No. 501

   

    

A Publication of the Illinois Pollution Control Board

    

    

February, 1996

L

L

EGISLATIVE UPDATE

EGISLATIVE UPDATE

F

F

OR YOUR INFORM

OR YOUR INFORMA

ATION

TION

LLINOIS GENERAL AS-

SEMBLY VOTES TO RE-

PEAL RETAIL RATE LAW

Just one day after Governor

called for the repeal of the State's

Retail Rate Law in his State-of-the-

State address, both houses of the

Illinois General Assembly voted,

on January 11, 1996, to repeal the

Law for waste incinerators

throughout Illinois. The bill left the

Retail Rate Law intact for those

landfills in the State that generate

and recover methane. Because the

bill did not contain a grandfather

clause, it would impact all those

incinerators now proposed, cu-

rently under construction, or cur-

rently in operation. While the fed-

eral PERPA Law already requires

electric utilities to purchase power

from waste-to-energy facilities

(such as waste incinerators), the

federal law (

Cont’d on p.2

)

BOARD UPDATES PRO

BONO ATTORNEY LIST

The Illinois Pollution Control

Board maintains a list of pro bono

attorneys for individuals that re-

quest such assistance. To be added

to the this list please contact the

Clerk of the Board, Dorothy Gunn,

at (312)814-6931 (internet address

dgunn@pcb016r1.state.il.us).

ESSAGE FROM THE

CHAIRMAN

On January 18, 1996, The Illi-

nois Pollution Control Board

adopted an updated set of admin-

istrative rules. These rules reflect

changes in the Board’s operations

over the last ten years.

The revised administrative rules

indicate recent innovations in the

Board’s public service, including a

home page on the World Wide

Web, that I am sure will be of

great use to all of the Environ-

mental Register Subscribers.

Please see a complete version of

the rules

SEPA APPROVES

CHICAGO OZONE SIP

TO SUPERCEDE FIP

In a direct final rule dated

January 26, 1996 (61 Fed. Reg.

2423) and effective on March 26,

1996, unless earlier withdrawn by

Federal Register

notice, USEPA

approved the final installment of

the state implementation plan (SIP)

under the Clean Air Act (CAA) for

the Chicago area. The approved

rules are the reasonably available

control technology (RACT) regu-

lations, as amended by the Board

on September 9, 1993, in R93-9,

and January 6, 1994 in R93-14.

The approved regulations apply to

certain major sources in the Chi-

cago area for which USEPA has

not developed a Control Technol-

ogy Guideline (CTG sources).

USEPA noted in granting the ap-

proval that Illinois must still de-

velop RACT requirements for 11

non-CTG (

Cont’d on p. 2

)

Inside This Issue

Final Actions

p12

New Cases

p13

Calendar of Hearings

p15

Rulemaking Update

p18

IEPA Restricted Status List

p34

E

NVIRONMENTAL

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EGISTER

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ENVIRONMENTAL REGISTER No. 501

February, 1996

L

EGISLATIVE UPDATE

 

(Cont’d)

does not stipulate how much the utility must pay for the

purchase of such power. The Illinois Retail Rate Law

(passed in 1987 as an economic development incentive

for poorer communities to attract new jobs through the

construction of such facilities) required the Illinois

Commerce Commission to require electric utilities not

only to purchase the power, but to pay the higher incin-

erator's cost for generating the power. The utility would

then be held harmless by being reimbursed by the State

for the difference between the higher and lower cost

through a state income tax credit. Once the capital costs

of building the incinerator were paid off, the owner of the

incinerator was required to repay the State for the cost of

the tax credit. The Governor has not yet acted on HB

1523.

F

F

OR YOUR INFORMATION

OR YOUR INFORMATION

LLINOIS ASSOCIATION OF WATER POLLU-

TION CONTROL OPERATORS TO HOLD 61

ANNUAL CONFERENCE

The Illinois Association of Water Pollution Control Op-

erators will hold its 61

st

Annual conference April 22-26,

1996 at the Holiday Inn East Exhibition and Convention

Center, Springfield, Illinois. The three and a half day

program includes a two and a half day technical program

with an emphasis on wastewater treatment plant opera-

tions and maintenance, a first day wastewater treatment

plant operations workshop on safety, and an IAWPCO

awards program for Wastewater Plant and Operator-of-

the-Year recognition.

LLINOIS EPA PUBLISHED NOTICE OF

DERIVED WATER QUALITY CRITERIA

A Notice of Public Information appeared in the

January 5, 1996 issue of the

Illinois Register

, at 20 Ill.

Reg. 649, from the Illinois EPA (Agency). The notice

sets forth the listing of derived water quality criteria used

in Illinois during the period of August 1 through October

31, 1995. This listing is required under Part 302,

Subpart F of the Illinois water pollution control

regulations. Those rules require the Agency to evaluate

various scientific data and develop the stream water-

specific water quality criteria and to publish and

periodically update the list of the developed criteria. It is

one of several quarterly lists that the Agency has had

published in the

Register

since October, 1993. The list

included acute and chronic toxicity and human health

levels in various Illinois waterways in 46 entries for 44

contaminants.

OARD AND AGENCY REGULA-

TORY AGENDAS APPEAR IN THE

ILLINOIS REGISTER

The Board's semiannual January 1996

Regulatory Agenda appeared in the January 19, 1996

issue of the

Illinois Register

, at 20 Ill. Reg. 1286. The

Board's agenda was assembled in cooperation with the

Illinois EPA (Agency), since the Agency submits a major

number of the regulatory proposals that the Board

receives. The agenda set forth 27 rulemaking actions

that the Board and Agency reasonably foresee the Board

proposing within the next few months. The agenda

includes prospective actions that have not yet reached the

proposed rule stage. The agenda entries describe the

possible actions and the regulations they might affect,

and each indicates where to direct questions and

comments.

A week later, in the January 26, 1996 issue of the

Register

, at 20 Ill. Reg. 1663, the Agency’s January 1996

Regulatory Agenda appeared. The Agency's agenda

listed four regulatory proposals that the Agency might

foreseeably undertake pursuant to its own rulemaking

authority, independent of the Board.

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 13 such actions that

occurred in December, 1995 and 8 that occurred in

January, 1996:

A

A

pproval of Chicago RACT SIP to Supersede FIP

(R93-9 & R93-14)

(Continued from p.1)

source categories, but that the

approval superseded the final elements of the federal

implementation plan (FIP) adopted by USEPA for the

Chicago metropolitan area on June 29, 1990 (55 Fed.

Reg. 46562). The accompanying notice of proposed

amendments appeared the same day (61 Fed. Reg. 2464).

The R93-9 amendments were a cleanup of the

existing Part 218 regulations, originally adopted by the

Board in R91-7, on July 25, 1991. The R91-7 rules of

Part 218, as amended through R93-9, established RACT

I

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ENVIRONMENTAL REGISTER No. 501

3

requirements for the Chicago metropolitan area. The

R93-14 amendments apply to major sources in the

Chicago metropolitan area: those that emit or have the

potential to emit 25 tons per year or more of volatile

organic material (VOM). The R93-14 established RACT

requirements for two CTG source categories and for

sources for which USEPA had not developed a CTG

(non-CTG sources). The CTG sources for which RACT

requirements were adopted in R93-14 were the

flexographic and rotogravure printing industry and

petroleum dry cleaners. The R93-14 amendments

adopted RACT requirements for several non-CTG

sources, including the polyester resin products

manufacturing, aerosol can filling, leather coating, glass

manufacturing, and miscellaneous leaks categories.

USEPA stated that the Illinois EPA (Agency) estimated a

deduction in VOM emissions in the Chicago area of 2.78

tons per day from 119 sources through the R93-9 and

R93-14 amendments.

In approving the Illinois SIP submittal, USEPA

explained that section 182(b)(2) of the Clean Air Act

(CAA), as amended in 1990, divided the universe of

sources into three categories: (1) those for which USEPA

had developed a CTG (including 29 categories); (2) those

for which USEPA had not developed a CTG but for

which USEPA was to have developed a CTG by

November, 1993 (including 13 source categories); and

(3) those not covered by a CTG. The states were to have

adopted RACT requirements for all the CTG sources and

for all major non-CTG sources (those emitting 100 tons

per year or more of VOM) prior to the amendments

under pre-existing federal law. The 1990 CAA

amendments required USEPA to develop CTGs for 13

source categories by November, 1993. The 1990

amendments also required the states to submit

regulations for non-CTG sources by November, 1992, but

it allowed the states to defer action on the 13 source

categories for which USEPA was to develop a CTG. If

USEPA did not develop a CTG for a source category by

November, 1993, the 1990 amendments allowed the

states until November, 1994 to submit RACT

requirements for the deferred source categories, with

implementation to occur by May, 1995. USEPA actually

developed CTG for only two of the 13 source categories:

the synthetic chemical manufacturing industry (SOCMI)

and reactors and distillation categories. Thus, USEPA

did not develop CTG for 11 source categories.

The Agency submitted the R93-9 amendments for

federal approval on October 21, 1993 and the R93-14

amendments on March 4, 1994. Dubbed by USEPA as

the "catch-up" rules, they were intended to satisfy the

non-CTG source requirements of section 182(b)(2) of the

CAA. USEPA noted, however, that the submittal did not

include the requirements for those 11 non-CTG sources

for which USEPA was required to develop, but had not

yet developed, a CTG. Thus, USEPA noted that Illinois

must still develop and gain approval for RACT

requirements for those 11 categories.

Significantly, USEPA recounted the SIP approvals for

the Chicago area RACT regulations and concluded that

the approvals have now superseded the FIP. USEPA

stated that the approval of January 26, which becomes

effective together with some of the Part 218 rules on

September 9, 1994 (59 Fed. Reg. 46562), now replaces

the FIP as the federally-enforceable rules for the area,

with two exceptions: (1) the FIP remains operative until

the SIP approval becomes effective (March 26, 1996,

unless USEPA formally withdraws the approval before

that time); and (2) the federal stay or federal site-specific

rule remains effective as to those individual sources that

obtained relief from USEPA from the FIP.

(Editor's Note: As of November 30, 1995, the

following groups of Chicago-area companies had

obtained stays or site-specific relief from USEPA that

was still codified at 40 CFR 52.741(z): (1) Riverside

Laboratories, Inc., members of the Printing Industries

Association of Illinois/Indiana, R.R. Donnelley & Sons

Co., General Motors Corp., Reynolds Metals Co., Stepan

Co., and Duo-Fast Corp. (60-day stay until August 30,

1991); and (2) Duo-Fast Corp. and Stepan Chemical Co.

(indefinite stay pending reconsideration.)

P

P

roposed Amended NPDES Permit Application

Forms

U.S. EPA proposed amendment of the existing

NPDES permit application forms on December 6, 1995

(60 Fed. Reg. 62546). U.S. EPA stated that it proposed

amendment of the existing forms to make it easier for

permit applicants to submit required information and for

permitting authorities (the states) to review that

information. The new form 2A and accompanying

regulations would replace existing form A and Short

Form A to account for changes in the NPDES program

since they were devised in 1973. Form 2A would also

consolidate information on toxics monitoring, whole

effluent toxicity testing, pretreatment facility and

hazardous waste contributions, and combined sewer

overflows. A new proposed form 2S would replace the

existing Interim Sewage Sludge application form.

Significant among the proposed accompanying amended

regulations would be requirements for whole effluent

toxicity testing and testing sewage sludge for the priority

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ENVIRONMENTAL REGISTER No. 501

February, 1996

4

pollutants. U.S. EPA estimated that the use of the new

forms would reduce the average estimated annual

paperwork burden on permitted facilities by about ten

percent, or about 9,000 hours, by making it easier for

facilities to submit the information and by reducing

follow-up requests for additional information.

