9510-497.DOC

WARNING THIS .DOC IS IN NON FORMATTED TEXT. PAGE NUMBER

REFERRENCES ARE THEREFORE INVALID. ALL REGISTERS FROM 12/95 ON

WILL BE FORMATTED

ENVIRONMENTAL REGISTER

No. 497 ¨ Illinois Pollution Control Board News ¨ October, 1995

THE BOARD WEL

COMES TWO NEW EMPLOYEES

Two new employees recently joined the Board staff. These are Amy C.

Hoogasian, a new attorney-assistant to Chairman Claire A. Manning, and Kevin P. St.

Angel, the Board's new Public Information Coordinator. Ms. Hoogasian will maintain

her office at the Board's Chicago office, and Mr. St. Angel will work out of the Board's

Springfield office. NEW EMPLOYEES continued on page 11.

RULEMAKING UPDATE

CLEAN-FUEL FLEET PROGRAM ADOPTED, R95-12

On September 7, 1995, the Board adopte

d rules that establish clean-fuel fleet

program requirements in Illinois. The program requires 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.

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 required the Board to proceed within set time-frames toward the

adoption of the proposed amendments. The Board lacked 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) required that the Board must adopt and file

final rules based on the regulations within 21 days of when it received the Certificate of

No Objection from JCAR.

Direct questions to Chuck Feinen, at 312-814-3473. Request copies from Victoria

Agyeman, at 312-814-3620. Please refer to docket R95-12.

EXEMPTION FROM LANDFILL REQUIREMENTS FOR DISPOSAL OF DEAD

ANIMALS ADOPTED, R95-9

On September 21, 1995, the Board adopted amendments to the Illinois landfill

regulations relating to the disposal of dead animals in Illinois. The amendments clarified

the relationship between the Illinois landfill regulations and the Illinois Dead Animal Act

(225 ILCS 610/1). To this end, the amendments added a definition of "dead animal

disposal site" and excluded 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. 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). JCAR voted No Objection to the

amendments at its meeting of September 12, 1995, which left the Board free to adopt the

amendments.

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.

SPECIAL WASTE VEHICLE NUMBER AMENDMENTS PROPOSED FOR FIRST

federal law, as interpreted by the U.S. Department of Transportation. The ATA

suggested an amendment to Section 809.401 that was jointly drafted with the Agency.

On March 16, 1995, the Board opened a docket to consider amendment of the special

waste hauler requirements of the land pollution control regulations and authorized two

hearings in the matter. (See issue 493, Apr., 1995.) The Board held public hearings on

the proposed amendments on June 7, 1995, in Chicago, and June 21, 1995, in Springfield.

A Notice of Proposed Amendments appeared in the September 22, 1995 Illinois

November 6, 1995. After the First Notice comment period has ended, the Board will be

free to propose the amendments for Second Notice review by the Joint Committee on

Administrative Rules (JCAR).

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

Victoria Agyeman, at 312-814-6920. Please refer to docket R95-11.

PART I 15% ROP CLEANUP AMENDMENTS PROPOSED, R96-2

The Board proposed Part I cleanup amendments to the 15% reduction of pollution

(ROP) plan regulations on September 7 and 21, 1995. The amendments would change

the 15% ROP plan to revise the annual deadline for compliance with the 7.2 pounds per

square inch (psi) Reid vapor pressure (RVP) requirement for certain gasoline suppliers

from May 1 to June 1. The Board adopted the 7.2 psi RVP requirements as a portion of

the Part I 15% ROP rules on September 15, 1994. The presently-proposed cleanup

amendments would make an emergency rule that delayed the annual effective date, of

February 23, 1995, in R95-10, into a permanent rule. The Second change is to correct the

identification number for the Clark Oil terminal in the metropolitan East St. Louis area,

which is subject to the marine vessel loading rules. The marine vessel loading

regulations were involved in the Part II 15% ROP proceeding, which the Board adopted

on October 20, 1994, under docket number R94-15.

The Board adopted the 15% ROP regulations in seven parts, as submitted by the

Agency, between September 15, 1994 and May 4, 1995. The aggregate of the seven parts

are intended to reduce emissions of ozone-forming volatile organic compounds in the

Chicago and metropolitan East St. Louis areas, as required by federal law. The federal

Clean Air Act Amendments of 1990 (CAAA) require a reduction in ozone precursor

emissions in areas that are nonattainment for ozone. (See issue 495, June-July, 1995.)

The Board initially accepted and proposed the Part I 15% ROP cleanup proposal

pursuant to the "fast-track" rulemaking provisions of Section 28.5 of the Environmental

Protection Act (Act) on September 7, 1995. However, after closer scrutiny of the

proposal, on September 21, 1995, the Board corrected this and accepted and proposed the

Administration Building, County Board Room, 157 North Main Street,

Edwardsville.

Direct questions to Audrey Lozuk-Lawless, at 312-814-6923. Request copies

from Victoria Agyeman, at 312-814-3620. Please refer to docket R96-2.

STANDARDS PROPOSED FOR NEW UTILITY WASTE LANDFILLS, R96-1

The Board proposed alternative standards for new utility waste landfills on

September 21, 1995, in docket R96-1. The proposed new Part 816 standards would

establish an alternative means of satisfying the liner and cap requirements for certain new

landfills. They would allow owners and operators of chemical waste landfills that accept

only flue gas desulfurization (FGD) sludges and coal combustion ash from electric

utilities to use these materials stabilized using the proprietary, patented Poz-O-Tec©

process as liner and cap material. The proposed rules would alternatively allow

monofilling of Poz-O-Tec© materials without a liner and cap.

The proposed rules mirror adjusted standards granted to Conversion Systems, Inc.

in AS 93-4 and AS 93-5, on July 7, 1995. In granting the adjusted standards, the Board

initiated this rulemaking in the belief that a rule of general applicability was a more

appropriate method to allow the use of the Poz-O-Tec© materials. (See issue 496, Aug.,

1995.) Board Member Ronald C. Flemal dissented from the vote to propose the

regulations.

Direct questions to Chuck Feinen, at 312-814-3473. Request copies from Victoria

Agyeman, at 312-814-3620. Please refer to docket R96-1.

PRE-HEARING CONFERENCE SCHEDULED FOR WATER QUALITY

AMENDMENTS PROPOSAL, R94-1

The Board has scheduled a pre-hearing conference on the proposed amendments

to certain of the water quality regulations. The proposed amendments would amend

certain of the water quality regulations by updating various standards for ammonia

nitrogen, lead, and mercury. The Board has scheduled a pre-hearing conference to occur

in Chicago as follows:

11:00 a.m., Wednesday, November 8, 1

995

Illinois State Labor Relations Board

160 North LaSalle Street

4th Floor

Chicago.

The Illinois EPA (Agency) water quality proposal proceeded from a mandatory

triennial review of the Illinois stream water quality regulations required under the federal

Notices of Proposed Amendments appeared in the Register on September 30, 1994. As

observed in the hearing officer order scheduling the pre-hearing conference, those Notices

have since expired, and the Board will have to consider the proposal again for First

Notice publication. (Issues 481, April, 1994; 483, June, 1994 & 487, Oct., 1994.) The

Board has already conducted three public hearings on the proposal, on November 10,

1994 and January 26, 1995, in Chicago, and on November 22, 1994, in Springfield.

Direct questions to Diane F. O'Neill, at 312-814-6062. Please refer to docket

R94-1.

PROPOSAL TO AMEND STEEL AND FOUNDRY LANDFILL RULES ACCEPTED,

SET FOR HEARING, R96-3

The Board accepted a petition on September 21, 1995 that would have the Board

amend the regulations applicable to existing landfills that accept steel and foundry

industry waste. The Board accepted the filing and granted a motion to waive the statutory

200-signature requirement. The proposal, filed September 6 by the Illinois Cast Metals

Association, would have the Board amend the landfill regulations by adding an

exemption from the existing locational standards. At present, the regulations prohibit

construction of new landfill units within a regulated recharge area or within 1200 feet of

Class I or Class III groundwater. The Association would have the Board create an

exemption for those facilities that can demonstrate no potential to impact groundwater.

The hearing officer has scheduled two public hearings on the proposal, to occur as

follows:

10:00 a.m., Tuesday, November 28, 1995

James R. Thompson Center

100 West Randolph Street, Suite 11-500

Chicago

12:00 a.m., Thursday, November 30, 1995

Illinois Local Government Law Enforcement Officers Training Board

600 South Second Street

Springfield

Direct questions to the hearing officer, Audrey Lozuk-Lawless, at 312-814-6923.

Please refer to docket R96-3.

APPELLATE UPDATE

FOURTH DISTRICT UPHOLDS BOARD RECONSIDERATION DECIDED BY

TELEPHONE CONFERENCE

In a case of first impression in Illinois, the Fourth District upheld a Board decision

On May 5, 1994, in People of the State of Illinois v. Freedom Oil Co., PCB 93-59,

the Board found that the appellant had violated the Act and Board regulations and issued

an order that assessed a $15,000 penalty against the appellant. The appellant paid that

penalty on May 23, 1994. The Board noticed that the draft of the opinion and order

issued, which assessed the $15,000 penalty, was not the draft version that it considered

and approved on May 5. The Board decided to reconsider its decision and issue the

appropriate draft. To this end, the Board published notice of a special Board meeting

(including personal notice to counsel for the appellant) and conducted a meeting by

telephone conference call by speaker phone on June 6, 1994. The Board issued the

appropriate opinion and order on that date, assessing a $30,000 penalty against the

appellant. (See issues 483, June, 1994 & 484, July, 1994.)

The appellant appealed the May 5, 1994 Board opinion and order on June 9, 1994,

before receiving a copy of the Board's June 6 opinion and order. The appellate court

dismissed that appeal, in Freedom Oil Co. v. People (4th Dist. July 19, 1994), No. 4-94-

0537), because the appellant had failed to name the Board as a party. The appellant

appealed the Board's June 6, 1994 reconsideration on September 2, 1994, which is the

proceeding that resulted in the instant decision of the Fourth District appellate court.

The first issue decided by the court of appeals was whether it had jurisdictio

n over

the appeal. In response to the Board's argument that the court's dismissal of July 19, 1994

was dispositive, the court observed that it was a dismissal for lack of jurisdiction, and was

not on the merits of the case. It noted that Board procedural rules provide for

reconsideration of Board decisions and that Board reconsideration on June 6, 1994

rendered the May 5 decision interlocutory. The Fourth District observed that the appeal

before it was of the Board's June 6, 1994 decision and timely filed. The court concluded

that it had jurisdiction to hear the appeal.

