1. No. 432 July 24, 1991
Printed by Authority of the State of Illinois, July 24, 1991, 3,700 copies, order #57701.
ENVIRONMENTAL REGISTER
ENVIRONMENTAL REGISTER
No. 432
July 24, 1991
BOARD PROPOSES ADDITIONAL USED
AND WASTE TIRE RULES FOR
PUBLIC COMMENT, R90-9(B)
On July 11, 1991 the Board adopted (7-0) a Proposed
Rule, Request for Public Comment in R90-9(B) Management
of Used and Waste Tires.
The proposed rules repeal the existing management
provisions for used and waste tires (Part 849), revise the
exemption for retreading facilities and "fine-tune" the pesticide
application provisions of Part 848, adopted April 25, 1991 in
Docket R90- 9(A). The Board will proceed to First Notice with
the proposed rules, plus any suggested changes, following
expiration of a short comment period. The comment period
expires August 1, 1991.
Copies of the Opinion are available from the Clerk of the
Board at (312) 814-3620. Questions concerning the proposal
may be directed to Mark P. Miller at (217) 333-5573.
BOARD PROPOSES DMI'S SITE SPECIFIC RULEMAKING
RELATED TO VOM EMISSIONS FOR FIRST NOTICE,
R91-9
On July 11, 1991 the Board proceeded to First Notice
without ruling on the merits of a site-specific rulemaking filed
by DMI, Inc. DMI's proposal was filed pursuant to Section 27
of the Illinois Environmental Protection Act (Act) (Ill. Rev. Stat.
1989, ch. 111 1/2, par. 1027).
The proposal would amend 35 Ill. Adm. Code 215 by
adding a new Section 215.215. The new Section would set an
emission rate for volatile organic material (VOM) emissions
from the paint deck operations of DMI's Goodfield, Illinois
plant of 3.5 lb/gal on a daily average for spray coat application,
4.2 lb/gal for the dip top coat application, and a rolling 30-day
average of 61 lb/day for the dip tank make-up solvent.
Persons wishing to comment should send written
comments referencing R91-9, to the Dorothy M. Gunn,Clerk,
Illinois Pollution Control Board, 100 West Randolph, Suite
11-500, Chicago, IL 60601.
WATERWAYS CRUISE AND ENVIRONMENTAL WORKSHOP - September 28, 1991!!
MORE INFORMATION AND TICKET FORM ON LAST PAGE!!
FINAL ACTIONS - JULY 10, 1991 BOARD
MEETING
*
PCB 72-326
IEPA v. Velsicol Chemical Corp and
PCB 72-355
Velsicol Chemical Corp. v. IEPA - Due to unusual circumstances justifying relief requested, the Board reopened the
docket, granted Velsicor's motion for modification or termination of the Board's April 5, 1973 order and terminated
paragraph 2(b) to allow completion of the remediation plan concerning Velsicor's Clark County facility. Board
Member J.D. Dumelle concurred.
PCB 87-191
Lefton Iron and Metal Co. Inc., a Missouri Corp. et al v. Moss-American Corp., a Delaware Corp. et al. The Board
found petitioner alleged no compelling reason as to why the Board should reopen this docket and denied the motion
for reconsideration of its November 29, 1990 Order.
PCB 89-157
(A) & (B)
People of the State of Illinois v. Clybourn Metal Finishing Co. - The Board found respondent violated the Act and
Board air pollution regulations at its Cook County facility, ordered respondent to pay a penalty of $12,000 for deposit
into the Environmental Protection Trust Fund, to cease and desist from further violations, ordered the Attorney
General to file an affidavit of costs to be assessed in subdocket (B), and closed Docket A. Board Members R.
Flemal, J. Marlin, and J. T. Meyer concurred. Board Member J. Anderson dissented.
PCB 90-37
People of the State of Illinois v. Nesco Steel Barrel Co. - The Board accepted the Stipulation and Settlement
Page 2/July 24, 1991
Environmental Register No. 424
Agreement in which respondent denied alleged violations of the Act and Board air pollution regulations and agreed to
pay a sum of $7,000 to the Environmental Protecton Trust Fund concerning its Madison County facility. Board
Member J.D. Dumelle concurred.
