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NVIRONMENTAL
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EGISTER
Illinois Pollution Control Board News
Illinois Pollution Control Board News
No. 460 October 28, 1992
No. 460 October 28, 1992
RULEMAKING UPDATE
RULEMAKING UPDATE
RCRA UPDATE PROPOSED FOR PUBLIC COMMENT, R92-
10.
On October 16, 1992, the Board adopted proposed regulations
to amend the RCRA hazardous waste regulations so as to be
identical in substance to regulations adopted by the USEPA
during the period of 1/1/92 to 6/30/92. The proposed rules
address criteria for listing toxic hazardous waste, liners and leak
detection for land disposal units, extension of stay for coatings
for wood preserving drip pads, mixture and derived-from rules,
"third-third" corrections, general "capacity variance" for "debris",
exclusion of used oil filters, exclusion of coke by-product
residues, and national capacity "variances" for certain reclaimed
lead storage batteries. Also, the Board proposes to include
corrections published by the USEPA after June 30, 1992
regarding the used oil filter and the toxicity characteristic leaching
procedure (TCLP) rules. The Board will receive public comment
for 45 days after the proposed rules are published in the Illinois
Register. Direct questions to Morton Dorothy, at 217-333-5575.
UIC UPDATE PROPOSED FOR PUBLIC COMMENT, R92-13
On October 16, 1992, the Board adopted proposed regulations
to amend the UIC underground injection control regulations so as
to be indentical in substance to regulations adopted by the
USEPA during the period of 1/1/92 to 6/30/92. The proposed
rules address approval of the water-brine interface mechanical
integrity test, and "third-third" corrections. The Board will receive
public comment for 45 days after the proposed rules are
published in the Illinois Register. Direct questions to Morton
Dorothy, at 217-333-5575.
BOARD OPENS DOCKET R92-20, AMENDMENTS TO 35 ILL.
ADM. CODE 615 AND 616 (GROUNDWATER); EXCEPTIONS
FOR PESTICIDE AND FERTI-LIZER FACILITIES
On September 15, 1992, Governor Edgar signed Senate Bill
1750 (Public Act 87-1108) into law. This act amends the Illinois
Environmental Protection Act to provide an alternative
groundwater protection program for certain agrichemical facilities
currently subject to 35 Ill. Adm. Code 615 and 616. On October
16, 1992, the Board opened this docket to begin rulemaking
procedures to conform the Part 615 and 616 regulations with
P.A. 87-1108.
The current Part 615 and 616 rules regulate new and existing
agrichemical facilities that are located within setback zones of
potable water wells, with an effective compliance date of January
1, 1993. Under the provisions of PA 87-1108 facilities may elect
to opt out of the Part 615 and 616 program and instead
participate in an alternative groundwater protection program to be
administered by the Illinois Department of Agriculture.
The Illinois Environmental Protection Agency (Agency) has
elected not to act as proponent in this matter, and so notified the
Board of this intent by letter to the Board dated October 14,
1992. The Agency does, however, by the same letter
recommend language that it believes would provide the
necessary Part 615 and 616 amendments. No other proponent
has stepped forward.
Because the January 1, 1993 compliance date is now
imminent, the Board noted the need for this matter to proceed
expeditiously. Accordingly, on October 16, the Board offered the
Agency's recommendation for first notice, but without making
substantive evaluation of the merits of the recommendation.
Two public hearings will be held on the proposal, as follows:
TUESDAY DECEMBER 8, 1992
10:30 a.m.
Bloomington City Hall
City Council Chambers
109 West Olive Street
Bloomington, IL
INFORMATION SERVICES AVAILABLE FROM THE BOARD
See the inside of this page 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
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2/ October 28, 1992
/ October 28, 1992
Environmental Register No. 460
Environmental Register No. 460
THURSDAY DECEMBER 10, 1992
10:30 a.m.
DeKalb Municipal Building
Council Chambers
20 South 4th Street
DeKalb, IL
Those interested in testifying should contact the hearing
officer, Michelle Dresdow, prior to November 16, 1992, at
815/753-0947.
