Printed on Recycled Paper

E

NVIRONMENTAL

R

R

EGISTER

No. 494

Illinois Pollution Control Board News

May, 1995

RULE

RULEMAKING UPDATE

MAKING UPDATE

LOCATION OF WASTE MANAGEMENT FAC-

ILITIES IN 100-YEAR FLOODPLAINS INQUIRY

HEARING TO OCCUR IN JUNE, R94-34

The Board intends to conduct an initial inquiry

hearing in the matter of the location of solid waste

management facilities in 100-year floodplains in Col-

linsville on June 28, 1995. The hearing officer will

limit the scope of this first hearing to consideration of

the public health and environmental impacts of

locating hazardous and nonhazardous waste landfills in

the floodplains. Issues relating to the impacts of other

types of facilities, such as waste incinerators, surface

impoundments, transfer stations, and treatment plants,

are reserved for future hearings.

On December 14, 1994, the Board granted a motion

filed by the Illinois Environmental Protection Agency

(Agency) requesting that the Board hold inquiry

hearings on the current statutory and regulatory status

of landfills and other waste handling or treatment

facilities in relation to Illinois' floodplains and flood-

ways, and whether there is a public health or

environmental impact. Currently, hazardous and non-

hazardous landfills, in addition to surface

impoundments, incinerators, and waste transfer

stations, may be located within 100-year floodplains.

 

The Agency's motion for an inquiry hearing

referenced the document,

Floodplain Management:

Local Floodplain Administrator's Manual

, March

1993, Illinois Department of Transportation Division

of Water Resources, in which the Illinois Department

of Transportation stated that there is a higher risk of

damage to facilities and contamination to the

environment when a facility is located in the floodway

portion of a floodplain, as opposed to the flood fringe.

The Agency's request arises from concerns that

public health and the environment could be threatened

during a 100-year flood when there is flooding of

these type of facilities.

The Board authorized these inquiry hearings in

order to solicit and consider public comment from

private citizens, the regulated community, the various

environmental agencies, and local Illinois

communities, in order to obtain a clearer picture of the

current statutory and regulatory scheme governing

floodplain and floodway management and the location

of waste handling facilities within Illinois' 100-year

floodplains. The goal of these inquiry hearings is to

allow the Board, through the receipt of public

comment and testimony, to assemble an opinion and

order that provides an overview of the problem and

IN MAY AND JUNE

The Board has scheduled additional "process" meetings during May and June. These meetings will

occur May 25 and June 8, 22, and 29, 1995. At these process meetings, the Board will deal with routine

matters, such as accepting new cases, provisional variances, and routine motions. These newly-scheduled

process meetings are in addition to the previously-scheduled regular Board meetings of May 4 and 18 and

June 1 and 15.

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Environmental Register No. 494

Environmental Register No. 494

the status of public opinion and the law. The object is

to determine whether regulatory or statutory

amendment is appropriate.

In requesting the public inquiry hearings, the

Agency has requested that the comments or testimony

presented in these inquiry hearings provide

information on the following four questions:

∙

What type of facilities need to be regulated or

prohibited from location within the floodplain?

∙

Should the entire floodplain be regulated or just the

floodway?

∙

Should the 100-year floodplain be regulated or also

the 500-year floodplain?

∙

If the Board were to decide that facilities should be

regulated, or prohibited from location within the

floodplain, then should new regulations affect

currently permitted facilities or just new facilities

and expansions?

The Board has tentatively scheduled an initial public

hearing to occur as follows:

10:00 a.m., June 28, 1995

Illinois Department of Transportation

IDOT Classroom

1100 EastPort Plaza Drive

Collinsville.

The Board will limit the scope of the initial hearing

testimony will be limited to the specific issue of the

public health or environmental impact of the

hazardous and nonhazardous landfills being located in

Illinois' 100-year floodplains. The Board intends

future hearings on the issues of how other waste-

related facilities such as incinerators, surface

impoundments, waste treatment plants, and waste

transfer stations may impact public health and the

environment if located in the floodways.

The Board will give the Agency an opportunity to

share its experience in regulating and enforcing the

Illinois statutory and regulatory provisions governing

landfills located in the 100-year floodplains and its

opinion regarding public health and environmental

impact. The Agency will also offer testimony about

its experience with the Great Flood of 1993.

Persons interested in appearing on the notice list, in

participating in this proceeding, or in obtaining a copy

of the hearing officer order relating to the public

hearing should contact the hearing officer, Musette

Vogel, at 217-524-8509. The Board has requested

that the Agency file a synopsis of its intended

presentation in advance of the hearing, by June 14,

1995. Copies of the pre-filed testimony will be

available from Vicki VonLanken, at the Agency, 2200

Churchill Road, Springfield, 217-782-5544, when it is

available. Request copies of the Board order of

December 14, 1994 from Victoria Agyeman, at 312-

814-6924. Please refer to docket R94-34.

CLEAN-FUEL FLEET PROGRAM PROPOSAL

FILED AND PROPOSED FOR FIRST NOTICE,

R95-12

The Illinois EPA (Agency) filed a Section 28.5

"fast-track" rulemaking proposal on March 30, 1995

to establish clean-fuel fleet program requirements in

Illinois. The Board proposed the regulations for First

Notice publication in the Illinois Register on April 6,

1995. The public comment period will begin upon

publication and will continue for 45 days from that

date.

(Editor's note: The Secretary of State has

scheduled the Notice of Proposed Amendments to

appear in the May 12, 1995 issue of the

Illinois

Register

, so the APA public comment period will end

on June 26.)

The Agency stated in its rulemaking proposal that

these rules are necessitated by the federal Clean Air

Act Amendments of 1990 (CAAA). The CAAA

requires a reduction in ozone precursor emissions in

areas that are nonattainment for ozone. As part of the

federal requirements, states must adopt a clean-fuel

fleet program for areas that are federally-designated as

serious, severe, and extreme for ozone nonattainment.

The Chicago metropolitan area is designated as

severe, so a clean-fuel fleet program is required for

that part of the state. The program would require fleet

owners that acquire new motor vehicles to use a

specified minimum percentage of clean-fuel vehicles

(CFFVs), which meet low emissions requirements

established by U.S. EPA, as part of those fleets,

beginning with model year 1998.

The Board accepted the clean-fuel fleet program

rulemaking proposal pursuant to the "fast-track" rule-

making provisions of Section 28.5 of the

Environmental Protection Act (Act). Section 28.5

requires the Board to proceed within set time-frames

toward the adoption of the proposed amendments.

The Board lacks any discretion under the statute to

adjust these time-frames under any circumstances.

Under Section 28.5(o), the Board must have adopted

the regulations for Second Notice within 130 days on

receipt of the regulations from the Agency. Section

28.5(p) requires that the Board must adopt and file

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3

final rules based on the regulations within 21 days of

when it receives a Certificate of No Objection from

JCAR.

The statute requires the Board to schedule three

hearing dates, each for a prescribed purpose. The

first day of hearing is reserved for presentations by the

Agency and questions of Agency witnesses. The

second scheduled day of hearing, if it occurs, is

reserved for presentations by affected entities and all

other interested persons. The third scheduled day of

hearing, if it occurs, is reserved for any Agency

response and responses of other parties. The hearings

will be continued from day to day, as necessary, until

all business is completed. However, the second and

third hearing dates are subject to cancellation if the

level of public interest and participation so warrant.

The Board has scheduled hearings to occur at the

James R. Thompson Center, 100 West Randolph

Street, Room 9-040, Chicago, as follows:

10:00 a.m., Thursday, May 19, 1995

10:00 a.m., Friday, June 16, 1995

10:00 a.m., Friday, June 30, 1995

Direct questions on the clean-fuel fleet program

proposal to Chuck Feinen, at 312-814-3473. Request

copies of the First Notice opinion and order from

Victoria Agyeman, at 312-814-6920. Please refer to

docket R95-12.

PARTS IV, V & VI 15% ROP ADOPTED, R94-21,

R94-31 & R94-32

On April 20, 1995, the Board adopted three more

parts of the 15 percent rate of progress (ROP) plan.

These three parts, the Part IV Regulations, docket as

R94-21, the Part V ROP regulations, docketed as

R94-31, and the Part VI regulations, docketed as R94-

32, are segments of regulatory amendments

necessitated by the federal Clean Air Act Amendments

of 1990 (CAAA).

