1. No. 415 October 24, 1990
Printed by Authority of the State of Illinois, October 24, 1990, 3,700 copies, order #57701.
ENVIRONMENTAL REGISTER
ENVIRONMENTAL REGISTER
No. 415
October 24, 1990
BOARD PROPOSES NEW SUBDOCKET (C) IN R89-17,
CALIFORNIA MOTOR VEHICLE STANDARDS
On October 11, 1990, the Board proposed, for First Notice,
a new subdocket (C) in its rulemaking on the possible adoption
in Illinois of the California motor vehicle control program. The
federal Clean Air Act allows the states to choose between the
federal emission standards for motor vehicles and the stricter
California emission controls. Evidence in this rulemaking
states that the adoption of the California standards in Illinois
could result in significant reductions in mobile source
emissions of hydrocarbons, carbon monoxide, and nitrogen
oxide, which contribute to the formation of ozone. On April 12,
1990, the Board proposed two rulemaking options in
subdockets (A) and (B). After review of the record, the Board
created new subdocket (C) and proposed an additional
rulemaking option.
Subdocket (C) would prohibit the sale, use, possession, or
registration in Illinois of any 1993 or subsequent model-year
motor vehicle which does not conform with the California
emission standards, diagnostic systems, and warranty
requirements in effect at the time of the manufacture of that
motor vehicle. Like subdockets (A) and (B), passenger cars,
light-duty trucks, and medium-duty vehicles are covered by the
proposal, but heavy-duty vehicles are excluded. Please note
that subdockets (A) and (B) remain "alive", and that subdocket
(C) is another option which the Board wishes to pursue. The
subdocket (C) proposal will soon be published in the Illinois
Register. Questions on this docket may be directed to
Elizabeth Schroer Harvey at 312/814-6921.
BOARD PRAISED IN NEW BOOK FROM CONSERVATION
FOUNDATION
In a newly released book the Illinois Pollution Control
Board has been praised as an example of an effective state
environmental agency worthy of serving as a model for
environmental programs in other states and the nation. The
book, Integrated Pollution Control in Europe and North
America, was published this year by The Conservation
Foundation.
The book addresses the need for integrated air, land, and
water pollution controls and refers to the state of Illinois as
providing "a well-entrenched integrated institution for
environmental protection." The book points out that the IPCB,
as the only state board which hears cases and makes rules in
all media, "provides a setting in which the transfer, transport,
and transformation of pollutants across media is more likely to
be taken into account than in media-specific boards and
agencies."
Barry Rabe, one of the authors of the book, highlights two
of the board's cases as examples of its integrative perspective.
The book refers to a 1971 IPCB opinion which emphasized
the cross-media dangers of mercury. That decision noted
that mercury in sediment is often converted to a gas, dimethyl
mercury, which escapes into the atmosphere and is then
washed back to the earth through rain. That decision was also
applied in a more recent variance decision in 1988 which
required a tar and chemical corporation and a municipal
treatment plant to both participate in a program to reduce
mercury levels before the plant could accept the corporations's
contaminated discharge. The other example Rabe highlights
is the board's emergency scrap tire regulations. The rules
were enacted after the Asian tiger mosquito, a carrier of such
diseases as dengue fever and St. Louis encephalitis, was
found in Illinois in 1986 and 1987. The mosquitos use scrap
tire piles as breeding grounds and are spread when the tires
are moved from place to place. The emergency rules set
standards for the storage of scrap tires.
Environmental Register No. 415
October 24, 1990/Page 2
The book, edited by Nigel Haigh and Frances Irwin, can be
ordered through The Conservation Foundation, P.O. Box
4866, Hampden Post Office, Baltimore, Maryland 21211.
(301) 338-6951.
BOARD AND STAFF ACTIVITIES
Board Member Ronald C. Flemal has served as a Review
Panel Member for the 1991 Illinois Technology Challenge
Grant Program.
On September 14, 1990, Board Member Joan Anderson
spoke at the 59th Annual Illinois Potable Water Supply
Operators Conference about the role of the Pollution Control
Board and the new regulations adopted by the Board relating
to the federal Safe Drinking Water Act.
Board Member Jacob Dumelle spoke in favor of a leaf-
burning ban to the Lake Forest City Council on October 1st.
He pointed out that the burning of leaves releases 7 known
carcinogens, induces asthmatic and allergic reactions,
generates oxides of nitrogen which intensify the "greenhouse
effect" and allows airborne phosphorus to reach Lake Michigan
where it intensifies eutrophication (premature aging).
