Printed by Authority of the State of Illinois, October 9, 1991, 3,700 copies, order #57701.
    ENVIRONMENTAL REGISTER
    ENVIRONMENTAL REGISTER
    No. 437
    No. 437
    October 9, 1991
    October 9, 1991
    BOARD ADOPTS SECOND NOTICE IN
    R89-5, GROUNDWATER PROTECTION: REGULATIONS
    FOR EXISTING AND NEW ACTIVITIES WITHIN
    SETBACK ZONES AND REGULATED RECHARGE
    AREAS ("TECHNICAL STANDARDS")
    On September 12, 1991, the Board adopted a Second
    Notice Opinion and Order (7-0 Opinion and Order of the
    Board by R.C. Flemal, J.D. Dumelle and B. Forcade
    concurring,and Supplemental Opinion by J. Anderson). The
    rulemaking is being conducted pursuant to Section 14.4 of
    the Environmental Protection Act which mandates that the
    Board adopt regulations prescribing standards and
    requirements for certain activities within setback zones and
    regulated recharge areas. The affected activities include, in
    general, those activities that offer significant potential for
    producing groundwater contamination. Affected activities in
    the proposed rule are landfilling, land treating, surface
    impounding, piling of wastes, use of underground storage
    tanks, storage of pesticides, fertilizer, road oil, or de-icing
    agents.
    The Board ordered that the rules, as amended in
    response to comments, be submitted to the Joint Committee
    on Administrative Rules. Interested persons should contact
    Michelle Dresdow, (815) 753-0947.
    BOARD REPROPOSES AIR TOXICS LIST FOR FIRST
    NOTICE,
     
    R90-1
    On September 26, 1991 the Board voted (7-0) to send
    the Illinois Environmental Protection Agency's Air Toxics
    List proposal (R90-1) to second first notice. The list of 266
    toxic air contaminants, its carcinogen and toxicology scoring
    scheme, and listing and delisting procedures will be
    published shortly in the Illinois Register. The proposal now
    lists all toxic air contaminants whether emitted in Illinois or
    not.
    The Board's second first notice Opinion and Order can
    be obtained from the Clerk of the Board at (312) 814-3620.
    Questions regarding the proposed rule should be directed
    to Mark P. Miller at (217) 333-5574.
    FINAL NOTICE FOR PM-10 EMISSION LIMITS, R91-6
    On September 26, 1991, the Board voted 7-0 to adopt
    for second notice the regulation involving PM-10 emissions
    for the portland cement manufacturing plant and quarry
    operations of Lone Star Industries in Oglesby, LaSalle
    County. This rulemaking is federally required and will
    become part of the Illinois State Implementation Plan ("SIP")
    for PM-10.
    Copies of the Board's final opinion and order are
    available upon request from the Clerk of the Board at (312)
    814-3620. Questions concerning this proposal may be
    directed to Marie E. Tipsord at 312/814-4925.
    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 made since the previous publication.
    BOARD AND STAFF ACTIVITIES
    Board Member Ronald Flemal spoke at a meeting of the
    Central Regional Groundwater Protection Planning
    Committee on October 2, 1991. He spoke on the Board's
    role in developing groundwater protection regulations.

    Page 2/October 9, 1991
    Environmental Register No. 437
    FINAL ACTIONS - SEPTEMBER 26, 1991 BOARD MEETING
    PCB 88-175
    Jefferson Smurfit Corp. v. IEPA - This matter was remanded to the Agency and the docket closed.
    PCB 90-188
    American Steel & Wire Corp. v. IEPA - This matter was dismissed on petitioner's motion.
    PCB 91-60
    People of the State of Illinois v. Thomas Steel Corp, an Illinois Corporation et al. - The Board accepted the
    Stipulation and Settlement Agreement in which respondents agreed to pay a sum of $1,000 designated to
    the Environmental Protection Trust Fund concerning its Cook County facility. Board Members J.D. Dumelle
    and J. Theodore Meyer dissented.
    PCB 91-88
    County of Lake (Vernon Hills Water Supply System) v. IEPA - The Board accepted the Agency
    Recommendation and granted petitioner variance, with conditions, from the Board's public water supplies
    regulations concerning Standards for Issuance and Restricted Status relating to the standard for combined
    radium-226 and radium-228 in drinking water for its Lake County facility. Board Member B. Forcade
    dissented. Board Member J.D. Dumelle concurred.
