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. 498 ¨ Illinois Pollution Control Board News ¨ November, 1995
AMENDATORY VETO OF "BROWNFIELDS" BILL ACCEPTED
BY THE GENERAL ASSEMBLY;
PROPORTIONATE SHARE LIABILITY BILL AND UST FUNDING BILL
SENT TO GOVERNOR
The General Assembly accepted Governor Edgar's amendatory veto of HB 544 on
November 16, 1995. HB 544 is a piece of legislation relating to voluntary cleanup of
contaminated industrial sites ("brownfields"). In companion legislation on the same date,
the General Assembly passed the "brownfields" "trailer bill", which addresses the
Governor's concerns and would restore the vetoed proportionate share liability provisions.
The General Assembly also passed SB 721 and sent it to the Governor, pertaining to
leaking underground storage tank (UST) remedial action reimbursement funding.
BROWNFIELDS/UST FUNDING LEGISLATION continued on page 3.
1
PAID SUBSCRIPTIONS TO THE
ENVIRONMENTAL REGISTER
The Environmental Register is now available in the Pollution Control Board's
Home Page on the World Wide Web which is accessible through the Illinois Home Page
at http://www.state.il.us/. As the Register is now provided free of charge through the
Internet, those wishing to receive hard copies through the mail will be charged a $20
yearly subscription fee. If you still wish to receive the Environmental Register via mail,
please fill out the form on page 19 and return it with your payment before January 1,
1996.
2
RULEMAKING UPDATE
1995. The Board's amendments were effective on October 19, 1995, when filed with the
Secretary of State.
The Board gave expedited consideration to the amendments in the realization of
the importance of wide-spread use of acetone as an industrial solvent. The Board
proposed an amendment to the definition of VOM for public comment on July 7, 1995.
The Agency submitted a request for additional amendments on July 18, 1995, asking the
Board to amend the definitions of "organic material", "petroleum liquid", and "organic
solvent" to exclude acetone. The Agency stated that acetone would remain subject to
some segments of the volatile organic material regulations unless also excluded from
those additional definitions. The Board proposed those additional amendments for public
comment on August 3, 1995. The Board held a public hearing on both sets of
amendments in Chicago on September 6, 1995. The Board promptly acted to adopt both
sets of amendments after the expiration of the 45-day public comment periods for the
proposals.
Direct questions to Michael J. McCambridge, at 312-814-6924. Request copies of
the proposed amendments from Victoria Agyeman, at 312-814-3620. Please refer to
docket R95-16.
BOARD GRANTS EXPEDITED CONSIDERATION OF RCRA SUBTITLE C
UPDATE, PUBLISHES REASON FOR DELAY, R95-20
On October 19, 1995, the Board granted expedited consideration to the latest
RCRA Subtitle C update docket, R95-20, which includes federal amendments during the
period January 1 through June 30, 1995. At the same time, the Board published a reason
for delay in completing the amendments.
During the update period of the first half of 1995, U.S. EPA amended and
corrected its RCRA Subtitle C regulations 13 times. The Board included the federal
amendments of January 3 and May 19, 1995 in the prior consolidated update docket R95-
4/R95-6, on June 1 and 15, 1995. The January 3 federal amendments dealt with
corrections to the Phase II land disposal restrictions, and the May 19 amendments dealt
with postponement of the effective date of the Subpart CC organic material emissions
requirements for tanks, containers, and surface impoundments. The base subject matter
of both sets of amendments was the primary subject matter of the R95-4/R95-6 docket.
The other 11 first-half, 1995 federal actions will be dealt with in docket R95-20. These
11 actions included the following: updated testing and monitoring methods (January 13
and two April 4 actions); a response to the judicial decision in City of Chicago v.
Environmental Defense Fund, -- U.S. --, 114 S. Ct. 1588, 128 L. Ed. 2d 302 (1994)
(February 3); an administrative determination that additional regulation will be necessary
regulations, certain wastes, called "universal wastes" would become hazardous wastes
when removed from municipal solid waste and accumulated for recycling, recovery, or
alternative disposal. U.S. EPA established the alternative universal waste regulations to
avoid this disincentive to the recycling, recovery, and alternative disposal activities,
which essentially remove these environmentally deletorious materials from waste bound
for landfills. In this initial installment of alternative universal waste regulations, U.S.
EPA included batteries, thermostats, and waste pesticides. U.S. EPA stated that it will
later establish more universal waste management standards for other materials, such as
waste fluorescent light bulbs.
On October 13, 1995, TDI Batteries, an Illinois manufacturer of nickel-cadmium
cells submitted a request for expedited Board consideration of the universal waste rules.
TDI stated that it wants to begin a program for recycling or recovery of waste nickel-
cadmium batteries, and the current general RCRA Subtitle C standards stand as an
impediment to such a program. It was on this basis that the Board granted the request for
expedited consideration.
While promising expedited consideration, the Board also explained its reason for
delay in adopting final amendments. The nominal due date for the amendments is
January 13, 1996, one year after the earliest open federal amendments in this docket. The
Board noted that completing its rulemaking activity on the amendments by that time is
not possible due to present demands on Board staff and resources and given the volume
of the federal amendments. The Board estimated that it hopes to propose amendments for
public comment by December 7, 1995, which would allow completion of the rulemaking
by the end of February, 1996.
Direct questions to Michael J. McCambridge, at 312-814-6924. Request copies of
the proposed amendments from Victoria Agyeman, at 312-814-3620. Please refer to
docket R95-20.
HEARING SCHEDULED FOR NEW UTILITY WASTE LANDFILLS PROCEEDING,
R96-1
The Board has scheduled a first public hearing in the new utility waste landfill
proceeding, R96-1. The Board will accept prefiled testimony, which it will enter into the
record at the hearing as if read, if it is received prior to 4:30 p.m. December 5, 1995. The
hearing is scheduled to occur as follows:
10:00 a.m., Friday, December 15, 1995
600 South Second Street, Suite 402, Springfield
The Board proposed a
lternative standards for new utility waste landfills on
September 21, 1995, in docket R96-1. The proposed new Part 816 standards would
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.)
Direct questions to hearing officer Chuck
Feinen, at 312-814-3473.