The CAAA requires a reduction in ozone precursor

emissions in areas designated as moderate or severe

nonattainment for ozone. In sum, all the seven 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 & 492, Mar.,

1995.)

The adoption of these three parts of the ROP plan

leaves only the Part VII segment, docketed as R94-33,

for further Board action. The Board had previously

completed three others of the seven 15% ROP

proceedings: R94-12, R94-16, and R94-16.

(Editor's

note: At the time this issue was assembled, the Part

VII 15% ROP Plan matter was adopted at the Board

meeting of May 4, 1995.)

The Board accepted each of the seven 15% ROP

plan rulemaking proposals pursuant to the "fast-track"

rulemaking provisions of Section 28.5 of the

Environmental Protection Act (Act). Section 28.5

requires the Board to proceed within set time-frames

toward the adoption of the proposed amendments.

The Board lacks any discretion under the statute to

adjust these time-frames under any circumstances.

Under Section 28.5(o), the Board must have adopted

the regulations for Second Notice within 130 days on

receipt of the regulations from the Agency. Section

28.5(p) requires that the Board must adopt and file

final rules based on the regulations within 21 days of

when it receives a Certificate of No Objection from

JCAR.

The three parts of the Illinois ROP plan that were

the subject of April adoption by the Board and their

procedural histories are described as follows:

Part IV 15% ROP Regulations, R94-21

The Part IV 15% ROP regulations, docketed as

R94-21, lower the allowable VOM content of coatings

for several categories of surface coaters: the can,

paper, coil, fabric, vinyl, metal furniture, baked large

appliance, and miscellaneous parts and products

coating categories. The Part IV regulations also

impose reductions in VOM emissions from sources in

the automotive/transportation and business machine

plastic parts coating categories that exceed specified

emissions levels. The regulations further make the

VOM emissions limits applicable to wood furniture

coating operations at a lowered threshold. The Part

IV regulations also require specified controls on

synthetic organic chemical manufacturing industry

(SOCMI) distillation and reactor processes and on

bakery industry ovens. Finally, the amendments make

a number of minor amendments and corrections to the

regulations, largely in response to comments

submitted by U.S. EPA and affected entities.

The Illinois EPA (Agency), in filing the proposal

that resulted in the Part IV amendments, contemplated

that the coatings operations amendments would reduce

VOM emissions by 10.16 tpd in the Chicago area and

by 0.39 tpd in the Metro-East area. It estimated that

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Environmental Register No. 494

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the automotive/transportation surface coating aspects

of the proposal would reduce VOM emissions by 0.28

tpd in the Chicago area, but it anticipated no

reductions in the Metro-East area. The Agency

anticipated no VOM reductions from either of the

wood furniture coating or the SOCMI amendments in

the Chicago or the Metro-East areas. Rather, the

Agency included the wood furniture coating controls

to avoid expected future increases in emissions and the

SOCMI amendments to incorporate a new federal

control technology guideline (CTG) as RACT. The

Agency expected a 0.98 tpd reduction in VOM

emissions in the Chicago area and no reduction in the

Metro-East area from the bakery oven amendments.

The Agency filed the Part IV 15% ROP proposal

on September 12, 1994. The Board proposed the

amendments for First Notice publication in the

Illinois

Register

on September 15, 1994. The Board

conducted public hearings on these amendments on

November 4 and December 2 and 16, 1994. On

January 26, 1995, the Board proposed the Part VI

15% ROP plan for Second Notice review by the Joint

Committee on Administrative Rules (JCAR), and

JCAR issued Certificates of No Objection relating to

the amendments on March 14, 1995. That freed the

Board to adopt the amendments. The amendments

will become effective when filed with the Secretary of

State.

(Editor's note: At the time this issue was

assembled, the Board was making final preparations

for filing the Parts IV, V, and VI 15% ROP

amendments together during the first week in May.)

Direct questions on the Part IV regulations to Marie

E. Tipsord, at 312-814-4925 or 618-498-9803. Please

refer to docket R94-21.

Part V 15% ROP Regulations, R94-31

The Part V regulations lower the allowable VOM

emissions from lithographic printing operations in the

Chicago and Metro-East areas. The Part V

regulations add definitions of non-heatset and sheet-

fed lithographic printing, as-applied foundation

solution, and alcohol. The regulations further

establish control measures for VOM emissions from

lithographic printers in the Chicago and Metro-East

areas. The Part V regulations also make minor

corrective amendments to the existing regulations.

The Agency, in filing the proposal that resulted in

the Part V amendments, contemplated that the Part V

amendments would affect about 113 facilities in the

Chicago area and one source in the Metro-East area.

It estimated that the Part V regulations would reduce

VOM emissions by 4.0 tpd in the Chicago area and by

minimal amounts in the Metro-East area.

The Agency filed the Part V regulations with the

Board on October 28, 1994, and the Board proposed it

for First Notice publication in the

Illinois Register

on

November 3, 1994. The Board conducted hearings on

these amendments in R94-31 on December 15, 1994

and January 9, 1995. The Notices of Proposed

Amendments appeared in the

Illinois Register

on

December 2, 1994, and the First Notice public

comment period ended on January 16, 1995. The

Board proposed the amendments for Second Notice

review by JCAR on February 23, 1995, and JCAR

issued Certificates of No Objection relating to the

amendments on March 14, 1995. That freed the

Board to adopt the amendments. The amendments

will become effective when filed with the Secretary of

State.

(See the editor's note under Part IV above.)

Direct questions on the Part V regulations to Kevin

Desharnais, at 312-814-6926. Please refer to docket

R94-31.

Part VI 15% ROP Regulations, R94-32

The Part VI regulations lower the allowable VOM

emissions from motor vehicle refinishing operations in

the Chicago and Metro-East areas. The Part VI

regulations impose limitations on the VOM content of

coatings and surface preparation materials, require the

use of specific coatings applicators and applicator

cleaning equipment, and provide a control equipment

alternative. The regulations further impose record-

keeping and reporting requirements on refinishers.

The Agency, in filing the proposal that resulted in

the Part IV amendments, contemplated that the Part

VI amendments would reduce VOM emissions by

16.3 tpd in the Chicago area. The Agency estimate of

reduction of VOM emissions in the Metro-East area

was 1.2 tpd.

The Agency filed the Part VI regulations on

October 28, 1995. On November 3, 1994, the Board

proposed the Part VI ROP amendments for First

Notice publication in the

Illinois Register

. Notices of

Proposed Amendments appeared in the December 9,

1994

Illinois Register

, starting the First Notice period.

The Board conducted one public hearing on these

amendments in R94-32 on December 16, 1994. The

First Notice public comment period ended on January

23, 1995. The Board proposed the amendments for

Second Notice review by JCAR on February 16,

1995, and JCAR issued Certificates of No Objection

relating to the amendments on March 14, 1995. That

freed the Board to adopt the amendments.

(See the

editor's note under Part IV above.)

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5

Direct questions on the Part VI regulations to Aud-

rey Lozuk, at 312-814-6923. Please refer to docket

R94-32.

Request copies of any of the Board's actions on

these amendments from Victoria Agyeman, at 312-

814-6920. Please refer to the appropriate docket

number.

SPECIAL WASTE VEHICLE NUMBER

HEARINGS TO OCCUR IN JUNE, R95-11

The Board will conduct two public hearing in R95-

11 in order to consider amending 35 Ill. Adm. Code

809.401. In this rulemaking the Board will gather

testimony and hear evidence relating to changing the

present requirment for marking the special waste

hauler identification number on transport vehicles.

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

consider amendment of the special waste hauler

requirements of the land pollution control regulations

and authorized two hearings in the matter.

(See issue

493, Apr., 1995.)

The proceeding is considering

replacing the existing requirement for marking

transport vehicles with a special waste hauler permit

number with a requirement that documentation

indicating the permit number accompany the vehicle.

A letter from the American Trucking Association

(ATA) prompted this proceeding. The letter raised

the issue of whether Section 809.401 of the special

waste hauling regulations may have been preempted

by the federal law, as interpreted by the U.S.

Department of Transportation. The ATA suggested

an amendment to Section 809.401 that was jointly

drafted with the Agency.

