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NVIRONMENTAL
NVIRONMENTAL
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EGISTER
EGISTER
Illinois Pollution Control Board News
No. 445
No. 445
February 5, 1992
February 5, 1992
RULEMAKING UPDATE
RULEMAKING UPDATE
BOARD PROPOSES UST UPDATE, R91-14
On January 9 and 23, 1992, in R91-14, the Board
proposed amendments to the UST underground storage
tank rules. The UST program regulates petroleum and
hazardous substances in underground storage tanks. It is
mandated by Section 7.2 and 22.4(d) of the Act. It is
contained in 35 Ill. Adm. Code 731, which reflects
USEPA regulations in 40 CFR 280. The Board adopted a
Proposed Opinion and Order on January 9, 1992, and
modified that proposed Opinion and Order on January 23,
1992.
This Update covers USEPA regulations appearing
in the Federal Register between January 1 and June 30,
1991. However, there were no USEPA actions which
required amendment of Board rules during that period.
Instead, this Docket focuses on changes to the Board's
statutory authority due to P.A. 87-323.
The Proposed Opinion and Order of January 9,
1992, focuses on the reduction in the scope of the
Board's UST rules, which are now to govern only
corrective action. The Order of January 23, 1992,
focuses on certain heating oil tanks, which are now to be
included in the Board's remaining UST rules. The two
Orders will be combined for publication in the Illinois
Register in the near future.
Persons desiring copies of the Opinions and
Orders, or wishing to be added to the notice list should
contact Morton Dorothy at 217/ 333-5575.
BOARD PROPOSES RCRA UPDATE, R91-13
On December 19, 1991, the Board proposed to
Update the RCRA hazardous waste rules in R91-13. The
RCRA hazardous waste program regulates the
generation, transportation, treatment, storage and
disposal of hazardous waste. Sections 7.2 and 22.4(a) of
the Act requires the Board to adopt regulations which are
"identical in substance" to USEPA regulations. The
Board's RCRA regulations are in 35 Ill. Adm. Code 702
through 705, and 720 through 728. These are derived
from USEPA regulations at 40 CFR 260 through 270.
R91-13 updates the Board's RCRA rules to
include USEPA actions during the period January 1
through June 30, 1991. These actions include: the
USEPA corrections to the "third third" land disposal bans
adopted in R90-11 and the boiler and industrial furnace
("BIF") rules.
The Proposal appeared in the Illinois Register on
January 17, 1992. The Board will receive public
comment through March 2, 1992.
Persons desiring copies of the Opinions and
Orders, or wishing to be added to the notice list should
contact Morton Dorothy at 217/ 333-5575.
BOARD EXTENDS RCRA WOOD PRESERVING
COMPLIANCE DATES, R91-26
On January 9, 1992, the Board adopted a final
Opinion and Order in R91-26, extending certain
compliance dates for wood preservers under the RCRA
rules.
On August 8, 1991, in R91-1, the Board adopted
USEPA RCRA rules applicable to wood preservers.
Encompassed within R91-1 was a USEPA "administrative
stay" of certain requirements. To qualify for the stay,
wood preservers had to make certain filings, and
complete surface coating of drip pads by February 6,
1992. However, since the coating required temperatures
in excess of 70 degrees Fahrenheit, the compliance
schedule was impossible to meet in Illinois. The Board
therefore opened this Docket to extend the schedule out
to July 1, 1992.
Questions should be directed to Morton Dorothy at
217/ 333-5575.
FOR YOUR INFORMATION
FOR YOUR INFORMATION
BOARD ADOPTS NEW UST APPEAL PROCEDURE
On January 23, 1992, in Ideal Heating Co. v.
Illinois Environmental Protection Agency, PCB 91-253,
the Board adopted a new procedure for appeals from the
Illinois Environmental Protection Agency's (IEPA)
decisions regarding access to the Underground Storage
Tank (UST) Fund. (Ill. Rev. Stat. 1989, ch. 111 1/2,
par. 1022.18b.) Under the Board's holding, UST
determinations are appealable to the Board only after the
IEPA has made a complete determination of eligibility,
the deductible amount and reimbursement of costs.
However, the Agency need not reach the remaining
issues where it denies eligibility and an applicant may
still appeal the denial of eligibility to the Board. The
Board's holding does not apply to those appeals which
have already proceeded to hearing. Beer Motors Co. v.
Illinois Environmental Protection Agency, PCB 91-120
(January 23, 1992).
