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NVIRONMENTAL
NVIRONMENTAL
R
EGISTER
EGISTER
Illinois Pollution Control Board News
No. 450
No. 450
April 22, 1992
April 22, 1992
RULEMAKING UPDATE
RULEMAKING UPDATE
SECOND NOTICE IN PM10 AMBIENT
LIMITATIONS AND EPISODE RULES, R91-35
On April 9, 1992, the Board adopted the final
notice in the PM-10 statewide episode regulations. The
proposal prescribes state-wide limits for emission of
particulate matter with an aerodynamic diameter less than
or equal to a nominal 10 micrometers (known as PM-10).
These rules are a portion of the State Implementation
Plan for PM-10 and the Board has certified these rules as
federally required. The annual PM-10 standard is set at a
level of 50 micrograms per cubic meter, in the form of an
annual arithmetic mean. In addition, the proposal adopts
600 micrograms of PM-10 per cubic meter as a 24-hour
average as the significant harm level. Questions
concerning this rulemaking should be addressed to the
hearing officer, Marie E. Tipsord, 100 W. Randolph,
Suite 11-500, Chicago, Il 60601 (312) 814-4925.
BOARD ADOPTS PM-10 EMISSION LIMITS
FOR McCOOK, LAKE CALUMET, AND GRANITE
CITY AREAS, R91-22
On April 9, 1992, in rulemaking docket R91-22,
the Board adopted (7-0) amendments to its rules
governing the emission of particulate matter. The new
rules regulate particulate matter with an aerodynamic
diameter less than or equal to a nominal 10 micrometers,
known as PM-10. In addition to emission limits, the new
rules contain recordkeeping and reporting requirements.
The rules apply to sources in the McCook and Lake
Calumet areas of Cook County, and to the Granite City
area of Madison County.
Based upon its consideration of the testimony,
exhibits, and comments received during the proceeding,
the
Board found that the rules are economically reasonable
and technically feasible. The Board also found that the
new rules will demonstrate attainment with the PM-10
national ambient air quality standards (NAAQS), and that
the rules are federally approvable. The new rules are one
part of Illinois' submittal of a complete state
implementation plan (SIP) for the control of PM-10
emissions, as required by the federal Clean Air Act.
The rules will be published in the Illinois Register.
Copies of the rules (reference docket R91-22) are
available from the Clerk of the Board at 312/814-3620.
Questions on the rules should be directed to Elizabeth
Schroer Harvey at 312/814-6921.
UIC UPDATE, PRETREATMENT UPDATE, AND
VOM EXEMPTION UPDATE DOCKETS
DISMISSED, R92-4, R92-5, & R92-6
These dockets were reserved by the Board for
updating the UIC and pretreatment rules, and those rules
governing exemptions from the definition of VOM, to
include USEPA regulations adopted between July 1, 1991
and December 31, 1991. However, USEPA did not
amend those rules during that period and the Board
therefore dismissed the dockets.
BOARD AND STAFF ACTIVITIES
BOARD AND STAFF ACTIVITIES
On April 24, 1992, the Consulting Engineers
Council of Illinois recognized former Board Member
Jacob D. Dumelle with its Distinguished Service Award.
The Council is honoring Mr. Dumelle for his
outstanding contributions and long-term service at the
Pollution Control Board. Mr. Dumelle is only the
eleventh person to receive the award since 1972.
FINAL ACTIONS - APRIL 9, 1992 BOARD MEETING
FINAL ACTIONS - APRIL 9, 1992 BOARD MEETING
PCB 91-48
Wonder View Improvement
Association v. Northern Illinois Utilities, Inc. - The
Board found that Northern Illinois Utilities, Inc.
violated the Board's public water supplies regulations
and was ordered to cease and desist from all violations
of the Board's regulations concerning its McHenry
County facility.
