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

In February, the Pollution Control Board (Board) adopted new

regulations to protect rivers, lakes, and streams in the State of Illinois.

The Board also adopted for second notice, rulemakings that address

issues involving remediation of contaminated sites.

On February 21, 2002, the Board adopted Revisions to Antidegradation

Rules: 35 Ill. Adm. Code 302.105, 303.205, 303.206 and 102.800-

102.830, R01-13. The Illinois Environmental Protection Agency

(IEPA) initiated this rulemaking with the Board in August 2001 to

revise the antidegradation rules. The antidegradation regulations are

designed to maintain the quality of existing bodies of water by setting

the minimum level of protection for water quality.

This rulemaking created the process for designating “outstanding

resource waters” (ORW) for the State of Illinois. Under the ORW process, the Board will use rulemaking

procedures to make ORW determinations. The Board must designate a body of water as ORW if it determines that

the body of water is of exceptional ecological or recreational significance, and the benefits of the designation

outweigh the economic or social opportunities that would be lost because of the designation.

Those seeking the ORW designation must identify and describe the body of water. They must provide an analysis

of the health, environmental, recreational, aesthetic and economic impacts of the designation and a statement of

impact on social and economic development in the local and regional community. The new regulations also require

that the petitioner submit a statement describing the existing and anticipated uses of the water body proposed for

Also at the February 21, 2002 meeting, the Board adopted orders sending two rulemakings to second notice. The

first rulemaking was Site Remediation Program: Amendments to 35 Ill. Adm. Code 740, R01-27 and Site

Remediation Program: Proposed 35 Ill. Adm. Code 740.Subpart H (Public Schools), R01-29. The IEPA initiated

R01-27 to correct and clarify language in the regulations where problems had been encountered during

implementation of the program. Included in the IEPA’s proposal were new regulations regarding laboratory

accreditation, soil management zones, and recognition of the work performed by Licensed Professional Geologists

(LGP) in site remediation activities. However, the Board removed all references to LPG’s from its second-notice

opinion and order in response to comments submitted by the Illinois Chapter of the American Institute of

Professional Geologists during the first notice period.

The addition of Subpart H was a proposal filed by the Citizens for Better Environment (CBE) partially in response

to complications of site remediation at Finkl Academy and Zapata Academy in Cook County. Both schools were

built on sites undergoing remediation and both schools were opened prior to completion of the remedial work. The

initial proposal called for amendments to Site Remediation Program rules relating to schools, public parks, and

playgrounds. However, CBE amended its proposal to deal with sites undergoing remediation with a future intended

use as a public school only. This proposal adds requirements to ensure completion of all remedial activities and

receipt of a No Further Remediation Letter prior to the school being opened.

The second rulemaking adopted for second notice was Amendments to Regulation of Petroleum Leaking

Underground Storage Tanks: 35 Ill. Adm. Code 732, R01-26. This IEPA proposal revises the underground storage

tank (UST) regulations by clarifying and amending procedures and standards utilized in the leaking UST program

and establishes methyl tertiary-butyl ether (MTBE) as a chemical to be tested for in remediation projects. Owners

and operators of leaking USTs who take on “Early Action” remedial activities may qualify for reimbursement from

the UST fund. At second notice, the Board accepted the IEPA’s suggestion of “plus 7 days” on the start date for

the beginning of the 45-day Early Action/reimbursement period to address an issue that has come before the Board

in UST reimbursement cases. The Board also removed all references to LPG’s in response to comments from the

American Institute of Professional Geologists.

Details on these rulemakings can be found on the Board’s Web site at www.ipcb.state.il.us, or by contacting the

Board’s pubic information officer, Connie Newman, at 217-782-7630 or newmanc@ipcb.state.il.us.

Claire A. Manning, Chairman

Environmental Register – February 2002

Inside This Issue:

APPELLATE UPDATE

Federal Update

United States Environmental Protection Agency Adopts Interim Standards Under the Clean Air Act for

Air

Pollutants Emitted by

Waste Combustors

On February 13, 2002, the United States Environmental Protection Agency (USEPA) adopted interim national

emissions standards for hazardous air pollutants (NESHAP) to control emissions of hazardous air pollutants from

waste combustors such as incinerators, cement kilns and lightweight aggregate kilns that burn hazardous wastes.

The interim standards include compliance and implementation amendments. USEPA stated that promulgation of

interim standards now avoided severe problems related to its developing the Maximum Achievable Control

Technology (MACT) on a source-by-source basis pursuant to section 112(j)(2) of the Clean Air Act, which applies

if there are no national standards in place. USEPA believes that adopting this interim NESHAP now best fulfills the

statutory requirement to have national emission standards in place by a specified time, while avoiding unnecessary

disruption and burden to regulated industry and affected state and federal administrative agencies. Final standards

in this category are due to be adopted by June 14, 2005.

This final rule was effective on February 13, 2002 with a September 30, 2003 compliance date.

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

For more information, contact Frank Behan at 703-308-8476, behan.frank@epa.gov, or Michael Galbraith at 703-

605-0567, galbraith.michael@epa.gov, or write to them at the Office of Solid Waste, 5302W, U.S. EPA, Ariel Rios

Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.

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

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

United States Environmental Protection Agency Adopts Standards Under the Clean Air Act

for Hazardous

Air Pollutants

for Hazardous Waste Combustors

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

rules implementing the emission standards for hazardous waste-burning cement kilns, lightweight aggregate kilns,

and incinerators. These adopted amendments do not change the numerical emission standards, but rather focus on

improvements to the implementation of the emission standards, primarily in the areas of compliance, testing and

monitoring. (A related final rule establishing interim emission standards was published in the Federal Register on

February 13, 2002, as described immediately above.)

This rule is effective on February 14, 2002.

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

For more information, contact Frank Behan at 703-308-8476, behan.frank@epa.gov, or Michael Galbraith at 703-

Environmental Register – February 2002

605-0567, galbraith.michael@epa.gov, or write to them at the Office of Solid Waste, 5302W, U.S. EPA, Ariel Rios

Building, 1200 Pennsylvania Avenue, NW, Washington, DC 20460.

Pursuant to Section 9.1(b) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(b) (1998)), once adopted by

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

United States Environmental Protection Agency Gives Notice Under the Federal Insecticide, Fungicide, and

Rodenticide Act of a Request to Cancel Certain Products and Uses of Chromated Copper

Arsenate Wood

Preservative Products

On February 22, 2002, under section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA),

the United States Environmental Protection Agency published notice of the receipt of a request from registrants of

affected chromated copper

arsenate (CCA) products to cancel certain products and to terminate certain uses of other

Residential uses of CCA treated products include play-structures, decks, picnic tables, landscaping timbers,

residential fencing, patios, and walkways/boardwalks. In the notice, USEPA stated that phasing out the use of CCA

treated wood products will assist in minimizing exposure to arsenic in many residential settings. USEPA

announced its intentions to grant these requests at the close of the comment period for the announcement (comments

must be received on or before March 25, 2002), unless USEPA receives substantive comments that would merit its

further review of these requests. If USEPA does grant this request, any sale, distribution, or use of CCA products

will only be permitted if such distribution, sale, or use is consistent with the terms established by USEPA.

