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Illinois Pollution Control Board News
No. 487
October, 1994
GOVERNOR APPOINTS JOSEPH YI TO BOARD
Governor Edgar announced his appointment of Joseph Yi to the Board on September 12, 1994. Mr. Yi, a retired
Professional Engineer, is a resident of Park Ridge. He received his Bachelor of Science in Civil Engineering from the Illinois
Institute of Technology.
Mr. Yi formerly worked for the Illinois Department of Transportation as a Transportation Engineer, Small Business
Enterprise Bureau Chief, and Assistant to the Director of Finance and Administration. He was also formerly a partner in the
engineering firm of Nakawatase, Rutkowski, Wyns & Yi, Inc., Director of Transportation in the Midwest Regional Office of
Metcalf & Eddy, Inc., and City Engineer for the City of Evanston, Illinois. Mr. Yi held asbestos abatement Management
Planner, Project Designer, and Inspector licenses.
Mr. Yi has been an active member of numerous committees and professional and civic associations throughout his career.
Since his retirement, he has been active in a number of charitable and civic organizations, in the Asian-American and broader
communities.
GOVERNOR EDGAR SIGNS BILLS AFFECTING ENVIRONMENTAL REGULATION
Governor Jim Edgar signed various bills in September that will or could potentially have an impact on environmental
regulation in Illinois. These bills amended the Environmental Protection Act, the State Finance Act, and the Open Meetings
Act.
GOVERNOR SIGNS BILLS continued on page 7.
APPELLATE UPDATE
APPELLATE UPDATE
FOURTH DISTRICT AFFIRMS DENIAL OF ADJUSTED
STANDARD; PETITIONER DID NOT MEET BURDEN ON ANY OF
THE STATUTORY CRITERIA
In the recent Rule 23 order in
Illinois Power Co. v. PCB
(4th Dist.
Sep. 12, 1994, No 4-93-0959), the Fourth District Appellate Court
affirmed the Board's denial of an adjusted standard. The court held
that the Board's decision in Docket AS 92-7 was not arbitrary and
capricious, and that the petitioner had failed to meet its burden of
proof on all statutory criteria required to justify an adjusted standard.
The petitioner sought an adjusted standard for sulfate, boron, and
total dissolved solids in the discharges from its ash pond. The
petitioner has discharged its effluent into the Middle Fork of the
Vermilion River since 1955. The effluent limitations imposed on the
discharges were predicated on achieving the general use water
quality standards. The sulfate and total dissolved solids limitations
sought were only slightly higher than those already imposed by the
existing discharge permit, but that sought for boron was several
times higher than that imposed by the permit. The Illinois EPA
(Agency) recommended that the Board grant an adjusted standard
and set forth recommended limitations very similar to those sought
by the petitioner. The Illinois Department of Conservation (IDOC)
also supported the relief.
The Middle Fork is protected to preserve its "outstanding natural,
scenic, recreational, ecological, historical, and archeological value"
under the Vermilion River Middle Fork Act. IDOC is charged with
the responsibility of maintaining and preserving the river by
regulation. (615 ILCS 95.) The segment of the river into which the
petitioner discharges is federally-protected under the National Wild
and Scenic Rivers Act. (16 U.S.C. ยงยง 1271
et seq.
) The Committee
on the Middle Fork of the Vermilion River and the Illinois Chapter of
the Sierra Club participated in the adjusted standard proceeding,
opposing a grant of relief from the existing standards.
The Board denied the relief sought. The Board concluded that
the record did not support the adjusted standard requested. It
observed that the representations of the petitioner, the Agency, and
IDOC notwithstanding, the record indicated that the existing
discharges may have caused adverse impacts on the stream at
levels below those of the requested adjusted standard. Further,
although the petitioner sought to maintain existing discharges with
no degradation of effluent quality, in the Board's opinion, the
requested adjusted standard for boron would have constituted a
more relaxed standard for boron.
On appeal, the issues related solely to the merits of the Board's
denial of relief. Citing authority, the Third District prefaced its
opinion by stating that whether the Board's decision was arbitrary or
capricious is determined with reference to whether the Board (1)
improperly relied on factors that the General Assembly did not
intend, (2) entirely failed to consider an important aspect, (3) or
offered an explanation that ran counter to the evidence or that was
"so implausible that it could not be attributed to a difference in view
or the product of agency expertise". The court then proceeded with
its analysis, considering each of the four statutory considerations of
Section 28.1(c) in turn ((1) "substantially and significantly different"
factors, (2) justification for relief, (3) no adverse impact, and (4)
consistency with federal law). The court stated that "the failure of
the petitioner to prove any one of those elements would support the
denial of the adjustment to the existing standards."
The court's analysis on each criterion examined the Board's
rationale and the evidence of record. The court observed that the
Board's decision was not arbitrary and capricious merely because
contrary inferences were possible from the evidence, nor because
the Board did not weigh the evidence in a way pleasing to the
petitioner. The court stated, "The only way the decision becomes
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/ October, 1994
Environmental Register No. 487
Environmental Register No. 487
arbitrary and capricious is if the petitioner can convince this court
that, by not mentioning the evidence, the Board never considered
it." On each factor, the court concluded that the record could have
supported the Board's determination. Thus, the Board's
determination was not arbitrary or capricious on any of the four
statutory factors.
SECOND DISTRICT AFFIRMS ADMINISTRATIVE CITATIONS,
HOLDS THAT CITATION CAN ISSUE AGAINST A LANDFILL
OPERATOR, THE BOARD CANNOT MITIGATE PENALTY
IMPOSED, AND STATE'S ATTORNEY'S FEES WERE
PROPERLY ASSESSED
In
Rochelle Disposal Service, Inc. v. PCB
(2d Dist. Sept. 2, 1994,
Nos. 2-93-0540 & 2-93-0694, consolidated) (affirming AC 91-45 &
AC 92-26) and
Rochelle Disposal Service, Inc. v. PCB
(2d Dist.
Sept. 16, 1994, Nos. 2-93-1006, 2-93-1383 & 2-93-1384,
consolidated) (affirming AC 92-64, AC 91-32 & AC 92-26), the
Second District Appellate Court affirmed the Board's decisions in
imposing penalties and fees in five separate administrative citation
actions. The actions arose through a series of inspections
conducted by Ogle County at a landfill owned by the City of
Rochelle, in whose name the facility permits issued. Rochelle
Disposal operates the facility under contract with the City. The Ogle
County State's Attorney issued the administrative citations
challenged. The issues raised on appeal were similar in both
consolidated cases, and the Second District rejected all the
arguments in both. The decision that affirmed AC 92-64, AC 91-32,
and AC 92-26 was a Rule 23 order.
The court rejected arguments that a landfill operator that did not
hold the permit for the site was not a propoer named respondent.
The operator argued that an administrative citation could issue only
against the holder of the facility permit. Looking to the use of the
word "person" in the preamble language of the Section 21
prohibitions violated, the court found the language clear. It
concluded that there is no limitation in the Environmental Protection
Act that onlly a permit holder is a proper named respondent for an
administrative citation. The court observed that the respondent was
actually operating the landfill, and opined that the General Assembly
did not intend an enforcement loophole for an operator that did not
hold the facility permit.
In both cases and as to all five citations, the Second District
weighed arguments that the Board's imposition of the penalty was
against the manifest weight of the evidence. The court noted in
both decisions (citing
Caliendo v. Martin
(1st Dist. 1993), 250 Ill.
App. 3d 409, 416, 620 N.E.2d 1318, 1324), "We will find an
agency's decision to be against the manifest weight of the evidence
only if it can be determined from the record that all reasonable and
unbiased persons, acting within the limits provided by the law and
drawing all inferences in support of the finding, would agree that the
finding is erroneous." It held in both cases that the records included
sufficient evidence from which the Board could conclude that the
violations occurred.
