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Illinois Pollution Control Board News
Illinois Pollution Control Board News
No. 474
No. 474
September 8, 1993
September 8, 1993
BOARD CHARTS NEW COURSE FOR CONTESTED CASES;
IN-HOUSE HEARING OFFICERS NAMED
On August 26, the Pollution Control Board initiated the first of what may be several significant changes in its contested
case hearings program. Clearly the most significant change is the creation of a new Hearing Officers Unit. Two
members of the Board's staff, Phillip Van Ness and Deborah Frank, will serve as the Board's first in-house hearing
officers for contested cases. Van Ness will operate out of the Board's Chicago office while Frank will operate out of the
Board's new Springfield office. As Chief Hearing Officer, Van Ness will also act as supervisor and contact person for
the Board's thirty-plus contract hearing officers.
New Course for Contested Cases
continued on page 4 (under
For Your Information
)
RULEMAKING UPDATE
RULEMAKING UPDATE
EMERGENCY RULE TO ALLOW OPEN BURNING OF
FLOOD-GENERATED WASTES, R93-15
On August 20, 1993, the Board adopted an emergency rule
that allows the open burning of certain wastes generated as a
result of the Mississippi River flood emergency. The Board found
the existence of "a threat to the public interest, safety or welfare"
and that "no harm will result from such burning" in response to an
Agency proposal filed on August 18.
The emergency rule allows the burning of flood-generated
wastes in 20 counties that lie along the Mississippi River and its
tributaries which have experienced severe flooding this summer.
The rule imposes certain conditions on the types of wastes
burned and the conditions of the burning. The emergency rule
allows the burning without a permit. The rule became effective
on August 23, 1993, for a maximum of 150 days. J. Anderson
concurred. Direct questions to Kathleen M. Crowley, at 312-814-
6929. (Please refer to docket R93-15.)
UIC UPDATE ADOPTED FOR SECOND HALF OF 1992, R93-6
On August 5, 1993, the Board adopted an update to the
underground injection control (UIC) regulations that included
federal amendments for the period of July 1 through December
31, 1993. During that period, U.S. EPA undertook three distinct
actions: a stay of a technical amendment to the Third-Third land
disposal restriction rules as they relate to newly-listed wastes,
the imposition of land disposal restrictions for newly-listed
wastes, and a revision of the testing and monitoring
requirements. The Board adopted corresponding amendments.
Direct questions to Michael J. McCambridge, at 312-814-6924.
(Please refer to docket R93-6.)
STYRENE PROPOSED FOR ADDITION TO LIST OF TOXIC
AIR CONTAMINANTS, R90-1(D)
On August 26, 1993, the Board proposed to add styrene to the
list of toxic air contaminants, under docket number R90-1(D).
Styrene was originally proposed, together with 262 other
chemicals, for inclusion on the list of toxic air contaminants.
JCAR issued an objection to the inclusion of styrene in August,
1992. The Board severed styrene from the rest of the chemicals
on the list for consideration in a separate docket. After again
opening the issue of listing styrene for public comment, and after
receiving three public comments and one response to the
comments, the Board decided to again propose styrene for
listing. Direct questions to Charles M. Feinen, at 217-524-8507.
(Please refer to docket R90-1(D).)
RULEMAKING UPDATE
continued on page 2
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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2/ September 8, 1993
/ September 8, 1993
Environmental Register No. 474
Environmental Register No. 474
AMENDMENTS TO EXISTING SITE-SPECIFIC RULE
PROPOSED FOR FIRST NOTICE, R93-8
On August 26, 1993, the Board proposed amendments to a
site-specific rule for First Notice. The site-specific water pollution
control rule involved applied to UNO-VEN's predecessor-in-
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. 474
Environmental Register No. 474
September 8, 1993/Page
September 8, 1993/Page 3
3
interest, Union Oil Co. of California, for the effluent from a
refinery located in Will County, near Lemont. The Chicago
Sanitary and Ship Canal is the re-
Site-Specific Amendments
continued on page 3
Site-Specific Amendments
continued from page 2
ceiving stream.
The proposed amendments would change the rule to reflect
the change in ownership of the facility to the petitioner, UNO-
VEN Co.; they would add a monthly-averaged concentration-
based effluent limitation for ammonia nitrogen; the amendments
would require annual reporting of nitrogen in feedstock; and they
would extend the ultimate expiration date of the rule until
December 31, 2001. Direct questions to Diane O'Neill, at 312-
814-6062. (Please refer to docket R93-8.)