In this rulemaking, the ATA and the Agency will

present testimony in favor of amending Section

809.401 and have agreed to submit pre-filed

testimony. The pre-filed testimony will be available

after June 1, 1995 and can be obtained by contacting

the Clerk's office. Time permitting, any member of

the public may offer testimony, public comment or ask

questions of the ATA and Agency witnesses at the

June 7, 1995 hearing. Additionally, a public

comment period is available until July 15, 1995 for

any person interested in providing written comment.

The hearings are scheduled to take place aa follows:

10:00 a.m., June 7, 1995

J.R.Thompson Center, Room 9-40

100 West Randolph Street,

Chicago.

10:00 a.m., June 21, 1995

Illinois Pollution Control Board

600 South Second Street, Suite 402

Springfield.

Both hearings are subject to cancellation with prior

notice. Direct questions to Musette H. Vogel, at 217-

524-8509. Request copies of the Board's March 16,

1995 order authorizing the matter for hearing from

Victoria Agyeman, at 312-814-6920. Please refer to

docket R95-11.

BOARD GRANTS EXPEDITED

CONSIDERATION OF AMENDMENTS TO THE

DEFINITION OF VOM, R95-2

On April 20, 1995, the Board proposed

amendments, under docket number R95-2, to the

definition of volatile organic material (VOM) for the

purposes of the air pollution control regulations. The

identical-in-substance amendments respond to a U.S.

EPA amendment of its definition of volatile organic

compound, which is the basis for the Illinois definition

of VOM. The R95-2 docket includes this amendment

as the only federal amendment that occurred in the

update period July 1 through December 31, 1994.

The 45-day public comment period will begin when a

Notice of Proposed Amendments appears in the

Illinois Register

. After that time, the Board will be

free to immediately adopt the amendments.

(Editor's

note: The Notice of Proposed Amendments will

appear in the May 12, 1995

Illinois Register

, so the

public comment period will end on June 26, 1995.)

The proposed action follows the federal

amendments. On October 5, 1994, U.S. EPA added

one compound and a class of compounds to the list of

chemical species that are exempted from the definition

of VOM and, hence, are exempted from regulation for

control of ozone precursors. The single compound is

parachlorobenzotrifluoride (PCBTF), whose standard

International Union of Pure and Applied Chemistry

(IUPAC) name is

p

-chlorotrifluoromethylbenzene (or

alternative common name is

o

-chloro-

α

,

α

,

α

-trifluoro-

toluene). The class of compounds are cyclic,

branched, or linear completely-methylated siloxanes.

The effect of this federal 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, and states could no longer take credit

for their control as part of state implementation plans

(SIPs).

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Environmental Register No. 494

The Board granted an Agency request for expedited

consideration of the October 5 federal amendments on

March 16, 1995. Attached to the Agency request

were letters directed to the Agency from Occidental

Chemical Corporation and Dow Corning Corporation

requesting that Illinois amend the Illinois definition of

VOM to include the new exemptions.

(See issue 493,

Apr., 1995.)

The Board has scheduled one public

hearing on the proposed rules, as required by the

federal Clean Air Act, to occur as follows:

1:30 p.m., Wednesday, June 14, 1995

James R. Thompson Center, Suite 11-500

100 West Randolph Street

Chicago.

Direct questions to the hearing officer, 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.

APPELLATE UPDATE

APPELLATE UPDATE

SECOND DISTRICT HOLDS THAT THE

FAILURE TO ASSURE TIMELY DELIVERY OF

INDIVIDUAL NOTICE OF A PETITION FOR

LOCAL SITING APPROVAL DEPRIVED THE

COUNTY BOARD OF JURISDICTION TO

HEAR THE PETITION; INITIALLY RAISING IT

ON APPEAL TO THE PCB DID NOT WAIVE

THE ISSUE

An appellate court recently affirmed the Board's

reversal of local siting approval for a regional

pollution control facility. In

Ogle County Board v.

PCB

(2d Dist. Apr. 20, 1995), No. 2-94-0074, the

Second District held that the 14-day prior individual

written notice requirement of Section 39.2(b) of the

Act was a jurisdictional prerequisite to the county

board's authority to hear the application for approval.

The court also held that the challenger had standing to

challenge the siting approval and the fact that he did

not raise the issue of notice until after his appeal was

pending before the Board did not constitute a waiver

of that issue.

Browning-Ferris Industries of Illinois, Inc. (BFI)

sent individual written notices to certain required

individuals of its intent to file an application for local

siting approval of a landfill expansion with the Ogle

County Board (county board) by registered mail 17

days prior to the filing of its application. The post

office placed a notice slip pertaining to the attempt to

deliver one of those written notices in the local state

senator's post office box on the next day. The state

senator's agent signed for delivery of the written

notice 11 days before the filing of the petition. The

county board conducted proceedings on the application

and granted local siting approval.

The challenger appealed the county board decision

to the Pollution Control Board (Board). BFI asserted

that the challenger lacked standing to maintain the

appeal. At the public hearing before the Board, the

challenger first raised the issue of the county board's

lack of jurisdiction due to the defective individual

notice to the state senator. The Board vacated the

county board's grant of siting approval, in

Browning-

Ferris Industries of Illinois, Inc. v. Ogle County Board

(Oct. 7, 1993), PCB 93-114

(see issue 476, Nov. 3,

1993)

, holding that the challenger had standing to

appeal the county board's determination and that the

individual notice to the local state senator was

defective, so that the county board lacked jurisdiction

to grant the approval.

BFI appealed the Board's reversal to the Second

District appellate court. It raised the issue of the chal-

lenger's standing to appeal the county board's

decision. It also argued that the individual notice to

the state senator fulfilled the statutory requirements.

Finally, BFI asserted that the challenger had waived

any issue of defective individual notice by not raising

it earlier in the proceedings.

On the issue of standing to appeal the county

board's decision, the court examined the statutory

language of Section 40.1(b). It noted that the

requirement that the appellant be "affected by" the

local siting approval is the controlling language for

determining standing to appeal. The Second District

distinguished local siting appeals from other cases

where the appellant sought injunctive relief or

challenged the constitutionality of the underlying

statute and the court held that there was no standing.

(Citing

Stark v. PCB

(1st Dist. 1988), 177 Ill. App. 3d

293, 532 N.E.2d 293;

Village of Lake in the Hills v.

Laidlaw Waste Systems, Inc.

(2d Dist. 1986), 143 Ill.

App. 3d 285, 492 N.E.2d 969.)

The court looked to

the facts of the case to determine whether the

challenger had standing to appeal the county board's

decision: the challenger lived 10 miles from the

proposed facility, he was a director of a business

located 2½ miles from the site, his business dealt with

the farm that is presently located on the site of the

proposed facility, and the proposed facility could

cause an increase in the price of disposal of wastes

from the challenger's businesses. Based on these

facts, the court concluded that the challenger was so

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7

located as to be affected by the proposed facility for

the purposes of Section 40.1(b). Thus, the record

supported the Board's conclusion that the challenger

had standing to appeal the county board's siting

approval.

In analyzing whether the challenger had standing as

a third person to raise the specific issue of defective

individual notice to the state senator, the Second

District observed that an agency acts without

jurisdiction if it acts outside the scope of its statutory

authority. The court noted that "jurisdiction" has

three aspects in the context of administrative law:

personal jurisdiction, subject-matter jurisdiction, and

the scope of the agency's legislative authority. Noting

that the Act generally conferred subject-matter

jurisdiction on the county board for siting approval for

the siting of the regional pollution control facility, the

Second District stated that the siting applicant must

comply with the notice requirements of Section

39.2(b) before the county board has jurisdiction over

the particular case. Finding no reason to restrict the

case law relating to the published notice requirements

(citing

Concerned Boone Citizens, Inc. v. M.I.G.

Investments, Inc.

(2d Dist. 1986), 144 Ill. App. 3d

334, 494 N.E.2d 180;

Kane County Defenders, Inc.

v. PCB

(2d Dist. 1985), 139 Ill. App. 3d 588, 487

N.E.2d 748)

, the court held that a failure to comply

with the individual notice requirements produces the

same result: it deprives the county board of

jurisdiction to consider the application. Since an order

entered by an administrative agency that lacked the

authority to enter that order is void, the Second

District concluded that the challenger could not have

waived the issue of defective individual notice by

raising it late in the proceedings.

