1. No. 485 August, 1994
  1. WATERWAYS CRUISE AND ENVIRONMENTAL WORKSHOP

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Illinois Pollution Control Board News
No. 485
August, 1994
BOARD PROPOSES UST RULES FOR SECOND NOTICE, R94-2(A)
On August 11, 1994, the Board proposed regulations for underground storage tank remedial actions for Second Notice
review by the Joint Committee on Administrative Rules (JCAR) under docket number R94-2(A). The proposed rules would
implement the extensive amendments to the LUST program adopted in P.A. 88-496.
(Issues 475, Oct. 6, 1993; 481, Apr.,
1994 & 482, June, 1994.)
They would establish requirements for LUST remediation and reimbursement. The proposal
includes provisions applicable to remediation of LUST sites, administration of the state's LUST reimbursement fund,
reimbursement from the fund for costs of investigation and remediation, and for the audit of corrective action efforts. The
Board is required by P.A. 88-496 to adopt final rules for the administration of Illinois LUST program by September 15, 1994.
The Agency, pursuant to the mandate of P.A. 88-496, developed its regulatory proposal in conjunction with the Underground
Storage Tank Advisory Committee and filed it with the Board on March 15, 1994. The Board adopted a proposal for First
Notice publication in the
Illinois Register
on March 17, 1994. The Board conducted five public hearings, concluding on June
8, 1994. At the hearings, the Illinois EPA (Agency) and other participants, including the UST Advisory Committee, the
Illinois Environmental Regulatory Group (IERG), the Illinois Petroleum Marketers Association, the Illinois Petroleum Council,
and the Illinois Department of Transportation, offered testimony on the Agency proposal. The Board adopted an interim
opinion and order on August 1, to allow additional public comments before adopting a proposal for JCAR review.
Simultaneously to adopting the proposal on August 11, in response to the requests of several participants and a formal motion
by IERG to sever the docket, the Board created a separate sub-docket B to consider generic clean-up objectives and alternative
methodologies for determining objectives. Direct questions to Musette Vogel, at 217-524-8509. Please refer to docket R94-2.
APPELLATE UPDATE
APPELLATE UPDATE
SECOND DISTRICT AFFIRMS THAT SPILLAGE FROM NOZZLE
IS NOT A RELEASE FROM A UST
In a July 22, 1994 opinion, the Second District Appellate Court
(case number 2-93-0142) affirmed the Board's decision in
Harlem
Township v. EPA
(Oct. 16, 1992), No. PCB 92-83. The court
affirmed the Board's determination that a release of gasoline from a
dispensing nozzle was not a reimbursable release of petroleum
from an underground storage tank system.
On April 21, 1991, the appellant discovered that gasoline had
spilled from a pump connected to an underground storage tank at
its facility. The appellant paid $68,367.24 to clean up the fuel spill
and sought reimbursement from the Illinois EPA (Agency) pursuant
to Section 22.18 of the Act.
(Editor's note: Section 57.8 and 57.9
have replaced Sections 22.18 through 22.18c of the Act.)
The
Agency denied reimbursement on the basis that the fuel dispensing
nozzle was not part of an underground storage tank system within
the meaning of the statute.
(See Section 22.18(e)(1)(A), 35 Ill. Adm.
Code 731.112, 42 U.S.C. ยง6991(1) & 40 CFR 280.12.)
The appellant appealed the Agency's decision before the Board,
arguing that a release from an aboveground nozzle was a release
from an underground storage tank. The Board disagreed and
affirmed the Agency's denial in an opinion and order dated October
16, 1992. The appellant obtained review from the Second District,
which affirmed the Board's determination on July 22, 1994. The
court stated, "We believe the Board's interpretation is a reasonable
one, consistent with the purpose of the statute." It concluded that a
spill from a gasoline pump is not a release from an underground
storage tank.
FIRST DISTRICT AFFIRMS ROBBINS INCINERATOR DECISION
The First District Appellate Court, in
Daly v. PCB
(June 30, 1994),
No. 1-93-2671, affirmed the Board's decision in
Eugene Daly et al.
v. Village of Robbins et al.
(July 1, 1993), PCB 93-52.
(Editor's
note: the appellants filed a motion for reconsideration with the First
District on July 20, 1994.)
In that regional pollution control facility
local siting approval appeal, involving a solid waste incinerator and
recycling plant proposed for the Village of Robbins, the Board had
determined that the procedures used by the Village were
fundamentally fair and the record supports the Village's conclusion
that the proposed plant location met the flood-proof requirement of
the Act.
The Robbins Resource Recovery Company filed an application
for local siting approval for a proposed solid waste incinerator and
recycling plant with the Village of Robbins. The Village scheduled a
WATERWAYS CRUISE AND ENVIRONMENTAL WORKSHOP SCHEDULED
Eileen Johnston has scheduled her annual waterways cruise and environmental workshop for October 1, 1994.
A full announcement appears toward the end of this issue.