PCB 91-108
Israel-Gerrold's, First Illinois Bank &
Trust a/k/a LaGrange State Bank, as Trustee under
Trust No. 1130, and Learsi and Co., Inc. v. IEPA - The
Board granted petitioner's motion to dismiss without
prejudice.
PCB 91-140
Waste Management of Illinois, Inc. v
IEPA - The Board granted petitioners motion to
dismiss.
Page 2/April 22, 1992
Environmental Register No. 450
PCB 91-174
Enterprise Leasing Co. v. IEPA - The
Board reversed the Agency's determination that the
costs associated with tank removal are not reimbursable
and affirmed the Agency's determination that equipment
charges and lab costs are not reimbursable. The case
was remanded to the Agency for disbursement of the
reimbursable amount. Board Member J. C. Marlin
dissented.
PCB 91-184
The C.P. Hall Company. v IEPA -
The Board granted petitioners motion to dismiss.
PCB 91-214
North Oak Crysler Plymouth v. Amoco
Oil Co. - The Board found that it lacked jurisdiction in
this matter and was unable to grant the relief requested.
Therefore, the Board granted Amoco's cross-motion for
summary judgment, denied North Oak's motion for
summary judgment, and closed the docket in this
matter.
PCB 91-251
Monterey Coal Co. v. IEPA - The
Board granted Monterey Coal Company a variance with
conditions from the Board's public water supplies
regulations concerning its Clinton County facility.
PCB 91-254
People of the State of Illinois v. Acme
Printing Ink Co. - The Board accepted the Stipulation
and Settlement Agreement in which respondent admitted
to past violations of the Act and Board air regulations
and agreed to pay a sum of $17,500 to the
Environmental Protection Trust Fund and agreed to
cease and desist from further violations concerning its
DuPage County facility. Board Member J. Theodore
Meyer dissented.
PCB 91-255
People of the State of Illinois v. Sears,
Roebuck and Co. - The Board accepted the Stipulation
and Settlement Agreement in which respondent admitted
to past violations of the Act and Board air regulations
and agreed to pay a sum of $4,000 to the Environmental
Protection Trust Fund and agreed to cease and desist
from further violations concerning its Cook County
facility. Board Member J. Theodore Meyer dissented.
PCB 92-24
People of the State of Illinois v.
Modine Manufacturing Co. - The Board accepted the
Stipulation and Settlement Agreement executed by the
parties in which respondent neither admitted nor denied
alleged violations and agreed to pay a civil penalty of
$20,000 designated to the Environmental Protection
Trust Fund concerning its McHenry County facility.
Board Member J. Theodore Meyer dissented.
PCB 92-52
Modern Plating Corp. v. IEPA - The
Board granted Modern Plating Corp. a 30 day
provisional variance for its Stephenson County facility
from 35 Ill. Adm. Code 722.134(b).
AC 89-275
IEPA v. Quantum Chemical Corp. - The
Board granted the Agency's motion to delete the
violation of Section 21(q)(6) and to amend the $1,000
penalty to $500. The Board found respondent violated
Section 21(q)(1) and imposed a fine of $500 designated
to the Environmental Protection Trust Fund.
R91-13
RCRA Update, USEPA Regulations
(1/1/91-6/30/91) - The Board updated its RCRA
Hazardous Waste Regulations to reflect USEPA
amendments made between 1/1/91 and 6/30/91.
R91-14
UST Update, USEPA Regulations
(1/1/91-6/30/91) - The Board updated its UST
Regulations to reflect USEPA amendments made
between 1/1/91 and 6/30/91.
R91-22
PM-10 Emissions Limits for the McCook
and Lake Calumet areas of Cook County, Illinois and
the Granite City Area of Madison County, Illinois:
Amendments to 35 Ill.Adm.Code Parts 211 and 213 -
This matter was adopted as a final rule, fulfilling the
mandate of Section 14.4 of the Environmental
Protection Act.
R91-35
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
- This matter was adopted as a final rule, fulfilling the
mandate of Section 14.4 of the Environmental
Protection Act.