For further information contact: Bonaventure Akinlosotu, Antimircrobial Division (7510C), Office of Pesticide

Programs, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.

United States Environmental Protection Agency Adopts Amendments Regulating Fuel, Fuel

Additives, and

Reformulated Gasoline Transition Under the Clean Air Act

On February 26, 2002, the United States Environmental Protection Agency (USEPA) adopted amendments to

improve flexibility for refiners and terminal operators during their springtime transition to summer grade

reformulated gasoline (RFG).

USEPA’s adopted rule eliminated the requirements for blendstock tracking and accounting. This change is

designed to increase refiners' flexibility to transfer gasoline blendstocks, and help to improve the responsiveness of

the gasoline supply system by removing some significant refinery compliance and reporting requirements. This

action was intended to help ease the annual spring transition from winter grade RFG to summer grade RFG by

promoting improved RFG inventories during this transition period.

USEPA also made technical modifications to existing regulations to update 1) certain ASTM designated analytical

test methods for reformulated and conventional gasoline to the most recent ASTM version, and 2) several sampling

methods to the most recent ASTM version.

This rule is effective April 29, 2002, except for the amendments to 40 CFR 80.65, 80.92, 80.101, 80.102, 80.104,

80.105, 80.106, and 80.128 (sections dealing with the elimination of blendstock accounting), which are effective

February 26, 2002.

For further information about this rule, contact Chris McKenna, Chemical Engineer, Office of

Transportation and Air Quality, Transportation and Regional Programs Division, at (202) 564-9037 or

mckenna.chris@epa.gov.

Environmental Register – February 2002

United States Environmental Protection Agency Adopts National Emission Standards Under the Clean Air

Act for Hazardous Air Pollutants for Leather

On February 27, 2002, the United States Environmental Protection Agency (USEPA) adopted national emission

standards for hazardous air pollutants (NESHAP) for leather

finishing operations.

USEPA has identified leather finishing facilities as major sources of emissions of hazardous air pollutants (HAP),

such as glycol ethers, toluene, and xylene. These NESHAPs will implement section 112(d) of the Clean Air Act

(CAA) by requiring all leather

finishing operations that are major sources to meet HAP emission standards

reflecting the application of the maximum achievable control technology (MACT). USEPA estimated that the final

NESHAP would reduce nationwide emissions of HAP from leather

finishing operations by 375 tons per year (tpy).

In addition, the final NESHAP reduces non-HAP emissions of volatile organic compounds (VOC) by 750 tpy. The

emissions reductions achieved by these final NESHAPs, when combined with the emissions reductions achieved by

other similar standards, are expected to provide protection to the public and achieve a primary goal of the CAA.

These amendments were effective February 27, 2002.

For information concerning the analyses performed in developing these NESHAP, contact Mr. William Schrock,

Organic Chemicals Group, Emission Standards Division, (MD-13), U.S. EPA, Research Triangle Park, North

Carolina 27711; telephone number (919) 541-5032; facsimile number (919) 541-3470; electronic mail address:

schrock.bill@epa.gov.

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

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

United States Environmental Protection Agency Gives Notice of the Development of Ecoregional Nutrient

for Lakes and Reservoirs, and Rivers and Streams Under the Clean Water Act

On February 28, 2002, the United States Environmental Protection Agency (USEPA), pursuant to Section 304(a) of

the Clean Water Act (CWA), announced the publication and availability of nine additional Section 304(a)

ecoregional nutrient

criteria documents for lakes and reservoirs, and rivers and streams within specific geographic

regions (ecoregions) of the United States. (An ecoregion is a geographic area with assumed relative homogeneity of

ecological characteristics.)

These nine documents supplement the 17 ecoregional nutrient

criteria documents for lakes and reservoirs, rivers and

streams and wetlands announced by EPA on January 9, 2001 (66 FR 1671). These documents give States,

Territories, and authorized Tribes information to develop numeric nutrient

criteria for lakes and reservoirs, rivers

and streams, and wetlands within several different nutrient ecoregions.

While the nine documents contain USEPA's scientific recommendations regarding ecoregional nutrient

information and recommendations are not regulations and do not impose legally binding requirements on USEPA,

States, authorized Tribes, or the public. States and authorized Tribes retain the discretion to adopt water quality

criteria that differ from these recommendations based on other scientifically defensible approaches to developing

regional or local nutrient

USEPA is accepting scientific views on these criteria and will review and consider information submitted on

significant scientific issues and site-specific data that might not have otherwise been identified by the Agency

during development of these criteria.

A summary of the comments received by USEPA on the drafts of the criteria documents is available on the

USEPA's Internet website at: http://www.epa.gov/ost/standards/

For more information contact Robert Cantilli, U.S. EPA, Health and Ecological Criteria

Division (4304), Office of

Science and Technology, Ariel Rios Building, 1200 Pennsylvania Ave., NW, Washington, DC 20460; or call (202)

566-1091; or e-mail cantilli.robert@epa.gov.

Environmental Register – February 2002

Rule Update

Board Adopts Second-notice Opinion and Order in Site Remediation Program: Amendments to 35 Ill. Adm.

Code 740; and Site Remediation Program: Proposed 35 Ill. Adm. Code 740, Subpart H (Schools, Public

Parks, and Playgrounds), R01-27/R01-29 (Consolidated)

On February 21, 2002, the Board adopted a second-notice opinion and order in the consolidated dockets Site

Remediation Program: Amendments to 35 Ill. Adm. Code 740; and In the Matter of: Site Remediation Program:

Proposed 35 Ill. Adm. Code 740, Subpart H (Schools, Public Parks, and Playgrounds), R01-27/R01-29. In response

to public comments, the Board amended the rules it proposed at first notice and sent the rulemaking, pursuant to the

Illinois Administrative Procedure Act (5 ILCS 100/1-1

(2000)), to the Joint Committee on Administrative

Rules (JCAR) for review and consideration.

This rulemaking was initiated by a proposal filed on January 12, 2001, by the Illinois Environmental Protection

Agency (Agency) to amend 35 Ill. Adm. Code 740 of the Board’s land regulations, commonly referred to as the Site

Remediation Program (SRP) rules. The Board accepted this matter for hearing on January 18, 2001.

Remediation Program: Amendments to 35 Ill. Adm. Code 740, R01-27 (Jan. 18, 2001). On January 26, 2001, the

Citizens for a Better Environment (CBE) also filed a proposal to amend the SRP rules. CBE proposed amending the

SRP rules by adding a Subpart H relating to schools, public parks, and playgrounds.

Site Remediation Program:

Proposed 35 Ill. Adm. Code 740.Subpart H (Schools, Public Parks, and Playgrounds), R01-29. The Board accepted

CBE’s proposal for hearing on February 1, 2001, and consolidated it with the Agency’s proposal.

The Board held two hearings on the consolidated proposals on April 4, 2001 and February 28, 2001. The Board

adopted its first notice opinion and order on November 1, 2001. The first-notice proposal was published in the

Illinois Register

on November 16, 2001.