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 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.
SUBSCRIPTION SERVICE FOR BOARD OPINIONS AND ORDERS
Enclosed is a check in the amount of __________ made payable to the Illinois Pollution Control Board for the
subscription service to the Board's opinions and orders.
Name__________________________________________________Fiscal Year Ordered____________________
(FY92 available in hard copy only).
Address________________________________________________
City/State/Zip___________________________________________
Hard Copy_________________________
Hard Copy Cost per FY: $350.00
Electronic Copy______________________________
Electronic Copy Cost for FY93: $275.00
Disk Size__________________________
Please send to:
(5.25" 1.2 MB or 3.5" 1.44 MB)
Joseph D'Alessandro
Illinois Pollution Control Board
100 W. Randolph St., Ste. 11-500
Chicago, IL 60601
Environmental Register No. 460
Environmental Register No. 460
October 28, 1992/Page
October 28, 1992/Page 3
3
FOR YOUR INFORMATION
Board Member G. Tanner Girard and
Intergovernmental Affairs Attorney Phillip R. Van Ness
attended the annual conference of the Illinois
Environmental Council in Springfield on October 17.
On October 19 and 20, Board Members Ronald Flemal
and Bill Forcade attended the conference "Assessment
and Treatment of Contaminated Sediments in the North
Branch Chicago River" in Glencoe, Illinois.
BOARD INITIATES ELECTRONIC BULLETIN
BOARD (BBS) SERVICE
The Pollution Control Board is happy to announce the
beginning of its electronic BBS service. The Board's
BBS is available to any person having access to a
computer and a modem. It is a first step towards filling a
need to better communicate with the public regarding
Board operations. It will also help the public track
developments in matters before the Board.
Information on the BBS may be read on-line or may be
downloaded onto your computer for later reference.
Downloading will generally save money on your phone
bill. In addition, all current BBS files can be obtained in
hard copy form from the Board's Chicago office. At
present, the Board's BBS contains the following:
1.The latest Board meeting agenda. This will enable
anyone in the State to determine which matters are
scheduled for discussion or decision at the next
Board meeting (please note that matters scheduled
for decision may be deferred at the last moment).
Agendas are typically updated three or more times
prior to each Board meeting.
2.The latest Environmental Register. The Register
includes a current listing of Board activities, recent
decisions, scheduled hearings and new cases.
3.The latest Annual Report. This includes useful
information regarding the Board, including
operating statistics, relevant court cases, future
plans and trends.
COPIES OF ILLINOIS LANDFILL REGULATIONS AND SUPPORTING DOCUMENTS
AVAILABLE ON DISKETTE
Copies of the Illinois landfill regulations and supporting documents are available on diskette. 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, 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.
DISKETTE SET FOR NONHAZARDOUS WASTE LANDFILL REGULATIONS
Enclosed is a check in the amount of $_______ made payable to the Illinois Pollution Control Board for purchase of
______ set(s) of diskettes at $100.00 per set.
Send Order to:Size of Diskette:
Name___________________________________________________________
5.25" (1.2 MB)___________________
Address
_____________________________________________________
3.5" (1.44 MB)___________________
_____________________________________________________
Number of orders_________________
_____________________________________________________
Please send to:
Joseph D'Alessandro, Fiscal Officer
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph St., Ste 11-500
Chicago, IL 60601
Page
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4/ October 28, 1992
/ October 28, 1992
Environmental Register No. 460
Environmental Register No. 460
4.
An introduction to the workings of the Board. This
brief overview of Board functions, publications and
other data is particularly designed to acquaint the
newcomer to the operations of the Board.
The Board hopes to improve and perhaps expand the
services offered on its BBS as time and resources
permit. It seeks your help. Please take the time to log
on and experiment with the system; let us know (by
mail or through one of the BBS "Conferences") of any
problems you encounter and any improvements you
suggest. There is only one line in to the BBS, so if you
get a busy signal, call back later. The BBS is available
24 hours a day, seven days a week.