The second issue, raised by the appellant, related to whether the Board had the

authority to alter the amount of the penalty. The court noted that the Board's procedural

rules provided for the Board initiating reconsideration and correcting clerical errors on its

own initiative. It observed that the appellant did not challenge this authority, but that the

appellant argued instead that the Board's reconsideration of June 6 went beyond the mere

correction of a clerical error to a doubling of the penalty assessed. The appellate court

examined the record and concluded that the record supported a conclusion that the Board

was correcting a clerical error in its reconsideration of June 6, 1994.

The final issue, raised by the appellant, related to whether the Board had the

authority to reconsider its May 5 decision by a telephone conference on June 6. The court

first determined that although the appellant had not earlier raised the issue, the issue fell

within an exclusion to the waiver rule because it was capable of arising again. The

with the Board of Elections, and that such telephone meetings actually could further the

goals of the Open Meetings Act. Observing that the appellant had failed to cite any

authority to support a conclusion that the Board was prohibited from meeting by

telephone, the appellate court held that the Board had not acted improperly by

reconsidering its penalty in this way. In concluding, the Fourth District cautioned that the

Board should adopt procedural rules for the conduct of telephonic meetings if it intends to

conduct some of its meetings by telephone in the future.

FOURTH DISTRICT AFFIRMS BOARD CITING REVERSAL; PROCEEDINGS NOT

FUNDAMENTALLY FAIR

In a recent decision, Southwest Energy Corp. v. PCB (4th Dist. Sep. 7, 1995), No.

4-94-0759, the Fourth District appellate court affirmed a Board determination in a

pollution control facility siting appeal. The Board had vacated the siting approval granted

in Concerned Citizens for a Better Environment v. City of Havana (May 19, 1994), PCB

94-44, determining that the City had deprived opponents to the proposed waste-to-energy

incinerator of fundamental fairness. On appeal, the Fourth district agreed.

The siting applicant filed an application for siting approval for its proposed

facility with the City of Havana. With the assistance of the siting applicant, the City

hired an attorney to act as hearing officer. The local chamber of commerce sponsored a

luncheon where the siting applicant discussed the proposed facility on September 16,

1993. An opponent to the facility siting was barred from the luncheon because she did

not have an invitation. Siting opponents filed an appearance to challenge the siting on

September 29, 1993. In October, 1993, the siting applicant at least partially sponsored

City council members, the press, and others on a tour of its similar facility in

Massachusetts. Opponents to the facility siting were not invited on the tour. The City

conducted public hearings on the siting application in October and November, 1993,

following which the hearing officer submitted her report that included recommended

findings of fact and conclusions of law. The City granted citing approval under Section

39.2 of the Environmental Protection Act.

The siting opponents appealed the approval to the Board. The record assembled

before the Board indicated that the siting applicant had participated in the interviewing

and hiring of the City's hearing officer. The siting applicant had paid the hearing officer

directly and, along with the City, had reviewed and commented on her draft siting

ordinances during the editing process. The record further indicated that the hearing

officer experienced confusion over whether the City or the siting applicant was her client.

Finally, City council members indicated that the tour of the Massachusetts facility did not

influence their decision to vote in favor of siting approval.

siting applicant contained inherent bias and that the City had allowed the applicant

control over the hearing officer.

The Fourth District first observed the nature of the role of the local governing

body in reviewing an application for siting approval. It noted that the process is

frequently characterized as quasi-adjudicatory, but that even after the governing body has

given consideration to the nine criteria of Section 39.2 and determined that the applicant

has met all nine, the body may still permissibly deny siting approval based on quasi-

legislative concerns. Citing Tate v. PCB (4th Dist. 1989), 188 Ill. App. 3d 994, 544

N.E.2d 1176, the court stated that although participants can demand fundamental fairness

in the review of a siting application, they are not entitled to a fair hearing under the

Constitutional guarantee of Due Process. The participants have a right to present, review,

and object to evidence in the record, but they have no right to cross-examine witnesses.

The court then considered whether the trip to the Massachusetts facility denied

fundamental fairness. The Fourth District stated that the way the trip occurred denied

opponents of the proposed facility "knowledge of information which the trip participants

obtained", thus hindering their preparation of their case against the facility. Even if

allowed a later opportunity to tour the facility, the court believed there was no guarantee

that the opponents would have had access to the same information. The court held that

the Board had correctly determined that the trip to Massachusetts denied fundamental

fairness, and further noted that its conclusion did not depend on any right to cross-

examine trip participants. The court responded to the siting applicant's arguments that the

tour was only marginally relevant to the siting decision and that it did not prejudice the

siting opponents. It stated that the trip was highly relevant to the suitability of the

proposed facility to the surrounding area. It further concluded that whether there was

actual prejudice was immaterial because the siting opponents were not given equal access

to information obtained by the counsel members.

In response to a request for future guidance on the issue, the Fourth District stated

that a local governing body could tour an existing facility without violating fundamental

fairness. The court said, "Fundamental fairness merely requires that representatives of all

parties to the siting proceeding be given an opportunity to accompany the local governing

body when it takes such a tour." The court further observed that although it is proper for

the siting applicant to bear the expenses of such a tour, the appropriate procedure is for

the local governing body to pay the expenses directly and later seek reimbursement from

the applicant.

The Fourth District then examined the relationship among

the City, the hearing

officer, and the siting applicant. The court noted that the Board had found that the

hearing officer was not actually biased and that she had not voted for the siting approval.

held that the Board properly considered the hearing officer's testimony that she was

confused whether the siting applicant was also her client, as well as the City.

Finally, the Fourth District considered the issue of whether the chamber of

commerce luncheon denied fundamental fairness. It concluded that it did not. The court

observed that at the time of the luncheon, no opponents to the siting application had filed

an appearance. The court stated that, unlike the Massachusetts facility tour, it would have

been impossible to include them in the luncheon at that time.

FOR YOUR INFORMATION

BOARD HOME PAGE ON THE INTERNET

The Board has opened a Home Page on the internet. Available through the Home

Page is various information about the Board and Board members, including electronic

access to issues of the Environmental Register. In a recent newspaper article about access

to Illinois government through the Internet, the State Journal-Register (Sunday,

September 17, 1995) stated: "One of the more substantive pages is offered by the

Pollution Control Board. Aside from the usual Web fodder of personnel profiles, meeting

dates and agendas, the IPCB also includes an extensive fiscal year 1995 review and case

statistics." More information on the Home Page appears on page 26 of this issue,

including the address information.

IEC CONFERENCE TO BE HELD IN SPRINGFIELD

The Illinois Environmental Council will hold its annual conference in Springfield

on Saturday, October 28, 1995. The open program, which will begin at around 10:00

a.m., after the closed business meeting, will include Lieutenant Governor Bob Kustra and

Congressman Dick Durban. The conference will be held at the Public Affairs Center of

the University of Illinois at Springfield (formerly Sangamon State University).

RESTRICTED STATUS AND CRITICAL REVIEW LISTS FOR PUBLIC WATER

SUPPLIES IN THIS ISSUE

The Illinois Environmental Protection Agency, Division of Public Water Supplies,

is publishing copies of the Division's Restricted Status and Critical Review lists at the end

of this issue of the Environmental Register. These lists reflect the status as of October 1,

1995.

RESTRICTED STATUS AND CRITICAL REVIEW LISTS FOR SEWAGE

TREATMENT IN THIS ISSUE

The Illinois Environmental Protection Agency, Division of Water Pollution

New NESHAP for Aerospace Manufacturing and Rework Facilities

On September 1, 1995, U.S. EPA adopted national emission standards for

hazardous air pollutants (NESHAP) for the aerospace manufacturing and rework facilities

category. New 40 CFR 60, Subpart GG would regulate the emission of hazardous air

pollutants from sources within the category. Among the contaminants emitted by the

2,869 facilities nationwide in this category that will now become subject to regulation are

emissions of chromium, methylene chloride, toluene, xylene, methyl ethyl ketone,

ethylene glycol, and glycol ethers. U.S. EPA anticipates annual emissions reductions of

123,700 tons of hazardous air pollutants through the rule, which amounts to about 59

percent of all emissions. The cost of nationwide compliance is estimated to range from a

net savings of $49.2 million to a net cost of $660 million, with U.S. EPA anticipating a

net cost of about $21 million. The compliance deadline for all commercial, civil, and

military facilities is September 1, 1998.

Rescission of Radionuclide Emissions Standards

On September 5, 1995 (60 Fed. Reg. 46206), U.S. EPA rescinded its 40 CFR 61,

Subpart I regulations, as it applied to nuclear reactors. Section 112(d)(9) of the Clean Air

Act Amendments allowed U.S. EPA to decline to regulate emissions from nuclear

reactors if it determines in consultation with the Nuclear Regulatory Commission (NRC)

that the NRC regulations provide an "ample margin of safety" to adequately protect

public health. Having now made this determination, U.S. EPA rescinded its October 31,

1989 Clean Air Act Section 112 regulations governing emissions of radionuclides from

nuclear power reactors. The facilities formerly regulated included hospitals, research

facilities, pharmaceutical manufacturers, laboratories, industrial facilities, uranium mills,

fuel fabrication plants, and nuclear power reactors. Never regulated were facilities like

naval nuclear reactors that never had an NRC license.

Specified Conditions for UST Lender Liability Exemption

U.S. EPA adopted amendments to its underground storage tank (UST) regulations

on September 7, 1995 (60 Fed. Reg. 46692) that limit the liability of lenders for UST

remedial action. New 40 CFR 280, Subpart I specifies the conditions under which a

"security interest holder" may be exempted from payment of remedial action costs and

from technical and financial assurance requirements that otherwise apply to tank owners

and operators. Section 9003(h)(9) of RCRA exempts a person who holds indicia of

ownership primarily to protect a security interest and who meets certain conditions from

the definition of "owner". The conditions are that that person must not have actively

participated in the management of the facility and must not have otherwise been active in

petroleum production, refining, or marketing. The statutory exemption is not limited to

5403-93, which does not apply to thin film UV-cured surface coatings and inks. U.S.

EPA modified Method 24 to state the inapplicability of method D 5403-93 under certain

circumstances.

Lead-Based Paint Hazards Guidance Available

U.S. EPA had its "Guidance on Identification of Lead-Based Paints Hazards"

printed in the Federal Register, on September 11, 1995 (60 Fed. Reg. 47248). Section

403 of the federal Toxic Substances Control Act (TSCA) requires U.S. EPA to adopt

rules for the identification of the hazards of lead-based paint and lead-contaminated soil

and dust. It issued a guidance document to identify those hazards on July 14, 1994 as an

interim measure while assembling the required regulations. U.S. EPA had the entire text

of the document reprinted in the Register in order to make the document more widely

available.

