9206-454.PDF

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NVIRONMENTAL

EGISTER

Illinois Pollution Control Board News

No. 454

July, 1992

ly, 1992

HOW PROPOSED BUDGET CUTS WILL IMPACT

POLLUTION CONTROL BOARD DOCKET

The Board, like other state agencies, has been hard hit by

multiple proposed budget cuts. Because of its small size, these

proposed cuts have a disproportionate effect. The

Administration's tight budget included a 17% General Revenue

Fund (GRF) reduction. On top of that, the legislature has

proposed an additional 21.5% GRF cut. If no new revenues are

identified, the anticipated negative impacts of the legislative cuts

on the State's environmental program in FY 93 are as follows:

*Only about half of all time-deadline contested cases will be

handled. Based on historical data, this may mean that:

Thirty or more Underground Storage Tank (UST) Fund

reimbursement decisions rendered by the IEPA will be

effectively overturned by default.

The Board estimates

that the loss to the State's UST Fund may exceed

$1,500,000 annually

Four or more Landfill Siting Appeals (SB172) decisions

made by local governments will be overturned by default.

Generally, this means automatic approval of a siting

request, irrespective of the local government's decision.

Six or more variances will be granted by default. This

means automatic approval of a variance irrespective of

the IEPA's recommendation or the merits of the petition.

Eight or more IEPA permit decisions (denials or conditions)

will be overturned by default, again without regards to the

merits of the petition.

*Virtually no funds will remain for enforcement case hearings

such as citizen enforcement cases, Attorney General

enforcement and administrative citation (AC) appeal hearings.

The Board estimates that monetary penalties not levied due

to lack of funds for hearings may exceed $325,000.

This also

effectively frustrates citizen enforcement efforts. Note that these

cases will simply become next year's backlog.

*No funds will remain for site-specific and adjusted standard

rulemaking cases without deadlines. This means that industries

and municipalities will receive no relief from general

environmental regulations, irrespective of the merits of their

claims, at least until next year.

On the positive side, the Board projects that despite the

proposed cuts it will address all Federal rules for Clean Air Act

and Safe Drinking Water Act compliance as well as other

deadline-driven rules where federal highway dollars are at risk.

The Board will also address other legally mandated rules with

deadlines for Board action.

RULEMAKING UPDATE

DEADLINE EXTENDED IN SDWA UPDATE, R91-3

On June 23, 1992, the Board entered an order in the Safe

Drinking Water Act (SDWA) update the embraces USEPA

regulations adopted during the period from January 1 through

June 30, 1991. Basically, USEPA adopted the "Phase II" and

certain microbiological rules during this time-frame. The Board

adopted a proposal for public comment on March 11, 1992. The

Board's order effectively extends the deadline for final Board

action in this matter until October 1, 1992. The reasons stated

for the delay in adoption of a final rule are unusual difficulties in

adapting the federal rules to the Illinois format, the numerous

public comments received, and the delay in receiving answers to

several questions addressed to USEPA. Questions should be

directed to Michael J. McCambridge at 312-814-6924.

DEADLINE EXTENDED IN RCRA UPDATE, R92-1

On June 23, 1992, the Board entered an order in the Resource

Conservation and Recovery Act (RCRA) update the embraces

USEPA regulations adopted during the period from July 1

through December 31, 1991. Basically, USEPA adopted

changes to the groundwater monitoring requirements for interim

status facilities. The docket includes Board-initiated revisions to

the corrosivity characteristic test used for hazardous waste

determinations. The Board adopted a proposal for public

comment on May 7, 1992. The Board's order effectively extends

the deadline for final Board action in this matter until September

3, 1992. The reasons stated for the delay in adoption of a final

rule are the unusual size of the dockets in R91-3, the presently

pending SDWA update, and R91-13, the recently-adopted,

previous RCRA update, and the numerous corrections ultimately

effected to R91-3. Questions should be directed to Morton

Dorothy at 217-333-5575.

FOR YOUR INFORMATION

ANNUAL LIST OF ADJUSTED STANDARDS

This issue contains a listing of all final actions taken on petitions

for adjusted standards during the 1992 fiscal year, July 1, 1991

through June 30, 1992.

