No. 522
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A Publication of the Illinois Pollution Control Board
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December 1997
FEDERAL actions
United States Environmental
Protection Agency Proposes
Regulations Regarding Air
Quality Surveillance for Lead
Lead air pollution levels meas-
ured near the nation’s roadways
have decreased 97% between 1976
and 1995 with the elimination of
lead in gasoline used by on-road
mobile sources. Because of this
historic decrease, the United States
Environmental Protection Agency
(USEPA) is proposing to shift its
ambient air monitoring focus from
measuring lead air pollutant
concentrations emanating from
mobile source emissions toward a
focus on stationary point sources of
lead air pollution.
On November 5, 1997, the
USEPA proposed regulations
regarding air quality surveillance
for lead. 62 Fed. Reg. 59840
(November 5, 1997). This proposal
would revise the 40 CFR 58 lead
air monitoring requirements to
allow many lead monitoring
stations to be discontinued while
maintaining a core lead monitoring
network in urban areas to track
continued compliance with lead
National Ambient Air Quality
Standards (NAAQS). This action
also would require lead ambient air
monitoring around lead stationary
sources. This action is
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Rulemaking UPDATE
Board Adopts Final Identical-in-Substance Rules Amending the Under-
ground Injection Control and Resource Conservation and Recovery Act of
1976 Subtitle C Hazardous Waste Regulations at 35 Ill. Adm. Code 702,
703, 720 through 726, 728, 730, 738, and 739, R96-10, R97-3, R97-5
On November 6, 1997, the Board adopted amendments to the underground
injection control (UIC) and Resource Conservation and Recovery Act of 1976
Subtitle C (RCRA Subtitle C) hazardous waste regulations at 35 Ill. Adm. Code
702, 703, 720 through 726, 728, 730, 738, and 739. Section 22.4(a) of the
Environmental Protection Act (Act) (415 ILCS 5/22.4(a) (1996)) provides for
quick adoption of regulations that are identical in substance to federal regula-
tions adopted by USEPA to implement Sections 3001 through 3005 of RCRA
(42 U.S.C.
??
6921-6925 (1996)) and that Title VII of the Act and Section 5 of
the Administrative Procedure Act (APA) (5 ILCS 100/5-35 & 5-40 (1996)) shall
not apply. Because this rulemaking is not subject to Section 5 of the APA, it is
not subject to first or to second notice review by the Joint Committee on
Administrative Rules. The federal UIC rules are found at 40 CFR 146 through
148. The federal RCRA Subtitle C regulations are found at 40 CFR 260 through
268, 270 through 271, and more recently, 273 and 279.
The Board consolidated three dockets because the subject matters are
closely related and the Board wished to expedite consideration of all amend-
ments involved. The adopted rules include, in pertinent part, the following
amendments: an additional test method for biodegradibility of absorbent
materials, a revised interpretation of the carbamate rule, a stay of used oil
mixtures rule, permitting procedural requirements, organic material emissions
standards technical amendments, corrections to exclusion for recovered oil
reinjected into refining process, phase III land disposal regulations, hazardous
waste import and export regulations, used oil standards, an emergency extension
of national capacity variance for K088 wastes, and adoption
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NVIRONMENTAL
R
EGISTER
Inside This Issue
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Final Decisions p7
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New Cases p9
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Calendar of Meetings p11
ENVIRONMENTAL REGISTER No. 522 December 1997
2
Rulemaking Update
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of Phase IV land disposal regulations.
The Board will hold the adopted amendments for 30
days, specifically to allow USEPA time to review and
comment on the amendments as adopted. After that time,
the Board will file the amendments with the Secretary of
State. They will become effective upon publication in the
Illinois Register
.
Any questions regarding this rulemaking may be di-
rected to Michael McCambridge at 312/814-6924, e-mail
address: mmccambr@pcb084r1.state.il.us
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oard Adopts for First Notice Publication in the
Illinois Register
Amendments to 35 Ill. Adm. Code
703, 720, 721, 724, 725, 728, and 733 (Standards
for Universal Waste Management), R98-12
On November 6, 1997, the Board adopted for first
notice publication in the
Illinois Register
amendments to
35 Ill. Adm. Code 703, 720, 721, 724, 725, 728, and 733
(Standards for Universal Waste Management). On
October 17, 1997, the Illinois Environmental Protection
Agency (IEPA), pursuant to Sections 27 and 28 of the
Environmental Protection Act (Act) (415 ILCS 5/27, 28
(1996)), filed a rulemaking to amend the Board’s
regulations concerning standards for universal waste
management. Specifically, the IEPA’s proposal requests
that the Board amend certain sections of Part 733 to
designated hazardous flourescent and high intensity
discharge lamps, which are currently classified as
hazardous waste, as universal waste.
The IEPA’s proposal is in response to Public Act 90-
502 (Pub. Act 90-502, eff. August 19, 1997 (amended in
415 ILCS 5/22.23a (1996))) signed into law by Governor
Jim Edgar on August 19, 1997. This legislation specifi-
cally designated high intensity lamps and flourescent
lamps as a category of universal waste. It further required
the Board to adopt such regulations within 180 days after
receipt of the IEPA’s proposal. Consequently, the docket
must be concluded on or before May 5, 1998.
The first hearing in this matter was held on Tuesday,
December 9, 1997, in Springfield, Illinois. The second
hearing was held on December 15, 1997, in Chicago,
Illinois.