RESERVED IDENTICAL-IN-SUBSTANCE DOCKETS DISMISSED, R95-18, R95-19
& R95-21
At its meeting of October 5, 1995, the Board dismissed three identical-in-
substance rulemaking dockets because no Board action was required. The three dockets
dismissed were R95-18, pertaining to the underground injection control (UIC)
regulations; R95-19, pertaining to RCRA Subtitle D municipal solid waste landfill
regulations; and R95-21, pertaining to underground storage tank (UST) regulations. The
Board reserved these three dockets on June 15, 1995, as well as four others relating to
other programs, to accommodate federal amendments that occurred in the update period
January 1 through June 30, 1995. (See issue 495, June-July, 1995.) However,
subsequent review of the Federal Register revealed no amendments to the federal UIC
and UST programs that would require Board amendment of the corresponding Illinois
regulations. Further, prior action on August 5, 1995, under docket R95-13 (see issue 496,
Aug.-Sep., 1995.), to delay the effective date of the RCRA Subtitle D financial assurance
regulations obviated further action in the RCRA Subtitle D program.
As to the other four identical-in-substance dockets not dismissed for this time
period, the Board has already completed action in one, and it will likely initiate action in
the other three dockets within the next several weeks. The Board adopted the federal
amendments to the definition of volatile organic material that occurred in this period in
docket R95-16, on October 16, 1995. (See related story in this issue.) The Board's
research revealed the U.S. EPA amended the federal drinking water (SDWA), hazardous
waste (RCRA Subtitle C) (see related story in this issue), and wastewater pretreatment
programs between January 1 and June 30, 1995 in ways that will likely require Board
action. Those three remaining reserved identical-in-substance dockets for which further
Board action will be required are as follows:
R95-17
SDWA (drinking water) Amendments
R95-20
RCRA Subtitle C (hazardous waste) Amendments
R95-22
Wastewater Pretreatment Amendments
Direct inquiries to Michael J. McCambridge at 312-814-6924. Request copies of the
Board's orders in any of these matters from Victoria Agyeman, at 312-814-3620. Please
refer to the appropriate docket number.
LEGISLATIVE UPDATE
and allocation of costs. No remediation would be required to levels less than background
levels unless residential land use is involved and the Illinois EPA (Agency) determines
that the background level poses an acute threat to human health or the environment. If
the background level is higher than a remediation objective for residential use adopted by
the Board, no residential use of the property is allowed until the residential use objective
or an alternative risk-based objective is first achieved.
The new "brownfields" law would establish a Site Investigation and Remedial
Activities Program administered by the Agency for contaminated sites. Under the
amendments, any person, the "remediation applicant" (or "RA"), may elect to initiate an
investigation and remediation of a site, with certain exceptions--at least to the extent
allowed by federal law: federal "Superfund" sites; state or federal hazardous or solid
waste treatment, storage, and disposal facility sites; sites subject to state or federal
underground injection control regulations; and sites where investigation or remediation is
required under a federal court or U.S. EPA order.
Under the "brownfields" new provisions, no permit would be required to
undertake remedial actions except as required by federal law. Rather, the RA would be
required to prepare remediation objectives and remediation objectives completion reports
at prescribed times in the process, and the RA may either enter into an agreement to have
the Agency review the reports, as a paid-for service, or the RA may contract with an
independent "review and evaluation licensed professional engineer" (or "RELPE") to
conduct the review on behalf of the Agency, with the authority to approve or disapprove
reserved to the Agency. Agency disapprovals or approvals with conditions or an Agency
failure to timely render a determination are appealable to the Board.
The Agency must issue a "No Further Action Letter" after it approves a
completion report, and the Agency may condition future uses of the property through the
Letter. The No Further Action Letter constitutes prima facie evidence that the site does
not constitute further threat to human health or the environment and does not require
further remediation, so long as the land is used in accordance with the terms of the Letter.
The RA must submit that letter to the Registrar of Deeds for the appropriate county for
recordation, so that the letter becomes a permanent part of the chain of title for the
affected property.
The No Further Action Letter can insulate the RA and others who have or acquire
an interest in the property from further liability: the owner or operator, parents and
subsidiaries of the owner, any co-owners, holders of any beneficial interest, mortgagees,
transferees, heirs and legatees, etc. Some actions that can result in the voiding of the
Letter include a failure to adhere to conditions in the Letter, such as a violation of any
land use restrictions, failure to maintain and operate any preventative or engineering
remediation objectives and alternative risk-base objectives and procedures for assembling
and reviewing site investigation and remediation plans and reports.
The new law would create a Site Recommendation Advisory Committee,
consisting of one member from each of seven identified industry and professional groups
and one each selected by the Agency from an environmental advocacy group, a
community development corporation, and a public interest community group. The
Committee will make recommendations regarding state laws and regulations relating to
site remediation. It will also make recommendations relating to review and approval of
site remediations and Illinois' efforts to implement Title XVII.
The companion to HB 544, SB 46, died in the House upon the passage of HB 544.
There was only one substantive difference between SB 46 and HB 544. That was a HB
544 addition to Section 22.2(j)(6)(E)(iii) that would add "industrial hygienists" to the list
of examples of an "environmental professional". It would further add a "licensed
industrial hygienist" to the list of those "environmental professional" entities for which
professional liability insurance is not required. Under Section 22.(j), a person acquiring a
property may create a presumption against later claims for reimbursement of remedial
costs incurred at the property for contamination that occurred prior to the site acquisition.
To create the presumption, the purchaser must have undertaken Phase I and Phase II
environmental audits of the property without disclosing contamination or potential
contamination at the site. The person who performed the audit must have been an
"environmental professional". The statute requires environmental professionals who are
not licensed professional engineers to maintain professional liability insurance in the
amount of $500,000.
HB 901: "Brownfields" Proportionate Share Liability:
Governor Jim Edgar amendatorily vetoed SB 46 and HB 544 with specific
recommendations for changes on August 18, 1995. (See issue 496, Aug.-Sept., 1995.)
The Governor returned the bills because he recognized the need for a system for
voluntary brownfields remediation, and he applauded those who negotiated the bill's risk-
based remediation of sites. However, Governor Edgar felt that the legislation went
beyond the issue of brownfields remediation to alter the liability scheme in non-voluntary
situations where the state must step forward to pursue remediation. Although he felt such
a change was appropriate, the Governor felt it was irresponsible to alter the state's
remediation scheme without addressing the far-reaching consequences.