The Second District appellate court then considered

whether the individual notice to the state senator was

in fact defective. It noted that the Board had held that

the applicant must file the individual notices

sufficiently in advance so there is a reasonable

expectation of receipt 14 days prior to the filing of the

application. The court noted that the Illinois Supreme

Court held, in the context of a forcible entry and

detainer action, that certified mail is not considered

complete until received

(citing

Avdich v. Kleinert

(1977), 69 Ill. 2d 1, 370 N.E.2d 504)

. The Second

District found no reason to distinguish the situation of

an individual notice under Section 39.2(b) from

personal notice in the context of forcible entry and

detainer actions, and it held that "return receipt

requested" in Section 39.2(b) indicates a legislative

intent that delivery must be completed at least 14 days

prior to the filing of the application for siting

approval. Noting that there was no evidence that the

senator had avoided delivery of the notice, the court

concluded that the individual notice to the state senator

was defective because the senator's agent had signed

for its receipt fewer than 14 days before BFI filed the

petition.

Finally, observing again that the defective

individual notice deprived the county board of

jurisdiction to hear the landfill siting application, and

repeating that a challenge to defective notice could be

raised at any time, the Second District affirmed the

Board's determination on the final issue. The court

concluded that the Board did not abuse its discretion

and deny BFI fundamental fairness in its denial of

additional time and another hearing to address the

issue of defective notice.

Presiding Justice McLaren wrote a separate dissent.

He would have interpreted the 14-day requirement of

Section 39.2(b) as pertaining to mailing, rather than

receipt of the individual notice. He would have

further held that the failure to raise the issue of

defective individual notice at an earlier stage in the

proceedings constituted a waiver of the issue. Finally,

justice McLaren would have held that the senator was

constructively served when the notice was placed in

the mail, based on the language of Section 39.2(b).

FOR YOUR INFORMATION

BOARD ESTABLISHES NEW AGENDA

MANAGEMENT PROCEDURES

As part of an ongoing effort to streamline practice

before the Board, the Board has established new

agenda management procedures. In addition to

reorganizing the format of the Board Meeting Agenda,

and making stylistic changes, the Board has created a

new schedule of the agenda's availability to the public,

as well as new filing deadlines for items to appear on

the agenda.

The agenda is now available to the public after

10:30 a.m. each Tuesday preceding a scheduled Board

Meeting. Only cases or regulatory matters that are

filed prior to 4:30 on the Monday prior to the Board

Meeting will appear on the Agenda. If necessary, the

Board may make an addendum to the agenda available

to the public by 2:00 p.m. on the Wednesday prior a

Board Meeting Scheduled on Thursday. The

addendum will list any provisional variances or new

cases that are filed by noon on that Wednesday.

However, matters or motions filed after 4:30 p.m.

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Environmental Register No. 494

Monday will appear on the agenda only at the

discretion of the Board.

Importantly, because the agenda lists all filings that

the Board has received in that matter until it adopts an

order or takes other action, the agenda now

specifically states that the appearance of an item on the

agenda does not necessarily indicate that action will be

taken at that Board Meeting. The Board may hold an

item for Board action in the future.

RESTRICTED STATUS AND CRITICAL

REVIEW LISTS FOR SEWAGE TREATMENT

IN THIS ISSUE

The Illinois Environmental Protection Agency,

Division of Water Pollution Control, is publishing

copies of the Division's Restricted Status and Critical

Review lists at the end of this issue of the

Environmental Register. These lists reflect the status

as of March 31, 1995.

SIGNIFICANT RECENT FEDERAL ACTIONS

The Board continues its series of reports on recent

federal actions from the

Federal Register

that are of

interest to the Board and the regulated community.

Below are highlighted six such actions:

Delayed Effective Date for RCRA Subtitle D

Financial Assurance Requirements

On April 7, 1995 (60 Fed. Reg. 17649), U.S. EPA

delayed the effective date for the RCRA Subtitle D

municipal solid waste landfill financial assurance

requirements. The new effective date for 40 CFR

258, subpart G is April 7, 1997. The effective date

was formerly April 7, 1995 (or October 7, 1995 for

very small, remote landfills).

(Editor's note: As this

issue was prepared for printing, the Board adopted a

proposal for public comment at the meeting of May 4,

1995 under docket number R95-13 relating to this

Phase II NPDES Stormwater Discharge Permits

On April 7, 1995 (60 Fed. Reg. 17950), U.S. EPA

published a direct final rule to establish the permit

application process for Phase II NPDES stormwater

discharge permits. Phase II stormwater discharges

include all discharges that are exclusively stormwater

discharges that are not Phase I stormwater discharges.

The regulations divide the universe of Phase II storm-

water point source discharges into two tiers. The first

tier includes those Phase II discharges that the state

determines are either contributing to water quality

violations or significant pollutants to the stream.

These dischargers must apply for a permit within 180

days of notice by the state. All other Phase II

dischargers must apply within six years of the

effective date of August 2, 1995.

The Clean Water Act amendments of 1987 required

U.S. EPA to permit and regulate stormwater

discharges. However, it prohibited U.S. EPA from

demanding NPDES permit applications for stormwater

discharges until October 1, 1994, with enumerated

exceptions, known as Phase I discharges. Phase I

discharges, for which U.S. EPA was allowed to

demand a permit application, included the following:

(1) those permitted prior to February 4, 1987, (2)

discharges associated with industrial activity, (3)

discharges from separate large municipal stormwater

systems (serving a population of 250,000 or more),

(4) discharges from separate medium municipal

stormwater systems (serving a population from

100,000 to less than 250,000), and (5) discharges that

the permitting authority (U.S. EPA or the state) had

determined were either contributing to water quality

violations or significant pollutants to the stream.

Stormwater discharges excluded by statute from the

permitting requirements are stormwater runoff from

mining and oil and gas facilities if the discharge is not

contaminated with overburden, raw material, product,

byproduct, or waste on the site of the operations.

Excluded from the statutory definition of point source

(and, hence, from permitting) is agricultural runoff.

Under the statute, U.S. EPA was to have issued Phase

II NPDES regulations governing the excluded

discharges by October 1, 1993.

U.S. EPA stated that it intends to publish proposed

rules by September 1, 1997 to establish more detailed

Phase II NPDES rules, possibly imposing NPDES

discharge requirements, and to refine the Phase I

rules. It anticipates adoption of those rules by March

1, 1999. U.S. EPA stated that it was unprepared to

promulgate substantive regulations at this time because

a number of problems have been identified that will

require resolution before it finalizes NPDES storm-

water regulations. It said that it can resolve some of

the problems by regulation, but some resolutions will

require legislative action.

Acid Rain Permit Program

On April 11, 1995 (60 Fed. Reg. 18462), U.S.

EPA adopted a direct final rule amending the acid rain

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9

permit program. The amendments, effective May 22,

1995, revised the reduced utilization rules in response

to a settlement of several petitions for review. U.S.

EPA stated that the amendments reduce the

recordskeeping and reporting requirements for

utilities.

U.S. EPA promulgated the acid rain permit

program on January 11, 1993 (58 Fed. Reg. 3590).

Phase I of the program applied to older and more

polluting units; it began on January 1, 1995 and ends

December 31, 1999. Phase II applies to all power

generating units; it begins January 1, 2000. To avoid

utilities shifting production to Phase II units to save

Phase I allowances without any reduction in sulfur

dioxide (SO

2

) emissions, the CAA required

submission of a reduced utilization plan if the utility

intends to shift production to save Phase I allowances.

A Phase I unit is underutilized if its average fuel

consumption falls below the 1985 through 1987

average. The CAA provides that a utility must

compensate at the end of the year for emissions

resulting from underutilization.

The January 11, 1993 regulations imposed

requirements for submission of reduced utilization

plans and surrender of allowances for underutilization.

A plan was necessary if the underutilization was for

the purpose of complying with the SO

2

emissions

requirements; it was not if the underutilization was

incidental to utility operations. The April 11, 1995

amendments change this so that a plan is not needed if

the allowance surrender and reporting requirements

were met by the utility. They also clarified and

revised segments of the dispatch system and Phase I

unit apportionment, and emission rate calculation

provisions, which enter into the allowance surrender

calculations.

