Printed on Recycled Paper
    E
    E
    NVIRONMENTAL
    NVIRONMENTAL
    R
    R
    EGISTER
    EGISTER
    Illinois Pollution Control Board News
    Illinois Pollution Control Board News
    No. 483
    No. 483
    June 1, 1994
    June 1, 1994
    APPELLATE UPDATE
    APPELLATE UPDATE
    FAILURE TO NAME A NECESSARY PARTY RESULTED IN
    DISMISSAL OF APPEAL
    The Fifth District appellate court dismissed an appeal of a Board
    decision on March 22, 1994, in
    Environmental Control Systems, Inc.
    v. PCB
    (5th Dist. 1994), -- Ill. App. 3d --, 630 N.E.2d 554. The court
    held that it lacked jurisdiction because the applicant failed to name a
    necessary party: the Madison County Board (county board), the
    unit of local government whose decision the Board reviewed.
    The county board granted local siting approval for a regional
    pollution control facility proposed by the applicant on December 18,
    1990. The Madison County Conservation Alliance (MCCA)
    appealed that decision to the Board, naming the county board and
    the applicant as respondents. On April 11, 1991, under docket
    number PCB 90-239, the Board reversed the county board's
    decision. The applicant appealed the Board's decision to the Fifth
    District on May 9, 1991, naming the Board and MCCA as
    respondents. On August 28, 1991, the Board filed a motion to
    dismiss for failure to name the county board in the appeal, and the
    court issued an order to show cause. On December 19, 1991, the
    applicant filed a motion with the Fifth District to name the county
    board as a respondent. The appellate court granted dismissal
    because the petition for review was deficient under Supreme Court
    rule 335.
    The Fifth District held that a failure to name a necessary party in
    an appeal deprives the appellate court of jurisdiction. The court
    stated that "parties seeking review of PCB decision must show . . . a
    good faith effort to comply with the rules or face dismissal of their
    cases. . . . In order to obtain judicial review, a petition for review
    must be filed within 35 days of the PCB decision about which the
    petitioner complains. . . . 'The petition for review . . . shall specify
    the parties seeking review . . ..
    The agency and all other parties of
    record shall be named as respondents
    .'" The court found that the
    applicant did not demonstrate a good faith effort to name the county
    Board, since the applicant did not move to name the county board
    until after the Board has filed its motion to dismiss and the court
    issued its show-cause order. The court held that Supreme Court
    rule 366, which allows adding new parties, was inapplicable to the
    case because it felt it could only apply to a new party. It further
    found nothing in section 3-111 of the rules of civil procedure
    (administrative review) that would have allowed adding a necessary
    party. The Fifth District denied leave to amend the petition and
    dismissed the appeal because it lacked jurisdiction.
    (
    Editor's Note: for a case in which the Fifth District allowed
    correction of the caption to name an additional respondent (the
    Board), see Worthen v. Village of Roxana (5th Dist. 1993), 253 Ill.
    App. 3d 378, 623 N.E.2d 378 (appeal of PCB 90-239), discussed in
    issue 477, Dec., 1993.
    )
    COSTS OF SEEKING REIMBURSEMENT ARE NOT
    REIMBURSABLE; THE AGENCY IMPROPERLY LIMITED
    REIMBURSEMENT OF HANDLING CHARGES TO 15%
    In an opinion dated May 19, 1994, in
    Chuck and Dan's Auto
    Service v. IEPA
    (3d Dist. May 19, 1994), No. 3-93-751, the Third
    District Appellate Court affirmed in part and reversed in part a Board
    affirmance of an Agency denial of reimbursement for costs for
    remediation of leaking underground storage tanks. The opinion is
    marked "not to be published" by the court.
    The petitioner, the owner of a gasoline service station, submitted
    a request for reimbursement, pursuant to former Section 22.18 of
    the Environmental Protection Act (Act), of the costs it incurred in
    taking corrective action with regard to multiple leaking underground
    gasoline storage tanks. Included in the costs submitted was a
    charge for preparing and submitting the request for reimbursement
    and a 56 percent handling charge. The Agency made partial
    reimbursement, but denied the costs of seeking reimbursement and
    that portion of the handling charges over 15 percent. The petitioner
    appealed the Agency's determination before the Board, and the
    Board affirmed the Agency's denial in an order dated August 26,
    1993, under docket number PCB 92-203. The petitioner appealed
    the Board's decision to the Third District.
    The Third District first held that the costs of seeking
    reimbursement were not the costs of "corrective action" under
    former Section 22.18(e)(1)(C) of the Act. It affirmed the Board's
    decision on this point. The court observed that that provision
    defined "corrective action" as action that alleviates or eliminates a
    petroleum release and which serves to protect human health and
    the environment.
    The court then reversed the Board's upholding the Agency's 15
    percent limitation on handling charges. The court noted that the
    Agency applied the 15 percent limitation generally to all seeking
    reimbursement. The court noted that the Act authorized the Agency
    to promulgate rules to administer the reimbursement fund and found
    that the 15 percent limitation on reimbursement of handling charges
    met the Administrative Procedure Act (APA) definition of a "rule".
    The court observed that the Agency developed this limitation
    internally, and many of the Agency-disseminated reimbursement
    forms included this limitation, but the Agency did not follow the
    formal public notice, comment, and filing procedures of the APA in
    adopting the limitation. Following
    Senn Park Nursing Center v.
    Miller
    (Ill. 1984), 104 Ill. 2d 169, 470 N.E.2d 1029, and
    Berrios v.
    Rybacki
    (1st Dist. 1989), 190 Ill. App. 3d 338, 546 N.E.2d 651, the
    Third District invalidated the limitation. Because the Agency had
    stipulated that the total amount in the invoices submitted to the
    applicant by the contractor for site remediation were reasonable, the
    court ordered payment of the disputed charges without remanding
    the case. The court felt that the stipulation relieved the applicant of
    the burden of proving that the handling charges were reasonable.