The provision to which Governor Edgar objected related to apportionment of
liability and would have limited the ability to seek contribution for remedial action or to
compel remedial action under certain circumstances. By its terms, Section 58.9 would
have broadly applied to remedial actions outside the scope of new Title XVII. It would
action and, together with that person, to determine the proportionate share of liability for
the action.
HB 901, a bill that originally pertained to UST funding but which the General
Assembly has accepted as a "brownfields" "trailer" bill, would attempt to restore the
concept of proportionate share liability. It would require the Board to adopt regulations
for determining proportionate share liability within 18 months of the bill's becoming law.
It would also establish a $2,500 fee payable by the recipient of a "No Further
Remediation" letter and quarterly transfer half a million dollars from the Solid Waste
Management Fund into the Hazardous Waste Cleanup Fund, in response to the
Governor's concerns over funding "orphan share" sites. The House of Representatives
accepted HB 901 by a vote of 97-10-9, and the Senate accepted it by a vote of 44-10-2.
Upon signature of the Governor, it will become effective on July 1, 1996.
SB 721: UST Funding
The current UST funding provis
ion, which was attached to SB 721, a major anti-
crime package, passed the House with a vote of 88-11-15 and the Senate with a vote of
88-11-15. Upon signature of the Governor, it would take effect on January 1, 1996. This
bill would raise revenue for the financially troubled UST Fund by imposing a $60 fee on
each tank truck of gasoline delivered to a service station. This new fee, which will expire
by its own terms on January 1, 2003, is anticipated to raise $46 million per year for UST
cleanup reimbursement. Since SB 721 principally deals with crime, most notably with
sex-offender notification, litigation has been threatened over whether the bill violated the
Constitutional "single subject matter" requirement.
FOR YOUR INFORMATION
SIGNIFICANT RECENT FEDERAL ACTIONS
The Board continues its series of reports on recent federal actions from the
Federal Register that are of interest to the Board and the regulated community. Below are
highlighted 12 such actions that occurred in October, 1995:
Proposed Addition of Jennison-Wright Facility to NPL
U.S. EPA proposed adding 12 sites to the National Priorities List (NPL) on
October 2, 1995 (60 Fed. Reg. 51390), including the Jennison-Wright facility in Granite
City, Illinois. Based on its Hazard Ranking System score, the Jennison-Wright facility is
proposed as a Group 13 facility. The NPL includes 1,238 facilities nationwide in groups
of 50 facilities each, with the facilities of the highest priority for remedial action
appearing in Group 1. Under section 1006 of P.L. 104-19, enacted July 27, 1995, U.S.
211(k)(2)(B) requires a minimum oxygen content of 2.0 percent by weight (wt %).
Determining that higher oxygen contents can contribute to increased nitrogen oxides
(NOx) emissions, U.S. EPA established regulations, at 40 CFR 80, that limit the oxygen
content of reformulated gasolines to 2.7 wt %, unless the state had gained approval of a
higher cap of 3.5 percent by demonstrating that no ozone exceedances had occurred in the
affected area for the preceding three years. (3.5 to 4.0 wt % oxygen content corresponds
with an approximate ethanol content of up to 10 percent by volume.) The proposed
amendments would allow the use of reformulated gasolines with an oxygen content up to
3.5 wt %, unless the Governor of the affected state requests a lowered maximum oxygen
content limit of 2.7 wt %.
Delayed RCRA Subtitle D Compliance Deadline for Landfills in Dry or Remote Areas
On October 6, 1995 (60 Fed. Reg. 52337), U.S. EPA adopted a delayed effective
date, until October 7, 1997, for the RCRA Subtitle D municipal solid waste landfill
(MSWLF) requirements for certain landfills. Under the amendments, small MSWLFs
located in dry or remote areas. A small MSWLF is one that receives less than 20 tons of
waste per day, a dry area is defined as one annually receiving less than 25 inches of
rainfall, and a remote area is defined as one annually experiencing a continuous three-
month or longer interruption in transportation that prevents access to a regional waste
management facility. U.S. EPA took this action to allow additional time for states to
determine alternative groundwater monitoring requirements for these facilities. The
covered facilities are exempted from the RCRA Subtitle D requirements, except those
pertaining to final cover.
Proposed Listing of Global Warming Potentials for Ozone-Depleting Substances
On October 6, 1995 (60 Fed. Reg. 52357), U.S. EPA proposed a listing o
f global
warming potentials (GWPs) for 16 Class I and Class II ozone-depleting substances. U.S.
EPA proposed the list, as Appendix I to 40 CFR 82, Subpart A, pursuant to its mandate
under Section 602(e) of the Clean Air Act, as amended in 1990 (42 U.S.C. § 7671a(e)).
Section 602(e) requires U.S. EPA to adopt a list of Class I and Class II ozone-depleting
substances, together with their GWPs, consistent with the Montreal Protocol. The
proposed GWPs, projected at 20 years, 100 years, and 500 years for each substance, are
intended as an index of each compound to survive in the atmosphere and participate in
the "greenhouse effect" global warming.
The GWP indices are based on three factors: the capacity to absorb infrared
radiation, the residence time in the atmosphere, and the time over which the radiative
effects will be considered. U.S. EPA explained that the first two of these factors are
technical, and the third is based on the interests of the users of the compound. The
numbers are derived from the document, "Scientific Assessment of Ozone Depletion:
On October 10, 1995 (60 Fed. Reg. 52734), U.S. EPA proposed a voluntary
national low emission vehicle (LEV) program. The program would allow automobile
manufacturers to elect to comply with more stringent exhaust emissions standards for
passenger cars and light-duty trucks. The National LEV would establish a single set of
standards for the entire country (except for California) by basing the standards on those of
California. If a manufacturer opts into the program, the standards become mandatory for
its vehicles. The proposed rules are the result of a cooperative effort of the Ozone
Transport Commission (OTC) states, automobile manufacturers, environmentalists, fuel
providers, U.S. EPA, and others. The proposed amendments would harmonize the
existing mandatory federal emissions standards with the California emissions standards,
in order to decrease the burden of compliance on auto manufacturers.