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Environmental Register No. 485
Environmental Register No. 485
public hearing for 6:30 p.m. on December 22, 1992. A rally in favor
of the proposed facility occurred at 6:00 p.m. at the hearing location,
and the proponents distributed hats, buttons, and literature in favor
of the proposed facility. The hearing commenced upon the arrival of
the hearing officer at 6:40 p.m. The hearing officer set forth
procedures for the conduct of the hearing, but he deviated from
them by allowing opponents to the proposed facility to speak first.
He allowed each person wishing to make a statement into the
record five minutes to speak. For those wishing to continue their
statements, a second court reporter was available in another room
to take the additional statements beyond the five minutes allowed to
each person. After the statements in opposition, Robbins Resource
Recovery offered expert testimony to demonstrate that the facility
met the statutory requirements for siting suitability. The hearing
officer allowed cross-examination of the experts until 11:30 p.m.,
when he offered to recess until the next day. Since no opponent of
the facility requested the recess, the hearing continued until it
concluded at 2:30 a.m.
The Village of Robbins board approved the siting on February 2,
1993. Several of the opponents appealed that decision to the
Board, arguing that the procedures employed by the Village were
fundamentally unfair and that the plant location failed to meet the
statutory criterion that requires the facility to either be located
outside a 100-year floodplain or be flood-proofed. The Board
upheld the Village's decision in a decision dated July 1, 1993. The
Board held that the opponents failed to prove that the procedures
used by the Village were fundamentally unfair and failed to show
that the decision on the flood-proof criterion was against the
manifest weight of the evidence. The opponents appealed the
decision to the First District Appellate Court.
The First District found that the record supported the Board's
conclusion that the rally was not part of the public hearing, and it did
not support a conclusion that the village board members
participated in the rally. The court found also that although one
opponent stated that she made no statement against the proposed
facility due to a threat received at the hearing and others did not
attend due to the rally, every person that submitted a form to testify
did do so. The court further found that the record did not support a
conclusion that the hearing officer's statement that interested
persons could submit a "sworn statement" for the record after
hearing chilled the post-hearing public comment on the proposed
facility. Finally, the court noted that the procedures were not unfair
due to the late hour of the hearing and the five minute limitation. It
observed that the limitation was imposed on both opponents and
proponents, and the Village made the second reporter available for
longer statements. Further, no opponent responded to the hearing
officer's offer to recess until the next day. The First District held that
the Board's conclusion that the procedures were fundamentally fair
was not against the manifest weight of the evidence. It stated:
"There is nothing in the record to suggest that the opponents were
denied the right to be heard at the hearing that followed the rally,
prohibited from cross[-]examining proponents, or that the rulings on
the evidence were anything less than impartial."
Finally, the First District deferred to the Board's decision that the
Village satisfied the statutory flood-proof criterion. The court found
that the "precondition of flood-proofing emerge[d] from the record
and the language referring to it in the [village board's] ordinance."
The court noted that the Village had taken detailed evidence on this
criterion, for which "there would be little point . . . if the Village did
not intend it as a precondition.
RULE
RULEMAKING UPDATE
MAKING UPDATE
STEEL AND FOUNDRY LANDFILL AMENDMENTS ADOPTED,
R90-26(A)
On July 21, 1994, the Board adopted amendments to the landfill
regulations. This parent rulemaking, now docketed as R90-26(A),
establishes a set of landfill regulations specific to certain wastes
generated by the steel and foundry industries. One segment of the
rulemaking, subdocket B, will augment the parent amendments
when ultimately adopted. (
See issues 475, Oct. 6, 1993; 478, Jan.
1, 1994; 481, Apr., 1994; 482, May, 1994 & 484, July, 1994.
) The
proponents of the amendments are members of the industries that
generate the wastes at issue.
After receiving an amended proposal for rulemaking on
September 23, 1993, the Board proposed the parent amendments
for a second First Notice publication in the
Illinois Register
without
substantive review. (
Issue 475, Oct. 6, 1993.
) The Board inserted
terms in the text of the proposed amendments for later definition,
believing that addition of the definitions would be necessary for
understanding and implementing the proposed amendments, if
adopted. On December 2, 1993, in response to indications by
JCAR staff that it was possible that two related segments of the
regulations were incomplete, the Board proposed corrections to the
second First Notice. (
Issue 478, Jan., 1994.
) On April 21, 1994, the
Board proposed the parent amendments to the Illinois landfill
regulations for Second Notice review by the Joint Committee on
Administrative Rules (JCAR).
The Board opened subdocket B in response to requests by the
proponents of the steel and foundry waste landfill amendments, the
Illinois Steel Group and the Illinois Cast Metal Association. On
March 31, 1994, the Board proposed the subdocket B amendments
for First Notice publication in the
Illinois Register
. The Board
proposed the subdocket B amendments for Second Notice review
by JCAR on June 23, 1994. The subdocket B amendments, when
independently adopted, will add a new provision to the proposed
rules relating to facility location. Direct questions to Kathleen M.
Crowley, at 312-814-6929. Please refer to docket R90-26.
(Editor's note: JCAR approved these rules at its meeting of
August 16, 1994. The Board has placed them on the September 1,
1994 meeting agenda for adoption.)
DRINKING WATER UPDATE ADOPTED, R94-4
On July 21, 1994, the Board adopted amendments to the Illinois
drinking water regulations that are identical in substance to
amendments adopted by U.S. EPA pursuant to the federal Safe
Drinking Water Act (SDWA). The SDWA update period covered is
from July 1 through December 31, 1994. During that period, U.S.
EPA amended its regulations to add two new methods for analyzing
total trihalomethanes (TTHMs) in drinking water.
In addition to the new TTHM methods and in response to a
request from the Illinois EPA (Agency), the Board included a

