9209-457.PDF

INFORMATION SERVICES AVAILABLE FROM THE BOARD
WATERWAYS CRUISE AND ENVIRONMENTAL WORKSHOP

NOTICE OF PUBLIC HEARING ON PROPOSEDSTATE IMPLEMENTATION PLAN SUBMITTAL

Printed on Recycled Paper

NVIRONMENTAL

EGISTER

Illinois Pollution Control Board News

No. 457

September 16, 1992

PCB LEGISLATIVE REPORT:

POLLUTION PREVENTION ACT (S.B. 1295) REACHES GOVERNOR'S DESK;

READERS URGED TO NOTE NEW CLEAN AIR ACT RULEMAKING R

READERS URGED TO NOTE NEW CLEAN AIR ACT RULEMAKING REQUIREMENTS

EQUIREMENTS

Undoubtedly the most significant piece of environmental legislation passed in the Spring Session of the legislature was

Senate Bill 1295, The Illinois Pollution Prevention Act. The bill, now on Governor Edgar's desk, is the product of

weeks of intensive negotiations among agencies, the Governor's Office, various segments of the regulated community,

and representatives of several environmental advocacy groups. The bill would make sweeping changes in Illinois'

environmental laws. Among its significant changes, the bill would establish the Pollution Prevention Advisory Council

as part of a program to establish a pollution prevention strategy for Illinois. It would also prohibit the use of packaging

containing certain toxic materials effective July 1, 1994.

However, the most significant changes in S.B. 1295 are those relating to the federal Clean Air Act Amendments of

1990 (CAAA). The bill would create the Clean Air Act Permit Program (CAAPP) and establish unique identical-in-

substance and "fast-track" rulemaking procedures for CAAA regulations. It would prohibit the Board from initiating

rulemaking to implement the CAAA; such rules would rather be required to be proposed by the Illinois Environmental

Protection Agency (IEPA). Importantly, it would create the Clean Air Act Permit Fund to fund the CAAA-related

activities of the Agency, the Board and other entities; the Fund would be supported by annual fees imposed on air

pollution emission sources no sooner than January 1, 1994. It would create the position of Small Business Ombudsman

and a State Compliance Advisory Panel to support small business in trying to comply with CAAA/CAAPP requirements.

It would impose a civil penalty of not to exceed $10,000 per day for violation of CAAPP-related regulations, fee

provisions, or filing requirements. Finally, it would amend the Public Utilities Act to allow public utilities to file a

separate tariff to recover CAAPP fees.

If the bill is signed in its present form, the Board urges all interested persons to take special note of the new CAAA

rulemaking provisions, designed to expedite the rulemaking process. One practical difference is that there is virtually no

discretion provided to the Board to accommodate any participant's scheduling problems, such as the unavailability of

witnesses on designated hearing days, whether due to illness, flight delays or other unavoidable causes. Participants thus

should be particularly diligent and conservative in preparing for and meeting filing deadlines and hearing schedules.

As of press time (9/15/92), the Governor had not yet taken action to approve, veto or amendatorily veto this

legislation. For additional information on recent legislation contact Phil Van Ness, the Board's Intergovernmental

Affairs Attorney, at (312) 814-3620.

This is the second of a series of special reports describing Illinois legislative developments and their prospective impact

on Board operations.

RULEMAKING UPDATE

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

NOTICE OF PUBLIC HEARING ON PROPOSED STATE IMPLEMENTATION PLAN SUBMITTAL

INSIDE THIS ISSUE ON PAGE 9

INFORMATION SERVICES AVAILABLE FROM THE BOARD

See the inside of the last page of this issue for details on informational items available from the Board.

These items include a subscription service for Board opinions and orders and copies of the landfill regulations in

electronic format.