R92-4
UIC Update, USEPA Regulations
(7/1/91 through 12/31//91) - The matter was dismissed
as there was no update of UIC rules by the USEPA for
this period.
R92-5
Pretreatment Update (7/1/91 through
12/31/91) - The matter was dismissed as there was no
update of pretreatment rules by the USEPA for this
period.
R92-6
Exemptions from the definition of VOM,
USEPA Regulations (7/1/91 through 12/31/91) - The
matter was dismissed as there was not update of these
regulations by the USEPA for this period.
NEW CASES - APRIL 9, 1992 BOARD MEETING
NEW CASES - APRIL 9, 1992 BOARD MEETING
PCB 92-49
Bernard Miller v. IEPA - Petitioner
seeks a review of an underground storage tank
reimbursement determination for its Sangamon County
facility. Accepted for hearing.
PCB 92-50
Lawrence Brothers, Inc. v. IEPA -
Petitioner seeks an air variance for its Whiteside County
facility. Accepted for hearing.
PCB 92-51
People of the State of Illinois v. United
Coatings, Inc. - Petitioner alleges violations of the Act
and Board air pollution regulations at respondent's
Kankakee County facility. A stipulation and proposal
Environmental Register No. 450
April 22, 1992/Page 3
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 92-52
Modern Plating Corp. v. IEPA - See
Final Actions.
PCB 92-53
Martin Oil Marketing v. IEPA -
Petitioner seeks a review of an underground storage
tank reimbursement determination for its Cook County
facility. Accepted for hearing.
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.
April 28
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 229, Corboy Courtroom, 1 East Pearson. Chicago.
April 29
9:00 a.m.
PCB 92-10
UST-FRD
Kelly Williamson Company v. EPA - Ogle County Courthouse, 4th & Washington
Sts., State's Attorney's Conference Room, Oregon.
April 29
10:00 a.m.
PCB 90-201
N-E
David L. Dravis and Margo Dravis v. M & D AG, Jerry McGinn, and Bert Davis -
Whiteside County Courthouse, 200 E. Knox St., Morrison.
April 29
1:00 p.m.
AC 91-45
AC
County of Ogle v. Rochelle Disposal Services, Inc., Operator and City of Rochelle
-Ogle County Courthouse, 4th & Washington Sts., State's Attorney's Conference
Room, Oregon.
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.
April 30
9:30 a.m.
PCB 91-154
L-E
Carrell and Mary Bates v. Edward E. Brake; Ella F. Brake; Eugene Gale Heiser,
in his individual capacity and d/b/a Heiser Oil & Gas Company, an Illinois
Corporation - Fisher Village Hall, Council Chambers, 104 W. Front St., Fisher.
May 1
10:00 a.m.
AS 91-5
AS
In the Matter of Elizabeth Street Foundry, Inc., an Illinois Corporation, Petition
for Adjusted Standard, 35 Ill. Adm. Code 212.321 - State of Illinois Center, Suite
11-500, 100 W. Randolph St., Chicago.
May 6
9:30 a.m.
PCB 91-194
CSO-E
Residents of Cedarville v. Village of Cedarville - Stephenson County Courthouse,
County Board Room, First Floor, 15 North Galena Avenue, Freeport.
May 7
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph
St., Conference Room 9-040, Chicago.
May 7
9:30 a.m.
PCB 91-202
P-A
Sherex Chemical Co., Inc. v. EPA - Peoria County Courthouse, Board of
Supervisors, Jefferson & Main Street, Peoria.
May 8
10:00 a.m.
AC 92-5
AC
EPA v. Ronald D. and Retha M. Rawe - Greene County Courthouse, Carrollton.
May 11
10:00 a.m.
AC 91-37
AC
EPA v. Hubert Larson and John Strange - Rockford State of Illinois Building, 200
S. Wyman, Third Floor, Small Conf. Room, Rockford.
May 12
10:00 a.m.