N

N

otice of Approved State Acid Rain Programs

On December 7, 1995 (60 Fed. Reg. 62846), 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 (NO

x

) and sulfur dioxide

(SO

2

)) 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.

U.S. EPA grouped the states into three categories: A,

B, and C, indicating the status of each state's program.

Category A states have approved Title V permit

programs sufficient for issuing Phase II acid rain permits.

Category B states do not yet have final approval of their

Title V permit programs, but which have sufficient

authority to perform permit review up to the point of

issuance of draft permits. U.S. EPA anticipates granting

final approval of Category B Title V permit programs

some time in 1996. Category C states do not have

approved Title V permit programs and lack sufficient

authority for permitting because they lack adequate Title

V permit and acid rain regulations or because U.S. EPA

has rejected their Title V programs. U.S. EPA will issue

the initial permits in states not approved (Category A) by

January 1, 1997.

The states (or portions of states) and their plan

approval categories (by U.S. EPA region) are as follows:

Region I:

Category A: None

Category B: Massachusetts*, New Hampshire,

Rhode Island*, and Vermont*

Category C: Connecticut and Maine

Region II:

Category A: None

Category B: New Jersey*

Category C: New York

Region III:

Category A: West Virginia

Category B: Delaware, Maryland,

Pennsylvania, and Washington DC

Category C: Virginia

Region IV:

Category A: Florida* and South Carolina*

Category B: Alabama* (including Huntsville

and Jefferson County), Georgia,

Kentucky (including Jefferson*

County), Mississippi, North

Carolina (including western), and

Tennessee* (including

Chattanooga-Hamilton, Knox,

Memphis-Shelby*, and Nashville-

Davidson Counties)

Category C: None

Region V:

Category A: Illinois, Indiana*, Minnesota*, and

Wisconsin*

Category B: Michigan* and Ohio

Category C: None

Region VI:

Category A: Arkansas, Louisiana, and New

Mexico* (including Albequerque)

Category B: Oklahoma and Texas*

Category C: None

Region VII:

Category A: Iowa and Nebraska (including

Lincoln-Lancaster* and Omaha*-

Douglas Counties)

Category B: Kansas and Missouri

Category C: None

Region VIII:

Category A: North Dakota*, South Dakota*,

and Utah

Category B: Colorado*, Montana, and

Wyoming

Category C: None

Region IX:

Category A: California (Bay Area, Imperial

County*, Monterey Bay, and North

Coast*) and Nevada (Clark

County)

Category B: Arizona (including Maricoupa*,

Pima, and Pinal Counties),

California (Mojave Desert* and

San Diego* and San Luis Obispo*

Counties, South Coast*, and

Ventura County*), and Nevada*

Category C: None

Region X:

Category A: Oregon, Washington (including

Northwest, Olympic, Puget Sound,

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February, 1996

ENVIRONMENTAL REGISTER No. 501

5

Southwest, Spokane, Benton-

Franklin, and Yakima)

Category B: Idaho*

Category C: None

U.S. EPA last published a listing of states that had

submitted acceptable acid rain programs on October 11,

1995 (60 Fed. Reg. 52911). (See issue 498, Nov., 1995.)

The states (and areas within states) indicated in that

listing are indicated above by an asterisk (*).

N

N

ew Model CERCLA De Minimis Contributor

Consent Decree

On December 7, 1995 (60 Fed. Reg. 62849), U.S.

EPA published revised

de minimis

contributor model

consent decrees for use in cost recovery actions under the

federal Comprehensive Environmental Response,

Compensation and Liability Act (CERCLA; 42 U.S.C.

§§ 9601

et seq.

) These new models, one a judicial

consent decree and the other an administrative consent

order, supersede the interim model published on October

19, 1987 (52 Fed. Reg. 43393). U.S. EPA stated that the

new models represented its latest thinking on CERCLA

section 122(g)(1)(A)

de minimis

contributor settlements,

to be used by Department of Justice and U.S. EPA in

negotiating these agreements. U.S. EPA stated that it

developed the models based on current practices in the

hope of bringing about increased fairness and national

uniformity and streamlined review and approval in the

settlements.

N

N

ESHAPs for Wood Furniture Manufacturing

Operations

On December 7, 1995 (60 Fed. Reg. 62930), U.S.

EPA adopted national emission standards for hazardous

air pollutants (NESHAPs) for the Wood Furniture

Manufacturing Operations source category. The

regulations of new 40 CFR 63, subpart JJ establish

hazardous air pollutant (HAP) emissions standards for

major new and existing sources based on the maximum

achievable control technology (MACT). U.S. EPA stated

that many facilities in this source category can emit more

than major source threshold of 25 tons per year (tpy) (23

megagrams per year (Mg/y)) of various HAPs, such as

toluene, xylene, methanol, methyl ethyl ketone, methyl

isobutyl ketone, glycol ethers, and formaldehyde. In

adopting the standards, U.S. EPA estimated that the

regulations would reduce the 32,795 tpy (29,759 Mg/y)

in HAP emissions from sources in this category by

workplace standards to reduce the amount of volatile

organic material (VOM)-containing materials. U.S. EPA

estimated that the cost of implementing the rules would

be about $15.3 million nationally, at an average rate of

$466 per ton ($513 per megagram) of HAP reduction.

D

D

elayed Compliance Deadline for Gasoline

Distribution NESHAP

On December 8, 1995 (60 Fed. Reg. 62991), U.S.

EPA adopted a partial delay in 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

adopted partial stay delays the compliance deadline by

three months, until March 7, 1996. U.S. EPA stated that

it is considering the further delay described in its

November 7, 1995 (60 Fed. Reg. 56133) proposed

amendments, which was until the later of December 14,

1996 or one year after the source first becomes subject to

the NESHAP. In the proposal, U.S. EPA also stated that

it would amend the deadline by which sources subject to

the NESHAP must implement leak controls to December

14, 1997.

(See issue 499, Dec., 1995.)

In adopting the partial stay, U.S. EPA explained that

it adopted two mechanisms in the original rule 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 sources.

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, as described on November 7, 1995,

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 in adopting the partial stay that it did

so due to grounds for reconsideration that arose after the

public comment period. The open issues related to the

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ENVIRONMENTAL REGISTER No. 501

February, 1996

6

timing of potential to emit limitations, the acceptable

methods for limiting the potential to emit, and the scope

of the emissions equations. In adopting the partial stay,

U.S. EPA stated that it will complete its reconsideration

of the NESHAP compliance deadline prior to the

expiration of the partial stay. The partial stay affects all

existing sources in the gasoline distribution (Stage I)

category. U.S. EPA stated in its November 7 proposal

that it would delay the effective date 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: The federal NESHAPs are directly

enforceable in Illinois, so no Board action is necessary

to make them applicable as a matter of Illinois law.)

P

P

ublic Participation Procedures for Hazardous

Waste Permitting

On December 11, 1995 (60 Fed. Reg. 63417), U.S.

EPA adopted amendments to the RCRA Subtitle C

hazardous waste permitting procedural regulations. U.S.

EPA explained that the amendments, effective June 11,

1996, will improve the hazardous waste program by

providing earlier opportunities for public involvement

and expanded access to information throughout the

permitting process and the operational life of the facility.

Although the new rules will apply to every facility, U.S.

EPA explained that they will not require facilities already

involved in the process of obtaining a permit to step back

in the process to apply the amended procedures at prior

stages. Rather, the rules will apply forward from the

stage in which the facility presently finds itself. The

amendments will not become effective in authorized

states until adopted by the state.

There are a handful of requirements that the

amendments will impose on the permit applicant. First,

an applicant must hold an informal public meeting before

it submits its permit application. The applicant will be

required to give public notice of the meeting by

newspaper advertisement, by broadcast announcement,

and by a sign posted at or near the subject facility. The

rules will require the permitting authority to give mailed

direct notice to interested persons of the filing of the

permit application, indicating where they can review the

application as the authority reviews it. Where the

permitting authority feels the level of public participation

warrants, it can require the permit applicant to set up, at

any time during the pendency of the permit application

or the operational life of the facility, an information

repository including whatever information the authority

deems appropriate to accommodate the level of public

inquiry. Finally, hazardous waste combustion facilities,

such as hazardous waste incinerators, will be required to

give advanced public notice before they conduct trial

burns.

As proposed on June 2, 1994 (59 Fed. Reg. 28680),

U.S. EPA contemplated RCRA Subtitle C permitting

amendments relating to hazardous waste combustion

facilities and amendments relating to public participation

in the permitting process. U.S. EPA adopted the public

participation segments that it intended; it did not yet

finalize the combustion process permitting aspects of the

proposed amendments. U.S. EPA explained that in its

effort to promote both greater flexibility for the permit-

writing authority and enhanced public access to the

process, it chose to rely on guidance rather than

regulatory text in many instances.

(Editor's Note: These federal amendments are within

the time-frame of the presently-reserved R96-10 RCRA

Subtitle C Update docket. The Board will initiate a

proposal for public comment in this docket some time in

the next few months that will include any necessary

amendments of the Illinois hazardous waste permit rules

prompted by this federal action.)

C

C

ERCLA Enforcement Against Lenders and

Governmental Entities That Acquire Property

Involuntarily

On December 11, 1995 (60 Fed. Reg. 63517), U.S.

EPA announced its intent to apply the "lender liability

rule" as federal guidance as an enforcement policy. U.S.

EPA adopted the lender liability rule amendments to 40

CFR 300 on April 29, 1992 (57 Fed. Reg. 18344) as a

regulation. They governed the liability of governmental

and lender property owners that acquired title to property

involuntarily, such as through mortgage foreclosure or

for nonpayment of taxes. The court of appeals vacated

the rules in 1994, in

Kelley v. EPA

, 15 F.3d 1100 (DC

Cir.),

reh'g denied sub nom. American Bankers Ass'n v.

Kelly

, 25 F.3d 1088 (DC Cir. 1994),

cert. denied

, -- U.S.

--, 115 S. Ct. 900 (1995). As a policy memorandum, the

application as guidance will guide U.S. EPA and U.S.

DOJ in the exercise of their enforcement discretion under

CERCLA.

When it adopted the rule, U.S. EPA attempted to

clarify Sections 101(20)(D) and 101(35)(A) of CERCLA,

which define "owner or operator" and "contractual

relationship". U.S. EPA stated that neither the statute

nor the case law provided sufficient explanation of when

a property transfer was involuntary. By the rule, U.S.

EPA attempted to add the definiteness it perceived

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February, 1996

ENVIRONMENTAL REGISTER No. 501

7

necessary. The

Kelley

court vacated the rule as beyond

U.S. EPA's authority to adopt as a binding regulation. In

adopting the rule as a policy memorandum, U.S. EPA

noted that nothing in the

Kelley

opinion precluded it and

the DOJ from pursuing the rule as an enforcement policy.

A

A

nnouncement of XL Community Pilot Program

On December 12, 1995 (60 Fed. Reg. 63711), U.S.

EPA announced the XL community pilot program, a pilot

project intended to allow greater regulatory flexibility for

local governments, communities, states, federally-

recognized tribes, and others. The project would allow

regulated entities to develop and demonstrate alternative

strategies that would replace existing regulatory

requirements if they can produce greater environmental

benefits than the requirements they would replace. This

is the second segment of an initiative to develop

innovative alternatives to the present command-and-

control system of environmental regulation and

management.

U.S. EPA undertook the first segment of this program

by a notice that appeared in the

Federal Register

on May

23, 1995 (60 Fed. Reg. 27282). The three pilot projects

in the first segment invited proposals on three pilot

projects related to the XL program for facilities, the

industry-wide or sector-based XL program, and an XL

program for regulated government facilities. These

proposals respond to a March 16, 1995 Presidential

announcement contained in "Reinventing Environmental

Regulation". U.S. EPA's goal is to implement 50 projects

in the four XL program areas.

