Printed on Recycled Paper

E

NVIRONMENTAL

R

R

EGISTER

No. 496

No. 496

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Illinois Pollution Control Board News

Illinois Pollution Control Board News

August-September, 1995

END OF LEGISLATIVE SESSION SUMMARIZED IN THIS ISSUE

This issue includes a summary of the legislation of interest issuing from the recent end of the

1995 session of the 89th General Assembly, in

LEGISLATIVE UPDATE

, beginning on page 7.

BOARD'S 25th ANNIVERSARY DINNER A HUGE SUCCESS

The 25th anniversary dinner celebration of the Board on September 6 was a huge success.

The Board extends its sincere appreciation to all whose efforts combined to make this a wonderful

celebration! Proceeds from the dinner in excess of $5,000 were donated to the Chicago Bar

Association’s Irv Goodman environmental education fund as a result of over 400 people in attendance,

including past and present Board members and employees, the regulated community, professional and

trade associations, environmental groups, and environmental professionals.

The co-chairs of the event, Chairman Claire A. Manning, and the original Chairman, David

P. Currie, distinguished professor of law at the University of Chicago gave the keynote addresses of

their perspectives then and now. Richard Kissel, a member of the original Board appointed in July,

1970 acted as the master of ceremonies. Other members of that original Board, Samuel Aldrich,

Jacob D. Dumelle, and Samuel T. Lawton, Jr. addressed the audience. Other featured speakers were

Virginia Scott, representing the Illinois Environmental Council; Sidney Marder, Executive Director of

the Illinois Environmental Regulatory Group, and a former Board member; former State

Representative George Burditt, one of the sponsors of the bill that became the original Environmental

Protection Act; Dr. Cecil Lue-Hing, Director of Research and Development for the Water

Reclamation District of Greater Chicago, and James T. Harrington, of Ross & Hardies. Bill Roberts,

Chief Legal Counsel to Governor Edgar, read the Governor's proclamation declaring September 6,

1995 as Pollution Control Board Day in Illinois. One of the high spots of the evening was a special

presentation to Eileen Johnston, for her years of dedicated service to the environmental community

organizing educational workshops and environmental cruises.

The Board released its 25th anniversary Annual report for fiscal year 1995 at the celebration.

More information on the 25th Anniversary Annual Report, including availability, appears in a box on

the next page.

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Environmental Register No. 496

Environmental Register No. 496

APPELLATE UPDATE

FIRST DISTRICT AFFIRMS WORLD MUSIC

THEATER DECISION

In the recent decision in

Discovery Group South,

Ltd. v. PCB

(1st Dist. Aug. 28, 1995), No. 1-93-

1438, the appellate court affirmed the Board's

decision in the citizens' noise enforcement case

involving the World Music Theatre in Tinley Park.

The court held that the Board's decision was not

against the manifest weight of the evidence and that

the remedy imposed by the Board was not arbitrary

and capricious, did not exceed the Board's authority,

and did not violate the Constitutional guarantees of

equal protection and freedom of speech.

Initiating

Village of Matteson v. World Music

Theatre

, PCB 90-146, a complaint was filed in

August of 1990 by the Village of Matteson that

alleged noise pollution from the operation of the

World Music Theatre in Tinley Park. The Board

held 10 days of hearings over the two and one-half

years this matter was pending. The Board received

extensive testimony from local residents, village

officials, Theatre personnel, and sound experts. On

April 29, 1991, the Board issued an interim order

that found the Theatre in violation and required it to

monitor sound levels at various nearby locations and

report potential methods of reducing the impact of

those sounds.

On February 25, 1995, after considering the

monitoring and report submitted by the Theatre,

conducting additional hearings, and accepting further

pleadings, the Board found that the respondents,

World Music Theatre, JAM Productions, Ltd., and

Discovery South Group, Ltd. (collectively, "the

Theatre"), had violated the Board's noise

regulations, imposed a monetary penalty, and

ordered the Theatre to cease and desist from future

violations. The Board found that the Theatre had

violated the regulations on 26 dates in 1990, 1991

and 1992. The Board ordered the Theatre to pay a

$13,000 fine and to conduct sound monitoring of all

concerts for three years. The Theatre was required

to monitor the sound in accordance with the Board's

order at sites in Matteson, Country Club Hills, and

at the theater, using a 5 minute L

eq

.

The Theatre appealed the Board's decision in PCB

90-146 to the Appellate Court for the First District

of Illinois. The Theatre argued that the Board's

decision was defective on four bases:

1)

that it was

against the manifest weight of the evidence;

2)

that

the remedy imposed was arbitrary and capricious;

3)

that the Board exceeded its statutory authority in

imposing the remedy; and

4)

that the Board's

remedy violated the guarantees of equal protection

and freedom of speech in the federal Constitution.

The Theatre asserted three independent arguments

to support its claim that the decision was against the

manifest weight of the evidence. The first argument

was that the Board had erred in accepting

inadmissible hearsay evidence (a compiled listing of

noise complaints to the Matteson police and

correspondence containing similar listings from the

Country Club Hills police). The First District

examined Section 10-40(a) of the Administrative

Procedure Act (APA)

(5 ILCS 100)

, which sets forth

the standard for admission of evidence in

administrative proceedings, and concluded that "a

reasonably prudent person would find a tabulation of

the local police department's log regarding telephone

complaints trustworthy and reliable." It held them

admissible, but further noted that even if they had

been inadmissible.

The second argument that the decision was against

the manifest weight of the evidence related to the

sufficiency of the testimony of several Matteson

residents as to the impact of the noise on their lives.

BOARD 25th ANNUAL REPORT AVAILABLE

The Board recently released its Silver Anniversary 25th Annual Report for fiscal year 1995.

Copies were distributed to each person attending the Board's anniversary dinner, to Governor Edgar, and

to each member of the General Assembly. Featured in the 25th Annual Report are interviews of current

Board Chairman Claire A. Manning and the first Chairman, Professor David P. Currie. In addition to

capsulizing recent legislation of interest to the Board, recent judicial decisions involving the Board, and

reviewing the Board's fiscal year 1995 activities, the Report outlines the Board's functions and statutory

authority under the Environmental Protection Act. The 25th Annual Report also sets forth an historical

outline of the Board's first 25 years, referencing notable events in the history of the Board and key

decisions of the appellate courts and the Illinois Supreme Court in Board cases. It highlights the history

of the Board, outlines a list of past and present Board members, and sets forth biographical information

on current Board members, veteran employees, and on Eileen Johnston, the honoree at the Board's recent

25th anniversary dinner

(see box preceding page)

.

To obtain a copy of the Board's 25th Anniversary Annual Report, contact Victoria Agyeman, at

312-814-3620.

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Environmental Register No. 496

Environmental Register No. 496

August-September, 1995/Page

August-September, 1995/Page 3

3

The Theatre argued that these witnesses were not

representative of the broader population, but were

rather "hypersensitive" individuals. Noting that

residents who testified that the concert music did not

bother them had clearly heard it over two miles

away, the court stated that a finding of violation did

not require that the noise affect all citizens and to the

same degree. Rather, all that was necessary was that

some of the residents indicated unreasonable

interference with their enjoyment of life. In the

opinion of the court, this was sufficient to support a

finding of noise pollution.

The final manifest weight argument pertained to

the Board's consideration of the factors set forth in

Section 33(c) of the Environmental Protection Act

(Act)

(415 ILCS 5)

. The court noted that the Board

had specifically addressed each of the statutory

factors in its opinions and orders. The court

summarized the Theatre's arguments as contending

that the Board had failed to properly consider the

statutory factors because it had not properly

considered evidence of the Theatre's economic

value, the appropriateness of its location, and the

economic feasibility of requiring compliance. The

First District characterized this argument as

indicating the Theatre unhappiness with the weight

given each factor. Relying on various authorities,

the court noted that its function was not to reweigh

the evidence and that the standard of review required

affirmance if the evidence "fairly supports" the

Board's decision and found no basis for reversing

the Board's conclusion that the Theatre had emitted

noise pollution in violation of the Act.

As to the remedy imposed by the Board, the court

characterized the Theatre's challenges as including

four arguments. The first was that the remedy was

against the manifest weight of the evidence and

stricter than general numerical noise emissions

limitations. The Second was that the remedy was

beyond the scope of the Board's authority under the

Act. The third was that the remedy was an illegal

rulemaking. Finally, the fourth was that the remedy

violated the Theatre's constitutional equal protection

and freedom of speech rights.

The court initially noted that case law imposes two

standards of review for administrative decisions, and

each is appropriate in a different context. In the

review of quasi-judicial decisions, the "manifest

weight" standard is appropriate; in context of a

quasi-legislative decision, the "decision will be

upheld unless it is arbitrary, capricious, or

unreasonable." The court held that the Board was

interpreting its own rules and had acted in a quasi-

legislative capacity in fashioning a remedy, so the

"arbitrary, capricious, or unreasonable" standard of

review applied to its review of the remedy.

The First district observed that the Board had not

applied a stricter, "

ad hoc

", noise standard in finding

that the Theatre had violated the Act and Board

regulations. The court noted that the regulatory

numerical standard, which requires a one-hour

average noise measurement, applied only to

determining a violation of the Part 901 numerical

standards, not to Section 24 "nuisance noise"

violations. The issue was whether a deviation from

the general rules was appropriate in fashioning a

remedy. Observing that the Board chose a five-

minute averaging period for the remedial noise

monitoring because the record indicated that the

regulatory averaging period was "unrealistically

long" in context, the First District stated that the

Board appropriately imposed reasonable restrictions

to correct the Theatre's noise problem. The court

held that the shorter monitoring period was not

arbitrary and capricious.

The appellate court did not agree that the remedy

exceeded the Board's statutory authority. Quoting

Kaeding v. PCB

(2d Dist. 1974), 22 Ill. App. 3d 36,

316 N.E.2d 788, the First District noted that the

Board has "those powers that are reasonably

necessary to accomplish the legislative purpose of

the administrative agency . . .." The court held that

the remedy was an exercise of that power.

The First District also did not agree that the Board

had engaged in improper rulemaking in imposing the

remedy on the Theatre. Citing Section 1-70 of the

APA and the Supreme Court's opinion in

Granite

City Steel Division of National Steel Co. v. PCB

(1993), 155 Ill. 2d 149, 613 N.E.2d 719, the court

observed that a "rule" applies generally to all

persons similarly situated. It held that Board's

imposition of the five-minute averaging period was

not a "rulemaking" as defined in the APA.

Finally, the court addressed the constitutional

claims. It disposed of the equal protection claim,

noting that the "unreasonable interference" standard

used by the Board in finding a violation applies to all

noise sources. The First district held that the

Board's order did not violate the Theatre's equal

protection rights. On the freedom of expression

issue, the court observed that although music is a

protected form of expression, reasonable content-

neutral regulations are permissible if they serve a

substantial governmental interest. The First District

noted that there is such an interest in "protecting the

tranquility and privacy of the home from unwelcome

noise." It held that the volume restrictions imposed

by the Board did not violate the Theatre's freedom

of expression. The First District affirmed the

Board's judgment.

(Editor's note: As this issue was prepared for

publication, the Theatre had filed a motion for

rehearing.)

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Environmental Register No. 496

SECOND DISTRICT AFFIRMS BOARD

DISMISSAL OF COMPLAINT

In a Supreme Court Rule 23(c) opinion and order

in

Nelson v. PCB

(2d Dist. Aug. 7, 1995), No. 2-95-

0281, the Second District appellate court affirmed

the Board's dismissal of a citizen's noise pollution

complaint in PCB 94-247,

Rodney B. Nelson, M.D.

v. Kane County Forest Preserve, Jack Cook,

Chairman and Kane County Cougars, William

Larsen, General Manager

(Feb. 16, 1995). In that

decision, the Board had found that it lacked

jurisdiction over fireworks displays at baseball

games because they are exempted under the Act and

dismissed this citizen's noise enforcement action

against a Kane County facility. The Second District

held that the Board properly did not limit the

exemption of Section 24 of the Environmental

Protection Act to the actual ball playing itself.

Rather, the court agreed that the Section 3.25

definition of "organized amateur or professional

sporting activity" was not limited to necessary

activities but included all activities part of the

sporting activity.

FIRST DISTRICT GRANTS VOLUNTARY

DISMISSAL OF APPEALS OF BOARD

DISMISSALS

In two recent decisions, the appellate court granted

voluntary dismissal of appeals of the Board's

dismissal of petitions. In

Illinois Wood Energy

Partners, L.P. v. PCB

(1st Dist. July 25, 1995), No.

1-95-0004 (AS 94-1), it was a petition for an

adjusted standard. In

BTL Specialty Resins Corp. v.

PCB

(1st Dist. Aug. 1, 1995), No. 1-94-4040 (PCB

94-160), it was a petition for "review of final

hazardous waste determination".

(Editor's note: See

issues 488, Nov., 1994 & 490, Jan., 1995 for more

details.)

RULE

RULEMAKING UPDATE

DELAYED EFFECTIVE DATE FOR

LANDFILL FINANCIAL ASSURANCE

ADOPTED, R95-13

The Board adopted a delayed effective date for the

financial assurance requirements applicable to

municipal solid waste landfills (MSWLFs) on

August 24, 1995. This identical-in-substance action,

under docket R95-13, was prompted by the April 7,

1995 action by U.S. EPA to delay the effective date

for financial assurance for RCRA Subtitle D

facilities by two years, from April 9, 1995 to April

9, 1997. U.S. EPA stated that it needed the

additional time to perfect financial assurance

mechanisms for local government and corporate self-

assurance for MSWLFs.

The Board proposed the amendments for First

Notice publication in the

Illinois Register

on May 4,

1995, and Notice of Proposed Amendments appeared

on May 19, 1995. The Board delayed adopting the

amendments until Governor Edgar signed P.A. 89-

200 (formerly SB 629) into law, which occurred on

July 21, 1995. In adopting the amendments, the

Board noted P.A. 89-200 and its January 1, 1996

effective date at each amended statement of the

Subtitle D financial assurance compliance deadline.

Direct questions to Michael J. McCambridge, at

312-814-6924. Request copies of the Board's

opinion and order from Victoria Agyeman, at 312-

814-3620. Please refer to docket R95-13.

(Editor's note: Section 21.1 of the Act has long

required that owners or operators of landfills

maintain financial assurance for closure and post-

closure care of their facilities, except that Section

21.1 exempted state and local government-owned

facilities from this requirement. With the advent of

the federal RCRA Subtitle D requirements in 40 CFR

258, which exempt only federally- and state-owned

landfills, the General Assembly amended Section

21.1 to require financial assurance for the local

government-owned facilities after April 9, 1995. By

P.A. 89-200, effective January 1, 1996, the statutory

financial assurance effective date becomes April 9,

1997 for local government MSWLFs, since privately

owned landfills have already been required to

maintain the assurance. See related item on P.A.

89-200 under

Recent Legislation

in this issue.)

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August-September, 1995/Page

August-September, 1995/Page 5

CLEAN-FUEL FLEET PROGRAM PROPOSAL

PROPOSED FOR SECOND NOTICE, R95-12

On July 7, 1995, the Board proposed rules for

Second Notice review by the Joint Committee on

Administrative Rules (JCAR) that would establish

clean-fuel fleet program requirements in Illinois.

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 Illinois EPA (Agency) filed its clean-fuel

proposal on March 30, 1995 as a Section 28.5 "fast-

track" rulemaking proposal. 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. A clean-fuel fleet program is

required for the Chicago metropolitan area, which

U.S. EPA has designated as a severe ozone

nonattainment area.

The Board proposed the regulations for First

Notice publication on April 6, 1995.

(See issue 494,

May, 1995.)

A notice of Proposed Amendments

appeared in the

Illinois Register

on April 28, 1995.

The Board conducted a public hearing on the

proposal on May 19, 1995, in Chicago. The Second

Notice period began on July 13, 1995, when JCAR

received the Second Notice Package. JCAR voted

No Objection to the proposed rules on August 15,

leaving the Board free to adopt rules at any time.

