 17, 2006 (30 Ill. Reg
.
4581)). The
adopted amendments were filed with the Secretary of State’s Index department and are scheduled to be published in the
Illinois Register
on March 16, 2007.
The adopted amendments apply to a specific stretch of the Des Plaines River from the ExxonMobil refinery wastewater
treatment plant discharge point located at I-55 and Arsenal Road to the Interstate 55 bridge. The new rule sets 1,686
milligrams per liter (mg/L) as the TDS level for both Secondary Contact and Indigenous Aquatic life Use Waters General
Use Waters. This 1,686 mg/L standard applies instead of the general use standard of 1,000 mg/L found in 35 Ill. Adm.
Code 302.208 and the secondary contact use standard of 1,500 mg/L found in 302.407.
Copies of the Board’s opinion and order in R06-24 may be obtained by calling Dorothy Gunn at 312-814-3620, or by
downloading copies from the Board’s Web site at www.ipcb.state.il.us
.
For additional information contact John Knittle at 217-278-3111; e-mail address knittlej@ipcb.state.il.us
Environmental Register – February 2007
4
Board Actions
February 1, 2007
Via Videoconference
Springfield and Chicago, Illinois
Rulemakings
R07-10
In the Matter of: Definition of VOM Update, USEPA Amendments (July 1,
2006 through December 31, 2006) – The Board dismissed this reserved
identical-in-substance docket because the United States Environmental
Protection Agency did not amend its exemptions from the definition of
underground storage tank during the update period of July 1, 2006 through
December 31, 2006.
4-0
R, Air
R07-12
In the Matter of: UIC Update, USEPA Amendments (July 1, 2006 through
December 31, 2006) – The Board dismissed this reserved identical-in-substance
docket because the United States Environmental Protection Agency did not
amend its underground injection control regulations during the update period of
July 1, 2006 through December 31, 2006.
4-0
R, Land
R07-13
In the Matter of: RCRA Subtitle D (Municipal Solid Waste Landfill) Update,
USEPA Amendments (July 1, 2006 through December 31, 2006) – The Board
dismissed this reserved identical-in-substance docket because the United States
Environmental Protection Agency did not amend its municipal solid waste
landfill regulations during the update period of July 1, 2006 through
December 31, 2006.
4-0
R, Land
R07-15
In the Matter of: UST Update, USEPA Amendments (July 1, 2006 through
December 31, 2006) – The Board dismissed this reserved identical-in-substance
docket because the United States Environmental Protection Agency did not
amend its exemptions from the definition of underground storage tank during the
update period of July 1, 2006 through December 31, 2006.
4-0
R, Land
R07-16
In the Matter of Wastewater Pretreatment Update, USEPA Amendments (July 1,
2006 through December 31, 2006) – The Board dismissed this reserved
identical-in-substance docket because the United States Environmental
Protection Agency did not amend its wastewater pretreatment regulations during
the update period of July 1, 2006 through December 31, 2006.
4-0
R, Water
Administrative Citations
AC 04-51
IEPA v. Michael Moreton
– The Board entered an interim opinion and order
finding respondent violated Sections 21(p)(1) and (p)(7) of the Act (415 ILCS
5/21(p)(1), (p)(7) (2004)) and assessing a penalty of $3,000. The Board ordered
the Clerk of the Board and the Environmental Protection Agency to file, on or
before February 22, 2007, a statement of hearing costs, supported by affidavit,
with service on respondent. Respondent may respond to the cost statement
within 14 days of service.
4-0
Environmental Register – February 2007
5
AC 07-28
IEPA v. Charles Norman Bartlett
– The Board accepted for hearing this petition
for review of an administrative citation against this Calhoun County respondent.
4-0
Motions and Other Matters
PCB 05-29
Mather Investment Properties, L.L.C. v. Illinois State Trapshooters Association,
Inc. – The Board granted the parties’ joint motion to dismiss, denied all other
pending motions as moot, and closed the docket.
4-0
L-E
PCB 06-88
Biggs Brothers Service Center v. IEPA
– The Board granted this St. Clair
County facility’s motion for voluntary dismissal of this underground storage tank
appeal.
