Printed on Recycled Paper
E
E
NVIRONMENTAL
NVIRONMENTAL
R
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EGISTER
EGISTER
Illinois Pollution Control Board News
Illinois Pollution Control Board News
No. 470 May 19, 1993
No. 470 May 19, 1993
GOVERNOR APPOINTS CLAIRE MANNING
GOVERNOR APPOINTS CLAIRE MANNING
AS BOARD CHAIRMAN;
AS BOARD CHAIRMAN;
JOHN
JOHN MARLIN MOVES TO HWRIC;
MARLIN MOVES TO HWRIC;
BILL FORCADE REAPPOINTED TO BOARD
BILL FORCADE REAPPOINTED TO BOARD
On April 26, 1993, Governor Edgar appointed Claire A. Manning of Williamsville, to succeed Dr. John C. Marlin as
Chairman of the Board, effective May 1, 1993.
Chairman Manning is an attorney specializing in administrative law. Upon her graduation from Loyola University of
Chicago School of Law in 1979, she became a labor relations counsel for the state and represented the various executive
departments under the Governor's jurisdiction. In 1984 when the Illinois Public Labor Relations Act became effective,
she was appointed to membership on the original State Labor Relations Board which was charged with overseeing and
implementing that law. She served three gubernatorial terms on the State Labor Board and earned a reputation for
fairness, integrity and practical efficiency from the various special interest groups and law firms which practiced before
it. Chairman Manning will establish a Pollution Control Board office in Springfield near the capitol complex.
Dr. Marlin has been appointed to the Hazardous Waste Research and Information Center in Champaign, where he will
develop pollution prevention programs. An entomologist and environmental activist, Dr. Marlin was appointed to the
Board in 1983, and served as Chairman since 1988. Governor Edgar praised Dr. Marlin's service at the Board and
stated, "John Marlin has served this administration and the interests of the environmental community well for more than
four years as Chairman of the Pollution Control Board."
During Dr. Marlin's tenure, the Board wrote regulations covering solid waste, medical wastes, groundwater pollution,
pesticides, scrap tires and diesel exhaust. Notable improvements were made in Board operations, including reduced
hearing requirements, procedural efficiencies, and computerized data management.
Governor Edgar also announced that Bill Forcade was reappointed to the Board. Mr. Forcade is a former General
Counsel for Citizens for a Better Environment and was formerly a research chemist with Witco Chemical Company.
The Board and staff welcome Chairman Manning to her new duties and congratulate Bill Forcade on his
reappointment. The Board and staff thank Dr. Marlin for his collegiality and leadership, and wish him continued success
in his new endeavors.
RULEMAKING UPDATE
RULEMAKING UPDATE
BOARD DISMISSES AIRPORT NOISE PROCEEDING, R77-4
At it meeting of April 22, 1993, the Board dismissed R77-4,
In
the Matter of: Public Airport Noise Regulations, 35 Ill. Adm.
Code 904
. This was the oldest pending proceeding before the
Board.
In February, 1977, then-Attorney General William Scott
initiated the proceeding by filing a petition before the Board. The
Board had amassed a record of 45 transcripts of public hearings,
265 exhibits, and a 4-volume economic impact study when it
proposed regulations in 1986. On April 10, 1986, the Board
proposed rules that would have phased in a 65 Ldn noise
standard for emissions to most residential lands over seven
years. The proposed rules also provided a variance procedure
for airports that could not meet the standards. Three additional
public hearings occurred in September and October of 1986, and
the Board received hundreds of public comments on the
proposed
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.
The Board also maintains an electronic Bulletin Board System (BBS) at 312-814-1590. There is no charge
for access to the BBS. See the inside of this page for details.
Page
Page 2
2/ February 24, 1993
/ February 24, 1993
Environmental Register No. 470
Environmental Register No. 470
rules.
AIRPORT NOISE
continued on page 3
ENVIRONMENTAL INFORMATION SERVICES
AVAILABLE FROM THE BOARD
The Board has the following information available:
POLLUTION CONTROL BOARD ELECTRONIC BULLETIN BOARD SYSTEM (BBS).
The Pollution Control Board operates an
electronic BBS at 312-814-1590. The BBS is available 24 hours a day, 7 days a week, to anyone with access to a computer and
a modem - there is no charge for access to the BBS. The best communications settings are 8 data bits (or data length 8), no
parity (or parity = none) and 1 stop bit, i.e., 8-N-1. The best terminal emulation is ANSI-BBS or just ANSI. The BBS contains
Board Agendas, Environmental Registers, Annual Reports, and various documents about the Board. You may download these
documents to your computer. For additional information contact Bill Forcade at the Board Offices 312-814-3620.
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. 470
Environmental Register No. 470
May 19, 1993/Page
May 19, 1993/Page 3
3
AIRPORT NOISE
continued from page 2
The Board reluctantly dismissed this proceeding, stating that it
believed that case law holds that the state has some remaining
authority to regulate airport noise emissions. Nevertheless, the
Board determined that dismissal was appropriate. First, the
record before it was too old and stale to proceed further. The
Board cited the examples of the lack of any mention of a third
regional airport anywhere in the record and the lack of any
results of "noise footprint" mapping of O'Hare or other airports
performed pursuant to 14 CFR 150. Second, the Board noted
that it and the Agency lacked the resources to fully pursue the
noise problems adequately. Finally, the Board cited the need for
uniform statewide zoning and land-use planning near airports as
illustrating the fact that it lacks the authority to unilaterally
remedy the problem. Only action by the General Assembly could
remedy these major aspects of the airport noise problem. In
dismissing the proceeding, the Board stated that "leadership in
this matter must come from the collective wisdom of state and
local officials, as well as the federal regulatory agencies." The
Board concluded that it awaits direction as to the role it can play
in improving the situation with regard to airport noise. Direct
questions to Kathleen M. Crowley, at 312-814-6929. (Please
refer to docket R77-4.)