DEADLINE EXTENDED FOR CONTINGENCY PLAN RULES,
R92-18
On August 5, 1993, the Board issued an order that extends the
deadline for adoption of an update of the state contingency plan
regulations until February 10, 1994. The Board cited that the
reasons for delay are the same as those stated in the extension
order of March 25, 1993 (
Environmental Register
no. 468): the
General Assembly was expected to act in a way that might have
affected the scope of the rulemaking mandate. The Board noted
that the legislative session ended without such action, and it
anticipated completion of this voluminous rulemaking some time
around February 10, 1994. Direct Questions to Michael J.
McCambridge, at 312-814-6924. (Please refer to docket R92-
18.)
HEARINGS SET FOR STEEL AND FOUNDRY LANDFILL
AMENDMENTS, R90-26
The Board has scheduled public hearings on an industry-filed
proposal to amend the Illinois landfill regulations. The proposal,
originally filed on December 3, 1990 and amended May 13 and
June 24, 1991 and May 13, 1993, was submitted by the Illinois
Steel Group and the Illinois Cast Metals Association. This
COPIES OF ILLINOIS LANDFILL REGULATIONS AND SUPPORTING DOCUMENTS
AVAILABLE ON DISKETTE
Copies of the Illinois landfill regulations and supporting documents are available on diskette. This consists of the Board's landfill
regulations and other supporting background documentation. This is offered only in an electronic version which consists of
WordPerfect 5.1, on either 3.5" or 5.25" inch diskettes. The electronic format will allow for word searches and other useful tools
provided by the WordPerfect software. The cost is $100.00.
When ordering, please specify the choice of either the 3.5" or 5.25" diskettes.
DISKETTE SET FOR NONHAZARDOUS WASTE LANDFILL REGULATIONS
Enclosed is a check in the amount of $_______ made payable to the Illinois Pollution Control Board for purchase of
______ set(s) of diskettes at $100.00 per set.
Send Order to:Size of Diskette:
Name__________________________________________________________
5.25" (1.2 MB)___________________
Address
____________________________________________________
3.5" (1.44 MB)___________________
____________________________________________________
Number of orders_________________
____________________________________________________
Please send to:
Joseph D'Alessandro, Fiscal Officer
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph St., Ste 11-500
Chicago, IL 60601
Page
Page 4
4/ September 8, 1993
/ September 8, 1993
Environmental Register No. 474
Environmental Register No. 474
proposal was an outgrowth of the 1990 adoption of the landfill
regulations in R88-7. Those rules included an exclusion for
wastes generated by foundries and primary steel production
facilities if those facilities filed a rulemaking proposal relating to
their wastes by December 1, 1990. The present proposal was
filed in furtherance of that exclusion.
The Board adopted a proposal for public comment in this
matter on February 7, 1991, and held public hearings in May and
June, 1991 on that proposed rule. The Board intends to adopt a
second First Notice order on the May 13, 1993 revised proposal
in the near-future. The presently-scheduled public hearings
relate to that revised proposal. The hearing dates and locations
are as follows:
10:00 a.m., Friday, October 1, 1993
James R. Thompson Center
100 West Randolph Street, Room 9-040
Chicago
10:00 a.m., Wednesday, October 13, 1993
James R. Thompson Center
100 West Randolph Street, Room 9-025
Chicago (
SUBJECT TO CANCELLATION)
The Hearing Officer will require the use of pre-filed testimony
and exhibits, filed and served on all persons on the service list no
later than September 17, 1993, and pre-filed questions, filed and
served on all persons on the service list no later than September
24, 1993. The Hearing Officer has reserved the right to cancel
the second day of hearing if it is unnecessary. Direct questions
to Kathleen M. Crowley, at 312-814-6929. (Please refer to
docket R90-26.)
FOR YOUR INFORMATION
New Course for Contested Cases
continued from page 1
Van Ness is a 1975 graduate of the John Marshall Law
School in Chicago. Prior to his new appointment, he
served as the Board's Intergovernmental Affairs
Attorney. Previous experience includes 1 year as the
attorney assistant to Board Member Joan Anderson, 9
years as staff attorney with the Illinois EPA (IEPA) and 2
years as manager of the rules review section of the Joint
Committee on Administrative Rules (JCAR). Frank is a
1992 graduate of the IIT Chicago-Kent College of Law.
Before her new appointment, she was the attorney
assistant to former Board Chairman John Marlin.