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number of corrections to the Phase II amendments originally
adopted by the Board on November 3, 1992, in R91-3. The Agency
asserted that the Phase II corrections were necessary to ensure a
grant of state primacy upon review by U.S. EPA.
The Board proposed the amendments on May 5, 1994. A Notice
of Proposed Amendments appeared in the
Illinois Register
on May
20, 1994. The Board acted to immediately adopt the amendments
at the conclusion of the 45-day public comment period. Direct
questions to Michael J. McCambridge, at 312-814-6924. Please
refer to docket R94-4.
VEHICLE INSPECTION AND MAINTENANCE PROPOSAL
FILED, AMENDMENTS PROPOSED, R94-19 & R94-20
On July 20, 1994, the Illinois Environmental Protection Agency
(Agency) filed two new proposals for Clean Air Act (CAA)
rulemaking. The two proposals deal with amendments intended to
help implement an enhanced vehicle inspection and maintenance
(I/M) program in certain areas in Illinois. One proposal was filed
pursuant to the "fast-track" procedures of Section 28.5 of the Act;
the other was filed under the identical-in-substance procedures of
Sections 7.2 and 28.4.
Section 182(b) and (c) of the CAA, as amended in 1990, requires
the use of "inspection and maintenance" (I/M) programs in areas not
meeting the national ambient air quality standards (NAAQS) for
ozone and/or carbon monoxide. The CAA specifies the use of
"basic" I/M programs in "moderate" nonattainment areas and
"marginal" nonattainment areas with existing I/M programs. It
requires the use of "enhanced" I/M programs in "serious", "severe",
and "extreme" ozone nonattainment areas with urbanized
populations of 200,000 or more. In Illinois, the Chicago and Metro-
East St. Louis (Metro-East) areas are classified as "severe" and
"moderate" nonattainment for ozone, respectively, and as such are
subject to the I/M requirement.
The General Assembly enacted the Vehicle Emissions Inspection
Law (625 ILCS 5/13B) effective January 18, 1994. (P.A. 88-533.)
That statute provides authority for the Agency to implement an
enhanced I/M program and meet the United States Environmental
Protection Agency's (U.S. EPA's) requirements for such a program.
P.A. 88-533 mandates enhanced I/M testing for the Metro-East
area and certain portions of the Chicago nonattainment area.
Section 13B-20 mandates that the Agency propose and the Board
adopt implementing regulations using identical-in-substance
procedures.
The Agency proposed codified U.S. EPA emissions standards
concerning evaporative system pressure and purge testing for the
enhanced I/M program by identical-in-substance procedures under
Section 28.4 of the Act, which the Board docketed as R94-20.
However, major portions of the federal enhanced I/M scheme are
not codified in federal regulations, but exist only as federal
guidance. Since Section 7.2 of the Act defines "identical-in-
substance" rulemaking and establishes conditions for its use,
allowing the Board only to adopt federal rules using this mechanism,
the Agency filed a separate proposal pursuant to the fast-track
procedure of Section 28.5 to deal with proposed regulations largely
based on federal guidance documents.
The R94-19 rulemaking was filed pursuant to the "fast-track"
rulemaking provisions of Section 28.5 of the Environmental
Protection Act. As previously reported for earlier-filed CAAA pro-
ceedings, (
See Environmental Register issues 461 (Dec. 2, 1992),
462 (Dec. 16, 1992), 465 (Feb. 24, 1993), 467 (Mar. 24, 1993), 468
(Apr. 7, 1993), 478 (Jan., 1994) & 482 (May, 1994).
), 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.
The statute requires the Board to schedule three hearing dates in
this matter, each for a prescribed purpose. The first day of hearing
is reserved for presentation by the Agency and questions of Agency
witnesses. The second scheduled day of hearing, if it occurs, is
reserved for presentation by affected entities and all other interested
persons. The third scheduled day of hearing, if it occurs, is
reserved for any Agency response and responses of other parties.
The hearings will be continued from day to day, as necessary, until
all business is completed. However, the second and third hearing
dates are subject to cancellation if the level of public interest and
participation so warrant. The Hearings are scheduled to occur as
follows:
James R. Thompson Center
100 West Randolph Street
Chicago, Illinois
10:15 a.m., Thursday, September 8, 1994
Room 8-031
10:00 a.m., Friday, October 7, 1994
Room 9-040
10:00 a.m., Friday, October 21, 1994
Room 9-040
The Board will conduct a public hearing in the R91-20 identical-
in-substance proceeding to comply with federal requirements. That
hearing is scheduled to occur as follows:
James R. Thompson Center
100 West Randolph Street
Chicago, Illinois
10:00 a.m., Thursday, September 8, 1994
Room 8-031
Direct questions to Michael J. McCambridge, at 312-814-6924.
BOARD DENIES EMERGENCY AMENDMENTS TO
HAZARDOUS WASTE EXCLUSION, ORDERS COMMENTS
SUBMITTED, R94-18
On July 1, 1994, Burlington Environmental Inc. filed a petition for
rulemaking with the Board. Burlington 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 amendments sought by Burlington would follow the federal
lead in expanding the amount of hazardous waste used for
treatability studies that is not subject to regulation as a hazardous