PCB 90-8
P-A
The City of Metropolis v. EPA - Metropolis City Hall, City Council Chambers,
106 W. 5th St., Metropolis.
May 12
R 91-28
In the Matter of: Amendments to 35 Ill. Adm. Code Subtitle B: Air Pollution,
Page 4/April 22, 1992
Environmental Register No. 450
11:00 a.m.
R
Reasonably Available Control Technology - Geographical Expansion for the
Chicago Consolidated Metropolitan Statistical Area - Oswego Law Enforcement
Center, Community Room, 3525 Route 34, Oswego.
May 12
2:00 p.m.
R91-24
R
In the Matter of: Exemptions from Definitions of VOM, 35 Ill. Adm. Code 218
and 219 - Oswego Law Enforcement Center, Community Room, 3525 Route 34,
(Across from Fox Bend Golf Course) Oswego.
May 13
10:00 a.m.
PCB 91-237
P-A
Laidlaw Environmental Services of Illinois, Inc. v. EPA - Rockford Public
Library, Room C., Lower Level, 215 N. Wyman St., Rockford.
May 13
10:00 a.m.
PCB 91-238
P-A
Laidlaw Environmental Services of Illinois, Inc. v. EPA - Rockford Public
Library, Room C., Lower Level, 215 N. Wyman St., Rockford.
May 14
10:00 a.m.
PCB 92-36
UST-FRD
City of Lake Forest v. EPA - Lake Forest City Hall, 220 E. Deerpath, Lake
Forest.
May 14
10:00 a.m.
AC 91-32
AC
Ogles County v. Rochelle Services, Inc. - Ogle County Courthouse, State's
Attorney's Conference Room, 4th and Washington Streets, Oregon.
May 15
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.
May 15
10:00 a.m.
PCB 91-83
UST-FRD
Village of Lincolnwood v. EPA - State of Illinois Center, Suite 11-500, 100 W.
Randolph St., Chicago.
May 19
10:00 a.m.
AS 91-11
AS
In the Matter of: Illinois American Water Company for an Adjusted Standard from
35 Ill. Adm. Code 304.124 (Iron and TSS only) for the Water Company's East St.
Louis Public Water Supply Facility - Alton City Hall, Council Chambers, Room
104, 101 E. Third St., Alton.
May 21
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph
St., Conference Room 9-040, Chicago.
May 21
9:00 a.m.
PCB 92-40
P-A
Waste Hauling, Inc. v. EPA - Macon County Building, Room 504, Macon County
Boardroom, 253 E. Wood St., Decatur.
May 22
9:00 a.m.
PCB 92-42
UST-FRD
Burwell Oil Service, Inc. v. EPA - Municipal Building, Room 203, Seventh and
Monroe Streets, Springfield.
May 22
10:00 a.m.
AC 92-3
AC
EPA v. Dennis Grubaugh - Vandalia City Hall, Counsel Chamber, 219 S. Fifth
St., Vandalia.
May 26
10:00 a.m.
PCB 92-17
UST-FRD
Tim's Standard/Freeport v. EPA - City of Freeport City Hall, Council Chambers,
230 W. Stephenson St., Freeport.
May 27
10:00 a.m.
AS 91-12
AS
In the Matter of: Illinois American Water Company for an Adjusted Standard from
35 Ill. Adm. Code 304.124 (Iron and TSS only) for the Water Company's Cairo
Public Water Supply Facility - Alexander County Courthouse, Small Courtroom,
2000 Washington St., Cairo.
June 1
10:00 a.m.
PCB 91-50
N-E
Karl Christ and Helen Christ v. Compost Enterprises, Inc. - Marengo City Hall,
132 E. Prairie St., Marengo.
June 1
10:00 a.m.
PCB 91-260
UST-FRD
Capital Asset Corp. and Industrial Investors Limited Partnership v. EPA -
Rockford State of Illinois Center, Third Floor Conference Room, 200 S. Wyman,
Rockford.