Page

Page 2

2/ September 16, 1992

/ September 16, 1992

Environmental Register No. 457

GROUNDWATER QUALITY STANDARDS AMENDMENTS

ADOPTED, R89-14(C)

On September 3, 1992, the Board adopted amendments to the

public water supply and water pollution control rules relating to

groundwater quality. This rulemaking completed a set of rules

adopted in prior proceedings that establish quality standards for

Illinois groundwater. The proposed amendments effect

corrections to the earlier-adopted rules. They clarify the

applicability of the water pollution control regulations of Subtitle

C to underground waters. They also restore an inadvertently-

omitted phrase to the text of the earlier-adopted rules. The

Board adopted the amendments without substantive change from

the April 23, 1992 second First Notice. Directed questions to

Michelle Dresdow, at 815-753-0947. (Please refer to docket

R89-14(C).

LIST OF TOXIC AIR CONTAMINANTS ADOPTED, R90-1(A)

On September 3, 1992, in Docket R90-1(A), the Board made

final a list of 263 toxic air contaminants which may pose a

significant risk to human health. In addition to the list of

chemicals, the Board adopted a method for use in determining if

a chemical is toxic or carcinogenic (cancer-causing). The rules

also include provisions by which the listing of a chemical may be

proposed or challenged.

Section 9.5(c) of the Environmental Protection Act mandated

that the Board adopt this list, which the Illinois Environmental

Protection Agency initiated by filing a proposal. Due to the

nature of some of the questions arising during the public hearing

and comment periods in this docket R90-1(A), the Board has

deferred action on some issues. Docket R90-1(B) will consider

the listing of chemicals that may threaten plant and animal life.

Docket R90-1(C) contains that portion of the rules proposed as

the new 35 Ill. Adm. Code 232.Subpart D recordskeeping and

reporting requirements, as published at 15 Ill. Reg. 14969, Oct.

15, 1991. The Board opened docket R90-1(D) on September 3,

1992 by RES 92-1 in response to an objection by the Joint

Committee on Administrative Rules relating to the proposal to

include styrene on the list of air toxics in R90-1(A). R90-1(D) will

allow further consideration as to whether the Board should or

should not list styrene and a fuller explanation of the Board's

rationale for any action it may take in this regard.

Copies of the final rules (R90-1(A)) and the Board's resolution

on styrene (RES 92-1) are available from the Clerk of the Board,

100 W. Randolph, Suite 11-500, Chicago, Illinois 60601 (312-

814-3620). Direct questions to LouAnn C. Burnett at 217-333-

5573. (Please refer to docket R90-1(A) or RES 92-1, as

appropriate.)

APPEAL UPDATE

FIRST DISTRICT AFFIRMS BOARD REGIONAL POLLUTION

CONTROL FACILITY SITING APPEAL DECISION ON

REMAND

By an August 28, 1992 decision on remand in Waste

Management of Illinois, Inc. v. PCB (1992), No. 1-89-2541, the

First District appellate court affirmed the Board's July 13, August

10, and September 13, 1989 decisions in Waste Management of

Illinois, Inc. v. Village of Bensenville, PCB 88-39, 101 PCB 73,

102 PCB 25, 103 PCB 17. In that regional pollution control

facility siting review, the Board upheld the Village of

Bensenville's February 2, 1989 denial of siting approval for a

waste transfer station proposed for a seven-acre site within the

Village. The Village had held,

inter

alia

, that Waste Management

had failed to prove the site was necessary for the area proposed

to be served, as required by Section 39.2(a)(i) of the

Environmental Protection Act, Ill. Rev. Stat. 1991 ch. 111½, par.

1039.2(a)(i). The Board affirmed the Village's determination by

its order of July 13, 1989 without opinion. The Board rendered

its supporting opinion on August 10, 1989. Waste Management

petitioned for Board reconsideration, which the Board denied on

September 13, 1989.

Waste Management appealed the Board's decision, and the

court held that the Board had failed to render its final decision

within the 120 days required by statute, Ill. Rev. Stat. 1991 ch.

