No. 499

   

    

A Publication of the Illinois Pollution Control Board

    

    

RULEMAKING UPDATE

LEGISLATIVE UPDATE

N

N

EW AIR TOXICS

PROPOSAL ACCEPTED, OLD

DOCKETS DISMISSED, R96-4

& R90-1(C) & (D)

The Board issued an order on

November 2, 1995 that accepted an

October 13, 1995 proposal from

the Agency relating to toxic air

contaminants. At the same time,

the Board dismissed older

subdockets R90-1(C), relating to

toxic air contaminant reporting

requirements, and R90-1(D),

relating to adding styrene to the list

of toxic air contaminants. The

Board consolidated the subject

matter of the older subdockets into

new docket R96-4.

The new R96-4 toxic air

contaminants proposal was

intended by the Agency to update

the existing Illinois toxic air

contaminants (ITAC) list at 35 Ill.

Adm. Code 232. It would add

substances designated as federal

hazardous air pollutants (HAPs)

pursuant to section 112(b) of the

Clean Air Act (CAA) and

compounds designated by U.S.

EPA as of concern under its "Great

Waters" program under section

112(m) of the CAA. The proposal

would also require all sources that

meet certain requirements to

submit an ITAC source report for

calendar year

(Cont’d on p. 2)

B

B

OARD AND STAFF NOW

ACCESSIBILE ON THE

INTERNET

As part of an ongoing effort to

increase public access to the Board,

Board members and staff are now

accessible on the Internet. A list of

the internet addresses for selected

Board staff

appears on p. 20

of this

issue.

G

G

OVERNOR EDGAR SIGNS

UST FUNDING BILL

On December 14, 1995,

Governor Jim Edgar signed P.A.

89-428 (formerly SB 721) into law,

effective January 1, 1996. P.A. 89-

428 includes, among more diverse

legislation, the Environmental

Impact Fee Law, which imposes an

environmental impact fee of $60

per 7,500 gallons on the receiver of

motor fuel sold or delivered in

Illinois, Payable into the

Underground Storage Tank Fund

(UST Fund). 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. The bill

further made several amendments

to the Environmental Protection

Act (415 ILCS 5/57, 57.1, 57.2,

57.5 through 57.8, 57.10, 57.12 &

57.14):

(Cont’d on p.3)

Inside This Issue

Appellate Update

p5

For Your Information

p8

Final Actions

p11

New Cases

p13

Calendar of Hearings

p16

E

NVIRONMENTAL

R

EGISTER

---

ENVIRONMENTAL REGISTER No. 499

December, 1995

RULEMAKING UPDATE

(cont’d from page 1)

1996,

 

and it would correct

typographical errors in the existing

ITAC list.

In accepting the lengthy

proposal, the Board waived some

of its procedural requirements

relating to the number of copies of

documents filed. The Board

further granted expedited

consideration of the proposal to the

extent consistent with the

Environmental Protection Act.

Direct questions to Charles M.

Feinen, at 312-814-3473 (Internet

address: (cfeinen@pcb016r1.state.

il.us). Request copies of Board

orders from Victoria Agyeman, at

312-814-3620 (Internet address:

vagyeman@pcb016r1.state.il.us).

Please refer to docket R96-4, R90-

1(C), or R90-1(D), as appropriate.

P

P

M10 CLEANUP

AMENDMENTS PROPOSAL

ACCEPTED, PROPOSED FOR

FIRST NOTICE, R96-5

On November 14, 1995, the

Board proposed amendments to the

Illinois regulations pertaining to

particulate matter having a

diameter less than 10 microns

(PM10). The Board has also

scheduled hearings on the

proposed rules, as indicated below.

The amendments would address

U.S. EPA concerns over the

existing state PM10 rules. The

proposed amendments would make

a number of clarifying

amendments to the regulations.

They would also add discrete

opacity limits for basic oxygen

furnace shop, coke oven

combustion stack, and electric arc

furnace roof ventilator emissions.

The federal Clean Air Act

(CAA), as amended in 1990,

requires the submission of a state

implementation plan (SIP) for

PM10 for all areas classified by

U.S. EPA as moderate

nonattainment for PM10. The

Lake Calumet, McCook, and

Granite City areas in Illinois are so

classified by U.S. EPA. Based on

an Agency proposal, the Board

adopted the PM10 regulations for

those areas on April 9, 1992, in

docket R91-35. (See issue 450,

Apr. 22, 1992.) The Agency

submitted the rules to U.S. EPA for

SIP review, and U.S. EPA granted

its conditional approval of the SIP

on November 18, 1994 (at 59 Fed.

Reg. 59653), after receiving a

March 2, 1994 commitment letter

by the Agency to correct certain

deficiencies in the program within

one year. U.S. EPA conditioned

the approval because it perceived

certain deficiencies in the Illinois

PM10 SIP submittal. These

deficiencies were described by U.S.

EPA in the Federal Register as

summarized below:

1.

Illinois had underestimated

certain emissions of Granite City

Steel, Acme Steel, LTV Steel,

CWM Chemical Services, CPC

International, and GM

Electromotive Division;

2.

Illinois' submittal had not

adequately addressed maintenance

of the national ambient air quality

standard (NAAQS) for PM10 in

the nonattainment areas;

3.

Section 212.443(a) of the rules

exempted coke ovens from the

opacity limitations, which served to

delay enforcement of mass loading

violations by LTV Steel;

4.

The rules that apply to electric

arc furnace roof vents of American

Steel Foundries were unenforceable

because the stacks could not be

tested;

5.

Section 212.107 of the rules

could have been misinterpreted as

requiring the use of Method 22 to

test opacity limits;

6.

The measurement methods set

forth in each of Sections 212.107

through 212.110 were not always

consistent (and should have been

integrated into Section 212.110);

and

7.

Several exemptions from mass

limitations intended for small,

well-controlled sources with no

visible emissions could have been

misinterpreted to exclude other

sources (and should be clarified as

to what sources and when they

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

The Agency proposed and the

Board accepted these amendments

pursuant to the "fast-track"

provisions of Section 28.5 of the

Act. Section 28.5 requires the

Board to proceed within set time-

frames toward the adoption of the

proposed amendments. The Board

lacks any discretion under the

statute to adjust these time-frames

under any circumstances. Under

Section 28.5(o), the Board must

have adopted the proposal for

Second Notice within 130 days on

receipt of the proposal from the

Agency. Section 28.5(p) requires

that the Board must adopt and file

final rules based on the proposal

within 21 days of when it receives

a Certificate of No Objection from

JCAR.

The statute requires the Board

to schedule three hearing dates,

each for a prescribed purpose. The

first day of hearing is reserved for

presentations by the Agency and

---

ENVIRONMENTAL REGISTER No. 499

December, 1995

3

questions of Agency witnesses.

The second scheduled day of

hearing, if it occurs, is reserved for

RULEMAKING UPDATE

(cont’d from page 2)

presentations by affected entities

and all other interested persons.

The third scheduled day of

hearing, if it occurs, is reserved for

any Agency response and

responses of other parties. The

hearings will be continued from

day to day, as necessary, until all

business is completed. However,

the second and third hearing dates

are subject to cancellation if the

level of public interest and

participation so warrant. The

Board has scheduled hearings to

occur as follows:

10:00 a.m., Friday, January 5,

1996 James R. Thompson Center,

Room 9-031, 100 West Randolph

Street, Chicago

10:00 a.m., Friday, February 2,

1996 James R. Thompson Center,

Room 2-025, 100 West Randolph

Street, Chicago

10:00 a.m., Friday, February 16,

1995 Law Enforcement Training

Building, 600 South Second Street,

Third Floor, Conference Room,

Springfield

The hearing officer has ordered

the submission of prefiled

testimony and exhibits to all

persons on the service list by

specified deadlines. These are

December 26, 1995 for the first day

of hearing, January 18, 1996 for

the second day, and February 6,

1996 for the third.

The 45-day First Notice public

comment period began for the

proposed amendments when the

Notices of Proposed Amendment

appeared in the Illinois Register on

December 1, 1995 for Parts 211

and 212 (19 Ill. Reg. 15925 &

15940). After the First Notice

Period expires, on January 15,

1996, the Board will be free to

propose the amendments for

Second Notice review by the Joint

Committee on Administrative

Rules (JCAR). Direct questions to

the hearing officer, Marie E.