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waste. Burlington stated that it would suffer a competitive
disadvantage if the Board did not immediately adopt the substance
of the federal amendments. The Board declined to find that an
emergency existed as would justify an emergency amendment. It
noted that the Board intended to proceed to propose the
amendments sought using identical-in-substance
rulemaking procedures on August 11, 1994, under docket number
R94-17. The Board estimated that it could conclude that
proceeding by January 5, 1995 and ordered Burlington to comment
on the relationship between its proposal and the imminent identical-
in-substance proposal when that is released to the public. Direct all
questions to Michael J. McCambridge, at 312-814-6924, or Diane F.
O'Neill, at 312-814-6062.
FOR YOUR INFORMATION
RESTRICTED STATUS AND CRITICAL REVIEW
LISTS FOR SEWAGE TREATMENT IN THIS ISSUE
The Illinois Environmental Protection Agency, Division
of Water Pollution Control, is publishing copies of the
Division's Restricted Status and Critical Review lists at the
end of this issue of the Environmental Register. These lists
reflect the status as of June 30, 1994.
GOVERNOR SIGNS EXEMPTION FOR LANDSCAPE
WASTE TRANSFER STATIONS FROM REGIONAL
POLLUTION CONTROL FACILITY SITING
APPROVAL LAW
Governor Edgar signed Public Act 88-557 (formerly S.B.
1138; sponsored by Mahar and Novak) into law on
Wednesday, July 27, 1994. This act amends the "S.B. 172"
local siting approval procedure for regional pollution control
facilities contained in Section 39.2 of the Environmental
Protection Act (415 ILCS 100/39.2) to exempt certain waste
transfer stations from the requirement for local siting
approval before obtaining a permit from the Illinois EPA.
Now excluded from the siting approval requirement are
those waste transfer stations that exclusively handle
landscape waste, such as leaves, grass, and twigs. In order
to address potential odor problems, the bill contains a caveat
that no single load of landscape waste may be kept at such a
facility for longer than 24 hours. In place of going through
the S.B. 172 local siting approval procedure, such facilities
would instead require only local zoning approval. The
amendments apply statewide. The amendments were
effective on the date the Governor signed them, July 27,
1994. The anticipated result of these amendments is that it
will now be easier to site landscape waste transfer facilities
than it was when these proposed facilities were required to
go through the more rigorous S.B. 172 siting process.
FINAL ACTIONS
FINAL ACTIONS - July 21, 1994 BOARD MEETING
- July 21, 1994 BOARD MEETING
91-86
Raymond D. Moore and Mary A. Moore v.
IEPA - The Board granted voluntary
withdrawal of this underground storage tank
reimbursement appeal involving a Cook
County facility, since the petitioner
acknowledged receipt of $9,500.00, as agreed
in the joint stipulation and settlement
agreement filed May 18, 1994.
92-212
Pekin Metro Landfill v. IEPA - The Board
granted voluntary withdrawal of this land
permit appeal involving a Tazewell County

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facility, upon the petitioner's request and
representation that the parties have entered
into a consent order that resolves the issues.
93-1
Pekin Metro Landfill v. IEPA - The Board
granted voluntary withdrawal of this land
permit appeal involving a Tazewell County
facility, upon the petitioner's request and
representation that the parties have entered
into a consent order that resolves the issues.
93-204
Mark and Jeanne Doruff, William and Marla
Bolen, Ralph Nuzzo, Roman and Geri Maluk,
Jagvir and Arivijaya Singh, Aurelio and Nellie
Reyes, and Dan Rodriguez v. Bloomingdale
Elementary School District 13 and FGM, Inc.
- The Board accepted a stipulation and
settlement agreement and dismissed this
citizens noise enforcement action against a
DuPage County facility.
94-58
City of Geneva v. Waste Management of
Illinois, and County Board, County of Kane,
State of Illinois - The Board affirmed the local
approval of a proposed Kane County regional
pollution control facility (landfill expansion).
94-82
H.C.T.K., Inc. v. IEPA - The Board granted
voluntary withdrawal of this underground
storage tank reimbursement appeal involving a
Marion County facility, upon the petitioner's
request and representation that the parties have
entered into a stipulation and settlement
agreement that resolves the issues.
94-92
USA Waste Services, Inc. (Countryside
Landfill) v. IEPA - The Board granted this
Lake County landfill facility a six-month
variance from the regulatory deadline for
filing its application for significant permit
modification.
94-147
Capital Asset Corporation and Industrial
Investors Limited Partnership v. IEPA - The
Board granted voluntary withdrawal of this
underground storage tank reimbursement
appeal involving a Winnebago County facility.
94-153
Waste Management of Illinois, Inc. v. IEPA -
The Board granted the petitioner's motion for
summary judgment, deeming its supplemental
permit application for its Christian County
facility complete and remanding it to the
Agency for technical review.
94-173
People of the State of Illinois v. Health O
Meter Products, Inc. - 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 $12,000.00, and ordered it to cease
and desist from further violation.
94-196
Marathon Oil Company v. IEPA - Upon
receipt of an Agency recommendation, the
Board granted the petitioner's Crawford
County facility a 25-day provisional variance
from certain of the carbon monoxide emissions
limitations.
94-197
Twice Over Clean, Inc. v. IEPA - Upon
receipt of an Agency recommendation, the
Board granted this Peoria County facility a 30-
day provisional variance from the 90-day
limitation on accumulation of hazardous
waste.
AC 94-21
IEPA v. Dennis W. Gaebel - The Board
accepted an agreed order, found that the
respondent had violated Section 21(p)(1) of the
Act at its Adams County facility, and ordered
the him to pay a civil penalty of $500.00.
AC 94-33
Will County v. Beecher Development Landfill
- The Board entered a default order, finding
that the respondent had violated Section
21(o)(12) of the Act at its Will County facility
and ordering the it to pay a civil penalty of
$500.00.
AC 94-34
IEPA v. City of Freeport - The Board entered
a default order, finding that the respondent had
violated Section 21(o)(5) of the Act at its
Stephenson County facility and ordering the it
to pay a civil penalty of $500.00.
R90-26(B)In the Matter of: Steel and Foundry Industry
Amendments to the Landfill Regulations (35
Ill. Adm. Code 810 through 815 and 817) -
Board Member E. Dunham abstained.
See
Rulemaking Update.
R94-4
Safe Drinking Water Act, Update U.S. EPA
Regulations (July 1, 1993 through December
31, 1993) -
See Rulemaking Update.