In the decision affirming AC 91-45 and AC 92-26, the court cited
authority for the proposition that "circumstantial evidence will suffice
whenever an inference may be reasonably drawn from it, and the
use of circumstantial evidence is not limited to those instances in
which the circumstances support only one logical conclusion."
Thus, the court accepted that circumstantial evidence of conditions
at the site after the alleged violations supported a Board conclusion
contrary to the respondent's inconsistent direct testimony of events
at the site.
In both decisions, the court confronted whether the Board has a
duty to mitigate the penalty based on circumstances. It looked to
the mandatory nature of the language of Section 42(b)(4) and the
lack of express language relating to mitigation in the administrative
citation provision, such as appears in Section 42(h) with regard to
general enforcement actions. It held that the Board is thoroughly
without authority to mitigate the penalty imposed in administrative
citation actions.
The respondent also argued in both cases that the Board should
have determined that there was no violation because the violations
occurred due to "uncontrollable circumstances", pursuant to Section
31.1(d)(2) of the Act. Examining the evidence, the court noted that
"there was no evidence presented at hearing" as to why the
respondent did not engage in certain measures used in the past to
avoid a violation. It held that the Board's decision on the issue of
uncontrollable circumstances was not against the manifest weight of
the evidence.
Finally, the respondent challenged the Board's imposition of
attorney's fees in the decision that affirmed AC 92-64, AC 91-32,
and AC 92-26. The respondent cited Section 42(f) of the Act for the
proposition that the violation must have been wilful, knowing, or
repeated to support an award of attorney's fees. The court held that
these factors do not apply under Section 31.1, which provides for
administrative citations. The court further rejected the argument
that the Board could not award fees because the action was not
filed in the name of the "People of the State of Illinois".
RULE
RULEMAKING UPDATE
MAKING UPDATE
PART I 15% ROP PLAN FOR VOM EMISSIONS ADOPTED;
PART II AND III PLANS PROPOSED FOR SECOND NOTICE;
PART IV PLAN SET FOR HEARING AND PROPOSED FOR
FIRST NOTICE, R94-12, R94-15, R94-16 & R94-21
On September 15, 1994, the Board undertook four separate
actions relating to four different parts of the Illinois 15 percent
reduction of pollution (15% ROP) plan. The Agency has filed four
separate 15% ROP Plan proposals to date, which the Board is
dealing with under four separate docket numbers. In sum, all the
ROP plan segments would seek a 15 percent 1990 VOM emissions
levels in the Chicago and Metro-East St. Louis areas, in order to
fulfill requirements under the federal Clean Air Act (CAA). 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.
(See issues 483, June, 1994; 484, July, 1994; 485, Aug., 1994 &
486, Sept., 1994.)
The Board accepted each of the four 15% ROP plan rulemaking
proposals 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
Environmental Register No. 487
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October, 1994/Page
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3
circumstances. Under Section 28.5(o), the Board must have
adopted the proposal for Second Notice within 130 days on receipt
of the proposal from the Agency. Section 28.5(p) requires that the
Board must adopt and file final rules based on the proposal within
21 days of when it receives a Certificate of No Objection from
JCAR.
Part I Proposal, R94-12
The Board adopted amendments based on the Agency's Part I
ROP plan rulemaking proposal under docket R94-12. The
amendments revised the volatile organic material (VOM) emissions
regulations to require the use of pressure-vacuum relief valves on
vent tubes at gasoline dispensing operations in both the Chicago
and Metro-East areas. The amendments also require 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 indicated in
filing the Part I proposal 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.
The Agency filed the Part I proposal on April 24, 1994. The
Board proposed the amendments for First Notice publication in the
Illinois Register
without substantive review on May 5, 1994. The
Board held a public hearing on the proposal on June 17, 1994. The
Board cancelled two later scheduled hearings because the level of
public interest did not warrant conducting them. The Board
proposed amendments based on the proposal for Second Notice
review by the Joint Committee on Administrative Rules (JCAR) on
August 11, 1994. Direct questions on the Part I proposal to Michael
J. McCambridge, at 312-814-6924. Please refer to docket R94-12.
Part II Proposal, R94-15
The Board proposed amendments for Second Notice review by
JCAR based on the Agency's Part II ROP plan proposal under
docket R94-15. The proposed Part II amendments contemplate
extending VOM emissions control measures to the loading of
marine vessels and deletion of the exemption for barge loading from
the regulations applicable to "Miscellaneous Fabricated Product
Manufacturing Processes", "Miscellaneous Formulated
Manufacturing Processes", "Miscellaneous Organic Chemical
Manufacturing Processes", and "Other Emissions Units" source
categories. The record indicated that the Part II proposal would
reduce the VOM emissions by 1.3 tpd in the Chicago area and by
11.82 tpd in the Metro-East area. At the special Board meeting of
September 28, 1994, in response to a joint motion filed September
23 by the Agency and the Illinois Environmental Regulatory Group
(IERG), the Board made minor modifications to segments of the
proposed amendments, to restore existing text originally proposed
for deletion.
The Agency filed the Part II proposal with the Board on May 26,
1994. The Board held public hearings on the proposal on July 12
and August 9, 1994 in Collinsville. On June 2, 1994, the Board
proposed a new Clean Air Act (CAA) rulemaking for First Notice
publication in the
Illinois Register
. The Board cancelled a third
scheduled hearing because the level of public interest did not
warrant holding it. The Board will be free to adopt amendments
based on the Part II proposal when it receives a Certificate of No
Objection from JCAR or when 45 days have elapsed from when
JCAR receives the proposal for Second Notice review, whichever
comes first. Direct questions on the Part II proposal to Marie E.
Tipsord, at 312-814-4925 or 618-498-9803. Please refer to docket
R94-15.
Part III Proposal, R94-16
The Board proposed amendments for Second Notice review by
JCAR based on the Agency's Part III ROP plan proposal under
docket R94-16. The proposed Part III amendments contemplate
making the standards of Parts 218 and 219, Subpart B, "Organic
Emissions from Storage and Loading Operations", and Subpart V,
"Total Resource Effectiveness" (TRE), more stringent. The
proposed Part III plan rules would add the federal Control
Technology Guidelines (CTG) and Alternative Control Technology
(ACT) recommended controls for volatile organic liquids (VOLs) and
volatile petroleum liquids (VPLs). The Agency anticipates that the
TRE amendments will reduce VOM emissions by 4.05 tpd in the
metropolitan Chicago area by 1996 and by an additional 1.58 tpd by
1999. The VOL/VPL amendments are anticipated to reduce the
VOM emissions by 2.18 tpd in the Chicago area. The Agency
expects no reductions in the Metro-East area.
The Agency filed the Part III ROP plan proposal on June 15,
1994. The Board proposed the Part III amendments for First Notice
publication in the
Illinois Register
on June 23, 1994. The Board
conducted a public hearing on the Part III plan on August 4, 1994 in
Chicago. The Board cancelled two later scheduled hearings
because the level of public interest did not warrant conducting them.