(Editor's note: As this issue was assembled, the

Board had adopted final rules on September 7, 1995.

See related article on Governor Edgar's amendatory

veto of Alternate Clean Fuel Act bill, SB 276 under

Recent Legislation

in this issue.)

The Board accepted the clean-fuel fleet program

rulemaking proposal 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.

Direct questions on the clean-fuel fleet program

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

Request copies of the Second Notice opinion and

order from Victoria Agyeman, at 312-814-3620.

Please refer to docket R95-12.

BOARD ACTS ON FEDERAL AMENDMENTS

TO THE DEFINITION OF VOM, R95-2 & R95-

16

On July 7, 1995, the Board adopted one set of

identical-in-substance amendments, under docket

number R95-2, to the definition of volatile organic

material (VOM) for the purposes of the air pollution

control regulations. At the same time, the Board

proposed another set of amendments under docket

R95-16. On August 3, 1995, the Board proposed

additional amendments to other definitions under

docket R95-16 for public comment in response to an

Illinois EPA (Agency) request. The R95-2 and R95-

16 amendments each respond to a separate federal

action exempting compounds from regulation for the

purposes of ozone control.

The adopted R95-2 amendments responded to a

October 5, 1994 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 included this amendment as the only federal

amendment that occurred in the update period July 1

through December 31, 1994. The action 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 alternative names are

p

-chlorotri-

fluoromethylbenzene or

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

emissions of this material 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. 496

Environmental Register No. 496

On March 16, 1995, the Board granted an Agency

request for expedited consideration of the R95-2

amendments. 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 initiated this action on April 20, 1995 by

proposing the amendments.

(See issue 494, May,

1995.)

A Notice of Proposed Amendments appeared

in the May 12, 1995

Illinois Register

. The Board

conducted one public hearing on the proposed rules,

as required by the federal Clean Air Act, on June

14, 1995 in Chicago.

The proposed R95-16 amendments responded

similarly to a June 16, 1995 U.S. EPA amendment

the federal definition to exclude acetone, whose

alternative names are 2-propanone and dimethyl-

ketone. This was as the only federal amendment that

occurred in the update period January 1 through June

30, 1995. The Board gave expedited consideration

to the June 6 federal amendments in the realization

of the importance of acetone as a wide-spread

industrial solvent.

On August 3, 1995, the Board proposed additional

amendments for public comment under docket R95-

16 in response to an Illinois EPA (Agency) request.

The Agency submitted a request for additional

amendments on July 18, 1995, asking the Board to

amend the definitions of "organic material",

"petroleum liquid", and "organic solvent" to exclude

acetone. The Agency stated that acetone would

remain subject to some segments of the volatile

organic material regulations unless also excluded

from those additional definitions. The Board

proposed the Agency-requested additional

amendments for the purposes of public comment,

specifically requesting comment on several issues

that the request raised. The 45-day public comment

period began when a Notice of Proposed

Amendments appears in the

Illinois Register

on

August 18, 1995. After which time, the Board will

be free to adopt amendments. The Board could

choose to conjunctively adopt the amendments of

July 7 with those of August 3, or it may choose to

proceed separately.

Direct questions to the hearing officer, Michael J.

McCambridge, at 312-814-6924. Request copies of

the proposed amendments from Victoria Agyeman,

at 312-814-3620. Please refer to docket R95-2 or

R95-16, as appropriate.

EXEMPTION FROM LANDFILL

REQUIREMENTS FOR DISPOSAL OF DEAD

ANIMALS PROPOSED FOR SECOND

NOTICE, R95-9

On August 24, 1995, the Board proposed

amendments to the Illinois landfill regulations

relating to the disposal of dead animals in Illinois for

Second Notice review by the Joint Committee on

Administrative Rules (JCAR). The amendments

would clarify the relationship between the Illinois

landfill regulations and the Illinois Dead Animal Act

(225 ILCS 610/1)

. To this end, the amendments

would add a definition of "dead animal disposal site"

and exclude such a site from regulation as a

municipal solid waste landfill (MSWLF) by

excluding it from the definition of a MSWLF.

MSWLFs are subject to regulation under the federal

RCRA Subtitle D rules and the Illinois landfill rules.

The Illinois Farm Bureau, Illinois Beef

Association, Illinois Lamb and Wool Producers,

Inc., Illinois Milk Producers Association, and

Illinois Pork Producers Association filed a petition

on February 2, 1995. The Board accepted the

petition on February 16, and conducted public

hearings on April 3, in DeKalb, and April 10, in

Springfield. The Board proposed the amendments

for First Notice on May 18, 1995, and a Notice of

Proposed Amendments appeared in the June 9, 1995

Illinois Register

.

The Second Notice Period began when JCAR

received the Second Notice package on August 28,

1995. The Board will be free to adopt the

amendments when the Second Notice period ends or

when JCAR submits a Certificate of No Objection,

whichever comes first.

(Editor's note: At the time

this issue was prepared, JCAR had voted No

Objection to the proposed amendments at its

September 12, 1995 meeting.)

Direct questions to Audrey Lozuk-Lawless, at

312-814-6923. Request copies of the Board's

opinion and order from Victoria Agyeman, at 312-

814-3620. Please refer to docket R95-9.

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August-September, 1995/Page

August-September, 1995/Page 7

SITE-SPECIFIC CYANIDE RULE PROPOSED

FOR FIRST NOTICE FOR MWRDGC, R95-14

On August 24, 1995, the Board proposed a site-

specific rule that would regulate the maximum

allowable cyanide content of the Metropolitan Water

Reclamation District of Greater Chicago

(MWRDGC) John E. Egan and James C. Kirie

treatment plant effluents. Associated proposed

amendments include changes to reflect the change in

the District's name to MWRDGC, which still

appears in the water pollution control regulations as

the Metropolitan Sanitary District of Greater

Chicago. The 45-day First Notice period will begin

when a Notice of Proposed amendments appears in

the

Illinois Register

. After the First Notice period

expires, the Board will be free to propose the

amendments for Second Notice review by the Joint

Committee on Administrative rules.

(Editor's note:

As this issue was prepared, a Notice of Proposed

Amendments appeared in the September 8, 1995

Illinois Register

.)

The proposed new weak acid dissociable (WAD)

cyanide standard of 10 micrograms per liter (

μ

g/l)

would apply to both plants instead of their respective

existing permitted limitations of 5.2 and 5.0

μ

g/l,

which were based on the existing state-wide general

use water quality standards. The MWRDGC posited

four basic justifications for the site-specific rule in

its April 28, 1995 petition. It first asserted that the

indigenous species used to calculate the state-wide

water quality standards are not relevant to the

streams receiving its effluents. MWRDGC stated

second that the use of WAD cyanide is not directly

associated with water toxicity. Third, the

MWRDGC maintained that chlorine interferes with

the WAD cyanide test. Finally, MWRDGC

contended that the present regulatory limits are at or

below the limit of detection for WAD cyanide.

Direct questions to Audrey Lozuk-Lawless, at

312-814-6923. Request copies of the Board's

opinion and order from Victoria Agyeman, at 312-

814-3620. Please refer to docket R95-14.

COMMONWEALTH EDISON PETITION FOR

SITE-SPECIFIC LANDFILL FINANCIAL

ASSURANCE REGULATION WITHDRAWN,

R94-30

On July 7, 1995, the Board granted voluntary

dismissal of a October 17, 1994 petition from

Commonwealth Edison Company (Com-Ed) for a

site-specific rule.

(See issue 490, Jan., 1995.)

The

petition sought a declaration that the Commonwealth

Edison Joliet/Lincoln Quarry facility, in Will

County, is a surface impoundment, and not a landfill

subject to the land pollution control (landfill)

regulations. In the alternative, Com-Ed sought site-

specific regulations relating to leachate management,

groundwater monitoring, and final cover

requirements at this facility. In seeking withdrawal,

Com-Ed stated that it had reached a compromise

with the Illinois EPA (Agency) for management of

the site and to address the elevated levels of

constituents in the groundwater at the site. Com-Ed

stated that issues remain, but that it intended to file

an amended petition for Board determinations on

those issues.

In the original petition Com-Ed stated that it has

placed over 11,000 tons of bottom ash and slag from

two coal-fired generating stations each year in the

facility, and has held a landfill permit for the facility

for several years. Under the landfill amendments of

1990, Com-Ed notified the Agency that it intended

to close the facility by September 18, 1997 (within

seven years of the effective date of the amendments),

but it has since reconsidered this decision due to the

remaining capacity of the facility. Com-Ed initially

sought a declaration that the facility is a surface

impoundment to avoid compliance with the 1990

landfill amendments, which the site concededly

cannot meet.

Direct questions to Kevin Desharnais, at 312-814-

6926. Please refer to docket R94-30.

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/ August-September, 1995

Environmental Register No. 496

Environmental Register No. 496

LEGISLATIVE UPDATE

AMENDATORY VETO FOR "BROWNFIELDS"

BILL

Governor Jim Edgar amendatorily vetoed SB 46

and HB 544 with specific recommendations for

changes on August 18, 1995. SB 46 and HB 544 are

virtually identical bills relating to voluntary cleanup

of contaminated industrial sites ("brownfields").

The Governor returned the bills because he

recognized the need for a system for voluntary

brownfields remediation. He applauded those who

negotiated the bill's risk-based remediation of sites.

However, Governor Edgar felt that the legislation

went beyond the issue of brownfields remediation to

alter the liability scheme in non-voluntary situations

where the state must step forward to pursue

remediation. Although he felt such a change was

appropriate, the Governor felt it was irresponsible to

alter the state's remediation scheme without

addressing the far-reaching consequences. Governor

Edgar stated that the bills would have his approval

with certain enumerated revisions.

Governor Edgars' principal concern was that the

legislation would impede the state's ability to protect

human health and the environment, especially in

emergency situations. Without resolution of

threshold issues of liability and share, in his opinion,

lengthy delays in remediation could result. He

further felt that imposing the burden of proof for

causation and allocation of costs on the state and the

issues of orphan shares (those for whom there is no

identifiable responsible party) would result in fewer

cost recoveries and fewer or less complete cleanups

absent the state assuming responsibility. The

Governor stated that the state must first identify

adequate sources of funding for Illinois to have an

effective cleanup program.

The brownfields bills would repeal the existing

Section 22.2(m) and (n) provisions for contaminated

site cleanup in the Environmental Protection Act and

replace them with new Title XVII (Sections 58

through 58.12. The added provisions would

establish a risk-based system of remediation and

allocation of costs. No remediation would be

required to levels less than background levels unless

residential land use is involved and the Illinois EPA

(Agency) determines that the background level poses

an acute threat to human health or the environment.

If the background level is higher than a remediation

objective for residential use adopted by the Board,

no residential use of the property is allowed until the

residential use objective or an alternative risk-based

objective is first achieved.

The new law would establish a Site Investigation

and Remedial Activities Program administered by

the Agency for contaminated sites. Under the

amendments, any person, the "remediation

applicant" (or "RA"), may elect to initiate an

investigation and remediation of a site, with certain

exceptions--at least to the extent not allowed by

federal law: federal "Superfund" sites; state or

federal hazardous or solid waste treatment, storage,

and disposal facility sites; sites subject to state or

federal underground injection control regulations;

and sites where investigation or remediation is

required under a federal court or U.S. EPA order.

Under the new provisions, no permit would be

required to undertake remedial actions except as

required by federal law. Rather, the RA would be

required to prepare remediation objectives and

remediation objectives completion reports at the

prescribed times in the process, and the RA could

either enter into an agreement to have the Agency

review the reports, as a paid-for service, or the RA

may contract with an independent "review and

evaluation licensed professional engineer" (or

"RELPE") to conduct the review on behalf of the

Agency, with the authority to approve or disapprove

reserved to the Agency. Agency disapprovals or

approvals with conditions or an Agency failure to

timely render a determination are appealable to the

Board.

The Agency must issue a "No Further Action

Letter" after it approves a completion report, and the

Agency may condition future uses of the property

through the Letter. The No Further Action Letter

constitutes prima facie evidence that the site does not

constitute further threat to human health or the

environment and does not require further

remediation, so long as the land is used in

accordance with the terms of the Letter. The RA

must submit that letter to the Registrar of Deeds for

the appropriate county for recordation, so that the

letter becomes a permanent part of the chain of title

for the affected property.

The No Further Action Letter can insulate the RA

and others who have or acquire an interest in the

property from further liability: the owner or

operator, parents and subsidiaries of the owner, any

co-owners, holders of any beneficial interest,

mortgagees, transferees, heirs and legatees, etc.

Some actions that can result in the voiding of the

Letter include a failure to adhere to conditions in the

letter, such as a violation of any land use

restrictions, failure to maintain and operate any

preventative or engineering controls, the disturbance

of any contamination left in place, fraud or

misrepresentation in obtaining the Letter, a

discovery of additional contamination, the failure to

record the Letter, etc. The voiding of a Letter is

accomplished by a notice from the Agency, with the

possibility of an appeal to the Board.

The new Title XVII provisions require the Agency

to propose and the Board to adopt regulations

governing various aspects of site remediation. The

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Agency must submit proposed regulations for Board

consideration within nine months, and the Board

must adopt regulations within another nine months.

The regulations will relate to site remediation

objectives and alternative risk-base objectives and

procedures for assembling and reviewing site

investigation and remediation plans and reports.

The new law would create a Site Recommendation

Advisory Committee, consisting of one member

from each of seven identified industry and

professional groups and one each selected by the

Agency from an environmental advocacy group, a

community development corporation, and a public

interest community group. The Committee will

make recommendations regarding state laws and

regulations relating to site remediation. It will also

recommendations relating to review and approval of

site remediations and Illinois' efforts to implement

Title XVII.

The provision that Governor Edgar would strike

related to apportionment of liability and would have

limited the ability to seek contribution for remedial

action or to compel remedial action under certain

circumstances. By its terms, Section 58.9 would

have broadly applied to remedial actions outside the

scope of new Title XVII. It would have limited the

recovery of costs to the individual's proportionate

share of responsibility for the release occasioning

remedial action, and it would have inhibited the

state's ability to compel action and barred recovery

from a person who was not materially responsible;

from a landlord that did not have actual or

constructive knowledge of the acts or omissions that

caused the release; and from the state, a unit of local

government, a financial institution, or a corporate

fiduciary that acquires an interest in the property,

unless it exercised managerial control in the site that

caused the release. Section 58.9 would also have

required the Agency to submit notice of any need to

conduct remedial action and, together with that

person, to determine the proportionate share of

liability for the action.

There was only one substantive difference between

SB 46 and HB 544. That was a HB 544 addition to

Section 22.2(j)(6)(E)(iii) that would add "industrial

hygienists" to the list of examples of an

"environmental professional". It would further add a

"licensed industrial hygienist" to the list of those

"environmental professional" entities for which

professional liability insurance is not required.

Under Section 22.(j), a person acquiring a property

may create a presumption against later claims for

reimbursement of remedial costs incurred at the

property for contamination that occurred prior to the

site acquisition. To create the presumption, the

purchaser must have undertaken Phase I and Phase II

environmental audits of the property without

disclosing contamination or potential contamination

at the site. The person who performed the audit

must have been an "environmental professional".

The statute requires environmental professionals who

are not licensed professional engineers to maintain

professional liability insurance in the amount of

$500,000.

(Editor's note: The General Assembly will have

an opportunity to consider Governor Edgar's veto

when it reconvenes this Fall. An override would

require 71 votes in the House of Representatives and

36 votes in the Senate on either of the two bills.

Acceptance of the Governor's recommendations

would require 60 votes in the House and 30 votes in

the Senate. Both bills passed last May, with over 90

AMENDATORY VETO FOR "CLEAN FUELS"

BILL

Governor Jim Edgar amendatorily vetoed SB 276

with specific recommendations for changes on July

21, 1995. SB 276, called the Clean Alternate Fuels

Act, relates to the state promoting and encouraging

the use of alternative cleaner burning fuels in fleet

vehicles. The Governor returned the bill because he

recognized that it would expand the use of

alternative fuels and lead to cleaner air. However,

Governor Edgar felt that small businesses would not

be in a position to benefit from the program that the

legislation would establish. He further felt that the

legislation should assign the task of collecting fees to

the Secretary of State, rather than the Illinois EPA

(Agency). The Governor's final concern was that

the bill should go further to encourage the

development of alternative fuel fueling stations

throughout the state. Governor Edgar stated that the

bill would have his approval with certain enumerated

revisions.

