Printed by Authority of the State of Illinois, January 23, 1991, 3,700 copies, order #57701.
ENVIRONMENTAL REGISTER
ENVIRONMENTAL REGISTER
No. 422
February 20, 1991
BOARD SENDS AMENDMENTS TO LANDFILL
REGULATIONS TO FIRST NOTICE, R90-26
On February 7, 1991, the Board sent to First Notice a
proposal filed on December 3, 1990, by the Illinois Steel
Group and the Illinois Cast Metals Association (ICMA). The
proposal amends the development, operating and reporting
requirements for non-hazardous waste landfills that were
developed in R88-7 and amended in 35 Ill. Adm. Code
102.121.
Copies of the Opinion and Proposal are available from the
Clerk of the Board at 312/814-3620. A 45-day comment
period will begin upon publication of the proposed rules in the
Illinois Register. Those wishing to be placed on the notice list
may contact Deborah Stonich at 312/814-6926.
BOARD ADOPTS FIRST NOTICE FOR
LIVESTOCK WASTE AMENDMENTS, R90-7
On February 7, 1991, the Board adopted by a 6-0 vote a
First Notice Opinion and Order in R90-7, Amendments to 35
Ill. Adm. Code 501 Agriculture-Related Pollution (Management
of Livestock Wastes). Board Member Jacob Dumelle was
absent for the vote.
The proposed amendments would modify existing
regulatory provisions dealing with the siting of new livestock
management facilities, and livestock waste-handling facilities.
New livestock management facilities and waste-handling
facilities would be prohibited from locating within 1/2 mile of a
populated area or within 1/4 mile of a non-farm residence,
unless located within a designated Agricultural Area, or the
facility undergoes expansion or complies within local zoning
requirements, as specified in the proposed amendments.
The proposal would also allow for more liberal use of
vegetative filters for the treatment of livestock waste generated
at small- to medium-sized facilities.
The proposed amendments would further establish
requirements for the field application of livestock wastes.
Operators would be required to practice odor control methods
so as not to cause air pollution. The proposal is designed to
reduce the potential for odors which constitute air pollution
with minimum description of farming practices.
Copies of the Opinion and Proposed Rules are available
from the Clerk of the Board at 312/814-3620. The proposed
rules will be published in the Illinois Register. A 45-day
comment period begins upon publication. Questions
concerning these proposed amendments may be directed to
Michelle Dresdow at 815/753-0947.
BOARD DISMISSES TWO SUBDOCKETS IN
CALIFORNIA EMISSION STANDARD RULEMAKING
On February 7, 1991, the Board dismissed
subdockets (A) and (B) of its proposal to adopt portions of the
California motor vehicle control program. (Docket R89-17 (A)
and (B).) The dismissed subdockets were proposed by the
Board on April 12, 1990, and proposed that Illinois adopt
numerical emission limitations for passenger cars and light
and medium duty vehicles identical to those limits which will
be in effect in California in 1993. The Board's order dismissing
subdockets (A) and (B) specifically noted that subdocket (C),
proposed by the Board on October 11, 1990, remains under
consideration by the Board. The exhibits, transcripts, and
comments from subdockets (A) and (B) will remain in the
record of subdocket (C). Questions may be addressed to
Elizabeth Schroer Harvey, hearing officer, at 312/814-6921.
BOARD ACCEPTS RACT DEFICIENCY RULEMAKING
PROPOSALS FOR HEARING
In January 1991, the Illinois Environmental Protection
Agency (Agency) filed two rulemaking proposals with the
Board which seek to correct deficiencies identified by the
United States Environmental Protection Agency in Illinois'
state implementation plan (SIP) for ozone in the Chicago and
Metro-East (East St. Louis) areas. The proposals contain
regulations requiring the implementation of reasonably
available control technology (RACT) for certain sources of
volatile organic material (VOM). The Agency certified that
both proposals are federally required rules, pursuant to Section
28.2 of the Environmental Protection Act, in part because the
federal Clean Air Act Amendments of 1990 require the states
to submit RACT corrections by May 15, 1991.
On February 7, 1991, the Board accepted both proposals
for hearing, and accepted the Agency's certification that the
Page 2/February 20, 1991
Environmental Register No. 422
proposals are federally required. Interested persons have 21
days from that date to recommend that the Board request or
not request that an economic impact study (EcIS) be prepared
on the proposals. The Board will make its EcIS determination
by April 7, 1991. Hearings on both proposals will be held in
April 1991. The proposals have been docketed as R91-7 (the
Chicago proposal) and R91-8 (the Metro-East proposal).