Page 2/February 5, 1992
Environmental Register No. 445
FINAL ACTIONS - JANUARY 23, 1992 BOARD MEETING
FINAL ACTIONS - JANUARY 23, 1992 BOARD MEETING
PCB 85-212
Joint Petition of the Village of Morton
and the IEPA for Exception to Combined Sewer
Overflow Regulations - The Board granted a motion to
modify a Board Order for Morton's Tazewell County
facility.
PCB 86-4
City of Morris v. IEPA - The Board
granted a motion to modify an April 17, 1988 Board
Order for Morris' Grundy County facility.
PCB 90-136
Walter J. Maquet and Marlene J.
Maquet, d/b/a Maquet's 66 v. IEPA - The Board
granted a motion for reconsideration filed by IEPA and
affirmed its December 6, 1991 decision for Maquet's
Tazewell County facility.
PCB 91-120
Beer Motors, Inc. v. IEPA - The Board
reversed and remanded an Agency decision imposing a
$50,000 deductible for Beer's Cook County facility.
PCB 91-121
Village of Channahon v. IEPA - The
Board granted a variance with conditions from its water
regulations, for Channahon's Will County facility.
PCB 91-215
Land and Lakes Co. v. IEPA - The
Board granted the Agency's motion to dismiss Land and
Lakes petition for variance from the landfill regulations
for its Will County facility.
PCB 91-216
Land and Lakes Co. v. IEPA - The
Board granted the Agency's motion to dismiss Land and
Lakes petition for variance from the landfill regulations
for its Cook County facility.
PCB 91-217
Land and Lakes Co. v. IEPA - The
Board granted the Agency's motion to dismiss Land and
Lakes petition for variance from the landfill regulations
for its Cook County facility.
PCB 91-218
Land and Lakes Co. v. IEPA - The
Board granted the Agency's motion to dismiss Land and
Lakes petition for variance from the landfill regulations
for its Cook County facility.
PCB 91-242
Arthur J. Ferrari v. IEPA - The Board
granted the Agency's motion to dismiss this appeal as
untimely filed.
PCB 91-253
Ideal Heating Company v. IEPA - The
Board held that the Agency UST decisions on eligibility
and deductibility without a determination on the
reimbursibility of costs from the Underground Storage
Tank Fund, for Ideal's DuPage County facility is not an
appealable order.
AC 89-215
IEPA v. Omer Thomas - The Board
found Omer Thomas violated Section 21(q)(1) of the act
at his Shelby County facility. Penalty of $500 is
payable to the Environmental Protection Trust Fund.
AC 91-50
Logan County Health Dept. v.
Lincoln/Logan Landfill, Inc. - The Board found
Lincoln/Logan Landfill violated Sections 21(p)(5),
21(p)(11), 21(p)(12) and 21(p)(9) of the Act in its Logan
County Facility. Penalty of $2,000 is payable to the
Logan County Health Department.
AC 91-51
St. Clair County v. Ronald Lane,
Registered Agent, Illinois Central Railroad - The Board
found Ronald Lane violated Section 21(q)(1) of the Act
in his St. Clair County facility. Penalty of $500 is
payable to the Landfill Citation Fund.
AC 91-52
St. Clair County v. Robert Cradock,
Mid-America Marble and Granite Natural Stone Corp. -
The Board found Robert Cradock violated Section
21(q)(1) of the Act in his St. Clair County facility.
Penalty of $500 is payable to the Landfill Citation
Fund.
AC 91-53
IEPA v. Clara L. Franklin - The Board
found Clara Franklin violated Section 21(q)(1), 21(q)(3)
and 21(q)(4) of the Act in her Jersey County facility.
Penalty of $1,500 is payable to the Environmental
Protection Trust Fund.
AC 91-54
Logan County Health Dept. v.
Lincoln/Logan Landfill - The Board found
Lincoln/Logan Landfill violated Sections 21(p)(5),
21(p)(9), 21(p)(11) and 21(p)(12) of the Act. Penalty of
$2,000 is payable to the Logan County Health
Department.
R91-5
In the Matter of: Pretreatment Update
(6/29/90-12/31/90) - This matter was adopted as a final
rule pursuant to Section 13.3 of the Environmental
Protection Act.
R91-19
In the Matter of: Potentially Infectious
Medical Wastes: Etiologic Agents - This matter was
adopted as a final rule pursuant to P.A. 87-752.