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NEW CASES
NEW CASES - July 21, 1994 BOARD MEET
- July 21, 1994 BOARD MEETING
ING
94-160
BTL Specialty Resins Corporation v. IEPA -
The Board accepted an amended petition in
this RCRA permit appeal involving a Cook
County facility and set it for hearing.
94-163
Richard E. Gaunt, Sr. v. IEPA - The Board
accepted an amended petition in this
underground storage tank reimbursement
appeal involving a Tazewell County facility
and set it for hearing.
94-177
Burlington Environmental, Inc. v. IEPA - The
Board accepted an amended petition in this
RCRA land variance proceeding involving a
Monroe County facility and set it for hearing.
94-178
Herrin Security Bank v. Shell Oil Company -
The Board held this citizen's land enforcement
action involving a Williamson County facility.
94-190
People of the State of Illinois v. Best Foam
Fabricators - Upon receipt of proposed
stipulation and settlement agreement and an
agreed motion to request relief from the
hearing requirement in this Emergency
Planning and Community Right-to-Know Act
(EPCRA) enforcement action against a Cook
County facility, the Board ordered publication
of the required newspaper notice.
94-191
Arco Products Company, a division of
Atlantic Richfield Company v. IEPA - The
Board accepted this NPDES permit appeal
involving a facility in Cook County and set it
for hearing.
94-192
Christ Episcopal Church v. Office of the State
Fire Marshal - The Board accepted this
underground storage tank reimbursement
appeal involving a facility in Lake County and
set it for hearing.
94-193
First Colonial Bank-Rosemont v. IEPA - The
Board accepted this underground storage tank
appeal involving a facility in Cook County and
set it for hearing.
94-194
Freeman Unit Coal Mining Company v. IEPA
- The Board held this NPDES water variance
involving a facility in Jefferson County for an
Agency recommendation.
94-195
Land and Lakes Co., JMC Operations, Inc.,
and NBD Trust Company of Illinois as Trustee
Under Trust No. 2624 EG v. Village of
Romeoville - The Board accepted this appeal
of a local siting denial for the proposed
expansion of a Will County regional pollution
control facility (landfill) and set it for hearing.
94-196
Marathon Oil Company v. IEPA -
See Final
Actions.
94-197
Twice Over Clean, Inc. v. IEPA -
See Final
Actions.
AS 94-12
In the Matter of: Petition of Waste
Management of Illinois, Inc. for an Adjusted
Standard from 35 Ill. Adm. Code Sections
807.665(b) and 811.714(b) - The Board held
this petition for an adjusted standard from
certain of the landfill financial responsibility
requirements, pending receipt of proof of
publication.
AS 94-13
In the Matter of: Petition of Browning-Ferris
Industries of Illinois, Inc.; Browning-Ferris
Industries of Iowa, Inc.; and, BFI Modern
Landfill, Inc. for an Adjusted Standard from
35 Ill. Adm. Code 811.714(b) - The Board
held this petition for an adjusted standard from
certain of the landfill financial responsibility
requirements, pending receipt of proof of
publication.
R94-17
In the Matter of: RCRA Subtitle C Update,
USEPA Regulations (January 1, 1994 through
June 30, 1994) -
See Rulemaking Update.
R94-18
In the Matter of: Revisions of Treatability
Testing Exclusion Limits: Amendment to 35
Ill. Adm. Code Sections 721.104(f)(e), (4) and
(5) -
See Rulemaking Update.
R94-19
In the Matter Of: Enhanced Vehicle
Inspection and Maintenance (I/M) Regulations
Amendments 35 Ill. Adm. Code 240 (Rule-
making) -
See Rulemaking Update.
R94-20
In the Matter Of: Enhanced Vehicle
Inspection and Maintenance (I/M) Regulations
Amendments 35 Ill. Adm. Code 240
(Identical-in-Substance) -
See Rulemaking
Update.

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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.
August 3
9:30 a.m.
R 93-29
R, Land
In the Matter of: Regulation of Landscape Waste Compost Facilities, 35 Ill. Adm.
Code 830-832 - James R. Thompson Center, Room 9-031, 100 West Randolph Street,
Chicago.
August 4
10:30 a.m.
R 94-16
R, Air
In the Matter of: 5% ROP Plan Control Measures for VOM Emissions--Part III: Air
Oxidation and Organic Emissions from Storage and Loading Operations: Amendments
to 35 Ill. Adm. Code 211, 218 & 219 - James R. Thompson Center, Room 9-040, 100
West Randolph Street, Chicago.
August 9
11:00 a.m.
R 94-15
R, Air
In the Matter of: 5% ROP Plan Control Measures for VOM Emissions--Part II:
Marine Vessel Loading: Amendments to 35 Ill. Adm. Code 211, 218 & 219 -
Department of Transportation Classroom, 1100 East Port Plaza Drive, Collinsville.
August 11
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
August 18
10:00 a.m.
PCB 94-43
P-A, Open
Burning
American Tree Service, Inc. v. EPA - Sangamon County Board Chambers, Room 201,
200 South Ninth Street, Springfield.
August 22
9:30 a.m.
PCB 94-80
UST-FRD
Gunite Corporation v. EPA - Winnebago County Courthouse, County Boardroom, 400
West State Street, Rockford.
August 23
10:00 a.m.
R 94-11
R, Air
In the Matter of: Procedural Rules Revision: Appeals from Office of State Fire
Marshall Determinations, 35 Ill. Adm. Code 107 - Illinois Medical Society Building,
600 South Second Street, Third Floor, Springfield.
August 25
9:30 a.m.
AC 94-20
AC
County of DuPage v. Waste Management of Illinois (Green Valley Landfill) - DuPage
County Administration Building, Room 2700-A, 421 North County Farm Road,
Wheaton.
August 25
10:00 a.m.
PCB 94-25
WWSE
Shell Oil Company v. EPA - DuPage County Courthouse, Court Room 2001, 505
North County Farm Road, Wheaton.
August 26
10:00 a.m.
AS 94-10
HW Delist
In the Matter of: Petition of Envirite Corporation for Revised Adjusted Standard from
35 Ill. Adm. Code 721.Subpart D - Harvey City Hall, Council Chambers, 15320
Broadway, Harvey.
August 26
9:00 a.m.
PCB 94-25
WWSE
Shell Oil Company v. EPA - DuPage County Courthouse, Court Room 2001, 505
North County Farm Road, Wheaton.
August 29
10:00 a.m.
PCB 94-128
P-A, RCRA
National Coatings, Inc. v. EPA - Knox County Courthouse, Conference Room, 200
South Cherry Street, Galesburg.
August 29
10:00 a.m.
PCB 93-248
L-E
People of the State of Illinois v. John Prior and Industrial Salvage, Inc. - Centralia City
Hall, Council Chambers, 222 South Poplar Street, Centralia.
August 30
10:00 a.m.
PCB 93-248
L-E
People of the State of Illinois v. John Prior and Industrial Salvage, Inc. - Centralia City
Hall, Council Chambers, 222 South Poplar Street, Centralia.