NO

x

Emissions Reduction Program

On April 13, 1995, U.S. EPA adopted a direct final

rule that reinstates amended nitrogen oxides (NO

x

)

emission limitations on coal-fired utility units. U.S.

EPA stated that it did this in response to a judicial

remand in

Alabama Power Co. v. EPA

, 40 F.3d 450

(D.C. Cir. 1994). The newly-issued regulations are

intended to cure the defects in the rules cited by that

court on appeal. The low NO

x

burner technology

definition was revised to comply with the decision.

U.S. EPA stated that it further amended the

compliance date for Phase I NO

x

emission limitations,

alternative emission limitation (AEL) provisions, and

NO

x

emissions averaging provisions. U.S. EPA

described the changes in the newly-issued regulations

as reducing the burdens of compliance, extending

compliance dates, and increasing compliance

flexibility.

U.S. EPA adopted the NO

x

emission limitations on

March 22, 1994 (59 Fed. Reg. 13538), using low NO

x

burner technology or an AEL for those units that

could not achieve the limitations using low NO

x

burner

technology. The

Alabama Power Co.

court vacated

the rule and remanded it to U.S. EPA, holding that

U.S. EPA had exceeded its statutory authority in

adopting the rule. On March 28, 1995, U.S. EPA

environmental groups, and utility representatives

entered into an agreement addressing the issues raised

by the March 22, 1994 rules and the November 29,

1994 judicial remand.

Results of the Third Annual EPA/CBOT SO

Emissions Allowances Auction

On April 24, 1995 (60 Fed. Reg. 20086), U.S.

EPA published the results of the March 27, 1995

sulfur dioxide (SO

2

) emissions allowances trading at

the Chicago Board of Trade (CBOT). The auction

sold spot (1995), 6-year (2001), and 7-year (2002)

allowances. The sales raised $22,835,296, which

U.S. EPA will turn over to the utilities from which it

withheld the allowances or which offered the

allowances.

The federal acid rain program provides for trading

in emission allowances to reduce the total amount of

acid rain-causing pollutants emitted, in this instance

SO

2

by coal-fired utilities. An allowance is a

transferable authorization to emit a quantity of the

pollutant of concern. U.S. EPA issued allowances to

certain existing utility facilities, and ultimately all

utilities will receive allowances and be required to use

them to emit SO

2

. In issuing the allowances, U.S.

EPA withheld 2.8 percent of them from the utilities.

It was that small withheld segment and those

contributed by utilities that were the subject of the

auction.

The results for the three categories of allowances at

auction were as follows:

CBOT received 89 bids for 255,371 1995

allowances. The auction sold 58,306 allowances

(50,000 withheld and 8,306 voluntarily contributed)

to 46 successful bidders for $6,676,386 in the spot

auction. The prices for 1995 allowances ranged

from $130.00 to $350.00.

CBOT received 24 bids for 70,286 2001

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/ May, 1995

Environmental Register No. 494

Environmental Register No. 494

allowances. The auction sold 25,400 allowances

(25,000 withheld and 400 contributed) to nine

bidders for $3,319,026. The prices ranged from

$128.00 to $160.00.

CBOT received 37 bids for 236,928 2002

allowances. The auction sold 100,400 allowances

(100,000 withheld and 400 contributed) to 17

bidders for $12,839,884. The prices ranged from

$126.00 to $160.00.

Federal Title V Permits

On April 27, 1995 (60 Fed. Reg. 20804), U.S.

EPA proposed rules for the issuance of federal Clean

Air Act Amendments (CAAA) Title V permits. The

proposed rules would establish the terms and

procedures for federal issuance of Title V permits.

Whereas U.S. EPA anticipates that the states will take

the primary role in issuing these permits. The

proposed rules would provide for those instances

when there is no authorized state permit program or

U.S. EPA determines the state program is not

adequately administered. U.S. EPA intends to issue

the permits under the rules to clarify applicable

requirements for the facility, to enhance understanding

of those requirements, and to enhance compliance.

updating the mailing list for the

Register

list is invited to join the approximately 1900

other members of the public who receive our

free monthly newslet

address Label on page 19 and let us know if you

wish to be added, or if applicable, deleted from

the list. If you know of someone who would

also like to receive his or her own copy of the

Environmental Register

address label form.

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 Sandy Wiley at

the Board Offices 312-814-3623.

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11

FINAL ACTIONS

FINAL ACTIONS - April 6, 1995 BOARD MEETING

- April 6, 1995 BOARD MEETING

94-387

Mr. "C" Food & Liquor, Inc. v. Office of

the State Fire Marshal - The Board

granted voluntary withdrawal of this

underground storage tank appeal

involving a Cook County facility.

95-6

Silver Glen Estates v. EPA - The Board

granted this Kane County facility a

variance from the standards for issuance

and restricted status provisions of the

public water supply regulations, as these

provisions relate to the standards for

combined radium and gross alpha particle

activity, subject to conditions.

95-120

City of Crystal Lake v. EPA - Upon

receipt of an Agency recommendation,

the Board granted this McHenry County

facility a 45-day provisional variance

from the barium effluent requirements of

the water pollution control regulations,

subject to conditions.

95-121

Illinois Power Company (Baldwin Power

Station) v. EPA - Upon receipt of an

Agency recommendation, the Board

granted this St. Clair and Randolph

County facility a 45-day provisional

variance from the total suspended solids

effluent requirements of the water

pollution control regulations, subject to

conditions.

95-123

Argonne National Laboratory - East v.

EPA - Upon receipt of an Agency

recommendation, the Board granted this

DuPage County facility a 45-day

provisional variance from the total

dissolved solids, copper, and ammonia-

nitrogen effluent requirements of the

water pollution control regulations,

subject to conditions.

AC 94-8

EPA v. Atkinson Landfill Company - The

Board entered a default order, finding that

the Henry County respondent had violated

Sections 21(o)(5), (o)(9), and (o)(12) of

the Act and ordering it to pay a civil

penalty of $1,500.00 and hearing costs in

the amount of $726.06.

AC 94-54

EPA v Envirite Corporation - The Board

granted voluntary withdrawal of the

petition for review and entered a default

order, finding that the Livingston County

respondent had violated Sections 21(o)(5)

and (o)(12) of the Act and ordering it to

pay a civil penalty of $1,000.00.

AC 94-96

EPA v. M.K. O'Hara Construction, Inc.,

Kenneth O'Hara and Madalyn O'Hara -

The Board found after hearing that the

Cass County respondents had violated

Section 21(p)(1) of the Act and ordered

the submission of costs prior to issuance

of a final order assessing a penalty.

(Consolidated with AC 94-97.)

AC 94-97

EPA v. M.K. O'Hara Construction, Inc.,

Kenneth O'Hara and Madalyn O'Hara -

The Board found after hearing that the

Cass County respondents had violated

Section 21(p)(1) of the Act and ordered

the submission of costs prior to issuance

of a final order assessing a penalty.

(Consolidated with AC 94-96.)

AC 95-13

EPA v. Staunton Fuel & Material, Inc. -

The Board entered a default order, finding

that the Macoupin County respondent had

violated Sections 21(o)(1) and 21(o)(3) of

the Act and ordering it to pay a civil

penalty of $1,000.00.

AS 94-12

In the Matter of: Petition of Waste

Management of Illinois, Inc. for an

Adjusted Standard From 35 Ill. Adm.

Code Sections 807.665(b) and 811.714(b)

- The Board granted the petitioner's

facilities located throughout Illinois an

adjusted standard from certain of the

financial assurance requirements of the

land pollution control (non-hazardous

waste landfill) regulations, with

conditions. Board Member J. Theodore

Meyer dissented.

AS 94-16

In the Matter of: Petition of the City of

Wood River for an Adjusted Standard

From Treatment of Overflows and Bypass

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/ May, 1995

Environmental Register No. 494

Environmental Register No. 494

Regulations 35 Ill. Adm. Code 306.305(a)

and (b) - The Board granted this Madison

County facility an adjusted standard from

the first flush treatment requirements of

the combined sewer overflow provisions

of the water pollution control regulations

for its combined sewer overflows into the

Mississippi River, subject to conditions.

