9201-443.PDF

Printed on Recycled Paper

NVIRONMENTAL

EGISTER

Illinois Pollution Control Board News

No. 443

Happy New Year!

January 8, 1991

RULEMAKING UPDATE

BOARD PROPOSES STATE-WIDE PM-10 STANDARDS, R91-

The Board acted at its December 19, 1991, meeting to

send a proposal which sets forth state-wide standards for

ambient and episode emission of PM-10. The proposal was filed

on November 19, 1991, by the Illinois Environmental Protection

Agency. The Board did not rule on the substance of the proposal

and adopted the proposal as filed with nonsubstantive changes

for conformance with the Illinois Administrative Procedure Act.

This rulemaking was certified by the Board as being federally

required to meet the guidelines of the Clean Air Act. Comments

concerning the rule should reference docker number R91-35 and

be addressed to the Clerk, Illinois Pollution Control Board.

BOARD ADOPTS REPEAL OF 35 I.A.C. 809.SUBPART I,

HAZARDOUS (INFECTIOUS) MEDICAL WASTE, R9118

At the meeting of December 19, 1991, the Board

adopted the repeal of 35 Ill. Adm. Code 809.Subpart I, the

hazardous (infectious) medical waste rules, effective January 1,

1992. This fulfills the mandate of P.A. 87-752, which added new

Section 56.2(d) to the Environmental Protection Act (Ill. Rev.

Stat. 1989 ch. 111½, par. 1056.2(d)). Various self-implementing

segments of P.A. 87-752 will take effect Janury 1, 1992 and

replace the repealed rules until the Board adopts new rules

pursuant to other mandates of this legislation.

BOARD ADOPTS USX DELISTING, R91-12

On December 19, 1991, the Board adopted an exclusion

for fully cured, chemically stabilized electric arc

furnace dust/sludge for USX Steel Corporation. This rulemaking

is identical in substance to an exclusion adopted by USEPA on

April 29, 1991 and amends 35 Ill. Adm. Code 721.Appendix I,

Table B, Wastes Excluded From Specific Sources. The Board is

allowing post-adoption comments through January 21, 1992.

Comments concerning the rule should reference docker number

R91-12 and be addressed to the Clerk, Illinois Pollution Control

Board. Copies of the opinion may be obtained by calling the

Board at (312) 814-3620.

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.

APPEAL UPDATE

APPELLATE COURT AFFIRMS BOARD DECISION IN

LANDFILL SITING CASE

On October 3, 1991, the Appellate Court, Fifth District,

affirmed the Board's decision in File v. D & L Landfill, PCB 90-94

(August 30, 1990). (File v. D & L Landfill, No. 5-90-0630,

October 3, 1991.) The case arose from D & L Landfill's

application for site approval for a landfill to be located at the

southwest entrance to Greenville, Bond County, Illinois. The

Bond County Board of Supervisors granted site approval in April

1990. A group of citizens appealed that decision to this Board.

The citizens group alleged that the County Board's finding that D

& L had satisfied all applicable criteria of Section 39.2(a) of the

Environmental Protection Act was against the manifest weight of

the evidence. After a hearing, the Board found that the County

Board's findings were not against the manifest weight of the

evidence, and thus affirmed the County Board's decision.

On appeal, the citizens group contended that the

decisions of the County Board and the Pollution Control Board,

finding that D & L had satisfied the statutory criteria, were

against the manifest weight of the evidence. The appellate court

first clarified that the question before the court was whether this

Board's decision, that the Bond County Board's finding that D & L

had satisfied the requirements of Section 39.2 was not against

the manifest weight of the evidence, is itself against the manifest

weight of the evidence. The appellate court then reviewed the

evidence presented to the County Board, and agreed with this

Board that the findings of the Bond County Board are not against

the manifest weight of the evidence. Therefore, the court

affirmed that Board's decision.

FINAL ACTIONS - DECEMBER 19, 1991 BOARD MEETING

PCB 89-106

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

Board granted petitioner's motion for reconsideration of its

opinion and order of October 24, 1991, declined to reverse its

determination that petitioner failed to challenge all of the

Agency's denial reasons, and affirmed the Agency's decision

concerning its Moultrie County facility.

