9504-493.doc

Printed on Recycled Paper

NVIRONMENTAL

EGISTER

No. 493

Illinois Pollution Control Board News

April, 1995

APPELLATE UPDATE

FIFTH DISTRICT REMANDS LANDFILL SITING APPEAL FOR

DETERMINATION OF NOTICE ISSUES

In a recent Rule 23 order,

C.O.A.L. v. PCB

(5th Dist. April 3,

1995), No. 5-93-0282, the Fifth District Appellate Court reversed the

Board decision in

C.O.A.L. v. Laidlaw Waste Systems, Inc.

(Feb. 4

& Mar. 25, 1993), PCB 92-131, which affirmed the Section 39.2

grant by the Perry County Board of local siting approval for a

proposed landfill. The court held that the county board had lacked

jurisdiction to grant siting approval because property owners within

250 feet of the proposed facility had not received 14 days prior

notice of the filing of the petition for approval.

The siting approval applicant, Laidlaw Waste Systems, mailed

notices on March 4, 1992 to the owners of property within 400 feet

of the proposed site, as indicated in the records of the Perry County

Supervisor of Assessments. Laidlaw filed its petition with the Perry

County Board on March 17, 1992. The county board held that it

had jurisdiction and approved the siting for the facility. Third party

challengers appealed that determination to the Board, arguing for

the first time,

inter alia

, that the county Board lacked jurisdiction

because not all owners within 250 feet had been properly served

with notice pursuant to Section 39.2(b) of the Act. The Board held

that the county board had jurisdiction and affirmed the local siting

approval.

On appeal, the Fifth District initially noted that the issue of

statutory notice was jurisdictional, and a challenger could raise it at

any point in the siting approval process. The challengers first raised

the issue of jurisdiction during the hearing before the Board on

review of the county board's decision. The Fifth District proceeded

to the jurisdictional issue and held that the Board had erred by

finding that the Supervisor of Assessments' records were the

"authentic tax records" of Perry County without having first received

evidence on this issue. The court believed that the Board should

have considered a deed for mineral rights and tax bills as evidence

on the issue of ownership within 250 of the proposed site. Thus, the

court held that the Board should not have granted Laidlaw's motion

to strike that evidence. It reversed the Board's affirmance of the

Perry County board approval and remanded the case to the Board

for further proceedings to determine whether all property owners

within 250 feet had been served with notice of the petition for siting

approval.

The Fifth District noted that the issue of whether the notices were

timely sent was raised on appeal but did not decide the issue. The

challengers argued that the property owners must receive the

notices 14 days before the filing; Laidlaw contended that posting the

notices 14 days before the filing of the petition was sufficient, since

the "mail-box" rule applied. The court deferred on this issue in order

that the Board make the determination on remand. The court did

not consider the substantive determinations on siting approval

according to the manifest weight standard, limiting its reversal to the

jurisdictional issue.

STATUTORY AMENDMENT COULD NOT BE APPLIED

RETROACTIVELY TO DENY REGISTRATION OF USTs

In a February 1, 1995 decision involving the Office of the State

Fire Marshal (OSFM), rather than the Board, an Illinois appellate

court held that the trial court erred when it applied a statutory

amendment retroactively to deny registration of an underground

storage tanks (USTs). The

First of America Trust Co. v. Armstead

(3d Dist. Feb. 1, 1995), No. 3-94-0193, court found nothing in P.A.

87-1088 indicating an intent for retroactive application of the

amendments. In the absence of a clear expression of legislative

intent, the amendments should have been applied prospectively.

The owner of the USTs applied to the OSFM for registration of

the tanks on March 15, 1992. The property was used until 1962 as

a gasoline service station. The USTs were not subsequently used

to dispense petroleum products, but did continue to contain small

quantities of those materials after that time. At the time of

application, Section 4(b)(1)(A) of the Gasoline Receptacle Labeling

Act, now the Gasoline Storage Act [430 ILCS 15/4(b)(1)(A)], allowed

registration of USTs that contained petroleum at any time between

January 1, 1974 and September 24, 1987. The OSFM denied

registration of the tanks on September 9, 1992 because it construed

"contained" to mean that the tanks must have been in use during

that time. The tank owner appealed this determination to the circuit

court of Peoria County.

P.A. 87-1088 amended Section 4(b)(1)(A) on September 15,

1992 to add that the UST must not have been taken out of

operation before January 2, 1974 as a precondition to registration.

The circuit court agreed with the UST owner that the OSFM erred in

interpreting "contained" as requiring use or operation of the tanks.

Nevertheless, the court affirmed the denial of registration based on

the intervening amendments of P.A. 87-1088.

The Third District reversed the trial court's decision, observing

that prior to P.A. 87-1088, the statute included no language relating

to use or operation of the tanks as a precondition to registration. It

held that P.A. 87-1088 could not be given retroactive effect, and if

the OSFM had granted registration on September 9, 1992, as it

should have, the tanks would have been registered. The court

concluded that P.A. 87-1088 applies only to applications for

registration submitted after September 15, 1992 and reversed the

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Environmental Register No. 493

denial of registration. Determining that the denial of registration was

not the adoption of a rule within the meaning of Section 10-55(c) of

the Administrative Procedure Act [5 ILCS 100/10-55(c)], which

allows fees and costs when a rule is invalidated by a court, the Third

District affirmed the circuit court's denial of an award of attorney's

fees and costs.

(Editor's note: This outcome is very similar to that of the Cook

County Circuit Court involving the amendments of P.A. 87-323,

effective September 6, 1991, to Section 4(b)(1)(B) in

Board of

Education v. Armstead

(Sept. 11, 1992), No. 91 CH 4963, in which

the court ordered registration of the USTs involved. The

Board of

Education

case is presently on appeal in the First District appellate

court.

)

SUPREME COURT HOLDS THAT AN APPELLANT MUST NAME

THE AGENCY AND ALL PARTIES OF RECORD OR FACE

DISMISSAL OF THE APPEAL

In a recent decision not involving the Board or environmental

matters, the Illinois Supreme Court held that a failure to name the

agency and all parties of record below would require dismissal of an

appeal under Supreme Court Rule 335.

McGaughy v. Illinois

Human Rights Commission

(Mar. 23, 1995), Nos. 75571 & 75917,

heard appeals from two different decisions of appellate courts that

involved decisions of the Department of Human Rights and the

Illinois Human Rights Commission. It held that the failure to name

"that agency and all other parties of record", as required by

Supreme Court Rule 335(a), deprived the appellate courts of the

ability to hear the appeals.

In one of the cases, the appellant had failed to name the

Department of Human Rights in its appeal; the Third District

appellate court denied dismissal of the appeal. In the other case,

the appellant had failed to name the Commission, the Department,

and her former employer, instead captioning the appeal, "In the

Matter of the Request for Review . . .". The Fourth District

dismissed that appeal for lack of jurisdiction. In both instances, the

appeals were timely filed pursuant to Section 8-111(A)(1) of the

Human Rights Act [775 ILCS 5/8-111(A)(1) (1992)] and Supreme

Court Rule 335, as referenced in Section 8-111(A)(1). Further, the

appellants had timely served all the necessary respondents with

copies of the appeal.

The Supreme Court examined

Lockett v. Chicago Police Board

(1990), 133 Ill. 2d 349, 549 N.E.2d 1266;

Cuny v. Annunzio

(1952),

411 Ill. 613, 104 N.E.2d 780; and

Winston v. Zoning Board of

Appeals

(1950), 407 Ill 588, 95 N.E.2d 864, which held that the

failure to name the agency and all parties of record required

dismissal under the Administrative Review Law [735 ILCS 5/3-

107(a) (1992)]. The court noted that although these Supreme Court

decisions and many appellate cases had required dismissal of

appeals of administrative decisions under either the administrative

review law or some other statutory provision referring to Rule 335.

The appellate cases cited included

Environmental Control Systems,

Inc. v. PCB

(5th Dist. 1994), 258 Ill. App. 3d 435, 630 N.E.2d 554, in

which the court dismissed an appeal of a Board decision for failure

to name the county board whose determination was appealed to the

Board.

(See issue 483, June, 1994.)

The court observed that in the

cited cases, dismissal was required for the failure to name, whether

or not the court used jurisdicational terms or not. Concluding that

the result was the same under the Administrative Review Law and

Rule 335, the court held that a party seeking review of an

administrative decision must strictly adhere to the terms and name

the agency and all parties of record, or that party would face

dismissal.

RULE

RULEMAKING UPDATE

MAKING UPDATE

PART VII 15% ROP PROPOSAL PROPOSED FOR SECOND

NOTICE, R94-33

On March 16, 1995, the Board proposed Part VII of the 15

percent rate of progress (ROP) plan for Second Notice review by

the Joint Committee on Administrative Rules. This part, docketed

as R94-33, is a segment 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 the Part VII 15% ROP plan rulemaking

proposal pursuant to the "fast-track" rulemaking provisions of

Section 28.5 of the Environmental Protection Act (Act), which

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 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 Agency filed the Part VII ROP proposal on November 14,

Environmental Register No. 493

April, 1995/Page

April, 1995/Page 3

1994. On November 18, 1994, the Board proposed the Part VII

ROP amendments for First Notice publication in the

Illinois Register

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.

JCAR received the Second Notice package on March 22, 1995,

and the Second Notice period ends after 45 days, on May 5, 1995.

The Board will be free to adopt amendments based on the proposal

when it receives a Certificate of No Objection from JCAR or when

the Second Notice period ends, whichever comes first. Direct

questions on the Part VII proposal to Audrey Lozuk-Lawless, at 312-

814-6923. Request copies of of the Board's action on these

amendments from Victoria Agyeman, at 312-814-6920. Please

refer to docket R94-33.

CONSOLIDATED RCRA AND UIC UPDATE PROPOSED FOR

PUBLIC COMMENT, R95-4/R95-6

On March 2, 1995, the Board proposed identical-in-substance

amendments to the Illinois RCRA Subtitle C hazardous waste and

underground injection control (UIC) regulations. The amendments

correspond with U.S. EPA revisions to the two federal programs

made during the period July 1 through December 31, 1994. The

Board also included corrective amendments made by U.S. EPA on

January 3, 1995. The Board consolidated the amendments for the

two programs into a single action for the sake of promptly acting on

all the amendments and because many of the amendments to the

UIC program were closely related to some of the RCRA Subtitle C

amendments. The Board had received a request from the regulated

community that it proceed to promptly adopt some of the RCRA

Subtitle C amendments relating to land disposal of hazardous

waste. The UIC amendments are proceeding under docket number

R95-4; the RCRA Subtitle C amendments bear the docket number

R95-6.

During the update period, U.S. EPA undertook several actions.

On July 28, 1994, U.S. EPA excluded certain in-process recycled

secondary materials used by the petroleum refining industry from

the definition of solid waste. On August 24, 1994, it withdrew an

exemption from Subtitle C regulation for certain slag residues from

high temperature metal recovery (HTMR) processes that are used

in a manner constituting disposal. On September 19, U.S. EPA

restored text inadvertently omitted from amendments it undertook

on August 31, 1993 (updating chemical test methods). Other

amendments made by U.S. EPA on September 19, 1994 included

the Phase II land disposal restrictions (LDRs), also called the

"universal treatment standards". The Phase II LDRs affected the

UIC program. U.S. EPA promulgated organic material emissions

standards for hazardous waste tanks, surface impoundments, and

containers on December 6, 1994. Finally, on January 3, 1995, U.S.

EPA made corrective amendments to the September 19, 1994

Phase II LDRs.

The Board proposed all the necessary amendments to update

the Illinois RCRA Subtitle C and UIC programs to include the federal

amendments described. The Board further included a number of

corrective and conforming amendments to both programs. Not

directly prompted by the federal amendments, yet included by the

Board were the repeal of Part 700, which formerly set forth the

general provisions for all of the land pollution control regulations,

and the update of the tables of hazardous waste delistings to

include a recent delisting granted Envirite Corporation on December

14, 1994, under docket number AS 94-10.

The public comment period began on March 24, 1995, when

Notices of Proposed Amendments appeared in the

Illinois Register

The public comment period will end after 45 days, on May 8, 1995.