The Board will be free to adopt amendments based on the Part II
proposal when it receives a Certificate of No Objection from JCAR
or when 45 days have elapsed from when JCAR receives the
proposal for Second Notice review, whichever comes first. Direct
questions on the Part II proposal to Diane F. O'Neill, at 312-814-
6062. Please refer to docket R94-16.
Part IV Proposal, R94-21
The Agency filed the Part IV ROP plan proposal on September
12, 1994. The Board proposed the Part IV plan amendments for
First Notice publication in the
Illinois Register
on September 15,
1994. The Board has scheduled three hearings on the proposal, as
described in the following paragraph. The Part IV proposal
contemplates lowering the VOM content of coatings for several
categories of surface coaters: the can, paper, coil, fabric, vinyl,
metal furniture, baked large appliance, and miscellaneous parts and
products coating categories. The Part IV proposal would also
impose reductions in VOM emissions from sources in the
automotive/transportation and business machine plastic parts
coating categories that exceed specified emissions levels. The
proposal would further make the VOM emissions limits applicable to
wood furniture coating operations at a lowered threshold. The Part
IV proposal would also require specified controls on synthetic
organic chemical manufacturing industry (SOCMI) distillation and
reactor processes and on bakery industry ovens. Finally, the
amendments would make a number of minor amendments and
corrections to the regulations, largely in response to comments
submitted by U.S. EPA and affected entities. At the special Board
meeting of September 28, 1994, in response to a motion filed
September 20 by the Agency, the Board made a minor modification
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Environmental Register No. 487
Environmental Register No. 487
to the proposed amendments, to renumber a Section to
accommodate an existing Section already bearing that number.
The Agency stated that it contemplates that the coatings
operations amendments would reduce VOM emissions by 10.16 tpd
in the Chicago area and by 0.39 tpd in the Metro-East area. It
estimated that the automotive/transportation surface coating
aspects of the proposal would reduce VOM emissions by 0.28 tpd in
the Chicago area, but it anticipates no reductions in the Metro-East
area. The Agency anticipated no VOM reductions from either of the
wood furniture coating or the SOCMI amendments in the Chicago or
the Metro-East areas. Rather, the Agency included the wood
furniture coating controls to avoid expected future increases in
emissions and the SOCMI amendments to incorporate a new
federal control technology guideline (CTG) as RACT. The Agency
expects a 0.98 tpd reduction in VOM emissions in the Chicago area
and no reduction in the Metro-East area from the bakery oven
amendments.
The Board has scheduled three days of public hearings on the
Part IV ROP plan proposal. The statute requires the Board to
schedule three hearing dates, 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 at the James R. Thompson Center,
100 West Randolph Street, Chicago, as follows:
Room 9-040: 10:00 a.m., Friday, November 4, 1994
Room 9-025: 10:00 a.m., Friday, December 2, 1994
Room 9-040: 10:00 a.m., Friday, December 16, 1994
Direct questions on the Part IV proposal to Marie E. Tipsord, at 312-
814-4925 or 618-498-9803. Please refer to docket R94-21.
UST RULES ADOPTED, R94-2(A)
On September 15, 1994, the Board adopted regulations for
underground storage tank remedial actions under docket number
R94-2(A). The rules implement the extensive amendments to the
LUST program adopted in P.A. 88-496.
(Issues 475, Oct. 6, 1993;
481, Apr., 1994 & 482, June, 1994.)
They establish requirements
for LUST remediation and reimbursement. The regulations include
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 the audit of
corrective action efforts. The Board was required by P.A. 88-496 to
adopt final rules for the administration of the Illinois LUST program
by September 15, 1994.
The Illinois EPA (Agency), pursuant to the mandate of P.A. 88-
496, developed its regulatory proposal in conjunction with the
Underground Storage Tank Advisory Committee and filed it with the
Board on March 15, 1994. The Board adopted a proposal for First
Notice publication in the
Illinois Register
on March 17, 1994. The
Board conducted five public hearings, concluding on June 8, 1994.
At the hearings, the Agency and other participants, including the
UST Advisory Committee, the Illinois Environmental Regulatory
Group (IERG), the Illinois Petroleum Marketers Association, the
Illinois Petroleum Council, and the Illinois Department of
Transportation, offered testimony on the Agency proposal. The
Board adopted an interim opinion and order on August 1, to allow
additional public comments before adopting a proposal for Second
Notice review by the Joint Committee on Administrative Rules
(JCAR). The Board proposed the rules for Second Notice JCAR
review on August 11, 1994.
(See issue 486, Sept., 1994.)
Simultaneously to proposing the rules for Second Notice on
August 11, in response to the requests of several participants and a
formal motion by IERG to sever the docket, the Board created a
separate sub-docket B to consider generic clean-up objectives and
alternative methodologies for determining objectives. Direct
questions to Musette Vogel, at 217-524-8509. Please refer to
docket R94-2.
STEEL AND FOUNDRY LANDFILL AMENDMENTS ADOPTED,
R90-26(B)
On September 1, 1994, the Board adopted certain amendments
to the landfill regulations. The rulemaking, subdocket B of the R90-
26 steel and foundry waste landfill amendments, augment
amendments adopted in the parent docket, subdocket A, on July
21, 1994. The parent rulemaking, R90-26(A), established a set of
landfill regulations specific to certain wastes generated by the steel
and foundry industries. (
See issues 475, Oct. 6, 1993; 478, Jan. 1,
1994; 481, Apr., 1994; 482, May, 1994 & 485, August, 1994.
) The
proponents of the amendments are members of the industries that
generate the wastes at issue.
The subdocket B proposed amendments added a new provision
to the proposed rules relating to facility location. The Board opened
subdocket B in response to requests by the Illinois Steel Group and
the Illinois Cast Metal Association, the proponents of the steel and
foundry waste landfill amendments. On March 31, 1994, the Board
proposed the subdocket B amendments for First Notice publication
in the
Illinois Register
and proposed them for Second Notice review
by the Joint Committee on Administrative Rules on June 23, 1994.
(See issues 481, Apr., 1994 & 484, Aug., 1994.)
Direct questions to Kathleen M. Crowley, at 312-814-6929.
Please refer to docket R90-26.
LANDSCAPE WASTE COMPOST FACILITIES RULES
PROPOSED FOR SECOND NOTICE, R93-29
On September 15, 1994, the Board proposed rules for Second
Notice Review by the Joint Committee on Administrative Rules
(JCAR) that would regulate landscape waste management facilities
in Illinois. The proposed rules would establish performance
standards for landscape compost facilities and testing procedures
and standards for end-product compost derived from landscape
waste and offered for sale or use in Illinois.
The Board formally accepted a December 30, 1993 proposal for
landscape waste facilities from the Illinois EPA (Agency) on January
20, 1994. (
See issue 479, Feb., 1994.
) The Board conducted a
public hearing on the proposal on April 15 and proposed the rules
Environmental Register No. 487
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October, 1994/Page
October, 1994/Page 5
5
for First Notice publication in the
Illinois Register
on June 30, 1994.
See issue 484, July, 1994.
) This proceeding is one of three
mandated by the Act. Section 22.33 requires that the Agency
proposed standards for composting landscape wastes on or before
January 1, 1994, and that the Board adopt such standards by
December 1, 1994. Sections 22.34 and 22.35 set forth similar
mandates relating to composting organic waste and mixed
municipal waste, and Section 22.35. The R93-29 proposal
addresses only the Section 22.33 mandate.
The Board will be free to adopt regulations based on the
proposed rules when either the Second Notice period ends, 45 days
after JCAR received the Second Notice package, or upon receipt of
a Certificate of No Objection from JCAR. Direct questions to Kevin
G. Desharnais, at 312-814-6929. Please refer to docket R93-29.
PROCEDURAL RULES FOR APPEALS FROM STATE FIRE
MARSHALL DETERMINATIONS PROPOSED FOR SECOND
NOTICE, R94-11
On September 15, 1994, the Board proposed procedural rules for
appeals from determinations of the Office of the State Fire Marshall
(OSFM) for Second Notice review by the Joint Committee on
Adminstrative Rules (JCAR). Under recent amendments to the
Environmental Protection Act, in P.A. 88-496, effective September
13, 1993 (
see issue 475, Oct. 6, 1993.
