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E
NVIRONMENTAL
NVIRONMENTAL
R
EGISTER
EGISTER
Illinois Pollution Control Board News
No. 448
No. 448
March 25, 1992
March 25, 1992
RULEMAKING UPDATE
RULEMAKING UPDATE
BOARD PROPOSES SDWA UPDATE (R91-3)
On March 11, 1992, the Board proposed to update
the Safe Drinking Water Act (SDWA) rules to include
USEPA amendments which appeared in the Federal
Register between July 1, 1990 and January 31, 1992.
The SDWA rules are mandated by Section 17.5 of
the Act and are based on 40 CFR 141 and 143. They are
located in the Board's rules in 35 Ill. Adm. Code 611
governing public water supplies.
Most of this Update concerns the USEPA "Phase
II" rules from the January 30, 1991, Federal Register.
This involves the adoption of "revised MCL's" for some
eight inorganic contaminants, ten organic contaminants
and fourteen pesticides and PCBs. Accompanying these
revised MCLs is a major overhaul of the monitoring and
reporting requirements.
Also included in this update is approval for
additional uses of the "MMO-MUG" test for microbial
contamination. One USEPA approval occurred on
January 8, 1991. The Board has also proposed to include
the additional approvals from the January 15, 1992,
Federal Register.
The proposal will appear in the Illinois Register in
the near future. To be added to the mailing list, contact
Morton Dorothy at 217/333-5575.
BOARD DETERMINES NO EcIS IS NECESSARY IN
STAGE II GASOLINE VAPOR RECOVERY RULES,
R91-30
On March 11, 1992, the Board determined that an
Economic Impact Study is not necessary for the Stage II
gasoline vapor recovery rules proceeding. The proposed
rules are intended to regulate the installation and
operation of systems for gasoline vapor recovery of
emissions from the fueling of motor vehicles. Pursuant
to Section 182(b)(3) of the Clean Air Act, as amended in
1990 (CAAA), Illinois is to submit these regulations as a
revision to its State implementation plan (SIP) by
November 15, 1992. This proposal is directed at both
Illinois non-attainment areas. These include the Chicago
area counties of Cook, DuPage, Kane, Lake, McHenry,
and Will, as well as Oswego township in Kendall County
and Aux Sable and Goose Lake Townships in Grundy
County; and the Metro-East area, consisting of Madison,
Monroe, and St. Clair Counties.
The Board considered comments filed by the
Illinois Environmental Protection Agency and the
Department of Energy and Natural Resources (DENR)
that cost information has already been included in the
proposal, and that preparation of an EcIS would duplicate
the efforts that DENR has already expended. The Board
determined that no EcIS is necessary, stating that the
presentation of economic information at hearing and in
comments in this proceeding should be sufficient for the
Board's consideration of the economic impact of the
proposed rule. The Board noted that it may change its
determination pursuant to Section 27 of the
Environmental Protection Act, if the proposal is
substantially modified or if information in the record
indicates that an economic impact study would be
advisable.
Persons interested in the proposal should contact
the hearing officer, Michelle C. Dresdow, at (815) 753-
0947 for further information.
BOARD SENDS PROPOSAL IN RACT EXPANSION
FOR THE CHICAGO AREA TO FIRST NOTICE,
R91-28
On March 11, 1992, the Board sent the Illinois
Environmental Protection Agency's proposal to first
notice. The proposal is intended to expand the
geographical applicability of reasonably available control
technology (RACT) regulations to certain stationary
sources of volatile organic material (VOM) in Goose
Lake and Aux Sable Townships in Grundy County,
Illinois, and to Oswego Township in Kendall County,
Illinois. On July 25, 1991, the Board adopted revisions
to the State implementation plan (SIP) to make it
consistent with the existing Federal implementation plan
(FIP) in docket R91-7. The revised SIP contains a
complete set of RACT regulations applying to stationary
VOM sources located in the six Chicago area counties of
Cook, Lake, DuPage, Kane, McHenry, and Will.