Federal Vehicle I/M Relaxations

On September 18, 1995 (60 Fed. Reg. 48029), U.S. EPA adopted an alternative

relaxation of the vehicle inspection and maintenance (I/M) regulations for areas that can

demonstrate that they can achieve the goals of the Clean Air Act Amendments of 1990

(CAAA). The adopted rules would create a second, less stringent test for those areas that

can achieve the reasonable further progress (RFP) deadlines of the CAAA. The original

test, formerly the enhanced I/M test, is now called the high enhanced I/M performance

standard. The new test is called the low enhanced performance standard. The new low

enhanced test includes the minimum two inspections per vehicle: an emissions

inspection and a visual inspection.

The new low enhanced I/M standard changes a number of elements required under

the high enhanced standard. Among these changes are an extended deadline for

implementing the minimum repair expenditure for a waiver; the allowable application of

the costs of pre-inspection repairs and repairs of primary emissions control components

by non-technicians towards the waiver expenditure; and that more than one hardship

exemption may issue per vehicle lifetime. U.S. EPA also amended the high enhanced

I/M test to include a visual inspection of the positive crankcase ventilation (PCV) valve

on all 1968 through 1971 and of the exhaust gas recirculation (EGR) system on all 1972

through 1983 light-duty vehicles and light-duty trucks. In a change to the applicability of

the basic I/M test, U.S. EPA changed the population cutoff for basic I/M from 50,000 to

200,000; it intends to propose an additional performance test for those areas in the future.

In a more general amendment to the applicability provisions, U.S. EPA made clarifying

amendments to the requirements for areas undergoing redesignation. U.S. EPA adopted

the rules on April 28, 1995 (60 Fed. Reg. 20934). (See memo of May 18, 1995.)

U.S. EPA established the 40 CFR 51 vehicle I/M rules on November 2, 1992 (57

As to the waiver requirements, U.S. EPA has extended the deadline for full

implementation of the waiver expenditure requirements until January, 1998, allowing the

states to establish any minimum expenditure requirements they choose. Further, states

may apply repair expenditures incurred within 60 days prior to an emissions test to the

waiver expenditure, and the bar is removed from receiving more than a single hardship

exemption during the lifetime of a vehicle.

As to the enhanced I/M requirements, a state can use the low enhanced I/M test if

it can show that an area can achieve the RFP objectives for carbon monoxide or ozone, as

applicable, without the benefits of the high enhanced I/M test regime. This low enhanced

I/M alternative was designed for areas that do not have a major mobile source component

to their air quality problem or those that can attain sufficient emissions reductions from

other sources to meet the 15% VOM emission reduction requirement (15% ROP) and

demonstrate compliance with the national ambient air quality standard (NAAQS).

In addition to the adopted waiver and low enhanced I/M amendments, U.S. EPA

adopted amendment of the enhanced I/M performance standard to correct the omission of

a visual inspection for pre-1984 vehicles. This was in response to the remand in NRDC

v. EPA, 22 F.3d 1125 (D.C. Cir. 1994). The visual inspection is of the positive crankcase

ventilation (PCV) valve of all 1968 through 1971 light-duty vehicles and light-duty trucks

and of the exhaust gas recirculation (EGR) valve of all 1972 through 1983 light-duty

vehicles and light-duty trucks.

The amendment of the population threshold, based on a 1990 census, to 200,000

would essentially revert the minimum population requirements to the levels that existed

before the CAAA. The amendments relating to areas undergoing redesignation from

nonattainment to attainment clarify amendments of January 5, 1995 (60 Fed. Reg. 1738).

These amendments clarify that an area that is eligible for redesignation does not need to

implement or upgrade an I/M program if it experiences a violation of an NAAQS.

Rather, the state can select whatever measures it deems appropriate to quickly bring the

area into attainment. However, U.S. EPA will still require that the I/M program be

among the measures from which the state may choose.

(Editor's note: The Board adopted rules relating to the high enhanced I/M

program on December 1, 1994 under dockets R94-19 and R94-20. See issue 490, Jan.,

1995. R94-19 was a "fast-track" proceeding, and it involved vehicle engine exhaust

emissions. R94-20, and identical-in-substance proceeding, involved fuel evaporative

emissions.)

Emission Standards for Marine Tank Vessel Loading Operations

On September 19, 1995 (60 Fed. Reg. 48388), U.S. EPA adopted reasonably

available control technology (RACT) requirements to limit the emission of volatile

1995 (60 Fed. Reg. 16801). (See memo of April 13, 1995.) U.S. EPA anticipates

reductions of about 4,565 tons per year of HAPs and 42,900 tons of VOCs after 1999, at a

nationwide cost of between $60 and $100 million for existing facilities and a total cost of

between $266 and $440 million.

(Editor's note: The Board adopted the R94-15 Part II proposal on October 20,

1994, which extended VOM emissions control measures to the loading of marine vessels.

U.S. EPA approved the Part II ROP amendments on August 18, 1995 (60 Fed. Reg.

43244).)

Approval of Illinois VMT Plan

On September 21, 1995, U.S. EPA granted state implementation plan (SIP)

approval, effective October 23, 1995, for the Chicago area vehicle miles travelled (VMT)

plan. The federal notice states that Illinois has implemented 127 transportation control

measures (TCMs) that will result in vehicle emission reductions of more than two tons of

volatile organic compounds (VOCs) per day in the affected area.

Section 182(d)(1)(A) of the federal Clean Air Act (CAA) requires states to submit

transportation control strategies and TCMs for areas designated as severe ozone

nonattainment to offset growth in vehicle miles travelled (VMT). U.S. EPA interprets

three elements to this requirement. The first, emissions offsets, was due on November

15, 1992. The second element, a VMT offset to comply with the 15 percent reasonable

further progress (RFP) requirements, was due on November 15, 1993. The final element,

which requires the VMT offset SIP to comply with post-1996 RFP was due on November

15, 1994. Illinois submitted the documentation to U.S. EPA to support the VMT offset

SIP on July 14, 1994. U.S. EPA proposed SIP approval of the first and second elements

on December 6, 1994 (at 59 Fed. Reg. 62649). (See memo of December 19, 1994.) U.S.

EPA stated on the third element that if its evaluation indicates that Illinois will have to

submit further TCMs, U.S. EPA will be required to re-evaluate the second element, the

VMT offset.

Illinois demonstrated to U.S. EPA that vehicles will not increase through 2007

with the anticipated annual growth in VMT at the rate of 2.7 percent. If the

socioeconomic assumptions built into this projection prove in error, Illinois will be

required to monitor actual VMT growth on a triennial basis beginning in 1996. The

Chicago Area Transportation Study (CATS), the metropolitan planning organization for

the area, studied TCMs and anticipated emissions reductions, and the state has

implemented 111 TCMs based on the study. 127 TCMs are incorporated into the Illinois

SIP, which are anticipated to reduce VOC emissions by an aggregated 2.78 tons per day

(tpd). Illinois will use 2.0 tpd to fulfill the 15 percent RFP requirement; the remaining

0.78 tpd will apply towards post-1996 RFP. Among the TCMs in the SIP are vanpool

7503), by which the state will review all new major pollutant sources for issuance of

CAA permits in nonattainment areas.

The NSR rules are the amendments adopted by the Board on April 22, 1993, in

docket R92-21, and corrected a typographical error in the rules on March 31, 1994, in

docket R93-26. (See issues 470, May 19, 1993 & 481, Apr., 1994.) U.S. EPA had

proposed conditional approval or, in the alternative, disapproval of the rules on

September 23, 1994 (60 Fed. Reg. 49779) due to cited defects in the rules. U.S. EPA

perceived no problems with the language of the R92-21 regulations themselves. Rather,

the problem is with two Board opinion interpretations of a certain provision, Section

203.209(b), set forth in the Board's April 22, 1993 opinion and order. U.S. EPA stated

that it would approve the NSR regulations if the Board withdrew its interpretations.

Alternatively, U.S. EPA stated that it would disapprove the Illinois NSR SIP if the Board

interpretations remained unchanged at the time of final U.S. EPA action. On February

16, 1995, the Board withdrew segments of its April 22, 1993 final opinion and order in

R92-21, which satisfied U.S. EPA, resulting in federal approval of the Illinois NSR rules.

U.S. EPA approved the NSR rules despite two other features that it earlier cited as

deficiencies. First, U.S. EPA approved a switch from a dual definition of stationary

source to a plantwide definition because it did not perceive that this substitution will

affect the state's ability to come into compliance. Second, the fact that the state does not

have authority under the rules to review major new sources of particulate matter (PM)

precursors did not affect the decision to approve the SIP revision. The PM nonattainment

areas of the state are McCook, Lake Calumet, LaSalle, and Granite City. U.S. EPA

analyzed these areas and concluded that PM precursors did not significantly contribute to

the PM problems they had. For this reason, U.S. EPA granted its approval

notwithstanding this lack of authority.

Approval of Illinois Part IV 15% ROP

On September 27, 1995 (60 Fed. Reg. 49770), U.S. EPA approved major

segments of Illinois' Part IV 15% reduction of pollution (ROP) plan by a direct final rule.

The approval will become effective November 27, 1995 unless earlier withdrawn by U.S.

EPA. U.S. EPA published the associated notice of proposed rule on the same date (60

Fed. Reg. 49814).

The Board adopted the Part IV 15% ROP amendments on April 20, 1995, under

docket R94-21. The Part IV amendments lowered the VOM content of coatings for

several categories of surface coaters: the can, paper, coil, fabric, vinyl, metal furniture,

baked large appliance, and miscellaneous parts and products coating categories. The Part

IV amendments also imposed reductions in VOM emissions from sources in the

automotive/transportation and business machine plastic parts coating categories that

The segment of the Part IV 15% ROP amendments approved by U.S. EPA were

those pertaining to SOCMI air oxidation process emissions. The Part IV amendments

extend the applicability of the SOCMI air oxidation process rules to existing processes

with a total resource effectiveness (TRE) between 1.0 and 6.0 effective December 31,

1999. The amendments caused the rules to apply to new processes with a TRE less than

6.0 upon startup. The rules already required compliance of process units with a TRE of

1.0 or less. Once a source becomes subjected to the requirements, it will remain

subjected to them despite any operational changes that increase the TRE above 6.0.

Issuance of General Stormwater Discharge Permit for Industrial Activities

U.S. EPA issued a general permit for industrial stormwater discharges on

September 29, 1989 (60 Fed. Reg. 50804). The permit governs stormwater discharges

associated with industrial activity, including discharges through large and medium

municipal separate stormwater sewer systems. Included in the permit are discharges from

a myriad of industrial facilities in 29 categories. Included in the general permit are

effluent limitations, permit conditions, and compliance options for each of the categories.

U.S. EPA established its definition of "storm water discharge associated with

industrial activity" on November 16, 1990 (55 Fed. Reg. 47990), along with permit

application requirements for such discharges. U.S. EPA allowed three permit options:

individual permit applications, participation in a group permit application, or coverage

under a general permit. The group permit applications were due in separate segments,

with the Part 1 application due on September 30, 1991 and Part 2 due on October 1, 1992.

