9502-491.doc

POLLUTION CONTROL BOARDELECTRONIC BULLETIN BOARD SYSTEM (BBS)

Printed on Recycled Paper

NVIRONMENTAL

EGISTER

No. 491

Illinois Pollution Control Board News

February, 1995

GENERAL ASSEMBLY AMENDS VARIED PROVISIONS

OF THE ENVIRONMENTAL PROTECTION ACT, S.B. 1724

On January 24, 1995, Governor Jim Edgar signed P.A. 88-690 (formerly S.B. 1724) into law. The

amendments included a set of amendments to the Environmental Protection Act (Act) and various other statutes.

The P.A. 88-690 amendments to the Act of are varied:

Environmental audit privilege:

New Section 52.2 would create a privilege to encourage voluntary internal

environmental audits. The report generated through such an audit is inadmissible and an "officer or

employee" involved in the audit may not be examined with regard to the audit in any legal action, except

under limited circumstances: the facility owner or operator must expressly waive the privilege or the court

or Board may make certain determinations that would render it inapplicable. The court or Board may

determine that the material is not subject to the privilege, that "the privilege is asserted for a fraudulent

purpose", or that the material shows evidence of noncompliance and the owner or operator did not

"undertake appropriate corrective action or eliminate any reported violation within a reasonable time." The

owner or operator would bear the burden of demonstrating the applicability of the privilege. Within 30 days

of a State's Attorney or Attorney General demand for disclosure of the material, the owner or operator must

submit a written request for a

in camera

hearing on the applicability of the privilege. A failure to file a

request for hearing would constitute a waiver of the privilege. An order to compel disclosure could relate "to

only those portions of an environmental audit report that are relevant to the issues in dispute". Certain

information would not be subject to the privilege: material required to be reported or made available to a

regulatory agency, material obtained by any regulatory agency, material obtained from "a source independent

of the environmental audit". The new privilege would expressly not affect the scope or nature of any other

legal privilege.

Agency administration of indirect cost reimbursements:

Section 4(k) of the Act would authorize the Illinois

Environmental Protection Agency (Agency) to administer indirect cost reimbursements.

Payment and refund of air pollution operating permit fee:

Section 9.6(a) clarifies that payment of the air

pollution operating permit fee is required before permit issuance, and it is refundable if the requested permit

is denied.

POLLUTION CONTROL BOARD

ELECTRONIC BULLETIN BOARD SYSTEM (BBS)

The Pollution Control Board operates an electronic BBS at 312-814-1590. The BBS is available 24 hours a

day, 7 days a week, to anyone with access to a computer and a modem - there is no charge for access to the

BBS. The best communications settings are 8 data bits (or data length 8), no parity (or parity = none) and 1

stop bit, i.e., 8-N-1. The best terminal emulation is ANSI-BBS or just ANSI. The BBS allows users on-line

access to Board-related news and information. You may download these documents to your computer. The

Board is presently working to improve its bulletin board system (BBS) to make it more accessible and user-

friendly, and we will keep you informed as this work progresses. For additional information contact Sandra

Wiley at the Board Offices, at 312-814-3623.

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2/ February, 1995

/ February, 1995

Environmental Register No. 491

Deadline for Board adoption of compost standards:

Sections 22.33(b), 22.34(b), and 22.35(b) would each,

respectively, extend from December 1, 1994 to December 1, 1997 the deadline for Board adoption of

landscape waste, organic waste, and mixed municipal waste compost facility, testing, and product standards.

Community service as a penalty for open dumping of construction debris:

Section 44(a) would allow a court

to impose from 50 to 300 hours of community service on a person convicted of open dumping of

construction debris.

Extension of time for filing a permit appeal to the Board:

Sections 40(a)(1) and (c) and 40.2(a) would

provide a mechanism for extending the deadline for filing a permit appeal to the Board from 35 days to 90

days by timely submission of a written notice to the Board.

Qualification of ban on tires in landfills:

Amended Section 55(b) would delay the July 1, 1994 effective date

of the ban on landfill disposal of used and waste tires, and on mixing used and waste tires with municipal

waste, until December 31, 1994. New Section 55(b-1) would impose a qualified ban on landfill disposal of

used and waste tires effective January 1, 1994, unless certain conditions are met. The landfill may accept

used and waste tires for disposal if it has an Agency-permitted program for treating the tires and the tires are

employed on-site for such uses as lining roadways, as alternative daily cover, or in a leachate collection

system. The landfill may also accept used and waste tires for disposal 30 days after notification of their

availability to the Illinois Industrial Materials Exchange Service (IIMES) and there has been no specific

request for the tires. The landfill may further accept used and waste tires for disposal, as authorized by the

Agency, if the tires' "physical condition . . . makes shredding, slitting, chopping, reuse, reprocessing, or

other alternative use . . . impractical or infeasible". This new provision would impose an affirmative

obligation on landfills and used and waste tire management facilities to notify IIMES of the availability of and

demand for used and waste tires, and to consult with IIMES on "the status of marketing of waste tires to

facilities for reuse".

RULE

RULEMAKING UPDATE

MAKING UPDATE

PART IV 15% ROP PROPOSAL PROPOSED

FOR SECOND NOTICE, R94-21

On January 26, 1995, the Board proposed the

Part VI 15% rate of progress (ROP) plan for Second

Notice review by the Joint Committee on

Administrative Rules. The Part IV 15% ROP

proposal, docketed as R94-21, contemplates lowering

the VOM content of coatings for several categories of

surface coaters: the can, paper, coil, fabric, vinyl,

metal furniture, baked large appliance, and

miscellaneous parts and products coating categories.

The Part IV proposal would also impose reductions in

VOM emissions from sources in the

automotive/transportation and business machine

plastic parts coating categories that exceed specified

emissions levels. The proposal would further make

the VOM emissions limits applicable to wood

furniture coating operations at a lowered threshold.

The Part IV proposal would also require specified

controls on synthetic organic chemical manufacturing

industry (SOCMI) distillation and reactor processes

and on bakery industry ovens. Finally, the

amendments would make a number of minor

amendments and corrections to the regulations,

largely in response to comments submitted by U.S.

EPA and affected entities.

The Illinois EPA (Agency) filed the Part IV

proposal on September 12, 1994. The Board

proposed the amendments for First Notice publication

in the

Illinois Register

on September 15, 1994. The

Board conducted public hearings on these proposed

amendments on November 4, December 2, and

December 16, 1994. The Second Notice period

began on February 6, 1995, the date JCAR

acknowledged receipt of a complete Second Notice

package from the Board; it ends when either JCAR

votes no objection to the amendments or after 45

days, whichever comes first.

The Board will be free to adopt the amendments

at the end of the Second Notice period. Direct

questions on the Part IV proposal to Marie E. Tip-

sord, at 312-814-4925 or 618-498-9803. Please refer

to docket R94-21.

In addition to the Part IV 15% ROP proposal,

the Agency has filed six other 15% ROP proposals

with the Board. In sum, all the ROP plan segments

would seek a 15 percent 1990 VOM emissions levels

in the Chicago and Metro-East St. Louis areas, in

order to fulfill requirements under the federal Clean

Air Act (CAA). The Agency has stated that the state

is federally required to reduce VOM emissions by 250

tons per day (tpd) in the Chicago area and by 27 tpd

in the Metro-East area.

(See issues 483, June, 1994;

484, July, 1994; 485, Aug., 1994; 486, Sept., 1994;

487, Oct., 1994 & 488, Nov., 1994.)

The Board has completed three of the

proceedings: R94-12, R94-16, and R94-16. Briefly,

a summary of the six other proposals follows:

Part I 15% ROP Adopted, R94-12

Environmental Register No. 491

February, 1995/Page

February, 1995/Page 3

The Board adopted the Part I ROP proposal on

September 15, 1994, under docket number R94-12.