The SRP rules establish a voluntary program that participants may use to investigate releases and clean up

contaminated sites. The SRP regulations give participants the opportunity to obtain Agency approval of

remediation costs before applying for environmental remediation tax credits for the cleanup. The amendments the

Board proposed at first notice are based on the experience gained by the Agency in administering the rules for over

three years. One amendment that was included in the first-notice proposal was the addition of language adding a

definition for “Licensed Professional Geologist” at Section 740.120 and amending Sections 740.405, 740.410, and

740.425 to specifically name LPGs as individuals who may perform certain remedial activities that were previously

limited to only a Licensed Professional Engineer (LPE). However, even with the proposed amendment, all plans

and reports submitted for review and evaluation by LPGs would still be prepared by, or under the supervision of an

As suggested by CBE, additional protections were added for public schools. Procedural requirements were added to

ensure the receipt of a No Further Remediation (NFR) Letter before schools open, maintenance of institutional

controls and engineered barriers, and enhanced public participation at remediation sites that will eventually be used

During the first-notice public comment period, the Board received a public comment from the Illinois Chapter

American Institute of Professional Geologists (AIPG). The AIPG opposed the Board's first-notice proposal because

they believe it conflicted with the Professional Geologist Licensing Act (225 ILCS 745). They suggested that the

Board entirely delete the proposed amendments to 35 IAC 740.404(b) and allow the matter to be addressed by the

General Assembly. PC 7 (R01-27) at 1. The Board did so.

For additional information contact Bill Murphy at 312/814-6062; e-mail address: murphym@ipcb.state.il.us.

Environmental Register – February 2002

Board Adopts Second-notice Opinion and Order in Amendments to Regulation of Petroleum Leaking

Underground Storage Tanks: 35 Ill. Adm. Code 732, R01-26

On February 21, 2002, the Board adopted a second-notice opinion and order in Amendments to Regulation of

Petroleum Leaking Underground Storage Tanks: 35 Ill. Adm. Code 732, R01-26. In response to public comments,

the Board amended the rules it proposed at first notice, sending the rulemaking to second notice, pursuant to the

Illinois Administrative Procedure Act (5 ILCS 100/1-1

(2000)), for review and consideration by the Joint

Committee on Administrative Rules (JCAR).

This rulemaking proposal was initiated by

a proposal filed with the Board on December 6, 2000 by the Illinois

Environmental Protection Agency (Agency). The Agency submitted this proposal to the Board in order to clarify

and refine Part 732 in accordance with the experience that the Agency gained in administering the regulations since

adoption in 1994 and amendments in 1997.

Regulation of Petroleum Leaking Underground Storage Tanks 35

Ill. Adm. Code 732 (Pursuant to P.A. 88-496), R94-2(A) (Sept. 15, 1994) (original UST regulations); Regulation of

Petroleum Leaking Underground Storage Tanks (35 Ill. Adm. Code 732), R97-10(March 6, 1997).

The Board held two hearings on the consolidated proposals on April 3, 2001 and February 27, 2001. The Board

adopted its first notice opinion and order on November 1, 2001. The first-notice proposal was published in the

Illinois Register

on November 16, 2001.

The Board’s first notice proposal included rules allowing licensed professional geologists (LPGs) to practice

pursuant to Part 732; off-site access for underground storage tank (UST) owners and operators including alerting

off-site owners about migration of contamination and “best efforts” to obtain off-site access; adding methyl tertiary-

butyl ether (MTBE) as an indicator contaminant; a Memorandum of Agreement (MOA) between the Agency and

the Illinois Department of Transportation (IDOT) allowing “No Further Remediation” (NFR) Letters to be

perfected; and a Land Use Control Memorandum of Agreement (LUC MOA) between the Agency and federal

landholding entities to allow the recording and perfection of NFR Letters at federally-owned sites.

During the first-notice public comment period the Board received comments from the Illinois Chapter American

Institute of Professional Geologists (AIPG) that opposed the Board’s proposed amendments allowing LPGs to work

under the supervision of Licensed Professional Engineers (LPEs). AIPG claimed that the Board’s proposal was

unnecessary because anyone may conduct UST-related activities under the supervision of an LPE. AIPG also

claimed that the General Assembly, in authorizing the regulations and licensing of LPGs, did not require LPGs to

practice under LPEs. AIPG opposed language that the Board proposed at 35 Ill. Adm. Code 732.307(e) prohibiting

LPGs from taking the lead in performing investigations of migration pathways at UST sites. AIPG stated that these

matters should be addressed by the General Assembly. PC 12 at 1-2. Accordingly, AIPG requested that the Board

remove LPGs from the proposal. The Board did so.

Another issue addressed by the Board at second notice dealt with the issue of Early Action activities in instances

where there has been a confirmed release of petroleum from an UST. At first notice, the Board declined to adopt

the Agency’s proposed change for the trigger date because it was not entirely clear from the Agency’s proposal

which of several required notifications to Illinois Emergency Management Agency (IEMA) should be the trigger

date. In its proposal, the Agency proposed language to change and clarify the trigger for reimbursement of

corrective action costs at the start of the 45-day Early Action period. The Agency’s proposal would have switched

the trigger for reimbursement from confirmation of an UST release to the initial notification to IEMA. The Agency

claimed that the initial notification to IEMA is “clearly documented”, whereas confirmation of a release was not.

Amendments to 35 Ill. Adm. Code 732; Regulation of Petroleum Leaking Underground Storage Tanks, R01-26

(Nov. 1, 2001), slip op. at 13-14.

In its second notice opinion and order, the Board accepted and adopted alternative language the Agency suggested

in its first-notice comments. The Agency proposed that, for purposes of reimbursement, authorized activities must

be performed within 45 days “plus seven” of the initial notification to IEMA of a release. This incorporates the

policy in Office of the State Fire Marshall regulations that requires owners or operators to notify IEMA upon

confirmation of a release (41 Ill. Adm. Code 170.600) and allows for seven days to complete steps related to

confirmation of a release (41 Ill. Adm. Code 170.580).

Environmental Register – February 2002

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

Board Adopts Final Amendments in Revisions to Antidegradation Rules: 35 Ill. Adm. Code 302.105,

303.205, 303.206, 102.800-102.830, R01-13

On February 21, 2002, the Board adopted final amendments in Revisions to Antidegradation Rules: 35 Ill. Adm.

Code 302.105, 303.205, 303.206, 102.800-102.830. The amendments were filed with the Secretary of State and

became effective February 22, 2002. The adopted amendments were published in the

Illinois Register

In response to public comments, the Board made changes in the rules as proposed at both first and second notice.

This rulemaking was initiated by a proposal filed on August 30, 2000, by the Illinois Environmental Protection

Agency (Agency). The amendments implement the concepts of antidegradation and outstanding resource waters in

the State of Illinois as required by the federal Clean Water Act. The adopted rules add new requirements

concerning antidegradation of waters in the State to the Board’s current rules found at 35 Ill. Adm. Code 302.105.