), the OSFM is charged with
making two new determinations in the course of remedial action
relating to leaking underground petroleum storage tanks. The
OSFM now makes the eligibility and deductibility determinations
formerly made by the Agency. The Board is charged with hearing
the owner or operator's appeals of those OSFM determinations.
Although the Board has always heard those appeals when the
determinations were made by the Agency, these are the first
appeals of OSFM determinations that the Board has ever heard.
The proposed rules set forth the information that a petitioner must
include in its petition for review. Among the proposed provisions
unique to OSFM appeals is the scheduling of hearings only in
Chicago and Springfield, unless the petitioner sets forth sufficient
reasons in its petition for holding it elsewhere. This will avoid the
parties travelling throughout the state. It will further allow scheduling
multiple hearings on a single day. Other rules relate to cancelling
hearings, staying the proceedings, and motions for summary
judgment. Other aspects of the proposed rules either codify existing
Board practices or reference existing segments of the procedural
rules.
The Board opened this docket on its own subsequent to the
passage of P.A. 88-496. On June 30, 1994, the Board proposed
the amendments for First Notice publication in the
Illinois Register
(see issue 484, July, 1994)
and conducted a public hearing in
Springfield on August 22.
The Board will be free to adopt regulations based on the
proposed rules when either the Second Notice period ends, 45 days
after JCAR received the Second Notice package, or upon receipt of
a Certificate of No Objection from JCAR. Direct questions to the
hearing officer, Deborah Frank, at 217-356-5275. Please refer to
docket R94-11.
WATER AMENDMENTS PROPOSED FOR FIRST NOTICE, R94-1
The Board proposed amendments to certain of the water quality
amendments for First Notice publication in the
Illinois Register
on
September 15, 1994. The proposed amendments would amend
certain of the water quality regulations by updating various
standards for ammonia nitrogen, lead, and mercury. The Board has
also scheduled two public hearings to occur in November in
Springfield and Chicago.
The Illinois EPA (Agency) 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. The Agency filed the proposal February 24, 1994. The
Board accepted the proposal on March 17, 1994 and decided to
proceed on the proposal as a federally required rule on May 5,
1994. (
Issues 481, April, 1994 & 483, June, 1994.
)
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 was to have proposed a First Notice rule for publication in the
Illinois Register
within six months,
i.e.
, by November 5, 1994.
The hearing officer has scheduled two days of public hearings to
consider the technical merits and economic considerations
associated with the proposed amendments. Those hearings are
scheduled as follows:
Friday, November 10, 1994
James R. Thompson Center
Room 2-025
100 West Randolph Street
Chicago, Illinois 60601
Tuesday, November 22, 1994
Law Enforcement Training Center
600 South 2nd Street
Springfield, Illinois 62704
The Board will be free to proceed to propose the amendments for
Second Notice review by the joint Committee on Administrative
Rules 45 days after Notices of Proposed Amendments appear in
the
Illinois Register
. Direct questions to Diane F. O'Neill, at 312-
814-6062. Please refer to docket R94-1.
SITE-SPECIFIC WATER QUALITY RULE FOR FLUORIDE
APPLICABLE TO GENERAL MOTORS CORP. PROPOSED FOR
FIRST NOTICE, R93-13
The Board proposed a site-specific set of amendments to a water
quality regulation for fluoride for First Notice publication in the
Illinois
Register
on September 1, 1994. The proposed amendments would
affect the fluoride water quality standard that applies to an unnamed
tributary to the Vermilion River and a segment of the Vermilion River
for 0.9 stream miles downstream of the confluence to the Indiana
state line. It would increase the water quality standard from 5
milligrams per liter (mg/l) to 10 mg/l.
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/ October, 1994
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Environmental Register No. 487
The proposed amendments to Section 302.322 of the water
pollution control regulations are based on a proposal filed June 23,
1993 by the General Motors Corporation. The Board conducted a
public hearing on the proposal on April 26, 1994. The amended
water quality standards would specifically increase the fluoride
limitation as caused by the wastewater discharges of General
Motors Corporation into the receiving stream. Direct questions to
Diane F. O'Neill, at 312-814-6062. Please refer to docket R93-13.
FOR YOUR INFORMATION
AGENCY SCHEDULES PUBLIC HEARING ON
PROPOSED SO
2
SIP REVISION FOR
PEORIA/TAZEWELL AREA
The Illinois EPA (Agency) has scheduled a public hearing
on a proposed revision to the Peoria/Tazewell state
implementation plan (SIP) for sulfur dioxide (SO
2
). The
area is currently designated as a nonattainment area. The
Agency intends to propose to U.S. EPA that it redesignate
the area as an attainment area. The proposed submittal
includes a maintenance plan. The Agency is maintaining
copies of the proposed plan for public inspection at its
Peoria (5415 N. University Street) and Springfield (1340
North Ninth Street) offices. A copy is also available at the
Peoria Public Library (107 N.E. Monroe, Peoria). The
Agency has assigned this matter IEPA File 498-94.
The hearing is scheduled for 11:00 a.m., Tuesday,
October 25, 1994, at the Peoria Public Library, 2nd Floor
Meeting Room, 107 E. Monroe, Peoria. The Agency stated
that the record will close on Tuesday, November 1, 1994.
Interested persons should direct comments to John Williams,
Agency Hearing Officer, Illinois EPA, 2200 Churchill
Road, P.O. Box 19276, Springfield, Illinois 62794-9276
(phone 217-782-5544). Interested persons should direct
questions to Rachel Doctors, Illinois EPA,
2200 Churchill Road, P.O. Box 19276, Springfield, Illinois
62794-9276 (phone 217-524-3333).
GOVERNOR SIGNS BILLS continued from page 1.
P.A. 88-602 (formerly SB 1296), signed and effective September 1, 1994 amended Section 22.2(j)(6)(E)(v)(VI) of the
Environmental Protection Act. The amendment changes a Phase I environmental audit requirement. It decreased the time
from 75 years to 50 years for which a property owner is responsible for researching the business records for the property to
determine whether there was a release or is a threatened release of hazardous substance or pesticide.
P.A. 88-621 (formerly HB 1332), signed September 9 and effective January 1, 1995, amended the exceptions to the Open
Meetings Act (5 ILCS 120). The statute now provides,
inter alia
, that a "quasi-adjudicative body" may meet in closed session
to consider "evidence or testimony . . ., provided that the body prepares and makes available for public inspection a written
decision setting forth its determinative reasoning." Under the new amendments, an agency must vote at an open meeting to
conduct a closed meeting, citing and publicly disclosing the specific exception authorizing the closed meeting. Further, instead
of a "general description of all matters proposed, discussed, or decided, and a record of any votes taken" at the closed meeting,
the amendments require a "summary of discussion on all matters proposed, deliberated, or decided, and a record of any votes
taken". Also, the amendments changed from 24 hours to 48 hours the advanced notice an agency must give of its meetings.
Finally, the amendments extended from 45 days to 60 days the time within which a complainant may file an action for
enforcement of the Open Meetings Act.
P.A. 88-633 (formerly HB 3192), signed September 9 and effective January 1, 1995, amended the prohibition against land
application of untreated grease trap sludge in Section 22.30 of the Environmental Protection Act. It now prohibits the
introduction of this material into any sewage treatment works or the collection system for any treatment works without the
express authorization of the owner or operator of the works. It also now prohibits the transportation of this material off-site
without accompanying specific documentation and requires shippers, transporters, and receiving entities to retain records of the
shipments for a minimum of two years after disposal of the material. The amendments authorize owners and operators of
sewage treatment works to establish a program for registration and licensing for collection and transportation of grease trap
sludge, and to charge a fee to recover the costs of any such program.