The Part I amendments require the use of pressure-

vacuum relief valves on vent tubes at gasoline

dispensing operations in both the Chicago and Metro-

East areas and a lowering of the Reid vapor pressure

(RVP) on gasoline from 9.0 psi to 7.2 psi in the

Metro-East area. The vacuum-pressure relief aspects

of these amendments are anticipated to reduce emis-

sions by 4 tpd in the Chicago area and by 0.4 tpd in

the Metro-East area. The use of 7.2 RVP fuel will

reduce emissions 8.5 tpd in the Metro-East St. Louis

area. The Part I 15% ROP amendments were filed

with the Secretary of State and became effective on

September 21, 1994.

Part II 15% ROP Adopted, R94-15

The Board adopted the Part II proposal on

October 20, 1994, under docket number R94-15.

The Part II amendments extended VOM emissions

control measures to the loading of marine vessels and

deletion of the exemption for barge loading from the

regulations applicable to "Miscellaneous Fabricated

Product Manufacturing Processes", "Miscellaneous

Formulated Manufacturing Processes",

"Miscellaneous Organic Chemical Manufacturing

Processes", and "Other Emissions Units" source

categories. The record indicated that the Part II

proposal would reduce the VOM emissions by 1.3 tpd

in the Chicago area and by 11.82 tpd in the Metro-

East area. The Part II 15% ROP amendments were

filed with the Secretary of State and became effective

on October 25, 1994.

Part III 15% ROP Adopted, R94-16

The Board adopted the Part III ROP proposal on

October 20, 1994, under docket number R94-16.

The Part III amendments made the standards of Parts

218 and 219, Subpart B, "Organic Emissions from

Storage and Loading Operations", and Subpart V,

"Total Resource Effectiveness" (TRE), more

stringent. The Part III plan rules added the federal

Control Technology Guidelines (CTG) and

Alternative Control Technology (ACT) recommended

controls for volatile organic liquids (VOLs) and

volatile petroleum liquids (VPLs). It was anticipated

that the TRE amendments will reduce VOM

emissions by 4.05 tpd in the metropolitan Chicago

area by 1996 and by an additional 1.58 tpd by 1999.

The VOL/VPL amendments are anticipated to reduce

the VOM emissions by 2.18 tpd in the Chicago area.

No reductions were expected in the Metro-East area.

The Part III 15% ROP amendments were filed with

the Secretary of State and became effective on

November 15, 1994.

Part V 15% ROP Proposal, R94-31

On November 3, 1994, the Board proposed the

Part V ROP amendments for First Notice publication

in the

Illinois Register

. The Part V proposal

contemplates lowering the VOM emissions from

lithographic printing operations in the Chicago and

Metro-East areas. The Part V proposal would add

definitions of non-heatset and sheet-fed lithographic

printing, as-applied foundation solution, and alcohol.

The proposal would further establish control measures

for VOM emissions from lithographic printers in the

Chicago and Metro-East areas. The Part V proposal

would also make minor corrective amendments to the

existing regulations.

The Agency stated that it contemplates that the

Part V amendments would affect about 113 facilities

in the Chicago area and one source in the Metro-East

area. It estimated that the Part V proposal would

reduce VOM emissions by 4.0 tpd in the Chicago

area and by minimal amounts in the Metro-East area.

The Board conducted hearings in R94-31 on

December 15, 1994 and January 9, 1995. The

hearing officer cancelled subsequent scheduled

hearings for the statutorily-prescribed reason upon

request of the Agency. The Notices of Proposed

Amendments appeared in the

Illinois Register

December 2, 1994; the First Notice public comment

period ended after 45 days, on January 16, 1995.

The Board must now proceed to propose the

amendments for Second Notice review by JCAR.

Direct questions on the Part V proposal to Kevin

Desharnais, at 312-814-6926. Please refer to docket

R94-31.

Part VI 15% ROP Proposal, R94-32

On November 3, 1994, the Board proposed the

Part VI ROP amendments for First Notice publication

in the

Illinois Register

. The Part VI proposal

contemplates lowering VOM emissions from motor

vehicle refinishing operations in the Chicago and

Metro-East areas. The Part VI proposal would

impose limitations on the VOM content of coatings

and surface preparation materials, require the use of

specific coatings applicators and applicator cleaning

equipment, and provide a control equipment

alternative. The proposal would further impose re-

cordkeeping and reporting requirements on refinish-

ers.

The Agency stated that it contemplates that the

Part VI amendments would reduce VOM emissions

by 16.3 tpd in the Chicago area. The Agency

estimate of reduction of VOM emissions in the Metro-

East area is 1.2 tpd.

The Board conducted one public hearing in R94-

32 on December 16, 1994. The hearing officer

cancelled subsequent scheduled hearings for the

statutorily-prescribed reasons due to the low level of

public interest in further hearings on the proposal.

Notices of Proposed Amendments appeared in the

December 9, 1994

Illinois Register

. The First Notice

public comment period ended after 45 days, on

January 23, 1995. The Board must now proceed to

propose the amendments for Second Notice review by

JCAR. Direct questions on the Part VI proposal to

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/ February, 1995

Environmental Register No. 491

Audrey Lozuk, at 312-814-3473. Please refer to

docket R94-32.

Part VII 15% ROP Proposal, R94-33

On November 18, 1994, the Board proposed the

Part VII ROP amendments for First Notice

publication in the

Illinois Register

. The Part VII

proposal contemplates lowering VOM emissions from

batch chemical processes having certain standard

industrial classifications (SIC) codes in the Chicago

and Metro-East areas. The SIC codes involved are

2821, 2833, 2834, 2861, 2865, 2869, and 2879. This

includes a broad range of chemical manufacturing

activities: plastic materials and resins (SIC 2821),

medicinal chemicals and botanical production (SIC

2833), pharmaceutical operations (SIC 2834), gum

and wood chemicals (SIC 2861), cyclic crudes and

intermediates (SIC 2865), industrial organic chemicals

(SIC 2869), and agricultural chemicals (SIC 2879).

The Part VII proposal would also regulate emissions

from Stepan Chemical Company's Millsdale facility,

in Elwood. The proposal would further add

definitions for "batch process train", "batch

operation", "process vent", and "single unit

operation".

The Agency stated that it contemplates that the

Part VII amendments would reduce VOM emissions

by 12.63 tpd in the Chicago area. The Agency

estimate of reduction of VOM emissions in the Metro-

East area is 0.36 tpd.

The Board conducted one public hearing in R94-

33 on January 4, 1995. The hearing officer cancelled

subsequent scheduled hearings for the statutorily-

prescribed reasons due to the low level of public

interest in further hearings on the proposal. Notices

of Proposed Amendments appeared in the December

16, 1994

Illinois Register

. The First Notice public

comment period ended after 45 days, on January 30,

1995. The Board must now proceed to propose the

amendments for Second Notice review by JCAR.

Direct questions on the Part VII proposal to Audrey

Lozuk, at 312-814-3473. Please refer to docket R94-

33.

The Board accepted each of the seven 15% ROP

plan rulemaking proposals pursuant to the "fast-track"

rulemaking provisions of Section 28.5 of the

Environmental Protection Act (Act). Section 28.5

requires the Board to proceed within set time-frames

toward the adoption of the proposed amendments.

The Board lacks any discretion under the statute to

adjust these time-frames under any circumstances.

Under Section 28.5(o), the Board must have adopted

the proposal for Second Notice within 130 days on

receipt of the proposal from the Agency. Section

28.5(p) requires that the Board must adopt and file

final rules based on the proposal within 21 days of

when it receives a Certificate of No Objection from

JCAR.

Request copies of the adopted R94-12, R94-15,

or R94-16 amendments from Victoria Agyeman, at

312-814-6920. Please refer to the appropriate docket

number.

SITE-SPECIFIC WATER QUALITY FLUORIDE

RULE FOR GENERAL MOTORS ADOPTED,

R93-13

The Board adopted a site-specific fluoride rule

on January 11, 1995. The amendments affect the

fluoride water quality standard that applies to an

unnamed tributary to the Vermilion River and a

segment of the Vermilion River for 0.9 stream miles

downstream of the confluence to the Indiana state

line. They increase the water quality standard from 5

milligrams per liter (mg/l) to 10 mg/l. The amended

water quality standards specifically increase the

fluoride limitation as caused by the wastewater

discharges of General Motors Corporation into the

receiving stream.

