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NVIRONMENTAL
NVIRONMENTAL
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EGISTER
EGISTER
Illinois Pollution Control Board News
Illinois Pollution Control Board News
No. 473
No. 473
August 4, 1993
August 4, 1993
BOARD SPRINGFIELD OFFICE OPENED
With the recent appointment of Claire A. Manning, of Williamsville, as its new Chairman, the Board has opened
an office in Springfield. The new office address is Pollution Control Board, 600 South Second Street, Suite 402,
Springfield, Illinois 62704. The office phone number is 217-524-8500, and the facsimile number is 217-524-8508.
The Chicago office remains the Board's principal office, and all filings should be directed to the Chicago office.
The Springfield office will accept no filings at this time. Presently staffing the Springfield office are Chairman
Manning, attorneys Charles M. Feinen and Musette H. Vogel, law clerk Suzanne L. Yokley, secretary Karen L.
Lukow, and hearing officer Deborah Frank.
See For Your Information.
The opening of the Springfield location coincided with the closure of the former Board office in Urbana. The
Board still maintains its offices in DeKalb and Jerseyville, which remained unaffected by the opening of the
Springfield office.
BOARD GRANTS 45-DAY PROVISIONAL VARIANCE TO FLOODED COMPANY
A a special Board meeting on July 29, 1993, the Board granted an emergency 45-day provisional variance to the
Knapheide Manufacturing Company to allow it to temporarily move its manufacturing operations from a flooded site in
West Quincy, Missouri to Quincy, Illinois without complying with the Illinois air permit and volatile organic material
emissions regulations.
The Board took this action, under docket number PCB 93-141, pursuant to the filing of a Provisional Variance
Recommendation by Director Mary A. Gade of the Illinois Environmental Protection Agency (IEPA). The IEPA
recommendation stated that compliance with the air construction and operating permit requirements and the volatile
organic material emissions limitations of the Board's air pollution control regulations would impose an arbitrary or
unreasonable hardship on the Knapheide Manufacturing Company. The recommendations stated that adverse
environmental impacts resulting from the variance would be minimal.
Knapheide, an Illinois Corporation qualified to do business in Missouri, operated a fabricating plant in West Quincy,
Missouri which was in the business of metal shaping, forming, and welding and fabrication of miscellaneous truck
bodies. The Missouri facility is currently under sixteen feet of water. Knapheide has located an alternative facility in
Quincy, Illinois. It has sought temporary relief from the Illinois construction and operating permit requirements and the
volatile organic material emissions limitations regulations, so that it could resume operations without delay in its
temporary facility across the river. Knapheide stated that it has already suffered significant business loss over the past
several weeks by contributing the use of hundreds of its employees toward efforts to battle the flood.
Board Chairman Claire A. Manning stated: "Governor Edgar has made it clear to all of us in government that within
our legal framework we should cooperate to the extent possible with the victims of the Great Flood of 1993, so that
Illinois government works in a manner that assists the victims in resuming their operations and recovering from their
damage. This is the first of many such requests we expect from the IEPA and from companies severely damaged by the
flood for temporary emergency relief from the various environmental regulations. In each case, we will look to the need
for ultimate environmental regulatory compliance in the context of the emergency and severity before us, so that both the
environmental and economic interests of Illinois citizens are protected."
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.
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Environmental Register No. 473
Environmental Register No. 473
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
1992 WATERWAYS CRUISE AND ENVIRONMENTAL WORKSHOP
This year's Waterways Cruise and Environmental Workshop, sponsored by Eileen L. Johnston, is scheduled for
Saturday, September 18, 1993. See inside for additional information and a form for making reservations.
Environmental Register No. 473
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RULEMAKING UPDATE
RULEMAKING UPDATE
SDWA UPDATE, FEDERAL PHASE V AMENDMENTS
ADOPTED, R93-1
On July 14, 1993, the Board adopted amendments to the
Illinois public water supply regulations based on U.S. EPA
amendments that occurred in the period July 1 through
December 31, 1992. During this SDWA update time-frame,
USEPA adopted its Phase V amendments to the federal drinking
water rules.
Adopted by the Board using identical-in-substance rulemaking
procedures were new maximum contaminant levels (MCLs) and
monitoring and notice requirements for five inorganic chemical
contaminants, three volatile organic chemical contaminants, and
18 synthetic organic chemical contaminants. The Board also
used this opportunity to undertake general housekeeping
amendments and amendments to correct actions taken in prior
SDWA update dockets. This included deleting the monitoring
requirements for 14 formerly unregulated chemical contaminants
for which USEPA now has MCLs and restoring the monitoring
requirements for 20 other unregulated chemical contaminants
formerly deleted by the Board that USEPA never deleted. It also
included restoring the former Illinois disinfection requirements as
to certain groundwater suppliers that the Board had replaced with
the more stringent federal requirements. direct questions to
Michael J. McCambridge, at 312-814-6924. (Please refer to
docket R93-1.)