PCB 90-227

DMI, Inc. v. IEPA - The Board accepted the

Agency Recommendation and granted petitioner variance, with

conditions, from the Board's air pollution regulations for its

Woodford County facility. Board Member J.D. Dumelle

concurred.

Page

Page 2

2/January 9, 1991

/January 9, 1991

Environmental Register No. 443

PCB 91-80

Paul Rosman v. IEPA - The Board affirmed

the Agency's decision denying petitioner's tank removal costs

concerning its Cook County facility. Board Members J.

Anderson and B. Forcade concurred.

PCB 91-109

North Suburban Development Corp. v. IEPA

- The Board affirmed the Agency's determination regarding the

nonreimbursability of costs incurred prior to petitioner's

notification to Illinois Emergency Services and Disaster Agency

concerning its Cook County facility. Board Members J.

Anderson and M. Nardulli dissented.

PCB 91-152

Envirite Corp., a Pennsylvania Corp. v. IEPA

and Peoria Disposal Company - The Board granted summary

judgement in favor of Peoria Disposal and granted the Agency's

motion to dismiss concerning its Peoria County facility.

PCB 91-188

Village of Lake Zurich 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 in drinking water for its Lake

County facility. Board Members J.D. Dumelle and B. Forcade

dissented.

PCB 91-190

State Bank of Whittington v. IEPA - This

matter was dismissed on petitioner's motion.

PCB 91-247

Allied-Signal, Inc. v. IEPA - The Board

accepted the Agency Recommendation and granted petitioner

provisional variance from the Board's waste disposal

regulations relating to the 90-day on-site

limitations for hazardous wastes at its Vermilion County facility.

Board Members J.D. Dumelle and B. Forcade concurred.

PCB 91-248

Amoco Oil Co. v. IEPA - The Board accepted

the Agency Recommendation and granted petitioner provisional

variance from the Board's waste disposal regulations relating to

the 90-day on-site limitations for hazardous wastes at its

Madison County facility. Board Members J.D. Dumelle and B.

Forcade concurred.

R91-12

In The Matter Of: Petition of USX Corp. for

Hazardous Waste Delisting - This amendment adopts an

exclusion for fully cured, chemically stabilized electric arc

furnace dust/sludge from USX Steel Corporation, Southworks

Plant, Chicago, Illinois, and is identical in substance to an

exclusion adopted by USEPA on April 29, 1991.

R91-18

In The Matter Of: Repeal of 35 Ill. Adm.

Code 809.Subpart I: Hazardous (Infectious) Hospital Waste -

The Board adopted the repeal of 35 Ill. Adm. Code 809.

Subpart I in this rulemaking pursuant to the mandate of new

Section 56.2(d), effective January 1, 1992.

AC 91-48

St. Clair County v. Dennis Fults - The Board

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

Act and imposed a fine of $1,000.

AC 90-91(B)

IEPA v. Bernard Leitschuh - The Board

ordered respondent to pay as compensation for hearing costs

incurred by the Board and Agency the amount of $476.00

designated for deposit into the General Revenue Fund

concerning its Montgomery County facility and closed the

docket.

NEW CASES - DECEMBER 19, 1991 BOARD MEETING

PCB 91-243

Smith Oil Co. of Kankakee v. IEPA -

Petitioner seeks review of an underground storage tank

reimbursement determination concerning its Will County facility.

Accepted for hearing.

PCB 91-244

Dakota K Enterprises, Inc. v. IEPA -

Petitioner seeks review of an undergroung storage tank

reimbursement determination concerning its Cook County

facility. Accepted for hearing.

PCB 91-245

B & W Cartage Co., Inc., v. IEPA - Petitioner

seeks review of an underground storage tank reimbursement

determination concerning its Cook County facility. Accepted for

hearing.

PCB 91-246

City of Joliet v. IEPA - Petitioner seeks

variance from the Board's public water supplies regulations

concerning Standards for Issuance and Restricted Status

relating to combined radium-226 and radium-228 and gross

alpha particle activity for its Will County facility. Held for

Agency Recommendation.