PCB 90-122
City of Lockport v. IEPA - The Board accepted the Agency Recommendation and granted petitioner variance, with
conditions, from the Board's public water supplies regulations concerning Standards for Issuance and Restricted
Status relating to the standard for radium and gross alpha particle activity in drinking water concerning its Will County
facility. Board Members J.D. Dumelle and B. Forcade dissented.
PCB 91-4
Sexton Environmental Systems, Inc. v. IEPA - The Board granted the Agency's motion for reconsideration of its April
25, 1991 order, but declined to modify its order concerning hazardous waste treatment fee requirements for
petitioner's Cook County facility. Board Members J.D. Dumelle, B. Forcade and R. Flemal dissented.
PCB 91-19
People of the State of Illinois v. Sun AG, Inc., an Illinois Corp. - The Board accepted the Stipulation and Settlement
Agreement in which respondent admitted to past violations of the Act and Board water pollution regulations, agreed
to pay a civil penalty of $20,000 for deposit to the Environmental Protection Trust Fund and $1,218.05 to the Fish and
Wildlife Fund, and agreed to cease and desist from further violations concerning its Woodford County facility. Board
Member J. Theodore Meyer dissented and Board Member J.D. Dumelle concurred.
PCB 91-59
Village of Westmont v. IEPA - The Board accepted the Agency Recommendation and granted petitioner variance,
with conditions, from the Board's public water supplies regulations concerning Standards for Issuance and Restricted
Status relating to standards for combined radium-226 and radium-228 in drinking water concerning its DuPage
County facility. Board Members J. D. Dumelle and B. Forcade dissented.
PCB 91-61
Big River Zinc Corp. v. IEPA - This matter was dismissed on petitioner's motion to withdraw. Issues raised with
regard to reconsideration of the challenged portion of the Board's Interim Order of May 6, 1991 were deferred to
docket R91-11.
PCB 91-114
City of Fairbury v. IEPA - The Board accepted the Agency Recommendation and granted petitioner provisional
variance, with conditions, from the Board's water pollution regulations for its Livingston County facility. Board
Members J.D. Dumelle and B. Forcade concurred.
PCB 91-115
General Electric Co. v. IEPA - The Board accepted the Agency Recommendation and granted petitioner provisional
variance from the Board's waste disposal regulations relating to the 90-day on-site limitations for hazardous wastes at
its McLean County facility. Board Members J.D. Dumelle and B. Forcade concurred.
PCB 91-116
Mobil Chemical Co. v. IEPA - The Board accepted the Agency Recommendation and granted petitioner provisional
variance from the Board's waste disposal regulations relating to the 90-day on-site limitations for hazardous wastes at
its Morgan County facility. Board Members J.D. Dumelle and B. Forcade concurred.
PCB 91-117
Greater Rockford Airport Authority v. IEPA - The Board accepted the Agency Recommendation and granted petitioner
provisional variance from the Board's waste disposal regulations relating to the 90-day on-site limitations for
hazardous wastes at its Winnebago County facility. Board Members J.D. Dumelle and B. Forcade concurred.
AC 88-62
IEPA v. City of Chicago, a municipal corp. - This matter was dismissed on the Agency's motion.
AC 91-25
IEPA v. Upper Rock Island County Landfill - The Board found respondent violated Sections 21(p)(1), 21(p)(5),
21(P)(11) and 21(p)(12) of the Act and imposed a fine of $2,000.
AC 91-26
Logan County Health Dept. v. Lincoln/Logan Landfill, Inc. - The Board found respondent violated Sections
21(p)(5),21(p)(11) and 21(p)(12) of the Act and imposed a fine of $1,500.
AC 91-27
Logan County Health Dept. v. Lincoln/Logan Landfill, Inc. The Board found respondent violated Sections 21(p)(1),
21(p)(5), 21(p)(11) and 21(p)(12) of the Act and imposed a fine of $2,000.
AS 90-7
In The Matter Of: Petition of Quantum Chemical Corp., USI Division for an Adjusted Standard from 35 Ill. Adm. Code
720.130 - This matter was dismissed on petitioner's motion.
R90-22
In The Matter Of: Petition of Keystone Steel and Wire Co. for Hazardous Waste Delisting - This matter was
dismissed on petitioner's motion.