The Board's BBS can be reached by modem only at
312-814-1590. The best communications settings are 8
data bits, no parity, and 1 stop bit (i.e., 8-N-1). The
best terminal emulation is ANSI-BBS or just ANSI.
The BBS utilizes a 2400 baud modem.
PUBLIC WATER SUPPLIES RESTRICTED STATUS
AND CRITICAL REVIEW LISTS
The Illinois Environmental Protection Agency,
Division of Public Water Supplies, Permit Section, is
publishing copies of the Division's Restricted Status and
Critical Review lists in this issue of the Environmental
Register. The lists are being published here as part of the
quarterly notification to the public. The lists have been
slightly modified to reflect changes made since the
previous publication.
FINAL ACTIONS
FINAL ACTIONS - OCTOBER 16, 1992 BOARD MEETING
- OCTOBER 16, 1992 BOARD MEETING
PCB 85-140 Citizens Utilities Company v. IEPA - The Board
affirmed the Agency's imposition of a condition in Citizens'
NPDES permit limiting the concentration of ammonia nitrogen in
Citizens' effluent from its treatment plant located in Will County.
PCB 91-143 Ohio Grain Company v. IEPA - The Board
affirmed the Agency's denial of Ohio Grain's application for an air
operating permit for its facility located in Bureau County. In so
holding, the Board rejected Ohio Grain's contentions that it was
exempt from permit requirements under Section 201.146(s) and
(u) and that it had met its burden of establishing an equivalent
method of compliance under Section 212.462(b)(2).
PCB 91-201 RFK Enterprises v. IEPA - The Board granted a
joint motion to dismiss a UST fund appeal from Franklin County.
PCB 91-259 City of Rockford v. IEPA - The Board granted a
joint motion to dismiss a UST fund appeal from Winnebago
County.
PCB 92-94 Marsco Manufacturing Company v. IEPA - The
Board granted the petitioner's motion for voluntary dismissal of
an air permit appeal from a facility located in Cook County.
PCB 92-83 Harlem Township v. IEPA - The Board affirmed
the Agency's determination that Harlem Township was not
entitled to reimbursement from the UST Fund for its garage
facility located in Winnebago County reasoning that a release of
gasoline from a pump nozzle is not a release from a UST.
AC 92-3 IEPA v. Dennis Grubaugh - The Board found that
respondent violated Sections 21(p)(1) and (p)(3) of the Act on
property located in Fayette County and imposed a $1,000 fine
payable to the Environmental Protection Trust Fund.
AC 92-5 IEPA v. Ronald D. Rawe & Retha M. Rawe - The
Board found that respondents violated Section 21(p)(1) of the Act
by allowing open dumping resulting in litter on their property
located in Greene County and imposed a $500 fine payable to
the Environmental Protection Trust Fund.
AC 92-48 Sangamon County v. Delmar Donley & Don Chem,
Inc. - The Board accepted the parties' stipulation imposing a
$500 penalty for a violation of Section 21(p)(1) of the Act on
respondent's property located in Sangamon County.
Environmental Register No. 460
Environmental Register No. 460
October 28, 1992/Page
October 28, 1992/Page 5
5
NEW CASES
NEW CASES - OCTOBER 16, 1992 BOARD MEETING
- OCTOBER 16, 1992 BOARD MEETING
PCB 92-119 Yolanda Price v. South Shore Villa
Condominiums, and Quality Management Service, Inc. - No
action was taken on this noise enforcement case involving a
condominium in Cook County.
PCB 92-142 Illinois Power Company (Clinton Power Station)
v. EPA - The Board accepted an October 14, 1992 thermal
determination petition for a site in DeWitt County, which was
initially docketed as PCB 92-153, as an amendment to this
docket and closed docket PCB
92-153.
PCB 92-143 Dietzgen Corporation v. EPA - This petition for an
air variance for a Cook County site was accepted for hearing.
PCB 92-144 City of Highland v. EPA - This petition for a public
water supply variance for a Madison County site was held for an
Agency recommendation.