4-0
UST Appeal
PCB 07-3
People of the State of Illinois v. East Lynn Community Water System, Inc.
–
Upon receipt of a proposed stipulation and settlement agreement and an agreed
motion to request relief from the hearing requirement in this water enforcement
action involving a Vermilion County facility, the Board ordered publication of
the required newspaper notice.
4-0
W-E
PCB 07-30
The Premcor Refining Group Inc. v. IEPA
– The Board granted petitioner’s
agreed motion to supplement the administrative record.
4-0
P-A, Air
PCB 07-70
People of the State of Illinois v. Timmermann Farms, Ltd.
– The Board accepted
for hearing this water enforcement action involving a site located in Clinton
County.
4-0
W-E
February 15, 2007
Chicago, Illinois
Rulemakings
R06-10
In the Matter of: Proposed Amendments to Tiered Approach to Corrective
Action Objectives (35 Ill. Adm. Code 742) – The Board adopted a final opinion
and order in this rulemaking which amends the Board’s land pollution control
regulations.
4-0
R, Land
R06-24
In the Matter of: Revisions to Water Quality Standards for Total Dissolved
Solids in the Lower Des Plaines River for ExxonMobil Oil Corporation:
Proposed 35 Ill. Adm. Code 303.445 – The Board adopted a final opinion and
order in this site-specific rulemaking which amends the Board’s water pollution
control regulations.
4-0
R, Water
Adjusted Standards
AS 07-1
In the Matter of: Petition of BP Products North America Inc. for an Adjusted
Standard to 35 Ill. Adm. Code 720.122 – The Board denied this petition for an
adjusted standard seeking a Resource Conservation and Recovery Act hazardous
waste delisting for leachate generated from a landfill, located at the former
Amoco Wood River refinery, in Wood River, Madison County. The Board
4-0
Johnson
concurred
Land
Environmental Register – February 2007
6
found that petitioner had not provided justification required by Section 28.1 of
the Environmental Protection Act (415 ILCS 5/28.1 (2004)).
AS 07-3
In the Matter of: Petition of Midwest Generation, L.L.C., Waukegan Generating
Station for an Adjusted Standard from 35 Ill. Adm. Code 225.230 – The Board
accepted for hearing this petition for an adjusted standard seeking relief from the
rules limiting emission of mercury from coal-fired electrical generating units
adopted by the Board on December 21, 2006, in Proposed New 35 Ill. Adm.
Code 225 Control of Emissions from Large Combustion Sources (Mercury),
R06-25.
4-0
Air
AS 07-4
In the Matter of: Petition of Midwest Generation, L.L.C., Will County
Generating Station for an Adjusted Standard from 35 Ill. Adm. Code 225.230 –
The Board accepted for hearing this petition for an adjusted standard seeking
relief from the rules limiting emission of mercury from coal-fired electrical
generating units adopted by the Board on December 21, 2006, in Proposed New
35 Ill. Adm. Code 225 Control of Emissions from Large Combustion Sources
(Mercury), R06-25.
4-0
Air
Administrative Citations
AC 05-8
IEPA v. Ted Harrison and Gerald S. Gill
– In response to a joint stipulation and
settlement agreement in this administrative citation action involving a Woodford
County facility, the Board found that respondent Ted Harrison had violated
Section 21(p)(1) of the Environmental Protection Act (415 ILCS 5/21(p)(1)
(2004)) and ordered Harrison to pay a civil penalty of $1,500. The Board also
granted the parties’ joint motion to dismiss respondent’s petition for review, the
alleged violation of 415 ILCS 5/21(p) (7) (2004), and complainant’s motion to
dismiss Gerald S. Gill from this action.
4-0
AC 07-4
IEPA v. Frank Wilhelm
– The Board granted respondent’s motion to withdraw
his motion to dismiss, after granting complainant’s motion to withdraw this
administrative citation. The Docket is closed.
4-0
AC 07-30
IEPA v. Bobby G. Myers and Donald D. Myers
– The Board accepted
respondents’ petition for review in this administrative citation involving a Union
County facility, and set the matter for hearing.
4-0
Decisions
PCB 06-132
People of the State of Illinois v. Lake Pointe Estates L.L.C.
