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E
E
NVIRONMENTAL
NVIRONMENTAL
R
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EGISTER
EGISTER
Illinois Pollution Control Board News
Illinois Pollution Control Board News
No. 454
No. 454
Ju
July, 1992
ly, 1992
HOW PROPOSED BUDGET CUTS WILL IMPACT
HOW PROPOSED BUDGET CUTS WILL IMPACT
POLLUTION CONTROL BOARD DOCKET
POLLUTION CONTROL BOARD DOCKET
The Board, like other state agencies, has been hard hit by
multiple proposed budget cuts. Because of its small size, these
proposed cuts have a disproportionate effect. The
Administration's tight budget included a 17% General Revenue
Fund (GRF) reduction. On top of that, the legislature has
proposed an additional 21.5% GRF cut. If no new revenues are
identified, the anticipated negative impacts of the legislative cuts
on the State's environmental program in FY 93 are as follows:
*Only about half of all time-deadline contested cases will be
handled. Based on historical data, this may mean that:
--
Thirty or more Underground Storage Tank (UST) Fund
reimbursement decisions rendered by the IEPA will be
effectively overturned by default.
The Board estimates
that the loss to the State's UST Fund may exceed
$1,500,000 annually
.
--
Four or more Landfill Siting Appeals (SB172) decisions
made by local governments will be overturned by default.
Generally, this means automatic approval of a siting
request, irrespective of the local government's decision.
--
Six or more variances will be granted by default. This
means automatic approval of a variance irrespective of
the IEPA's recommendation or the merits of the petition.
--
Eight or more IEPA permit decisions (denials or conditions)
will be overturned by default, again without regards to the
merits of the petition.
*Virtually no funds will remain for enforcement case hearings
such as citizen enforcement cases, Attorney General
enforcement and administrative citation (AC) appeal hearings.
The Board estimates that monetary penalties not levied due
to lack of funds for hearings may exceed $325,000.
This also
effectively frustrates citizen enforcement efforts. Note that these
cases will simply become next year's backlog.
*No funds will remain for site-specific and adjusted standard
rulemaking cases without deadlines. This means that industries
and municipalities will receive no relief from general
environmental regulations, irrespective of the merits of their
claims, at least until next year.
On the positive side, the Board projects that despite the
proposed cuts it will address all Federal rules for Clean Air Act
and Safe Drinking Water Act compliance as well as other
deadline-driven rules where federal highway dollars are at risk.
The Board will also address other legally mandated rules with
deadlines for Board action.
RULEMAKING UPDATE
RULEMAKING UPDATE
DEADLINE EXTENDED IN SDWA UPDATE, R91-3
On June 23, 1992, the Board entered an order in the Safe
Drinking Water Act (SDWA) update the embraces USEPA
regulations adopted during the period from January 1 through
June 30, 1991. Basically, USEPA adopted the "Phase II" and
certain microbiological rules during this time-frame. The Board
adopted a proposal for public comment on March 11, 1992. The
Board's order effectively extends the deadline for final Board
action in this matter until October 1, 1992. The reasons stated
for the delay in adoption of a final rule are unusual difficulties in
adapting the federal rules to the Illinois format, the numerous
public comments received, and the delay in receiving answers to
several questions addressed to USEPA. Questions should be
directed to Michael J. McCambridge at 312-814-6924.
DEADLINE EXTENDED IN RCRA UPDATE, R92-1
On June 23, 1992, the Board entered an order in the Resource
Conservation and Recovery Act (RCRA) update the embraces
USEPA regulations adopted during the period from July 1
through December 31, 1991. Basically, USEPA adopted
changes to the groundwater monitoring requirements for interim
status facilities. The docket includes Board-initiated revisions to
the corrosivity characteristic test used for hazardous waste
determinations. The Board adopted a proposal for public
comment on May 7, 1992. The Board's order effectively extends
the deadline for final Board action in this matter until September
3, 1992. The reasons stated for the delay in adoption of a final
rule are the unusual size of the dockets in R91-3, the presently
pending SDWA update, and R91-13, the recently-adopted,
previous RCRA update, and the numerous corrections ultimately
effected to R91-3. Questions should be directed to Morton
Dorothy at 217-333-5575.
FOR YOUR INFORMATION
FOR YOUR INFORMATION
ANNUAL LIST OF ADJUSTED STANDARDS
This issue contains a listing of all final actions taken on petitions
for adjusted standards during the 1992 fiscal year, July 1, 1991
through June 30, 1992.