    Page
    Page 2
    2/ June 1, 1994
    / June 1, 1994
    Environmental Register No. 483
    Environmental Register No. 483
    (Editor's Note: In the conclusion of its opinion, the court noted that
    the factual situation before it was unlikely to recur. P.A. 88-496,
    effective September 13, 1993 (issue 475, Oct. 6, 1993), adopted
    new provisions governing underground storage tank remediation
    and cost reimbursement. Further, presently pending rulemaking
    docket R94-2, proposes new procedural rules for leaking
    underground storage tank proceedings. (Issue 481, Apr., 1994.)
    RULEMAKING UPDATE
    RULEMAKING UPDATE
    EMERGENCY RULE EXTENDS DEADLINE FOR COMPLIANCE
    WITH RCRA SUBTITLE D LANDFILL REGULATIONS, R94-13
    The Board adopted an emergency rule on May 5, 1994 that
    extends the deadline for compliance with the RCRA Subtitle D
    landfill regulations. This emergency rule extends the deadline for
    compliance with the regulations until October 9, 1994 for certain
    existing facilities and lateral expansions of existing facilities. The
    facilities affected are two groups of municipal solid waste landfills
    (MSWLFs) that meet certain conditions. The first group includes
    MSWLFs that accepted 100 tons or less per day of waste between
    October 9, 1991 and October 9, 1992, which did not accept more
    than 100 tons per day between October 9, 1993 and April 9, 1994,
    and which are not listed on the National Priority List under the
    federal Comprehensive Environmental Response, Compensation,
    and Liability Act (CERCLA or "Superfund") at 40 CFR 300, appendix
    B. The second group of exempted landfills includes MSWLFs that
    the Illinois EPA has found is needed for receipt of flood-related
    wastes.
    The Board adopted the emergency rule, which is effective for a
    maximum of 150 days from the date it was filed with the Secretary
    of State, May 12, 1994, was in response to a statutory amendment.
    On April 30, 1994, the Governor signed Public Act 88-540 (formerly
    Senate Bill 405) into law. This amended Section 22.40(c) of the
    Environmental Protection Act, effective upon the signing, to extend
    the deadline until which landfills may continue operating without
    having to meet the new stricter RCRA Subtitle D requirements.
    (
    Issue 482, May, 1994.
    ) Direct questions to Marie E. Tipsord, at
    312-814-4925 or 618-498-9803. Please refer to docket R94-13.
    PM
    10
    CONTINGENCY MEASURE AMENDMENTS PROPOSED
    FOR SECOND NOTICE, R93-30
    On May 5, 1994, the Board proposed amendments to the PM
    10
    regulations for Second Notice review by the Joint Committee on
    Administrative Rules (JCAR). The proposal would establish
    contingency rules for additional reductions in PM
    10
    emissions in the
    areas of the state designated as moderate nonattainment by U.S.
    EPA, in the event U.S. EPA finds that the area has failed to achieve
    compliance by December 31, 1994. Those areas are McCook and
    Lake Calumet Townships in Cook County, Granite City in Madison
    County, and a portion of Oglesby Township in LaSalle County.
    The Illinois EPA (Agency) filed the new Clean Air Act (CAA) rule-
    making proposal for amendments on December 30, 1993 pursuant
    to the "fast-track" rulemaking provisions of Section 28.5 of the
    Environmental Protection Act. On January 6, 1993, the Board
    proposed the amendments for First Notice publication in the
    Illinois
    Register
    without review of their merits, as required by the statute.
    Section 28.5 required the Board to proceed within set time-frames
    toward the adoption of the proposed amendments. The Board
    lacked any discretion under the statute to adjust these time-frames
    under any circumstances.
    The Board held a public hearing on the Agency's proposal on
    February 22, 1994. Hearings originally scheduled for March 22 and
    April 5, 1994 were cancelled because the level of public interest and
    participation so warranted. After the Board has received a
    Certificate of No Objection from JCAR or 45 days have elapsed
    from the date when JCAR received the Second Notice package for
    review (May 16, 1994), the Board will be free to adopt a regulation
    based on the proposed rule without deviation from the text as
    proposed, unless changes are requested by JCAR. Direct
    questions to Elizabeth S. Harvey, at 312-814-6921. Please refer to
    docket R93-30.
    SITE-SPECIFIC EFFLUENT LIMITATIONS FOR AMEROCK
    CORP. PROPOSED FOR SECOND NOTICE, R87-33
    On May 5, 1994, the Board proposed a site-specific regulation for
    Second Notice review by the Joint Committee on Administrative
    Rules (JCAR) that would apply to the Rockford facility of Amerock
    Corporation. The proposed rule would set alternative chromium
    (total and hexavalent), copper, zinc, cyanide, and total suspended
    solids limitations on the petitioner's stormwater discharges to Kent
    Creek, in Winnebago County. It would lapse by its own terms after
    December 31, 2000.
    After the Board has received a Certificate of No Objection from
    JCAR or 45 days have elapsed from the date when JCAR received
    the Second Notice package for review (May 16, 1994), the Board
    will be free to adopt a regulation based on the proposed rule without
    deviation from the text as proposed, unless changes are requested
    by JCAR. Direct questions to Elizabeth S. Harvey, at 312-814-
    6921. Please refer to docket R87-33.
    CATEGORIES OF INSIGNIFICANT ACTIVITIES OR LEVELS AT
    CAAPP SOURCES RULEMAKING PROPOSAL FILED,
    PROPOSED FOR FIRST NOTICE & SET FOR HEARING, R94-14
    On May 11, 1994, the Illinois Environmental Protection Agency
    (Agency) filed a new Clean Air Act (CAA) rulemaking proposal with
    the Board. On May 19, 1994, the Board accepted the proposal as a
    Section 28.5 "fast-track" rulemaking proceeding and set it for
    hearings.
    The Agency represented in the filing that section 502(d) of the
    federal CAA mandates the state to develop and submit a permit
    program (CAAPP) to U.S. EPA by November 15, 1993 that meets
    Title V of the CAA. Section 39.5(5)(w) of the Environmental
    Protection Act (Act), which the Illinois General Assembly adopted to
    fulfill the federal requirements, requires the Agency to propose
    regulations that define insignificant activities or emission levels by
    March 26, 1994. Section 39.5(5)(w) then requires the Board to
    conduct proceedings on the proposal and adopt final regulations in
    this regard within nine months of receiving the Agency's proposal.
    The rulemaking proposal contemplates amendments to Part 201
    and 211 of the air pollution control regulations. The new proposal,

    Environmental Register No. 483
    Environmental Register No. 483
    June 1, 1994/Page
    June 1, 1994/Page 3
    3
    which is docketed as R94-14, seeks to amend various of the air
    permit regulations to set forth informational requirements for
    sources subject to Section 39.5 of the Act. The Agency stated that
    CAA requires a source to submit detailed activities and emissions
    information in its application for a CAAPP permit, but that certain
    insignificant activities and emissions may be submitted as a list.
    The Agency's stated purpose in submitting the proposal is to define
    insignificant activities and emissions.
    This rulemaking was filed pursuant to the "fast-track" rulemaking
    provisions of Section 28.5 of the Act. As previously reported for
    earlier-filed CAAA proceedings, (
    See Environmental Register issues
    461 (Dec. 2, 1992), 462 (Dec. 16, 1992), 465 (Feb. 24, 1993), 467
    (Mar. 24, 1993), 468 (Apr. 7, 1993), 478 (Jan., 1994) & 482 (May,
    1994).
    ), 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 presentations by the Agency and questions of
    Agency witnesses. The second scheduled day of hearing, if it
    occurs, is reserved for presentations 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. The hearings will be continued from day to day, as
    necessary, until all business is completed. However, the second
    and third hearing dates are subject to cancellation if the level of
    public interest and participation so warrant.
    The hearing officer has set three days of public hearings on the
    Agency's proposal:
    10:30 a.m., Wednesday, June 29, 1994
    10:30 a.m., Tuesday, July 26, 1994
    10:30 a.m., Monday, August 8, 1994
    All three days of hearings are scheduled to occur at Room 9-040 of
    the James R. Thompson Center, 100 W. Randolph, Chicago. Direct
    questions to Diane F. O'Neill, at 312-814-6062. Please refer to
    docket R94-14.
    PART I 15% ROP PLAN FOR VOM EMISSIONS PROPOSED
    FOR FIRST NOTICE & SET FOR HEARING, R94-12
    On May 5, 1994, the Board proposed a new Clean Air Act (CAA)
    rulemaking proposal for First Notice publication in the
    Illinois
    Register
    . The newly proposed amendments, which are docket R94-
    12, would amend the volatile organic material (VOM) emissions
    regulations to begin to incorporate a plan for a 15 percent reduction
    in 1990 VOM emissions levels in the Chicago and Metro-East St.
    Louis areas (15% ROP plan). (
    Issue 482, May, 1994.
    ) According to
    representations made by the Illinois EPA (Agency) in the April 24,
    1994 proposal that initiated this proceeding, the state is federally
    required to reduce VOM emissions by 159 tons per day (tpd) in the
    Chicago area and by 36 tpd in the Metro-East area. The Agency
    stated that the proposal would constitute Part I of a broader 15%
    ROP plan. The Agency contemplated filing future proposals for
    additional parts of the overall ROP plan, in order to achieve the
    federal reductions requirements.
    The Part I proposed amendments contemplate the use of
    pressure-vacuum relief valves on vent tubes at gasoline dispensing
    operations in both the Chicago and Metro-East areas and a
    lowering of the Reid vapor pressure (RVP) on gasoline from 9.0 psi
    to 7.2 psi in the Metro-East area. (Section 211(k) of the CAA will
    already require this RVP reduction in the Chicago area.) The
    Agency estimated that the use of pressure-vacuum relief valves will
    reduce emissions by 4 tpd in the Chicago area and by 0.4 tpd in the
    Metro-East area. The use of 7.2 RVP fuel will reduce emissions 8.5
    tpd in the Metro-East St. Louis area.
    This rulemaking was accepted by the Board pursuant to the "fast-
    track" rulemaking provisions of Section 28.5 of the Environmental
    Protection Act (Act). 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. Section 28.5 of
    the Act requires the Board to schedule three hearing dates in this
    matter, each for a prescribed purpose. The first day of hearing is
    reserved for presentations by the Agency and questions of Agency
    witnesses. The second scheduled day of hearing, if it occurs, is
    reserved for presentations 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. The hearings will be continued from day to day, as
    necessary, until all business is completed. However, the second
    and third hearing dates are subject to cancellation if the level of
    public interest and participation so warrant. The Board has
    scheduled hearings to occur in Room 9-040 of the James R.
    Thompson Center, 100 W. Randolph, Chicago, as follows:
    10:00 a.m., Friday, June 17, 1994
    10:00 a.m., Thursday, July 14, 1994
    10:30 a.m., Wednesday, July 27, 1994
    Direct questions to Michelle C. Dresdow, at 815-753-0947. Please
    refer to docket R94-12.
    PART II 15% ROP PLAN FOR VOM EMISSIONS SET FOR
    HEARING, R94-15
    On May 26, 1994, the Agency filed a new Clean Air Act (CAA)
    rulemaking proposal with the Board. The new proposal, which is
    docket R94-15, seeks to amend the volatile organic material (VOM)
    emissions regulations to continue to incorporate a plan for a 15
    percent reduction in 1990 VOM emissions levels in the Chicago and
    Metro-East St. Louis areas (15% ROP plan). The Agency
    represented in the filing that section 182(b)(1) of the federal Clean
    Air Act mandates these reductions in all nonattainment areas for
    ozone by 1996. The Chicago and Metro-East areas are rated by
    U.S. EPA as "severe" and "moderate" nonattainment, respectively.
    The Agency states that the state must reduce the VOM emissions
    by 159 tons per day (tpd) in the Chicago area and by 36 tpd in the
    Metro-East area. The Agency stated that this proposal would
    constitute Part II of a broader 15% ROP plan. This is the second
    15% ROP plan filing, and the Agency contemplates filing proposals
    for additional parts of the overall ROP plan in the future, in order to
    achieve the federal reductions requirements.
    The Part II proposal contemplates extending VOM emissions
    control measures to the loading of marine vessels and deletion of
    the exemption for barge loading from the regulations applicable to