June 2
10:00 a.m.
PCB 91-50
N-E
Karl Christ and Helen Christ v. Compost Enterprises, Inc. - Marengo City Hall,
132 E. Prairie St., Marengo.
June 4
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph
St., Conference Room 9-040, Chicago.
Environmental Register No. 450
April 22, 1992/Page 5
June 4
10:00 a.m.
PCB 91-50
N-E
Karl Christ and Helen Christ v. Compost Enterprises, Inc. - Marengo City Hall,
132 E. Prairie St., Marengo.
June 5
10:00 a.m.
PCB 92-49
UST-FRD
Bernard Miller v. IEPA - Newton City Hall, City Council Chambers, 108 N. Van
Buren St., Newton.
June 9
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.
June 9
10:00 a.m.
R91-23
R
In the Matter of Marathon Oil Company Petition for Site-Specific Rule Change, 35
Ill. Adm. Code 303.323 - Courthouse Commercium, Conference Room 280, 301
S. Cross St., Robinson.
June 11
10:00 a.m.
PCB 92-31
UST-FRD
City of Roodhouse v. EPA - City of Roodhouse City Hall, 119 W. Palm St.,
Roodhouse.
June 23
9:30 a.m.
PCB 92-15
UST-FRD
Mercantile Bank of St. Louis, N.A., Personal Representative of the Estate of Ann
Gudder v. EPA - Williamson County Courthouse, 200 W. Jefferson (adjacent to
Courtroom #5), Marion.
June 24
10:00 a.m.
PCB 91-259
UST-FRD
City of Rockford v. IEPA - Rockford State of Illinois Building, 200 Wyman, Third
Conference Room, Rockford.
June 25
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph
St., Conference Room 9-040, Chicago.
June 25
10:00 a.m.
PCB 91-259
UST-FRD
City of Rockford v. IEPA - Rockford State of Illinois Building, 200 Wyman, Third
Conference Room, Rockford.
June 29
9:00 a.m.
PCB 91-250
P-A
Pekin Energy Company v. EPA - Pekin City Hall, Counsel Chambers, 400
Margaret St., Pekin.
June 30
10:00 a.m.
PCB 92-26
A&N-E
Dale Dettlaff and Deborah Dettlaff v. Mr. Edwardo Boado, EPB Services, Inc. -
ELA Town Hall, 95 E. Main St., Lake Zurich.
June 30
11:00 a.m.
PCB 91-16
P-A
Nicor National, Inc. v. EPA - Madison County Courthouse, 155 N. Main St.,
Edwardsville.
July 1
9:30 a.m.
PCB 90-42
P-A
Stepan Company v. EPA - Will County Courthouse, 14 W. Jefferson St., Room
439, Joliet.
July 21
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.
September 15
10:00 a.m.
PCB 91-201
UST-FRD
RKF Enterprises v. EPA - Benton City Hall, Council Room, 500 W. Main St.,
Benton.
September 24
10:00 a.m.
PCB 91-157
L-E
People of the State of Illinois v. The Grigoleit Company - Decatur Civic Center,
Human Resources Conference Room, Second Floor, 1 Civic Center Plaza,
Decatur.
September 25
10:00 a.m.
PCB 91-157
L-E
People of the State of Illinois v. The Grigoleit Company - Decatur Civic Center,
Human Resources Conference Room, Second Floor, 1 Civic Center Plaza,
Decatur.
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
Page 6/April 22, 1992
Environmental Register No. 450
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, April 22, 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
Urbana, Illinois
Joan G. Anderson
Ronald C. Flemal
Bill S. Forcade
Western Springs, Illinois
DeKalb, Illinois
Chicago, Illinois
G. Tanner Girard
J. Theodore Meyer
Michael L. Nardulli
Grafton, 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.
Environmental Register No. 450
April 22, 1992/Page 7
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
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