UPDATE TO ENVIRONMENTAL REGISTER MAILING LIST
The Board is updating the mailing list for the Environmen-tal
Register. This is the second annual update of the mailing list for
the mailings of the Register. The Board desires to minimize the
impact of these mailings on our budget by assuring that only
those who desire to receive regular free copies of the Register
will appear on the list. If you would like to continue to receive it
after July 1, 1992, please fill out the address label located on the
Page
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/ June 22, 1992
Environmental Register No. 454
Environmental Register No. 454
Printed on Recycled Paper
next to last page of this issue and return it to the Board as soon
as possible.
BOARD AND STAFF ACTIVITIES
BOARD AND STAFF ACTIVITIES
@@@
FINAL ACTIONS - JUNE 4, 1992 BOARD MEETING
FINAL ACTIONS - JUNE 4, 1992 BOARD MEETING
PCB 88-193
General Motors Corp. v. IEPA - The Board
granted General Motors variance from the air regulations with
conditions for GM's Vermilion County facility.
PCB 91-83
Village of Lincolnwood v. IEPA - The Board
dismissed the petition as not prematurely filed as to the Agency's
deductible determination and granted summary judgment in favor
of the Agency in this underground storage tank reimbursement
determination appeal, upholding the Agency's determination that
costs of corrective action associated with the four abandoned
USTs are not eligible for reimbursement.
PCB 91-260
Capital Asset Corporation & Industrial Investors
Limited Partnership v. IEPA - The Board granted Capital Assets'
motion to dismiss this underground storage tank reimbursement
determination appeal.
PCB 92-22
Warren's Service v. IEPA - The Board affirmed the
Agency's January 23, 1992 determination that the costs of
petitioner, Warren's Service, for replacement of concrete is not a
reimbursable expense for its Mercer County facility in this
underground storage tank reimbursement determination appeal.
PCB 92-25
Land & Lakes Co., JMC Operations, Inc., & NBD
Trust Co. of Illinois as Trustee under trust no. 2624EG v. Village
of Romeoville and County of Will, Intervenor - The Board
concluded that the decision of the Village of Romeoville finding
that Land and Lakes did not meet its burden of establishing need
is not against the manifest weight of evidence and affirmed the
Village's denial of siting in this regional pollution control facility
siting appeal. Board Member J.T. Meyer concurred. Board
Member J.
Anderson dissented.
PCB 92-30
Dynamic Hydra-Blasting, Inc v. IEPA - The Board
granted Dynamic Hydra Blasting's motion to dismiss this
underground storage tank reimbursement determination appeal.
PCB 92-40
Waste Hauling, Inc. v. IEPA - The Board granted
Waste Hauling's motion to dismiss this land permit appeal.
PCB 92-51
People of the State of Illinois v. United Coatings,
Inc. - The Board accepted the Stipulation and Settlement
Agreement in which respondent admitted to past violations of the
Act and air pollution regulations, agreed to pay a sum of $4,000
to the Illinois Environmental Protection Trust Fund, and agreed to
cease and desist from further violations concerning its Kankakee
County facility. Board Member J.T. Meyer dissented.
PCB 92-82
Lawrence Brothers, Inc. v. IEPA - The Board
granted a 30-day provisional variance from the 90-day limit to
accumulation time in the hazardous waste regulations for
Lawrence Brothers' Whiteside County facility.
PCB 92-85
LTV Steel Company v. IEPA - The Board granted
a 45-day provisional variance, with conditions, from the Board's
water regulations that will allow its Putnam County facility to treat
its water intakes against zebra mussels.
R92-2
UST Update, USEPA Regulations (7-1-91 through
12-31-91) - See Rulemaking Update.
NEW CASES - JUNE 4, 1992 BOARD MEETING
NEW CASES - JUNE 4, 1992 BOARD MEETING
PCB 92-74
Kenneth F. Metivier & Cynthia Metivier v. Douglas
Kenyon d/b/a Douglas Kenyon, Inc. - The Board denied Kenyon's
motion to dismiss and set this citizens' noise enforcement action
for hearing.
PCB 92-78
Amoco Chemical Company, Amoco Petroleum
Additives Company Wood River, Illinois v. IEPA - The Board
accepted for hearing Amoco's petition for an air variance for its
Madison County facility.
PCB 92-79
U.S. Department of Energy & The University of
Chicago - The Board accepted the U.S. Department of Energy &
The University of Chicago's land permit appeal for hearing for
their DuPage County facility.
PCB 92-81
James Lynch v. IEPA - The Board ordered that
because James Lynch's petition for review of this Agency
underground storage tank reimbursement determination was
deficient in that it lacked pertinent information, unless an
amended petition is filed within 45 days, the
matter will be subject to dismissal.