LANDFILL AMENDMENTS PROPOSED FOR SECOND
NOTICE IN RESPONSE TO REMAND, R92-19
On April 22, 1993, the Board proposed amendments to the
landfill rules for Second Notice. The Board initiated this
proceeding in response to a remand by the First District Court of
Appeals in Waste Management of Illinois, Inc. v. PCB (1st Dist.
1992), 231 Ill. App. 3d 278, 595 N.E.2d 1171 (
see Environmental
Register
nos. 455 & 459 (July 8 & Oct. 15, 1992). The court had
upheld the majority of the landfill regulations, but held two
provisions invalid. One was a provision that required monitoring
for a list of toxic air contaminants that did not then yet exist. The
other was a provision that stated that any Agency action was not
final for the purposes of filing a permit appeal before the Board if
the applicant had filed a motion for Agency reconsideration. The
proposed rulemaking would delete these two provisions. Direct
questions to Deborah Stonich, at 312-814-6926. (Please refer to
docket R92-19.)
NEW SOURCE REVIEW RULES ADOPTED, R92-21
On April 22, 1993, the Board adopted regulations pertaining to
permitting for the construction and operation of major new or
modified stationary air pollution sources in Illinois. They govern
the permitting process in nonattainment areas of the state (the
Chicago metropolitan and the metropolitan East St. Louis areas).
The new rules are the first segment of Illinois' ultimate
submittal of a complete State Implementation Plan (SIP) to the
U.S. Environmental Protection Agency. Pursuant to Section
182(a) of the Clean Air Act, as amended in 1990, Illinois was to
have adopted and submit its plan by November 15, 1992. The
Agency filed its rulemaking proposal on November 13 pursuant to
Section 28.5, the Board proposed the rules for First Notice on
November 19, and the proposal appeared in the
Illinois Register
on December 11, 1992.
See Environmental Register
, issue 461
(Dec. 2, 1992). On March 11, 1993, the Board proposed the
rules for Second Notice.
See Environmental Register
, issue 467
(Mar. 24, 1993).
Thus, the Board concluded this "fast track" rulemaking within
158 days of receiving the Agency proposal. Direct questions to
Marie E. Tipsord, at 312-814-4925. (Please refer to docket R92-
21.)
DEADLINE EXTENDED FOR RCRA UPDATE,
R93-4
On April 22, 1993, the Board entered an order that extended
the deadline in Resource Conservation and Recovery Act update
docket R93-4. At present, this docket includes the federal
amendments adopted by USEPA during the period from July 1
through December 31, 1992. The Board found that an extension
of time was necessary because the underlying federal
regulations contained some unusual complexities that required
federal clarifications and because certain overlaps caused a
delay in the completion of the prior docket, R92-10. The Board
estimated that it will adopt rules based on the federal
amendments on or about October 7, 1993. Direct questions to
Anne Manley, at 312-814-3473. (Please refer to docket R93-4.)
BOARD ADOPTS SDWA UPDATE INCLUDING LEAD AND
COPPER AND PHASE IIB RULES, R92-3
On May 5, 1993, the Board adopted the latest SDWA update.
This rulemaking, R92-3, includes federal amendments during the
period from June 1 through December 31, 1991. This includes
the federal Phase IIB amendments, which add maximum
contaminant levels (MCLs) for barium, aldicarb, aldicarb sulfone,
aldicarb sulfoxide, and pentachlorophenol, and the federal lead
and copper rules. The Board had proposed the rules on
February 4, 1993.
See Environmental Register
issue 465 (Feb.
24, 1993).
The MCLs for the three aldicarbs are the subject of a federal
administrative stay, although the monitoring requirements for
these contaminants are not. The Board also stayed the
effectiveness of those three MCLs until further rulemaking action.
The lead and copper amendments constitute a new program for
regulating lead and copper in drinking water. They immediately
impose an obligation for water suppliers to select a pool of
consumer taps for monitoring and require the suppliers to obtain
samples for testing. If a sufficient number of taps contain lead or
copper above a certain level, the rules could then require the
suppliers to engage in various remedial actions, including public
education, corrosion control treatment, source water treatment,
and removal of lead service lines.
Address questions to Michael J. McCambridge, at 312-814-
6924. (Please refer to docket R92-3.)
