Printed on Recycled Paper
E
NVIRONMENTAL
R
R
EGISTER
No. 492
Illinois Pollution Control Board News
March, 1995
GOVERNOR EDGAR ISSUES EXECUTIVE ORDER CREATING NEW
DEPARTMENT OF NATURAL RESOURCES
By Executive Order 95-2, dated March 1, 1995, to take effect on July 1, 1995 (19 Ill. Reg. 3573, Mar. 17, 1995), Governor
Jim Edgar consolidated several executive agency functions to simplify the structure of the government, improve accountability,
increase accessibility, and enhance efficiency and effectiveness. The order renames the Department of Conservation to the
Department of Natural Resources. Consolidated into the new "DNR" are the Department of Energy and Natural Resources
(ENR), the Department of Mines and Minerals, the Abandoned Mined Lands Reclamation Council, and the Department of
Transportation Division of Water Resources. The ENR's energy conservation, alternative energy, and coal development and
marketing programs will transfer to the Department of Commerce and Community Affairs under the order. The
responsibilities of the Department of Conservation under the Lincoln Monument Act (20 ILCS 815) will transfer to the Historic
Preservation Agency. Certain solid waste-related functions of ENR will transfer to the Illinois EPA. The personnel
performing the various functions and all appropriations, properties, and records associated with those functions that are
reassigned will transfer with their functions.
BOARD CASE LOAD INCREASES; BOARD SCHEDULES ADDITIONAL BOARD MEETINGS
The Board has scheduled additional meetings to help cope with the increasing work load that it has encountered
in recent months. With the additional meetings, the Board is now scheduled to meet on April 6 and 20, May 4 and 18,
and June 1 and 15, 1995. The Board had previously experimented with weekly meetings during January, February, and
March, in addition to the regular meetings on the third Thursday of each month, to deal with such matters as new cases,
provisional variances, and routine motions. Under the newly-adopted first and third Thursday meeting schedule, the
Board will deal with all matters, including substantive decisions, at these bimonthly meetings.
Over the past several months, the Board's case load has increased dramatically. The number filed in each
category of cases has increased. The Board received 393 contested cases (PCBs; enforcement actions, permit appeals,
and variance petitions) in calendar year 1994, which is 64 percent more than the average number filed during the
preceding five years. The Board received 20 petitions for adjusted standards (ASs) in 1994, approximately 127 percent
more than the preceding five years' average. During 1994, 34 rulemaking petitions (Rs) were filed with the Board,
representing a 27 percent increase over the preceding 5-year period. Finally, 100 administrative citations (ACs) filed
during 1994 represents a 27 percent increase over the years 1992 through 1993. During this time the number of opinions
and orders generated by the Board increased from 1001 (fiscal year 1991) to 1575 (FY 1995 estimate), and the Board
reduced the time needed to complete an average case by 59 percent.
Major factors contributing to the increased caseload are 1) an increased volume of administrative citations filed
by counties granted delegated authority by the Agency, 2) the increased filing of cases relating to leaking underground
storage tank (UST) remedial action and reimbursement determination appeals, and 3) the Clean Air Act (CAA)
rulemakings. The General Assembly revised the statutory CAA provisions in 1992 and the LUST provisions in 1993.
(
See issues 457, Sept. 16, 1992 & 475, Oct. 6, 1993.)
The Board anticipates that LUST-related filings will continue to
increase.
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Environmental Register No. 492
Environmental Register No. 492
APPELLATE UPDATE
APPELLATE UPDATE
FIFTH DISTRICT CONCLUDES THAT A BOARD DECISION
REMANDING THE PERMIT APPEAL TO THE AGENCY IS
INTERLOCUTORY
In a summary order issued March 9, 1995, in
Marathon Oil Co. v.
EPA
, No. 5-94-0295, the Fifth District appellate court determined
that it did not have jurisdiction to hear an appeal of a Board
decision. In the underlying decision in an NPDES permit appeal,
the Board had remanded the matter to the Agency for technical
determinations and disposition. The permittee appealed to the Fifth
District, arguing three cited cases,
Grigoleit Co. v. PCB
(1993), 245
Ill. App. 3d 337, 613 N.E.2d 371,
Wilkey v. Illinois Racing Board
(1983), 96 Ill. 2d 245, 449 N.E.2d 843, and
Bio-Medical
Laboratories, Inc. v. Trainor
(1977), 68 Ill. 2d 540, 370 N.E.2d 223,
indicated that the court had jurisdiction to hear the appeal.
The court disagreed, noting that in each of those cases where an
appeal was allowed, the remand was for a "ministerial act". In the
instant appeal, the court observed that the Board had remanded to
the Agency for substantive determinations and calculations. It noted
that those Agency actions could render the appeal moot. Therefore,
the court dismissed the appeal.
FIFTH DISTRICT AFFIRMS BOARD RCRA CLOSURE PLAN
DECISION
In a March 9, 1995 summary order, in
EPA v. PCB and
Permatreat of Illinois, Inc.
, No. 5-94-0237, the Fifth District appellate
court affirmed the Board's December 16, 1993 decision in
Per-
matreat of Illinois, Inc. v. EPA
, PCB 93-159. In that decision, the
Board determined that certain conditions imposed by the Agency on
a closure plan submitted by Permatreat for its Williamson County
facility were not necessary to ensure compliance with the Act and
Illinois regulations. The Fifth District concluded after review of the
record before it that the Board adequately explained its decision,
there was no error of law, and the record did not show the decision
was against the manifest weight of the evidence.
Permatreat had accumulated hazardous waste on a concrete drip
pad at its wood preserving treatment facility. The Agency had
contended that this was a waste pile, and Permatreat sought
agreement with the Agency for a "clean closure" of the waste pile as
an interim status hazardous waste treatment, storage, or disposal
facility. The Agency imposed conditions on the submitted closure
plan that included,
inter alia
, obligations to inspect the drip pad for
cracks and leaks and to conduct soils testing.
In rendering the
Permatreat
decision, the Board initially
questioned whether the pile of material on the drip pad was a waste
pile, holding that the accumulated material on the drip pad was not
a hazardous waste while draining on the pad. Rather, the material
did not become hazardous waste until removed from the pad after
draining. The Board questioned whether the waste pile clean
closure requirements even applied, but noted that the appeal
challenged certain conditions and not the underlying permit. The
Board found that the record did not support the conclusion that a
crack found in 1993 existed in 1991 at the time of the Agency's
permit determination. The Board further found that soils
discoloration around the pad were discovered also in 1993, but that
the record did not indicate that it was related to the "waste pile" for
which closure was sought. The Board noted that the discolored
soils from a nondisclosed source could indicate contamination,
which would constitute a violation of the Act and regulations, but an
appeal of the closure permit was not the proper context for relief.
The Board concluded that the challenged conditions were not
necessary to assure compliance with regard to the closure of the
"pile". However, the Board let stand a portion of the conditions that
related to steam-cleaning the drip pad because the permittee had
agreed to perform that task.
THIRD DISTRICT HOLDS THAT CORPORATE OFFICERS MAY
BE HELD LIABLE FOR VIOLATIONS OF THE ACT
In
People v. C.J.R. Processing, Inc.
(3d Dist. Mar. 8, 1995), No.
3-94-0268, a case not involving the Board, the court determined that
corporate officers can be held liable for violations of the
Environmental Protection Act. The court reversed a Grundy County
circuit court decision dismissing a complaint as to one corporate
officer defendant. The circuit court had concluded that the Act's
definition of "person" did not include corporate officers.
The corporate and personal defendants operated a waste
management facility in Morris, Illinois. An inspection by the Agency
revealed waste scattered at the site, and the Attorney General filed
a multi-count complaint in Grundy County against the several
defendants, including the corporate officer defendant. The
complaint alleged several violations of the Act, and included one
count of statutory nuisance and one count of common law nuisance.
The corporate officer defendant sought dismissal as to himself, and
the circuit court granted dismissal, holding that the Section 3.26
(415 ILCS 5/3.26) definition of "person" does not include corporate
officers.
The Third District framed the issues before it as 1) whether a
corporate officer is a "person" within the meaning of the Section
3.26 definition, and 2) whether a corporate officer may be held
individually responsible for a corporation's violations of the Act. The
court noted that the Section 3.26 definition is very similar to that of
Section 1003(15) of the federal Resource Conservation and
Recovery Act (RCRA; 42 U.S.C. ยง 6903(15)). It noted that the
federal appellate court construed this in
U.S. v. Northeastern
Pharmaceutical and Chemical Co.