– In this water
enforcement action concerning a Sangamon County facility, the Board granted
relief from the hearing requirement of Section 31(c)(1) of the Environmental
Protection Act (415 ILCS 5/31(c)(1) (2004)), accepted a stipulation and
settlement agreement, and ordered the respondent to pay a total civil penalty of
$7,500, and to cease and desist from further violations.
4-0
W-E
Environmental Register – February 2007
7
PCB 06-188
People of the State of Illinois v. Karam Topor and Surjit Toor, individuals d/b/a
Toor Car and Truck Plaza and Singh Inc. of Illinois d/b/a Toor Car and Truck
Plaza – In this water enforcement action concerning a Lake County facility, the
Board granted relief from the hearing requirement of Section 31(c)(1) of the
Environmental Protection Act (415 ILCS 5/31(c)(1) (2004)), accepted a
stipulation and settlement agreement, and ordered the respondents to pay a total
civil penalty of $6,300, and to cease and desist from further violations.
4-0
W-E
PCB 07-24
Webb & Sons, Inc. v. IEPA
– In an interim opinion and order, the Board
affirmed respondent’s rejection of petitioner’s proposed budget for personnel for
four specified job titles, but reversed the Illinois Environmental Protection
Agency’s (Agency’s) rejection of petitioner’s proposed budget for the 16
remaining job titles in the proposed personnel budget. The Board also granted
petitioner’s motion to incorporate specified documents by reference into the
record of this proceeding, but reserved ruling on its request for the
reimbursement of fees. Petitioner must file on or before March 8, 2007, a
statement of its legal fees and costs that may be eligible for reimbursement and
its argument why the Board could exercise its discretion to direct the Agency to
reimburse those costs. The Agency must respond on or before March 29, 2007.
4-0
UST Appeal
Motions and Other Matters
PCB 03-198
Ted Harrison Oil Co., Inc. v. IEPA
– The Board granted this Cass County
facility’s motion for voluntary dismissal of this underground storage tank appeal.
4-0
UST Appeal
PCB 04-185
Midwest Generation EME, L.L.C. v. IEPA
– The Board denied petitioner’s
motion to extend the stay of this trade secret appeal.
4-0
T-S
Appeal
PCB 04-215
Commonwealth Edison Company v. IEPA
– The Board denied petitioner’s
motion to extend the stay of this trade secret appeal.
4-0
T-S
Appeal
PCB 04-216
Midwest Generation EME, L.L.C. v. IEPA
– The Board denied petitioner’s
motion to extend the stay of this trade secret appeal. The Board also denied
petitioner’s motion for partial reconsideration and granted leave to file a motion
for a limited remand.
4-0
T-S
Appeal
PCB 05-49
Morton F. Dorothy v. Flex-N-Gate Corporation
– In response to respondent’s
renewed motion, the Board granted summary judgment in respondent’s favor
and closed this docket.
4-0
A&L-E
PCB 05-157
Grand Pier Center L.L.C. and American International Specialty Lines Insurance
Co. as subrogee of Grand Pier Center L.L.C. v. River East L.L.C, Chicago Dock
and Canal Trust, Chicago Dock and Canal Company, and Tronox L.L.C.;
Tronox L.L.C. v. Grand Pier Center L.L.C. and American International Specialty
Lines Insurance Co. – The Board granted complainants’ motion for default
4-0
Citizens
L-E
Environmental Register – February 2007
8
judgment against River East L.L.C. and Chicago Dock and Canal Trust. The
Board reserved ruling on any penalties or cost recovery to be levied against
River East and Chicago Trust until the remaining allegations of the complaint
and cross-complaint have been resolved and the Board enters a final order.
PCB 06-79
People of the State of Illinois v. City of Gillespie
– Upon receipt of a proposed
stipulation and settlement agreement and an agreed motion to request relief from
the hearing requirement in this water enforcement action involving a Macoupin
County facility, the Board ordered publication of the required newspaper notice.
4-0
W-E
PCB 06-184
Peoria Disposal Company v. Peoria County Board
– The Board denied
petitioner’s motion for summary judgment, and motion for reconsideration of the
December 21, 2006 Board order granting leave to supplement the record on
appeal and file second amended index.