Tipsord, at 312-814-4925 or 618-

498-9803 (Internet address:

mtipsord@pcb016r1.state.il.us).

Request copies of Board orders

from Victoria Agyeman, at 312-

814-3620 (Internet address:

vagyeman@pcb016r1.state.il.us).

Please refer to docket R96-5.

LEGISLATIVE UPDATE

(cont’d from page 1)

•

The Agency must propose

regulations to the Board

within six months that set

forth criteria when the Agency

may require a site owner or

operator to further investigate

or remediate a site after the

Agency has already issued a

"no further remediation letter".

The Board must adopt

regulations within six months

of receiving the proposal.

•

The Agency must propose

regulations to the Board

within six months that set

forth criteria when the Agency

may require a site owner or

operator to engage in further

groundwater monitoring after

the Agency has already issued

a "no further remediation

letter". The Board must adopt

regulations within six months

of receiving the proposal.

•

The Agency must propose

regulations to the Board

within six months that set

forth risk-based criteria for

determining when a site owner

or operator may defer

corrective action at a site at

times when the UST Fund

balance is inadequately low,

based on risk to human health

and the environment. The

Board must adopt regulations

within six months of receiving

the proposal. (Replaces

existing provisions in the Act.)

•

The Agency is authorized to

develop a priority list for

reimbursements at times when

the UST Fund balance is

inadequately low.

•

Instances where the Agency

fails to act within the 30 and

120 statutory deadlines will be

deemed "rejected" (rather than

the current "approved" in the

Act). The 60-day limit is

eliminated for the Agency to

redesignate a site from "low-

priority" to "high priority".

•

A failure of the Office of the

State Fire Marshall (OSFM) to

certify removal within 30 days

will be deemed "rejected"

(rather than the current

"approved" in the Act).

•

Tank owners or operators will

remain eligible for

reimbursement in instances

where the OSFM later rescinds

a certification of "no release"

or "minor release" made

between September 13, 1993

and August 1, 1994, thus

requiring notification to the

Illinois Emergency

Management Agency (IEMA).

The eligibility date will be

---

ENVIRONMENTAL REGISTER No. 499

December, 1995

4

based on the date of the

OSFM's initial inspection.

•

•

The bill clarifies that the

burden of reporting a release

to IEMA and performing a site

LEGISLATIVE UPDATE

(cont’d from page 3)

•

assessment at the time of tank

removal will be on the tank

owner or operator, and that the

OSFM may require an owner

or operator to report any

suspected release.

•

The owner or operator will

have 35 days (now 30 days) to

incorporate Agency-required

changes to its corrective action

plan (or to appeal the decision

to the Board).

•

Costs recovered by the state in

remedial action shall be

deposited back into the fund

from which they originated; all

punitive damages will go into

the UST Fund.

•

A new definition of "audit"

will clarify the Agency's

authority to use a UST audit to

review any corrective action.

•

An expanded definition of

"occurrence" will clarify that it

includes multiple releases at a

site (making the term mean

the same as its federal

counterpart).

•

Authorizes the Board to

prescribe alternatives by rule

to the Berg Circular for

physical soil classification.

The current UST funding

provision passed the House with a

vote of 49-0-7 and the Senate with

a vote of 88-11-15.

(Editor's note: 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.)

G

G

ENERAL ASSEMBLY

ACCEPTS AMENDATORY

VETO OF ALTERNATIVE

FUELS LEGISLATION

The General assembly accepted

Governor Jim Edgar's amendatory

veto of SB 276, and that legislation

became effective on November 17,

1995. Now designated P.A. 89-

410, the Clean Alternate Fuels Act

relates to the state promoting and

encouraging the use of alternative,

cleaner-burning fuels in fleet

vehicles.

The Alternate Clean Fuels Act

establishes a program for issuing

rebates to owners of alternative fuel

vehicles in the Chicago

metropolitan area to help cover the

cost of vehicle conversion, the

original equipment manufacturer

cost differential, or the fuel cost

differential. Rebate funds are

available on first-come, first-served

basis. Through the rebate

program, a fleet owner may recover

up to $4,000 per vehicle for up to

150 vehicles per location or for a

total of 300 vehicles. Vehicles

owned by the federal government

and those registered outside Illinois

are not eligible for rebates. The

Alternate Clean Fuels Act defines

an alternative fuel as liquified

petroleum gas (LPG), compressed

natural gas (CNG), minimum 80%

ethanol, bio-based methanol,

biomass-derived fuel, or electricity.

To fund the rebates, the bill

creates the Alternate Fuels Fund

and impose user fees on owners.

The bill will charge the Agency

with the function of collecting the

$20 per vehicle fee from owners of

fleets of 10 or more vehicles in the

Chicago metropolitan area. State,

county, and local government

vehicles, rental vehicles, antique

vehicles, electric vehicles, and

motorcycles are exempt from the

fee. The fees will apply in fiscal

years 1996 through 1999 (i.e., until

June 30, 2000). Four-fifths of the

funds received will be appropriated

to the rebate program, and one-

fifth to an ethanol fuel research

program under the direction of the

Agency. That research program,

which expires in 2000 or when

funds are no longer available, will

seek ways to reduce the costs of

producing ethanol fuels, new

ethanol engine technologies, and

ethanol refueling systems to

increase the viability of ethanol

fuels.

The new law creates a nine-

member Alternate Fuels Advisory

Board, with eight members

appointed by the Governor and

chaired by the Director of the

IEPA. The board will include two

members from each of the ethanol

and natural gas industries; one

member from each of the liquid

petroleum, electric, and heavy duty

engine manufacturing industries;

and one member from among

private fleet operators. The

Committee will make

recommendations for Agency

regulations to implement the

ethanol research and fleet

conversion rebate provisions of the

bill.

The Alternate Clean Fuels Act

mandates that the Agency dedicate

sufficient resources to implement

the program and promulgate rules

to achieve certain objectives within

90 days of the bill's becoming law.

The regulations and resources

would relate to the ethanol

---

ENVIRONMENTAL REGISTER No. 499

December, 1995

5

research program and the fleet

conversion rebate program.

Governor Jim Edgar

amendatorily vetoed SB 276 with

specific recommendations for

changes on July 21, 1995. (See

LEGISLATIVE UPDATE

(cont’d from page 4)

issue 496, Aug.-Sept., 1995.) He

returned the bill because he

recognized that it would expand

the use of alternative fuels and lead

to cleaner air. However, Governor

Edgar felt that small businesses

would not be in a position to

benefit from the program that the

legislation would establish.

Governor Edgars' principal

concern was that larger

corporations would have the

resources to move rapidly to take

advantage of funds that the

legislation would make available

on a first-come, first-served basis.

He stated that the limited funds

available would then be rapidly

consumed by a small group of fleet

operators. The Governor

recommended that the Alternate

Fuels Advisory Board be

authorized to provide incentives for

small businesses and small fleet

operators. He further

recommended the deletion of the

"first-come, first-served" language

in the bill, in order to assure that

small businesses have a fair chance

of obtaining available grants.

Governor Edgar also believed

that the bill's provision for Agency

collection of the specified fee from

fleet operators charged that task to

a state agency that was ill-equipped

to deal with it. He stated that the

bill would force the Agency to

collect the fee by mail and that the

Agency lacked enforcement

authority under the bill to deal with

non-responders. Governor Edgar

stated that he felt the Secretary of

State's office would be in a better

position to collect the fees and

administer the program.

Finally, Governor Edgar stated

that the bill should do more to

further its objective of encouraging

the development of public

alternative fuel fueling stations.

He believed that the Bill should

authorize the Alternate Fuels

Advisory Board to provide grants

that provide for contractual

partnerships between fleet owners

and operators and the fuel

servicing industry. The

partnerships would assure that the

funds available from the fleet

owner fee would be used to

establish alternative fuel servicing

stations.