PCB 92-145 Thomas J. Konkel v. City of Crest Hill - This
citizen's water complaint for a Will County site was held for a
duplicitous and frivolous determination.
PCB 92-146 People of the State of Illinois v. Greyhound Lines,
Inc. - The Board directed its Clerk to cause publication of the
stipulated settlement in this land complaint involving a site in
Cook County.
PCB 92-147 People of the State of Illinois v. F & B
Manufacturing Company - The Board directed its Clerk to cause
publication of the stipulated settlement in this land complaint
involving a site in Lake County.
PCB 92-148 People of the State of Illinois v. Leaf
Confectionary, Inc. - The Board directed its Clerk to cause
publication of the stipulated settlement in this air complaint
involving a site in Cook County.
PCB 92-149 People of the State of Illinois v. Oak Valley Wood
Products, Inc. - This air pollution enforcement matter involving a
Richland County site was accepted for hearing.
PCB 92-150 Ball Corporation, Ball Metal Decorating & Service
Division v. EPA - This air permit appeal for a Cook County site
was consolidated with PCB 91-175 and PCB 91-258 and
accepted for hearing.
PCB 92-151 Super America Group, Inc. (Super America) v.
EPA - This underground storage tank reimbursement appeal was
dismissed as being unripe for review.
PCB 92-152 State Bank of Whittington v. EPA - This
underground storage tank reimbursement appeal for a Franklin
County site was accepted for hearing.
PCB 92-153 Illinois Power Company (Clinton Power Station)
v.EPA - see PCB 92-142 above.
R92-20 Amendments to 35 Ill. Adm. Code 615 and 616
(Groundwater), Exceptions for Pesticide and Fertilizer Facilities
see Final Actions above.
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.
November 4
10:00 a.m.
PCB 92-78
A-V
Amoco Chemical Company, Amoco Petroleum Additives Company (Wood River Facility) v.
EPA - Alton City Hall, City Council Chambers, 101 E. Third St., Alton.
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 5
10:30 a.m.
PCB 92-132
L-S-R
LeRoy Brown & Sons, Inc. v. County Board of McDonough County, Illinois - McDonough
County Courthouse Courtroom, Macomb.
November 6
10:00 a.m.
PCB 92-118
UST-FRD
Ideal Heating Company v. EPA - Hinsdale Civic Room, 121 Symonds Dr., Hinsdale.
November 6
11:00 a.m.
PCB 92-132
L-S-R
LeRoy Brown & Sons, Inc. v. County Board of McDonough County, Illinois - McDonough
County Courthouse Courtroom, Macomb.
November 10
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.
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/ October 28, 1992
Environmental Register No. 460
Environmental Register No. 460
November 12
10:00 a.m.
AC 92-26
AC
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.
PCB 92-80
L-E
Lake County Forest Preserve District v. Neil Ostro; Janet Ostro; and Big Foot Enterprises -
County Building, Room 1002, 18 N. County Rd., Waukegan.
November 12
10:00 a.m.
PCB 92-134
L-V
Lone Star Industries, Inc. v. EPA - Illinois Valley Community College, Room F102, Ivy Lane,
Oglesby.
November 13
10:00 a.m.
PCB 92-134
L-V
Lone Star Industries, Inc. v. EPA - Illinois Valley Community College, Room F102, Ivy Lane,
Oglesby.
November 19
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
November 24
10:00 a.m.
PCB 92-136
P-A
Safety-Kleen Corporation (Schaumburg Facility) v. EPA - State of Illinois Center, Suite 11-
500, 100 W. Randolph St., Chicago.
November 30
10:00 a.m.
PCB 92-122
UST-FRD
F & R Enterprises Inc. v. EPA - State of Illinois Center, Suite 11-500, 100 W. Randolph St.,
Chicago.
December 1
9:00 a.m.
PCB 92-122
UST-FRD
F & R Enterprises Inc. v. EPA - State of Illinois Center, Suite 11-500, 100 W. Randolph St.,
Chicago.
December 2
10:00 a.m.