NEW CASES

NEW CASES - April 6, 1995 BOARD MEET

- April 6, 1995 BOARD MEETING

ING

95-51

Don Carson Steinheimer and Ray Darrow

Steinheimer as Co-Executors of the Estate

of Irene D. Steinheimer, deceased v. GTE

North, Inc. - The Board determined that

this citizen's underground storage tank en-

forcement action against a Morgan

County facility was neither frivolous nor

duplicitous and accepted it for hearing.

95-105

Saline County Landfill v. EPA - 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 land permit appeal

filed on behalf of this Saline County

facility.

95-108

Village of Lake in the Hills v. EPA - The

Board held this petition for a variance

from the standards for issuance and

restricted status requirements of the public

water supply regulations, as they relate to

barium, filed on behalf of a McHenry

County facility for an Agency

recommendation.

95-109

ESG Watts, Inc. (Sangamon Valley

Landfill) v. EPA - The Board accepted

this land permit appeal involving a

Sangamon County facility for hearing.

95-110

ESG Watts, Inc. (Taylor Ridge/Andalusia

Landfill) v. EPA - The Board accepted

this land permit appeal involving a Rock

Island County facility for hearing.

95-111

Thomas Brown (Tom's Corner Facility)

v. EPA - The Board accepted this petition

for a variance from the air pollution

control regulatory requirements for

installation and operation of Stage II

gasoline vapor recovery equipment at this

Lake County facility for hearing.

95-112

John C. Justice, d/b/a Microcosm v. EPA

- The Board accepted this air permit

appeal involving a Cook County facility

for hearing.

95-113

White Glove of Morton Grove v. Amoco

Oil Company - The Board held this

citizens' underground storage tank

enforcement action against a Cook County

facility for a frivolous and duplicitous

determination.

95-114

People of the State of Illinois v. C.P.

Inorganics, Inc., n/k/a Phibro-Tech, Inc.

- Upon receipt of a proposed stipulation

and settlement agreement and an agreed

motion to request relief from the hearing

requirement in this air enforcement action

against a Will County facility, the Board

ordered publication of the required

newspaper notice.

95-115

Illico Independent Oil Company v. EPA -

The Board accepted this underground

storage tank reimbursement determination

appeal involving a Tazewell County

facility for hearing.

95-116

Kelley-Williamson Company v. EPA -

The Board ordered the filing of an

amended petition in this underground

storage tank reimbursement determination

appeal involving a Boone County facility.

95-117

Kean Brothers, Inc. v. EPA - The Board

accepted this petition for a variance from

the air pollution control regulatory

requirements for installation and operation

of Stage II gasoline vapor recovery

equipment at this Cook County facility for

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May, 1995/Page

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13

hearing.

95-118

Jack Pease, d/b/a Glacier Lake Extraction

v. EPA - The Board accepted this mining

permit appeal involving a McHenry

County facility for hearing.

95-119

West Suburban Recycling and Energy

Center v. EPA - 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

land permit appeal filed on behalf of this

Cook County facility. (Consolidated with

PCB 95-125.)

95-120

City of Crystal Lake v. EPA -

See Final

Actions.

95-121

Illinois Power Company (Baldwin Power

Station) v. EPA -

See Final Actions.

95-122

Olive Streit and Lisa Streit v. Oberweis

Dairy, Inc., Richard Fetzer and Johnnie

W. Ward, d/b/a Serve-N-Save, and

Richard J. Fetzer, individually, Amoco

Oil Company, Mobil Oil Corporation, and

EPA - The Board held this citizens'

underground storage tank enforcement

action against a Kane County facility for a

frivolous and duplicitous determination.

95-123

Argonne National Laboratory - East v.

EPA -

See Final Actions.

95-124

People of the State of Illinois v. Lebanon

Chemical Corporation - The Board

accepted this air enforcement action

against a Vermilion facility for hearing.

95-125

West Suburban Recycling and Energy

Center v. EPA - 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

land permit appeal filed on behalf of this

Cook County facility. (Consolidated with

PCB 95-119.)

AC 95-22

EPA v. Clayton G. Pope and Karen N.

Pope - The Board received an

administrative citation against a

Champaign County respondent.

AC 95-23

County of Vermilion v. Brickyard

Disposal & Recycling, Inc. - The Board

received an administrative citation against

a Vermilion County respondent.

AC 95-24

County of Vermilion v. Brickyard

Disposal

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& Recycling, Inc. - The Board received

an administrative citation against a

Vermilion County respondent.

AC 95-25

EPA v. Fred Smith, Jr. - The Board

received an administrative citation against

a Macoupin County respondent.

AC 95-26

EPA v. Orville Bartels and Frank Blair -

The Board received an administrative

citation against a Cass County respondent.

AS 95-3

In the Matter of: The Joint Petition of the

EPA 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-

5

)

and Ammonia Nitrogen - The Board held

this petition for an adjusted standard from

the suspended solids and ammonia

nitrogen effluent requirements of the

water pollution control regulations

pending receipt of proof of publication.

AS 95-4

In the Matter of: Petition of the

Metropolitan Water Reclamation District

of Greater Chicago for an Adjusted

Standard From 35 Ill. Adm. Codes 811,

812, and 817 (Sludge Application) - The

Board held this petition for an adjusted

standard from certain of the land pollution

control regulations to allow the use of

wastewater sludge for final cover at

landfills pending receipt of proof of

publication.

NEW CASES

NEW CASES - April 13, 1995 SPECIAL BOARD MEET

- April 13, 1995 SPECIAL BOARD MEETING

ING

95-126

Excel Corporation v. EPA - The Board

accepted this NPDES permit appeal

involving a Cass County facility for

hearing.

95-127

Meyer Steel Drum, Inc. v. EPA - 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 air permit appeal filed

on behalf of this Cook County facility.

AC 95-27

EPA v. Browning-Ferris Industries of Illi-

nois, Inc. - The Board received an

administrative citation against a Fulton

Coun-

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May, 1995/Page

May, 1995/Page 15

15

ty respondent.

AS 95-3

In the Matter of: The Joint Petition of the

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-

5

)

and Ammonia Nitrogen - The Board

accepted a joint petition for an adjusted

standard from the suspended solids and

ammonia nitrogen effluent standards of

the water pollution control regulations

filed on behalf of a Massac County

facility for hearing.

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FINAL ACTIONS

FINAL ACTIONS - April 20, 1995 BOARD MEETING

- April 20, 1995 BOARD MEETING

92-164

People of the State of Illinois v. Berniece

Kershaw and Darwin Dale Kershaw,

d/b/a Kershaw Mobile Home Park - On

the respondents' motion, the Board

reconsidered, vacated, and reissued a

segment of its April 8, 1993 opinion an

order in this water enforcement action

against a Henry County facility, ordering

the respondents to pay a civil penalty of

$30,000.00 and $5,190.69 in costs and

attorneys' fees to the Attorney General's

Office and ordering them to cease and

desist from further violation. Board

Member J. Theodore Meyer dissented.

94-273

People of the State of Illinois v. Metals

Technology Corporation - The Board

granted voluntary dismissal of this

Emergency Planning and Community

Rights to Know Act (EPCRA)

enforcement action against a DuPage

County facility.

95-42

Village of North Aurora v. EPA - The

Board granted this Kane County facility a

five-year variance from the standards for

issuance and restricted status requirements

of the public water supply regulations, as

they relate to radium-226 and radium-228,

subject to conditions.

95-49

Glenbard Wastewater Authority v. EPA -

The Board granted this DuPage County

facility a six-month variance from the

total suspended solids (TSS) effluent

requirements of the water pollution

control regulations, subject to conditions.

95-129

Berkley Auto Service v. EPA - Upon

receipt of an Agency recommendation,

the Board granted this Cook County

gasoline dispensing facility a 16-day

extension of previous provisional

variances granted in PCB 94-363, PCB

95-17, and PCB 95-83 from the air

pollution control regulations that require

the installation and operation of Stage II

vapor recovery equipment.

95-130

Amoco Oil Company (Woodridge and Ar-

lington Heights Facilities) v. EPA - Upon

receipt of an Agency recommendation,

the Board granted two Cook and DuPage

County gasoline dispensing facilities a 45-

day extension of a previous provisional

variance granted in PCB 94-263 from the

air pollution control regulations that

require the installation and operation of

Stage II vapor recovery equipment.

95-131

Norbert Janisch and Sibi Kadalimatton v.