On October 26th Mr. Dumelle will address the Illinois
Manufacturers Association in Chicago on "Megatrends in the
Environment". He will discuss the push by 9 states to adopt
the tighter California auto emission standards in the context of
"Industry or Cars: Which will it be?" as well as other trends.
On October 13th Chairman John C. Marlin spoke at the
Environmental Law Seminar sponsored by The Southern
Illinois University School of Law Alumni Association.
Chairman Marlin discussed the Board's procedural rules and
trends in environmental law.
FINAL ACTIONS - OCTOBER 11, 1990 BOARD MEETING
PCB 86-48
Wells Manufacturing Co. v. IEPA - This matter was remanded to the Agency for further action consistent with the
First District Court Opinion.
PCB 87-89
Cargill, Inc. v. IEPA, et al. - There being no remaining issues between the parties, and no right of third party appeal of
air permits under the Act, this matter was dismissed and the docket closed.
PCB 90-47
Darrell Williams v. Shell Oil Co. This matter was dismissed on petitioner's motion.
PCB 90-73
People of the State of Illinois v. Illinois Cement Co., a joint venture - The Board accepted the Stipulation and
Settlement Agreement in which respondent agreed to pay a civil penalty of $8,000 concerning its LaSalle County
facility. Board Member J. Theodore Meyer dissented.
PCB 90-92
People of the State of Illinois v. Lennon Wallpaper Co., a Delaware corp. - The Board accepted the Stipulation and
Settlement Agreement in which respondent agreed to pay a civil penalty of $3,000 concerning its Will County facility.
Board Member J. Theodore Meyer dissented.
PCB 90-98
People of the State of Illinois v. Aggrecon Corp., an Iowa corp. - The Board accepted the Stipulation and Settlement
Agreement in which respondent admitted to past violations of the Act and Board air pollution regulations, agreed to
pay a civil penalty of $2,000 and to cease and desist from alleged violations at its Carroll County facility. Board
Member J. Theodore Meyer dissented.
PCB 90-105
People of the State of Illinois v. Evangelical Health Systems, a/k/a Christ Hospital, an Illinois Corporation - The Board
accepted the Stipulation and Settlement Agreement in which respondent admitted to past violations of the Act and
Board air pollution regulations, agreed to pay a civil penalty of $5,000 and to cease and desist from alleged violations
at its Cook County facility. Board Member J. Theodore Meyer dissented.
PCB 90-109
People of the State of Illinois v. Litho-Graphic Metal Corp., an Illinois Corp. - The Board accepted the Stipulation and
Settlement Agreement in which respondent admitted to past violations of the Act and Board air pollution regulations,
agreed to pay a civil penalty of $3,000 and to cease and desist from alleged violations at its Cook County facility.
Board Member J. Theodore Meyer dissented.
PCB 90-110
People of the State of Illinois v. Homak Mfg. Co., an Illinois Corp. - The Board accepted the Stipulation and
Settlement Agreement in which respondent admitted to past violations of the Act and Board air pollution regulations,
agreed to pay a civil penalty of $1,000 and to cease and desist from alleged violations at its Cook County facility.
Board Member J. Theodore Meyer dissented.
PCB 90-115
People of the State of Illinois v. Excello Color and Chemical Co., an Illinois Corp. - The Board accepted the
Stipulation and Settlement Agreement in which respondent admitted to past violations of the Act and Board air
pollution regulations, agreed to pay a civil penalty of $10,000 and to cease and desist from alleged violations at its
Cook County facility. Board Member J. Theodore Meyer dissented.
PCB 90-116
People of the State of Illinois v. Graham Paint and Varnish Co., Inc., an Illinois Corp. - The Board accepted the
Stipulation and Settlement Agreement in which respondent admitted to past violations of the Act and Board air
Environmental Register No. 415
October 24, 1990/Page 3
pollution regulations, agreed to pay a civil penalty of $2,750 and to cease and desist from alleged violations at its
Cook County facility. Board Member J. Theodore Meyer dissented.
PCB 90-120
People of the State of Illinois v. William J. Langheim, et al. - The Board accepted the Stipulation and Settlement
Agreement in which respondents admitted to past violations of the Act and Board air pollution regulations, agreed to
pay a civil penalty of $2,500 and to cease and desist from alleged violations at its Sangamon County facility. Board
Member J. Theodore Meyer dissented.