Copies of the proposals can be obtained through the Clerk's
office ($0.25 per page) at 312/814-3620. Questions on these
proceedings should be directed to Elizabeth Schroer Harvey,
hearing officer, at 312/814-6921.
RESTRICTED STATUS AND CRITICAL REVIEW
LISTS FOR SEWAGE TREATMENT IN THIS
ISSUE
The Illinois Environmental Protection Agency, Division of
Water Pollution Control, is publishing copies of the Division's
Restricted Status and Critical Review lists at the end of this
issue of the Environmental
Register. These lists reflect the status as of December 30,
1990.
GOVERNOR AND IEPA DIRECTOR TO SPEAK
AT WASTE CONFERENCE
Governor Jim Edgar and Mary Gade, director of the Illinois
Environmental Protection Agency, will speak at the "Waste in
the Heartland" conference on February 27-March 1, 1991, at
the Marriott Hotel, 540 North Michigan Avenue, in Chicago.
The annual conference is being held by The Lake Michigan
States Section of the Air and Waste Management Association.
Sessions on siting, Remediation, RCRA, Superfund, Risk
Assessment, Recycling, and Municipal Waste are included.
Experts on waste issues will be available in an exhibit area,
and an optional tour of an incinerator and waste disposal
facility will be offered. Call Kathleen Conway at 312/814-3469
to receive a registration form.
PUBLIC AFFAIRS AWARD LECTURE
Dr. Leon Lederman, Professor of Physics, University of
Chicago and Director Emeritus of Fermilab, has been chosen
to receive the Public Affairs Award of the Chicago Section of
the American Chemical Society. Dr. Lederman is being
honored for his pioneering work in science education for youth
and the public and his role as science advisor to the Governor.
Dr. Lederman received the Nobel Prize for physics in 1982
and at the present time is president of the American
Association for the Advancement of Science. Dr. Lederman
will give his award lecture titled "Science and the Public: PI vs.
PR" on Friday, March 22 at 8:00 p.m. at Montaseros's
Ristorante, 3935 W. Devon Ave. For further information, call
Mr. Ron Sykstus at 312/461-9595.
FINAL ACTIONS - FEBRUARY 7, 1991 BOARD
MEETING.
PCB 86-104
IEPA v. Sours Grain Co. - The Board granted the joint motion to reopen the docket and accepted Stipulation II in
which respondent admitted violations of Stipulation I and to pay a fine of $1,000 into the Environmental Protection
Trust Fund concerning its Tazewell/Peoria County facility. Board Member J. Theodore Meyer dissented.
PCB 86-180
Ceco Corp. v. IEPA - The Board denied petitioner's motion for reconsideration finding that it restated arguments
considered by the Board in its December 20, 1990 Opinion and Order concerning petitioner's Will/DuPage County
facility.
PCB 89-64
Will County Environmental Network v. Gallagher Asphalt - The Board, having had no response from complainant to
its Order of November 29, 1990 that petitioner had not implemented remedial action by December 14, 1990, closed
this docket.
PCB 89-72
Olin Corp. (Joliet Plant) v. IEPA - The Board accepted the Agency Recommendation and granted petitioner variance,
with conditions, from the Board's air pollution regulations as applied to scrubbers in A & B Buildings for its Will
County facility.
PCB 90-126
Marathon Petroleum Co. v. IEPA - The Board affirmed the conditions imposed by the Agency in the RCRA Part B
permit modification for petitioner's Crawford County facility.
PCB 90-167
City of Morris 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 combined radium-226 and radium-228 standard and gross alpha particle activity in drinking
water for its Grundy County facility. Board Member B. Forcade dissented.
PCB 90-172
Waste Management of Wisconsin, Inc. v. IEPA - This matter was dismissed on petitioner's motion.
Environmental Register No. 422
February 20, 1991/Page 3
PCB 90-226
City of Toluca 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 combined radium-226 and radium-228 standard and gross alpha particle activity in drinking
water for its Marshall County facility. Board Member B. Forcade dissented.
PCB 90-243
Finks & Austman, a partnership v. IEPA - The Board granted the Agency's motion and dismissed the matter.
PCB 91-1
Alton Community Unit School District #11 v. IEPA -The Board affirmed the Agency's determination that petitioner's
application for corrective reimbursement costs is subject to a $100,000 deductible, and granted the Agency's motion
for summary judgment concerning petitioner's Madison County facility.
PCB 91-23
Crosfield Catalysts v. IEPA - The Board accepted the Agency Recommendation and granted petitioner provisional
variance from the Board's waste disposal regulations relating to 90-day on-site limitations for hazardous wastes at its
Cook County facility. Board Members B. Forcade and J. Theodore Meyer concurred.