Governor Edgars' principal concern was that

larger corporations would have the resources to

move rapidly to take advantage of funds that the

legislation would make available on a first-come,

first-served basis. He stated that the limited funds

available would then be rapidly consumed by a small

group of fleet operators. The Governor

recommended that the Alternate Fuels Advisory

Board be authorized to provide incentives for small

businesses and small fleet operators. He further

recommended the deletion of the "first-come, first-

served" language in the bill, in order to assure that

small businesses have a fair chance of obtaining

available grants.

Governor Edgar also believed that the bill's

provision for Agency collection of the specified fee

from fleet operators charged that task to a state

agency that was ill-equipped to deal with it. He

stated that the bill would force the Agency to collect

the fee by mail and that the Agency lacked

enforcement authority under the bill to deal with

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Environmental Register No. 496

Environmental Register No. 496

non-responders. Governor Edgar stated that he felt

the Secretary of State's office would be in a better

position to collect the fees and administer the

program.

Finally, Governor Edgar stated that the bill should

do more to further its objective of encouraging the

development of public alternative fuel fueling

stations. He believed that the Bill should authorize

the Alternate Fuels Advisory Board to provide grants

that provide for contractual partnerships between

fleet owners and operators and the fuel servicing

industry. The partnerships would assure that the

funds available from the fleet owner fee would be

used to establish alternative fuel servicing stations.

The Alternate Clean Fuels Act would establish a

program for issuing rebates to owners of alternative

fuel vehicles in the Chicago metropolitan area to

help cover the cost of vehicle conversion, the

original equipment manufacturer cost differential, or

the fuel cost differential. Rebate funds would be

available on first-come, first-served basis. Through

the rebate program, a fleet owner could recover up

to $4,000 per vehicle for up to 150 vehicles per

location or for a total of 300 vehicles. Vehicles

owned by the federal government and those

registered outside Illinois would not be eligible for

rebates. The Alternate Clean Fuels Act would define

an alternative fuel as liquified petroleum gas (LPG),

compressed natural gas (CNG), minimum 80%

ethanol, bio-based methanol, biomass-derived fuel,

or electricity.

To fund the rebates, the bill would create the

Alternate Fuels Fund and impose user fees on

owners to fund the rebate program. The bill would

charge the Agency with the function of collecting the

$20 per vehicle fee from owners of fleets of 10 or

more vehicles in the Chicago metropolitan area.

State, county, and local government vehicles, rental

vehicles, antique vehicles, electric vehicles, and

motorcycles would be exempt from the fee. The

fees would apply in fiscal years 1996 through 1999

(i.e., until June 30, 2000). Four-fifths of the funds

received would be appropriated to the rebate

program, and one-fifth to an ethanol fuel research

program under the direction of the Agency. That

research program, which would expire in 2000 or

when funds are no longer available, would seek ways

to reduce the costs of producing ethanol fuels, new

ethanol engine technologies, and ethanol refueling

systems to increase the viability of ethanol fuels.

The new law would create a nine-member

Alternate Fuels Advisory Board, with eight members

appointed by the Governor and chaired by the

Director of the Agency. The Board would comprise

two members from each of the ethanol and natural

gas industries; one member from each of the liquid

petroleum, electric, and heavy duty engine

manufacturing industries; and one member from

among private fleet operators. The Committee will

make recommendations for Agency regulations to

implement the ethanol research and fleet conversion

rebate provisions of the bill.

The Alternate Clean Fuels Act would mandate that

the Agency dedicate sufficient resources to

implement the program and promulgate rules to

achieve certain objectives within 90 days of

becoming law. The regulations and resources would

relate to the ethanol research program and the fleet

conversion rebate program.

(Editor's note: The General Assembly will have

an opportunity to consider Governor Edgar's veto

when it reconvenes this Fall. An override would

require 71 votes in the House of Representatives and

36 votes in the Senate on either of the two bills.

Acceptance of the Governor's recommendations

would require 60 votes in the House and 30 votes in

the Senate. The bill passed last May, with 107 votes

in the House and 53 votes in the Senate. See related

article on proposed Clean Fuel Fleet Program, R95-

12, under

Rulemaking Update

GOVERNOR EDGAR SIGNS NEW

LEGISLATION

Following the recent end of the legislative session,

Governor Jim Edgar signed various bills into law.

The effects of these on the Environmental Protection

Act (Act) are briefly described below:

P.A. 89-79

(formerly SB 461), signed and effective

on June 30, 1995, made a number of amendments:

♦

Bakery oven emissions: It amended Section 10 of

the Act to expressly nullify certain

regulations pertaining to volatile organic

materials regulations from bakery ovens in

the Chicago metropolitan area.

♦

Distilled spirits packaging: It amended the toxic

packaging reduction provision of Section 21.5

to exclude wine or distilled spirits containers

bottled prior to July 1, 1994, rather than the

former exclusion for wine containers

delivered to a manufacturer or distributor

prior to that date.

♦

Limitations on Appropriations to the Board: It

removed from Section 22.8 the $550,000 cap

on appropriations to the Board from the

Environmental Protection Permit and

Inspection Fund. It removes from Section

39.5 the $400,000 cap on appropriations to

the Board from the CAA Permit Fund. It

corrected a cross-reference in the fee

collection and appropriations provision to the

core Fund provision.

P.A. 89-93

(formerly SB 327), signed and effective

on July 6, 1995, amended the Act to foster

utilization of coal combustion by-products for

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11

various applications. Among the amendments to the

Environmental Protection act are the following

(see

below for corresponding amendments to other

statutes)

:

♦

It added a definition of "coal combustion by-

products" (defining it as "coal combustion

waste" that is beneficially used for certain

purposes, including materials extraction or

recovery; use as a filler or raw material for

making cement and concrete; certain use as

anti-skid material or for athletic tracks or

footpaths; use as a substitute for lime in soil

modification or conditioning; use as a

pavement base, pipe bedding, or backfill

material; use in mine reclamation, fire

control, or subsidence; etc.

♦

It excluded coal combustion by-products from the

definition of "waste" (and, hence, from

regulation as waste).

♦

It amended the definition of "coal combustion

waste" to increase the former 10 percent

limitation on the amount of fuel grade

petroleum coke content of mixtures

containing other fossil fuel to 20 percent; to

allow mixtures to contain materials other than

fossil fuel, wood, and/or tires; and to relate

an Agnecy determination under Section 21(r)

that the storage or disposal of waste from

combustion of coal mixtures would result in

no greater environmental impact than the

storage or disposal of the wastes from

combustion of coal alone and that such

storage or disposal would not violate federal

law.

♦

It excluded certain sites and facilities using coal

combustion waste for stabilization and

treatment of on-site generated waste from the

definition of "pollution control facility" (and,

hence, from the local siting approval

requirements of Section 39.2).

♦

It substituted "coal combustion by-product" for

"coal combustion waste" in all the

prohibitions and substantive requirements of

Section 21 and from the 1987 through 1988

landfill fee exclusion from Section 22.15.

P.A. 89-94

(formerly SB 448), signed and effective

on July 6, 1995, amended Section 22.2 of the Act to

make an owner or operator not liable for recovery of

corrective action costs for a release of pesticide if the

owner or operator has given notice under the Illinois

Pesticide Act

(415 ILCS 60)

and is proceeding with

an Agency-endorsed corrective action under that

statute or for a substantial threat of a release if the

owner or operator has given notice and is pursuing

corrective action under that statute.

(See below for

corresponding amendments to other statutes.)

P.A. 89-101

(formerly SB 68), signed and effective

on July 7, 1995, amended Section 22.16b of the Act

to require the Agency to deny an air permit for

construction, development, or operation of a

municipal waste incinerator if it finds that the

application for permit does not comply with

applicable law or the application indicates that the

facility would not achieve mandated air emissions

requirements within six months of beginning

operation. It further amended Section 22.2b to

expressly exclude a person seeking a construction or

development permit for a new municipal waste

incinerator or waste-to-energy facility from the

ability of the state to grant a prospective purchaser

of real property a limit of liability for corrective

costs under Section 22.2.

P.A. 89-102

(formerly SB 84), signed and effective

on July 7, 1995, amended Section 39.2 of the Act to

remove the inapplicability within counties having a

population greater than 3,000,000 persons

(i.e.,

Cook County)

.

P.A. 89-122

(formerly SB 789), signed and effective

on July 7, 1995, amended Section 3.47 of the Act to

exclude from the definition of "storage site" those

facilities that accept or receive waste in transfer

containers, where the waste is not removed from the

containers; those that accept or receive open-top

containers containing only clean construction or

demolition debris; and facilities that store waste in a

completely covered or enclosed refuse motor vehicle

or in the container for such a vehicle for no longer

than 24 hours.

P.A. 89-143

(formerly SB 231), signed and effective

on July 14, 1995,

inter alia

, amended Section 22.14

of the Act to exempt municipal waste processing and

transfer facilities in existence on January 1, 1998 and

expanded prior to January 1, 1990 from residential

property setback restrictions, but imposing the

limitation on such facilities that they no longer

recieve loads of mixed municipal solid waste and

landscape waste.

P.A. 89-158

(formerly SB 107), signed July 19,

1995 and effective January 1, 1996, amended the

remedial action recovery provisions of Section 22.2

of the Act to exclude from the definition of "owner

or operator", and, thus, from cost recovery liability,

the state or a unit of local government that obtained

the property through bankruptcy, tax delinquency,

abandonment, or any other means by virtue of its

position as sovereign. Rather, the amendments

identify the person who owned, operated, or

controlled a facility immediately before the

acquisition as the owner or operator for the purposes

of recovery.

P.A. 89-164

(formerly SB 214), signed and effective

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Environmental Register No. 496

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July 19, 1995, added Section 22.2c to the Act. It

provides for issuance of an injunction to effect

remediation of adjoining land or to complete

remediation of a site contaminated with hazardous

substances or petroleum products, where the

adjoining land owner does not willingly submit to

entry onto the land. It allows the court issuing the

injunction to condition the entry, to award damages

for the entry, and to require the posting of a bond to

secure performance and payment.

P.A. 89-173

(formerly SB 460), signed and effective

on July 19, 1995, added Section 9.8 to the Act.

This provision broadly establishes the framework for

air emissions trading in Illinois. It mandates that the

Illinois EPA (Agency) must design an emissions

market system to aid the state in achieving the

emissions reduction goals of the federal Clean Air

Act Amendments of 1990. The Agency is to

assemble the market system into proposed

regulations for filing with the Board, to

accommodate emissions reduction, banking, and

trading among sources. New Section 9.8 authorizes

emissions trading among sources involved in the

emissions market system in compliance with the

regulations to be ultimately adopted by the Board.

P.A. 89-200

(formerly SB 629), signed July 21,

1995 and effective January 1, 1996, made several

amendments to the Act.

♦

Landfill financial assurance: It amended Section

21.1(a.5) and (b) to change the effective date

by which financial assurance will be required

of all landfills except those operated by the

state. The former effective date set forth was

April 9, 1995; the new date is "the effective

date established by [U.S. EPA] for MSWLF

units . . . under Subtitle D of [RCRA]". The

amendments also added language to

subsection (a.5) that effectively supercedes

the "Illinois-regulated" restriction found in 35

Ill. Adm. Code 807 and 811, relating to non-

hazardous waste landfill closure and post-

closure care insurance.

(Ed itor's note: U.S.

EPA amended the effective date to April 9,

1997 in the April 7, 1995

Federal Register

.

See issue 494, May, 1995. The Board

adopted amendments to effect the changes in

docket R95-13 on August 3, 1995. See

related item under

Rulemaking Update

in this

issue.)

♦

Expiration of landfill siting approvals: It extended

from two years to three the time during

which a local approval of land fill siting

remains valid. It did not affect the duration

as to local approvals of other types of

facilities.

♦

Used tire management: It added definitions of

"recyclable tire", "tire carcass", "tire derived

fuel", "tire retreader", "tire storage unit", and

"tire transporter" to the Title XIV used tire

provisions. It also amended Section 54.12 to

exempt certain retail tire sellers from the

definition of "tire storage site". To qualify

for the exemption, the retailer must maintain

fewer than 1300 tires on the site, and those

tires must be kept in a building so they do not

accumulate water.

♦

Underground storage tanks: It added Section

57.12A, relating to lender liability. Under

this provision and with certain limitations, a

person who holds indicia of ownership

without participating in management of a

facility, tank, or tank system to protect its

security interest is not an owner or operator

of the facility. Rather, the person that

formerly owned or operated the facility is

deemed the owner or operator.

P.A. 89-300

(formerly HB 358), signed August 11,

1995 and effective on January 1, 1996, added

Section 22.47 of the Act, which requires the Illinois

EPA to establish a program for private collection

and disposal of "hazardous educational waste" from

schools and school districts throughout the state at

least every three years. "Hazardous educational

waste" is defined to include waste generated from an

instructional curriculaum that could pose a hazard

during normal storage, transportation, or disposal.

Waste generated from building, grounds, or vehicle

maintenance; asbestos or lead paint abatement; or

other non-curriculum activities is expressly

excluded.

P.A. 89-328

(formerly HB 412), signed and effective

on August 17, 1995, amended Section 9(f) of the Act

to exempt certain major dump-pit areas at grain

elevators from the dump-pit area requirements of the

particulate emissions requirements of the Air

Pollution Control regulations, The exemption

applies to those dump-pit areas of 2,000,000 bushels

or less annual grain throughput, so long as the

dump-pit area does not violate the general statutory

prohibition against air pollution and violating air

pollution control regulations. Major dump-pit areas

constructed after June 30, 1975 must additionally be

located outside a major population area and at least

1,000 feet from any residential or populated area to

qualify for the exemption.

P.A. 89-336

(formerly HB 929), signed and effective

on August 17, 1995, amended Section 22.14(b) of

the Act to exclude municipal waste processing and

tranfer facilities in existence on January 1, 1988 and

expanded before January 1, 1990 from the general

prohibition against location within 1,000 feet of

residentially-zoned property or any dwelling.

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13

(Editor's note: This bill also included amendments

to the Illinois Nuclear Safety Preparedness Act, 420

ILCS 5, relating to appropriations to the Illinois

Emergency Management Agency.)

P.A. 89-368

(formerly HB 729), signed August 18,

1995 and effective on January 1, 1996, added

Section 17.8 to the Act to authorize the Agency to

establish a program for laboratory certification and

to assess a fee from each laboratory seeking

certification (with state- and municipally-run

laboratories exempted from payment of the fee).

(Editor's note: A corresponding amendment of the

State Finance Act added the Environmental

Laboratory Certification Fund.) (See below for

amendments to another statute.)

Other bills of interest that the Governor recently

signed which amended statutes other than the

Environmental Protection Act are as follows:

P.A. 89-50

(formerly SB 336), signed June 29, 1995

and effective July 1, 1995, the Department of

Natural Resources Act

(20 ILCS 801)

, consolidates

the majority of the functions of the Department of

Energy and Natural Resources, the Department of

Mines and Minerals, the Abandoned Mined Lands

Reclamation Council, and the Division of Water

Resources fo the Department of Transportation into

the new Department of Natural Resources.

Recycling functions were tranferred to the

Department Commerce and Community Affairs and

the Historic Preservation Agency.

(Editor's note:

This action ratified the Governor's proclamation of

Executive Order 95-2, dated March 1, 1995. See

issue 492, Mar., 1995. Later "cleanup" legislation

is reported as following in the upcoming session.)

