Web Site: http://www.ipcb.state.il.us

Web Site: http://www.ipcb.state.il.us

Claire A. Manning, Chairman

Ronald C. Flemal, G. Tanner Girard, Thomas E. Johnson,

Samuel T. Lawton Jr., Nicholas J. Melas, Michael E. Tristano

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph, Suite 11-500

Chicago, Illinois 60601

(312) 814-6032 TDD

Illinois Pollution Control Board

600 South Second Street

Springfield, Illinois 62704

Web Site: http://www.ipcb.state.il.us

Letter from the Chairman

The environment in which we live and work is constantly changing.

That has been emphasized recently by the changes at several

organizations often involved in rulemaking proceedings before the

Jonathan Goldman took over the helm of the Illinois Environmental

Council (IEC) on January 7, 2002. Before becoming IEC’s executive

director, Goldman was the director of policy and governmental affairs

for the Citizens Utility Board. He also served as the executive

director of the Lead Elimination Action Drive, where he successfully

lobbied for legislation establishing a lead poisoning prevention

After ten years as IEC’s executive director, Lynne Padovan switched from lobbying for the non-profit group to

working in State government. On October 15, 2001, Padovan started her new position as Governor George H.

Ryan’s senior policy adviser for environment and natural resources. Padovan replaces Renee Cipriano.

Cipriano became the director of the Illinois Environmental Protection Agency (IEPA) in August 2001. Cipriano

returned to IEPA after Tom Skinner left State government to tackle the role of regional administrator of the United

States Environmental Protection Agency Region 5. Cipriano had worked at IEPA from 1995-1997 as associate

director and chief legal counsel.

Katherine Hodge takes over as interim executive director of the Illinois Environmental Regulatory Group (IERG)

on February 1, 2002. Hodge has been part of IERG for 16 years. Prior to forming her own law firm (Hodge Dwyer

Zeman), Hodge served as IERG’s general counsel. Hodge replaces D.K. Hirner, who left IERG to accept a position

with the Governor's Office in the State of Missouri.

While there have been a lot of leadership changes in the environmental community, many of the people are familiar

to the Board. We look forward to working with Goldman, Padovan, Cipriano, Skinner, and Hodge and we wish

them well in their new capacities.

Claire A. Manning, Chairman

Environmental Register – January 2002

Inside This Issue:

IEPA RESTRICTED STATUS LIST

IEPA CRITICAL REVIEW LIST

Federal Update

United States Environmental Protection Agency Adopts Long Term 1 Enhanced Surface Water Treatment

Rule Under the Safe Drinking Water Act

On January 14, 2002, the United States Environmental Protection Agency (USEPA) adopted amendments to the

Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR). 67 Fed. Reg. 1811.

The purposes of the LT1ESWTR are to improve control of microbial pathogens, specifically the protozoan

Cryptosporidium, in drinking water and to address risk trade-offs with disinfection byproducts. The rule will

require systems to meet strengthened filtration requirements as well as to calculate levels of microbial inactivation

to ensure that microbial protection is not jeopardized if systems make changes to comply with disinfection

requirements of the Stage 1 Disinfection and Disinfection Byproducts Rule (DBPR).

The LT1ESWTR applies to public water systems that use surface water or groundwater under the direct influence

of surface water and serve fewer than 10,000 persons. The LT1ESWTR builds upon the framework established for

systems serving a population of 10,000 or more in the Interim Enhanced Surface Water Treatment Rule (IESWTR).

This rule was proposed in combination with the Filter Backwash Recycling Rule (FBRR) in April 2000.

This regulation is effective January 18, 2002. For further information contact Tom Grubbs at (202) 564-5262. For

general information contact the Safe Drinking Water Hotline, telephone (800) 426-4791.

The Board will incorporate any necessary amendments to the Primary Drinking Water regulations in a future

identical-in-substance rulemaking pursuant to Sections 7.2 and 17.5 of the Environmental Protection Act (415 ILCS

5/7.2, 17.5 (2000)).

United States Environmental Protection Agency Adopts Direct Final Rules and Proposes Identical

Amendments for Protection of Stratospheric Ozone: Removal of Restrictions on Certain Fire Suppression

Substitutes for Ozone-Depleting Substances; and Listing of Substitutes

On January 29, 2002, the United States Environmental Protection Agency (USEPA) took direct final action to

remove restrictions previously imposed on the use of certain substitutes for ozone-depleting substances (ODSs)

under the Significant New Alternatives Policy (SNAP) program. 67 Fed. Reg. 4185 and 67 Fed. Reg. 4222.

Specifically, USEPA rescinded use conditions imposed under the SNAP program that limit human exposure to

halocarbon and inert gas agents used in the fire suppression and explosion protection industry. These use conditions

are redundant with safety standards that have since been established by the National Fire Protection Association

(NFPA). These halocarbon and inert gas agents will now either be acceptable or acceptable subject to narrowed use

limits, depending on the specific agent.

Environmental Register – January 2002

USEPA also took direct final action to change the listing from acceptable, subject to use conditions, to

unacceptable, for a fire suppressant which the manufacturer has withdrawn from the market because of concerns

about fetal toxicity; added a substitute to the SNAP list of acceptable substitutes with narrowed use limits in the fire

suppression and explosion protection sector; and changed a listing decision to remove a restriction from one

substitute to make it an acceptable agent for fire suppression and explosion protection, without use conditions or

narrowed use limits.

USEPA issued a companion proposal to the direct final rule in the same issue of the Federal Register (at 67 Fed.

Reg. 4222), and stated that they would withdraw the direct final rule if they received any adverse comments in

response to an amendment, table, or table entry of the direct final rule.

This rule is effective on April 1, 2002 without further notice, unless EPA receives adverse comment or receives a

request for a public hearing by February 28, 2002.

For further information contact Margaret Sheppard at (202) 564-9163. Also contact the Stratospheric Protection

Hotline at (800) 296-1996 and EPA's Ozone Depletion World Wide Web site at

http://www.epa.gov/ozone/title6/snap/.

United States Environmental Protection Agency Finalizes Amendments to Coal Mining Point Source

Category; Amendments to Effluent Limitations Guidelines and New Source Performance Standards

On January 23, 2002, the United States Environmental Protection Agency (USEPA) adopted amendments to the

current regulations for the Coal Mining Point Source Category by adding two new subcategories to the existing

regulations. 67 Fed. Reg. 3369.

These amendments established a Coal Remining Subcategory that addresses pre-existing discharges at coal

remining operations. Also in this rulemaking, USEPA established a Western Alkaline Coal Mining Subcategory

that addresses drainage from coal mining reclamation and non-process areas in the arid and semi-arid western

United States. USEPA stated that the establishment of new subcategories has the potential to create significant

environmental benefits at little or no additional cost to the industry by encouraging remining activities while

reducing hazards associated with abandoned mine lands. The new remining subcategory has the potential to

significantly improve water quality by reducing the discharge of acidity, iron, manganese, and sulfate from

abandoned mine lands. USEPA projects total monetized annual benefits of $0.7 million to $1.2 million due to

remining. Additionally, USEPA expects that the amendments will result in significant ecological and public safety

benefits that could not be quantified and/or monetized. Annual compliance costs for this new subcategory have

been projected at $0.33 million to $0.76 million.