The Board will accept written comments regarding
this proposal up until 45-days after the first notice
proposal is published in the
Illinois Register
. All written
comments should be addressed to Dorothy M. Gunn,
Clerk of the Board. Any questions regarding this
rulemaking may be directed to Cynthia Ervin at 217/524-
8509, e-mail address: cervin@pcb084r1.state.il.us
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oard Accepts for Hearing Petition of PDV
Midwest Refining, L.L.C. to Amend Site-Specific
Rule 304.123, R98-14
On November 6, 1997, the Board accepted for hear-
ing the petition of PDV Midwest Refining, L.L.C. (PDV)
to amend and renew a site-specific rule pertaining to water
discharged from its refinery. PDV owns a petroleum
refinery located in Will County near Lemont, Illinois.
The refinery was formerly owned and operated by the
Union Oil Company of California (Union) and then
operated by UNO-VEN Company. The Board granted a
site-specific rule change to Union in 1987. See In the
Matter of: Proposal of Union Oil Company of California
to Amend the Water Pollution Regulations: 35 Ill. Adm.
Code 304.213 (December 16, 1993), R93-8. PDV
became the owner and operator of the refinery on May 1,
1997, and is seeking to amend and renew the site-specific
rule as it relates to water discharged from the refinery.
The Board directed the hearing officer assigned to the
matter to schedule hearing. The Board also granted
PDV’s motions to waive the requirements that the petition
be accompanied by 200 signatures and that the petition be
accompanied by nine copies of all exhibits. The Board
ordered PDV to provide four copies of all exhibits. A
hearing date will be set shortly.
Any questions may be directed to John Knittle at
312/814-3473, e-mail address: jknittle@pcb084r1.state.il-
.us
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oard Accepts for Hearing Clean-Up Amendments
to 35 Ill. Adm. Code 215, R98-15
On November 6, 1997, the Board accepted for hear-
ing the proposal of the Illinois Environmental Protection
Agency (IEPA) to amend 35 Ill. Adm. Code 215. The
proposal amends Subpart A.General Provisions, Subpart
F.Coating Operations, and Subpart Z.Dry Cleaners.
Specifically, the IEPA’s proposal deletes those regulations
which are duplicated in Parts 218 and 219, adds language
at Section 216.206(a) which exempts certain coaters, adds
a new exemption for touch-up and repair coatings in
Section 215.206(b), and deletes Sections 215.206(b),
215.206(c), and 215.601 through 606. The Board also
granted the IEPA’s motion for expedited hearing, noting
that because the proposal deals with a state-wide regula-
tion, at least two hearing must be held in at least two areas
of the State of Illinois. Hearings will be set shortly.
Any questions regarding this rulemaking may be di-
rected to Audrey Lozuk-Lawless at 312/814-6923, e-mail
address: alozukla@pcb084r1.state.il.us
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December 1997 ENVIRONMENTAL REGISTER No. 522
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oard Adopts Emissions Reduction Market System,
R97-13
On November 20, 1997, the Board adopted rules cre-
ating an Emissions Reduction Market System (ERMS).
Docketed by the Board as R97-13, these regulations at 35
Ill. Adm. Code 205 create an ERMS program for volatile
organic material (VOM) for the Chicago nonattainment
area. Emissions Market Reduction System Adoption of
35 Ill. Adm. Code 205 (October 2, 1997), R97-13. The
ERMS is one component of the Illinois Environmental
Protection Agency’s (IEPA) plan to achieve a 9%
reduction in VOM by 1999 in the Chicago nonattainment
area.
New Part 205 is designed to regulate stationary point
sources that are: (1) located in the Chicago nonattainment
area, (2) required to obtain a Clean Air Act Permit
Program (CAAPP) permit, and (3) have seasonal emis-
sions of at least 10 tons of VOM. New Part 205 regulates
these sources by establishing a historical emissions
baseline for each source and requiring each source to
reduce its emissions from that baseline by 12%. A source
will establish its baseline by averaging its VOM emissions
during any two of the “ozone seasons” (
i.e.,
May 1 to
September 30) of the years 1994, 1995, or 1996. The
IEPA will then issue source allotment trading units
(ATUs) in an amount equal to 88% of each source’s
baseline, (
i.e.
, 100% of the source’s baseline less the 12%
required reduction).
The rules require sources to hold ATUs in the amount
equal to their seasonal emissions of VOM. Sources can
either reduce their emissions by 12% or purchase ATUs
from the market created by the rule to meet their emis-
sions need for each seasonal period.
This rulemaking was originally proposed by the IEPA
on October 7, 1996. The Board held nine days of hearing
in this matter and received one public comment before
issuing a first notice opinion and order on July 10, 1997.
After the first notice opinion and order was published in
the
Illinois Register
(21 Ill. Reg. 9649 (July 25, 1997)),
the Board held an additional hearing on August 19, 1997.
On October 2, 1997, the Board adopted an order for
second notice review by the Joint Committee on Admin-
istrative Rules (JCAR). On November 12, 1997, JCAR
issued a certificate of no objection to this rulemaking.
Any questions regarding this rulemaking may be di-
rected to Richard McGill at 312/814-6983, e-mail
address: rmcgill@pcb084r1.state.il.us
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oard Adopts Amendments to the Clean Fuel Fleet
Program: 35 Ill. Adm. Code 241, R 98-8
On November 20, 1997, the Board adopted amend-
ments to the Clean Fuel Fleet Program (CFFP), docketed
by the Board as R98-8. This rulemaking was proposed
and adopted in accordance with Section 28.5 of the
Environmental Protection Act (415 ILCS 5/28.5 (1996)).
Section 28.5 provides for the adoption of Clean Air Act
amendments (42 U.S.C.
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7401
et seq.
(1990)) according
to a fast-track procedure. The rule amends certain
sections of the CFFP to reflect that owners and operators
of fleets will have an additional year to meet the require-
ments of the CFFP and to correct certain amounts of
credit given for over-compliance.