The general permit issued was the result of the 1,200 group Part 1 permit applications

received to cover 60,000 facilities. The permit covers sources in states that are not fully

authorized to issue NPDES permits. It does not apply to sources in Illinois, since Illinois

is NPDES-authorized. However, U.S. EPA encourages the authorized states to use the

general permit if they have the authority to do so.

U.S. EPA estimates that nationwide there are about 100,000 facilities that

discharge stormwater associated with industrial activity. Due to the administrative

burden of permitting these facilities, U.S. EPA is pursuing a tiered approach. Under Tier

I, baseline permitting, U.S. EPA will issue one or more general permits to cover the

majority of the discharges. Under Tier II, watershed permitting, U.S. EPA will target

watersheds adversely impacted by the discharges and issue the necessary general permits

on a watershed-specific basis. U.S. EPA will issue industry-specific general permits

under Tier III, industry-specific permitting. Finally, Tier IV, facility-specific permitting,

will target specific targets for permitting. U.S. EPA issued the general permit in

implementing Tier I.

stated that certain organic peroxide manufacturing wastes are inherently unstable and

cannot be safely contained in closed units or systems; they can undergo spontaneous,

rapid thermal decomposition and hydrolysis at ambient temperatures or below. Once

initiated, these self-accelerating reactions rapidly generate large volumes of organic

gasses and oxygen. Confinement under these conditions, according to U.S. EPA can

result in explosion, detonation, and/or fire.

(Editor's note: The Board adopted the Subpart CC regulations and the later stay in

the R95-4/R95-6 RCRA Subtitle C/UIC update on June 1, 1995. See issue 495, June-

July, 1995.)

POLLUTION CONTROL BOARD

OPENS A HOME PAGE ON THE WORLD WIDE WEBB

The Pollution Control Board has developed a Home Page on the World Wide

Webb on the Internet and began placing information on the Home Page in September.

This replaces the former Electronic Bulletin Board System (BBS). The World Wide

Webb contains Board Agendas, Environmental Registers, Annual Reports, Citizen

Participation Guides, and various documents about the Board. Additional information

about the Home Page address is provided on page 27 of this issue.

NEW EMPLOYEES continued from page 1.

Ms. Hoogasian is a 1994 graduate of the John Marshall Law School. Among

other activities in law school, Ms. Hoogasian studied international law abroad through the

University of Minnesota Law School at Uppsala University in Uppsala, Sweden. She was

a finalist in the Fred H. Herzog Moot Court Competition, a class representative for the

Student Bar Association, a student advisor, and a member of the Environmental Law

Society. During law school, Ms. Hoogasian clerked at the Lake County State's Attorney's

office and the Cook County State's Attorney's office. She also interned in the

Environmental Control Division of the Illinois Attorney General's office. After receiving

her law degree, Ms. Hoogasian worked as an Assistant State's Attorney prosecuting

misdemeanor cases for the Lake County State's Attorney. Ms. Hoogasian received her

undergraduate degree in behavioral science and law and history from the University of

Wisconsin at Madison. She was a member of the Gamma Phi Beta sorority and the

National Order of Omega. As part of her undergraduate curriculum, Ms. Hoogasian

inter-fraternity activities, and participated in the Eastern Illinois University Mock Trial

Team. Mr. St. Angel earned several distinctions and awards in undergraduate school,

including being named in Who's Who Among Students in American Universities and

Colleges and on the university's dean's list and receiving the Pi Kappa Alpha

Distinguished Service and Outstanding Executive Officer Awards and the Dick Lynch

Award for Outstanding Involvement. He was President of the Order of Omega, an

honorary member of Sigma Iota Lambda, and a member of Psi Chi, the psychology honor

society. After graduation, Mr. St. Angel worked for the Governor's legislative office and

for the Board under a Dunn Fellowship from the Governor's office. He subsequently was

the Governor's Travel Aide prior to returning to work for the Board on a permanent basis.

The Board and staff hope that you will join them in warmly welcoming these two

new employees.

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 @ 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.

FINAL ACTIONS - September 7, 1995 BOARD MEETING

94-371City of Elgin v. EPA - The Board granted this Kane County facility an exception

to the community water supply well setback zone requirements of the public water supply

regulations, to allow construction of a new two-cell lime residue storage lagoon at the

petitioner's water treatment plant.

95-98

JLM Chemicals, Inc. (formerly BTL Specialty Resins Corporation) v. EPA - The

Board found that phenol production waste generated by this Cook County facility is a

listed hazardous waste and denied a variance from the RCRA hazardous waste

management requirements of the land pollution control regulations because the petitioner

96-51

Commonwealth Edison Company, Fisk, Crawford, Will County and Joliet

Generating Stations v. EPA - Upon receipt of an Agency recommendation, the Board

granted four of the petitioner's Cook and Will County facilities an 18-day extension of the

provisional variances previously granted in PCB 95-183 and PCB 96-26 from the effluent

temperature standards of the water pollution control regulations and from the Board's

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 generating units.

AC 92-37

Sangamon County v. Gerald Bruce Miller - On remand from the Fourth

District appellate court in this administrative citation, the Board assessed $150.00 as its

costs of hearing against the Sangamon County respondent, disallowed $90.00 in the

County's costs determined by the court as beyond the scope of hearing costs, and ordered

the respondent to pay a civil penalty of $500.00. Board Member J. Theodore Meyer

dissented.

AC 95-41

Will County v. Carl Smits - The Board granted voluntary withdrawal of

this administrative citation involving a Will County respondent, and closed this docket.

AC 95-46

Will County v. William Mintz - The Board granted reconsideration of its

August 3, 1995 default order in this administrative citation against a Will County

respondent, in which the Board found that the respondent had violated the Act, and

granted voluntary withdrawal of the citation.

AC 96-3

County of Jackson v. Mary Endress - The Board granted voluntary

withdrawal of this administrative citation against a Jackson County respondent.

AC 96-5

Montgomery County v. Envotech Illinois, Inc. - The Board entered a

default order, finding that the Montgomery County respondent had violated Section

21(o)(5) of the Act and ordering it to pay a civil penalty of $500.00

AC 96-9

EPA v. Charlie Fyffe - The Board granted voluntary dismissal this

administrative citation against a Wabash County respondent.

R95-12

In the Matter of: Clean Fuel Fleet Program: Proposed 35 Ill. Adm. Code

Part 241 - See Rulemaking Update.

95-122Olive Streit and Lisa Streit v. Oberweis Dairy, Inc., Richard Fetzer and Johnnie

W. Ward, d/b/a Serve-N-Save, and Richard J. Fetzer, individually, Amoco Oil Company,

and Mobil Oil Corporation - The Board determined that this citizens' underground storage

tank enforcement action against a Kane County facility was not frivolous and duplicitous,

that the complaint stated a cause of action, and granted dismissal of the Agency as a

respondent and accepted the complaint for hearing.

95-154Central Illinois Public Service Company v. EPA - Having previously granted this

Jasper County facility an extension of time to file its land permit appeal, the Board

accepted a timely petition for hearing.

96-20

Barbara 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 found that this

citizens' noise enforcement action against a Cook County facility was neither frivolous

nor duplicitous and accepted the complaint for hearing.

96-22

Lew D'Souze and Patricia D'Souza v. Ricahrd Marraccini and Joanne Marraccini -

The Board found that this citizens' noise enforcement action against a Cook County

facility was neither frivolous nor duplicitous and accepted the complaint for hearing.

96-45

Village of Gardner v. EPA - The Board held this petition filed on behalf of a

Grundy County facility for a variance from the standards of issuance and restricted status

provisions of the public water supply regulations, to the extent they apply to the radium-

226 and radium-228 content and gross alpha activity of the petitioner's water, for an

Agency recommendation.

96-46

The Galesburg Sanitary District v. EPA - The Board held this petition filed on

behalf of a Knox County facility for a variance from the effluent biochemical oxygen

demand requirements of the water pollution control requirements for an Agency

recommendation.

96-47

Joseph Bogacz v. Commonwealth Edison - The Board held this citizen's air

enforcement action against a Cook County facility for a frivolous and duplicitous

determination.

96-48

Shell Oil Company (Orland Park Facility) v. EPA - The Board accepted this

96-51

Commonwealth Edison Company, Fisk, Crawford, Will County and Joliet

Generating Stations v. EPA - See Final Actions.

AC 96-6

County of Will v. CDT Landfill - The Board accepted an appeal requesting

a hearing in this administrative citation against a Will County facility.

AC 96-11

EPA v. Thomas E. Damm and Marily S. Damm - The Board received an

administrative citation against Macoupin County respondents.

AS 95-1

In the Matter of: Petition of Tommy House Tire for an Adjusted Standard

from 35 Ill. Adm. Code 848.202(b)(2) and (b)(5) - The Board accepted an amended

petition filed on behalf of a Macon County facility for an adjusted standard from certain

of the used tire accumulation and storage requirements of the land pollution control

regulations, and, finding that the petition raises several issues, the Board set this matter

for hearing despite a waiver from the petitioner.

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 accept this petition on

behalf of a Coles County facility for an adjusted standard from certain of the landfill

closure requirements of the land pollution control regulations.

AS 96-3

In the Matter of: Petition of the Cabot Corporation for an Adjusted

Standard from 35 Ill. Adm. Code 738.Subpart B - Board acknowledged receipt of this

petition for modification of the adjusted standard from certain of the hazardous waste

underground injection disposal restrictions of the land pollution control regulations

granted this Douglas County facility in docket AS 92-8, noted substantial differences

between this petition and the prior petition, opened a new

docket for this petition, and ordered the filing of an amended petition with the

appropriate filing fee.

R96-2

In the Matter of: Clean-Up Part I, Amend ments to 35 Ill. Adm. Code 219.585(a)

and 219.Appendix E - See Rulemaking Update.

enforcement action against a Cass County facility, ordered the respondent to pay a civil

penalty of $500.00, and ordered it to cease and desist from further violation.

94-202People of the State of Illinois v. Summit Environmental Services, Inc. - The Board

found that respondent had improperly transported hazardous waste to a facility not

permitted and equipped to receive it, in violation of the Act and the RCRA Subtitle C

hazardous waste requirements of the Illinois land pollution control regulations, and

ordered the respondent to pay a civil penalty of $200,000.00 and the People's attorneys

fees and costs in the amount of $1,963.00.

94-297J.M. Sweeney Co. v. EPA

- The Board granted this Lake County gasoline

dispensing facility a variance, retroactive from November 1, 1994 through March 31,

1996, from the Stage II gasoline vapor recovery requirements of the air pollution control

regulations, subject to conditions.

94-370The Dow Chemical Company v. EPA - The Board granted this Will County

facility a 15-month variance from certain of the volatile organic material emissions

requirements of the air pollution regulations, subject to conditions.