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4/ February 24, 1993
/ February 24, 1993
Environmental Register No. 470
Environmental Register No. 470
SDWA UPDATE PROPOSED, INCLUDING FEDERAL PHASE
V RULES, R93-1
On May 5, 1993, the Board proposed a SDWA update that
includes federal amendments made from July 1 through
December 31, 1992. The result of these proposed amendments
will be to add MCLs and monitoring and notice requirements for
five inorganic chemical contaminants (antimony, beryllium,
cyanide, nickel, and thallium), three volatile organic chemical
contaminants (dichloromethane, 1,2,4-trichlorobenzene, and
1,1,2-trichloroethane), and 18 synthetic organic chemical
contaminants (benzo[a]pyrene, dalapon, di(2-ethylhexyl)adipate,
di(2-ethylhexyl)phthalate, dinoseb, diquat, endothall, endrin,
glyphosate, hexachlorobenzene, hexachlorocyclopentadiene,
oxamyl, picloram, simazine, and 2,3,7,8-TCDD (dioxin)). As part
of this rulemaking, the Board proposes repealing certain older
provisions that will apparently apply to no drinking water
suppliers in Illinois after June 29, 1993. Also included are a
number of minor housekeeping amendments and modifications
to laboratory analytical methods.
The Board will accept public comments on the proposal for 45
days after a Notice of Proposed Amendments appears in the
Illinois Register
. Address questions to Michael J. McCambridge,
at 312-814-6924. (Please refer to docket R93-1.)
BOARD SOLICITS PUBLIC COMMENTS ON AGENCY
REQUEST FOR EMERGENCY RULE TO DELAY DEADLINE
FOR STAGE II VAPOR RECOVERY IN METRO-EAST AREA,
R93-12
On May 3, 1993, the Agency filed a motion for emergency
rulemaking. The Agency petitioned the Board to adopt an
emergency rule that would extend for 150 days the May 1, 1993
compliance deadline for implementation of Stage II vapor
recovery systems in the Metro-East area, a moderate ozone
nonattainment area consisting of Madison, Monroe and St. Clair
counties. The Agency sought to amend 35 Ill. Adm. Code
219.586(d) so that gasoline dispensing facilities located in the
Metro-East area which commenced construction after November
1, 1990 have an extension of time until September 28, 1993 in
which to install vapor collection and control equipment. The
Agency concluded its motion by stating that it "offers whatever
support for the emergency rule that the Board may require".
For various reasons, the Board determined that it could not
rule on the motion during the May 5, 1993 meeting. The Board
instead solicited additional information and comments from the
Agency, the Attorney General, the United States Environmental
Protection Agency (USEPA), and other interested persons. The
Board will consider any information and comments received on or
before May 17, 1993. The Board anticipated ruling on this
motion at its May 20, 1993 meeting. For additional information
contact Michelle C. Dresdow, at (815) 753-0947. (Please refer to
docket R93-12.)
APPELLATE UPDATE
THE AGENCY MUST FOLLOW THE BOARD'S
REMAND MANDATES IN PERMIT APPEALS; THE
BOARD IS DIRECTED TO ASSESS ATTORNEYS'
FEES AGAINST THE AGENCY; A MOTION FOR
REHEARING IS NOT NECESSARY TO PERFECT
APPEAL FROM A BOARD ORDER
In a May 6, 1993 opinion, the Fifth District Appellate
Court reversed in part and affirmed in part the Board's
order of December 6, 1991 in
Grigoleit Co. v. IEPA
,
PCB 89-184. The appellate court first determined that it
had jurisdiction and that the Grigoleit Company did not
need to file for reconsideration before filing an appeal
before the court. The court affirmed all aspects of the
Board's order that the Agency must issue a permit,
except to the extent the Board denied an award of
attorneys' fees against the Agency.
In this air permit appeal, the Agency had denied the
Grigoleit Company's request for renewal of an operating
permit, citing three reasons. By an order dated
November 29, 1990, the Board determined that two of
the reasons were not proper and remanded the case to the
Agency for further consideration of the third reason for
denial. The Agency did not appeal the Board's order.
On remand, the Agency requested additional
information. Grigoleit responded by submitting the
requested information within the scope of the Board's
remand, but it declined to submit other information. The
Agency again denied the permit renewal, and Grigoleit
appealed to the Board.
On June 20, 1990, the Board reversed the Agency
again and remanded to the Agency "for the sole purpose
of eliciting the information" on the remanded ground.
The Agency again did not appeal the Board's order, but
requested information from Grigoleit that was outside the
scope of the remand. Subsequently the Agency denied
the permit for reasons within the scope of the remand and
for additional reasons never before asserted.
Grigoleit filed a motion for sanctions against the
Agency for not complying with the Board's mandates and
for causing unnecessary delay and expense. On
December 6, 1993, the Board granted the motion for
sanctions by directing the Agency to issue the permit.
Grigoleit appealed the Board's denial of attorneys' fees.
On appeal to the Fourth District, the Agency asserted
that the court lacked jurisdiction because Grigoleit did
not file for reconsideration by the Board before filing an
appeal. The court noted that its prior decisions regarding
the decisions of other administrative agencies had stated
that a motion for reconsideration was not necessary to
render the agency's decision final for the purposes of
appeal. The court distinguished the case of
Castenada v.
Illinois Human Rights Commission
(1989), 132 Ill. 2d
304, 547 N.E.2d 437, as involving motions for
reconsideration of the decision of a three-member panel
Environmental Register No. 470
Environmental Register No. 470
May 19, 1993/Page
May 19, 1993/Page 5
5
before the whole of the Commission. Citing
In re Strube
v. PCB
(3d Dist. Mar. 15, 1993) (
see Environmental
Register
issue 468 (Apr. 7, 1993)), the court determined
that
Castenada
had no binding effect with respect to
decisions of the Board, which are made by the Board as a
whole.