After the public comment period ends, the Board will be free to

adopt amendments based on the proposal. The identical-in-

substance provisions of the Act provide that the Administrative

Procedure Act requirements for First Notice and Second Notice

review by the Joint Committee on Administrative Rules do not apply

to this proceeding.

Direct questions to Michael J. McCambridge, at 312-814-6924.

Request copies of the proposed amendments from Victoria

Agyeman, at 312-814-6920. Please refer to consolidated docket

R95-4/R95-6.

CONSOLIDATED SDWA UPDATE AMENDMENTS PROPOSED

FOR PUBLIC COMMENT, R94-23/R95-3

On March 16, 1995, the Board proposed consolidated

amendments to the Illinois Safe Drinking Water Act (SDWA)

program regulations to correspond with federal amendments that

occurred in the periods January 1 through June 30, 1994 and July 1

through December 31, 1994. Docket number R94-23 applies to the

period up to June 30, 1994, and docket number R95-3 applies to

the period beginning July 1. The Board consolidated the two sets of

amendments because some of the R95-3 amendments directly

affected the disposition of many of the earlier R94-23 amendments.

U.S. EPA amended the federal regulations on June 30, 1994, to

correct certain segments of the lead and copper rules. Among the

federal corrections and clarifications were amendments related to

the monitoring and chemical analytical requirements. On July 1,

1994, U.S. EPA similarly corrected errors int he unregulated

contaminant monitoring requirements and the Phase II, Phase IIB,

and Phase V regulations. On December 5, 1994, U.S. EPA

consolidated nearly all of the inorganic chemical analytical

requirements into a single table, updating all of the methods to later

versions of the available references. Some of the later actions

relating to chemical analytical methods affected the earlier

amendments. Finally, the Board proposed amendment of the

regulations to note a recent federal case,

American Water Works

Association v. EPA

, 40 F.3d 1266 (D.C. Cir. 1994), which

invalidated the federal regulation underlying a segment of the Illinois

regulations.

Direct questions to Michael J. McCambridge, at 312-814-6924.

Request copies of the proposed amendments from Victoria

Agyeman, at 312-814-6920. Please refer to consolidated docket

R94-23/R95-3.

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/ April, 1995

Environmental Register No. 493

BOARD GRANTS EXPEDITED CONSIDERATION OF

AMENDMENTS TO THE DEFINITION OF VOM, R95-2

On March 16, 1995, the Board granted the Agency's request for

expedited consideration of the latest identical-in-substance update

to the definition of volatile organic material (VOM). Attached to the

Agency's March 7 letter were letters directed to the Agency from

Occidental Chemical Corporation and Dow Corning Corporation

requesting that Illinois amend our definition of VOM to include new

exemptions from the definition.

Docket R95-2 is reserved for any federal amendments to the

federal definition of VOM, now codified as 40 CFR 51.100(s). U.S.

EPA amended that definition on October 5, 1994, at 59

Fed. Reg.

50696, by adding one compound and one class of compounds to

the list of those exempted from consideration as VOM. The newly-

exempted compounds are parachlorobenzotrifluoride (PCBTF) and

the class of compounds called cyclic, branched, or linear

completely-methylated siloxanes. The effect of this action was to

exempt the emissions of these materials from controls for the

purposes of state implementation plans for ozone--

i.e.

, industries no

longer needed to control emissions of these materials.

Direct questions to Michael J. McCambridge, at 312-814-6924.

Request copies of the proposed amendments from Victoria

Agyeman, at 312-814-6920. Please refer to docket R95-2.

(Editor's note: As of the writing of this issue, the Board had

intended to place a proposal for public comment on its April 20,

1995 decisions agenda for consideration.)

RCRA SUBTITLE D AND UST UPDATE DOCKETS DISMISSED,

R95-5 & R95-7

On March 16, 1995, the Board dismissed two identical-in-

substance update dockets because U.S. EPA had not amended the

corresponding federal regulations during the relevant period in any

way that would require Board action. R95-5 was reserved for

amendments to the federal RCRA Subtitle D (municipal solid waste

landfill) program that would have occurred in the period July 1

through December 31, 1994. R95-7 was reserved for U.S. EPA

amendments to its underground storage tank (UST; RCRA Subtitle

I) regulations. Since no Board action was required, the Board

promptly dismissed both dockets.

Direct questions to Michael J. McCambridge, at 312-814-6924.

Request copies of the proposed amendments from Victoria

Agyeman, at 312-814-6920. Please refer to docket R95-5 or R95-7,

as appropriate.

SPECIAL WASTE VEHICLE NUMBER RULEMAKING OPENED,

R95-11

On March 16, 1995, the Board opened a docket to consider an

amendment to the special waste hauler requirements of the land

pollution control regulations. The new proceeding concerns the

requirements that special waste haulers mark transport vehicles

with a special waste hauler permit number.

The Board received a letter from the American Trucking

Association (ATA) dated February 22, 1995 indicating that Section

809.401 of the special waste hauling regulations may have been

preempted by the federal Hazardous Materials Transportation Act

(HMTA; 49 U.S.C. §§ 1801

et seq.

), as interpreted by the U.S.

Department of Transportation (U.S. DOT) on February 9, 1994 (at

Fed. Reg.

6186). The U.S. DOT had interpreted a Michigan

requirement very similar to Illinois Section 809.401 and determined

that the HMTA had preempted the Michigan requirement. ATA

suggested an amendment to Section 809.401 that was jointly

drafted with the Agency. This amendment would replace the

vehicle marking requirement with a requirement that the operator

maintain a photocopy of the hauling permit in the vehicle available

for inspection on demand.

By its March 16 order, the Board authorized two hearings in this

matter and invited ATA and the Agency to testify at hearing. Direct

questions to Musette H. Vogel, at 217-524-8509. Request copies of

the Board's order from Victoria Agyeman, at 312-814-6920. Please

refer to docket R95-11.

FOR YOUR INFORMATION

TWO ATTORNEYS JOIN BOARD STAFF

The Board recently filled vacancies in its staff with two

attorneys. Both will work primarily out of the Board's

Chicago office. New to the Board is Katheryn Carney

(K.C.) Doyle, attorney-assistant to Member J. Theodore

Meyer. Audrey Lozuk-Lawless, formerly a law clerk for

the Board, has accepted the position of attorney-assistant to

Board Member Dr. Ronald C. Flemal.

Ms. Lozuk-Lawless received her J.D. with a certificate in

environmental and energy law, from Chicago-Kent Law

School, Illinois Institute of Technology. Ms. Lozuk-

Lawless also graduated magna cum laude from Vermont

Law School with a Masters of Studies in Environmental

Policy Law and a B.A. in Economics from the University of

Illinois at Urbana-Champaign, where she also completed a

one-year intensive studies program in economics at the

University of Bath, England. While attending law school,

Ms. Lozuk-Lawless worked as a law clerk for the Board,

the Illinois EPA, and the Illinois Attorney General

Environmental Control Division. Prior to entering law

school, Ms. Lozuk-Lawless was a buyer for the Hawaiian

outlets of a major national restaurant chain. Ms. Lozuk-

Lawless is a member of the Illinois and Chicago Bar

Associations.

K.C. Doyle joined Board staff in the beginning of April.

She is a 1993 graduate of the Illinois Institute of

Technology, Chicago-Kent College of Law, with an

Environmental Law Certificate. While attending law

school, Ms. Doyle researched Constitutional issues under

Professor David Rudstein. She also served an

environmental law internship with the Office of the Illinois

Attorney General and worked as a Law Clerk for the law

firms of Anesi, Ozmon & Rodin, Ltd., and the Law Offices

of Michael Cascino, in Chicago, who were engaged in

general civil litigation, including toxic tort litigation. Since

becoming an attorney, Ms. Doyle worked for the law firm

of Ryan, Miller & Trafelet, of Chicago, engaged in family

law practice; for the City of Chicago, performing various

Environmental Register No. 493

April, 1995/Page

April, 1995/Page 5

legal duties; and she wrote a brief to the Seventh Circuit that

recently won on appeal. K.C. Doyle is a current member of

the Lawyers Round Table, Sierra Club and the Young

Lawyers Section, Chicago Bar Association. She has also

served as a Special Events Coordinator for the Multiple

Sclerosis Society, in Chicago, and for the Boys & Girls

Clubs of Chicago.

The Board and staff warmly welcome these new

colleagues.

BOARD CHAIRMAN TO SPEAK AT CONFERENCE

Board Chairman Claire A. Manning will speak at the

sixth annual convention of the Illinois Association of

Environmental Service Companies. She will deliver a

keynote speech setting forth a current regulatory overview

and highlighting regulatory trends. The speech is scheduled

for May 13, 1995, at The Prairie Capital Convention

Center, in Springfield.

BOARD AND STAFF TOUR POWER PLANT

On March 21, 1995, the Central Illinois Light Company

(CILCO) conducted members of the Board and staff on a

tour of its Duck Creek power plant, near Clinton. The tour

of the CILCO coal-fired electric generating facility involved

the boilers, the flue gas desulfurizing scrubbers, the cooling

water and ash ponds, the continuous air monitoring

equipment, and other aspects of plant operations.

RESTRICTED STATUS AND CRITICAL REVIEW

LISTS FOR PUBLIC WATER SUPPLIES IN THIS

ISSUE

The Illinois Environmental Protection Agency, Division

of Public Water Supplies, is publishing copies of the Divi-

sion's Restricted Status and Critical Review lists at the end

of this issue of the Environmental Register. These lists

reflect the status as of April 1, 1995.

SIGNIFICANT RECENT FEDERAL ACTIONS

The Board will be, in this and future issues, reporting

recent federal actions from the

Federal Register

that are of

interest to the Board and the regulated community. Below

are highlighted 12 such actions:

Conditional U.S. EPA Approval of Illinois PM

SIP

On November 18, 1994 (59 Fed. Reg. 59653), U.S. EPA

granted conditional approval of the Illinois PM

SIP for

Lake Calumet, McCook, and Granite City. These areas are

designated nonattainment for particulate material. The

Board adopted the particulate matter with an aerodynamic

diameter less than or equal to a nominal 10 micrometers

(PM

) amendments to the particulate matter rules on April

9, 1992, in docket R91-22.

(See issue 450, Apr. 22, 1992.)

U.S. EPA granted the approval on a conditional basis

after receiving a March 2, 1994 commitment letter by the

Illinois EPA (Agency) to correct certain deficiencies in the

program within one year. U.S. EPA conditioned the

approval because it perceived certain deficiencies in the

Illinois PM

SIP submittal. These deficiencies were

described by U.S. EPA (and are summarized) as follows:

1. Illinois has underestimated certain emissions of Granite

City Steel, Acme Steel, LTV Steel, CWM Chemical

Services, CPC International, and GM Electromotive

Division;

2. Illinois' submittal did not adequately address

maintenance of the national ambient air quality standard

(NAAQS) for PM

in the nonattainment areas;

3. Section 212.443(a) exempts coke ovens from the

opacity limitations, which served to delay enforcement of

mass loading violations by LTV Steel;

4. The rules that apply to electric arc furnace roof vents

of American Steel Foundries are unenforceable because

the stacks cannot be tested;

5. Section 212.107 could be misinterpreted as requiring

the use of Method 22 to test opacity limits;

6. The measurement methods in each of Sections 212.107

through 212.110 are not always consistent (and should be

integrated into Section 212.110 in the mind of U.S. EPA);

and

7. Several exemptions from mass limitations intended for

small, well-controlled sources with no visible emissions

could be misinterpreted to exclude other sources (and

should be clarified as to what sources and when they

apply in the opinion of U.S. EPA).

U.S. EPA SIP Approval of Part I 15% ROP

On January 27, 1995 (60 Fed. Reg. 5318), U.S. EPA

approved a SIP revision as a direct final rule that included

the R94-12 Part I 15% ROP rules. The Board adopted the

Part I ROP proposal on September 15, 1994. The approved

segments of the Part I amendments, which were effective on

September 21, 1994, require the use of pressure-vacuum

relief valves on vent tubes at gasoline dispensing operations

in both the Chicago and Metro-East areas. 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.

(See issue 487, Oct., 1994.)

On March 23, 1995 (60 Fed. Reg. 15233), U.S. EPA

approved the remaining segments of the Illinois Part I ROP

amendments as a revision to the Illinois ozone SIP. The

approval came in the form of a direct final rule effective

May 22, 1995. The Board adopted R94-12 on September

15, 1994, and it involved the use of 7.2 RVP fuel. U.S.