The program provides for transitional LEVs (TLEVs
) beginning with model year
1997. A manufacturer opting into the national LEV program would have to meet the
emissions standards for the following model year, through 2003 or until national Tier II
emissions standards would apply. Under Section 202(i) of the Clean Air Act, as amended
in 1990 (42 U.S.C. § 7521(i)), U.S. EPA is prohibited from adopting Tier II standards
until model year 2004. The program requirements would include tailpipe standards for
non-methane organic gasses (NMOG), nitrogen oxides (NOx), carbon monoxide (CO),
formaldehyde, and particulate matter (PM) emissions. The program would set forth fleet
average NMOG values; allow the use of California reformulated gasoline II as a test fuel;
impose the California on-board vehicle diagnostic system requirements (OBD II); include
emissions averaging, banking, and trading provisions; and provide for low volume
manufacturers.
U.S. EPA believes that this program will relieve 13 northeastern OTC states
(Connecticut, Delaware, the District of Columbia, Maine, Maryland, Massachusetts, New
Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and part of
Virginia are in the Ozone Transport Region (OTR) that defines the OTC states) to
develop their own low emission vehicle requirements. U.S. EPA believes that
implementation of the program would improve the air quality in all 57 of the ozone
nonattainment areas across the country. It estimates that a national LEV program-
certified vehicle would emit 400 pounds less over its lifetime. U.S. EPA estimates that
this would result nationally in 400 tons per day (tpd) less NOx and 279 tpd less NMOG
emissions by 2005 and 1,200 tpd less NOx and 778 tpd NMOG by 2015. U.S. EPA
further estimated a reduction in the emissions of particulate matter with a diameter less
than 10 microns (PM10) by 2005 of 28.6 tpd, as well as reductions in emissions of
formaldehyde, benzene, 1,3-butadiene, acetaldehyde, certain metals, and other toxic
pollutants. Due to statutory constraints, U.S. EPA intends to implement the LEV
U.S. EPA published its determination on October 11, 1995 (60 Fed. Reg. 52874)
not to revise the identical primary and secondary National Ambient Air Quality Standards
(NAAQSs) for nitrogen dioxide (NO2). The present primary and secondary NAAQSs for
NO2 were established on April 30, 1971 (36 Fed. Reg. 8186) and reviewed and
reaffirmed by U.S. EPA on June 19, 1985 (50 Fed. Reg. 25532). (Primary NAAQSs are
based on effects on human health; secondary standards are based on effects on the public
welfare (including the environment).) U.S. EPA conducted a mandatory 5-year review of
the effects of NO2 emissions pursuant to Sections 108 and 019 of the Clean Air Act, as
amended in 1990 (42 U.S.C. §§ 7408 & 7409), under the consent order entered in Oregon
Natural Resources Council v. Browner, No. 91-6529-HO (D. Or. Feb. 8, 1995). U.S.
EPA conducted a full scientific review of the effects of NO2 emissions. Although it
raised a number of questionable areas where it could not attribute observed environmental
effects, U.S. EPA determined that no change was appropriate to either the primary or
secondary NAAQS.
The present NAAQS for NO2 is 100 micrograms per cubic meter of air (mg/m3),
or 0.053 parts per million (ppm), annual arithmetic average. Typical peak NO2 levels
across the country range from 0.007 to 0.061 ppm, the highest hourly values range from
0.04 to 0.54 ppm. All areas of the country are currently in compliance with the NAAQS
for NO2. Los Angeles is the only area that has had any history of nonattainment with the
current standard.
U.S. EPA stated that NO2 forms in the atmosphere from the oxidation of nitric
oxide (NO). NO2 emissions can adversely affect human health, vegetation, materials,
and visibility. Nitrogen oxides NOx (the sum of NO and NO2) can contribute to the
formation of tropospheric ozone, the deposition of acidic precipitation (acid rain), and
eutrophication of aquatic systems. Anthropogenic sources of NOx include motor vehicles
and electric utility generating plants. Natural sources produce a comparatively minor in
amount of NOx.
Notice of Approved State Acid Rain Programs
On October 11, 1995 (60 Fed. Reg. 52911), U.S. EPA published a list of the states
that have submitted an acid rain program which U.S. EPA has approved. Title IV-A and
V of the Clean Air Act, as amended in 1990 (42 U.S.C. §§ 7651-7651o), require U.S.
EPA to establish a program to reduce emissions of pollutants (primarily nitrogen oxides
(NOx) and sulfur dioxide (SO2)) that contribute to the deposition of acidic precipitation
(acid rain). Key to this program is U.S. EPA review and approval of state-submitted
plans for compliance. U.S. EPA has reviewed and approved plans from a number of
states, and it published the notice for public information purposes. The states (or portions
of states) having approved plans (by U.S. EPA region) are as follows: Region I:
Annual Adjustment of Excess Acid Rain Emissions Penalty
On October 11, 1995 (60 Fed. Reg. 52913), U.S. EPA published the annual
adjustment to the excess emissions penalty under the acid rain program. 40 CFR 77.6
requires that units that do not meet the emissions limitations for nitrogen oxides (NOx) or
hold enough emissions allowances for sulfur dioxide (SO2) must pay a penalty of $2,000,
in 1990 dollars. U.S. EPA revised the annual compliance factor for 1995 emissions to
1.196 based on a comparison of the Consumer Price Index for 1995 with that for 1990.
This corresponds to a penalty of $2,392 per excess ton of SO2 emitted in 1995. The
penalty index for 1996 emissions of SO2 or NOx is 1.227, calculated in the same way.
This translates to a penalty of $2,454 per excess ton emitted in 1996.
Whole Effluent Toxicity Methods Approved for CWA Monitoring
On October 16, 1995 (60 Fed. Reg. 53529), U.S. EPA approved whole effluent
toxicity (WET) testing methods to the tables at 40 CFR 136.3 of analytical methods
approved for Clean Water Act testing. The newly-approved methods measure chronic
and acute toxicity of wastewater effluent and receiving stream water. U.S. EPA adopted
the new methods as national standard methods to avoid problems inherent with the
several states each having different approved methods. U.S. EPA estimated that the
national standardization could save members of the regulated community up to 20 percent
of the cost of testing, which presently ranges from $160 to $2,240 per test, depending on
the method required by the state. The national standard will also avoid the need to justify
chosen WET methods on a permit-by-permit basis. U.S. EPA initiated these amendments
at the request of various states. U.S. EPA did not include methods for measuring
mutagenicity of viruses and stated that it would not do so until better methods are
available.