NEW CASES - JULY 11, 1991 BOARD MEETING.
PCB 91-104
Village of Fox River Grove v. IEPA - Petitioner seeks variance concerning contamination from certain nearby property
affecting the public water supply well at its McHenry County facility. Additional information requested.
Environmental Register No. 432
July 24, 1991/Page 3
PCB 91-105
National Steel Corp. Granite City Division v. IEPA - Petitioner seeks permit review for its Madison County facility.
Accepted for hearing.
PCB 91-106
Richard Worthen et al v. Village of Roxana et al. - Petitioners seek review of the Village of Roxana granting site
location suitability approval for a Madison County facility. Accepted for hearing.
PCB 91-107
Village of Oak Brook v. IEPA - Petitioner seeks variance from the Board's public water supplies regulations
concerning radium for its DuPage/Cook County facility. Held for Agency Recommendation.
PCB 91-108
Israel-Gerold's, an Illinois General Partnership et al v. IEPA - Petitioner seeks review of an underground storage tank
fund reimbursement determination concerning its DuPage County facility. Accepted for hearing.
PCB 91-109
North Suburban Development Corp. v. IEPA - Petitioner seeks review of an underground storage tank fund
reimbursement determination concerning its Cook County facility. Accepted for hearing.
PCB 91-110
Indian Refining Limited Partnership v. IEPA - Petitioner seeks review of the Agency's denial of its renewal
applications for operating permits concerning its Lawrence County facility. Accepted for hearing.
PCB 91-111
Village of Oswego v. IEPA - Petitioner seeks variance from the Board's public water supplies regulations concerning
Standards for Issuance and Restricted Status relating to the combined radium-226 and radium-228 concentration for
its Kendall County facility. Held for Agency Recommendation.
PCB 91-112
Williamson Adhesives, Inc. v. IEPA - Petitioner seeks review of an underground storage tank fund reimbursement
determination for its Cook County facility. Accepted for hearing.
PCB 91-113
Department of the Army v. IEPA - Petitioner seeks variance for its bankline disposal of dredged material from the
Illinois River for its Rock Island facility. Additional information requested.
PCB 91-114
City of Fairbury v. IEPA - See Final Actions
PCB 91-115
General Electric Co. v. IEPA - See Final Actions
PCB 91-116
Mobil Chemical Co. v. IEPA - See Final Actions
PCB 91-117
Greater Rockford Airport Authority v. IEPA - See Final Actions.
PCB 91-118
City of Braidwood v. IEPA - Petitioner seeks variance for its Will County facility. Additional information requested.
PCB 91-119
White County Board v. IEPA - Petitioner seeks variance extension for its White County facility. Additional information
requested.
CALENDAR
July 26
W-V
Commonwealth Edison Company v. EPA - PCB 91-29, Will County Courthouse, 14 W.
10:00 a.m.
Jefferson St., Fourth Floor, Joliet.
July 31
P-A
Indian Refining Limited Partnership and Indian Refining Company v. EPA - PCB 91-84,
10:00 a.m.
Lawrenceville Civic Center, Downstairs Meeting Room, 700 E. State St., Lawrenceville.
July 31
A-S
Petition of Olin Corporation for and Adjusted Standard from 35 Ill. Adm. Code 724 and 725 11:00 a.m.
(related to Closure and Post Closure of RCRA Regulated Surface Impoundments)
Council Chambers, Edwardsville City Hall, 400 N. Main St., Edwardsville.
August 1
P-A
Indian Refining Limited Partnership and Indian Refining Company v. EPA - PCB 91-84
10:00 a.m.
Lawrenceville Civic Center, Downstairs Meeting Room, 700 E. State St., Lawrenceville.
August 2
P-A
Quantum Chemical Corp., USI Division v. EPA - PCB 91-6, Tuscola City Council Chambers,
10:00 a.m.
Tuscola Community Building, 122 W. North Central, Tuscola.
August 5
N-E
Susan A. Curtis and Marcy Diesing v. Material Service Corporation - PCB 91-30,
10:00 a.m.
A-E
Crystal Lake City Hall, Council Chambers, 101 W. Municipal Complex, Crystal Lake.