DEADLINE EXTENDED FOR ADOPTION OF UIC
AMENDMENTS, R93-6
On July 1, 1993, the Board adopted an order extending the
deadline for adoption of the most recent proposed underground
injection control (UIC) amendments docket, R93-6. The Board
extended the deadline for adoption from July 20 to August 5,
1993 because delays in obtaining Illinois Register publication of
the proposed amendments resulted in the public comment period
ending on July 26.
The update docket, in which the Board proposed amendments
on May 20, 1993, were based on USEPA amendments that
occurred in the period July 1 through December 31, 1992. These
included a stay of technical amendments to the so-called "Third-
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
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Third" rules, as they relate to newly listed wastes; land disposal
restrictions for newly-listed wastes; and revision of certain testing
and monitoring requirements. Direct questions to Michael J.
McCambridge, at 312-814-6924. (Please refer to docket R93-6.)
CLEAN AIR ACT OMNIBUS CLEANUP RULEMAKING
PROPOSED FOR SECOND NOTICE, R93-9
On July 22, 1993 the Board proposed for Second Notice,
under docket number R93-9, the proposal filed this spring by the
Illinois Environmental Protection Agency (Agency) for an
omnibus cleanup of Illinois' Air Pollution Control regulations
pertaining to emissions of volatile organic materials.
(See issue
468, April 7, 1993.)
The proceeding, entitled
In the Matter of:
Omnibus Cleanup of Volatile Organic Materials RACT Rules
Applicable to Ozone Nonattainment Areas
, would amend Parts
203 (permitting), 211 (general VOM provisions), 218 (Chicago
metropolitan area VOM provisions), and 219 (Metro E. St. Louis
metropolitan area VOM provisions). The Agency filed the
proposal pursuant to Section 28.5 of the Environmental
Protection Act. (415 ILCS 5/28.5.) Section 28.5 requires the
Board to proceed within set time-frames toward the adoption of
the proposed amendments. The Board lacks any discretion
under the statute to adjust these time-frames under any
circumstances. The proposal represents one segment of Illinois'
submittal of a complete State Implementation Plan (SIP) to the
U.S. Environmental Protection Agency (USEPA).
Section 182(a) of the Clean Air Act Amendments of 1990
(CAAA) required Illinois to have adopted and submitted its
proposed SIP by November 15, 1992. The purpose of the R93-9
proposal is to make certain corrections to parts 218 and 219 as
suggested by USEPA for approval, to correct typographical
errors, and to clarify the rules.
The Board conducted two public hearings on the proposal on
May 7 and June 4, 1993. Public comments were received until
June 22. Certain revisions from the First Notice version of the
proposal occurred as a result of the testimony and comments
received. The majority of those revisions relate to corrections of
grammar and punctuation, changes in certain choices of wording,
and changes in regulatory format. Certain other revisions have a
more substantive impact. These include changes to certain
definitions and the deletion of a requirement that facilities submit
notices and reports to U.S. EPA under certain limited
circumstances.
Direct questions to Diane O'Neill, at 312-814-6062. (Please
refer to docket R93-9.)
CLEAN AIR ACT CHICAGO OZONE RACT 25 TONS PER
YEAR RULEMAKING PROPOSAL ACCEPTED, PUBLISHED
FOR FIRST NOTICE, R93-14
On July 22, 1993 the Board accepted for First Notice
publication in the
Illinois Register
, under docket number R93-14,
the proposal filed by the Illinois Environmental Protection Agency
(Agency) for amendments to the Illinois' Air Pollution Control
regulations pertaining to emissions of volatile organic materials in
the Chicago metropolitan statistical area. The proceeding,
entitled
In the Matter of: Reasonably Available Control
Technology for Major Sources Emitting Volatile Organic Materials
in the Chicago Ozone Nonattainment Area: 25 Tons
, would
amend Parts 211 (general VOM provisions) and 218 (Chicago
metropolitan area VOM provisions). The Agency filed the
proposal with the Board on July 22, 1993, pursuant to Section
28.5 of the Environmental Protection Act. (415 ILCS 5/28.5.)
The proposal represents one segment of Illinois' submittal of a
complete State Implementation Plan (SIP) to the U.S.
Environmental Protection Agency (USEPA).