However, the RACT regulations do not include Aux
Sable and Goose Lake Townships in Grundy County and
Oswego Township in Kendall County. The Agency
believes that because these townships have now been
included within the Chicago area boundaries designated
by USEPA as nonattainment for ozone, they also must be
included in the SIP.
Pursuant to a provision of the Clean Air Act
Amendments (CAAA)(42 USC ยง7511a(c) and a(b)(2)),
Illinois is to submit regulations changing the applicability
of parts 215 and 218 as a revision to its SIP by
November 15, 1992.
Page 2/March 25, 1992
Environmental Register No. 448
The Board emphasized that in sending this
proposal to first notice, it adopts no substantive position
on the merits of the proposal. The Board believes that
publishing the proposal at this time will maximize the
opportunity for public comment on the proposal, and
allow for greater opportunity for amendments to be
adopted within the CAAA deadline.
As a reminder, a hearing has been set by the
hearing officer for:
TUESDAY MAY 12, 1992
11:00 a.m.
Oswego Law Enforcement Center
Community Room
3525 Route 34
(Across from Fox Bend Golf Course)
Oswego, IL
Those interested in further information on this
proceeding should contact the Michelle C. Dresdow,
Hearing Officer, at (815) 753-0947.
SECOND NOTICE IN R91-35
On March 11, 1992, the Board adopted for second
notice the PM-10 statewide episode regulations. The
proposal prescribes state-wide limits for emission of
particulate matter with an aerodynamic diameter less than
or equal to a nominal 10 micrometers (known as PM-10).
These rules are a portion of the State implementation
plan for PM-10 and the Board has certified these rules as
federally required. The annual PM-10 standard is set at a
level of 50 micrograms per cubic meter, in the form of an
annual arithmetic mean. In addition, the proposal adopts
600 micrograms of PM-10 per cubic meter as a 24-hour
average, as the significant harm level. Questions
concerning this rulemaking should be addressed to the
hearing officer, Marie E. Tipsord, 100 W. Randolph,
Suite 11-500, Chicago, Il 60601 (312) 814-4925.
BOARD CLOSES DOCKET IN R91-25
On March 11, 1992, the Board voted 7-0 to close
the docket in R91-25, Amendments to Noise Regulations.
On November 25 and 26, 1991, the Board held inquiry
hearings in this matter. After the close of the public
comment period, the Agency informally informed the
Board that due to the limited resources of the noise
program, it is unable to present a proposal to the Board at
this time. Because there is no proponent in this matter to
carry it forward, the Board will close this docket. Any
person presenting a noise proposal to the Board should
consider incorporating all or part of the record from R91-
25. The Board wishes to thank those who participated at
the hearings and those who submitted comments.
BOARD AND STAFF ACTIVITIES
BOARD AND STAFF ACTIVITIES
On March 3, 1992, Board Member Bill Forcade
spoke to the members of a Chicago-Kent Law School
course on Scientific Analysis of Environmental Problems.
The topic was "Environmental Health Decisions in
Illinois."
Board Member Forcade gave an update on the
Board to the members of the Chicago Bar Association
Environmental Law Committee on February 4, 1992.
FOR YOUR INFORMATION
FOR YOUR INFORMATION
The Board has adopted the following Fiscal Year
92/93 regular meeting schedule:
1992
1993
July 9, 30
January 7, 21
August 13
February 4, 25
September 3, 17
March 11, 25
October 1, 15, 29
April 8, 22
November 19
May 6, 20
December 3, 17
June 3, 17
FINAL ACTIONS - MARCH 11, 1992 BOARD MEETING
FINAL ACTIONS - MARCH 11, 1992 BOARD MEETING
PCB 88-174
Allied-Signal, Inc. v. IEPA - This
matter was dismissed on the petitioner's motion.
PCB 90-59
Michael L. Christianson v. The
American Milling Co. - The Board ordered American
Milling Co. to take specified abatement measures to
reduce sound emissions at its Tazewell/Peoria County
facility and closed the docket.
