Printed by Authority of the State of Illinois, October 23, 1991, 3,700 copies, order #57701.
ENVIRONMENTAL REGISTER
ENVIRONMENTAL REGISTER
No. 438
No. 438
October 23, 1991
October 23, 1991
BOARD ADOPTS EXEMPTIONS FROM VOM, R91-10
On September 12, 1991, the Board adopted final
amendments that incorporate into its Air Pollution Control
rules the latest version of the USEPA's "Recommended
Policy on the Control of Volatile Organic Compounds." That
USEPA policy revision added five compounds and four
classes of compounds to the list of negligibly-
photochemically-reactive compounds exempted from
regulation as volatile organic compounds (VOMs). Copies
of the Board's Opinion and Order are available from the
Clerk of the Board at 312/814-3620.
BOARD MAKES EcIS DETERMINATION IN PM-10
PROPOSAL (R91-22)
On October 10, 1991, the Board determined that no
economic impact study (EcIS) is necessary in the proposed
PM-10 rules for the McCook and Lake Calumet areas of
Cook County, and the Granite City area of Madison County.
(Docket R91-22.) Both the Illinois Environmental Protection
Agency (Agency) and the Illinois Department of Energy and
Natural Resources (ENR) asked that no EcIS be prepared.
Two formal studies of the economic impact of the proposed
rules have already been submitted, and ENR has stated
that it will have those studies updated in response to
amendments to the proposal. In determining that an EcIS is
not necessary, the Board noted that the record currently
contains more
economic information than usually exists at this point in a
proceeding, and that both existing and new information can
be explored in the hearing process and in written
comments. Additionally, given the federal deadline in this
proceeding, the Board found that it is not appropriate to
request an EcIS. Questions on this proceeding should be
directed to Elizabeth Schroer Harvey at 312/814-6921.
BOARD DETERMINES NO EcIS NECESSARY IN DIESEL
RULEMAKING
On September 26, 1991, the Board determined that no
Economic Impact Study ("EcIS") was necessary in R90-20,
Diesel Vehicle Exhaust Opacity Limits. Section 27(a) of the
Illinois Environmental Protection Act requires the Board to
make a finding as to whether am EcIS is needed. In making
this determination, the Board noted that the record to date
contains a vast amount of economic information. Hearings
were held in this proposed regulation on September 19th
and October 3rd of this year. The comment period ends on
November 1, 1991. Questions should be directed to
Timothy P. Dwyer at (312) 814-3620.
BOARD AND STAFF ACTIVITIES
Board Member Ronald C. Flemal addressed the Illinois
Municipal League at its annual conference on October 13,
1991, on the topic: Groundwater Regulations and
Compliance.
ADJUSTED STANDARDS DETERMINATIONS LIST
Pursuant to Section 28.1(d)(3) of the Environmental Protection Act, the Board is publishing in this issue of the
Environmental Register a list of all final determinations on adjusted standards made within fiscal year 90/91 (July 1, 1990 to
June 30, 1991). The Board will also publish in this issue a list of all final determinations on combined sewer overflow
exceptions made within fiscal year 90/91. To receive a copy of any of these determinations, please write to the Clerk of the
Board and specify the docket number of the case.
Page 2/October 23, 1991
Environmental Register No. 438
ADJUSTED STANDARDS
Docket
Docket Name
Final Determination
AS 89-2
In the Matter of: Elizabeth Street Foundry,
Inc., an Illinois corporation, Petitioner for
Adjusted Standard, 35 Ill. Adm. Code 215.456
Board denied the petition on January 24,
1991.
AS 89-3
In the Matter of: The NutraSweet Company
and Consumers Illinois Water Company,
Petition for Adjusted Standard, 35 Ill. Adm.
Code 304.105 and 302.208
Board granted the petition on February 28,
1991.
AS 89-5
In the Matter of: Safety-Kleen Corporation,
Petition for Adjusted Standard, 35 Ill. Adm.
Code 720.131(c)
Board granted motion to voluntary
withdraw petition on July 3, 1990.
AS 90-1
In the Matter of: Petition of the City of
Jacksonville for Adjusted Standard, 35 Ill.
Adm. Code 306.305(b)
Board granted the petition on August 9,
1990.