This regulation is effective February 22, 2002. For additional technical information contact William Telliard at

(202) 260-7134 or Telliard.William@EPA.gov. For additional economic information contact Kristen Strellec at

(202) 260-6036 or Strellec.Kristen@EPA.gov.

United States Environmental Protection Agency Adopts Amendments to the Corrective Action Management

Unit Rule Under the Resource Conservation and Recovery Act

On January 22, 2002, the United States Environmental Protection Agency (USEPA) adopted amendments to the

regulations governing Corrective Action Management Units. 67 Fed. Reg. 2961.

Corrective Action Management Units, or CAMUs, are special units created under the Resource Conservation and

Recovery Act (RCRA) to facilitate treatment, storage, and disposal of hazardous wastes managed for implementing

cleanup, and to remove the disincentives to cleanup that the application of RCRA to these wastes can sometimes

The original CAMU regulations were promulgated on February 16, 1993. In these amendments, USEPA

established a specific definition, distinct from the definition of remediation waste, to govern the types of wastes that

are eligible for placement in CAMUs. USEPA also established more detailed minimum design and operating

standards for CAMUs in which waste will remain after closure, with opportunities for Regional Administrators to

approve alternate design standards under certain circumstances. Additionally, USEPA established treatment

Environmental Register – January 2002

requirements for wastes that are placed in CAMUs, including minimum treatment standards, with opportunities to

adjust treatment requirements under certain circumstances.

These adopted amendments require more specific information requirements for CAMU applications, as is public

notice and a reasonable opportunity for public comment before final CAMU determinations are made. These

amendments also add new requirements for CAMUs that will be used only for treatment and storage. Finally, this

rulemaking “grandfathers” certain types of existing CAMUs and allows them to continue to operate under the 1993

This rulemaking also amended the regulations for staging piles to expressly allow for mixing, blending, and other

similar physical operations intended to prepare wastes for subsequent management or treatment. It also added a

new provision allowing off-site placement of hazardous CAMU-eligible waste in hazardous waste landfills, if they

are treated to meet CAMU treatment standards. Finally, these amendments grant interim authorization for these

CAMU amendments to states that are authorized for the 1993 CAMU rule, and it expedites state authorization for

the CAMU rule for states that are authorized for the RCRA corrective action program but not the 1993 CAMU rule.

This final rule is effective April 22, 2002. For further information contact Tricia Buzzell, at (703) 308-8632, or e-

mail buzzell.tricia@epa.gov. For general information, contact the RCRA Hotline at (800) 424-9346 or TDD

(hearing impaired) (800) 553-7672.

The Board has incorporated these amendments into the identical-in-substance docket R02-1/R02-12/R02-17. A

proposal for public comment for this docket was adopted at the Board’s January 24, 2002 meeting. Board adoption

of final rules is expected in May, 2002 pursuant to Sections 7.2 and 22.4 of the Environmental Protection Act (415

ILCS 5/7.2, 22.4 (2000)).

United States Environmental Protection Agency Proposes Amendments to Resource Conservation and

Recovery Act Burden Reduction Initiative

On January 17, 2002, the United States Environmental Protection Agency (USEPA) proposed amendments to

reduce the recordkeeping and reporting burden of the Resource Conservation and Recovery Act (RCRA). 67 Fed.

USEPA does not anticipate that the burden reduction ideas in this proposal will have an impact on the protections

for human health and the environment. The intention of this rulemaking is to eliminate non-essential paperwork.

This proposal is based on suggestions and comments generated by a notice published June 18, 1999, in the Federal

Register (64 Fed. Reg. 32859) which specifically requested comments on an initial set of burden reduction ideas.

Written comments must be received by April 17, 2002.

For further information contact: contact Mr. Robert Burchard at 703-308-8450, burchard.robert@epa.gov. For

general information, call the RCRA Hotline at 1-800-424-9346 or TDD 1-800-553-7672 (hearing impaired).

If rules are adopted by USEPA, the Board will include any necessary amendments in a future RCRA identical in

substance rulemaking pursuant to Sections 7.2 and 22.4 of the Environmental Protection Act (415 ILCS 5/7.2, 22.4

United States Environmental Protection Agency Proposes Amendments to Clean Air Acr Rules for Control

of Air Pollution From New Motor Vehicles and New Motor Vehicle Engines; Proposed Non-Conformance

Penalties for 2004 and Later Model Year Emission Standards for Heavy-Duty Diesel Engines and Heavy-

Duty Diesel Vehicles

On January 16, 2002, the United States Environmental Protection Agency (USEPA) proposed amendments to

establish that nonconformance penalties (NCPs) will be made available for the 2004 and later model year non-

methane hydrocarbons and nitrogen oxides (NMHC+NOX) standard for heavy-duty diesel engines and vehicles. 67

Fed. Reg. 2159.

Environmental Register – January 2002

In general, the availability of NCPs allows a manufacturer of heavy-duty engines (HDEs) or heavy-duty vehicles

(HDVs) (which include heavy light-duty trucks) whose engines or vehicles fail to conform with certain applicable

emission standards, but do not exceed a designated upper limit, to be issued a certificate of conformity upon

payment of a monetary penalty. The proposed upper limit associated with the 2004 emission standard for

NMHC+NOX is 4.5 grams per brake-horsepower-hour for light and medium heavy-duty engines and urban buses,

and 6.0 grams per brake-horsepower-hour for heavy heavy-duty engines.

For further information contact Margaret Borushko at (734) 214-4334; e-mail address:

borushko.margaret@epa.gov.

If rules are adopted by USEPA, the Board would expect the Illinois Environmental Protection Agency to propose

similar State rules for adoption using the Clean Air Act “fast-track” procedures at Section 28.5 of the Environmental

Protection Act (415 ILCS 5/28.5 (2000)).

United States Environmental Protection Agency Proposes Amendments to Clarifications to Existing National

Emissions Standards for Hazardous Air Pollutants Delegations' Provisions Under the Clean Air Act

On January 16, 2002, the United States Environmental Protection Agency (USEPA) proposed amendments to the

national emission standards for hazardous air pollutants (NESHAP). 67 Fed. Reg. 2285.

USEPA states that this proposal is part of the section 112(l), “Approval of State Programs and Delegation of Federal

Authorities” rulemaking process, where USEPA agreed to clarify which portions of the existing national emission

standards for hazardous air pollutants (NESHAP) contain authorities that can be delegated to State, Local, and

Tribal (S/L/T) agencies (September 14, 2000).

USEPA intends this rulemaking to clarify which parts of the existing NESHAP can be delegated to S/L/T agencies

by adding or modifying a section in each NESHAP to describe the authorities that can be delegated to S/L/T

agencies and those that must be retained by USEPA. In addition, to further clarify which portions of the NESHAP

are delegable, some NESHAP standards sections were slightly reorganized or rephrased to separate delegable from

non-delegable authorities. USEPA states that these clarifications do not change any substantive NESHAP

requirements for industrial sources.

For further information contact Mr. Tom Driscoll at (919) 541-5135, or e-mail at driscoll.tom@epa.gov.