    PCB 91-89)
    PCB 91-90)
    Citizens for Controlled Landfills et al v. Laidlaw Waste Systems, Inc. et al. - The Board affirmed the decision
    of the St. Clair County Board to approve site location expansion for a landfill facility in St. Clair County.
    PCB 91-96
    The Ensign Bickford Co. v. IEPA - The Board granted petitioner variance, with conditions, from the Board's
    air pollution regulations concerning open burning of explosive contaminated equipment at its Union County
    facility. Board Member B. Forcade dissented. Board Member J.D. Dumelle concurred.
    PCB 91-107
    Village of Oak Brook 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 in drinking
    water for its DuPage/Cook County facility. Board Member B. Forcade dissented. Board Member J.D.
    Dumelle concurred.
    PCB 91-110
    Indian Refining Limited Partnership v. IEPA - The Board granted petitioner's motion for reconsideration of its
    July 25, 1991 order dismissing petitioner's permit appeal, and affirmed the dismissal.
    PCB 91-177
    DeKalb Sanitary District v. IEPA - The Board accepted the Agency Recommendation and granted petitioner
    provisional variance, with conditions, from the Board's water pollution regulations concerning the ammonia
    nitrogen, biochemical oxygen demand and suspended solids effluent requirements for its DeKalb facility.
    Board Members J.D. Dumelle and B. Forcade concurred.
    PCB 91-181
    Material Service Corp. & City of Georgetown v. IEPA - The Board accepted the Agency Recommendation
    and granted petitioner provisional variance, with conditions, from the Board's water pollution regulations
    concerning its Vermilion County facility. Board Member J.D. Dumelle concurred.
    R91-6
    In The Matter Of: PM-10 Emission Limits for the Portland Cement Manufacturing Plant and Associated
    Quarry Operations Located South of the Illinois River in LaSalle County, Illinois - This rulemaking
    establishes PM-10 emission limits for a single facility owned and operated by Lone Star Industries in
    Oglesby, Illinois.
    NEW CASES - SEPTEMBER 26, 1991 BOARD MEETING
    PCB 91-136
    Don Bolander v. Monticello Bus Service, Wayne Kruger - Complainant alleges violations of the Board's
    noise regulations at respondent's Piatt County facility. The Board granted petitioner's request for additional
    time to respondent to the complaint and ordered respondent to file its response no later than October 28,
    1991. Board Member J. D. Dumelle dissented.
    PCB 91-152
    Envirite Corp. v. IEPA and Peoria Disposal Co. et al. - Complainant alleges violations of the Act relating to
    hazardous wastes at a Peoria County Landfill. Held until October 10, 1991.
    PCB 91-153
    Clyde R. Dace v. D. Kohlhase, Fire Chief, Fox River Grove Fire Protection District - Complainants allege
    violations of the Board's noise pollution regulations at respondent's McHenry County facility. Held until
    October 10, 1991.
    PCB 91-154
    Carrell and Mary Bates v. Edward E. Brake et al. -Complainants allege contamination from underground

    Environmental Register No. 437
    October 9, 1991/Page 3
    storage tank leaks at respondent's Champaign County facility. The Board found the complaint not
    duplicitous/frivolous. Accepted for hearing.
    PCB 91-171
    Monsanto Co. v. IEPA - Petitioner seeks air permit review for its St. Clair County facility. Accepted for
    hearing.
    PCB 91-172
    John Plosila v. Bandito Barney's et al. - Complainant alleges violations of the Board's noise pollution
    regulations at respondent's Kane County facility. Held for duplicitous/frivolous determination.
    PCB 91-173
    Marathon Oil Co. v. IEPA - Petitioner seeks NPDES variance for its Crawford County facility. Accepted for
    hearing.
    PCB 91-174
    Enterprise Leasing Co. v. IEPA - Petitioner seeks review of an underground storage tank reimbursement
    determination concerning its Cook County facility. Accepted for hearing.
    PCB 91-175
    Ball Corp., Ball Metal Decorating and Service Division v. IEPA - Petitioner seeks air permit review
    concerning its Cook County facility. Accepted for hearing.