APPELLATE UPDATE

S

S

UPREME COURT HOLDS

THAT MUNICIPALITIES

LACKED STANDING TO

CHALLENGE A COOK

COUNTY ZONING

APPROVAL OF A LANDFILL

In the recent decision in City of

Elgin v. Cook County (Nov. 2,

1995), nos. 76775 and 76776, a

case not directly involving the

Board, the Illinois supreme court

affirmed in part and reversed in

part an appellate court decision in

a case involving the siting and

preliminary construction of a new

pollution control facility. The

court ruled that the plaintiffs

lacked standing to challenge the

siting approval granted for

construction of a new landfill. The

Court held that extraterritorial

challenges to local ordinances

approving pollution control facility

siting under Section 39(c) of the

Act are impermissible. The Board

has exclusive jurisdiction under the

Act to hear appeals of local

approvals of siting of pollution

control facilities, and that the Act

did not apply to such a decision by

Cook County did not alter this

result. Further, the Court held that

a third party could not use a

challenge to a local zoning

decision to mount a collateral

attack on an Agency permit

decision.

Twenty eight municipalities in

the Northwestern Municipal

Conference (NWMC), representing

nearly a million Cook County

residents, joined together to create

the Solid Waste Agency of

Northern Cook County

(SWANCC). They formed

SWANCC, a municipal joint-

action agency, to address recycling,

composting and waste reduction

efforts in the area they collectively

represented. Their goal was to

reduce the amount of solid waste

sent to landfills in their

communities by 40 to 45 percent by

1996, and to construct a balefill, a

landfill designed to hold large

bales of compacted solid waste.

SWANCC applied to the Cook

County zoning board of appeals for

a special planned use development

permit to construct the balefill on

the Cook County 410 acres of a

543 acre parcel located in Cook

and Kane Counties. The Villages

of Bartlett and South Elgin and the

City of Elgin objected to the

permit. The Cook County board of

zoning appeals unanimously

recommended approval of the

application, and the Cook County

board granted preliminary

approval, conditioned on a

development permit by the Illinois

---

ENVIRONMENTAL REGISTER No. 499

December, 1995

6

Environmental Protection Agency

(Agency). The Agency granted

SWANCC a construction permit,

conditioned on SWANCC

obtaining any necessary federal

approvals. The Cook County

Board granted final zoning

approval for the landfill. Since the

development plan included filling

standing waters on the site,

APPELLATE UPDATE

(cont’d from page 5)

approval of the U.S. Army Corps

of Engineers was necessary to

develop the site. The Army Corps

has twice refused to issue a

necessary permit because standing

water in some of the mined areas

on the site needed to be filled, and

SWANCC appealed that decision

in federal court (Solid Waste

Agency of Northern Illinois v.

United State Army Corps of

Engineers (N.D.Ill.), No. 94-C-

7489), which is still pending.

The Villages of Bartlett, South

Elgin, and Wayne; the City of

Elgin; and Hanover Township

challenged the zoning approval by

filing a complaint against Cook

County, NWMC, the Chicago

Gravel Company, and SWANCC

in the Cook County circuit court.

They contended that the grant of

zoning approval was arbitrary and

capricious, that the Cook County

board used deficient procedures,

that the landfill would cause

environmental harm, and that the

landfill would economically injure

them in their corporate capacity.

On motion of the plaintiffs, the

circuit court struck all counts of the

complaint and refused to accept an

amended complaint. On appeal, in

City of Elgin v. County of Cook

(1st Dist. 1993), 257 Ill. App. 3d

186, 629 N.E.2d 86, the appellate

court reversed the dismissal of the

count relating to economic impact

on the plaintiffs, holding that the

plaintiffs had standing to raise the

issue, and it affirmed dismissal of

all other counts. SWANCC

appealed this decision, and the

plaintiffs cross-appealed.

The City of Elgin, the Village

of Bartlett, a citizens' group, and

an individual simultaneously filed

an action against SWANCC in the

Kane County circuit court, with a

complaint very similar to that filed

in the Cook County court. The

Kane County court issued a

temporary restraining order

prohibiting SWANCC from cutting

trees and developing the site. The

court allowed the Kane County

State's Attorney to intervene, and it

allowed the State's Attorney to

amend the complaint to add a

count challenging the landfill

development on the grounds that

SWANCC had not obtained the

siting approval of the Kane County

board pursuant to Section 39.2 of

the Environmental Protection Act

(Act), since part of the site was in

Kane County. The Kane County

circuit court involuntarily

dismissed all counts of this

complaint except the amendment

relating to Section 39.2 of the Act.

The court twice denied dismissal of

the complaint and dissolution of

the restraining order, and

SWANCC appealed these denials

to the Second District. The Illinois

Supreme Court granted

SWANCC's motion for

consolidation of the First and

Second District appeals in the First

District. The First District

affirmed the Kane County court's

order declining to vacate the

restraining order.

SWANCC appealed the

appellate court's two decisions

from the Cook and Kane County

lawsuits to the Supreme Court.

The Supreme Court held that the

Cook County circuit court properly

dismissed the count of the

complaint relating to Section 39.2

of the Act and reversed the

appellate court's reversal on that

issue.

The Court held that the

plaintiffs lacked standing to

challenge the Cook County Board's

zoning ordinance. It stated that the

Act would not allow a direct appeal

of the Agency's grant of a

development permit to the Board.

Third parties are prohibited from

filing an appeal with the Board of

an Agency grant of a permit, and

the Board is authorized to hear

permit appeals where the Agency

denies the permit or grants it with

conditions. The Court

characterized the plaintiff's

challenges to the zoning ordinance

as an indirect way to accomplish

these things that the Act prohibits.

It held that it could not

overturn a zoning ordinance on the

basis of any irregularities in its

adoption, but a court can only

address defects based on the state

or federal constitutions or statutes.

Since the portion of the complaint

that challenged the procedure used

to adopt the zoning ordinance

alleged no such defect, dismissal

was appropriate.

In response to a contention that

the ordinance was defective

because Cook County had

abdicated its responsibility under

Section 39 of the Act by deferring

to the Agency on the

environmental soundness of the

planned facility, the Court held

that Section 39.2 siting approval

does not require that the county

board "act as a local environmental

protection agency in considering a

proposed site". The Court further

noted that Section 39.2(h) of the

Act expressly exempted Cook

County from the pollution control

facility siting requirements of 39.2,

so the county was not bound to

consider the factors of Section

---

December, 1995

7

39.2(a). Reliance on the Agency's

expertise was not an abdication of

statutory responsibility.

The Court stated that the

allegations relating to the

environmental impact of the

proposed site were "an

impermissible collateral attack on

the Agency development permit".

The contention that the challenge

APPELLATE UPDATE

(cont’d from page 6)

was actually directed at the Cook

County ordinance "does not

withstand scrutiny", in the opinion

of the Supreme Court. The Act

confers exclusive jurisdiction to

hear challenges of Agency permit

decisions on the Board. It held

that no challenge to the zoning

ordinance was permissible in the

courts to the extent the ordinance

relied on the Agency's judgment in

issuing a development permit. In

response to the challenges raised

based on the economic impact of

the facility on the municipal

plaintiffs in their corporate

capacities, i.e., based on the

prospective impact on property

values and tax revenues, the

Supreme Court held that the

plaintiffs lacked standing to raise

the issues in this context. It

distinguished this case from others

that concluded that one

municipality may sue another to

challenge a zoning decision that

would have such an impact; those

other cases did not involve

pollution control facility siting and

the Act. The Court observed that

the General Assembly intended to

address environmental issues in a

statewide, unified way under the

Act, and the Board has exclusive

jurisdiction to hear appeals of

pollution control facility siting

decisions under Section 40.1(b).

Had Section 39.2 of the Act

applied to the Cook County

approval of the site, the plaintiffs

in the Cook County circuit court

would have been required to appeal

the decision in the first instance

with the Board. Since the Sections

39.2 and 40.1 review and appeal

provisions did not apply, the

Supreme Court held that there was

no appeal possible of the Cook

County zoning ordinance involved.

It stated, "[I]t would be anomalous

to allow third parties . . . to

challenge local zoning ordinances

authorizing the siting of regional

pollution control facilities. . . .

Extraterritorial third-party

challenges to these siting decisions

to the courts of this State are

incompatible with the purposes of

the Act."