The proposed amendments to Section 302.322 of

the water pollution control regulations are based on a

proposal filed June 23, 1993 by the General Motors

Corporation. The Board conducted a public hearing

on the proposal on April 26, 1994. The Board

proposed the site-specific amendments for First

Notice publication in the

Illinois Register

September 1, 1994 and for Second Notice review by

the Joint Committee on Administrative Rules (JCAR)

on November 3, 1994. JCAR voted a Certificate of

No Objection to the amendments at its December 13,

1994 meeting, leaving the Board free to adopt the

amendments. Direct questions to Diane F. O'Neill, at

312-814-6062. Please refer to docket R93-13.

BOARD DISMISSES PETITION FOR

HAZARDOUS WASTE AMENDMENTS, R94-18

On January 11, 1994, the Board dismissed a

petition to amend the Illinois RCRA Subtitle C

hazardous waste regulations. The Board took this

action on a motion from the petitioner. The Board

had already adopted the amendments in the recent

RCRA Subtitle C update docket, R94-17.

On July 1, 1994, Burlington Environmental Inc.

filed a petition for rulemaking with the Board. Bur-

lington requested that the Board adopt certain

amendments promulgated by U.S. EPA on February

18, 1994. On July 18, 1994, Burlington requested

that the Board adopt the amendments as emergency

amendments under Section 5-45 of the Administrative

Procedure Act (5 ILCS 100/5-45). The Agency

responded on July 20, 1994, challenging the need for

an emergency rule.

The Board accepted the petition but denied that

an emergency existed appropriate for emergency rule-

making on July 21, 1994. Rather, the requested

amendments were already involved in RCRA Subtitle

C update docket R94-17, and the Board promised to

instead expedite the update docket. The Board voted

Environmental Register No. 491

February, 1995/Page

February, 1995/Page 5

to adopt R94-17 on October 20, 1994, and the

amendments were filed with the Secretary of State and

became effective on November 23, 1994.

See issue

485, August, 1994.)

Direct all questions to Michael

J. McCambridge, at 312-814-6924, or Diane F.

O'Neill, at 312-814-6062.

BOARD GRANTS EXPEDITED

CONSIDERATION OF HAZARDOUS WASTE

UPDATE, R95-6

January 11, 1995, the Board granted expedited

consideration of a RCRA Subtitle C hazardous waste

update docket under docket R95-6. The Board took

this action on the January 9 request of the Illinois En-

vironmental Regulatory Group (IERG). This action

follows the similar action taken by the Board in the

prior update docket, R94-17.

(See accompanying

article, this issue.)

The primary amendments of interest are derived

from the September 19, 1994 adoption by U.S. EPA

of the Phase II land disposal restrictions (LDRs or

universal waste rule). By that regulation, U.S. EPA

established a single treatment standard or technology

for each hazardous waste constituent in the waste-

water and nonwastewater forms, without regard to the

hazardous waste code for the waste containing the

constituent. Once the treated waste meets the

applicable wastewater or nonwastewater standards,

land disposal of the waste is no longer prohibited. In

its motion, IERG represented that this has resulted in

confusion between the newer federal Phase II LDRs

and the existing Illinois standards based on the prior

federal standards.

In granting the motion and promising prompt

action, the Board requested additional comment from

IERG. The Board noted that U.S. EPA undertook a

number of corrections and amendments to the Phase

II LDRs on January 3, 1995. The Board wanted

IERG to clarify whether its request included the

January 3 actions. Direct questions to Michael J.

McCambridge, at 312-814-6924. Please refer to

docket R95-6.

FOR YOUR INFORMATION

IAWPCO TO HOLD 60th ANNUAL

CONFERENCE IN SPRINGFIELD

The Illinois Association of Water Pollution

Control Operators (IAWPCO) has announced that it

will hold its 60th annual conference in Springfield.

The conference is scheduled for April 24 through 27,

1995, at the Holiday Inn East, Exhibition and

Convention Center. The three-and-a-half day

conference will include a two-and-a-half day technical

conference with an emphasis on treatment plant

maintenance and operations. The first day will

include a treatment plant operations workshop and the

award of the IAWPCO plant and operator of the year

awards. Direct inquiries to J.F. Reynolds, Executive

Director, IAWPCO, P.O. Box 230, North Aurora,

Illinois 60543, phone: 708-892-6429.

FINAL ACTIONS

FINAL ACTIONS - January 11, 1995 BOARD MEETING

- January 11, 1995 BOARD MEETING

91-87

Olin Corporation v. EPA - The Board

granted voluntary dismissal of this

RCRA permit appeal involving a

Madison County facility.

92-170

Talley Defense Systems, Inc. v. EPA -

The Board granted voluntary withdrawal

of this RCRA permit appeal involving a

Will County facility.

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/ February, 1995

Environmental Register No. 491

93-183

Edgewater Beach Apartments Corp. v.

EPA - The parties having represented

that the Board should consider the sole

open issue waived and dismiss this

matter if it did not hear from the parties

by February 18, 1994, and the Board,

having received not further heard from

the parties, considered the issue waived

and dismissed this underground storage

tank reimbursement determination appeal

involving a Cook County facility.

94-98

Beardstown Area Citizens For a Better

Environment v. City of Beardstown and

Southwest Energy Corporation - The

Board found that the procedure

employed by the unit of local

government in granting local siting

approval were fundamentally unfair and

reversed the grant of siting approval for

a new regional pollution control facility

(municipal solid waste incinerator) in the

City of Boardstown, in Cass County.

Chairman C.A. Manning concurred.

94-220

People of the State of Illinois v. City of

Gillespie, Macoupin County; John

Crawford, d/b/a Knostman Crawford

Associates; and H & H Mechanical and

Electrical Contractors, Inc. - The Board

accepted a stipulation and settlement

agreement filed as to the City of Gilles-

pie in this water enforcement action

against a Macoupin County facility,

ordered the City of Gillespie to pay a

civil penalty of $1,000.00, and ordered it

to cease and desist from further

violation.

94-222

Village of Hoffman Estates v. EPA -

The Board denied a Cook County facil-

ity's request for a variance from the

public water supply public notification

requirements that apply to a public water

supplier when it fails to comply with a

national primary drinking water standard

maximum contaminant level.

94-236

J.R. Meyers, Inc. v. EPA - The Board

granted voluntary dismissal of this

underground storage tank reimbursement

determination appeal involving a Lake

County facility.

94-245

People of the State of Illinois v. Klueter

Brothers Concrete Products, Inc. - The

Board accepted a stipulation and

settlement agreement in this air

enforcement action against a Madison

County facility, ordered the respondent

to pay a civil penalty of $1,250.00, and

ordered it to cease and desist from

further violation. Board Member J.

Theodore Meyer concurred.

94-259

Atkinson Landfill Company, Inc. v.

EPA - The Board granted this Henry

County facility a 16 month variance

from the Illinois requirement that the

owner or operator of an existing landfill

file an application for significant permit

modification by September 18, 1994 in

order to remain in operation.

94-263

Amoco Oil Company v. EPA - The

Board granted 16 facilities located in

Cook, Lake, DuPage, Will, and Kane

Counties a five month variance, subject

to conditions, from the requirement that

they install and operate Stage II gasoline

vapor recovery equipment.

94-280

Charles Gatwood v. EPA - The Board,

upon receipt of a joint stipulation of

settlement agreement, granted voluntary

dismissal of this underground storage

tank reimbursement determination appeal

involving a Cook County facility.

94-301

People of the State of Illinois v. Colfax

Corporation - The Board modified its

December 1, 1994 opinion and order in

this air enforcement action against a

Cook County facility, accepted a

stipulation and settlement agreement, and

ordered the respondent to pay a civil

penalty of $11,000.00.

94-375

Beth-Anne Foundation v. Office of the

State Fire Marshal - The Board granted

voluntary withdrawal of this

underground storage tank reimbursement

determination appeal involving a Cook

County facility.