PCB 91-128
Oather Druen, Evelyn Druen and Amy
Pirtle, v. James Leonard - The Board found the
settlement agreement acceptable under 35 Ill. Adm.
Code 103.180 for James Leonard's LaSalle County
facility.
PCB 91-220
Waste Management of Illinois, Inc. v.
IEPA - The Board granted the Petitioner's motion for
voluntary dismissal with prejudice for Waste
Management's Will County facility.
PCB 92-1
Russel L. Bacon v. IEPA - The Board
granted the Agency motion to dismiss.
PCB 92-39
City of Princeton v. IEPA - The Board
granted the City of Princeton's provisional variance
with conditions from 304.104, 302.212 and 304.141(a)
from the Board's water pollution regulations for the
City of Princeton's Bureau County facility.
AC 92-1
County of Madison v. Beulah Henry -
The Board found Beulah Henry violated Section
21(p)(5) of the Act and imposed a penalty of $500
payable to the General Fund-Solid Waste Fine
concerning the Madison County facility.
AC 92-2
IEPA v. Glenn Schriner - The Board
found Glenn Schriner violated Sections 21(q)(1) and
21(q)(3) of the Act and imposed a penalty of $1,000
payable to the Environmental Protection Trust Fund
concerning the Mercer County facility.
Environmental Register No. 448
March 25, 1992/Page 3
AC 92-4
IEPA v. Litchfield-Hillsboro Sanitary
Landfill, Inc. - The Board granted the Agency motion to
dismiss.
AS 91-4
In the Matter of: Petition of Amoco
Oil Co. for Adjusted Standard form 35 Ill. Adm. Code
Sections 725.213(d)(1)(B) and 725.321(a) - The Board
granted Amoco Oil an Adjusted Standard from 35 Ill.
Adm. Code Sections 725.213(d)(1)(B) and 725.321(a)
subject to conditions for its Madison County facility.
R 86-29
In the Matter of: Amendments to 35
Ill. Adm. Code 604.202 of Subtitle F: Public Water
Supplies (Aluminum) - This matter was dismissed by the
Board.
NEW CASES - MARCH 11, 1992 BOARD MEETING
NEW CASES - MARCH 11, 1992 BOARD MEETING
PCB 92-37
People of the State of Illinois v. ARO Ready Mix, Inc., a/d/a ARO Concrete, an Illinois Corp.
requirement were filed. The Board directed the Clerk
of the Board to cause publication of the required
newspaper notice and reserved ruling on the parties'
request until
after the statutory 21 days passed.
PCB 92-38
Stacey G. Howard v. Caterpillar, Inc.
- Complainant alleged violations of Board's noise
pollution regulations at respondent's Tazwell County
facility. Held for duplicitous and frivolous
determination.
PCB 92-39
City of Princeton v. IEPA - See Final
Actions.
CALENDAR OF HEARINGS
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.
March 26
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph
St., Conference Room 9-040, Chicago.
March 26
9:30 a.m.
PCB 89-177
P-A
CWM Chemical Services, Inc. v. EPA and People of the State of Illinois - Loyola
Law School, Room 124 or 229, Corboy Courtroom, 1 East Pearson, Chicago.
March 27
9:00 a.m.
PCB 89-177
P-A
CWM Chemical Services, Inc. v. EPA and People of the State of Illinois - Loyola
Law School, Room 124 or 229, Corboy Courtroom, 1 East Pearson, Chicago.
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:
John C. Marlin, Chairman
Urbana, Illinois
Joan G. Anderson
Ronald C. Flemal
Bill S. Forcade
Western Springs, Illinois
DeKalb, Illinois
Chicago, Illinois
G. Tanner Girard
J. Theodore Meyer
Michael L. Nardulli
Grafton, Illinois
Chicago, Illinois
Chicago, Illinois
The Environmental Register is a newsletter published by the Board after every Board meeting. 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.