On the appeal of the Kane

County court decision, the

Supreme Court observed that siting

approval for the facility would have

been required if the facility were

located in Kane County. It noted

that nothing in the proposed

development suggested that any

using any part of the 123 acres of

the parcel that are located in Kane

County. Since nothing in the

permit application indicated any

development would occur in Kane

County, no such local siting

approval was required under the

Act. The Supreme Court rejected

the argument that the entire 543

acre site, including the 123 acres in

Kane County, was a single

"facility" that would require the

approval by the Kane County

board. Section 39.2 of the Act did

not apply to the facility. On this

basis also, the Court held that

SWANCC did not violate the

notice provisions of 39.2(b).

On the issue of alleged

prospective environmental harm

from the facility, the Supreme

Court noted that the Act would

allow the filing of an enforcement

action for violations of the Act and

regulations, but it held that such

allegations were premature and

constituted an impermissible

collateral attack on the Agency's

decision to grant the development

permit. Finally, the Court rejected

arguments that the felling of trees

and other activities at the site

would violate section 404 of the

federal Clean Water Act or any

fiduciary duty of SWANCC, and

that the plaintiffs in the Kane

County court action had failed to

state a cause under article XI of the

Illinois Constitution, relating to a

right to a healthful environment.

Justices Nickels and

McMorrow dissented from the

majority opinion. Justice Nickels

wrote that he would have

distinguished the challenge to a

zoning ordinance, a type of action

traditionally allowed, from a

challenge to an Agency permit

decision under the Act. He would

have further held that the plaintiffs

had standing to file the challenges

under the case law distinguished by

the majority.

---

ENVIRONMENTAL REGISTER No. 499

December, 1995

FOR YOUR INFO

S

S

IGNIFICANT 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 8 such actions that

occurred in November, 1995:

P

P

roposed Delayed Compliance

Deadline for Gasoline

Distribution NESHAP

On November 7, 1995 (60 Fed.

Reg. 56133), U.S. EPA proposed

delaying the compliance deadline

for the National Emission

Standards for Hazardous Air

Pollutants for Source Categories:

Gasoline Distribution (Gasoline

Distribution NESHAP). U.S. EPA

adopted the Gasoline Distribution

NESHAP on December 14, 1994

(59 Fed. Reg. 64303), with a

notification and compliance

deadline of December 14, 1995. It

regulates the emission of

hazardous air pollutants (HAPs)

from new and existing bulk

gasoline terminals and pipeline

breakout stations that are major

sources of HAP emissions. The

proposal would revise the

notification deadline to the later of

December 14, 1996 or one year

after the source first becomes

subject to the NESHAP. It would

amend the deadline by which

sources subject to the NESHAP

must implement leak controls to

December 14, 1997.

In proposing the delayed

deadlines, U.S. EPA explained that

it adopted two mechanisms for

determining whether a source was

a major source subject to the

regulations. The first mechanism

was a set of screening equations for

determining potential emissions

based on the HAP content of

gasoline, gasoline throughput, and

emissions rates from equipment.

The second mechanism was a case-

by-case emissions inventory

review. Only bulk terminals and

pipeline breakout stations that had

no other source of HAP emissions

could use the first mechanism,

which U.S. EPA originally

anticipated would constitute 75

percent of all of these source.

Through a petition filed by the

American Petroleum Institute, U.S.

EPA learned that nearly all bulk

terminals and pipeline breakout

stations have other sources of HAP

emissions. Further, U.S. EPA

explained that federal compliance

guideline documents issued on

May 16, 1995 would require that a

bulk terminal or pipeline breakout

station would have to have

achieved area source status prior to

December 15, 1995 in order to

avoid being treated as a major

source subject to the NESHAP.

U.S. EPA stated that it was

proposing a delay in the NESHAP

compliance deadline due to the

availability of practical means for

sources to limit their potential to

emit and due to the proximity of

the May 16, 1995 release date to

the original December 14, 1995

compliance deadline.

(Editor's note: Under Sections

9.1 and 39.5 of the Act, the federal

NESHAPS are directly enforceable

in Illinois.)

F

F

ederal SIP Approval of Part

V 15% ROP Plan

On November 8, 1995 (60 Fed.

Reg. 56238), U.S. EPA published a

direct final rule approving the Part

V 15 percent reduction of pollution

(Part V 15% ROP) plan state

implementation plan revisions.

The approval will become effective

January 8, 1996 unless formally

withdrawn by U.S. EPA prior to

that date. The accompanying

notice of proposed amendments

appeared on the same date (60 Fed.

Reg. 56279).

The Board adopted the Part V

15% ROP amendments for the

Chicago and Metro-East areas on

April 20, 1995, under docket R94-

31. The regulations lowered the

allowable VOM emissions from

lithographic printing operations in

the Chicago and Metro-East areas.

They added definitions of non-

heatset and sheet-fed lithographic

printing, as-applied foundation

solution, and alcohol. The

regulations further established

control measures for VOM

emissions from lithographic

printers in the Chicago and Metro-

East areas. The Part V regulations

also made minor corrective

amendments to the pre-existing

regulations. The Agency, in filing

the proposal that resulted in the

Part V amendments, contemplated

that the Part V amendments would

affect about 113 facilities in the

Chicago area and one source in the

Metro-East area. It estimated that

the Part V regulations would

reduce VOM emissions by 4.0 tpd

in the Chicago area and by

minimal amounts in the Metro-

East area. The amendments were

effective on May 9, 1995.

(More FYI on p. 9)

---

ENVIRONMENTAL REGISTER No. 499

December, 1995

FOR YOUR INFO

(cont’d from page 8)

P

P

roposed New Determination

of When Military Munitions and

Explosives Are Hazardous

Waste; Proposed Revision of

Corrective Action Requirements

Amendment of Definition of On-

”Site”

On November 8, 1995 (60 Fed.

Reg. 56468), U.S. EPA proposed

amendments to the RCRA Subtitle

C regulations pursuant to the

Federal Facilities Compliance Act

of 1992, which added Section

3002(y) to RCRA (42 U.S.C. §

6924(y)). The amendments would

identify when conventional and

chemical military munitions

become a hazardous waste and

what transportation and storage

requirements would apply to those

munitions that have become

hazardous waste or to spent

munitions. The amendments

would also revise the regulations

applicable to emergency responses

involving those munitions by

military and civilian personnel.

Finally, the amendments would

revise the definition of "on-site", as

it would apply to all generators of

hazardous waste.

U.S. EPA has proposed making

the determination of when military

munitions become hazardous waste

by focusing on the determination of

when it is a solid waste, rather than

by redefining hazardous waste.

U.S. EPA has basically proposed

that munitions are "discarded", and

become hazardous waste, when

they are removed for destruction or

disposal. U.S. EPA has further

proposed that persons engaged in

emergency response actions

involving military and civilian

explosives are not subject to the

RCRA generator and

transportation requirements. U.S.

EPA also proposed amendment of

the definition of "on-site" to

encourage consolidation of waste at

single central locations, rather than

at several locations under the

control of the generator, and it

sought comment on whether to

retain the packaging and labelling

requirements relating to these

consolidating shipments.

D

D

elayed Effective Date for

RCRA Subtitle C Subpart CC

Organic Material Emissions

Regulations

On November 13, 1995 (60

Fed. Reg. 56952), U.S. EPA

delayed the effective date for the

RCRA Subtitle C hazardous waste

organic material emissions rules.

The 40 CFR 264 and 265, Subpart

CC rules apply to regulate the

emission of organic material from

tanks, containers, and surface

impoundments containing

hazardous waste. The stay,

effective December 6, 1995, the

date they were formerly effective,

delays the compliance deadline

until June 6, 1996. U.S. EPA

stated that it solicited comment on

the adopted rules on August 14,

1995 and that it presently

anticipates completing its

evaluation of the comments

received in January, 1996. It will

then publish its decision on

whether or how it will amend the

rules in response to the comments

received.

U.S. EPA adopted the Subpart

CC regulations on December 6,

1994 (59 Fed. Reg. 62896), and

stayed those rules until December

6, 1995 on May 19, 1995 (60 Fed.

Reg. 26828). On September 29,

1995 (60 Fed. Reg. 50426), U.S.