PCB 92-82
Lawrence Brothers, Inc. v. IEPA - See Final
Actions.
PCB 92-83
Harlem Township v. IEPA - The Board accepted
Harlem Township's underground storage tank reimbursement
determination appeal for hearing.
PCB 92-84
People of the State of Illinois v. Berkshire
Furniture Company, d/b/a Fasion Bed Group and formerly known
as Allegheny Steel and Brass Corporation - A hearing is
mandatory in this air enforcement action.
PCB 92-85
LTV Steel Company v. IEPA - See Final Actions.
Environmental Register No. 454
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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.
June 15
10:00 a.m.
PCB 92-55
L-S-R
Stephen A. Smith, d/b/a ABC Sanitary Hauling, et al. v. City of Champaign, Illinois -
Champaign City Hall, Council Chambers, 102 N. Neil St., Champaign.
June 16
9:30 a.m.
R 91-20
R
In the Matter of: Potentially Infectious Medical Waste (PIMW): Treatment, Storage, and
Transfer Facilities and Transportation, Packaging, and Labelling - Bloomington City Hall, City
Counsel Chambers, 109 W. Olive St., Bloomington.
June 23
9:30 a.m.
PCB 92-15
UST-FRD
Mercantile Bank of St. Louis, N.A., Personal Representative of the Estate of Ann Gudder v.
EPA - Williamson County Courthouse, 200 W. Jefferson (adjacent to Courtroom #5), Marion.
June 24
9:30 a.m.
PCB 91-67
P-A
Manville Sales Corporation v. EPA - Will County Courthouse, 14 W. Jefferson St. (see Room
439), Joliet.
June 24
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 24
10:00 a.m.
PCB 92-50
A-V
Lawrence Brothers, Inc. v. EPA - Coliseum Building, Community Room, 212 Third Ave.,
Sterling.
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 25
1:00 p.m.
PCB 91-221
UST-FRD
Manito/Waddell Airport v. EPA - Mason County Courthouse, Havana.
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.
June 29
9:30 a.m.
AS 92-2
AS
In the Matter of: Petition of We-Shred-It., Inc. for Adjusted Standard from 35 Ill. Adm. Code
Part 848, Management of Used and Waste Tires - Pana City Hall, City Council Chambers,
123 E. 3rd St., Pana.
June 29
10:00 a.m.
AS 91-3
AS
In the Matter of: Petition of Peoria Disposal Company for Adjusted Standard from 35 Ill. Adm.
Code 721, Subpart D - Peoria County Courthouse, Room 403, 324 Main Street, Peoria.
June 29
10:00 a.m.
PCB 91-10
W-V
Amoco Oil Company (Creve Coeur Terminal) v. EPA - McKenzie Building, Tazewell County
Board Room, 3rd Floor, Pekin.
June 29
10:00 a.m.
PCB 92-62
UST-FRD
Galesburg Cottage Hospital v. EPA - Knox County Courthouse, County Board Room, 200 S.
Cherry St., Galesburg.
June 30
10:00 a.m.
PCB 91-10
W-V
Amoco Oil Company Creve Coeur Terminal) v. EPA - McKenzie Building, Tazewell County
Board Room, 3rd Floor, Pekin.
June 30
10:00 a.m.
PCB 92-26
A&N-E
Dale Dettlaff and Deborah Dettlaff v. Mr. Eduardo Boado, EPB Services, Inc. - ELA Town
Hall, 95 E. Main St., Lake Zurich.
June 30
10:00 a.m.
PCB 91-234
P-A
Safety-Kleen Corporation (Pekin Facility) v. EPA - Pekin City Council Chambers, 400
Margaret St., Pekin.
June 30
11:00 a.m.
PCB 91-16
P-A
Nicor National, Inc. v. EPA - Madison County Courthouse, 155 N. Main St., Edwardsville.
July 1
9:30 a.m.
PCB 90-42
P-A
Stepan Company v. EPA - Will County Courthouse, 14 W. Jefferson St., Room 439, Joliet.
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July 8
10:00 a.m.
PCB 91-52
P-A
Atwood Industries, Inc. v. EPA - Stockton Public Library, 140 W. Benton St., Stockton,
July 9
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 2-025, Chicago.
July 10
10:00 a.m.
AC 92-5
AC
EPA v. Ronald D. And Retha M. Rawe - Greene County Courthouse, Carrollton.
July 10
10:00 a.m.
PCB 91-18
P-A
Illinois Central Railroad (Centralia Facility) v. EPA - City Council Chambers, Second Floor,
222 S. Poplar St., Centralia.
July 14
9:30 a.m.