Section 182(a) of the Clean Air Act Amendments of 1990
(CAAA) required Illinois to have adopted and submitted its
proposed SIP by November 15, 1992. The purpose of the R93-
14 proposal is to make certain modifications to Parts 211 and
218 for U.S. EPA approval. Among other amendments, the
proposed amendments would make the RACT regulations
applicable to sources that emit more than 25 tons of volatile
organic material per year in the Chicago metropolitan area. The
existing regulations impose a 100 ton per year threshhold.
Section 28.5 requires the Board to proceed within set time-
frames toward the adoption of the proposed amendments. The
Board lacks any discretion under the statute to adjust these time-
frames under any circumstances. The statute requires the Board
to schedule three hearing dates in this matter, each for a
prescribed purpose. The first day of hearing is reserved for
presentation by the Agency and questions of Agency witnesses.
The second scheduled day of hearing, if it occurs, is reserved for
presentation by affected entities and all other interested persons.
The third scheduled day of hearing, if it occurs, is reserved for
any Agency response and responses of other parties. In these
"fast-track" proceedings, the hearings are continued from day to
day, as necessary, until all business is completed. However, the
second and third hearing dates are subject to cancellation
without further notice if the level of public interest and
participation so warrant.
All hearings will be held at the State of Illinois Center at 100
W. Randolph St., Chicago, Illinois and will begin at 10:00 a.m.
The Board has scheduled the following hearing dates and rooms:
Tuesday, August 31, 1993
Room 9-040
Tuesday, September 21, 1993
Room 9-040
Monday, October 4, 1993
Room 11-500
Persons interested in participating in the hearings should
contact the hearing officer, Elizabeth S. Harvey, at 312-814-
6921, for additional information. (Please refer to docket R93-14.)
SMALLER SOURCE REVIEW RULEMAKING PROPOSED
FOR FIRST NOTICE, R93-11
On July 22, 1993, the Board proposed for First Notice certain
amendments to Parts 201 and 211 of the air pollution control
regulations. The proposed amendments would extend the
applicability of the air rules to include smaller sources emitting as
little as 25 tons per year of pollutants. For further information
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5
contact Michelle C. Dresdow, at 815-753-0947. (Please refer to
docket R93-11.)
APPELLATE UPDATE
FIFTH DISTRICT VACATES BOARD
AFFIRMANCE OF LOCAL SITING APPROVAL;
COUNTY BOARD LACKED JURISDICTION
BECAUSE PETITION WAS NOT FILED ON DATE
CITED IN NOTICE
On June 18, 1993, the Fifth District appellate court
vacated a Board order in
Clean Quality Resources, Inc.
v. PCB
(June 18, 1993), No. 5-91-0690 (5th Dist.). In
Clean Quality Resources, Inc. v. Marion County Board
(Aug. 26, 1992), PCB 91-72, 125 PCB 507, the Board
affirmed the Marion County Board's denial of siting
approval for an aqueous hazardous waste treatment and
storage facility. Clean Quality Resources appealed this
decision to the Fifth District.
Just prior to the oral arguments on appeal, the Marion
County Board filed a motion to dismiss the appeal. It
argued that it lacked jurisdiction to review the petition
because the filing of that petition did not comply with the
public notice requirements of Section 39.2(b) of the Act.
The notice given stated that "Notice is hereby given that
14 days from today's date Clean Quality Resources, Inc.
. . . shall apply for site approval to the Marion County
Board . . .." The siting application was actually filed 56
days after the notice was published in the newspaper.
Clean Quality Resources responded that the Marion
County Board was estopped from challenging its
jurisdiction because it had earlier accepted jurisdiction.
The Fifth District followed the general rule that the
question of subject matter jurisdiction can be raised at
any time. The court further followed the rule that a party
cannot waive or be estopped from raising the issue of
subject matter jurisdiction. The court noted that the
requirements of Section 39.2(b) must be followed in
order to vest jurisdiction in the unit of local government
reviewing the petition. It does not matter whether or not
any actual prejudice resulted from any deficiencies in
following the requirements. The Fifth District held that
Clean Quality Resources' public notice of intent to file a
petition for local siting approval was not sufficient to vest
the Marion County Board. The failure to file the petition
on the date specified in the notice deprived the county
board of jurisdiction.
FOR YOUR INFORMATION
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 June 30,
1993.
BOARD ADDS OFFICE AND STAFF AT NEW
SPRINGFIELD OFFICE
As briefly reported on page 1 of this issue, the Board
has added an office and staff in Springfield. The
Chairman, two new attorneys, a law clerk, and a
secretary will staff this new office.