PCB 91-24
Shell Oil Co. v. IEPA - The Board accepted the Agency Recommendation and granted petitioner provisional variance
from the Board's waste disposal regulations relating to 90-day on-site limitations for hazardous wastes at its Cook
County facility. Board Members B. Forcade and J. Theodore Meyer concurred.
PCB 91-25
Precision Coatings, Inc. v. IEPA - The Board accepted the Agency Recommendation and granted petitioner
provisional variance from the Board's waste disposal regulations relating to 90-day on-site limitations for hazardous
wastes at its Bureau County facility. Board Members B. Forcade and J. Theodore Meyer concurred.
PCB 91-26
Precoat Metals v. IEPA - The Board accepted the Agency Recommendation and granted petitioner provisional
variance from the Board's waste disposal regulations relating to 90-day on-site limitations for hazardous wastes at its
Madison County facility. Board Members B. Forcade and J. Theodore Meyer concurred.
PCB 91-27
Rockford Products #2 v. IEPA - The Board accepted the Agency Recommendation and granted petitioner provisional
variance from the Board's waste disposal regulations relating to 90-day on-site limitations for hazardous wastes at its
Winnebago County facility. Board Members B. Forcade and J. Theodore Meyer concurred.
AC 89-156
(A & B)
IEPA v. John A. Gordon - The Board found respondent violated Il. Rev. Stat. 1989, ch. 111 1/2 par. 1021(q)(1) and
1021(q)(3), imposed a fine of $1,000 payable to the Illinois Environmental Protection Trust Fund concerning its
Jacobson County facility, closed Docket A, opened Docket B and ordered the Agency and Board to file a statement of
its hearing costs supported by affidavit with service upon respondent.
AC 90-96
County of Will v. American Fly Ash Co. - The Board found respondent violated Section 21(p)(3) of the Act and
imposed a fine of $500.
AC 90-97
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 90-98
Logan County Health Department v. Lincoln/Logan Landfill, Inc. - The Board found respondent violated Sections
21(p)(5), 21(p)(11) and 21(p)(12) of the Act and imposed a fine of $1,500.
AC 90-99
St. Clair County v. Richard Gorazd, Jr. d/b/a State Construction Co. - The Board found respondent violated Section
21(q)(1) of the Act and imposed a fine of $500.
NEW CASES - FEBRUARY 7, 1991 BOARD MEETING
PCB 90-243
Finks & Austman, a partnership v. IEPA - See Final Actions.
PCB 91-17
BF Goodrich Corp. v. IEPA - Petitioner seeks permit review for its Marshall County facility. Set for hearing.
PCB 91-18
Illinois Central Railroad, (Centralia Facility) v. IEPA - Petitioner seeks permit review for its Marion County facility. Set
for hearing.
PCB 91-19
People of the State of Illinois v. Sun Ag, Inc. Complainant alleges violations of the Act and Board water pollution
regulations at respondent's Woodford County facility. Hearing mandatory.
PCB 91-20
People of the State of Illinois v. Amoco Petroleum Additives Co., a Delaware Corp. - Complainant alleges violations
of the Act at respondent's Madison County facility. Hearing mandatory.
PCB 91-21
Village of Gardner v. IEPA - Petitioner seeks variance from the Board's public water supplies regulations relating to
Page 4/February 20, 1991
Environmental Register No. 422
Standards for Issuance and Restricted Status concerning its Grundy County facility. Held for Agency
Recommendation.
PCB 91-22
City of Minonk v. IEPA - Petitioner seeks variance from the Board's public water supplies regulations relating to
Standards for Issuance and Restricted Status concerning its Woodford County facility. Held for Agency
Recommendation.
PCB 91-23
Crosfield Catalysts v. IEPA - See Final Actions.
PCB 91-24
Shell Oil Co. v. IEPA - See Final Actions.
PCB 91-25
Precision Coatings, Inc. v. IEPA - See Final Actions.
PCB 91-26
Precoat Metals v. IEPA - See Final Actions.
PCB 91-27
Rockford Products #2 v. IEPA - See Final Actions.
PCB 91-28
Acme Steel Co. v. IEPA - Petitioner seeks permit review concerning it Cook County facility. Set for hearing.
CALENDAR*
February 22
L-S-R
Frank Whitlock, et al. v. Montgomery County Board of Supervisors, Robert Bishop and
10:00 a.m.
Arminda Bishop - PCB 90-231, County Boardroom, Third Floor, Montgomery County
Courthouse, Hillsboro.
February 28
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference Room
9-040, Chicago.
March 1
A-S
In the Matter of: Petition of Stepan Company for Adjusted Standard 35 Ill. Adm. Code 215.2602
9:30 a.m.