The first hearing in this matter was conducted in Chi-
cago on August 27, 1997. As no requests were made for
the second hearing within seven days of the first hearing
in accordance with Section 22.5 of the Environmental
Protection Act (415 ILCS 5/22.5 (1996)), the second and
third hearings were canceled by hearing officer order
dated September 4, 1997. No public comments were
received during the first notice period. On October 16,
1997, the Board adopted the rules for second notice
review by the Joint Committee on Administrative Rules
(JCAR). On November 12, 1997, JCAR issued a
certificate of no objection to the rules.
Any questions regarding this rulemaking may be di-
rected to Amy Muran Felton at 312/814-7011, e-mail
address: amuranfe@pcb084r1.state.il.us
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oard Adopts Identical-in-Substance Amendments
to the Resource Conservation and Recovery Act
Subtitle D Non-Hazardous Waste Regulations,
R97-20
On November 20, 1997, the Board adopted amend-
ments to the Resource Conservation and Recovery Act
(RCRA) (42 U.S.C.
??
6944, 6949(a) (1976)) Subtitle D
municipal solid waste landfill (MSWLF) regulations. In
the Matter of: RCRA Subtitle D Update, USEPA
Regulations (July 1, 1996 through December 31, 1996)
(August 7, 1997), R97-20. The federal RCRA Subtitle D
regulations are found at 40 CFR 258 and reflect those
amendments made during the period from July 1, 1996
through December 31, 1996.
Section 22.40(a) of the Environmental Protection Act
(415 ILCS 5/22.40(a) (1996)) provides for quick adoption
of regulations that are identical-in-substance to federal
RCRA Subtitle D regulations adopted by the United States
Environmental Protection Agency (USEPA) to implement
Sections 4004 and 4010 of the RCRA. 42 U.S.C.
??
6944,
6949(a) (1976). Because this rulemaking is not subject to
Section 5 of the Administrative Procedure Act, this
rulemaking is not subject to first notice or to second
notice review by the Joint Committee on Administrative
Rules.
The amendments incorporate revisions to the federal
financial assurance requirements applicable to local units
of government that own or operate MSWLFs. Specifi-
cally, the amendments provide that local units of govern-
ments that own or operate MSWLFs may apply for a
financial test for self-assurance, and that they may
guarantee the costs of corrective action, closure, and/or
post-closure care on behalf of an owner or operator of a
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ENVIRONMENTAL REGISTER No. 522 December 1997
4
MSWLF. Additionally, the amendments allow the State
of Illinois to extend the deadline for financial assurance
for a facility up to April 9, 1998. The owner or operator
must demonstrate that it could not timely comply because
it could not obtain financial assurance for the site by the
April 9, 1997, compliance deadline and that the lack of
financial assurance would not adversely affect human
health or the environment. The amendments are found at
35 Ill. Adm. Code 810 and 811.
The regulations also incorporate a recent federal
amendment that essentially allows the State to relax
certain requirements for small landfills,
i.e.,
on-site
landfills (see
Federal Actions).
These amendments do not
apply, however, if the facility is a RCRA Subtitle C
hazardous waste disposal facility or a RCRA Subtitle D
MSWLF. The amendments are found at 35 Ill. Adm.
Code 811.
Finally, the regulations include amendments in re-
sponse to Public Act 89-200 (Pub. Act 89-200, eff. July
21, 1996). These regulations include amendments to the
federal deadline for landfill financial assurance and
qualifications for an insurer providing financial insurance.
On August 7, 1997, the Board adopted the proposal
for public comment. Notice of the proposed amendments
appeared in the
Illinois Register
on August 29, 1997, at 21
Ill. Reg. 11835 (Part 810) & 11840 (Part 11). Three
public comments were received during the 45-day
comment period.
Any questions regarding this rulemaking may be di-
rected to Michael McCambridge at 312/814-6924, e-mail:
mmccambr@pcb084r1.state.il.us
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oard Adopts First Notice Proposal in the Matter
of Amendments to General Permitting Provisions
to Require Perpetual Permits for Certain Sources
(Amendments to 35 Ill. Adm. Code 201), R98-13
On November 20, 1997, the Board adopted for first
notice publication in the
Illinois Register
amendments to
general permitting provisions to require perpetual permits
for certain sources, located at 35 Ill. Adm. Code 201. On
October 10, 1997, the Illinois Environmental Protection
Agency (IEPA) filed this proposal to amend the Board’s
regulations concerning air permits. Specifically, the
IEPA’s proposal requests that the Board amend certain
sections of Part 201 to provide perpetual permits for
sources that emit 25 tons or more per year and are not
subject to Section 39.5 of the Environmental Protection
Act (Act) (415 ILCS 5/39.5 (1996)) or required to obtain
a federally enforceable State operating permit. On
October 16, 1997, the Board adopted an order accepting
the IEPA’s proposal for hearing and granting the IEPA’s
motion to expedite proceedings. The proposal indicates
that the proposed rules are required by amendments to the
Act contained in Public Act 90-367 (Pub. Act 90-367, eff.
August 10, 1997). Pursuant to Public Act 90-367, the
Board is required to revise its rules to reflect the amend-
ments to the Act before July 1, 1998. Due to the stringent
timeframes for adopting these proposed rules, the Board
adopted this matter for first notice under the Illinois
Administrative Procedure Act (5 ILCS 100/5-5
et seq.
(1996)) without commenting on the merits of the pro-
posal.
The first hearing in this matter was held on December
8, 1997, in Chicago, Illinois. The second hearing will be
held at 10:00 a.m. on January 12, 1998, at the Illinois
Police Training Board, 600 S. Second Street, Third Floor
Conference Room, Springfield, Illinois.
