Printed by Authority of the State of Illinois, September 26, 1990, 3,700 copies, order #57701.
ENVIRONMENTAL REGISTER
ENVIRONMENTAL REGISTER
No. 414
October 10, 1990
RCRA TCLP UPDATE ADOPTED, MODIFIED AND FILED
(R90-10)
R90-10 is the RCRA update addressing USEPA regulations
adopted for the period 1/1 through 3/31/90. This includes the
USEPA TCLP (toxicity characteristic leaching procedure)
modification to the definition of hazardous waste.
The Board adopted R90-10 on August 30, 1990. A major
change was the addition of a "Board Note" to Section 721.124,
providing that small quantity generators may continue to use
the EP toxicity test through March 29, 1991.
USEPA extended the time for generator notification at 55
Fed. Reg. 31387, August 2, 1990.
On September 13, 1990, the Board modified R90-10, by
adding a sentence to the Board Note to clarify a reference to
the "EP toxicity" in 35 Ill. Adm. Code 808.410, recently
adopted in R89-13.
R90-10 has been filed with the Administrative Code
Division, and became effective on September 25, 1990. The
text of the rules will appear in the October 5, 1990 issue of
the Illinois Register
Questions on the RCRA program should be directed to
Morton Dorothy at 217/333-5575.
UST UPDATE AND STATE FUND REPEAL
(R90-12)
The Board has opened Docket R90-12 to address USEPA
amendments to the UST (underground storage tank) rules
during the first half of 1990. The Board may also address H.B.
3325 (P.A. 86-1050) in the same Docket.
35 Ill. Adm. Code 731.190 et seq., and 40 CFR 141.90 et
seq., require owners of operators of USTs to demonstrate
financial responsibility for corrective action and third party
liability. P.A. 86-125 created the "UST fund", which provides
money for corrective action for UST operators. P.A. 86-958
added Section 22.13(d) to the Act, providing that the UST
Fund was intended as a State Fund by UST operators could
meet the federal financial responsibility requirement. The
Board implemented this intent by adopting 35 Ill. Adm. Code
731.200 in R89-19. P.A. 86-1050 appears to have amended
Section 22.13(d) of the Act so as to require repeal of Section
731.200. The result of this would be to again require "private"
insurance for UST operators.
It may take several months to complete the regulatory
process to repeal 35 Ill. Adm. Code 731.200. However,
owners and operators of USTs need to be aware that P.A. 86-
1050 may be self-implementing. Since the authority for
Section 731.200 has been withdrawn, they may be subject to
immediate enforcement unless they have private insurance
meeting the requirements of 40 CFR 141.90 and 35 Ill. Adm.
Code 731.190 et seq.
Questions on the UST program should be directed to
Morton Dorothy at 217/333-5585.
BOARD GOES TO FIRST NOTICE IN R89-14,
GROUNDWATER QUALITY STANDARDS, 35 Ill. Adm.
Code 620
On September 29, 1990, the Board adopted the First
Notice Opinion and Order in R89-14 Groundwater Quality
Standards. The Board proposal emphasizes protection of all
potable waters and was designed to be as uncomplicated as
possible in an effort to achieve a workable rule in such a new
arena of regulations.
The rules include General Provisions (Subpart A, including
definitions, incorporations by reference, exclusions),
Groundwater Classification (Subpart B, setting up 5 classes
including potable groundwater class, general resource class,
remedial groundwater class, limited resource class, and
special resource class), Groundwater Quality Standards
(Subpart C, containing numerical and nondegradation
standards), Miscellaneous Procedures and Protocols (Subpart
E, including point of compliance), and Preventive Management
Procedures and Corrective Action (Subpart E).
Environmental Register No. 414
October 10, 1990/Page 4
The Opinion and Order were adopted by a 7-0 vote, with
Board members Joan Anderson, Jacob D. Dumelle and Bill
Forcade concurring.
An additional hearing has been set for December 4, 1990,
9:00 a.m., State of Illinois Center, 100 W. Randolph St.,
Chicago, IL Room 9-040. The deadline for prefiled testimony
and exhibits is November 14, 1990. Anyone wishing to testify
should contact the hearing officer to schedule time. Questions
on this proceeding may be directed to Hearing Officer Michelle
C. Dresdow at (815) 753-0947.
Copies of the Opinion and Proposed Rules are available
from the Clerk of the Board (312/814-3620).
BOARD PROPOSES SDWA UPDATE (R90-13)
On September 27, 1990, the Board proposed to update the
SDWA rules in 35 Ill. Adm. Code 611 to reflect USEPA
amendments during the first half of 1990. The only USEPA
amendment is the June 19, 1990 corrections to USEPA's June
29, 1989, filtration and disinfection rules. Most of the errors
were detected and corrected by the Board during the adoption
of R88-26. However, two corrections are proposed in this
Docket.