Page
Page 8
8/ August, 1994
/ August, 1994
Environmental Register No. 485
Environmental Register No. 485
September 1
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
September 2
10:00 a.m.
PCB 94-179
L-S-R
Solvent Systems International v. Village fo Hampshire - Hampshire Village Hall,
Samuel Rowell Meeting Room, 234 South State Street, Hampshire.
September 7
10:00 a.m.
PCB 93-196
A-V
TRW, Inc. v. EPA - Clark County Courthouse, County Board Room, Marshall.
September 8
10:15 a.m.
R94-19
R, Air
In the Matter of: Enhanced Vehicle Inspection and Maintenance (I/M) Regulations, 35
Ill. Adm. Code 240 (fast-track) - James R. Thompson Center, 100 West Randolph
Street, Room 8-031, Chicago.
September 8
10:00 a.m.
R94-20
R, Air
In the Matter of: Enhanced Vehicle Inspection and Maintenance (I/M) Regulations, 35
Ill. Adm. Code 240 (identical-in-substance) - James R. Thompson Center, 100 West
Randolph Street, Room 8-031, Chicago.
September 9
9:00 a.m.
AC 94-28
AC
Sangamon County v. ESG Watts, Inc. (Springfield Twp./Sangamon Valley Landfill) -
Illinois Pollution Control Board, Suite 402, 600 South Second Street, Springfield.
September 9
12:00 p.m.
AC 94-29
AC
Sangamon County v. ESG Watts, Inc. (Springfield Twp./Sangamon Valley Landfill) -
Illinois Pollution Control Board, Suite 402, 600 South Second Street, Springfield.
September 12
9:00 a.m.
PCB 94-176
P-A, Land
ESG Watts, Inc. (Sangamon Valley Landfill) v. EPA - Springfield Municipal Building,
City Council Chambers, Third Floor, 7th and Monroe Streets, Springfield.
September 14
10:00 a.m.
PCB 94-177
L-V, RCRA
Burlington Environmental, Inc. v. EPA - Columbia City Hall, City Council Chambers,
208 Rapp Street, Columbia.
September 15
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
September 16
10:00 a.m.
PCB 94-195
L-S-R
Land and Lakes Co., 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.
September 19
10:00 a.m.
PCB 94-192
UST-FRD
Christ Episcopal Church v. Office of the State Fire Marshall - Waukegan City Hall,
Upstairs Conference Room, 106 North Utica, Waukegan.
September 22
10:00 a.m.
PCB 94-159
UST-FRD
Grimm's Diversified Services Corp. v. EPA - Public Library District, 315 West
Pershing Street, Morton.
September 30
10:00 a.m.
PCB 94-150
A&N-E,
Citizens
Angela M. White v. Terry & Billie Van Tine & Schneider Transport, Inc. - City
Council Chambers, 211 North Hamilton, Monticello.
October 4
1:00 p.m.
AC 94-8
AC
EPA v. Atkinson Landfill Company (Henry County Landfill #2) - E.M.A. office,
Henry County Jail, Cambridge.
October 6
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
October 7
10:00 a.m.
R94-19
R, Air
In the Matter of: Enhanced Vehicle Inspection and Maintenance (I/M) Regulations, 35
Ill. Adm. Code 240 (fast-track) - James R. Thompson Center, 100 West Randolph
Street, Room 9-040, Chicago.

Environmental Register No. 485
Environmental Register No. 485
August, 1994/Page
August, 1994/Page 9
9
October 12
9:00 a.m.
PCB 94-127
L-E
People of the State of Illinois v. James Lee Watts, individually and d/b/a Watts
Trucking Service, Inc., and ESG Watts, Inc. - Illinois Pollution Control Board, Suite
402, 600 South Second Street, Springfield.
October 14
9:30 a.m.
AS 94-11
Land
In the Matter of: Petition of Winnebago Reclamation Service, Inc. for an Adjusted
Standard from 35 Ill. Adm. Code 811.710(c) and 811.713(c)(1) - County Boardroom,
400 West State Street, Rockford.
October 20
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
October 21
10:00 a.m.
R94-19
R, Air
In the Matter of: Enhanced Vehicle Inspection and Maintenance (I/M) Regulations, 35
Ill. Adm. Code 240 (fast-track) - James R. Thompson Center, 100 West Randolph
Street, Room 9-040, Chicago.
October 25
1:00 p.m.
PCB 94-146
N-E, Citizens
Dorothy L. Hoffman v. City of Columbia - Columbia City Hall, City Council Room,
208 South Rapp, Columbia.
October 28
10:00 a.m.
PCB 94-26
P-A, Air
Marathon Oil Company v. EPA - Robinson Library, 606 North Jefferson, Robinson.
October 28
10:00 a.m.
PCB 94-27
A-V
Marathon Oil Company v. EPA - Robinson Library, 606 North Jefferson, Robinson.
November 3
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
December 1
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
December 12
10:00 a.m.
PCB 94-191
P-A, NPDES
Arco Products Company, a Division of Atlantic Richfield Company v. EPA - James R.
Thompson Center, Suite 11-500, 100 West Randolph Street, Chicago.
December 15
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
January 12
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
February 16
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
March 16
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
April 20
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
May 18
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
June 15
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
Calendar Codes
3d P
Third Party Action
A-CAdministrative Citation