R 91-20
R
In the Matter of Potentially Infectious Medical Waste (PIMW): Treatment, Storage, and
Transfer Facilities and Transportation, Packaging, and Labelling - State of Illinois Center,
Room 2-025, 100 E. Randolph St., Chicago.
July 14
9:30 a.m.
PCB 92-76
P-A
Meyer Steel Drum, Inc. v. EPA - State of Illinois Center, Suite 11-500, 100 W. Randolph St.,
Chicago.
July 17
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.
July 17
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.
July 20
10:00 a.m.
PCB 91-53
A-E
People of the State of Illinois v. Enamelers and Japanners, Inc. - State of Illinois Center, Suite
11-500, 100 W. Randolph St., Chicago.
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.
July 21
10:00 a.m.
R89-17(C)
R
In the Matter of: Application of California Motor Vehicle Standards in Illinois - State of Illinois
Center, Room 2-025, 100 W. Randolph St., Chicago.
July 23
10:00 a.m.
AC 91-32
AC
County of Ogle v. Rochelle Disposal Services, Inc. - Ogle County Courthouse, State's
Attorney's Conference Room, 4th and Washington Streets, Oregon.
July 29
10:00 a.m.
PCB 92-60
UST-FRD
Kean Oil Company v. EPA - McHenry County Government Center, 2200 N. Seminary,
Woodstock.
July 30
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
July 31
10:00 a.m.
AC 92-33
AC
St. Clair County v. James Alexander, President, Alexander Development Co., Inc. -St. Clair
County Building, Board Conference Room, Fifth Floor, 10 Public Square, Belleville.
August 3
9:00 a.m.
PCB 92-75
UST-FRD
Estate of Larry Junkin, by Patricia Junkin, Executrix - City of Champaign Building, Room EC-
4, 102 N. Neil St., Champaign.
August 3
10:00 a.m.
PCB 91-237
P-A
Laidlaw Environmental Services of Illinois, Inc. (Operating Permit) v. EPA - Rockford Public
Library, Room C, Lower Level, 215 N. Wyman St., Rockford.
August 3
10:00 a.m.
PCB 91-238
P-A
Laidlaw Environmental Services of Illinois, Inc. (Supplemental Permit) v. EPA - Rockford
Public Library, Room C, Lower Level, 215 N. Wyman St., Rockford.
August 13
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
August 19
9:30 a.m.
PCB 90-89
SWH-E
EPA v. Fred Johnson, Johnson & Briggs Tank Truck Service a/k/a Johnson & Briggs Tank
Truck & Heater Service (Consolidated with PCB 91-123) - Edwards County Courthouse, 50 E.
Main St., Albion.
August 26
R89-17(C)
In the Matter of: Application of California Motor Vehicle Standards in Illinois - Capitol
Environmental Register No. 454
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10:00 a.m.
R
Building, Room 118, Springfield.
August 27
9:30 a.m.
PCB 91-38
P-A
American Waste Processing, Ltd. v. EPA - State of Illinois Center, Suite 11-500, 100 W.
Randolph St., Chicago.
September 3
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
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 17
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
September 23
10:00 a.m.
AS 91-11
AS
In the Matter of the 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 - Belleville City Hall, Council Chambers, 10 S. Illinois St., Belleville.
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 Room, Second Floor, 1 Civic Center Plaza, Decatur.
September 30
10:00 a.m.
AS 91-12
AS
In the Matter of: Petition of the 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.
October 1
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
October 15
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
October 29
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
November 19
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
December 3
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
December 17
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
Calendar Codes
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
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/ June 22, 1992
Environmental Register No. 454
Environmental Register No. 454
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ENVIRONMENTAL INFORMATION SERVICES
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REGULATIONS FOR THE DESIGN AND OPERATION OF NONHAZARDOUS WASTE LANDFILLS
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ENVIRONMENTAL REGISTER NEWSLETTER FOR THE LATEST DEVELOPMENTS
The Environmental Register is a newsletter published by the Board after every Board meeting. The Register provides updates on
rulemakings, lists the final actions taken at the Board meeting, contains the Board's hearing calendar and provides other useful
information on environmental issues.
For additional information on subscriptions to Board opinions and orders, write to:
Joe D'Alessandro, Fiscal Officer
Illinois Pollution Control Board
100 W. Randolph St., Suite 11-500
Chicago, Illinois 60601
To order a free subscription to the Environmental Register, please detach the following form and forward it as follows:
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Illinois Pollution Control Board
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
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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.
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Chicago, Illinois 60601
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