, 810 F.2d 726 (8th Cir. 1986), to
hold the corporate officers individually liable for the corporation's
violations. The court refused to distinguish the
Northeastern
Pharmaceutical
case on the basis that the present complaint
involved non-hazardous special waste and that of
Northeastern
Pharmaceutical
involved hazardous waste, since the RCRA
definition involved applied to both hazardous and non-hazardous
solid waste.
Declining to follow
People v. Celotex Corp.
, 516 F. Supp. 716
(C.D. Ill. 1981), where the federal district court construed the Illinois
definition differently, the Third District held that a corporate officer is
included in the Act Section 3.26 definition of "person". The court
then examined the sufficiency of the complaint and determined that
the circuit court had erred in finding it insufficient and dismissing it
as to the corporate officer defendant. The Third District reversed
that decision and remanded the case.
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3
CONTESTED CASES UPDATE
CONTESTED CASES UPDATE
STATE AGENCY HAD NO SOVEREIGN IMMUNITY FROM
ENFORCEMENT ACTION
The Board determined on February 16, 1995 that a state agency
isnot insulated by sovereign immunity from an enforcement action
brought under the Environmental Protection Act. In an order issued
in the consolidated cases of
People v. Boyd Brothers, Inc.
, PCB 94-
275, and
Boyd Brothers, Inc. v. Abandoned Mined Lands
Reclamation Council
, PCB 94-311, the alleged violations involved
acidic discharges to a stream. The People filed an enforcement
action against respondent, Boyd Brothers, for the discharges. Boyd
Brothers subsequently filed a separate citizens' enforcement action
against another respondent, Abandoned Mined Lands Reclamation
Council, a state agency, for the discharges. Boyd Brothers claimed
that it was undertaking reclamation activities at a mine site under
contract with the Reclamation Council and that the Council was
responsible for the discharge.
The Attorney General filed a motion to dismiss the action against
the Reclamation Council. The Attorney General argued that the
State Lawsuit Immunity Act (745 ILCS 5/1) prohibited the action
against the Council because the action could potentially subject it to
a monetary penalty if successful. The Attorney General further
argued that because the allegations against the Reclamation
Council were based on the reclamation contract between Boyd
Brothers and the Council, the Court of Claims was the more
appropriate forum. Boyd Brothers argued in response that the State
Lawsuit Immunity Act prohibits "claims against the state" made in
court. It highlighted that this enforcement action was before the
Board, an administrative agency, and it was not a "claim" or suit for
a money judgment. Boyd Brothers contended that the action was
specifically authorized by the Environmental Protection Act, and that
the Court of Claims was not the proper forum to determine whether
a violation of the Act occurred.
The Board examined the relevant statutes and determined that
dismissal was not appropriate on this basis. The Board observed
that Section 31(b) of the Environmental Protection Act authorizes a
complaint and Section 42(a) a civil penalty against "any person" for
violation of the Act. The Board noted that the statutory definition
"person", at Section 3.26, expressly includes a "state agency", and
that Section 47(a) imposes the duty of compliance on the "State of
Illinois and all its agencies". The Board followed its holding in
EPA
v. City of Champaign
(Sept. 16, 1971), PCB 71-51C,
rev'd on other
grounds
, 12 Ill. App. 3d 720, 299 N.E.2d 28 (4th Dist. 1973), in
which it concluded that since an enforcement action under the
Environmental Protection Act is a statutory action, and not one in
tort, and since the Act imposes the duty of compliance on state
agencies, the Board has jurisdiction to hear complaints filed against
state agencies. The Board denied the motion to dismiss.
THE AGENCY CANNOT ISSUE A SUPPLEMENTAL PERMIT TO
SUSPEND WASTE ACCEPTANCE WHERE THE FACILITY
NEVER HAD AN OPERATING PERMIT AND NEVER RECEIVED
THE PERMITTED WASTE
The Board dismissed a permit appeal on February 16, 1995
seeking to overturn an Agency denial of a supplemental permit to
allow the permittee to suspend accepting waste. In
Brockman v.
EPA
, PCB 94-207, the permittee sought a supplemental permit
under Section 39(c) of the Act to allow it to temporarily suspend
accepting waste at its LaSalle County landfill operations. The
Agency denied the permit because it deemed the application
incomplete, and the permittee appealed to the Board. The Board
affirmed the Agency's determination.
The permittee owns and operates a 177 acre site, for which it
received a developmental permit in 1975 to develop a solid waste
disposal facility and a supplemental developmental permit in 1978.
The site received waste from a single source under a single
operating permit from 1975 to 1982. The permittee applied for a
permit allowing temporary suspension of waste acceptance in 1993,
which the Agency denied and the Board affirmed in
Brockman v.
EPA
(Jan. 4, 1994), PCB 93-162,
appeal pending
,
Brockman v.
PCB
, No. 3-94-0175 (3d Dist.). The Board concluded in that case
that the Agency could only evaluate a temporary suspension
request in the context of a closure plan. The permittee reapplied for
temporary suspension in 1994, which resulted in the Agency
determining that the application was incomplete because the
Agency's records indicated that the facility was closed under the
Illinois landfill regulations. That decision resulted in the instant
appeal to the Board.
The Board prefaced its discussion by observing that the permittee
contended that he was required under Section 39(c) of the Act to
apply for temporary suspension of waste acceptance to maintain its
status as an existing landfill. Section 39(c), as amended in 1993,
provides that a facility that held an operating permit and which has
not received waste for five years or more must obtain a new
operating permit unless it has obtained a permit for temporary
suspension of waste acceptance. It states that a facility required to
obtain a new operating permit must first obtain local siting approval
under Section 39.2.
The Board noted that the supplemental permits issued to the
permittee, by their own terms, did not authorize acceptance of
waste. Rather, they expressly provided that the permittee was
obligated to obtain an operating permit before accepting waste at
the facility. The Board noted that the only operating permit issued
for the site pertained to an area of the facility that ceased receiving
waste in 1982. The Board held that an operating permit is a
necessary prerequisite to obtaining a suspension of waste
acceptance. It concluded that because the affected areas of the
site never received waste, and since no supplemental permit
allowing suspension of acceptance could issue, the Board did not
need to address issues relating to whether the site closed in 1982.
The Board held that the Agency had properly denied the permit.
THE BOARD HAS NO JURISDICTION TO HEAR A THIRD-
PARTY SOLID WASTE PERMIT APPEAL
In
Madison County Conservation Alliance v.
Waste Management,
Inc. (Feb. 16, 1995), PCB 94-390, the Board dismissed a third
party's appeal of an Agency grant of a supplemental development
permit. The Board held that the third parties lacked standing to file
the appeal.
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Environmental Register No. 492
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The Board relied on
White Fence Farm, Inc. v. Land & Lakes Co.
,
99 Ill. App. 3d 244, 424 N.E.2d 1370 (4th Dist. 1981), which held
that Section 40(b) of the Act confers standing on third persons to
appeal an Agency hazardous waste facility permit but not to appeal
an Agency non-hazardous waste solid waste facility (landfill) permit.
The Board also cited
Landfill, Inc. v. PCB
, 74 Ill. 2d 541, 387 N.E.2d
258 (1978), where the Illinois Supreme Court declared invalid a
Board procedural rule that allowed a third party to file for revocation
of a non-hazardous solid waste permit. In dismissing the appeal,
the Board observed that a third party can pursue an enforcement
action for potential threats of pollution caused by the permittee.
UNSUBSTANTIATED COSTS, RESTORATIVE COSTS, AND
COSTS INCURRED BEFORE NOTIFICATION ARE NOT COSTS
OF REMEDIAL ACTION
In a recent decision,
Clarendon Hills Bridal Center v. EPA
(Feb.
16, 1995), PCB 93-55, the Board determined that certain
unsubstantiated costs, certain restorative costs, and costs incurred
before ESDA notification were not costs of remedial action that were
reimbursable under the Environmental Protection Act. The Board
reversed the Agency's denial as to the costs associated with repair
of a storm sewer.
The petitioner was the former owner of a strip mall at which a
1990 environmental assessment disclosed a large volume of
petroleum-contaminated soil. The petitioner commenced
remediation and subsequently discovered three underground
storage tanks at the site. The petitioner then notified the
Emergency Services and Disaster Agency (ESDA, now the Illinois
Emergency Management Agency or IEMA) that a release of
petroleum had occurred and submitted a corrective action plan and
obtained Agency approval of the plan. The petitioner later
discovered a fourth tank. The petitioner removed all four tanks,
completed the cleanup, and obtained a no further action letter from
the Agency. The petitioner sought reimbursement from the UST
Fund, and the Agency ultimately denied reimbursement for a total of
$331,404.05 in costs for which the petitioner sought Board review.