Page 4/March 25, 1992
Environmental Register No. 448
March 27
9:00 a.m.
PCB 91-195
A-E
Scott A. Thomas and Karen A. Thomas v. Carry Companies of Illinois, Inc. -
Macon County Courthouse, County Board Room, 253 E. Wood St., Decatur.
March 30
9:30 a.m.
R91-30
R
In the Matter of: Amendments to 35 Ill. Adm. Code Subtitle B: Air Pollution,
Reasonably Available Control Technology - Stage II Vapor Recovery for Chicago
and St. Louis Area - State of Illinois Center, Room 9-031, 100 W. Randolph St.,
Chicago.
March 31
9:30 a.m.
PCB 89-177
P-A
CWM Chemical Services, Inc. v. EPA and People of the State of Illinois - Loyola
Law School, Room 124 or 229, Corboy Courtroom, 1 East Pearson, Chicago.
April 1
9:00 a.m.
PCB 89-177
P-A
CWM Chemical Services, Inc. v. EPA and People of the State of Illinois - Loyola
Law School, Room 124 or 229, Corboy Courtroom, 1 East Pearson, Chicago.
April 1
10:30 a.m.
PCB 90-197
P-A
The Celotex Corporation (Tuscola Facility) v. EPA - Adams County Building,
Small Jury Room, 521 Vermont St., Quincy.
April 2
9:00 a.m.
PCB 91-197
P-A
Cabot Corporation v. EPA - Douglas County Courthouse, First Floor, 401 S.
Center St. (Northwest Corner), Tuscola.
April 2
9:30 a.m.
R91-30
R
In the Matter of: Amendments to 35 Ill. Adm. Code Subtitle B: Air Pollution,
Reasonably Available Control Technology - Stage II Vapor Recovery for Chicago
and St. Louis Area - Illinois Department of Transportation Classroom, 1100
Eastport Plaza, Collinsville.
April 2
10:00 a.m.
PCB 91-256
L-S-R
Gallatin National Company v. The Fulton County Board and the County of Fulton
- Fulton County Farm Bureau, Route 97 and 100, Lewistown.
April 3
9:30 a.m.
PCB 91-194
W/CSO-E
Residents of Cedarville v. Village of Cedarville - Stephenson County Courthouse,
County Board Room, First Floor, 15 Galena Ave., Freeport.
April 3
10:00 a.m.
AC 89-275
A-C
EPA v. Quantum Chemical Corporation - Tuscola Community Building, Council
Chambers, 122 W. North Central, Tuscola.
April 6
9:30 a.m.
PCB 89-177
P-A
CWM Chemical Services, Inc. v. EPA and People of the State of Illinois - Loyola
Law School, Room 124 or 229, Corboy Courtroom, 1 East Pearson, Chicago.
April 7
9:00 a.m.
PCB 89-177
P-A
CWM Chemical Services, Inc. v. EPA and People of the State of Illinois - Loyola
Law School, Room 124 or 229, Corboy Courtroom, 1 East Pearson, Chicago.
April 8
10:00 a.m.
PCB 91-237
P-A
Laidlaw Environmental Services of Illinois, Inc. v. EPA - Rockford Public
Library, Room A, Lower Level, 215 N. Wyman St., Rockford.
April 8
10:00 a.m.
PCB 91-238
P-A
Laidlaw Environmental Services of Illinois, Inc. v. EPA - Rockford Public
Library, Room A, Lower Level, 215 N. Wyman St., Rockford.
April 9
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph
St., Conference Room 9-040, Chicago.
April 15
10:00 a.m.
PCB 91-184
P-A
The C.P. Hall Company v. EPA - State of Illinois Center, Suite 11-500, 100 W.
Randolph St., Chicago.
April 15
10:00 a.m.
R91-23
R
In the Matter of: Marathon Oil Company Petition for Site-Specific Rule Change,
35 Ill. Adm. Code 303.323 - Courthouse Commercium, Conference Room 280,
301 S. Cross St., Robinson.
April 16
10:00 a.m.