111½, par. 1040.1(a), so the siting approval was deemed granted

by operation of law. The Board appealed this decision to the

Illinois supreme court, which reversed by upholding the Board's

determination. The supreme court held that the Board's decision

of July 13, 1989 was a "final action" for the purposes of Section

40.1(a), even though the Board did not render its supporting

opinion including the required "statement of reasons" until August

10. Waste Management of Illinois, Inc. v. PCB (1992), 145 Ill. 2d

345, 585 N.E.2d 606.

On remand, the First District addressed the merits of the

Board's affirmance of the Village's determination on facility siting.

The court addressed the issue of the statutorily-required

showing of need. The court found that the record failed to

establish a need for the facility in the area proposed to be

served. Rather, the court highlighted its numerous informational

deficiencies, including the percentage of the service area the

facility would serve, the lack of an economic analysis of the

proposal, and the anticipated remaining capacity of local landfills.

On the other hand, the court found that the record clearly

indicated the facility would improve the efficiency of Waste

Management's operations. It found that this was not enough to

establish the statutory requirement of necessity. The court held

that the Village's determination as upheld by the Board was not

against the manifest weight of the evidence and affirmed the

Board's decision.

FOR YOUR INFORMATION

MOTIONS FOR RECONSIDERATION MAY BE NECESSARY

TO PERFECT AN APPEAL

Environmental Register No. 457

September 16, 1992/Page

September 16, 1992/Page 3

On August 20 the Third District court of appeals denied the

Attorney General's July 17, 1992 motion to dismiss in Strube v.

Pollution Control Board (3-92-0468). The motion, filed on behalf

of the Board and the IEPA, sought to dismiss the appeal based

on the Illinois Supreme Court's decision in Casteneda v. Illinois

Human Rights Commission (1989), 132 Ill. 2d 304, 547 N.E.2d

437, where the court held that the failure to file a motion for

reconsideration amounted to a failure to exhaust administrative

remedies. The Board and the IEPA contended, based on

Casteneda, that a motion for reconsideration must be filed with

the Board in order to perfect an appeal to the appellate court.

The Third District's order denying the motion to dismiss was

without opinion, so the impact of Casteneda on appeals from

Board orders is still uncertain. Whenever an Illinois court issues

a decision on this issue, an item will appear in the

Environmental

Register

FORMER CHAIRMAN DUMELLE TO BE HONORED

The Illinois Association of Wastewater Agencies has announced

its intent to bestow its 1992 Illinois Award to former Board

chairman Jacob D. Dumelle. Mr. Dumelle was selected from

numerous nominees to receive this award for his contributions to

the fields of waste collection, treatment, and purification. Mr.

Dumelle will receive the award at the Association's 1992 annual

meeting to be held October 15, 1992 at Pere Marquette State

Park, near Grafton, Illinois.

UPDATE TO ENVIRONMENTAL REGISTER MAILING LIST

The Board is updating the mailing list for the Environmental

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,

please fill out the address label located on the next to last page

of this issue and return it to the Board as soon as possible.

FINAL ACTIONS

FINAL ACTIONS - SEPTEMBER 3, 1992 BOARD MEETING

- SEPTEMBER 3, 1992 BOARD MEETING

PCB 86-161

IEPA v. Elizabeth Street Foundry, Inc. - The Board

found that Elizabeth Street Foundry had violated Section 9(a)

and (b) of the Act and Sections 201.141, 201.144, and 212.321

of the air pollution control regulations. The Board directed

Elizabeth Street Foundry to pay a penalty of $5,000 to the

Environmental Protection Trust Fund for its Cook County facility.

PCB 90-42

Stepan Company v. IEPA - The Board granted

petitioner's motion to withdraw its air permit appeal for its Will

County facility.

PCB 90-108

Joseph B. Stratton and Pamela J. Stratton v.

Charles M. Rock and Little Caesar's Pizza - The Board granted

the Stratton's motion to withdraw their citizens' noise

enforcement complaints against both respondents involving a

Peoria County facility.

PCB 90-197

The Celotex Corporation v. IEPA - The Board

granted petitioner's motion to dismiss its air permit appeal for its

Adams County facility.