P.A. 89-68

formerly SB 364), signed June 30, 1995

and effective January 1, 1996, amended Section 60

of the Employee Commute Options Act

(625 ILCS

32/60)

to prohibit the Department of Transportation

from enforcing the statute unless and until U.S. EPA

threatens the state with sanctions under the federal

Clean Air Act.

P.A. 89-86

(formerly SB 830), signed and effective

on June 30, 1995,

inter alia

, amended Section 2a of

the Open Meetings Act

5 ILCS 120)

to allow a

public body to notice a closed meeting by

announcement at an open meeting and Section 2.02

to require the posting of an agenda for any meeting

at both the public body's principal office and at the

location where the meeting is to occur.

P.A. 89-93

(formerly SB 327), signed and effective

on July 6, 1995, amended the Natural Resources Act

(20 ILCS 1105)

and the Civil Administrative Code

(20 ILCS 1905)

, to require the Department of Mines

and Minerals (now the Department of Natural

Resources--

see P.A. 89-50 above

) to develop

methods and standards for utilization of coal

combustion by-products for various applications,

such as soil benefaction, stabilization, and

controlling acid mine drainage in previously-mined

areas and in road-building materials.

(See above for

corresponding amendments to the Environmental

Protection Act.)

P.A. 89-94

(formerly SB 448), signed and effective

on July 6, 1995, amended the Illinois Pesticide Act

(415 ILCS 60)

to require the Department of

Agriculture to establish and implement an

Agrichemical Facility Response Action Program that

will guide assessing the threat of pesticide-

contamination of soil to groundwater and to establish

a voluntary, risk-based corrective action program to

protect groundwater.

(Editor's note: The

Agrichemical Response Program is structured

somewhat similarly to the "brownfields" program

that SB 46 and HB 544 would add to the

Environmental Protection Act. See accompanying

item on the Governor's amendatory veto.)

  

(See

above for corresponding amendments to the

Environmental Protection Act.)

P.A. 89-99

(formerly SB 48), signed and effective

on July 7, 1995, amended the Public Utilities Act

(220 ILCS 5)

to exempt Clean Air Act emissions

trading from the requirement for a prior hearing

before the Illinois Commerce Commission.

P.A. 89-123

(formerly SB 995), signed July 7, 1995

and effective on January 1, 1996, added a definition

of "paralegal" to the Statute on Statutes

(5 ILCS 70)

that further provides that any reference in any statute

to attorney fees includes paralegal fees, which are

recoverable at market rates.

P.A. 89-161

(formerly SB 162), signed and effective

on July 19, 1995, amended Section 2 of the Gasoline

Storage Act

(430 ILCS 15/2)

to require that

underground and aboveground storage tanks comply

with local zoning. The amendments also allow

municipalities to enforce zoning as to aboveground

tanks.

P.A. 89-368

(formerly HB 729), signed August 18,

1995 and effective on January 1, 1996, amended

Section 5b of the Illinois Water Well Construction

Code

(415 ILCS 30)

pertaining to local regulation of

water wells. The amendments further condition the

issuance of local permits for well construction on the

local ordinance requiring the permit to include the

depth of the well and aquifer involved, to require

notification of the unit of local goverment of any

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Environmental Register No. 496

Environmental Register No. 496

subsequent lowering of the well, and for the unit of

local government to maintain certain records relating

to permit applications and subsequent notices, open

to public inspection. An associated amendment

requires units of local government to include in the

information forwarded to the Department of Public

Health, upon issuance of a permit or receipt of a

notice, the well depth and the aquifer involved.

(See

above for accompanying amendments to the

Environmental Protection Act.)

FOR YOUR INFORMATION

AGENCY TO CONDUCT OGLESBY PM

10

MAINTENANCE PLAN SIP HEARING

The Illinois EPA (Agency) will conduct a public

hearing on the proposed revision of the Oglesby

PM

10

nonattainment area state implementation plan

(SIP). Under Illinois EPA File 464-95, the Agency

is proposing to request that U.S. EPA redesignate

that Oglesby area from nonattainment to attainment

for particulate matter emissions of less than 10

microns in size (PM

10

). The proposed SIP revision

includes a maintenance plan, as required under

federal law. The hearing is scheduled for 11:00

a.m., Friday, September 22, 1995, at Room C-316,

Illinois Valley Community College, 815 North

Orlando Smith Avenue, Oglesby.

The Agency will conduct the hearing according to

its procedural rules

(35 Ill. Adm. Code 164)

. The

hearing record will close on Monday, October 23,

1995. Interested persons may contact Rachel

Doctors, Illinois EPA, P.O. Box 19276, Springfield

62794-9276 (phone 217-524-3333) with questions

on or to request copies of the proposed revision and

maintenance plan. Direct comments to John

Williams, Hearing Officer, Illinois EPA, P.O. Box

19276, Springfield 62794-9276 (phone 217-782-

5544).

WATERWAYS CRUISE AND

ENVIRONMENTAL WORKSHOP

EILEEN JOHNSTON is organizing another

waterways cruise and floating seminar on September

30, 1995. The floating seminar is on the Wendella,

along the Chicago waterways and the shore of Lake

Michigan. A fuller description and a reservation

order form appears on Page 35 of this Issue.

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 22 such actions:

U.S. EPA Approval of Illinois PM

10

Contingency

Rules

On July 13, 1995 (60 Fed. Reg. 36060), U.S.

EPA adopted a direct final rule that approves the

Illinois state implementation plan (SIP) for

particulate matter less than or equal to 10 microns

diameter (PM

10

) contingency measures. The Board

adopted the PM

10

contingency measures regulations

on June 23, 1994, in docket R93-30. The PM

10

contingency measures are a set of rules that go into

effect under certain conditions after exceedance of

the national ambient air quality standard (NAAQS)

for PM

10

. The federal approval of the Illinois SIP

will become effective September 11, 1995 unless

U.S. EPA earlier affirmatively delays the effective

date in a

Federal Register

notice due to public

comments received in response to a simultaneously-

published notice of proposed rule (60 Fed. Reg.

36082).

The federal Clean Air Act Amendments of 1990

require the states to establish PM

10

contingency

measures for areas that have not attained the

NAAQS for PM

10

. In Illinois, U.S. EPA has

designated segments of Lyons Township and the

Lake Calumet areas in Cook County, the Oglesby

area in LaSalle County, and Granite City and

Nameoki Townships in Madison County as moderate

nonattainment for PM

10

. Federal law requires the

PM

10

contingency measures to go into effect within

60 days of when U.S. EPA determines that an area

has failed to make reasonable further progress or has

failed to timely attain the NAAQS. Federal law

requires that the contingency measures must go into

effect with minimal further administrative and no

further rulemaking action.

The Illinois PM

10

contingency measures

regulations required all sources of 15 tons per year

or more of PM

10

in the affected areas to submit two

levels of contingency measure plans to the Agency

by November 15, 1994. The Level I plans were to

contain measures that would reduce fugitive PM

10

emissions by at least 15 percent. The level II plans

were to contain measures that would reduce the

emissions by 25 percent. Following an exceedance

of the 24-hour PM

10

NAAQS, the Agency is required

to determine the source or sources most likely

responsible and, depending on the severity of the

exceedance, to notify the responsible source(s) to

implement the level I or level II measures within 90

days. Alternatively, upon notification by U.S. EPA

that an area has failed to attain the PM

10

NAAQS or

make reasonable further progress towards

attainment, all sources in the affected area must

implement the level II measures within 60 days.

U.S. EPA approval of P & S, Inc. Stage II

Variance

On July 13, 1995 (60 Fed. Reg. 36060), U.S.

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15

EPA adopted a direct final rule that approves the

Illinois state implementation plan (SIP) revision for a

variance granted to P & S, Inc. The Board granted

this DuPage County facility a 17-month variance

from the Stage II vapor recovery requirements on

February 16, 1995 in docket PCB 94-299. U.S.

EPA granted the approval because P & S

demonstrated that immediate compliance would

impose an arbitrary and unreasonable hardship. The

State of Illinois is upgrading the roads near the

station, and it is anticipated that P & S will have to

relocate its underground storage tanks as a result of

the construction. Immediate installation of Stage II

equipment would require a second installation after

road construction is completed. The federal

approval of the Illinois SIP revision will become

effective September 11, 1995 unless U.S. EPA

earlier affirmatively delays the effective date in a

Federal Register

notice due to public comments

received in response to a simultaneously-published

notice of proposed rule (60 Fed. Reg. 36082).

Stratospheric Ozone: Significant New

Alternatives Policy (SNAP)

On July 28, 1995 (at 60 Fed. Reg. 38729), U.S.

EPA amended the Significant New Alternatives

Policy (SNAP) in the stratospheric ozone protection

rules. The amendments incorporated an updated

listing of restrictions and prohibitions for substances

used to substitute for ozone-depleting substances.

Under the SNAP program, adopted under section

612 of the Clean Air Act, this listing indicates the

acceptable and unacceptable substitutes and

conditions on substitution for ozone-depleting

substances in particular uses. U.S. EPA evaluates

risks to human health and the environment in

assembling the listings.

Approval of Additional CWA Analytical Methods

On August 2, 1995 (60 Fed. Reg. 39586), U.S.

EPA approved an additional analytical test method

for chlorinated pesticides and PCBs in water. U.S.

EPA amended 40 CFR 136 to accommodate the

amendments. The method is a disk extraction

procedure.

Open Market Trading Rule for Ozone Precursors

On August 4, 1995 (60 Fed. Reg. 39668), U.S.

EPA issued a proposed policy statement and model

rule to allow open market trading in ozone precursor

emissions. It would allow all types of sources to

freely trade emissions allowances to achieve

compliance without requiring submission of a state

implementation plan (SIP) submission for each

individual trade. The model rule is one that states

could employ or vary (with federal review and

approval) to allow the trading among sources. The

policy shifts the government's role to prior SIP

approval of trades of discrete emission reductions

(DERs) to after-the-fact scrutiny during compliance

determinations. U.S. EPA stated that DERs would

become a compliance product similar to emissions

control equipment, and the DER-using source would

be responsible for compliance just as if it employed

controls.

U.S. EPA imposed a public comment cutoff date

of October 2, 1995 on its proposal. U.S. EPA will

conduct a public hearing on the proposal on August

31, 1995 at an undisclosed location. I have a copy

of this proposed federal action available for anyone

interested in obtaining one.

Phase II Stormwater Discharge Permits

On August 7, 1995 (60 Fed. Reg. 40230), U.S.

EPA adopted Phase II stormwater discharge permit

regulations based on an April 7, 1995 proposal and

simultaneously withdrew the direct final rule of

April 7.

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

stormwater point source discharges into two tiers.

They allow the permitting authority (state) to require

permits of first tier dischargers, which include those

Phase II discharges that the state determines are

either contributing to water quality violations or

significant pollutants to the stream. U.S. EPA

anticipates that the number of first tier dischargers

will be small because most were included under the

Phase I regulations. The Phase II dischargers of

which the state demands a permit application must

apply for a permit within 180 days of notice by the

state.

The second tier dischargers include all other Phase

II dischargers. These must apply within six years of

the effective date of the regulations (August 7,

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

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Environmental Register No. 496

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 established its Phase I NPDES

stormwater discharge requirements on November 16,

1990 (55 Fed. Reg. 47990). It established permit

application requirements for categories of discharges

similar to those in the statutory exclusion: (1) large

and medium municipal separate stormwater systems

(MS4), (2) those issued a permit before February 4,

1987, (3) discharges associated with industrial

activity (separated into 11 categories), and (4) those

discharges designated by the permitting authority

(U.S. EPA or the state). It amended the regulations

on December 18, 1992 (57 Fed. Reg. 60444) in

response to

NRDC v. EPA

, 966 F.2d 1292 (9th Cir.

1992), to exclude two of the industrial categories,

construction activities affecting less than five acres

and light industrial activity without exposure to

stormwater.

U.S. EPA said that it is attempting to seek

alternative control strategies with greater stakeholder

involvement. U.S. EPA is under a court order, in

NRDC v. Browner

, No. 95-634 (D.D.C. Apr. 6,

1995), to propose supplemental, more detailed Phase

II rules by September 1, 1997, possibly imposing

NPDES discharge requirements, and to refine the

Phase I rules. The judicial order requires the

adoption of these more detailed rules by March 1,

1999.

Leak Repair Requirements for Industrial Process

Refrigeration Systems

On August 8, 1995 (60 Fed. Reg. 40420) U.S.

EPA adopted leak repair requirements under section

608 of the Clean Air Act (CAA) (stratospheric ozone

depletion) pertaining to the repair of leaks in

industrial process refrigeration equipment. The rules

are pursuant to a settlement agreement with the

Chemical Manufacturer's Association (CMA).

Effective July 1, 1992, a prohibition went into

effect on the venting during the service, repair,

maintenance, and disposal of class I and class II

substances (56 Fed. Reg. 2420, Jan. 22, 1991).

U.S. EPA adopted CAA § 608 regulations on May

14, 1993 (58 Fed. Reg. 28660) relating to recycling

ozone-depleting refrigerants during the servicing and

disposal of air-conditioning and refrigeration

equipment. Subsequent amendments occurred (59

Fed. Reg. 42950, Aug. 19, 1994; 59 Fed. Reg.

55912, Nov. 9, 1994; 60 Fed. Reg. 14607, Mar. 17,

1995).

The existing rules include requirements for service

practices, equipment and reclamation certification

requirements, technician certification requirements,

and a requirement for refrigerant removal before

equipment disposal. They also include leak repair

requirements applicable to equipment containing 50

pounds or more of a class I or class II substance,

allowing an annualized leak rate of 35% for

commercial and industrial cooling equipment and

15% for comfort cooling equipment and requiring

the owner to repair greater leaks within 30 days or

replace or retrofit the equipment within one year

according to a plan devised within the 30 days.

The August 8, 1995 amendments allow the owner

or operator of industrial process equipment longer

than 30 days to repair or one year to retrofit or

replace leaking equipment under certain conditions.

First, the 30-day deadline is extended to 120 days if

a process shutdown is necessary to make the repairs.

Second, the 30-day (or 120-day) deadline is also

extended to the extent required repair parts are

unavailable or compliance with federal, state, or

local regulations delay making the repairs. The one-

year deadline is extended to the extent required due

to compliance with federal, state, and local

regulations or the unavailability of alternative

refrigerant with a lower ozone-depleting potential, or

by up to an additional year where the equipment is

custom-built, there is an equipment delivery time of

30 weeks or more, and the owner or operator makes

timely notification of the delay and maintains the

appropriate records.

Others of the August 8, 1995 amendments clarify

that the owner's or operator's obliged to do no more

than reduce the leak rate to less than the threshold

(35% or 15%) rates, they extend the deadline for

repair for certain federally-owned equipment located

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17

in areas subject to radiological contamination, and

they allow evacuation of equipment to slightly above

ambient pressure (5 psig maximum) or use of a

receiver at slightly above ambient to perform

equipment oil changes.

Revised Air Quality Model Guideline

On August 9, 1995 (60 Fed. Reg. 40465), U.S.

EPA adopted amendments effective September 8,

1995 to the "Guideline on Air Quality Models

(Revised)", previously codified as 40 CFR 51,

appendix W. The amendments add a supplement C

to the Guideline, which incorporates improved

algorithms for treatment of area sources and dry

deposition in the Industrial Source Complex (ISC)

model, adopts a solar radiation/delta-T (SRDT)

method for estimating atmospheric stability

categories, adopts a new screening approach for

assessment of annual nitrogen dioxide (NO

2

)

impacts, and adds SLAB and HGSYSTEM ver. 3.0

as alternative models.

Availability of On-Board Diagnostic System

Repair Information

On August 9, 1995 (60 Fed. Reg. 40474), U.S.

EPA adopted regulations effective December 7, 1995

that require manufacturers to make emission-related

service information available for all 1994 and later

model years light-duty vehicles and light-duty

trucks. The information that the manufacturers must

make available to the service and repair industry is

that information necessary to service on-board

diagnostic information (OBD) systems and to

perform other emission-related diagnosis and repairs.

