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NVIRONMENTAL

EGISTER

Illinois Pollution Control Board News

No. 439

November 6, 1991

RULEMAKING UPDATE

BOARD GRANTS MOTIONS TO AMEND; RETURNS TO

FIRST NOTICE IN PM-10 PROPOSAL (R91-22)

On October 10, 1991, and again on October 24, 1991,

the Board granted a series of motions, filed by the Illinois

Environmental Protection Agency (Agency), to amend the

proposed rules governing PM-10 emissions in the McCook, Lake

Calumet, and Granite City areas. (R91-22.) The Agency filed a

motion to amend the proposal on September 30, 1991, adding

several sections applicable to the Granite City area, and the

Board granted that motion on October 10. However, the Board

also noted that because of the complexity of the amendments,

the Administrative Procedure Act (APA) required that the entire

proposal be published for a "second" first notice in the Illinois

to amend on October 22 and 23, 1991. The Board granted those

motions on October 24, 1991. Because the Board, at the

Agency's request, had not yet submitted the paperwork

necessary for publication of the October 10 "second" first notice,

the Board was able to integrate the language proposed in the two

October motions to amend with the language in the October 10

order. This resulted in an amended "second" first notice.

In both its October 10 and October 24 orders, the Board

expressed its frustration that the amendments meant further

delay in the resolution of this proceeding. These rules have a

November 15, 1991, federal deadline. However, as the Board

has stated repeatedly in its orders in this proceeding, it is literally

impossible under Illinois law to meet that November 15 deadline,

given that the original proposal was filed by the Agency on

August 19, 1991. The amendments, and the resulting necessity

of a "second" first notice publication, will delay the completion of

the proceeding further. However, the Board is committed to

resolving this proceeding as expeditiously as possible.

The rules will be published in the Illinois Register in the

near future. Copies of the Board's orders can be obtained from

the Clerk of the Board at 312/814-3620. Questions on the

proceeding should be directed to Elizabeth Schroer Harvey at

312/814-6921.

BOARD OPENS CLEAN AIR ACT AMENDMENT DOCKET

SERIES, R91-27 THROUGH R91-37; ASKS FOR COMMENTS

In an unusual move precipitated by looming federal State

Implementation Plan (SIP) submission deadlines, the Board at its

October 24, 1991 meeting opened a series of rulemaking dockets

on its own motion. The purpose of the eleven (11) new dockets

is to accommodate rulemaking required under the 1990 federal

Clean Air Act Amendments (CAAA). Most of these rulemaking

dockets are required to be completed at least 15 days prior to the

November 15, 1992 federal deadline for filing of a SIP

addressing ozone and SO

emissions. The remaining dockets

address those PM-10 emission requirements that are not subject

to the November 15, 1991 SIP submittal deadline; they are due

in 1994. Two previously opened Board dockets (R91-21 and

R91-22) addressed PM-10 provisions that the CAAA requires to

be submitted by November 15, 1991.

In its opening orders, the Board noted that once a CAAA

rulemaking proposal is received by the Board, current Illinois law

requires it to, inter alia, publish notices, require or consider

requiring an Economic Impact Statement (EcIS), conduct at least

two hearings and submit to legislative oversight prior to adoption

of any rule. Under these circumstances, even under available

expedited procedures for federally required rules, it may be

difficult to timely complete action on the several dockets which

must be submitted in November of 1992. To date, none of the

required proposals have been received by the Board.

In addition to alerting all participants of the need to take

the necessary steps to meet federal deadlines, the Board's

orders highlight the need for prompt filing of CAAA proposals;

according to the orders, those rulemakings required to be

completed by November 1992 should be filed no later than

November 15, 1991. The orders also direct participants to

identify to the Board, no later than November 4, 1991, any other

CAAA regulatory proceedings required for submission to USEPA

before November 1992, and request the USEPA to provide the

status of development of applicable federal guidance documents.

Finally, the orders designate Phil Van Ness, the Board's

Intergovernmental Affairs Attorney, as coordinator of discussions

on the status of CAAA activities of the Board. He is required to

keep both the IEPA and USEPA informed of the progress of

these regulatory proceedings.