The rules designate the State’s water resources to reflect the three tiers of the federal program. Tier 1 sets the

minimum level of protection and is intended to be the absolute floor of water quality protection for all waters of the

United States. Tier 2 of the federal program addresses waters with quality that exceeds the levels necessary to

support the propagation of fish, shellfish, or wildlife and recreation in and on the water. Water quality cannot be

lowered below the level necessary to protect the “fishable/swimmable” uses and other existing uses. Tier 3 of the

federal regulations requires that high quality water, which constitutes outstanding resource waters, must be

maintained and protected. The rules also add procedures for the implementation of the program as a part of the

National Pollutant Discharge Elimination System (NPDES) permit process.

Additionally, the amendments at 35 Ill. Adm. Code 303 create the category of waters classified as “outstanding

resource waters” or ORWs. Because designating waters as “ORWs” will be handled as rulemakings, the Board

added a new Subpart to the Board’s procedural rules at 35 Ill. Adm. Code 102 to regulate the process for

classification of Outstanding Resource Waters.

On September 7, 2000, the Board accepted the proposal for hearing. The Board held three hearings, and received a

total of 47 comments prior to the first notice. On June 21, 2001, after reviewing the comments and testimony and

making changes to the proposal based on those comments and testimony, the Board proceeded to first notice with

the rules. First notice was published in the

Illinois Register

on July 13, 2001.

The Board held a fourth hearing and with testimony provided by Toby Frevert representing the Agency, Dierdre K.

Hirner representing the Illinois Environmental Regulatory Group (IERG), Jack Darin representing Sierra Club,

Illinois Chapter, Cynthia L. Skrukrud representing Friends of the Fox River, and Robert J. Moore representing

Prairie Rivers Network. All of these groups also filed post-hearing comments.

On December 6, 2002, the Board adopted a second-notice opinion and order that included additional amendments to

the proposal suggested during the first-notice period. The Board directed that the proposal be submitted to the

legislative Joint Committee on Administrative Rules (JCAR) for second-notice review.

During the pendancy of JCAR review, on January 7, 2002, the Board received two motions for reconsideration.

Both IERG and the Illinois Association of Wastewater Agencies (IAWA) filed motions asking the Board to

reconsider the December 6, 2001 second-notice opinion and order. On January 18, 2002, the Board received two

responses to the motion to reconsider filed by the Environmental Groups and the Agency. On January 24, 2002, the

Board granted the motions to reconsider in part. The Board amended Section 302.105(b)(3) as suggested by IERG

and agreed to by the Environmental Groups. The Board denied the motion filed by IAWA in its entirety. On

February 19, 2002, the Board received a certification of no objection from the JCAR.

For additional information contact Marie Tipsord at 312/814-4925; e-mail address: tipsordm@ipcb.state.il.us.

Environmental Register – February 2002

Board Adopts Final Amendments in SDWA Update, USEPA Amendments (January 1, 2001 through June

30, 2001; Arsenic Rule) R02-5

On February 21, 2002, the Board adopted amendments to the Illinois drinking water regulations that are identical in

substance to amendments adopted by the United States Environmental Protection Agency (USEPA) to the federal

Safe Drinking Water Act (SDWA) (42 U.S.C. §§ 300f

(1994)) drinking water regulations. The federal

amendments included in this docket include those adopted by USEPA during the period between January 1, 2001

and June 30, 2001. The Board’s adopted rules were filed with the Secretary of State and became effective February

22, 2002. The adopted amendments were published in the

Illinois Register

on March 8, 2002.

In this action, the Board adopted amendments that track the National Primary Drinking Water Regulations

(NPDWRs) applicable to arsenic in drinking water adopted by USEPA. The arsenic amendments lowered the

Maximum Contaminant Level for arsenic from the current 0.05 mg/L to 0.01 mg/L, and it revised the analytical

methods used to determine compliance, amended the monitoring requirements, and changed the public notification

requirements that apply to arsenic. The Board also amended portions of the drinking water standards applicable to

the new source compliance demonstration requirements applicable to all inorganic contaminants (IOCs), volatile

organic contaminants (VOCs), and synthetic organic contaminants (SOCs). Additionally, the Board amended its

interim enhanced surface water regulations and the Stage 1 disinfectant residual and disinfection byproducts

The amendments were proposed pursuant to Sections 7.2 and 17.5 of the Environmental Protection Act (Act) (415

ILCS 5/7.2 and 17.5 (2000)), which provides for quick adoption of regulations that are “identical in substance” to

drinking water regulations that USEPA adopted to implement Sections 1412(b), 1414(c), 1417(a), and 1445(a) of

the federal SDWA (42 U.S.C. §§ 300g-1(a), 300g-3(c), 300g-6(a), and 300j-4(a) (1994). Section 17.5 also provides

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 SDWA regulations

are found at 40 C.F.R. 141 through 143.

The Board adopted a proposal for public comment on October 4, 2001 and published in the

Illinois Register

October 26, 2001. Under Section 7.2(b) of the Act (415 ILCS 5/7.2(b) (2000)), the Board is required to complete

the rulemaking action on identical-in-substance amendments within one year of the earliest federal amendments

involved. USEPA adopted the earliest federal amendments involved in this rulemaking on January 16, 2001. Thus,

the nominal deadline for completion of these amendments was January 16, 2002.

However, on December 5, 2001, the Board received a request from USEPA that we extend the public comment

period for an additional 30 days. The Board adopted an order on December 20, 2001 that extended the public

comment period for the requested 30 days, until January 9, 2002. The Board also set forth reasons for delay in that

order, as allowed under Section 7.2(b) of the Act, and the deadline for completion of the rulemaking activities in

this matter was extended until February 22, 2002. A Notice of Public Information on Proposed Rules explaining the

extension appeared in the January 4, 2002 issue of the

Illinois Register

(at 26 Ill. Reg. 247).

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

mccambm@ipcb.state.il.us.

Environmental Register – February 2002

Board Dismisses Proposal in Petition of Amerock Corporation, Rockford Facility, for Site-

Specific Rulemaking Petition for Amendment to 35 Ill. Adm. Code 304.403, R01-15

On February 21, 2002, the Board dismissed a deficient site-specific rulemaking proposal. Petition of Amerock

Corporation, Rockford Facility, for Site-Specific Rulemaking Petition for Amendment to 35 Ill. Adm. Code

304.403, R01-15.

This rulemaking proposal was filed by the Amerock Corporation (Amerock) on September 14, 2000. On October 5,

2000, the Board found that the petition failed to include the information specified in Part 102 of the Board’s

procedural rules. In the February 21, 2002 opinion dismissing this docket, the Board noted that Amerock had been

granted numerous extensions of time and that Amerock was directed to file amended petitions. However, in the 17

months since Amerock first filed its petition, Amerock did not file an amended petition that the Board found

satisfactory. Therefore, the Board dismissed this docket without prejudice.

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

Board Dismisses Proposal in Revision of the Waste Disposal Rules: Amendment to 35 Ill. Adm. Code

817.101, R97-27

On February 7, 2002, the Board dismissed the rulemaking docket Revision of the Waste Disposal Rules:

Amendment to 35 Ill. Adm. Code 817.101, R97-27.