The court described as unsupported in law and as
"untenable" the position maintained by the Agency that
the "duties placed upon it [by Section 39 of the Act] and
the discretion it has in conditioning permits [citation
omitted] remain after its decision in regard to a permit
application has been reversed by the Board and the cause
remanded to it with directions to issue the requested
permit." The Fourth District disagreed and stated that
the Agency lacks the discretion to do anything but follow
the Board's mandate on appeal if it chooses not to appeal
the Board's order.
Finally, the court reversed the Board solely on the
issue of sanctions. The court held that the Board had
properly denied the request for dismissal of a separate
enforcement action filed by the Agency against Grigoleit.
The court stated:
While we recognize the great discretion granted the
Board in ruling upon sanctions, we are compelled to
conclude that granting Grigoleit a renewal permit
which it was apparently entitled to anyway, was, as a
matter of law, an insufficient sanction for the
Agency's unnecessary stubborn defiance of the
Board.
The court remanded the case to the Board for the
determination and imposition of the fees. Judge Cook
concurred, and Presiding Judge Steigmann concurred
specially in a separate opinion.
FOR YOUR INFORMATION
BOARD MEMBER SPEAKS AT CONFERENCES
Board Member Joan G. Anderson spoke at the annual
conference of the Illinois Association of Water Pollution
Control Operators on April 21, 1993. She summarized
the Board's present regulatory and contested case
activities, and gave her perspective as to what
environmental activities may be expected in the near
future. Board Member Anderson also attended a
weekend conference on May 1 and 2, 1993 entitled
"Cooperative Protection of Groundwater in the Great
Lakes Basin Region"; it was funded by the W.K. Kellogg
Foundation.
BOARD MEMBER AND STAFF PARTICIPATE IN
ISBA SEMINAR
One Board member and various members of the
Board's present and past Board attorney staff participated
in an Illinois State Bar Association seminar on May 12,
1993. The seminar entitled "Practice Before the Illinois
Pollution Control Board" was coordinated by the Board
as part of a specisl out-reach to downstate practitioners.
Board member Ronald C. Flemal moderated. Present
Board attorneys Kathleen M. Crowley, Michelle C.
Dresdow, Elizabeth Schroer Harvey, Deborah L. Frank,
Marie E. Tipsord, and Phillip R. Van Ness, and former
Board attorneys Michael J. Maher, presently of
McKenna, Storer, Rowe, White & Farrug, Chicago, and
Mark P. Miller, presently of Tock & Miller, P.C.,
Champaign presented talks on various aspects of
environmental law and practice before the Board. The
program was held in Springfield.
RESTRICTED STATUS AND CRITICAL REVIEW
LISTS FOR SEWAGE TREATMENT IN THIS ISSUE
The Illinois Environmental Protection Agency,
Division of Water Pollution Control, is publishing copies
of the Division's Restricted Status and Critical Review
lists at the end of this issue of the Environmental
Register. These lists reflect the status as of March 31,
1993.
FINAL ACTIONS
FINAL ACTIONS - April 22, 1993 BOARD MEETING
- April 22, 1993 BOARD MEETING
91-52
Atwood Industries v. EPA - The Board granted
Petitioner's motion to dismiss this RCRA permit
appeal involving a Jo Daviess County facility.
92-15
Mercantile Bank of St. Louis, N.A., Personal
Representative of the Estate of Ann Gudder v.
EPA - The Board granted a joint stipulation and
ordered the Agency to reimburse the petitioner
$6,500.00 for corrective action costs in this
underground storage tank reimbursement
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Page 6
6/ February 24, 1993
/ February 24, 1993
Environmental Register No. 470
Environmental Register No. 470
determination appeal involving a Williamson
County facility.
92-86
Mercantile Bank of St. Louis, N.A., Personal
Representative of the Estate of Ullus Gudder v.
EPA - The Board granted a joint stipulation and
ordered the Agency to reimburse the petitioner
$27,718.00 for corrective action costs in this
underground storage tank reimbursement
determination appeal involving a Effingham
County facility.
92-124
Mercantile Bank of St. Louis, N.A., Personal
Representative of the Estate of Ullus Gudder v.
EPA - The Board granted a joint stipulation and
dismissed this underground storage tank
reimbursement determination appeal involving a
St. Clair County facility.
92-125
Mercantile Bank of St. Louis, N.A., Personal
Representative of the Estate of Ann Gudder v.
EPA - The Board granted a joint stipulation and
dismissed this underground storage tank
reimbursement determination appeal involving a
Vermilion County facility.
92-155
Continental White Cap, Inc. v. EPA - The Board
granted the petitioner a variance for its Cook
County facility from various of the air pollution
control regulations.
92-202
Veach Oil Company and Lake of Egypt Water
District v. EPA - The Board denied the petitioner a
variance for its Williamson County facility from the
restricted status provisions of the public water
supply regulations.
93-4
Olin Corporation - The Board granted the joint
motion to dismiss this RCRA permit appeal
involving a Williamson County facility.
93-41
Village of Bellwood v. EPA - The Board granted
the Cook County petitioner a variance from the
restricted status provisions of the public water
supplies regulations.
93-42
People of the State of Illinois v. Robert Y. Jordan
and Priscilla W. Jordan - The Board accepted a
stipulation and settlement agreement, imposed a
fine of $6,000.00, and ordered the respondent to
cease and desist from all further violations in this
RCRA enforcement action involving a Cook
County facility.
