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NVIRONMENTAL
NVIRONMENTAL
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EGISTER
EGISTER
Illinois Pollution Control Board News
Illinois Pollution Control Board News
No. 441
No. 441
December 4, 1991
December 4, 1991
BOARD MEETING UPDATE
BOARD MEETING UPDATE
The December 5, 1991 meeting of the Pollution Control
Board has been
rescheduled
to December 6, 1991. The
rescheduled
meeting will begin at 10:30 a.m. in Room 9-040 of
the State of Illinois Center.
RULEMAKING UPDATE
RULEMAKING UPDATE
BOARD SEVERS REPORTING REQUIREMENTS FROM AIR
TOXIC RULE TO SUBDOCKET, R90-1
On November 21, 1991 the Board voted (5-1) to sever
the toxic air contaminant reporting requirements for emission
sources from the main docket (R90-1(A)) of the proposed toxic
air contaminants list. The reporting requirements were placed in
a separate subdocket C. The Board invited comments regarding
the advisability of performing an economic impact study (EcIS).
The Board has sixty days to make a determination on whether
such a study should be performed.
The Board stated that it intends to move the main body
of the rule to second notice. The reporting requirements,
however, will be reproposed for first notice publication following
the Board's EcIS determination.
Questions concerning this proceeding should be directed
to Mark P. Miller at 217/333-5573. Copies of the Opinion and
Order are available from the Board office at 312/814-3620.
Please refer to the docket number when requesting copies.
BOARD TAKES FURTHER ACTION ON CALIFORNIA MOTOR
VEHICLE STANDARDS, R89-17(C)
On November 21, 1991, the Board proposed, for second
first notice, rules which would adopt portions of the California
motor vehicle program in Illinois. (Docket R89-17(C).) The
proposed rules, if adopted, would adopt the California Low
Emission Vehicle (LEV) program beginning with model year 1996
passenger cars and light duty trucks (those rated at 6000 pounds
gross vehicle weight or less). The LEV program establishes four
new categories of vehicle emission standards, which are phased
in through model year 2003. The four types of LEV vehicles are
the transitional low emission vehicle (TLEV), the low emission
vehicle (LEV), the ultra low emission vehicle (ULEV), and the
zero emission vehicle (ZEV). Manufacturers may meet fleet
average emission standards by certifying any combination of
conventional vehicle, TLEV, LEV, ULEV, and ZEV standards.
However, beginning in model year 1998, percentage
requirements for ZEVs are mandatory.
The Board expects to hold additional hearings in this
matter. All interested participants may submit comments on the
need for additional hearings, which subjects should be
discussed, and suggested timeframes for these hearings. These
comments on further hearings should be submitted to the Board
by December 31, 1991.
The first notice publication of these
rules in the Illinois Register will occur shortly, beginning a 45-day
comment period on the proposed rules. Copies of the opinion
and order are available from the Board at 312/814-3620.
Specific questions should be addressed to Elizabeth Schroer
Harvey, Hearing Officer, at 312/814-6921.
MARATHON OIL COMPANY SITE-SPECIFIC RULEMAKING
EcIS DETERMINATION, R91-23
Marathon Oil Company, located near Robinson, Illinois,
in Crawford County, filed a petition for site-specific rule change
seeking to increase the chloride concentration allowed by 35 Ill.
Adm. Code 303. 323(b)(1)(2). On November 21, 1991, the Board
issued an order finding that a formal Economic Impact Study
(EcIS) is not necessary in this proceeding. For further
information, contact Karen Rosenwinkel at (312) 814-3665.
BOARD DISMISSES CENSUS DOCKET, R88-8
On August 26, 1991, the Board issued an Opinion and
Order dismissing this proceeding and closing the docket
effective October 15, 1991. The Board also requested the
Agency, DENR, and USEPA to file any data or analyses in their
possession that would respond to the Board's proposed census
form. On October 24, 1991, the Board issued an order reopening
this Docket to formally take notice of the Agency's and DENR's
responses which were filed on October 15, 1991. The Board
also affirmed its August 26, 1991 Opinion and Order and
dismissed the proceeding and closed the docket, effective
October 24, 1991.