4-0
P-C-F-S-R
PCB 07-31
Celozzi-Ettelson Chevrolet, Inc. v. IEPA
– Having previously granted a request
for a 90-day extension, the Board dismissed this matter because no underground
storage tank appeal was filed on behalf of this DuPage County facility.
4-0
UST Appeal
PCB 07-36
Noveon, Inc. v. IEPA
– The Board granted petitioner’s motion for voluntary
dismissal of this request for a 90-day extension of the appeal period.
4-0
P-A, Air
PCB 07-71
Lone Star Industries, Inc. v. IEPA
– The Board accepted for hearing this permit
appeal on behalf of this LaSalle County facility. The Board reserved ruling on
petitioner’s motion to stay the effectiveness of the contested construction permit
conditions.
4-0
P-A, Air
PCB 07-72
LRV Farms-Prophetstown (Property Identification Numbers 2117100001 &
2117100002) v. IEPA – Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that specified facilities
of LRV Farms, located in Whiteside County, are pollution control facilities for
the purpose of preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2004)).
4-0
T-C
Land
PCB 07-73
People of the State of Illinois v. Randy Edmund d/b/a Edmund Farms
– Upon
receipt of a complaint accompanied by a proposed stipulation and settlement
agreement and an agreed motion to request relief from the hearing requirement
in this water enforcement action involving a Henry County facility, the Board
ordered publication of the required newspaper notice.
4-0
W-E
PCB 07-74
Pinnacle Foods Group Inc. (Property Identification Number 01-12-34-200-002)
v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified facilities of
Pinnacle Foods Group Inc,. located in Fayette County, are pollution control
facilities for the purpose of preferential tax treatment under the Property Tax
Code (35 ILCS 200/11-10 (2004))
4-0
T-C
Water
Environmental Register – February 2007
9
PCB 07-75
Marathon Petroleum Company, L.L.C. Robinson Refinery (Parcel 54-34-1-21) v.
IEPA – Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified facilities of
Marathon Petroleum Company, L.L.C., located in Crawford County, are
pollution control facilities for the purpose of preferential tax treatment under the
Property Tax Code (35 ILCS 200/11-10 (2004))
4-0
T-C
Water
PCB 07-76
2F, Inc. v. IEPA
– The Board accepted for hearing this underground storage tank
appeal involving a Saline County facility.
4-0
UST Appeal
New Cases
February 1, 2007 Board Meeting
07-070
People of the State of Illinois v. Timmermann Farms, Ltd. – The Board accepted for hearing this water enforcement
action involving a site located in Clinton County.
07-071
Lone Star Industries, Inc. v. IEPA
– No action taken.
February 15, 2007 Board Meeting
07-072
LRV Farms-Prophetstown (Property Identification Numbers 2117100001 & 2117100002) v. IEPA – Upon receipt
of the Illinois Environmental Protection Agency’s recommendation, the Board found and certified that specified facilities
of LRV Farms, located in Whiteside County, are pollution control facilities for the purpose of preferential tax treatment
under the Property Tax Code (35 ILCS 200/11-10 (2004)).
07-073
People of the State of Illinois v. Randy Edmund d/b/a Edmund Farms
– Upon receipt of a complaint accompanied
by a proposed stipulation and settlement agreement and an agreed motion to request relief from the hearing requirement in
this water enforcement action involving a Henry County facility, the Board ordered publication of the required newspaper
notice.
07-074
Pinnacle Foods Group Inc. (Property Identification Number 01-12-34-200-002) v. IEPA
– Upon receipt of the
Illinois Environmental Protection Agency’s recommendation, the Board found and certified that specified facilities of
Pinnacle Foods Group Inc,. located in Fayette County, are pollution control facilities for the purpose of preferential tax
treatment under the Property Tax Code (35 ILCS 200/11-10 (2004))
07-075
Marathon Petroleum Company, L.L.C. Robinson Refinery (Parcel 54-34-1-21) v. IEPA
– Upon receipt of the
Illinois Environmental Protection Agency’s recommendation, the Board found and certified that specified facilities of
Marathon Petroleum Company, L.L.C., located in Crawford County, are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2004))
07-076
2F, Inc. v. IEPA
– The Board accepted for hearing this underground storage tank appeal involving a Saline County
facility.