NEW CASES - JANUARY 23, 1992 BOARD MEETING
NEW CASES - JANUARY 23, 1992 BOARD MEETING
PCB 92-2
Acme Steel Co. v. IEPA - Petitioner
filed a petition for review of an NPDES permit for its
Cook County facility. Accepted for hearing.
PCB 92-11
Mac Lean-Fogg Co. v. IEPA -
Petitioner filed a petition for review of an Underground
Storage Tank Reimbursement Determination for its
Lake County facility. Accepted for hearing.
PCB 91-13
Natural Gas Pipeline Co. of America v.
IEPA - The Board accepted the Agency
Recommendation and granted petitioner provisional
variance, with conditions, from the Board's hazardous
waste regulations for its Macon County facility.
PCB 91-14
Natural Gas Pipeline Co. of America v.
IEPA - The Board accepted the Agency
Recommendation and granted petitioner provisional
variance, with conditions, from the Board's hazardous
waste regulations for its Marion County facility.
Environmental Register No. 445
February 5, 1992/Page 3
Page 4/February 5, 1992
Environmental Register No. 445
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.
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 19
9:30 a.m.
PCB 91-243
UST-FRD
Smith Oil Company of Kankakee v. EPA - Will county Courthouse (see Rm. 439),
14 W. Jefferson St., Joliet.
February 27
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph
St., Conference Room 9-040, Chicago.
March 2
10:00 a.m.
PCB 91-260
UST-FRD
Capital Asset Corporation and Industrial Investors Limited Partnership v. EPA -
Rockford State of Illinois Center, Third Floor Conference Room, 200 So. Wyman,
Rockford.
March 3
10:00 a.m.
AS 91-13
PWS
In the Matter of: Petition of the City of Rock Island for an Adjusted Standard from
35 Ill. Adm. Code 304 - County Office Building, County Board Room, Third
Floor, 1504 Third Ave., Rock Island.
March 3
10:00 a.m.
PCB 91-259
UST-FRD
City of Rockford v. IEPA and Office of the State Fire Marshall - Rockford State of
Illinois Building 200 Wyman, Third Conference Room, Rockford.
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 5
10:00 a.m.
PCB 90-143
P-A
Ohio Grain Company v. EPA - County Board Room, Bureau County Courthouse,
Princeton.
March 6
10:00 a.m.
PCB 91-256
L-S-R
Gallatin National Company v. The Fulton County Board and the County of Fulton
- Fulton County Farm Bureau, Route 97 and 100, Lewistown.
March 6
11:00 a.m.
PCB 91-263
UST-FRD
Cook County Highway Department and Beling Consultants v. EPA - State of
Illinois Center, Suite 11-500, 100 W. Randolph St., Chicago.
March 9
9:30 a.m.
PCB 91-235
A-V
Marsco Mfg. Co. v. EPA - State of Illinois Center, Suite 11-500, 100 W.
Randolph St., Chicago.
March 10
10:00 a.m.
PCB 92-9
UST-FRD
Platolene 500, Inc. v. EPA - Greenup Municipal Building, 115 Cumberland,
Greenup.
March 10
1:00 p.m.
AS 91-9
PWS
In the Matter of Petition of the City of East Moline and the IEPA for Adjusted
Standard from 35 Ill. Adm. Code 304 - East Moline City Hall, Second Floor,
Council Chambers, 915 16th Avenue, East Moline.
March 12
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph
St., Conference Room 9-040, Chicago.
March 12
9:00 a.m.
PCB 90-195
P-A
Caterpillar, Inc. v. EPA - Peoria County Courthouse, County Boardroom, 324
Main St., Peoria.
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
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 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.
Environmental Register No. 445
February 5, 1992/Page 5
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.
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
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, February 5, 1992, 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
Joan G. Anderson
Ronald C. Flemal
Urbana, Illinois
Western Springs, Illinois
DeKalb, Illinois
Bill S. Forcade
J. Theodore Meyer
Michael L. Nardulli
Chicago, Illinois
Chicago, Illinois
Chicago, Illinois
The Environmental Register is a newsletter published by the Board after every Board meeting. The Register
provides updates on rulemakings and other information, lists final actions, and contains the Board's hearing calendar.
The Register is provided free of charge.
Illinois Pollution Control Board
State of Illinois Center, 11-500
100 West Randolph Street
Chicago, Illinois 60601
(312) 814-3620
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