This rulemaking proposal was filed with the Board on March 4, 1997 by the Illinois Cast Metals Association

(ICMA) to amend the scope and applicability section of 35 Ill. Adm. Code Part 817, Requirements for New Steel

and Foundry Industry Wastes Landfills. A hearing was held on June 2, 1997. Additional hearings and the filing of

an amended proposal were delayed at petitioner’s request, pending the anticipated filing of rulemaking proposals by

the Illinois Environmental Protection Agency that could eliminate the need for this rulemaking.

On January 15, 2002, ICMA moved that the Board dismiss the proposal. Receiving no response to ICMA’s motion,

the Board granted the motion and closed the docket.

For additional information contact Richard McGill at 312/814-6983; email address: mcgillr@ipcb.state.il.us.

Board Dismisses 5 Identical in Substance Rulemaking Dockets As Unnecessary:

UST Update, USEPA Regulations (July 1, 2001 through December 31, 2001), R02-13

Wastewater Pretreatment Update, USEPA Regulations (July 1, 2001 through December 31, 2001), R02-14;

Exemptions from the Definition of VOM Update, USEPA Regulations (July 1, 2001 through December 31,

2001), R02-15; SDWA Update, USEPA Regulations (July 1, 2001 through December 31, 2001), R02-16;

RCRA Subtitle D Update, USEPA Regulations (July 1, 2001 through December 31, 2001), R02-18

Every six months, the Board reserves a series of dockets for adoption of Board rules, to any rules adopted by the

United States Environmental Protection Agency to implement various programs. On February 22, 2002, the Board

dismissed as unnecessary four dockets reserved to consider any rules adopted by United States Environmental

Protection Agency (USEPA) during the period July 1, 2001 through December 31, 2001:

UST Program (R02-13). Section 22.4(d) of the Environmental Protection Act (Act) (415 ILCS 5/22.4(d) (2000))

requires the Board to adopt regulations which are “identical in substance,” as defined at Section 7.2 of the Act (415

ILCS 5/7.2 (2000)), to underground storage tank (UST) regulations promulgated by the USEPA pursuant to Section

9003 of the federal Resource Conservation and Recovery Act of 1976 (RCRA) as amended, 42 U.S.C. § 6993

(2000), to implement Subtitle I of RCRA (42 U.S.C. §§ 6991

. (2000)), with certain limitations. USEPA has

codified its UST regulations at 40 C.F.R. 281 through 283. During the period July 1 through December 31, 2001,

the only USEPA amendment to the federal UST regulations was an action on November 30, 2001 (at 66 Fed. Reg.

Environmental Register – February 2002

59713) relating only to the federal authorization of the Minnesota program. Therefore, no action was necessary,

and the Board dismissed the docket.

Wastewater Pretreatment Program (R02-14). Sections 7.2 and 13.3 of the Environmental Protection Act (Act) (415

ILCS 5/7.2 and 13.3 (2000)), require the Board to adopt regulations that are “identical in substance,” as defined at

Section 7.2 of the Act (415 ILCS 5/7.2 (2000)), to wastewater pretreatment regulations that the USEPA adopted to

implement Sections 307(b), (c), and (d) and 402(b)(8) and (b)(9) of the federal Water Pollution Control Act

(FWPCA) (33 U.S.C. §§ 1317(b), (c), and (d) and 1342(b)(8) and (b)(9) (1994)). USEPA has codified the federal

wastewater pretreatment rules as 40 C.F.R. 400 through 499.

During the period between July 1, 2001 and December 31, 2001, USEPA did amend its wastewater pretreatment

rules once, on October 3, 2001 (at 66 Fed. Reg. 50339). Those amendments related to a federal grant of relief to a

number of publicly owned treatment works, including one in Illinois. On November 15, 2001, in Wastewater

Pretreatment Update, USEPA Regulations (October 3, 2001), R02-9, the Board proposed amendments to

correspond with the USEPA amendments of October 3, 2001. Once the Board has completed action on the docket

R02-9 amendments, no further action will be necessary for the update period July 1, 2001 through December 31,

2001. Therefore, the Board dismissed this docket.

VOM Program (R02-15). Section 9.1(e) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(e) (2000))

requires the Board to adopt regulations that are “identical in substance,” as defined at Section 7.2 of the Act (415

ILCS 5/7.2 (2000)), to exemptions from the definition of “volatile organic material” (VOM), those compounds that

the USEPA has found to be exempted from regulation under state implementation plans for ozone due to negligible

photochemical reactivity. USEPA has codified these exemptions as part of its definitions at 40 C.F.R. 51.100(s).

During the period July 1 through December 31, 2001, USEPA did not amend its definition of VOM. Therefore, no

action is necessary, and the Board dismissed the docket.

Safe Drinking Water Act Program (R02-16). Section 17.5 of the Environmental Protection Act (Act) (415 ILCS

5/17.5 (1998)) requires the Board to adopt regulations that are “identical in substance,” as defined at Section 7.2 of

the Act (415 ILCS 5/7.2 (2000)), to the National Primary Drinking Water regulations (NPDWRs) adopted by the

USEPA. These regulations implement sections 1412(b), 1414(c), 1417(a), and 1445(a) of the Safe Drinking Water

Act (SDWA), 42 U.S.C. §§ 300g-1(b), 300g-3(c), 300g-6(a) & 300j-4(a) (1998). USEPA has codified its SDWA

regulations at 40 C.F.R. 141 through 143.

During the period between July 1, 2001 and December 31, 2001, USEPA did amend its SDWA regulations once, on

November 4, 2001 (at 66 Fed. Reg. 46221). However, no Board action is required based on that set of federal

amendments. The November 4, 2001 amendments related to unregulated contaminant monitoring. USEPA has not

required the State to adopt requirements for monitoring unregulated contaminants, since the federal rules are

implemented directly by USEPA in this State. Therefore, the Board dismissed this docket.

RCRA, Subtitle D (Non-hazardous Waste Program (R02-18). Section 22.40(a) of the Environmental Protection Act

(Act) (415 ILCS 5/22.40(a) (2000)) requires the Board to adopt regulations that are “identical in substance,” as

defined at Section 7.2 of the Act (415 ILCS 5/7.2 (2000)), to municipal solid waste landfill (MSWLF) regulations

that USEPA adopted to implement Subtitle D of the Resource Conservation and Recovery Act of 1976 (42 U.S.C

§§ 6941-6949 (2000)). USEPA has codified the federal MSWLF rules as 40 C.F.R. 258. During the period July 1

through December 31, 2001, USEPA did not amend its MSWLF rules. Therefore, no action was necessary, and the

Board dismissed the docket.

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

mccambm@ipcb.state.il.us.

Environmental Register – February 2002

Appellate Update

Private Cost Recovery Appeal Dismissed in Dalise Enterprises, Inc. d/b/a Barge-Way Company v. Illinois

Pollution Control Board

On February 14, 2002, an appeal of a Cook County Circuit Court decision holding that the Board had the authority

to award cleanup costs to a citizen was dismissed by the First District Appellate Court for want of prosecution. The

case involves leaking underground storage tanks at a former gasoline service station in Glendale Heights, DuPage

The Cook County Circuit Court decision arose out of a citizen enforcement action still pending before the Board. In

the Board proceeding, the current owner of the DuPage County property, Union Oil Company of California d/b/a

UNOCAL (UNOCAL), is the complainant. UNOCAL seeks to recover approximately $600,000 in cleanup costs

from several alleged former owners or operators of the service station. These respondents, UNOCAL argues,

violated water pollution prohibitions of the Environmental Protection Act (Act) (415 ILCS 5/12(a), (d) (2000)).