Pursuant to Section 9.1(b) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(b) (2000)), once adopted by

USEPA, NESHAP rules are applicable and enforceable under the Act without further action by the Board.

United States Environmental Protection Agency Proposes Significant New Use Rule for Certain Chemical

Substances Under The Toxic Substances Control Act

On January 15, 2002, the United States Environmental Protection Agency (USEPA) proposed a significant new use

rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA). 67 Fed. Reg. 1937

The rulemaking affects the following six chemical substances: C.I. Pigment Orange 20 (CAS No. 12656-57-4);

Chromic Acid, Lead(2+) Salt (1:1) (CAS No. 7758-97-6); Chromium Lead Molybdenum Oxide (CAS No. 12709-

98-7); Lead Molybdenum Oxide (CAS No. 10190-55-3); Sulfuric Acid, Lead(2+) Salt (1:1) (CAS No. 7446-14-2);

and C.I. Pigment Red 104 (CAS No. 12656-85-8). This action proposes to require persons who intend to

manufacture, import, or process any of these chemical substances for use in aerosol spray paint for non-industrial,

indoor spray application to notify USEPA at least 90 days before commencing such activities. The required

notification would provide USEPA with the opportunity to evaluate the intended use, and if necessary, prohibit or

limit that activity before it occurs.

For further information contact Barbara Cunningham at (202) 554-1404; e-mail address: TSCA-Hotline@epa.gov

Environmental Register – January 2002

United States Environmental Protection Agency Extends the Comment Period for and Announces Public

Meetings on the Proposed Establishment of Electronic Reporting; Electronic Records Rule

On January 3, 2002, the United States Environmental Protection Agency (USEPA) extended the comment period on

its proposed rule for establishment of electronic reporting and electronic records for an additional 30 days. 67 Fed.

Reg. 278. The comment period will now close on February 27, 2002.

On August 31, 2001 (66 FR 46162), USEPA proposed conditions under which USEPA would allow submission of

electronic documents and maintenance of electronic records to satisfy federal environmental reporting and record-

keeping requirements in USEPA's regulations.

For further information contact David Schwarz at (202) 260-2710, schwarz.david@epa.gov, or Evi Huffer at (202)

260-8791, huffer.evi@epa.gov.

Rule Update

Board Adopts Identical-in-Substance Amendments in Wastewater Pretreatment Update, USEPA

Amendments (January 1 2001, through June 30, 2001), R02-3

On January 10, 2001, the Board adopted final amendments to the Illinois regulations that are identical in substance

to the wastewater pretreatment regulations that USEPA adopted pursuant to Sections 307(b), (c), and (d) and

402(b)(9) of the federal Water Pollution Control Act (33 U.S.C. §§ 1317(b), (c), (d), 1342(b)(9) (1994)). Included

are amendments that USEPA adopted during the period of January 1, 2001 through June 30, 2001. USEPA

amended its wastewater pretreatment regulations six times during that period: January 16, 2001 (66 Fed. Reg.

3466); January 22, 2001 (66 Fed. Reg. 3770); May 15, 2001 (66 Fed. Reg. 26795); June 8, 2001 (66 Fed. Reg.

30807); June 18, 2001 (66 Fed. Reg. 32774); and June 20, 2001 (66 Fed. Reg. 33134).

In this action, the Board adopted technical corrections to the test procedures for the determination of mercury in

water and wastewater. Only minor changes were made in the proposed rules at final adoption.

Sections 7.2 and 13.3 of the Environmental Protection Act (Act) (415 ILCS 5/7.2, 13.3 (2000)) provide for quick

adoption of regulations that are identical in substance to federal wastewater pretreatment regulations that USEPA

adopts. Section 13.3 of the Act also provides that Title VII of the Act and Section 5 of the Administrative

Procedure Act (5 ILCS 100/5-35, 5-40 (2000)), do not apply to the Board’s adoption of identical in substance

regulations. Therefore, the amendments are not subject to first- or second-notice review by the Joint Committee on

Administrative Rules.

The proposal for public comment was published on October 26, 2001 (25 Ill. Reg. 13373). The 45-day public

comment period ended on December 10, 2001. The Board did not receive any public comments on the proposal.

For additional information contact Michael McCambridge at 312/814-6924; e-mail address:

mccambm@ipcb.state.il.us.

Board Adopts Final Rules in Proposed Amendments to Tiered Approach to Corrective Action Objectives

(TACO) (MTBE): 35 Ill. Adm. Code 742, R00-19(C)

On January 24, 2002, the Board adopted final amendments to 35 Ill. Adm. Code 742, Tiered Approach to

Corrective Action Objectives (TACO), of the Board’s land regulations.

This docket was opened by the Board on June 7, 2001 for the purpose of addressing the methyl tertiary butyl ether

(MTBE) cleanup standards that were originally contained in the May 15, 2000 proposal by the Illinois

Environmental Protection Agency (Agency) to amend 35 Ill. Adm. Code 742 of the Board’s land regulations.

Environmental Register – January 2002

The cleanup standards for MTBE were originally proposed at first-notice as part of the Board’s first notice opinion

and order in R00-19(B).

Proposed Amendments to Tiered Approach to Corrective Action Objectives (TACO):

35 Ill. Adm. Code 742, R00-19(B) (July 27, 2000). By creating a separate Subdocket C for the MTBE amendments,

the Board intended to coordinate this rulemaking with another then-pending Agency proposal that would add

groundwater quality standards for MTBE.

See generally

Proposed MTBE Groundwater Quality Standards

Amendments: 35 Ill. Adm. Code 620, R01-14.

The proposed amendments in R00-19(C) were published in the

Illinois Register

on September 21, 2001 at 25 Ill.

Reg. 11994. During the first-notice public comment period, the Board received two public comments. The Agency

filed supplemental comments and exhibits on October 11, 2001 and the Petroleum Council filed comments on

November 1, 2001. Both comments support the substance of the proposal. Only minor, nonsubstantive changes

were made to the proposal that was published at first-notice.

While public hearings were not held in this Subdocket, three public hearings were held in Subdockets A and B. At

the time of the public hearings, the proposed MTBE cleanup standards were part of Subdocket B. The first and

third hearings were held in Chicago on August 25 and September 21, 2000. The second hearing was held in

Springfield on September 11, 2000.

The effective date for these amendments is February 5, 2002. The adopted amendments are due to be published in

Illinois Register

on February 22, 2002.

For additional information contact Amy Jackson at 217/524-8507; e-mail address: jacksona@ipcb.state.il.us

Board Adopts Final Rules in Proposed MTBE and Compliance Determination Amendments to Groundwater

Quality Standards: 35 Ill. Adm. Code 620, R01-14

On January 24, 2002, the Board adopted final amendments to the Board’s public water supply regulations at 35 Ill.

The adopted regulations amended the Board’s groundwater quality regulations to include a preventative response

level, in addition to Class I and Class II groundwater standards, for methyl tertiary butyl ether (MTBE). The

regulations also clarified sampling procedures for certain existing drinking water supply wells. The Board made no

changes in the proposed standards described above at second notice, and made only nonsubstantive typographical

and grammatical changes in the final version.