PCB 90-134
Village of Maple Park 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 barium standard for its Kane County facility. Board Member B. Forcade dissented.
PCB 90-169
FIW, Inc. v. IEPA - This matter was dismissed on petitioner's motion.
PCB 90-185
Mazer Chemical/Div. of PPG Inc. L0980355001/Lake County v. IEPA - The Board accepted the Agency
Recommendation and granted petitioner 30-day provisional variance from the Board's waste disposal regulations
relating to on-site storage of hazardous wastes for its Lake County facility.
PCB 90-186
Electric Energy, Inc., 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 total suspended solids effluent
requirements for its Massac County facility.
AC 89-263
IEPA v. Village of Hanover, et al. - The Board granted the Agency's motion to withdraw and closed the docket.
Ac 90-70
IEPA v. James Rhodes, d/b/a Rhodes Auto Service - The Board granted the Agency's motion to withdraw and closed
the docket.
AC 90-76
IEPA v. Johnson Blackwell - The Board found respondent violated Section 21(q)(1) of the Act and imposed a fine of
$500.
AC 90-77
IEPA v. Henry Nelch and Son Co. - The Board found respondent violated Sections 21(q)(1) and 21(q)(4) of the Act
and imposed a fine of $1,000.
AC 90-78
County of Jackson v. Everett Allen, d/b/a Allen Waste Management - The Board found respondent violated Section
21(p)(11) of the Act and imposed a fine of $500.
AC 90-80
County of Jackson v. Everett Allen, d/b/a Allen Waste Management - The Board found respondent violated Section
21(p)(11) of the Act and imposed a fine of $500.
NEW CASES - OCTOBER 11, 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 25, 1990.
PCB 90-179
Acme Finishing Co., Inc. v. IEPA - Petitioner seeks review of denial of permits for its Cook/DuPage County facility.
Held until October 25, 1990.
PCB 90-180
IEPA v. Container Corp. of America, a foreign corp. - Complainant alleges violations of the Act and Board air pollution
regulations at respondent's DuPage County facility. Hearing mandatory.
PCB 90-181
Village of Sauget v. IEPA - Petitioner seeks variance extension from the Board's water pollution regulations for its St.
Clair County facility. Accepted for hearing.
PCB 90-182
Ronald E. Tex and Susan D. Tex v. Samuel Scott Coggeshall et al. - Complainants allege violations of the Board's
noise regulations at respondent's Adams County facility. Held for duplicitous/
frivolous determination.
PCB 90-183
Gallatin National Co v. IEPA - Petitioner seeks variance and stay from the Board's waste disposal regulations for its
Fulton County facility. Accepted for hearing.
PCB 90-184
IEPA v. Hopper Paper Division, et al. - Complainant alleges violations of the Act and Board water pollution
regulations at respondent's Christian County facility. Hearing mandatory.
PCB 90-185
Mazer Chemical/Div. of PPG Inc., L0970355001/Lake County v. IEPA - See Final Actions.
Environmental Register No. 415
October 24, 1990/Page 4
PCB 90-186
Electric Energy, Inc., v. IEPA - See Final Actions.
CALENDAR *
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 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. Randolph 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.
November 20
P-A
Earl R. Bradd, as owner of the Bradd Sanitary Landfill v. EPA - PCB 90-173, Bloomington
10:00 a.m.
City Hall, City Council Chambers, 109 East Olive St., Bloomington.
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
Environmental Register No. 415
October 24, 1990/Page 5
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 6
A-E
People of the State of Illinois v. G & K Investments Inc., Gary Cross and Kevin Leesman -
9:30 a.m.
PCB 90-140, Logan County Courthouse, 601 Broadway, Lincoln.
December 13
UST-FRD Williamson Adhesives, Inc. v. EPA - PCB 90-168, State of Illinois Center, 100 W. Randolph
9:00 a.m.
St., Suite 11-500, Chicago
December 14
UST-FRD Williamson Adhesives, Inc. v. EPA - PCB 90-168, State of Illinois Center, 100 W. Randolph
9:00 a.m.
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 21
A-E
IEPA v. Columbia Quarry Company - PCB 90-161, County Conference Room, St. Clair County
9:30 a.m.
Building, 5th Floor, 10 Public Square, Belleville.
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, 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
Environmental Register No. 415
October 24, 1990/Page 6
WWS
WATER-WELL SETBACK EXCEPTION
UST-FRD UNDERGROUND STORAGE TANK FUND REIMBURSEMENT DETERMINATION

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