The Board prefaced its analysis by reiterating the two-part
standard test for reimbursement enunciated in
Enterprise Leasing
Co. v. EPA
(Apr. 9, 1992), PCB 91-174: 1) the costs incurred must
be from action to "stop, minimize, eliminate, or clean up a release of
petroleum" and 2) they must be "the result of activities such as tank
removal, soil remediation, and free product removal". The Board
then cited
Platolene 500, Inc. v. EPA
(May 7, 1992), PCB 92-9, for
the proper burden in corrective action reimbursement cases before
commencing its analysis on the costs at issue: the person seeking
reimbursement must demonstrate that the costs were for corrective
action and that they were reasonable.
The Board found that the petitioner had not submitted sufficient
documentation for many of the costs, and concluded that those
unsubstantiated costs were not reimbursable from the Underground
Storage Tank Fund.
The Board first considered $206,245.53 in costs submitted to the
Agency based solely on a per-cubic yard rate. The Agency denied
the costs because the invoices did not contain sufficient information
regarding the costs contained in that rate to demonstrate that the
costs were reasonable. The Board noted that the Agency allows
owners to demonstrate the costs as reasonable by either submitting
detailed time-and-materials information or by submitting information
from a competitive bidding process. Since the petitioner had not
submitted sufficient information in either regard to the Agency to aid
its determination, the Board concluded that the petitioner had failed
to prove the costs reasonable. The Agency denied another
$44,928.25 in associated costs supported by time-and-materials
information where the Agency found the costs to be duplicate costs,
costs unsupported by worksheets, or costs charged as a result of a
mathematical error. The Board upheld the Agency's determination
because the petitioner did not present argument or evidence as to
those costs.
The Board then considered $3,277.00 in costs relating to soil
contamination investigation, $300.00 in costs for consulting and
oversight services, and $3,227.20 in costs for backfilling and
compacting the excavation. The Agency denied reimbursement for
the costs because they lacked supporting documentation, asserting
that the petitioner submitted a lump-sum bill that did not allow
evaluation of the work performed, the personnel involved, and the
rate for the services. The Board concluded that the petitioner had
not provided sufficient documentation for the costs to prove them
reasonable corrective action costs, and the petitioner's arguments
relating to payment of the invoice did not address the
reasonableness of the costs.
Similarly, as to $7,670.00 in costs for trucking services, the
Agency denied reimbursement because it was unable to determine
from the invoices submitted what services had been provided. The
Board affirmed, finding that petitioner failed to provide
documentation to the Agency that the costs were reasonable. The
Board disallowed evidence later tendered at hearing that had not
been presented to the Agency to aid its review of the costs because
the petitioner should have known of its burden of substantiating the
costs to the Agency during review.
The Agency had also denied reimbursement for several
additional items of costs as not related to corrective action. The
Board agreed with the Agency as to $28,655.70 in costs from
pumping and disposal as special waste of 80,000 gallons of
rainwater runoff that had collected in the excavation. The petitioner
had obtained authorization for less costly disposal of this water into
a sanitary sewer, and the Board could not conclude that a hazard
existed that would not allow the petitioner to wait for a permit for the
discharge into the sewer. Similarly, the Board agreed with the
Agency that $349.20 for street sweeping costs, $180.00 to replace
lost barricades, and $10,127.46 to replace parking lot lighting were
not corrective action. As to the costs for replacing lighting, the
Board rejected an argument that an obvious typographical error in
the Agency's denial letter would restrict the Agency to denying only
$127.46 in costs. Finally, the Board upheld the denial of $280.00 in
demurrage charges because the petitioner had not sufficiently
documented them, $14,213.96 in costs incurred before the
petitioner notified ESDA of the release, $37.50 in excessive
manifest preparation charges, $126.17 in handling charges
associated with denied costs, and $10,000.00 in legal fees incurred
in appealing the registration of the tanks as non-reimbursable legal
defense costs.
The Board disagreed with the Agency as to $842.83 in costs and
$127.25 in handling charges associated with repairing and capping
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5
a stormwater sewer. The Agency had denied the costs because
there was no evidence that contamination had ever entered the
sewer; the Board felt that a showing that the sewer created a
potential for contamination was sufficient to constitute corrective
action.
(Editor's note: A motion for reconsideration of this decision was
pending at the time this issue was prepared for printing.)
RULE
RULEMAKING UPDATE
MAKING UPDATE
PART V AND PART VI 15% ROP PROPOSALS PROPOSED FOR
SECOND NOTICE, R94-31 & R94-32
During February, the Board proposed two parts of the 15 percent
rate of progress (ROP) plan for Second Notice review by the Joint
Committee on Administrative Rules. These two parts, the Part V
ROP proposal, docketed as R94-31, and the Part VI proposal,
docketed as R94-32, are segments of regulatory amendments
necessitated by the federal Clean Air Act Amendments of 1990
(CAAA). The CAAA requires a reduction in ozone precursor
emissions in areas designated as moderate or severe
nonattainment for ozone. 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. The Agency has stated that the state is
federally required to reduce VOM emissions by 250 tons per day
(tpd) in the Chicago area and by 27 tpd in the Metro-East area.
(See issues 483, June, 1994; 484, July, 1994; 485, Aug., 1994; 486,
Sept., 1994; 487, Oct., 1994 & 488, Nov., 1994.)
The Board accepted each of the seven 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 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.
The Board has completed three of the seven 15% ROP
proceedings: R94-12, R94-16, and R94-16. The seven parts of the
Illinois ROP plan and their procedural histories are described as
follows:
Part I 15% ROP Adopted, R94-12
The Board adopted the Part I ROP proposal on September 15,
1994, under docket number R94-12. The Part I amendments
require 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. The vacuum-
pressure relief aspects of these amendments are anticipated to
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 Part I 15% ROP
amendments were filed with the Secretary of State and became
effective on September 21, 1994.
Part II 15% ROP Adopted, R94-15
The Board adopted the Part II proposal on October 20, 1994,
under docket number R94-15. The Part II amendments extended
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.
The Part II 15% ROP amendments were filed with the Secretary of
State and became effective on October 25, 1994.
Part III 15% ROP Adopted, R94-16
The Board adopted the Part III ROP proposal on October 20,
1994, under docket number R94-16. The Part III amendments
made 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 Part III
plan rules added the federal Control Technology Guidelines (CTG)
and Alternative Control Technology (ACT) recommended controls
for volatile organic liquids (VOLs) and volatile petroleum liquids
(VPLs). It was anticipated 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. No reductions were expected in the Metro-
East area. The Part III 15% ROP amendments were filed with the
Secretary of State and became effective on November 15, 1994.
Part IV 15% ROP Proposal, R94-21
On January 26, 1995, the Board proposed the Part VI 15% ROP
plan for Second Notice review by the Joint Committee on
Administrative Rules. The Part IV 15% ROP proposal, docketed as
R94-21, 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.
The Illinois EPA (Agency) filed the Part IV proposal on
September 12, 1994. The Board proposed the amendments for
First Notice publication in the
Illinois Register
on September 15,
1994. The Board conducted public hearings on these proposed
amendments on November 4, December 2, and December 16,
1994. The Second Notice period began on February 6, 1995, the
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date JCAR acknowledged receipt of a complete Second Notice
package from the Board, and it ends after 45 days, on March 23,
1995.
The Board will be free to adopt the amendments when either
JCAR votes no objection to the amendments or the Second Notice
period ends, whichever comes first. 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.
Part V 15% ROP Proposal, R94-31
On February 23, 1995, the Board proposed the Part V 15% ROP
proposal for Second Notice review by JCAR. The Part V proposal
contemplates lowering the VOM emissions from lithographic printing
operations in the Chicago and Metro-East areas. The Part V
proposal would add definitions of non-heatset and sheet-fed
lithographic printing, as-applied foundation solution, and alcohol.
The proposal would further establish control measures for VOM
emissions from lithographic printers in the Chicago and Metro-East
areas. The Part V proposal would also make minor corrective
amendments to the existing regulations.
The Agency stated that it contemplates that the Part V
amendments would affect about 113 facilities in the Chicago area
and one source in the Metro-East area. It estimated that the Part V
proposal would reduce VOM emissions by 4.0 tpd in the Chicago
area and by minimal amounts in the Metro-East area.