UNOCAL, which acquired the property in 1982, allegedly incurred the costs cleaning up petroleum contamination

from leaking underground storage tanks. The Board proceeding, which is in discovery, is docketed as PCB 98-169.

After the Board denied a motion to dismiss UNOCAL’s enforcement action, one of the respondents before the

Board, Dalise Enterprises, Inc. d/b/a Barge-Way Company (Barge-Way), filed a complaint for declaratory judgment

and an emergency motion for temporary restraining order and preliminary injunction in Cook County Circuit Court.

With these filings, Barge-Way sought to enjoin the Board from further action in PCB 98-169, alleging that the

Board lacked jurisdiction over private cost recovery actions. The Board moved to dismiss with prejudice. The

Board noted that Section 31(d) of the Act (415 ILCS 5/31(d) (2000)) allows for “any person” to file a complaint

before the Board alleging violations of the Act. And the Illinois General Assembly, in Section 33(a) of the Act (415

ILCS 5/33(a) (2000)), gave the Board broad authority to fashion appropriate remedies in enforcement actions. The

Board also noted that the Illinois Supreme Court, in People v. Fiorini, 143 Ill. 2d 318, 350, 574 N.E.2d 612, 625

(1991), refused to hold that cleanup costs would not be an available remedy for a violation of the Act under

appropriate facts.

Following oral argument, the Cook County Circuit Court, on September 12, 2000, granted the Board’s motion to

dismiss with prejudice, stating that the Board has jurisdiction over the matters pending before it in PCB 98-169.

Dalise Enterprises, Inc. d/b/a Barge-Way Company v. Illinois Pollution Control Board, No. 00 CH 12113 (Cook

County Cir. Ct., Sept. 12, 2000). Barge-Way appealed the circuit court’s decision to the First District Appellate

Court. On February 14, 2002, the appellate court, on its own motion, dismissed the appeal for want of

prosecution—Barge-Way failed to file its brief by the due date of November 5, 2001.

Dalise Enterprises, Inc.

d/b/a Barge-Way Company v. Illinois Pollution Control Board, No. 1-00-3391 (1st Dist., Feb. 14, 2002).

Accordingly, the circuit court ruling that the Board can order a violator to reimburse a citizen’s cleanup costs

Board Actions

February 7, 2002

Springfield, Illinois

Rulemakings

In the Matter of: Revision of the Waste Disposal Rules: Amendments to 35 Ill.

Adm. Code 817.101 – The Board dismissed this petition of the Illinois Cast Metals

Association to amend 35 Ill. Adm. Code 817.101.

Environmental Register – February 2002

Adjusted Standard

In the Matter of: Petition of City of Elgin for an Adjusted Standard from 35 Ill.

Adm. Code 304.125 and 35 Ill. Adm. Code 302.204 – The Board granted this

Kane County facility’s motion to withdraw its request for an adjusted standard

from the pH water quality standard and effluent limitation found at 35 Ill. Adm.

Code 304.125 and 302.204.

In the Matter of: Petition of Borden Chemicals & Plastics Operating Limited

Partnership for an Adjusted Standard from 35 Ill. Adm. Code 304.105 as it

Applies to 35 Ill. Adm. Code 302.211(B)-(E) – The Board granted this

Sangamon County facility an adjusted standard from the heated effluent

discharge requirement pursuant to 35 Ill Adm. Code 302.211(B)-(E), subject to

Administrative Citations

IEPA v. Kishwaukee Auto Parts – The Board dismissed this administrative

citation against this Winnebago County respondent, finding that the violation

resulted from “uncontrollable circumstances” within the meaning of Section

31.1(d)(2) of the Environmental Protection Act. 415 ILCS 5/31.1(d)(2) (2000).

IEPA v. Marvin Hammack and Doris Baker – In response to a joint stipulation

and settlement agreement in this administrative citation action involving a

Schuyler County facility, the Board found respondents violated Section 21(p)(1)

of the Environmental Protection Act (415 ILCS 5/21(p)(1) (2000)) and ordered

respondents to pay a civil penalty of $1,500. The Board also granted the parties’

joint motions to dismiss respondents’ petition for review.

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

found that these Coles County respondents’ violated Sections 21(o)(5) and

(o)(12) of the Environmental Protection Act (415 ILCS 5/21(o)(5), (o)(12)

(2000)), and ordered respondents to pay a civil penalty of $1,000

People of the State of Illinois v. John A. Gordon, P.E., and Gordon & Price, Inc.

– In this public water supply enforcement action concerning a Lawrence 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 respondents to

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

Vandalia Community School District #203 v. IEPA – The Board dismissed this

matter for failure to file an amended petition as ordered on November 1, 2001.

Environmental Register – February 2002

People of the State of Illinois v. Bernie C. Morris – In this water enforcement

action concerning an Edgar 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 respondents to pay a total civil penalty of $2,500, and to

cease and desist from further violations.

People of the State of Illinois v. DiPaolo Company – In this water enforcement

action concerning a Lake 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 respondents to pay a total civil penalty of $9,000, and to

cease and desist from further violations.

Motions and Other Matters

People of the State of Illinois v. Peabody Coal Company – The Board granted

respondent’s attorney’s motion to appear p

People of the State of Illinois v. American Disposal Company – The Board

denied complainant's motion for summary judgment and ordered respondent to

have its attorney file an appearance in this matter.

E.G. Vogt Oil Company, Inc. v. IEPA – The Board granted respondent’s motion

for leave to file

the Illinois Environmental Protection Agency Record in

Freeburg Investors Group, Inc. v. IEPA – The Board granted respondent’s

motion for leave to file

the Illinois Environmental Protection Agency

Record in this matter.

East Side Acquisitions, Inc. d/b/a State Street Shell v. IEPA – The Board granted

respondent’s motion for leave to file

the Illinois Environmental

Protection Agency Record in this matter.

Linnemann Oil Company v. IEPA – The Board granted respondent’s motion for

the Illinois Environmental Protection Agency Record in

John M. Giertych, Geri Giertych, Wally Stoklosa, Earl Daliege, Everett Johnson,

Meddard Sowonik, Max Prindle, Chuck Polizzi, Marge Polizzi, George Brassea,

Gladys Brassea, Nancy Pitcher, Geraldine Hughes, Bernard Nagel, et al. v. 4T’s

Management, L.L.C. – The Board denied respondent’s motion for summary

judgment in this citizens’ noise enforcement action involving a Kankakee County

Environmental Register – February 2002

Granite City Sheet Metal v. IEPA – The Board granted respondent’s motion for

the Illinois Environmental Protection Agency Record in

L. Wolf Company v. IEPA – The Board’s order noted that the Illinois

Environmental Protection Agency Record in this matter had not been filed and

directed that it be filed.