One of the new attorneys, Musette H. Vogel, received
her J.D. from DePaul University College of Law in 1990
and her B.A. from the University of Illinois, Champaign-
Urbana in 1987. At DePaul, Ms. Vogel was a member
of the law review (1988-89), a member of the New York
Bar National Moot Court Team, an extern to the Hon.
Brian B. Duff of the U.S. District Court for the Northern
District of Illinois, and a PILI intern to the Mid-America
Legal Foundation. She practiced with the law firms of
Hodge & Dwyer, in Springfield, and Hubert &
Associates, in Chicago, concentrating in the areas of
environmental litigation and regulation, and acted as
outside counsel to the Illinois Environmental Regulatory
Group, an affiliate of the Illinois State Chamber of
Commerce before joining Board staff. She was a co-
author of a recent article:
Airlines in the wake of
Deregulation: Bankruptcy as an Alternative to Economic
Re-regulation
, 19 T
RANS
. L.J. 246 (1991).
The other new attorney, Charles M. Feinen, received
his J.D. from Valparaiso University School of Law in
1991 and his B.A. from the University of Illinois,
Champaign-Urbana in 1988. Before joining Board staff,
Mr. Feinen was Assistant Counsel for the Illinois
Environmental Protection Agency, a law clerk for the
DuPage County State's Attorney Office, and a research
assistant to Professor Robert Blomquist of the Valparaiso
University School of Law. He did extensive research and
wrote a memorandum on CERCLA case law and
CERCLA defenses while a student at Valparaiso
University.
The Chairman's new secretary, Karen Lukow, worked
for the Department of Energy and Natural Resources,
Office of Recycling and Waste Reduction before joining
Board staff. Prior to working for the State of Illinois,
Ms. Lukow travelled extensively with her family to
various U.S. military installations in Illinois, Texas,
Okinawa, Hong Kong, Wisconsin, and Colorado.
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Originally from Wisconsin, Ms. Lukow attended Ripon
College and Lake Land Junior College.
The law clerk added to staff, Suzanne L. Yokley, is a
student at Washington University Law School in St.
Louis. She anticipates graduating in 1995. Ms. Yokley
received
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her B.A. from the University of Illinois, Champaign-
Urbana in 1992.
FINAL ACTIONS
FINAL ACTIONS - July 1, 1993 BOARD MEETING
- July 1, 1993 BOARD MEETING
90-196
Heico, Incorporated v. EPA - The Board
granted a motion to voluntarily dismiss this
RCRA permit appeal involving a Kane
County facility.
92-26
Dale & Deborah Dettlaff v. Eduardo P.
Boado and EPB Park Services, Inc. - The
Board dismissed this citizens' air and noise
action involving a Lake County facility on
the merits after finding no violation.
93-11
Material Recovery Corporation v. Village in
the Lake in the Hills - The Board affirmed a
local denial of siting approval for a proposed
McHenry County regional pollution control
facility.
93-51
St. Clair County v. Village of Sauget,
Village of Sauget President and Board of
Trustees, and G.J. Leasing Company, Inc.,
a corporation d/b/a Cahokia Marine Service
- On a third-party appeal, the Board
affirmed a local denial of siting approval for
a proposed St. Clair County regional
pollution control facility.
93-52
Eugene Daly, Jane Schmit, Carl Williams,
South Cook County Environmental Action
Coalition v. Village of Robbins, and the
Resource Recovery Company; Citizens for a
Better Environment v. Village of Robbins,
and the Resource Recobery Company - On a
third-party appeal, the Board affirmed a
local grant of siting approval for a proposed
Cook County regional pollution control
facility. (Consolidated with PCB 93-54.)
93-89
People of the State of Illinois v. Richard O.
Schulz Company, an Illinois corporation -
The Board accepted a stipulation and
settlement agreement in this air enforcement
action involving a Cook County facility and
imposed the $7,500.00 penalty provided and
ordered the respondent to refrain from
further violations.
93-98
People of the State of Illinois v. 3216
Garage Corporation, an Illinois corporation
- The Board accepted a stipulation and
settlement agreement in this air enforcement
action involving a Cook County facility and
imposed the $2,500.00 penalty provided and
ordered the respondent to refrain from
further violations.
93-125
Clark Oil & Refining Corporation v. EPA
(Provisional Variance) - Upon receipt of an
Agency recommendation, the Board granted
this Cook County facility a 30-day extension
of the 90-day accumulation time for
hazardous wastes.
AS 92-10
In the Matter of: Southern Illinois Power
Cooperative Marion Power) For Adjusted
Standards From 35 Ill. Adm. Code
302.208(e) - The Board granted this
Williamson County facility an adjusted
standard from certain of the water pollution
control regulations.
AC 92-50
Logan County Health Department v.