Upon publication of the proposal in the
Illinois Reg-
ister
, a 45-day public comment period will commence
whereupon interested persons may direct any written
comments to the Clerk of the Board.
Questions regarding this rulemaking may be directed
to Charles King at 312/814-6926, e-mail address:
cking@pcb084r1.state.il.us
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December 1997 ENVIRONMENTAL REGISTER No. 522
5
FEDERAL ACTIONS
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being taken at the direct request of numerous state and
local agencies whose on-road mobile source-oriented lead
monitors have been reporting peak lead air pollution
values that are many times less than the quarterly lead
NAAQS of 1.5 mg. for many years. Approximately 70 of
the national air monitoring states (NAMS) and a number
of the state and local air monitoring stations could be
discontinued with this action, thus making more resources
available to those state and local agencies to deploy lead
air quality monitors around unmonitored lead stationary
sources.
The current lead air monitoring regulations require
that each urbanized area with a population of 500,000 or
more operate at least two lead NAMS, one of which must
be a roadway-oriented site and the second must be a
neighborhood site with nearby traffic arteries or other
major roadways. There are approximately 85 NAMS in
operation for 1996. The proposal would reduce this
NAMS requirement to include one NAMS site in one of
the two largest metropolitan statistical areas within each
of the ten USEPA regions, and one NAMS population-
oriented site in each populated area where lead violations
have been measured over the most recent eight calendar
quarters. This latter requirement is designed to provide
information to citizens living in areas that have one or
more lead stationary sources that are causing recent air
quality violations. At present, Madison County, Illinois is
designated the metropolitan statistical area with one or
more quarterly NAAQS violation and would be subject to
this requirement.
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nnouncement of Stakeholder Meeting on Possible
Revisions to National Primary Drinking Water
Regulations for Radionuclides
On November 7, 1997, the United States Environ-
mental Protection Agency (USEPA) announced that on
December 11 and 12, 1997, it will hold a public meeting
in Washington, D.C. to discuss issues concerning the
development and revisions of the National Primary
Drinking Water Regulations (NPDWRs) for radionu-
clides. 62 Fed. Reg. 60242 (November 7, 1997). The
radionuclides, for the purposes of this meeting, include
alpha emitters, beta and photon emitters, and radium and
uranium, but do not include radon. Under a court order
on a stipulated agreement by the parties, USEPA agreed
to publish final regulations for uranium, and to revise as
necessary the current alpha, beta and photon emitters, and
radium NPDWRs by November 2000. The USEPA is in
the process of reviewing current scientific information,
new technologies, cost factors, implementation issues, and
other considerations relating to these contaminants in light
of the Safe Drinking Water Amendments of 1996 (see 42
U.S.C.
?
300f
et seq.
(1996)). Before deciding on any
course of action, USEPA is interested in obtaining views
of individuals, agencies, and organizations, who have a
stake in possible revisions to the drinking water regula-
tions for radionuclides.
Section 17.6 of the Environmental Protection Act
(415 ILCS 5/17.6 (1996)) provides that the
“maximum contaminant levels of barium, fluo-
ride and radionuclides (including radium 226,
radium 228, uranium, radon, gross alpha particle
and gross beta activity) in Illinois public water
supplies shall be the enforceable maximum con-
centration limits promulgated from time to time
by the Administrator of the U. S. Environmental
Protection Agency to implement Sections 1401
and 1412 of the federal Safe Drinking Water
Act.”
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pproval and Implementation of an Illinois State
Implementation Plan
By means of a direct final rule effective September 8,
1997, the United States Environmental Protection Agency
(USEPA) approved a revision to the Illinois State
Implementation Plan (SIP). 62 Fed. Reg. 62951
(November 26, 1997). The Illinois SIP tightens volatile
organic material (VOM) regulations for cold cleaning
degreasing operations in the Chicago and Metro-East
ozone nonattainment areas. 62 Fed. Reg. 62951
(November 26, 1997). VOM combines with oxides of
nitrogen in the atmosphere to form ground-level ozone,
commonly known as smog. Exposure to ozone is
associated with a wide variety of human health effects,
agricultural crop loss, and damage to forests and ecosys-
tems.
The VOM rules were adopted by the Board in a
rulemaking docketed as R97-24, on June 5, 1997, and
became effective June 20, 1997 (21 Ill. Reg. 7708, 7721
(June 20, 1997). The Illinois Environmental Protection
Agency formally submitted the rules to USEPA on
September 8, 1997, as a revision to the Illinois SIP for
ozone. USEPA made a finding of completeness in a letter
dated October 9, 1997.
Illinois intends to include the tightened cold cleaning
degreasing regulations as part of its 1999 and 2002 Rate
of Progress Plans. Section 182(c)(2)(B) of the Clean Air
Act (42 U.S.C.
?
182(c)(2)(B) (1990)) requires any
serious and above ozone nonattainment area to achieve
post-1996 ROP reductions of 3% of VOM 1990 baseline
emissions per year, averaged over each consecutive 3-year
period, until the area has achieved the attainment of the 1-
hour ozone national ambient air quality standard. Illinois
expects that the control measures specified in this SIP
revision will reduce VOM emissions by 11.35 tons per
day (TPD) by 1999 in the Chicago area and .79 TPD by
1999 in the Metro-East area.
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ENVIRONMENTAL REGISTER No. 522 December 1997
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The direct final rule is effective on January 26, 1998,
unless USEPA receives written adverse or critical
comments by December 26, 1997. Written comments
should be sent to: J. Elmer Bortzer, Chief, Regulation
Development Section, Air Programs Branch (AR-18J),
USEPA, 77 West Jackson Boulevard, Chicago, Illinois
60604.