PCB 91-10

Amoco Oil Co. v. IEPA - The Board granted a

variance, with conditions, from the water quality standards for

Amoco's Tazewell County facility.

PCB 91-16

Nicor National, Inc. v. IEPA - The Board granted

petitioner's motion to dismiss its RCRA permit appeal for its

Madison County facility.

PCB 91-222

Ronk Electrical Industries v. IEPA - The Board

granted petitioner's motion to dismiss its RCRA permit appeal for

its Montgomery County facility.

PCB 92-128

Laclede Steel Inc. v. IEPA - Upon receipt of an

Agency recommendation, the Board granted a 30-day provisional

variance from the RCRA 90-day limit on hazardous waste

accumulation at Laclede Steel's Madison County facility.

PCB 92-129

Akzo Chemicals, Inc. v. IEPA - Upon receipt of an

Agency recommendation, the Board granted a 30 day provisional

variance from the RCRA 90-day limit on hazardous waste

accumulation at Akzo Chemical's Cook County facility.

AC 92-53

Sangamon County v. Illinois Central Railroad Co. -

The Board found that Illinois Central Railroad had violated

Sections 21(p)(1) and 21(p)(5) of the Act and imposed a penalty

of $1,000 payable to the Sangamon County Public Health

Department.

AC 92-54

IEPA v. Jim Mayo - The Board found that Jim

Mayo had violated Sections 21(p)(1) and 21(p)(5) of the Act and

imposed a penalty of $1,000 payable to the Environmental

Protection Trust Fund for his Henderson County facility.

AC 92-56

IEPA v. Jeral Miller d/b/a Miller Trucking and

Excavating - The Board found that Jeral Miller had violated

Sections 21(p)(1) and 21(p)(3) of the Act and imposed a penalty

of $1,000 payable to the Environmental Protection Trust Fund for

his Rock Island County facility.

Page

Page 4

4/ September 16, 1992

/ September 16, 1992

Environmental Register No. 457

AC 92-57

IEPA v. Western Lion Ltd. - The Board found that

Western Lion Ltd. had violated Sections 21(o)(5) of the Act and

imposed a penalty of $500 payable to the Environmental

Protection Trust Fund for its Coles County facility.

R89-14

In the Matter of: Groundwater Quality Standards:

Amendments to 35 Ill. Adm. Code 303, 616 and 620 - See

Rulemaking Update.

R 90-1(A)

In the Matter of: Toxic Air Contaminants List (35

Ill. Adm. Code 232) - See Rulemaking Update.

R 90-1(C)

In the Matter of: Toxic Air Contaminants List (35

Ill. Adm. Code 232) - See Rulemaking Update.

AS 92-2

In the Matter of: Petition of We-Shred-it, Inc., for

an Adjusted Standard from 35 Ill. Adm. Code 848.101 (Waste

Tires) - Upon Agency recommendation, the Board denied We-

Shred-It's petition for and adjusted standard from the used and

waste tire regulations for its Christian County facility.

NEW CASES

NEW CASES - SEPTEMBER 3, 1992 BOARD MEETING

- SEPTEMBER 3, 1992 BOARD MEETING

PCB 92-117

IEI Barge Services, Inc. v. IEPA - The Board

accepted the air variance petition for a Jo Daviess County facility

for hearing.

PCB 92-118

Ideal Heating Company, an Illinois Corporation v.

IEPA - The Board accepted this underground storage tank

reimburse fund determination appeal for hearing involving a

DuPage County facility.

PCB 92-119

Yolanda Price v. South Shore Villa

Condominiums, and Quality Management Service, Inc. - The

Board ordered briefing on a jurisdictional issue raised by the

citizen's noise pollution enforcement complaint involving a Cook

County facility.

PCB 92-120

Amerock Corporation v. IEPA - The Board

requested more information in this water pollution control

variance matter involving a Winnebago County facility.

PCB 92-121

People of the State of Illinois v. Minnesota Mining

and Manufacturing Co. - A hearing is mandatory in this land

pollution control enforcement action involving a Cook County

facility.