UPDATE TO ENVIRONMENTAL REGISTER MAILING LIST

The Board is updating the mailing list for the Environmen-tal

the mailings of the Register. The Board desires to minimize the

impact of these mailings on our budget by assuring that only

those who desire to receive regular free copies of the Register

will appear on the list. If you would like to continue to receive it

after July 1, 1992, please fill out the address label located on the

Page

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2/ June 22, 1992

/ June 22, 1992

Environmental Register No. 454

Printed on Recycled Paper

next to last page of this issue and return it to the Board as soon

as possible.

BOARD AND STAFF ACTIVITIES

@@@

FINAL ACTIONS - JUNE 4, 1992 BOARD MEETING

PCB 88-193

General Motors Corp. v. IEPA - The Board

granted General Motors variance from the air regulations with

conditions for GM's Vermilion County facility.

PCB 91-83

Village of Lincolnwood v. IEPA - The Board

dismissed the petition as not prematurely filed as to the Agency's

deductible determination and granted summary judgment in favor

of the Agency in this underground storage tank reimbursement

determination appeal, upholding the Agency's determination that

costs of corrective action associated with the four abandoned

USTs are not eligible for reimbursement.

PCB 91-260

Capital Asset Corporation & Industrial Investors

Limited Partnership v. IEPA - The Board granted Capital Assets'

motion to dismiss this underground storage tank reimbursement

determination appeal.

PCB 92-22

Warren's Service v. IEPA - The Board affirmed the

Agency's January 23, 1992 determination that the costs of

petitioner, Warren's Service, for replacement of concrete is not a

reimbursable expense for its Mercer County facility in this

underground storage tank reimbursement determination appeal.

PCB 92-25

Land & Lakes Co., JMC Operations, Inc., & NBD

Trust Co. of Illinois as Trustee under trust no. 2624EG v. Village

of Romeoville and County of Will, Intervenor - The Board

concluded that the decision of the Village of Romeoville finding

that Land and Lakes did not meet its burden of establishing need

is not against the manifest weight of evidence and affirmed the

Village's denial of siting in this regional pollution control facility

siting appeal. Board Member J.T. Meyer concurred. Board

Member J.

Anderson dissented.

PCB 92-30

Dynamic Hydra-Blasting, Inc v. IEPA - The Board

granted Dynamic Hydra Blasting's motion to dismiss this

underground storage tank reimbursement determination appeal.

PCB 92-40

Waste Hauling, Inc. v. IEPA - The Board granted

Waste Hauling's motion to dismiss this land permit appeal.

PCB 92-51

People of the State of Illinois v. United Coatings,

Inc. - The Board accepted the Stipulation and Settlement

Agreement in which respondent admitted to past violations of the

Act and air pollution regulations, agreed to pay a sum of $4,000

to the Illinois Environmental Protection Trust Fund, and agreed to

cease and desist from further violations concerning its Kankakee

County facility. Board Member J.T. Meyer dissented.

PCB 92-82

Lawrence Brothers, Inc. v. IEPA - The Board

granted a 30-day provisional variance from the 90-day limit to

accumulation time in the hazardous waste regulations for

Lawrence Brothers' Whiteside County facility.

PCB 92-85

LTV Steel Company v. IEPA - The Board granted

a 45-day provisional variance, with conditions, from the Board's

water regulations that will allow its Putnam County facility to treat

its water intakes against zebra mussels.

R92-2

UST Update, USEPA Regulations (7-1-91 through

12-31-91) - See Rulemaking Update.

NEW CASES - JUNE 4, 1992 BOARD MEETING

PCB 92-74

Kenneth F. Metivier & Cynthia Metivier v. Douglas

Kenyon d/b/a Douglas Kenyon, Inc. - The Board denied Kenyon's

motion to dismiss and set this citizens' noise enforcement action

for hearing.

PCB 92-78

Amoco Chemical Company, Amoco Petroleum

Additives Company Wood River, Illinois v. IEPA - The Board

accepted for hearing Amoco's petition for an air variance for its

Madison County facility.

PCB 92-79

U.S. Department of Energy & The University of

Chicago - The Board accepted the U.S. Department of Energy &

The University of Chicago's land permit appeal for hearing for

their DuPage County facility.

PCB 92-81

James Lynch v. IEPA - The Board ordered that

because James Lynch's petition for review of this Agency

underground storage tank reimbursement determination was

deficient in that it lacked pertinent information, unless an

amended petition is filed within 45 days, the

matter will be subject to dismissal.