AC 07-034
County of Jackson v. Alvin Valdez and Ruben Valdez
– The Board accepted an administrative citation against
these Jackson County respondents.
AC 07-035
County of Jackson v. Gary Easton
- The Board accepted an administrative citation against this Jackson County
respondent.
AC 07-036
IEPA v. Lawrence Abraham Bartolomucci
– The Board accepted an administrative citation against this Jackson
County respondent.
AC 07-037
IEPA v. Lawrence Abraham Bartolomucci
– The Board accepted an administrative citation against this Jackson
County respondent.
AC 07-038
IEPA v. Lawrence Abraham Bartolomucci
– The Board accepted an administrative citation against this Jackson
County respondent.
Environmental Register – February 2007
10
AC 07-039
County of Jackson v. Gary Easton
- The Board accepted an administrative citation against this Jackson County
respondent.
AC 07-040
IEPA v. Glen I. Suttles and Elizabeth J. Suttles
– The Board accepted an administrative citation against these
Morgan County respondents.
AC 07-041
IEPA v. Glen I. Suttles and Elizabeth J. Suttles
– The Board accepted an administrative citation against these
Morgan County respondents.
AC 07-042
IEPA v. Waste Management of Illinois, Inc. and CT Corporation System
– The Board accepted an
administrative citation against these Peoria County respondents.
Provisional Variances
IEPA 07-13 AMPAC Flexibles v. IEPA
– On February 20 2007, the Illinois Environmental Protection Agency granted
AMPAC Flexibles a provisional variance, subject to conditions, from the applicable requirements from conditions 7.1.6(b)
and 7.2.6 in CAAPP Permit #95090019, as well as from 35 Ill. Adm. Code 218.204, 218.207, 218.401, and 218.404.
AMPAC Flexibles requested the provisional variance to continue operating its flexographic press and two laminators until
a replacement regenerative thermal oxidizer (RTO) is installed and operational at its facility located in Cary, McHenry
County. Relief was granted beginning February 15, 2007, until such time as a new RTO is installed, or through March 31,
2007, whichever occurs first.
Public Act 93-0152 (Senate Bill 222) amended Sections 35-37 of the Illinois Environmental Act (415 ILCS 5/5(b)
(2002)) so that provisional variances are issued by the Illinois Environmental Protection Agency (IEPA). If the IEPA
grants a provisional variance, then the IEPA must file a copy of its written decision with the Board. The Board must
maintain copies of the provisional variances for public inspection. Copies of provisional variances can be obtained by
contacting the Clerk’s Office at (312) 814-3620, or by visiting the Board’s Website at www.ipcb.state.il.us. If the IEPA
denies a provisional variance request, then the applicant may initiate a proceeding with the Board for a full variance.
Calendar
3/1/07
9:30 AM
R07-08
In the Matter of: Proposed
Amendments to Solid Waste Landfill
Rules, 35 Ill. Adm. Code 810 and
811
Pollution Control Board
Conference Room
1021 N. Grand Avenue East
(North Entrance, IEPA
Building)
Springfield
3/1/07
11:00 AM
Illinois Pollution Control Board Meeting
Illinois Pollution Control
Board
Hearing Room
1021 North Grand Avenue
East
North Entrance
Springfield
3/07/07
10:30 AM
R07-9
In the Matter of: Triennial Review
of Sulfate and Total Dissolved Solids
Water Quality Standards: Proposed
Amendments to 35 Ill. Adm. Code
302.102(b)(6), 302.102(b)(8),
302.102(b)(10), 302.208(g),
309.103(c)(3), 405.109(b)(2)(A),
409.109(b)(2)(B), 406.100(d);
Repealer of 35 Ill. Adm. Code
406.203 and Part 407; and Proposed
News 35 Ill. Adm. Code 302.208(h)
IEPA Office Building
Training Room 1214 West
1021 N. Grande Avenue East
(North Entrance)
Springfield
Environmental Register – February 2007
11
3/14/07