(See issue 495, June,

1995.)

For each project, the regulated entities will receive

greater regulatory flexibility in exchange for a

commitment to achieve greater environmental benefits by

the alternative means. U.S. EPA intends to implement

these projects in conjunction with the states. It stated

that it will evaluate proposals based on environmental

results, costs savings and paperwork reduction,

stakeholder (interested local persons) support, innovation

and multimedia pollution prevention, transferability (into

U.S. EPA programs or to other industries), feasibility,

monitoring and reporting, and its shifting of the burdens

of risk.

P

P

roposed NESHAPs Amendments to Not Require

CAAA Title V Permits of All Sources

On December 13, 1995 (60 Fed. Reg. 64002), U.S.

EPA proposed amendments that would not require Clean

Air Act Amendments (CAAA) Title V permits for all

sources to which several source categories of national

emission standards for hazardous air pollutants

(NESHAPs) apply. The source categories included were

those applicable to chrome electroplating, ethylene oxide

fumigation, and perchloroethylene dry cleaning (40 CFR

63, subparts N, O, and M. The sources will still be

required to meet the substantive maximum available

control technology (MACT) standards of the regulations,

but U.S. EPA intended to reduce the paperwork burden of

permit processing for the states. Accompanying

amendments to the NESHAP for secondary lead smelters

(40 CFR 63, subpart X) would clarify that the Title V

permit requirements would still apply to those sources.

(Editor's Note: The federal NESHAPs are directly

enforceable in Illinois, so no Board action is necessary

to make them applicable as a matter of Illinois law.)

N

N

ESHAPs for Shipbuilding and Ship Repair

Facilities

On December 15, 1995 (60 Fed. Reg. 64330), U.S.

EPA adopted national emission standards for hazardous

air pollutants (NESHAPs) for the Shipbuilding and Ship

Repair (Surface Coating) Operations source category.

The regulations establish hazardous air pollutant (HAP)

emissions standards for major new sources based on the

maximum achievable control technology (MACT). In

adopting the standards, U.S. EPA estimated that the

regulations would reduce the 920 tons (837 megagrams)

in baseline emissions of HAPs from sources in this

category by 350 tons (318.5 megagrams) per year, or by

about 24 percent. U.S. EPA estimated that the cost of

implementing the rules would be about $2 million

nationally beyond baseline.

S

S

tationary Source Performance Standards for

Municipal Waste Combusters

On December 19, 1995 (60 Fed. Reg. 65387), U.S.

EPA added standards of performance for new municipal

waste combustor (MWC) units and emission guidelines

for existing MWCs. The standards and guidelines apply

to MWCs that have a capacity to combust 35 megagrams

per day (about 40 tons per day) of municipal solid waste.

They include standards for MWC organics (dioxins and

furans), MWC metals (cadmium, lead, mercury,

particulate matter, and opacity), MWC acid gasses

(hydrogen chloride and sulfur dioxide), nitrogen oxides,

and MWC fugitive ash emissions. They also include

MWC operating practices (carbon monoxide, load, flue

gas temperature at the particulate matter control device

inlet, and operator training and certification)

requirements. For new MWC facilities, the standards

require a siting analysis and materials separation plan.

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ENVIRONMENTAL REGISTER No. 501

February, 1996

8

Simultaneous with adopting the new regulations, U.S.

EPA published a direct final rule (60 Fed. Reg. 65382,

with associated notice of proposed amendments at 65437)

that will amend the rules to clarify certain of the

provisions.

U.S. EPA also published its reasons for not

prohibiting the combustion of lead-acid batteries in

MWCs (60 Fed. Reg. 65438). U.S. EPA determined,

when it adopted the original MWC regulations in 1991,

that it was unnecessary to impose a prohibition because

control of lead emissions could be achieved by other

regulatory means. This decision was challenged in court,

in

NRDC v. Reilly

, 963 F.2d 1147 (DC Cir. 1992), and

the result was a remand for further elaboration of U.S.

EPA's reasons for not imposing a prohibition. U.S. EPA

stated in reaffirming its decision that due to the high rate

of recycling of lead-acid batteries (about 95%), the free

availability of outlets for tendering used batteries for

recycling, the existence of battery recycling laws in 37

states, the estimated appearance of one battery in every

340 to 790 tons of waste sent to landfills, batteries'

contribution of lead to municipal solid waste is very

slight in relation to other sources of lead, at about 3

percent to 16 percent of the total.

P

P

roposed Hazardous Waste Ide

ntification Rule

On December 21, 1995 (60 Fed. Reg. 66344), U.S.

EPA proposed amendments to the rules for identification

of hazardous waste that would exclude certain listed

hazardous waste and wastes derived from or mixed with

listed waste from regulation under RCRA Subtitle C.

Accompanying these proposed risk-based amendments,

called the Hazardous Waste Identification Rule, were

proposed amendments to the hazardous waste land

disposal restrictions of 40 CFR 268 and a tentative

response to a petition for rulemaking filed by the

Chemical Manufacturers Association.

Under the new Hazardous Waste Identification Rule,

a listed waste or a waste that is mixed with or derived

from a listed hazardous waste ("mixtures and derived-

from rule" waste; all so-called "Subpart D" wastes) would

be no longer subject to regulation as hazardous waste if it

meets certain requirements. First, the waste must have

no hazardous constituents in concentrations above a new

"exit level". Second, the waste must exhibit no

characteristic of hazardous waste (so-called "Subpart C"

waste). U.S. EPA stated that it set the risk-based exit

levels to assure low risk to human health and the

environment through management of the waste outside

the RCRA Subtitle C regulations. As a result of this

constituent-specific analysis, U.S. EPA proposed land

disposal restriction (LDR) levels for constituents formerly

not assigned an LDR level. U.S. EPA further said that it

intends to propose amendments in the future that would

similarly apply to contaminated media from corrective

actions.

Under the regulations that have existed since the

inception of hazardous waste regulation (May 19, 1980,

45 Fed. Reg. 33066), a Subpart D waste, any mixture

containing Subpart D waste, and any material derived

from Subpart D waste always remained a hazardous

waste, without regard to whether it exhibited any

characteristic of hazardous waste. That rule, in a

somewhat tortured history, was several times the subject

of litigation in the federal courts. One of the challenges,

Environmental Technology Council v. Browner

, No. 94-

2119 (D.D.C. May 3, 1993) resulted in a settlement

agreement in which U.S. EPA committed to propose the

present amendments.

F

F

ederal Voluntary Cleanup Initiative Policy

On December 22, 1995 (60 Fed. Reg. 66706), U.S.

EPA issued a final policy statement to encourage

regulated entities to voluntarily discover, disclose, and

correct environmental violations. In the policy, U.S.

EPA offers incentives for regulated entities to engage in

prompt reporting and voluntary corrective action,

including the elimination or substantial reduction of civil

penalties and not recommending cases for criminal

prosecution. U.S. EPA stated that it developed the policy

in conjunction with the U.S. Department of Justice,

states, public interest groups, and the regulated

community.

(Editor's Note: The State of Illinois operates a

similar program through the Illinois EPA, in cooperation

with the Department of Commerce and Community

Affairs (DCCA). The program, called the "Clean Break"

program, is specifically oriented towards aiding small

businesses achieve compliance. See issue 500, Jan.,

1996.)

A

A

lternative Fuel/Clean-Fuel Vehicle Amendments

On January 2, 1996 (61 Fed. Reg. 122), USEPA

adopted a direct final rule intended to clarify and

streamline certain requirements of its clean-fuel and

alternative fuel vehicles. Anticipating expansion of the

alternative fuel vehicle industry over the next few years,

USEPA temporarily reduced the certification burden for

aftermarket vehicle converters, to aid those entities in

recovering their certification costs. The amendments

allow small-volume manufacturers (selling fewer than

10,000 vehicles per year) to use USEPA-assigned

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February, 1996

ENVIRONMENTAL REGISTER No. 501

9

emission deterioration values, rather than requiring the

manufacturer to accumulate mileage on prototype

vehicles, through model year 2000. Accompanying

amendments include additional options for inherently

low-emission vehicle (ILEV) external label dimensions.

Another two amendments to the California Pilot Program

change the method for determining a manufacturer's

clean-fuel vehicle sales quota and the method of

administering credits, in order to reduce the paperwork

burden on the manufacturer. Finally, USEPA made

technical amendments to its Clean Fuel Fleet Program

and California Pilot Program. The associated notice of

proposed amendments simultaneously appeared at 61

Fed. Reg. 140.

In a final regulation appearing on the same day,

January 2, 1996 (61 Fed. Reg. 129), USEPA made

additional amendments to its clean-fuel vehicle

regulations. It withdrew a 10,000-vehicle sales limit

imposed on small-volume manufacturers seeking

certification of their conversion configurations. USEPA

withdrew the limit, adopted by a direct final rule dated

September 30, 1994 (59 Fed. Reg. 50042), because it

received adverse public comment within the comment

period of that rule.

A

A

mendments to Phase-Out of Ozone-Depleting

Chemicals

On January 19, 1996 (61 Fed. Reg. 1284), USEPA

published a final listing of the global warming potentials

of class I and class II controlled ozone-depleting

substances. USEPA published the potentials, citing the

early 1995 United Nations Environment Programme

(UNEP) document, "Scientific Assessment of Ozone

Depletion: 1994", pursuant to section 602(e) of the

Clean Air Act (CAA; 42 U.S.C. § 7671a(e)). Section

602(e) required USEPA to adopt a list of Class I and

Class II ozone-depleting substances, together with their

GWPs, consistent with the Montreal Protocol. USEPA

stated that it relied on three principal documents in

deriving the list: the 1995 UNEP document, a 1995

document from the Intergovernmental Panel on Climate

Change, "Radiative Forcing of Climate Change and An

Evaluation of the IPCC IS92 Emission Scenarios", and

an article from the Journal of Geophysical Research, "On

the Evaluation of Halocarbon Radiative Forcing and

Global Warming Potentials".

USEPA adopted the listing of global warming

potentials (GWPs) based on an October 6, 1995 (60 Fed.

Reg. 52357) proposal. (See memo of November 2, 1995.)

Included in the 40 CFR 82, Subpart A, Appendix I list

are GWPs for 16 Class I and Class II ozone-depleting

substances. USEPA proposed the list, as to pursuant to

its mandate under Section 602(e) of the Clean Air Act, as

amended in 1990. 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. USEPA

explained that the first two of these factors are technical,

and the third is based on the interests of the users of the

compound. USEPA stated that these synthetic

compounds in the atmosphere (and other natural ones,

like carbon dioxide and water vapor) absorb infrared

radiation emitted by the Earth and prevent its emission

into space, thus trapping heat. USEPA noted that

Section 602(e) of the Clean Air Act requires that the

listing of GWPs "not be construed to be the basis of any

additional regulations".

The 16 class I and class II controlled substances

included six chlorofluorocarbons (CFC-11, CFC-12,

CFC-13, CFC-113, CFC-114, and CFC-115), one halon

(H-1301), two chlorinated compounds (carbon tetra-

chloride and methyl chloride), and seven hydrochloro-

fluorocarbons (HCFC-22, HCFC-141b, HCFC-142b,

HCFC-123, HCFC-124, HCFC-225ca, and HCFC-

225cb). Under December 10 and 30, 1993 (58 Fed. Reg.

65081 and 69235) regulations for phase out of ozone-

depleting substances, amended on May 10, 1995 (60 Fed.