Proposed Ozone Transport Region Vehicle Inspection and Maintenance Flexibility
Amendments
On October 23, 1995 (60 Fed. Reg. 54321), U.S. EPA proposed flexibility
amendments to the vehicle inspection and maintenance (I/M) requirements for the certain
qualifying areas in the Ozone Transport Region (OTR). (The OTR consists of
Connecticut, Delaware, the District of Columbia, Maine, Maryland, Massachusetts, New
Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and part of
Virginia.) The proposed amendments would allow OTR states additional flexibility in
complying with the federal I/M requirements. The amendments would allow some relief
for three areas that would otherwise be exempt from the federal I/M requirements, were
they not located in the OTR: areas classified as "attainment" for the national ambient air
quality standard (NAAQS) for ozone, areas classified as "marginal", and areas classified
as "moderate" but having a population of fewer that 200,000. The amendments would
On October 25, 1995 (60 Fed. Reg. 54764), U.S. EPA amended its regulations
relating to the use and disposal of sewage sludge. U.S. EPA deleted the pollutant loading
limits for chromium and revised the limit for selenium. Corresponding amendments
removed chromium from the list of pollutants for which a pretreatment removal credit is
available.
U.S. EPA adopted 40 CFR 503, which sets forth the federal requirements for use
and disposal of sewage sludge on November 25, 1992 (58 Fed. Reg. 9248, Feb. 19,
1993). Those regulations govern the final use of sewage sludge for land application as a
soil conditioner or crop fertilizer, land disposal of the sludge, and incineration of sewage
sludge. U.S. EPA simultaneously amended the wastewater pretreatment regulations to
grant removal credits for removal of certain pollutants from wastewater. A wastewater
treatment facility that effectively removed a pollutant in its own treatment could grant a
credit to an industrial discharger for that pollutant, so as to increase that discharger's
allowable discharge rates to the facility's collection system.
The Leather Industries of America, Inc. sued U.S. EPA in the District of
Columbia Circuit Court on March 5, 1993 to challenge the pollutant limits for chromium.
On June 17, 1993, the City of Pueblo Colorado sued U.S. EPA in the Tenth Circuit to
challenge the limits for selenium. The latter case was later transferred to the District of
Columbia Circuit, and that court remanded the chromium and selenium rules to U.S. EPA
for modification or further justification. Leather Industries of America, Inc. v. EPA, 40
F.3d 392 (D.C. Cir. 1994). The present amendments responded to that remand.
In adopting the amendments, U.S. EPA simultaneously proposed
additional
amendments to both the sewage sludge rules and the wastewater pretreatment
requirements (60 Fed. Reg. 54771). U.S. EPA described those amendments to the land
application, surface disposal, pathogen and vector attraction, and incineration provisions
as intended to clarify the existing requirements and offer greater flexibility in compliance.
U.S. EPA also proposed addition of chromium to the list of contaminants for which
removal credits are available.
Approval of Illinois Part IV 15% ROP SIP
On October 26, 1995 (60 Fed. Reg. 54810), in a direct final rule, U.S. EPA
approved Illinois' ozone state implementation plan submittal (SIP) based on another
segment of the Part IV 15 percent reduction of pollution (15% ROP) plan. U.S. EPA
approved that segment of the Illinois Part IV 15% ROP plan that lowers the applicability
cutoff for wood furniture coaters from a potential to emit 100 tons of volatile organic
material (VOM) to 25 tons per year. The federal approval will become effective on
December 26, 1995, unless withdrawn before that date in response to public comments.
(The notice for the proposed rule appeared at 60 Fed. Reg. 54832 on the same date.) U.S.
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 exceed specified emissions levels. The amendments further made the
VOM emissions limits applicable to wood furniture coating operations at a lowered
threshold. The Part IV amendments also required specified controls on synthetic organic
chemical manufacturing industry (SOCMI) distillation and reactor processes and on
bakery industry ovens. Finally, the amendments made a number of minor amendments
and corrections to the regulations, largely in response to comments submitted by U.S.
EPA and affected entities. The Part IV 15% ROP amendments were filed with the
Secretary of State and became effective on May 9, 1995.
U.S. EPA approved other segments of the Part IV 15% ROP plan by a direct final
rule on September 27, 1995 (60 Fed. Reg. 49770), effective November 27, 1995. That
segment pertained to SOCMI air oxidation process emissions, which extended the
applicability of the SOCMI air oxidation process rules to existing processes. (See issue
498, Oct., 1995.)
Administrative Stay of Used Oil Mixtures Rule
On October 30, 1995 (60 Fed. Reg. 55202), U.S. EPA stayed a segment of the
used oil regulations, at 40 CFR 279.10(b)(2), applicable to mixtures of used oil and
characteristic waste or waste listed because it exhibits a characteristic of hazardous waste
that is destined for recycling. The effect of this stay is that the general hazardous waste
regulations, including the land disposal restrictions, apply to these used oil mixtures until
U.S. EPA takes further regulatory action.
Pursuant to Section 3014(a) of RCRA (42 U.S.C. § 6935(a)), as added by § 7(a)
of the Used Oil Recycling Act of 1980, Pub. L. 96-463, 94 Stat. 2055, 2057, and amended
by § 242, of the Hazardous and Solid Waste Amendments of 1984, Pub. L. 98-616, 98
Stat. 3221, 3260, U.S. EPA adopted the used oil regulations on September 10, 1992 (57
Fed. Reg. 41566). Those regulations set forth a set of less burdensome rules that apply to
used oil destined for recycling in lieu of the general hazardous waste management
regulations. U.S. EPA intended to ensure that hazardous waste regulation of used oil
does not discourage recycling of this material, consistent with the protection of human
health and the environment. A segment of the used oil rules, the mixtures rule, governs
when mixtures of hazardous waste and used oil are regulated as hazardous waste and
when they are regulated under the used oil standards (and the general hazardous waste
rules, including the land disposal restrictions, are inapplicable).