APPEAL UPDATE
APPEAL UPDATE
THIRD DISTRICT APPELLATE COURT AFFIRMS BOARD
DECISION
On October 31, 1991, the Third District Appellate Court
handed down a decision in The Village of Beecher v. Illinois
Pollution Control Board, (3-91-1053). The Court affirmed the
Board's decision in the case titled Fredette v. Village of Beecher,
PCB 89-61. The Board had found the Village was in violation of
the Environmental Protection Act on a complaint filed by a citizen
and the Board assessed a penalty of $10,400 to the Village. The
Village, on appeal, argued that the citizen complaint was
"duplicitous" of a subsequently filed complaint by the Attorney
General and that the penalty imposed by the Board was
unreasonable. The Court held that the two actions involved a
substantial number of different violations and found "nothing
unreasonable" in the amount of the penalty assessed.
Page
Page 2
2/December 4, 1991
/December 4, 1991
Environmental Register No. 441
Environmental Register No. 441
BOARD AND STAFF ACTIVITIES
BOARD AND STAFF ACTIVITIES
Board Member Jacob D. Dumelle was interviewed on
radio station WPNA in Oak Park on November 26th,
He is scheduled to speak to the Lake County Health Department
Staff in Waukegan on December 20th on "The Clean Air Act and
other Environmental Issues".
FINAL ACTIONS - NOVEMBER 21, 1991 BOARD MEETING
FINAL ACTIONS - NOVEMBER 21, 1991 BOARD MEETING
PCB 90-141
FIW, Inc. v. IEPA - This matter was
dismissed on petitioner's motion.
PCB 90-168
Williamson Adhesives, Inc. v. IEPA - The
Board granted summary judgement in favor of the Agency,
affirmed the Agency's decision of August 2, 1990 that
disallowed reimbursement from the Underground Storage Tank
Fund and closed the docket concerning respondent's Cook
County facility.
PCB 91-29
Commonwealth Edison Co. v. IEPA et al. -
The Board granted petitioner variance, with conditions, from the
Board's water pollution regulations, concerning temperature
standards for discharges at its Will County facility.
PCB 91-135
Village of Bloomingdale 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 standards for combined
radium-226 and radium-228 and gross alpha particle activity for
its DuPage County facility. Board Member J.D. Dumelle
concurred, and Board Member B. Forcade dissented.
PCB 91-142
People of the State Illinois v. Broadwell
Grain Elevator, Inc., an Illinois Corp. - The Board accepted the
Stipulation and Settlement Agreement executed by the parties
in which respondent admitted to violations of the Act and Board
air pollution regulations, agreed to pay a sum of $1,500 for
deposit into the Environmental Protection Trust Fund and to
cease and desist from further violations at its Logan County
facility. Board Members J.D. Dumelle and J. Theodore Meyer
dissented.
PCB 91-151
People of the State of Illinois v. United
States Dept. of the Navy - The Board accepted the Stipulation
and Settlement Agreement executed by the parties in which
respondent agreed to pay a sum of $1,000 for deposit into the
Environmental Protection Trust Fund, and to cease and desist
from further violations of the Act and Board air pollution
regulations at respondent's Cook County facility. Board
Member J. Theodore Meyer dissented.
PCB 91-226
Plastofilm Industries, 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 DuPage County facility. Board Member J.D.
Dumelle concurred.
PCB 91-227
Lawrence Brothers, 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 for its Whiteside County facility. Board Member J. D.
Dumelle concurred.
PCB 91-229
Village of Stillman Valley v. IEPA - The Board
accepted the Agency Recommendation and granted petitioner
provisional variance, with conditions, from the Board's water
pollution regulations for its Ogle County facility. Board Member
J. D. Dumelle concurred.
PCB 91-230
General Motors Corp. v. IEPA - The Board
accepted the Agency Recommendation and granted petitioner
provisional variance, with conditions, from the Board's water
pollution regulations for its Vermilion County facility. Board
Member J. D. Dumelle concurred.