Reg. 24970), chlorofluorocarbon (CFC), carbon

tetrachloride, methyl chloroform, and hydrobromofluoro-

carbon production (collectively, class I substances) was to

be phased out by January 1, 1996, and halon (tetrafluoro-

ethylene polymer) production was to have been phased

out January 1, 1994. The regulations allow for limited

exemptions from the phase-out bans. Under the phase-

out rules for class I substances, the conditions pertaining

to allowable production are as follows: they are either

transformed or destroyed, the controlled substance is

exported to article 5 (developing) countries, or it is

produced for essential uses consistent with essential use

allowances. The conditions for allowable import of the

substances are as follows: they are either transformed or

destroyed, they are previously used (including recycled

and reclaimed), they are imported for essential uses

consistent with essential use allowances, they are

transshipped to another signatory to the Montreal

Protocol, or they are imported using destruction and

transformation credits. The hydrochlorofluorocarbons

(HCFCs) are class II substances, not class I substances.

Thus, they are not the subject of the production bans.

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ENVIRONMENTAL REGISTER No. 501

February, 1996

10

(Editor's Note: In the present Illinois Section

211.7150 and federal 40 CFR 51.100(s) definition of

VOM, the following exempt compounds are class I

compounds (subject to 1996 phase-out and for which

GWPs were set forth):

1,1,1-trichloroethane (methyl chloroform)

1,1,1-trichloro-2,2,2-trifluoroethane (CFC-113)

trichlorofluoromethane (CFC-11)

dichlorodifluoromethane (CFC-12)

chlorodifluoromethane (HCFC-22)

1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-

114)

and chloropentafluoroethane (CFC-115)

In those definitions, the following VOM-exempted

compounds are class II compounds (not subject to 1996

phase-out but for which USEPA published GWPs):

1,1,1-trifluoro-2,2-dichloroethane (HCFC-123)

1,1-dichloro-1-fluoroethane (HCFC-141b)

1-chloro-1,1-difluoroethane (HCFC-142b)

and 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-

124)

The following VOM-exempted compounds set forth in

those definitions are also class II compounds (not subject

to 1996 phase-out and for which USEPA did not publish

a GWPs):

1,1,1,2-tetrafluoroethane (HFC-134a)

pentafluoroethane (HFC-125)

1,1,2,2-tetrafluoroethane (HFC-134)

1,1,1-trifluoroethane (HFC-143a)

and 1,1-difluoroethane (HFC-152a)

The following two compounds are exempt from the

definition and are not subject to the Montreal Protocol:

methylene chloride (dichloromethane)

and trifluoromethane (HFC-23)

The phase-out on the production and importation of

many of the exempted compounds will greatly curtail use

of these substances. However, residual use will continue

because there are exempted uses and the Protocol

directly affects production and importation, not use.

P

P

roposed Nitrogen Oxides Emissions Limitations

On January 19, 1996 (61 Fed. Reg. 1442), USEPA

proposed amendments to the nitrogen oxides (NO

x

)

emissions regulations to lower emissions of this pollutant

from coal-fired boilers. The proposed amendments

would lower the existing emission limits for all Phase I

and Phase II dry bottom wall-fired and tangentially-fired

coal-burning boilers (Group 1). It would further

establish new limitations for other types of Phase II coal-

fired boilers, such as cyclones, cell burners, wet-bottom

burners, vertically-fired boilers, and fluidized-bed

combusters. USEPA estimates emissions annualized

reductions from the lowered Group 1 emissions of about

1.54 million tons of NO

x

by 2000 through the

amendments, at an average cost of $208 per ton removed.

It further estimated an additional 820,000 tons reduced

from Phase II units, at an annualized cost of $172 per ton

removed. In proposing the regulation, USEPA stated

that NO

x

is the conventional air pollutant (sulfur dioxide,

ozone, nitrogen oxides, particulates, and to actually

increase in output since passage of the Clean Air Act

(CAA) in 1970, with a seven percent increase in

emissions nationwide.

USEPA adopted the NO

x

emission limitations on

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

x

burner technology or an AEL for those units that could

not achieve the limitations using low NO

x

burner

technology. The court vacated the rule and remanded it

to USEPA in

Alabama Power Co. v. EPA

, 40 F.3d 450

(DC Cir. 1994), holding that USEPA had exceeded its

statutory authority in adopting the rule. On April 13,

1995 (60 Fed. Reg. 18751), USEPA adopted a direct final

rule that reinstated amended nitrogen oxides (NO

x

)

emission limitations on coal-fired utility units in response

to the remand, in order to cure defects in the rules cited

by the court.

(See issue 495, May, 1995.)

N

N

otice to Secretary of Agriculture re Restricted Sale

of Certain Pesticides

On January 24, 1996 (61 Fed. Reg. 1884), USEPA

gave the Secretary of Agriculture a 60-day notice of its

intent to propose sale restrictions on certain pesticides.

Section 25(a)(2)(A) of the Federal Insecticide, Fungicide,

and Rodenticide Act (FIFRA; 7 U.S.C. § 136w(a)(2)(A))

requires USEPA to give the Secretary of Agriculture at

least 60 days of advanced notice before it submits such a

proposed action for publication in the

Federal Register

.

USEPA stated that it is considering proposing

restrictions on the use and sale of five pesticides,

atrazine, simazine, cyanazine, alachlor, and metolachlor

through the use of State Management Plans due to their

potential for contaminating groundwater. USEPA also

sent copies of the prospective proposed rules to the

designated House and Senate committees and to the

Scientific Advisory Panel as also required by FIFRA.

(Editor's Note: Alachlor, atrazine, and simazine are

all regulated drinking water contaminants, for which

USEPA has established a maximum contaminant level

(MCL) under the national primary drinking water

standards. Metolachlor is an unregulated contaminant,

in that USEPA has not established an MCL for it, but

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February, 1996

ENVIRONMENTAL REGISTER No. 501

11

USEPA does require drinking water suppliers to monitor

for it.)

S

S

upplemental Proposed Rule Regarding Mining and

Mineral Processing Wastes

On January 25, 1996 (61 Fed. Reg. 2338), USEPA

proposed supplemental amendments to the proposed

Phase IV land disposal restrictions. These supplemental

amendments pertain to mining and mineral processing

wastes. Among other things, the supplemental proposed

amendments would clarify the existing Bevill exclusion

for mining wastes, revise the definition of hazardous

waste as it applies to mineral processing wastes, and

impose treatment standards for mineral processing

wastes. USEPA stated that it hopes to encourage sound

recycling of the affected wastes and to ensure their proper

treatment and disposal. To obtain an exclusion from the

definition of waste, management of the affected materials

must meet certain conditions, such as legitimate

recycling, short storage periods, and cause no

environmental contamination. Mineral processing

secondary materials would also fall under the regulations

and be excluded under certain conditions. Further,

USEPA is proposing the use of the toxicity characteristic

test (TCLP) for determining whether the process wastes

exhibit the characteristic of toxicity. The amendments

would also exclude recycled scrap metal and shredded

circuit boards from RCRA Subtitle C regulation.

N

N

O

x

Exemption for Lake Michigan States (Illinois,

Indiana, Michigan, and Wisconsin)

On January 26, 1996 (61 Fed. Reg. 2428) USEPA

granted a Clean Air Act (CAA) § 182(f) exemption from

the reasonably available control technology (RACT), new

source review (NSR), vehicle inspection and maintenance

(I/M), and conformity requirements for nitrogen oxides

(NO

x

). The covered area includes portions of Illinois,

Indiana, Michigan, and Wisconsin that bound Lake

Michigan. Generally, the NO

x

requirements apply in

ozone nonattainment areas. The NSR, RACT, I/M, and

conformity requirements apply to major stationary

sources of NO

x

in these areas.

The July 13, 1994 petition by the Lake Michigan Air

Directors Consortium, on behalf of the four states,

requested relief from the § 182 NO

x

requirements in the

Lake Michigan Ozone Study modeling domain. The

Chicago Metropolitan Statistical Area was included in

the petition area. § 182(f) allows an exemption from the

RACT and NSR requirements if USEPA determines

either that air quality benefits are actually greater without

further NO

x

reductions or that further reductions would

not contribute to attainment of the national ambient air

quality standard (NAAQS) for ozone.

The petition disclosed that Chicago, Grand Rapids,

Milwaukee, and other areas included are affected by

ozone transported into the area from outside. USEPA

attributed 80 to 100 parts per billion (ppb) of ozone to

those extrinsic sources. That, combined with downwind

transfer of ozone precursors makes the broader area's

ozone problem a regional problem that requires a

regional solution. The Urban Airshed Model (UAM-V)

was used to project anticipated 1996 and 2007 emissions

levels to test whether VOC-plus-NO

x

controls, VOC-only

controls, or NO

x

-only controls resulted in the least ozone

peak concentrations above the 120 ppb NAAQS.

(Controls assumed a 40 percent reduction in the pollutant

of concern.) The VOC-only controls indicated the

smallest area with peak ozone concentrations above 120

ppb. USEPA further concluded that NO

x

point source

growth would not exacerbate the area's ozone problems.

USEPA approved the petition filed by the four states

based on its conclusion that further NO

x

reductions

would not contribute to attainment of the NAAQS for

ozone. Although the petition did not expressly request

relief from the I/M requirements with regard to NO

x

,

USEPA included that program in the approval. USEPA

views these approvals as subject to reversal in the event

further information so warrants (ie if further modeling

indicates a benefit for ozone attainment). USEPA stated

that the approval stopped the 24-month sanctions clocks

that were running for the states' failures to submit a

complete NO

x

RACT SIP submittal.

USEPA originally proposed granting the exemption

on March 6, 1995 (at 60 Fed. Reg. 12180).

(See issue

493, Apr., 1995.)

USEPA received several comments in

response to the proposal. After evaluation of the

comments, USEPA concluded that the comments did not

warrant revision of the exemption as proposed. The

approval as to Illinois is now codified as 40 CFR

52.726(k).

D

D

eadline Extended for Filing Facility TRI Reports

On January 29, 1996 (61 Fed. Reg. 2722), USEPA

extended the deadline for filing facility toxic release in-

ventory (TRI) reports. The new deadline for calendar

year 1995 releases is August 1, 1996. Normally the re-

ports are due July 1 of each year for the preceding calen-

dar year. USEPA explained that it was unavoidably de-

layed in preparing and distributing the reporting pack-

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ENVIRONMENTAL REGISTER No. 501

February, 1996

12

age, so it extended the deadline by a month to allow ade-

quate time for full and accurate reporting.

---

ENVIRONMENTAL REGISTER No. 501

February, 1996

INAL ACTIONS - JANUARY 4, 1996 BOARD

MEETING

94-157

Community Trust Bank (Wilson’s Service

Center) v. EPA - The Board granted voluntary dismissal

of this underground storage tank fund reimbursement

determination appeal involving a Marion County facility.

94-332

Western Lion Limited v. EPA - The Board

granted voluntary withdrawal of this land permit appeal

involving a Marion County facility.

96-87

Dwight - #17 v. EPA - Having previously

granted a request for a 90-day extension of time to file,

the Board dismissed this docket because no underground

storage tank fund reimbursement determination appeal

was timely filed on behalf of this Livingston County

facility.

96-89

Gilbert & Bennett Manufacturing Company v.

EPA - Having previously granted a request for a 90-day

extension of time to file, the Board dismissed this docket

because no RCRA permit appeal was timely filed on

behalf of this Cook County facility. Board Member M.

McFawn abstained.

96-96

General Electric Control Products v. EPA -

Having previously granted a request for a 90-day

extension of time to file, the Board dismissed this docket

because no water permit appeal was timely filed on

behalf of this Whiteside County facility.

96-120

People of the State of Illinois v. Dealers Ready

Mix Company, d/b/a Frams Material Corporation - The

Board accepted a stipulation and settlement agreement in

this air and mine pollution enforcement action against a

McHenry County facility, ordered the respondent to pay a

civil penalty of $5,000.00, and ordered it to cease and

desist from further violation. Board Member J. Theodore

Meyer dissented.