Last year, the Board's hearing officers handled over
130 contested case hearings throughout the State. Board
hearing officers also managed the pre-hearing progress of
scores of other contested cases which did not go to
hearing last year. Some of those cases were resolved
through pre-hearing settlement negotiations, while other
cases were withdrawn; many others progressed to the
hearing stage during the current calendar year.
Efficiency and Timeliness Stressed
The new program, which is still evolving, will place
renewed emphasis on efficiency and timeliness. It will
stress the importance of completing the hearing and
briefing schedule at least 30 days before the Board's
decision due date (in time-limited cases, the last regularly
scheduled Board meeting date prior to the statutory
deadline). This is intended to ensure that the Board has
ample time to review, decide and articulate its decisions.
Under the new program, hearing officers will be
encouraged to more actively manage open cases by,
inter
alia
, requiring status reports and monitoring the progress
of discovery and negotiations. Hearing officers will be
authorized to order a case to hearing if it does not appear
to be moving satisfactorily toward resolution or if further
delay would be pointless.
The new program will also place emphasis on
completing hearings once they have been scheduled.
Review of Board data suggests that cancellation of
scheduled hearings, particularly where public notice of
such hearings has been published (as required by law), is
a major cause of delay in Board proceedings. Where
newspaper notice has to be re-issued, such delay is
invariably measured in months. Such cancellations also
have the undesirable effect of driving up Board hearing
and notice costs. Under the new program, parties will
note that cancellations and rescheduling will be harder to
obtain, and that any extensions of time must be
accomplished in a manner that assures the Board has
ample time to consider the completed record.
Expedited Pre-hearing Process
Perhaps the single change that will be most apparent to
practitioners will be the expedited procedure for issuing
"set-for-hearing" orders. Currently, a case is not
accepted for hearing until the Board formally issues an
order authorizing the hearing and directing the hearing
officer to schedule the hearing and related steps of the
proceeding after consultation with the parties. Since at
present the Board generally meets every other week,
there is often a substantial delay (averaging more than
three weeks) between the time a case is filed and the time
the hearing officer is assigned and contacts the parties.
Under the new expedited procedures, the Board will
generally issue an order authorizing hearing within 1
week of receipt of a properly completed petition or
complaint. Thus, particularly in time-limited cases,
hearing officers and the parties will have significantly
more time for pre-hearing activities (pre-hearing
conferences, discovery, negotiations, etc.). These
activities will, it is hoped, encourage prompt settlement
of some cases and refinement of disputed issues in other
cases. The goal in all cases is to limit the number and
duration of hearings to the minimum consistent with due
process and to speed the resolution of disputes affecting
the environment.
Environmental Register No. 474
Environmental Register No. 474
September 8, 1993/Page
September 8, 1993/Page 5
5
Other Changes Contemplated; Public Input Sought
At this writing, several additional changes are in the
offing, including a revised training manual for hearing
officers, revised Board forms and, possibly, revisions in
Board procedural rules.
Board Chairman Claire A. Manning announced the
new program. "It is the Board's hope that these
structural changes will allow it to provide a more
efficient hearing process while ensuring that the Board's
need for a clear and timely hearing record is satisfied,"
she stated. "We earnestly request the public to take the
time to share with us their ideas for improving the
Board's hearing process in contested cases, and we thank
those who have already provided so much assistance to us
in this endeavor."
AGENCY SCHEDULES HEARINGS ON PROPOSED
STATE IMPLEMENTATION PLAN SUBMITTAL
The Agency has scheduled hearings on a proposed
State Implementation Plan Submittal (SIP revision) to
U.S. EPA.
The proposed SIP revision includes a 15 percent further
progress plan for the metropolitan Chicago and East St.
Louis ozone non-attainment areas; photochemical
assessment monitoring stations; the metropolitan Chicago
and East St. Louis and Jersey County non-attainment
areas Base Year Inventories of volatile organic material,
nitrogen oxides, and carbon monoxide; and redesignation
of Jersey County as attainment for ozone. Further details
are provided in the notice beginning on page 12 in this
issue.
FINAL ACTIONS
FINAL ACTIONS - August 5, 1993 BOARD MEETING
- August 5, 1993 BOARD MEETING
90-27
Shell Oil Company v. EPA - The Board
granted voluntary dismissal of this NPDES
variance petition involving a Madison
County facility.