    Page
    Page 4
    4/ June 1, 1994
    / June 1, 1994
    Environmental Register No. 483
    Environmental Register No. 483
    "Miscellaneous Fabricated Product Manufacturing Processes",
    "Miscellaneous Formulated Manufacturing Processes",
    "Miscellaneous Organic Chemical Manufacturing Processes", and
    "Other Emissions Units" source categories. The Agency estimated
    that there are presently three sources in the Chicago area and six
    sources in the Metro-East area potentially affected by the
    amendments. The Agency estimates that the amendments will
    reduce VOM emissions by 1.3 tpd in the Chicago area and by 11.82
    tpd in the Metro-East area.
    This rulemaking was filed pursuant to the "fast-track" rulemaking
    provisions of Section 28.5 of the Environmental Protection Act. As
    previously reported for earlier-filed CAA proceedings, (
    See
    Environmental Register issues 461 (Dec. 2, 1992), 462 (Dec. 16,
    1992), 465 (Feb. 24, 1993), 467 (Mar. 24, 1993), 468 (Apr. 7, 1993),
    478 (Jan., 1994) & 482 (May, 1994).
    ), 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 presentations by the Agency and questions of
    Agency witnesses. The second scheduled day of hearing, if it
    occurs, is reserved for presentations 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. The hearings will be continued from day to day, as
    necessary, until all business is completed. However, the second
    and third hearing dates are subject to cancellation if the level of
    public interest and participation so warrant. The Board has
    scheduled hearings to occur in the Department of Transportation
    Classroom, 1100 East Port Plaza Drive, Collinsville, as follows:
    11:00 a.m., Tuesday, July 12, 1994
    11:00 a.m., Tuesday, August 9, 1994
    11:00 a.m., Tuesday, August 23, 1994
    Direct questions to Marie E. Tipsord, at 312-814-4925 or 618-498-
    9803. Please refer to docket R94-15.
    (Editor's Note: This is the second 15 % ROP plan proposal filed
    with the Board. An article on the first, the Part I proposal, docketed
    as R94-12, appears above.)
    DRINKING WATER UPDATE PROPOSED FOR PUBLIC
    COMMENT, R94-4
    On May 5, 1994, the Board proposed amendments to the Illinois
    drinking water regulations that are identical in substance to
    amendments adopted by U.S. EPA pursuant to the federal Safe
    Drinking Water Act (SDWA). A Notice of Proposed Amendments
    appeared in the
    Illinois Register
    on May 20, 1994. The SDWA
    update period covered is from July 1 through December 31, 1994.
    During that period, U.S. EPA amended its regulations to add two
    new methods for analyzing total trihalomethanes (TTHMs) in
    drinking water.
    In addition to the new TTHM methods and in response to a
    request from the Illinois EPA (Agency), the Board included a
    number of corrections to the Phase II amendments originally
    adopted by the Board on November 3, 1992, in R91-3. The Agency
    asserted that the Phase II corrections were necessary to ensure a
    grant of state primacy upon review by U.S. EPA.
    The Board will be free to adopt amendments based on the
    proposal 45 days after the Notice appeared in the
    Illinois Register
    .
    Direct questions to Michael J. McCambridge, at 312-814-6924.
    Please refer to docket R94-4.
    LUST PROCEDURAL RULES HEARINGS COMPLETED, R94-2
    The Board held its final hearing in the leaking underground
    storage tank (LUST) rulemaking, docket R94-2, on June 8, 1994.
    The record closed in the proceeding, entitled
    In the Matter of:
    Regulation of Petroleum Leaking Underground Storage Tanks, 35
    Ill. Adm. Code 732
    , after five days of hearings: April 27, May 23 and
    24, and June 7 and 8, 1994. At the hearings, the Illinois EPA
    (Agency) and other participants offered "merit and economic
    impact" testimony on the Agency proposal, filed March 15, 1994,
    which implements the extensive amendments to the LUST program
    adopted in P.A. 88-496.
    (Issues 475, Oct. 6, 1993 & 481, Apr.,
    1994.)
    In addition to the Agency offering testimony in support of its
    proposal, several other participants offered testimony that either
    supported the Agency's proposal or alternative language to the
    Agency's proposal. Some of the other participants included the
    statutorily-created UST Advisory Committee, the Illinois
    Environmental Regulatory Group (IERG), the Illinois Petroleum
    Marketers Association, the Illinois Petroleum Council, and the Illinois
    Department of Transportation.
    Several participants expressed the desire to sever the docket, to
    create a separate sub-docket to consider generic clean-up
    objectives and alternative methodologies for determining objectives.
    IERG filed a formal motion to sever the docket on June 1, 1994,
    and the Agency filed a response in opposition to that motion on
    June 7, 1994. The Board has taken no action on the IERG motion
    to date.
    The Board is required by P.A. 88-496 to adopt final rules for the
    administration of Illinois LUST program by September 15, 1994.
    Therefore, the Board has a tight adoption schedule. The Board
    intends to place a Second Notice opinion and order on the decisions
    agenda of a mid-to-late July meeting. Anyone planning to file a
    public comment or a post-hearing comment has until June 30, 1994
    to file it with the Clerk of the Board. Any person submitting a
    comment should also serve a copy on each person whose name
    appears on the service list.
    The proposed rules would establish procedures for LUST
    remediation and reimbursement proceedings. The proposal
    includes provisions applicable to remediation of LUST sites,
    administration of the state's LUST reimbursement fund,
    reimbursement from the fund for costs of investigation and
    remediation, and for audit of corrective action efforts. Submit
    requests for a copy of the service list and direct any other questions
    to the hearing officer, Musette Vogel at 217-524-8509. Please refer
    to docket R94-2.
    BOARD ACCEPTS WATER TOXICS PETITION AS FEDERALLY
    REQUIRED, R94-1
    On May 5, 1994, the Board reconsidered an earlier decision that