93-48
People of the State of Illinois v. Northwestern
Steel & Wire Company - The Board accepted the
stipulation and settlement agreement, imposed a
penalty $30,000.00, and ordered the respondent
to cease and desist from further violations in this
water pollution enforcement action involving a
Whiteside County facility.
93-50
People of the State of Illinois v. Tri-State Metal
Company - The Board accepted the stipulation
and settlement agreement, imposed a penalty
$10,000.00, and ordered the respondent to cease
and desist from further violations in this air
enforcement action involving a Cook County
facility.
93-69
LeeWards Creative Crafts, Inc. (Elgin Facility) v.
EPA - The Board dismissed as not yet ripe for
review this underground storage tank
reimbursement determination appeal involving a
Kane County facility.
AC 92-62
EPA v. Bill Hammond - The Board fond that the
respondent had violated Sections 21(p)(1) and
21(p)(3) at his Fulton County land and imposed a
penalty of $1,000.00.
R77-4
In the Matter of: Public Airport Noise Regulations,
35 Ill. Adm. Code Part 904 - See
Rulemaking
Update
.
R92-21
In the Matter of: Amendments to the New Source
Review Rules 35 Ill. Adm. Code 203, Adopted
Rule, Final Order, Opinion and Order - See
Rulemaking Update
.
NEW CASES
NEW CASES - April 22, 1993 BOARD MEET
- April 22, 1993 BOARD MEETING
ING
93-65
Albert Warner v. Warner Brothers Trucking and
Urbana-Champaign Sanitary District - The Board
set this citizens' land enforcement action involving
a Champaign County facility for hearing.
93-69
Leewards Creative Crafts, Inc. (Elgin Facility) v.
EPA - See
Final Actions
93-70
Joliet Park District v. EPA - The Board accepted
this underground storage tank reimbursement
Environmental Register No. 470
Environmental Register No. 470
May 19, 1993/Page
May 19, 1993/Page 7
7
determination appeal involving a Will County
facility for hearing.
93-71
Indian Refining Company v. EPA - The Board
accepted this RCRA permit appeal involving a
Lawrence County facility for hearing.
93-72
Atlanta Meadows, Ltd. and R.O.C. Properties,
Inc., General Partner v. EPA - The Board that the
petitioner submit additional information in this
water pollution control variance proceeding
involving a Rock Island County facility.
93-73
J & M Plating, Inc. v. EPA - The Board accepted
this RCRA permit appeal involving a Winnebago
County facility for hearing.
93-74
M.S. Carver Lumber Company v. EPA - The
Board accepted this underground storage tank
reimbursement determination appeal involving a
Peoria County facility for hearing.
93-75
Joseph Gutesha and Mildred Samardzija v.
Johnson Concrete Company and Elmer Larson,
Inc. - The Board held this citizens' air enforcement
action involving a Champaign County facility for a
duplicitous or frivolous determination.
93-76
Nicor National Illinois, Inc. v. EPA - The Board
accepted this RCRA permit appeal involving a
Madison County facility for hearing.
FINAL ACTIONS
FINAL ACTIONS - May 5, 1993 BOARD MEETING
- May 5, 1993 BOARD MEETING
89-171
Pekin Energy Company v. EPA - The Board
granted voluntary dismissal of this water pollution
control permit appeal involving a Peoria County
and Tazewell County facility.
92-126
Safety-Kleen Corporation v. EPA - The Board
granted voluntary dismissal of this RCRA permit
appeal involving a Cook County facility.
92-197
E & D Trucking v. EPA - The Board granted
voluntary dismissal of this underground storage
tank reimbursement determination appeal
involving a Rock Island County facility.
93-8
Princeton/Beck Oil Company v. EPA - The Board
affirmed the Agency's determination that
$1,780.00 was not reimbursable and remanded
this underground storage tank reimbursement
determination appeal involving a Bureau County
facility to the Agency for disbursement of
$8,015.00.
93-81
Scott Air Force Base v. EPA - Upon receipt of an
Agency recommendation, the Board granted the
petitioner a 30-day extension to the 90-day limit
on accumulation of hazardous waste at its St.
Clair County facility.
93-82
Vulcan Materials Company (Joliet Quarry #340) v.
EPA - Upon receipt of an Agency
recommendation, the Board granted the petitioner
a provisional variance for its Will County facility
from certain of the water pollution control
regulations.
R92-3
In the Matter of: Safe Drinking Water Act Update,
Phase IIB and Lead and Copper Rules (June 1,
1991 through December 31, 1991), Adopted Rule,
Final Order, Opinion and Order -
See Regulatory
Update.
R93-1
In the Matter of: Safe Drinking Water Act Update,
Phase V Rules (July 1, 1992 through December
31, 1992), Proposal for Public Comment,
Proposed Opinion and Order -
See Regulatory
Update.
NEW CASES
NEW CASES - May 5, 1993 BOARD MEET
- May 5, 1993 BOARD MEETING
ING
93-72
Atlanta Meadows, Ltd. and R.O.C. Properties,
Inc., General Partner v. EPA - The Board ordered
the petitioner to submit additional information in its
water pollution control variance petition involving a
Rock Island County facility.
93-75
Joseph Gutesha and Mildred Samardzija v.