The Agency filed the Part V proposal with the Board on October
28, 1994, and the Board proposed it for First Notice publication in
the
Illinois Register
on November 3, 1994. The Board conducted
hearings in R94-31 on December 15, 1994 and January 9, 1995.
The Notices of Proposed Amendments appeared in the
Illinois
Register
on December 2, 1994, and the First Notice public comment
period ended on January 16, 1995. The Board proposed the
amendments for Second Notice review by JCAR on February 23,
1995. JCAR received the Second Notice package from the Board
on February 27, 1995, starting the Second Notice period. That
period will end after 45 days, on April 12, 1995.
The Board may proceed to adopt the amendments when the
Second Notice period ends, or when JCAR issues a Certificate of
No Objection, whichever comes first. Direct questions on the Part V
proposal to Kevin Desharnais, at 312-814-6926. Please refer to
docket R94-31.
Part VI 15% ROP Proposal, R94-32
The Part VI proposal contemplates lowering VOM emissions from
motor vehicle refinishing operations in the Chicago and Metro-East
areas. The Part VI proposal would impose limitations on the VOM
content of coatings and surface preparation materials, require the
use of specific coatings applicators and applicator cleaning
equipment, and provide a control equipment alternative. The
proposal would further impose recordkeeping and reporting
requirements on refinishers.
The Agency stated that it contemplates that the Part VI
amendments would reduce VOM emissions by 16.3 tpd in the
Chicago area. The Agency estimate of reduction of VOM emissions
in the Metro-East area is 1.2 tpd.
The Agency filed the Part VI proposal on October 28, 1995. On
November 3, 1994, the Board proposed the Part VI ROP
amendments for First Notice publication in the
Illinois Register
.
Notices of Proposed Amendments appeared in the December 9,
1994
Illinois Register
, starting the First Notice period. The Board
conducted one public hearing in R94-32 on December 16, 1994.
The First Notice public comment period ended on January 23, 1995.
The Board proposed the amendments for Second Notice review by
JCAR on February 16, 1995. JCAR received the Second Notice
package from the Board on February 22, 1995, starting the Second
Notice period. That period will end after 45 days, on April 7, 1995.
The Board may proceed to adopt the amendments when the
Second Notice period ends, or when JCAR issues a Certificate of
No Objection, whichever comes first. Direct questions on the Part
VI proposal to Audrey Lozuk, at 312-814-6923. Please refer to
docket R94-32.
Part VII 15% ROP Proposal, R94-33
On November 18, 1994, the Board proposed the Part VII ROP
amendments for First Notice publication in the
Illinois Register
. The
Part VII proposal contemplates lowering VOM emissions from batch
chemical processes having certain standard industrial classifications
(SIC) codes in the Chicago and Metro-East areas. The SIC codes
involved are 2821, 2833, 2834, 2861, 2865, 2869, and 2879. This
includes a broad range of chemical manufacturing activities: plastic
materials and resins (SIC 2821), medicinal chemicals and botanical
production (SIC 2833), pharmaceutical operations (SIC 2834), gum
and wood chemicals (SIC 2861), cyclic crudes and intermediates
(SIC 2865), industrial organic chemicals (SIC 2869), and agricultural
chemicals (SIC 2879). The Part VII proposal would also regulate
emissions from Stepan Chemical Company's Millsdale facility, in
Elwood. The proposal would further add definitions for "batch
process train", "batch operation", "process vent", and "single unit
operation".
The Agency stated that it contemplates that the Part VII
amendments would reduce VOM emissions by 12.63 tpd in the
Chicago area. The Agency estimate of reduction of VOM emissions
in the Metro-East area is 0.36 tpd.
The Board conducted one public hearing in R94-33 on January 4,
1995. The hearing officer cancelled subsequent scheduled
hearings for the statutorily-prescribed reasons due to the low level
of public interest in further hearings on the proposal. Notices of
Proposed Amendments appeared in the December 16, 1994
Illinois
Register
. The First Notice public comment period ended after 45
days, on January 30, 1995. The Board must now proceed to
propose the amendments for Second Notice review by JCAR.
Direct questions on the Part VII proposal to Audrey Lozuk, at 312-
814-6923. Please refer to docket R94-33.
(Editor's note: The Board proposed the amendments for Second
Notice review by JCAR on March 16, 1995.)
Request copies of any of the Board's actions on these
amendments from Victoria Agyeman, at 312-814-6920. Please
refer to the appropriate docket number.
7.2 RVP EMERGENCY RULE ADOPTED FOR METRO-EAST
AREA, R95-10
On February 23, 1995, the Board adopted an emergency rule
that effectively extends the date for compliance with the gasoline
volatility standards for certain gasoline distribution facilities in the
Environmental Register No. 492
Environmental Register No. 492
March, 1995/Page
March, 1995/Page 7
7
Metro-East area (Madison, Monroe, and St. Clair Counties). The
existing regulations, adopted by the Board on September 15, 1994,
as a segment of the Part I 15% ROP proposal, under docket
number R94-12
(see accompanying article)
, prohibit the sale and
distribution of gasoline having a Reid vapor pressure (RVP) greater
than 7.2 psi during certain parts of the year. The prohibited period
is June 1 through September 15 for gasoline retailers and May 1
through September 15 for all other facilities (including producers
and distributors). The original adoption of this standard was based
on the Section 28.5 "fast-track" procedures and agreement between
the Agency and the regulated community. The emergency
amendments make the period June 1 through September 15 for all
facilities.
The Agency filed the proposal requesting these emergency
amendments on February 14, 1995. The Agency explained that the
federal regulations require 9.0 RVP gasoline on May 1 and 7.8 RVP
gasoline on June 1. The Agency stated that the Illinois 7.2 RVP
requirement at the production and distribution levels during May is
inconsistent with the federal requirements. This inconsistency
would require the production and distribution of 7.2 RVP gasoline to
the majority of the metropolitan St.Louis market if not resolved,
despite the fact that this fuel would only be required in 20 to 25
percent of the market. The Agency represented to the Board in its
petition for an emergency amendment that it was unaware at the
time of R94-12 of an inconsistency in treatment of such areas as
Illinois and Missouri in RVP treatment.
The Board determined that it could not find that the emergency
facing the industry was self-imposed. The Board made the
necessary findings for an emergency amendment and noted that
the Agency intends to file a general rulemaking petition for
permanent amendment of the rule. The emergency amendment
was effective when filed with the Secretary of State, on February 28,
1995, and will remain in effect for a maximum of 150 days, until July
28, 1995. Direct questions to Kathleen M. Crowley, at 312-814-
6929. Request copies from Victoria Agyeman, at 312-814-6920.
Please refer to docket number R95-10.
BOARD ACCEPTS PETITION RE DISPOSAL OF DEAD
ANIMALS, R95-9
On February 16, 1995, the Board accepted a petition for
regulations relating to the disposal of dead animals in Illinois. The
Illinois Farm Bureau, Illinois Beef Association, Illinois Lamb and
Wool Producers, Inc., Illinois Milk Producers Association, and Illinois
Pork Producers Association filed the petition on February 2, 1995.
The petition seeks regulatory clarification of the relationship
between the Illinois landfill regulations and the Illinois Dead Animal
Act (225 ILCS 610/1).
On motion, the Board waived the 200 signature requirement that
applies to all rulemaking petitions but those filed by the Agency or
the Department of Energy and Natural Resources. The Board also
acknowledged requests by the petitioners that at least one hearing
occur downstate and that the Board avoid conducting hearings in
the periods mid-April through June and September and October for
the convenience of the agricultural community.
Hearings are scheduled to occur in Springfield and DeKalb, as
follows:
10:00 a.m., April 3, 1995:
DeKalb County Farm Bureau
315 North 6th Street, Lower Auditorium
DeKalb
10:00 a.m., April 10, 1995:
Illinois Dep't of Agriculture State Fairgrounds
Agricultural Building
Springfield
Direct questions to Audrey Lozuk-Lawless, at 312-814-6923.
Please refer to docket R95-9.
DEADLINE EXTENDED AND ONE PRETREATMENT UPDATE
PROPOSED, ANOTHER DISMISSED, R94-10 & R95-8
On February 16, 1995, the Board proposed a set of amendments
to the wastewater pretreatment regulations from one update period
and dismissed the docket relating to another. The amendments,
proposed under docket R94-10, are based on revisions to the
federal regulations that occurred in the period July 1 through
December 31, 1993. The dismissed docket, R95-8, was for the
period July 1 through December 31, 1994. U.S. EPA did not amend
its pretreatment regulations in the second half of 1994, so the Board
dismissed the corresponding update docket.