Page
Page 10
10/ August, 1994
/ August, 1994
Environmental Register No. 485
Environmental Register No. 485
A-E
Air Enforcement
A&N-EAir and Noise Enforcement
A-S
Adjusted Standard
A-VAir Variance
CSO
Combined Sewer Overflow Exception
EPCRA-EEmergency Planning and Community Right to
Know Act Enforcement
GW
Groundwater
HW DelistRCRA Hazardous Waste Delisting
L-E
Land Enforcement
L-S-RLandfill Siting Review
L-V
Land Variance
N-ENoise Enforcement
N-V
Noise Variance
P-APermit Appeal
PWS-E
Public Water Supply Enforcement
PWS-VPublic Water Supply Variance
R
Regulatory Proceeding
RCRAResource Conservation and Recovery Act proceeding
(hazardous waste only)
RCRA-E
RCRA Enforcement
RCRA-VRCRA Variance
S0
2
S0
2
Alternative Standards (35 ILL. ADM.
CODE 302.211(f)))
SWH-ESpecial Waste Hauling Enforcement
SWH-V
Special Waste Hauling Variance
TThermal Demonstration Rule
T-C
Tax Certifications
T-STrade Secrets
UST-E
Underground Storage Tank Enforcement
UST-FRDUnderground Storage Tank Fund Reimbursement
Determination
W-E
Water Enforcement
W-VWater Variance
WWSE
Water-Well Setback Exception

Environmental Register No. 485
Environmental Register No. 485
August, 1994/Page
August, 1994/Page 11
11
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
DIVISION OF WATER POLLUTION CONTROL
RESTRICTED STATUS LIST
In order to comply with 35 Illinois Administrative Code Section 306.401 Illinois Pollution Control Board
Regulations, the Illinois EPA has prepared the following list of
facilities which are on Re
stricted Status.
Restricted Status is defined as the Agency determination that a sewer or lift station has reached
hydraulic capacity or that a sewage treatment plant has reached design capacity, such that additional sewer
connection permits may no longer be issued without causing a violation of the Act or Regulations. Please
note that the list is continually being revised to reflect the current situation. Therefore, if you have
any questions on the capability of a treatment facility or transport system, please contact this Agency for
a final determination. This listing reflects the status as of June 30, 1994.
Facility names followed by an asterisk (*) indicates that construction is underway to ultimately alleviate
problems which resulted in imposition of Restricted Status. Facilities followed by a double asterisk (**)
are additions to the list.
REMAINING
FACILITY NAME
RESPONSIBLE AUTHORITY
COUNTY
CAPACITY
Bourbonnais (Belle Aire Subd.)
Village of Bourbonnais Kankakee
0
Camelot Utilities - Wastewater
Camelot Utilities
Will
0
Collection System
Camp Point (a portion mh 60-68)
Village of Camp Point
Adams
0
Candlewick Lake STP
Consumer Ill. Water Co.
Boone
0
Canton - S.S. Surcharging
City of Canton
Fulton
0
New Salem, 4th Ave.,
Sycamore, Sycamore Terr.,
Main Street
Chapin (North and South Main
Village of Chapin
Morgan
0
Terminal L.S.)
Clearview S.D.
Clearview S.D.
McLean
0
DeKalb-NW 8" Submain
City of DeKalb
DeKalb
0
East Alton STP
City of East Alton
Madison
0
Elmwood
City of Elmwood
Peoria
0
Farmington
City of Farmington
Fulton
0
Galesburg - S.S. Surcharging
City of Galesburg
Knox
0
all sewers tributary to
north side at intersections
of San Born & West Sts;
Dayton & Monroe Sts**
Highview Estates
Highview Water Co.
Tazewell
0
Lake Zurich - Knollwood,
Village of Lake Zurich
Lake
0
Minonski, Main Ls's**
Maple Lawn Homes STP
Maple Lawn Homes
Woodford
0
Riverton (Sewer System-Partial)
Village of Riverton
Sangamon
0
Stockton STP
Village of Stoc kton
JoDaviess
0
Taylorville Shawnee Ave. Pump
City of Taylorville
Christian
0
Station
Utilities Unlimited
Utilities Unlimited
Will
0
Virden (Sewer System-Partial)
Virden S.D.
Macoupin
0
Washington ( Devonshire Estates)
City of Washington
Tazewell
0
Washington (Rolling Meadows)
City of Washington
Tazewell
0
Watseka STP
City of Watseka
Iroquois
0
Deletions from previous Quarterly Report
: Lake Zurich NW & SE STP's
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
DIVISION OF WATER POLLUTION CONTROL
CRITICAL REVIEW LIST
In order to comply with 35 Illinois Administrative Code Section 306.401, Illinois Pollution Control Board
Regulations, the Illinois Environmental Protection Agency has prepared the following list of facilities
which are on Critical Review. Critical Review as defined as the Agency determination that a sewer or
lift station is approaching hydraulic capacity or that a sewage treatment plant is approaching design
capacity such that additional sewer connection permit applications will require close scrutiny to
determine whether issuance would result in a violation of the Act or Regulations. Please note that these
lists are continually being revised to reflect the current situation. Therefore, if you have any
questions on the capability of a treatment facility or transport system, please contact the Agency for a
final determination. This listing reflects the status as of June 30, 1994.
Facility names followed by a double asterisk are additions to the list.
PE ADDED
FACILITY
RESPONSIBLE
REMAINING
SINCE
NAME
AUTHORITY
COUNTY
CAPACITY
LAST LIST
Beecher STP
Village of Beecher
Will***
0
187
Benton-Southeast STP
City of Benton
Franklin
60
0
Bethalto ( L.S. #1)
Village of Bethalto
Madison
87
0
Bolingbrook STP 2
Village of Bolingbrook
Will
0
0
Braidwood STP
City of Braidwood
Will
0
0
Carrier Mills
Village of Carrier Mills
Saline
836
0
Carrollton
City of Carrollton
Greene
140
0