The new CAAA rulemaking dockets are as follows

(assigned Board member indicated in parenthesis):

RACT - 25 ton per year Sources: R91-27 (J. Anderson)

RACT - Geographical Expansion for the Chicago CMSA:

R91-28 (J. Theodore Meyer)

RACT - Geographical Expansion for the St. Louis MSA:

R91-29 (J. C. Marlin)

Stage II Vapor Recovery for Chicago and St. Louis Area:

R91-30 (R. Flemal)

Employee Trip Reduction Program: R91-31 (B. Forcade)

Granite City SO2 Emission Limits: R91-32 (J.D. Dumelle)

Alton SO2 Emission Limits: R91-33 (M. Nardulli)

Southeast Chicago SO2 Emission Limits: R91-34 (J.

Anderson)

PM-10 Ambient Limits: R91-35 (J. Theodore Meyer)

10.

Episode Regulations for PM-10: R91-36 (R. Flemal)

11.

Contingency Measures for PM-10: R91-37 (B. Forcade)

Page

Page 2

2/November 6, 1991

/November 6, 1991

Environmental Register No. 439

PROPOSAL TO EXTEND RCRA WOOD PRESERVER DATES

(R91-26)

On October 24, 1991, the Board opened a new Docket,

R91-26, to address certain compliance dates for wood preserving

drip pads, adopted in connection with a recent RCRA Update,

R91-1.

On August 8, 1991, the Board entered a final Opinion

and Order in R91-1. Among other things, the Board adopted

new regulations governing wood preservers. These rules were

derived from USEPA regulations adopted at 55 Fed. Reg. 50450,

December 6, 1990. USEPA published a stay of the wood

preserving rules at 56 Fed Reg. 27332, June 13, 1991. The

Board addressed the stay in R91-1, even though it was outside

the normal batch period for the Docket. The Board adopted the

USEPA wood preserving rules, along with USEPA's language

staying the rules.

To qualify for the USEPA stay, wood preservers had to

notify USEPA by August 6, 1991, that they intended to upgrade

drip pads by placing an impermeable coating on the surface.

Wood preservers also have to notify USEPA by November 6,

1991, with a plan and financial commitments for the upgrading,

which must be completed by February 6, 1992. In adopting R91-

1, the Board extended to November 6, 1991, the initial

notification requirement with respect to the F034 and F035 wood

preserving wastes.

Since the R91-1 rules were filed, the Board has received

several calls from wood preservers claiming that the coating

operation requires outdoor temperatures in excess of 70

F. It is

therefore physically impossible to

comply with the conditions of the stay by preparing a plan and

carrying out the coating operation before February 6, at least in

Illinois.

The Board is therefore proposing to extend the

compliance date to July 1, 1992. The Board will also extend the

date for the plan and financial commitments to February 6, 1992,

to give wood preservers time to file the plan and financial

commitments after these rules become effective.

The proposed rules will appear in the Illinois Register

shortly. The Board will receive public comment for 45 days after

the date of publication in the Illinois Register. Persons who are

on the RCRA notice list will be on this notice list. Others should

contact Morton Dorothy at 217/333-5575.

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 in this issue of the

Environmental Register. These lists reflect the status as of

September 30, 1991.

BOARD AND STAFF ACTIVITIES

Board Member Ronald C. Flemal addressed the Illinois

Groundwater Association's fall meeting on October 23. He

spoke on the topic: The Illinois Pollution Control Board and

Groundwater.

FINAL ACTION - OCTOBER 24, 1991 BOARD MEETING

PCB 85-95

Citizens Utilities Co. of Illinois v. IEPA and

Village of Bolingbrook, Intervenor - The Board granted

petitioner variance from the Board's water pollution regulations,

with conditions, relating to the ammonia nitrogen water quality

standard for its Will County facility. Board Member B. Forcade

concurred. Board Member R. Flemal abstained.

PCB 89-106

D & B Refuse Service, Inc. v. IEPA - The

Board found Agency denial reasons nos. 2, 3, 4 and 5

inadequate to support a denial of approval of petitioner's

closure/post closure plan. The remaining denial reasons not

being challenged, the Board affirmed the Agency's denial of the

plan for petitioner's Moultrie County facility.

PCB 91-2

Olin Corp., a Virginia Corp. v. IEPA - The

Board accepted the Agency's Amended Recommendation and

granted petitioner variance, with conditions, from the Board's air

pollution regulations relating to open burning for its Williamson

County facility.