PCB 92-82

Lawrence Brothers, Inc. v. IEPA - See Final

Actions.

PCB 92-83

Harlem Township v. IEPA - The Board accepted

Harlem Township's underground storage tank reimbursement

determination appeal for hearing.

PCB 92-84

People of the State of Illinois v. Berkshire

Furniture Company, d/b/a Fasion Bed Group and formerly known

as Allegheny Steel and Brass Corporation - A hearing is

mandatory in this air enforcement action.

PCB 92-85

LTV Steel Company v. IEPA - See Final Actions.

Environmental Register No. 454

June 22, 1992/Page

June 22, 1992/Page 3

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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.

June 15

10:00 a.m.

PCB 92-55

L-S-R

Stephen A. Smith, d/b/a ABC Sanitary Hauling, et al. v. City of Champaign, Illinois -

Champaign City Hall, Council Chambers, 102 N. Neil St., Champaign.

June 16

9:30 a.m.

R 91-20

In the Matter of: Potentially Infectious Medical Waste (PIMW): Treatment, Storage, and

Transfer Facilities and Transportation, Packaging, and Labelling - Bloomington City Hall, City

Counsel Chambers, 109 W. Olive St., Bloomington.

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

9:30 a.m.

PCB 91-67

P-A

Manville Sales Corporation v. EPA - Will County Courthouse, 14 W. Jefferson St. (see Room

439), Joliet.

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 24

10:00 a.m.

PCB 92-50

A-V

Lawrence Brothers, Inc. v. EPA - Coliseum Building, Community Room, 212 Third Ave.,

Sterling.

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 25

1:00 p.m.

PCB 91-221

UST-FRD

Manito/Waddell Airport v. EPA - Mason County Courthouse, Havana.

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 29

9:30 a.m.

AS 92-2

In the Matter of: Petition of We-Shred-It., Inc. for Adjusted Standard from 35 Ill. Adm. Code

Part 848, Management of Used and Waste Tires - Pana City Hall, City Council Chambers,

123 E. 3rd St., Pana.

June 29

10:00 a.m.

AS 91-3

In the Matter of: Petition of Peoria Disposal Company for Adjusted Standard from 35 Ill. Adm.

Code 721, Subpart D - Peoria County Courthouse, Room 403, 324 Main Street, Peoria.

June 29

10:00 a.m.

PCB 91-10

W-V

Amoco Oil Company (Creve Coeur Terminal) v. EPA - McKenzie Building, Tazewell County

Board Room, 3rd Floor, Pekin.

June 29

10:00 a.m.

PCB 92-62

UST-FRD

Galesburg Cottage Hospital v. EPA - Knox County Courthouse, County Board Room, 200 S.

Cherry St., Galesburg.

June 30

10:00 a.m.

PCB 91-10

W-V

Amoco Oil Company Creve Coeur Terminal) v. EPA - McKenzie Building, Tazewell County

Board Room, 3rd Floor, Pekin.

June 30

10:00 a.m.

PCB 92-26

A&N-E

Dale Dettlaff and Deborah Dettlaff v. Mr. Eduardo Boado, EPB Services, Inc. - ELA Town

Hall, 95 E. Main St., Lake Zurich.

June 30

10:00 a.m.

PCB 91-234

P-A

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

Margaret St., Pekin.

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.

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July 8

10:00 a.m.

PCB 91-52

P-A

Atwood Industries, Inc. v. EPA - Stockton Public Library, 140 W. Benton St., Stockton,

July 9

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

Conference Room 2-025, Chicago.

July 10

10:00 a.m.

AC 92-5

EPA v. Ronald D. And Retha M. Rawe - Greene County Courthouse, Carrollton.

July 10

10:00 a.m.

PCB 91-18

P-A

Illinois Central Railroad (Centralia Facility) v. EPA - City Council Chambers, Second Floor,

222 S. Poplar St., Centralia.

July 14

9:30 a.m.

R 91-20

In the Matter of Potentially Infectious Medical Waste (PIMW): Treatment, Storage, and

Transfer Facilities and Transportation, Packaging, and Labelling - State of Illinois Center,

Room 2-025, 100 E. Randolph St., Chicago.