On September 1, 2000, the Illinois Environmental Protection Agency (Agency) filed a proposal for rulemaking to

amend the Board’s regulations at 35 Ill. Adm. Code 620. The Agency proposed the addition of an MTBE Class I

Potable Resource Groundwater standard and an MTBE Class II General Resource Groundwater standard of 70 ppb

for both classes. In addition, the Agency proposed a preventive response level for MTBE of 20 ppb.

Two public hearings were held in this matter before Board Hearing Officer Joel Sternstein in Springfield on March

1, 2001, and in Chicago on April 5, 2001.

The proposed amendments contained in the Board’s first notice opinion and order were published in the

at 25 Ill. Reg. 11973, September 21, 2001.

Proposed MTBE and Compliance Determination

Amendments to Groundwater Quality Standards: 35 Ill. Adm. Code 620, R01-14 (Sept. 6, 2001). Three public

comments were received.

The effective date for these amendments is February 5, 2002. The adopted amendments are due to be published in

Illinois Register

on February 22, 2002.

For additional information contact Joel Sternstein at 312/814-3665; e-mail address: sternsteinj@ipcb.state.il.us

Board adopts Proposal For Public Comment In RCRA Subtitle C Update, USEPA Amendments (January 1,

2001, through June 30 2001) RCRA Subtitle C Update, USEPA Amendments (July 1, 2001 through

Environmental Register – January 2002

December 31, 2001, and January 22, 2002) UIC Update, USEPA Amendments (July 1, 2001 through

December 31, 2001)

R02-1/ R02-12 / R02-17 (Identical-in-Substance Rulemaking - Land)(Consolidated)

On January 24, 2002, the Board consolidated these dockets and proposed for public comment amendments that are

“identical in substance” to hazardous waste regulations that the United States Environmental Protection Agency

(USEPA) adopted to implement Subtitle C of the federal Resource Conservation and Recovery Act of 1976 (RCRA

Subtitle C) (42 U.S.C. §§ 6921

. (2000 amendments that USEPA adopted in the period January 1, 2001

through June 30, 2001, and that for docket R02-12 includes federal RCRA Subtitle C amendments that USEPA

adopted in the period July 1, 2001 through December 31, 2001.

For reasons of administrative economy, the Board consolidated dockets R02-1, R02-12, and R02-17. At the

January 9, 2002 request of the Illinois Environmental Protection Agency (Agency), the Board added to docket R02-

12 federal amendments adopted January 22, 2002. These amendments would normally wait at least six months until

the next subsequent update period. The January 22, 2002 amendments cover corrective action management units

(CAMUs); USEPA stated that it intends to implement them in Illinois as federal rules by April 22, 2002 unless

Illinois can commit to implement the amendments as State rules by that time.

Sections 7.2 and 22.4(a) provide for quick adoption of regulations that are identical in substance to federal

regulations that USEPA adopts to implement Sections 3001 through 3005 of RCRA (42 U.S.C. §§ 6921-6925

(2000)). Similarly, Sections 7.2 and 13(c) provide for quick adoption of regulations that are identical in substance

to federal regulations that USEPA adopts to implement Section 1421 of the federal Safe Drinking Water Act

(SDWA) (42 U.S.C. § 300h (2000)). Sections 13(c) and 22.4(a) also provide that Title VII of the Act and Section 5

of the Administrative Procedure Act (APA) (5 ILCS 100/5-35 and 5-40 (2000)) do not apply to the Board’s

adoption of identical-in-substance regulations. The federal RCRA Subtitle C regulations are found at 40 C.F.R. 260

through 266, 268, 270, 271, 273, and 279. The federal UIC regulations are found at 40 C.F.R. 144 through 148.

The proposed amendments will be published in the

Illinois Register

on February 22, 2002.

For additional information contact Michael J. McCambridge at 312-814-6924; e-mail address

mccambm@ipcb.state.il.us

Board Accepts for Hearing the Illinois Association of Wastewater Agencies’ Proposed Amendments to

Ammonia Nitrogen Standards: 35 Ill. Adm. Code 302.212, 302.213, and 304.122, R02-19

On January 24, 2002, the Board accepted for hearing the January 17, 2002 proposal of the Illinois Association of

Wastewater Agencies (IAWA) to amend the Board’s water pollution control regulations Proposed Amendments to

Ammonia Nitrogen Standards: 35 Ill. Adm. Code 302.212, 302.213, and 304.122, R02-19. The IAWA proposal

suggests amending the Board’s ammonia nitrogen standards based on a 1999 National Criteria Document (NCD) for

ammonia issued by the United States Environmental Protection Agency (USEPA). No change is proposed to the

general water quality standard for total ammonia nitrogen. IAWA proposes to change both the acute and chronic

general use water quality standards for un-ionized ammonia, and to add a calculation for sub-chronic ammonia.

Additionally, IAWA proposes repeal of a relief mechanism for “Effluent Modified Waters,” asserting that the

mechanism has been unused.

Hearings in this matter have been scheduled for March 25, 2002 in Chicago and April 23, 2002 in Springfield. For

additional information contact Cathy Glenn at 312/814-6923; e-mail address: glennc@ipcb.state.il.us

Board Grants Motion to Reconsider And Adopts Some Amendments to its Second Notice Order in Revisions

to Antidegradation Rules: 35 Ill. Adm. Code 302.105, 303.205, 303.206, and 102.800-102.830, R01-13

On January 24, 2002, the Board considered the January 7, 2002 motion of the Illinois Environmental Regulatory

Group (IERG) and the Illinois Association of Wastewater Agencies (IAWA) for reconsideration of the Board’s

December 6, 2001 second notice opinion and order.

These rules were scheduled for consideration by the legislative Joint Committee on Administrative Rules (JCAR) at

its January 9, 2002. Since the Board’s first scheduled meeting after receiving the IERG/IAWA motion was January

Environmental Register – January 2002

10, 2002, the Board could not rule on the motion prior to the January 9, 2002 JCAR meeting. So, IERG also moved

that the Board notify JCAR that the Board would agree to an extension of the second-notice period. However, at

JCAR’s own request, the Board agreed to an extension of the second-notice period pursuant to Section 5-40 (c) of

the Administrative Procedure Act (5 ILCS 100/5-40(c)). JCAR accordingly rescheduled the rules for consideration

at its February 5, 2002 meeting.

On January 24, 2002, the Board granted part of the IERG/IAWA motion to reconsider by proceeding with their

suggested language change to Section 302.105(b)(3). However, the Board denied the rest of the requested changes.

For additional information contact Marie Tipsord at 312/814-4925; e-mail address: tipsordm

ipcb.state.il.us

Board Grants the United States Environmental Protection Agency’s Motion For an Extension of the Public

Comment Period in Wastewater Pretreatment Update, USEPA Amendments (October 3, 2001) (Identical-in-

Substance Rulemaking - Water), R02-9

On January 24, 2002, the Board extended the public comment period for this identical-in-substance rulemaking

from January 14, 2002 to February 15, 2002 in response to a January 11, 2002 motion of the U.S. Environmental

Protection Agency (USEPA).