PCB 91-171

Monsanto Co. v. IEPA - This matter was

dismissed on petitioner's motion.

AC 90-64(B)

St. Clair County v. Louis I. Mund - The

Board ordered respondent to pay $272.31 as compensation for

hearing costs incurred by the Board for deposit into the General

Revenue Fund concerning its St. Clair County facility and

closed the docket.

AC 90-65(B)

St. Clair County v. Arthur Fields d/b/a Arthur

Fields Co. - The Board ordered respondent to pay $246.06 as

compensation for hearing costs incurred by the Board for

deposit into the General Revenue Fund concerning its St. Clair

County facility and closed the docket.

AC 90-66(B)

St. Clair County v. Sandra L. Petroff d/b/a

Petroff Trucking Co. - The Board ordered respondent to pay

$246.06 as compensation for hearing costs incurred by the

Board for deposit into the General Revenue Fund concerning its

St. Clair County facility and closed the docket.

AC 90-67(B)

St. Clair County v. Timothy E. Doctor d/b/a

Maclair Asphalt, Inc. - The Board ordered respondent to pay

$246.06 as compensation for hearing costs incurred by the

Board for deposit into the General Revenue Fund concerning its

St. Clair County facility and closed the docket.

AC 90-91(A & B)

IEPA v. Bernard Leitschuh - The Board

found respondent violated Section 21(q)(1) and 21(q)(3) of the

Act, ordered respondent to pay a civil penalty of $1,000 payable

to the Illinois Environmental Protection Trust Fund, closed

Docket A, opened Docket B and ordered the Agency and the

Board to file a statement of hearing costs supported by affidavit

with service upon respondent concerning respondent's

Montgomery County facility.

AC 91-17(B)

IEPA v. Ronald Feldman d/b/a Felco Co. -

The Board ordered respondent to pay $743.26 as

compensation for hearing costs incurred by the Board and

Agency for deposit into the General Revenue Fund concerning

its Cook County facility and closed the docket. Board Member

J. Theodore Meyer dissented.

Environmental Register No. 439

November 6, 1991/Page

November 6, 1991/Page 3

AC 91-40

IEPA v. Curtis A. Newlan - The Board found

respondent violated Section 21(q)(1) of the Act and imposed a

fine of $500.

AC 91-41

St. Clair County v. James Womack, d/b/a

Womack Brothers - The Board found respondent violated

Section 21(q)(1) of the Act and imposed a fine of

$500.

AC 91-42

St. Clair County v. Joe Hammel - The Board

found respondent violated Sections 21(q)(1) and 21(q)(3) of the

Act and imposed a fine of $1,000.

R88-8

In The Matter Of: Census of Solid Waste Management

Facilities Exempt from the Permit Requirement as Provided in

Section 21(d) of the Act - The Board reopened this matter to

formally take notice of the Agency's and DENR's responses

filed on October 15, 1991, and reaffirmed its August 26, 1991

Opinion and Order dismissing this proceeding and closing this

docket, now effective October 24, 1991.

NEW CASES - OCTOBER 24, 1991 BOARD MEETING

PCB 91-136

Don Bolander v. Monticello Bus Service,

Wayne Kruger, President - Complainant alleges violations of

the Board's noise pollution regulations at respondent's Piatt

County facility. Held until November 7, 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. Held until

November 7, 1991.

PCB 91-172

John Plosila v. Bandito Barney's et al. -

Complainant alleges violations of Board noise pollution

regulations at respondent's Kane County facility. The Board

denied respondent's motion to dismiss and accepted the matter

for hearing.

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 until November 7, 1991.

PCB 91-194

Residents of Cedarville v. Village of

Cedarville. -Complainants allege violations of Board water

pollution regulations at respondent's Stephenson County

facility. Held until November 7, 1991.

PCB 91-195

Scott A. Thomas et al v. Carry Companies of

Illinois, Inc. - Complainants allege violations of the

Act and Board air and noise pollution regulations at

respondent's Macon County facility. Held until November 7,

1991.

PCB 91-196

Safety-Kleen Corp. v. IEPA - Petitioner seeks

review of the Agency's partial denial of an application for partial

modification of petitioner's supplemental permit for its Cook

County facility. Accepted for hearing.