P.A. 88-668 (formerly SB 1721), signed and effective September 16, 1994, was an omnibus environmental bill. The bill
amended the Section 3.76 definition of "coal combustion waste" to include fly ash with 10 percent or less fuel grade petroleum
Environmental Register No. 487
Environmental Register No. 487
October, 1994/Page
October, 1994/Page 7
7
coke, so that this material would be disposed of in the same way as other coal combustion waste. It amended Section 39.5 of
the Act to clarify that an owner or operator of a new air pollution source subject to the Clean Air Act Program (CAAP) must
submit a completed permit application within 1 year after commencing operations. The amendments to Section 39.5 further
clarify that an owner or operator of a source that first becomes subject to the CAAP due to a change in operations must submit
a permit application at least 180 days before commencing operations. The amendments of Section 39.5 also clarify that the fee
for a federally-enforceable state operating permit (FSOP) for an air pollution source that emits less than 25 tons per year of
regulated air pollutants is the same $100.00 fee as that in the CAAP for a source emitting less than 25 tons per year.
Formerly, the FSOP fee was $1,000.00. An amendment to Section 44(f) corrected a typographical error, changing "justifiable
risk" to "unjustifiable risk" in the definition of the crime of reckless disposal of hazardous waste. It removed the condition "or
may otherwise cause property damage" from the criteria that automatically place a leaking underground storage tank (LUST)
into the high priority risk classification for remedial action in Sections 57.7 and 57.8 of the Environmental Protection Act.
Finally, the bill added Section 5.386 to the State Finance Act (30 ILCS 105) to create the new Clean Air Act (CAA) Fund.
Although formerly referenced in other statutes two years ago when the General Assembly created the CAAP (but not to be
collected until some time in 1995), this amendment actually created the fund in the state treasury for the Comptroller's
management of the funds collected in administration of the CAAP.
FINAL ACTIONS
FINAL ACTIONS - September 1, 1994 BOARD MEETING
- September 1, 1994 BOARD MEETING
93-15
Dorothy Furlan and Michael Furlan v.
University of Illinois School of Medicine - The
Board granted summary judgment in favor of
the Winnebago County respondent in this
citizens' noise enforcement action.
93-139
The Ensign-Bickford Company v. EPA - The
Board granted this Union County petitioner a
five-year air variance with conditions, which
essentially extends the term of the variance
previously granted August 22, 1991 in PCB
90-242, to allow open burning of explosive
waste.
93-249
Glenbard Wastewater Authority v. EPA - The
Board granted voluntary withdrawal of this
NPDES permit appeal involving a DuPage
County facility.
93-257
J.M. Sweeney Co. v. EPA - The Board
granted this Cook County motor vehicle
fueling facility a variance until March 31,
1995 from certain of the air pollution control
regulations that require the installation of
Stage II vapor recovery equipment to control
the emissions of volatile organic material.
94-18
City of Wheaton v. Office of the State Fire
Marshall - The Board granted summary
judgment, affirming the determination of the
Office of the State Fire Marshall, in the
underground storage tank fund reimbursement
determination appeal involving a DuPage
County facility.
94-47
Dart Container Corporation of Illinois v. EPA
- The Board granted voluntary withdrawal of
this underground storage tank fund
reimbursement determination appeal involving
a Kane County facility.
94-80
Gunite Corporation v. EPA - The Board
granted voluntary withdrawal pursuant to a
jointly-filed stipulation of settlement and
dismissed this underground storage tank fund
reimbursement determination appeal involving
a Winnebago County facility.
94-106
Sheridan Towers Partnership, Beneficiary
under Trust No. 118462 LaSalle National
Trust, N.A. Trustee v. Office of the Illinois
State Fire Marshall - The Board granted
voluntary withdrawal of this underground
storage tank fund reimbursement
determination appeal involving a Cook County
facility.
94-171
Granite City Steel Division, National Steel
Corporation v. EPA - The Board granted
voluntary withdrawal of this underground
storage tank fund reimbursement
determination appeal involving a Madison
County facility.
94-189
Unocal Corporation v. Office of the State Fire
Marshall - The Board granted voluntary
withdrawal of this underground storage tank
fund reimbursement determination appeal
involving a Cook County facility.
94-203
Citizens Utilities Company of Illinois and the
Village of Plainfield v. IEPA and the Village
of Bolingbrook - The Board dismissed this
third party NPDES permit appeal involving a
Will County facility for lack of subject matter
jurisdiction.
94-239
Department of the Army, Rock Island District,
Corps of Engineers v. IEPA - Upon receipt of
an Agency recommendation, the Board
granted the petitioner a 45-day provisional
variance from certain of the water pollution
control effluent and water quality regulations
applicable to discharges of iron, sulfate, and
manganese, to allow continued operations
during a period of rehabilitation work on 11
pressure relief wells in Hancock, Adams, and
Pike Counties.
AC 94-43
EPA v. Raymond E. Bennington and Jane
Bennington - The Board entered a default
order, finding that the Livingston County
respondents had violated Section 21(p)(1) of
the Act and ordering them to pay a civil
Page
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8/ October, 1994
/ October, 1994
Environmental Register No. 487
Environmental Register No. 487
penalty of $500.00.
AC 94-44
EPA v. John Svendsen - The Board entered a
default order, finding that the Macon County
respondent had violated Sections 21(p)(1) and
(p)(3) of the Act and ordering him to pay a
civil penalty of $1,000.00.
AC 94-45
EPA v. Gallatin National Company - The
Board entered a default order, finding that the
Fulton County respondent had violated Section
21(o)(13) of the Act and ordering it to pay a
civil penalty of $500.00.
AC 94-46
EPA v. Abundant Life Pentecostal Church -
The Board entered a default order, finding that
the Vermilion County respondent had violated
Section 21(p)(1) of the Act and ordering it to
pay a civil penalty of $500.00.
AC 94-53
County of DuPage v. Waste Management of
Illinois - The Board entered a default order,
finding that the DuPage County respondent
had violated Section 21(o)(5) of the Act and
ordering it to pay a civil penalty of $500.00.
AC 94-55
EPA v. Ron Fijal d/b/a Ronny's Gear Service
- The Board entered a default order, finding
that the Cook County respondent had violated
Section 21(p)(1) of the Act and ordering it to
pay a civil penalty of $500.00.
AC 94-57
EPA v. Joseph Powell and Della Powell - The
Board entered a default order, finding that the
Menard County respondents had violated
Sections 21(p)(1) and (p)(3) of the Act and
ordering them to pay a civil penalty of
$1,000.00.
AC 94-62
EPA v. Wesley Simpson - The Board entered
a default order, finding that the Peoria County
respondent had violated Section 21(p)(1) of the
Act and ordering him to pay a civil penalty of
$500.00.
AS 92-13
In the Matter of: Petition of Alumax Inc. for
an Adjusted Standard from 35 Ill. Adm. Code
218 - The Board granted this Grundy County
facility an adjusted standard with conditions
from certain of the air pollution control
regulations pertaining to emissions of volatile
organic material emissions from "other emis-
sion units".
AS 93-8
In the Matter of: Petition of Akzo Chemicals,
Inc. for an Adjusted Standard from 35 Ill.
Adm. Code 304.105 and 302.208 - The Board
granted this Grundy County facility an
adjusted standard with conditions from the
general use water quality standards applicable
to Aux Sable Creek and the Illinois River for
boron, chloride, sulfate, and total dissolved
solids.