91-195
Scott and Karen Thomas v. Carry
Companies of Illinois - The Board found
that the respondent's Macon County
operations violated sections 9(a), 23 and 24
of the Act in this citizens' noise and air
enforcement action and ordered it to study
alternatives for control of its dust and noise
emissions and report to the Board by
December 1, 1993. J. Theodore Meyer
concurred and R. Flemal dissented.
93-83
Finks & Austman v. EPA - The Board
accepted a stipulation filed by the parties
and directed the Agency to reimburse Finks
& Austman $876.94 in this underground
storage tank reimbursement determination
appeal involving a McLean County facility.
93-110
City of Byron v. EPA - The Board granted
this Ogle County facility a two-year
variance with conditions from the standards
of issuance and restricted status provisions
of the public water supply regulations as
they apply to radium-226 and radium-228.
B. Forcade dissented.
93-116
People of the State of Illinois v. H.P. Smith,
Inc., an Illinois corporation - The Board
accepted a stipulation and settlement
agreement filed by the parties in this air
enforcement action involving a Cook
County facility, imposed a $27,000 civil
penalty against the respondent, and ordered
the respondent to cease and desist from
further violation. J. Theodore Meyer
dissented.
93-117
People of the State of Illinois v. T.J.
Harkins Basic Commodity Brokers, Inc., an
Illinois corporation - The Board accepted a
stipulation and settlement agreement filed by
the parties in this air enforcement action
involving a DuPage County facility,
imposed a $5,500 civil penalty against the
respondent, and ordered the respondent to
cease and desist from further violation. J.
Theodore Meyer dissented.
93-119
People of the State of Illinois v. Treasure
Chest Advertising Company, Inc., an
Illinois corporation - The Board accepted a
stipulation and settlement agreement filed by
the parties in this air enforcement action
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/ September 8, 1993
Environmental Register No. 474
Environmental Register No. 474
involving a DuPage County facility,
imposed a $18,500 civil penalty against the
respondent, and ordered the respondent to
cease and desist from further violation. J.
Theodore Meyer dissented.
93-120
People of the State of Illinois v. Chicago
Industrial Waste Haulers, Inc., an Illinois
corporation - The Board accepted a
stipulation and settlement agreement filed by
the parties in this land enforcement action
involving Cook and Sangamon County
facilities, imposed a $7,000 civil penalty
against the respondent, and ordered the
respondent to cease and desist from further
violation. J. Theodore Meyer dissented.
93-143
DuPage Enterprises, Inc. v. EPA - The
Board dismissed this petition for review of
an underground storage tank reimbursement
determination involving a DuPage County
facility as untimely filed.
AS 90-2
In the Matter of: Petition of Shell Oil
Company for Adjusted Standard 35 Ill.
Adm. Code 302.102, 302.208, and Subpart
F, Procedure for Determining Water Quality
Criteria - The Board granted voluntary
dismissal of this petition for an adjusted
standard from certain of the water pollution
control regulations for this Madison County
facility.
AS 91-6
In the Matter of: Petition of Dart Container
Corporation of Illinois for Adjusted
Standard from 35 Ill. Adm. Code
218.986(a) - The Board granted this Kane
County facility an adjusted standard from
certain of the air pollution control volatile
organic emissions
regulations, subject to conditions.
AC 93-25
County of Jackson v. Bernice Wallace - The
Board granted voluntary dismissal of this
citation against a Jackson County facility.
R93-6
In the Matter of: UIC Update, USEPA
Regulations (July 1, 1992 through December
31, 1992), Adopted Rule, Final Order,
Opinion and Order -
See Rulemaking
Update.
NEW CASES
NEW CASES - August 5, 1993 BOARD MEET
- August 5, 1993 BOARD MEETING
ING
93-135
City of Springfield, Illinois v. EPA - The
Board held this petition for a variance from
certain of the water pollution control
regulations for a Sangamon County facility
for agency recommendation.
93-136
Safety-Kleen Corporation (Caseyville
Service Center) v. EPA - The Board
accepted this RCRA permit appeal involving
a St. Clair County facility for hearing.
93-137
Safety-Kleen Corporation (Caseyville
Service/Accumulation Center) v. EPA -
The Board accepted this RCRA permit
appeal involving a St. Clair County facility
for hearing.
93-138
Safety-Kleen Corporation (Urbana Service
Center Facility) v. EPA - The Board
accepted this RCRA permit appeal involving
a Champaign County facility for hearing.
Environmental Register No. 474
Environmental Register No. 474
September 8, 1993/Page
September 8, 1993/Page 7
7
93-139
The Ensign-Bickford Company v. EPA -
The
Board accepted this petition for a variance
from certain of the air pollution control
regulations for a Union County facility for
hearing.