94-376

People of the State of Illinois v. Acorn

Wire and Iron Works - The Board

accepted a stipulation and settlement

agreement in this air enforcement action

against a Cook County facility, ordered

the respondent to pay a civil penalty of

$2,000.00, and it to cease and desist

from further violation.

94-278

People of the State of Illinois v. Brand

Asbestos Control Co., Inc. n/k/a Brand

Services, Inc. - The Board accepted a

stipulation and settlement agreement in

this air enforcement action against a

DeKalb County facility, ordered the

Environmental Register No. 491

February, 1995/Page

February, 1995/Page 7

respondent to pay a civil penalty of

$25,000.00, and ordered it to cease and

desist from further violation.

95-7 Tahoe Mobil, Inc. v. EPA - Upon receipt of an

Agency recommendation, the Board

granted this Cook County gasoline

dispensing facility a 45-day extension of

the previous provisional variance granted

in PCB 94-304 from the air pollution

control regulations that require the

installation and operation of Stage II

vapor recovery equipment.

95-8 Truckstops of America, Inc. v. EPA - Upon

receipt of an Agency recommendation,

the Board granted this Lake County

gasoline dispensing facility a 45-day

provisional variance from the air

pollution control regulations that require

the installation and operation of Stage II

vapor recovery equipment.

95-9 Runnfeldt & Belmont v. EPA - Upon receipt of

an Agency recommendation, the Board

granted this Cook County gasoline

dispensing facility a 45-day extension of

the previous provisional variance granted

in PCB 94-293 from the air pollution

control regulations that require the

installation and operation of Stage II

vapor recovery equipment.

95-10

Scott Air Force Base v. EPA - Upon

receipt of an Agency recommendation,

the Board granted a 30-day provisional

variance from the ninety 90-day

limitation on the accumulation of

hazardous wastes at this St. Clair County

facility.

95-12

A & A Kwik Mart #9 v. EPA - Upon

receipt of an Agency recommendation,

the Board granted this Lake County

gasoline dispensing facility a 45-day

extension of the previous provisional

variance granted in PCB 94-344 from

the air pollution control regulations that

require the installation and operation of

Stage II vapor recovery equipment.

95-13

Alamo Rent-A-Car, Inc. v. EPA - Upon

receipt of an Agency recommendation,

the Board granted this Cook County

gasoline dispensing facility a 45-day

extension of the previous provisional

variance granted in PCB 94-353 from

the air pollution control regulations that

require the installation and operation of

Stage II vapor recovery equipment.

95-14

Alden Quick Mart v. EPA - Upon

receipt of an Agency recommendation,

the Board granted this McHenry County

gasoline dispensing facility a 45-day

extension of the previous provisional

variance granted in PCB 94-365 from

the air pollution control regulations that

require the installation and operation of

Stage II vapor recovery equipment.

95-15

Bartlett Union 76 #172 v. EPA - Upon

receipt of an Agency recommendation,

the Board granted this Cook County

gasoline dispensing facility a 45-day

extension of the previous provisional

variance granted in PCB 94-360 from

the air pollution control regulations that

require the installation and operation of

Stage II vapor recovery equipment.

95-16

Beach Park Union 76 #73 v. EPA -

Upon receipt of an Agency

recommendation, the Board granted this

Lake County gasoline dispensing facility

a 45-day extension of the previous

provisional variance granted in PCB 94-

361 from the air pollution control

regulations that require the installation

and operation of Stage II vapor recovery

equipment.

95-17

Berkley Auto Service v. EPA - Upon

receipt of an Agency recommendation,

the Board granted this Cook County

gasoline dispensing facility a 45-day

extension of the previous provisional

variance granted in PCB 94-363 from

the air pollution control regulations that

require the installation and operation of

Stage II vapor recovery equipment.

95-18

Car Care Center v. EPA - Upon receipt

of an Agency recommendation, the

Board granted this McHenry County

gasoline dispensing facility a 45-day

extension of the previous provisional

variance granted in PCB 94-341 from

the air pollution control regulations that

require the installation and operation of

Stage II vapor recovery equipment.

95-19

Clark Refining and Marketing v. EPA -

Upon receipt of an Agency

recommendation, the Board granted a

45-day extension of the previous

provisional variance granted in PCB 94-

350 for 38 gasoline dispensing facilities

located in Cook, DuPage, Kane, Lake,

McHenry, and Will Counties from the

Page

Page 8

8/ February, 1995

/ February, 1995

Environmental Register No. 491

air pollution control regulations that

require the installation and operation of

Stage II vapor recovery equipment.

95-20

Denny's Standard Service v. EPA -

Upon receipt of an Agency

recommendation, the Board granted this

Lake County gasoline dispensing facility

a 45-day extension of the previous

provisional variance granted in PCB 94-

354 from the air pollution control

regulations that require the installation

and operation of Stage II vapor recovery

equipment.

95-21

Elmhurst Shell v. EPA - Upon receipt of

an Agency recommendation, the Board

granted this DuPage County gasoline

dispensing facility a 45-day extension of

the previous provisional variance granted

in PCB 94-366 from the air pollution

control regulations that require the

installation and operation of Stage II

vapor recovery equipment.

95-22

Federal Express v. EPA - Upon receipt

of an Agency recommendation, the

Board granted a 45-day extension of the

previous provisional variance granted in

PCB 94-349 for two gasoline dispensing

facilities located in Cook and McHenry

Counties from the air pollution control

regulations that require the installation

and operation of Stage II vapor recovery

equipment.

95-23

Gas Stop v. EPA - Upon receipt of an

Agency recommendation, the Board

granted this Cook County gasoline

dispensing facility a 45-day extension of

the previous provisional variance granted

in PCB 94-366 from the air pollution

control regulations that require the

installation and operation of Stage II

vapor recovery equipment.

95-24

Go For It v. EPA - Upon receipt of an

Agency recommendation, the Board

granted this Cook County gasoline

dispensing facility a 45-day extension of

the previous provisional variance granted

in PCB 94-358 from the air pollution

control regulations that require the

installation and operation of Stage II

vapor recovery equipment.

95-25

GO-tane v. EPA - Upon receipt of an

Agency recommendation, the Board

granted a 45-day extension of the

previous provisional variance granted in

PCB 94-348 for three gasoline

dispensing facilities located in Cook and

Will Counties from the air pollution

control regulations that require the

installation and operation of Stage II

vapor recovery equipment.

95-26

Harvard Union 76 #197 v. EPA - Upon

receipt of an Agency recommendation,

the Board granted this McHenry County

gasoline dispensing facility a 45-day

extension of the previous provisional

variance granted in PCB 94-342 from

the air pollution control regulations that

require the installation and operation of

Stage II vapor recovery equipment.

95-27

Hertz Rent-A-Car v. EPA - Upon

receipt of an Agency recommendation,

the Board granted this Cook County

gasoline dispensing facility a 45-day

extension of the previous provisional

variance granted in PCB 94-340 from

the air pollution control regulations that

require the installation and operation of

Stage II vapor recovery equipment.

95-28

Ingleside Union 76 #70 v. EPA - Upon

receipt of an Agency recommendation,

the Board granted this Lake County

gasoline dispensing facility a 45-day

extension of the previous provisional

variance granted in PCB 94-334 from

the air pollution control regulations that

require the installation and operation of

Stage II vapor recovery equipment.

95-29

Kean Oil Company v. EPA - Upon

receipt of an Agency recommendation,

the Board granted a 45-day provisional

variance for five gasoline dispensing

facilities located in Cook, Kane and

DuPage Counties from the air pollution

control regulations that require the

installation and operation of Stage II

vapor recovery equipment.

95-30

Marcley's v. EPA - Upon receipt of an

Agency recommendation, the Board

granted this Kane County gasoline

dispensing facility a 45-day extension of

the previous provisional variance granted

in PCB 94-357 from the air pollution

control regulations that require the

installation and operation of Stage II

vapor recovery equipment.