96-150

Envirite Corporation v. EPA - Upon receipt of

an Agency recommendation, the Board granted a 30-day

extension of the ninety 90-day limitation on the

accumulation of hazardous waste at this Cook County

facility.

AC 95-6

EPA v. A-Reliable Auto Parts and Wreckers,

Inc., a/k/a Scrap Processors - Having previously found

that the Cook County respondent had violated Sections

21(p)(1) and 21(p)(3) of the Act, the Board ordered the

respondent to pay a civil penalty of $1,000.00 and

$650.51 in costs. Chairman C. A. Manning dissented.

AC 96-23

EPA v. Paul Bunyon and Charles Groszek -

The Board entered a default order, finding that the

Grundy County respondents had violated Section

21(p)(1) and 21(p)(3) of the Act and ordering them to

pay a civil penalty of $1,000.00.

AC 96-24

County of Jackson v. Randy McBride - The

Board entered a default order, finding that the Jackson

County respondent had violated Section 21(p)(1) of the

Act and ordering him to pay a civil penalty of $500.00.

AC 96-25

Will County v. RWS Development

Corporation - The Board entered a default order, finding

that the Will County respondent had violated Section

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

of $1500.00.

AS 96-2

In the Matter of: Petition of Western Lion

Limited for an Adjusted Standard From 35 Ill. Adm.

Code 814, Subpart C - The Board granted voluntary

withdrawal of this petition filed on behalf of a Coles

County facility for an adjusted standard from certain of

the land pollution control (landfill) regulations applicable

to chemical and putrescible waste landfills that will

remain open after September 18, 1997.

INAL ACTIONS - JANUARY 18, 1996 BOARD

MEETING

91-208

Ashland Chemical, Inc. v. EPA - The Board

granted voluntary withdrawal of this RCRA permit

appeal involving a Cook County facility.

94-274

People of the State of Illinois v. Chicago Steel

Rule Die and Fabricators Company - The Board accepted

a stipulation and settlement agreement in this air

enforcement action against a Cook County facility,

ordered the respondent to pay a civil penalty of

$25,000.00, and ordered it to cease and desist from

further violation.

95-165

Richard Buri v. Batavia Concrete, Inc. - The

Board granted the voluntary dismissal of this citizen's

RCRA, public water supply, and underground storage

tank enforcement action against a Kane County facility.

96-100

Florida Plastics International, Inc. v. EPA -

Having previously granted a request for a 90-day

extension of time to file, the Board dismissed this docket

F

F

F

F

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ENVIRONMENTAL REGISTER No. 501

February, 1996

14

because no air permit appeal was timely filed on behalf of

this Cook County facility.

96-159

General Electric Company, Inc. v. EPA - Upon

receipt of an Agency recommendation, the Board granted

this LaSalle County facility a 45-day provisional variance

from the total residual chlorine effluent requirements of

the water pollution control regulations, in order to allow

it to continue operating during a period of wastewater

treatment plant malfunction.

AC 96-20

EPA v. James O. Weir - The Board vacated its

default order of December 20, 1995 and granted

voluntary dismissal of this administrative citation against

a Rock Island facility upon the Agency's representation

that it had failed to timely serve a copy of the citation on

the respondent.

AC 96-26

EPA v. Richard Vaughn, d/b/a Richard’s Tire

Hauling - The Board entered a default order, finding that

this Hamilton County respondent had violated Section

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

penalty of $500.00.

AC 96-27

EPA v. Richard Vaughn, d/b/a Richard’s Tire

Hauling - The Board entered a default order, finding that

this Hamilton County respondent had violated Section

21(p)(1) and 21(p)(3) of the Act and ordering him to pay

a civil penalty of $1,000.00.

R81-19

In the Matter of: Proposed Site-Specific Water

Pollution Rules and Regulations Applicable to Citizens

Utilities Company of Illinois Discharge to Lily Cache

Creek -

See Rulemaking Update.

EW CASES - JANUARY 4, 1996 BOARD

MEETING

96-52

Kean Brothers, Inc. v. EPA - The Board granted

petitioner’s motion for reconsideration, reinstated this

docket, corrected the caption to accurately name the

parties, and accepted this underground storage tank

appeal involving a Cook County facility for hearing.

96-86

BFI Modern Landfill #1 and #2 v. EPA - Having

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

Board accepted this timely-filed petition for a land permit

appeal involving a St. Clair County facility for hearing.

96-92

Amoco Oil Company (Elmhurst Facility) v. EPA

- Having previously granted a 90-day extension of time to

file, the Board accepted this petition for an underground

storage tank appeal involving a DuPage County facility

for hearing.

96-134

Schilling Petroleum Company (Hi Horse Mobil)

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

time to file of time to file, the Board reserved this docket

for any underground storage tank fund determination

appeal that may be filed on behalf of this St. Clair County

facility.

96-135

Schilling Petroleum Company (Site

Classification Completion Report) v. EPA - Having

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

time to file, the Board reserved this docket for any

underground storage tank appeal that may be filed on

behalf of this St. Clair County facility.

96-136

People of the State of Illinois v. Steve Kulovsek,

d/b/a WSH Management Group, and d/b/a Kulovsek

Excavating - The Board received this air enforcement

action against a McHenry County facility for hearing.

96-137

People of the State of Illinois v. Kimball Hill,

Inc. - The Board received this water enforcement action

against a Lake County facility for hearing.

96-138

Stepan Company (Northfield Facility) v. EPA -

The Board accepted this underground storage tank appeal

involving a Cook County facility for hearing.

96-139

Village of Henderson v. EPA - Having received

a notice of 90-day extension of time to file of time to file,

the Board reserved this docket for any public water

supply permit appeal that may be filed on behalf of this

Knox County facility.

N

N

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February, 1996

ENVIRONMENTAL REGISTER No. 501

15

96-140

Nunda Water Utility Co., Inc. v. EPA - The

Board ordered the filing of an amended petition for a

variance from certain of the public water supply

regulations on behalf of this McHenry County facility.

96-141

Butterick Company v. EPA - Having received a

notice of 90-day extension of time to file 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.

96-142

People of the State of Illinois v. A. E. Staley

Manufacturing Company - The Board received this air

enforcement action against a Macon County facility for

hearing.

96-143

People of the State of Illinois v. Michel Grain

Company, Inc., d/b/a Michel Fertilizer and Carlyle

Michel - The Board received this water enforcement

action against a Jefferson County facility for hearing.

96-144

People of the State of Illinois v. Coastal Mart,

Inc. - The Board received this underground storage tank

enforcement action against a Morgan County facility for

hearing.

96-145

People of the State of Illinois v. Schmidt Bros.

Landscaping & Excavating, Inc. - The Board received

this air and land enforcement action against a Will

County facility for hearing.

96-146

Heritage Environmental Services, Inc. v. EPA -

The Board accepted this RCRA permit appeal involving a

Cook County facility for hearing.

96-147

People of the State of Illinois v. Illinois Cement

Company - Upon receipt of a proposed stipulation and

settlement agreement and an agreed motion to request

relief from the hearing requirement in this water

enforcement action against a LaSalle County facility, the

Board ordered publication of the required newspaper

notice.

96-148

People of the State of Illinois v. U.S.

Dismantlement Corporation - The Board received this air

enforcement action against a Cook County facility for

hearing.

96-149

People of the State of Illinois v. Wittridge

Builders - The Board received this air enforcement action

against a Cook County facility for hearing.

96-150

Envirite Corporation v. EPA -

See Final

Actions.

96-151

Keith F. Boyer v. Felecia Harris, a/k/a Felecia

Dawkins, and Chicagoland Mortgage Corporation - The

Board held this citizen's land enforcement action against

a Cook County facility for a frivolous and duplicitous

determination.

AC 96-32

County of Vermilion v. Illinois Landfill, Inc. -

The Board received an administrative citation against a

Vermilion County respondent.

AS 96-6

In the Matter of: Petition of Amoco Oil

Company for an Adjusted Standard From 35 Ill. Adm.

Code 721.Subpart D - The Board acknowledged receipt

of this petition for a hazardous waste delisting filed on

behalf of a Fulton County facility and held it pending

receipt of proof of publication.

EW CASES - JANUARY 18, 1996 BOARD

MEETING

96-152

Burlington Northern Railroad 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 Fulton County facility.

96-153

People of the State of Illinois v. MP Melrose

Park Associates, Ltd. - Upon receipt of a proposed

stipulation and settlement agreement and an agreed

motion to request relief from the hearing requirement in

this water and underground storage tank enforcement

action against a Cook County facility, the Board ordered

publication of the required newspaper notice.

96-154

Village of Oswego v. EPA - The Board held this

petition filed on behalf of a Kendall County facility for a

variance from the restricted status and standards for

issuance requirements of the public water supply

regulations, as they apply to combined radium content of

the petitioner's water, for an Agency recommendation.

96-155

West Suburban Recycling and Energy Center,

L.P. v. EPA - The Board on its own motion consolidated

this land permit appeal involving a Cook County facility

with the air permit appeal for the same facility, PCB 96-

156, and accepted them for hearing.

96-156

West Suburban Recycling and Energy Center,

L.P. v. EPA - The Board on its own motion consolidated

this air permit appeal involving a Cook County facility

N

N

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ENVIRONMENTAL REGISTER No. 501

February, 1996

16

with the land permit appeal for the same facility, PCB

96-155, and accepted them for hearing.

96-157

People of the State of Illinois v. City of Toluca -

The Board received this water enforcement action against

a Marshall County facility for hearing.

96-158

Frederick Cooper Lamps, Inc. v. EPA - Having

received a notice of 90-day extension of time to file 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.

96-159

General Electric Company, Inc. v. EPA -

See

Final Actions.

AC 96-33

EPA v. Stanley Thompson - The Board

received an administrative citation against a Kendall

County respondent.

R96-14

In the Matter of: Illinois Pollution control Board

Administrative Rules: Organization, Public Information

and Proceedings (2 Ill. Adm. Code 2175.10 through

2175.380) -

See Rulemaking Update.

R96-15

In the Matter of: Illinois Pollution control Board

Administrative Rules: Organization, Public Information

and Proceedings (2 Ill. Adm. Code 2175.100 through

2175.600) -

See Rulemaking Update.

CALENDAR OF HEARINGS

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

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

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

at 312- 814-6931.

February 1

10:30 a.m.

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

dolph St., Conference Room 9-040, Chicago

February 6

10:00 a.m.

R 96-13

R, Air

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

Adm. Code 218 and 219 - James R. Thompson Center, Suite 9-040, 100 West

Randolph Street, Chicago.

February 9

9:30 a.m.

PCB 95-119

P-A, Land

West Suburban Recycling and Energy Center v. EPA - James R. Thompson

Center, Suite 9-040, 100 West Randolph Street, Chicago. (Consolidated with

PCB 95-125.)

February 15

10:30 a.m.

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

dolph St., Conference Room 9-040, Chicago

February 15

10:00 a.m.

PCB 95-119

P-A, Land

West Suburban Recycling and Energy Center v. EPA - State of Illinois Building,

5th Floor, Room C-500, 160 North LaSalle Street, Chicago. (Consolidated with

PCB 95-125.)

February 16

10:00 a.m.

PCB 95-119

P-A, Land

West Suburban Recycling and Energy Center v. EPA - State of Illinois Building,

5th Floor, Room C-500, 160 North LaSalle Street, Chicago. (Consolidated with

PCB 95-125.)

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February, 1996

ENVIRONMENTAL REGISTER No. 501

17

February 20

9:30 a.m.

PCB 95-119

P-A, Land

West Suburban Recycling and Energy Center v. EPA - James R. Thompson

Center, Suite 2-025, 100 West Randolph Street, Chicago. (Consolidated with

PCB 95-125.)

February 21

9:30 a.m.