Lincoln/Logan Landfill - The Board found
this Logan County facility in violation of
various subsections of Sections 21(o) of the
Act and ordered the payment of a $3,500.00
civil penalty to the Logan County Health
Department.
AC 92-79
Sangamon County Department of Public
Health v. Lee Hsueh (Springfield/Hsueh) -
The Board found this Sangamon County
facility in violation of Section 21(p)(1) of
the Act and ordered the payment of a
$500.00 civil penalty to the Sangamon
County Department of Public Health.
NEW CASES
NEW CASES - July 1, 1993 BOARD MEET
- July 1, 1993 BOARD MEETING
ING
93-116
People of the State of Illinois v. H.P. Smith,
Inc. - The Board accepted an agreed motion
for relief from the hearing requirement and
ordered newspaper publication of the filing
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of a stipulation and settlement agreement in
this air enforcement action involving a Cook
County facility.
93-117
People of the State of Illinois v. T.J.
Harkins Basic Commodity Brokers, Inc. -
The Board accepted an agreed motion for
relief from the hearing requirement and
ordered newspaper publication of the filing
of a stipulation and settlement agreement in
this air enforcement action involving a
DuPage County facility.
93-118
People of the State of Illinois v. Marsco
Manufacturing Company - The Board held
this air enforcement action involving a Cook
County facility until the meeting of July 22.
93-119
People of the State of Illinois v. Treasure
Chest Advertising Company - The Board
accepted an agreed motion for relief from
the hearing requirement and ordered
newspaper publication of the filing of a
stipulation and settlement agreement in this
air enforcement action involving a DuPage
County facility.
93-120
People of the State of Illinois v. Chicago
Industrial Waste Haulers, Inc. - The Board
accepted an agreed motion for relief from
the hearing requirement and ordered
newspaper publication of the filing of a
stipulation and settlement agreement in this
land enforcement action involving Cook and
Sangamon County facilities.
93-121
Gunite Corporation v. EPA - The Board
accepted this land permit appeal involving a
Winnebago County facility for hearing.
93-122
EMRO Marketing Company v. EPA - The
Board accepted this underground storage
tank reimbursement determination appeal
involving a Lake County facility for
hearing.
93-123
Earl Luster Trust v. EPA - The Board
accepted this underground storage tank
reimbursement determination appeal
involving a Christian County facility,
granted a stay, and ordered periodic status
reports.
93-124
Tolles Realty Company v. EPA - The Board
accepted this underground storage tank
reimbursement determination appeal
involving a Madison County facility,
granted a stay, and ordered periodic status
reports.
93-125
Clark Oil & Refining Corporation v. EPA
(Provisional Variance)-
See Final Actions.
93-126
People of the State of Illinois v. Mechanical
Plating Company - The Board noted the
filing of this air enforcement action
involving a Cook County facility.
R93-13
Petition of General Motors Corporation to
Amend 35 Ill. Adm. Code 303.322 (Site-
Specific Regulation for Fluoride) - The
Board waived the statutory 200 signature
requirement and accepted this water
pollution control site-specific rulemaking
petition for hearing, ordering the petitioner
to serve a copy of the proposal on the
Attorney General.
FINAL ACTIONS
FINAL ACTIONS - July 14, 1993 SPECIAL BOARD MEETING
- July 14, 1993 SPECIAL BOARD MEETING
R93-1
In the Matter of: Safe Drinking Water Act
Update, Phase V Rules (July 1 1992 through
December 31, 1992), Adopted Rule, Final
Order, Opinion and Order -
See Rulemaking
Update.
93-107
J.J.R.S. Investments, an Illinois General
Partnership v. IEPA - The Board granted the
Agency's motion for summary judgment and
dismissed this underground storage tank
reimbursement determination appeal
involving a Cook County facility. J.
Anderson dissented.
FINAL ACTIONS
FINAL ACTIONS - July 22, 1993 BOARD MEETING
- July 22, 1993 BOARD MEETING
91-175
Ball Corporation - The Board granted
voluntary dismissal of this air permit appeal
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9
involving a Cook County facility.
(Consolidated with PCB 91-258, PCB 92-
150, and PCB 93-33.)
92-200
Ron's Interstate Sunoco - The Board granted
the Agency's motion for default and
dismissed this underground storage tank
reimbursement determination appeal
involving a Champaign County facility. J.
Theodore Meyer dissented.
93-10
Pekin Metro Landfill - The Board granted
the Agency's motion for summary judgment
and dismissed this land permit appeal
involving a Tazewell County facility.