PCB 92-122

F & R Enterprises, Inc. and Illinois Corporation v.

IEPA - The Board accepted this underground storage tank

reimburse fund determination appeal for hearing involving a Cook

County facility.

PCB 92-123

Chemrex, Inc. v. IEPA - The Board accepted this

underground storage tank reimburse fund determination appeal

for hearing involving a Cook County facility.

PCB 92-124

Mercantile Bank of St. Louis, N.A., Personal

Representative of the Estate of Ullus Gudder, (LUST

Incident No. 912705) v. IEPA - The Board accepted this

underground storage tank reimburse fund determination appeal

for hearing involving a St. Clair County facility.

PCB 92-125

Mercantile Bank of St. Louis, N.A., Personal

Representative of the Estate of Ann Gudder, (LUST Incident No.

912563) v. IEPA - The Board accepted this underground storage

tank reimburse fund determination appeal for hearing involving a

Vermillion County facility.

PCB 92-126

Safety-Kleen Corp. v. IEPA - The Board accepted

the RCRA permit appeal for a Cook County facility for hearing.

PCB 92-127

City of Des Plaines, Gail Papasteriadis, and

Gabriel and Linda Gulo v. Solid Waste Agency of North Cook

County - The Board held the citizens' land enforcement

complaint involving a Cook County facility for a statutorily-

mandated "frivolous and duplicitous" determination.

PCB 92-128

Laclede Steel Inc. v. IEPA - See Final Actions.

PCB 92-129

Akzo Chemicals, Inc. v. IEPA - See Final Actions.

PCB 92-130

Olin Corp. v. IEPA - The Board held the air

variance petition involving a Williamson County facility for the

Agency Recommendation.

R92-8

In the Matter of: Proposed Amendments to 35 Ill.

Adm. Code.Subtitle C (Water Toxics and Bioaccumulation) - The

Board accepted the water pollution control rulemaking proposal

for hearing.

Environmental Register No. 457

September 16, 1992/Page

September 16, 1992/Page 5

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.

September 18

9:30 a.m.

AS 92-5

In the Matter of: Petition of D & L Landfill, Inc. and D & L Disposal, Inc. for Adjusted Standard

from 35 Ill. Adm. Code Section 814.104(a), 914.401 and 814.501 - Bond County Courthouse,

Main Courtroom, 200 W. College, Greenville.

September 21

9:00 a.m.

PCB 92-111

UST-FRD

Russell L. Bacon v. IEPA - Law & Justice Center, Dining Room, 104 W. Front St.,

Bloomington.

September 21

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.

September 22

10:00 a.m.

PCB 91-262

UST-FRD

The Pumper, Inc. v. EPA - Hinsdale Public Library, Lower Level Conference Room, 20 E.

Maple St., Hinsdale.

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 23

10:00 a.m.

PCB 92-98

UST-FRD

Reichhold Chemicals, Inc. v. EPA - State of Illinois Center, Suite 11-500, 100 W. Randolph

St., Chicago.

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 24

10:00 a.m.

PCB 92-105

UST-FRD

Weyerhauser Co., v. EPA - State of Illinois Center, Suite 11-500, 100 W. Randolph St.,

Chicago.

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 28

10:00 a.m.

PCB 92-103

UST-FRD

City of Freeport v. EPA - Freeport City Hall, Council Chambers, 230 W. Stephenson St.,

Freeport.

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.

September 30

10:00 a.m.

PCB 90-244

P-A

General Electric Company v. EPA - Whiteside County Courthouse, 200 E. Knox, Room 117,

Morrison.

September 30

10:00 a.m.

PCB 92-81

UST-FRD

James Lynch v. EPA - Macoupin County Courthouse, County Board Room, Carlinville.

October 1

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

Conference Room 9-040, Chicago.

Page

Page 6

6/ September 16, 1992

/ September 16, 1992

Environmental Register No. 457

October 1

9:15 a.m.