PCB 91-197

Cabot Corp. v. IEPA - Petitioner seeks review

of certain conditions imposed by the Agency in the RCRA

closure plan permit for its Douglas County facility. Accepted for

hearing.

PCB 91-198

Enterprise Rent-A-Car (Cook County Chicago)

v. IEPA - Petitioner seeks review of an underground storage

tank reimbursement determination concerning its Cook County

facility. Accepted for hearing.

PCB 91-199

Commonwealth Edison Co. (Byron Nuclear

Power Station) - Petitioner seeks NPDES permit review for its

Ogle County facility. Accepted for hearing.

PCB 91-200

Borden Chemicals and Plastics Operating

Partnership v. IEPA - Petitioner seeks NPDES permit review

for its Sangamon County facility. Accepted for hearing.

CALENDAR OF HEARINGS

All hearings held by the Board are open to the public. All Pollution Control Board Meetings (highlighted) are open to the public but public

participation is generally not allowed. Times and locations are subject to cancellation and rescheduling without notice. Confirmation of

hearing dates and times is available from the Clerk of the Board at (312) 814-6931.

November 8

9:30 a.m.

PCB 89-177

P-A

CWM Chemical Services, Inc. v. EPA and People of the State of Illinois - Loyola Law School,

Room 160, Corboy Courtroom, 1 East Pearson, Chicago.

November 8

10:00 a.m.

PCB 91-163

UST-FRD

Clinton County Oil Co., Inc., and Hoffman/Meier's Shell and Clarence Meier v. EPA - City

Council Chambers, 850 Franklin St., Carlyle.

November 12

10:00 a.m.

PCB 90-141

P-A

FIW, Inc. v. EPA - Rockford Public Library, Room A, Lower Level, 215 N. Wyman St.,

Rockford.

November 13

10:00 a.m.

PCB 91-173

W-V

Marathon Oil Company v. EPA - Robinson Township Public Library, 606 N. Jefferson,

Robinson.

November 14

AS 90-4

In the Matter of Granite City Division of National Steel for Adjusted Standards from 35 Ill.

Page

Page 4

4/November 6, 1991

/November 6, 1991

Environmental Register No. 439

10:00 a.m.

A-S

Adm. Code 302.102, 302.208, 302.210 and Subpart F, Procedures for Determining Water

Quality Criteria - City Hall, Mayor's Conference Room, Second Floor, 200 Edison Avenue,

Granite City.

November 14

9:30 a.m.

PCB 89-177

P-A

CWM Chemical Services, Inc. v. EPA and People of the State of Illinois - Loyola Law School,

Room 160, Corboy Courtroom, 1 East Pearson, Chicago.

November 15

9:30 a.m.

PCB 89-177

P-A

CWM Chemical Services, Inc. v. EPA and People of the State of Illinois - Loyola Law School,

Room 160, Corboy Courtroom, 1 East Pearson, Chicago.

November 18

10:00 a.m.

AC 91-31

A-C

EPA v. Randall Loveless - Macoupin County Courthouse, Ground Level, East First Street,

Carlinville.

November 19

10:00 a.m.

PCB 91-17

P-A

BF Goodrich Corporation (Henry Facility) v. EPA - Marshall County Courthouse, County Board

Room, 122 N. Prairie, Lacon.

November 19

1:00 p.m.

PCB 89-177

P-A

CWM Chemical Services, Inc. v. EPA and People of the State of Illinois - Loyola Law School,

Room 160, Corboy Courtroom, 1 East Pearson, Chicago.

November 20

9:30 a.m.

PCB 89-177

P-A

CWM Chemical Services, Inc. v. EPA and People of the State of Illinois - 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.

PCB 90-8

P-A

The City of Metropolis v. EPA - Metropolis City Hall, City Council Chambers, 106 W. 5th St.,

Metropolis.

November 25

10:00 a.m.

PCB 90-201

N-E

David L. Dravis and Margo Dravis v. M & D AG, Jerry McGinn, and Bert Davis - Coliseum

Building, Second Floor, 212 Third Avenue, Sterling.

November 25

10:00 a.m.

R 91-25

In the Matter of Amendments to 35 Ill. Adm. Code Subtitle H: Noise - Pertaining to Definitions,

Measurement Procedures, and Sound Emission Standards Relating to Certain Noise Sources

- State of Illinois Center, 100 W. Randolph St., Room 9-040, Chicago.