PCB 91-247

Allied-Signal, Inc., v. IEPA - See Final Actions.

PCB 91-248

Amoco Oil co. V. IEPA - See Final Actions.

PCB 91-249

People of the State of Illinois v. Custom

Tapes, Inc., an Illinois Corp. - Complainant alleges violations of

the Act and Board air pollution regulations at respondent's Cook

County facility. The complaint was filed together with a

stipulation and proposal for settlement and a request for relief

from the requirements for a public hearing. The Board directed

the Clerk to cause publication of the required newspaper notice,

and reserved ruling on the parties' request until after the

statutory 21 days has passed.

PCB 91-250

Pekin Energy Co., v. IEPA - Petitioner seeks

permit review concerning its Tazewell/Peoria County facility.

Accepted for hearing.

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

Joan G. Anderson

Ronald C. Flemal

Urbana, Illinois

Western Springs, Illinois

DeKalb, Illinois

Bill S. Forcade

J. Theodore Meyer

Michael L. Nardulli

Chicago, Illinois

Environmental Register No. 443

January 8, 1991/Page

January 8, 1991/Page 3

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.

January 9

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

Conference Room 9-040, Chicago.

January 9

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 124 or 160, Corboy Courtroom, 1 East Pearson, Chicago.

January 9

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 10

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 124 or 160, Corboy Courtroom, 1 East Pearson, Chicago.

January 14

10:30 a.m.

PCB 91-156

P-A

Gallatin National Company v. EPA - Fellowship Hall of the Reformed Church, Corner of Main

and Church, Fairview.

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 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 124 or 160, Corboy Courtroom, 1 East Pearson, Chicago.

January 15

10:00 a.m.

PCB 91-213

UST-FRD

First Busey Trust & Investment Co., as Trustee of the Anne Laycock Trust v. EPA -

Champaign County Courthouse Annex Meeting Room 2, 204 E. Elm St., Urbana.

January 15

10:00 a.m.

PCB 91-30

N-E

Susan A. Curtis and Marcey Diesing and Crystal Lake, Intervening-Complainant v. Material

Service Corporation and Village of Lake in the Hills, Intervening-Respondent; Material Service

Corporation Cross-Complainant v. City of Crystal Lake, Cross-Respondent - Crystal Lake City

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

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 16

10:00 a.m.

PCB 89-177

P-A

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

Room 124 or 160, Corboy Courtroom, 1 East Pearson, Chicago.

January 16

10:30 a.m.

R 91-23

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 17

10:00 a.m.

PCB 91-222

P-A

Ronk Electrical Industries, Inc. v. EPA - City Council Chambers (Second Floor), Nokomis City

Hall, 111 S. Pine, Nokomis.

January 17

10:00 a.m.

AC 91-38

A-C

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

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 24

9:30 a.m.

PCB 91-214

UST-E

North Oak Chrysler Plymouth v. Amoco Oil Company - State of Illinois Center, Suite 11-500,

100 W. Randolph St., Chicago.

January 27

10:00 a.m.

R 90-25

Utility Industry Amendments to the Landfill Regulations (35 Ill. Adm. Code 810-815) -

Northeastern Planning Commission, 400 W. Madison St., Chicago.

January 28

9:30 a.m.

PCB 89-177

P-A

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

Room 124 or 160, Corboy Courtroom, 1 East Pearson, Chicago.

January 28

10:00 a.m.

PCB 91-138

UST-FRD

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

Chicago.

January 28

R 91-35

In the Matter of: Amendments to 35 Ill. Adm. Code Subtitle B: Air Pollution PM-10 Ambient

Page

Page 4

4/January 9, 1991

/January 9, 1991

Environmental Register No. 443

10:00 a.m.

Limits and Episode Regulations; 35 Ill. Adm. Code 212, 243 and 244 -State of Illinois Center,

Room 9-040, 100 W. Randolph St., Chicago.

January 29

9:30 a.m.

PCB 89-177

P-A

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

Room 124 or 160, Corboy Courtroom, 1 East Pearson, Chicago.