- AS 88-2, Bicentennial Park, 201 W. Jefferson, Heritage Room, Joliet.
March 6 UST-FRD
Marjorie B. Campbell v. EPA - PCB 91-5, Livingson County Courthouse, County Board 10:00 a.m.
Room, 112 E. Madison, Pontiac.
March 7
P-A
Caterpillar, Inc. v. EPA - PCB 90-195, Peoria County Courthouse, County Board Room, 324
9:00 a.m.
Main St., Peoria.
March 11
P-A
Sexton Environmental System, Inc. v. EPA - PCB 91-4, Law Office of Joshua Sachs, 134 N.
10:00 a.m.
LaSalle St., Suite 2222, Chicago.
March 14
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference
Room 9-040, Chicago.
March 15
L-S-R
Land and Lakes Company, JMC Operations, Inc. and MBD Trust Company of Illinois as trustee,
10:00 a.m.
v. Village of Romeoville - PCB 91-7, Romeoville Village Hall, Village Board Room, 13
Montrose St., Romeoville.
March 21
R
Toxic Air Contaminants (35 Ill. Adm. Code 232) -R90-1, State of Illinois Center, 100 W.
9:00 a.m.
Randolph St., Room 9-040, Chicago.
March 27
W-E
People of the State of Illinois v. Raging Rivers Water Park, Inc. - PCB 90-217, Jersey County
10:30 a.m.
Courthouse, Courtroom B, 201 W. Pearl, Jerseyville.
March 28
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference
Room 9-040, Chicago.
April 11
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference
Room 9-040, Chicago.
April 17
P-A
Spraying Systems Company v. EPA - PCB 90-215, DuPage County Building, 421 N. County 2:00 p.m.
Farm Rd., Room 2A, Wheaton.
April 25
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference
Room 9-040, Chicago.
Environmental Register No. 422
February 20, 1991/Page 5
May 9
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference
Room 9-040, Chicago.
May 23
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference
Room 9-040, Chicago.
June 6
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference
Room 9-040, Chicago.
June 20
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St., Conference
Room 9-040, Chicago.
July 10
W-E
Herman W. Prescott v. City of Sycamore - PCB 90-187, DeKalb County Courthouse, Room 10:00 a.m.
206, 133 W. State St., Sycamore.
July 11
W-E
Herman W. Prescott v. City of Sycamore - PCB 90-187, DeKalb County Courthouse, Room 10:00 a.m.
206, 133 W. State St., Sycamore.
July 16
A-S
Petition of Granite City Steel for Adjusted Standard. 35 Ill. Adm. Code 302.102, 302.208,
10:00 a.m.
302.210 and Subpart F. Procedures for Determining Water Quality Criteria - AS 90-4, Mayor's
Conference Room, City Hall, 2nd Floor, 200 Edison Ave., Granite City.
September 16
P-A
Olin Corporation v. EPA - PCB 89-178, Alton City Hall, 101 E. Third St., Alton.
10:00 a.m.
* Times and locations of hearings and meetings appearing in the Environmental Register are subject to cancellation or rescheduling
without notice. Confirmation of that information may be obtained from the Clerk of the Board at 312/814-6931.
** The Pollution Control Board meetings listed in the calendar (highlighted) are unlike the other hearings listed in that, while they are
open to the public, public participation is generally not allowed, except upon the granting of a motion for oral argument.
CALENDAR CODE:
A-C
ADMINISTRATIVE CITATION
A-E
AIR ENFORCEMENT
A-S
ADJUSTED STANDARD
A-V
AIR VARIANCE
CSO
COMBINED SEWER
L-E
LAND ENFORCEMENT
OVERFLOW EXCEPTION
L-S-R
LANDFILL SITING REVIEW
L-V
LAND VARIANCE
N-E
NOISE ENFORCEMENT
N-V
NOISE VARIANCE
P-A
PERMIT APPEAL
PWS-E
PUBLIC WATER SUPPLY ENFORCEMENT
PWS-V
PUBLIC WATER SUPPLY VARIANCE
R
REGULATORY PROCEEDING
S0
2
S0
2
ALTERNATIVE STANDARDS
SWH-E
SPECIAL WASTE HAULING ENFORCEMENT
SWH-V
SPECIAL WASTE HAULING VARIANCE
T
THERMAL DEMONSTRATION RULE
(35 ILL. ADM. CODE 302.211(F)
T-C
TAX CERTIFICATIONS
T-S
TRADE SECRETS
W-E
WATER ENFORCEMENT
W-V
WATER VARIANCE
WWS
WATER-WELL SETBACK EXCEPTION
UST-FRD UNDERGROUND STORAGE TANK FUND REIMBURSEMENT DETERMINATION