PCB 91-231
City of Robinson v. IEPA - The Board
accepted the Agency Recommendation and granted petitioner
provisional variance from the Board's water pollution
regulations for its Crawford County facility. Board Member J.
D. Dumelle concurred.
AC 91-43
IEPA v. Fred Massat - The Board found
respondent violated Section 21(q)(1) of the Act and imposed a
fine of $500.
AC 91-44
IEPA v. Vance Eaton - The Board found
respondent violated Section 21(q)(1) of the Act and imposed a
fine of $500.
AC 91-46
St. Clair County v. Ivan Ping - The Board
found respondent violated Section 21(q)(1) of the Act and
imposed a fine of $500.
NEW CASES - NOVEMBER 21, 1991 BOARD MEETING
NEW CASES - NOVEMBER 21, 1991 BOARD MEETING
PCB 91-183
Thomas and Barbara Sneed v. Frank Farrar
and the First Bank and Trust Co. - Complainant alleges
violations of Board noise pollution regulations at respondent's
Alexander County facility. Accepted for hearing.
PCB 91-212
O'Brien Tire and Battery Service v. IEPA -
Petitioner seeks review of an underground storage tank
reimbursement determination concerning its Madison County
facility. Additional information requested.
PCB 91-213
First Busey Trust & Investment Co., as
Trustee of the Anne Laycock Trust v. IEPA - Petitioner seeks
review of an underground storage tank reimbursement
determination concerning its Champaign County facility.
Accepted for hearing.
PCB 91-214
North Oak Chrysler Plymouth v. Amoco Oil
Co. - Petitioner alleges violations of the Act and Board waste
disposal regulations at respondent's Cook County facility. Held
for duplicitous/frivolous determination.
PCB 91-215
Land and Lakes Co. (#1978030003) v. IEPA
Environmental Register No. 441
Environmental Register No. 441
December 4, 1991/Page
December 4, 1991/Page 3
3
- Petitioner seeks variance for its Will County facility. Additional
information requested.
PCB 91-216
Land and Lakes Co. (#0316000005) v. IEPA
- Petitioner seeks variance for its Cook County facility.
Additional information requested.
PCB 91-217
Land and Lakes Co. (0987120004) v. IEPA -
Petitioner seeks variance for its Cook/Lake County facility.
Additional information requested.
PCB 91-218
Land and Lakes Co. (#0310690003) v. IEPA
- Petitioner seeks variance for its Cook County facility.
Additional information requested.
PCB 91-219
General Motors Corp. Central Foundry
Division v. IEPA - Petitioner seeks permit review for its
Vermilion County facility. Accepted for hearing.
PCB 91-220
Waste Management of Illinois, Inc. (Laraway
Facility) v. IEPA - Petitioner seeks review of certain conditions
imposed by the Agency in the RCRA closure plan for its Will
County facility. Accepted for hearing.
PCB 91-221
Manito/Waddell Airport, RR 1 v. IEPA -
Petitioner seeks review of an underground storage tank
reimbursement determination concerning its Mason County
facility. Accepted for hearing.
PCB 91-222
Ronk Electrical Industries, Inc. v. IEPA -
Petitioner seeks review of certain conditions imposed by the
Agency in the RCRA closure plan permit for its Montgomery
County facility. Accepted for hearing.
PCB 91-223
Waste Hauling, Inc. v. Macon County Board -
Petitioner seeks review of the Macon County Board decision
denying site location suitability approval for a Macon County
facility. Accepted for hearing.
PCB 91-224
5027 Corp. v. City of Moline - Petitioner seeks
review of the City of Moline decision denying site location
suitability approval for a Rock Island County facility. Accepted
for hearing.
PCB 91-225
People of the State of Illinois v. Dart Container
Corp. of Illinois, a Michigan corp. - Petitioner alleges violations
of the Act and Board air pollution regulations at respondent's
Kane County facility. A stipulation and proposal for settlement
and an agreed motion to request relief from the hearing
requirement were filed. The Board directed the Clerk of the
Board to cause publication of the required newspaper notice
and reserved ruling on the parties' request until after the
statutory 21 days passed.