EPA stated that the lowered RVP will reduce emissions 8.5

tpd in the Metro-East St. Louis area.

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/ April, 1995

Environmental Register No. 493

Approval of Part II ROP Amendments

On April 3, 1995 (60 Fed. Reg. 16801), U.S. EPA

approved the Illinois Part II 15% reduction of pollution

(ROP) amendments of R94-14.

(See issue 448, Nov.,

1994.)

U.S. EPA made this a direct final rule effective

June 2, 1995. R94-15 involved the marine vessel off-load-

ing rules, requiring VOM controls operating at 95%

efficiency during the period May 1 through September 15

each year in the metropolitan Chicago and Metro-East

areas. U.S. EPA reiterated the Agency's projected

emissions reductions of 1.3 tons per day (tpd) in the

Chicago area and 11.82 tpd int he Metro-East area. The

projected emissions reductions necessary for these areas for

Illinois to meet the federal 15% ROP are 11.82 tpd for

Metro-East and 250 tpd for Chicago. U.S. EPA stated that

the Part II ROP amendments will account for 44% of the

necessary reductions for the Metro-East area and 1% for the

Chicago area.

Exemption for Lake Michigan States

On March 6, 1995 (60 Fed. Reg. 12180), U.S. EPA

proposed granting an exemption from the reasonably

available control technology (RACT), new source review

(NSR), vehicle inspection and maintenance (I/M), and

conformity requirements for nitrogen oxides (NO

). The

covered area includes portions of Illinois, Indiana,

Michigan, and Wisconsin that bound Lake Michigan.

Generally, the NO

requirements apply in ozone nonattain-

ment areas. The NSR, RACT, I/M, and conformity

requirements apply to major stationary sources of NO

these areas.

A July 13, 1994 petition by the Lake Michigan Air

Directors Consortium, on behalf of the four states,

requested relief from the Clean Air Act (CAA) § 182 NO

requirements in the Lake Michigan Ozone Study modeling

domain. CAA § 182(f) allows an exemption from the

RACT and NSR requirements if U.S. EPA determines

either that air quality benefits are actually greater without

further NO

reductions or that further reductions would not

contribute to attainment of the national ambient air quality

standard (NAAQS) for ozone. U.S. EPA concluded based

on the petition that the Chicago, Grand Rapids, Milwaukee,

and other areas included are affected by ozone and

precursors transported into the area from outside. U.S.

EPA believes that the broader area's ozone problem is

regional and requires a regional solution.

U.S. EPA proposed approval of the petition the Urban

Airshed Model (UAM-V) tested whether VOC-plus-NO

controls, VOC-only controls, or NO

-only controls resulted

in the least ozone peak concentrations and concluded that

VOC-only controls indicated the smallest area with peak

ozone concentrations above the primary National Ambient

Air Quality Standard (NAAQS) of 120 ppb. U.S. EPA

stated that the model indicated that further NO

reductions

would not contribute to attainment of the NAAQS for

ozone. Although the petition did not expressly request relief

from the I/M requirements with regard to NO

, U.S. EPA

included that program in the proposed approval. U.S. EPA

views these approvals as subject to reversal in the event

further information so warrants, so it reserved the right to

reverse its approval if further modeling indicates a benefit

for ozone attainment.

U.S. EPA stated that the 24-month sanctions clocks that

are running for the states' failures to submit a complete NO

RACT SIP submittal will stop if it approves the petition.

However, U.S. EPA stated that the sanctions clock would

continue to run pending approval.

Interim Approval of Illinois Air Operating Permit Program

On March 7, 1995 (60 Fed. Reg. 12478), U.S. EPA

approved certain elements of the Illinois CAA operating

permit program (CAAPP). U.S. EPA granted a non-

renewable interim approval of the Illinois operating permit

program, which expires March 7, 1997. U.S. EPA stated

that Illinois must cure certain perceived deficiencies in its

operating permit program to gain full approval from U.S.

EPA:

1. Illinois must correct certain deficiencies in the insignif

icant activities regulations,

2. The state must amend Section 39.5(13)(c)(vi) of the

Act to require the use of the significant modification

procedure to incorporate emissions trades into CAAPP

permits,

3. Illinois must develop regulations defining enhanced

NSR for implementing 40 CFR 70.7(d)(1)(v), and

4. The state must incorporate the federal acid rain provi

sions into the Act by reference.

The one-year time period for submittal of permit

applications and three-year period for application processing

began with the interim approval. Illinois must submit a

complete corrected program package for U.S. EPA review

by September 9, 1996. If U.S. EPA disapproves that

package, U.S. EPA will be required to apply sanctions to

the state, and could be required to promulgate a federal

implementation plan for the state.

U.S. EPA also approved Illinois' federally enforceable

state operating permit program (FESOP) for limitations on

hazardous air pollutants (HAPs) under CAA § 112 and the

preconstruction permitting program for the purposes of

implementing the federal CAA § 112(g) rules between when

U.S. EPA promulgates final regulations and when Illinois

adopts § 112(g) regulations.

Environmental Register No. 493

April, 1995/Page

April, 1995/Page 7

Site-Specific RACT for Reynolds Metals, McCook

On March 10, 1995 (60 Fed. Reg. 13043), U.S. EPA

promulgated a site-specific RACT rule for volatile organic

compound (VOC) emissions from the Reynolds Metals plant

in McCook, in Cook County. U.S. EPA reconsidered its

earlier decision of June 29, 1990 (55 Fed. Reg. 26814) to

subject major non-control technique guideline (non-CTG)

sources to the federal implementation plan (FIP)

requirements of 40 CFR 52.741(x) (other sources). New 40

CFR 52.741(x)(7) applies effective July 7, 1995 to

Reynolds' use of certain organic lubricants in its hot and

cold rolling mills. Reynolds Metals has an adjusted

standard based on this rule presently pending before the

Board under docket number AS 91-8.

Approval of Illinois 1990 Base Year Emissions

U.S. EPA approved the 1990 base year ozone precursor

emissions inventories for the Chicago and Metro-East ozone

nonattainment areas on March 14, 1995 (60 Fed. Reg.

13631). U.S. EPA originally published its approval as a

direct final rule as a revision to the SIP on September 13,

1994 (at 59 Fed. Reg. 46920), subject to a 30-day public

comment period and the possibility of subsequent

withdrawal (59 Fed. Reg. 46948). In the March 14, 1995

action, U.S. EPA responded to the comments received and

decided to approve the inventory.

Redesignation of Jersey County to Ozone Attainment Area

On March 14, 1995 (60 Fed. Reg. 13634), U.S. EPA

approved redesignation of Jersey County to attainment status

for ozone by the addition of 40 CFR 52.726(h) and

amendment of 40 CFR 81.314. This was accompanied by

approval of a maintenance plan for the area. Jersey County

was formerly designated by U.S. EPA as a marginal

nonattainment area on November 6, 1991 (at 56 Fed. Reg.

56694). The redesignation was based on 1990 through 1992

monitoring data.

Chicago Ozone FIP Site-Specific Revisions

On March 21, 1995 (60 Fed. Reg. 14899), U.S. EPA

amended the Chicago FIP for ozone for a number of

manufacturing facilities. U.S. EPA approved the use of

production and operational limitations as a way to keep

emissions below the applicability cutoff rule (100 tons per

year). Production limits restrict the amount of final product

produced; operational limits restrict the way a source is

operated, including hours of operation and raw materials

use. The facilities for which U.S. EPA established a site-

specific rule are General Motors Corporation, Electro-

Motive Division, in LaGrange; Minnesota Mining and

Manufacturing (3M), in Bedford Park; Replogle Globes,

Inc., in Broadview; Candle Corporation of America (CCA),

in Chicago; Nalco Chemical Company, Illinois Clearing

Plant, in Bedford Park; Parisian Novelty Company, in

Chicago; Meyercord Corporation, in Carol Stream; Wallace

Computer Services, Inc., Printing and Binding Plant, in

Hillside; and General Packaging Products, Inc., in Chicago.

Redesignation of Peoria and Tazewell Counties as

Attainment for Sulfur Dioxide

On April 4, 1995 (60 Fed. Reg. 16996), U.S. EPA

published a direct final rule approving the redesignation of

the Peoria and Tazewell County areas (Peoria and Hollis

Townships in Peoria County and Groveland Township in

Tazewell County) as attainment for sulfur dioxide (SO

effective June 5, 1995. The approval also embraced the

approval of a maintenance plan for those areas.

In discussing the approval, U.S. EPA stated that it could

now approve the redesignation and maintenance plans

because the Illinois SIP allows sources to show that they

would not contribute to a violation of the National Ambient

Air Quality Standard (NAAQS) for SO

by a stack test or a

two-month average of fuel sulfur content. U.S. EPA stated

that no violations of the primary NAAQS of 0.14 parts per

million (ppm) for SO

have occurred in the affected areas

since 1977, but in 1988 a single exceedance of the primary

NAAQS occurred in Tazewell County. The state is allowed

a single exceedance of the NAAQS in a year before it is

deemed to have failed to attain the standards. Actual 1993

emissions in the area were 23% lower than allowed by

the 1986 approved SO

SIP as a result of controls and

permanent source closures.

Approval of SIP Revision for Smaller Source Permit Rules

On April 5, 1995 (60 Fed. Reg. 17229), U.S. EPA

published a direct final rule approving the Illinois smaller

source permit rules of R93-11.

(See issue 478, Jan., 1994.)

The SIP approval will become effective on June 5, 1995.

The specific rules affected are Sections 201.162, 201.163,

201.180, 201.181, and 211,5500 of the Illinois air pollution

control regulations.

U.S. EPA noted that the smaller source permit rules are

intended to lessen the regulatory permitting burden on

smaller pollutant sources. They reduce the frequency of

permit renewal for sources that emit less than 25 tpy total

regulated pollutants (volatile organic material, nitrogen

oxides, sulfur dioxide, particulate matter, and carbon

monoxide). The sources are not exempted from other

requirements, such as annual reporting and construction

permit requirements, and for accounting for emissions of

hazardous air pollutants. U.S. EPA noted that an estimated

6,000 sources in Illinois are eligible for the smaller source

program. However, U.S. EPA stated that smaller source

permits are not federally-enforceable permits because they

are not subject to federal public comment and U.S. EPA

Page

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8/ April, 1995

/ April, 1995

Environmental Register No. 493

review. Thus, a smaller source permit cannot be used like a

federally-enforceable permit for such things as limiting the

source's potential to emit in order to remain below the

major source thresholds.

Approval of the Quantum Chemical VOM Adjusted

Standard

On April 3, 1995 (60 Fed. Reg. 16803), U.S. EPA

granted direct final approval of the SIP revision embodying

the adjusted standard allowed the Quantum Chemical

Corporation Morris facility in AS 92-14, effective June 2,

1995. The Quantum Chemical adjusted standard applies to

certain units in the low density polyethylene (LDPE), linear

low density polyethylene (LLDPE), and polypropylene

plants and six water cooling towers at the facility. The

plants produce polymers in high pressure reactors using

ethane, propane, and butane as feedstocks. During the

course of manufacture, unreacted feedstock becomes

entrained in the polymer resins under high pressure, and it is

later emitted in conveying air at exhaust points. The

adjusted standard established alternative emissions

limitations than those that would otherwise apply by

regulation to sources in the Chicago ozone nonattainment

area.

U.S. EPA stated that emissions from the cooling towers

were negligible at 3.4 tons per year. It observed that

federal new source regulations exempt vent streams whose

VOM concentration is below one-tenth of one percent by

weight, which is higher than the emissions allowed from

those sources under the adjusted standard. The total

emissions from the cooling towers and loading and

unloading facilities, which are the only emissions in the

plant that are not subject to a NSPS cutoff, are expected to

total less than 10 tons per year. U.S. EPA noted that

Quantum Chemical estimated the cost of control of the

emissions at $7,500 per year. In view of the cost of control

and the low amounts emitted, U.S. EPA agreed that plant

operations under the adjusted standard could be assumed as

reasonably available control technology (RACT).