July 14

9:30 a.m.

PCB 92-76

P-A

Meyer Steel Drum, Inc. v. EPA - State of Illinois Center, Suite 11-500, 100 W. Randolph St.,

Chicago.

July 17

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.

July 17

10:00 a.m.

PCB 91-134

P-A

Safety-Kleen Corporation (Elgin Recycle Center) v. EPA - State of Illinois Center, Suite 11-

500, 100 W. Randolph St., Chicago.

July 20

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.

July 21

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.

July 21

10:00 a.m.

R89-17(C)

In the Matter of: Application of California Motor Vehicle Standards in Illinois - State of Illinois

Center, Room 2-025, 100 W. Randolph St., Chicago.

July 23

10:00 a.m.

AC 91-32

County of Ogle v. Rochelle Disposal Services, Inc. - Ogle County Courthouse, State's

Attorney's Conference Room, 4th and Washington Streets, Oregon.

July 29

10:00 a.m.

PCB 92-60

UST-FRD

Kean Oil Company v. EPA - McHenry County Government Center, 2200 N. Seminary,

Woodstock.

July 30

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

Conference Room 9-040, Chicago.

July 31

10:00 a.m.

AC 92-33

St. Clair County v. James Alexander, President, Alexander Development Co., Inc. -St. Clair

County Building, Board Conference Room, Fifth Floor, 10 Public Square, Belleville.

August 3

9:00 a.m.

PCB 92-75

UST-FRD

Estate of Larry Junkin, by Patricia Junkin, Executrix - City of Champaign Building, Room EC-

4, 102 N. Neil St., Champaign.

August 3

10:00 a.m.

PCB 91-237

P-A

Laidlaw Environmental Services of Illinois, Inc. (Operating Permit) v. EPA - Rockford Public

Library, Room C, Lower Level, 215 N. Wyman St., Rockford.

August 3

10:00 a.m.

PCB 91-238

P-A

Laidlaw Environmental Services of Illinois, Inc. (Supplemental Permit) v. EPA - Rockford

Public Library, Room C, Lower Level, 215 N. Wyman St., Rockford.

August 13

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

Conference Room 9-040, Chicago.

August 19

9:30 a.m.

PCB 90-89

SWH-E

EPA v. Fred Johnson, Johnson & Briggs Tank Truck Service a/k/a Johnson & Briggs Tank

Truck & Heater Service (Consolidated with PCB 91-123) - Edwards County Courthouse, 50 E.

Main St., Albion.

August 26

R89-17(C)

In the Matter of: Application of California Motor Vehicle Standards in Illinois - Capitol

Environmental Register No. 454

June 22, 1992/Page

June 22, 1992/Page 5

Printed on Recycled Paper

10:00 a.m.

Building, Room 118, Springfield.

August 27

9:30 a.m.

PCB 91-38

P-A

American Waste Processing, Ltd. v. EPA - State of Illinois Center, Suite 11-500, 100 W.

Randolph St., Chicago.

September 3

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

Conference Room 9-040, Chicago.

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 17

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

Conference Room 9-040, Chicago.

September 23

10:00 a.m.

AS 91-11

In the Matter of the 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 - Belleville City Hall, Council Chambers, 10 S. Illinois St., Belleville.

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.

September 30

10:00 a.m.

AS 91-12

In the Matter of: Petition of the 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.

October 1

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

Conference Room 9-040, Chicago.

October 15

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

Conference Room 9-040, Chicago.

October 29

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

Conference Room 9-040, Chicago.

November 19

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

Conference Room 9-040, Chicago.

December 3

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

Conference Room 9-040, Chicago.

December 17

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

Conference Room 9-040, Chicago.

Calendar Codes

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

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/ June 22, 1992

Environmental Register No. 454

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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 additional information on subscriptions to Board opinions and orders, write to:

Joe D'Alessandro, Fiscal Officer

Illinois Pollution Control Board

100 W. Randolph St., Suite 11-500

Chicago, Illinois 60601

To order a free subscription to the Environmental Register, please detach the following form and forward it as follows:

Victoria Agyeman

Illinois Pollution Control Board

100 W. Randolph, Suite 11-500

Chicago, Illinois 60601

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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

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

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Chicago, Illinois 60601

(312) 814-3620

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