95-31

Michael Oil Company v. EPA - Upon

receipt of an Agency recommendation,

the Board granted this Will County

Environmental Register No. 491

February, 1995/Page

February, 1995/Page 9

gasoline dispensing facility a 45-day

extension of the previous provisional

variance granted in PCB 94-339 from

the air pollution control regulations that

require the installation and operation of

Stage II vapor recovery equipment.

95-32

North Chicago Union 76 v. EPA - Upon

receipt of an Agency recommendation,

the Board granted this Lake County

gasoline dispensing facility a 45-day

extension of the previous provisional

variance granted in PCB 94-343 from

the air pollution control regulations that

require the installation and operation of

Stage II vapor recovery equipment.

95-33

Oak Park and Madison 76 v. EPA -

Upon receipt of an Agency

recommendation, the Board granted this

Cook County gasoline dispensing facility

a 45-day extension of the previous

provisional variance granted in PCB 94-

356 from the air pollution control

regulations that require the installation

and operation of Stage II vapor recovery

equipment.

95-34

S&S Enterprises v. EPA - Upon receipt

of an Agency recommendation, the

Board granted this Lake County gasoline

dispensing facility a 45-day extension of

the previous provisional variance granted

in PCB 94-317 from the air pollution

control regulations that require the

installation and operation of Stage II

vapor recovery equipment.

95-35

Shell Oil Company v. EPA - Upon

receipt of an Agency recommendation,

the Board granted Shell Oil a 45-day

extension of a previous provisional

variance granted in PCB 94-319 for

three gasoline dispensing facilities

located in Cook County from the air

pollution control regulations that require

the installation and operation of Stage II

vapor recovery equipment.

95-36

Ted's Mini Mart v. EPA - Upon receipt

of an Agency recommendation, the

Board granted this Lake County gasoline

dispensing facility a 45-day extension of

the previous provisional variance granted

in PCB 94-319 from the air pollution

control regulations that require the

installation and operation of Stage II

vapor recovery equipment.

95-37

Indian Refining Limited Partnership v.

EPA - Upon receipt of an Agency

recommendation, the Board granted this

Lawrence County facility a 45-day

provisional variance from the open

burning requirements of the air pollution

control regulations.

AC 94-31

Montgomery County v. Envotech-

Illinois, Inc. - The Board, on an agreed

settlement, entered a default order

finding that the Montgomery County

respondent had violated Section 21(o)(5)

and 21(o)(12) of the Act in AC 94-31

and Section 21(o)(12) in AC 94-37 and

ordered the respondent to pay a civil

penalty of $1,500.00. (Consolidated with

AC 94-47.)

Page

Page 10

10/ February, 1995

/ February, 1995

Environmental Register No. 491

AC 94-31

Montgomery County v. Envotech-

Illinois, Inc. - (Consolidated with AC

94-31.)

AS 94-17

In the Matter of: The Joint Petition of

the City of Metropolis and the EPA for

an Adjusted Standard From Suspended

Solids, BOD

and Ammonia Nitrogen

Regulations at 35 Ill. Adm. Code Part

304 - The Board, finding the Massac

County petitioner had not complied with

the notice publication requirements,

dismissed this petition for adjusted

standard relief from the suspended solids

and ammonia nitrogen effluent

standards.

R93-13

In the Matter of: Petition of General

Motors Corporation to Amend 35 Ill.

Adm. Code 303.322 (Site-Specific

Regulation for Fluoride) -

See Rulemak-

ing Update.

R94-18

In the Matter of: Revisions of

Treatability Testing Exclusion Limits

Amendments to 35 Ill. Adm. Code

Sections 721.104(f) -

See Rulemaking

Update.

NEW CASES

NEW CASES -

- January 11, 1995 BOARD MEET

January 11, 1995 BOARD MEETING

ING

94-215

Stroh Oil Company v. Office of the State

Fire Marshal - The Board accepted

accepted a petition in this underground

storage tank appeal involving a Menard

County facility that was amended to set

forth two new bases for relief first

disclosed in the course of discovery.

94-288

People of the State of Illinois v. Grays-

lake Gelatin Company; Blidso, Inc.;

ACME Construction Company; and

Diversified Abatement Contractors, Inc.

- The Board found the complaint in this

air enforcement action against Lake

County respondents legally sufficient,

denied dismissal, and accepted it for

hearing.

94-289

Montgomery Ward & Company v. EPA

- The Board vacated its October 20,

1994 dismissal of this underground

storage tank fund reimbursement

determination appeal involving a Cook

County facility for lack of jurisdiction,

since it had indeed been timely filed

within 35 days of the date of mailing of

the Agency's determination letter.

94-301

People of the State of Illinois v. Colfax

Corporation - The Board modified its

January 11, 1995 order in this air

enforcement action against a Cook

County facility by deleting that segment

that ordered the respondent to cease and

desist from further violation, since the

stipulation and settlement agreement did

not include that language. Board

Member J. Theodore Meyer concurred.

94-332

Western Lion Limited v. EPA - The

Board granted leave to file limited copies

and accepted an amended petition in this

land permit appeal involving a Coles

County facility for hearing.

94-371

City of Elgin v. EPA - The Board denied

involuntary dismissal and granted an

alternative motion, ordering the

submission of a supplement to this

petition for a water well setback

exception for a Kane and Cook County

facility.

94-382

Gunite Corporation v. EPA - The Board

Environmental Register No. 491

February, 1995/Page

February, 1995/Page 11

accepted this NPDES permit appeal

involving a Winnebago County facility

for hearing.

95-386

Chase Products Company v. EPA - The

Board accepted this air permit appeal

involving a Cook County facility for

hearing.

94-387

Mr. "C" Food & Liquor, Inc. v. Office

of the State Fire Marshal - The Board

ordered the filing of an amended petition

in this underground storage tank

reimbursement determination appeal

involving a Cook County facility.

94-388

Amoco Oil Company (Elmhurst) v. EPA

- The Board accepted this underground

storage tank reimbursement

determination appeal involving a DuPage

County facility for hearing.

94-389

People of the State of Illinois v. Village

of Port Byron - Upon receipt of a

proposed stipulation and settlement

agreement and an agreed motion for

relief from the hearing requirement in

this water enforcement action against a

Rock Island County facility, the Board

ordered publication of the required

newspaper notice.

94-390

Madison County Conservation Alliance

v. Waste Management, Inc. (Chain-of-

Rocks Canal on Chouteau Island) v.

EPA - The Board held this third party

land (landfill) permit appeal involving a

Madison County facility.

94-391

America's Carwash-HP, Inc. v. EPA -

The Board accepted this underground

storage tank corrective action appeal

involving a Lake County facility for

hearing.

94-392

People of the State of Illinois v. Burkart

Foam, Inc. - Upon receipt of a proposed

stipulation and settlement agreement and

an agreed motion for relief from the

hearing requirement in this Emergency

Planning and Community Right-to-Know

Act (EPCRA) enforcement action against

an Alexander County facility, the Board

ordered publication of the required

newspaper notice.

94-393

Peoria School District #150 - Hines

School v. EPA - The Board accepted this

underground storage tank reimbursement

determination appeal involving a Peoria

County facility for hearing.

95-1 Penny Snyder, George J. Moran, Robert D.

Larson, George Arnold, Jim Bensman,

Madison County Conservation Alliance,

Piasa Palisades Group of the Sierra Club

v. Waste Management of Illinois, Inc. -

The Board held this citizens' land

enforcement action against a Madison

County facility for a frivolous and

duplicitous determination.

95-2 USA Waste Services, Inc. v. EPA - The Board

held this variance petition for relief for

an existing Lake County landfill from the

requirement to submit an application for

significant permit modification by

September 18, 1994 for an Agency

recommendation.

95-3 Illinois Petroleum Marketers Association

(Representing 267 facilities located in the

Chicago ozone nonattainment area) v.

EPA - The Board held this variance

petition filed on behalf of 267 facilities

located in Cook, DuPage, Grundy, Mc-

Henry, Will, Lake and Kane Counties

for relief from the air pollution control

regulations that require the installation

and operation of Stage II vapor recovery

equipment.