93-109
People of the State of Illinois v. Granite
City Pickling & Warehousing, Inc. - The
Board accepted a stipulation and settlement
agreement in this land enforcement action
involving Sangamon and Madison County
facilities and imposed a $2,650.00 civil
penalty payable into the Environmental
Protection Trust Fund.
93-115
City of East Moline v. EPA - The Board
granted voluntary withdrawal of this public
water supply variance petition involving a
Rock Island County facility.
AC 92-26
County of Ogle v. City of Rochelle - Having
previously found a violation, the Board
assessed hearing costs in the amount of
$1,220.03 against the respondent.
AC 92-33
St. Clair County v. James Alexander -
Having previously found a violation, the
Board assessed hearing costs in the amount
of $558.99 against the respondent.
AC 92-62
EPA v. Bill Hammond - Having previously
found a violation, the Board assessed
hearing costs in the amount of $912.50
against the respondent.
AC 93-18
EPA v. Charles Logsdon - The Board
granted an Agency motion to withdraw the
administrative citation.
NEW CASES
NEW CASES - July 22, 1993 BOARD MEET
- July 22, 1993 BOARD MEETING
ING
93-118
People of the State of Illinois v. Marsco
Manufacturing Company - The Board
accepted an agreed motion for relief from
the hearing requirement and ordered
newspaper publication of the filing of a
stipulation and settlement agreement in this
air enforcement action involving a Cook
County facility.
93-128
National Coatings, Inc. v. EPA - The Board
accepted this RCRA permit appeal involving
a Knox County facility for hearing.
93-129
PPG Industries, Inc. v. EPA - The Board
accepted this NPDES permit appeal
involving a Macon County facility for
hearing.
93-130
Sall-Eclipse v. EPA - Upon receipt of an
Agency recommendation, the Board granted
a 30 day provisional variance that extended
the 90-day limitation on accumulation of
hazardous waste at this Winnebago County
facility.
93-131
Regis Chemical Company v. EPA - Upon
receipt of an Agency recommendation, the
Board granted a 30 day provisional variance
that extended the 90-day limitation on
accumulation of hazardous waste at this
Cook County facility.
93-132
Marsco Manufacturing Company v. EPA -
The Board accepted this air permit appeal
Page
Page 10
10/ August 4, 1993
/ August 4, 1993
Environmental Register No. 473
Environmental Register No. 473
involving a Cook County facility for
hearing.
93-133
People of the State of Illinois v. Blommer
Chocolate Company - The Board accepted
an agreed motion for relief from the hearing
requirement and ordered newspaper
publication of the filing of a stipulation and
settlement agreement in this air enforcement
action involving a Cook County facility.
93-134
People of the State of Illinois v. Ecologic
Inc. and Horsehead Industries, Inc. d/b/a
Zinc Company of America - The Board
accepted an agreed motion for relief from
the hearing requirement and ordered
newspaper publication of the filing of a
stipulation and settlement agreement in this
air enforcement action involving a Bureau
County facility.
R93-9
Omnibus Cleanup of the VOM RACT
Rules, Proposed Rule, Second Notice,
Opinion and Order -
See Rulemaking
Update.
R93-11
Smaller Source Permit Rules, Proposed
Rule, First Notice, Opinion and Order -
See
Rulemaking Update.
R93-14
RACT for Major Sources Emitting Volatile
Organic Materials in the Chicago
Nonattainment Area: 25 Tons, Proposed
Rule, First Notice, Opinion and Order -
See
Rulemaking Update.
Environmental Register No. 473
Environmental Register No. 473
August 4, 1993/Page
August 4, 1993/Page 11
11
FINAL ACTIONS
FINAL ACTIONS -
- July 29, 1993 SPECIAL BOARD MEETING
July 29, 1993 SPECIAL BOARD MEETING
93-141
Knapheide Company v. EPA - Upon receipt
of an Agency recommendation, the Board
granted a provisional variance to allow the
petitioner to operate a facility in Adams
County without complying with certain of
the
air pollution control permitting and
emissions limitations requirements as a
result of the flood emergency.
See article
beginning on page 1.
NEW CASES
NEW CASES - July 29, 1993 SPECIAL BOARD MEET
- July 29, 1993 SPECIAL BOARD MEETING
ING
93-141
Knapheide Company v. EPA -
See Final Actions.
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.
Page
Page 12
12/ August 4, 1993
/ August 4, 1993
Environmental Register No. 473
Environmental Register No. 473
August 25
10:00 a.m.
PCB 93-60
P-A, Land
Industrial Salvage, Inc. and John Prior v. EPA - Centralia City Hall, 222 South
Poplar, Centralia. (Consolidated with PCB 93-61.)
August 26
10:00 a.m.