A couple of weeks after U.S. EPA promulgated the used oil regulations, the
District of Columbia federal court released its decision in Chemical Waste Management,
Until U.S. EPA can adopt a new used oil mixtures rule, it will stay 40 CFR
279.10(b)(2). In announcing the stay, U.S. EPA stated that by bringing used oil mixtures
under the exclusive governance of the used
oil regulations (which do not include land disposal restrictions), the rules allow the
dilution of certain hazardous waste with used oil instead of the treatment otherwise
required under RCRA § 3004(m) and the Chemical Waste Management decision, so that
some hazardous waste could go for land disposal without adequate prior treatment.
(Editor's note: The federal stay of the used oil mixtures rule has the effect of more
stringent regulation of the relevant used oil mixtures. The Board adopted the used oil
regulations in R93-4, effective November 22, 1993. Under federal law, the stay will not
become effective in Illinois until the Board adopts it.)
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 21 of this issue.
3
FINAL ACTIONS - October 5, 1995 BOARD MEETING
91-94
Safety-Kleen Corporation (Elgin Recycle Center) v. EPA - The Board granted
voluntary withdrawal of this RCRA permit appeal involving a Kane County facility.
94-238Ragulo Gonzales (Sundance Filling Station) v. Office o
f the State Fire Marshal -
The Board granted voluntary withdrawal of this underground storage tank fund
reimbursement determination appeal involving a Winnebago County facility.
95-153Gwen Fiss v. EPA - Having previously granted an extension of time to file an
underground storage tank fund reimbursement determination appeal, the Board dismissed
this docket because no petition was timely filed on behalf of this Winnebago County
facility.
95-174Sierra Club, Madison County Conservation Alliance, and Jim Bensman v. City of
Wood River, Wood River Partners, L.L.C. - The Board affirmed the grant of local
approval in this third party pollution control facility siting appeal involving a proposed
Madison County landfill.
95-179Village of Elburn v. EPA - The Board granted this Kane County facility a five-
year variance from the standards of issuance and restricted status provisions of the public
water supplies regulations, subject to conditions, as they would otherwise relate to the
radium content of drinking water, in order to allow the continued operation and possible
expansion
of its water supply and distribution system.
95-187Liquid Carbonic Industries Corporation v. EPA - Having previously granted an
extension of time to file a underground storage tank fund reimbursement determination
appeal, the Board dismissed this docket because no petition was timely filed on behalf of
this Cook County facility.
96-23
City of Byron v. EPA - The Board granted this Ogle County facility a five-year
variance from the standards of issuance and restricted status requirements of the public
water supply regulations, subject to conditions, as they would otherwise relate to the
radium content of drinking water, to allow the continued operation and possible
expansion of the its water supply and distribution system, subject to conditions.
AC 94-98
County of Will v. CDT Landfill - The Board found after hearing that the
Will County respondent had not violated Section 21(o)(9) of the Act and dismissed this
administrative citation. (Consolidated with AC 95-1 and AC 95-2 for hearing.)
AC 96-11
EPA v. Thomas E. Damm and Marilyn S. Damm - The Board entered a
default order, finding that these Macoupin County respondents had violated Sections
21(p)(1), 21(p)(3), and 21(p)(5) of the Act and ordering them to pay a civil penalty of
$1,500.00.
R95-21
In the Matter of: UST Updat
e, USEPA Regulations (January 1 through
June 30, 1995) - See Rulemaking Update.
NEW CASES - October 5, 1995 BOARD MEETING
96-31
Central Illinois Public Service Company v. EPA - Having previously granted this
Crawford County facility an extension of time to file its NPDES permit appeal, the Board
accepted a timely petition for hearing.
96-46
The Galesburg Sanitary District v. EPA - The Board denied involuntary dismissal
and found that this petition for a variance from the effluent biochemical oxygen demand
requirements of the water pollution control requirements filed on behalf of a Knox
County facility was deficient; but rather than order the filing of an amended petition at
this time and due to the unique posture of this petition, the Board committed to determine
a threshold issue of regulatory interpretation and ordered the Agency to file a response
brief on that issue.
96-53
David and Susi Shelton v. Steven and Nancy Crown - The Board found that this
citizens' noise enforcement action against Cook County respondents was neither frivolous
nor duplicitous and accepted it for hearing.
96-59
Earle Aronson (Don's Gas for Less)_ v. Office of the State Fire Marshal - The
Board held this underground storage tank fund reimbursement determination appeal
involving a Kane County facility.
96-68
Donetta Gott, Lyndell Chaplin, Gary Wells, Earnest L. Ellison and Maxine Ellison
v. M'Orr Park, Inc. - The Board held this citizens' air enforcement action against a Pike
County facility for a frivolous and duplicitous determination.
96-69
Thomas Corning and Kimberly Corning v. Thurela's, Pam and Arthur Hegji as
owners - The Board held this citizens' noise enforcement action against Lake County
respondents for a frivolous and duplicitous determination.
96-72
City of Ottawa v. EPA - The Board held this petition for a five-year extension of
the variance granted on November 8, 1990 in PCB 90-100 from the standards of issuance
and restricted status provisions of the public water supply regulations, as they would
otherwise relate to the radium content of drinking water, filed on behalf of a LaSalle
County facility for an Agency recommendation.
96-73
Fruit Belt Service Company v. EPA - The Board accepted this underground
storage tank fund reimbursement determination appeal involving a Pulaski County facility
for hearing.
96-74
Cosmos Realty, Inc. (Title XVI) v. EPA - The Board held this request for a 90-day
extension of the time to file an underground storage tank fund reimbursement
determination appeal involving a Cook County facility.
96-75
People of the State of Illinois v. Harvey Cash, d/b/a Cash Oil Company - The
Board received this air enforcement action against a Clay County facility and referred it
for hearing.
AC 96-16
County of Vermilion v. First National Bank of Danville - The Board
received an administrative citation against a Vermilion County respondent.
AC 96-17
EPA v. Community Landfill Corporation - The Board received an
administrative citation against a Kankakee County respondent.
FINAL ACTIONS - October 19, 1995 BOARD MEETING
94-137Robert Schwake Stone Company v. EPA - The Board, having received a
stipulation and settlement agreement, dismissed this underground storage tank fund
reimbursement determination appeal involving a Cook County facility. Board Member J.