PCB 95-119

P-A, Land

West Suburban Recycling and Energy Center v. EPA - James R. Thompson

Center, Suite 2-025, 100 West Randolph Street, Chicago. (Consolidated with

PCB 95-125.)

February 22

9:30 a.m.

PCB 95-119

P-A, Land

West Suburban Recycling and Energy Center v. EPA - State of Illinois Building,

Room C-500, 160 North LaSalle Street, Chicago. (Consolidated with PCB 95-

125.)

February 22

10:00 a.m.

R 94-1(B)

R, Water

In the Matter of: Triennial Water Quality Review: Amendments to 35 Ill. Adm.

Code 302.202, 302.212, 302.213, 304.122 & 304.301 (Ammonia Nitrogen) -

James R. Thompson Center, Room 9-040, 100 West Randolph Street, Chicago.

February 23

10:00 a.m.

PCB 95-119

P-A, Land

West Suburban Recycling and Energy Center v. EPA - State of Illinois Building,

5th Floor, Room C-500, 160 North LaSalle Street, Chicago. (Consolidated with

PCB 95-125.)

February 23

9:30 a.m.

R 96-4

R, Air

In the Matter of: Listing of Federal Hazardous Air Pollutants, Greatlakes

Commission's Toxic Compounds and Great Waters Program Toxic Compounds,

and Source Reporting for Illinois Toxic Air Contaminants: Amendments to 35

Ill. Adm. Code 232 - Illinois Police Training Board, Conference Room, Third

Floor, 600 South Second Street, Springfield.

February 27

10:00 a.m.

R 96-1

R, Land

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

Landfills: Amendments to 35 Ill. Adm. Code 816 - James R. Thompson Center,

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

March 7

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

dolph St., Conference Room 9-040, Chicago

March 7

10:00 a.m.

R 96-13

R, Air

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

Adm. Code 218 and 219 - James R. Thompson Center, Suite 9-025, 100 West

Randolph Street, Chicago.

March 12

10:30 a.m.

PCB 95-73

N-E, Citizens

Dennis Manarchy, Mary Beth Manarchy, Chris Mandoline, Beverly Kagy-

Mandoline, Surrounding Neighbors v. The Gotham Nightclub, JJJ & Associates,

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

Chicago.

March 20

10:00 a.m.

PCB 94-27

A-V

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

Room, Court Street, Robinson.

March 20

10:00 a.m.

PCB 94-150

A-V

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

Room, Court Street, Robinson.

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ENVIRONMENTAL REGISTER No. 501

February, 1996

March 21

10:30 a.m.

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

dolph St., Conference Room 9-040, Chicago

March 21

10:00 a.m.

R 96-13

R, Air

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

Adm. Code 218 and 219 - James R. Thompson Center, Suite 9-025, 100 West

Randolph Street, Chicago.

April 4

10:30 a.m.

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

April 18

10:30 a.m.

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

May 2

10:30 a.m.

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

May 16

10:30 a.m.

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

June 6

10:30 a.m.

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

June 20

10:30 a.m.

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

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

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ENVIRONMENTAL REGISTER No. 501

February, 1996

19

R

R

ULEMAKING UPDATE

RIENNIAL WATER QUALITY REVIEW

AMENDMENTS PROPOSED FOR SECOND

FIRST NOTICE, R94-1(A) & (B)

On January 4, 1996, the Board proposed

amendments to the Illinois water pollution control

regulations based on a proposal filed by the Illinois EPA

(Agency). The Agency submitted its proposal after

conducting its triennial review of Illinois stream water

quality to satisfy the requirements of the federal Clean

Water Act (33 U.S.C. §§

1251

et seq.

) The Board's order

severed docket R94-1 into subdockets A and B, to deal

with lead and mercury (subdocket A) separately from

ammonia nitrogen (subdocket B). The amendments

proposed for second First Notice publication in the

Illinois Register

related to lead and mercury water

quality standards. A Notice of Proposed Amendments

appeared in the January 26, 1996

Register

, beginning the

45-day public comment period.

As previously reported

(see issue 500, Jan., 1996)

,

the Board has scheduled a public hearing on the

subdocket in the triennial water quality review proceed

-

ing relating to ammonia nitrogen, R94-1(B). The

hearing will occur as follows:

10:00 a.m., Thursday, February 22, 1996

James R. Thompson Center, Room 9-040

100 West Randolph Street

Chicago

The hearing officer order scheduling the hearing

required the filing of pre-filed testimony by January 26,

1996 and the filing of pre-filed questions by February 9,

1996. That order outlines 14 specific questions in four

informational categories that the Board wants addressed

at the hearing. The informational categories relate to the

current position of U.S. EPA on ammonia nitrogen, sister

states' standards, regulatory impact, and technical aspects

of the proposal.

The larger Illinois EPA (Agency) water quality

proposal, docketed by the Board as R94-1, proceeded

from a mandatory triennial review of the Illinois stream

water quality regulations required under the federal

Clean Water Act (33 U.S.C. §§

1251

et seq.

). The

Agency filed the proposal on February 24, 1994, and the

Board accepted it on March 17, 1994. The Board

decided to proceed on the proposal as a Section 28.2

federally required rule on May 5, 1994. The larger

proposal would amend Parts 302 and 304 of the Water

Pollution Control regulations to revise the standards for

ammonia nitrogen, mercury, and lead general water

quality standards; secondary contact and indigenous

aquatic life standards; and other regulations.

The Board proposed amendments based on the R94-1

proposal for First Notice publication in the

Illinois

Register

on September 15, 1994, and Notices of Propos

ed

Amendments appeared in the

Register

on September 30,

1994. The Board held a pre-hearing conference on the

proposal in Chicago on November 8, 1995. As observed

in the hearing officer order scheduling the pre-hearing

conference, those Notices have since expired, and the

Board will have to consider the proposal again for First

Notice publication. The Board has already conducted

three public hearings on the proposal, on November 10,

1994 and January 26, 1995, in Chicago, and on

November 22, 1994, in Springfield.

(Issues 481, April,

1994; 483, June, 1994, 487, Oct., 1994 & 497, Oct.,

1995.)

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

(Internet: doneill@pcb016r1.state.il.us. Please refer to

docket R94-1.

ITIZENS UTILITIES SITE-SPECIFIC

RULEMAKING DISMISSED, R81-19

On January 18, 1996, the Board granted volu

n-

tary dismissal of docket R81-19, a site-specific rulema

k-

ing proceeding involving wastewater discharges of Cit

i-

zens Utilities Company into the Lily Cache Creek. The

petitioner's motion to dismiss stated that the Illinois EPA

had issued a revised NPDES permit to the DuPage

County facility as a result of settlement of a federal e

n-

forcement action, rendering the rulemaking petition

moot. The petition was before the Board on remand from

the Third District, in

Citizens Utilities Co. v. PCB

(3d

Dist. 1991), 216 Ill. App. 3d 629, 576 N.E.2d 415. D

i-

rect questions to Musette H. Vogel, at 217-524-8509

(Internet: mvogel@pcb084r1.state.il.us. (Please refer to

docket R81-19.)

OARD ADOPTS AMENDED TITLE 2

ADMINISTRATIVE RULES

The full opinion and order of the Board

begins on the following page.

T

T

C

C

B

B

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ENVIRONMENTAL REGISTER No. 501

February, 1996

20

ILLINOIS POLLUTION CONTROL BOARD

January 18, 1996

IN THE MATTER OF:

)

)

ILLINOIS POLLUTION CONTROL

)

BOARD ADMINISTRATIVE RULES:

)

R96-15

ORGANIZATION, PUBLIC

)

(Rulemaking)

INFORMATION AND PROCEEDINGS.

)

Adopted Rule.

Final Order

.

OPINION AND ORDER OF THE BOARD (by C.A. Manning):

Pursuant to Section 5-15 of the Illinois Administrative Procedure Act (APA) (5 ILCS 100/5-15) and

Section 140/4 of the Freedom of Information Act (FOIA) (5 ILCS 140/4), the Board is required to

maintain current administrative rules which describe how the Board is organized, how it operates, and

how it provides the public access to information. These rules are intended to implement the mandates set

forth in those statutes. Additionally, the Board also takes final action today in R96-14 to repeal the

Board’s former administrative rules found at 2 Ill. Adm. Code 2175 of the Administrative Code.

As the admini

strative rules were last adopted and amended over ten (10) years ago, in 1984, these

rules reflect the various changes in the Board’s operation which have occurred since that time and include

a current organizational chart. Additionally, these rules reflect the most current innovations of the

Board’s public access and the electronic address of the Board’s Home Page found at the World Wide

Web of the Internet. The rules explain that the Board’s Home Page can be accessed for timely inform

a-

tion on the Board’s meeting schedules and agendas, minutes of regular Board meetings, rulemakings,

legislative updates, Appellate Court updates, biographical information on Board Members, staff inform

a-

tion, pending environmental regulations and for copies of the Board’s monthly newsletter, the

Environ-

mental Register

.

These administrative rules are effective immediately upon filing with the Secretary of State. They will

be published in the

Illinois Register

and will appear in the Illinois Administrative Code at 2 Ill. Adm.

Code 2175. Additionally, the rules will be immediately placed on the Board’s Home Page of the World

Wide Web of the Internet and they will appear in the

Environmental Register

.

ORDER

The Board hereby adopts the following rules as 2 Ill. Adm. Code 2175.100 through 2175.600:

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February, 1996

ENVIRONMENTAL REGISTER No. 501

TITLE 2: GOVERNMENTAL ORGANIZATION

CHAPTER XXVII: POLLUTION CONTROL BOARD

ORGANIZATION, PUBLIC INFORMATION, AND TYPES OF PROCEEDINGS

SUBPART A: INTRODUCTION AND ORGANIZATION

Section

2175.100 Summary and Purpose

2175.105 Board Membership

2175.110 Organization and Supervisory Relationships

2175.115 Location of Offices

2175.120 Board Meetings

2175.125 Public Notice of Board Meetings

2175.130 Agenda of Board Meetings

2175.135 Minutes of Board Meetings

2175.140 Accessibility of Board Meetings and Hearings

SUBPART B: FEES AND FORMS OF PAYMENT

Section

2175.200 Filing Fees

2175.205 Photocopying Fees

2175.210 Photocopying Procedures

2175.215 Forms of Payment

2175.220 Other Fees/Cost

s

SUBPART C: PUBLIC INFORMATION

Section

2175.300 Files Open to Reasonable Public Inspection

2175.305 Publications

2175.310 Board’s Home Page on World Wide Web Internet

2175.315 Documents Available from the Clerk's Office

2175.320 Requests For Information

SUBPART D: ACCESS TO BOARD RULES

Section

2175.400 Access to Board Rules in the Illinois Administrative Code

SUBPART E: RULEMAKING

Section

2175.500 Proposals

2175.505 Initial Hearing

2175.510 First Notice

2175.515 Second Notice

2175.520 Adopted Rules

2175.525 Emergency Rules

2175.530 Peremptory Rules

2175.535 Adoption of Federal Regulations

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ENVIRONMENTAL REGISTER No. 501

February, 1996

22

SUBPART F: ADJUDICATORY PROCEEDINGS

Section

2175.600 Adjudicatory Proceedings

APPENDIX A: ORGANIZATIONAL CHART

AUTHORITY:

Implementing Section 5-15 of the Illinois Administrative Procedure Act (5 ILCS 100/5-15) and

authorized by Section 5 of the Illinois Environmental Protection Act (415 ILCS 5/5).

SOURCE:

Administrative rules adopted at 3 Ill. Reg. 23, p. 96, effective May 29, 1983; repealed by operation of

law effective October 1, 1984; new rules adopted at 9 Ill. Reg. 107, effective December 21, 1984; old

rules repealed and new rules adopted at @ Ill. Reg.

, effective_________, 1996.