AC 92-51

EPA v. John McCullum and Nina J. McCullum - Peoria County Courthouse, County Board

Room, 324 Main St., Peoria.

October 1

10:00 a.m.

PCB 90-244

P-A

General Electric Company v. EPA - Whiteside County Courthouse, 200 E. Knox, Room 117,

Morrison.

October 1

1:00 p.m.

AC 92-41

EPA v. Lakewood Homes & Development Co., Inc. - Law Offices of James T.J. Keating, Suite

1220, 542 S. Dearborn St., Chicago.

October 2

9:30 a.m.

PCB 91-18

P-A

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

222 S. Poplar, Centralia.

October 2

10:00 a.m.

AC 92-50

Logan County Health Department v. Lincoln/Logan Landfill, Inc. - Logan County Courthouse,

Lincoln.

October 2

10:00 a.m.

AC 92-39

County of Jackson v. Leslie Norman Fred, Sr., d/b/a Murphysboro/Norman Fred Trucking -

Jackson County Courthouse Board Room, First Floor, Murphysboro.

October 2

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.

October 6

9:00 a.m.

PCB 92-88

UST-FRD

Southern Food Park, Inc. v. EPA - Franklin County Courthouse, County Board Room, Public

Square, Benton.

October 7

9:00 a.m.

PCB 92-88

UST-FRD

Southern Food Park, Inc. v. EPA - Franklin County Courthouse, County Board Room, Public

Square, Benton.

October 8

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.

October 8

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.

October 13

9:30 a.m.

PCB 91-56

P-A

Douglas Furniture of California, Inc. v. EPA - State of Illinois Center, Suite 11-500, 100 W.

Randolph St., Chicago.

October 13

10:00 a.m.

PCB 92-17

UST-FRD

Tim's Standard v. IEPA - Council Chambers, Freeport City Hall, 230 W. Stephenson St.,

Freeport.

October 14

9:30 a.m.

PCB 91-38

P-A

American Waste Procssing, Ltd. v. EPA - State of Illinois Center, EPA Conference Room,

Fourth Floor, 100 W. Randolph St., Chicago.

October 14

10:00 a.m.

AS 92-4

Air

In the Matter of: Joint Petition of Detroit Diesel Corporation , Navistar International

Transportation Corporation, Cummins Engine Company and the Engine Manufacturers

Association for Adjusted Standards from 35 Ill. Adm. Code 240.141 - State of Illinois Center,

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

October 15

9:30 a.m.

PCB 91-38

P-A

American Waste Processing, Ltd. v. EPA - State of Illinois Center, EPA Conference Room,

Fourth Floor, 100 W. Randolph St., Chicago.

October 19

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.

October 15

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

Conference Room 9-040, Chicago.

Environmental Register No. 457

September 16, 1992/Page

September 16, 1992/Page 7

October 20

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.

October 22

9:00 a.m.

AC 92-55

County of Christian v. Max Wayman and Carlotta J. Wayman - Christian County Court House,

County Board Room, Second Floor, Taylorville.

October 22

9:00 a.m.

PCB 91-197

P-A

Cabot Corporation (Tuscola Facility) v. EPA - Douglas County Courthouse, First Floor, 401 S.

Center St., Tuscola.

October 27

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 and Heiser Oil & Gas Co., an Illinois

Corporation; and Amoco Oil Company - Fisher Village Hall, Council Chambers, 104 W. Front

St., Fisher.

October 27

10:00 a.m.

PCB 92-99

UST-FRD

A.B. Dick Company v. EPA - State of Illinois Center, Suite 11-500, 100 W. Randolph St.,

Chicago.

October 28

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 and Heiser Oil & Gas Co., an Illinois

Corporation; and Amoco Oil Company - Fisher Village Hall, Council Chambers, 104 W. Front

St., Fisher.

October 29

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

Conference Room 9-040, Chicago.

November 5

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.

November 12

10:00 a.m.

AC 92-26

County of Ogle v. City of Rochelle and Rochelle Disposal Service, Inc. (Rochelle Municipal #2

Landfill) - Ogle County Courthouse, 4th and Washington Streets, Oregon.