    Environmental Register No. 483
    Environmental Register No. 483
    June 1, 1994/Page
    June 1, 1994/Page 5
    5
    denied proceeding on a rulemaking proposal as a federally required
    rule. The Board accepted the proposal filed February 24, 1994 by
    the Illinois EPA (Agency) as federally required. The proposal seeks
    to amend certain of the water quality regulations by updating
    various standards for ammonia nitrogen, lead, and mercury. (
    Issue
    481, April, 1994.
    )
    The Agency's proposal proceeded from a mandatory review of
    the Illinois stream water quality regulations required under the
    federal Clean Water Act (33 U.S.C. ยงยง 1251
    et seq.
    ). The proposal
    would amend Parts 302 and 304 of the Water Pollution Control
    regulations to revise the standards for ammonia nitrogen, mercury,
    and lead general water quality standards; secondary contact and
    indigenous aquatic life standards; and other regulations.
    In filing its proposal, the Agency certified pursuant to Section 28.2
    of the Act that certain of the proposed amendments were "federally
    required" under Section 28.2 of the Environmental Protection Act
    (Act). By an order dated March 17, 1994, the Board rejected
    proceeding under the "federally required" procedures because the
    Agency's certification applied to only part of the proposal. The
    Board, nevertheless, accepted the proposal under the general
    rulemaking procedures of Section 27 and stated that it intended to
    proceed as expeditiously as possible.
    Section 28.2 of the Act allows the Agency to certify that certain
    regulatory amendments are federally required rules. It allows the
    Board 45 days to either accept or reject the Agency's certification.
    Pursuant to the Board's order of May 5 construing Section 28.2, the
    Board must propose a First Notice rule for publication in the
    Illinois
    Register
    within six months,
    i.e.
    , by November 5, 1994. Direct
    questions to Charles M. Feinen, at 217-524-8507. Please refer to
    docket R94-1.
    PRETREATMENT UPDATE DISMISSED, R93-20
    The Board dismissed a wastewater pretreatment update docket,
    R93-20, on May 5, 1994. The Board reserved the docket to
    accommodate U.S. EPA amendments to its corresponding
    pretreatment regulations that may have occurred during the period
    January 1 through June 30, 1993. During that period, U.S. EPA
    amended its sewage sludge regulations in a way that affected its
    pretreatment rules: it amended the removal credits provisions.
    In dismissing the docket, the Board noted that U.S. EPA cited
    Sections 405(d) and (e) of the Clean Water Act (CWA) as authority
    for its amendments. The Board observed that Section 13.3 of the
    Environmental Protection Act mandates that it adopt regulations that
    are identical-in-substance to federal regulations adopted pursuant to
    Sections 307(b), (c), and (d) and 402(b)(8) and (b)(9) of the CWA.
    The Board noted the Illinois EPA (Agency) comment that the
    Board's statutory authority for proceeding with amendments to the
    removal credits provisions was "questionable", and that the Board
    should delay development of any proposal. As cited by the Board,
    the Agency stated that it is presently discussing the necessary
    elements of a sewage sludge program with U.S. EPA, and until the
    Agency develops a proposal for submittal to the Board, the federal
    sewage sludge regulations are directly enforceable in Illinois. Direct
    questions to Elizabeth S. Harvey, at 312-814-6921. Please refer to
    docket R93-20.
    FOR YOUR INFORMATION
    AGENCY TO CONDUCT HEARING ON DRAFT
    VEHICLE MILES TRAVELLED SIP REVISION
    The Illinois EPA (Agency) has scheduled a public hearing
    on a draft state implementation plan (SIP) revision before
    submitting the plan to U.S. EPA for review and approval.
    The Agency's notice of hearing states that the prospective
    SIP revision involves Part 254 of the Agency's rules,
    pertaining to annual emissions reports, and relates to vehicle
    miles travelled (VMT) in the Chicago ozone nonattainment
    area. The notice states that Section 182(d)(1)(A) of the
    federal Clean Air Act (CAA) requires Illinois to offset
    emissions from the growth in VMT and attain a re-

    Page
    Page 6
    6/ June 1, 1994
    / June 1, 1994
    Environmental Register No. 483
    Environmental Register No. 483
    duction in motor vehicle emissions to comply with the 15
    percent rate of progress plan (ROP) and to consider trans-
    portation control measures necessary to attain the National
    Ambient Air Quality Standard (NAAQS) for ozone in the
    Chicago nonattainment area.
    The hearing is scheduled for 10:30 a.m., Wednesday,
    June 22, 1994, in Room 8-033, at the James R. Thompson
    Center, 100 West Randolph Street, Chicago. The notice
    states that the record will close Wednesday, June 29, 1994.
    It states that interested persons should contact Rachel
    Doctors, Illinois EPA, P.O. Box 19276, Springfield 62794-
    9276 (phone 217-524-3333) with questions and to obtain
    copies. The notice directs persons to address comments to
    John Williams, Agency Hearing Officer, Illinois EPA, P.O.
    Box 19276, Springfield 62794-9276 (phone 217-782-5544).
    The Agency maintains copies of the draft SIP revision on
    file at its offices in Suite 300, James R. Thompson Center,
    100 West Randolph Street, Chicago; 1701 South First
    Avenue, Maywood; and 1340 North Ninth Street,
    Springfield.
    FINAL ACTIONS
    FINAL ACTIONS - May 5, 1994 BOARD MEETING
    - May 5, 1994 BOARD MEETING
    92-67
    People of the State of Illinois v. Escast, Inc. -
    The Board accepted a stipulation and settle-
    ment agreement in this land enforcement
    action against a DuPage County facility,
    ordered the respondent to pay a civil penalty
    of $1,500.00, and ordered it to cease and
    desist from further violation.
    93-59
    People of the State of Illinois v. Freedom Oil
    Company - The Board found that the respon-
    dent had violated Board regulations in this
    underground storage tank enforcement action
    against facilities in Champaign and Crawford
    Counties and ordered Freedom Oil to pay a
    penalty of $30,000.00, State's attorneys' fees
    in the amount of $1,500.00, and the State's
    costs of $308.90 and ordered it to cease and
    desist from further violations. Member J.
    Theodore Meyer concurred.
    93-202
    Horsehead Resource Development Company,
    Inc. v. IEPA - The Board granted voluntary
    dismissal of this land permit appeal involving a
    Cook County facility.
    93-246
    City of Elgin v. IEPA - The Board granted the
    voluntary dismissal of this underground
    storage tank reimbursement determination
    appeal involving a Kane County facility.
    94-2
    Anne Shepard, James Verhein and Jerold
    Leckman v. Northbrook Sports Club and
    Village of Hainesville - The Board dismissed
    this citizens' noise enforcement action against
    a Lake County facility because it is an organ-
    ized amateur or professional sporting activity
    and thereby exempt from the noise regula-
    tions.
    94-19
    Michael Turlek, Lillian Smejkal and John
    Lathrop v. Village of Summit and West Sub-
    urban Recycling and Energy Center, Inc. -
    The Board affirmed the Village of Summit's
    grant of site location approval for a new
    regional pollution control facility. (Consoli-
    dated with PCB 94-21 and PCB 94-22.)
    94-19
    Michael Turlek, Lillian Smejkal and John
    Lathrop v. Village of Summit and West Sub-
    urban Recycling and Energy Center, Inc. -
    The Board affirmed the Village of Summit's
    grant of site location approval for a new
    regional pollution control facility. (Consoli-
    dated with PCB 94-21 and PCB 94-22.)
    94-21
    Kay Kaluga and Alice Zeman v. Village of
    Summit and West Suburban Recycling and
    Energy Center, Inc. - (See PCB 94-19.)
    94-22
    Citizens for a Better Environment, Patricia J.
    Bartleman, Nancy Katz and Michelle Schmits
    v. Village of Summit and West Suburban
    Recycling and Energy Center, Inc. - (See PCB
    94-19.)