93-140
CP Inorganics, Inc. v. EPA - The Board
accepted this air permit appeal involving a
Will County facility for hearing.
93-142
Haco, Inc. v. EPA - The Board accepted
this RCRA permit appeal involving a Logan
County facility for hearing.
93-143
DuPage Enterprises, Inc. v. EPA -
See Final
Actions.
93-144
People of the State of Illinois v. Anchor
Glass Container Corporation - The Board
ordered publication of a notice of filing of a
stipulation and settlement agreement in this
air enforcement action involving a LaSalle
County facility.
FINAL ACTIONS
FINAL ACTIONS - August 20, 1993 SPECIAL BOARD MEETING
- August 20, 1993 SPECIAL BOARD MEETING
90-135
The Grigoleit Company, an Illinois
corporation v. IEPA &
92-110
In the Matter of: Trade Secret Claim by the
Grigoleit Company, an Illinois corporation -
The Board granted a joint motion to remand
both cases back to the Agency.
93-149
Precoat Metals v. IEPA - Upon receipt of an
Agency recommendation, the Board granted
this Cook County facility a provisional
variance with conditions from certain of the
air pollution control volatile organic
emissions limitations due to a failure during
testing of emissions control equipment.
NEW CASES
NEW CASES - August 20, 1993 SPECIAL BOARD MEETING
- August 20, 1993 SPECIAL BOARD MEETING
93-149
Precoat Metals v. IEPA -
See final Actions.
R93-15
In the Matter of: Emergency Amendments
to the Open-Burning Rules, 35
Ill. Adm. Code 327.121,
Adopted Rule, Final Order -
See Rulemaking Update.
FINAL ACTIONS
FINAL ACTIONS - August 26, 1993 BOARD MEETING
- August 26, 1993 BOARD MEETING
91-158
Commonwealth Edison (Crawford
Generating Station) v. EPA &
91-179
Commonwealth Edison (West Cermak Road
in Chicago) v. EPA - The Board granted
voluntary dismissal of these consolidated
NPDES permit appeals involving Cook
County facilities.
91-178
Commonwealth Edison (Patterson Road in
Joliet) v. EPA &
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/ September 8, 1993
Environmental Register No. 474
Environmental Register No. 474
91-180
Commonwealth Edison (Larkin Avenue in
Joliet) v. EPA - The Board granted
voluntary dismissal of these consolidated
NPDES permit appeals involving Will
County facilities.
91-192
People of the State of Illinois v. Prairie
Material Sales, an Illinois corporation - The
Board accepted the a stipulation and
settlement agreement, in which the Kane
County respondent denied the alleged air
violations, imposed a $2,500 civil penalty
payable into the Environmental Protection
Trust Fund, and ordered the respondent to
cease and desist from further violation.
91-199
Commonwealth Edison Company v. EPA -
The Board granted voluntary dismissal of
this NPDES permit appeal involving an
Ogle County facility.
92-29
Safety-Kleen Corp. (Pekin-Tazewell
County) v. EPA - The Board granted
voluntary dismissal of this RCRA permit
appeal involving a Tazewell and Peoria
County facility.
92-117
IEI Barge Services, Inc. v. EPA - The Board
granted voluntary dismissal of this air
variance proceeding involving a Jo Daviess
County facility.
92-121
People of the State of Illinois v. Minnesota
Mining and Manufacturing Company a/k/a
3M, a Delaware corporation - The Board
accepted the a stipulation and settlement
agreement, in which the Rock Island County
respondent neither admitted nor denied the
alleged land pollution control violations,
imposed a $30,000 civil penalty payable into
the Hazardous Waste Fund, and ordered the
respondent to cease and desist from further
violation.
92-140
Motor Wheel Corporation v. EPA - The
Board granted voluntary dismissal of this
RCRA permit appeal involving a LaSalle
County facility.
92-142
In the Matter of: Petition of Illinois Power
Company (Clinton Power Station) For
Hearing Pursuant to 35 Ill. Adm. Code
302.211(j) to Determine Specific Thermal
Standards - The Board granted this DeWitt
County facility a thermal effluent standard
with conditions.