Johnson Concrete Company and Elmer Larson,
Inc. - The Board held this citizens' air enforcement
action involving a Champaign County facility for a
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8/ February 24, 1993
/ February 24, 1993
Environmental Register No. 470
Environmental Register No. 470
frivolous and duplicitous determination.
93-77
Highland Park School District #108 v. EPA - The
Board set this underground storage tank
reimbursement determination appeal involving a
Lake County facility for hearing.
93-78
Gauger Motor Sales & Service v. EPA - The Board
set this underground storage tank reimbursement
determination appeal involving a Tazewell County
facility for hearing.
93-79
Pace Suburban Bus Division of RTA (Harvey) v.
EPA - The Board set this
underground storage tank reimbursement
determination appeal involving a Cook County
facility for hearing.
93-80
Indian Prairie Community Unit School District
#204 v. EPA - The Board set this underground
storage tank reimbursement determination appeal
involving a DuPage County facility for hearing.
93-81
Scott Air Force Base v. EPA -
See Final Actions.
93-82
Vulcan Materials Company (Joliet Quarry #340) v.
EPA -
See Final Actions.
R93-12
In the Matter of: Emergency Rule Amending the
Stage II Gasoline Vapor Recovery Rule in the
Metro-East Area, 35 Ill. Adm. Code 219.586(d) -
See Rulemaking Update.
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.
May 20
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
Environmental Register No. 470
Environmental Register No. 470
May 19, 1993/Page
May 19, 1993/Page 9
9
May 20
10:00 a.m.
PCB 92-172
A-V
Olin Corporation (Winchester Division) v. EPA - Alton City Council Chambers, Room 104, 101
E. 3rd St., Alton.
May 21
1:30 p.m.
PCB 93-57
UST-E
People of the State of Illinois v. Ayers Oil Co. - County of Sangamon Municipal Building, 7th
and Monroe Streets, Springfield.
May 25
9:30 a.m.
R93-11
R, Air
In the Matter of: Smaller Source Permit Rules: Amendments to 35 Ill. Adm. Code Part 201,
James R. Thompson Center, Room 9-031, 100 W. Randolph St., Chicago.
May 26
11:00 a.m.
R93-11
R, Air
In the Matter of: Smaller Source Permit Rules: Amendments to 35 Ill. Adm. Code Part 201,
DeKalb Municipal Building, 200 S. 4th St., DeKalb.
June 1
1:00 p.m.
PCB 93-59
UST-E
People of the State of Illinois v. Freedom Oil Company - Municipal Building, Room 203,
Seventh and Monroe Streets, Springfield.
June 3
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
June 4
10:00 a.m.
R93-9
R, Air
In the Matter of: Omnibus Cleanup of the Volatile Organic Material RACT Rules Applicable to
Ozone Nonattainment Areas: Amendments to 35 Ill. Adm. Code Parts 203, 211, 218, and 219
- James R. Thompson Center, Room 9-040, 100 W. Randolph, Chicago.
June 9
11:00 a.m.
PCB 93-70
UST-FRD
Joliet Park District v. EPA - Joliet City Hall, East Wing, 150 West Jefferson Street, Joliet.
June 10
2:30 p.m.
PCB 92-215
N-E
Douglas Locke and Nancy Locke v. Biltmore Country Club - Law Office of Arthur Wulf, 100
North LaSalle Street, Suite 1710, Chicago.
June 10
10:00 a.m.
PCB 93-1
P-A
Pekin Metro Landfill v. EPA - Pekin City Hall, Council Chambers, 400 Margaret Street, Pekin.
June 10
2:00 p.m.
PCB 93-10
P-A
Pekin Metro Landfill v. EPA - Pekin City Hall, Council Chambers, 400 Margaret Street, Pekin.
June 11
10:00 a.m.
PCB 92-212
P-A
Pekin Metro Landfill v. EPA - Pekin City Hall, Council Chambers, 400 Margaret Street, Pekin.
June 14
10:00 a.m.
PCB 93-15
N-E
Dorothy Furlan and Michael Furlan v. University of Illinois School of Medicine - Rockford
Public Library, Conference Room A, 215 North Wyman, Rockford.
June 14
10:00 a.m.
PCB 93-66
UST-FRD
Illico Independent Oil Company (Salem Facility) v. EPA - Public Service Building, 200 East
Schwartz Street, Salem.
Page
Page 10
10/ February 24, 1993
/ February 24, 1993
Environmental Register No. 470
Environmental Register No. 470
June 15
1:00 p.m.
PCB 93-56
UST-E
People of the State of Illinois v. World Color Press, Inc. - Sangamon County Court Complex,
Board Chambers, Room 201, 200 South 9th Street, Springfield.
June 16
9:30 a.m.
PCB 92-72
UST-FRD
Adams Electrical Cooperative v. EPA - Quincy City Hall, Council Chambers, 730 Main Street,
Quincy.
June 17
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago.
June 17
10:00 a.m.
PCB 93-60
P-A, Land
Industrial Salvage, Inc. and John Prior v. EPA (Consolidated with PCB 93-61) - Centralia City
Hall, 222 South Poplar, Centralia.
June 18
10:00 a.m.
PCB 93-60
P-A, Land
Industrial Salvage, Inc. and John Prior v. EPA (Consolidated with PCB 93-61) - Centralia City
Hall, 222 South Poplar, Centralia.
June 18
9:30 a.m.
PCB 93-74
UST-FRD
M.S. Carver Lumber Company v. EPA - ESE, Inc. 8901 North Industrial Road, Peoria.