AS 91-2
In the Matter of: Petition of Ford Motor
Company for Adjusted Standard from 35 Ill.
Adm. Code 215.204(a)(1)
Board granted the petition on May 14,
1991.
COMBINED SEWER OVERFLOW EXCEPTIONS
No final determinations during fiscal year 90/91 (July 1, 1990 to June 30, 1991).
FINAL ACTIONS - OCTOBER 10, 1991 BOARD MEETING
PCB 90-112
(A & B)
People of the State of Illinois v. Chicago Heights Refuse Depot, Inc. - The Board found respondent violated
the Act, Board waste disposal regulations and certain conditions in its supplemental permit, ordered
respondent to pay a penalty of $100,000 for deposit into the Environmental Trust Fund, to cease and desist
from all violations concerning its Cook County facility, to improve existing wells or install additional
monitoring wells and continue reporting of results to the Agency. Board Member B. Forcade concurred and
Board Member J.D. Dumelle dissented.
PCB 90-124
People of the State of Illinois v. Rock Valley Oil & Chemical Co., an Illinois Corp. - The Board accepted the
Settlement Agreement in which respondent admitted to violations of the Act and Board air pollution
regulations, ordered respondent to pay the sum of $1,500 for deposit into the Environmental Protection
Trust Fund and to cease and desist from further violations at its Winnebago County facility. Board Members
J.D. Dumelle and J. Theodore Meyer dissented.
PCB 91-106
Richard Worthen et al v. Village of Roxana and Laidlaw Waste Systems (Madison) Inc. - The Board affirmed
the decision of the Roxana Village Board of Trustees granting site approval to respondent for expansion of
its Cahokia Road landfill in Madison County. Board Member J.D. Dumelle dissented.
PCB 91-111
Village of Oswego v. IEPA - The Board accepted the Agency Recommendation and granted petitioner
variance, with conditions, from Board public water supplies regulations relating to Standards for Issuance
and Restricted Status concerning the standards for combined radium-226 and radium-228 in drinking water
for its Kendall County facility. Board Members J.D. Dumelle and B. Forcade dissented.
PCB 91-112
Williamson Adhesives Inc. v. IEPA - The Board denied petitioner's motion for reconsideration of its August
22, 1991 decision which denied underground storage tank reimbursement for petitioner's Williamson County
facility.
Environmental Register No. 438
October 23, 1991/Page 3
PCB 91-131
Salvation Army v. IEPA - The Board granted the Agency's motion for summary judgement finding that the
Agency correctly applied the deductible of $100,000 from the underground storage tank reimbursement fund
concerning petitioner's Lake County facility.
PCB 91-185
Castle Metal Finishing v. IEPA - The Board accepted the Agency Recommendation and granted petitioner
provisional variance from Board waste disposal regulations concerning its Cook County facility. Board
Members J.D. Dumelle and B. Forcade concurred.
PCB 91-186
I.C.I. Americas Inc. v. IEPA - The Board accepted the Agency Recommendation and granted petitioner
provisional variance from Board waste disposal regulations concerning its Champaign County facility.
Board Members J.D. Dumelle and B. Forcade concurred.
PCB 91-187
Magic Chef Co. v. IEPA - The Board accepted the Agency Recommendation and granted petitioner
provisional variance from Board waste disposal regulations concerning its Williamson County facility. Board
Members J.D. Dumelle and B. Forcade concurred.
PCB 91-189
USX Corp. U.S. Steel - South Works v. IEPA - The Board accepted the Agency Recommendation and
granted petitioner provisional variance from Board water pollution regulations relating to total residual
halogen requirements to allow for the use of treatment additives effective in control of zebra mussel
infestation at its Cook County facility. Board Members J.D. Dumelle and B. Forcade concurred.
AC 91-39
County of Will v. South Holland Trust, Trust #268 et al. - The Board found respondent violated Section
21(q)(1) of the Act and imposed a fine of $500.
NEW CASES - OCTOBER 10, 1991 BOARD
MEETING
PCB 91-136
Don Bolander v. Monticello Bus Service, Wayne Kruger, President - Complainant alleges violations of Board
noise pollution regulations at respondent's Piatt County facility. Response due October 28, 1991.
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. Responses to cross-motions due November 10, 1991.