Theodore Meyer concurred.
94-214Amoco Oil Company (Plainfield Facility) v. EPA - The Board granted voluntary
95-99
Rexam Medical Packaging, Inc. (formerly DRG Medical Packaging, Inc.) v. EPA
- The Board granted this Lake County facility a 15-month variance from certain of the air
pollution control regulations applicable to the emission of volatile organic material from
flexographic printing presses in the Chicago metropolitan area, subject to conditions.
96-4
Stone Container Corporation v. EPA - Having previously granted an extension of
time to file an amended air permit appeal, the Board dismissed this docket because no
amended petition was timely filed on behalf of this Lake County facility.
96-45
Village of Gardner v. EPA - The Board granted this Grundy County facility a 42-
month variance, subject to conditions, from the standards of issuance and restricted status
provisions of the public water supply regulations as they relate to the radium content of
the petitioner's drinking water and its gross alpha particle activity.
96-55
People of the State of Illinois v. Laf
arge Corporation - The Board accepted a
stipulation and settlement agreement in this air enforcement action involving a Massac
County facility, ordered the respondent to pay a civil penalty of $100,000.00, and ordered
it to cease and desist from further violation. J. Theodore Meyer concurred.
96-67
Village of Lake in the Hills v. EPA - The Board granted voluntary dismissal of
this petition for a variance from the standards of issuance and restricted status provisions
of the public water supply regulations, as they apply to the barium content of the drinking
water from this McHenry County facility.
96-81
Duo-Fast Corporation v. EPA - Upon receipt of an Agency recommendation, the
Board granted a thirty 30-day extension of the ninety 90-day limitation on the
accumulation of hazardous waste at this Cook County facility, subject to conditions.
96-83
City of Joliet v. EPA - Upon receipt of an Agency recommendation, the Board
granted this Will County facility a 45-day provisional variance from certain of the
ammonia nitrogen effluent requirements of the water pollution control regulations,
subject to conditions, to allow continued operation during a period of wastewater
treatment facility repairs.
AS 91-13
In the Matter of: Petition of the City of Rock Island for an Adjusted
Standard From 35 Ill. Adm. Code 304 - The Board granted this Rock Island facility an
adjusted standard from the total suspended solids, iron, and manganese effluent standards
discharge of groundwater from its deep well system into the Mississippi river; but the
Board found that since the petition requested relief only as to iron, there was insufficient
information in the record to support a similar adjusted standard applicable to the
petitioner's dis-
charges of total suspended solids, as recommended by the Agency.
R95-16
In the Matter of: Exemptions From the Definition of VOM, USEPA
Recommended Policy Amendments (January 1, 1995 through June 30, 1995) - See
Rulemaking Update.
NEW CASES - October 19, 1
995 BOARD MEETING
95-165Richard Buri v. Batavia Concrete, Inc. - The Board denied involuntary dismissal
of this citizen's RCRA Subtitle C (hazardous waste), public water supply, and
underground storage tank enforcement action filed against a Kane County facility, found
that the complaint was neither frivolous nor duplicitous, and accepted it for hearing.
96-59
Earle Aronson (Don's Gas For Less) v. Office of the State Fire Marshal - The
Board accepted this underground storage tank appeal involving a Kane County facility for
hearing.
96-68
Donetta Gott, Lyndell Chaplin, Gary Wells, Earnest L. Ellison and Maxine Ellison
v. M'Orr Park, Inc. - The Board found that this citizens' air enforcement action against a
Pike County facility was neither frivolous nor duplicitous and accepted it for hearing.
96-69
Thomas Corning and Kimberly Corning v. Thurela's, Pam and Arthur Hegji as
owners - The Board held this citizens' noise enforcement action against a Lake County
facility.
96-71
A.E. Staley Manufacturing Comp
any v. EPA - The Board requested an amended
96-76
People of the State of Illinois v. Chemetco, Inc. - The Board received
this RCRA
Subtitle C (hazardous waste) enforcement action against a Madison County facility for
hearing.
96-77
Land and Lakes Company (Land & Lakes #3) 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 Cook County facility.
96-78
Cosmos Realty, Inc. (Old Law) 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 Cook County facility.
96-79
Those Opposed to Area Landfills (T.O.T.A.L) a Concerned Citizens Group v. City
of Salem - The Board accepted this third party appeal of local grant of siting approval for
a proposed Marion County regional pollution control facility for hearing. (Consolidated
with PCB 96-82.)
96-80
People of the State of Illinois v. Behn Precious Metals, Inc. - Upon receipt of a
proposed stipulation and settlement agreement and an agreed motion for relief from the
hearing requirement in this air enforcement action against a Winnebago County facility,
the Board ordered publication of the required newspaper notice.
96-81
Duo-Fast Corporation v. EPA - See Final Actions.
96-82
Concerned Adjoining Owners, a Concerned Citizens's Group v. City of Salem -
The Board accepted this third party appeal of local grant of siting
approval for a proposed Marion County regional pollution control facility for
hearing. (Consolidated with PCB 96-79.)
96-83
City of Joliet v. EPA - See Final Actions.
AC 96-2
EPA v. William E. Hanna - The Board accepted an appeal of this
administrative citation filed against a Carroll County facility for hearing.
Confirmation of hearing dates and times is available from the Clerk of the Board at 312-
814-6931.
November 2
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago
November 3
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 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 28
10:00 a.m.
R96-3
Land
In the Matter of: Waste Disposal Rules: 35 Ill. Adm. Code 814.902 - Law Enforcement
Training Building, 600 South Second Street, Third Floor, Conference Room, Springfield.
December 5
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 5
10:30 a.m.
PCB 94-243
P-A, Land
ESG Watts, Inc. (Taylor Ridge Landfill) v. EPA - Rock Island County Office Building,
Third Floor, 1504 Third Avenue, Rock Island.
December 7
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago
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
10:30 a.m.
PCB 96-79
L-S-R, 3d P
Those Opposed to Area Landfills (T.O.T.A.L.), a Concerned Citizens' Group v. City of
Salem - Salem City Hall, Council Chambers, 101 South Broadway, Salem.