November 12

10:00 a.m.

AC 92-80

Lake County Forest Preserve District v. Neil Ostro; Janet Ostro; and Big Foot Enterprises -

County Building, Room 1002, 18 N. County Rd., Waukegan.

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 9

9:30 a.m.

AS 92-7

In the Matter of: Petition of Illinois Power Company (Vermilion Power Station) for Adjusted

Standards from 35 Ill. Adm. Code Sec. 302.208(e) - Danville City Hall Council Chambers, 204

N. Hazel St., Danville.

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

Page

Page 8

8/ September 16, 1992

/ September 16, 1992

Environmental Register No. 457

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

WATERWAYS CRUISE AND ENVIRONMENTAL WORKSHOP

EILEEN JOHNSTON is organizing another waterways cruise and floating seminar for Saturday, September

26, 1991. The floating seminar is planned to discuss areas of environmental concern and the progress made in

solving problems since the first Earth Day in 1970. Participants will view pictures of what the areas looked like

twenty years ago. Speakers from state and federal agencies and industries will discuss the environmental progress

made, pollution abatement and current problems.

The cruise is on the Wendella and is 72 miles long. Participants will view the ever changing and exciting

shoreline and skyline of Chicago and northern Indiana, and the waterways of the Calumet Sag Channel, Calumet

River and I & M Shipping Canal. The cruise also passes steel mills, new water reclamation facilities, barges,

landfills and the canyon of city skyscrapers.

Eileen's cruise serves to demonstrate the environmental challenges facing our country due to the dramatic

impact of man on the environment. Some of the questions addressed during the floating seminar include: What

progress has been made? Can we eat fish from the lake? How are environmental regulations proposed and enforced?

Participants meet at 8:45 a.m. at the foot of the Wrigley Building, and we return before 4 p.m. Parking

facilities are located west of the building, allow time to locate a space. Use public transportation if possible. Be

prompt, don't miss the boat!! Bring your lunch. Soft drinks are sold on board. Warm clothes and head gear are in

order. The cost is $45, $35 for full time students. Send checks to:

Eileen Johnston, 505 Maple Avenue, Wilmette, IL 60091; (312) 814-3470

Please make reservation before September 20, 1991. Space is limited, so the sooner the better!

****************************************************************************************

Name

__________________________________________________________________

School, Firm, Group

__________________________________________________________________

Address

__________________________________________________________________

Phone

__________________________________________________________________

Ticket No.

______________________

Amount Enclosed

_______________________

Environmental Register No. 457

September 16, 1992/Page

September 16, 1992/Page 9

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

NOTICE OF PUBLIC HEARING ON PROPOSED

STATE IMPLEMENTATION PLAN SUBMITTAL

The Illinois Environmental Protection Agency ("Agency" or "Illinois EPA") will hold a public hearing on

Tuesday October 27, 1992, at 10:00 a.m. at the Illinois EPA's Sangamo Building Premises Training Room "D",

at 1340 North 9th Street, Springfield, Illinois.

The hearing will be held by the Illinois EPA Bureau of Air for the sole purpose of gathering comments prior to

submittal to the United States Environmental Protection Agency on the following State Implementation Plan

submittals:

Small Business Assistance Program

Enhanced Vehicle Inspection and Maintenance

Reasonable Available Control Technology for Oxides of Nitrogen

Offsets for Vehicular Miles Traveled

Copies of the proposal may be viewed by the public prior to hearing during regular business hours (Monday through

Friday, 8:30 a.m. until 5:00 p.m., except for State or national holidays) at the Illinois Environmental Protection

Agency's office at 1340 North Ninth Street, Springfield, Illinois; at the Illinois Environmental Protection Agency's

Regional Office, 1701 First Avenue, Maywood, Illinois; and at the Illinois Environmental Protection Agency's

Regional Office in Collinsville, 2009 Mall Street, Collinsville, Illinois. Members of the public may copy the

proposals at their own expense during regular business hours.