January 29

9:30 a.m.

PCB 91-205

UST-FRD

Fred M. Strube and Cynthia L. Strube d/b/a Strube's 66 - Peoria County Courthouse, Peoria

County Board of Supervisors, Jefferson & Main, Peoria.

January 29

10:00 a.m.

PCB 91-233

UST-FRD

L.D. Redmer Screw Products, Inc. v. EPA - Bensenville Village Hall, Board Room, 700 W.

Irving Park Rd., Bensenville.

January 30

9:00 a.m.

PCB 91-242

UST-FRD

Arthur J. Ferrari v. EPA - State of Illinois Center, Suite 11-500, 100 W. Randolph St., Chicago.

January 30

9:30 a.m.

PCB 89-177

P-A

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

Room 124 or 160, Corboy Courtroom, 1 East Pearson, Chicago.

January 30

10:00 a.m.

PCB 91-128

N-E

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

Etna Road, Ottawa.

January 30

10:00 a.m.

R 91-35

In the Matter of: Amendments to 35 Ill. Adm. Code Subtitle B: Air Pollution PM-10 Ambient

Limits and Episode Regulations; 35 Ill. Adm. Code 212, 243 and 244 -State Capitol Building,

Room 400, Springfield.

January 31

9:00 a.m.

PCB 91-195

A-E

Scott A. Thomas and Karen A. Thomas v. Carry Companies of Illinois, Inc. - Macon County

Courthouse, County Board Room, 253 E. Wood St., Decatur.

January 31

10:00 a.m.

PCB 91-224

L-S-R

5027 Corp. v. City of Moline - City Hall, Council Chamber, Third Floor, 1528 Third Avenue,

Rock Island.

January 31

10:00 a.m.

PCB 91-244

UST-FRD

Dakota K. Enterprises, Inc. v. EPA - State of Illinois Center, Suite 11-500, 100 W. Randolph

St., Chicago.

February 5

10:30 a.m.

PCB 91-234

P-A

Safety-Kleen Corporation (Pekin Facility) v. EPA - Pekin City Council Chambers, 400

Margaret St., Pekin.

February 6

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

Conference Room 9-040, Chicago.

February 14

10:00 a.m.

PCB 91-172

N-E

John Plosila v. Bandito Barney's, First American Bank (Wallace Wolff) Trust No. 89-008 and

Thom P. McNamee - Dundee Public Library, 555 Barrington Avenue, Dundee.

February 27

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

Conference Room 9-040, Chicago.

March 5

9:30 a.m.

PCB 91-202

P-A

Sherex Chemical Company, Inc. v. EPA - Peoria County Courthouse, Board of Supervisors,

Jefferson & Main Street, Peoria.

March 12

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

Conference Room 9-040, Chicago.

March 16

9:30 a.m.

PCB 91-220

P-A

Waste Management of Illinois, Inc. (Laraway Facility) v. EPA - Will County Courthouse, 14 W.

Jefferson, Joliet.

March 18

10:00 a.m.

AS 90-4

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 19

10:00 a.m.

PCB 91-53

A-E

People of the State of Illinois v. Enamelers and Japanners, Inc. - State of Illinois Center, Suite

11-500, 100 W. Randolph St., Chicago.

March 23

10:00 a.m.

PCB 90-8

P-A

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

Street, Metropolis.

March 26

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

Conference Room 9-040, Chicago.

April 1

10:30 a.m.

PCB 90-197

P-A

The Celotex Corporation v. EPA - Adams County Building, Small Jury Room, 521 Vermont

St., Quincy.

April 9

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

Conference Room 9-040, Chicago.

Environmental Register No. 443

January 8, 1991/Page

January 8, 1991/Page 5

April 16

10:00 a.m.

PCB 91-57

P-A

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

April 23

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

Conference Room 9-040, Chicago.

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

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-E

Underground Storage Tank Enforcement

UST-FRD

Underground Storage Tank Fund Reimbursement Determination

Printed by Authority of the State of Illinois, January 2, 1991, 2.000 copies, order #57701.

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.

Postage

PAID

Chicago, IL

Permit No.

2088