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larification of Standards of Performance for New
Stationary Sources: Nonmetallic Mineral Proc-
essing Plants
On November 26, 1997, the United States Environ-
mental Protection Agency (USEPA) clarified the applica-
bility of the new source performance standards for
nonmetallic mineral processing plants (40 CFR
60.6700(a)). 62 Fed. Reg. 62953 (November 26, 1997).
This action is necessary because of incorrect guidance and
preamble language regarding the regulation’s applicability
to affected facilities in the nonmetallic mineral processing
industry. The April 1991 “Regulatory and Inspection
Manual for Nonmetallic Mineral Processing Plants”
included the following incorrect statement: “Subpart
OOO affected facilities begin with the first crushing or
grinding operation at the plant.”
Section 60.670(a) of subpart OOO lists the affected
facilities in fixed or portable nonmetallic mineral
processing plants. This lists includes each crusher,
grinding mill, screening operation, bucket elevator, belt
conveyor, bagging operation, storage bin, and enclosed
truck or railcar loading station. The clear intent of the
regulation is that all facilities listed in Section 60.670(a)
are subject to subpart OOO. While subpart OOO affected
operations typically have crushers or grinding mills
located at or near the beginning of the nonmetallic mineral
processing line, this is not always the case (
e.g.
, some
plants may convey, screen, or otherwise process materials
without first utilizing a crusher located in the plant).
Therefore, USEPA is clarifying that as long as crushing or
grinding occurs anywhere at a nonmetallic mineral
processing plant, any affected facility listed in Section
60.670(a) is subject to subpart OOO regardless of its
location within the plant. USEPA expects that plants that
have not considered facilities prior to the first crushing or
grinding operations as affected facilities, will now ensure
that those affected facilities will meet all the applicable
regulatory requirements.
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otice of Consent Decree in United States v. Ford
Motor Company, Chicago, Illinois Assembly Plant
On November 21, 1997, notice was given that a pro-
posed consent decree in United States v. Ford Motor
Company, civil action no. 97 C 7716, has been lodged
with the United States District Court for the Northern
District of Illinois on November 3, 1997. 62 Fed. Reg.
62348 (November 21, 1997). The consent decree
resolves claims asserted against defendant, Ford Motor
Company (Ford), under the Clean Air Act (42 U.S.C.
7401
et seq
. (1990)) for violations of 40 CFR 52.741(x),
which was part of a federal implementation plan for the
Chicago metropolitan area ozone nonattainment area.
Under the proposed consent decree, Ford will implement
and maintain specific measures that will substantially
reduce emissions from cleanup solvents at Ford’s Chicago
Assembly Plant, and Ford will pay a civil penalty of
$135,000.
Comments may be sent until December 22, 1997, to
the Assistant Attorney General of the Environmental and
Natural Resources Division, United States Department of
Justice, P.O. Box 7611, Washington, D.C. 20044, and
should refer to D.J. Ref. 909-5-2-1-1932.
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equest for Proposals for Great Lakes National
Program Office Funding
The United States Environmental Protection
Agency’s (USEPA) Great Lakes National Program Office
(GLNPO) is requesting the submission of proposals for
GLNPO funding. This request is part of the fiscal year
1998-1999 Great Lakes Priorities and Funding Guidance
(Funding Guidance). The Funding Guidance identifies
Great Lakes priorities, solicits proposals for assistance
projects, and describes other federal Great Lakes funding
opportunities. Under the Funding Guidance, proposals
are requested for a total of up to $3.7 million in funding
targeted to: contaminated sediments ($1.4 million),
pollution prevention ($700 thousand), assess-
ment/indicators ($200 thousand), habitat protection and
restoration ($1.1 million), and exotic species ($300
thousand). The deadline for submissions of preproposals
is January 15, 1998. For further information contact Mike
Russ, USEPA-GLNPO, G-17J, 77 West Jackson Boule-
vard, Chicago, Illinois 60604, (312) 886-4013, e-mail:
russ.michael@epamail.epa.gov.
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December 1997 ENVIRONMENTAL REGISTER No. 522
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Final Decisions 11/6/97
96-263
People of the State of Illinois v. George Ribble -
The Board accepted a stipulation and settlement
agreement in this air enforcement action involving a Cook
County facility, ordered respondent to pay a civil penalty
of $35,000, ordered him to perform a supplemental
environmental project, and ordered respondent to cease
and desist from further violations.
97-48
People of the State of Illinois v. Sentry Asbestos
Abatement Company, Inc. - The Board accepted a
stipulation and settlement agreement in this air
enforcement action involving a Ford County facility,
ordered respondent to pay a civil penalty of $2,500, and
ordered respondent to cease and desist from further
violations.
97-49
People of the State of Illinois v. K & B Wrecking,
Ltd. - The Board accepted a stipulation and settlement
agreement in this air enforcement action involving a Cook
County facility, ordered respondent to pay a civil penalty
of $10,000, and ordered respondent to cease and desist
from further violations.
97-102
Borden Chemicals and Plastic Operating Limited
Partnership v. IEPA - The Board granted this Sangamon
County facility a variance, subject to conditions, from the
general use water quality standards for temperature set
forth at 35 Ill. Adm. Code 302.211(b)-(e) and 304.105.
Board Member K.M. Hennessey abstained.
97-233
Citizens Opposed to Additional Landfills and
Harvey C. Pitt, individually and as a member of Citizens
Opposed to Additional Landfills v. Greater Egypt
Regional Environmental Complex a/k/a Gere Properties,
Inc. and the Perry County Board of Commissioners - The
Board affirmed the May 27, 1997, decision of the Perry
County Board of Commissioners granting siting approval
to respondent, Gere Properties, Inc.
98-15
Consolidation Coal Company v. IEPA - The Board
granted petitioner’s motion for withdrawal of this air
permit appeal involving a Jefferson County facility.