The Board issued its proposal for public comment in this matter on November 15, 2001 in response to an October

31, 2001 motion for expedited consideration from the Illinois Environmental Protection Agency (Agency) and the

Metropolitan Water Reclamation District of Greater Chicago (MWRDGC). In the proposal for public comment, the

Board proposed amendments to the Illinois regulations that were “identical in substance” to wastewater

pretreatment regulations that the USEPA adopted to implement the federal Project eXellence and Leadership

(Project XL) on October 3, 2001.

66 Fed. Reg. 50334. The amendments included procedural elements the

Board believed necessary to accommodate the Illinois environmental system.

The proposal was published in the

Illinois Register

on November 30, 2001.

25 Ill. Reg. 15365. The public

comment period would have expired on January 14, 2002 since the public comment period in identical in substance

dockets lasts for 45 days after the date of publication of the

Illinois Register

In the motion for extension of time, USEPA requested more time to review the portion of the proposal that differs

from the federal regulations. Since neither the Agency nor the MWRDGC objected to USEPA’s motion, the Board

extended USEPA’s public comment deadline until February 15, 2002.

For additional information contact Michael J. McCambridge at 312-814-6924; e-mail address

mccambm@ipcb.state.il.us

Environmental Register – January 2002

Board Actions

January 10. 2002

Via Video Conference Between

Springfield and Chicago, Illinois

Rulemakings

In the Matter of: Wastewater Pretreatment Update, USEPA Amendments

(January 1, 2001 through June 30, 2001) – The Board adopted a final opinion

and order in this “identical-in-substance” rulemaking to amend the Board’s

wastewater pretreatment regulations.

Adjusted Standard

In the Matter of: Petition of Progressive Environmental Services, Inc. d/b/a

Antifreeze Recycling for an Adjusted Standard Under 35 Ill. Adm. Code

720.131(c) – The Board granted this Jersey County facility an adjusted standard

from the definition of solid waste, pursuant to 35 Ill Adm. Code 720.131(c),

subject to conditions.

In the Matter of: Petition of Rhodia, Inc., Thorn Creek Basin Sanitary District,

Takasago Corporation (U.S.A.) and Consumers Illinois Water Company for an

Adjusted Standard from 35 Ill. Adm. Code 302.208 and 304.105 – The Board

granted this Cook County facility an adjusted standard from the effluent

discharge requirement, pursuant to 35 Ill Adm. Code 304.105, subject to

conditions. The Board denied as unnecessary the petitioner’s request for an

adjusted standard from 35 Ill. Adm. Code 302.208.

Administrative Citations

County of Sangamon v. Everett Daily – The Board granted complainant’s

motion for summary judgment and denied respondent’s motion for summary

judgment. The Board found that this Sangamon County respondent violated

Sections 21(p)(1) and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(7) (2000)),

and ordered respondent to pay a civil penalty of $3,000

IEPA v. Bradney Luckhart – The Board accepted respondent’s amended petition

for review and ordered this matter to proceed to hearing.

IEPA v. Housewright Lumber Co., William A. Housewright, and George

Hartmann – The Board granted complainant’s motion to dismiss respondent

George Hartmann from this proceeding.

IEPA v. Charles F. Kinsel – The Board found that this Fulton County

respondent violated Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1) (2000)),

and ordered respondent to pay a civil penalty of $1,500

Environmental Register – January 2002

IEPA v. Kim Joines – The Board found that this Douglas County respondent

violated Sections 21(p)(1) and (p)(3) of the Act (415 ILCS 5/21(p)(1), (p)(3)

(2000)), and ordered respondent to pay a civil penalty of $3,000

People of the State of Illinois v. American Disposal Company and Consolidated

Rail Corporation – In this Resource Conservation and Recovery Act

enforcement action concerning a Cook County facility, the Board granted relief

from the hearing requirement of Section 31(c)(1) of the Act (415 ILCS

5/31(c)(1) (2000)), accepted a final stipulation and settlement agreement for the

Consolidated Rail Corporation. (Conrail) only, ordered Conrail to pay a civil

penalty of $5,000, and to cease and desist from further violations.

City of Streator v. IEPA –The Board granted petitioner a variance, subject to

conditions, from 35 Ill. Adm. Code 306.402,

solely to allow the Super 8 Motel

and the Kroger strip mall to connect to petitioner’s sewage treatment plant in

LaSalle County, Illinois.

Provisional Variance

Garrett Aviation, Inc. v. IEPA – Upon receipt of an Illinois Environmental

Protection Agency recommendation, the Board granted a 30-day provisional

variance to this Sangamon County facility from the 90-day limitation on the

accumulation of hazardous wastes, as set forth in 35 Ill. Adm. Code 722.134(b).

Motions and Other Matters

David P. Houghtaling v. Tire Management, Inc. – The Board granted

respondent's motion to dismiss this citizen noise enforcement action involving a

Kane County facility.

People of the State of Illinois v. J&F Hauling, Inc. – The Board granted

complainant 30 days to provide proof of proper service. The Board reserved

ruling on the complainant’s motion to deem facts admitted and for summary

Forest Preserve District of Cook County (Rolling Meadows) v. IEPA – Having

previously granted a request for a 90-day extension, the Board dismissed this

matter because no underground storage tank appeal was filed on behalf of this

Cook County facility.

Environmental Register – January 2002

Milton C. and Virginia L. Kamholz v. Lawrence and Mariane Sporleder – The

Board found that the alleged violations Section 9(a) of the Act (415 ILCS 5/9(a)

(2000), and Sections 900.102 and 901.102(a) of the Board’s regulations (35 Ill.

Adm. Code 900.102, 901.102(a)) were neither duplicitous nor frivolous,

dismissed the alleged violations of Sections 201.102 and 243.102(a) (35 Ill.

Adm. Code 201.102, 243.102(a)) as frivolous, and accepted this matter

involving a McHenry County facility for hearing.

City of Canton v. IEPA – The Board accepted petitioner’s amended petition in

response to December 6, 2001 Board order, noting that it restarted the Board’s

decision time clock.

Heritage Environmental Services, Inc. v. IEPA – Having previously granted a

request for a 90-day extension, the Board dismissed this matter because no

Resource Conservation and Recovery Act permit appeal was filed on behalf of

this Cook County facility.

Amtrak v. IEPA – Upon receipt of petitioner’s letter dated January 4, 2002, the

Board dismissed as unnecessary this request for a 90-day extension of time to

file an underground storage tank appeal on behalf of this Cook County facility.

Amtrak v. IEPA – Upon receipt of petitioner’s letter dated January 4, 2002, the

Board dismissed as unnecessary this request for a 90-day extension of time to

file an underground storage tank appeal on behalf of this Cook County facility.

McNeill Twins Oil Company v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Whiteside County facility.

GBF Graphics, Inc. v. IEPA – The Board found that the petition was deficient in

this air variance request involving a Cook County facility, and ordered petitioner

to file an amended petition to cure specified deficiencies no later than February

24, 2002 or the petition would be subject to dismissal.

People of the State of Illinois v. Caterpillar, Inc. – Upon receipt of a proposed

stipulation and settlement agreement and an agreed motion to request relief from

the hearing requirement in this air enforcement action involving a Tazewell

County facility, the Board ordered publication of the required newspaper notice.