Section 2175.100

Summary & Purpose

As required by Section 5-15 of the Illinois Administrative Procedure Act (APA) (5 ILCS 100/5-15) and Section

140/4 of the Freedom of Information Act (FOIA) (5 ILCS 140/4), this Part sets forth the administrative rules which

apply to the Illinois Pollution Control Board (Board). These rules are intended to generally

  

explain what the Board

is, how the Board is organized and operates, and how the public can get information from the Board. These rules

do not explain, and are not intended to explain, the Board’s procedural requirements for processing rules and

cases. Those procedural rules are found at 35 Ill. Adm. Code 101-120.

Section 2175.105

Board Membership

a)

The Board was created pursuant to Section 5 of the Illinois Environmental Protec

tion Act (Act) (415 ILCS

5/5). The Board is a quasi-legislative and quasi-judicial administrative agency responsible for adopting

environmental regulations and deciding certain environmental disputes and cases brought pursuant to the

Illinois Environmental Protection Act. The Board determines, defines and implements environmental

control standards in accordance with the Illinois Environmental Protection Act.

b)

The Board is comprised of seven technically qualified members. The members are appointed by

the Gov-

ernor with the advice and consent of the Senate, for a term of three years.

c)

The Governor designates one member to serve as Chairman. The Chairman serves at the pleasure of the

Governor and is responsible for the administration of the Board.

Section 2175.110

Organization and Supervisory Relationships

a)

Each member of the Board is aided by a confidential assistant who may be an attorney or who may have

an advanced technical degree, and a personal secretary. The Chairman may have two confidential assi

s-

tants and a personal secretary.

b)

In order to carry out its functions, the Board is comprised of the following offices and units: Clerk’s O

f-

fice, Legal Unit, Hearings Unit, Technical Unit, and Fiscal Unit. The function of each is as follows:

1)

Clerk’s Office. This Office is responsible for the processing, maintenance and distribution of all

case related materials of the Board. The Clerk’s Office is located in Chicago.

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February, 1996

ENVIRONMENTAL REGISTER No. 501

23

2)

Legal Unit. This unit is responsible for general legal functions of the Board and case or rule-

related legal responsibilities, as designated by the Chairman.

3)

Technical Unit. This unit is comprised of environmental specialists responsible for gathering

such technical and scientific data as may be required by the Board in the performance of its d

u-

ties and for advising the Board on technical issues related to pending cases and rulemakings, as

assigned by the Chairman.

4)

Hearings Unit. Under the direction of a Chief Hearing Officer, this unit is comprised of attorneys

responsible for conducting Board hearings throughout the state, making such rulings as may be

necessary at hearing, and generally managing the Board’s adjudicatory caseload.

5)

Fiscal Office

.

Under the direction of a Fiscal Officer, this unit is responsible for budgeting, e

x-

penditures, procurement, computer operations, and related duties.

c)

The Board also employs other professional staff to carry out its functions and mandates, including but not

limited to an Executive Coordinator, a Public Affairs Coordinator, a Human Services Coordinator, and a

Legislative and Governmental Affairs Coordinator.

d)

Organizational relationships are shown in the organizational chart in Appendix A at the end of this Part.

Detailed descriptions of the specific responsibilities and duties of each of the job titles are maintained in

the Chicago office.

Section 2175.115

Location of Offices

a)

The Board maintains two central offices, one in Chicago and one in Springfield. The Board may also

maintain satellite offices in various regions of the State.

b)

The Clerk’s Office is located in the Chicago Office. The address and general telephone number of the

Chicago office is:

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph St.

Suite 11-500

Chicago, Illinois 60601

(312)-814-3620

(312) 814-3669 (Fax)

c)

The Office of the Chairman, the Fiscal Office, and the Legislative/Government Affairs Coordinator are

located in the Springfield office. The address and general telephone number of the Springfield office is:

Illinois Pollution Control Board

600 South Second Street

Suite 402

Springfield, Illinois 62704

(217)-524-8500

(217) 524-8508 (Fax)

d)

The Board maintains satellite offices in the following locations:

Illinois Pollution Control Board

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ENVIRONMENTAL REGISTER No. 501

February, 1996

24

110 South State Street

Jerseyville, Illinois 62052

(618) 498-9802

(618) 498-5934 (Fax)

Illinois Pollution Control Board

148 North Third Street

PO Box 505

DeKalb, Illinois 60115

(815) 753-1904

(815) 753-1970 (Fax)

Section 2175.120

Board Meetings

a)

The Board makes all decisions on adjudicatory cases and regulatory matters at open meetings of the Board

noticed and held in accordance with the Open Meetings Act (5 ILCS 120/1 et seq). The Board may hold

closed meetings pursuant to Section 120/2(a) of the Open Meetings Act (5 ILCS 120/2(a)).

b)

Meetings may be held when a quorum, constituted by four members of the Board, is present.

Four af-

firmative votes are required for any final determinations of the Board, except in a proceeding to remove a

seal under Section 34(d) of the Illinois Environmental Protection Act

(415 ILCS 5/34(d)).

c)

Meetings may be held with Board members physically present or present telephonically.

d

)

Section 5 of the Illinois Environmental Protection Act requires the Board to hold at least one meeting

each month and allows the Board to hold special and emergency meetings (415 ILCS 5/5). The Chairman

or two Board Members may call a special meeting of the Board.

Section 2175.125

Public Notice of Open Board Meetings

a)

Public Notice of Regular Meetings

. Regular Board meetings are generally held every first and third

Thursday of the month at the James R. Thompson Center (JTRC) in Chicago, but dates, times and loc

a-

tions are subject to change. Notification of these meetings is given in the Board’s

Environmental Register

and on the Board’s Home Page (see Section 2175.310). Notification of all Board meetings is also posted

pursuant to the Open Meetings Act (5 ILCS 120/2.02 and 2.03). The schedule of meetings also appears at

the end of every regular meeting agenda.

b)

Teleconferencing.

The Board attempts to hold one meeting every quarter via teleconferencing equipment,

with hook-ups in, at least, Chicago and Springfield. Both locations are open to the pu

blic.

c)

Public Notice of Special or Emergency Meetings

. Notice of special or emergency meetings will generally

be given to all Board members and the public 48 hours prior to the meeting. The notice will include a

copy of the agenda and will comply with

the Open Meetings Act

. If, however, a majority of the Board

certifies that an emergency exists and exigencies of time are such that the 48-notice must be dispensed

with, a special meeting may be called by the Chairman or two Board Members merely by posting notice in

the Board’s offices and giving notice to the public as far in advance as is practicable, but prior to the

holding of such meeting.

d)

Notice to Media

. The Board gives notice of regular, special or emergency meetings to any news medium

which has filed an annual request for such notice under Section 2.02(b) of the Open Meetings Act (5

ILCS 120/2.02(b)).

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February, 1996

ENVIRONMENTAL REGISTER No. 501

Section 2175.130

Agenda of Board Meetings

a)

The Board maintains an agenda of its open Board meetings in accordance with and

 

Section 2.02 of the

Open Meetings Act (5 ILCS 120/2.02).

 

Board agendas contain the list of cases and motions that may be

decided by the Board at that meeting and are posted at the Board’s offices and on the Board’s Home Page

(see Section 2175.310).

b)

The Board does not generally place any item on the agenda that has been filed less than two full days b

e-

fore a scheduled Board meeting.

c)

The Board may also issue an addendum to the agenda and, as provided for in Section 2.02(a) of the Open

Meetings Act (5 ILCS 120/2.02(a)), may consider items not specifically set forth on the agenda.

Section 2175.135

Minutes of Board Meetings

The Board will keep minutes of all meetings. Minutes of all meetings subject to the Open Meetings Act shall be available

to the public at the Clerk’s Office or on the Board’s Home Page (see Section 2175.302) within seven days of approval of the

minutes. The minutes will include the time, date, and place of the meeting, the items decided and the numeric decision

vote.

Section 2175.140

Accessibility of Board Meetings and Hearings

In compliance with the Americans with Disabilities Act and other applicable federal and state laws, the Board will

make every effort to hold public meetings and hearings in facilities which are accessible to people with disabilities.

Persons requiring such services should contact Dorothy Gunn, Clerk of the Board, at 100 W. Randolph Street,

Suite 11-500, Chicago, Illinois 60601 or at 312/814-3620 within five (5) days prior to a Board meeting or hearing.

Section 2175.200

Filing Fees

a)

A person filing an action for which a filing fee is prescribed by the Illinois Environmental Protection Act

shall pay that fee at the time the petition is presented to the Clerk for filing.

b)

The following initia

l filings require filing fees and will only be considered filed when accompanied by the

appropriate fee, which may be paid in the form of government voucher, money order or check made pa

y-

able to the Illinois Pollution Control Board, but which may not be paid in cash:

1)

Petition for Site-Specific Regulation, $75.

2)

Petition for Variance, $75.

3)

Petition for Review of Agency Permit Decision, UST Decision, or any other final appeal determ

i-

nation pursuant to Section 40 of the Illinois Environmental Protection Act (415 ILCS 5/40), $75.

4)

Petition to Contest Local Government Pollution Control Facility Siting Decision, pursuant to

Section 40.1 of the Illinois Environmental Protection Act (415 ILCS 5/40.1), $75; and,

5)

Petition for Adjusted Standard, pursuant to Section 28.1 of the Illinois Environmental Protection

Act (415 ILCS 5/28.1), $75.

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ENVIRONMENTAL REGISTER No. 501

February, 1996

26

c)

The Clerk will refuse to file any petition which is not accompanied by the required fee. The fee must be

paid in the form specified in Section 2175.215 of these rules.

Section 2175.205

Photocopying Fees

All files, records, and data may be copied at Board offices in Chicago upon payment of reasonable reproduction

fees (415 ILCS 5/7) as follows:

a)

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

the dissenting and/or concurring opinion(s). Copies of multiple opinions and orders cost 75 cents per

page.

b)

Hearing Transcripts cost 75 cents per page.

c)

All other documents cost 75 cents per page.

d)

State agencies are, upon request, provided copies of opinions and orders and transcripts free of charge.

Section 2175.210

Photocopying Procedures

a)

All files, records, and data may be copied at Board offices in Chicago upon payment. (415 ILCS 5/7.)

b)

The Board will contract for any copying that would impose a substantial administrative burden on the

Board. The person requesting such copies will be charged the reproduction charges incurred by the

Board.

c)

Requests for copies will be honored in as ti

mely a manner as possible. Requests for copies by mail will be

honored. However, the Board reserves the right to charge the requesting party for the mailing costs i

n-

curred by the Board.

Section 2175.215

Forms Of Payment

a)

Any amount over $10 must be paid by check or money order made payable to the Illinois Pollution Co

n-

trol Board. A state agency may use an Office of the Comptroller voucher to remit payment for filing fees

and photocopy charges.

b)

In the event that a check for filing fees, paid pursu

ant to Section 7.5 of the Illinois Environmental Prote

c-

tion Act is not honored by petitioner's bank, the Fiscal Officer may require that payment be made within

48 hours by certified check or money order. Failure to make payment may subject the parties to sanctions,

including penalties as provided for in the Board’s procedural rules. (See 35 Ill. Adm. Code 101-120.)

c)

In the event that a check for photocopying charges is not honored by the remitter’s bank, the Fiscal Off

i-

cer may require that payment be made within 48 hours by certified check or money order. The Fiscal O

f-

ficer may also require that photocopy fees be paid only by certified check or money orders prior to the

conveyance of material for any firm or individual who remits to the Board a check which subsequently is

not honored by the remitter’s bank.

Section 2175.220

Other Fees/Costs

The Board may, in its procedural rules (see 35 Ill. Adm. Code 101-120), provide for the payment of certain types of

its costs where appropriate.