94-377Barbara L. Heiser (Heiser's Garage) v. Office of the State Fire Marshal - The

Board affirmed the finding that the Peoria County petitioner is eligible to access the

Underground Storage Tank Fund for remedial action undertaken in response to a release

of petroleum, subject to a $100,000.00 deductible.

95-137Community Landfill Corporation v. EPA - The Board denied a variance from the

requirement of the land pollution control regulations that an existing landfill that will

remain open must submit an application for significant permit modification, finding that

this Grundy County facility had not demonstrated that an arbitrary and unreasonable

hardship would result from compliance. Board Member J. Theodore Meyer dissented.

95-152City of Lockport v. EPA - The Board granted a five-year variance from the

standards for issuance and restrict status requirements of the public water supply

regulations, as they relate to radium-226 and radium-228 content and gross alpha particle

activity of this Will County facility's water, subject to conditions.

95-164General Motors Corporation v. EPA - Having previously granted an extension of

time to file a land permit appeal, the Board dismissed this docket because no petition was

dismissed the docket because no petition was timely filed on behalf of this Cook County

facility.

95-169Glen Ellyn Storage Corporation v. EPA - Having previously granted an extension

of time to file an underground storage tank corrective action appeal, the Board dismissed

the docket because no petition was timely filed on behalf of this DuPage County facility.

95-172Compost Enterprises, Inc. EPA - Having previously granted an extension of time

to file a land permit appeal, the Board dismissed the docket because no petition was

timely filed on behalf of this McHenry County facility.

96-14

Carl and Edna Ball, d/b/a C & E Recycling and Resource Recovery - The Board

granted voluntary withdrawal of this petition filed on behalf of a Coles County Facility

for a variance from the requirement of the land pollution control regulations that deems a

permit application not filed until complete.

96-34

Prairie Recreational Developments, Inc. (Land & Lakes Company/Wheeling) v.

EPA - The Board granted voluntary withdrawal of this land permit appeal involving a

Lake County Facility.

96-66

Micro Switch - Plant 1 v. EPA - Upon receipt of an Agency recommendation, the

Board granted a thirteen 13-day provisional variance from the ninety 90-day limitation on

the accumulation of hazardous wastes at this Stephenson County facility.

AC 95-35

EPA v. The Rock Island Bank as Trustee

of Land Trust No. 2113 - The Board accepted a stipulation and settlement

agreement, granted voluntary withdrawal of the petition for review, and entered a default

order, finding that the Rock Island County respondent had violated Sections 21(p)(1) and

21(p)(3) of the Act and ordering it to pay a civil penalty of $1,000.00.

AC 96-7

EPA v. Alice E. Guth - The Board entered a default order, finding that the

Tazewell County respondent had violated Section 21(p)(1) of the Act and ordering it to

pay a civil penalty of $500.00.

AC 96-8

County of Jackson v. Easton Automotive - The Board entered a default

order, finding that the Jackson County respondent had violated Sections 21(p)(1) and

R95-9

In the Matter of: Amendments to 35 Ill. Adm. code 810.103 (Solid Waste

Disposal General Provision) Concerning On-Farm Disposal of Dead Animals - See

Rulemaking Update.

NEW CASES - September 21 SPECIAL BOARD MEETING

95-166Henri Studio, Inc. v. EPA - Having previously granted a 90-day extension and

with the September 7, 1995 filing of the petition for an air permit appeal involving a Lake

County facility the Board accepted this matter for hearing.

96-47

Joseph Bogacz v. Commonwealth Edison - The Board held this citizen's air

enforcement action against a Cook County facility for a frivolous and duplicitous

determination.

96-52

Kean Brothers, Inc. v. EPA - Having received a notice of 90-day extension of time

to file, the Board reserved this docket for any underground storage tank fund

reimbursement determination appeal that may be filed on behalf of this Cook County

facility.

96-53

David and Susi Shelton v. Steven and Nancy Crown - The Board held this

citizens' noise enforcement action against a Cook County facility for a frivolous and

duplicitous determination.

96-54

National Supermarkets v. EPA - Having received a notice of 90-day extension of

time to file, the Board reserved this docket for any underground storage tank corrective

action appeal that may be filed on behalf of this Madison County facility.

96-55

People of the State of Illinois v. Lafarge Corporation - Upon

receipt of a proposed

stipulation and settlement agreement and an agreed motion to request relief from the

hearing requirement in this air enforcement action against a Massac County facility, the

Board ordered publication of the required newspaper notice.

96-57

Coles County Landfill (Laidlaw Waste Systems, Inc.) v. EPA - Having received a

notice of 90-day extension of time to file, the Board reserved this docket for any land

permit appeal that may be filed on behalf of this Coles County facility.

96-58

Effingham Tire Center v. EPA - Having received a notice of 90-day extension of

time to file, the Board reserved this docket for any underground storage tank fund

reimbursement determination appeal that may be filed on behalf of this Effingham

County facility.

96-59

Earle Aronson (Don's Gas for Less) v. Office of the State Fire Marshal - The

Board acknowledged receipt of this underground storage tank fund reimbursement

determination appeal involving a Kane County facility and held this matter to the October

5, 1995 Board meeting.

96-60

Concerned Citizens of Williamson County and Rev. Paul Crain and Rose Rowell,

as members of Concerned Citizens of Williamson County, et al. v. Bill Kibler

Development Corp., a/k/a Kibler Development Corp. and the William County Board of

Commissioners - The Board accepted this third party appeal of local siting approval

granted a proposed Williamson County pollution control facility for hearing.

96-61

People of the State of Illinois and Gary W. Pack, State's Attorney of McHenry

County v. Paul J. May & Sons, Inc. and Paul J. May, individually and as President of Paul

J. May & Sons, Inc. - The Board received this mining land enforcement action against a

McHenry County facility for hearing.

96-62

Sequa Corporation, Precoat Metals Division v. EPA - The Board accepted this air

permit appeal involving a Madison County facility for hearing.

96-63

People of the State of Illinois v. Scholle Chemical Corporation, Inc. - The Board

received this RCRA Subtitle C (hazardous waste), air, and water enforcement action

against a Cook County facility for hearing.

96-64

City of Auburn v. EPA - Having received a notice of 90-day extension of time to

file, the Board reserved this docket for any land permit appeal that may be filed on behalf

of this Sangamon County facility.

96-65

City of Altamont v. EPA - The Board held this petition filed on behalf of a

of the standards of issuance and restricted status requirements of the public water supply

regulations, as they relate to barium, as a new petition for variance, opened a new docket

for the petition, and directed the petitioner to submit the required filing fee.

AC 96-10

County of Will v. CDT Landfill - The Board accepted an appeal of this

administrative citation filed against a Will County facility.

AC 96-12

EPA v. RSC, Inc. and Michael Duvall - The Board received an

administrative citation filed against a Jersey County respondent.

AC 96-13

EPA v. Otho Tate - The Board received an administrative citation filed

against a Henderson County respondent.

AC 96-14

County of Will v. CDT Landfill - The Board received an administrative

citation against a Will County respondent.

AC 96-15

County of Will v. CDT Landfill - The Board received an administrative

citation filed against a Will County respondent.

AS 96-2

In the Matter of: Petition of Western Lion Limited for an Adjusted

Standard from 35

Ill. Adm. Code 814.Subpart C - Having received three letters of objection and a

request for hearing, the Board set this petition involving a Coles County facility for an

adjusted standard from certain closure requirements of the land pollution control

regulations for hearing.

R96-1

In the Matter of: Proposed Alternative Standards for New Utility Waste Landfills,

35 Ill. Adm. Code 807, 810, 811, and 816 - See Rulemaking Update.

R96-2

In the Matter of: 15% ROP Plan: Clean-Up Part I - Amendments to 35 Ill. Adm.

Code 219.585(a) and 219.Appendix E - See Rulemaking Update.

R96-3

In the Matter of: Waste disposal Rules: Amendment to 35 Ill. Adm. Code

814.902 - See Rulemaking Update.

Confirmation of hearing dates and times is available from the Clerk of the Board at 312-

814-6931.

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 11

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.

3:00 p.m.

R 96-2

R, Air

In the Matter of ROP Plan: Clean-Up Part I--Amendments to 35 Ill. Adm. Code

219.585(a) and 219. Appendix E - Law Enforcement Training Building, 600 South

Second Street, Third Floor, Conference Room, Springfield.

October 26

10:00 a.m.

R 96-2

R, Air

In the Matter of ROP Plan: Clean-Up Part I--Amendments to 35 Ill. Adm. Code

219.585(a) and 219. Appendix E - Administration Building, County Board Room, 157

North Main Street, Edwardsville.

October 31

9:00 a.m.

R 94-146

N-E, Citizens

Dorothy L. Hoffman v. City of Columbia - Columbia City Hall, City Council Room, 208

South Rapp, Columbia.

November 2

10:30 a.m.

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

Conference Room 9-040, Chicago

November 2

10:00 a.m.

AC 95-25

EPA v. Fred Smith, Jr. (Carlinville/Smith) - Macoupin County Correctional Center,

County Board, Warren Kammerer, Chairman - Kane County Judicial Center, Multi-

Purpose Room, 37W777, Route 38, St. Charles.

November 7

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.

November 16

10:30 a.m.

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

Conference Room 9-040, Chicago

November 20

10:00 a.m.

AS 96-2

Land

In the Matter of: Petition of Western Lion Limited for an Adjusted Standard from 35 Ill.

Adm. Code 814.Subpart C - The City Building, City Council Chambers, 208 North 19th

Street, Mattoon.

November 28

10:00 a.m.

R96-3

Land

In the Matter of: Waste Disposal Rules: 35 Ill. Adm. Code 814.902 - James R.

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

November 30

10:00 a.m.

AS 95-3

Water

In the Matter of: The Joint Petition of the Illinois Environmental Protection Agency and

the City of Metropolis for an Adjusted Standard from 35 Ill. Adm. Code 304, for

Suspended Solids and 5-Day Biological Oxygen Demand (BOD-5) - Metropolis City

Hall, City Council Chambers, 106 West 5th Street, Metropolis.

December 7

10:30 a.m.

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

Conference Room 9-040, Chicago

December 8

10:00 a.m.

PCB 94-374

UST-FRD

Eagle Ridge Inn & Resort (The Braniger Organization) v. EPA - Jo Daviess County

Courthouse, Small Courtroom, 330 Bench Street, Galena.

December 12

1:30 p.m.

PCB 95-150

A-V

Marathon Oil Company v. EPA - Crawford County Courthouse, Second Floor

Courtroom, Robinson.

December 12

10:00 a.m.

PCB 96-22

N-E, Citizens

Lew D'Souza and Patricia D'Souza v. Richard Marraccini and Joanne Marraccini - Elk

Concerned Citizens of Williamson County and Rev. Paul Crain and Rose Rowell, as

members of Concerned Citizens of Williamson County, et al. v. Bill Kibler Development

Corp., a/k/a Kibler Development Corp. and the William County Board of Commissioners

- Williamson County Courthouse, 200 West Jefferson, Marion.