People of the State of Illinois v. Tosco Refining Company – Upon receipt of a

proposed stipulation and settlement agreement, and an agreed motion to request

relief from the hearing requirement in this Resource Conservation and Recovery

Act enforcement action involving a Madison County facility, the Board ordered

publication of the required newspaper notice.

Environmental Register – January 2002

People of the State of Illinois v. Di Paolo Company – Upon receipt of a

proposed stipulation and settlement agreement, and an agreed motion to request

relief from the hearing requirement in this water enforcement action involving a

Lake County facility, the Board ordered publication of the required newspaper

People of the State of Illinois v. Bill Palmer d/b/a Commercial Group, Frank

Glosky d/b/a Glosky Realty, and R.A.S. Development, Inc. – The Board

accepted for hearing this water enforcement action involving a Kendall County

MAC Investments v. IEPA – The Board granted this request for a 90-day

extension of time to file an underground storage tank appeal on behalf of this

Cook County facility.

Lockformer Company v. IEPA – The Board accepted for hearing this site

remediation program appeal involving a DuPage County facility.

City of Salem v. IEPA – The Board accepted for hearing this request for

variance involving a Marion County public water supply.

City of Centralia v. IEPA – The Board accepted for hearing this request for

variance involving a Marion County public water supply.

Tri County FS, Inc. v. IEPA – The Board found and certified that specified

facilities of Tri County, Inc. located in Jersey County are “pollution control

facilities” for the purpose of preferential tax treatment under the Property Tax

Code (35 ILCS 200/11-10 (2000)).

Rezmar Corporation v. IEPA – The Board granted this request for a 90-day

extension of time to file an underground storage tank appeal on behalf of this

Cook County facility.

Wareco Service, Inc. v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Knox County facility.

Environmental Register – January 2002

January 24, 2002

Chicago, Illinois

In the Matter of: Proposed Amendments to Tiered Approach to Corrective Action

Objectives (TACO) (MTBE): 35 Ill. Adm. Code 742 – The Board adopted a final

opinion and order in this rulemaking which added methyl tertiary-butyl ether

(MTBE) as a contaminant to be tested for under the TACO standards.

In the Matter of: Revisions to Antidegradation Rules: 35 Ill. Adm. Code 302.105,

303.205, 303.206, and 106.990 – 106.995) – The Board granted the Illinois

Environmental Regulatory Group’s (IERG) motion to reconsider the Board’s

December 6, 2000 opinion and order in part and will proceed with the suggested

language change offered by IERG to Section 302.105(b)(3). The Board denied the

Illinois Association of Wastewater Agencies and IERG’s remaining motions to

reconsider and IERG’s motion for leave to file a reply.

In the Matter of: Proposed MTBE and Compliance Determination Amendments to

Groundwater Quality Standards: 35 Ill. Adm. Code 620 – The Board adopted a

final opinion and order in this rulemaking which amended the Board’s public water

supply regulations by adding a groundwater quality standard for methyl tertiary-

butyl ether (MTBE).

In the Matter of: RCRA Subtitle C Update, USEPA Amendments (January 1, 2001

through June 30, 2001); In the Matter of: RCRA Subtitle C Update, USEPA

Amendments (July 1 2001, through December 31, 2001 and January 22, 2002); In

the Matter of: UIC Update, USEPA Amendments (July 1, 2001 through December

31, 2001) – On its own motion the Board consolidated these “identical-in-

substance” rulemakings and adopted a proposal for public comment to amend the

Board’s hazardous waste and underground injection control regulations.

In the Matter of: Waste Water Pretreatment Update, USEPA Amendments

(October 3, 2001) – The Board granted the United States Environmental Protection

Agency’s motion for and extended the public comment period until February 15,

In the Matter of: Proposed Amendments to Ammonia Nitrogen Standards 35 Ill.

Adm. Code 302.212, 302.213, and 304.122 – The Board accepted for hearing the

Illinois Association of Wastewater Agencies January 17, 2002 proposal to amend

the Board’s water pollution control regulations. The Board also granted petitioner’s

motion to waive the signature requirement.

Environmental Register – January 2002

Administrative Citations

IEPA v. Robert Wiersema – The Board dismissed respondent’s petition for

review for lack of jurisdiction. The Board found that this Cook County

respondent violated Sections 21(p)(1), (p)(4), and (p)(7) of the Act (415 ILCS

5/21(p)(1), (p)(4), (p)(7) (2000)), and ordered respondents to pay a civil penalty

IEPA v. John Firebaugh – The Board accepted this petition for review of an

administrative citation against this Jefferson County respondent.

IEPA v. Larry Beam – The Board found that this Henry County respondent

violated Sections 21(p)(1), (p)(3), and (p)(7) of the Act (415 ILCS 5/21(p)(1),

(p)(3), (p)(7) (2000)), and ordered respondent to pay a civil penalty of $4,500

IEPA v. Colorado Real Estate & Investment Company – The Board accepted an

administrative citation against this Peoria County respondent.

IEPA v. Lewey Shields, Lisa Shields, and Paul Shields – The Board accepted an

administrative citation against these Champaign County respondents.

People of the State of Illinois v. Camelot Enterprises, Inc., Stephen Einfeldt

individually and as president of Camelot Enterprises, Inc., Ivan Johnson

individually and as co-owner of Camelot Enterprises, Inc. – In this water

enforcement action concerning a Kankakee County facility, the Board granted

relief from the hearing requirement of Section 31(c)(1) of the Environmental

Protection Act (415 ILCS 5/31(c)(1) (2000)), accepted a final stipulation and

settlement agreement, ordered the respondent to pay a total civil penalty of

$10,000, and to cease and desist from further violations.

People of the State of Illinois v. Caterpillar, Inc. – In this air enforcement action

concerning a Tazewell County facility, the Board granted relief from the hearing

requirement of Section 31(c)(1) of the Environmental Protection Act (415 ILCS

5/31(c)(1) (2000)), accepted a final stipulation and settlement agreement, ordered

the respondent to pay a total civil penalty of $20,000, and to cease and desist

from further violations.

People of the State of Illinois v. Tosco Refining Company – In this Resource

Conservation and Recovery Act enforcement action concerning a Madison

County facility, the Board granted relief from the hearing requirement of Section

31(c)(1) of the Environmental Protection Act (415 ILCS 5/31(c)(1) (2000)),

accepted a final stipulation and settlement agreement, ordered the respondent to

pay a total civil penalty of $25,000, and to cease and desist from further

Environmental Register – January 2002

Motions and Other Matters

People of the State of Illinois v. Doren Poland, Lloyd Yoho, and Briggs Industries,

Inc. – The Board denied respondent Briggs’ motion for reconsideration but granted

its motion for clarification of the Board’s September 6, 2001 interim opinion and

order. The mater was directed to hearing on issues of technical and monetary relief.

People of the State of Illinois v. American Driveway Maintenance, Inc. – Upon

receipt of a proposed stipulation and settlement agreement and an agreed motion to

request relief from the hearing requirement in this water enforcement action

involving a Winnebago County facility, the Board ordered publication of the

required newspaper notice

B.L.T., Inc. v. Sixth Street Developers, ORF, Inc., Roland Industries, Inc., VT

Properties, Inc., and Freesen, Inc. – The Board granted complainants’ motion for

voluntary dismissal of this citizen land enforcement complaint and cross-complaint

involving a facility located in Sangamon County.