The amendments involved in docket R94-10 are based on four
federal actions undertaken July 9, August 25, and September 15,
and 28, 1993. The Board issued a separate order on February 16
explaining the delay and extending the deadline to complete R94-10
to June 15, 1995.
The July 9, 1993 federal amendments reimposed limitations on
11 of 13 chemicals previously withdrawn as a result of litigation in
Chemical Manufacturers Assoc. v. EPA
, 870 F.2d 177 (5th Cir.
1989). The September 28, 1993 federal amendments added
discharge limitations for organic and organo-metallic pesticides in
the Pesticide Chemicals Category. The Board based amendments
on both sets of federal amendments. The Board determined,
however, that no amendments were necessary based on the other
two sets of amendments, jointly promulgated by U.S. EPA and the
U.S. Army Corps of Engineers on August 25 and September 9,
1993, relating to the discharge of dredged materials. Those
amendments did not affect the wastewater pretreatment
regulations.
Direct questions to Diane F. O'Neill, at 312-814-6062. Please
refer to docket number R94-10, for the due date extension and
amendments, or R95-8, for the dismissal.
OPINION FOR NEW SOURCE REVIEW RULES MODIFIED,
R92-21
On February 16, 1995, the Board modified its opinion in docket
R92-21 in response to a joint motion by the Agency and the Illinois
Environmental Regulatory Group (IERG). That motion, filed
February 3, requested that the Board reconsider its opinion
originally adopted on April 22, 1993. The Agency and IERG
requested that the Board withdraw its interpretive discussion of
Section 203.109(b), relating to determining when an increase in
emissions becomes "significant" for the purposes of the permitting
Page
Page 8
8/ March, 1995
/ March, 1995
Environmental Register No. 492
Environmental Register No. 492
requriements. The Board granted reconsideration and withdrew its
earlier discussion, reissuing the opinion and order without that
discussion.
On April 22, 1993, the Board adopted new source review (NSR)
regulations, pertaining to permitting for the construction and
operation of major new or modified stationary air pollution sources in
Illinois. The NSR rules govern the permitting process in nonat-
tainment areas of the state (the Chicago metropolitan and the
metropolitan East St. Louis areas). The NSR rules were the first
segment of Illinois' ultimate submittal of a complete State Imple-
mentation Plan (SIP) to the U.S. EPA. On a joint motion of the
Agency and IERG, the Board adopted a certain interpretation of
Section 203.109(b), but refused to allow a future difference in
federal interpretation to premept. Rather, the Board offered to
reinterpret this provision on motion if U.S. EPA later took a different
perspective.
The Agency submitted the NSR regulations to U.S. EPA for SIP
review and approval. On September 23, 1994 (at 59 Fed. Reg.
48839), U.S. EPA conditionally proposed approval of the Illinois SIP
revision if the state correct enumerated deficiencies in the Illinois
program. Alternatively, U.S. EPA proposed disapproval of the SIP if
the state did not adequately address the federally-enumerated
deficiencies. U.S. EPA stated that it "believes that the language of
section 203.209(b) by itself would be approvable" but that "two
written interpretations" included in the Board's opinion would
"require disapproval of the State's submittal" U.S. EPA allowed an
opportunity for withdrawal before it took final action on the SIP
submittal. The reissued February 16, 1995 opinion and order
removed the interpretations cited by U.S. EPA.
Direct questions to Marie E. Tipsord, at 312-814-4925. Please
refer to docket R92-21.
FOR YOUR INFORMATION
ILLINOIS RENEWABLE NATURAL RESOURCES
CONFERENCE TO BE HELD IN MARCH
The first Illinois Renewable Natural Resources
Conference will occur in Springfield on March 28 through
31, 1995. The conference is jointly sponsored by several
associations, state and federal agencies, and university
departments. Topics will include the effects of public policy
on renewable resources, natural conservation in agriculture,
species and habitat protection, riparian issues, ecosystem
and watershed management, and fire ecology.
The conference will be held at the Springfield Renaissance
Hotel, and the exhibition will occur at the Prairie Capital
Convention Center. Call 217-544-8800 for more
information.
BOARD MEMBER McFAWN TO SPEAK AT
WOMEN'S ENVIRONMENTAL LAW FORUM
Board Member Marili McFawn has been invited to speak
at a Women's Environmental Law Forum luncheon. She
will discuss the nature of practicing before the Board and
ongoing Board activities. The luncheon will be held at
noon, April 10, 1995, in the Schiff Hardin & Waite
conference center, on the 66th floor of the Sears Tower.
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.
Environmental Register No. 492
Environmental Register No. 492
March, 1995/Page
March, 1995/Page 9
9
FINAL ACTIONS
FINAL ACTIONS - February 2, 1995 BOARD MEETING
- February 2, 1995 BOARD MEETING
94-123
People of the State of Illinois v. Archer Dan-
iels Midland Company - The Board accepted a
stipulation and settlement agreement in this
Emergency Planning and Community Right-
to-Know Act (EPCRA) enforcement action
against two Macon County facilities, ordered
the respondent to pay a civil penalty of
$6,400.00, and ordered it to cease and desist
from further violation. Board Member J.
Theodore Meyer concurred.
94-389
People of the State of Illinois v. Village of
Port Byron - The Board accepted a stipulation
and settlement agreement in this water
enforcement action against a Rock Island
County facility, ordered the respondent to pay
a civil penalty of $1,000.00, and ordered it to
cease and desist from further violation. Board
Member J. Theodore Meyer concurred.
95-45
Springfield Metro Sanitary District v. IEPA -
Upon receipt of an Agency recommendation,
the Board granted this Sangamon County
facility a 45-day provisional variance from the
requirement to comply with the conditions of
its NPDES permit to allow its Spring Creek
facility to continue operating during a period
of wastewater treatment plant modification.
AC 94-88
Sangamon County v. City of Springfield - The
Board granted voluntary dismissal of this
administrative citation involving a Sangamon
County facility.
AC 95-3
IEPA v. Environmental Reclamation
Company - The Board granted voluntary
dismissal of this administrative citation
involving a Coles County facility.
NEW CASES
NEW CASES - February 2, 1995 BOARD MEET
- February 2, 1995 BOARD MEETING
ING
95-45
Springfield Metro Sanitary District v. IEPA -
See Final Actions.
AC 95-7
Sangamon County v. Hart of Illinois, Inc. -
The Board received an administrative citation
against a Sangamon County facility.
AC 95-8
Sangamon County v. ESG Watts, Inc. - The
Board received an administrative citation
against a Sangamon County facility.
FINAL ACTIONS
FINAL ACTIONS - February 9, 1995 BOARD MEETING
- February 9, 1995 BOARD MEETING
92-216
U.S. Department of the Army - Rock Island
Arsenal v. IEPA - The Board granted
voluntary withdrawal of this RCRA permit
appeal involving a Rock Island County
facility.
95-5
People of the State of Illinois v. Midwest
Grain Products of Illinois, Inc. - The Board
accepted a stipulation and settlement
agreement in this air enforcement action
against a Tazewell County facility, ordered the
respondent to pay a civil penalty of
$15,000.00, and ordered it to cease and desist
from further violation.
95-46
Avon Products, Inc. v. IEPA - Upon receipt
of an Agency recommendation, the Board
granted Avon Products a 10-day provisional
variance from the 90-day limitation on the
accumulation of hazardous waste at its Cook
County facility.
AC 94-71
IEPA v. Atkinson Landfill Company, Inc. -
The Board granted voluntary withdrawal of
the petition for review and entered a default
order, finding that the Henry County
respondent had violated Sections 21(o)(1),
21(o)(2), 21(o)(3), and 21(o)(5) and ordering
it to pay a civil penalty of $2,000.00.
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10/ March, 1995
/ March, 1995
Environmental Register No. 492
Environmental Register No. 492
NEW CASES
NEW CASES - February 9, 1995 BOARD MEET
- February 9, 1995 BOARD MEETING
ING
95-46
Avon Products, Inc. v. IEPA -
See Final
Actions.
95-47
People of the State of Illinois v. W.O.W.
Truck Lines, Inc. - The Board accepted this
special waste hauling enforcement action
against a St. Clair facility for hearing.
95-48
Kathe's Auto Service Center v. IEPA - The
Board, on its own motion, accepted this
underground storage tank appeal involving a
Cook County facility and consolidated it with
PCB 95-43 for hearing.
