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    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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    2/ March, 1995
    / March, 1995
    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.
    Environmental Register No. 492
    Environmental Register No. 492
    March, 1995/Page
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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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    4/ March, 1995
    / March, 1995
    Environmental Register No. 492
    Environmental Register No. 492
    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
    Environmental Register No. 492
    Environmental Register No. 492
    March, 1995/Page
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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
    Page
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    / March, 1995
    Environmental Register No. 492
    Environmental Register No. 492
    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
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    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.
    Page
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    / 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
    Page
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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.
    Page
    Page 16
    16/ March, 1995
    / 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
    Page 18
    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.
    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.

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