9:00 AM
AC 06-49
IEPA v. Michael Gruen and Jon Eric
Gruen, d/b/a Jon’s Tree Service
(IEPA File No. 96-06-AC)
Carlinville City Hall Council
Chambers
550 N. Broad Street
Carlinville
3/15/07
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Room 9-040
100 W. Randolph Street
Chicago
4/5/07
11:00 AM
Illinois Pollution Control Board Meeting
Videoconference
Chicago/Springfield
James R. Thompson Center
Hearing Room 11-512
100 W. Randolph Street
Chicago
And
1021 N. Grand Avenue East
Oliver Holmes Conference
Room 2012 N
Springfield
4/19/07
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Room 9-040
100 W. Randolph Street
Chicago
04/23/07
10:00 AM
R07-9
In the Matter of: Triennial Review
of Sulfate and Total Dissolved Solids
Water Quality Standards: Proposed
Amendments to 35 Ill. Adm. Code
302.102(b)(6), 302.102(b)(8),
302.102(b)(10), 302.208(g),
309.103(c)(3), 405.109(b)(2)(A),
409.109(b)(2)(B), 406.100(d);
Repealer of 35 Ill. Adm. Code
406.203 and Part 407; and Proposed
News 35 Ill. Adm. Code 302.208(h)
James R. Thompson Center
Room 9-031
100 W. Randolph
Chicago
5/3/07
11:00 AM
Illinois Pollution Control Board Meeting
Illinois Pollution Control
Board
Hearing Room
1021 North Grand Avenue
East
North Entrance
Springfield
5/16/07
9:00 AM
AC 06-16
IEPA v. Rex D. Evans and Roy W.
Evans, Jr. (Road Dist. No.
10/Evans)(IEPA File No. 442-05-
AC)(Consolidated: AC 06-16 and
AC 06-17
Municipal Building
2
nd
Floor Commission Room
200 W. Douglas
Jacksonville
5/16/07
9:00 AM
AC 06-17
IEPA v. Rex D. Evans and Roy W.
Evans, Jr. (Road Dist. No.
11/Evans)(IEPA File No. 443-05-
AC)(Consolidated: AC 06-16 and
AC 06-17
Municipal Building
2
nd
Floor Commission Room
200 W. Douglas
Jacksonville
5/17/07
11:00 AM
Illinois Pollution Control Board Meeting
James R. Thompson Center
Room 9-040
100 W. Randolph Street
Chicago
Environmental Register – February 2007
12
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
DIVISION OF WATER POLLUTION CONTROL
RESTRICTED STATUS LIST
In order to comply with 35 Illinois Administrative Code Section 306.401, Illinois Pollution Control Board Regulations, the
Illinois EPA has prepared the following list of facilities which are on Restricted Status. Restricted Status is defined as the
Agency determination that a sewer or lift station has reached hydraulic capacity or that a sewage treatment plant has
reached design capacity, such that additional sewer connection permits may no longer be issued without causing a violation
of the Act or Regulations. Please note that the list is continually being revised to reflect the current situation. Therefore, if
you have any questions on the capability of a treatment facility or transport system, please contact this Agency for a final
determination. This listing reflects the status as of January 17, 2007.
Facility names followed by an asterisk (*) indicates that construction is underway to ultimately alleviate problems, which
resulted in imposition of Restricted Status. Facilities followed by a double asterisk (**) are additions to the list.
FACILITY NAME
RESPONSIBLE AUTHORITY
COUNTY
REMAINING
CAPACITY
Bourbonnais (Belle Aire Subd.)
Village of Bourbonnais
Kankakee
0
Camelot Utilities
Wastewater Collection System
Camelot Utilities
Will
0
Camp Point
(a portion mh 60-68)
Village of Camp Point
Adams
0
Clearview S.D.
Clearview S.D.
McLean
0
Davis Junction
Village of Davis Junction
Ogle
0
East Alton
City of East Alton
Madison
0
Farmington
City of Farmington
Fulton
0
Harvard WWTP
City of Harvard
McHenry
0
Hurst & Blairville Collection
S
YSTEM
City of Hurst
Williamson
0
Port Byron STP
Village of Port Byron
Rock Island
0
Richmond WWTP
Village of Richmond
McHenry
Rosewood Heights S.D.-
Ninth Street LS
Rosewood Heights S.D.