December 14

10:00 a.m.

PCB 96-60

L-S-R, 3d P

Concerned Citizens of Williamson County and Rev. Paul Crain and Rose Rowell, as

members of Concerned Citizens of Williamson County, et al. v. Bill Kibler Development

Corp., a/k/a Kibler Development Corp. and the William County Board of Commissioners

- Williamson County Courthouse, 200 West Jefferson, Marion.

December 21

10:30 a.m.

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

Conference Room 9-040, Chicago

January 9

10:00 a.m.

PCB 95-163

A, W &

RCRA-E

People of the State of Illinois v. Clark Refining & Marketing, Inc. - Hartford Village Hall,

507 North Delmar, Hartford.

Calendar Code

3d P

Third Party Action

A-C

Administrative Citation

L-E

Land Enforcement

L-S-R

Landfill Siting Review

L-V

Land Variance

Medical Waste (Biological Materials)

N-E

Noise Enforcement

N-V

Noise Variance

P-A

Permit Appeal

PWS-E

Public Water Supply Enforcement

PWS-V

Public Water Supply Variance

Regulatory Proceeding proceeding (hazardous waste only)

RCRA Resource Conservation and Recovery Act

S02

S02 Alternative Standards (35 ILL. ADM. CODE 302.211(f))

SWH-E

Special Waste Hauling Enforcement

SWH-V

Special Waste Hauling Variance

Thermal Demonstration Rule

T-C

Tax Certifications

T-S

Trade Secrets

UST-Appeal

Underground Storage Tank Corrective Action Appeal

UST-EUnderground Storage Tank Enforcement

UST-FRD

Underground Storage Tank Fund Reimbursement Determination

W-E

Water Enforcement

W-V

Water Variance

WWS

Water-Well Setback Exception

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

public water supplies which are in violation of 35 Ill. Adm. Code, Subtitle F: Public

Water Supplies, Chapter I or the Illinois Environmental Protection Act.

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

has information indicating a violation of any of the following requirements: Finished

water quality requirements of 35 Ill. Adm. Code, Part 604, Subparts B and C;

maintenance of adequate pressure on all parts of the distribution system under all

conditions of demand; meeting raw water quantity requirements of 35 Ill. Adm. Code

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

adequate in quantity" as required by Section 18 of the Illinois Environmental Protection

Act.

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

main extensions, except for certain limited situations, or unless the supply has been

granted a variance from the Illinois Pollution Control Board for the violation, or from

permit issuance requirements of Section 39 of the Act.

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

therefore, specific inquiries as to the status of any public water supply should be directed

to the Division of Public Water Supplies for final determination. This list reflects the

status as of October 1, 1995.

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

previous publication.

Indicates actions are being taken by officials

to bring the public water supply into

compliance.

RDS:sp/0046g/2

Illinois Environmental Protection Agency

Division of Public Water Supplies

Restricted Status List -- Public Water Supplies

October, 1995

POP.

LISTING

NAME OF PUBLIC WATER SUPPLY/COUNTY/FACILITY NO.

RGN

Bahl Wtr/Pioneer Acres (JoDaviess Co. - 0855200)1

Inad. Pres. Storage

700

12/15/93

Bailey Sbdv (Bureau Co. - 0115100)1

Inadequate Pres. Tank43

01/13/82

Bardolph (McDonough - 1090050)

Trihalomethane

299

03/15/95

Barry (Pike Co. - 1490050)

Nitrate 1,391

09/15/95

Bartmann Health Care Center (Logan Co. - 1075169)

Inadequate

Pres. Tank

12/16/83

Bel-Air Sbdv (Will Co. - 1975130)

Inadequate Pres. Tank91

08/04/81

Bellwood (Cook Co. - 0310150)

Radium

20,000 12/14/90

Belmont-Highwood PWD (DuPage Co. - 0435180)2

Trichloroethylene

498

09/16/93

Benld (Macoupin Co. - 1170050)

Trihalomethane

2,174

06/16/94

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

Inadequate

Pres. Tank

525

03/17/89

Beverly Mnr-Grant (Tazewell Co. - 1795100)

Inadequate Pres. Tank

610

03/20/81

Biggsville (Henderson Co. - 0710050)

Radium & Radiological

400

03/17/86

Blue & Gold Homeowners Assn (Winnebago Co. - 2015250)

Inadequate Press. Tank &

170

06/17/83

Source of Supply

Blue Mound (Macon

Co. - 1150100) 4

Nitrate 1,350

09/15/95

Bluff Lake Lodges, Inc (Lake Co. - 0970240)

Inad. Pres. Storage

25-20012/15/93

Bonnie Lane Wtr (Kendall Co. - 0930010)

Inadequate Pres. Tank49

09/16/93

Bradford (Stark Co. - 1750050)

Radium

920

03/17/86

Bradley Heights Sbdv (Winnebago Co. - 2015050)1

Inadequate Pres. Tank

192

09/13/85

Breezeway Sbdv (Tazewell Co. - 1795150) 5

Inadequate Pres. Tank175

09/17/82

Briar Garden Apts (Winnebago Co. - 2015190)

Inadequate Pres. Tank

12/17/82

Bryant (Fulton Co. - 0570200)

Radium & Radiological

310

03/15/95

Buck Lake Ests Sbdv (DeKalb Co. - 0375100)

Inadequate Pres. Tank

200

09/14/84

Buckingham (Kankakee Co. - 0910250)

Inadequate Pres. Tank330

03/17/89

Bunker Hill (Macoupin Co

. - 1170100)

Trihalomethane

2,550

03/15/95

Byron (Ogle Co. - 1410100) 1

Radium

2,500

06/15/93

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

Inadequate

Pres. Tank

12/17/82

Campus (Livingston Co. - 1050050)4

Inadequate Pres. Tank230

03/20/81

Carroll Hts Utl Cmpny (Carroll Co. - 0155200)

Inadequate Pres. Tank

03/20/81

Cary (McHenry Co. - 1110100)

Barium

10,043 09/15/95

Cedar Point Water Company (LaSalle Co. - 0995110)

Radiological

800

03/17/86

Century Pines Apts (Carroll Co. - 015

0020)

Inadequate Pres. Tank50

12/14/90

Cherry Vale East Apts (Winnebago Co. - 2015470)1

Inadequate Pres. Tank

180

01/14/82

Cherry View Apts (Winnebago Co. - 2015278)

Inadequate Pres. Tank

06/17/83

Clarendon Wtr Cmpny (DuPage Co. - 0435300)

Inadequate Pres. Tank

1,953

03/20/81

Clearview Sbdv (Will Co. - 1975360)

Inadequate Pres. Tank420

01/13/82

Coalton (Montgomery Co. - 1350100)

Low System Pressure325

03/20/81

Coffeen (Montgomery Co. - 1350150)

Trihalomethane

800

03/17/92

Community Srvc Corp (McHenry Co. - 1115350)

Inadequate Pres. Tank

750

09/16/83

Cortland (DeKalb Co. - 0370051)

Radium

1,500

09/15/95

Coulterville (Randolph Co. - 1570150)

Trihalomethane

1,100

06/15/92

Ctzns Lombard Heights Dvn (DuPage Co. - 0435700)

Inadequate

Pres. Tank

980

12/17/82

Cuba (Fulton Co. - 5070300)5

Trihalomethane

1,440

03/15/95

D&R Apts (Champaign Co. - 0190030)

Inadequate Pres Tank26

09/16/93

Deering Oaks Sbdv (McHenry Co. - 1115200)

Inadequate Pres. Tank

12/17/82

DeKalb Univ Dvl Corp (DeKalb Co. - 0375148)

Inadequate Pres. Tank

950

12/16/92

DePue (Bureau Co. - 0110300)

Radium

1,725

09/16/94

DeWitt Cnty Nursing Home (DeWitt Co. - 0395129

)

Inadequate

Pres. Tank

06/17/83

Dixie Dells (Will Co. - 1977850)

Inadequate Pres. Tank550

09/17/82

DL Well Owners Assn (Lake Co. - 0975380)

Inadequate Pres. Tank

125

03/18/83

Dongola (Union Co. - 1810200)

Trihalomethane

841

09/15/95

Dover (Bureau Co. - 0110350)

Inadequate Pres. Tank200

05/25/81

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

Trihalomethane

03/15/95

East Moreland Wtr Assn (Will Co. - 1975600)

Inadequate Pres. Tank

753

03/20/81

Eberts 2nd Addn (Rock Island

Co. - 1615280)

Inadequate Pressure

Tank

09/15/89

Echo Lake Black IV Water Assn (Lake Co. - 0970130)

Inadequate

Pres. Tank

06/15/88

Echo Lake Wtr Sys Block 7 (Lake Co. - 0975820) 2

Inadequate Pres. Tank

09/16/83

Edelstein Wtr Coop (Peoria Co. - 1435150)5

Radium & Radiological

115

06/13/86

Elburn (Kane Co. - 0890300)2

Radium

1,450

09/15/95

Ellis Grove (Randolph Co. - 1570200)

Trihalomethane

453

12/16/94

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

Inadequate Pres. Tank

06/13/86

Fair Acres Sbdv (Will Co. - 1975680)

Inadequate Pres. Tank185

10/19/81

Fairview (Fulton Co. - 0570450)

Radiological, Radium &

620

03/20/81

Inadequate Pressure Tank

Farm Colony (Kendall Co. - 0935140)

Radium

03/17/86

Forest Lake Addn (Lake Co

. - 0975500)

Inadequate Pres. Tank180

12/16/83

Fox Lawn Utl Cmpny (Kendall Co. - 0935150)

Radium

240

03/17/86

Galena Knolls Sbdv (Peoria Co. - 1435300)5

Nitrate 180

06/15/88

Garden Street Imprv Assn (Will Co. - 1975376)

Inadequate Pres. Tank

09/15/89

Gardner (Grundy Co. - 0630400)

Radium & Radiological

1,237

9/15/95

Glenkirk Campus North (Lake Co. - 0977189)

Inadequate Pres. Tank

06/15/88

Glenkirk Campus South (Lake Co. - 0977199)

Inadequate Pres. Tank

06/15/88

Good Shepherd Manor (Kankakee Co. - 0915189)

Inadequate Pres. Tank

140

03/17/89

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

Inadequate Pres. Tank43

12/17/82

Greenfield Cmnty Well Cmpny (Will Co. - 1975760)

Inadequate

Pres. Tank

12/16/83

Hawthorn Woods (Lake Co. - 0970450)

Inadequate Pres. Tank800

03/15/95

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

Inadequate Pres. Tank

09/17/82

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

Inadequate

Pres. Tank

09/17/82

Hazelwood 2nd Addn Wel

l 3 (Henry Co. - 0735686)