E.G. Vogt Oil Company, Inc. v. IEPA – The Board granted respondent’s motion

for leave to file

the Illinois Environmental Protection Agency Record in

People of the State of Illinois v. Fox River Water Reclamation District – 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 Kane County facility, the Board ordered publication of the required

newspaper notice.

Richard G. Cotterman v. Jackson Farms – The Board granted complainant’s

motion to dismiss this citizen’s air and noise enforcement action involving a

Macoupin County facility.

Village of Park Forest v. Sears, Roebuck and Company – The Board granted

respondent’s’ motion to delete the not “subject to disclosure” designation of all

past and future filings before the Board and directed the hearing officer to

reschedule the February 20, 2002 hearing date.

Vandalia C.U.S.D. 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 Fayette County facility.

Tri County FS, Inc. (Jersey County) v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s corrected recommendation, the Board found

and certified that specified facilities of Tri County FS, 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)).

Tri County FS, Inc. (Calhoun County) v. IEPA – The Board found and certified

that specified facilities of Tri County FS, Inc. located in Calhoun County are

“pollution control facilities” for the purpose of preferential tax treatment under

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

Environmental Register – February 2002

Principia College 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

Jersey County facility.

E/M Coatings v. IEPA – The Board found and certified that specified facilities of

E/M Coating located in DuPage County are “pollution control facilities” for the

purpose of preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2000)).

Midway Oil Company v. IEPA – The Board granted respondent’s motion to

dismiss this request for 90-day extension of appeal period.

Metropolitan Water Reclamation District of Greater Chicago (Egan Plant,

Schaumburg) v. IEPA – The Board accepted for hearing this permit appeal

involving a Cook County facility.

Southern Illinois University, Edwardsville v. IEPA – The Board granted this

request for a 90-day extension of time to file a permit appeal on behalf of this

Madison County facility.

City of Quincy v. IEPA – The Board accepted for hearing this permit appeal

involving an Adams County facility.

Midway Oil 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 Rock Island

County facility.

Saline County Landfill, Inc. v. IEPA – The Board accepted for hearing this

permit appeal involving a Saline County facility and granted petitioner’s motion

for expedited review.

February 21, 2002

Via Video Conference Between

Springfield and Chicago, Illinois

Environmental Register – February 2002

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

302.105, 303.205, 303.206, 102.800-102.830 – The Board adopted a final

opinion and order in this matter to amend the Board’s antidegradation water

In the Matter of: Petition of Amerock Corporation, Rockford Facility, for a Site-

Specific Rulemaking Petition for Amendment to 35 Ill. Adm. Code 304.303 –

The Board dismissed this petition of the Amerock Corporation to amend 35 Ill.

Adm. Code 304.303.

In the Matter of: Amendments to Regulation of Petroleum Leaking Underground

Storage Tanks: 35 Ill. Adm. Code 732 – The Board adopted a second notice

opinion and order in this rulemaking to amend the Board’s underground storage

tank regulations.

In the Matter of: Site Remediation Program: Amendments to 35 Ill. Adm. Code

740; In the Matter of: Site Remediation Program: Proposed 35 Ill. Adm. Code

740, Subpart H (Schools, Public Parks, and Playgrounds) – The Board adopted a

second notice opinion and order in this rulemaking to amend the Board’s site

remediation program regulations.

In the Matter of: SDWA Update, USEPA Amendments (January 1, 2001

through June 30, 2001; Arsenic Rule) – The Board adopted a final opinion and

order in this identical-in-substance rulemaking to amend the Board’s public

water supply regulations.

In the Matter of: UST Update, USEPA Regulations (July 1, 2001 through

December 31, 2001) – The Board dismissed this reserved identical-in-substance

docket because the United States Environmental Protection Agency did not

amend its underground storage tank regulations during the update period.

In the Matter of: Wastewater Pretreatment Update, USEPA Amendments (July

1, 2001 through December 31, 2001) – The Board dismissed this reserved

identical-in-substance docket because the only United States Environmental

Protection Agency amendment to its wastewater pretreatment regulations during

the update period is being addressed in Wastewater Pretreatment Update,

USEPA Regulations (October 3, 2001), R02-9.

In the Matter of: Exemptions from the Definition of VOM Update, USEPA

Regulations (July 1, 2001 through December 31, 2001) – The Board dismissed

this reserved identical-in-substance docket because the United States

Environmental Protection Agency did not amend its exemptions from the

definition of volatile organic material regulations during the update period.

Environmental Register – February 2002

In the Matter of: SDWA Update, USEPA Regulations (July 1, 2001 through

December 31, 2001) – The Board dismissed this reserved identical-in-substance

docket because the United States Environmental Protection Agency did not

amend its exemptions from the definition of public water supply regulations

during the update period.

In the Matter of: RCRA Subtitle D Update, USEPA Regulations (July 1, 2001

through December 31, 2001) – The Board dismissed this reserved identical-in-

substance docket because the only United States Environmental Protection

Agency amendment to its non-hazardous waste regulations during the update

period did not require any Board action.

Adjusted Standard

In the Matter of: Petition of Ford Motor Company (Chicago Assembly Plant) for

an Adjusted Standard from 35 Ill. Adm. Code 218.986 – Upon receipt of the

certificate of publication, the Board accepted this Cook County facility’s petition

for an adjusted standard from the air pollution control regulations.

Administrative Citations

IEPA v. Terry and Letisha Springer – The Board denied these Jersey County

respondents’ motion to dismiss the administrative citation and granted their

motion for reconsideration but vacated the December 6, 2001 default judgment.

The Board set this matter for hearing.

IEPA v. Maurice Newcomer – The Board granted complainant’s motion for

voluntary dismissal of this administrative citation involving a Carroll County

IEPA v. John Firebaugh – The Board granted complainant’s motion for

voluntary dismissal of this administrative citation involving a Jefferson County

IEPA v. William Plank d/b/a Demolition Plus – The Board found that this

Douglas 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

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

water enforcement action concerning a Winnebago 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 this respondent to pay a total civil

penalty of $4,000, and to cease and desist from further violations.

Environmental Register – February 2002

Motions and Other Matters

People of the State of Illinois v. Old World Industries, Inc., and Specialty Sealant

Tapes, 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 Cook County facility, the Board ordered

publication of the required newspaper notice.

People of the State of Illinois v. Peabody Coal Company – The Board granted

respondent’s attorney’s motion to appear p

and denied complainant’s

response to respondent’s motion for leave to appear p

Sequa Corporation, Precoat Metals Division v. IEPA – The Board granted

petitioner’s motion for voluntary dismissal of this permit appeal involving a

Cook County facility.

People of the State of Illinois v. Nina Enterprises, 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

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

People of the State of Illinois v. M&R Wrecking, Ltd. And Roderick Enterprises,

Inc. – The Board granted complainant’s motion for leave to file first amended

Bulkoa, Inc. v. IEPA – The Board granted petitioner’s motion for voluntary

dismissal of this underground storage tank appeal involving a Cook County

People of the State of Illinois v. Marc Development Corporation and Silver Glen

Estates Homeowners’ Association – The Board granted complainant’s motion to

deem facts admitted and its motion for summary judgment. The Board found

that respondent violated Sections 12(a), (b), and (f) of the Environmental

Protection Act (415 ILCS 5/12(a), (b), (f) (2000)), and Sections 306.102(a) and

309.102(a) of Board regulations. The Board reserved ruling on the issue of an

appropriate penalty pending a hearing.