Questions may be directed to:

Kathleen C. Bassi

Associate Counsel

Illinois Environmental Protection Agency

Bureau of Air

P. O. Box 19276

Springfield, IL 62794-9276

217/524-3333

Closure of the Hearing Record

. The Hearing Record will close on

November 6, 1992

. Written comments need

not

be notarized and should be postmarked before midnight November 6, 1992 and mailed to:

John Williams

Agency Hearing Officer

Illinois Environmental Protection Agency

2200 Churchill Road

P. O. Box 19276

Springfield, Illinois 62794-9276

217/782-5541

The hearing will be held under the provisions of the Agency's "Procedures for Information and Quasi-Legislative

Public Hearings" (35 Ill. Adm. Code 164) copies of which are available from the Agency Hearing Officer upon

request, see address and phone number above.

Page

Page 10

10/ September 16, 1992

/ September 16, 1992

Environmental Register No. 457

ENVIRONMENTAL REGISTER NEWSLETTER FOR THE LATEST DEVELOPMENTS

The Environmental Register is a newsletter published by the Board after every Board meeting. The

hearing calendar and provides other useful information on environmental issues.

To order a free subscription to the Environmental Register, please complete the following form and

forward it as follows:

Louise El

Illinois Pollution Control Board

100 W. Randolph, Suite 11-500

Chicago, Illinois 60601

Name

Company Name

Address

City/State/Zip

Yes

, I wish to continue receiving regular free copies of the Environmental Register after July 1, 1992.

, I want my name removed from the mailing list for the Environmental Register.

Environmental Register No. 457

September 16, 1992/Page

September 16, 1992/Page 11

ENVIRONMENTAL INFORMATION SERVICES

AVAILABLE FROM THE BOARD

The Board has the following information available:

SUBSCRIPTION SERVICE OF BOARD OPINIONS AND ORDERS.

The subscription service comprises all the Opinions and

Orders issued by the Pollution Control Board in a fiscal year (July 1 through June 30). The Board

meets approximately twice monthly in order to issue Opinions and Orders.. Usually no later than

the end of each month, a volume is issued containing the Opinions and Orders of the Board from

the preceding month.

HARD COPIES OF BOARD OPINIONS AND ORDERS FOR FISCAL YEAR 1992

(July 1, 1991 through June 30, 1992)

ARE AVAILABLE FOR IMMEDIATE DELIVERY.

The cost is $350.00 per set.

Two formats will be offered starting July 1 of this year (FY93): a hard paper copy for $350.00 per year and an electronic

version for $275.00 per year. The electronic version will consist of Opinions and Orders in the

WordPerfect 5.1 (DOS) format on either 3.5" or 5.25" inch diskettes. The electronic format will

allow for word searches and other useful tools provided by the WordPerfect software.

When ordering, please specify the choice of either the hard copy or electronic version. If ordering the electronic version,

please specify 3.5" or 5.25" diskettes.

LANDFILL REGULATIONS.

This consists of the Board's landfill regulations and other supporting background documentation.

This is offered only in an electronic version which consists of WordPerfect 5.1 (DOS) on either 3.5"

or 5.25" inch diskettes. The electronic format will allow for word searches and other useful tools

provided by the WordPerfect software. The cost is $100.00.

When ordering, please specify the choice of either the 3.5" or 5.25" diskettes.

All checks should be made payable to the Pollution Control Board. Direct all orders to Joe D'Alessandro, Fiscal Officer, Pollution

Control Board, 100 West Randolph Room 11-500, Chicago, Illinois 60601.

Page

Page 12

12/ September 16, 1992

/ September 16, 1992

Environmental Register No. 457

Printed by Authority of the State of Illinois, June 22, 1992, 2,000 copies, order #57701.

Bulk Rate

U.S. Postage

PAID

Chicago, IL

Permit No.2088

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

State of Illinois Center, 11-500

100 West Randolph Street

Chicago, Illinois 60601

(312) 814-3620

Address Correction Requested.