People of the State of Illinois v. Royster-Clark, Inc. – The Board granted

complainant’s motion to strike 10 of the 11 affirmative defenses raised by

respondent. The Board denied the complainant’s motion to strike respondent’s

fourth affirmative defense concerning laches and ordered this matter to proceed to

Rebecca S. Lawrence v. Northpoint Grade School – The Board granted

complainant’s motion to change hearing officer and denied respondent’s motion

Doris Glave v. Brent and Patty Harris and Winds Chant Kennel, Inc. – The Board

struck respondent’s second and third affirmative defenses, declined to strike the

sixth affirmative defense, and ordered this matter to proceed to hearing.

Marcley Oil Company v. IEPA – Having previously granted a request for a 90-

day extension, the Board dismissed this matter because no underground storage

tank appeal was filed on behalf of this Kane County facility.

Economy Mechanical Industries, Inc. v. IEPA – The Board accepted for hearing

this underground storage tank appeal involving a Cook County facility.

Fox River Water Reclamation District (South Plant) v. IEPA – The Board

accepted for hearing this permit appeal involving a Kane County facility.

Environmental Register – January 2002

People of the State of Illinois v. Bernie C. Morris – Upon receipt of a proposed

stipulation and settlement agreement and an agreed motion to request relief from

the hearing requirement in this water enforcement action involving a Edgar

County facility, the Board ordered publication of the required newspaper notice.

Ecolab, Inc. v. Occidental Chemical Corporation – The Board found that the

alleged violations in the complaint were neither duplicitous nor frivolous, and

accepted for hearing this matter involving a Cook County facility.

The American Coal Company (Galatia) v. IEPA – The Board accepted for hearing

this tax certification appeal involving a Saline County facility.

Illinois State Toll Highway Authority v. IEPA – The Board granted this request

for a 90-day extension of time to file an underground storage tank appeal on

behalf of this DuPage County facility.

Case Corporation v. IEPA – The Board accepted for hearing this permit appeal

involving a Rock Island County facility.

Estate of Edmund F. Radkiewicz v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a DuPage County facility.

Midwest Illinois Auto/Truck Plaza, Inc. v. IEPA – The Board granted this request

for a 90-day extension of time to file an underground storage tank appeal on

behalf of this Bond County facility.

Riverview FS, Inc. v. IEPA – The Board found and certified that specified

facilities of Riverview FS, Inc. located in Winnebago County are “pollution

control facilities” for the purpose of preferential tax treatment under the Property

Tax Code (35 ILCS 200/11-10 (2000)).

January 10, 2002 Board Meeting

People of the State of Illinois v. Caterpillar, Inc. – Upon receipt of a proposed stipulation and settlement

agreement and an agreed motion to request relief from the hearing requirement in this air enforcement action

involving a Tazewell County facility, the Board ordered publication of the required newspaper notice.

Environmental Register – January 2002

People of the State of Illinois v. Tosco Refining Company – Upon receipt of a proposed stipulation and

settlement agreement and an agreed motion to request relief from the hearing requirement in this Resource

Conservation and Recovery Act enforcement action involving a Madison County facility, the Board ordered

publication of the required newspaper notice.

People of the State of Illinois v. Di Paolo Company – Upon receipt of a proposed stipulation and settlement

agreement and an agreed motion to request relief from the hearing requirement in this water enforcement action

involving a Lake County facility, the Board ordered publication of the required newspaper notice.

People of the State of Illinois v. Bill Palmer d/b/a Commercial Group, Frank Glosky d/b/a Glosky Realty, and

R.A.S. Development, Inc. – The Board accepted for hearing this water enforcement action involving a Kendall

County facility.

MAC Investments v. IEPA – The Board granted this request for a 90-day extension of time to file an

underground storage tank appeal on behalf of this Cook County facility.

Lockformer Company v. IEPA – The Board accepted for hearing this site remediation program appeal

involving a DuPage County facility.

City of Salem v. IEPA – The Board accepted for hearing this request for variance involving a Marion County

public water supply.

City of Centralia v. IEPA – The Board accepted for hearing this request for variance involving a Marion

County public water supply.

Sandra Stanton v. Mrs. Jessie Oyston, Mayor (Village of Buckner) – The Board held for a later

duplicitous/frivolous determination this citizen’s air enforcement action involving a Franklin County facility.

Tri County FS, Inc. v. IEPA – The Board found and certified that specified facilities of Tri County, Inc.

located in Jersey County are “pollution control facilities” for the purpose of preferential tax treatment under the

Property Tax Code (35 ILCS 200/11-10 (2000)).

Rezmar Corporation v. IEPA – The Board granted this request for a 90-day extension of time to file an

underground storage tank appeal on behalf of this Cook County facility.

Wareco Service, Inc. v. IEPA – The Board accepted for hearing this underground storage tank appeal

involving a Knox County facility.

Garrett Aviation, Inc. v. IEPA – Upon receipt of an Illinois Environmental Protection Agency

recommendation, the Board granted a 30-day provisional variance to this Sangamon County facility from the 90-day

limitation on the accumulation of hazardous wastes, as set forth in 35 Ill. Adm. Code 722.134(b).

IEPA v. Larry Beam – The Board accepted an administrative citation against this Henry County

IEPA v. Environmental Reclamation Company and Gene Stacey – The Board accepted an administrative

citation against these Coles County respondents.

IEPA v. City of Wenona – The Board accepted an administrative citation against this Marshall County

IEPA v. William Plank – The Board accepted an administrative citation against this Douglas County

In the Matter of: UST Update, USEPA Amendments (July 1, 2001 through December 31, 2001) – The

Board reserved this docket for a routine identical-in-substance update. The update includes any federal amendments

that occurred during the period of July 1, 2001, through December 31, 2001.

In the Matter of: Wastewater Pretreatment Update, USEPA Amendments (July 1, 2001 through December

31, 2001) - The Board reserved this docket for a routine identical-in-substance update. The update includes any

federal amendments, which occurred during the period of July 1, 2001, through December 31, 2001.

Environmental Register – January 2002

In the Matter of: Definition of VOM Update, USEPA Amendments (July 1, 2001 through December 31,

2001) – The Board reserved this docket for a routine identical-in-substance update. The update includes any federal

amendments, which occurred during the period of July 1, 2001, through December 31, 2001.

In the Matter of: SDWA Update, USEPA Amendments (July 1, 2001 through December 31, 2001) – The

Board reserved this docket for a routine identical-in-substance update. The update includes any federal

amendments, which occurred during the period of July 1, 2001, through December 31, 2001.

In the Matter of: UIC Update, USEPA Amendments (July 1, 2001 through December 31, 2001) – The

Board reserved this docket for a routine identical-in-substance update. The update includes any federal

amendments, which occurred during the period of July 1, 2001, through December 31, 2001.

In the Matter of: RCRA Subtitle D (Municipal Solid Waste Landfill), USEPA Amendments (July 1, 2001

through December 31, 2001) – The Board reserved this docket for a routine identical-in-substance update. The

update includes any federal amendments, which occurred during the period of July 1, 2001, through December 31,

January 24, 2002 Board Meeting

Illinois State Toll Highway Authority v. IEPA – The Board granted this request for a 90-day extension of

time to file an underground storage tank appeal on behalf of this DuPage County facility.