The action was mandated by section 202(m)(5) of

the Clean Air Act (CAA). Although § 202(c) of the

CAA provides that manufacturers may withhold

trade secret information, it does not allow such

protection if the manufacturer has released that

information to its franchised dealers or other

engaged in vehicle diagnosis, repair, or service.

The regulations require the manufacturer to make

the information available at a reasonable price

through the distribution mechanism it determines is

most efficient and cost-effective. The manufacturer

may alternatively make the information available to

independent technicians in the form of reasonably-

priced equipment and tools. The rules also require

the manufacturer to make information available

needed to develop and manufacture generic tools for

use in diagnosis, repair, and service of the covered

vehicles.

New Interpretation of Carbamate Production

Waste Rule

On August 14, 1995 (60 Fed. Reg. 41817), U.S.

EPA issued a new interpretation of its rule governing

the hazardous waste status of certain carbamate

production wastes (hazardous waste codes K156 and

K157). Under the new interpretation, those

production wastes generated in a process whose

output is exclusively used in the production of

carbamates (chemical intermediate production), but

which are not generated at the site of ultimate

carbamate production, will not be subjected to the

carbamate waste listings.

U.S. EPA adopted the carbamate waste rule on

February 9, 1995 (60 Fed. Reg. 7824), listing six

wastes generated during the production of

carbamates and 58 commercial chemical products

that become hazardous waste when discarded or

intended to be discarded. Among the added waste

listings were organic waste (K156) and wastewaters

(K157) from the production of carbamates and

carbamoyl oximes. In adopting the original rule,

U.S. EPA interpreted carbamate "production" to

begin with synthesis of chemicals (intermediates)

that have no use other than production of a

carbamate.

In its reinterpretation, U.S. EPA stated that this

caused non-carbamate wastes generated in

intermediate production to become listed carbamate

waste. A number of lawsuits were filed,

consolidated in

Dithiocarbamate Task Force c. EPA

,

No. 95-1249 (D.D.C.) challenging the listing. This

resulted in U.S. EPA re-examining the information

in the docket and concluding that there was no basis

for including these intermediate production wastes in

the carbamate waste listings, especially since those

intermediate wastes included none of the hazardous

constituents that caused the carbamate waste listings.

Proposed Exemption of Chicago Ozone

Nonattainment Area from NO

x

Requirements

On August 16, 1995 (60 Fed. Reg. 42491), U.S.

EPA proposed exemption of the Chicago ozone

nonattainment area from the nitrogen oxides (NO

x

)

transportation conformity requirements. If finally

approved, Illinois will not need to demonstrate that

transportation projects in the Chicago Metropolitan

area will result in lowered ozone levels.

Section 176(c)(3)(A)(iii) of the Clean Air Act

(CAA) requires a demonstration of the conformity

with the applicable ozone and/or carbon monoxide

SIP of all transportation plans and transportation

improvement programs (TIPs) in nonattainment

areas. The state may not build the project unless

implementation of the TIP will result in lowered

vehicle emissions than those in the 1990 base-line

inventory. Section 182(b)(1) requires the states to

submit plans for annual reductions in volatile organic

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compound (VOC) and NO

x

emissions in the

nonattainment areas. However, § 182(b)(1) further

provides that the requirement does not apply to NO

x

emissions in areas for which U.S. EPA determines

that further reductions in NO

x

emissions would not

contribute to ozone attainment.

Illinois submitted a request for an NO

x

exemption

under § 182(b)(1) on June 20, 1995. The request

was based on the urban airshed model conducted

from the Lake Michigan Ozone Study (LMOS).

Under that study, projected ozone levels for NO

x

emissions controls only were higher than those for

VOC-only control or NO

x

and VOC control scenario

projections. The study further indicated that peak

ozone concentrations were lowest with VOC-only

controls (i.e., no NO

x

controls). Based on the study

submitted, U.S. EPA concluded that NO

x

controls

would exacerbate the Chicago area's ozone

problems. Therefore, U.S. EPA proposed granting

the SIP revision for the transportation conformity

waiver request. U.S. EPA stated that the modeling

may indicate that NO

x

controls are necessary for

rural Illinois areas, but not for the Chicago area, and

would not likely be applied to ground-level NO

x

sources.

(Editor's note: This proposed action is related to

a similar proposed action of March 6, 1995 (at 60

Fed. Reg. 12180), when U.S. EPA proposed

granting a CAA § 182(f) exemption from the

reasonably available control technology (RACT),

new source review (NSR), vehicle inspection and

maintenance (I/M), and transportation conformity

requirements for nitrogen oxides (NO

x

). The covered

area would include portions of Illinois, Indiana,

Michigan, and Wisconsin that bound Lake Michigan.

The NSR, RACT, I/M, and transportation

conformity requirements apply to major stationary

sources of NO

x

in these areas. See issue 493, Apr.,

1995.)

Diagnostic System Checks

On August 18, 1995 (60 Fed. Reg. 43092), U.S.

EPA proposed regulations that will require the

inspection of vehicle emissions control on-board

diagnostic (OBD) systems during the course of

vehicle inspection and maintenance (I/M)

inspections. Federal law will require states to adopt

corresponding requirements within two years of the

date U.S. EPA adopts the OBD inspection rules.

Cars are required to have an OBD system with a

dashboard light that indicates system malfunction

under rules adopted on February 19, 1993 (58 Fed.

Reg. 9468) pursuant to Section 202(m) of the Clean

Air Act (CAA). The light is required to remain lid

until cleared by service personnel or until repeated

driving under similar conditions does not indicate a

similar malfunction. The new regulations proposed

under Section 182(c) of the CAA would add to the

present vehicle I/M rules adopted under Section 182.

The public comment period expires on the proposed

rules on September 18, 1995, and U.S. EPA will

conduct a public hearing if one is requested prior to

September 5.

Hazardous Air Pollutant Standards for Petroleum

Refineries

U.S. EPA adopted national emission standards for

new and existing sources (NESHAPS) for hazardous

air pollutant (HAP) emissions from petroleum

refineries on August 18, 1995 (60 Fed. Reg. 43244).

The affected entities include petroleum refinery

process units, marine tank vessel loading operations,

and gasoline loading rack operations that fall into

standard industrial classification (SIC) code 2911

located at petroleum refineries. The rules,

promulgated under section 112 of the Clean Air Act

(CAA), are based on U.S. EPA's determination that

refineries emit pollutants on the list of the 189

HAPs, and they will require the application of the

maximum achievable control technology (MACT) to

control the emissions.

U.S. EPA stated that the 11 most significant

HAPs emitted by petroleum refineries include

benzene, cresols and cresylic acid, ethylbenzene,

hexane, methyl ethyl ketone (2-butanone), methyl

tert

-butyl ether, naphthalene, phenol, toluene, 2,2,4-

trimethylpentane, and xylenes. Also listed as

emitted HAPs were biphenyl, 1,3-butadiene, carbon

disulfide, arbonyl sulfide, cumene, 1,2-dibromo-

methane, 1,2-dichloromethane, diethanolamine,

ethylene glycol, methanol, and methyl isobutyl ether

(hexone).

The regulations will apply to all sources with the

"potential to emit" 10 tons per year of any single

HAP or 25 tons per year of any combination of

HAPs. Compliance with the regulations is to occur

in three phases: Phase I, for leaks greater than

10,000 parts per million (ppm), beginning August

18, 1998; Phase II, for leaks greater than 5,000

ppm, beginning August 18, 1999; and Phase III, for

leaks greater than 2,000 ppm, beginning June 18,

2001. New sources are defined as constructed after

July 14, 1994.

Along with the HAP-related amendments, U.S.

EPA also revised the standards for performance for

two existing regulations relating to volatile organic

compounds (VOC) emissions, previously adopted

under CAA § 111. These are equipment leaks in the

synthetic organic chemicals manufacturing industry

(SOCMI) and emissions from petroleum refinery

wastewater systems. These amendments apparently

relate to the applicability between the HAP

regulations and the VOC rules.

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19

Viskase RACT Site-Specific Rule

On August 21, 1995 (60 Fed. Reg. 43386), U.S.

EPA adopted an amendment to the federal

implementation plan (FIP) at 40 CFR 52.741(u)(8),

applicable to the Chicago metropolitan area

pertaining to volatile organic compound (VOC)

emissions from Viskase Corporation's Bedford Park

facility. Accompanying the addition of this rule was

the withdrawal of a stay of the FIP rules as to the

Viskase facility and the disapproval of a state

implementation plan (SIP) revision relating to the

Viskase emissions.

U.S. EPA adopted the FIP for the Chicago area on

June 29, 1990. U.S. EPA determined that adjusted

RACT limitations relating to Viskase and submitted

by Illinois as a SIP package for approval on

February 24, 1989 were not consistent with the

requirements of the Clean Air Act. This was

because the state rule excluded daily emission limits

and recordkeeping requirements that U.S. EPA

believed necessary to make the rule enforceable.

U.S. EPA determined that the Viskase Corp.

Bedford Park facility would be subject to the generic

regulations of the miscellaneous fabricated product

and miscellaneous formulation manufacturing

categories. On July 19, 1990, Viskase Corp.

requested that U.S. EPA reconsider its FIP rules as

to the Viskase Bedford Park facility. U.S. EPA

issued a stay on May 31, 1991 pending

reconsideration and proposed the instant site-specific

rule on November 18, 1994 (59 Fed. Reg. 59734).

U.S. EPA stated that the site-specific FIP regulation

is essentially similar to the Illinois-submitted SIP

package, with the addition of daily emissions limits

and recordkeeping requirements.

Riverside Laboratories RACT Site-Specific Rule

On August 21, 1995 (60 Fed. Reg. 43388), U.S.

EPA adopted an amendment to the federal

implementation plan (FIP) at 40 CFR 52.741(e)(10),

applicable to the Chicago metropolitan area

pertaining to volatile organic compound (VOC)

emissions from Riverside Laboratory's Kane County

facility. Accompanying the addition of this rule was

the withdrawal of a stay of the FIP rules as to the

Riverside Laboratory facility.

U.S. EPA adopted the FIP for the Chicago area on

June 29, 1990. This subjected the Riverside

Laboratory Kane County facility to the generic paper

and fabric coating manufacturing regulations. On

August 20, 1991, Riverside Laboratory requested

that U.S. EPA reconsider its FIP rules as to the

Riverside Laboratory Kane County facility. U.S.

EPA issued a stay on June 23, 1992 pending

reconsideration and proposed the instant site-specific

rule on December 16, 1993 (58 Fed. Reg. 65688).

In granting the relief, U.S. EPA noted that Riverside

had represented in September 23, 1994 that it has

eliminated all VOC use except for acetone at its

plant. U.S. EPA further noted that it recently

completed a rulemaking action that excluded acetone

from regulation as a VOC on June 16, 1995 (60 Fed.

Reg. 31633).

American Decal RACT Site-Specific Rule

On August 21, 1995 (60 Fed. Reg. 43394), U.S.

EPA adopted a direct final rule that amends the

federal implementation plan (FIP) at 40 CFR

52.741(x)(14), applicable to the Chicago

metropolitan area pertaining to volatile organic

compound (VOC) emissions from American Decal &

Manufacturing Company's Chicago power-operated

silk screen presses, hand screen presses, screen

adhesive printing lines, rotogravure presses, and

Viking screen press. Accompanying the direct final

rule was a notice of proposed rule for the same

subject matter (60 Fed. Reg. 43423). The rule will

become effective October 20, 1995 unless earlier

withdrawn.

American Decal & Manufacturing Company

requested that U.S. EPA approve measures that will

limit its potential VOC emissions to 100 tons per

year. This request was for approval of the

limitations already in its operating permit issued by

the Illinois EPA. Such a limited potential to emit

VOC would exempt the Chicago facility from

reasonably available control technology (RACT)

regulation. U.S. EPA granted the request.

Proposed Phase IV HSWA LDRs

On August 22, 1995 (60 Fed. Reg. 43655), U.S.

EPA proposed amendments to the Hazardous and

Solid Waste Amendments (HSWA) RCRA Subtitle C

and SDWA underground injection control (UIC) land

disposal restrictions (LDRs). The proposed

amendments are called the "Phase IV" LDRs. U.S.

EPA stated that it is considering whether to regulate

potential releases to air or groundwater from surface

impoundments treating diluted hazardous waste in

response to a judicial remand. U.S. EPA further

proposed treatment standards for wood preserving

wastes and toxicity characteristic (TC) metal wastes.

Further proposed were simplified LDRs, a proposal

not to ban "nonamenable" wastes from surface

impoundments, and simplified state authorization

rules. U.S. EPA also raised the possibility of

excluding certain recycled wood preserving wastes

from regulation.

The Phase IV amendments are prompted by the

decision in

Chemical Waste Management v. EPA

,

976 F.2d 2 (D.C. Cir. 1992), which vacated portions

of the federal Third Third LDR rules that allowed

dilution as an acceptable method for "deactivation"

of ignitable, corrosive, or reactive (ICR) waste. The

Chemical Waste Management

court held that diluted

ICR wastes could be land disposed under HSWA

only if treated to the extent that the characteristic

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/ August-September, 1995

Environmental Register No. 496

Environmental Register No. 496

that rendered them hazardous is removed so that the

waste no longer poses a hazard. The settlement

agreement in

Chemical Waste Management

allowed

U.S. EPA until August 11, 1995 to propose

amendments to its rules.

Proposed UIC Requirements for Class V Wells

On August 28, 1995 (60 Fed. Reg. 44652), U.S.

EPA proposed new requirements that would apply to

Class V underground injection wells. Class V wells

are shallow wells that inject fluids directly below the

surface of the ground. They include shallow

industrial nonhazardous waste injection wells, septic

systems, stormwater drainage wells, etc. U.S. EPA

plans to retain the present authorization by rule for

these wells, provided the wells meet certain

minimum requirements and do not endanger

underground sources of drinking water (USDWs).

However, U.S. EPA intends to aggressively seek the

closure of those Class V wells that may endanger

USDWs. U.S. EPA stated that it proposed this

action because many Class V wells place potentially

harmful levels of contaminants into or above

USDWs. U.S. EPA further proposed additional

amendments to clarify the applicability provisions

pertaining to Class V wells.

Approval of Additional CWA Analytical Methods

On August 28, 1995 (60 Fed. Reg. 44671), U.S.

EPA approved three additional analytical test

methods for total Kjeldahl nitrogen (TKN) in water.

U.S. EPA amended 40 CFR 136 to accommodate

the amendments. The methods are a titrimetric

procedure, a colorimetric method, and a gas

diffusion method. Perstorp Analytical Corporation

sought and obtained approval of the methods.

Proposed Amendments to Transportation

Conformity Rules

On August 29, 1995 (60 Fed. Reg. 44790), U.S.

EPA proposed amendments to the transportation

conformity rules. The proposed amendments would

allow certain transportation control measures

(TCMs) to proceed even if their conformity status

has lapsed. To proceed the TCMs must have been

included in an approved state implementation plan

(SIP) or federal implementation plan (FIP). The

present transportation conformity rules would

require that the TCM be halted when the conformity

status has lapsed. The statutory conformity grace

period will expire on November 15, 1995. This

action would grant relief primarily to those TCMs

begun under the grace period in areas that have

failed to demonstrate conformity.

Section 176(c)(3)(A)(iii) of the Clean Air Act

(CAA) requires a demonstration of the conformity

with the applicable ozone and/or carbon monoxide

SIP of all transportation plans and transportation

improvement programs (TIPs) in nonattainment

areas. The state may not build the project unless

implementation of the TIP will result in lowered

vehicle emissions than those in the 1990 base-line

inventory. Section 182(b)(1) requires the states to

submit plans for annual reductions in volatile organic

compound (VOC) and NO

x

emissions in the

nonattainment areas.

Proposed Streamlined CAA Operating Permits

Revision Process

On August 31, 1995 (60 Fed. Reg. 45530), U.S.

EPA proposed new procedures to streamline the

processing of revision of Clean Air Act Title V

permits. This proposal would supplement the

proposed amendments of August 29, 1994 (59 Fed.