Inadequate

Pres. Tank

09/17/82

Hazelwood West Sbdv (Henry Co. - 0735250)

Inadequate Pres. Tank

03/19/84

Heatherfield Sbdv (Grundy Co. - 0635150) 2

Inadequate Pres. Tank91

Highland Sbdv (Kane Co. - 0895530)

Inadequate Pres. Tank50

09/16/83

Hillsboro (Montgomery Co. - 1350300)

Atrazine & Trihalomethane

7,249

12/16/94

Hillview Sbdv (Will Co. - 1975800)2

Inadequate Pres. Tank99

03/15/85

Homeowners Assn of Four Lakes Subdiv. (LaSalle - 0995110)

Radium

09/19/88

Holiday Shores Sndsst (Madison Co. - 1135110)

Atrazine

2,142

6/16/95

Hopewell (Marshall Co. - 1235150) 1

Radiological

350

09/15/95

Huntley Cmnty Sbdv (Will Co. - 1975840) 2

Inadequate Pres. Tank48

03/16/84

Ill. Prairie Est. Sbdv (LaSalle Co. - 0995300)

Radium

06/15/88

Ingalls Park Sbdv (Will Co. - 1975880)

Inadequate Pres. Tank690

09/16/83

Island Lake Wtr Cmpny (Lake Co. - 0975080)

Iron

2,250

06/15/90

Kingston Mines (Peoria Co. - 1430450)

Radium

350

03/17/86

Kinsman (Grundy Co. - 0630450)

Radium

150

03/17/86

Kirkwood (Warren Co. - 1870050)

Radium & Radiological

1,008

07/23/93

Ladd (Bureau Co. - 0110450)1

Radium

1,350

10/04/85

Lake Lynwood Wtr Sys (Henry Co. - 0735

330)

Inadequate Pres. Tank

08/31/81

Lakeview Sbdv (Whiteside Co. - 1955150) 1

Inadequate Pres. Tank146

03/20/81

Lakewood Shores Imprv Assn (Will Co. - 1975930)

Radium

03/17/86

Lakewood Wtr Sys (Lake Co. - 0975400)

Inadequate Pres. Tank49

12/16/83

Larchmont Sbdv (Winnebago Co. - 2015290)

Inadequate Pres. Tank

106

06/17/83

Larson Court Rentals (Rock Island Co. - 1615728) 1

Inadequate Pres. Tank

01/14/82

Lisbon North Inc (Grundy Co. - 0631000)

Inadequate Pres. Tank30

09/14/90

Little York (Warren Co. - 1870100) 5

Radium

356

12/16/91

London Mills - (Fulton County - 0574620)

Inadequate Pres. Tank670

12/14/84

Lostant (LaSalle Co. - 0990450)

Radium & Radiological

550

03/17/86

Lynn Cntr (Henry Co. - 0735100)

Inadequate Pres. Tank147

03/15/95

Lynnwood Water Corp (LaSalle Co. - 0995336)

Inadequate Pres. Tank

114

03/18/83

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

Inadequate Source

100

03/20/81

Maple Hill Imprv Assn (DuPage Co. - 0435800)

Inadequate Pres. Tank

234

08/31/81

Trichloroethylene

Maple Hill Nursing Ctr (Lake Co. - 0971090)

Inadequate Pres. Tank

204

06/15/93

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

Inadequate Pres. Tank

03/20/81

Mapleton (Peoria Co. - 1430500)

Radium

235

03/17/86

Marseilles (LaSalle Co. - 0990500)

Radium

4,811

03/15/95

Mayfair Sbdv (Tazewell Co. - 1795750)

Inadequate Pres. Tank150

03/16/90

Media (Henderson Co. - 0710250)

Nitrate 150

03/17/86

Melrose Rental Apts (Kane Co. - 0895228) 2

Inadequate Pres. Tank38

03/15/94

Metro Util.-Liberty Ridge (DuPage Co. - 0435650)2

Inadequate Pres. Tank

2,510

03/15/94

Metro Utl Valley Dvn (Kendall Co. - 0935100)

Inadequate Pres. Tank

2,200

03/16/90

Mission Brook Sndst (Cook Co. - 0315920)2

Radium

3,200

03/14/91

Modesto (Macoupin Co. - 1170600) 5

Atrazine

240

03/15/95

Moecherville Sbdv (Kane Co. - 0895300)

Inadequate Pres. Tank1,120

03/20/81

Monmouth (Warren Co. - 1870150) 5

Radium

9,500

12/15/93

Norris (Fulton Co. - 0570750)

Trihalomethane

250

12/16/94

Northside Peterson Wlfnd (DuPage Co. - 0435866)2

Inadequate Pres. Tank

12/15/89

Northwest Belmont Imprv Assn (DuPage Co. - 0435900)

Inadequate

Pres. Tank

115

09/29/81

Oak Ridge Sndst (Woodford Co. - 2035300)

Inadequate Pres. Tank240

03/20/81

Oakhaven Sbdv (Tazewell Co. - 1795760)

Inadequate Pres. Tank35

05/25/81

Oakview Avenue Wtrwks Inc (Will Co.

- 1977210) 2

Inadequate Pres. Tank

350

03/20/81

Odell (Livingston Co. - 1050550)

Radium

1,100

03/17/86

Olivet Nazarene College (Kankakee Co. - 0915279)

Inadequate Pres. Tank

1,450

03/15/94

Ophiem PWS (Henry Co. - 0735150)

Inadequate Pres. Tank150

06/18/82

Orland Hills Sbdv (Cook Co. - 0317000)

Inadequate Pres. Tank154

08/31/81

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

Inadequate

Pres. Tank

115

12/15/89

Palmyra (Macoupin Co. - 1170800) 5

Atrazine

850

03/15/95

Palmyra-Modesto Wtr

Cmsn (Macoupin Co. - 1175150)

Atrazine

1,140

03/15/95

Park Crest Wtr Cmpny (Stephenson Co. - 1775100)

Inadequate Pres. Tank

1,200

09/14/84

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

Inadequate Pres. Tank

06/18/82

Park Road Wtr Assn (Will Co. - 1977330)

Inadequate Pres. Tank60

12/17/82

Park View Wtr Corp (Kane Co. - 0895500) 2

Inadequate Pres. Tank150

12/17/82

Pleasant Hill Cmnty Assn (DuPage Co. - 0435980)2

Inadequate Pres. Tank

180

03/17/89

Pleasant Village (Kane Co. - 0895228)

Inadequate Pres. TankN/A

06/18/82

Plum Creek Condos (Cook Co. - 0317080)

Radium

570

Reddick (Kankakee Co. - 0914780) 2

Radium

208

09/16/93

Ridgecrest North Sbdv (Grundy Co. - 0635250)

Inadequate Pres Tank

09/16/93

Ridgewood Sbdv (Will Co. - 1977650)

Inadequate Pres. Tank315

06/18/82

Rock Island Arsn (Rock Island Co. - 1615387)

Trihalomethane

9,000

06/15/92

Rockdale (Will Co. - 1970850)

Radium

1,500

03/17/86

Rome Farms #9 (Peoria Co. - 1435500)

Nitrate 200

09/15/95

Royal Lake Wtr Dstrct (Bond Co. - 0055100)

Trihalomethane

228

06/15/92

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

Trihalomethane

06/15/92

Salem Childrens Hm (Livingston Co. - 1055229)

Inadequate Pres. Tank

03/18/83

Save Site (St. Clair Co. - 1635289)

Trihalomethane

375

06/15/92

Schram City (Montgomery Co. - 1350600) 5

Trihalomethane

690

06/16/94

Scottville RWC (Macoupin Co. - 1170010) 5

Atrazine

510

03/15/95

Scribner Street Sbdv (Will Co. - 1977660)

Inadequate Pres. Tank50

03/18/83

Shawnita Trc Wtr Assn (Will Co. - 1977690)

Inadequate Pres. Tank

125

09/17/92

Shipman (Macoupin Co. - 1170950)5

Trihalomethane

695

06/16/94

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

Inadequate

Pres. Tank

1,680

03/20/82

Skyview Sbdv (Kankakee Co. - 0915526)

Inadequate Pres. Tank65

09/14/84

South Burdette Wtr (DuPage Co. - 0437320)

Inadequate Pres. Tank30

06/16/89

South Wilmington (Grundy Co. - 0630650) 2

Radium

750

03/15/93

Spring Valley (Bureau Co. - 0111000)

Radium

5,850

09/17/92

Standard (Putnam Co. -1550300)

Radium

280

09/16/91

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

Trihalomethane

12/16/94

Steeleville (Randolph Co. - 1570650)

Radium

2,305

03/17/86

Sturm Sbdv (Lake Co. - 0977010)

Inadequate Pres. Tank63

03/16/84

Suburban Heights Sbdv (Rock Island Co. - 1615800)

Inadequate

Pres. Tank

114

12/16/83

Summit Homeowners Assn (Lake

Co. - 0975280)

Inadequate Pres. Tank

03/16/84

Sunnyland Sbdv (Will Co. - 1977730)

Inadequate Pres. Tank350

09/16/83

Swedona Wtr Assn (Mercer Co. - 1315200)1

Inadequate Pres. Tank100

06/15/90

Sylvan Lake 1st Sbdv (Lake Co. - 0977100)2

Inadequate Pres. Tank210

06/14/91

Table Grove (Fulton Co. - 0570900)5

Radium & Radiological

500

03/20/81

Taylor Springs (Montgomery Co. - 1350650)

Trihalomethane

671

03/17/92

The Mill (Winnebago Co. - 2010040)

Inadequate Pres. Tank90

12/16/94

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

Inadequate

Pres. Tank

06/18/82

Towner Sbdv (Lake Co. - 0977250) 2

Inadequate Pres. Tank238

01/14/82

Trivoli PWD (Peoria Co. - 1435510)5

Inadequate Pres. Tank350

06/17/83

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

Inadequate

Pres. Tank

06/18/82

Vermont (Fulton Co. - 0570950)

Atrazine

808

09/15/95

Vernon (Marion Co. - 1210550)

Trihalomethane

207

09/16/94

Vet's Place Sbdv (Peoria Co. - 1435650)

Nitrate & Inadequate 85

12/16/94

Pres. Tank

West Shoreland Sbdv (Lake Co. - 0977050)2

Inadequate Pres. Tank220

06/14/91

Westfield (Clark Co. - 0230200)

Inadequate Water Source

700

06/15/93

White City (Macoupin Co. - 1171150)

Trihalomethane

280

06/15/93

Williamson (Madison Co. - 1191100)

Trihalomethane

350

06/15/92

Wilsonville (Macoupin Co. - 1171200)