FINAL ACTIONS

FINAL ACTIONS - March 2, 1995 SPECIAL BOARD MEETING

- March 2, 1995 SPECIAL BOARD MEETING

95-2

USA Waste Services, Inc. (Countryside

Landfill) v. IEPA - The Board granted

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. 493

April, 1995/Page

April, 1995/Page 9

voluntary withdrawal of this petition for a land

variance involving a Lake County facility.

95-53

Prairie Packaging, Inc. v. IEPA - The Board

granted voluntary withdrawal of this land

permit appeal involving a Cook County

facility.

95-66

Car Care Center v. IEPA - Upon receipt of an

Agency recommendation, the Board granted

this McHenry County gasoline dispensing

facility a 45-day extension of the previous

provisional variances granted in PCB 94-341

and PCB 95-18 from the air pollution control

regulations that require the installation and

operation of Stage II vapor recovery

equipment.

95-67

Illinois Petroleum Marketers Association v.

IEPA (Representing 62 facilities located in the

Chicago ozone nonattainment area) v. IEPA -

Upon receipt of an Agency recommendation,

the Board granted 62 gasoline dispensing

facilities located in Cook, DuPage, Kane,

Lake, McHenry, and Will Counties a 45-day

extension of the previous provisional variance

granted in PCB 94-366 from the air pollution

control regulations that require the installation

and operation of Stage II vapor recovery

equipment.

95-68

Oak Park and Madison 76 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 variances granted in

PCB 94-356 and PCB 95-33 from the air

pollution control regulations that require the

installation and operation of Stage II vapor

recovery equipment.

95-69

Runnfeldt & Belmont 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 variances granted in PCB 94-293

and PCB 95-9 from the air pollution control

regulations that require the installation and

operation of Stage II vapor recovery

equipment.

95-70

S&S Enterprises 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

variances granted in PCB 94-317 and PCB 95-

34 from the air pollution control regulations

that require the installation and operation of

Stage II vapor recovery equipment.

95-71

Ted's Mini Mart 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

variances granted in PCB 94-319 and PCB 95-

36 from the air pollution control regulations

that require the installation and operation of

Stage II vapor recovery equipment.

NEW CASES

NEW CASES - March 2, 1995 SPECIAL BOARD MEET

- March 2, 1995 SPECIAL BOARD MEETING

ING

95-63

Union Oil Company of California, d/b/a

Unocal Corporation v. IEPA - The Board held

this petition on behalf of a Will County facility

for a variance from certain of the particulate

matter emissions standards of the air pollution

control regulations.

95-64

People of the State of Illinois v. Donald

Pointer, Mitchell Holder, and Whiteway

Sanitation, Inc. (Pointer Landfill) - The Board

accepted this land enforcement action against a

Jersey facility for hearing.

95-65

People of the State of Illinois v. Everett Allen,

d/b/a Allen Waste Management, Everett

Allen, d/b/a Perry County Landfill, Everett

Allen, Inc. - The Board accepted this land

enforcement action against a Perry facility for

hearing.

95-66

Car Care Center v. IEPA -

See Final Actions.

95-67

Illinois Petroleum Marketers Association v.

IEPA (Representing 62 facilities located in the

Chicago ozone nonattainment area) v. IEPA -

See Final Actions.

95-68

Oak Park and Madison 76 v. IEPA -

See Final

Actions.

95-69

Runnfeldt & Belmont v. IEPA -

See Final

Actions.

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10/ April, 1995

/ April, 1995

Environmental Register No. 493

95-70

S&S Enterprises v. IEPA -

See Final Actions.

95-71

Ted's Mini Mart v. IEPA -

See Final Actions.

95-72

Burwell Oil Services, Inc., d/b/a Total G. B.

Oil v. IEPA - The Board accepted this

underground storage tank fund reimbursement

determination appeal involving a Tazewell

County facility for hearing.

95-73

Dennis Manarchy, Mary Beth Manarchy,

Chris Mandoline, Beverly Kagy-Mandoline,

Surrounding Neighbors v. The Gotham

Nightclub, JJJ & Associates, Inc. - The Board

held this citizen's noise enforcement action

against a Cook County facility for a frivolous

and duplicitous determination.

AC 95-8

Sangamon County v. ESG Watts, Inc. - The

Board accepted an appeal of this

administrative citation against a Sangamon

County respondent.

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

304 for Suspended Solids, 5-Day Biological

Oxygen Demand (BOD

), and Ammonia

Nitrogen - The Board held this petition for an

adjusted standard from certain suspended

solids, biochemical oxygen demand, and

ammonia nitrogen effluent standards of the

water pollution control regulations.

FINAL ACTIONS

FINAL ACTIONS - March 9, 1995 SPECIAL BOARD MEETING

- March 9, 1995 SPECIAL BOARD MEETING

94-384

The Amoco Oil Company and the City of

Wood River v. IEPA - On motion of the

petitioner and upon receipt of an Agency

recommendation, the Board granted modifica-

tion of the 30-day provisional variance from

the biochemical oxygen demand (CBOD

) and

suspended solids (TSS) effluent requirements

of the water pollution control regulations

granted this Madison County facility on

December 16, 1994.

95-79

Phillips 66 v. IEPA - Upon receipt of an

Agency recommendation, the Board granted

this DuPage 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.

95-80

Alden Quick Mart v. IEPA - Upon receipt of

an Agency recommendation, the Board

granted this McHenry County gasoline

dispensing facility a 45-day extension of the

previous provisional variances granted in PCB

94-365 and PCB 95-14 from the air pollution

control regulations that require the installation

and operation of Stage II vapor recovery

equipment.

95-81

Leo's Union 76 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 94-336 from the air

pollution control regulations that require the

installation and operation of Stage II vapor

recovery equipment.

95-82

Go For It 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

variances granted in PCB 94-358 and PCB 95-

24 from the air pollution control regulations

that require the installation and operation of

Stage II vapor recovery equipment.

95-83

Berkley Auto Service 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 variances granted in PCB 94-363

and PCB 95-17 from the air pollution control

regulations that require the installation and

operation of Stage II vapor recovery

equipment.

95-84

Denny's Standard Service 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 variances granted in PCB

94-354 and PCB 95-20 from the air pollution

control regulations that require the installation

and operation of Stage II vapor recovery

equipment.

95-85

Pettice Auto Electric v. IEPA - Upon receipt

Environmental Register No. 493

April, 1995/Page

April, 1995/Page 11

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 94-355

from the air pollution control regulations that

require the installation and operation of Stage

II vapor recovery equipment.

95-86

Shell Oil Company v. IEPA - Upon receipt of

an Agency recommendation, the Board

granted a 45-day extension of the previous

provisional variances granted in PCB 94-319

and PCB 95-35, for three of Shell Oil's

gasoline dispensing facilities located in Cook

County, from the air pollution control

regulations that require the installation and

operation of Stage II vapor recovery

equipment.

95-87

The UNO-VEN Company v. IEPA - Upon

receipt of an Agency recommendation, the

Board granted UNO-VEN Company a 45-day

provisional variance for its Will County

facility from the effluent cyanide limitation

requirements of the water pollution control

regulations, subject to conditions.

NEW CASES

NEW CASES - March 9, 1995 SPECIAL BOARD MEET

- March 9, 1995 SPECIAL BOARD MEETING

ING

94-371

City of Elgin v. IEPA - The Board accepted a

supplement to this petition for a water well

setback exception for a Kane and Cook

County facility and accepted this matter for

hearing.

95-63

Union Oil Company of California, d/b/a

Unocal - The Board ordered this Will County

facility to file a supplemental petition for a

variance from certain of the particulate matter

emissions standards of the air pollution control

regulations.

95-74

Kalo Gasoline Company v. IEPA - The Board,

on its own motion, consolidated this

underground storage tank appeal involving a

Cook County facility with PCB 95-41 and

accepted it for hearing.

95-75

Medical Disposal Services, Inc. (Harvey Site)

v. IEPA - The Board granted consolidation

with PCB 95-76 and accepted this air permit

appeal involving a Cook County facility for

hearing.

95-76

Medical Disposal Services, Inc. (Harvey Site)

v. IEPA -The Board granted consolidation

with PCB 95-75 and accepted this medical

waste permit appeal involving a Cook County

facility for hearing. Consolidated with PCB

95-75.

95-77

Keith Tiberend v. Waste Management of

Illinois, Inc. and the Village of Marissa - The

Board accepted this third party appeal of local

siting approval for a proposed St. Clair

County regional pollution control facility

(recycling and disposal facility) for hearing

and requested an amended petition.

95-78

Vogue Tyre & Rubber Company v. Office of

the State Fire Marshal - The Board accepted

this underground storage tank fund

reimbursement determination appeal involving

a Cook County facility for hearing.

95-79

Phillips 66 v. IEPA -

See Final Actions.

95-80

Alden Quick Mart v. IEPA -

See Final

Actions.

95-81

Leo's Union 76 v. IEPA -

See Final Actions.

95-82

Go For It v. IEPA -

See Final Actions.

95-83

Berkley Auto Service v. IEPA -

See Final

Actions.

95-84

Denny's Standard Service v. IEPA -

See Final

Actions.

95-85

Pettice Auto Electric v. IEPA -

See Final

Actions.

95-86

Shell Oil Company v. IEPA -

See Final

Actions.

95-87

The UNO-VEN Company v. IEPA -

See

Final Actions.

AC 95-11

IEPA v. Gordon McCann and Larson

Foundation - The Board accepted an appeal of

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12/ April, 1995

/ April, 1995

Environmental Register No. 493

this administrative citation against Logan

County respondents.

AC 95-18

Sangamon County v. ESG Watts, Inc. - The

Board received an administrative citation

against a Sangamon County facility.

AC 95-19

County of Will v. CDT Landfill - The Board

received an administrative citation against a

Will County facility.

AS 94-18

In the Matter of: Petition of Central Can

Company for an Adjusted Standard From 35

Ill. Adm. Code Part 218 - The Board accepted

an amended petition filed on behalf of a Cook

County facility for an adjusted standard from

certain of the volatile organic material

emissions limitations of the air pollution

control regulations for hearing.

AS 95-1

In the Matter of: Petition of Tommy House

Tire Company, Inc. for an Adjusted Standard

from 35 Ill. Adm. Code 848.202(b)(1)(2) and

(b)(5) - The Board requested that this Macon

County retreading facility file an amended

petition for an adjusted standard from certain

of the used and waste tire building separation

and 14-day storage limitation requirements of

the land pollution control regulations.

FINAL ACTIONS

FINAL ACTIONS - March 16, 1995 BOARD MEETING

- March 16, 1995 BOARD MEETING

93-150

Robert Miehle v. Chicago Bridge and Iron

Company - The Boardaccepted a settlement

agreement, ordered the parties to effectuate

their agreement, and dismissed this under-

ground storage tank enforcement action

against a Cook County facility.

94-224

Stickney-Forest View Public Library District

v. Office of the Fire Marshal - The Board

granted summary judgment and affirmed the

OSFM's determination that this Cook County

facility was ineligible for reimbursement in

this underground storage tank fund

reimbursement determination appeal.

94-327

Certified Performer, Inc. d/b/a Keith's Union

76 v. IEPA - The Board granted this Kendall

County facility a 17-month variance, subject to

conditions, from the requirement of the air

pollution control regulations that it install and

operate Stage II gasoline vapor recovery

equipment.

94-328

W.R. Grace & Co. - Conn. v. IEPA - The

Board granted this Cook County facility a 12-

month variance, subject to conditions, from

the volatile organic material emission

limitations of the air control regulations.

94-372

Monee/Monee Auto Body-Wes Kochel v.

IEPA - The Board granted voluntary with-

drawal of this underground storage tank fund

reimbursement determination appeal involving

a Will County facility.

94-380

The Southland Corporation (Palatine and

Wilmette Facilities) v. IEPA - The Board

granted one Cook County facility a three-and-

a-half month a variance, and another a five-

month variance, subject to conditions, from

the requirement of the air pollution control

regulations that they install and operate Stage

II gasoline vapor recovery equipment.

95-4

City of Paris, Illinois v. IEPA - The Board

granted this Edgar County public water supply

a variance, subject to conditions, from the

standards for issuance and restrict status

requirements of the public water supplies

regulations until January 1, 1996, as they

relate to the standard for Atrazine. Board

Member J. Theodore Meyer dissented.