November 26

10:00 a.m.

R 91-25

In the Matter of Amendments to 35 Ill. Adm. Code Subtitle H: Noise - Pertaining to Definitions,

Measurement Procedures, and Sound Emission Standards Relating to Certain Noise Sources

- State of Illinois Center, 100 W. Randolph St., Room 9-040, Chicago.

November 27

9:30 a.m.

PCB 91-128

N-E

Oather Druen, Evelyn Druen, and Amy Pirtle v. James Leonard - Criminal Justice Center, 707

Etna Road, Ottawa.

December 2

9:30 a.m.

PCB 91-191

UST-FRD

Grand Soo, Inc., v. EPA - State of Illinois Center, 100 W. Randolph St., Suite 11-500,

Chicago.

December 5

Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,

Conference Room 9-040, Chicago.

December 5

10:00 a.m.

PCB 91-95

P-A

Staunton Landfill, Inc. v. EPA - Macoupin County Courthouse, County Boardroom

(Basement), Carlinville.

December 12

10:00 a.m.

PCB 91-138

UST-FRD

Kronon Motor Sales v. EPA - State of Illinois Center, 100 W. Randolph St., Suite 11-500,

Chicago.

December 13

10:00 a.m.

PCB 91-50

N-E

Karl Christ and Helen Christ v. Compost Enterprises, Inc. - McHenry City Hall, 333 S. Green

St., McHenry.

December 16

10:00 a.m.

PCB 91-57

P-A

Monsanto Company v. EPA - Sauget Village Hall, 2897 Falling Springs Road, Sauget.

December 17

10:00 a.m.

PCB 91-30

N-E

Susan Curtis and Marcy Diesing v. Material Service Corporation - Crystal Lake City Hall,

Council Chambers, 101 W. Municipal Complex, Crystal Lake.

December 18

10:00 a.m.

PCB 91-30

N-E

Susan Curtis and Marcy Diesing v. Material Service Corporation - Crystal Lake City Hall,

Council Chambers, 101 W. Municipal Complex, Crystal Lake.

December 19

Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,

Environmental Register No. 439

November 6, 1991/Page

November 6, 1991/Page 5

Conference Room 9-040, Chicago.

December 20

10:00 a.m.

AC 91-38

A-C

EPA v. Danny Mains - Bond County Courthouse, 200 W. College, Greenville.

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

Regulatory Proceeding

Alternative Standards

SWH-E

Special Waste Hauling Enforcement

SWH-V

Special Waste Hauling Variance

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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plus regulatory matters are available in looseleaf form on an annual subscription basis. Loose-leaf binders included.

ENVIRONMENTAL REGISTER

The Environmental Register is a newsletter published by the Board after every Board meeting. The Register provides

updates on rulemakings, lists the final actions taken at the Board meeting, contains the Board's hearing calendar and

provides other useful information on environmental issues.

Call for more detailed descriptions and order forms.

The Illinois Pollution Control Board is an independent seven member board which adopts the environmental

control standards for the State of Illinois and rules on enforcement actions and other environmental disputes.

The Board Members are:

John C. Marlin, Chairman

Urbana, Illinois

Joan G. Anderson

Jacob D. Dumelle

Ronald C. Flemal

Western Springs, Illinois

Oak Park, Illinois

Dekalb, Illinois

Bill S. Forcade

J. Theodore Meyer

Michael L.

Nardulli

Chicago, Illinois

Page

Page 6

6/November 6, 1991

/November 6, 1991

Environmental Register No. 439

REGULATIONS FOR THE DESIGN AND OPERATION OF NONHAZARDOUS WASTE LANDFILLS - Available on

Diskette

The compilation includes the Board's Opinions and Orders in the R88-7 and the predecessor R84-17D dockets

(approximately 850 pages) and the supporting background document and detailed responses to comments of the

Scientific/ Technical Section (approximately 775 pages). In addition, the compilation contains executive summaries and

an overview of the Board's functions and operations. The diskettes totalling over 1600 pages have been put together

using Wordperfect 5.0 word processing software. The diskettes, available in either 5.25" or 3.5" size, can be purchased

from the Illinois Pollution Control Board for $100 per set. Please use the form below to speed your request. Diskettes will

be sent by First Class mail.

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Illinois Pollution Control Board

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Chicago, IL 60601

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