December 13
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 Williamson 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 Williamson County Board of
Commissioners - Williamson County Courthouse, 200 West Jefferson, Marion.
December 15
10:00 a.m.
R 96-1
R, Land
In the Matter of: Proposed Standards for Conversion Systems: Poz-O-Tec Liner Caps
and Monofills; 35 Ill. Adm. Code 807, 810, 811, and 816 - Illinois Pollution Control
Board, 600 South Second Street, Suite 402, Springfield.
December 21
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago
December 21
1:00 p.m.
PCB 95-122
UST-E,
Citizens'
Olive Streit and Lisa Streit v. Oberweis Dairy, Inc., Richard J. Fetzer and Johnnie W.
Ward, d/b/a Serve-N-Save, and Richard J. Fetzer, individually, Amoco Oil Company,
Mobil Oil Corporation - Old Kane County Courthouse, Courtroom 110, 100 South Third
Street, Geneva.
December 22
9:30 a.m.
PCB 95-122
UST-E,
Citizens'
Olive Streit and Lisa Streit v. Oberweis Dairy, Inc., Richard J. Fetzer and Johnnie W.
Ward, d/b/a Serve-N-Save, and Richard J. Fetzer, individually, Amoco Oil Company,
Mobil Oil Corporation - Old Kane County Courthouse, Courtroom 110, 100 South Third
Street, Geneva.
January 4
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago
January 8
9:30 a.m.
PCB 96-91
L-S-R, 3d P
SPILL, Madison County Conservation Alliance, Sierra Club, Nameoki Township Clerk
Helen Hawkins, Kathy Andria, Shirley Crain, Glenda Fulkerson, John Gall, Thelma Orr,
Ron Shaw and Pearl Stogsdill v. City of Madison and Metro-East, L.L.C. - Regional State
Headquarters Complex, IDOT Classroom, 1100 East Port Plaza Drive, Collinsville.
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.
January 18
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago
February 1
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago
February 15
10:30 a.m.
Conference Room 9-040, Chicago
March 21
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago
April 4
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago
April 18
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago
May 2
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago
May 16
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago
June 20
10:30 a.m.
Pollution Control Board Meeting, James R. Thompson Center, 100 W. Randolph St.,
Conference Room 9-040, Chicago
Calendar Code
3d P
Third Party Action
A-C
Administrative Citation
A-E
Air Enforcement
A-S
Adjusted Standard
A-V
Air Variance
CSO
Combined Sewer Overflow Exception
GW
Groundwater
HW Delist
RCRA Hazardous Waste Delisting
L-E
Land Enforcement
L-S-R
Landfill Siting Review
L-V
Land Variance
MW
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
R
Regulatory Proceeding proceeding (hazardous w
aste only)
RCRA Resource Conservation and Recovery Act
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 Excepti
on
ENVIRONMENTAL REGISTER MAILING LIST
The Environmental Register is now available in the Pollution Control Board's Home Page
on the World Wide Web which is accessible through the Illinois Home Page at
http://www.state.il.us/
Providing the Register on the World Wide Web will allow for the more timely
dissemination of information that can be read at your convenience. As the Register is
now provided free of charge through the Internet, those wishing to receive hard copies
through the mail will be charged a yearly subscription fee. Exceptions may apply to not-
for-profit organizations. The yearly subscription fee of $20 will help defray production
and distribution costs. Free copies will still be available at Board offices.
If you still wish to receive a hard copy of the Register, please fill out the form below and
return it with a check payable to the Illinois Pollution Control Board in the amount of $20
before January 1, 1996. Mail all responses to:
Victoria Agyeman
Illinois Pollution Contr
ol Board
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
Address
________________________________________________
City/State/Zip ________________________________________________
__________________
Yes, I would like to receive a year long
subscription to the
Environmental Register, and I have enclose a check for $20 payable to the Illinois
Pollution Control Board.
__________________
is a not-for-
profit organization under
category 501(c)3 of the Internal Revenue Code, and would like to receive its one free
copy at this address. Proof of not-for-profit status is enclosed.
4
ILLINOIS POLLUTION CONTROL BOARD
PHOTOCOPYING FEES/DOCUMENT DISTRIBUTION
POLICY
It has become necessary, effective August 1, 1995 to raise the per page rates f
or
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
¨
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.
5
ILLINOIS POLLUTION CONTROL BOARD
HOME PAGE ON THE WORLD WIDE WEB (INTERNET)
The Illinois Pollution Control Board (IPCB) maintains a Home Page on the
Internet (World Wide Web) which is located within the State of Illinois Home Page under
the State Agenies option. The Page can be accessed through any of the commercial on-
line services (America On-Line and Compuserve, for example). The address of the
Illinois Home Page is:
http://www.state.il.us/
The IPCB Page will disseminate information about the Board and its activities. The
following is a listing of information which is currently available or will be available in the
near future:
¨
Board Member Profiles
Biographical information of Board members.
¨
Board Meeting Dates and Agendas
Listing of regularly scheduled Board meetings and tentative meeting agendas.
¨
Information Services
Listing of IPCB contacts and a summary discussion of the Board's process.
¨
Pending Rulemakings
Monthly update of rulemaking activity pending before the Board.
¨
Procedural Rules
Full listing of the Board's procedural rules.
¨
Annual Reports
An electronic version of annual reports. Includes the 25th Anniversary/FY95 Annual
Report.
Any questions or comments may be addressed to Joe D'Alessandro at the IPCB by phone
at (217) 524-8512 or via e-mail at the following address: jdpcb@aol.com.
6
Printed by Authority of the State of Illinois, November, 1995, 2,000 copies, order
#57701.
Bulk Rate
U.S. Postage
PAID
Chicago, IL
Permit No.2088
7
The Illinois Pollution Control Board is an independent seven member board which
adopts the environmental control standards for the State of Illinois and rules on
enforcement actions and other environmental disputes. The Board Members are:
Claire A. Manning, Chairman
Springfield, Illinois
Emmett E. Dunham 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
Register provides updates on rulemakings and other information, lists final actions, and
contains the Board's hearing calendar. The Register is provided free of charge.
1
Illinois Pollution Control Board
State of Illinois Center, 11-500
100 West Randolph Street
Chicago, Illinois 60601
(312) 814-3620
2
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