95-4 City of Paris, Illinois v. EPA - The Board held

this variance petition for releif from the

public water supply restricted status

requirements as they apply to the MCL

for atrzine for an Edgar County facility

for an Agency recommendation.

95-5 People of the State of Illinois v. Midwest Grain

Products of Illinois, Inc. - Upon receipt

of a proposed stipulation and settlement

agreement and an agreed motion for

relief from the hearing requirement in

this air enforcement action against a

Tazewell County facility, the Board

ordered publication of the required

newspaper notice.

95-6 Silver Glen Estates v. EPA - The Board ordered

the filing of an amended variance

petition involving a Kane County facility

for relief from the radium-226 and

radium-228 standards of the public water

supply regulations.

95-7 Tahoe Mobil, Inc. v. EPA -

See Final Actions.

95-8 Truckstops of America, Inc. v. EPA -

See Final

Page

Page 12

12/ February, 1995

/ February, 1995

Environmental Register No. 491

Actions.

95-9 Runnfeldt & Belmont v. EPA -

See Final

Actions.

95-10

Scott Air Force Base v. EPA -

See Final

Actions.

95-11

Comerica Bank-Illinois v. EPA - The

Board accepted this underground storage

tank reimbursement determination appeal

involving a Cook County facility for

hearing.

95-12

A & A Kwik Mart #9 v. EPA -

See

Final Actions.

95-13

Alamo Rent-A-Car, Inc. v. EPA -

See

Final Actions.

95-14

Alden Quick Mart v. EPA -

See Final

Actions.

95-15

Bartlett Union 76 #172 v. EPA -

See

Final Actions.

95-16

Beach Park Union 76 #73 v. EPA -

See

Final Actions.

95-17

Berkley Auto Service v. EPA -

See

Final Actions.

95-18

Car Care Center v. EPA -

See Final

Actions.

95-19

Clark Refining and Marketing v. EPA -

See Final Actions.

95-20

Denny's Standard Service v. EPA -

See

Final Actions.

95-21

Elmhurst Shell v. EPA -

See Final

Actions.

95-22

Federal Express v. EPA -

See Final

Actions.

95-23

Gas Stop v. EPA -

See Final Actions.

95-24

Go For It v. EPA -

See Final Actions.

95-25

GO-tane v. EPA -

See Final Actions.

95-26

Harvard Union 76 #197 v. EPA -

See

Final Actions.

95-27

Hertz Rent-A-Car v. EPA -

See Final

Actions.

95-28

Ingleside Union 76 #70 v. EPA -

See

Final Actions.

95-29

Kean Oil Company v. EPA -

See Final

Actions.

95-30

Marcley's v. EPA -

See Final Actions.

95-31

Michael Oil Company v. EPA -

See

Final Actions.

95-32

North Chicago Union 76 v. EPA -

See

Final Actions.

95-33

Oak Park and Madison 76 v. EPA -

See

Final Actions.

95-34

S&S Enterprises v. EPA -

See Final

Actions.

95-35

Shell Oil Company v. EPA -

See Final

Actions.

95-36

Ted's Mini Mart v. EPA -

See Final

Actions.

95-37

Indian Refining Limited Partnership v.

EPA -

See Final Actions.

AC 94-96

EPA v. M.K. O'Hara Construction,

Inc., Kenneth O'Hara and Madalyn

O'Hara - The Board accepted an appeal

requesting a hearing in this

administrative citation against Cass

County respondents.

AC 94-97

EPA v. M.K. O'Hara Construction,

Inc., Kenneth O'Hara and Madalyn

O'Hara - The Board accepted an appeal

requesting a hearing in this

administrative citation against Cass

County respondents.

AC 94-98

County of Will v. CDT Landfill - The

Board received this administrative

citation against a Will County

respondent.

AC 94-99

County of Vermilion v. Brickyard

Disposal and Recycling, Inc. - The

Board received this administrative

citation against a Vermilion County

respondent.

Environmental Register No. 491

February, 1995/Page

February, 1995/Page 13

AC 94-100County of Macon and EPA v. Macon

County Landfill - The Board received an

administrative citation and accepted an

appeal requesting a hearing in this

administrative citation against Macon

County respondent.

AC 95-1

County of Will v. CDT Landfill - The

Board received an administrative citation

against a Will County facility.

AC 95-2

County of Will v. CDT Landfill - The

Board received an administrative citation

against a Will County facility.

AC 95-3

EPA v. Environmental Reclamation

Company - The Board received an

administrative citation against a Coles

County facility.

AC 95-4

Montgomery County v. Envotech,

Illinois, Inc. - The Board received an

administrative citation against

Montgomery County respondent.

AS 94-16

In the Matter of: Petition of the City of

Wood River for an Adjusted Standard

From 35 Ill. Adm. Code 306.305(a) and

(b) - Upon receipt of a request to waive

hearing, the Board rescinded its order of

December 1, 1994 to the extent that it

ordered this matter to hearing.

AS 94-17

In the Matter of: The Joint Petition of

the City of Metropolis and the EPA for

an Adjusted Standard From Suspended

Solids, BOD

and Ammonia Nitrogen

Regulations at 35 Ill. Adm. Code Part

304 -

See Final Actions.

AS 94-18

In the Matter of: Petition of Central Can

Company for an Adjusted Standard

From 35 Ill. Adm. Code Part 218 - The

Board requested an amended petition in

this petition for an adjusted standard

from certain of the regulations governing

volatile organic material emissions from

a Cook County facility.

AS 94-19

In the Matter of: Petition of Hepworth

U.S. Holdings, Inc. for an Adjusted

Standard From 35 Ill. Adm. Code

620.410 - The Board held this petition

for an adjusted standard for relief from

the Class I groundwater quality standards

for arsenic, lead, and nickel pending

receipt of proof of publication.

AS 94-20

In the Matter of: The Galesburg

Sanitary District Petition for an Adjusted

Standard From 35 Ill. Adm. Code

304.105 - The Board held this petition

for an adjusted standard from the

prohibition against violating a stream

water quality standard as it applies to

ammonia nitrogen discharges to Cedar

Creek pending receipt of proof of

publication.

AS 95-1

In the Matter of: Petition of Tommy

House Tire Company, Inc. for an

Adjusted Standard From 35 Ill. Adm.

Code 848.202(b)(1), (b)(2), and (b)(5) -

The Board acknowledged receipt of the

petition for an adjusted standard from

certain of the used tire accumulation and

storage requirments pending receipt of

proof of publication and held this matter

to the February 16, 1995 Board meeting.

R95-1

In the Matter of: Revision of the

Board's Procedural Rules, Part 101-(All

Relevant Board Procedural Rules,

Including Variances) -

See Rulemaking

Update.

R95-2

In the Matter of: Exemptions From

Definitions of VOM Update

Amendments (July 1, 1994 through

December 31, 1994) -

See Rulemaking

Update.

R95-3

In the Matter of: SDWA Update

Regulations (July 1, 1994 through De-

cember 31, 1994) -

See Rulemaking

Update.

R95-4

In the Matter of: UIC Update, USEPA

Regulations (July 1, 1994 through De-

Page

Page 14

14/ February, 1995

/ February, 1995

Environmental Register No. 491

cember 31, 1994) -

See Rulemaking

Update.

R95-5

In the Matter of: RCRA Subtitle D

Update, USEPA Amendments (July 1,

1994 through December 31, 1994) -

See

Rulemaking Update.

R95-6

In the Matter of: RCRA Subtitle C

Update, USEPA Amendments (July 1,

1994 through December 31, 1994) -

See

Rulemaking Update.

R95-7

In the Matter of: UST Update, USEPA

Amendments (July 1, 1994 through

December 31, 1994) -

See Rulemaking

Update.

R95-8

In the Matter of: Wastewater

Pretreatment Update, USEPA

Amendments (July 1, 1994 through

December 31, 1994) -

See Rulemaking

Update.