98-64
Commonwealth Edison Company (Dresden Station)
v. IEPA - Upon receipt of an IEPA recommendation, the
Board granted this Grundy County facility a 45-day
provisional variance, subject to conditions, from certain
effluent discharge requirements of the water pollution
control regulations, as set forth in Special Conditions Nos.
2A, 2D, and 2G of National Pollutant Discharge
Elimination System Permit No. IL002224, 35 Ill. Adm.
Code 302.211(d), 304.141(c), and the Board’s order In
the Matter of: 410 (c) Petition for Dresden Nuclear
Generating Station (July 8, 1981), PCB 79-134. Board
Member K.M. Hennessey abstained.
98-65
City of Kewanee v. IEPA - Upon receipt of an
IEPA recommendation, the Board granted this Henry
County facility a 45-day provisional variance, subject to
conditions, from certain effluent discharge requirements
of the water pollution control regulations, as set forth in
Special Condition No.12 of its National Pollutant
Discharge Elimination System Permit No. IL0029343, and
35 Ill. Adm. Code 305.102, 309.146(a)(4), and
304.141(b). Board Member K.M. Hennessey abstained.
98-66
Diamond Plating Company, Inc. v. IEPA - Upon
receipt of an IEPA recommendation, the Board granted a
nine-day provisional variance from the 90-day limitation
on the accumulation of hazardous wastes at this Madison
County facility.
AC 98-2
IEPA v. Frank A. Olson - The Board entered an
order finding that this Henderson County respondent
violated Section 21(p)(1) of the Environmental Protection
Act and ordered him to pay a civil penalty of $500.
AC 98-9
County of Vermilion v. Emery Johnson - The
Board entered an order dismissing this administrative
citation for failure to perfect service within 60 days of the
date of the observed violation.
R96-10
In the Matter of: RCRA Update, USEPA
Regulations (July 1, 1995 through December 31, 1995) -
The Board adopted amendments to the underground
injection control and hazardous waste regulations found at
35 Ill. Adm. Code 702, 703, 720 through 726, 728, 733,
738, and 739. Consolidated with R97-3 and R97-5.
See
Rulemaking Update.
R97-3
In the Matter of: UIC Update, USEPA Regulations
(January 1, 1996 through June 30, 1996) - The Board
adopted amendments to the underground injection control
and hazardous waste regulations found at 35 Ill. Adm.
Code 702, 703, 720 through 726, 728, 733, 738, and 739.
Consolidated with R96-10 and R97-5.
See Rulemaking
Update.
R97-5
In the Matter of: In the Matter of RCRA Update,
USEPA Regulations (January 1, 1996 through June 30,
1996) - The Board adopted amendments to the
underground injection control and hazardous waste
regulations found at 35 Ill. Adm. Code 702, 703, 720
through 726, 728, 733, 738, and 739. Consolidated with
R96-10 and R97-3.
See Rulemaking Update.
ENVIRONMENTAL REGISTER No. 522 December 1997
8
Final Decisions 11/20/97
91-219
General Motors Corporation, Powertrain Division
v. IEPA - The Board granted petitioner’s motion for
withdrawal of this National Pollutant Discharge
Elimination System permit appeal involving a Vermilion
County facility. Board Member K.M. Hennessey
abstained.
94-199
Citizens Utilities Company of Illinois v. IEPA -
The Board granted petitioner’s motion for withdrawal of
this National Pollutant Discharge Elimination System
permit appeal involving a Will County facility. Board
Member K.M. Hennessey abstained.
96-265
Edward M. Pearl v. Bicoastal Corporation, Singer
Corporation, and Eaton Corporation - The Board granted
complainant’s motion for withdrawal of this citizen’s land
enforcement action involving a McHenry County facility.
97-84
George Casanave v. Amoco Oil Company - The
Board granted respondent’s motion for dismissal of this
citizen’s underground storage tank enforcement action
involving a Cook County facility, finding that there is no
set of facts in the complaint which can be proven that
would entitle the complainant to relief. Board Member
R.C. Flemal concurred.
97-111
People of the State of Illinois v. John Prior and
Industrial Salvage, Inc. - The Board entered an order
finding that these Marion County respondents violated
Sections 12(a), 21(d)(1), (d)(2), and (o)(11) of the
Environmental Protection Act (Act) (415 ILCS 5/12(a),
21(d)(1), (d)(2), (o)(11) (1994)) and Sections 620.115,
620.301, 620.302(c), 620.405, 620.410, 807.313, and
807.315 of the Board’s groundwater quality standards (35
Ill. Adm. Code 620.115, 620.301, 620.302(c), 620.405,
620.410, 807.313, 807.315). The Board further imposed
a civil penalty against respondents in the amount of
$287,000 and ordered respondents to reimburse
complainant $2,520 for attorney fees associated with
prosecuting this enforcement action. Finally, the Board
directed John Prior and Industrial Salvage, Inc. to cease
and desist from further violations of the Act and Board
regulations
.
Board Member K.M. Hennessey abstained.
98-33
East Saint Louis Authority v. IEPA - Having
previously granted a request for a 90-day extension, the
Board dismissed the matter because no underground
storage tank appeal was timely filed on behalf of this St.
Clair County facility.
98-35
Sycamore Community Unit School District No. 427
v. IEPA - Having previously granted a request for a 90-
day extension, the Board dismissed the matter because no
underground storage tank appeal was timely filed on
behalf of this DeKalb County facility.
98-39
W.E.S. Enterprises, Inc. v. IEPA - Having
previously granted a request for a 90-day extension, the
Board dismissed the matter because no underground
storage tank appeal was timely filed on behalf of this
Cook County facility.