Trihalomethane

609

06/15/92

Wonder Lake Water Company (McHenry Co. - 1115750) 2

Inadequate

Pres. Tank

1,161

06/16/94

Woodland Hts Ests Sbdv (Peoria Co. - 1435760)

Inadequate Pres. Tank

245

03/20/81

Woodsmoke Ranch Assn (LaSalle Co. - 0990030) 1

Inadeq. Pres. Tank &

Radium

350

06/15/90

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

Inadequate

Pres. Tank

475

03/20/81

Wynstone Wtr Cmpny (Lake Co. - 0970080)

Radium

450

03/15/95

Yates City (Knox Co. - 0950700)

Radium, Inadequate Pres. Tank

900

03/20/81

& Radiological

York Center Coop (DuPage Co. - 0437550)2

Inadequate Pres. Tank240

06/15/88

Public Water Supplies Removed from Previous List

Creal Springs (Williamson Co. - 1990300)

Naplate (LaSalle Co. - 0990600)

Devils Kitchen Wtr Dst (Williamson Co. - 1995160)

Oakland (Coles Co. -

0290300)

Dorchester (Macoupin Co. - 1170250)

Paris (Edgar Co. - 0450300)

Eagerville (Macoupin Co. - 1170300)

Patoka (Marion Co. - 1210400)

Forest Homes-Maple Park PWD (Madison Co. - 1195100)Richview

(Washington Co. - 1890500)

Goreville (Johnson Co. - 0870200)

Roseville (Warren Co. - 1870200)

Kincaid (Christian Co. - 0210250)

Rosiclare (Hardin Co. - 0690150)

Lake of Egypt PWD (Williamson Co. - 1995200)

Shannon (Carroll Co. -

Division of Public Water Supplies

Critical Review List -- Public Water Supplies

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

public water supplies which may be close to being in violation of 35 Ill. Adm. Code,

Subtitle F: Public Water Supplies, Chapter I or the Illinois Environmental Protection Act.

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

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

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

therefore, specific inquiries as to the status of any public water supply should be directed

to the Division of Public Water Supplies for final determination. This list reflects the

status as of October 1, 1995.

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

previous publication.

Indicates actions are being taken by officials to br

ing the public water supply into

compliance.

RDS:sp/0046g/4

Illinois Environmental Protection Agency

Division of Public Water Supplies

Critical Review List -- Public Water Supplies

October, 1995

POP.

LISTING

NAME OF PUBLIC WATER SUPPLY/COUNTY/FACILITY NO.

RGN

NATURE OF PROBLEM

SERVED

DATE

Baylis (Pike Co. - 1490100)

Source Capacity

300

09/13/85

Bluford (Jefferson Co. - 0810100)

Low System Pressure465

03/20/81

Carlyle (Clinton Co. - 0270300)

Inadequate Treatment Plant

7,978

12/15/93

Caseyville (St. Clair Co. - 1630250)6

Low System Pressure12,338

09/14/84

Evansville (Randolph Co. - 1570250)

Plant Capacity1,838

05/25/81

Georgetown (Vermilion Co. - 1830350)

Inadequate Water Plant

3,678

06/15/93

Hardin (Calhoun Co. - 0130200)

Low System Pressure1,175

11/25/81

Highland Hls Sndst (DuPage Co. - 0435560)

Inadequate Pressure Tank

1,100

09/17/92

Homer (Champaign Co. - 0190300) 4

Inadequate Source

1,300

03/15/94

Kincaid (Christian Co. - 0210250)

Plant Capacity2,640

06/14/85

Lake Marian Wtr Corp (Kane Co. - 0895200)

Low System Pressure

800

09/14/84

Inadequate Pres. Storage

Lewistown (Fulton Co. - 0570600)

Inadequate Source

2,700

06/15/88

McHenry Shores Wtr Cmpny (McH

enry Co. - 1115020)

Low System

Pressure

1,170

09/17/92

Metro Utl Chickasaw Dvn (Will Co. - 1975320)

Low System Pressure

7,700

09/17/92

Millstadt (St. Clair Co. - 1630850)

Low System Pressure2,750

12/16/91

North Utica (LaSalle Co. - 0990650)1

Low System Pressure3,943

03/18/84

Patoka (Marion Co. - 1210400)

Inadequate Treatment Plant

820

12/15/93

Pearl (Pike Co.1490650)

Inadequate Pres. Tank322

09/17/82

Pecatonica (Winnebago Co. -2010250)

Low System Pressure1,830

06/15/90

Ramsey (Fayett

e Co. - 0510200)

Source Capacity &

1,350

09/13/85

Low System Pressure

South Highway PWD (Jackson Co. - 0775400)

Low System Pressure

8,189

06/15/92

Stockton (Jo Daviess Co. - 0850450)1

Low System Pressure1,900

06/15/84

Sumner (Lawrence Co. - 1010300)

Low System Pressure1,553

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

Low System

Pressure &

693

12/14/84

Inadequate Source

Whispering Hills Wtr Cmpny (McHenry Co. - 1115700)

Low System

Pressure

6,000

06/15/93

Wonder Lake Wtr Cmpny (McHenry Co - 1115750)

Inadequate Storage

1,080

12/14/90

Public Water Supplies Removed from Previous List

Princeton (Bureau Co. - 0110850)

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

DIVISION OF WATER POLLUTION CONTROL

RESTRICTED STATUS LIST

In order to comply with 35 Illinois Administrative Code Section 306.401 Illinois

Pollution Control Board Regulations, the Illinois EPA has prepared the following list of

facilities which are on Restricted Status. Restricted Status is defined as the Agency

determination that a sewer or lift station has reached hydraulic capacity or that a sewage

treatment plant has reached design capacity, such that additional sewer connection

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

Please note that the list is continually being revised to reflect the current situation.

Therefore, if you have any questions on the capability of a treatment facility or transport

system, please contact this Agency for a final determination. This listing reflects the

status as of June 30, 1995.

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

ultimately alleviate problems which resulted in imposition of Restricted Status. Facilities

followed by a double asterisk (**) are additions to the list.

REMAINING

FACILITY NAME

RESPONSIBLE AUTHORITY

COUNTY

CAPACITY

Athens STP ***

City of AthensMenard

Bourbonnais (Belle Aire Subd.)

Village of Bourbonnais

Kankakee

Camelot Utilities - Wastewater

Camelot Utilities

Will

Terminal L.S.)

Clearview S.D.

McLean

East Alton STP

City of East Alton

Madison

Farmington

City of Farmington

Fulton 0

Highview Estates

Highview Water Co.

Tazewell

Lake Zurich - Knollwood,

Village of Lake Zurich

Lake

Minonski, Main Ls's

Maple Lawn Homes STP

Maple Lawn Homes

Woodford

Riverton (Sewer System-Partial)

Village of Riverton

Sangamon

Rosewood Heights S.D. - Ninth

Rosewood Heights S.D.

Madison

Street LS**

Taylorville Shawnee Ave. Pump

City of Taylorville

Christian

Station

Utilities Unlimited

Will

Virden (Sewer System-Partial)

Virden S.D.

Macoupin

Washington (Devonshire Estates)

City of Washington

Tazewell

Washington (Rolling Meadows)

City of Washington

Tazewell

Watseka STP

City of Watseka

Iroquois

Deletions from previous Quarterly Report: None

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

DIVISION OF WATER POLLUTION CONTROL

CRITICAL REVIEW LIST

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

Pollution Control Board Regulations, the Illinois Environmental Protection Agency has

prepared the following list of facilities which are on Critical Review. Critical Review as

defined as the Agency determination that a sewer or lift station is approaching hydraulic

capacity or that a sewage treatment plant is approaching design capacity such that

additional sewer connection permit applications will require close scrutiny to determine

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

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

have any questions on the capability of a treatment facility or transport system, please

contact the Agency for a final determination. This listing reflects the status as of June 30,

1995.

Benton-Southeast STP

City of BentonFranklin

Bethalto (L.S. #1)

Village of Bethalto

Madison

Bolingbrook STP 2

Village of Bolingbrook

Will

630

Braidwood STP

City of Braidwood

Will

540

Carrier Mills

Village of Carrier Mills

Saline

836

Carrollton

City of Carrollton

Greene140

Chester

City of Chester

Randolph

Crest Hill - West STPCity of Crest Hill

Will

Creve Coeur

Village of Creve Coeur

Tazewell

2,330

Derby Meadows Utility Co. STP

Derby Meadows Utility Co.

Will

Downers Grove Sanitary Dist.

Downers Grove S.D.

DuPage

8,322

139

Earlville

City of Earlville

LaSalle

215

East Dundee STP

Village of E. Dundee Kane

983

Elkville

Village of Elkville

Jackson

Elmhurst

City of Elmhurst

DuPage

Findlay

Village of Findlay

Shelby 60

Hebron

Village of Hebron

McHenry

179

Herrin City of Herrin Williamson

***

Herscher

Village of Herscher

Kankakee

365

Highland STP City of Highland

Madison

583

247

Hoopeston

City of Hoopeston'

Vermilion

Kildeer-Bishop-Ridge STP

Village of Kildeer

Lake

CLPWD-Deerfield Rd.

County of Lake Public Works

Lake

***

Interceptor

Department

CLPWD-Diamond-Sylvan STP

County of Lake Public Works

Lake

248

Department

Lake in the Hills S.D.Village of Lake in the Hills

McHenry

2,437

Manhattan

Village of Manhattan Will

168

Milan

Village of Milan

Rock Island

1,122

Moline (North Slope)City of MolineRock Island

1,151

Mundelein STP

Village of Mendelein Lake

880

O'Fallon

City of O'Fallon

St. Clair

398

Orangeville

Village of Orangeville

Stephenson

Pearl City

Village of Pearl City

Stephenson

Peotone

Village of Peotone

Will

195

175

Rock Island (Main)

City of Rock Island

Rock Island

5,001

Round Lake-Rosewood Sewage

Village of Round Lake

Lake

ILLINOIS POLLUTION CONTROL B

OARD

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

ENVIRONMENTAL REGISTER MAILING LIST

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

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

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

the Register, please fill out the address label below, indicating 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 Regis

ter Mailing List

Name

________________________________________________________

Company/Firm Name

________________________________________________________

Address

________________________________________________________

City/State/Zip ________________________________________________________

__________________

Yes, I wish to receive regular free copies of the

ILLINOIS POLLUTION CONTROL BOARD

PHOTOCOPYING FEES/DOCUMENT DISTRIBUTION

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.

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

Bulk Rate

U.S. Postage

PAID

Chicago, IL

Emmett E. Dunham IIRonald 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

contains the Board's hearing calendar. The Register is provided free of charge.

Illinois Pollution Control Board

State of Illinois Center, 11-500

100 West Randolph Street

Chicago, Illinois 60601

(312) 814-3620

Address Correction Requested.

Printed on Recycled Paper

Page 36/ October, 1995

Environmental Register No. 497

October, 1995/Page 35