August 8
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room 9-040,
Page 4/July 24, 1991
Environmental Register No. 424
Chicago.
August 19
P-A
Merle K. Buerkett d/b/a Buerkett Airport Landfill v. EPA - PCB 91-101, Municipal Building 9:30 a.m.
Council Chambers, Third Floor, Seventh & Monroe Sts., Springfield.
August 20
P-A
Pekin Energy Company v. EPA - PCB 89-171, Tazewell County Board Room, 11 S. Fourth St.,
10:00 a.m.
Third Floor, Pekin.
August 20
P-A
FIW, Inc. v. EPA - PCB 90-141, Rockford Public Library, 215 N. Wyman, Room A, Lower 10:00 a.m.
Level, Rockford.
August 22
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room 9-040,
Chicago.
August 23
P-A
General Electric Company (Mattoon Lamp Plant) v. EPA - PCB 90-65, Coles County
9:30 a.m.
Courthouse, County Board Room, Third Floor, Charleston.
August 26
N-ERonald E. Tex and Susan D. Tex v. Scott Coggeshall and Coggeshall Construction Company,
10:00 a.m.
Chester Bross, Mike Bross Jeff Bross and Chester Bross Construction Company, PCB 90-182, McDonough County
Courthouse, Law Library, Third Floor, Macomb.
August 27
A-V
DMI, Inc. v. EPA - PCB 90-227, Woodford County Courthouse, County Board Room, 115
10:00 a.m.
N. Main St., Eureka.
August 27
R
In the Matter of: General Motors Corp. Exception to 35 Ill. Adm. Code 216.381 for Ferrous 10:00 a.m.
Foundries in Vermilion County - R 90-23, Northeastern Illinois Planning Commission,
400 W. Madison St., Chicago.
August 27
R
In the Matter of: Petition of DMI, Inc. for Site-Specific Air Regulation 35 Ill. Adm. Code 1:00 p.m.
215.215 - R91-9, Woodford County Courthouse, County Board Room, 114 N. Main St., Eureka.
August 28
SWH-E
EPA v. Fred Johnson, Johnson & Briggs Tank Truck Service, a/k/a Johnson & Briggs Tank
9:30 a.m.
Truck & Heater Service - PCB 90-89, Edwards County Courthouse, Albion.
August 29
SWH-E
EPA v. Fred Johnson, Johnson & Briggs Tank Truck Service, a/k/a Johnson & Briggs Tank
9:30 a.m.
Truck & Heater Service - PCB 90-89, Edwards County Courthouse, Albion.
August 29
UST-FRD Walter J. Maquet and Marlene G. Maquet d/b/a Maquet's 66 Service - PCB 90-136,
9:30 a.m.
Taxewell County Courhouse, County Board Room, Court Street, Pekin.
August 29
A-C
EPA v. Quantum Chemical Corporation - AC 89-275, Tuscola City Council Chambers, Tuscola 10:00
a.m.
Community Building, 122 W. North Central, Tuscola.
August 29
R
In the Matter of: General Motors Corp. Exception to 35 Ill. Adm. Code 216.381 for Ferrous 9:30 a.m.
Foundries in Vermilion County - R90-23, Danville City Hall, 401 N. Hasel, Danville.
August 30
P-A
Safety-Kleen Corporation v. EPA - PCB 91-82, Tazewell County Courthouse, County Board
9:15 a.m.
Room, Pekin.
September 3
P-A
Jefferson Smurfit Corporation v. EPA - PCB 88-175, Council Chambers, Alton City Hall, 101 10:00 a.m.
E. Third St., Alton.
September 5
P-A
Rockford Products Corporation v. EPA - PCB 91-31, Rockford Public Library, Room A, Lower
10:00 a.m.
Level, 215 N. Wyman, Rockford.
September 12
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room 9-040,
Chicago.
September 16
P-A
Olin Corporation v. EPA - PCB 89-178, Alton City Hall, 101 E. Third St., Alton.
10:00 a.m.
September 16
N-E
Vito Zivoli & Stella Podczerwindki v. Somebody's Bar & Restaurant and Progress Inv. II - PCB 10:00
a.m.
90-200, State of Illinois Center, 100 W. Randolph St., Suite 11-500, Chicago.