AC 95-1
County of Will v. CDT Landfill - The Board
accepted this appeal of an administrative
citation against a Will County respondent and
consolidated it with AC 94-98 and AC 95-2
for hearing.
AC 95-2
County of Will v. CDT Landfill - The Board
accepted this appeal of an administrative
citation against a Will County respondent and
consolidated it with AC 94-98 and AC 95-1
for hearing.
AC 95-9
IEPA v. Robert L. Buck, Marie M. Buck, and
Darrell Buck - The Board received an
administrative citation against a Greene
County facility.
AC 95-10
IEPA v. William Kinney - The Board received
an administrative citation against a Macoupin
County facility.
AC 95-11
IEPA v. Gordon McCann and Larson
Foundation - The Board received an
administrative citation against a Logan County
facility.
AC 95-12
IEPA v. Joe Perry - The Board received an
administrative citation against a Cook County
facility.
AC 95-13
IEPA v. Staunton Fuel & Material, Inc. - The
Board received an administrative citation
against a Macoupin County facility.
AC 95-14
IEPA v. Ken Lomax and Ken Lomax
Enterprises - The Board received an
administrative citation against a Jefferson
County facility.
AS 95-2
In the Matter of: The Joint Petition of the
IEPA and the City of Metropolis for an
Adjusted Standard From 35 Ill. Adm. Code
Part 304 for Suspended Solids, 5-Day
Biological Oxygen Demand (BOD-
5
) and
Ammonia Nitrogen - The Board held this
petition on behalf of a Massac County facility
for an adjusted standard from certain of the
water pollution control regulations until after
receipt of certificate of publication and granted
the joint motion to incorporate exhibits from
another proceeding, AS 94-17.
R95-9
In the Matter of: Illinois Farm Bureau
Petition for Amendments to Regulation
Amendments to 35 Ill. Adm. Code 810.103
(Solid Waste Disposal: General Provisions)-
See Rulemaking Update.
Environmental Register No. 492
Environmental Register No. 492
March, 1995/Page
March, 1995/Page 11
11
FINAL ACTIONS
FINAL ACTIONS - February 16, 1995 BOARD MEETING
- February 16, 1995 BOARD MEETING
93-55
Clarendon Hills Bridal Center (Learsi & Co.,
Inc.) v. IEPA - The Board affirmed the Agen-
cy's denial of reimbursement for $330,434.37
in costs as lacking supporting documentation,
beyond the scope of corrective action, or for
action undertaken prior to notification of the
release and reversed its denial of $969.68 in
sewer repair costs and associated handling
charges in this underground storage tank
reimbursement determination appeal involving
a DuPage County facility.
94-18
City of Wheaton v. Office of the State Fire
Marshal - The Board denied reconsideration of
its December 1, 1994 dismissal of this
underground storage tank reimbursement
determination appeal because the motion
raised nothing new that the Board did not
consider in making its initial determination.
Board Member J. Yi abstained.
94-85
Nichols Aluminum v. IEPA - The Board
granted voluntary dismissal of this air permit
appeal involving a Lake County facility.
94-207
Wilmer Brockman, Jr. and First Midwest
Bank/Illinois, as Trustee Under Trust No. 757
v. IEPA - The Board affirmed the Agency's
denial of a supplemental permit allowing
suspension of waste acceptance in this land
permit appeal because this LaSalle County
facility never had an operating permit.
Chairman Claire A. Manning and Board
Member Marili McFawn concurred.
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
& H Mechanical and Electrical Contractors,
Inc. - The Board accepted a stipulation and
settlement agreement in this water
enforcement action against a Macoupin
County facility, ordered the respondent, John
Crawford Associates, to pay a civil penalty of
$25,000.00, and ordered it to cease and desist
from further violation.
94-229
Village of Creve Coeur v. IEPA - The Board
granted an exception from the prohibition
against siting a new potential source (a sludge
storage unit) within the setback zones of three
community water supply wells in this water
well setback exception involving a prospective
Tazewell County facility. Board Member J.
Theodore Meyer dissented.
94-237
Marathon Oil Company v. IEPA - The Board
denied reconsideration of its December 14,
1994 order affirming the Agency's denial of
reimbursement for $93,911.80 in costs in this
underground storage tank reimbursement
determination appeal involving a Cook County
facility because the motion did not present new
facts or any reason to believe the initial
decision was in error, the Board granted
voluntary dismissal of the remaining claim for
$1,012.50 in costs.
94-247
Rodney B. Nelson, M.D. v. Kane County
Forest Preserve, Jack Cook, Chairman and
Kane County Cougars, William Larsen,
General Manager - The Board found that it
lacked jurisdiction over fireworks displays at
baseball games because they are exempted
under the Act and dismissed this citizen's
noise enforcement action against a Kane
County facility.
94-271
People of the State of Illinois v. National
Interchem Corporation - The Board dismissed
this Emergency Planning and Community
Right-to-Know Act (EPCRA) enforcement
action against a Cook County facility for lack
of jurisdiction because the Agency had not
properly given notice of the alleged violation
before the People filed this action.
94-282
UNO-VEN Company v. IEPA - The Board
granted this DuPage County gasoline
dispensing facility a five-month variance from
the requirement to install and operate Stage II
vapor recovery equipment, subject to
conditions.
94-299
P & S, Inc. v. IEPA - The Board granted this
DuPage County gasoline dispensing facility a
17-month variance from the requirement to
install and operate Stage II vapor recovery
equipment, subject to conditions.
94-313
Major & Sandh Petroleum, Inc. v. IEPA - The
Board granted this Cook County gasoline
dispensing facility a five-month variance from
the requirement to install and operate Stage II
vapor recovery equipment, subject to
conditions.
94-314
Mukhtiar Singh v. IEPA - The Board granted
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12/ March, 1995
/ March, 1995
Environmental Register No. 492
Environmental Register No. 492
this Cook County gasoline dispensing facility a
five-month variance from the requirement to
install and operate Stage II vapor recovery
equipment, subject to conditions.
94-320
Dorothy B. Kindy, d/b/a Rex's Service
Station, Inc. v. IEPA - The Board granted this
Cook County gasoline dispensing facility an
eight-month variance from the requirement to
install and operate Stage II vapor recovery
equipment, subject to conditions.
94-321
Emro Marketing Company (Romeoville
Facility) v. IEPA - The Board granted this
Will County gasoline dispensing facility a five-
month variance from the requirement to install
and operate Stage II vapor recovery
equipment, subject to conditions.
94-322
Emro Marketing Company (Monee Facility)
v. IEPA - The Board granted this Will County
gasoline dispensing facility a five-month
variance from the requirement to install and
operate Stage II vapor recovery equipment,
subject to conditions.
94-390
Madison County conservation Alliance v.
Waste Management, Inc. (Chain-of-Rocks
Canal on Chouteau Island), and IEPA - The
Board dismissed this third party land permit
appeal involving a Madison County facility
(landfill), since the legislature did not vest the
Board with jurisdiction to hear third party
appeals of Agency land permit determinations.
95-55
The Village of Sauget v. IEPA - Upon receipt
of an Agency recommendation, the Board
granted this St. Clair County facility a 45-day
provisional variance from the wastewater
treatment plant overflow and bypass
requirements during an upgrade to its metering
capabilities.
AC 94-16
Sangamon County v. Donley, Inc. - The
Board entered a default order, finding that the
Sangamon County respondent had violated
Sections 21(p)(1) and 21(p)(3) of the Act and
ordering it to pay a civil penalty of $1,000.00
and hearing costs in the amount of $139.50.
Board Member J. Theodore Meyer concurred.
AS 94-10
In the Matter of: Petition of Envirite
Corporation For an Adjusted Standard From
35 Ill. Adm. Code 721, Subpart D: List of
Hazardous Substances, Appendix I - The
Board granted clarification and modification
and vacated its December 14, 1994 order,
reissuing an order granting this Cook County
facility an adjusted standard delisting a
hazardous waste, subject to conditions.
R92-21
In the Matter of: Amendments to the New
Source Review Rules, 35 Ill. Adm. Code 203
-
See Rulemaking Update.
R95-8
In the Matter of: Pretreatment Update,
USEPA Regulations (July 1, 1994 through
December 31, 1994) -
See Rulemaking
Update.
NEW CASES
NEW CASES - February 16, 1995 BOARD MEET
- February 16, 1995 BOARD MEETING
ING
95-1
Penny Snyder, George J. Moran, Robert D.