    Environmental Register No. 483
    Environmental Register No. 483
    June 1, 1994/Page
    June 1, 1994/Page 7
    7
    94-38
    Park District of Highland Park (Central Park
    Facility) v. Office of the State Fire Marshal -
    The Board granted an agreed dismissal of this
    underground storage tank reimbursement
    appeal involving a Lake County facility and
    ordered the parties to effectuate their settle-
    ment agreement without making findings of
    facts or conclusions of law.
    94-60
    Mobil Oil Corporation v. IEPA - The Board
    granted the petitioner's 74 facilities located in
    Cook, DuPage Lake, Kendall, and Will
    Counties a group air variance from the Stage
    II vapor recovery requirement for CARB
    certification of vapor recovery equipment.
    94-75
    Jay Aguilar v. The City of Wood Dale - The
    Board dismissed this citizen's water enforce-
    ment complaint against a DuPage County
    facility without prejudice.
    94-76
    AKZO Chemicals, Inc. v. IEPA - The Board
    granted this Grundy County facility a three-
    year variance from the total dissolved solids
    (TDS), chloride, sulfate, and boron effluent
    standards of the water pollution control regu-
    lations, subject to conditions.
    94-86
    Auburn, Divernon, Girard, Pawnee, Thayer,
    Virden Water Commission v. IEPA - The
    Board granted this Macoupin and Sangamon
    County facility a two and one-half year vari-
    ance from the standards for issuance and
    restricted status provisions of the public water
    supplies regulations, as they relate to the
    maximum contaminant level (MCL) for atra-
    zine in drinking water.
    94-95
    City of Staunton v. IEPA - The Board granted
    this Macoupin County facility a two and one-
    half year variance from the standards for
    issuance and restricted status provisions of the
    public water supplies regulations, as they
    relate to the maximum contaminant level
    (MCL) for total trihalomethanes (TTHM) in
    drinking water.
    94-102
    People of the State of Illinois v. APV Rock-
    ford, Inc. - The Board accepted a stipulation
    and settlement agreement in this land enforce-
    ment action against a Winnebago County
    facility, ordered the respondent to pay a civil
    penalty of $7,500.00, and ordered it to cease
    and desist from further violation. Member J.
    Theodore Meyer concurred.
    94-109
    People of the State of Illinois v. Dietzgen
    Corporation - The Board accepted a stipulation
    and settlement agreement in this air
    enforcement action against a Cook County
    facility, ordered the respondent to pay a civil
    penalty of $35,000.00, and ordered it to cease
    and desist from further violation. Member J.
    Theodore Meyer concurred.
    94-111
    People of the State of Illinois v. Hexagon
    Packaging Corporation - The Board accepted a
    stipulation and settlement agreement in this
    Emergency Planning and Community Right-
    to-Know Act (EPCRA) enforcement action
    against a Lake County facility, ordered the
    respondent to pay a civil penalty of $4,000.00,
    and ordered it to cease and desist from further
    violation. Member J. Theodore Meyer
    concurred.
    94-113
    People of the State of Illinois v. The Pillsbury
    Company - The Board accepted a stipulation
    and settlement agreement in this Emergency
    Planning and Community Right-to-Know Act
    (EPCRA) enforcement action against a Boone
    County facility, ordered the respondent to pay
    a civil penalty of $1,350.00, and ordered it to
    cease and desist from further violation.
    Member J. Theodore Meyer concurred.
    94-115
    People of the State of Illinois v. Schumacher
    Electric Corporation - The Board accepted a
    stipulation and settlement agreement in this
    Emergency Planning and Community Right-
    to-Know Act (EPCRA) enforcement action
    against a Vermilion County facility, ordered
    the respondent to pay a civil penalty of
    $2,450.00, and ordered it to cease and desist
    from further violation. J. Theodore Meyer
    concurred.
    94-116
    People of the State of Illinois v. Clark Foam
    Products, Inc. - The Board accepted a stipula-
    tion and settlement agreement in this Emer-
    gency Planning and Community Right-to-
    Know Act (EPCRA) enforcement action
    against a Cook County facility, ordered the
    respondent to pay a civil penalty of $2,250.00,
    and ordered it to cease and desist from further
    violation. J. Theodore Meyer concurred.
    94-117
    People of the State of Illinois v. Alcan-Toyo
    America, Inc. - The Board accepted a stipula-
    tion and settlement agreement in this Emer-
    gency Planning and Community Right-to-
    Know Act (EPCRA) enforcement action
    against a Will County facility, ordered the

    Page
    Page 8
    8/ June 1, 1994
    / June 1, 1994
    Environmental Register No. 483
    Environmental Register No. 483
    respondent to pay a civil penalty of $3,350.00,
    and ordered it to cease and desist from further
    violation. Member J. Theodore Meyer
    concurred.
    94-142
    Douglas Furniture Corporation v. IEPA -
    Upon receipt of an Agency recommendation,
    the Board granted this Cook County facility a
    45-day provisional variance from the require-
    ments of the air pollution control regulations
    that it operate its pollution control equipment
    within the limits of its permit.
    94-144
    Airtex Products v. IEPA - Upon receipt of an
    Agency recommendation, the Board granted
    this Wayne County facility a 30-day pro-
    visional variance from the 90-day limitation on
    accumulation of hazardous wastes.
    AC 92-86
    IEPA v. Al Seamon - The Board dismissed
    this administrative citation involving a Winne-
    bago County facility. Chairman C.A. Man-
    ning dissented. Member G. Tanner Girard
    concurred.
    AC 94-12
    Sangamon County v. ESG Watts, Inc. - The
    Board entered a default order, finding that this
    Sangamon County facility had violated
    Sections 21(o)(1), 21(o)(5), and 21(o)(12) of
    the Act, and ordered the respondent to pay a
    civil penalty of $1500.00.
    AC 94-13
    Sangamon County v. ESG Watts, Inc. - The
    Board entered a default order, finding that this
    Sangamon County facility had violated Section
    21(o)(1), 21(o)(5), and 21(o)(12) of the Act,
    and ordered the respondent to pay a civil
    penalty of $1500.00.
    AC 94-14
    Montgomery County v. John O'Brien - The
    Board entered a default order, finding that this
    Montgomery County facility had violated
    Section 21(p)(1) of the Act, and ordered the
    respondent to pay a civil penalty of $500.00.
    AC 94-15
    Sangamon County v. ESG Watts, Inc. - The
    Board entered a default order, finding that this
    Sangamon County facility had violated Section
    21(o)(1), 21(o)(5), and 21(o)(12) of the Act,
    and ordered the respondent to pay a civil
    penalty of $1500.00.
    Ac 94-22
    IEPA v. Gallatin National Company - The
    Board granted voluntary dismissal of this
    administrative citation filed against a Fulton
    County facility.
    R93-20
    In the Matter of: Pretreatment Update,
    USEPA Regulations (January 1, 1993 through
    June 30, 1993) -
    See Rulemaking Update.
    R94-13
    In the Matter of: RCRA Subtitle D Extension
    35 Ill. Adm. Code 814 -
    See Rulemaking
    Update.
    NEW CASES
    NEW CASES - May 5, 1994 BOARD MEETING
    - May 5, 1994 BOARD MEETING
    94-2
    Anne Shepard, James Verhein, and Jerold
    Leckman v. Northbrook Sports Club, and
    Village of Hainesville -
    See Final Actions.
    94-132
    Village of Diamond v. IEPA - The Board held
    this public water supplies variance involving a
    Grundy County facility for the Agency's
    recommendation.
    94-133
    TNT Holland Motor Express, Inc. v. Office
    of the State Fire Marshal - The Board ac-
    cepted this underground storage tank reim-
    bursement appeal involving a Cook County
    facility for hearing.
    94-134
    People of the State of Illinois v. Bakley Con-
    struction Corporation - The Board accepted
    this air and water enforcement action against a
    McHenry and Kane County facility for
    hearing.
    94-135
    People of the State of Illinois v. Reliable Sand
    and Gravel, Inc. - The Board accepted this air
    and water enforcement action against a Mc-
    Henry County facility for hearing.
    94-136
    Elmhurst-Chicago Stone Company v. IEPA -
    The Board accepted this underground storage
    tank reimbursement appeal involving a Du-
    Page County facility for hearing.
    94-137
    Robert Schwake Stone Co., Inc. v. IEPA -
    The Board requested an amended petition in
    this underground storage tank reimbursement
    appeal involving a Cook County facility.
    94-138
    Continental Waste Industries of Illinois, Inc.
    v. City of Mt. Vernon, Illinois - The Board
    accepted this regional pollution control facility
    siting appeal involving an existing Jefferson

