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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.
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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,
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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
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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
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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. §§ 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-
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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
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/ 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,
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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.
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/ 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
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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.