    PCB 91-176
    M & D Flexographic Printers, Inc. v. IEPA - Petitioner seeks variance from the Board's air pollution
    regulations concerning its Cook County facility. Accepted for hearing.
    PCB 91-177
    DeKalb Sanitary District v. IEPA - See Final Actions.
    PCB 91-178
    Commonwealth Edison Co. (Patterson Road in Joliet) v. IEPA - Petitioner seeks NPDES permit review
    concerning its Will County facility. Accepted for hearing.
    PCB 91-179
    Commonwealth Edison Co. (West Cermak Road in Chicago) v. IEPA - Petitioner seeks NPDES permit
    review concerning its Cook County facility. Accepted for hearing.
    PCB 91-180
    Commonwealth Edison Co. (Larkin Avenue in Joliet) v. IEPA - Petitioner seeks NPDES permit review
    concerning its Will County facility. Accepted for hearing.
    PCB 91-181
    Material Service Co. & City of Georgetown v. IEPA - See Final Actions.
    CALENDAR
    October 11
    10:00 a.m.
    A-C
    County of Jackson v. William S. Popejoy, Sr. - AC 91-34, Jackson County Courthouse,
    Courtroom, Murphysboro.
    October 15
    10:00 a.m.
    N-E
    Susan Curtis and Marcy Diesing v. Material Service Corporation - PCB 91-30, Crystal Lake
    City Hall, Council Chambers, 100 W. Municipal Complex, Crystal Lake.
    October 16
    10:00 a.m.
    N-E
    Susan Curtis and Marcy Diesing v. Material Service Corporation - PCB 91-30, Crystal Lake
    City Hall, Council Chambers, 100 W. Municipal Complex, Crystal Lake.
    October 17
    10:00 a.m.
    UST-
    FRD
    Salvation Army v. EPA - PCB 91-131, 9 North County Street, Suite 202, Waukegan.
    October 18
    10:00 a.m.
    P-A
    Christian County Landfill, Inc. v. EPA - PCB 91-141, City Council Chambers, 115 N. Main St.,
    Taylorville.
    October 18
    10:00 a.m.
    UST-
    FRD
    Lawrence Cadillac v. EPA - PCB 91-133, State of Illinois Center, 100 W. Randolph St., Suite
    11-500, Chicago.
    October 22
    10:00 a.m.
    P-A
    Burlingon Northern Railroad Company v. EPA - PCB 91-11, Knox County Courthouse,
    Conference Room, 110 S. Cherry St., Galesburg.
    October 22
    10:00 a.m.
    P-A
    Amoco Oil Company (Wood River Refinery) v. EPA - PCB 91-137, Alton City Hall, 101 E. Third
    St., Alton.
    October 23
    10:00 a.m.
    P-A
    Staunton Landfill, Inc. v. EPA - PCB 91-95, Macoupin County Courthouse Boardroom
    (basement), Carlinville.
    October 23
    N-E
    James W. Turner, Sr. v. Mr. Richard P. Toft, President, Chicago, Title & Trust Company - PCB

    Page 4/October 9, 1991
    Environmental Register No. 437
    3:00 p.m.
    91-146, Normal City Hall, 100 E. Phoenix Ave., Normal.
    October 23
    3:00 p.m.
    N-E
    James W. Turner, Sr. v. Mark Edmiston - PCB 91-147, Normal City Hall, 100 E. Phoenix Ave.,
    Normal.
    October 23
    3:00 p.m.
    N-E
    James W. Turner, Sr. v. Don Franke - PCB 91-148, Normal City Hall, 100 E. Phoenix Ave.,
    Normal.
    October 23
    10:00 a.m.
    R
    In the Matter of: PM-10 Emission Limits in the McCook and Lake Calumet Areas of Cook
    County, Illinois, and the Granite City Area of Madison County, Illinois: 35 Ill. Adm. Code Parts
    211 and 212 - R91-22, State of Illinois Center, 100 W. Randolph St., Suite 9-040, Chicago.
    October 24
    Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
    Conference Room 9-040, Chicago.
    October 29
    10:00 a.m.