Case Corporation v. IEPA – The Board accepted for hearing this permit appeal involving a Rock Island

County facility.

Estate of Edmund F. Radkiewicz v. IEPA – The Board accepted for hearing this underground storage tank

appeal involving a DuPage County facility.

Midwest Illinois Auto/Truck Plaza, Inc. v. IEPA – The Board granted this request for a 90-day extension of

time to file an underground storage tank appeal on behalf of this Bond County facility.

Tri County FS, Inc. v. IEPA – No action taken.

Riverview FS, Inc. v. IEPA – The Board found and certified that specified facilities of Riverview FS, Inc.

located in Winnebago County are “pollution control facilities” for the purpose of preferential tax treatment under

the Property Tax Code (35 ILCS 200/11-10 (2000)).

IEPA v. Colorado Real Estate & Investment Company – The Board accepted an administrative citation

against this Peoria County respondent.

IEPA v. Lewey Shields, Lisa Shields, and Paul Shields – The Board accepted an administrative citation

against these Champaign County respondents.

In the Matter of: Proposed Amendments to Ammonia Nitrogen Standards 35 Ill. Adm. Code 302.212,

302.213, and 304.122 – The Board accepted for hearing the Illinois Association of Wastewater Agencies January

17, 2002 proposal to amend the Board’s water pollution control regulations. The Board granted petitioner’s motion

to waive the signature requirement.

Illinois Pollution Control Board Meeting

Illinois Pollution Control Board

Hearing Room 403

600 South Second Street

IEPA v. Brad Kristic (Kristic Property)

IEPA Docket No. 423-01-AC

Mercer County Courthouse

Floor Courtroom

100 SE Third Street

Environmental Register – January 2002

Illinois Pollution Control Board Meeting

Water Quality Triennial Review:

Amendments to 35 Ill. Adm. Code

302.208(e)-(g), 302.504(a), 302.575(d),

303.444, 309.141(h); and proposed 35 Ill.

Adm. Code 301.267, 301.313, 301.413,

304.120 and 309.157

Illinois Pollution Control Board

Hearing Room 403

600 South Second Street

Illinois Pollution Control Board Meeting

IEPA v. Alan Smith (Urbana/Alagna,

Natalie) IEPA Docket No. 171-01-AC

City Council Chambers

102 North Neil Street

Amendments to General Permitting

Provisions for Portable Emission Units:

Amendments to 35 Ill. Adm. Code 201

Illinois Pollution Control Board

Hearing Room 403

600 South Second Street

John M. Giertych v. 4T’s Management,

Kankakee City Hall

Council Room, Second Floor

385 East Oak Street

Illinois Pollution Control Board Meeting

Proposed Amendments to Ammonia

Nitrogen Standards 35 Ill. Adm. Code

302.212, 302.213 and 304.122

James R. Thompson Center

Conference Room 9-040

100 West Randolph Street

IEPA v. Charles Goodwin (Hull/Goodwin)

IEPA Docket No. 424-01-AC

Pike County Courthouse

100 East Washington

Illinois Pollution Control Board Meeting

IEPA v. Ivan R. Smith and Lois Smith

(Bainbridge Twp./Smith) IEPA Docket No.

Schuyler County Courthouse

102 South Congress

Amendments to General Permitting

Provisions for Portable Emission Units:

Amendments to 35 Ill. Adm. Code 201

James R. Thompson Center

100 West Randolph Street

Conference Room 11-512

Illinois Pollution Control Board Meeting

Proposed Amendments to Ammonia

Nitrogen Standards 35 Ill. Adm. Code

302.212, 302.213 and 304.122

Illinois Pollution Control Board

Hearing Room 403

600 South Second Street

Illinois Pollution Control Board Meeting

Illinois Pollution Control Board Meeting

Environmental Register – January 2002

IEPA Restricted Status List

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 Restricted 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

December 31, 2001.

Facility names followed by an asterisk (*) indicates that construction is underway to ultimately alleviate problems

that resulted in imposition of Restricted Status. Facilities followed by a double asterisk (**) are additions to the list.

FACILITY NAME RESPONSIBLE

AUTHORITY COUNTY

Bonnie Brae Forest Manor SD

Bonnie Brae Forest Manor SD

Bourbonnais (Belle Aire Subd.)

Village of Bourbonnais

Camelot Utilities

Wastewater Collection System

Camelot Utilities

(a portion mh 60-68)

Village of Camp Point

City of East Alton

City of Farmington

Village of Hinckley

Hurst & Blairville Collection

Lockport Heights STP**

City of Lockport

Maple Lawn Homes STP

Maple Lawn Homes

Village of Port Byron

Rosewood Heights S.D.-

Ninth Street LS

Rosewood Heights S.D.

South Palos Twp. SD

South Palos Twp.

South Palos Twp.

City of Streator

LaSalle/Livingston

Taylorville-Shawnee Ave.

City of Taylorville

Utilities Unlimited

Utilities Unlimited

Washington (Rolling Meadows)

City of Washington

Wauconda-Larksdale LS

Village of Wauconda

Winnebago-SS overflow to

Westfield LS; East 4 blocks of

Village of Winnebago

Deletions from previous quarterly report: 0

Environmental Register – January 2002

IEPA Critical Review Status List

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 December 31, 2001.

Facility names followed by a double asterisk (**) are additions to the list.

Village of Antioch

City of Beardstown

Benton-Southeast STP

Bethalto (L.S. #1)

Village of Bethalto

Village of Carrier Mills

City of Carrollton

City of Chester

Citizens Utilities Co. of Ill.-

Citizens Utilities Co.

Village of Dakota

Downers Grove S.D.

Downers Grove S.D.

City of Earlville

East Dundee STP

Village of E. Dundee

Village of Elkville

Ferson Creek Utilities Co.

Utilities, Inc.

Village of Herscher

County of Lake Public

Lake Barrington Home

Owners Assn. STP

Lake Barrington Home

Lindenhurst S.D.

Moline (North Slope)

Village of Mundelein

Village of Plainfield

Rock Island (Main)

City of Rock Island

Village of Sandwich

Thompsonville STP

Village of Thompsonville

Environmental Register – January 2002

Wauconda – Remaining

& Lakeview Villa LS

Village of Wauconda

Deletions from previous quarterly report: Bonnie Brae Forest Manor SD STP; Citizens Utilities Co. of Illinois-

Derby Meadows STP

***Contact IEPA – Permit Section

------------------------------------------------CUT HERE------------------------------------------------

Environmental Register Comment Card

The Illinois Pollution Control Board is an independent seven-member board

that adopts environmental control standards, rules on enforcement actions,

and other environmental disputes for the State of Illinois.

The Environmental Register is published monthly by the Board, and

updates on rulemakings, descriptions of final decisions, the Board’s hearing

calendar, and other environmental law information.

------------------------------------------------CUT HERE------------------------------------------------

Illinois Pollution Control Board

Environmental Register Coordinator

600 South Second Street, Suite 402

Springfield, Illinois 62704