Reg. 44471) and April 27, 1995 (60 Fed. Reg.

20804) to the Title V permit rules adopted on Jul 21,

1992 (57 Fed. Reg. 32250). The proposed

amendments would revise the responsible official

certification required on permit applications, amend

the emergency defense to a charge of violation,

clarify the clarify the applicability of the Title I and

Title V permit requirements to research and

development facilities located with major sources,

and alter the minor new source review requirements

to clarify the flexibility the states can employ in

reviewing those sources.

Intent to Reduce Heavy-Duty Engine Emissions

U.S. EPA announced its intent on August 31,

1995 (60 Fed. Reg. 45580), in an advance notice of

proposed rulemaking, to establish more restrictive

engine emissions standards for new heavy-duty

engines, beginning in model year 2004. U.S. EPA

stated that it is working with engine manufacturers

and the California Air Review Board (CARB) to

reduce nitrogen oxide (NO

x

) and non-methane

hydrocarbon (NMHC) emissions from these engines.

Control of particulate matter (PM) is also an

objective. U.S. EPA invited the public to participate

in the regulatory development process.

ENVIRONMENTAL REGISTER

MAILING LIST

The Board is currently in the process of

updating the mailing list for the

Environmental

Register

and anyone who is not presently on the

list is invited to join the approximately 1900

other members of the public who receive our

free monthly newsletter. Please complete the

address Label on page 32 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

, please pass on

the address label form.

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August-September, 1995/Page 21

21

FINAL ACTIONS

FINAL ACTIONS - July 7, 1995 BOARD MEETING

- July 7, 1995 BOARD MEETING

93-248

People of the State of Illinois v. John

Prior and Industrial Salvage, Inc. -

Board found that the respondent had

violated the Act and landfill regulations,

ordering immediate closure of its three

Madison County sites, subject to the

conditions of the existing permits;

immediate correction of site conditions

that did not meet permit conditions; and

the revocation of the development permit

for one of the sites. Board Member E.

Dunham dissented.

95-102

Shell Oil Company v. EPA - The Board

granted one Cook County gasoline

dispensing facility a 105-day variance

and two others a 381-day variance from

the requirement of the air pollution

control regulations to install and operate

State II Vapor recovery equipment,

subject to conditions.

95-103

Polyfoam Packers Corporation v. EPA -

The Board granted this Cook County

facility a 12-month variance from certain

recordkeeping and reporting and volatile

organic material emission requirements

for other emission units in the Chicago

metropolitan area, subject to conditions.

95-108

Village of Lake in The Hills v. EPA -

The Board granted this McHenry County

drinking water supply a 21-month

variance from the standards of issuance

and restricted status regulations as they

relate to barium, subject to conditions.

96-1

City of Mt. Vernon v. EPA - Upon

receipt of an Agency recommendation,

the Board granted this Cook County

wastewater treatment facility a 45-day

provisional variance from the

carbonaceous biochemical oxygen

demand (CBOD

5

) and total suspended

solids (TSS) effluent requirements of the

water pollution control regulations,

subject to conditions, to allow the

facility to continue operating during a

period of treatment plant repairs.

AC 95-33

EPA v. John Sexton Sand and Gravel

Corporation - The Board entered a

default order, finding that the Cook

County respondents had violated Section

21(o)(5) of the Act and ordering them to

pay a civil penalty of $500.00.

AC 95-34

EPA v. Envirofil of Illinois, Inc. - The

Board entered a default order, finding

that the McDonough County respondent

had violated Sections 21(o)(5) and

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

pay a civil penalty of $1,000.00.

AS 93-4

In the Matter of: Petition of Conversion

Systems, Inc. for an Adjusted Standard

From 35 Ill. Adm. Code Part 811

(Liner) - The Board granted the

petitioner an adjusted standard from

certain of the landfill liner and

intermediate cover requirements of the

land pollution control regulations for

landfills using its Poz-O-Tec

®

process

and materials, subject to conditions; the

Board directed the Clerk of the Board to

open a rulemaking docket to consider

incorporating this adjusted standard into

a rule of general applicability. Board

Members R. C. Flemal, J. Theodore

Meyer, and J. Yi concurred.

POLLUTION CONTROL BOARD

DEVELOPING A HOME PAGE ON THE WORLD WIDE WEBB

The Pollution Control Board has developed a Home Page on the World Wide Web (Internet) and

has begun placing information on the Home Page this month. The Home Page is located within the State

of Illinois Home Page under the State Agencies option. The address of the State of Illinois Home Page is

http://www.state.il.us/

. The Home Page is accessible through any of the commercial on-line services

(e.g., America On-Line and CompuServe). The World Wide Webb will contain Boar Member profiles,

Board meeting dates and agendas, Environmental Registers, Annual Reports, Citizen Participation

Guides, Legislation, and various other documents about the Board. The new Home Page replaces the

former Electronic Bulletin Board System (BBS). For additional information contact Joe D'Alessandro at

the Board Offices, at 217-524-8512 (telephone) or jdpcb@aol.com (e-mail).

More information appears

on page 33 of this issue.

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/ August-September, 1995

Environmental Register No. 496

Environmental Register No. 496

AS 93-5

In the Matter of: Petition of Conversion

Systems, Inc. for an Adjusted Standard

From 35 Ill. Adm. Code Part 811

(Monofill) - The Board granted the

petitioner an adjusted standard from

certain of the landfill compaction, liner,

leachate, and intermediate and final

cover requirements of the land pollution

control regulations for monofills using

its Poz-O-Tec

®

process and materials,

subject to conditions; the Board directed

the Clerk of the Board to open a

rulemaking docket to consider

incorporating this adjusted standard into

a rule of general applicability. Board

Members R. C. Flemal, J. Theodore

Meyer, and J. Yi concurred.

AS 94-8

In the Matter of: Petition of Acme Steel

Company and LTV Steel Company From

35 Ill. Adm. Code 302.211 - The Board

granted the petitioners an adjusted

standard from the thermal discharge

requirements of the water pollution

control regulations for their Cook

County facilities, as that section would

apply to their discharges to the Calumet

River between the 95th Street Bridge and

the O’Brien Lock and Dam. Board

Member J. Theodore Meyer dissented.

R95-2

In the Matter of: Exemptions From the

Definition of VOM, U.S. EPA

Recommended Policy Amendments (July

1, 1994 through December 31, 1994 -

See Rulemaking Update.

NEW CASES

NEW CASES - July 7, 1995 BOARD MEET

- July 7, 1995 BOARD MEETING

ING

94-256

DoALL Company, DoALL Credit

Corporation, and The Rams-Head

Company v. Skokie Valley Asphalt

Company, Inc. and Septran, Inc. - The

Board found that the cost recovery

portions of this citizens’ land

enforcement action against a Cook

County respondent were substantially the

same as a complaint for the same actions

and for the same relief pending in the

circuit court, so the Board struck those

portions as duplicitous, rendering moot

any consideration of whether the

complainants properly sought cost

recovery; the Board found that the rest

of the complaint properly alleged

violations of the Act and sought penalties

and accepted it for hearing.

95-119

West Suburban Recycling and Energy

Center v. EPA - The Board accepted this

land permit appeal involving a proposed

Cook County resource recovery facility

for hearing and consolidated it with PCB

95-125 on its own motion.

95-125

West Suburban Recycling and Energy

Center v. EPA - The Board accepted the

air permit appeal involving a proposed

Cook County resource recovery facility

for hearing and consolidated it with PCB

95-119 on its own motion.

96-1

City of Mt. Vernon v. EPA -

Actions.

96-2

People of the State of Illinois v. Phoenix

Oil Company - The Board accepted this

air enforcement action against a Cook

County facility for hearing.

AC 95-50

County of Will v. CDT Landfill - The

Board received an administrative citation

against a Will County respondent.

AC 96-1

EPA v. Ken Lomax and Ken Lomax

Enterprises - The Board received an

administrative citation against Jefferson

County respondents.

AC 96-2

EPA v. William Hanna - The Board

received an administrative citation

against a Carroll County respondent.

AS 95-6

In the Matter of: Petition of National

Metalwares, Inc. for an Adjusted

Standard From 35 Ill. Adm. Code

218.204(g) - The Board acknowledged

receipt of and held this petition filed on

behalf of a Kane County facility for an

adjusted standard from certain of the air

pollution regulations requirements

applicable to volatile organic material

emissions from coating operations.

AS 95-7

In the Matter of: Petition of Western

Lion Limited for an Adjusted Standard

from 35 Ill. Adm. Code 814.Subpart C -

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August-September, 1995/Page

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23

The Board acknowledged receipt of and

held this petition filed on behalf of a

Coles County facility for an adjusted

standard from certain of the closure

requirements of the land pollution

control regulations applicable to existing

chemical and putrescible waste landfills

in existence on September 18, 1990 that

will remain open past September 18,

1997.

AS 95-8

In the Matter of: Petition of Illinois

Department of Transportation, District 8

for an Adjusted Standard From 35 Ill.

Adm. Code 304.124 (Sludge

Application) - The Board acknowledged

receipt of and held this petition for an

adjusted standard from certain of the

effluent requirements of the water

pollution control regulations as they

would apply to maximum iron effluent

content, pending receipt of proof of

publication.

R95-16

In the Matter of: Exemptions From The

Definition Of VOM, U.S. EPA

Recommended Policy Amendments

(January 1, 1995 through June 30, 1995

-

See Rulemaking Update.

FINAL ACTIONS

FINAL ACTIONS - July 20, 1995 BOARD MEETING

- July 20, 1995 BOARD MEETING

93-206

Safety-Kleen Corporation (Pekin Service

Center) v. EPA - The Board granted

voluntary withdrawal of this RCRA

permit appeal involving a Tazewell

County facility.

94-215

Stroh Oil Company v. Office of the State

Fire Marshal - The Board affirmed the

OFSM determination that this Menard

County facility is eligible for

reimbursement from the Underground

Storage Tank Fund, subject to a

$100,000 deductible.

94-250

William Bartz v. EPA - The Board

granted voluntary withdrawal of this

underground storage tank fund

reimbursement determination appeal

involving a Cook County facility.

95-97

Town & Country Gas & Food Mart, Inc.

v. EPA - The Board granted this Cook

County gasoline dispensing facility a 12-

month variance, subject to conditions,

from the requirement of the air pollution

control regulations that it install and

operate Stage II vapor recovery

equipment.

95-111

Thomas Brown (Tom’s Corner Facility)

v. EPA - The Board granted this Lake

County gasoline dispensing facility a 7-

month variance, subject to conditions,

from the requirement of the air pollution

control regulations that it install and

operate Stage II vapor recovery

equipment.

95-118

Jack Pease, d/b/a Glacier Lake

Extraction v. EPA - The Board reversed

the Agency’s denial of a mine-related

operating permit for this McHenry

County facility and remanded the appeal

to the Agency for issuance of an

operating permit with standard and

special conditions. Board Member E.

Dunham concurred.

95-181

People of the State of Illinois v. Kropp

Forge, a subsidiary of TIC United

Corporation - The Board accepted a

stipulation and settlement agreement in

this air enforcement action against a

Cook County facility, ordered the

respondent to pay a civil penalty of

$16,000.00, and ordered it to cease and

desist from further violation. Board

Member J. Theodore Meyer concurred.

96-12

Village of Dupo v. EPA - Upon receipt

of an Agency recommendation, the

Board granted this St. Clair County

wastewater treatment facility a forty-

five(45)-day provisional variance from

the carbonaceous biochemical oxygen

demand (CBOD

5

) and total suspended

solids (TSS) effluent requirement of the

water pollution control regulations,

subject to conditions, to allow it to

continue operating during a period of

repairs and modifications to the trickling

filter.

AC 95-36

County of LaSalle v. Dave Hertzner -

The Board entered a default order,

finding that the LaSalle County

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/ August-September, 1995

Environmental Register No. 496

Environmental Register No. 496

respondent had violated Section 21(p)(1)

of the Act and ordering him to pay a

civil penalty of $500.00.

AC 95-37

EPA v. M.K. O’Hara Construction,

Inc., Kenneth O’Hara and Madalyn

O’Hara - The Board entered a default

order, finding that the Cass County

respondents had violated Section 21(p)(1)

of the Act and ordering them to pay a

civil penalty of $500.00.

AC 95-40

Will County v. Tim Van Baren, d/b/a

Plum Valley Nursery - The Board

entered a default order, finding that the

Will County respondent had violated

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

it to pay a civil penalty of $500.00.

AC 95-42

Will County v. Edward and Doris Van

Drunen - The Board entered a default

order, finding that the Will County

respondents had violated Section 21(p)(1)

of the Act and ordering them to pay a

civil penalty of $500.00.

AS 94-2

In the Matter of: Joint Petition of Solar

Corporation and the Illinois

Environmental Protection Agency for an

Adjusted Standard From 35 Ill. Adm.

Code 218, Subpart PP - The Board

granted this Lake County facility an

adjusted standard from the certain of the

requirements of the air pollution control

regulations otherwise applicable to

emissions of volatile organic material

from miscellaneous product

manufacturing processes, subject to

conditions.

AS 95-7

In the Matter of: Petition of Western

Lion Limited for an Adjusted Standard

from 35 Ill. Adm. Code 814.Subpart C -

The Board found that the petitioner had

not timely filed a certification of

publication and dismissed this petition

filed on behalf of a Coles County facility

for an adjusted standard from certain of

the closure requirements of the land

pollution control regulations.

NEW CASES

NEW CASES - July 20 BOARD MEET

- July 20 BOARD MEETING

ING

95-113

White Glove of Morton Grove v. Amoco

Oil Company - The Board found that this

citizen’s underground storage tank

enforcement action involving a Cook

County facility was neither frivolous nor

duplicitous and accepted it for hearing.

95-127

Meyer Steel Drum, Inc. v. EPA - The

Board accepted this air permit appeal

involving a Cook County facility for

hearing.

96-3

General Motors Corporation (GM

Powertrain) v. EPA - The Board

accepted this air permit appeal involving

a Vermilion County facility for hearing.

96-4

Stone Container Corporation v . EPA -

The Board acknowledged receipt of and

held this notice of 90-day extension of

time to file an air permit appeal this

Lake County facility.

96-5

Ebrey Standard Service v. EPA - The

Board accepted this underground storage

tank fund reimbursement determination

appeal involving a Morgan County

facility for hearing.

96-6

Spectrulite Consortium, Inc. v. EPA -

The Board accepted this air variance

involving a Madison County facility for

hearing.

96-7

People of the State of Illinois v. Acme

Wiley Corporation - Upon receipt of a

proposed stipulation and settlement

agreement and an agreed motion for

relief from the hearing requirement in

this RCRA enforcement action against a

Cook County facility, the Board ordered

publication of the required newspaper

notice.

96-8

Alloy Engineering & Casting Co. v.

EPA - The Board acknowledged receipt

of this notice of 90-day extension of time

to file an air permit appeal pursuant to

P.A. 88-690, involving a Champaign

County facility and held this matter to

the August 3, 1995 Board meeting.

96-9

Owens Oil Company v. EPA - The

Board accepted this underground storage

tank fund reimbursement determination

appeal involving a Greene County

facility for hearing.

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25

96-10

Vogue Tyre & Rubber Company v. EPA

- The Board accepted this underground

storage tank remedial action appeal

involving a Cook County facility for

hearing.

96-11

People of the State of Illinois v.

Elmhurst-Chicago Stone Company -

Upon receipt of a proposed stipulation

and settlement agreement and an agreed

motion to request relief from the hearing

requirement in this land enforcement

action against a Winnebago County

facility, the Board ordered publication of

the required newspaper notice.

96-12

Village of Dupo v. EPA -

See Final

Actions.

AC 95-41

County of Will v. Carl Smits - The

Board construed a "motion for extension

of time to file" as a deficient petition to

review this administrative citation filed

against a Will County respondent and

ordered the filing of an amended

petition.

AC 95-49

County of Will v. CDT Landfill - The

Board accepted an appeal of this

administrative citation filed against a

Will County facility and consolidated it

with AC 95-38, another citation

involving this facility, for the purpose of

hearing.