PCB 91-57
P-A
Monsanto Company v. EPA - Sauget Village Hall, 2897 Falling Springs Road,
Sauget.
April 16
10:00 a.m.
PCB 92-30
UST-FRD
Dynamic Hydra-Blasting, Inc. v. EPA - Alton City Hall, 101 E. 3rd St., Alton.
April 16
10:30 a.m.
PCB 91-234
P-A
Safety-Kleen Corp. (Pekin Facility) v. EPA - Pekin City Council Chambers, 400
Margaret St., Pekin.
April 21
PCB 92-28
CSX Transportation, Inc. v. EPA - State of Illinois Center, Suite 11-500, 100 W.
Environmental Register No. 448
March 25, 1992/Page 5
9:30 a.m.
UST- FRD
Randolph St., Chicago.
April 21
10:00 a.m.
PCB 92-22
UST-FRD
Warren's Service v. EPA - Mercer County Courthouse, County Board Room,
Aledo.
April 21
10:00 a.m.
PCB 92-25
L-S-R
Land and Lakes Company, JMC Operation, Inc. and NBD Trust Company of
Illinois as Trustee under Trust No. 2624EG v. Village of Romeoville - Romeoville
Village Hall, Board Room, 13 Montrose St., Romeoville.
April 23
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph
St., Conference Room 9-040, Chicago.
April 24
10:00 a.m.
PCB 91-134
P-A
Safety-Kleen Corporation (Elgin Recycle Center) v. EPA - State of Illinois Center,
Suite 11-500, 100 W. Randolph St., Chicago.
April 29
9:00 a.m.
PCB 92-10
UST-FRD
Kelly Williamson Company v. EPA - Ogle County Courthouse, 4th & Washington
Sts., State's Attorney's Conference Room, Oregon.
April 29
10:00 a.m.
PCB 90-201
N-E
David L. Dravis and Margo Dravis v. M & D AG, Jerry McGinn, and Bert Davis -
Whiteside County Courthouse, 200 E. Knox St., Morrison.
April 29
1:00 p.m.
AC 91-45
AC
County of Ogle v. Rochelle Disposal Services, Inc., Operator and City of Rochelle
-Ogle County Courthouse, 4th & Washington Sts., State's Attorney's Conference
Room, Oregon.
April 30
9:30 a.m.
PCB 90-42
P-A
Stepan Company v. EPA - Will County Courthouse, 14 W. Jefferson St., Room
439, Joliet.
April 30
9:30 a.m.
PCB 91-154
L-E
Carrell and Mary Bates v. Edward E. Brake; Ella F. Brake; Eugene Gale Heiser,
in his individual capacity and d/b/a Heiser Oil & Gas Company, an Illinois
Corporation - Fisher Village Hall, Council Chambers, 104 W. Front St., Fisher.
May 1
10:00 a.m.
AS 91-5
AS
In the Matter of Elizabeth Street Foundry, Inc., an Illinois Corporation, Petition
for Adjusted Standard, 35 Ill. Adm. Code 212.321 - State of Illinois Center, Suite
11-500, 100 W. Randolph St., Chicago.
May 7
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph
St., Conference Room 9-040, Chicago.
May 7
9:30 a.m.
PCB 91-202
P-A
Sherex Chemical Co., Inc. v. EPA - Peoria County Courthouse, Board of
Supervisors, Jefferson & Main Street, Peoria.
May 12
11:00 a.m.
R 91-28
R
In the Matter of: Amendments to 35 Ill. Adm. Code Subtitle B: Air Pollution,
Reasonably Available Control Technology - Geographical Expansion for the
Chicago Consolidated Metropolitan Statistical Area - Oswego Law Enforcement
Center, Community Room, 3525 Route 34, Oswego.
May 15
10:00 a.m.
PCB 91-83
UST-FRD
Village of Lincolnwood v. EPA - State of Illinois Center, Suite 11-500, 100 W.