PUBLIC WATER SUPPLIES RESTRICTED STATUS AND
CRITICAL REVIEW LISTS
The Illinois Environmental Protection Agency, Division of
Public Water Supplies, Permit Section, is publishing copies of
the Division's Restricted Status and Critical Review lists in this
issue of the Environmental Register. The lists are being
published here as part of the quarterly notification to the
public. The lists have been slightly modified to reflect changes
make since the previous publication.
SDWA RULES FILED (R88-26)
The SDWA public water supply rules adopted in R88-26
were filed with the Administrative Code Division, and became
effective September 20, 1990. They will appear in the October
5, 1990 edition of the Illinois Register. The new rules are in 35
Ill. Adm. Code 611.
BOARD PROPOSES SDWA CORRECTIONS
(R90-21)
On September 13, 1990, the Board proposed corrections to
the SDWA rules adopted in R88-26. The corrections concern
analytical methods and incorporation by reference.
Questions on the SDWA program should be directed to
Morton Dorothy at 217/333-5575.
BOARD AND STAFF ACTIVITIES
On September 20, 1990 Attorney Assistant Mark Miller
attended the Oracle Corporation's Executive Government Day,
a seminar on data base management.
On September 19 and 20 Attorney Assistants Elizabeth
Harvey, Karen Rosenwinkel and Mark Miller, Legislative
Liaison Phil Van Ness, and Staff Attorney Marie Tipsord
attended the Illinois Manufacturers' Association Environmental
Compliance conference and Exhibition. Chairman John Marlin
spoke on September 19, 1990 at this conference.
Board Member Joan Anderson spoke on October 1, 1990
at the Illinois Environmental Regulation Conference held by
Executive Enterprises at the Palmer House in Chicago. Mrs.
Anderson was part of a panel discussing the interaction of the
regulatory agencies in Illinois. Board Member Ron Flemal also
attended this conference along with Attorney Assistant
Michelle Dresdow and Staff Attorney Elizabeth Handzel.
Attorney Assistants Tim Dwyer and Margaret Fliss attended
this conference on October 2, 1990.
FINAL ACTIONS SEPTEMBER 27, 1990 BOARD MEETING
PCB 89-19
Daniel Lorden & Helen Lorden v. Sheridan South Condominium Assn., et al. - This matter was dismissed with
prejudice on respondents' motion.
PCB 89-183
City of Batavia v. IEPA - The Board denied petitioner's motion for reconsideration of the Board's August 9, 1990
Order in which two conditions were imposed in the variance from the Board's public water supplies regulations
concerning petitioner's Kane County facility. Board Member R. Flemal dissented.
PCB 89-212
City of Braidwood v. IEPA - The Board denied petitioner's motion for reconsideration of its June 21, 1990 Opinion and
Order denying variance from the Board's water supplies regulations for its Will County facility. Board Member R.
Flemal dissented.
PCB 90-28
USS Division of USX Corp. v. IEPA - This matter was dismissed on petitioner's motion.
PCB 90-53
Industrial Fuels & Resources/Illinois, Inc. v. City Council of Harvey - The Board affirmed the decision of the City of
Harvey denying site location suitability approval for a new regional pollution control facility in Cook County. Board
Members R. Flemal, J. Dumelle and M. Nardulli dissented on the Opinion. Board Member J.T. Meyer concurred on
the Opinion. Board Members J.T. Meyer and M. Nardulli dissented on the Order.
PCB 90-104
People of the State of Illinois v. L & B Wood Corp., an Illinois Corp. - The Board accepted the Stipulation and
Settlement Agreement in which respondent agreed to pay a civil penalty of $3,000 concerning its Cook County
facility. Board Members J. Theodore Meyer and J. Dumelle dissented.
Environmental Register No. 414
October 10, 1990/Page 5
PCB 90-175
Eagle Electronics, Inc. v. IEPA - The Board accepted the Agency Recommendation and granted petitioner a 30-day
provisional variance from the Board's waste disposal regulations relating to the 90-day limitation on the storage of
hazardous wastes at its Cook County facility.
PCB 90-176
Village of Oswego v. IEPA - The Board accepted the Agency Recommendation and granted petitioner provisional
variance, with conditions, from the Board's water pollution regulations relating to the biochemical oxygen demand and
suspended solids effluent requirements at its Kendall County facility.
PCB 90-178
International Products and Manufacturing Co. v. IEPA - The Board accepted the Agency Recommendation and
granted petitioner a 30-day provisional variance from the Board's waste disposal regulations relating to the 90-day
limitation on the storage of hazardous wastes at its Cook County facility.