Johnson Oil Company, Inc. v. IEPA – The Board granted petitioner’s motion for

voluntary dismissal of this underground storage tank appeal involving a

Livingston County facility.

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

complainant’s motion to withdraw the motion to deem facts admitted and for

summary judgment.

Environmental Register – February 2002

City of Springfield 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 Sangamon County facility.

ESG Watts, Inc. v. IEPA – The Board accepted for hearing this permit appeal

involving a Rock Island County facility.

MAC Investments 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.

City of East Moline v. IEPA – Having previously granted a request for a 90-day

extension, the Board dismissed this matter because no permit appeal was filed on

behalf of this Rock Island 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.

Blake Oil Company v. IEPA – The Board granted this request for a 90-day

extension of time to file a permit appeal on behalf of this Ogle County facility.

Duke Energy North America (Lee County) v. IEPA – The Board found and

certified that the specified concrete structures and sumps of Duke Energy North

America located in Lee County is a pollution control facility for the purpose of

preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10

(2000)). The Board opened a separate docket PCB 02-113 to address the Illinois

Environmental Protection Agency’s recommended denial of petitioner’s request

for preferential tax certification for its sanitary waste septic tank and associated

Duke Energy North America (Lee County) v. IEPA – The Board opened a

docket to address recommended denial of petitioner’s request for preferential tax

treatment under the Property Tax Code (35 ILCS 200/11-10 (2000)) for its

facility located in Lee County. Petitioner must file a petition to contest with the

Clerk of the Board within 35 days after the respondent served the

recommendation. If petitioner fails to timely file a petition, the Board may deny

tax certification for the sanitary waste septic tank and associated lift station based

solely on respondent’s recommendation.

Environmental Register – February 2002

February 7, 2002 Board Meeting

Principia College 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 Jersey County facility.

E&L Trucking Company v. IEPA – No action taken.

. E/M Coatings v. IEPA – The Board found and certified that specified facilities of E/M Coating located in

DuPage County are “pollution control facilities” for the purpose of preferential tax treatment under the Property Tax

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

Midway Oil Company v. IEPA – The Board granted respondent’s motion to dismiss this request for 90-day

extension of appeal period.

Metropolitan Water Reclamation District of Greater Chicago (Egan Plant, Schaumburg) v. IEPA – The

Board accepted for hearing this permit appeal involving a Cook County facility.

Southern Illinois University, Edwardsville v. IEPA – The Board granted this request for a 90-day extension

of time to file a permit appeal on behalf of this Madison County facility.

City of Quincy v. IEPA – The Board accepted for hearing this permit appeal involving an Adams County

Midway Oil 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 Rock Island County facility.

Saline County Landfill, Inc. v. IEPA – The Board accepted for hearing this permit appeal involving a Saline

County facility and granted petitioner’s motion for expedited review.

IEPA v. Manzell Lawson, Sr. – The Board accepted an administrative citation against this Peoria County

IEPA v. E. Lewis Look – The Board accepted an administrative citation against this Peoria County

IEPA v. Trevor Pearce – The Board accepted an administrative citation against this Clay County

City of Chicago Department of Environment v. Edward F. Glascott – The Board accepted an

administrative citation against this Cook County respondent.

Ogle County Solid Waste Management Department v. Lawrence and Eleanora Sandahl – The Board

accepted an administrative citation against these Ogle County respondents.

In the Matter of: Petition of World Recycling, Inc. d/b/a Planet Earth Antifreeze for an Adjusted Standard

from 35 Ill. Adm. Code 720.131(c) – Pending receipt of the certificate of publication, the Board held this

Winnebago County facility’s petition for a waste delisting under the hazardous waste regulations.

In the Matter of: Petition of Ford Motor Company (Chicago Assembly Plant) for an Adjusted Standard

from 35 Ill. Adm. Code 218.986 – Pending receipt of the certificate of publication, the Board held this Cook County

facility’s petition for an adjusted standard from the air pollution control regulations.

February 21, 2002 Board Meeting

Blake Oil Company v. IEPA – The Board granted this request for a 90-day extension of time to file a permit

appeal on behalf of this Ogle County facility.

Duke Energy North America (Lee County) v. IEPA – The Board found and certified that the specified

concrete structures and sumps of Duke Energy North America located in Lee County is a pollution control facility

Environmental Register – February 2002

for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2000)). The Board

opened a separate docket PCB 02-113 to address the Illinois Environmental Protection Agency’s recommended

denial of petitioner’s request for preferential tax certification for its sanitary waste septic tank and associated lift

. J&L Oil, Inc. (Lake Villa) v. IEPA – No action taken.

J&L Oil, Inc. (Fox Lake) v. IEPA – No action taken.

Duke Energy North America (Lee County) v. IEPA – The Board opened a docket to address recommended

denial of petitioner’s request for preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10

(2000)) for its facility located in Lee County. Petitioner must file a petition to contest with the Clerk of the Board

within 35 days after the respondent served the recommendation. If petitioner fails to timely file a petition, the Board

may deny tax certification for the sanitary waste septic tank and associated lift station based solely on respondent’s

recommendation.

IEPA v. Jerel Childers – The Board accepted an administrative citation against this Massac County

IEPA v. Robert and John Gray – The Board accepted an administrative citation against these Iroquois

County respondents.

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

Chicago/Springfield Videoconference

Illinois Pollution Control Board

James R. Thompson Center

Conference Room 11-512

100 West Randolph Street

Hearing Room 403

600 South Second Street

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

Environmental Register – February 2002

Illinois Pollution Control Board Meeting

Illinois Pollution Control Board

James R. Thompson Center

Conference Room 11-512

100 West Randolph Street

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

Illinois Pollution Control Board

Hearing Room 403

600 South Second Street

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

Conference Room 11-500

100 West Randolph Street

People of the State of Illinois v. Crier

Development Company, and Bradley S.

City Council Chambers

404 North Wood Dale Road

Illinois Pollution Control Board Meeting

Illinois Pollution Control Board

James R. Thompson Center

Conference Room 11-512

100 West Randolph Street

Hearing Room 403

600 South Second Street

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

Chicago/Springfield Videoconference

Illinois Pollution Control Board

James R. Thompson Center

Conference Room 11-512

100 West Randolph Street

Environmental Register – February 2002

Hearing Room 403

600 South Second Street

Illinois Pollution Control Board Meeting

Chicago/Springfield Videoconference

Illinois Pollution Control Board

James R. Thompson Center

Conference Room 11-512

100 West Randolph Street

Hearing Room 403

600 South Second Street

Illinois Pollution Control Board Meeting

Illinois Pollution Control Board

Conference Room 403

600 South Second Street

Illinois Pollution Control Board Meeting

James R. Thompson Center

Conference Room 9-040

100 West Randolph Street

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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.

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Illinois Pollution Control Board

Environmental Register Coordinator

600 South Second Street, Suite 402

Springfield, Illinois 62704