PCB 91-226
Plastofilm Industries, Inc. v. IEPA - See Final
Actions.
PCB 91-227
Lawrence Brothers, Inc. v. IEPA - See Final
Actions.
PCB 91-228
Allsteel, Inc. v. IEPA - Petitioner seeks
variance from the Board's waste disposal regulations at its
Kane County facility. Additional information requested.
PCB 91-229
Village of Stillman Valley v. IEPA - See Final
Actions.
PCB 91-230
General Motors Corp. v. IEPA - See Final
Actions.
PCB 91-231
City of Robinson v. IEPA - See Final Actions.
CALENDAR OF HEARINGS
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.
December 9
9:30 a.m.
PCB 90-170 W-
E
Goose Lake Association v. Robert J. Drake, Sr., First National Bank of Joiliet as Trustee,
Trust No. 370 - Grundy County Courthouse Boardroom, 111 E. Washington St., Morris.
December 10
10:00 a.m.
PCB 91-198
UST-FRD
Enterprise Leasing v. EPA - State of Illinois Center, Suite 11-500, 100 W. Randolph St.,
Chicago.
December 11
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 E. Pearson, Chicago.
December 12
10:00 a.m.
PCB 86-160
L-E
EPA and the People of the State of Illinois v. Fitz-Mar, Inc. - Law Office of Joshua Sachs, 134
N. LaSalle St., Suite 2222, Chicago.
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 12
9:30 a.m.
PCB 90-170 W-
E
Goose Lake Association v. Robert J. Drake, Sr., First National Bank of Joiliet as Trustee,
Trust No. 370 - Grundy County Courthouse Boardroom, 111 E. Washington St., Morris.
December 12
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 E. Pearson, Chicago.
December 16
PCB 91-57
Monsanto Company v. EPA - Sauget Village Hall, 2897 Falling Springs Road, Sauget.
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4/December 4, 1991
/December 4, 1991
Environmental Register No. 441
Environmental Register No. 441
10:00 a.m.
P-A
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.,
Conference Room 9-040, Chicago.
December 19
9:30 a.m.
PCB 91-149
A-V
Minnesota Mining and Manufacturing Company (Bedford Park Plant) v. EPA - Loyola Law
School, Corboy Courtroom, 1 East Pearson, Chicago.
December 20
10:00 a.m.
AC 91-38
A-C
EPA v. Danny Mains - Bond County Courthouse, 200 W. College, Greenville.
December 20
10:00 a.m.
AC 91-38
A-C
Clyde R. Dace v. D. Kohlhase, Fire Chief, Fox River Grove Fire Protection District - McHenry
County Courthouse, Courtroom 311, 2200 N. Seminary, Woodstock.
December 27
9:00 a.m.
PCB 90-31
W-V
R. Lavin & Sons, Inc. v. EPA - Little Fort Media Conference Room, 113-115 N. Genesee,
Waukegan.
January 3
9:30 a.m.
PCB 91-193
A-E
People of the State of Illinois v. Park Cremetory, Inc. - State of Illinois Center, Suite 11-500,
100 W. Randolph St., Chicago.
January 7
9:30 a.m.
PCB 91-204
UST-FRD
Lewis Brothers Bakeries, Inc. v. EPA - Collinsville City Hall, 125 S. Center St., Collinsville.
January 8
10:00 a.m.
PCB 90-182
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 -
McDonough County Courthouse, Law Library, Third Floor, Macomb.
January 9
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
January 15
1:00 p.m.
PCB 91-174
UST-FRD
Enterprise Leasing Company (Chicago Heights) v. EPA - State of Illinois Center, Suite 11-500,
100 W. Randolph St., Chicago.
January 15
9:00 a.m.
PCB 91-175
P-A
Ball Corporation, Ball Metal Decorating & Service Division v. EPA - State of Illinois Center,
Suite 11-500, 100 W. Randolph St., Chicago.