June 18
10:00 a.m.
R93-9
R, Air
In the Matter of: Omnibus Cleanup of the Volatile Organic Material RACT Rules Applicable to
Ozone Nonattainment Areas: Amendments to 35 Ill. Adm. Code Parts 203, 211, 218, and 219
- James R. Thompson Center, Room 9-031, 100 W. Randolph, Chicago.
June 21
10:00 a.m.
PCB 92-211
P-A, RCRA
Safety-Kleen Corporation (Urbana Facility) v. EPA - University of Illinois, Levis Faculty Center,
Room 401, 919 West Illinois Street, Urbana.
June 22
9:30 a.m.
R92-17
R, Water
In the Matter of: Petition of the U.S. Army Engineer District, Rock Island, for a Dredged
Material Placement Regulation Applicable to the Illinois Waterway between LaGrange Lock
and Dam (Mile 90.2) and Lockport Lock (Mile 291) - Peoria Public Library, 107 N.E. Monroe,
Peoria.
June 23
11:00 a.m.
R92-17
R, Water
In the Matter of: Petition of the U.S. Army Engineer District, Rock Island, for a Dredged
Material Placement Regulation Applicable to the Illinois Waterway between LaGrange Lock
and Dam (Mile 90.2) and Lockport Lock (Mile 291) - Grundy County Administrative Center,
1320 Union St., Morris.
June 29
9:00 a.m.
PCB 93-65
L-E
Albert Warner v. Warner Bros. Trucking and Urbana-Champaign Sanitary District - Champaign
City Building, City Council Chambers, First Floor, 102 North Neil Street, Champaign.
June 30
10:00 a.m.
AS 92-14
Air
Quantum Chemical Corporation, USI Division, Petition for Adjusted Standard from 35 Ill. Adm.
Code 218 - Grundy County Courthouse, Old Courtroom, First Floor, 111 East Washington
Street, Morris.
June 30
1:00 p.m.
PCB 93-43
N-E
Leonard Wolst v. Pepperidge Farm, Inc. - James T. Keating Law Office, Suite 1220, 542
South Dearborn Street, Chicago.
Environmental Register No. 470
Environmental Register No. 470
May 19, 1993/Page
May 19, 1993/Page 11
11
July 1
9:00 a.m.
PCB 93-45
P-A
St. Louis Auto Shredding v. EPA (Consolidated with PCB 93-46) - St. Clair County Board
Office, Room B564, 10 Public Square, Belleville.
July 14
10:00 a.m.
PCB 90-24
P-A
Rock-Ola Manufacturing Corporation v. EPA - James R. Thompson Center, Suite 11-500, 100
W. Randolph, Chicago.
July 14
10:00 a.m.
PCB 92-166
P-A, NPDES
Marathon Oil Company (Robinson Refinery) v. EPA - Robinson Public Library, Meeting Room,
606 North Jefferson, Robinson.
July 16
1:30 p.m.
PCB 92-84
A-E
People of the State of Illinois v. Berkshire Furniture Co., Inc. d/b/a Fashion Bed Group and
formerly known as Allegheny Steel & Brass Corporation - James R. Thompson Center, Suite
11-500, 100 W. Randolph St., Chicago.
August 19
1:30 p.m.
PCB 91-175
P-A, Air
Ball Corporation, Ball Metal Decorating & Service Division (Consolidated with PCB 91-258,
PCB 92-150 and PCB 93-33) - James R. Thompson Center, Suite 11-500, 100 West
Randolph Street, Chicago.
August 26
10:00 a.m.
AS 91-12
PWS
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 8
9:00 a.m.
PCB 92-161
P-A, NPDES
National Steel Corporation, Granite City Steel Division v. EPA - Madison County
Administration Building, Room 208, 157 North Main Street, Edwardswille.
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
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
Page
Page 12
12/ February 24, 1993
/ February 24, 1993
Environmental Register No. 470
Environmental Register No. 470
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
DIVISION OF WATER POLLUTION CONTROL
RESTRICTED STATUS LIST
In order to comply with 35 Illinois Administrative Code Section 306.401 Illinois Pollution Control Board
Regulations, the Illinois EPA has prepared the following list of facilities which are on Restricted Status.
Restricted Status is defined as the Agency determination that a sewer or lift station has reached hydraulic
capacity or that a sewage treatment plant has reached design capacity, such that additional sewer connection
permits may no longer be issued without causing a violation of the Act or Regulations. Please note that the
list is continually being revised to reflect the current situation. Therefore, if you have any questions on
the capability of a treatment facility or transport system, please contact this Agency for a final
determination. This listing reflects the status as of March 31, 1993.
Facility names followed by an asterisk (*) indicates that construction is underway to ultimately alleviate
problems which resulted in imposition of Restricted Status.
Facilitits followed by a double asterisk (**) are
additions to the list.
REMAINING
FACILITY NAME
RESPONSIBLE AUTHORITY
COUNTY
CAPACITY
Beecher STP
Village of Beecher
Will
0
Bourbonnais (Belle
Aire Subd.)
Consumers Illinois Water
Kankakee
0
Cambridge STP
Village of Cambridge
Henry
0
Camp Point (a portion
mh 60-68) Village of Camp Point
Adams
0
Carmi*
City of Carmi
White
0
Chapin (North and South Main
Village of Chapin
Morgan
0
Terminal L.S.)