95-92

Alamo Rent-A-Car, 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 variances granted in PCB

94-353 and PCB 95-13 from the air pollution

control regulations that require the installation

Environmental Register No. 493

April, 1995/Page

April, 1995/Page 13

and operation of Stage II vapor recovery

equipment.

95-93

Marcley's v. IEPA - Upon receipt of an

Agency recommendation, the Board granted

this Kane County gasoline dispensing facility a

45-day extension of the previous provisional

variances granted in PCB 94-357 and PCB 95-

30 from the air pollution control regulations

that require the installation and operation of

Stage II vapor recovery equipment.

95-94

Tahoe Mobil, 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 variances granted in PCB 94-304

and PCB 95-7 from the air pollution control

regulations that require the installation and

operation of Stage II vapor recovery

equipment.

95-95

Clark Refining and Marketing v. IEPA - Upon

receipt of an Agency recommendation, the

Board granted 36 Cook, DuPage, Kane, Lake,

McHenry, and Will County facilities a 45-day

extension of the previous provisional variances

granted in PCB 94-350 and PCB 95-19 from

the air pollution control regulations that

require the installation and operation of Stage

II vapor recovery equipment.

95-96

Kean Oil Company v. IEPA - Upon receipt of

an Agency recommendation, the Board

granted five Cook, DuPage, and McHenry

County facilities a 43-day extension of the

previous provisional variance granted in PCB

95-29 from the air pollution control

regulations that require the installation and

operation of Stage II vapor recovery

equipment.

95-101

American Nickeloid Company v. IEPA -

Upon receipt of an Agency recommendation,

the Board granted this LaSalle County facility

a 19-day provisional variance from the ninety

90-day limitation on the accumulation of

hazardous wastes.

AC 95-9

IEPA v. Robert L. Buck, Marie M. Buck, and

Darrell Buck - The Board entered a default

order, finding that the Greene County

respondents had violated Section 21(p)(1) of

the Act and ordering them to pay a civil

penalty of $500.00.

AC 95-10

IEPA v. William Kenney - The Board entered

a default order, finding that the Cook County

respondent had violated Section 21(p)(1) of the

Act and ordering it to pay a civil penalty of

$500.00.

AC 95-12

IEPA v. Joe Perry - The Board entered a

default order, finding that the Cook County

respondent had violated Section 21(p)(1) of the

Act and ordering it to pay a civil penalty of

$500.00.

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 Demond (BOD-

), and

Ammonia Nitrogen - Finding that the Massac

County petitioner had not complied with the

notice publication requirements, the Board

dismissed this petition for adjusted standard

relief from the suspended solids, biochemical

oxygen demand, and ammonia nitrogen

effluent standards of the water pollution

control regulations.

Page

Page 14

14/ April, 1995

/ April, 1995

Environmental Register No. 493

NEW CASES

NEW CASES - March 16, 1995 BOARD MEET

- March 16, 1995 BOARD MEETING

ING

95-73

Dennis Manarchy, Mary Beth Manarchy,

Chris Mandoline, Beverly Kagy-Mandoline,

Surrounding Neighbors v. The Gotham

Nightclub, JJJ & Associates, Inc. - The Board

accepted this citizens' noise enforcement

action against a Cook County facility for

hearing.

95-88

Field Container Company, L.P. Elk Grove

Facility v. IEPA - The Board accepted this air

permit appeal involving a Cook County facility

for hearing.

95-89

Eugene W. Graham (Libertyville Citgo) v.

IEPA - The Board accepted this underground

storage tank fund reimbursement

determination appeal involving a Lake County

facility for hearing.

95-90

Minnesota Mining and Manufacturing

Company (Bedford Park Plant) v. IEPA - The

Board accepted this petition for a variance for

a Cook County facility from certain of the

coatings operations volatile organic emissions

requirements of the air pollution control

regulations for hearing.

95-91

People of the State of Illinois v. Bell Sports,

Inc., and Waste Hauling Landfill, Inc., and

Waste Hauling, Inc. - The Board accepted this

RCRA enforcement action against a Macon

facility for hearing.

95-92

Alamo Rent-A-Car, Inc. v. IEPA -

See Final

Actions.

95-93

Marcley's v. IEPA -

See Final Actions.

95-94

Tahoe Mobil, Inc. v. IEPA -

See Final

Actions.

95-95

Clark Refining and Marketing v. IEPA -

See

Final Actions.

95-96

Kean Oil Company v. IEPA -

See Final

Actions.

95-97

Town & Country Gas & Food Mart, Inc. v.

IEPA - he Board accepted this petition for

variance for this Cook County facility from

the requirements of the air pollution control

regulations for installation and operation of

Stage II gasoline vapor recovery equipment

for hearing.

95-98

BTL Specialty Resins Corporation v. IEPA -

The Board accepted this petition for a variance

for a Cook County facility from the hazardous

waste management requirements of the RCRA

regulations or, in the alternative, for a

declaration that the requirements do not apply

for hearing.

95-99

DRG Medical Packaging, Inc. v. IEPA - The

Board accepted this petition for a variance for

a Lake County facility from the printing and

publishing volatile organic material emissions

requirements of the air pollution control

regulations for hearing.

95-100

C&S Recycling, Inc. v. IEPA - The Board,

having received a request for a 90-day

extension of time to file a permit appeal

pursuant to P.A. 88-690, reserved this docket

for any appeal of the land permit denial for

this planned Cook County waste transfer

station.

95-101

American Nickeloid Company v. IEPA -

See

Final Actions.

95-102

Shell Oil Company v. IEPA - The Board held

this petition for a variance for numerous Cook

facilities from the requirements of the air

pollution control regulations for the installation

and operation of Stage II gasoline vapor

recovery equipment.

95-103

Polyfoam Packers Corporation v. IEPA - The

Board accepted this petition for a variance for

Environmental Register No. 493

April, 1995/Page

April, 1995/Page 15

a Cook County facility from the volatile

organic material other emission units

emissions and recordskeeping and reporting

requirements of the air pollution control

regulations for hearing.

AC 95-15

County of Will v. CDT Landfill - The Board

accepted an appeal of this administrative

citation against a Will County respondent.

AC 95-20

County of Jackson v. Greg Burris,

individually, d/b/a Burris Disposal Service -

The Board received an administrative citation

against a Jackson County facility.

AS 94-20

In the Matter of: The Galesburg Sanitary

District Petition for an Adjusted Standard

From 35 Ill. Adm. Code 304.105 - The Board

accepted a petition for an adjusted standard

from the prohibition against violating the

stream water quality standard, as it applies to

this Knox County facility's ammonia nitrogen

discharges to Cedar Creek for hearing.

AS 95-2

In the Matter of: The Joint Petition of EPA

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

), and Ammonia

Nitrogen -

See Final Actions.

R95-11

In the Matter of: Special Waste Hauling

Vehicle Numbers: Amendment to 35 Ill.

Adm. Code 809.401 -

See Rulemaking

Update.

FINAL ACTIONS

FINAL ACTIONS - March 23, 1995 SPECIAL BOARD MEETING

- March 23, 1995 SPECIAL BOARD MEETING

94-131

Daubs Landfill, Inc., d/b/a Wayne County

Regional Landfill, a subsidiary of Mid-

American Waste Systems, Inc. v. County

Board of Wayne County, Illinois - The Board

interpreted a joint stipulation and motion to

dismiss as a motion to withdraw and granted

withdrawal of this regional pollution control

facility siting appeal involving a proposed

Wayne County landfill.

94-255

Marion Pepsi Cola v. EPA - The Board

interpreted a motion to dismiss as a motion to

withdraw and granted withdrawal of this

reimbursement determination appeal involving

a Williamson County facility for hearing.

94-279

Inspiration Development Company v. EPA -

The Board granted voluntary withdrawal of

this petition for a variance for a Jo Daviess

County facility from certain of the water

pollution control regulations for the Agency's

recommendation.

AC 94-100County of Macon v. Macon County Landfill -

The Board granted voluntary withdrawal of

the petition for review and entered a default

order, finding that the Macon County

respondent had violated Section 21(o)(5) of the

Act and ordering it to pay a civil penalty of

$500.00.

AC 95-14

IEPA v. Ken Lomax and Ken Lomax

Page

Page 16

16/ April, 1995

/ April, 1995

Environmental Register No. 493

Enterprises - The Board entered a default

order, finding that the Jefferson 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.

AC 95-17

Sangamon County v. The Illinois National

Bank of Springfield, n/k/a First America

Trust Company, an Illinois corporation, as

Trustee under the provisions of a Trust

Agreement dated January 19, 1990, and

known as Trust Number 894-6418-002; and

Ray Landers - The Board granted voluntary

dismissal of this administrative citation against

a Sangamon County facility.

NEW CASES

NEW CASES - March 23, 1995 SPECIAL BOARD MEET

- March 23, 1995 SPECIAL BOARD MEETING

ING

95-102

Shell Oil Company v. IEPA - The Board

accepted this petition for a variance for

numerous Cook facilities from the

requirements of the air pollution control

regulations for the installation and operation of

Stage II gasoline vapor recovery equipment

for hearing.

95-104

Glen Ellyn Storage Corporation v. IEPA - The

Board accepted this underground storage tank

fund reimbursement appeal involving a

DuPage County facility for hearing.

95-105

Saline County Landfill v. IEPA - The Board

held this request for a 90-day extension of time

to file a permit appeal pursuant to P.A.

88-690 involving a Saline County facility.

95-106

People of the State of Illinois v. Claude F.

Perry and Martha Perry - The Board accepted

this land enforcement (used and waste tires)

action against a St. Claire County facility for

hearing.

95-107

People of the State of Illinois v. American

Steel Container Corporation - The Board

accepted this air enforcement action against a

Cook facility for hearing.

AC 95-21

Sangamon County v. ESG Watts, Inc. - The

Board received an administrative citation

against a Sangamon County facility.

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.

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.

Environmental Register No. 493

April, 1995/Page

April, 1995/Page 17

April 13

10:30 a.m.

Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph

St., Conference Suite 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 County Courthouse,

County Board Room, 10th Floor, 18 North County Street, Waukegan.

April 19

10:00 a.m.

AC 94-92

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

Sangamon County v. Hart of Illinois, Inc. (Laomi/Hart of Illinois, Inc.) - Illinois

Pollution Control Board, Suite 402, 600 South Second Street, Springfield.

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

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,

Suite 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 4

10:30 a.m.

PCB 95-88

P-A, Air

Field Container Company, L.P. Elk Grove Facility v. EPA - James R. Thompson

Center, Suite 11-500, 100 West Randolph Street, 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.

Page

Page 18

18/ April, 1995

/ April, 1995

Environmental Register No. 493

May 8

8:30 a.m.

PCB 94-240

RCRA-E,

Citizens

International Union, United Automobile, Aerospace and Agricultural Implement

Workers of America and UAW Local 974; and Citizens for a Better Environment v.

Catepillar, Inc.; EPA, Party-in-Interest - Federal Building, Court Room 121, 100

Northeast Monroe, Peoria.

May 9

8:30 a.m.

PCB 94-240

RCRA-E,

Citizens

International Union, United Automobile, Aerospace and Agricultural Implement

Workers of America and UAW Local 974; and Citizens for a Better Environment v.

Catepillar, Inc.; EPA, Party-in-Interest - Federal Building, Court Room 121, 100

Northeast Monroe, Peoria.

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

8:30 a.m.

PCB 94-240

RCRA-E,

Citizens

International Union, United Automobile, Aerospace and Agricultural Implement

Workers of America and UAW Local 974; and Citizens for a Better Environment v.

Catepillar, Inc.; EPA, Party-in-Interest - Federal Building, Court Room 121, 100

Northeast Monroe, Peoria.

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 11

8:30 a.m.

PCB 94-240

RCRA-E,

Citizens

International Union, United Automobile, Aerospace and Agricultural Implement

Workers of America and UAW Local 974; and Citizens for a Better Environment v.

Catepillar, Inc.; EPA, Party-in-Interest - Federal Building, Court Room 121, 100

Northeast Monroe, Peoria.

May 15

10:00 a.m.

PCB 95-103

A-V

Polyfoam Packers Corporation v. EPA - James R. Thompson Center, Suite 11-500,

100 West Randolph Street, Chicago.

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.

May 19

10:00 a.m.