92-203
Chuck & Dan's Auto Service v. EPA - The
Board affirmed the Agency's denial of
reimbursement of $17,758.74 in handling
charges in excess of 15 percent, $355.00 in
mileage charges, $65.00 in shipping
charges, and $3000.00 in personnel costs
incurred in preparing its request for
reimbursement from the Underground
Storage Tank Fund, and reversed Agency's
denial of $3,152.00 in reimbursement for
tank removal costs at this LaSalle County
facility. M. Nardulli dissented.
93-84
Consolidation Coal Company v. EPA - The
Board affirmed the Agency's denial of
eligibility for reimbursement from the
Underground Storage Tank Fund for this
Perry County facility.
93-100
ZMC, Inc. (Omni Products) v. EPA - The
Board affirmed the Agency's denial of
eligibility for reimbursement of $16,167.45
in pre-notification corrective action costs
from the Underground Storage Tank Fund
for this Perry County facility.
93-133
People of the State of Illinois v. Blommer
Chocolate Company, a Delaware
corporation - The Board accepted a
stipulation and settlement agreement, in
which the Cook County respondent admitted
air violations, imposed a $20,000 civil
penalty payable into the Environmental
Protection Trust Fund, and ordered the
respondent to cease and desist from further
violation.
93-134
People of the State of Illinois v. Ecologic,
Inc., d/b/a Zinc Company of America - The
Board accepted a stipulation and settlement
agreement, in which the Bureau County
respondent denied the alleged air violations,
imposed a $19,500 civil penalty payable into
the Environmental Protection Trust Fund,
and ordered the respondent to cease and
desist from further violation.
93-146
Sto-Jo Joint Venture v. EPA - The Board
dismissed as unripe this underground storage
tank reimbursement eligibility determination
appeal involving a Cook County facility.
93-154
Village of Winnetka v. EPA - Upon receipt
of an Agency recommendation, the Board
granted the petitioner a 45-day provisional
Environmental Register No. 474
Environmental Register No. 474
September 8, 1993/Page
September 8, 1993/Page 9
9
variance from the prohibition against
violation of a water quality standard to allow
it to treat its water intakes against zebra
mussel infesta-
tion at its Cook County facility.
93-155
Village of Monmouth v. EPA - Upon receipt
of an Agency recommendation, the Board
granted the petitioner a 45-day provisional
variance from certain of the effluent quality
standards to allow it to make repairs to
certain equipment at its Warren County
facility.
AC 92-64
County of Ogle v. Rochelle Disposal
Service, Inc. and City of Rochelle - The
Board found that the respondents violated
Section 21(o)(5) of the Act and imposed a
$500.00 civil penalty against this Ogle
County facility.
AC 93-27
EPA v. Oliver A. Smith - The Board
granted voluntary dismissal of this
administrative citation against a Macoupin
County facility.
AC 93-33
EPA v. Glenn Schriner - The Board granted
voluntary dismissal of this administrative
citation against a Mercer County facility.
NEW CASES
NEW CASES - August 26, 1993 BOARD MEET
- August 26, 1993 BOARD MEETING
ING
93-145
People of the State of Illinois v. Monarch
Asphalt Co. - The Board assigned this air
enforcement action against a Logan County
facility for hearing.
93-146
Sto-Jo Joint Venture v. EPA -
See Final
Actions
.
93-147
Village of Grantfork v. EPA - The Board
ordered the submission of more information
in this public water supply variance
proceeding involving a Madison County
facility.
93-148
R. Lavin & Sons, Inc. v. EPA - The Board
accepted this RCRA closure plan permit
appeal involving a Lake County facility for
hearing.
93-150
Robert Miehle v. Chicago Bridge and Iron
Company - The Board held this citizen's
underground storage tank enforcement
action against a Cook County facility for a
frivolous and duplicitous determination.
93-151
Mobil Oil Corporation v. EPA - The Board
this petition for a variance from certain of
the water pollution control regulations for a
Will County facility for the Agency's
recommendation.
93-152
Delta Air Lines, Inc. v. EPA - The Board
accepted this RCRA closure plan permit
appeal involving a Cook County facility for
hearing.
93-153
The Grigoleit Company v. EPA - The Board
held this request for trade secrets
determination for a Macon County facility
until the next Board meeting.
93-154
Village of Winnetka v. EPA -
See Final
Actions
.
93-155
Village of Monmouth v. EPA -
See Final
Actions
.
AS 93-4
In the Matter of: Petition of Conversion
Systems, Inc. for an Adjusted Standard from
35 Ill. Adm. Code 811 (liner requirements) -
The Board accepted this petition for a
statewide adjusted standard from the landfill
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10/ September 8, 1993
/ September 8, 1993
Environmental Register No. 474
Environmental Register No. 474
liner requirements. B. Forcade and C.