EPA stayed part of the rules as they

apply to tanks and containers used

to contain certain organic peroxide

manufacturing wastes. (See memo

of November 2, 1995.) In granting

the broader stay, U.S. EPA

explained that the only aspect of

the regulations that is affected at

this point is the deadline for

compliance, and not the content of

the rules. U.S. EPA particularly

stressed that the stay would not

affect the ultimate compliance

deadline of December 8, 1997 set

forth in the rules. U.S. EPA also

stressed that it is also not

considering changes in the

requirements for covers for tanks

and surface impoundments.

(Editor's note: As this issue

was prepared for distribution, the

Board had received and granted a

request for expedited consideration

of this stay. The Board will

include this stay in the RCRA

Subtitle C update docket R95-20,

which nominally covers federal

amendments during the period

January 1 through June 30, 1995.)

A

A

mendments to Transpor-

tation Conformity Rules

On November 14, 1995 (60

Fed. Reg. 57179), U.S. EPA

adopted amendments to the

transportation conformity rules.

The proposed amendments would

allow certain transportation control

measures (TCMs) to proceed even

if their conformity status has

lapsed. To proceed the TCMs

must have been included in an

approved state implementation

plan (SIP) or federal

implementation plan (FIP). The

present transportation conformity

rules would require that the TCM

be halted when the conformity

status has lapsed. The statutory

conformity grace period

---

ENVIRONMENTAL REGISTER No. 499

December, 1995

FOR YOUR INFO

(cont’d from page 9)

will expire on November 15, 1995.

This action would grant relief

primarily to those TCMs begun

under the grace period in areas that

have failed to demonstrate

conformity. To comply with the

amendments, a transportation

conformity SIP revision must be

submitted to U.S. EPA by

November 14, 1996.Section

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

Act (CAA) requires a

demonstration of the conformity

with the applicable ozone and/or

carbon monoxide SIP of all

transportation plans and

transportation improvement

programs (TIPs) in nonattainment

areas. The state may not build the

project unless implementation of

the TIP will result in lowered

vehicle emissions than those in the

1990 base-line inventory. Section

182(b)(1) requires the states to

submit plans for annual reductions

in volatile organic compound

(VOC) and NOx emissions in the

nonattainment areas. (See issue

496, Aug.-Sept., 1995.)

F

F

ederal Approval of Illinois

Air Toxics Program

On November 22, 1995 (60

Fed. Reg. 57834), U.S. EPA

published a direct final rule

approving the Illinois air toxic

control program for the regulation

of hazardous air pollutants (HAPs)

as it pertains to sources not

required to have a federal 40 CFR

70 (CAAA Title V) permit. This

action supplemented the interim

approval granted on March 7, 1995

(60 Fed. Reg. 12478) of the Illinois

CAAA Title V permit program,

which covered HAP emissions

from sources required to have a

Title V permit. (See memo of

March 22, 1995.) The direct final

rule approval covers only those

sources not required to have a Title

V permit. U.S. EPA approved the

program because it met the

requirements for federal delegation

to the state: (1) the state program

is no less stringent than the federal

program, (2) the state had adequate

authority and resources for

implementation, (3) the

implementation schedule is

sufficiently expeditious, and (4) the

program otherwise complies with

federal guidelines for state

programs. The associated notice of

proposed approval simultaneously

appeared in the Register (60 Fed.

Reg. 57846).

The direct final approval covers

implementation of all existing and

future federal HAP requirements,

except those pertaining to control

of emergency HAP releases, and all

national emission standards for

hazardous air pollutants

(NESHAPs), except for those

radionuclides, from sources not

subject to the federal part 70

permit requirements. Upon

promulgation by U.S. EPA of a

new CAA section 112 standard, the

Agency automatically has the

authority to directly implement the

federal standard under Section 39.5

of the Act. U.S. EPA announced

that effective immediately, all

contacts relating to HAP emissions

from sources in Illinois are to go to

the Agency, rather than to U.S.

EPA Region V.

E

E

xtension of Exemption from

LDRs for Cabot Corp.

On November 28, 1995 (60

Fed. Reg. 58623), U.S. EPA

published notice of its intent to

extend an exemption from the land

disposal restrictions (LDRs) for

Cabot Corporation's Tuscola,

Illinois facility. If granted, the "no

migration" exemption would allow

Cabot to continue underground

injection of RCRA Subtitle C

characteristic hazardous waste

D002 (corrosive) and listed

hazardous waste F003 (spent non-

halogenated solvents) and F039

(hazrdous waste leachate) into a

new Class I injection well.

The LDRs adopted by U.S.

EPA pursuant to the Hazardous

and Solid Waste Amendments of

1984 prohibit the land disposal of

hazardous waste except under very

narrow circumstances.

Underground injection is one form

of land disposal to which the LDRs

apply. One condition that would

allow the continued injection of

hazardous waste, called a "no

migration" exemption under 40

CFR 148.20, is if U.S. EPA makes

a determination that the well

owner or operator has

demonstrated that no migration of

hazardous waste or hazardous

waste constituents from the

confining zone would result within

the next 10,000 years through the

continued land disposal. U.S. EPA

initially issued such an exemption

to Cabot's Tuscola facility on

August 24, 1990 (55 Fed. Reg.

34739) pertaining to its well no. 1.

U.S. EPA expanded the exemption

on February 4, 1991 to include its

well no. 2. and expanded it on

November 4, 1994 to include an

additional waste. The intended

exemption would allow Cabot to

use new well no. 3 and later retire

existing well no.1 from service.

(Editor's note: The Board

granted Cabot an adjusted standard

from the corresponding Illinois

LDRs for well nos. 1 and 2 on

February 17, 1994. See issue 480,

Mar., 1994. A petition pertaining

to well no. 3 is presently pending

---

ENVIRONMENTAL REGISTER No. 499

December, 1995

11

FOR YOUR INFO

before the Board. See issue 497,

Oct., 1995.)

R

R

emoval of Asbestos from

Initial List of Categories of HAP

Sources

On November 30, 1995 (60

Fed. Reg. 61550), U.S. EPA stated

that it was deleting asbestos

processing from its initial list of

sources of hazardous air pollutants

(HAPs). This means that U.S.

EPA will not develop national

emission standards for HAP

(NESHAPs) for this category of

sources. U.S. EPA stated that it

took this action after public

comments and further study

indicated that these sources emit

far less asbestos than originally

estimated when it proposed the

industry source category on July

16, 1992 (58 Fed. Reg. 63941). As

a result, U.S. EPA concluded that

no source in the category would

emit asbestos in quantities that

would pose an individual lifetime

risk of cancer greater than one in a

million (10-6). The asbestos

processing category would have

included 174 sources across the

country.

FINAL ACTIONS

N

N

ovember 2, 1995 BOARD MEETING

94-374

Eagle Ridge Inn and Resort (The Branigar

Organization) v. EPA - The Board granted voluntary

withdrawal of this underground storage tank fund

reimbursement determination appeal involving a

JoDaviess County facility.

95-57

Forrest Williams, d/b/a Williams Mobil v. EPA -

The Board granted voluntary dismissal of this

underground storage tank appeal involving a Lake

County facility. Consolidated with PCB 95-58.

95-58

Forrest Williams, d/b/a Williams Mobil v. EPA -

The Board granted voluntary withdrawal of this

underground storage tank reimbursement determination

appeal involving a Lake County facility. Consolidated

with PCB 95-57.

95-88

Field Container Company, L.P., Elk Grove

Facility v. EPA - The Board granted voluntary dismissal

of this air permit appeal involving a Cook County

facility.

95-176

People of the State of Illinois v. Pro-Pak

Industries, Inc. - The Board accepted a stipulation and

settlement agreement in this air enforcement action

involving a DuPage County facility, ordered the

respondent to pay a civil penalty of $1,500.00, and

ordered the respondent to cease and desist from further

violation. J. Theodore Meyer concurred.

96-6

Spectrulite Consortium, Inc. v. EPA - The Board

granted a 15-month variance from the fugitive particulate

matter (PM10) emissions requirements of the air

pollution control regulations, in order to allow this

Madison County facility to operate two magnesium pot

furnaces at a time, subject to conditions. Board Member

M. McFawn concurred.

96-8

  

Alloy Engineering & Casting Company v. EPA -

The Board granted voluntary withdrawal of a request for

a 90-day extension of time to file an air permit appeal on

behalf of this Champaign County facility.