R90-26(B)In the Matter of: Foundry & Steel Industry
Amendments to the Landfill Regulations, 35
Ill. Adm. Code 817 -
See Rulemaking
Update.
NEW CASES
NEW CASES - September 1, 1994 BOARD MEET
- September 1, 1994 BOARD MEETING
ING
94-178
Herrin Security Bank v. Shell Oil Company -
The Board determined that this citizen's land
enforcement action involving a Williamson
County facility was not frivolous and
duplicitous and set it for hearing.
94-198
Caterpillar, Inc. (Mapleton Facility) v. IEPA -
The Board accepted this land variance
involving a facility in Peoria County for
hearing.
94-204
Mary Lou Powell v. Mr. M. Ceisel and Laser
Express Auto Bath - The Board determined
that this citizen's noise enforcement action
against a DuPage County facility was not
frivolous and duplicitous and set it for hearing.
94-220
People of the State of Illinois v. City of Gil-
lespie, Macoupin County; John Crawford,
d/b/a Knostman Crawford Associates; and H
Environmental Register No. 487
Environmental Register No. 487
October, 1994/Page
October, 1994/Page 9
9
& H Mechanical and Electrical Contractors,
Inc. - The Board accepted this water pollution
control enforcement action against a Macoupin
County facility for hearing.
94-221
People of the State of Illinois v. Harper Oil
Company - The Board accepted this
underground storage tank enforcement action
against a Effingham County facility for
hearing.
94-222
Village of Hoffman Estates v. IEPA - The
Board ordered the submission of more
information in this public water supply
variance matter involving a Cook County
facility.
94-223
J. I. Case Company v. IEPA - The Board held
this underground storage tank cleanup
objectives appeal involving a Rock Island
County facility.
94-224
Stickney-Forest View Public Library District
v. Office of the State Fire Marshal - The
Board accepted this underground storage tank
fund reimbursement determination appeal
involving a Cook County facility for hearing.
94-225
Amoco Oil Company v. IEPA - The Board
accepted this underground storage tank fund
reimbursement determination appeal involving
a DuPage County facility for hearing.
94-226
Boutin Cleaners v. IEPA - The Board
accepted this underground storage tank fund
reimbursement determination appeal involving
a Lake County facility for hearing.
94-227
Western Lion Limited v. IEPA - The Board
accepted this landscape waste facility permit
appeal involving a Coles County facility for
hearing.
94-228
People of the State of Illinois v. ABC Rail
Products Corporation - The Board received a
proposed stipulation and settlement agreement
in this air enforcement action against a Cook
County facility and ordered publication of the
required newspaper notice.
94-229
Village of Creve Coeur v. IEPA - The Board
held this water well setback exception petition
involving a Tazewell County facility.
94-230
Bargain Auto Rental, Inc./Budget Rent A Car
v. Office of the State Fire Marshal - The
Board held this underground storage tank fund
reimbursement determination appeal involving
a DuPage County facility.
94-231
National Steel Corporation, Granite City
Division v. IEPA - The Board accepted this
on-site landfill permit appeal involving a
Madison County facility for hearing.
94-232
Browning-Ferris Industries of Illinois, Inc. v.
IEPA -
94-233
Amoco Oil Company v. IEPA - The Board
accepted this solid waste permit appeal
involving a DeKalb County recycling facility
for hearing.
94-234
Amoco Oil Company v. IEPA - The Board
accepted this underground storage tank fund
reimbursement determination appeal involving
a DuPage County facility for hearing.
94-235
Amoco Oil Company v. IEPA - The Board
accepted this underground storage tank fund
reimbursement determination appeal involving
a DuPage County facility for hearing.
94-236
J. R. Meyers Company, Inc. v. IEPA - The
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Page 10
10/ October, 1994
/ October, 1994
Environmental Register No. 487
Environmental Register No. 487
Board ordered the submission of more information in this
underground storage tank fund reimbursement determination
appeal involving a Lake County facility.
94-237
Marathon Oil Company v. IEPA - The Board
accepted this underground storage tank fund
reimbursement determination appeal involving
a Cook County facility for hearing.
94-238
Ragulo Gonzalez v. Office of the State Fire
Marshal - The Board accepted this
underground storage tank fund reimbursement
determination appeal involving a Winnebago
County facility for hearing.
94-239
Department of the Army, Rock Island District,
Corps of Engineers v. IEPA -
See Final
Actions.
AS 94-13
In the Matter of: Petition of Browning-Ferris
Industries of Illinois, Inc.; Browning-Ferris
Industries of Iowa, Inc.; and, BFI Modern
Landfill, Inc. for an Adjusted Standard from
35 Ill. Adm. Code 811.714(b) - The Board
accepted this petition for an adjusted standard
from certain of the landfill financial
responsibility requirements for hearing, for
facilities in Lake, DuPage, Rock Island, Ogle,
and St. Clair Counties.
FINAL ACTIONS
FINAL ACTIONS - September 15, 1994 BOARD MEETING
- September 15, 1994 BOARD MEETING
92-33
Erich J. Mandel v. Thaddeus G. Kulpaka -
The Board construed the respondent's silence
as consent to the petitioner's motion for
voluntary dismissal and dismissed this land
and water pollution complaint against a Cook
County respondent, as well as the respondent's
counterclaim.
92-123
Chemrex, Incorporated v. EPA - In response
to a joint report filed by the parties that stated
that they agreed that the decision in Chemrex,
Inc. v. PCB (1st Dist. 1993), 257 Ill. App. 3d
274, 628 N.E.2d 963, determined that the
tanks at issue were eligible for reimbursement,
the Board remanded this underground storage
tank fund reimbursement determination appeal
involving a Cook County facility to the
Agency for determination of the appropriate
deductible amount and the reasonableness of
costs.
93-79
Pace Suburban Bus Division of RTA v. EPA -
In response to cross motions for summary
judgment, the Board determined that the Cook
County tanks were registered with the Office
of the State Fire Marshall and eligible for
reimbursement, and it remanded this
underground storage tank fund reimbursement
determination appeal to the Agency for
determination of the appropriate deductible
amount and the reasonableness of costs.
93-136
Safety-Kleen Corp. (Caseyville
Service/Accumulation Center) v. EPA - The
Board granted voluntary withdrawal of this
RCRA permit appeal involving a St. Clair
County facility.
93-145
People of the State of Illinois v. Monarch
Asphalt Company - The Board accepted a
stipulation and settlement agreement in this air
enforcement action against a Cook County
respondent, ordered the respondent to pay a
civil penalty of $9,000.00, and ordered it
cease and desist from further violation.
94-1
People of the State of Illinois v. Robert D.
Fosnock, d/b/a Fos Auto and Truck Parts -
The Board found that this Macoupin County
respondent had violated the used tire manage-
ment and land pollution control provisions of
the Act and Board regulations in this land
pollution control enforcement action, ordered
the respondent to pay a $156,250.00 civil
penalty, and ordered it to cease and desist
from further violation.
94-155
Cabot Corporation v. EPA - The Board
granted this Douglas county facility a variance
from a condition to the variance from certain
of the underground injection control
regulations granted March 25, 1993 in docket
PCB 92-179.
Environmental Register No. 487
Environmental Register No. 487
October, 1994/Page
October, 1994/Page 11
11
94-159
Grimm's Diversified Service Corp. v. EPA -
The Board granted voluntary dismissal of this
underground storage tank fund reimbursement
determination appeal involving a Tazewell
County facility.
94-165
Robert J. Sheehy & Sons Funeral Home v.
EPA - The Board dismissed this underground
storage tank fund reimbursement
determination appeal involving a Cook County
facility because the petitioner did not timely
file an amended petition as ordered on June
30, 1994.