98-68
Fedders Corporation v. IEPA - Upon receipt of an
IEPA recommendation, the Board granted a 30-day
provisional variance from the 90-day limitation on the
accumulation of hazardous wastes at this Effingham
County facility.
98-69
North Shore Sanitary District (Waukegan, Gurnee,
and Clavey Road Sanitary Treatment Plants) v. IEPA -
Upon receipt of an IEPA recommendation, the Board
granted this Lake County facility a 45-day provisional
variance, subject to conditions, from certain effluent
discharge requirements of the water pollution control
regulations, as set forth in Special Condition No. 8 of its
National Pollutant Discharge Elimination System Permits
Nos. IL0030244 (Waukegan), IL0035092 (Gurnee), and
IL0030171 (Clavey Road) and 35 Ill. Adm. Code
302.208(d) and 304.141(a). Board Member K.M.
Hennessey abstained.
98-70
Citizens Utilities Company of Illinois (Valley
Marina Water Reclamation Facility) v. IEPA - Upon
receipt of an IEPA recommendation, the Board granted
this Henry County facility a 45-day provisional variance,
subject to conditions, from certain effluent discharge
requirements of the water pollution control regulations, as
set forth in National Pollutant Discharge Elimination
System Permit No. IL0031551 and 35 Ill. Adm. Code
304.120 and 304.141(a). Board Member K.M. Hennessey
abstained.
AC 97-55
County of Will v. Phyllis Harrington and
Phillip Sandberg, Jr. - The Board granted complainant’s
motion for withdrawal of this administrative citation
involving a Will County facility.
AC 98-11
County of Will v. Kavanaugh Enterprises, Inc.
- The Board entered an order finding that this Will County
respondent violated Sections 21(p)(1) and (p)(3) of the
Environmental Protection Act (415 ILCS 5/21(p)(1),
(p)(3) (1996)), and ordered it to pay a civil penalty of
$1,000.
December 1997 ENVIRONMENTAL REGISTER No. 522
9
R97-13
In the Matter of: Emissions Reduction Market
System Adoption of 35 Ill. Adm. Code 205 - The Board
adopted amendments adding 35 Ill. Adm. Code 205 to the
air pollution control regulations.
See Rulemaking
Update.
R97-20
In the Matter of: RCRA Update, Subtitle D,
USEPA Regulations (July 1, 1996 through December 31,
1996) - The Board adopted identical-in-substance
amendments to the hazardous waste regulations found at
35 Ill. Adm. Code 811.
See Rulemaking Update.
R98-8
In the Matter of: Clean Fuel Fleet Program:
Amendments to 35 Ill. Adm. Code 241 - The Board
adopted amendments to the air pollution control
regulations found at 35 Ill. Adm. Code 241.
See
Rulemaking Update.
New Cases 11/6/97
98-36
OK Service Center v. IEPA - The Board accepted
for hearing this appeal of an underground storage tank
decision on behalf of a Cook County facility.
98-54
Edward Malina v. Jean Day - The Board held this
citizen’s underground storage tank enforcement action
against a DuPage County facility for a duplicitous and
frivolous determination.
98-55
Donald McCarrell and Ann McCarrell v. Air
Distribution Associates, Inc. - The Board held this
citizens’ land enforcement action against a DuPage
County facility for a duplicitous and frivolous
determination.
98-56
People of the State of Illinois v. Certified Wrecking
Company, Inc. - The Board received for hearing this air
enforcement action against a Cook County facility.
98-57
Edward J. and Janina E. Klich v. Wal-Mart
(Facility #1003) - The Board accepted for hearing this
citizens’ noise enforcement action against a DuPage
County facility.
98-58
People of the State of Illinois v. Stephen Berger
d/b/a Layer One - The Board received for hearing this
Resources Conservation and Recovery Act enforcement
action against a Winnebago County facility.
98-59
Morton College Board of Trustees of Illinois,
Community College District No. 527 v. Town of Cicero -
The Board received for hearing this Resources
Conservation and Recovery Act enforcement action
against a Cook County facility.
98-60
CDT Landfill Corporation v. City of Joliet - The
Board accepted for hearing this appeal of a pollution
control facility (landfill) siting decision involving a Will
County facility.
98-61
People of the State of Illinois v. James Patton, an
individual d/b/a A & J Manufacturing - The Board
received for hearing this Resources Conservation and
Recovery Act enforcement action against a Cook County
facility.
98-62
Raymond S. Hara v. IEPA - The Board accepted
for hearing this appeal of an underground storage tank
decision involving a Cook County facility. As two
separate IEPA decisions were involved, the Board split
this docket and opened PCB 98-67. This appeal covers the
invoice period from February 7, 1993, to November 13,
1993. Board Member K.M. Hennessey abstained.
98-63
Exolon ESK Company v. IEPA - The Board
accepted this request for a 90-day extension of time to file
an underground storage tank appeal on behalf of a Putnam
County facility. Board Member K.M. Hennessey
abstained.
98-64
Commonwealth Edison Company (Dresden Station)
v. IEPA -
See Final Actions
98-65
City of Kewanee v. IEPA -
See Final Actions
98-66
Diamond Plating Company, Inc. v. IEPA -
See
Final Actions
98-67
Raymond S. Hara v. IEPA - The Board accepted
for hearing this appeal of an underground storage tank
decision involving a Cook County facility. This docket
was opened as a result of the Board’s order in PCB 98-62.
The appeal covers the invoice period from February 3,
1994, to January 23, 1995. Board Member K.M.
Hennessey abstained.
AC 98-12
County of Will v. Albert Barnes and Mary
Barnes - The Board received an administrative citation
against these Will County respondents.