96-15

Southern Food Park, Inc. (Carterville/Han-Dee

Mart #35) v. EPA - Having previously granted a request

for a 90-day extension, the Board dismissed this reserved

docket because no underground storage tank

reimbursement determination appeal was filed on behalf

of this Williamson County facility.

96-16

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

previously granted a request for a 90-day extension, the

Board dismissed this reserved docket because no

underground storage tank appeal was filed on behalf of

this Stephenson County facility.

96-17

Richard Kurtz (Site Classification) v. EPA -

Having previously granted a request for a 90-day

extension, the Board dismissed this reserved docket

because no underground storage tank appeal was filed on

behalf of this Stephenson County facility.

96-18

Richard Kurtz (Low Priority Ground Water

Monitoring Plan) v. EPA - Having previously granted a

request for a 90-day extension, the Board dismissed this

reserved docket because no underground storage tank

appeal was filed on behalf of this Stephenson County

facility.

---

December, 1995

FINAL ACTIONS

(Cont’d from page 11)

96-19

Flynn Ready-Mix Concrete (Site Classification

Work Plan) v. EPA - Having previously granted a request

for a 90-day extension, the Board dismissed this

reserveddocket because no underground storage tank

appeal was filed on behalf of this JoDaviess County

facility. Consolidated with PCB 96-35.)

96-35

Flynn Ready-Mix Concrete (Site Classification

Completeness Report) v. EPA - Having previously

granted a request for a 90-day extension, the Board

dismissed this reserved docket because no underground

storage tank appeal was filed on behalf of this JoDaviess

County facility. (Consolidated with PCB 96-35.)

96-93

Olin Hunt Specialty Products v. EPA - Upon

receipt of an Agency recommendation, the Board granted

a 10-day provisional variance from the ninety 90-day

limitation on the accumulation of hazardous waste at this

Winnebago County facility, subject to conditions.

96-94

Citgo Petroleum Corporation v. EPA - Upon

receipt of an Agency recommendation, the Board granted

this Cook County facility a 45-day provisional variance

from the prohibition of the water pollution control

regulations against discharge of pollutants except in

accordance with an NPDES permit, subject to conditions,

in order to allow hydrostatic testing of a gasoline storage

tank.

AC 96-17

EPA v. Community Landfill Corporation -

The Board entered a default order, finding that this

Kankakee County respondent had violated Section

21(p)(1) of the Act and ordering it to pay a civil penalty

of $500.00.

R90-1(C)

In the Matter of: Toxic Air Contaminant List,

Reporting Requirements (35 Ill. Adm. Code Part 232) -

See Rulemaking Update.

R90-1(D)

In the Matter of: Toxic Air Contaminant List,

Styrene (35 Ill. Adm. Code Part 232, Appendix A) - See

Rulemaking Update.

N

N

ovember 16, 1995 BOARD MEETING

89-177

CWM Chemical Services, inc. v. EPA and

People of the State of Illinois as Intervenor - The Board

granted voluntary dismissal of this RCRA permit appeal

involving a Cook County facility.

91-11

Burlington Northern Railroad Company v. EPA -

The Board granted voluntary withdrawal of this RCRA

permit appeal involving a Knox County facility.

91-38

American Waste Processing, Ltd. v. EPA - The

Board granted voluntary dismissal of this RCRA permit

appeal involving a Cook County facility.

94-148

Chemical Waste Management, Inc. v. EPA - The

Board granted voluntary dismissal of this air permit

appeal involving a Cook County facility. Consolidated

with PCB 94-162, PCB 94-169, and PCB 94-170.

94-162

Chemical Waste Management, Inc. v. EPA -

The Board granted voluntary dismissal of this air permit

appeal involving a Cook County facility. Consolidated

with PCB 94-148, PCB 94-169, and PCB 94-170.

94-169

Chemical Waste Management, Inc. v. EPA - The

Board granted voluntary dismissal of this air permit

appeal involving a Cook County facility. Consolidated

with PCB 94-148, PCB 94-162, and PCB 94-170.

94-170

Chemical Waste Management, Inc. v. EPA - The

Board granted voluntary dismissal of this air permit

appeal involving a Cook County facility. Consolidated

with PCB 94-148, PCB 94-162, and PCB 94-169.

94-204

Mary Lou Powell v. Mr. M. Ceisel and Laser

Express Auto Bath - The Board granted voluntary

withdrawal of this citizen's noise enforcement action

against a DuPage County facility.

94-233

Amoco Oil Company v. EPA - The Board

granted voluntary withdrawal of this underground

storage tank fund reimbursement determination appeal

involving a DeKalb County facility.

95-116

Kelly-Williamson company v. EPA - The

Board affirmed the Agency's denial of reimbursement in

this underground storage tank fund reimbursement

determination involving a Boone County facility.

96-33

City of Monmouth v. EPA - The Board granted

this Warren County facility five-year variance, subject to

conditions, from the standards for issuance and restrict

status requirements of the public water supply

---

ENVIRONMENTAL REGISTER No. 499

December, 1995

13

regulations, as they relate to the radium-226 and radium-

228 content and gross alpha particle activity of its water.

FINAL ACTIONS

(Cont’d from page 12)

96-56

Village of Plainfield v. EPA - The Board granted

this Will County facility five-year variance, subject to

conditions, from the standards for issuance and restrict

status requirements of the public water supply

regulations, as they relate to the radium-226 and radium-

228 content and gross alpha particle activity of its water.

96-80

People of the State of Illinois v. Behr Precious

Metals, Inc. - The Board accepted a stipulation and

settlement agreement in this air enforcement action

against a Winnebago County facility, ordered the

respondent to pay a civil penalty of $10,000.00, and

ordered it to cease and desist from further violation. J.

Theodore Meyer dissented.

96-104

DeKalb Sanitary District v. EPA - Upon receipt

of an Agency recommendation, the Board granted a 45-

day provisional variance, subject to conditions, from

certain of the carbonaceous biochemical oxygen demand,

total suspended solids, and ammonia nitrogen

requirements of the water pollution control regulations,

in order to allow the continuation of operations during

repairs of this DeKalb County wastewater treatment

facility.

96-105

Uno-Ven Company v. EPA - Upon receipt of an

Agency recommendation, the Board granted this Cook

County facility a 45-day provisional variance, subject to

conditions, from the prohibition of the water pollution

control regulations against discharge of pollutants except

in accordance with an NPDES permit, in order to allow

the Uno-Ven to hydrostatically test a gasoline storage

tank.

AC 96-25

EPA v. Fred Smith, Jr. - The Board entered a

default order, finding that this Macoupin County

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

ordering him to pay a civil penalty of $500.00.

AS 94-19

In the Matter of: Petition of Hepworth U.S.

Holdings, Inc., Manley Brothers of Indiana, Inc. and the

Silica Sand Trust for an Adjusted Standard From 35 Ill.

Adm. Code 620.410 - The Board granted this LaSalle

County facility an adjusted standard, subject to

conditions, from the Class I Groundwater quality

standards for lead, nickel, and arsenic, applicable to the

50-acre northwest portion of the 550-acre facility.

NEW CASES

N

N

ovember 2, 1995 BOARD MEETING

96-28

Freightliner of Chicago, Inc. v. EPA - Having

previously granted a 90-day extension of time to file, the

Board accepted this underground storage tank fund

reimbursement determination appeal involving a Lake

County facility for hearing.

96-84

Forest Preserve District of DuPage County,

Illinois v. Mineral and Land Resources Corporation,

Southwind Financial, Ltd. formerly know as Abbott

Contractors, Inc., Bluff City Materials, Inc. as Assignee

of Abbott Contractors, Inc. - The Board held this citizen's

land and water enforcement action against a DuPage

County facility for a frivolous and duplicitous

determination.

96-85

The County of Kane, Illinois and Waste

Management of Illinois, Inc. (Settler's Hill Facility) v.

EPA - The Board accepted this land permit appeal

involving a Kane County facility for hearing.

96-86

BFI Modern Landfill #1 & #2 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 St. Clair County

facility.

96-87

Dwight - #17 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 Livingston County facility.

96-88

Kean Oil Company (Chicago Ridge Facility) 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.

96-89

Gilbert & Bennett Manufacturing Company (Blue

Island Facility) v. EPA - Having received a notice of 90-

day extension of time to file, the Board reserved this

docket for any RCRA Part B post-closure care permit

---

ENVIRONMENTAL REGISTER No. 499

December, 1995

14

appeal that may be filed on behalf of this Cook County

facility.