PCB 93-60
P-A, Land
Industrial Salvage, Inc. and John Prior v. EPA - Centralia City Hall, 222 South
Poplar, Centralia. (Consolidated with PCB 93-61.)
August 26
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W.
Randolph St., Conference Room 9-040, Chicago.
August 27
10:00 a.m.
PCB 93-121
P-A, Land
Gunite Corporation v. EPA - State of Illinois Building, Third Floor Conference
Room, 200 South Wyman, Rockford.
August 27
10:00 a.m.
PCB 93-122
UST-FRD
EMRO Marketing Company v. EPA - College of Lake County, Room A 159,
19352 West Washington, Grayslake.
August 30
10:00 a.m.
AC 93-19
AC
EPA v. Laidlaw Waste Systems, Inc. and Environmental Reclamation Company -
Charleston City Council Chambers, 520 Jackson Avenue, Charleston.
August 30
9:00 a.m.
PCB 92-117
A-V
IEI Barge Services, Inc. v. EPA - JoDaviess County Courthouse, County Board
Room, 330 North Bench Street, Galena.
August 31
9:30 a.m.
PCB 93-58
UST-E
People of the State of Illinois v. L. Keller Oil Properties, Inc. - Springfield
Municipal Building, Third Floor, 8th and Monroe Streets, Springfield.
August 31
10:00 a.m.
R 93-14
R, Air
Reasonably Available Control Technology for Major Sources Emitting Volatile
Organic Materials in the Chicago Ozone Nonattainment Area: 25 Tons
(Amendments to 35 Ill. Adm. Code 211 and 218) - James R. Thompson Center,
Room 9-040, 100 West Randolph Street, Chicago.
September 1
9:30 a.m.
PCB 93-58
UST-E
People of the State of Illinois v. L. Keller Oil Properties, Inc. - Springfield
Municipal Building, Third Floor, 8th and Monroe Streets, Springfield.
September 7
10:00 a.m.
AC 93-13
AC
County of Will v. Arthur Hamel (Lockport Township/Hammel) Docket No. WC
93 AC 1 - Will County Courthouse (see Paula, Room 439), 14 West Jefferson
Street, Joliet.
September 9
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, Second
Floor, 111 East Washington Street, Morris.
September 15
10:00 a.m.
PCB 93-129
P-A, NPDES
PPG Industries, Inc. v. EPA - Macon County Building, Attorney's Deposition
Room, Second Floor West, 253 East Wood Street, Decatur
September 16
10:00 a.m.
PCB 93-128
P-A, RCRA
National Coatings, Inc. v. EPA - Knox County Courthouse, County Board Room,
200 West Cherry Street, Galesburg.
September 17
10:00 a.m.
AS 93-2
NPDES
Borden Chemicals & Plastics Operating Limited Partnership, Petition for Adjusted
Standard from 35 Ill. Adm. Code 302.208 - Illiopolis City Hall, Board Room, 5th
Environmental Register No. 473
Environmental Register No. 473
August 4, 1993/Page
August 4, 1993/Page 13
13
Street, Illiopolis.
Page
Page 14
14/ August 4, 1993
/ August 4, 1993
Environmental Register No. 473
Environmental Register No. 473
September 21
10:00 a.m.
R 93-14
R, Air
Reasonably Available Control Technology for Major Sources Emitting Volatile
Organic Materials in the Chicago Ozone Nonattainment Area: 25 Tons
(Amendments to 35 Ill. Adm. Code 211 and 218) - James R. Thompson Center,
Room 9-040, 100 West Randolph Street, Chicago.
September 23
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W.
Randolph St., Conference Room 9-040, Chicago.
September 28
2:00 p.m.
PCB 92-215
N-E, Citizens
Douglas Locke and Nancy Locke v. Biltmore Country Club - Law Office of Arthur
Wulfe, 100 North LaSalle, Suite 1710, Chicago.
September 28
9:00 a.m.
PCB 93-87
A-E
People of the State of Illinois v. South Holland Metal Finishing Co., Inc. - James
R. Thompson Center, Suite 11-500, 100 West Randolph Street, Chicago.
September 28
10:00 a.m.
PCB 93-92
L-E
People of the State of Illinois v. Elkay Manufacturing Company - Oak Brook
Village Hall, Administration Building, 1200 Oak Brook Road (31st Street), Oak
Brook.
October 4
10:00 a.m.
R 93-14
R, Air
Reasonably Available Control Technology for Major Sources Emitting Volatile
Organic Materials in the Chicago Ozone Nonattainment Area: 25 Tons
(Amendments to 35 Ill. Adm. Code 211 and 218) - James R. Thompson Center,
Room 11-500, 100 West Randolph Street, Chicago.