Manning dissented.
AS 93-5
In the Matter of: Petition of Conversion
Systems, Inc. for an Adjusted Standard from
35 Ill. Adm. Code 811 (monofill) - The
Board accepted this petition for a statewide
adjusted standard from certain of the landfill
requirements for monofills. B. Forcade and
C. Manning dissented.
AS 93-7
In the Matter of: Petition of Keystone Steel
and Wire for an Adjusted Standard from 35
Ill. Adm. Code 721.132 (hazardous waste
delisting) - The Board accepted an amended
petition for a hazardous waste delisting for a
Peoria County facility.
AS 93-8
In the Matter of: Petition of AKZO
Chemicals, Inc. for an Adjusted Standard
from 35 Ill. Adm. Code 811 (liner
requirements) - The Board held this petition
for an standard from certain of the water
pollution control regulations for this Grundy
County facility.
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.
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 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
Street, Illiopolis.
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
10:00 a.m.
PCB 93-55
UST-FRD
Clarendon Hills/Bridal Center (Learsi & Co., Inc.) v. EPA - Clarendon Hills
Village Hall, Board Room, 1 North Prospect Avenue, Clarendon Hills.
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.
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Environmental Register No. 474
September 8, 1993/Page
September 8, 1993/Page 11
11
September 29
10:00 a.m.
PCB 93-55
UST-FRD
Clarendon Hills/Bridal Center (Learsi & Co., Inc.) v. EPA - Clarendon Hills
Village Hall, Board Room, 1 North Prospect Avenue, Clarendon Hills.
October 1
10:00 a.m.
AC 93-13
AC
County of Will v. Arthur Hammel (Lockport Township/Hammel) Docket No. WC
93 AC 1 - Will County Courthouse, 14 West Jefferson Street, Joliet.
October 1
10:00 a.m.
R 90-26
Land
In the Matter of: Steel and Foundry Industry Amendments to the Landfill
Regulations, 35 Ill. Adm. Code 810 through 815, James R. Thompson Center, 100
West Randolph Street, Room 9-040, Chicago.
October 4
10:00 a.m.
PCB 93-142
P-A, RCRA
HACO, Inc. v. EPA - Logan County Courthouse, Room 36, 601 Broadway,
Lincoln.
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 5
9:30 a.m.
PCB 93-58
UST-E
People of the State of Illinois v. Keller Oil Properties, Inc. - Municipal Building,
8th & Monroe Street, Springfield.
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 13
10:00 a.m.
R 90-26
Land
In the Matter of: Steel and Foundry Industry Amendments to the Landfill
Regulations, 35 Ill. Adm. Code 810 through 815, James R. Thompson Center, 100
West Randolph Street, Room 9-025, Chicago. (
SUBJECT TO CANCELLATION
at
or after the October 13, 1993 hearing.)
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 22
9:30 a.m.
PCB 92-210
UST-FRD
Estate of Larry Junkin, by Patricia Junkin, Executrix v. EPA - City of Champaign
Municipal Building, City Council Chambers, 102 North Neil Street, Champaign.
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
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.
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/ September 8, 1993
Environmental Register No. 474
Environmental Register No. 474
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 16
10:00 a.m.
PCB 93-15
N-E, Citizens
Dorothy Furlan and Michael Furlan v. University of Illinois School of Medicine -
Rockford Public Library, Meeting Room A, 215 North Wyman, Rockford.
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 6
9:00 a.m.
PCB 93-138
P-A, RCRA
Safety-Kleen Corp (Urbana Service Center) v. EPA - Urbana City Building, First
Floor, 400 South Vine Street, Urbana.
December 7
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.
December 16
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W.
Randolph St., Conference Room 9-040, Chicago.
January 6
10:00 a.m.
PCB 93-128
P-A, RCRA
National Coatings, Inc. v. EPA - County Board Room, Knox County Courthouse,
200 South Cherry Street, Galesburg.
January 10
9:00 a.m.
PCB 91-197
P-A, RCRA
Cabot Corporation (Tuscola Facility) v. EPA - Douglas County Courthouse, First
Floor, County Board Room, 401 South Center Street, Tuscola.
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
Environmental Register No. 474
Environmental Register No. 474
September 8, 1993/Page
September 8, 1993/Page 13
13
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
NOTICE OF PUBLIC HEARING ON PROPOSED
STATE IMPLEMENTATION PLAN SUBMITTAL
Date, Time & Place of Public Hearing:
Friday, October 15, 1993, 10:00 a.m.