Randolph St., Chicago.
May 19
10:00 a.m.
AS 91-11
AS
In the Matter of: Illinois American Water Company for an Adjusted Standard from
35 Ill. Adm. Code 304.124 (Iron and TSS only) for the Water Company's East St.
Louis Public Water Supply Facility - Alton City Hall, Council Chambers, Room
104, 101 E. Third St., Alton.
May 21
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph
St., Conference Room 9-040, Chicago.
May 27
10:00 a.m.
AS 91-12
AS
In the Matter of: Illinois American Water Company for an Adjusted Standard from
35 Ill. Adm. Code 304.124 (Iron and TSS only) for the Water Company's Cairo
Public Water Supply Facility - Alexander County Courthouse, Small Courtroom,
2000 Washington St., Cairo.
June 4
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph
St., Conference Room 9-040, Chicago.
June 24
PCB 91-259
City of Rockford v. IEPA - Rockford State of Illinois Building, 200 Wyman, Third
Page 6/March 25, 1992
Environmental Register No. 448
10:00 a.m.
UST-FRD
Conference Room, Rockford.
June 25
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph
St., Conference Room 9-040, Chicago.
June 25
10:00 a.m.
PCB 91-259
UST-FRD
City of Rockford v. IEPA - Rockford State of Illinois Building, 200 Wyman, Third
Conference Room, Rockford.
June 29
9:00 a.m.
PCB 91-250
P-A
Pekin Energy Company v. EPA - Pekin City Hall, Counsel Chambers, 400
Margaret St., Pekin.
July 21
10:00 a.m.
AS 90-4
AS
In the Matter of: Granite City Division of National Steel for Adjusted Standards
from 35 Ill. Adm. Code 302.102, 302.208, 302.210 and Subpart F, Procedures for
Determining Water Quality Criteria - City Hall, Mayor's Conference Room,
Second Floor, 200 Edison Ave., Granite City.
September 15
10:00 a.m.
PCB 91-201
UST-FRD
RKF Enterprises v. EPA - Benton City Hall, Council Room, 500 W. Main St.,
Benton.
September 24
10:00 a.m.
PCB 91-157
L-E
People of the State of Illinois v. The Grigoleit Company - Decatur Civic Center,
Human Resources Conference Room, Second Floor, 1 Civic Center Plaza,
Decatur.
September 25
10:00 a.m.
PCB 91-157
L-E
People of the State of Illinois v. The Grigoleit Company - Decatur Civic Center,
Human Resources Conference Roo, Second Floor, 1 Civic Center Plaza, Decatur.
Calendar Code
A-C
Administrative Citation
A-E
Air Enforcement
A-S
Adjusted Standard
A-V
Air Variance
CSO
Combined Sewer
L-E
Land Enforcement
Overflow Exception
L-S-R
Landfill Siting Review
L-V
Land Variance
N-E
Noise Enforcement
N-V
Noise Variance
P-A
Permit Appeal
PWS-E
Public Water Supply Enforcement
PWS-V
Public Water Supply Variance
R
Regulatory Proceeding
S0
2
S0
2
Alternative Standards
SWH-E
Special Waste Hauling Enforcement
SWH-V
Special Waste Hauling Variance
T
Thermal Demonstration Rule
(35 ILL. ADM. CODE 302.211(F)
T-C
Tax Certifications
T-S
Trade Secrets
W-E
Water Enforcement
W-V
Water Variance
WWS
Water-Well Setback Exception
UST-E
Underground Storage Tank Enforcement
UST-FRD
Underground Storage Tank Fund Reimbursement Determination
Printed by Authority of the State of Illinois, March 25, 1992, 2,000 copies, order #57701.
Environmental Register No. 448
March 25, 1992/Page 7
Illinois Pollution Control Board
State of Illinois Center, 11-500
100 West Randolph Street
Chicago, Illinois 60601
(312) 814-3620
Address Correction Requested.
Bulk Rate
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PAID
Chicago, IL
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