R 95-12

R, Air

In the Matter of: Clean Fuel Program, Proposed 35 Ill. Adm. Code 241 - James R.

Thompson Center, Room 9-040, 100 West Randolph Street, Chicago.

May 22

10:00 a.m.

PCB 95-73

N-E, Citizens

Dennis Manarchy, Mary Beth Manarchy, Chris Mandoline, Beverly Kagy-Madoline,

Surrounding Neighbors v. The Gotham Nightclub & JJJ Associates, Inc. - James R.

Thompson Center, Room 11-500, 100 West Randolph Street, Chicago.

May 25

1:00 p.m.

PCB 95-97

A-V

Town & Country Gas & Food Mart, Inc. v. EPA - James R. Thompson Center, Suite

11-500, 100 West Randolph Street, Chicago.

May 25

9:00 a.m.

PCB 95-102

A-V

Shell Oil Company v. EPA - James R. Thompson Center, Suite 11-500, 100 West

Randolph Street, Chicago.

May 26

9:00 a.m.

PCB 95-117

A-V

Kean Brothers, Inc. v. EPA - James R. Thompson Center, Suite 11-500, 100 West

Randolph Street, Chicago.

May 31

10:00 a.m.

PCB 94-312

UST-FRD

Spraylat Corporation v. EPA - James R. Thompson Center, Room 11-500, 100 West

Randolph Street, Chicago.

Environmental Register No. 493

April, 1995/Page

April, 1995/Page 19

May 31

10:00 a.m.

PCB 95-118

P-A, Mining

Jack Pease, d/b/a Glacier Lake Extraction v. EPA - McHenry County Government

Center, B170, 2200 North Seminary Avenue, Woodstock.

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.

June 2

11:00 a.m.

PCB 95-39

A-V

W.R. Grace & Co. - Conn, Grace Construction Products v. EPA - James R.

Thompson Center, Suite 11-500, 100 West Randolph Street, Chicago.

June 6

11:00 a.m.

PCB 95-111

A-V

Thomas Brown (Tom's Corner Facility v. EPA - Waukegan Public Library,

Auditorium, 128 North County Street, Waukegan.

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, Suite 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 16

10:00 a.m.

R 95-12

R, Air

In the Matter of: Clean Fuel Program, Proposed 35 Ill. Adm. Code 241 - James R.

Thompson Center, Room 9-040, 100 West Randolph Street, 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.

June 30

10:00 a.m.

R 95-12

R, Air

In the Matter of: Clean Fuel Program, Proposed 35 Ill. Adm. Code 241 - James R.

Thompson Center, Room 9-040, 100 West Randolph Street, Chicago.

Calendar Code

3d P

Third Party Action

A-CAdministrative Citation

A-E

Air Enforcement

A-SAdjusted Standard

A-V

Air Variance

CSOCombined Sewer Overflow Exception

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

Alternative Standards (35 ILL. ADM. CODE

302.211(f)))

SWH-E

Special Waste Hauling Enforcement

SWH-VSpecial Waste Hauling Variance

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 20

20/ April, 1995

/ April, 1995

Environmental Register No. 493

Illinois Environmental Protection Agency

Division of Public Water Supplies

Restricted Status List -- Public Water Supplies

The Restricted Status List was developed to give additional notification to officials of public water

supplies which are in violation of 35 Ill. Adm. Code, Subtitle F: Public Water Supplies, Chapter I or the

Illinois Environmental Protection Act.

The Restricted Status List will include all Public Water Supplies for which the Agency has information

indicating a violation of any of the following requirements: Finished water quality requirements of 35

Ill. Adm. Code, Part 604, Subparts B and C; maintenance of adequate pressure on all parts of the

distribution system under all conditions of demand; meeting raw water quantity requirements of 35 Ill. Adm.

Code 604.502; or maintenance of treatment facilities capable of providing water "assuredly adequate in

quantity" as required by Section 18 of the Illinois Environmental Protection Act.

A public water supply on the Restricted Status List will not be issued permits for water main extensions,

except for certain limited situations, or unless the supply has been granted a variance from the Illinois

Pollution Control Board for the violation, or from permit issuance requirements of Section 39 of the Act.

This list is continually being revised as new information becomes available, and therefore, specific

inquiries as to the status of any public water supply should be directed to the Division of Public Water

Supplies for final determination. This list reflects the status as of April 1, 1995.

Indicates public water supplies which have been added to the list since the previous publication.

Indicates actions are being taken by officials to bring the

public water supply into compliance.

RDS:sp/0046g/2

Illinois Environmental Protection Agency

Division of Public Water Supplies

Restricted Status List -- Public Water Supplies

April, 1995

POP.

LISTING

NAME OF PUBLIC WATER SUPPLY/COUNTY/FACILITY NO.

RGN

NATURE OF PROBLEM

SERVED

DATE

Altamont ( Effingham Co. - 0170050)

Trihalomethane

2,400

06/15/92

Arenzville (Cass Co. - 0170050)

Nitrate

400

03/20/81

Ashley (Washington Co. - 1890100)

Trihalomethane

825

06/15/92

Bardolph (McDonough - 1090050)

Trihalomethane

299

03/15/95

Bellwood (Cook Co. - 0310150)

Radium

20,000

12/14/90

Benld (Macoupin Co. - 1170050)

Trihalomethane

2,174

06/16/94

Biggsville (Henderson Co.

- 0710050)

Radium & Radiological

400

03/17/86

Blue Mound (Macon Co. - 1150100)

Nitrate

1,165

03/15/95

Bond Co. - Royal Lake Wtr Dstrct (0055100)

Trihalomethane

228

06/15/92

Bradford (Stark Co. - 1750050)

Radium

920

03/17/86

Brownstown ( Fayette Co. - 0510100)

Trihalomethane

820

06/15/92

Bryant (Fulton Co. - 0570200)

Radium & Radiological

310

03/15/95

Buckingham (Kankakee Co.

- 0910250)

Inadequate Pres. Tank

330

03/17/89

Bunder Hill ( Macoupin Co. - 1170100)

Trihalomethane

2,550

03/15/95

Bureau Co. - Bailey Sbdv (0115100)

Inadequate Pres. Tank

01/13/82

Byron (Ogle Co. - 1410100)

Radium

2,500

06/15/93

Campus (Livingston Co. - 1050050)

Inadequate Pres. Tank

230

03/20/81

Carroll Co. - Carroll Hts Utl Cmpny (0155200)

Inadequate Pres. Tank

03/20/81

Carroll Co. - Century Pines Apts (0150020)

Inadequate Pres. Tank

12/14/90

Carthage ( Hancock Co. - 0670250)

Atrazine

3,000

12/16/94

Cedar Point Wtr Cmpny (LaSalle Co. - 0995040)

Radium

800

03/17/86

Champaign Co. - D&R Apts (0190030)

Inadequate Pres Tank

09/16/93

Chandlerville (Cass Co. - 0170200)

Nitrate

7,800

03/17/86

Coalton (Montgomery Co. - 1350100)

Low System Pressure

325

03/20/81

Coffeen (Montgomery Co. - 1350150)

Trihalomethane

800

03/17/92

Concord (Morgan Co. - 1370100)

Nitrate

240

03/17/86

Cook Co. - Mission Brook Sndst (0315920)

Radium

3,200

03/14/91

Cook Co. - Orland Hills Sbdv (0317000)

Inadequate Pres. Tank

154

08/31/81

Cook Co. - Plum Creek Condos (0317080)

Radium

570

03/17/86

Coulterville (Randolph Co.

- 1570150)

Trihalomethane

1,100

06/15/92

Creal Springs (Williamson Co.

- 1990300)

Inadequate Treatment

1,020

09/15/89

Plant & Source

Crystal Clear Wtr Cmpny (McHenry Co. - 1115150)

Inadequate Pres. Tank

900

09/16/88

Cuba (Fulton Co. - 5070300)

Trihalomethane

1,440

03/15/95

DeKalb Co. - Buck Lake Ests Sbdv (0375100)

Inadequate Pres. Tank

200

09/14/84

DeKalb Co. - DeKalb Univ Dvl Corp (0375148)

Inadequate Pres. Tank

950

12/16/92

DePue (Bureau Co. - 0110300)

Radium

1,725

09/16/94

DeWitt Co. - DeWitt Cnty Nursing Home (0395129)

Inadequate Pres. Tank

06/17/83

Dorchester ( Macoupin Co. - 1170250)

Trihalomethane

531

06/16/94

Dover (Bureau Co. - 0110350)

Inadequate Pres. Tank

200

05/25/81

DuPage Co. - Belmont- Highwood PWD (0435180)

Trichloroethylene

498

09/16/93

DuPage Co. - Clarendon Wtr Cmpny (0435300)

Inadequate Pres. Tank

1,953

03/20/81

DuPage Co. - Ctzns Lombard Heights Dvn (0435700)

Inadequate Pres. Tank

980

12/17/82

DuPage Co. - Liberty Park Homeowners

Assn (0435600)

Inadequate Pres. Tank

1,092

09/17/92

DuPage Co. - Maple Hill Imprv Assn (0435800)

Inadequate Pres. Tank

234

08/31/81

DuPage Co. - Metro Util.-Liberty Ridge (0435650)

Inadequate Pres. Tank

2,510

03/15/94

DuPage Co. - Northside Peterson Wlfnd (0435866)

Inadequate Pres. Tank

12/15/89

Environmental Register No. 493

April, 1995/Page

April, 1995/Page 21

DuPage Co. - Northwest Belmont Imprv Assn (0435900)

Inadequate Pres. Tank

115

09/29/81

DuPage Co. - Pleasant Hill Cmnty Assn (0435980)

Inadequate Pres. Tank

180

03/17/89

DuPage Co. - Polo Drive & Saddle Rd

Sbdv (0437000)

Inadequate Pres. Tank

12/17/82

DuPage Co. - St Charles Cmsn Wlfnd 3 (0437040)

Inadequate Pres. Tank

12/15/89

DuPage Co. - South Burdette Wtr (0437320)

Inadequate Pres. Tank

06/16/89

DuPage Co. - York Center Coop (0437550)

Inadequate Pres. Tank

240

06/15/88

Eagerville ( Macoupin Co. - 1170300)

Trihalomethane

187

06/16/94

Ellis Grove (Randolph Co. - 1570200)

Trihalomethane

453

12/16/94

Fairview (Fulton Co. - 0570450)

Radiological, Radium &

03/20/81

Inadequate Pressure Tank

Fulton Co. - Dunfermline-St. David Wtr Cmsn (0575150) 5

Trihalomethane

850

03/15/95

Goreville (Johnson Co. - 0870200)

Inadequate Treatment

978

09/15/89

Plant & Source

Greene Co. - Mt. Gilead Shcrhm (0615129)

Inadequate Pres. Tank

09/16/83

Grundy Co. - Heatherfield Sbdv (0635150)

Inadequate Pres. Tank

09/17/82

Grundy Co. - Lisbon North Inc (0631000)

Inadequate Pres. Tank

09/14/90

Grundy Co. - Ridgecrest North Sbdv (0635250)

Inadequate Pres Tank

09/16/93

Henry (Marshall Co. - 1230050)

Nitrate

2,740

06/15/90

Henry Co. - Country Ests Sbdv (0735050)

Nitrate

250

06/15/90

Henry Co. - Hazelwood 1st Addn Well 2 (0735446)

Inadequate Pres. Tank

09/17/82

Henry Co. - Hazelwood 2nd Addn Well 2 (0735666)

Inadequate Pres. Tank

09/17/82

Henry Co. - Hazelwood 2nd Addn Well 3 (0735686)

Inadequate Pres. Tank

09/17/82

Henry Co. - Hazelwood West Sbdv (0735250)

Inadequate Pres. Tank

03/19/84

Henry Co. - Lake Lynwood Wtr Sys (0735330)

Inadequate Pres. Tank

08/31/81

Henry Co. - Lynn Cntr (0735100)

Inadequate Pres. Tank

147

03/15/95

Henry Co. - Ophiem PWS (0735150)

Inadequate Pres. Tank

150

06/18/82

Henry Co. - Osco Mutual Wtr Supply Cpy Inc (0735200)

Inadequate Pres. Tank

115

12/15/89

Hettick ( Macoupin Co. - 1170500)

Atrazine

250

03/15/95

Hillsboro (Montgomery Co. - 1350300)