Larson, George Arnold, Jim Bensman,
Madison County Conservation Alliance, Piasa
Palisades Group of the Sierra Club v. Waste
Management of Illinois, Inc. - The Board held
this citizens' land enforcement action against a
Madison County facility for a frivolous or
duplicitous determination.
95-6
Silver Glen Estates v. IEPA - The Board
accepted an amended petition on behalf of a
Kane County facility for a variance from the
radium-226 and radium-228 standards of the
public water supply regulations and held this
matter for an Agency recommendation.
95-49
Glenbard Wastewater Authority v. IEPA - The
Board held this petition for a variance from the
total suspended solids effluent requirements of
the water pollution control regulations filed on
behalf of a DuPage County facility for an
Agency recommendation.
95-50
Palos Kar Wash Professionals, Inc. v. IEPA -
The Board accepted this underground storage
tank corrective action appeal involving a Cook
County facility for hearing.
95-51
Don Carson Steinheimer and Ray Darrow
Steinheimer as Co-Executors of the Estate of
Irene D. Steinheimer, deceased v. GTE
North, Inc. - The Board held this citizen's
underground storage tank enforcement action
against a Morgan County facility for a
frivolous and duplicitous determination.
Environmental Register No. 492
Environmental Register No. 492
March, 1995/Page
March, 1995/Page 13
13
95-52
Safety-Kleen Corporation (Dolton Illinois
Recycle Center) v. IEPA - The Board
accepted this petition filed on behalf of a Cook
County facility for a variance from the volatile
organic material emissions requirements from
other units of the air pollution control
requirements for hearing.
95-53
Prairie Packaging, Inc. v. IEPA - The Board
accepted this air permit appeal involving a
Cook County facility for hearing.
95-54
The City of Metropolis (Metropolis Municipal
Landfill) v. IEPA - The Board accepted this
land permit appeal involving a Massac County
facility for hearing.
95-55
The Village of Sauget v. IEPA -
See Final
Actions.
AC 95-5
IEPA v. Atkinson Landfill Company and
Donald Martin - The Board accepted an
appeal of this administrative citation filed
against a Henry County facility.
AS 94-19
In the Matter of: Petition of Hepworth U.S.
Holdings, Inc. for an Adjusted Standard From
35 Ill. Adm. Code 620.410 - The Board
accepted this petition filed on behalf of a
LaSalle County facility for an adjusted
standard for relief from the Class I
groundwater quality standards for arsenic,
lead, and nickel and requested that the Agency
to re-file its response, and, having received
two requests for hearing, the Board set this
matter for hearing.
R95-10
Emergency Rule Amending the 7.2 psi Reid
Vapor Pressure Requirement in the Metro-
East Area, 35 Ill. Adm. Code 219.585(a) -
See Rulemaking Update.
FINAL ACTIONS
FINAL ACTIONS - February 23, 1995 SPECIAL BOARD MEETING
- February 23, 1995 SPECIAL BOARD MEETING
93-160
People of the State of Illinois v. Naperville
Asphalt, Inc. - The Board accepted a
stipulation and settlement agreement in this air
enforcement action against a Kendall County
facility, ordered the respondent to pay a civil
penalty of $2,000.00, and ordered it to cease
and desist from further violation. Board
Member J. Theodore Meyer concurred.
94-54
Central Illinois Public Service Company v.
IEPA - The Board granted voluntary
withdrawal of this NPDES permit appeal
involving a Jasper County facility.
94-57
Central Illinois Public Service Company v.
IEPA - The Board granted voluntary
withdrawal of this NPDES permit appeal
involving a Montgomery County facility.
94-230
Bargain Auto Rental, Inc./Budget Rental Car
v. Office of the State Fire Marshal - The
Board granted voluntary withdrawal of this
underground storage tank reimbursement
appeal involving a DuPage County facility.
94-392
People of the State of Illinois v. Burkart
Foam, Inc. - The Board accepted a stipulation
and settlement agreement in this Emergency
Planning and Community Right-to-Know Act
(EPCRA) enforcement action against a
Alexander County facility, ordered the
respondent to pay a civil penalty of $2,850.00,
and ordered it to cease and desist from further
violation.
95-59
Truckstops of America, Inc. v. IEPA - Upon
receipt of an Agency recommendation, the
Board granted this Lake County gasoline
dispensing facility a 45-day extension of the
previous provisional variance granted in PCB
95-8 from the air pollution control regulations
that require the installation and operation of
Stage II vapor recovery equipment.
95-60
H & E Gas Pantry v. IEPA - Upon receipt of
an Agency recommendation, the Board
granted this Cook County gasoline dispensing
facility a 45-day provisional variance from the
air pollution control regulations that require
the installation and operation of Stage II vapor
recovery equipment.
95-61
Petro Plus, Inc. v. IEPA - Upon receipt of an
Agency recommendation, the Board granted
this Cook County gasoline dispensing facility a
45-day extension of the previous provisional
variance granted in PCB 94-379 from the air
pollution control regulations that require the
installation and operation of Stage II vapor
recovery equipment.
R95-10
In the Matter of: Emergency Rule Amending
Page
Page 14
14/ March, 1995
/ March, 1995
Environmental Register No. 492
Environmental Register No. 492
7.2 psi Reid Vapor Pressure Requirement in
the Metro-East Area, 35 Ill. Adm. Code
219.585(a) -
See Rulemaking Update.
NEW CASES
NEW CASES - February 23, 1995 SPECIAL BOARD MEET
- February 23, 1995 SPECIAL BOARD MEETING
ING
95-56
Rodney B. Nelson, M.D. v. Kane County
Board, Warren Kammerer, Chairman - The
Board held this citizen's land enforcement
action against a Madison County facility for a
frivolous and duplicitous determination.
95-57
Forrest Williams, d/b/a Williams Mobil v.
IEPA - The Board, on its own motion,
consolidated this underground storage tank
appeal involving a Lake County facility with
PCB 95-58, and accepted it for hearing.
95-58
Forrest Williams, d/b/a Williams Mobil v.
IEPA - The Board, on its own motion,
consolidated this underground storage tank
appeal involving a Lake County facility with
PCB 95-57, and accepted it for hearing.
95-59
Truckstops of America, Inc. v. IEPA -
See
Final Actions.
95-60
H & E Gas Pantry v. IEPA -
See Final
Actions.
95-61
Petro Plus, Inc. v. IEPA -
See Final Actions.
95-62
D & L Landfill, Inc. v. IEPA - The Board
accepted this land permit appeal involving a
Bond County facility for hearing.
AC 95-6
IEPA v. A-Reliable Auto Parts & Wreckers,
Inc., a/k/a Scrap Processors - The Board
accepted an appeal of this administrative
citation against a Cook County facility.
AC 95-7
Sangamon County v. Hart of Illinois, Inc. -
The Board accepted an appeal of this
administrative citation against a Sangamon
County facility.
AC 95-15
County of Will v. CDT Landfill - The Board
received an administrative citation against a
Will County facility.
AC 95-16
IEPA v. John Sharp, d/b/a John's Auto
Salvage - The Board received an
administrative citation against a Montgomery
County facility.
AC 95-17
Sangamon County v. The Illinois National
Bank of Springfield, N/K/A First of America
Trust Company, as Trustee Under Trust No.
894-6418-002; and Ray Landers - The Board
received an administrative citation against a
Sangamon County facility.
CALENDAR OF HEARINGS
CALENDAR OF HEARINGS
All hearings held by the Board are open to the public. All Pollution Control Board Meetings (highlighted) are open to the
public but public participation is generally not allowed. Times and locations are subject to cancellation and rescheduling
without notice. Confirmation of hearing dates and times is available from the Clerk of the Board at 312- 814-6931.
March 2
11:00 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
March 3
10:00 a.m.
PCB 94-215
UST-FRD
Stroh Oil Company v. OSFM - Pollution Control Board Office, Suite 402, 600 South
Second Street, Springfield.
March 9
11:00 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 11-500, Chicago
March 10
10:00 a.m.
AC 94-98
AC
County of Will v. CDT Landfill - County Board Conference Room, 302 North
Chicago Street, Joliet. (Consolidated with AC 95-1 and AC 95-2.)
March 13
1:00 p.m.
PCB 95-43
UST-Appeal
Kathe's Auto Service Center v. EPA - James R. Thompson Center, Room 11-500, 100
West Randolph Street, Chicago. (Consolidated with PCB 95-48.)