NEW CASES

(Cont’d from page 13)

96-90

Graham C-Stores, Inc. (Roselle Facility) v. EPA -

The Board accepted this petition for a variance filed on

behalf of this DuPage County facility from the Stage II

gasoline vapor recovery requirements of the air pollution

control regulations for hearing.

96-91

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 LLC - The Board

provisionally accepted this third-party pollution control

facility (landfill) siting appeal involving a proposed

Madison County facility for hearing and ordered the

filing of an amended petition that includes the decision

from which relief is sought.

96-92

Amoco Oil Company (Elmhurst Facility) v. EPA -

The Board held this notice of 90-day extension of time to

file an underground storage tank appeal on behalf of this

DuPage County facility.

96-93

Olin Hunt Specialty Products v. EPA - See Final

Actions.

96-94

Citgo Petroleum Corporation v. EPA - See Final

Actions.

96-95

Allied Signal, Inc. (Metropolis Facility) v. EPA -

The Board accepted this NPDES permit appeal involving

a Massac County facility for hearing.

AC 96-14

County of Will v. CDT Landfill - The Board

accepted an appeal of this administrative citation against

a Will County facility for hearing.

AC 96-15

County of Will v. CDT Landfill - The Board

accepted an appeal of this administrative citation against

a Will County facility for hearing.

AC 96-18

County of Will v. CDT Landfill- The Board

received an administrative citation against a Will County

respondent.

R96-4

In the Matter of: Listing of Federal Hazardous

Air Pollutants, Great Lakes Commission Toxic

Compounds and Great Waters Program Toxic

Compounds, and Source Reporting for Illinois Toxic Air

Contaminants: Amendments to 35 Ill. Adm. Code 232 -

See Rulemaking Update.

N

N

ovember 16, 1995 BOARD MEETING

96-47

Joseph Bogacz v. Commonwealth Edison

Company - The Board found that this citizen's air

enforcement action against a Cook County facility was

neither frivolous nor duplicitous, denied the respondent's

motion to dismiss, and accepted the complaint for

hearing.

96-57

Laidlaw Waste Systems, Inc. (Coles County

Landfill) v. EPA - The Board accepted this land permit

appeal involving a Coles County facility for hearing.

96-69

Thomas Corning and Kimberly Corning v.

Thurela's and Pam and Arthur Hegji, as owners - The

Board found that this citizen's noise enforcement action

against a Lake County facility was neither frivolous nor

duplicitous, denied the respondent's motion to dismiss,

and accepted the complaint for hearing.

96-92

Amoco Oil Company (Elmhurst Facility) v. EPA -

Having received a notice of 90-day extension of time to

file, the Board reserved this docket for any underground

storage tank appeal that may be filed on behalf of this

DuPage County facility.

96-96

General Electric Control Products v. EPA -

Having received a notice of 90-day extension of time to

file, the Board reserved this docket for any water permit

appeal that may be filed on behalf of this Whiteside

County facility.

96-97

People of the State of Illinois v. Village of

Thompsonville - The Board received this water

enforcement action against a Franklin County facility for

hearing.

96-98

People of the State of Illinois v. Skokie Valley

Asphalt, Inc. - The Board received this water

enforcement action against a Lake County facility for

hearing.

---

ENVIRONMENTAL REGISTER No. 499

December, 1995

15

96-99

The Belleville Development, L.P. v. EPA - The

Board denied involuntary dismissal of this NPDES

permit appeal involving a St. Clair County facility and

ordered the petitioner to file a second amended petition

that cures certain defects.

NEW CASES

(Cont’d from page 14)

96-100

Florida Plastics International, Inc. v. EPA -

Having received a notice of 90-day extension of time to

file, the Board reserved this docket for any air permit

appeal that may be filed on behalf of this Cook County

facility.

96-101

Horsehead Resource Development Company,

Inc. v. EPA - Having received a notice of 90-day

extension of time to file, the Board reserved this docket

for the purpose of resolving any potential issue regarding

timeliness of this RCRA permit appeal filed on behalf of

this Cook County facility and accepted the appeal for

hearing.

96-102

Kathe's Auto Service Center v. EPA - The Board

accepted this underground storage tank fund

reimbursement determination appeal involving a Cook

County facility for hearing.

96-103

People of the State of Illinois v. Central Decal

Company - 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 Cook and DuPage County

facility, the Board ordered publication of the required

newspaper notice.

96-104

DeKalb Sanitary District v. EPA - See Final

Actions.

96-105

Uno-Ven Company v. EPA

- See Final Actions.

96-106

People of the State of Illinois v. Beloit

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 Winnebago County facility,

the Board ordered publication of the required newspaper

notice.

AC 96-19

County of Will v. CDT Landfill - The Board

received an administrative citation against a Will County

respondent.

AC 96-20

EPA v. James O. Weir - The Board received

an administrative citation against a Rock Island County

respondent.

AC 96-21

EPA v. Envirofil of Illinois, Inc. - The Board

received an administrative citation against a McDonough

County respondent.

AC 96-22

EPA v. James Ethridge - The Board received

an administrative citation against a Rock Island County

respondent.

AC 96-23

EPA v. Paul Bunyon and Charles Groszek -

The Board received an administrative citation against a

Grundy County respondent.

AC 96-24

County of Jackson v. Randy McBride - The

Board received an administrative citation against a

Jackson County respondent.

R96-5

In the Matter of: Visible and Particulate Matter

Emissions-Conditional Approval and Clean Up

Amendments to 35 Ill. Adm. Code Parts 211 and 212 -

See Rulemaking Update.

---

ENVIRONMENTAL REGISTER No. 499

December, 1995

CALENDAR OF HEARINGS

A

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

to the public but public participation is generally not allowed. Times and locations are subject to cancellation and

rescheduling without notice. Confirmation of hearing dates and times is available from the Clerk of the Board at 312- 814-

6931.

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 11

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.

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 Grove Village Hall, 901 Wellington, Elk Grove Village.

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. (Consolidated with PCB 96-82.)

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.

---

ENVIRONMENTAL REGISTER No. 499

December, 1995

17

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 18

10:00 a.m.

AC 95-43

AC

Montgomery County v. Clifford D. Crispens, Jacqueline R. Crispens and Line

Pilot Bungee, Inc. (Litchfield/Crispens) - Montgomery County Courthouse,

Courtroom 1, 120 North Main Street, Hillsboro.

December 20

2:00 p.m.

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

Randolph St., Conference Room 9 -031, Chicago

December 21

1:00 p.m.

PCB 94-146

N-E, Citizens'

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

Room, 208 South Rapp, Columbia.

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.

January 5

PCB 95-112

P-A, Air

John C. Justice, d/b/a Microcosm v. EPA - James R. Thompson Center,

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

January 5

10:00 a.m.

R 96-5

R, Air

In the Matter of: Visible and Particulate Matter Emissions - Conditional

Approval and Clean Up: Amendments to 35 Ill. Adm. Code 211 and 212 -

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

Chicago.

January 8

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

January 18

10:30 a.m.

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

Randolph St., Conference Room 9 -040, Chicago

January 19

10:00 a.m.

PCB 95-150

A-V

Marathon Oil Company v. EPA - Crawford County Courthouse, Grand Jury

Room, Robinson.

---

ENVIRONMENTAL REGISTER No. 499

December, 1995

18

January 19

9:30 a.m.

PCB 95-155

A-V

General Business Forms, Inc. v. EPA - James R. Thompson Center, Suite 11-

500, 100 West Randolph Street, Chicago.

January 24

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.

February 1

10:30 a.m.

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

Randolph St., Conference Room 9 -040, Chicago

February 2

10:00 a.m.

R 96-5

R, Air

In the Matter of: Visible and Particulate Matter Emissions - Conditional

Approval and Clean Up: Amendments to 35 Ill. Adm. Code 211 and 212 -

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

Chicago.

February 15

10:30 a.m.

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

Randolph St., Conference Room 9 -040, Chicago

February 16

10:00 a.m.

PCB 96-85

P-A, Land

The County of Kane, Illinois and Waste Management of Illinois, Inc. (Settler's

Hill Facility) v. EPA - Old Kane County Courthouse, Room 110, 100 South

Third, Geneva.