Page
Page 12
12/ August, 1994
/ August, 1994
Environmental Register No. 485
Environmental Register No. 485
Chester
City of Chester
Randolph
106
15
Crest Hill - West STP
City of Crest Hill
Will
7
168
Creve Coeur
Village of Creve Coeur
Tazewell
2,330
0
Derby Meadows Utility Co.
STP
Derby Meadows Utility Co.
Will
0
0
Downers Grove Sanitary Dist. Downers Grove S.D.
DuPage
8,769
95
Earlville
City of Earlville
LaSalle
283
0
East Dundee STP
Village of E. Dundee
Kane
1,652
49
Elkville
Village of Elkville
Jackson
6
3
Elmhurst
City of Elmhurst
DuPage
0
16
Findlay
Village of Findlay
Shelby
60
0
Hebron
Village of Hebron
McHenry
118
0
Herrin
City of Herrin
Williamson
***
337
Herscher
Village of Herscher
Kankakee
8
0
Hoopeston
City of Hoopeston'
Vermilion
22
0
Kildeer-Bishop-Ridge STP
Village of Kildeer
Lake
40
0
CLPWD-DeerfieldRd. Interceptor
County of Lake Public Works
Lake
***
0
Department
CLPWD-Diamond-Sylvan STP**
County of Lake Public Works
Lake
248
0
Department
Lake in the Hills S.D.
Village of Lake in the Hills
McHenry
0
575
Milan
Village of Milan
Rock Island
1,127
0
Moline (North Slope)
City of Moline
Rock Island
1,151
0
O'Fallon
City of O'Fallon
St. Clair
459
182
Orangeville
Village of Orangeville
Stephenson
0
0
Pearl City
Village of Pear l City
Stephenson
0
0
Peotone
Village of Peotone
Will
0
0
Rock Island (Main)
City of Rock Island
Rock Island
5,012
88
Sycamore (Southwest)
City of Sycamore
DeKalb
0
0
Thompsonville STP
Village of Thompsonville
Franklin
35
0
Deletetions from previous quarterly report
: Antioch
***Contact IEPA - Permit Section
MM:sp5439c/2-5

Environmental Register No. 485
Environmental Register No. 485
August, 1994/Page
August, 1994/Page 13
13

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WATERWAYS CRUISE AND ENVIRONMENTAL WORKSHOP
EILEEN JOHNSTON is organizing another waterways cruise and floating seminar on October 1,
1994. The floating seminar is planned to discuss areas of environmental concern and the progress made in
solving problems since the first Earth Day in 1970. Participants will view pictures of what the areas looked
like twenty years ago. Speakers from state and federal agencies and industries will discuss the
environmental progress made, pollution abatement, and current problems.
The cruise is on the Wendella and is 72 miles long. Participants will view the ever-changing and
exciting shoreline of Chicago and Northern Indiana, and the waterways of the Calumet Sag Channel,
Calumet River, and I & M Shipping Canal. The cruise also passes steel mills, new water reclamation
facilities, barges, landfills, and the canyon of skyscrapers.
Eileen's cruise serves to demonstrate the environmental challenges facing our country due to the
dramatic impact of man on the environment. Some of the questions addressed during the floating seminar
include: What progress has been made? Can we eat fish from the Lake? How are environmental
regulations proposed and enforced?
Participants meet at 8:45 a.m. at the foot of the Wrigley Building, and return before 4 p.m. Parking
facilities are located west of the building, allow time to locate a space. Use public transportation if
possible. Be prompt, don't miss the boat! Bring your lunch. Soft drinks are sold on board. Warm clothes
and head gear are in order. The cost is $45, $35 for full time students. Send checks to:
Eileen Johnston, 505 Maple Avenue, Wilmette, IL 60091; (312) 814-3470
Eileen Johnston, 505 Maple Avenue, Wilmette, IL 60091; (312) 814-3470
Please make reservation before September 15, 1994. Space is limited, so the sooner the better!
*****************************************************************************************
NAME________________________________________________________________________________
School, Firm, Group_____________________________________________________________________
Address________________________________________________________________________________
______________________________________________________________________________________
Phone_________________________________________________________________________________
Ticket No.___________
Amount Enclosed_____________

Page
Page 14
14/ August, 1994
/ August, 1994
Environmental Register No. 485
Environmental Register No. 485
Printed by Authority of the State of Illinois, August, 1994, 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
Vacant
Palatine, Illinois
Chicago, 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.

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