Clearview S.D.
Clearview S.D.
McLean
0
DeKalb-NW 8" Submain
City of DeKalb
DeKalb
0
DuPage Utility Co.
DuPage Utility Co.
DuPage
0
Elmwood
City of Elmwood
Peoria
0
Farmington**
City of Farmington
Fulton
0
Highview Estates
Highview Water Co.
Tazewell
0
Lake Villa
City of Lake Villa
Lake
0
Lake Zurich (NW) STP
Village Of Lake Zurich
Lake
0
Lake Zurich (SE) STP
Village of Lake Zurich
Lake
0
Lewistown-South Interceptor
City of Lewistown
Fulton
0
Oak Highlands S.D.*
Oak Highlands S.D.
Will
0
Oglesby (Sewer System - Partial
City of Oglesby
LaSalle
0
Per PCB Order)
Riverton (Sewer System-Partial)
Village of Riverton
Sangamon
0
Shorewood STP
Village of Shorewood
Will
0
Taylorville Shawnee Ave. Pump
City of Taylorville
Christian
0
Station
Utilities Unlimited
Utilities Unlimited
Will
0
Virden (Sewer System-Partial)
Virden S.D.
Macoupin
0
Washington ( Devonshire Estates)
City of Washington
Tazewell
0
Washington (Rolling Meadows)
City of Washington
Tazewell
0
Watseka STP
City of Watseka
Iroquois
0
Deletions from previous Quarterly Report
: Crest Hill-West STP, Sandwich (Center Street), Streator STP
Environmental Register No. 470
Environmental Register No. 470
May 19, 1993/Page
May 19, 1993/Page 13
13
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
DIVISION OF WATER POLLUTION CONTROL
CRITICAL REVIEW LIST
In order to comply with 35 Illinois Administrative Code Section 306.401, Illinois Pollution Control Board
Regulations, the Illinois Environmental Protection Agency has prepared the following list of facilities which
are on Critical Review. Critical Review as defined as the Agency determination that a sewer or lift station
is approaching hydraulic capacity or that a sewage treatment plant is approaching design capacity such that
additional sewer connection permit applications will require close scrutiny to determine whether issuance
would result in a violation of the Act or Regulations. Please note that these lists are continually being
revised to reflect the current situation. Therefore, if you have any questions on the capability of a
treatment facility or transport system, please contact the Agency for a final determination. This listing
reflects the status as of March 31, 1993.
Facility names followed by a double asterisk are additions to the list.
PE ADDED
FACILITY
RESPONSIBLE
REMAINING
SINCE
NAME
AUTHORITY
COUNTY
CAPACITY
LAST LIST
Antioch
Village of Antioch
Lake
0
0
0
48
Benton-Southeast STP
City of Benton
Franklin
60
0
Bethalto ( L.S. #1)
Village of Bethalto
Madison
87
0
Braidwood STP
City of Braidwood
Will
0
1,103
Carrier Mills
Village of Carrier Mills
Saline
836
0
Carrollton
City of Carrollton
Greene
140
0
Chester
City of Chester
121
48
Creve Coeur
Village of Creve Coeur
Tazewell
2,330
0
Derby Meadows Utility Co. STP
Derby Meadows Utility Co.
Will
70
0
Downers Grove Sanitary
Dist.
Downers Grove S.D.
DuPage
9,561
146
DPCDEC Knollwood
DPCDEC
DuPage
647
91
Earlville
City of Eariville
LaSalle
297
0
East Dundee STP
Village of E. Dundee
Kane
1,791
60
Elkville
Village of Elkville
Jackson
9
0
Elmhurst
City of Elmhurst
DuPage
0
49
Findlay
Village of Findlay
Shelby
60
0
Hebron
Village of Hebron
McHenry
118
0
Herrin
City of Herrin
Williamson
***
0
Herscher
Village of Herscher
Kankakee
8
0
Hoopeston
City of Hoopeston'
Vermilion
22
0
Kildeer-Bishop-Ridge STP
Village of Kildeer
Lake
40
0
CLPWD- DeerfieldRd. Interceptor
County of Lake Public Works
Lake
***
0
Department
Lake in the Hills
S.D.
Village of Lake in the Hills
McHenry
0
0
Milan
Village of Milan
Rock Island
1,415
0
Moline (North Slope)
City of Moline
Rock Isl and
1,200
0
O'Fallon
City of O'Fallon
St. Clair
1,380
28
Orangeville
Village of Orangeville
Stephenson
63
0
Pearl City
Village of Pearl City
Stephenson
0
0
Peotone
Village of Peotone
Will
0
0
Rock Island (Main)
City of Rock Island
Rock Island
5,100
0
Sycamore (Southwest)
City of Sycamore
DeKalb
0
0
Deletetions from previous quarterly report
: Addison (South)
***Contact IEPA - Permit Section
MM:sp5439c/2-5
Page
Page 14
14/ February 24, 1993
/ February 24, 1993
Environmental Register No. 470
Environmental Register No. 470
Environmental Register No. 470
Environmental Register No. 470
May 19, 1993/Page
May 19, 1993/Page 15
15
Printed by Authority of the State of Illinois, May 19, 1993, 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
James R. Thompson Center, 11-500
100 West Randolph Street
Chicago, Illinois 60601
(312) 814-3620
Address Correction Requested.