September 20
P-A
American Steel & Wire Corporation v. EPA - PCB 90-188, Will County Courthouse,
Environmental Register No. 432
July 24, 1991/Page 5
9:30 a.m.
14 W. Jefferson St., Joliet.
September 23
PWS-E
Wonder View Improvement Association v. Northern Illinois Utilities, Inc. - PCB 91-48,
10:00 a.m.
McHenry City Hall, 333 S. Green, McHenry.
September 25
P-A
Monsanto Company v. EPA - PCB 91-57, Sauget Village Hall, 2897 Falling Springs Rd.
10:00 a.m.
Sauget.
September 26
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room 9-040,
Chicago.
September 27
A-E
People of the State of Illinois v. Colwell General, Inc. - PCB 89-180, State of Illinois Center, 10:00 a.m.
100 W. Randolph St., Suite 11-500, Chicago.
October 3
N-E
Karl Christ and Helen Christ v. Compost Enterprises, Inc. -
10:00 a.m.
A-E
PCB 91-50, McHenry City Hall, 333 S. Green St., McHenry.
October 10
P-A
The Celotex Corporation v. EPA - PCB 90-197, Adams County Building, Small Jury Room, 10:30 a.m.
521 Vermont St., Quincy.
October 10
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room 9-040,
Chicago.
October 24
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room 9-040,
Chicago.
November 7
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room 9-040,
Chicago.
November 11
A-S
In the Matter of Granite City Division of National Steel for Adjusted Standards from 35 Ill. 10:00 a.m.
Amd. Code 301.102, 302.208, 302.210 and Subpart F, Procedures for Determining
Water Quality Criteria - AS 90-4, City Hall, Mayor's Conference Room, Second Floor, 200 Edison
Avenue, Granite City.
* Times and locations of hearings and meetings appearing in the Environmental Register are subject to cancellation or rescheduling
without notice. Confirmation of that information may be obtained from the Clerk of the Board at 312/814-6931.
** The Pollution Control Board meetings listed in the calendar (highlighted) are unlike the other hearings listed in that, while they are
open to the public, public participation is generally not allowed, except upon the granting of a motion for oral argument.
CALENDAR CODE:
A-C
ADMINISTRATIVE CITATION
A-E
AIR ENFORCEMENT
A-S
ADJUSTED STANDARD
A-V
AIR VARIANCE
CSO
COMBINED SEWER
L-E
LAND ENFORCEMENT
OVERFLOW EXCEPTION
L-S-R
LANDFILL SITING REVIEW
L-V
LAND VARIANCE
N-E
NOISE ENFORCEMENT
N-V
NOISE VARIANCE
P-A
PERMIT APPEAL
PWS-E
PUBLIC WATER SUPPLY ENFORCEMENT
PWS-V
PUBLIC WATER SUPPLY VARIANCE
R
REGULATORY PROCEEDING
S0
2
S0
2
ALTERNATIVE STANDARDS
SWH-E
SPECIAL WASTE HAULING ENFORCEMENT
SWH-V
SPECIAL WASTE HAULING VARIANCE
T
THERMAL DEMONSTRATION RULE
(35 ILL. ADM. CODE 302.211(F)
T-C
TAX CERTIFICATIONS
T-S
TRADE SECRETS
W-E
WATER ENFORCEMENT
W-V
WATER VARIANCE
WWS
WATER-WELL SETBACK EXCEPTION
UST-FRD UNDERGROUND STORAGE TANK FUND REIMBURSEMENT DETERMINATION
WATERWAYS CRUISE AND ENVIRONMENTAL WORKSHOP
WATERWAYS CRUISE AND ENVIRONMENTAL WORKSHOP
EILEEN JOHNSTON is organizing another fabulous waterways cruise and floating seminar for September
28, 1991. 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. Particpants will view pictures of what the areas looked like
Page 6/July 24, 1991
Environmental Register No. 424
twenty years ago when the pollution was unbelievable. Speakers from state and federal agencies and industries
will discuss the environemtnal progess made, pollutions abatement and current problems.
The cruise is on the Wendella and is 72 miles long. Participants will view the ever changing and exciting
shoreline and skyline 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 city 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 we 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
Please make reservation before September 20, 1991. Space is limited, so the sooner the better!
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