Illinois Environmental Protection Agency Bureau of Air
1240 North Ninth Street, TQM training room
Springfield, Illinois 62794-9276
Other Pertinent Information:
The hearing will be held for the purpose of gathering public comment on the following State Implementation Plan
submittals:
1)
15% Reasonable Further Progress Plan for Chicago and Metro-East (St. Louis) ozone nonattainment areas
2)
Photochemical Assessment Monitoring Stations
3)
The Chicago, Metro-East (St. Louis) and Jersey County ozone nonattainment area Base Year Inventories of
1990 for volatile organic material, oxides of nitrogen and carbon monoxide
4)
Jersey County redesignation as attainment for ozone
Copies of the 15% Reasonable Further Progress statement for Chicago and Metro-East, the Photochemical
Assessment Monitoring Stations proposal, the Chicago, Metro-East and Jersey County Base Year Inventory of 1990,
and the redesignation proposal for Jersey County, may be viewed by the public prior to hearing during regular
business hours (Monday through Friday, 8:30 a.m. until 4:30 p.m., except for state or national holidays) at the
Illinois Environmental Protection Agency's office at 1240 North Ninth Street, Springfield, Illinois; 1701 South First
Avenue, Maywood, Illinois; and at the Illinois Environmental Protection Agency's Regional Office in Collinsville,
2009 Mall Street, Collinsville, Illinois.
Appendix B "Individual 1990 Point Source Data Listing: VOM, NOx, CO" of the Illinois Environmental Protection
Agency's ("Agency" or "IEPA") Base Year Inventory has been compiled on computer disk. The Agency will place a
copy of this disk at each of the regional offices listed above. Security measures will be implemented to protect the
integrity of the data. First, the data on each regional office disk will be in read only format. Second, each disk shall
remain at the regional office. Finally, no walk-in requests for a copy of this disk or its contents will be
accommodated.
Upon receipt of written request in Springfield, the IEPA will provide any individual with a disk containing Appendix
B of the Base Year Inventory. Requests and public inquires should be directed to:
Kyle Nash Davis
Assistant Counsel
Bureau of Air
P.O.Box 19276
Springfield, Illinois 62794-9276
217/524-3333
In addition, please specify your request for data in either "database
1
" or "pure text" format. Allow five business days
from mailing for delivery.
The hearing will be for the sole purpose of gathering public comment on the proposed submittals. Persons interested
1
If your computer system is equipped for database software, this format will allow you to identify data relating to
your business by searching for your facility id number.
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14/ September 8, 1993
/ September 8, 1993
Environmental Register No. 474
Environmental Register No. 474
in presenting testimony at this hearing are advised that the Department will adhere to the following procedures in the
conduct of the hearing.
1.
Each person presenting oral testimony will be limited to fifteen (15) minutes for the presentation of such
testimony. No person will be recognized to speak for a second time until all persons wishing to testify have
done so.
2.
The hearing will be held under the provisions of the Agency's "Procedures for Informational and Quasi-
Legislative Public Hearings," 35 Ill. Adm. Code 164. Copies of these rules may be obtained upon request
from the IEPA Hearing Officer, see address below.
CLOSURE OF THE HEARING RECORD.
The Hearing Record will close on october 27, 1993. Written comments need not be notarized and should be postmarked
before midnight October 27, 1993. Please mail written comments to:
John Williams
IEPA Hearing Officer
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield, Illinois 62794-9276
Phone 217-782-5544
Environmental Register No. 474
Environmental Register No. 474
September 8, 1993/Page
September 8, 1993/Page 15
15
Printed by Authority of the State of Illinois, September 8, 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:
Claire A. Manning, Chairman
Springfield, Illinois
Joan G. Anderson
Ronald C. Flemal
Bill S. Forcade
Western Springs, Illinois
DeKalb, Illinois
Chicago, Illinois
G. Tanner Girard
J. Theodore Meyer
Michael L. Nardulli
Grafton, Illinois
Chicago, Illinois
Chicago, Illinois
The Environmental Register is a newsletter published by the Board after every Board meeting.
The Register provides updates on rulemakings and other information, lists final actions, and contains
the Board's hearing calendar. The Register is provided free of charge.
Illinois Pollution Control Board
State of Illinois Center, 11-500
100 West Randolph Street
Chicago, Illinois 60601
(312) 814-3620
Address Correction Requested.