EPA - Upon receipt of an Agency

recommendation, the Board granted this

DuPage County gasoline dispensing

facility a 45-day extension of a previous

provisional variance granted in PCB 94-

263 from the air pollution control

regulations that require the installation and

operation of Stage II vapor recovery

equipment.

95-132

The Finishing Company v. EPA - Upon

receipt of an Agency recommendation,

the Board granted a 30-day provisional

variance from the 90-day limitation on the

accumulation of hazardous wastes at this

Cook County facility.

AC 94-5

EPA v. James Bennett and Kerry J.

Henson - The Board found insufficient

evidence after hearing to sustain a finding

of violation and dismissed this

administrative citation against Hancock

County respondents. Chairman C. A.

Manning and Board Member J. Yi

dissented.

AC 94-76

Sangamon County v. SLC of Springfield,

Inc. - The Board entered an order after

hearing, finding that the Sangamon

County respondent had violated Section

21(p)(1) and dismissing the allegation that

it violated Section 21(p)(3) of the Act and

order it to pay a civil penalty of $500.00.

Hearing costs were not assessed. Board

Member Marili McFawn dissented.

R94-21

In the Matter of: 15% ROP Plan Control

Measures For VOM Emissions-Part IV:

Tightening Surface Coating Standards;

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17

Surface Coating of

Automotive/Transportation and Business

Machine Plastic Parts; Wood Furniture

Coating; Reactor Processes and Distilla-

tion Operation Processes in SOCMI; and

Bakery Ovens, Amendments to 35 Ill.

Adm. Code Parts 211, 218, and 219 -

See

Rulemaking Update.

R94-31

In the Matter of: 15% ROP Plan Control

Measures For VOM Emissions-Part V:

Control of Volatile Organic Compound

Emissions From Lithographic Printing,

Amendments to 35 Ill. Adm. Code Parts

211, 218, and 219 -

See Rulemaking

Update.

R94-32

In the Matter of: 15% ROP Plan Control

Measures For VOM Emissions-Part VI:

Motor Vehicle Refinishing, Amendments

to 35 Ill. Adm. Code Parts 211, 218, and

219 -

See Rulemaking Update.

NEW CASES

NEW CASES - April 20, 1995 BOARD MEET

- April 20, 1995 BOARD MEETING

ING

95-128

Cathy Bevis, Gladys Shreve, Rick Moore,

Eleanor Towns, Eleanor Morris, Leonard

Morris, Eddie Breeze, Louise Breeze,

Mary Lee Cunningham, Lyle Rutger,

Marie Rutger, Charles Walker and

Lenora Walker v. Wayne County Board,

Wayne County - The Board held this third

party appeal of a siting approval for a

proposed Wayne County regional

pollution control facility (landfill) for a

frivolous and duplicitous determination.

95-129

Berkley Auto Service v. EPA -

See Final

Actions.

95-130

Amoco Oil Company Woodridge and

Arlington Heights Facilities) v. EPA -

Final Actions.

95-131

Norbert Janisch and Sibi Kadalimatton v.

EPA -

See Final Actions.

95-132

The Finishing Company v. EPA -

See

Final Actions.

AC 95-28

Sangamon County v. ESG Watts, Inc. -

The Board received an administrative

citation against a Sangamon County

respondent.

AC 95-29

Sangamon County v. ESG Watts, Inc. -

The Board received an administrative

citation against a Sangamon County

respondent.

AC 95-30

EPA v. Knox County Landfill Committee

- The Board received an administrative

citation against a Knox County

respondent.

R95-2

In the Matter of: Exemptions From The

Definition of VOM, USEPA

Recommended Policy Amendments (July

1, 1994 through December 31, 1994) -

See Rulemaking Update.

R95-13

In the Matter of: RCRA Subtitle D

Update, Delayed Effective Date of

USEPA Financial Assurance Regulations

(April 7, 1995) -

See Rulemaking

Update.

---

Page

Page 18

18/ May, 1995

/ May, 1995

Environmental Register No. 494

Environmental Register No. 494

CALENDAR OF HEARINGS

CALENDAR OF HEARINGS

All hearings held by the Board are open to the public. Pollution Control Board Meetings (highlighted) are usually

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.

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 4

10:30 a.m.

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

Randolph St., Conference Room 9-040, Chicago

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

10:00 a.m.

AC 94-94

AC

EPA v. Wayne D. Alberts and Sharon J. Alberts (Atlanta/Alberts) - Illinois

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

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 11

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.

May 15

10:00 a.m.

PCB 94-184

UST-FRD

R.P. Lumber Company, Inc. v. OSFM - Illinois Pollution Control Board,

Suite 402, 600 South Second Street, Springfield.

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.

---

Environmental Register No. 494

Environmental Register No. 494

May, 1995/Page

May, 1995/Page 19

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

10:30 a.m.

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

Randolph St., Suite 11-500, Chicago

May 25

10:00 a.m.

PCB 94-393

UST-FRD

Peoria School District #150 - Hines School v. EPA - Peoria County Board

Offices, Room 403, 324 Main Street, Peoria.

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 30

10:00 a.m.

PCB 95-98

L-V, RCRA

BTL Specialty Resins Corporation 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.

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.

AS 94-3

Air

In the Matter of: Joint Petition of Outboard Marine Corporation (OMC

Waukegan Facility) and the EPA for an Adjusted Standard from 35 Ill. Adm.

Code 218 - Lake County Courthouse, Conference Room C, 10th Floor, 18

North County Street, Waukegan.

June 1

10:00 a.m.

PCB 94-297

A-V

J.M. Sweeney Co. v. EPA - Lake Zurich Village Hall, 70 East Main Street,

Lake Zurich.

---

Page

Page 20

20/ May, 1995

/ May, 1995

Environmental Register No. 494

Environmental Register No. 494

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 8

10:30 a.m.

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

Randolph St., Suite 11-500, Chicago

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 14

1:30 p.m.

R 95-2

R, Air

In the Matter of: Exemptions from the Definition of VOM, U.S. EPA

Recommended Policy Amendments (July 1 through December 31, 1994) -

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 16

10:00 a.m.

AC 95-6

AC

EPA v. Reliable Auto Parts & Wreckers, Inc., a/k/a Scrap Processors (Blue

Island/Scrap Processors) - James R. Thompson Center, Suite 11-500, 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 22

10:30 a.m.

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

June 29

10:30 a.m.

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

Randolph St., Suite 11-500, Chicago

June 29

10:30 a.m.

AS 91-8

Air

In the Matter of: Petition of Reynolds Metals Company and the EPA for an

Adjusted Standard from 35 Ill. Adm. Code 218.980 - James R. Thompson

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

---

Environmental Register No. 494

Environmental Register No. 494

May, 1995/Page

May, 1995/Page 21

21

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.

July 6

10:30 a.m.

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

July 20

10:30 a.m.

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

August 3

10:30 a.m.

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

August 17

10:30 a.m.

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

September 7

10:30 a.m.

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

September

10:30 a.m.

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

October 5

10:30 a.m.

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

October 19

10:30 a.m.

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

November 2

10:30 a.m.

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

November

10:30 a.m.

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

Calendar Code

3d P

Third Party Action

A-CAdministrative Citation

A-E

Air Enforcement

A-SAdjusted Standard

A-V

Air Variance

CSOCombined Sewer Overflow Exception

GW

Groundwater

HW DelistRCRA Hazardous Waste Delisting

L-E

Land Enforcement

L-S-RLandfill Siting Review

L-V

Land Variance

MWMedical Waste (Biological Materials)

N-E

Noise Enforcement

N-VNoise Variance

P-A

Permit Appeal

PWS-EPublic Water Supply Enforcement

PWS-V

Public Water Supply Variance

RRegulatory Proceeding proceeding (hazardous waste

only)

RCRA

Resource Conservation and Recovery

Act

S0

2

S0

2

Alternative Standards (35 ILL. ADM. CODE

302.211(f)))

SWH-E

Special Waste Hauling Enforcement

SWH-VSpecial Waste Hauling Variance

---

Page

Page 22

22/ May, 1995

/ May, 1995

Environmental Register No. 494

Environmental Register No. 494

T

Thermal Demonstration Rule

T-CTax Certifications

T-S

Trade Secrets

UST-AppealUnderground Storage Tank Corrective

Action Appeal

UST-E

Underground Storage Tank

Enforcement

UST-FRDUnderground Storage Tank Fund Reim-

bursement Determination

W-E

Water Enforcement

W-VWater Variance

WWS

Water-Well Setback Exception

---

Environmental Register No. 494

Environmental Register No. 494

May, 1995/Page

May, 1995/Page 23

23

ENVIRONMENTAL REGISTER MAILING LIST

The Board is updating the mailing list for the Environmental Register. The Board desires to assure

that the names of those who desire to receive regular free copies of the

Register

will appear on the

mailing list. If you no longer wish to directly receive regular issues of the

Register

, please fill out

the address label below, indicating you wish, and return it to the Board as soon as possible. If you

do not presently receive the

Register

on a regular basis, please submit the indicated appropriate

mailing information below, indicating that you want your name added to the list.