AC 98-13
IEPA v. Mandarin Investment Corporation,
Jayne Lien, and Fred Rosenberger - The Board received
an administrative citation against these Champaign
County respondents.
ENVIRONMENTAL REGISTER No. 522 December 1997
10
R98-12
In the Matter of: Amendment of 35 Ill. Adm.
Code 703, 720, 721, 724, 725, 728, and 733 (Standards
for Universal Waste Management) - The Board accepted
for hearing the IEPA’s proposal to amend the Board’s
regulations concerning standards for universal waste
management. -
See Rulemaking Update
R98-14
In the Matter of: Petition of PDV Midwest
Refining, L.L.C. for Site-Specific Rule Change from 35
Ill. Adm. Code 304.213 - The Board accepted for hearing
petitioner’s proposal to amend and renew a previously
granted site-specific rule in the Board’s water discharge
regulations. -
See Rulemaking Update
R98-15
In the Matter of: Clean-Up Amendments to 35
Ill. Adm. Code Part 215 - The Board accepted for hearing
the IEPA’s proposal to amend the Board’s air pollution
control regulations. -
See Rulemaking Update
New Cases 11/20/97
98-68
Fedders Corporation v. IEPA -
See Final Actions
98-69
North Shore Sanitary District (Waukegan, Gurnee,
and Clavey Road Sanitary Treatment Plants) v. IEPA -
See Final Actions
98-70
Citizens Utilities Company of Illinois (Valley
Marina Water Reclamation Facility) v. IEPA -
See Final
Actions
98-71
Brickyard Disposal and Recycling, Inc. v. IEPA -
The Board accepted this request for a 90-day extension of
time to file a permit appeal on behalf of a Vermilion
County facility.
98-72
St. Clair Properties Development, Inc. v. IEPA -
The Board held this request for a permit appeal on behalf
of a St. Clair County facility, finding the petition
deficient, and requesting the filing of an amended petition
within 30 days to cure the deficiencies.
AC 98-14
County of Montgomery v. Envotech-Illinois,
Inc. - The Board received an administrative citation
against this Montgomery County respondent.
AS 98-3
In the Matter of: Petition of Sundstrand
Corporation for an Adjusted Standard from 35 Ill. Adm.
Code 215.204(j)(3) - The Board acknowledged receipt of
this petition for an adjusted standard from certain
requirements on behalf of a Winnebago County facility
and held it pending receipt of a certificate of publication.
AS 98-4
In the Matter of: Petition of Sundstrand
Corporation for an Adjusted Standard from 35 Ill. Adm.
Code 215.204(j)(3) - The Board acknowledged receipt of
this petition for an adjusted standard from certain
requirements on behalf of a Winnebago County facility
and held it pending receipt of a certificate of publication.
October 1997 ENVIRONMENTAL REGISTER No. 520
11
CALENDAR OF MEETINGS
Date &
Time
Docket
Number
Case Name Location of Hearing
12/15/97
10:00am
R 98-12 In the Matter of: 35 Ill. Adm. Code 703, 720,
721,724, 728, and 733 (Standards for Universal
Waste Management)
James R. Thompson Center, 100 West
Randolph Street, Suite 9-040, Chicago, IL
60601
12/18/97
10:30am
Illinois Pollution Control Board Meeting James R. Thompson Center, 100 West
Randolph Street, Suite 9-040, Chicago,
IL 60601
12/18/97
1:30pm
R 98-15 In the Matter of: Clean-up Amendments to 35
Ill. Adm. Code Part 215
James R. Thompson Center, 100 West
Randolph Street, Suite 8-032, Chicago, IL
60601
12/19/97
10:00am
PCB 98-60 CDT Landfill Corporation v. City of Joliet Joliet City Hall, Council Chambers, 150
West Jefferson Street, Joliet, IL 60432
12/19/97
10:00am
R 97-27 In the Matter of Revision to Waste Disposal
Rules: Amendment to 35 Ill. Adm. Code
817.101
Illinois State Library, Room 403/404, 300
South Second Street, Springfield, IL 62704
12/22/97
1:00pm
R 98-15 In the Matter of: Clean-up Amendments to 35
Ill. Adm. Code Part 215
Illinois Pollution Control Board, 600 South
Second Street, Fourth Floor Conference
Room, Springfield, IL 62704
12/23/97 IEPA
Hearing
Illinois EPA’s Revolving Loan Fund Intended
Use for the Public Water Supply Loan Program
for 1998
Illinois EPA, Bureau of Water, 1001 N.
Grand Ave. East, Springfield, IL 62702
1/8/98
10:30am
Illinois Pollution Control Board Meeting James R. Thompson Center, 100 West
Randolph Street, Suite 9-040, Chicago,
IL 60601
1/8/98
1:00pm
R98-16 In the Matter of: Petition of W.R. Grace & Co. -
Conn. and the IEPA for Site Specific Air
Regulation: 35 Ill. Adm. Code 218.940(h)
James R. Thompson Center, 100 West
Randolph Street, Suite 9-031, Chicago, IL
60601
1/9/98
1:30am
AC 97-71 County of Will v. Michael O’Gradney, Will
County Docket No. WC 97 AC 15
Will County Courthouse, 14 West Jefferson
Street, Room 100, Joliet, IL 60432
1/12/98
10:00am
R 98-13 In the Matter of: Amendments to General
Permitting Provisions to Require Perpetual
Permits for Certain Sources: Amendment to 35
Ill. Adm. Code 201
Illinois Police Training Board, 600 South
Second Street, Third Floor Conference
Room, Springfield, IL 62702
1/22/98
10:30am
Illinois Pollution Control Board Meeting James R. Thompson Center, 100 West
Randolph Street, Suite 9-040, Chicago,
IL 60601