Atrazine & Trihalomethane 7,249 12/16/94

Iroquois Co. - Spring Creek Campground II Inc. (0750030)

Inadequate Pres. Tank

12/16/91

Island Lake Wtr Cmpny (Lake Co. - 0975080)

Iron

2,250

06/15/90

JoDaviess Co. - Bahl Wtr/Pioneer Acres (0855200)

Inad. Pres. Storage

700

12/15/93

Kane Co. - Broadview Academy (0895149)

Radium

304

09/19/86

Kane Co. - Highland Sbdv (0895530)

Inadequate Pres. Tank

09/16/83

Kane Co. - Melrose Rental Apts (0895228)

Inadequate Pres. Tank

03/15/94

Kane Co. - Moecherville Sbdv (0895300)

Inadequate Pres. Tank

1,120

03/20/81

Kane Co. - Park View Wtr Corp (0895500)

Inadequate Pres. Tank

150

12/17/82

Kane Co. - Pleasant Village (0895228)

Inadequate Pres. Tank

N/A

06/18/82

Kane Co. - Silver Glen Ests (0890040)

Radium

06/15/93

Kane Co. - St Charles Skyline Swr-Wtr Cpy (0895030)

Inadequate Pres. Tank

1,300

09/19/86

Kane Co. - Wermes Sbdv (0895750)

Inadequate Pres. Tank

150

12/16/88

Kankakee Co. - Good Shepherd Manor (0915189)

Inadequate Pres. Tank

140

03/17/89

Kankakee Co. - Olivet Nazarene College (0915279)

Inadequate Pres. Tank

1,450

03/15/94

Kankakee Co. - Skyview Sbdv (0915526)

Inadequate Pres. Tank

09/14/84

Kendall Co. - Bonnie Lane

Wtr (0930010)

Inadequate Pres. Tank

09/16/93

Kendall Co. - Farm Colony (0935140)

Radium

03/17/86

Kendall Co. - Fox Lawn Utl Cmpny (0935150)

Radium

240

03/17/86

Kendall Co. - Metro Utl Valley Dvn (0935100)

Inadequate Pres. Tank

2,200

03/16/90

Kingston Mines (Peoria Co.

- 1430450)

Radium

350

03/17/86

Kincaid (Christian Co. - 0210250)

Trihalomethane

2,285

03/15/95

Kinsman ( Grundy Co. - 0630450)

Radium

150

03/17/86

Kirkwood (Warren Co. - 1870050)

Radium & Radiological

1,008

07/23/93

Ladd (Bureau Co. - 0110450)

Radium

1,350

10/04/85

Lake Co. - Acorn Acres Sbdv (0975020)

Inadequate Pres. Tank

250

12/16/83

Lake Co. - Bluff Lake Lodges,

Inc (0970240)

Inad. Pres. Storage

25,200

12/15/93

Lake Co. - Briarcrest Sbdv Hmownrs Assn (0971060)

Radium & Gross Alpha

120

12/16/92

Lake Co. - D L Well Owners Assn (0975380)

Inadequate Pres. Tank

125

03/18/83

Lake Co. - Echo Lake Block IV Water

Assn (0970130)

Inadequate Pres. Tank

06/15/88

Lake Co. - Echo Lake Wtr Sys Block 7 (0975820)

Inadequate Pres. Tank

09/16/83

Lake Co. - Elm Oak Mutual Wtr Sys (0975736)

Inadequate Pres. Tank

06/13/86

& Radium

Lake Co. - Forest Lake Addn (0975500)

Inadequate Pres. Tank

180

12/16/83

Lake Co. - Glenkirk Campus North (0977189)

Inadequate Pres. Tank

06/15/88

Lake Co. - Glenkirk Campus South (0977199)

Inadequate Pres. Tank

06/15/88

Lake Co. - Hawthorn Woods (0970450)

Inadequate Pres. Tank

800

03/15/95

Lake Co. - Highland Lake Sbdv (0975750)

Inadequate Pres. Tank

294

03/20/81

Lake Co. - Lakewood Wtr Sys (0975400)

Inadequate Pres. Tank

12/16/83

Lake Co. - Maple Hill Nursing Ctr (0971090)

Inadequate Pres. Tank

204

06/15/93

Lake Co. - Sturm Sbdv (0977010)

Inadequate Pres. Tank

03/16/84

Lake Co. - Summit H omeowners Assn (0975280)

Inadequate Pres. Tank

03/16/84

Lake Co. - Sylvan Lake 1st Sbdv (0977100)

Inadequate Pres. Tank

210

06/14/91

Lake Co. - Towner Sbdv (0977250)

Inadequate Pres. Tank

238

01/14/82

Lake Co. - Wadsworth Oaks Sbdv (0977320)

Radium

09/19/86

Lake Co. - West Shoreland Sbdv (0977050)

Inadequate Pres. Tank

220

06/14/91

Lake Co. - Wynstone Wtr Cmpny (0970080)

Radium

450

03/15/95

LaSalle Co. - Cedar Point Water Company (0995110)

Radiological

09/16/94

LaSalle Co. - Four Lakes Sbdv (0995110)

Radium

09/19/86

LaSalle Co. - Il Prairie Est Sbdv (0995300)

Radium

06/15/88

LaSalle Co. - Lynnwood Water Corp (0995336)

Inadequate Pres. Tank

114

03/18/83

LaSalle Co. - Woodsmoke Ranch Assn (0990030)

Inadeq. Pres. Tank & Radium

350 06/15/90

Little York (Warren Co. - 1870100)

Radium

356

12/16/91

Livingston Co. - Salem Childrens Hm (1055229)

Inadequate Pres. Tank

03/18/83

Logan Co. - Bartmann Health Care Center (1075169)

Inadequate Pres. Tank

12/16/83

London Mills - (Fulton County - 0574620)

Inadequate Pres. Tank

670

12/14/84

Page

Page 22

22/ April, 1995

/ April, 1995

Environmental Register No. 493

Lostant (LaSalle Co. - 0990450)

Radium & Radiological

550

03/17/86

Macoupin Co. - Palmyra-Modesto Wtr Cmsn (1175150)

Atrazine

1,140

03/15/95

Macoupin Co. - RR 1 - Il Wtr Assn (1175260)

Trihalomethane

06/15/92

Macoupin Co. - Spring Creek Water

Assn (1175450)

Trihalomethane

06/16/94

Macoupin Co. - Staunton Res. Rd Wtr Corp (1175250)

Trihalomethane

12/16/94

Mapleton (Peoria Co. - 1430500)

Radium

235

03/17/86

Marseilles (LaSalle Co. - 0990500)

Radium

4,811

03/15/95

McDonough Co. - Emmett Utl Inc (1095200)

Inadequate Pres. Tank

12/17/82

McHenry Co. - Community Srvc Corp (1115350)

Inadequate Pres. Tank

750

09/16/83

McHenry Co. - Deering Oaks Sbdv (1115200)

Inadequate Pres. Tank

12/17/82

McHenry Co. - Prairie Ridge Assn (1115730)

Inadequate Pres. Tank

140

03/16/90

McHenry Co. - Walk-Up-Woods Wtr Cmpny (1115800)

Inadequate Pres. Tank

763

12/17/82

McHenry Co. - Wonder Lake Water Company (

1115750)

Inadequate Pres. Tank

1,161

06/16/94

McLean Co. - Cropsey Cmnty Wtr (1135150)

Inadequate Pres. Tank

03/20/81

Media (Henderson Co. - 0710250)

Nitrate

150

03/17/86

Mercer Co. - M C L W Sys Inc (1315150)

Inadequate Source

100

03/20/81

Mercer Co. - Swedona Wtr Assn (1315200)

Inadequate Pres. Tank

100

06/15/90

Modesto ( Macoupin Co. - 1170600)

Atrazine

240

03/15/95

Monmouth (Warren Co. - 1870150)

Radium

9,500

12/15/93

Monroe Co. - Maple Leaf Ests Wtr Corp (1335100)

Inadequate P res. Tank

03/20/81

Mount Clare (Macoupin Co. - 1170650)

Trihalomethane

858

03/17/92

Mount Olive ( Macoupin Co. - 1170700)

Trihalomethane

2,380

09/16/94

Naplate (LaSalle Co. - 0990600)

Radium

581

03/17/86

Neponset (Bureau Co - 0110700)

Radium

640

09/14/90

New Boston (Mercer Co. - 1310250)

Nitrate

750

12/14/84

Norris (Fulton Co. - 0570750)

Trihalomethane

250

12/16/94

Oakland (Coles Co. - 0290300)

Trihalomethane

996

12/16/94

Odell (Livingston Co. - 1050550)

Radium

1,100

03/17/86

Ogle Co. - Lindenwood Wtr Assn (1415300)

Inadequate Pres. Tank

01/13/82

Palmyra ( Macoupin Co. - 1170800)

Atrazine

850

03/15/95

Panama (Bond Co. - 0054720)

Trihalomethane

380

06/16/94

Paris (Edgar Co. - 0450300)

Atrazine

8,990

09/16/94

Peoria Co. - Brookview Sbdv (1435100)

Nitrate

300

09/16/93

Peoria Co. - Edelstein Wtr Coop (1435150)

Radium & Radiological

115

06/13/86

Peoria Co. - Fahnstock Court Sbdv (1435200)

Inadequate Pres. Tank

05/25/81

Peoria Co. - Galena Knolls Sbdv (1435300)

Nitrate

180

06/15/88

Peoria Co. - Trivoli PWD (1435510)

Inadequate Pres. Tank

350

06/17/83

Peoria Co. - Vet's Place

Sbdv (1435650)

Inadequate Pres. Tank

12/16/94

Peoria Co. - Woodland Hts Ests Sbdv (1435760)

Inadequate Pres. Tank

245

03/20/81

Radom (Washington Co. - 1890450)

trihalomethane

174

12/16/94

Ransom (LaSalle Co. - 0990900)

Radium

450

03/17/86

Reddick (Kankakee Co. - 0914780)

Radium

208

09/16/93

Richview (Washington Co.

- 1890500)

Inadequate Pres. Tank

592

09/19/86

Rockdale (Will Co. - 1970850)

Radium

1,500

03/17/86

Rock Island Co. - Byron Hls Sbdv Well 6 (1617266)

Inadequate Pres. Tank

12/17/82

Rock Island Co. - Country Club Mnr Well 1 (1617286)

Inadequate Pres. Tank

01/14/82

Rock Island Co. - Croppers 2nd & 3rd Addn (1615200)

Inadequate Pres. Tank

12/16/83

Rock Island Co. - Eberts 2nd Addn (1615280)

Inadequate Pressure Tank

09/15/89

Rock Island Co. - Evergreen Vlg Sbdv (1615310)

Inadequate Pres. Tank

250

03/20/81

Rock Island Co. - Larson Court Rentals (1615728)

Inadequate Pres. Tank

01/14/82

Rock Island Co. - Lemon Street Well Cmpny (1615550)

Inadequate Pres. Tank

470

03/20/81

Rock Island Co. - Park Hill Ests Well 1 (1617806)

Inadequate Pres. Tank

06/18/82

Rock Island Co. - Rock Island Arsn (1615387)

Trihalomethane

9,000

06/15/92

Rock Island Co. - Silvis Heights Wtr Corp (1615750)

Inadequate Pres. Tank

1,680

03/20/82

Rock Island Co. - Suburban Heights Sbdv (1615800)

Inadequate Pres. Tank

114

12/16/83

Rock Island Co. - Tindalls 3rd & 6th Addns (1617376)

Inadequate Pres. Tank

06/18/82

Rock Island Co. - Turkey Hollow Well Corp (1615686)

Inadequate Pres. Tank

06/18/82

Rock Island Co. - WSCO Dvl-Ridgewood (1615670)

Inadequate Pres. Tank

475

03/20/81

Roseville (Warren Co. - 1870200)

Nitrate

1,254

03/17/89

Rosiclare ( Hardin Co. - 0690150)

Trihalomethane

1,791

09/17/92

Schram City (Montgomery Co. - 1350600)

Trihalomethane

690

06/16/94

Scottville RWC (Macoupin Co. - 1170010)

Atrazine

510

03/15/95

Shannon (Carroll Co. - 0150300)

Nitrate

887

03/15/94

Shipman ( Macoupin Co. - 1170950)

Trihalomethane

695

06/16/94

Sims (Wayne Co. - 1910400)

Atrazine

06/16/94

Sorento (Bond Co. - 0050300)

Atrazine

710

06/15/92

South Pekin (Tazewell Co. - 1790650)

Nitrate

1,400

06/15/93

South Wilmington ( Grundy Co. - 0630650)

Radium

750

03/15/93

Spring Valley (Bureau Co.