Environmental Register No. 492
Environmental Register No. 492
March, 1995/Page
March, 1995/Page 15
15
March 14
1:00 p.m.
PCB 95-43
UST-Appeal
Kathe's Auto Service Center v. EPA - James R. Thompson Center, Room 11-500, 100
West Randolph Street, Chicago. (Consolidated with PCB 95-48.)
March 16
11:00 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
March 17
10:00 a.m.
PCB 95-3
A-V
Illinois Petroleum Marketers Association (representing 267 facilities located in the
Chicago ozone nonattainment area) v. EPA - James R. Thompson Center, Room 9-
040, 100 West Randolph Street, Chicago.
March 23
11:00 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 11-500, Chicago
March 28
10:00 a.m.
R 94-2(B)
R, Land
In the Matter of: Petroleum Leaking Underground Storage Tanks, 35 Ill. Adm. Code
732 - County Board Chambers, 200 South Ninth Street, 2nd Floor, Springfield.
March 29
10:00 a.m.
R 94-2(B)
R, Land
In the Matter of: Petroleum Leaking Underground Storage Tanks, 35 Ill. Adm. Code
732 - County Board Chambers, 200 South Ninth Street, 2nd Floor, Springfield.
April 3
10:00 a.m.
R 95-9
R, Land
In the Matter of: Petition for Amendments to 35 Ill. Adm. Code 810.103 (Solid Waste
Disposal: General Provisions) - DeKalb County Farm Bureau, 315 North 6th Street,
Lower Auditorium, DeKalb.
April 6
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 2-025, Chicago
April 7
11:00 a.m.
AS 94-2
Air
In the Matter of: Petition of Solar Corporation and the IEPA for an Adjusted Standard
from 35 Ill. Adm. Code 218.Subpart PP - Libertyville Village Hall, Board Room, 118
West Cook Street, Libertyville.
April 10
10:00 a.m.
AS 94-8
Water,
NPDES
In the Matter of: Petition of Acme Steel Company and LTV Steel Company for an
Adjusted Standard from 35 Ill. Adm. Code 302.211 - James R. Thompson Center,
Room 9-040, 100 West Randolph Street, Chicago.
April 10
10:00 a.m.
R 95-9
R, Land
In the Matter of: Petition for Amendments to 35 Ill. Adm. Code 810.103 (Solid Waste
Disposal: General Provisions) - Illinois Dep't of Agriculture State Fairgrounds,
Agricultural Building, Springfield.
April 12
10:00 a.m.
AC 95-4
AC
Montgomery County v. Envotech, Illinois, Inc. (Litchfield Hillsboro Landfill) -
Montgomery County Courthouse, Courtroom 1, 120 North Main Street, Hillsboro.
April 13
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 11-500, Chicago
April 18
1:00 p.m.
AS 94-3
Air
In the Matter of: Petition of Outboard Marine Corporation (OMC Waukegan Facility)
for an Adjusted Standard from 35 Ill. Adm. Code 218 - Lake Courthouse, County
Board Room, 10th Floor, 18 North County Street, Waukegan.
April 19
10:00 a.m.
AC 94-92
AC
County of DuPage v. Waste Management of Illinois, Inc. (Greene Valley Landfill) -
DuPage County Courthouse, Courtroom 2003, Second Floor, 505 North County Farm
Road, Wheaton.
April 20
10:00 a.m.
AC 95-7
AC
Sangamon County v. Hart of Illinois, Inc. (Laomi/Hart of Illinois, Inc.) - Illinois
Pollution Control Board, Suite 402, 600 South Second Street, Springfield.
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/ March, 1995
Environmental Register No. 492
Environmental Register No. 492
April 20
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
April 21
10:00 a.m.
AC 94-92
AC
County of DuPage v. Waste Management of Illinois, Inc. (Greene Valley Landfill) -
DuPage County Courthouse, Courtroom 2003, Second Floor, 505 North County Farm
Road, Wheaton.
April 21
11:00 a.m.
AS 94-15
Land
In the Matter of: Petition of Lone Star Industries, Inc. for an Adjusted Standard from
35 Ill. Adm. Code 811.320(d) - LaSalle County Courthouse, Courtroom 305, 119
West Madison Street, Ottawa.
April 24
10:00 a.m.
PCB 95-77
L-S-R, 3d P
Keith Tiberend v. Waste Management of Illinois, Inc. and Village of Marissa -
M.A.C.C. Building (Old High School), North Borders Street, Marissa.
April 25
10:00 a.m.
R 94-2(B)
R, Land
In the Matter of: Petroleum Leaking Underground Storage Tanks, 35 Ill. Adm. Code
732 - James R. Thompson Center, 100 West Randolph Street, Room 9-040, Chicago.
April 26
10:00 a.m.
R 94-2(B)
R, Land
In the Matter of: Petroleum Leaking Underground Storage Tanks, 35 Ill. Adm. Code
732 - James R. Thompson Center, 100 West Randolph Street, Room 9-040, Chicago.
April 27
10:00 a.m.
PCB 94-273
EPCRA-E
People of the State of Illinois v. Metals Technology Corp. - Elmhurst City Hall,
Second Floor, Conference Room No. 2, 209 North York Street, Elmhurst.
May 1
10:00 a.m.
PCB 95-75
P-A, Air
Medical Disposal Services, Inc. (Harvey Site) v. EPA - James R. Thompson Center,
Room 11-500, 100 West Randolph Street, Chicago. (Consolidated with PCB 95-76.)
May 3
10:00 a.m.
PCB 94-270
A-E
People of the State of Illinois v. Spraying Systems Company - DuPage County
Courthouse, Courtroom 212, 505 North County Farm Road, Wheaton.
May 4
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
May 8
1:00 p.m.
AS 94-19
PWS
In the Matter of: Petition of Hepworth U.S. Holdings, Inc. for an Adjusted Standard
from 35 Ill. Adm. Code 620.410 - LaSalle County Downtown Courthouse, Room 206,
Ottawa.
May 9
9:00 a.m.
PCB 94-371
WWSE
City of Elgin v. EPA - Kane County Courthouse, Courtroom 110, 100 South Third
Street, Geneva.
May 10
10:00 a.m.
PCB 95-89
UST-FRD
Eugene W. Graham (Libertyville Citgo) v. EPA - Libertyville Village Hall, Board
Room, 118 West Cook Street, Libertyville.
May 18
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
May 19
10:00 a.m.
PCB 93-15
N-E, Citizens
Dorothy Furlan and Michael Furlan v. University of Illinois School of Medicine -
Winnebago County Courthouse, County Board Room 817, 400 West State Street,
Rockford.
June 1
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
June 1
1:00 p.m.
PCB 94-370
A-V
The Dow Chemical Company (Dow Joliet Site) v. EPA - Illinois Pollution Control
Board, 600 South Second Street, Suite 402, Springfield.
Environmental Register No. 492
Environmental Register No. 492
March, 1995/Page
March, 1995/Page 17
17
June 9
10:00 a.m.
PCB 92-60
UST-FRD
Kean Oil Company v. EPA - McHenry County Government Center, Room B-164,
2200 North Seminary, Woodstock.
June 14
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, Room 11-500, 100 West Randolph Street, Chicago.
June 15
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph
St., Conference Room 9-040, Chicago
June 21
1:00 p.m.
PCB 94-136
UST-FRD
Elmhurst-Chicago Stone Company v. EPA - DuPage County Board Office, Third
Floor, 421 North County Farm Road, Wheaton.
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
HW DelistRCRA Hazardous Waste Delisting
L-E
Land Enforcement
L-S-RLandfill Siting Review
L-V
Land Variance
MWMedical Waste (Biological Materials)
N-E
Noise Enforcement
N-VNoise Variance
P-A
Permit Appeal
PWS-EPublic Water Supply Enforcement
PWS-V
Public Water Supply Variance
RRegulatory Proceeding proceeding (hazardous waste only)
RCRA
Resource Conservation and Recovery Act
S0
2
S0
2
Alternative Standards (35 ILL. ADM. CODE
302.211(f)))
SWH-E
Special Waste Hauling Enforcement
SWH-VSpecial Waste Hauling Variance
T
Thermal Demonstration Rule
T-CTax Certifications
T-S
Trade Secrets
UST-AppealUnderground Storage Tank Corrective Action
Appeal
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
Page
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18/ March, 1995
/ March, 1995
Environmental Register No. 492
Environmental Register No. 492
Printed by Authority of the State of Illinois, March, 1995, 2,000 copies, order #57701.
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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.