January 16
10:00 a.m.
PCB 91-190
UST-FRD
State Bank of Whittington v. EPA - State Bank of Whittington, Conference Room, Whittington.
January 16
10:30 a.m.
R 91-23
R
In the Matter of: Marathon Oil Company Petition for Site-Specific Rule Change, 35 Ill. Adm.
Code 303.323 - Robinson Community Center, 300 S. Lincoln, Robinson.
January 17
10:30 a.m.
PCB 91-136
N-E
Don Bolander v. Monticello Bus Service, Wayne Kruger, President - County Board Room,
Room 104, 101 W. Washington St., Monticello.
January 22
10:00 a.m.
PCB 91-203
UST-FRD
Export Packaging Co., Inc. (Moline Facility) v. EPA - County Office Building, County
Boardroom, Third Floor, 1504 Third Avenue, Rock Island.
January 23
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
January 29
9:30 a.m.
PCB 91-205
UST-FRD
Fred M. Strube and Cynthis L. Strube d/b/a Strube's 66 - Peoria County Courthouse, Peoria
County Board of Supervisors, Jefferson & Main, Peoria.
January 30
9:30 a.m.
PCB 91-202
P-A
Sherex Chemical Company, Inc. v. EPA - Peoria County Courthouse, Board of Supervisors,
Jefferson & Main St., Peoria
March 18
10:00 a.m.
AS 90-4
AS
In the Matter of: Granite City Division of National Steel for Adjusted Standards from 35 Ill.
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 Ave.,
Granite City.
March 23
PCB 90-8
The City of Metropolis v. EPA - Metropolis City Hall, City Council Chambers, 106 West 5th
Environmental Register No. 441
Environmental Register No. 441
December 4, 1991/Page
December 4, 1991/Page 5
5
10:00 a.m.
P-A
Street, Metropolis.
April 30
9:30 a.m.
PCB 90-42
P-A
Stepan Company v. EPA - Will County Courthouse, 14 W. Jefferson St., Room 439, Joliet.
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-E
Underground Storage Tank Enforcement
UST-FRD
Underground Storage Tank Fund Reimbursement Determination
Printed by Authority of the State of Illinois, December 4, 1991, 2.000 copies, order #57701.
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
Chicago, Illinois
Chicago, Illinois
Page
Page 6
6/December 4, 1991
/December 4, 1991
Environmental Register No. 441
Environmental Register No. 441
Environmental Mailing List
Name and Address Corrections
The Pollution Control Board has reduced its mailing costs for the Environmental Register by instituting a new
address label system. The Board began this change by updating its mailing list several months ago. In an effort to
keep the cost of the Environmental Register to a minimum, the Board is requesting that readers please check the
name and address of the mailing label for accuracy, especially the zip code. If a correction needs to be made,
please send the mailing label (or a copy)
and
the corrections to:
Vicky Agyeman
100 W. Randolph Street
Suite 11-500
Chicago, IL. 60601
ENVIRONMENTAL INFORMATION SERVICES
AVAILABLE FROM THE BOARD
SUBSCRIPTION SERVICE FOR BOARD OPINIONS AND REGULATIONS
Copies of Opinions issued by the Board in enforcement, variance, permit and landfill site location suitability appeals,
plus regulatory matters are available in looseleaf form on an annual subscription basis. Loose-leaf binders included.
REGULATIONS FOR THE DESIGN AND OPERATION OF NONHAZARDOUS WASTE LANDFILLS
Over 1600 pages of Opinions and Orders from R88-7 and R84-17D, supporting background documents, detailed
responses, executive summaries and an overview of the Board have been compiled on diskette (WordPerfect 5.0).
ENVIRONMENTAL REGISTER NEWSLETTER FOR THE LATEST DEVELOPMENTS
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.
For more information on these services, please contact the Board at (312) 814-3620.
Illinois Pollution Control Board
State of Illinois Center, 11-500
100 West Randolph Street
Chicago, Illinois 60601
(312) 814-3620
Address Correction Requested.
Bulk Rate
U.S.
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