- 0111000)

Radium

5,850

09/17/92

St. Clair Co. - Save Site (1635289)

Trihalomethane

375

06/15/92

St. Peter ( Fayette Co. - 0510300)

Trihalomethane

807

06/15/92

Standard ( Putnam Co. -1550300)

Radium

280

09/16/91

Steeleville (Randolph Co.

- 1570650)

Radium

2,305

03/17/86

Stephenson Co. - Park Crest Wtr Cmpny (1775100)

Inadequate Pres. Tank

1,200

09/14/84

Table Grove (Fulton Co. - 0570900)

Radium & Radiological

500

03/20/81

Taylor Springs (Montgomery Co.

- 1350650)

Trihalomethane

671

03/17/92

Tazewell Co. - Beverly Mnr Cntrl Imp Assn (1795120)

Inadequate Pres. Tank

525

03/17/89

Tazewell Co. - Beverly Mnr-Grant (1795100)

Inadequate Pres. Tank

610

03/20/81

Tazewell Co. - Breezeway Sbdv (1795150)

Inadequate Pres. Tank

175

09/17/82

Tazewell Co. - Hickory Hls Sbdv Assn 1 (1795386)

Inadequate Pres. Tank

06/14/85

Tazewell Co. - Hickory Hls Sbdv Assn 2 (1795396)

Inadequate Pres. Tank

06/14/85

Tazewell Co. - Mayfair Sbdv (1795750)

Inadequate Pres. Tank

150

03/16/90

Tazewell Co. - Oakhaven Sbdv (1795760)

Inadequate Pres. Tank

05/25/81

Tazewell Co. - Prairie View Wtr Assn (1795900)

Inadequate Pres. Tank

03/20/81

Environmental Register No. 493

April, 1995/Page

April, 1995/Page 23

Union Co. - Lick Creek PWD (1815100)

Inadequate Treatment

816

09/15/89

Plant & Source

Vermilion Co. - North Fork Well Assn (1835186)

Inadequate Pres. Tank

06/17/83

Vernon (Marion Co. - 1210550)

Trihalomethane

207

09/16/94

Viola (Mercer Co. - 1310450)

Radium

1,144

09/17/92

Westfield (Clark Co. - 0230200)

Inadequate Water Source

700

06/15/93

White City ( Macoupin Co. - 1171150)

Trihalomethane

280

06/15/93

White Hall ( Greene Co. - 0610400)

Atrazine

2,950

06/15/93

Whiteside Co. - Lakeview Sbdv (1955150)

Inadequate Pres. Tank &

146

03/20/81

Nitrate

Will Co. - Bel-Air Sbdv (1975130)

Inadequate Pres. Tank

08/04/81

Will Co. - Clearview Sbdv (1975360)

Inadequate Pres. Tank

420

01/13/82

Will Co. - Dixie Dells (1977850)

Inadequate Pres. Tank

550

09/17/82

Will Co. - East Moreland Wtr Assn (1975600)

Inadequate Pres. Tank

753

03/20/81

Will Co. - Fair Acres Sbdv (1975680)

Inadequate Pres. Tank

185

10/19/81

Will Co. - Garden Street Imprv Assn (1975376)

Inadequate P res. Tank

09/15/89

Will Co. - Greenfield Cmnty Well Cmpny (1975760)

Inadequate Pres. Tank

12/16/83

Will Co. - Hillview Sbdv (1975800)

Inadequate Pres. Tank

03/15/85

Will Co. - Huntley Cmnty Sbdv (1975840)

Inadequate Pres. Tank

03/16/84

Will Co. - Ingalls Park Sbdv (1975880)

Inadequate Pres. Tank

690

09/16/83

Will Co. - Lakewood Shores Imprv Assn (1975930)

Radium

03/17/86

Will Co. - Oakview Avenue Wtrwks Inc (1977210)

Inadequate Pres. Tank

350

03/20/81

Will Co. - Park Road Wtr Assn (1977330)

Inadequate Pres. Tank

12/17/82

Will Co. - Ridgewood Sbdv (1977650)

Inadequate Pres. Tank

315

06/18/82

Will Co. - Scribner Street Sbdv (1977660)

Inadequate Pres. Tank

03/18/83

Will Co. - Shawnita Trc Wtr Assn (1977690)

Inadequate Pres. Tank

125

09/17/92

Will Co. - Sunnyland Sbdv (1977730)

Inadequate Pres. Tank

350

09/16/83

Williamson (Madison Co. - 1191100)

Trihalomethane

350

06/15/92

Williamson Co. - Devils Kitchen Wtr Dst (1995160)

Inadequate Treatment Plt1,330

09/15/89

& Source & Trihalomethane

Williamson Co. - Lake of Egypt PWD (1995200)

Inadequate Treatment

7,743

09/15/89

Wilsonville ( Macoupin Co. - 1171200)

Trihalomethane

609

06/15/92

Winnebago Co. - Blue & Gold Homeowners

Assn (2015250) 1

Inad. Press. Tank &

170

06/17/83

Inad. Source of Supply

Winnebago Co. - Bradley Heights Sbdv (2015050)

Inadequate Pres. Tank

192

09/13/85

Winnebago Co. - Briar Garden Apts (2015190)

Inadequate Pres. Tank

12/17/82

Winnebago Co. - Cherry Vale East Apts (2015470)

Inadequate Pres. Tank

180

01/14/82

Winnebago Co. - Cherry View Apts (2015278)

Inadequate Pres. Tank

06/17/83

Winnebago Co. - Great Oaks & Beacon Hls Apts (2015488)

Inadequate Pres. Tank

943

12/17/82

Winnebago Co. - Kishwaukee -Kilbuck Assn (2010010)

Inadequate Pres. Tank

03/16/90

Winnebago Co. - Larchmont Sbdv (2015290)

Inadequate Pres. Tank

106

06/17/83

Winnebago Co. - Legend Lakes Wtr Assn (2015300)

Inadequate Pres. Tank

225

03/14/91

Winnebago Co. - The Mill (2010040)

Inadequate Pres. Tank

12/16/94

Woodford Co. - Oak Ridge Sndst (2035300)

Inadequate Pres. Tank

240

03/20/81

Woodland (Iroquois Co. - 0751000)

Nitrate

333

03/15/95

Yates City ( Knox Co. - 0950700)

Radium and Inadequate

900

03/20/81

Pressure Tank

Public Water Supplies Removed from Previous List

Dallas City ( Hancock Co. - 0674300)

Diamond ( Grundy Co. - 0630250)

Iroquois Co. - A Merkle-C Kniprath Home (0755389)

Lake Co. - Glenstone Sbdv (0970160)

Prairie City (McDonough Co.

- 1090400)

Raritan (Henderson Co. - 0710350)

Rock Island Co. - Tindalls Addn Wtr Sys (1617956)

Sycamore (DeKalb Co. - 0370550)

Wyoming (Stark Co. - 1750200)

DES:sp/0046g/5 -22

Illinois Environmental Protection Agency

Division of Public Water Supplies

Critical Review List -- Public Water Supplies

The Critical Review List was developed to give additional notification to officials of public water

supplies which may be close to being in violation of 35 Ill. Adm. Code, Subtitle F: Public Water Supplies,

Chapter I or the Illinois Environmental Protection Act.

A supply will be placed on the Critical Review List when Agency records indicate that it is approaching any

of the violations which would place it on the Restricted Status List.

This list is continually being revised as new information becomes available, and therefore, specific

inquiries as to the status of any public water supply should be directed to the Division of Public Water

Supplies for final determination. This list reflects the status as of April 1, 1995.

Indicates public water supplies which have been added to the list since the previous publication.

Indicates actions are being taken by officials to bring the public water supply into compliance.

RDS:sp/0046g/4

Page

Page 24

24/ April, 1995

/ April, 1995

Environmental Register No. 493

Illinois Environmental Protection Agency

Division of Public Water Supplies

Critical Review List -- Public Water Supplies

April, 1995

POP.

LISTING

NAME OF PUBLIC WATER SUPPLY/COUNTY/FACILITY NO.

RGN

NATURE OF PROBLEM SERVED

DATE

Baylis (Pike Co. - 1490100)

Source Capaci ty

300

09/13/85

Bluford (Jefferson Co. - 0810100)

Low System Pressure

465

03/20/81

Carlyle (Clinton Co. - 0270300)

Inadequate Treatment Plant

400

12/15/93

Caseyville (St. Clair Co.

- 1630250)

Low System Pressure

12,338

09/14/84

Clinton ( DeWitt Co. - 0390050)

Inadequate Plant Capacity

7,437 06/14/91

DePue (Bureau Co. - 0110300)

Inadequate Treatment Plant

1,93012/15/93

Dieterich ( Effingham Co. - 0490150)

Inadequate Source

568

03/15/94

DuPage Co. - Highland Hls Sndst (0435560)

Inadequate Pressure Tank 1,100

09/17/92

Edwardsville (Madison Co. - 1190250)

Inad. Treatment Plant

30,581

12/15/93

Evansville (Randolph Co.

- 1570250)

Plant Capacity

1,838

05/25/81

Georgetown (Vermilion Co.

- 1830350)

Inadequate Wtr Plant

3,678

06/15/93

Hardin (Calhoun Co. - 0130200)

Low System Pressure

1,175

11/25/81

Homer (Champaign Co. - 0190300)

Inadequate Source

1,300

03/15/94

Jackson Co. - South Highway PWD (0775400)

Low System Pressure

8,189

06/15/92

Kane Co. - Lake Marian Wtr Corp (0895200)

Low System Pressure &

800

09/14/84

Inadequate Pres. Storage

Kincaid (Christian Co. - 0210250)

Plant Capacity

2,640

06/14/85

Lewistown (Fulton Co. - 0570600)

Inadequate Source

2,700

06/15/88

Macon Co. - Long Creek Twsp (1155150)

Inadequate Plant Capacity

5,000 03/15/95

McHenry Co. - McHenry Shores Wtr Cmpny (1115020)

Low System Pressure

1,170

09/17/92

McHenry Co. - Whispering Hills Wtr Cmpny (1115700)

Low System Pressure

6,000

06/15/93

McHenry Co - Wonder Lake Wtr Cmpny (1115750)

Inadequate Storage

1,080

12/14/90

Millstadt (St. Clair Co.

- 1630850)

Low System Pressure

2,750

12/16/91

North Utica (LaSalle Co.

- 0990650)

Low System Pressure

3,943

03/18/84

Patoka (Marion Co. - 1210400)

Inadequate Treatment Plant

820

12/15/93

Pearl (Pike Co.1490650)

Inadequate Pres. Tank

322

09/17/82

Pecatonica (Winnebago Co.

-2010250)

Low System Pres.

1,830

06/15/90

Ramsey (Fayette Co. - 0510200)

Source Capacity &

1,350

09/13/85

Low System Pres.

Richland Co. - West Liberty Dundas Wtr Dist (1595050) 7

Low System Pres. &

693

12/14/84

Inadequate Source

Rock Island Co. - Tower Ridge

Sbdv (1615780)

Inadequate Pres. Tank

03/15/94

Stockton (Jo Daviess Co.

- 0850450)

Low System Pressure

1,900

06/15/84

Sumner (Lawrence Co. - 1010300)

Low System Pressure

1,553

12/13/85

Taylor Springs (Montgomery Co.

- 1350650)

Low System Pressure

650

02/20/81

Walnut Hill (Marion Co. - 1210600)

Low System Pressure

1,200

06/14/85

Will Co. - Metro Utl Chickasaw Dvn (1975320)

Low System Pressu re

7,700

09/17/92

Public Water Supplies Removed from Previous List

Camargo (Douglas Co. - 0410100)

Inadequate Treatment Plant

400

12/16/91

Environmental Register No. 493

April, 1995/Page

April, 1995/Page 25

Printed by Authority of the State of Illinois, April, 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.