FINAL ACTIONS

FINAL ACTIONS - January 19, 1995 SPECIAL B

- January 19, 1995 SPECIAL BOARD MEETING

OARD MEETING

94-167

Melrose Partners v. EPA - The Board

granted voluntary dismissal of this

underground storage tank reimbursement

determination appeal involving a Lake

County facility.

94-262

Concerned Citizens of Williamson

County, Rev. Paul Crain and Rose Row-

ell, as Members of Concerned Citizens

of Williamson County, and Individually

v. Bill Kibler Development Corp., a/k/a

Kibler Development Corp., and the

Williamson County Board of

Commissioners for and on Behalf of the

County of Williamson in the State of

Illinois - The Board found the local

procedures fundamentally unfair and

reversed the August 23, 1994 grant of

local siting approval for a proposed

Williamson County regional pollution

control facility (landfill) and remanded

the matter to the Williamson County

Board. Board Members J. Theodore

Meyer and Marili McFawn concurred.

94-276

The City of Batavia v. EPA - The Board

granted this Kane County public water

supply a two-year variance from the

standards of issuance and restricted

status regulations to the extend they

apply to radium-226 and radium-228,

subject to conditions.

AC 94-8

EPA v. Atkinson Landfill Company -

The Board found after hearing that the

Rock Island County respondent had

violated Section 21(o)(5), 21(o)(9), and

21(o)(12) of the Act and ordered the

submission of costs prior to issuance of a

final order assessing a penalty.

AC 94-67

EPA v. Kirk Dana - The Board denied

reconsideration of its September 15,

1994 default order, in which the Board

found that the Henry County respondent

had violated Section 21(p)(1) of the Act

and ordered him to pay a civil penalty of

$500.00.

AC 94-99

County of Vermilion v. Brickyard

Disposal and Recycling, Inc. - The

Board entered a default order finding

that the Vermilion County respondent

had violated Section 21(p)(1) and 21(p)-

Environmental Register No. 491

February, 1995/Page

February, 1995/Page 15

(5) and ordering it to pay a civil penalty

of $1,000.00.

NEW CASES

NEW CASES - January 19, 1995 SPECIAL BOARD MEET

- January 19, 1995 SPECIAL BOARD MEETING

ING

95-38

General Electric Company (Appliance

Controls Division, Morrison, Illinois) v.

EPA - The Board accepted this NPDES

permit appeal involving a Whiteside

County facility for hearing.

95-39

W.R. Grace & Co. - Conn, Grace Con-

struction Products v. EPA - The Board

accepted this petition for a variance from

the volatile

organic material emissions regulations

that apply to this Cook County facility

for hearing.

AC 94-98

County of Will v. CDT Landfill - The

Board accepted an appeal requesting a

hearing in this administrative citation

against a Will County respondent.

FINAL ACTIONS

FINAL ACTIONS - January 26, 1995

- January 26, 1995 SPECIAL BOARD MEETING

SPECIAL BOARD MEETING

92-209

A.B. Dick Company v. EPA - The

Board granted voluntary withdrawal of

this RCRA

permit appeal involving a Cook County

facility.

NEW CASES

NEW CASES - January 26, 1995 SPECIAL BOARD MEET

- January 26, 1995 SPECIAL BOARD MEETING

ING

95-3 Illinois Petroleum Marketers Association

(Representing 267 facilities located in the

Chicago ozone nonattainment area) v.

EPA - The Board accepted this variance

petition filed on behalf of 267 gasoline

dispensing facilities in Cook, DuPage,

Grundy, McHenry, Will, Lake and Kane

Counties the air pollution control

regulations that require the installation

and operation of Stage II vapor recovery

equipment for hearing and ordered the

submission of additional information.

95-40

Comerica Bank-Illinois v. EPA - The

Board accepted this underground storage

tank corrective action appeal involving a

Cook County facility for hearing.

95-41

Kalo Gasoline Company v. EPA - The

Board accepted this underground storage

tank corrective action appeal involving a

Cook County facility for hearing.

95-42

The City of North Aurora v. EPA - The

Board accepted the petition for the

extension of a variance granted January

20, 1994 in PCB 93-164 from the public

water supply restricted status regulations

as they apply to radium-226 and radium-

228 for this Kane County facility and

held this matter for an Agency

recommendation.

95-43

Kathe's Auto Service Center v. EPA -

The Board accepted this underground

storage tank corrective action appeal

involving a Cook County facility for

hearing.

95-44

General Business Forms, Inc. v. EPA -

The Board accepted this air permit

appeal involving a Cook County facility

for hearing.

AC 95-4

Montgomery County v. Envotech,

Illinois, Inc. - The Board accepted an

appeal requesting a hearing in this

administrative citation against Montgom-

ery County respondent.

AC 95-5

EPA v. Atkinson Landfill Company and

Donald Martin - The Board received an

administrative citation against a Henry

County facility.

Page

Page 16

16/ February, 1995

/ February, 1995

Environmental Register No. 491

AC 95-6

EPA v. A-Reliable Auto Parts &

Wreckers, Inc., a/k/a Scrap Processors -

The Board received an administrative

citation against a Cook County facility.

CALENDAR OF HEARINGS

All hearings held by the Board are open to the public. All Pollution Control Board Meetings (highlighted) are

open to the public but public participation is generally not allowed. Times and locations are subject to cancellation

and rescheduling without notice. Confirmation of hearing dates and times is available from the Clerk of the Board

at 312- 814-6931.

February 2

11:00 a.m.

Pollution Control Board Meeting, James R. Thompson Center, 100 W.

Randolph St., Conference Room 11-500, Chicago

February 2

10:00 a.m.

PCB 92-60

UST-FRD

Kean Oil Company v. EPA - McHenry County Government Center, Room B-

164, 2200 North Seminary, Woodstock.

February 2

10:00 a.m.

PCB 94-380

A-V

The Southland Corporation (Palatine and Wilmette Facilities) v. EPA - James

R. Thompson Center, Room 11-500, 100 West Randolph Street, Chicago.

February 9

11:00 a.m.

Pollution Control Board Meeting, James R. Thompson Center, 100 W.

Randolph St., Conference Room 11-500, Chicago

February 16

10:30 a.m.

Pollution Control Board Meeting, James R. Thompson Center, 100 W.

Randolph St., Conference Room 9-040, Chicago

February 22

10:00 a.m.

AC 94-96

EPA v. M.K. O'Hara Construction, Inc., Kenneth O'Hara, and Madalyn

O'Hara (Beardstown/O'Hara #3) - Virginia City Hall, Conference Room,

Virginia.

February 23

11:00 a.m.

Pollution Control Board Meeting, James R. Thompson Center, 100 W.

Randolph St., Conference Room 11-500, Chicago

February 28

10:00 a.m.

PCB 94-258

UST-FRD

Woodstock/Northern FS, Inc. v. EPA - Woodstock Public Library, Meeting

Room, 414 West Judd Street, Woodstock.

March 2

11:00 a.m.

Pollution Control Board Meeting, James R. Thompson Center, 100 W.

Randolph St., Conference Room 11-500, Chicago

March 3

10:00 a.m.

PCB 94-215

UST-FRD

Stroh Oil Company v. OSFM - Pollution Control Board Office, Suite 402,

600 South Second Street, Springfield.

March 9

11:00 a.m.

Pollution Control Board Meeting, James R. Thompson Center, 100 W.

Randolph St., Conference Room 11-500, Chicago

March 10

10:00 a.m.

AC 94-98

County of Will v. CDT Landfill - County Board Conference Room, 302

North Chicago Street, Joliet.

March 13

1:00 p.m.

PCB 95-43

UST-Appeal

Kathe's Auto Service Center v. EPA - James R. Thompson Center, Room 11-

500, 100 West Randolph Street, Chicago.

March 16

11:00 a.m.

Pollution Control Board Meeting, James R. Thompson Center, 100 W.

Randolph St., Conference Room 9-040, Chicago

Environmental Register No. 491

February, 1995/Page

February, 1995/Page 17

March 17

10:00 a.m.