Madison
0
Saint Elmo
City of Saint Elmo
Fayette
0
South Palos Twp. SD
South Palos Twp.
South Palos Twp.
0
Sundale Utilities – Washington Estates
STP
Sundale Utilities Corporation
Tazewell
0
Taylorville-Shawnee Ave.
P
UMP STATION
City of Taylorville
Christian
0
Utilities Unlimited
Utilities Unlimited
Will
0
Washington (Rolling Meadows)
City of Washington
Tazewell
0
Deletions from previous quarterly report
: Lockport Heights STP, Bonnie Brae Forest Manor STP
Additions from previous quarterly report
: None
Environmental Register – February 2007
13
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
DIVISION OF WATER POLLUTION CONTROL
CRITICAL REVIEW LIST
In order to comply with 35 Illinois Administrative Code Section 306.401, Illinois Pollution
Control Board Regulations, the Illinois Environmental Protection Agency has prepared the
following list of facilities which are on Critical Review. Critical Review as defined as the Agency
determination that a sewer or lift station is approaching hydraulic capacity or that a sewage
treatment plant is approaching design capacity such that additional sewer connection permit
applications will require close scrutiny to determine whether issuance would result in a violation
of the Act or Regulations. Please note that these lists are continually being revised to reflect the
current situation. Therefore, if you have any questions on the capability of a treatment facility or
transport system, please contact the Agency for a final determination. This listing reflects the
status as of December 29, 2006.
Facility names followed by a double asterisk (**) are additions to the list.
FACILITY
NAME
RESPONSIBLE
AUTHORITY
COUNTY
REMAINING
CAPACITY
PE ADDED
SINCE
LAST LIST
Algonquin
Village of Algonquin
Kane
629
0
Aqua Illinois, Inc. University
Park
Aqua Illinois, Inc.
Will
1,428
0
Antioch STP
Village of Antioch
Lake
421
0
Beardstown SD
City of Beardstown
Cass
1,731
Benton-Southeast STP
City of Benton
Franklin
60
0
Bethalto (L.S. #1)
Village of Bethalto
Madison
87
0
Carrier Mills
Village of Carrier Mills
Saline
836
0
Carrollton
City of Carrollton
Greene
140
0
Citizens Utilities Co. of Ill.-
River Grange
Citizens Utilities Co.
of Ill.
Will
10
0
Charleston
City of Charleston
Coles
5,210
49
Downers Grove S.D.
Downers Grove S.D.
DuPage
1,709
345
East Dundee STP
Village of E. Dundee
Kane
525
25
Elkville
Village of Elkville
Jackson
6
0
Ferson Creek Utilities Co.
Utilities, Inc.
Will
70
0
LCPWD-Diamond-
Sylvan STP
County of Lake Public
Works Department
Lake
0
0
Lockport
City of Lockport
Will County
0
29
Moline (North Slope)
City of Moline
Rock Island
1,151
0
Morris STP
City of Morris
Grundy
0
0
New Lenox STP 1***
Village of New Lenox
Will
0
89
Paris STP
City of Paris
Edgar
0
Rock Island (Main)
City of Rock Island
Rock Island
3,054
0
Streator
City of Streator
LaSalle/
Livingston
700
0
Wauconda – Remaining
Collection System
& Lakeview Villa LS
Village of Wauconda
Lake
***
Wauconda WWTP
Village of Wauconda
Lake
125
Deletions from previous quarterly report
: None
Additions from previous quarterly report
: None
***Contact IEPA – Permit Section
Environmental Register – February 2007
14
MAP:\epa1176\rscr\sept3q06final.doc
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Environmental Register Comment Card
The Illinois Pollution Control Board is an independent five-member board
that adopts environmental control standards, rules on enforcement actions,
and other environmental disputes for the State of Illinois.
The
Environmental Register
is published monthly by the Board, and
contains
updates on rulemakings, descriptions of final decisions, the Board’s hearing
calendar, and other environmental law information.
------------------------------------------------CUT HERE------------------------------------------------
Illinois Pollution Control Board
Environmental Register Coordinator
1021 N. Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