PCB 91-153
Clyde R. Dace v. D. Kohlhase, Fire Chief, Fox River Grove Fire Protection District - Complainants allege
violations of Board noise pollution regulations at respondent's McHenry County facility. Accepted for
hearing.
PCB 91-172
John Plosila v. Bandito Barney's et al. - Complainant alleges violations of Board noise pollution regulations
at respondents' Kane County facility. Held until October 24, 1991.
PCB 91-182
George Weber Chevrolet Facility v. IEPA - Petitioner seeks review of underground storage tank reimburse-
ment costs concerning its Monroe County facility. Additional information requested.
PCB 91-183
Thomas J. Sneed et al v. Frank Farrar First Bank & Trust Co. - Complainant alleges violations of Board
noise pollution regulations at respondent's Alexander County facility. Held for duplicitous/frivolous
determination.
PCB 91-184
The C.P. Hall Company v. IEPA - Petitioner seeks permit review for its Cook County facility. Hearing
authorized.
PCB 91-185
Castle Metal Finishing v. IEPA - See Final Actions.
PCB 91-186
I.C.I. Americas, Inc. v. IEPA - See Final Actions.
PCB 91-187
Magic Chef Co. v. IEPA - See Final Actions.
PCB 91-188
Village of Lake Zurich v. IEPA - Petitioner seeks variance regarding its Lake County water supply and
distribution system. Accepted for hearing.
PCB 91-189
USX Corp., U.S. Steel - South Works v. IEPA - See Final Actions.
PCB 91-190
State Bank of Whittington v. IEPA - Petitioner seeks review of an underground storage tank reimbursement
determination for its Franklin County facility. Accepted for hearing.
PCB 91-191
Grand Soo, Inc. v. IEPA - Petitioner seeks review of an underground storage tank reimbursement deter-
mination for its Cook County facility. Accepted for hearing.
Page 4/October 23, 1991
Environmental Register No. 438
PCB 91-192
People of the State of Illinois v. Prairie Material Sales, Inc. - Complainant alleges violations of the Act and
Board air pollution regulations at respondent's Kane County facility. Hearing mandatory.
PCB 91-193
People of the State of Illinois v. Park Crematory, Inc. Complainant alleges violations of the Act and Board air
pollution regulations at respondent's Cook County facility. Hearing mandatory.
CALENDAR
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 7
9:30 a.m.
P-A
CWM Chemical Services, Inc. v. EPA and People of the State of Illinois - PCB 89-177, Loyola Law
School, Room 160, Corboy Courtroom, 1 East Pearson, Chicago.
November 8
9:30 a.m.
P-A
CWM Chemical Services, Inc. v. EPA and People of the State of Illinois - PCB 89-177, Loyola Law
School, Room 160, Corboy Courtroom, 1 East Pearson, 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 12
10:00 a.m.
P-A
FIW, Inc. v. EPA - PCB 90-141, Rockford Public Library, Room A, Lower Level, 215 N. Wyman St.,
Rockford.
November 13
10:00 a.m.
W-V
Marathon Oil Company v. EPA - PCB 91-173, Robinson Township Public Library, 606 N. Jefferson,
Robinson.
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 14
9:30 a.m.
P-A
CWM Chemical Services, Inc. v. EPA and People of the State of Illinois - PCB 89-177, Loyola Law
School, Room 160, Corboy Courtroom, 1 East Pearson, Chicago.
November 15
9:30 a.m.
P-A
CWM Chemical Services, Inc. v. EPA and People of the State of Illinois - PCB 89-177, Loyola Law
School, Room 160, Corboy Courtroom, 1 East Pearson, Chicago.
November 18
10:00 a.m.
A-C
EPA v. Randall Loveless - AC 91-31, Macoupin County Courthouse, Ground Level, East First Street,
Carlinville.
Environmental Register No. 438
October 23, 1991/Page 5
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 19
1:00 p.m.
P-A
CWM Chemical Services, Inc. v. EPA and People of the State of Illinois - PCB 89-177, Loyola Law
School, Room 160, Corboy Courtroom, 1 East Pearson, Chicago.
November 20
9:30 a.m.
P-A
CWM Chemical Services, Inc. v. EPA and People of the State of Illinois - PCB 89-177, Loyola Law
School, Room 160, Corboy Courtroom, 1 East Pearson, Chicago.
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.
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