AC 96-3

County of Jackson v. Mary Endress -

The Board received an administrative

citation against a Jackson County

respondent.

AC 96-4

County of Jackson v. Greg Burris,

individually and d/b/a Burris Disposal

Service - The Board received an

administrative citation against a Jackson

County respondent.

AC 96-5

Montgomery County v. Envotech,

Illinois, Inc. - The Board received an

administrative citation against a

Montgomery County respondent.

AS 95-6

In the Matter of: Petition of National

Metalwares, Inc. for an Adjusted

Standard From 35 Ill. Adm. Code

218.204(g) - The Board accepted this

petition involving for a Kane County

facility for an adjusted standard from

certain of the air pollution control

regulations applicable to emissions of

volatile organic material from coating

operations for hearing.

R96-1

In the Matter of: Proposed Standards for

Conversion systems: Poz-O-Tec Liner

Caps and Monofills; 35 Ill. Adm. Code

807, 810, 811, and 816 -

See

Rulemaking Update.

FINAL ACTIONS

FINAL ACTIONS - August 3, 1995 BOARD MEETING

- August 3, 1995 BOARD MEETING

94-206

Comerica Bank - Illinois v. EPA - The

Board granted voluntary dismissal of this

underground storage tank fund

reimbursement determination appeal

involving a Cook County facility.

94-316

Comerica Bank-Illinois v. Office of the

State Fire Marshal - The Board granted

voluntary dismissal of this underground

storage tank fund reimbursement

determination appeal involving a Cook

County facility.

95-11

Comerica Bank - Illinois v. EPA - Board

granted voluntary dismissal of this

underground storage tank fund

reimbursement determination appeal

involving a Cook County facility.

96-25

Commonwealth Edison Company,

LaSalle County Generating Station v.

EPA - Upon receipt of an Agency

recommendation, the Board granted this

LaSalle County facility a 45-day

provisional variance from the

requirement of the water pollution

control regulations that it discharge

within the parameters of its NPDES

permit, subject to conditions, to allow it

to continue operating while its request

for permit modification is undergoing

Agency review.

96-26

Commonwealth Edison Company, Fisk,

Crawford, Will County and Joliet

Generating Stations v. EPA - Upon

receipt of an Agency recommendation,

the Board granted four of Cook and Will

County facilities a 32-day extension of a

previous provisional variance granted in

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/ August-September, 1995

Environmental Register No. 496

Environmental Register No. 496

PCB 95-183 from the effluent

temperature standards of the water

pollution control regulations and from

the Board’s variance order in PCB 91-

29, subject to conditions, to allow them

to continue to operate during a period of

peak electrical demands and outages of

several electric generating units.

96-27

City of White Hall v. EPA - Upon

receipt of an Agency recommendation,

the Board granted this Greene County

wastewater treatment facility a 45-day

provisional variance from the

carbonaceous biochemical oxygen

demand (CBOD

5

) and total suspended

solids (TSS) effluent requirements of the

water pollution control regulations,

subject to conditions, to allow it to

continue operating during a period of

wastewater treatment facility repairs.

AC 95-39

County of Vermilion v. Illinois Landfill,

Inc. - The Board entered a default

order, finding that the Vermilion County

respondent had violated Section 21(o)(5)

of the Act and ordering it to pay a civil

penalty of $500.00. Board Member J.

Theodore Meyer concurred.

AC 95-44

EPA v. Allied Waste Industries of

Illinois, Inc., d/b/a Streator Area

Landfill, Inc. - The Board entered a

default order, finding that the Livingston

County respondents had violated

Sections 21(o)(1), 21(o)(5), and

21(o)(12) of the Act and ordering them

to pay a civil penalty of $1,500.00.

Board Member J. Theodore Meyer

concurred.

AC 95-45

County of Will v. RWS Development

Corporation - The Board entered a

default

order, finding that the Will County

respondent had violated Section 21(p)(1)

of the Act and ordering it to pay a civil

penalty of $500.00. Board Member J.

Theodore Meyer concurred.

AC 95-46

County of Will v. William Mintz - The

Board entered a default order, finding

that the Will County respondent had

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

ordering him to pay a civil penalty of

$500.00. Board Member J. Theodore

Meyer concurred.

AC 95-47

EPA v. Allied Waste Industries, Inc. -

The Board entered a default order,

finding that the Lee County respondent

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

and ordering it to pay a civil penalty of

$500.00. Board Member J. Theodore

Meyer concurred.

AC 95-48

Sangamon County v. Town and Country

Bank Trust - The Board entered a default

order, finding that the Sangamon County

respondent had violated Section 21(p)(1)

and 21(p)(3) of the Act and ordering it to

pay a civil penalty of $1,000.00. Board

Member J. Theodore Meyer concurred.

R95-13

In the Matter of: RCRA Subtitle D

Update, Delayed Effective Date of U.S.

EPA Financial Assurance Regulations -

See Rulemaking Update.

NEW CASES

NEW CASES - August 3 BOARD MEET

- August 3 BOARD MEETING

ING

95-100

C&S Recycling, Inc. v. EPA - The

Board accepted an amended petition in

this land permit appeal involving a Cook

County facility for hearing.

95-173

Chicago-Dubuque Foundry Corporation

v. City of East Dubuque - The Board

found accepted this citizen's

underground storage tank enforcement

action against a JoDaviess County

facility for hearing.

96-4

Stone Container Corporation v. EPA -

The Board denied a notice of 90-day

extension of time to file because the

Agency had not timely sent its

agreement, construed the notice as a

deficient petition for review an air

permit for this Lake County facility, and

directed the petitioner to file an amended

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27

petition for review within 90 days.

96-8

Alloy Engineering & Casting Co. v.

EPA - The Board denied a notice of 90-

day extension of time to file because the

Agency had not timely sent its

agreement, construed the notice as a

deficient petition for review of an air

permit for this Champaign County

facility, and directed the petitioner to file

an amended petition for review within 90

days.

96-13

PCS Phosphate Company, Inc. v. EPA -

The Board acknowledged receipt of and

held a notice of 90-day extension of time

to file an air permit appeal involving a

LaSalle County facility.

96-14

Carl and Edna Ball, d/b/a C & E

Recycling and Resource Recovery - The

Board accepted this petition for a

variance for a Coles County facility from

certain of the land pollution control

regulations requiring the filing of a

complete permit application for hearing.

96-15

Southern Food Park, Inc.

(Carterville/Han-Dee Mart #35) v. EPA

- The Board denied a notice of 90-day

extension of time to file because the

Agency had not timely sent its

agreement, construed the notice as a

deficient petition for review of an

underground storage tank fund

reimbursement determination involving a

Williamson County facility, and directed

the petitioner to file an amended petition

for review within 90 days.

96-16

Richard Kurtz (45-Day Report) v. EPA -

The Board, receiving a notice of 90-day

extension of time to file, reserved this

docket for any underground storage tank

remedial action appeal that may be filed

on behalf of this Stephenson County

facility.

96-17

Richard Kurtz (Site Classification) v.

EPA - The Board, receiving a notice of

90-day extension of time to file, reserved

this docket for any underground storage

tank remedial action appeal that may be

filed on behalf of this Stephenson County

facility.

96-18

Richard Kurtz (Low Priority Ground

Water Monitoring Plan) v. EPA - The

Board, receiving a notice of 90-day

extension of time to file, reserved this

docket for any underground storage tank

remedial action appeal that may be filed

on behalf of this Stephenson County

facility.

96-19

Flynn Ready-Mix Concrete v. EPA -

The Board, receiving a notice of 90-day

extension of time to file, reserved this

docket for any underground storage tank

remedial action appeal filed on behalf of

this JoDaviess County facility.

96-20

Barbara M. Norman, Laddie Kartes,

Edward Wesolowski, Jacqueline

Wesolowski, Will Burgess, Dorothy

Burgess, Frank Rubino, Donna Rubino,

Toby Gruszecki, and Mike Gruszecki v.

U.S. Postal Service, Barrington, Illinois

- The Board held this citizens' air

enforcement action against a Cook

County facility for a frivolous and

duplicitous determination.

96-21

People of the State of Illinois v.

Diamond Plating Company - The Board

accepted this air enforcement action

against a Madison County facility for

hearing.

96-22

Lew D’Souza and Patricia D’Souza v.

Richard Marraccini and Joanne

Marraccini - The Board held this

citizens' noise enforcement action against

a Cook County facility for a frivolous

and duplicitous determination.

96-23

City of Byron v. EPA - The Board held

this petition for a variance for an Ogle

County facility from the restricted status

and standards of issuance requirements

of the public water supply regulations as

they apply to radium for an Agency

recommendation.

96-24

People of the State of Illinois v.

Terminal Railroad Association of St.

Louis - The Board accepted this RCRA

enforcement action against a Madison

County facility for hearing.

96-25

Commonwealth Edison Company,

LaSalle County Generating Station v.

EPA -

See Final Actions.

96-26

Commonwealth Edison Company, Fisk,

Crawford, Will County and Joliet

Generating Stations v. EPA -

See Final

---

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28/ August-September, 1995

/ August-September, 1995

Environmental Register No. 496

Environmental Register No. 496

96-27

City of White Hall v. EPA -

See Final

Actions.

96-28

Freightliner of Chicago, Inc. v. EPA -

The Board, receiving a notice of 90-day

extension of time to file, reserved this

docket for any underground storage tank

fund reimbursement determination

appeal that may be filed on behalf of this

DuPage County facility.

AC 96-2

EPA v. William Hanna - The Board

received an appeal of this administrative

citation filed against a Carroll County

respondent.

AS 95-8

In the Matter of: Petition of Illinois

Department of Transportation, District

8, for an Adjusted Standard from 35 Ill.

Adm. Code 304.124 - Upon receipt of

the petitioner’s certificate of publication,

the Board accepted this petition for an

adjusted standard from certain of the

water pollution control regulations

relating to land application of sewage

sludge.

AS 96-1

In the Matter of: Petition of Illinois

Power Company (Baldwin Power Plant

for an Adjusted Standard From 35 Ill.

Adm. Code 302.208 and 35 Ill. Adm.

Code 304.105 - The Board

acknowledged receipt of a petition for an

adjusted standard for a Randolph County

facility from certain of the boron effluent

and general use water quality

requirements of the water pollution

control regulations as they would apply

to discharges to the Kaskaskia River and

held it pending receipt of proof of

publication.

AS 96-2

In the Matter of: Petition of Western

Lion Limited for an Adjusted Standard

From 35 Ill. Adm. Code 814.Subpart C

- The Board acknowledged receipt of a

petition for an adjusted standard for a

Coles County facility from certain of the

applicability requirements of the land

pollution control regulations applicable

to chemical and putrescible waste

landfills in existence on September 18,

1990 that will remain open past

September 18, 1997 and the prohibition

against accepting new special

wastestreams and held it pending receipt

of proof of publication.

R95-16

In the Matter of: Exemptions From The

Definition Of VOM, U.S. EPA

Recommended Policy Amendments

(January 1, 1995 through June 30, 1995

-

See Rulemaking Update.

FINAL ACTIONS

FINAL ACTIONS - August 24, 1995 BOARD MEETING

- August 24, 1995 BOARD MEETING

95-89

Eugene W. Graham (Libertyville Citgo)

v. EPA - The Board affirmed the Agency

denial of the costs of replacing concrete

in this underground storage tank fund

reimbursement determination appeal

involving a Lake County facility.

95-136

Burbank/Reavis High School District

#220 v. EPA - The Board, having

previously received a request for a 90-

day extension of time to file and

reserved this docket, dismissed the

matter because no underground storage

tank reimbursement determination appeal

was filed on behalf of this Cook County

facility.

95-147

American River Transportation company

v. EPA - The Board granted this Grundy

County facility a variance from certain

of the permit and manifesting

requirements of the special waste hauling

---

Environmental Register No. 496

Environmental Register No. 496

August-September, 1995/Page

August-September, 1995/Page 29

29

regulations.

96-7

People of the State of Illinois v. Acme

Wiley Corporation - Having previously

published the required newspaper notice,

the Board accepted a stipulation and

settlement agreement in this RCRA

enforcement action, ordered the Cook

County respondent to pay a civil penalty

of $42,500, and ordered it to cease and

desist from further violation.

96-11

People of the State of Illinois v.

Elmhurst-Chicago Stone Company -

Having previously published the required

newspaper notice, the Board accepted a

stipulation and settlement agreement in

this land enforcement action, ordered the

Winnebago County respondent to pay a

civil penalty of $11,000, and ordered it

to cease and desist from further

violation.

96-13

PCS Phosphate Company, Inc. v. EPA -

The Board granted voluntary withdrawal

of a notice of 90-day extension of time to

file an air permit appeal involving a

LaSalle County facility.

96-43

A.E. Staley Manufacturing v. EPA -

Upon receipt of an Agency

recommendation, the Board granted this

Macon County facility a 45-day

provisional variance from the

carbonaceous biochemical oxygen

demand (CBOD

5

) and total suspended

solids (TSS) effluent requirements of the

water pollution control regulations,

subject to conditions, to allow it to use

its newly constructed cooling tower.

96-44

City of Greenfield v. EPA - Upon

receipt of an Agency recommendation,

the Board granted this Greene County

wastewater treatment facility a 45-day

provisional variance from the

carbonaceous biochemical oxygen

demand (CBOD

5

) and total suspended

solids (TSS) effluent requirements of the

water pollution control regulations,

subject to conditions, to allow it to

continue operating during a period of

treatment plant repairs.

AC 94-73

EPA v. Stacy B. Hess - Having

previously found that the Tazewell

County respondent had violated Section

21(p)(1) of the Act, the Board ordered

her to pay a civil penalty of $500.00 and

$334.30 in costs. Member J. Theodore

Meyer concurred and Member J. Yi

dissented.

AC 94-96

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

Inc., Kenneth O'Hara, and Madalyn

O'Hara - Having previously found that

the Cass County respondents had

violated Section 21(p)(1) of the Act at

two sites, the Board ordered them to pay

a civil penalty of $1,000.00 and $396.50

in costs. (Consolidated with AC 94-97.)

Member J. Theodore Meyer concurred.

AC 94-97

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

Inc., Kenneth O'Hara, and Madalyn

O'Hara - Having previously found that

the Cass County respondents had

violated Section 21(p)(1) of the Act at

two sites, the Board ordered them to pay

a civil penalty of $1,000.00 and $396.50

in costs. (Consolidated with AC 94-96.)

Member J. Theodore Meyer concurred.

AC 95-4

Montgomery County v. Envotech,

Illinois, Inc. - The Board granted

withdrawal of a petition for review of

this administrative citation and entered a

default order, finding that this

Montgomery County respondent had

violated Sections 21(o)(5) and 21(o)(12)

of the Act and ordering it to pay a civil

penalty of $1,000.00.

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Page

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30/ August-September, 1995

/ August-September, 1995

Environmental Register No. 496

Environmental Register No. 496

AC 95-50

County of Will v. CDT Landfill - The

Board entered a default order, finding

that this Will County respondent had

violated Sections 21(o)(6) and 21(o)(9)

of the Act and ordering it to pay a civil

penalty of $1,000.00.

AC 96-1

EPA v. Ken Lomax and Ken Lomax

Enterprises - The Board entered a default

order, finding that the Jefferson County

respondents had violated Section 21(p)(1)

of the Act and ordering them to pay a

civil penalty of $1,000.00.

AC 96-4

County of Jackson v. Greg Burris,

individually and d/b/a Burris Disposal

Service - The Board entered a default

order, finding that the Jackson County

respondent had violated Sections

21(p)(1), 21(p)(4), and 21(p)(5) of the

Act and ordering them to pay a civil

penalty of $1,500.00.

AS 94-15

In the Matter of: Petition of Lone Star

Industries, Inc. for an Adjusted Standard

from 35 Ill. Adm. Code 811.320(d) -

The Board denied an adjusted standard

from certain of the land pollution control

(landfill) regulations pertaining to

establishing the background

concentration of contaminants in the

groundwater at this LaSalle County

facility.