    Environmental Register No. 483
    Environmental Register No. 483
    June 1, 1994/Page
    June 1, 1994/Page 9
    9
    County facility for hearing and requested an
    amended petition that provides a copy of the
    City of Mt. Vernon's resolution denying local
    siting approval.
    94-139
    J. M. Sweeney Co. v. IEPA - The Board
    accepted this underground storage tank reim-
    bursement appeal involving a Cook County
    facility for hearing.
    94-140
    People of the State of Illinois v. Uniroyal
    Chemical Company, Inc. - Upon receipt of
    proposed stipulation and settlement agreement
    and an agreed motion to request relief from
    the hearing requirement in this air enforce-
    ment action against a Will County facility, the
    Board ordered publication of the required
    newspaper notice.
    94-141
    People of the State of Illinois v. Parker Han-
    nifin Corporation - Upon receipt of proposed
    stipulation and settlement agreement and an
    agreed motion to request relief from the
    hearing requirement in this air enforcement
    action against a Kane County facility, the
    Board ordered publication of the required
    newspaper notice.
    94-142
    Douglas Furniture Corporation v. IEPA -
    See
    Final Actions.
    94-143
    People of the State of Illinois v. Basler Elec-
    tric Company - The Board accepted this air
    enforcement action against a Madison County
    facility for hearing.
    94-144
    Airtex Products v. IEPA -
    See Final Actions.
    94-145
    PACE - Suburban Bus Division of the RTA v.
    IEPA - The Board accepted this underground
    storage tank reimbursement appeal involving a
    Cook County facility for hearing.
    AS 94-9
    In the Matter of: Petition of the City of
    Springfield, Illinois, Office of Public Utilities
    for an Adjusted Standard From 35 Ill. Adm.
    Code Section 302.208(e) - The Board ac-
    knowledged receipt of the petition for an
    adjusted standard involving a Sangamon
    County facility and held this matter to May
    19, 1994 Board meeting.
    R94-13
    In the Matter of: RCRA Subtitle D Extension
    35 Ill. Adm. Code 814 (Emergency Rulemak-
    ing) -
    See Rulemaking Update.
    FINAL ACTIONS
    FINAL ACTIONS - May 19, 1994 BOARD MEETING
    - May 19, 1994 BOARD MEETING
    90-24
    Rock-Ola Manufacturing Corporation v. IEPA
    - The Board directed the Agency to issue this
    Cook County petitioner a RCRA clean closure
    certification without conditions in this permit
    appeal. Chairman C. A. Manning and Mem-
    ber M. McFawn dissented.
    91-160
    General Motors Corporation, Electro-Motive
    Division v. IEPA - The Board granted volun-
    tary dismissal of this air variance petition
    involving a Cook County facility.
    91-195
    Scott and Karen Thomas v. Carry Companies
    of Illinois - The Board, having previously
    found the respondent in violation of the air and
    noise regulations in this citizens' air
    enforcement action involving a Macon County
    facility, ordered it to undertake all measures
    necessary to cease and desist from further
    violations. Members R. C. Flemal and J.
    Theodore Meyer dissented.
    93-25
    People of the State of Illinois v. D & B Refuse
    Service, Inc. - The Board accepted a
    stipulation and settlement agreement in this
    land enforcement action against a Moltrie
    County facility, ordered the respondent to pay
    a civil penalty of $21,000.00, and ordered it to
    cease and desist from further violation.
    94-44
    Concerned Citizens for a Better Environmen-
    tal v. City of Havana and Southwest Energy
    Corporation - The Board reversed the local
    siting approval for a proposed regional pollu-
    tion control facility due to fundamental unfair-
    ness in the procedures used. Board Member
    J. Theodore Meyer concurred.
    94-99
    Village of Mapleton v. IEPA - The Board
    granted this Peoria County facility a five-year
    variance from the standards for issuance and
    restricted status provisions of the public water
    supply regulations, as they relate to the stan-
    dards for combined radium-226 and radium-
    228 in drinking water, subject to conditions.
    94-108
    People of the State of Illinois v. Amoco Oil
    Company - The Board accepted a stipulation
    and settlement agreement in this water en-
    forcement action against a Lee County facility,

    Page
    Page 10
    10/ June 1, 1994
    / June 1, 1994
    Environmental Register No. 483
    Environmental Register No. 483
    ordered the respondent to pay a civil penalty
    of $5,000.00, and ordered it to cease and
    desist from further violation. Board Member
    J. Theodore Meyer concurred.
    94-118
    Ike Buick-Nissan, Ltd. v. IEPA - The Board
    granted summary judgment in favor of a
    Jackson County facility in this underground
    storage tank reimbursement appeal and direct-
    ing the Agency to apply a single deductible
    and cause reimbursement of $10,000.00 to
    issue.
    94-151
    Brandis Aircraft v. IEPA - The Board granted
    voluntary dismissal of the RCRA permit
    appeal involving a Christian County facility.
    94-154
    City of Greenfield v. IEPA - Upon receipt of
    an Agency recommendation, the Board grant-
    ed this Greene County facility a 45-day provi-
    sional variance from certain of the effluent
    limitations of the water pollution control
    regulations during a period of wastewater
    treatment plant repairs.
    AC 94-18
    IEPA v. Harold Molen - The Board entered a
    default order, finding that this Macoupin
    County facility had violated Section 21(p)(1)
    and 21(p)(4) of the Act, and ordered the
    respondent to pay a civil penalty of $1000.00.
    AC 94-19
    IEPA v. Carl J. Lingo and Mary Lingo - The
    Board entered a default order, finding that this
    Logan County facility had violated Section
    21(p)(1) and 21(p)(3) of the Act, and ordered
    the respondent to pay a civil penalty of
    $1000.00.
    AC 94-27
    Sangamon County v. Stephen Bileck and
    Wilma Bileck The Board granted voluntary
    dismissal of this administrative citation filed
    against a Sangamon County facility.
    AS 91-9
    In the Matter of: Petition of the City of East
    Moline and the IEPA for an Adjusted Standard
    From 35 Ill. Adm. Code 304 - The Board
    granted this Rock Island County facility an
    adjusted standard from certain of the water
    pollution control regulations applicable to its
    discharges from its water treatment plant.
    AS 91-10
    In the Matter of: Petition of Cabot
    Corporation for an Adjusted Standard From
    the Requirement of 35 Ill. Adm. Code Section
    725.293 - The Board granted voluntary dis-
    missal of this petition filed by a Douglas
    County facility for an adjusted standard from
    certain of the RCRA hazardous waste regula-
    tions.
    NEW CASES
    NEW CASES - May 19, 1994 BOARD MEETING
    - May 19, 1994 BOARD MEETING
    94-146
    Dorothy L. Hoffman v. City of Columbia -
    The Board held this citizen's noise enforce-
    ment action against a Monroe County facility
    for a frivolous and duplicitous determination.
    94-147
    Capital Asset Corporation and Industrial
    Investors Limited Partnership v. IEPA - The
    Board accepted this underground storage tank
    reimbursement appeal involving a Winnebago
    County facility for hearing.
    94-148
    Chemical Waste Management, Inc. v. IEPA -
    The Board accepted this RCRA permit appeal
    involving a St. Clair facility for hearing.
    94-149
    People of the State of Illinois v. Celotex
    Corporation - Upon receipt of proposed stipu-
    lation and settlement agreement and an agreed
    motion to request relief from the hearing
    requirement in this water enforcement action
    against a Adams County facility, the Board
    ordered publication of the required newspaper
    notice.
    94-150
    Angela M. White v. Terry & Billie van Tine
    & Schneider National Transport, Inc. - The
    Board held this citizen's air and noise en-
    forcement action against a Piatt County facility
    for a frivolous and duplicitous determination.
    94-151
    Brandis Aircraft v. IEPA -
    See Final Actions.
    94-152
    Madison Avenue Venture v. IEPA - The
    Board accepted this underground storage tank
    reimbursement appeal involving a DuPage
    County facility for hearing.
    94-153
    Waste Management of Illinois, Inc. (Five
    Oaks Recycling & Disposal Facility) v. IEPA
    - The Board accepted this land permit appeal
    involving a Christian County facility for
    hearing.
    94-154
    City of Greenfield v. IEPA -
    See Final Ac-