94-251
City of Waterloo v. EPA - Upon receipt of an
Agency recommendation, the Board granted
this Monroe County drinking water supplier a
45-day provisional variance to allow it to
obtain water main construction permits while
it is on restricted status for insufficient
capacity.
94-252
Citizens Utilities Company of Illinois v. EPA -
Upon receipt of an Agency recommendation,
the Board granted this DuPage County
drinking water supplier a 45-day provisional
variance to allow it to obtain water main
construction permits while it is on restricted
status for insufficient water storage capacity.
94-253
Austeel Lemont Company, Inc. v. EPA -
Upon receipt of an Agency recommendation,
the Board granted this Cook County facility a
30-day provisional variance from the 90-day
limitation on accumulation of hazardous
waste.
94-254
City of Knoxville v. EPA - Upon receipt of an
Agency recommendation, the Board granted
this Knox County wastewater treatment
facility a 45-day provisional variance from the
excess flow limitation requirements of the
water pollution control regulations during a
period of plant repairs.
AC 94-16
Sangamon County v. Leroy Donley and Don-
ley, Inc. - The Board dismissed this
administrative citation as to the personal
respondent and entered a default order against
the Sangamon County corporate respondent,
finding that it had violated Sections 21(p)(1)
and (p)(3), ordering the complainant to submit
a statement of hearing costs, and deferring
imposition of a penalty and costs.
AC 94-63
Sangamon County v. Halverson Construction
Company, Inc. - The Board entered a default
order, finding that the Sangamon County
respondent had violated Sections 21(p)(1),
(p)(3), and (p)(4) of the Act and ordering it to
pay a civil penalty of $1,000.00.
AC 94-64
EPA v. John Hunt - The Board entered a
default order, finding that the DeWitt County
respondent had violated Section 21(p)(1) of the
Act and ordering him to pay a civil penalty of
$500.00.
AC 94-65
EPA v. Thomas J. Martin - The Board entered
a default order, finding that the Champaign
County respondent had violated Sections
21(p)(1) and (p)(4) of the Act and ordering
him to pay a civil penalty of $500.00.
AC 94-67
EPA v. Kirk Dana - The Board entered a
default order, finding that the Henry County
respondent had violated Section 21(p)(1) of the
Act and ordering him to pay a civil penalty of
$500.00.
R94-2(A)
In the Matter of: Regulation of Petroleum
Leaking Underground Storage Tanks, 35 Ill.
Adm. Code 732 -
See Rulemaking Update.
R94-12
In the Matter of: 15% ROP Pan Control
Measures for VOM Emissions--Part I:
Pressure/Vacuum Relief Valves and 7.2 RVP,
35 Ill. Adm. Code 201, 211, 218 & 219 -
See
Rulemaking Update.
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12/ October, 1994
/ October, 1994
Environmental Register No. 487
Environmental Register No. 487
NEW CASES
NEW CASES - September 15, 1994 BOARD MEET
- September 15, 1994 BOARD MEETING
ING
94-229
Village of Creve Coeur v. EPA - The Board
accepted this water well setback exception
petition involving a Tazewell County facility
for hearing.
94-230
Bargain Auto Rental, Inc./Budget Rent A Car
v. Office of the State Fire Marshal - The
Board accepted this underground storage tank
fund reimbursement determination appeal
involving a DuPage County facility for
hearing.
94-240
International Union, United Automobile,
Aerospace and Agricultural Implement
Workers of America and UAW Local 974;
and Citizens For a Better Environment v.
Caterpillar, Inc. - The Board held this citi-
zens' RCRA enforcement action against a
Tazewell County facility for a frivolous and
duplicitous determination.
94-241
Crop Production Services, Inc. v. EPA - The
Board accepted this underground storage tank
fund reimbursement determination appeal
involving a Randolph County facility for
hearing.
94-242
People of the State of Illinois v. Central Lake
County Joint Action Water Agency - The
Board received a proposed stipulation and
settlement agreement in this water
enforcement action against a Lake County
facility and ordered publication of the required
newspaper notice.
94-243
ESG Watts, Inc. v. EPA - The Board accepted
this RCRA permit appeal involving a
Randolph County facility for hearing.
94-244
Rodney B. Nelson, M.D. v. Kane County
Forest Preserve, Bradley Sauer, Chairman;
Kane County Board, Warren Kammerer,
Chairman - The Board held this citizen's water
enforcement action against a Kane County
facility for a frivolous and duplicitous
determination.
94-245
People of the State of Illinois v. Klueter
Brothers Concrete Products, Inc. - The Board
accepted this air enforcement action against a
Madison County facility for a mandatory
hearing.
94-246
People of the State of Illinois v. Odum
Concrete Products, Inc. - The Board accepted
this air enforcement action against a
Williamson County facility for a mandatory
hearing.
94-247
Rodney B. Nelson, M.D. v. Kane County
Forest Preserve, Bradley Sauer, Chairman;
Kane County Cougars, William Larsen,
General Manager - The Board held this citi-
zen's air and noise enforcement action against
a Kane County facility for a frivolous and
duplicitous determination.
94-248
People of the State of Illinois v. Comerica
Bank - The Board received a proposed
stipulation and settlement agreement in this air
enforcement action against a Cook County
facility and ordered publication of the required
newspaper notice.
94-249
People of the State of Illinois v. Village of
Rock City - The Board received a proposed
stipulation and settlement agreement in this
water enforcement action against a Stephenson
County facility and ordered publication of the
required newspaper notice.
94-250
William Bartz v. EPA - The Board accepted
this underground storage tank fund
reimbursement determination appeal involving
a Cook County facility for hearing.
94-251
City of Waterloo v. EPA -
See Final Actions.
94-252
Citizens Utilities Company of Illinois v. EPA -
See Final Actions.
94-253
Austeel Lemont Company, Inc. v. EPA -
See
Final Actions.
94-254
City of Knoxville v. EPA -
See Final Actions.
CALENDAR OF HEARINGS
CALENDAR OF HEARINGS
All hearings held by the Board are open to the public. All Pollution Control Board Meetings (highlighted) are open to the
public but public participation is generally not allowed. Times and locations are subject to cancellation and rescheduling
without notice. Confirmation of hearing dates and times is available from the Clerk of the Board at 312- 814-6931.
October 4
1:00 p.m.
AC 94-8
AC
EPA v. Atkinson Landfill Company (Henry County Landfill #2) - E.M.A. office,
Henry County Jail, Cambridge.
October 6
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
Environmental Register No. 487
Environmental Register No. 487
October, 1994/Page
October, 1994/Page 13
13
October 12
9:00 a.m.
PCB 94-127
L-E
People of the State of Illinois v. James Lee Watts, individually and d/b/a Watts
Trucking Service, Inc., and ESG Watts, Inc. - Illinois Pollution Control Board, Suite
402, 600 South Second Street, Springfield.
October 12
10:00 a.m.
PCB 94-207
P-A, Land
Wilmer Brockman, Jr. and First Midwest Bank/Illinois, as Trustee under Trust No.
757 v. EPA - Sheriff's Training Room, 707 Aetna Road, Ottawa.
October 13
10:00 a.m.
PCB 94-74
A-E
People of the State of Illinois v. Glen Fearneyhough, d/b/a Beardstown Lumber &
Ready Mix - Beardstown City Hall, Courtroom, 101 West 3rd Street, Beardstown.
October 13
10:00 a.m.
PCB 94-208
P-A, Air
A.E. Staley Manufacturing Co. v. EPA - Decatur Civic Center, Third Floor, Small
Conference Room, 1 Gary K. Anderson Plaza, Decatur.
October 14
9:30 a.m.