PCB 92-69
10:00 a.m.
People of the State of Illinois v. Patterson Gear & Machine, Inc. - Rockford State of Illinois
Building, 200 S. Wyman, Third Floor Conference Room, Rockford.
December 3
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
December 4
9:30 a.m.
R90-1(C)
Toxic Air Contaminants List (35 Ill. Adm. Code Part 232); Reporting Requirements for
Emission Sources - State of Illinois Center, Room 9-040, 100 W. Randolph St., Chicago.
December 4
10:00 a.m.
AS 91-11
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 East St. Louis
Public Water Supply Facility - Belleville City Hall, Council Chambers, 10 S. Illinois Street,
Belleville.
December 4
10:00 a.m.
PCB 92-104
UST-FRD
Roger Malkey, d/b/a Malkey's Mufflers, v. EPA - National Bank of Earlville, 137 S. Main St.,
Earlville.
December 8
10:00 a.m.
PCB 91-262
UST-FRD
The Pumper, Inc. v. EPA - Hinsdale Public Library, Lower Level Conference Room, 20 E.
Maple Street, Hinsdale.
December 8
10:30 a.m.
R 92-20
R
In the Matter of: Amendments to 35 Ill. Adm. Code 615 and 616 (Groundwater), Exceptions
for Pesticide and Fertilizer Facilities - Bloomington City Hall, City Counsel Chambers, 109 W.
Olive St., Bloomington.
December 9
9:30 a.m.
AS 92-7
AS
In the Matter of: Petition of Illinois Power Company (Vermilion Power Station) for Adjusted
Standards from 35 Ill. Adm. Code 302.208(e) - Danville City Hall Council Chambers, 204 N.
Hazel St., Danville.
December 10
10:30 a.m.
R 92-20
R
In the Matter of: Amendments to 35 Ill. Adm. Code 615 and 616 (Groundwater), Exceptions
for Pesticide and Fertilizer Facilities - DeKalb Municipal Building, Council Chambers, 20 S. 4th
St., DeKalb.
December 11
10:00 a.m.
AS 91-12
AS
In the Matter of: Petition 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 Street,
Cairo.
Environmental Register No. 460
Environmental Register No. 460
October 28, 1992/Page
October 28, 1992/Page 7
7
December 15
10:00 a.m.
PCB 92-70
L-E
People of the State of Illinois v. Union Carbide Industrial Gases, Inc. - State of Illinois Center,
Suite 11-500, 100 W. Randolph St., Chicago.
December 16
9:00 a.m.
PCB 92-33
UST-E
Erich J. Mandel v. Thaddeus G. Kulpaka - State of Illinois Center, Suite 11-500, 100 W.
Randolph St., Chicago.
December 17
10:00 a.m.
AC 91-032
AC
County of Ogle v. Rochelle Disposal Services, Inc. (Rochelle Municipal #2 Landfill) - Ogle
County Courthouse, State's Attorney's Conference Room, 4th and Washington Streets,
Oregon.
December 17
Pollution Control Board Meeting, State of Illinois Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
January 21
10:00 a.m.
PCB 91-157
L-E
People of the State of Illinois v. The Grigoleit Company - Decatur Civic Center, Second Floor
Conference Room, 1 Civic Center Plaza, Decatur.
January 22
10:00 a.m.
PCB 91-157
L-E
People of the State of Illinois v. The Grigoleit Company - Decatur Civic Center, Second Floor
Conference Room, 1 Civic Center Plaza, Decatur.
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8/ October 28, 1992
/ October 28, 1992
Environmental Register No. 460
Environmental Register No. 460
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
CORRECTION
The September 30, 1992 and October 15, 1992 issues were numbered Issue no. 457 and Issue no. 458,
respectively. Those issues should have appeared as Issue no. 458, on September 30, 1992, and Issue no. 459, on
October 15, 1992.
Environmental Register No. 460
Environmental Register No. 460
October 28, 1992/Page
October 28, 1992/Page 9
9
Printed by Authority of the State of Illinois, October 28, 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
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.