February 16

10:00 a.m.

R 96-5

R, Air

In the Matter of: Visible and Particulate Matter Emissions - Conditional

Approval and Clean Up: Amendments to 35 Ill. Adm. Code 211 and 212 -

Law Enforcement Training Building, 600 South Second Street, Third Floor,

Conference Room, Springfield.

March 7

10:30 a.m.

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

March 21

10:30 a.m.

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

April 4

10:30 a.m.

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

April 18

10:30 a.m.

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

May 2

10:30 a.m.

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

May 16

10:30 a.m.

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

Randolph St., Conference Room 9 -040, Chicago

---

December, 1995

June 6

10:30 a.m.

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

June 20

10:30 a.m.

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

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 waste only)

RCRA

Resource Conservation and Recovery

Act

S0

2

S0

2

Alternative Standards (35 ILL.

ADM. CODE 302.211(f)))

SWH-E

Special Waste Hauling Enforcement

SWH-V

Special Waste Hauling Variance

T

Thermal Demonstration Rule

T-C

Tax Certifications

T-S

Trade Secrets

UST-Appeal

Underground Storage Tank Corrective

Action Appeal

UST-E

Underground Storage Tank Enforcement

UST-FRD

Underground Storage Tank Fund Reim-

bursement Determination

W-E

Water Enforcement

W-V

Water Variance

WWS

Water-Well Setback Exception

---

ENVIRONMENTAL REGISTER No. 499

December, 1995

20

B

OARD STAFF ADDRESSES ON THE INTERNET

The following are IPCB reference sources for case and process information, to order copies of opinions and

orders through the Clerk’s Office (for preparation and pick-up or for mail delivery), and management contacts.

Attorneys to Board Members

Internet E-Mail Address

Telephone number

Vogel, Musette

--(Board Chairman Manning)

mvogel@pcb084r1.state.il.us

217-524-8509

Hoogasian, Amy

--(Board Chairman Manning)

ahoogasi@pcb016r1.state.il.us

312-814-8917

Desharnais, Kevin

--(Board Member Mc

Fawn)

kdesharn@pcb016r1.state.il.us

312-814-6926

Doyle. K.C.

--(Board Member Meyer)

kdoyle@pcb016r1.state.il.us

312-814-3665

Feinen, Chuck

--(Board Member Yi)

cfeinen@pcb016r1.state.il.us

312-814-3473

Lozuk-Lawless, Audrey

--(Board Member

Flemal)

alozukla@pcb016r1.state.il.us

312-814-6923

O’Neill, Diane

--(Board Member Dunham)

doneill@pcb016r1.state.il.us

312-814-6062

Tipsord, Marie

--(Board Member Girard)

mtipsord@pcb016r1.state.il.us

312-814-4925 &

618-498-9803

Staff Attorneys / Hearing Officers

Internet E-Mail Address

Telephone number

Crowley, Kathleen

--Senior Attorney

kcrowley@pcb016r1.state.il.us

312-814-6929

Wallace, Michael

--Chief Hearing Officer

mwallace@pcb084r1.state.il.us

217-524-8507

Edvenson, June

--Hearings Coordinator/Officer

--

Attorney

jedvenso@pcb016r1.state.il.us

312-4814-6930

Frank, Deborah

--Hearing Officer

dfrank@pcb084r1.state.il.us

217-524-8500 &

217-356-5275

McCambridge, Michael J.

--Attorney

mmccambr@pcb016r1.state.il.us

312-814-6924

Clerk’s Office

Internet E-Mail Address

Telephone number

Gunn, Dorothy

--Clerk of the Board

dgunn@pcb016r1.state.il.us

312-814-6931

Hogan, Adaleen

--Assistant Clerk of the Board

ahogan@pcb016r1.state.il.us

312-814-3629

Brown, Don

--Paralegal Assistant

dbrown@pcb016r1.state.il.us

312-814-3461

Agyeman, Victoria

--Receptionis

t, O&O

Ordering Contact

vagyeman@pcb016r1.state.il.us

312-814-3620

Management Staff

Internet E-Mail Address

Telephone number

Cross, John--Legislative Liaison

jcross@pcb084r1.state.il.us

217-524-8504

D’Alessandro, Joe

--Fiscal Officer

jdalessa@pcb084r1.state.il.us

217-524-8512

Olson, Betty--Personnel Manager

bolson@pcb016r1.state.il.us

312-814-3655

St. Angel, Kevin--Public Service Coordinator

kstangel@pcb084r1.state.il.us

217-524-8510

Wiley, Sandy--Executive Coordinator

swiley@pcb016r1.state.il.us

312-814-3623

Technical Staff

Internet E-Mail Address

Telephone number

Rao, Anand--Lead Environmental Scientist

arao@pcb016r1.state.il.us

312-814-3956

Soni, Hitten

--Environmental Scientist

hsoni@pcb016r1.state.il.us

312-814-1591

-clip and save this page for your reference and convience-

---

ENVIRONMENTAL REGISTER No. 499

December, 1995

ILLINOIS POLLUTION CONTROL BOARD

HOME PAGE ON THE WORLD WIDE WEB (INTERNET)

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

is located within the State of Illinois Home Page under the State Agenies option. The Page can be accessed

through any of the commercial on-line services (America On-Line and Compuserve, for example). The address

of the Illinois Home Page is:

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

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

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

♦

Board Member Profiles

Biographical information of Board members.

♦

Board Meeting Dates and Agendas Listing of regularly scheduled Board meetings and tentative

meeting agendas.

♦

Information Services

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

process.

♦

Pending Rulemakings

Monthly update of rulemaking activity pending before the Board.

♦

Procedural Rules

Full listing of the Board's procedural rules.

♦

Legislation

Compilation of recently enacted legislation affecting the Board.

♦

Newsletters

Identical to the hard copy version of the IPCB's Newsletter.

Includes, among other things, an update on IPCB decisions in the

appellate courts, significant federal actions, final action taken on

cases, and new cases filed with the IPCB.

♦

Annual Reports

An electronic version of annual reports. Includes the 25th

Anniversary/FY95 Annual Report.

Any questions or comments may be addressed to Kevin St. Angel at the IPCB by phone at (217) 524-8510 or

via e-mail at the following address: kstangel@pcb084R1.state.il.us.

---

December, 1995

ILLINOIS POLLUTION CONTROL BOARD

POLICY

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

reflect the actual costs of reproduction and distribution. Significant resources, both human and material, are

expended to locate, photocopy and in the case of those wanting to pay later for copies received, the resources

required to maintain a billing system. Your understanding will be appreciated.

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

    

♦

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

dissenting and/or concurring opinion(s). Requests for multiple opinions and orders are 75 cents per

page.

    

♦

Hearing Transcripts are 75 cents per page.

    

♦

All other documents are 75 cents per page.

    

♦

The following State Agencies are, upon request, provided copi

es 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.

---

December, 1995

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 Control Board

100 W. Randolph, Suite 11-500

Chicago, Illinois 60601

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

Environmental Register

Mailing List

Name

______________________________________________________________

Company/Firm Name

______________________________________________________________

Address

______________________________________________________________

City/State/Zip

______________________________________________________________

__________________

Yes, I 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

---

Printed by Authority of the State of Illinois, December, 1995, 200 copies.

The Illinois Pollution Control Board is an independent seven member board which adopts the environmental

control standards for the State of Illinois and rules on enforcement actions and other environmental disputes.

The Board Members are:

Claire A. Manning, Chairman

Springfield, Illinois

Emmett E. Dunham II

Ronald C. Flemal

G. Tanner Girard

Elmhurst, Illinois

DeKalb, Illinois

Grafton, Illinois

Marili McFawn

J. Theodore Meyer

Joseph Yi

Palatine, Illinois

Chicago, Illinois

Park Ridge, Illinois

The Environmental Register is a newsletter published by the Board monthly. The Register provides updates

on rulemakings and other information, lists final actions, and contains the Board's hearing calendar. The

Register is provided free of charge.

Illinois Pollution Control Board

State of Illinois Center, 11-500

100 West Randolph Street

Chicago, Illinois 60601

(312) 814-3620

Address Correction Requested.