AS 94-11
Land
In the Matter of: Petition of Winnebago Reclamation Service, Inc. for an Adjusted
Standard from 35 Ill. Adm. Code 811.710(c) and 811.713(c)(1) - County Boardroom,
400 West State Street, Rockford.
October 19
10:00 a.m.
PCB 94-98
L-S-R, 3d P
Beardstown Area Concerned Citizens for a Better Environment v. City of Beardstown
and Southwest Energy Corp. - Elk's Club, 205 East Second Street, Beardstown.
October 20
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.
PCB 94-134
A&W-E
People of the State of Illinois v. Bakley Construction Corp. - McHenry County
Government Center, Room B358, 2200 North Seminary, Woodstock.
October 25
10:00 a.m.
AS 94-12
Land
In the Matter of: Petition of Waste Management of Illinois, Inc. for an Adjusted
Standard from 35 Ill. Adm. Code 807.665(b) and 811.714(b) - Christian County
Courthouse, Board Room, 2nd Floor, 101 North Main Street, Taylorville.
October 25
1:00 p.m.
PCB 94-146
N-E, Citiz.
Dorothy L. Hoffman v. City of Columbia - Columbia City Hall, City Council Room,
208 South Rapp, Columbia.
October 27
10:00 a.m.
PCB 94-200
L-V
Illinois Landfill, Inc. v. EPA - Vermilion County Courthouse Annex, Room 213, 6
North Vermilion Street, Danville.
October 28
10:00 a.m.
PCB 94-26
P-A, Air
Marathon Oil Company v. EPA - Robinson Library, 606 North Jefferson, Robinson.
October 28
10:00 a.m.
PCB 94-27
A-V
Marathon Oil Company v. EPA - Robinson Library, 606 North Jefferson, Robinson.
November 3
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
November 4
10:00 a.m.
R 94-21
R, Air
In the Matter of: 15% ROP Plan Control Measures for VOM Emissions--Part IV:
Amendments to 35 Ill. Adm. Code 211, 218 & 219 - James R. Thompson Center,
Room 9-040, 100 West Randolph Street, Chicago.
November 9
9:30 a.m.
PCB 93-205
P-A, RCRA
Safety-Kleen Corporation (Dolton Recycling Center) v. EPA - James R. Thompson
Center, 100 West Randolph Street, Room 11-500, Chicago.
November 10
10:30 a.m.
R 94-1
R, Water
In the Matter of: Amendments to 35 Ill. Adm. Code 302.202, 302.208, 302.212,
302.213, 302.407, 304.122 & 304.301 (Ammonia Nitrogen, Lead, and Mercury) -
James R. Thompson Center, Room 2-025, 100 West Randolph Street, Chicago.
November 15
10:00 a.m.
AS 91-13
Water
In the Matter of: Petition of the City of Rock Island for an Adjusted Standard from 35
Ill. Adm. Code 304 - Rock Island City Hall, Council Chambers, 1528 Third Avenue,
Rock Island.
November 16
9:30 a.m.
AS 91-13
Water
In the Matter of: Petition of the City of Rock Island for an Adjusted Standard from 35
Ill. Adm. Code 304 - Rock Island City Hall, Council Chambers, 1528 Third Avenue,
Rock Island.
Page
Page 14
14/ October, 1994
/ October, 1994
Environmental Register No. 487
Environmental Register No. 487
November 17
9:00 a.m.
PCB 94-176
P-A, Land
ESG Watts, Inc. (Sangamon Valley Landfill) v. EPA - Springfield Municipal Building,
City Council Chambers, Third Floor, 7th and Monroe Streets, Springfield.
November 17
10:00 a.m.
PCB 94-215
UST-FRD
Stroh Oil Company v. Office of the State Fire Marshal - Pollution Control Board
Office, 600 South Second Street, Suite 402, Springfield.
November 18
10:00 a.m.
PCB 94-150
A&N, Citiz.
Angela M. White v. Terry & Billie Van Tine & Schneider Transport, Inc. - City
Council Chambers, 211 North Hamilton, Monticello.
November 18
9:00 a.m.
PCB 94-176
P-A, Land
ESG Watts, Inc. (Sangamon Valley Landfill) v. EPA - Springfield Municipal Building,
City Council Chambers, Third Floor, 7th and Monroe Streets, Springfield.
November 22
10:30 a.m.
R 94-1
R, Water
In the Matter of: Amendments to 35 Ill. Adm. Code 302.202, 302.208, 302.212,
302.213, 302.407, 304.122 & 304.301 (Ammonia Nitrogen, Lead, and Mercury) -
Law Enforcement Training Center, 600 South 2nd Street, Suite 300, Springfield.
December 1
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
December 2
10:00 a.m.
R 94-21
R, Air
In the Matter of: `5% ROP Plan Control Measures for VOM Emissions--Part IV:
Amendments to 35 Ill. Adm. Code 211, 218 & 219 - James R. Thompson Center,
Room 2-025, 100 West Randolph Street, Chicago.
December 7
10:00 a.m.
AC 94-37
AC
Coounty of Ogle v. City of Rochelle, Owner/Operator, and Rochelle Disposal Service,
Inc., Operator under Contract ((Rochelle Municipal #2 Landfill) Ogle County Docket
No.--None) - Ogle County Courthouse, Conference Room #5, 110 South Fourth
Street, Oregon.
December 7
10:00 a.m.
AC 94-39
AC
County of Macon and IEPA v. Macon County Landfill Corp. - Ogle County
Courthouse, Conference Room #5, 110 South Fourth Street, Oregon.
December 12
10:00 a.m.
PCB 94-191
P-A, NPDES
Arco Products Company, a Division of Atlantic Richfield Company v. EPA - James R.
Thompson Center, Suite 11-500, 100 West Randolph Street, Chicago.
December 14
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
December 15
10:00 a.m.
PCB 94-195
L-S-R
Land and Lakes Co., JMC Operations, Inc., and NBD Trust Company of Illinois, as
Trustee under Trust No. 2624 EG v. Village of Romeoville - Village Hall Board
Room, 13 Montrose Drive, Romeoville.
December 16
10:00 a.m.
R 94-21
R, Air
In the Matter of: 15% ROP Plan Control Measures for VOM Emissions--Part IV:
Amendments to 35 Ill. Adm. Code 211, 218 & 219 - James R. Thompson Center,
Room 9-040, 100 West Randolph Street, 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
Environmental Register No. 487
Environmental Register No. 487
October, 1994/Page
October, 1994/Page 15
15
A-E
Air Enforcement
A&N-EAir and Noise Enforcement
A-S
Adjusted Standard
A-VAir Variance
A&W-E
Air and Water Enforcement
Citiz.Citizens' Action
CSO
Combined Sewer Overflow Exception
EPCRA-EEmergency Planning and Community Right to
Know Act Enforcement
GW
Groundwater
HW DelistRCRA Hazardous Waste Delisting
L-E
Land Enforcement
L-S-RLandfill Siting Review
L-V
Land Variance
N-ENoise Enforcement
N-V
Noise Variance
P-APermit Appeal
PWS-E
Public Water Supply Enforcement
PWS-VPublic Water Supply Variance
R
Regulatory Proceeding
RCRAResource Conservation and Recovery Act proceeding
(hazardous waste only)
RCRA-E
RCRA Enforcement
RCRA-VRCRA Variance
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
WWSE
Water-Well Setback Exception
Page
Page 16
16/ October, 1994
/ October, 1994
Environmental Register No. 487
Environmental Register No. 487
Printed by Authority of the State of Illinois, October, 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
Joseph Yi
Palatine, Illinois
Chicago, Illinois
Park Ridge, 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.