    R
    In the Matter of: PM-10 Emission Limits in the McCook and Lake Calumet Areas of Cook
    County, Illinois, and the Granite City Area of Madison County, Illinois: 35 Ill. Adm. Code Parts
    211 and 212 - R91-22, Edwardsville City Hall, Council Chambers, 400 N. Main St.,
    Edwardsville.
    November 4
    9:30 a.m.
    W-E
    Goose Lake Association v. Robert J. Drake, Sr., First National Bank of Joliet as Trustee, Trust
    No. 370 - PCB 90-170, Grundy County Courthouse, County Boardroom, 111 E. Washington
    St., Morris.
    November 5
    9:30 a.m.
    W-E
    Goose Lake Association v. Robert J. Drake, Sr., First National Bank of Joliet as Trustee, Trust
    No. 370 - PCB 90-170, Grundy County Courthouse, County Boardroom, 111 E. Washington
    St., Morris.
    November 6
    9:00 a.m.
    N-E
    Ronald E. Tex and Susan D. Tex v. S. Scott Coggeshall, Coggeshall Construction Company,
    Chester Bross, Mike Bross, Jeff Bross and Chester Bross Construction Company - PCB 90-
    182, McDonough County Courthouse, Law Library, Third Floor, Macomb.
    November 6
    1:00 p.m.
    P-A
    IBP, Inc. v. EPA - PCB 88-98, Rock Island County Building, 1504 3rd Ave., Third Floor Board
    Room, Rock Island.
    November 7
    9:00 a.m.
    N-E
    Ronald E. Tex and Susan D. Tex v. S. Scott Coggeshall, Coggeshall Construction Company,
    Chester Bross, Mike Bross, Jeff Bross and Chester Bross Construction Company - PCB 90-
    182, McDonough County Courthouse, Law Library, Third Floor, Macomb.
    November 7
    Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
    Conference Room 9-040, Chicago.
    November 8
    10:00 a.m.
    UST-
    FRD
    Clinton County Oil Co., Inc., and Hoffman/Meier's Shell and Clarence Meier v. EPA - PCB 91-
    163, City Council Chambers, 850 Franklin St., Carlyle.
    November 14
    10:00 a.m.
    A-S
    In the Matter of Granite City Division of National Steel for Adjusted Standards from 35 Ill. Adm.
    Code 301.102, 302.208, 302.210 and Subpart F, Procedures for Determining Water Quality
    Criteria - AS 90-4, City Hall, Mayor's Conference Room, Second Floor, 200 Edison Avenue,
    Granite City.
    November 14
    9:30 a.m.
    P-A
    Stephan Company v. EPA - PCB 90-42, Will County Courthouse, 14 W. Jefferson St., Joliet.
    November 19
    10:00 a.m.
    P-A
    BF Goodrich Corporation (Henry Facility) v. EPA - PCB 91-17, Marshall County Courthouse,
    County Board Room, 122 N. Prairie, Lacon.
    November 21
    Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
    Conference Room 9-040, Chicago.
    November 21
    10:30 a.m.
    P-A
    The City of Metropolis v. EPA - PCB 90-8, Metropolis City Hall, City Council Chambers, 106 W.
    5th St., Metropolis.
    November 27
    9:30 a.m.
    N-E
    Oather Druen, Evelyn Druen, and Amy Pirtle v. James Leonard - PCB 91-128, Criminal Justice
    Center, 707 Etna Road, Ottawa.

    Environmental Register No. 437
    October 9, 1991/Page 5
    December 5
    Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
    Conference Room 9-040, Chicago.
    December 12
    10:00 a.m.
    UST-
    FRD
    Kronon Motor Sales v. EPA - PCB 91-138, State of Illinois Center, 100 W. Randolph St., Suite
    11-500, Chicago.
    December 13
    10:00 a.m.
    N-E
    Karl Christ and Helen Christ v. Compost Enterprises, Inc. - PCB 91-50, McHenry City Hall, 333
    S. Green St., McHenry.
    December 16
    10:00 a.m.
    P-A
    Monsanto Company v. EPA - PCB 91-57, Sauget Village Hall, 2897 Falling Springs Road,
    Sauget.
    December 19
    Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
    Conference Room 9-040, Chicago.
    * 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

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