    Environmental Register No. 483
    Environmental Register No. 483
    June 1, 1994/Page
    June 1, 1994/Page 11
    11
    tions.
    94-155
    Cabot Corporation v. IEPA - The Board held
    this underground injection control (UIC) land
    variance involving a Douglas County facility
    for an Agency recommendation.
    AS 94-9
    In the Matter of: Petition of the City of
    Springfield, Illinois, Office of Public Utilities
    for an Adjusted Standard From 35 Ill. Adm.
    Code Section 302.208(e) - The Board held this
    petition for an adjusted standard for a
    Sangamon County facility for the June 2, 1994
    meeting.
    AS 94-10
    In the Matter of: Petition of Envirite Corpo-
    ration for a Revised Adjusted Standard From
    35 Ill. Adm. Code 721, Subpart D - The
    Board held this petition for an adjusted stan-
    dard for a Cook County facility for the June 2,
    1994 meeting.
    R94-14
    In the Matter of: Categories of Insignificant
    Activities or Emission Levels at a CAAPP
    Source, Amendments to 35 Ill. Adm. Code
    Parts 201 and 211 -
    See Rulemaking Update.
    R94-15
    In the Matter of: 15% ROP Plan Control
    Measures for VOM Emissions--Part II:
    Marine Vessel Loading: Amendments to 35
    Ill. Adm. Code 211, 218 & 219 -
    See Rule-
    making Update.
    CALENDAR OF HEARINGS
    CALENDAR OF HEARINGS
    All hearings held by the Board are open to the public. All Pollution Control Board Meetings (highlighted) are open to the
    public but public participation is generally not allowed. Times and locations are subject to cancellation and rescheduling
    without notice. Confirmation of hearing dates and times is available from the Clerk of the Board at 312- 814-6931.
    June 2
    10:30 a.m.
    Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
    St., Conference Room 9-040, Chicago
    June 6
    9:00 a.m.
    PCB 93-192
    A-E, Citizens
    The Decatur Auto Auction, Inc. v. Macon County Farm Bureau, Inc., The Macon
    County Fair Association, and the Macon County Horsemen's Association - Macon
    County Building, Boardroom 504, 253 East Wood Street, Decatur.
    June 7
    10:00 a.m.
    R 94-2
    R, Land
    In the Matter of: Regulation of Petroleum Leaking Underground Storage Tanks, 35
    Ill. Adm. Code 732 - County Board Chambers, 200 South 9th Street, Springfield.
    June 17
    10:00 a.m.
    R 94-12
    R, Air
    In the Matter of 15% ROP Plan Control Measures for VOM Emissions--Part I:
    Pressure/Vacuum Relief Valves and 7.2 RVP: Amendments to 35 Ill. Adm. Code
    201, 211, 218 & 219 - James R. Thompson Center, Room 9-040, 100 West Randolph
    Street, Chicago.
    June 20
    9:30 a.m.
    PCB 94-93
    A-V
    White Cap, Inc. v. EPA - James R. Thompson Center, Room 11-500, 100 West
    Randolph Street, Chicago.
    June 20
    10:00 a.m.
    PCB 94-131
    L-S-R
    Daubs Landfill, Inc., d/b/a Wayne County Regional Landfill, a subsidiary of Mid-
    American Waste Systems, Inc. v. County Board of Wayne County, Illinois - Wayne
    County Courthouse, Upstairs Courtroom, 301 East Main Street, Fairfield.
    June 21
    9:30 a.m.
    PCB 94-138
    L-S-R
    Continental Waste Industries of Illinois, Inc. v. City of Mt. Vernon, Illinois -
    Municipal Building West, Large Meeting Room, 200 Potomac Boulevard, Mt. Vernon.
    June 23
    10:00 a.m.
    PCB 94-82
    UST-FRD
    H.C.T.K. Inc. v. EPA - Centralia City Hall, Council Chambers, 222 South Poplar
    Street, Centralia.

    Page
    Page 12
    12/ June 1, 1994
    / June 1, 1994
    Environmental Register No. 483
    Environmental Register No. 483
    June 23
    10:30 a.m.
    Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
    St., Conference Room 9-040, Chicago
    June 24
    10:00 a.m.
    PCB 94-124
    UST-FRD
    Broncosky Oil Company v. EPA - McHenry County Courthouse, 2200 Seminary,
    Woodstock.
    June 29
    9:00 a.m.
    AC 94-16
    AC
    Sangamon County v. Leroy Donley and Donley, Inc. (Springfield Twp./L. Donley) -
    Pollution Control Board's Springfield Office, 600 South Second - Suite 402,
    Springfield.
    June 29
    10:30 a.m.
    R 94-14
    R, Air
    In the Matter of: Categories of Insignificant Activities of Emission Levels at a CAAPP
    Source, Amendments to 35 Ill. Adm. Code 201 and 211 - James R. Thompson Center,
    Room 9-040, 100 West Randolph Street, Chicago.
    June 30
    9:30 a.m.
    PCB 94-110
    A-V
    Texor Petroleum Company, Inc. v. EPA - James R. Thompson Center, Room 11-500,
    100 West Randolph Street, Chicago.
    July 6
    9:00 a.m.
    PCB 94-153
    P-A, Land
    Waste Management of Illinois, Inc. (Five Oaks Recycling & Disposal Facility) v. EPA
    - Taylorville City Council Chambers, 115 North Main Street, Taylorville.
    July 12
    12:00 p.m.
    PCB 93-139
    A-V, Open
    Burning
    The Ensign-Bickford Company v. EPA - Union County Courthouse, Commissioners'
    Conference Room, 311 West Market Street, Jonesboro.
    July 12
    11:00 a.m.
    R 94-15
    R, Air
    In the Matter of 15% ROP Plan Control Measures for VOM Emissions--Part II:
    Marine Vessel Loading: Amendments to 35 Ill. Adm. Code 211, 218 & 219 -
    Department of Transportation Classroom, 1100 East Port Plaza Drive, Collinsville.
    July 14
    10:00 a.m.
    PCB 93-257
    A-V
    J.M. Sweeney Company v. EPA - James R. Thompson Center, Suite 11-500, 100
    West Randolph Street, Chicago.
    July 14
    9:00 a.m.
    PCB 94-148
    P-A, RCRA
    Chemical Waste Management, Inc. v. EPA - Sauget City Hall, Council Chambers,
    2897 Monsanto Avenue, Sauget.
    July 14
    10:00 a.m.
    R 94-12
    R, Air
    In the Matter of 15% ROP Plan Control Measures for VOM Emissions--Part I:
    Pressure/Vacuum Relief Valves and 7.2 RVP: Amendments to 35 Ill. Adm. Code
    201, 211, 218 & 219 - James R. Thompson Center, Room 9-040, 100 West Randolph
    Street, Chicago.
    July 15
    9:30 a.m.
    PCB 94-80
    UST-FRD
    Gunite Corporation v. EPA - Winnebago County Courthouse, County Boardroom, 400
    West State Street, Rockford.
    July 18
    9:30 a.m.
    PCB 94-80
    UST-FRD
    Gunite Corporation v. EPA - Winnebago County Courthouse, County Boardroom, 400
    West State Street, Rockford.
    July 19
    9:30 a.m.
    PCB 94-80
    UST-FRD
    Gunite Corporation v. EPA - Winnebago County Courthouse, County Boardroom, 400
    West State Street, Rockford.
    July 22
    10:00 a.m.
    PCB 94-147
    UST-FRD
    Capital Asset Corporation and Industrial Investors Limited Partnership v. EPA -
    Winnebago County Courthouse, County Boardroom, 400 West State Street, Rockford.
    July 21
    10:30 a.m.
    Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
    St., Conference Room 9-040, Chicago
    July 26
    10:30 a.m.
    R 94-14
    R, Air
    In the Matter of: Categories of Insignificant Activities of Emission Levels at a CAAPP
    Source, Amendments to 35 Ill. Adm. Code 201 and 211 - James R. Thompson Center,
    Room 9-040, 100 West Randolph Street, Chicago.