Please return the completed form to:

Victoria Agyeman

Illinois Pollution Control Board

100 W. Randolph, Suite 11-500

Chicago, Illinois 60601

--------------------------------------------------- CUT HERE --------------------------------------------------------

------------

Environmental Register

Mailing List

Name

___________________________________________________

____________

Company/Firm Name

___________________________________________________

____________

Address

___________________________________________________

____________

City/State/Zip

___________________________________________________

____________

__________________

Yes

, I wish to receive regular free copies of the

Environmental

Register

.

__________________

No

, I do not want to receive the

Environmental Register

; please

remove

my name from the mailing list.

---

Page

Page 24

24/ May, 1995

/ May, 1995

Environmental Register No. 494

Environmental Register No. 494

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

DIVISION OF WATER POLLUTION CONTROL

RESTRICTED STATUS LIST

In order to comply with 35 Illinois Administrative Code Section 306.401 Illinois Pollution Control Board

Regulations, the Illinois EPA has prepared the following list of facilities which are on Re

stricted Status.

Restricted Status is defined as the Agency determination that a sewer or lift station has reached

hydraulic capacity or that a sewage treatment plant has reached design capacity, such that additional sewer

connection permits may no longer be issued without causing a violation of the Act or Regulations. Please

note that the list is continually being revised to reflect the current situation. Therefore, if you have

any questions on the capability of a treatment facility or transport system, please contact this Agency for

a final determination. This listing reflects the status as of March 31, 1995.

Facility names followed by an asterisk (*) indicates that construction is underway to ultimately alleviate

problems which resulted in imposition of Restricted Status. Facilities followed by a double asterisk (**)

are additions to the list.

REMAINING

FACILITY NAME

RESPONSIBLE AUTHORITY

COUNTY

CAPACITY

Bourbonnais (Belle Aire Subd.)

Village of Bourbonnais Kankakee

0

Camelot Utilities - Wastewater

Camelot Utilities

Will

0

Collection System

Camp Point (a portion mh 60-68)

Village of Camp Point

Adams

0

Candlewick Lake STP

Consumer Ill. Water Co.

Boone

0

Canton - S.S. Surcharging

City of Canton

Fulton

0

New Salem, 4th Ave.,

Sycamore, Sycamore Terr.,

Main Street

Chapin (North and South Main

Village of Chapin

Morgan

0

Terminal L.S.)

Clearview S.D.

Clearview S.D.

McLean

0

East Alton STP

City of East Alton

Madison

0

Farmington

City of Farmington

Fulton

0

Highview Estates

Highview Water Co.

Tazewell

0

Lake Zurich - Knollwood,

Village of Lake Zurich

Lake

0

Minonski, Main Ls's

Maple Lawn Homes STP

Maple Lawn Homes

Woodford

0

Riverton (Sewer System-Partial)

Village of Riverton

Sangamon

0

Rosewood Heights S.D. - Ninth Rosewood Heights S.D.

Madison

0

Street LS**

Stockton STP

Village of Stockton

JoDaviess

0

Taylorville Shawnee Ave. Pump

City of Taylorville

Christian

0

Station

Utilities Unlimited

Utilities Unlimited

Will

0

Virden (Sewer System-Partial)

Virden S.D.

Macoupin

0

Washington ( Devonshire Estates)

City of Washington

Tazewell

0

Washington (Rolling Meadows)

City of Washington

Tazewell

0

Watseka STP

City of Watseka

Iroquois

0

Deletions from previous Quarterly Report

: DeKalb-NW 8" Submain, Elmwood, Galesburg, Round Lake

- Cedar

Lake Rd. & Rosewood Sewage Pumping

Stas.

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

DIVISION OF WATER POLLUTION CONTROL

CRITICAL REVIEW LIST

In order to comply with 35 Illinois Administrative Code Section 306.401, Illinois Pollution Control Board

Regulations, the Illinois Environmental Protection Agency has prepared the following list of facilities

which are on Critical Review. Critical Review as defined as the Agency determination that a sewer or

lift station is approaching hydraulic capacity or that a sewage treatment plant is approaching design

capacity such that additional sewer connection permit applications will require close scrutiny to

determine whether issuance would result in a violation of the Act or Regulations. Please note that these

lists are continually being revised to reflect the current situation. Therefore, if you have any

questions on the capability of a treatment facility or transport system, please contact the Agency for a

final determination. This listing reflects the status as of March 31, 1995.

Facility names followed by a double asterisk are additions to the list.

PE ADDED

FACILITY

RESPONSIBLE

REMAINING

SINCE

NAME

AUTHORITY

COUNTY

CAPACITY

LAST LIST

Beecher STP

Village of Beecher

Will***

0

0

Benton-Southeast STP

City of Benton

Franklin

60

0

Bethalto ( L.S. #1)

Village of Bethalto

Madison

87

0

Bolingbrook STP 2

Village of Bolingbrook

Will

0

0

Braidwood STP

City of Braidwood

Will

0

0

Carrier Mills

Village of Carrier Mills

Saline

836

0

Carrollton

City of Carrollton

Greene

140

0

Chester

City of Chester

Randolph

26

0

Crest Hill - West STP

City of Crest Hill

Will

0

0

Creve Coeur

Village of Creve Coeur

Tazewell

2,330

0

Derby Meadows Utility Co.

STP

Derby Meadows Utility Co.

Will

0

0

---

Environmental Register No. 494

Environmental Register No. 494

May, 1995/Page

May, 1995/Page 25

25

Downers Grove Sanitary Dist. Downers Grove S.D.

DuPage

8,588

7

Earlville

City of Earlville

LaSalle

215

0

East Dundee STP

Village of E. Dundee

Kane

983

0

Elkville

Village of Elkville

Jackson

6

0

Elmhurst

City of Elmhurst

DuPage

0

49

Findlay

Village of Findlay

Shelby

60

0

Hebron

Village of Hebron

McHenry

118

0

Herrin

City of Herrin

Williamson

***

0

Herscher

Village of Herscher

Kankakee

365

0

Highland STP

City of Highland

Madison

830

0

Hoopeston

City of Hoopeston'

Vermilion

0

92

Kildeer-Bishop-Ridge STP

Village of Kildeer

Lake

40

0

CLPWD-DeerfieldRd. Interceptor

County of Lake Public Works

Lake

***

0

Department

CLPWD-Diamond-Sylvan STP**

County of Lake Public Works

Lake

248

0

Department

Lake in the Hills S.D.

Village of Lake in the Hills

McHenry

0

2,493

Manhattan**

Village of Manhattan

Will

174

0

Milan

Village of Milan

Rock Island

1,122

0

Moline (North Slope)

City of Moline

Rock Island

1,151

0

Mundelein STP

Village of Mendelein

Lake

900

0

O'Fallon

City of O'Fallon

St. Clair

487

1,156

Orangeville

Village of Orangeville

Stephenson

0

0

Pearl City

Village of Pearl City

Stephenson

0

0

Peotone

Village of Peotone

Will

370

0

Rock Island (Main)

City of Rock Island

Rock Island

5,001

0

Sycamore (Southwest)

City of Sycamore

DeKalb

0

0

Thompsonville STP

Village of Thompsonville

Franklin

35

0

Deletetions from previous quarterly report

: None

***Contact IEPA - Permit Section

MM:sp5439c/2-5

---

Page

Page 26

26/ May, 1995

/ May, 1995

Environmental Register No. 494

Environmental Register No. 494

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