AC 90-52
IEPA v. William E. Pontius, et al. - This matter was dismissed on the Agency's motion and the docket closed.
AC 90-73
IEPA v. Robert E. Spaenhower - The Board found respondent violated Sections 21(q)(1), 21(q)(3), 21(q)(4) and
21(q)(5) of the Act and imposed a fine of $2,000.
NEW CASES - SEPTEMBER 27, 1990 BOARD MEETING
PCB 90-170
Goose Lake Assn. v. Robert J. Drake, Sr., et al. - Complainants allege violations of the Act concerning water pollution
at respondent's Grundy County development. Held until October 11, 1990.
PCB 90-172
Waste Management of Wisconsin, Inc. v. IEPA - Petitioner seeks review of the Agency's denial of its application to
transfer the operating permit relating to its purchase of a Winnebago County solid waste transfer station. Hearing
authorized.
PCB 90-173
Earl R. Bradd, Owner of the Bradd Sanitary Landfill v. IEPA - Petitioner seeks review of the Agency's denial of its
Affidavit For Certification of Closure concerning its McLean County facility. Hearing authorized.
PCB 90-174
Watts Disposal Systems, Inc. V. IEPA - Petitioner seeks review of the Agency's denial of its permit application to haul
special waste at its Rock Island facility. Hearing authorized.
PCB 90-175
Eagle Electronics, Inc. v. IEPA - See Final Actions.
PCB 90-176
Village of Oswego v. IEPA - See Final Actions.
PCB 90-177
A.K.A. Land, Inc. v. IEPA - Petitioner seeks review of the Agency's determination of a $100,000 deductible amount
for purposes of reimbursement from the Underground Storage Tank Fund concerning its St. Clair County facility.
Hearing authorized.
PCB 90-178
International Products and Manufacturing Co. v. IEPA - See Final Actions.
CALENDAR *
October 15
A-E
People of the State of Illinois v. Panhandle Eastern Pipeline Company - PCB 90-152, Douglas
10:00 a.m.
County Courthouse, County Board Room, 401 South Center, Tuscola.
October 15
P-A
Ideal Roller Company v. EPA - PCB 88-108, Law Office of Arthur Wulf, 100 N. LaSalle
1:00 p.m.
St., Suite 1710, Chicago.
October 16
UST-FRD Pulitzer Community Newspaper, Inc. v. EPA - PCB 90-142, State of Illinois Center, 100 W.
10:00 a.m.
Randolph St. Suite 11-500, Chicago.
October 17
A-E
People of the State of Illinois v. John Boos & Company - PCB 90-160, County Office Building,
10:00 a.m.
Third Floor, Effingham County Courthouse, 101 North Fourth, Effingham.
October 19
L-S-R
Erwin Hediger et al. v. D & L Landfill, Inc. et al. - PCB 90-163, Main or Small Courtroom,
10:00 a.m.
Bond County Courthouse, 200 W. College Avenue, Greenville.
October 19
P-A
Western Illinois Power Cooperative, Inc. v. IEPA - PCB 85-164, Pike County Court House,
Environmental Register No. 414
October 10, 1990/Page 6
10:00 a.m.
Lower Court Room, Pittsfield.
October 23
A-C
EPA v. Southern Pacific Railroad - AC 90-59, County Board Room, Sangamon County
10:00 a.m.
Building, Eight Street and Monroe, Springfield.
October 25
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room
9-040, Chicago.
October 26
N-E
Darrell Williams v. Shell Oil Company (Wood River Facility) - PCB 90-47, Council Chambers,
9:30 a.m.
Wood River City Hall, 111 N. Wood River, Wood River.
October 26
A-C
EPA v. Multi-County Landfill, Inc. - AC 89-288, Douglas County Courthouse, County Board
10:00 a.m.
Room, Tuscola.
October 30
N-E
Carl Madoux et al. v. B & M Steel Service Center PCB 90-148, In a Room in The City Hall,
10:00 a.m.
101 East 3rd St., Alton.
October 30
P-A
Marathon Petroleum Company v. EPA - PCB 90-126, IEPA Conference Room, 2200 Churchill
10:00 a.m.
Rd., Springfield.
October 31
N-E
Carl Madoux et al. v. Straders Logging and Lumber Mill - PCB 90-149, In a Room
10:00 a.m.
A-E
in The City Hall, 101 East 3rd St., Alton.
November 1
P-A
Hydraulics, Inc. d/b/a Brake Parts Company v. EPA - PCB 89-88, Litchfield Town Hall, 120
10:00 a.m.
E. Ryder, Litchfield.
November 1
A-E
EPA v. Nesco Steel Barrel Company - PCB 90-37, Granite City Township Building, 2060
10:00 a.m.