    Environmental Register No. 483
    Environmental Register No. 483
    June 1, 1994/Page
    June 1, 1994/Page 13
    13
    July 27
    9:30 a.m.
    PCB 94-145
    UST-FRD
    PACE - Suburban Bus Division of the RTA v. EPA - James R. Thompson Center,
    Room 11-500, 100 West Randolph Street, Chicago.
    July 27
    10:30 a.m.
    R 94-12
    R, Air
    In the Matter of 15% ROP Plan Control Measures for VOM Emissions--Part I:
    Pressure/Vacuum Relief Valves and 7.2 RVP: Amendments to 35 Ill. Adm. Code
    201, 211, 218 & 219 - James R. Thompson Center, Room 9-040, 100 West Randolph
    Street, Chicago.
    July 29
    10:00 a.m.
    PCB 94-152
    UST-FRD
    Madison Avenue Venture v. EPA - Administration Building, Meeting Room 2700A
    (Second Floor), 421 County Farm Road, Wheaton.
    August 3
    10:00 a.m.
    PCB 92-164
    W-E
    People of the State of Illinois v. Berniece Kershaw and Darwin Dale Kershaw d/b/a
    Kershaw Mobile Home Park - Colona Council Chambers, 100 East 9th Avenue,
    Colona.
    August 8
    10:30 a.m.
    R 94-14
    R, Air
    In the Matter of: Categories of Insignificant Activities of Emission Levels at a CAAPP
    Source, Amendments to 35 Ill. Adm. Code 201 and 211 - James R. Thompson Center,
    Room 9-040, 100 West Randolph Street, Chicago.
    August 9
    11:00 a.m.
    R 94-15
    R, Air
    In the Matter of 15% ROP Plan Control Measures for VOM Emissions--Part II:
    Marine Vessel Loading: Amendments to 35 Ill. Adm. Code 211, 218 & 219 -
    Department of Transportation Classroom, 1100 East Port Plaza Drive, Collinsville.
    August 11
    10:30 a.m.
    Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
    St., Conference Room 9-040, Chicago
    August 18
    10:00 a.m.
    PCB 94-43
    P-A, Open
    Burning
    American Tree Service, Inc. v. EPA - Sangamon County Board Chambers, Room 201,
    200 South Ninth Street, Springfield.
    August 23
    11:00 a.m.
    R 94-15
    R, Air
    In the Matter of 15% ROP Plan Control Measures for VOM Emissions--Part II:
    Marine Vessel Loading: Amendments to 35 Ill. Adm. Code 211, 218 & 219 -
    Department of Transportation Classroom, 1100 East Port Plaza Drive, Collinsville.
    August 25
    10:00 a.m.
    PCB 94-26
    P-A, Air
    Marathon Oil Company v. EPA - Robinson Library, 606 North Jefferson, Robinson.
    August 25
    10:00 a.m.
    PCB 94-27
    A-V
    Marathon Oil Company v. EPA - Robinson Library, 606 North Jefferson, Robinson.
    September 1
    10:30 a.m.
    Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
    St., Conference Room 9-040, Chicago
    Spetember 15
    10:30 a.m.
    Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
    St., Conference Room 9-040, Chicago
    October 6
    10:30 a.m.
    Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
    St., Conference Room 9-040, Chicago
    October 20
    10:30 a.m.
    Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
    St., Conference Room 9-040, Chicago
    November 3
    10:30 a.m.
    Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
    St., Conference Room 9-040, Chicago

    Page
    Page 14
    14/ June 1, 1994
    / June 1, 1994
    Environmental Register No. 483
    Environmental Register No. 483
    December 1
    10:30 a.m.
    Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
    St., Conference Room 9-040, Chicago
    December 15
    10:30 a.m.
    Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
    St., Conference Room 9-040, Chicago
    January 12
    10:30 a.m.
    Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
    St., Conference Room 9-040, Chicago
    February 16
    10:30 a.m.
    Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
    St., Conference Room 9-040, Chicago
    March 16
    10:30 a.m.
    Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
    St., Conference Room 9-040, Chicago
    April 20
    10:30 a.m.
    Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
    St., Conference Room 9-040, Chicago
    May 18
    10:30 a.m.
    Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
    St., Conference Room 9-040, Chicago
    June 15
    10:30 a.m.
    Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
    St., Conference Room 9-040, Chicago
    Calendar Code
    3d P
    Third Party Action
    A-CAdministrative Citation
    A-E
    Air Enforcement
    A-SAdjusted Standard
    A-V
    Air Variance
    CSOCombined Sewer Overflow Exception
    GW
    Groundwater
    L-ELand Enforcement
    L-S-R
    Landfill Siting Review
    L-VLand Variance
    N-E
    Noise Enforcement
    N-VNoise Variance
    P-A
    Permit Appeal
    PWS-EPublic Water Supply Enforcement
    PWS-V
    Public Water Supply Variance
    RRegulatory Proceeding
    S0
    2
    S0
    2
    Alternative Standards (35 ILL. ADM.
    CODE 302.211(f))
    SWH-ESpecial Waste Hauling Enforcement
    SWH-V
    Special Waste Hauling Variance
    TThermal Demonstration Rule
    T-C
    Tax Certifications
    T-STrade Secrets
    UST-E
    Underground Storage Tank Enforcement
    UST-FRDUnderground Storage Tank Fund Reimbursement
    Determination
    W-E
    Water Enforcement
    W-VWater Variance
    WWS
    Water-Well Setback Exception

    Environmental Register No. 483
    Environmental Register No. 483
    June 1, 1994/Page
    June 1, 1994/Page 15
    15
    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 Don Brown at the Board Offices 312-814-3461.
    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 1993
    (July 1, 1992 through June 30,
    1993)
    ARE AVAILABLE FOR IMMEDIATE DELIVERY.
    The cost is $350.00 per set.
    Two formats are offered starting July 1 of last 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 electron-
    ic 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

    Page
    Page 16
    16/ June 1, 1994
    / June 1, 1994
    Environmental Register No. 483
    Environmental Register No. 483
    Printed by Authority of the State of Illinois, June 1, 1994, 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
    Emmett E. Dunham II
    Ronald C. Flemal
    G. Tanner Girard
    Elmhurst, Illinois
    DeKalb, Illinois
    Grafton, Illinois
    Marili McFawn
    J. Theodore Meyer
    Vacant
    Palatine, Illinois
    Chicago, Illinois
    The Environmental Register is a newsletter published by the Board monthly. 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.

    Back to top