PCB 95-3

A-V

Illinois Petroleum Marketers Association (representing 267 facilities located in

the Chicago ozone nonattainment area) v. EPA - James R. Thompson Center,

Room 9-040, 100 West Randolph Street, Chicago.

March 23

11:00 a.m.

Pollution Control Board Meeting, James R. Thompson Center, 100 W.

Randolph St., Conference Room 11-500, Chicago

March 24

10:00 a.m.

AC 95-7

Sangamon County v. Hart of Illinois, Inc. (Loami/Hart of Illinois, Inc.) -

Pollution Control Board Office, Suite 402, 600 South Second Street,

Springfield.

March 28

10:00 a.m.

R 94-2(B)

R, Land

In the Matter of: Petroleum Leaking Underground Storage Tanks, 35 Ill.

Adm. Code 732 - County Board Chambers, 200 South Ninth Street, 2nd

Floor, Springfield.

March 29

10:00 a.m.

R 94-2(B)

R, Land

In the Matter of: Petroleum Leaking Underground Storage Tanks, 35 Ill.

Adm. Code 732 - County Board Chambers, 200 South Ninth Street, 2nd

Floor, Springfield.

March 30

11:00 a.m.

Pollution Control Board Meeting, James R. Thompson Center, 100 W.

Randolph St., Conference Room 11-500, Chicago

April 3

10:00 a.m.

R 95-9

R, Land

In the Matter of: Petition for Amendments to 35 Ill. Adm. Code 810.103

(Solid Waste Disposal: General Provisions) - DeKalb County Farm Bureau,

315 North 6th Street, Lower Auditorium, DeKalb.

April 7

11:00 a.m.

AS 94-2

Air

In the Matter of: Petition of Solar Corporation for an Adjusted Standard from

35 Ill. Adm. Code 218.Subpart PP - Libertyville Village Hall, Board Room,

118 West Cook Street, Libertyville.

April 7

10:00 a.m.

PCB 94-195

L-S-R

Land and Lakes Co., Inc., JMC Operations, Inc., and NBD Trust Company

of Illinois, as Trustee under Trust No. 2624 EG v. Village of Romeoville -

Romeoville Village Hall, Board Room, 13 Montrose Drive, Romeoville.

April 10

10:00 a.m.

AS 94-8

Water,

NPDES

In the Matter of: Petition of Acme Steel Company and LTV Steel Company

for an Adjusted Standard from 35 Ill. Adm. Code 302.211 - James R.

Thompson Center, Room 9-040, 100 West Randolph Street, Chicago.

April 10

10:00 a.m.

R 95-9

R, Land

In the Matter of: Petition for Amendments to 35 Ill. Adm. Code 810.103

(Solid Waste Disposal: General Provisions) - Illinois Dep't of Agriculture

State Fairgrounds, Agricultural Building, Springfield.

April 19

10:00 a.m.

AC 94-92

County of DuPage v. Waste Management of Illinois, Inc. (Greene Valley

Landfill) - DuPage County Courthouse, Courtroom 2003, Second Floor, 505

North County Farm Road, Wheaton.

April 20

10:30 a.m.

Pollution Control Board Meeting, James R. Thompson Center, 100 W.

Randolph St., Conference Room 9-040, Chicago

April 21

10:00 a.m.

AC 94-92

County of DuPage v. Waste Management of Illinois, Inc. (Greene Valley

Landfill) - DuPage County Courthouse, Courtroom 2003, Second Floor, 505

North County Farm Road, Wheaton.

April 21

11:00 a.m.

AS 94-15

Land

In the Matter of: Petition of Lone Star Industries, Inc. for an Adjusted

Standard from 35 Ill. Adm. Code 811.320(d) - LaSalle County Courthouse,

Courtroom 305, 119 West Madison Street, Ottawa.

Page

Page 18

18/ February, 1995

/ February, 1995

Environmental Register No. 491

April 25

10:00 a.m.

R 94-2(B)

R, Land

In the Matter of: Petroleum Leaking Underground Storage Tanks, 35 Ill.

Adm. Code 732 - James R. Thompson Center, 100 West Randolph Street,

Room 9-040, Chicago.

April 26

10:00 a.m.

R 94-2(B)

R, Land

In the Matter of: Petroleum Leaking Underground Storage Tanks, 35 Ill.

Adm. Code 732 - James R. Thompson Center, 100 West Randolph Street,

Room 9-040, Chicago.

April 27

10:00 a.m.

PCB 94-273

EPCRA-E

People of the State of Illinois v. Metals Technology Corp. - Elmhurst City

Hall, Second Floor, Conference Room No. 2, 209 North York Street,

Elmhurst.

May 3

10:00 a.m.

PCB 94-270

A-E

People of the State of Illinois v. Spraying Systems Company - DuPage County

Courthouse, Courtroom 212, 505 North County Farm Road, Wheaton.

May 12

11:00 a.m.

AC 95-5

EPA v. Landfill Company and Donald Martin (Henry County Landfill #2) -

Henry County Courthouse, Small Courtroom, Courthouse Square,

Cambridge.

May 18

10:30 a.m.

Pollution Control Board Meeting, James R. Thompson Center, 100 W.

Randolph St., Conference Room 9-040, Chicago

June 9

10:00 a.m.

PCB 92-60

UST-FRD

Kean Oil Company v. EPA - McHenry County Government Center, Room B-

164, 2200 North Seminary, Woodstock.

June 15

10:30 a.m.

Pollution Control Board Meeting, James R. Thompson Center, 100 W.

Randolph St., Conference Room 9-040, Chicago

June 21

1:00 p.m.

PCB 94-136

UST-FRD

Elmhurst-Chicago Stone Company v. EPA - DuPage County Board Office,

Third Floor, 421 North County Farm Road, Wheaton.

Calendar Code

3d P

Third Party Action

A-CAdministrative Citation

A-E

Air Enforcement

A-SAdjusted Standard

A-V

Air Variance

CSOCombined Sewer Overflow Exception

Groundwater

HW DelistRCRA Hazardous Waste Delisting

L-E

Land Enforcement

L-S-RLandfill Siting Review

L-V

Land Variance

MWMedical Waste (Biological Materials)

N-E

Noise Enforcement

N-VNoise Variance

P-A

Permit Appeal

PWS-EPublic Water Supply Enforcement

PWS-V

Public Water Supply Variance

RRegulatory Proceeding proceeding (hazardous waste

only)

RCRA

Resource Conservation and Recovery

Act

Alternative Standards (35 ILL. ADM. CODE

302.211(f)))

SWH-E

Special Waste Hauling Enforcement

SWH-VSpecial Waste Hauling Variance

Thermal Demonstration Rule

T-CTax Certifications

T-S

Trade Secrets

UST-AppealUnderground Storage Tank Corrective

Action Appeal

UST-E

Underground Storage Tank

Enforcement

UST-FRDUnderground Storage Tank Fund Reim-

bursement Determination

W-E

Water Enforcement

W-VWater Variance

WWS

Water-Well Setback Exception

Environmental Register No. 491

February, 1995/Page

February, 1995/Page 19

Printed by Authority of the State of Illinois, February, 1995, 2,000 copies, order #57701.

Bulk Rate

U.S. Postage

PAID

Chicago, IL

Permit No.2088

The Illinois Pollution Control Board is an independent seven member board which adopts the environmental

control standards for the State of Illinois and rules on enforcement actions and other environmental disputes.

The Board Members are:

Claire A. Manning, Chairman

Springfield, Illinois

Emmett E. Dunham II

Ronald C. Flemal

G. Tanner Girard

Elmhurst, Illinois

DeKalb, Illinois

Grafton, Illinois

Marili McFawn

J. Theodore Meyer

Joseph Yi

Palatine, Illinois

Chicago, Illinois

Park Ridge, Illinois

The Environmental Register is a newsletter published by the Board monthly. The Register provides

updates on rulemakings and other information, lists final actions, and contains the Board's hearing calendar.

The Register is provided free of charge.

Illinois Pollution Control Board

State of Illinois Center, 11-500

100 West Randolph Street

Chicago, Illinois 60601

(312) 814-3620

Address Correction Requested.