Delmar Ave., Granite City.
November 2
A-E
EPA v. Columbia Quarry Company - PCB 90-161, County Board Conference Room, 5th
9:30 a.m.
Floor, St. Clair County Building, 10 Public Square, Belleville.
November 8
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room
9-040, Chicago.
November 9
A-C
County of St. Clair v. Laidlaw Waste Systems - AC 90-74, County Board Conference Room,
10:00 a.m.
5th Floor, St. Clair County Building, 10 Public Square, Belleville.
November 12
A-V
Olin Chemicals (Joliet Plant) v. EPA - PCB 89-72, Will County Courthouse, 14 W. Jefferson
9:30 a.m.
St., Joliet.
November 13
A-C
EPA v. ESG Watts, Inc. - AC 90-47, County Office Building, County Board Room, Third
10:00 a.m.
Floor, 1504 Third Avenue, Rock Island.
November 14
A-E
People of the State of Illinois v. Duraco, Inc. - PCB 90-61, State of Illinois Center, 100 W.
10:00 a.m.
Randolph St., Suite 11-500, Chicago.
November 14
P-A
Envotech-Illinois, Inc. v. IEPA - PCB 90-138, Montgomery County Courthouse, Hillsboro.
10:00 a.m.
November 14
P-A
Stepan Company v. EPA - PCB 90-42, Will County Courthouse, 14 W. Jefferson, Joliet.
9:30 a.m.
November 14
P-A
A.K.A. Land, Inc. v. EPA - PCB 90-177, Belleville City Hall, City Council Chambers, 101
10:00 a.m.
S. Illinois St., Belleville. (Will continue on 16th if needed.)
November 16
A-C
County of Madison v. City of Alton - AC 90-41, Council Chambers, City Hall, 3rd & Alby
10:00 a.m.
St., Alton.
November 19
L-E
People of the State of Illinois v. Chicago Heights Refuse Depot, Inc. - PCB 90-112, State of
10:00 a.m.
Illinois Center, 100 W. Randoph St., Suite 11-500, Chicago.
November 20
A-E
People of the State of Illinois v. Colwell/General, Inc. - PCB 89-180, State of Illinois
10:00 a.m.
Center, 100 W. Randolph St., Suite 11-500, Chicago.
Environmental Register No. 414
October 10, 1990/Page 7
November 21
A-E
People of the State of Illinois v. Westvaco Corporation - PCB 90-127, State of Illinois Center,
9:30 a.m.
100 W. Randolph St., Suite 11-500, Chicago.
November 21
P-A
Watts Disposal Systems, Inc. v. EPA - PCB 90-174, City Council Chambers, Rock Island City
10:00 a.m.
Hall, Third Floor, 1528 Third Avenue, Rock Island.
November 28
P-A
National Steel Corporation (Granite City Division) v. EPA - PCB 90-114, Courthouse, Second
9:30 a.m.
Floor, Granite City Hall, 2000 Edison Ave., Granite City.
November 29
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room
9-040, Chicago.
November 30
A-C
EPA v. Johnson Blackwell - AC 90-72, Carlyle City Hall, Second Floor, 850 Franklin, Carlyle.
9:30 a.m.
December 4
R
Groundwater Quality Standards (35 Ill. Adm. Code 620) - R89-14, State of Illinois Center, 100
9:00 a.m.
W. Randolph St., Room 9-040, Chicago.
December 5
A-V
Monsanto Company v. EPA - PCB 90-44, City Council Chambers, City Hall, 2897 Falling
10:00 a.m.
Springs Rd., Sauget.
December 6
A-E
People of the State of Illinois v. Allied-Hastings Barrel and Drum Service, Inc. -
10:00 a.m.
PCB 90-60, State of Illinois Center, 100 W. Randolph St., Suite 11-500, Chicago.
December 18
A-E
People of the State of Illinois v. Sure-Tan, Inc. - PCB 90-62, State of Illinois Center,
10:00 a.m.
100 W. Randolph St., Suite 11-500, Chicago.
December 20
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room
9-040, Chicago.
December 27
P-A
Olin Corporation v. EPA - PCB 89-178, In a Room in the City Hall, 101 E. 3rd Street, Alton.
10:00 a.m.
January 8
P-A
Douglas Furniture v. EPA - PCB 90-22, State of Illinois Center, 100 W. Randolph St., Suite
9:00 a.m.
11-500, Chicago.
January 24
A-E
People of the State of Illinois v. Robert A. Propheter, d/b/a Bob Propheter Construction
10:00 a.m.
Company - PCB 90-18, County Board Room, 707 Etna Road, Ottawa.
* 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,
Environmental Register No. 414
October 10, 1990/Page 8
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