October 7
10:00 a.m.
PCB 92-172
A-V
Olin Corporation (Winchester Division) v. EPA - Alton City Council Chambers,
Room 104, 101 East 3d Street, Alton.
October 7
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W.
Randolph St., Conference Room 9-040, Chicago.
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, Edwardsville.
October 12
9:30 a.m.
PCB 93-85
A-E
People of the State of Illinois v. Liquid Air Corporation - James R. Thompson
Center, Suite 11-500, 100 West Randolph Street, Chicago.
October 20
10:00 a.m.
PCB 93-18
UST-FRD
City of Roodhouse v. EPA - Roodhouse City Hall, 119 West Palm Street,
Roodhouse.
October 21
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W.
Randolph St., Conference Room 9-040, Chicago.
October 26
10:00 a.m.
AS 91-12
Water
Illinois American Water Company, Petition 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.
October 27
PCB 92-166
Marathon Oil Company (Robinson Refinery) v. EPA - Robinson Public Library,
Environmental Register No. 473
Environmental Register No. 473
August 4, 1993/Page
August 4, 1993/Page 15
15
10:00 a.m.
P-A, NPDES
Meeting Room, 606 North Jefferson, Robinson.
October 27
10:00 a.m.
PCB 93-105
UST-FRD
Divane Bros. Electric Co. v. EPA - Law Offices of Delman & Hurwitz, Suite
1010, 4709 West Golf Road, Skokie.
November 4
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W.
Randolph St., Conference Room 9-040, Chicago.
November 18
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W.
Randolph St., Conference Room 9-040, Chicago.
December 2
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W.
Randolph St., Conference Room 9-040, Chicago.
December 16
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W.
Randolph St., Conference Room 9-040, Chicago.
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
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 June 30, 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
Bolingbrook STP 2**
Village of Bolingbrook
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
Page
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16/ August 4, 1993
/ August 4, 1993
Environmental Register No. 473
Environmental Register No. 473
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
Oak Highlands S.D.*
Oak Highlands S.D.
Will
0
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
: Beecher STP, Lewistown-South Interceptor, Oglesby (Sewer System-
Partial)
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 June 30, 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
Beecher STP**
Village of Beecher
Will***
0
0
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
63
Carrier Mills
Village of Carrier Mills
Saline
836
0
Carrollton
City of Carrollton
Greene
140
0
Chester
City of Chester
121
0
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
9,554
7
DPCDEC Knollwood
DPCDEC
DuPage
478
169
Earlville
City of Eariville
LaSalle
297
0
East Dundee STP
Village of E. Dundee
Kane
1,721
70
Elkville
Village of Elkville
Jackson
9
0
Elmhurst
City of Elmhurst
DuPage
0
0
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
438
Milan
Village of Milan
Rock Island
1,415
0
Moline (North Slope)
City of Moline
Rock Island
1,151
49
O'Fallon
City of O'Fallon
St. Clair
1,281
99
Orangeville
Village of Orangeville
Stephenson
63
0
Pearl City
Village of Pearl City
Stephenson
0
0
Peotone
Village of Peotone
Will
0
91
Rock Island (Main)
City of Rock Island
Rock Island
5,012
88
Sycamore (Southwest)
City of Sycamore
DeKalb
0
0
Thompsonville STP**
Village of Thompsonville
Franklin
35
0
Deletetions from previous quarterly report
: None
***Contact IEPA - Permit Section
MM:sp5439c/2-5
Environmental Register No. 473
Environmental Register No. 473
August 4, 1993/Page
August 4, 1993/Page 17
17
WATERWAYS CRUISE AND ENVIRONMENTAL WORKSHOP
EILEEN JOHNSTON is organizing another waterways cruise and floating seminar for Saturday,
September 18, 1993. 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; 708-251-4386
Please make reservation before September 10, 1993. Space is limited, so the sooner the better!
****************************************************************************************
Name
__________________________________________________________________
School, Firm, Group
__________________________________________________________________
Address
__________________________________________________________________
__________________________________________________________________
Phone
__________________________________________________________________
Ticket No.
______________________
Amount Enclosed
_______________________
Page
Page 18
18/ August 4, 1993
/ August 4, 1993
Environmental Register No. 473
Environmental Register No. 473
Printed by Authority of the State of Illinois, August 4, 1993, 2,000 copies, order #57701.
Illinois Pollution Control Board
State of Illinois Center, 11-500
100 West Randolph Street
Chicago, Illinois 60601
(312) 814-3620
Address Correction Requested.
Bulk Rate
U.S. Postage
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:
Claire A. Manning, Chairman
Williamsville, 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.