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 granted this Cook County

petitioner an adjusted standard from

certain of the land pollution control

regulations to allow the use of waste-

water sludge in lieu of soil for final

cover at certain types of landfills.

R95-12

In the Matter of: Clean Fuel Fleet

Program: Proposed 35 Ill. Adm. Code

241 -

See Rulemaking Update.

NEW CASES

NEW CASES - August 24 BOARD MEET

- August 24 BOARD MEETING

ING

96-10

Lynn Ready-Mix Concrete (Site

Classification Work Plan) v. EPA - The

Board, having previously granted a 90-

day extension of time to file, severed the

issues in this underground storage tank

remedial action appeal, restricted this

docket to any appeal relating to the UST

site classification work plan, and

reserved new docket PCB 96-35 for any

appeal relating to the UST site

---

Environmental Register No. 496

Environmental Register No. 496

August-September, 1995/Page

August-September, 1995/Page 31

31

classification completeness report.

96-29

Larry Slates, Lonnie Seymour, James

Klaber, Faye Mott and Hoopeston

Community Memorial Hospital v.

Illinois Landfills, Inc. and Hoopeston

City Council, on behalf of the City of

Hoopeston - The Board accepted this

third party appeal of a pollution control

facility local siting approval for a

proposed Vermilion County facility for

hearing.

96-30

Fruit Belt Service Company v. EPA -

The Board accepted this underground

storage tank fund reimbursement

determination appeal involving a Massac

County facility for hearing.

96-31

Central Illinois Public Service Company

(Hutsonville Generating Station) v. EPA

- The Board, receiving a notice of 90-

day extension of time to file, reserved

this docket for any NPDES permit

appeal that may be filed on behalf of this

Crawford County facility.

96-32

People of the State of Illinois v. Harper-

Wyman Company - The Board received

this RCRA enforcement action against a

Bureau County facility for hearing.

96-33

City of Monmouth v. EPA - The Board

held this petition for a variance for a

Warren County facility from certain of

the restricted status and standards of

issuance requirements of the public water

supply regulations as they apply to

radium and gross alpha activity

requirements of the public water supply

regulations.

96-34

Prairie Recreational Developments, Inc.

(Land & Lakes Company/Wheeling) v.

EPA - The Board held this notice of 90-

day extension of time to file a land

permit appeal on behalf of this Lake

County facility.

96-35

Lynn Ready-Mix Concrete (Site

Classification Completion Report) v.

EPA - The Board, having previously

granted a 90-day extension of time to file

under docket PCB 96-19, severed the

issues in this underground storage tank

remedial action appeal, restricted the

previously opened docket for any appeal

relating to the UST site classification

work plan, and reserved this docket for

any appeal relating to the UST site

classification completeness report.

96-36

Town of Cortland v. EPA - The Board

held this petition for a variance for a

DeKalb County facility from certain of

the restricted status and standards of

issuance requirements of the public water

supply regulations as they apply to

radium requirements of the public water

supply regulations.

96-37

Denny’s Phillips 66 v. EPA - The Board

accepted this underground storage tank

fund reimbursement determination

appeal involving a Bond County facility

for hearing.

96-38

People of the State of Illinois v. City of

Metropolis - The Board received this

land and water enforcement action

against a Massac County facility for

hearing.

96-39

Consolidated Distilled Products, Inc.

(Union Liquor 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.

96-40

Interstate Pollution control, Inc. v. EPA

- The Board accepted this land permit

appeal involving a Winnebago County

facility for hearing.

96-41

Village of LaGrange, City of

Countryside, Chris Radogno, Laureen

Dunne Silver, Michael Turlek, and

Donald Younker v. McCook

Cogeneration Station, L.L.C., and the

Board of Trustees of the Village of

McCook - The Board accepted this third

party pollution control facility local

siting approval appeal involving a

proposed Cook County facility for

hearing.

96-42

Aviation Services Group v. EPA - The

Board, having received a notice of 90-

day extension of time to file, reserved

this docket for any underground storage

tank corrective action appeal that may be

filed on behalf of this Cook County

facility.

96-43

A.E. Staley Manufacturing v. EPA -

See

---

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32/ August-September, 1995

/ August-September, 1995

Environmental Register No. 496

Final Actions.

96-44

City of Greenfield v. EPA -

See Final

Actions.

AC 96-6

County of Will v. CDT Landfill - The

Board received an administrative citation

against a Will County respondent.

AC 96-7

EPA v. Alice E. Guth - The Board

received an administrative citation

against a Tazewell County respondent.

AC 96-8

County of Jackson v. Easton Automotive

- The Board received an administrative

citation against a Jackson County

respondent.

AC 96-9

EPA v. Charlie Fyffe - The Board

received an administrative citation

against a Wabash County respondent.

AC 96-10

County of Will v. CDT Landfill - The

Board received an administrative citation

against a Will County respondent.

AS 96-1

In the Matter of: Petition of Illinois

Power Company (Baldwin Power Plant)

for an Adjusted Standard From 35 Ill.

Adm. Code 302.208 and 35 Ill. Adm.

Code 304.105 - The Board accepted a

petition for an adjusted standard for a

Randolph County facility from certain of

the boron effluent and general use water

quality requirements of the water

pollution control regulations as they

would apply to discharges to the

Kaskaskia River.

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.

September 6

10:00 a.m.

AS 94-20

Water

In the Matter of: Petition of Galesburg Sanitary District for an Adjusted

Standard from 35 Ill. Adm. Code 304.105 - Galesburg City Hall, City

Council Chambers, 55 West Tompkins Street, Galesburg.

September 6

1:30 p.m.

R 95-16

R, Air

In the Matter of: Exemptions from the Definition of VOM, USEPA

Amendments (January 1, 1995 to June 30, 1995) - James R. Thompson

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

---

Environmental Register No. 496

Environmental Register No. 496

August-September, 1995/Page

August-September, 1995/Page 33

September 7

10:30 a.m.

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

Randolph St., Conference Room 9-040, Chicago

September 7

10:00 a.m.

AS 94-20

Water

In the Matter of: Petition of Galesburg Sanitary District for an Adjusted

Standard from 35 Ill. Adm. Code 304.105 - Galesburg City Hall, City

Council Chambers, 55 West Tompkins Street, Galesburg.

September 8

10:00 a.m.

AS 94-20

Water

In the Matter of: Petition of Galesburg Sanitary District for an Adjusted

Standard from 35 Ill. Adm. Code 304.105 - Galesburg City Hall, City

Council Chambers, 55 West Tompkins Street, Galesburg.

September 11

9:00 a.m.

PCB 95-182

P-A, Land

Carl and Edna Ball, d/b/a C & E Recycling and Resource Recovery v. EPA -

City Council Chambers, 208 North 19th Street, Mattoon.

September 11

9:00 a.m.

PCB 96-14

L-V

Carl and Edna Ball, d/b/a C & E Recycling and Resource Recovery v. EPA -

City Council Chambers, 208 North 19th Street, Mattoon.

September 12

9:00 a.m.

PCB 94-157

UST-FRD

Community Trust Bank (Wilson's Service Center) v. EPA - Centralia City

Hall, Council Chambers, 222 South Poplar, Centralia.

September 20

10:30 a.m.

PCB 96-6

A-V

Spectrulite Consortium, Inc. v. EPA - Illinois Pollution Control Board, 600

South Second Street, Suite 402, Springfield.

September 21

10:30 a.m.

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

Randolph St., Conference Room 9-040, Chicago

September 27

10:00 a.m.

AC 95-11

AC

EPA v. Gordon McCann and Larson Foundation (Lincoln/McCann-Larson) -

Illinois Pollution Control Board, 600 South Second Street, Suite 402,

Springfield.

October 5

10:30 a.m.

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

Randolph St., Conference Room 9-040, Chicago

October 6

9:00 a.m.

PCB 94-244

W-E, Citizens

Rodney B. Nelson, M.D. v. Kane County Forest Preserve, Jack E. Cook,

Chairman, Kane County Board, Warren Kammerer, Chairman - Kane

County Government Center, Building A, Auditorium, 719 South Batavia

Street, Geneva.

October 10

10:00 a.m.

PCB 96-41

L-S-R, 3d P

Village of LaGrange, City of Countryside, Christine Radogno, Laureen

Dunne Silver, Michael Turlek, and Donald Younker v. McCook

Cogeneration Station, L.L.C., and the Board of Trustees of the Village of

McCook - Village Hall, 50th and Glencoe, McCook.

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.

Randolph St., Conference Room 9-040, Chicago

November 7

PCB 94-157

Community Trust Bank (Wilson's Service Center) v. EPA - Centralia City

---

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Page 34

34/ August-September, 1995

/ August-September, 1995

Environmental Register No. 496

Environmental Register No. 496

9:00 a.m.

UST-FRD

Hall, Council Chambers, 222 South Poplar, Centralia.

November 15

10:45 a.m.

AS 95-6

Air

In the Matter of: Petition of National Metalwares, Inc. for an Adjusted

Standard from 35 Ill. Adm. Code 218.204(g) - Old Kane County Courthouse,

Courtroom 110, 1st Floor, 100 South Third Street, Geneva.

November 16

10:30 a.m.

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

December 7

10:30 a.m.

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

December 21

10:30 a.m.

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

Calendar Codes

3d P

Third Party Action

A-CAdministrative Citation

A-E

Air Enforcement

A-SAdjusted Standard

A-V

Air Variance

CSOCombined Sewer Overflow Exception

GW

Groundwater

HW DelistRCRA Hazardous Waste Delisting

L-E

Land Enforcement

L-S-RLandfill Siting Review

L-V

Land Variance

MWMedical Waste (Biological Materials)

N-E

Noise Enforcement

N-VNoise Variance

P-A

Permit Appeal

PWS-EPublic Water Supply Enforcement

PWS-V

Public Water Supply Variance

RRegulatory Proceeding proceeding (hazardous waste

only)

RCRA

Resource Conservation and Recovery

Act

S0

2

S0

2

Alternative Standards (35 ILL. ADM. CODE

302.211(f)))

SWH-E

Special Waste Hauling Enforcement

SWH-VSpecial Waste Hauling Variance

T

Thermal Demonstration Rule

T-CTax Certifications

T-S

Trade Secrets

UST-AppealUnderground Storage Tank Corrective

Action Appeal

UST-E

Underground Storage Tank

Enforcement

UST-FRDUnderground Storage Tank Fund Reim-

bursement Determination

W-E

Water Enforcement

W-VWater Variance

WWS

Water-Well Setback Exception

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Environmental Register No. 496

Environmental Register No. 496

August-September, 1995/Page

August-September, 1995/Page 35

35

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 your 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

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__________________

No

, I do not want to receive the

Environmental Register

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remove

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---

Page

Page 36

36/ August-September, 1995

/ August-September, 1995

Environmental Register No. 496

ILLINOIS POLLUTION CONTROL BOARD

HOME PAGE ON THE WORLD WIDE WEB (INTERNET)

The Illinois Pollution Control Board (IPCB) maintains a Home Page on the Internet (World Wide

Web) which is located within the State of Illinois Home Page under the State Agenies option. The

Page can be accessed through any of the commercial on-line services (America On-Line and

Compuserve, for example). The address of the Illinois Home Page is:

http://www.state.il.us/

The IPCB Page will disseminate information about the Board and its activities. The following is a

listing of information which is currently available or will be available in the near future:

♦

Board Member Profiles

Biographical information of Board members.

♦

Board Meeting Dates and Agendas

Listing of regularly scheduled Board meetings and tentative meeting agendas.

♦

Information Services

Listing of IPCB contacts and a summary discussion of the Board's process.

♦

Pending Rulemakings

Monthly update of rulemaking activity pending before the Board.

♦

Procedural Rules

Full listing of the Board's procedural rules.

♦

Legislation

Compilation of recently enacted legislation affecting the Board.

♦

Newsletters

Identical to the hard copy version of the IPCB's Newsletter. Includes, among other things, an update

on IPCB decisions in the appellate courts, significant federal actions, final action taken on cases, and

new cases filed with the IPCB.

♦

Annual Reports

An electronic version of annual reports. Includes the 25th Anniversary/FY95 Annual Report.

Any questions or comments may be addressed to Joe D'Alessandro at the IPCB by phone at (217)

524-8512 or via e-mail at the following address: jdpcb@aol.com.

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Environmental Register No. 496

Environmental Register No. 496

August-September, 1995/Page

August-September, 1995/Page 37

37

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Page 38

38/ August-September, 1995

/ August-September, 1995

Environmental Register No. 496

ILLINOIS POLLUTION CONTROL BOARD

POLICY

It has become necessary, effective August 1, 1995 to raise the per page rates for IPCB

documents to better reflect the actual costs of reproduction and distribution. Significant resources,

both human and material, are expended to locate, photocopy and in the case of those wanting to pay

later for copies received, the resources required to maintain a billing system. Your understanding will

be appreciated.

The IPCB’s revised rates/policy are as follows:

    

♦

A single opinion and order will be furnished on request without cost, irrespective of length,

with the dissenting and/or concurring opinion(s). Requests for multiple opinions and orders

are 75 cents per page.

    

♦

Hearing Transcripts are 75 cents per page.

    

♦

All other documents are 75 cents per page.

    

♦

The following State Agencies are, upon request, provided copies of opinions and orders and

transcripts free of charge:

Illinois Attorney General’s Office (AG)

Illinois Environmental Protection Agency (IEPA)

Illinois Department of Natural Resources (DNR)

    

♦

Requests for copies will be honored in as timely a manner as possible. Requests for copies by

mail will be honored. The Board reserves the right to add a postage charge to large bulk

mailings.

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Environmental Register No. 496

Environmental Register No. 496

August-September, 1995/Page

August-September, 1995/Page 39

WATERWAYS CRUISE AND ENVIRONMENTAL WORKSHOP

EILEEN JOHNSTON is organizing another waterways cruise and floating seminar on September 30, 1995.

The floating seminar is planned to discuss areas of environmental concern and the progress made in solving problems

since the first Earth Day in 1970. Participants will view pictures of what the areas looked like twenty years ago.

Speakers from state and federal agencies and industries will discuss the environmental progress made, pollution

abatement, and current problems.

The cruise is on the Wendella and is 72 miles long. Participants will view the ever-changing and exciting

shoreline of Chicago and Northern Indiana, and the waterways of the Calumet Sag Channel, Calumet River, and I &

M Shipping Canal. The cruise also passes steel mills, new water reclamation facilities, barges, landfills, and the

canyon of skyscrapers.

Eileen's cruise serves to demonstrate the environmental challenges facing our country due to the dramatic

impact of man on the environment. Some of the questions addressed during the floating seminar include: What

progress has been made? Can we eat fish from the Lake? How are environmental regulations proposed and enforced?

Participants meet at 8:45 a.m. at the foot of the Wrigley Building, and return before 4 p.m. Parking facilities

are located west of the building, allow time to locate a space. Use public transportation if possible. Be prompt, don't

miss the boat! Bring your lunch. Soft drinks are sold on board. Warm clothes and head gear are in order. The cost

is $45, $35 for full time students. Send checks to:

Eileen Johnston, 505 Maple Avenue, Wilmette, IL 60091; (708) 251-4386

Please make reservation before September 20, 1995. Space is limited, so the sooner the better!

*****************************************************************************************

Name

________________________________________________________________________________

School, Firm, Group

_____________________________________________________________________

Address

________________________________________________________________________________

________________________________________________________________________________________

Phone

_________________________________________________________________________________

Ticket No. __________________________

Amount Enclosed ____________________________

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/ August-September, 1995

Environmental Register No. 496

Environmental Register No. 496

Printed by Authority of the State of Illinois, August-September, 1995, 2,000 copies, order #57701.

Bulk Rate

U.S. Postage

PAID

Chicago, IL

Permit No.2088

Illinois Pollution Control Board

State of Illinois Center, 11-500

100 West Randolph Street

Chicago, Illinois 60601

(312) 814-3620

Address Correction Requested.

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.