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February, 1996

ENVIRONMENTAL REGISTER No. 501

27

SUBPART C: PUBLIC INFORMATION

Section 2175.300

Files Open to Reasonable Inspection

a)

The Clerk will maintain files containing all information submitted to or produced by the Board or any of

its members relating to matters within the Board's jurisdiction. Without limiting the foregoing, the files

will include: pleadings, motions, notices, minutes, transcripts, exhibits, orders and opinions, proposed

and adopted regulations, the

Environmental Register

and other Board releases, business records, and i

n-

formal complaints.

b)

Pursuant to the Illinois State Records Act, the Clerk shall maintain for five (5) years, all documents su

b-

mitted by the parties in rulemaking and adjudicatory cases (5 ILCS 160/1). After five (5) years, the

documents shall be microfilmed and the microfilm shall be maintained by the Board. Documents micr

o-

filmed for the Board’s record are subject to destruction unless the parties request that the documents be

returned at the closure of the five-(5) year period. Over-sized exhibits which are not capable of being m

i-

crofilmed will be returned to the parties at their request or destroyed.

c)

All files, records, and data, other than personnel files, are maintained by the Clerk's Office and are avai

l-

able from the Clerk of the Board, in the Board’s Chicago office only. Such types of material include but

are not limited to:

1)

Documents filed within a case including, but not limited to appearances, pleadings, exhibits, m

o-

tions, transcripts of hearings, and public comments;

2)

Opinions & Orders of the Board;

3)

Copies of documents published by the Board for use by the general public, such as the

Environ-

mental Register

.

d)

The files, records, and data of the Board are open to reasonable public inspection and copying in the

Board’s Chicago office, except for information exempted pursuant to Section 7 of the Freedom of Info

r-

mation Act (5 ILCS 140/7), including but not limited to, information which constitutes a trade secret;

information privileged against introduction in judicial proceedings; internal communication between the

Board and/or staff; draft orders and opinions and orders; and technical unit memoranda.

e)

The Board has adopted procedural rules at 35 Ill. Adm. Code 120 to establish the procedures to be taken

by any person to obtain trade secret protection as described in Section 7 of the Illinois Environmental

Protection Act (415 ILCS 5/7). (See 35 Ill. Adm. Code 101-120.)

Section 2175.305

Publications

a)

Environmental Register

1)

The Board will publish an

Environmental Register

containing reports of the Board’s activities

and notices of meetings and hearings. Single copies are provided free of charge at the Board’s

Chicago and Springfield Offices.

2)

A yearly hard copy subscription may be purchased, at a cost of $20 to defer reproduction and

distribution charges, by contacting the Board’s Chicago office. Government entities and not-for-

profit organizations properly categorized as such under the Internal Revenue Code may request a

free hard copy subscription to the

Environmental Register

. Proof of organizational status is r

e-

quired.

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ENVIRONMENTAL REGISTER No. 501

February, 1996

28

3)

The

Environmental Register

is provided free of charge on the Board’s Home Page as described at

Section 2175.310.

b)

Opinions, Orders, Regulations

1)

Copies of opinions and orders of the Board are available upon request as provided at Section

2175.205(a).

2)

The Board’s opinions and orders are also available through various commercial services inclu

d-

ing LEXIS and Westlaw.

3)

The Board’s regulations are published in the

Illinois Register

(see Section 2175.305(d)) and by

various commercial services. They are also published periodically by the Agency by subtitle and

are available as quantities permit free of charge from the Board’s Chicago office.

c)

Annual Report

1)

The Board publishes an Annual Report of the Chairman. The report includes information r

e-

garding the Board’s membership, regulatory and case activities for the fiscal year, a summary of

legislative activity affecting the Board, a summary of Board decisions reviewed by the courts

during the fiscal year, and information on administrative activities.

2)

When completed and printed, the Annual Report is available free of charge in reasonable quant

i-

ties from the Board’s Chicago and Springfield Offices.

d)

Illinois Register

1)

Required Filings

The

Illinois Register

is a publication containing all state regulations and is

published by and available from the Office of the Secretary of State and various commercial

services. The Board is required to publish the following information in the

Illinois Register:

A.

Notice of all proposed and adopted regulations as required by Section 5-40 of the APA.

The notices describe the rules, contain contact names for questions and provide dire

c-

tions for participation at public hearings and submission of written co

mments.

B.

Notice of all emergency and peremptory regulations as required by Sections 5-45 and 5-

46 of the Illinois Administrative Procedure Act (5 ILCS 100/5-45 and 5/46). The n

o-

tices describe the rules and contain contact names for questions.

C.

Results of B

oard determinations in adjusted standards proceedings pursuant to Section

28.1 of the Illinois Environmental Protection Act (415 ILCS 5/28.1). The Board pu

b-

lishes this list at the close of each fiscal year, in July or August depending upon the

Illi-

nois Register

publication schedule.

D.

A regulatory agenda which sets forth rules which the Board may be considering during a

six-month periods This agenda is to list rules in advance of publication of the notice d

e-

scribed in subsection (d)(i) of this section. The regulatory agenda appears in Jan

u-

ary/February or July/August of each year, depending upon the

Illinois Register

publica-

tion schedule. The agenda describes the anticipated rules, contains contact names for

questions, and provides directions for public participation.

---

February, 1996

29

2)

Discretionary filings,

Section 7.3 of the Illinois Environmental Protection Act (415 ILCS 5/7.3)

and Section 5-70(b) of the Illinois Administrative Procedure Act (5 ILCS 100/5-15) allow the

Board to publish other documents concerning its activities. These include, but are not limited to,

notices of public hearings, and notices of proposed and adopted identical in substance rules as

discussed in Section 7.2 of the Illinois Environmental Protection Act (415 ILCS 5/7.2).

Section 2175.310

Board’s Home Page on World Wide Web Internet

a)

The Board maintains a Home Page on the World Wide Web of the Internet. The information on the

Home Page is continuously updated. The Board’s Home Page includes, but is not limited to, the following

information:

1)

Board Members’ Profiles

2)

Environmental Register

3)

Board Meeting Dates and Agendas

4)

Procedural Rules

5)

Administrative Rules

6)

Annual Reports

7)

Summary of Pending Rulemakings

8)

Summary of Recent Legislation Affecting the Board

b)

The information on the Board’s Home Page can be downloaded free of Board charges. The Home Page

can be accessed through the Internet using any commercially available on-line service. The Home Page

can be accessed directly via the following electronic address:

http://www.state.il.us/pcb/pcbhpage.htm

c)

The Board’s Home Page can also be accessed through State of Illinois Home Page (under the “Agencies”

option) at the following electronic address:

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

Section 2175.315

Documents Prepared by the Clerk's Office

Various documents are routinely prepared by and for the Clerk's office for internal use by the Board and are also

available for inspection and copying. These include, but are not limited to, docket sheets, listings of cases by type

and tracking sheets. Copies will be available within five (5) working days of a request at a cost of $5.00 per page.

Section 2175.320

Requests for Information

a)

Informal requests for information may be made to any Board office. Informal requests will be filled

promptly upon receipt of the request. However where a request for information maintained by the Clerk's

Office is made at other than the Chicago office, some delay may be necessary to allow for the Clerk's o

f-

fice to provide the material. Inspection of documents can only take place at the Clerk's O

ffice.

b)

A Formal request for information pursuant to the Freedom of Information Act (FOIA) shall state that it is

a formal request pursuant to FOIA. The formal request shall be addressed to the Clerk of the Board, who

shall date stamp the request upon receipt. All formal requests will be processed pursuant to the time

frame requirements set forth in FOIA. The FOIA requires an initial response to the request be made

within seven (7) working days of receipt of the formal request, subject to exte

nsion.

---

February, 1996

30

1)

Any person whose formal request is denied by the Clerk may appeal such denial by filing a wri

t-

ten notice of appeal addressed to the Chairman of the Board. The notice of appeal shall include a

copy of the formal request, the Clerk’s denial letter, and a statement of why the person believes

the denial was improper. The Chairman will determine in writing whether the Clerk’s denial

was proper or improper, and will notify the person within seven (7) working days after receipt of

the notice.

2)

If the Chairman affirms the denial or fails to take action within seven (7) working days, the pe

r-

son may file suit in circuit court for injunctive or declaratory relief pursuant to Section 140/11 of

the FOIA (5 ILCS 140/11).

Section 2175.400

Access to Board Rules in the Illinois Adminis

trative Code

a)

All Board rules have been codified under Title 35 of the Illinois Administrative Code since October, 1983.

Each general area of regulation has been assigned a particular Subtitle as set out below:

SUBTITLE

SUBJECT MATTER

A

Procedural Rules

B

Air Rules

C

Water Rules

D

Mine Rules

E

Livestock Waste

F

Public Water Supplies

G

Waste Disposal

H

Noise Rules

I

Nuclear Radiation

M

Biological Materials

b)

The Subtitles listed in Subsection (a), above, also include some rules of the Environmental Protection

Agency and the Department of Natural Resources. The Board's rules appear at Chapter I of each of the

Subtitles.

Section 2175.500

Proposals

a)

Rulemaking procedures are set out in 35 Ill. Adm. Code 102.

b)

Proposals for the adoption, amendment or repeal of a substantive regulation may be made by the Env

i-

ronmental Protection Agency (Agency), the Illinois Department of Natural Resources (Department), the

Board or any member of the public. Proposals made by the Agency, Department or Board are automat

i-

cally scheduled for hearings.

c)

In the case of a proposal made by a member

of the public, the proposal must be accompanied by a petition

signed by 200 persons, specifying home addresses, unless that requirement is waived by the Board. When

the proposal is accompanied by a petition, the matter is placed on the agenda for Board decision. Gene

r-

ally, the Board will authorize a hearing unless it determines that the proposal is plainly devoid of merit, or

deals with a subject on which a hearing has been held within the preceding six months, or is not acco

m-

panied by an adequate statement of supporting reasons. The pro

ponent will be notified of an adverse dec

i-

sion and of the reasons for such a decision.

---

February, 1996

Section 2175.505

Initial Hearing

a)

All hearings on regulatory proposals are conducted according to 35 Ill. Adm. Code 102. These hearings

are open to the public, and at such hearings, the public is permitted to examine the record, examine wi

t-

nesses (except as limited by the Hearing Officer), testify and submit evidence.

b)

Unless otherwise directed by the Hearing Officer or the Bo

ard, the record remains open for public co

m-

ment for a minimum of 14 days following the close of the hearing. Any person may make a written su

b-

mission on the proposal within this period or during the first notice period pursuant to the Admin

istrative

Procedure Act (APA) (5 ILCS 100/5-5 et seq.).

Section 2175.510

First Notice

a)

The Board may adopt a proposed rule for first notice pursuant to Section 40 of the APA at any time after a

regulatory proceeding is initiated (5 ILCS 100/5-40). Generally the Board does not proceed to first notice

until merit and economic hearings have concluded and comments have been received unless there is a

need to proceed more expeditiously.

b)

The public has a right to comment on the proposed rules during the first notice period and retains all other

rights set out in Section 40 of the APA (5 ILCS 100/5-40).

c)

Pursuant to the Section 28 of the Illinois Environmental Protection Act, the Board may, in general, revise

the proposed regulation before adoption without conducting further hearings (415 ILCS 5/28).

Section 2175.515

Second Notice

a)

Upon termination of the first notice period, the Board may adopt the proposal for second notice pursuant

to Section 40 of the APA (5 ILCS 100/5-40), for review by the Joint Committee on Administrative Rules

(JCAR).

b)

After the second notice period has commenced, the proposed rules will only be amended in response to

JCAR recommendations.

Section 2175.520

Adopted Rules

a)

At the conclusion of the second notice period the Board may

adopt a final opinion and order adopting the

new rules and setting forth the reasons for adoption.

b)

The adopted rules are then filed with the Secretary of State and are published in the

Illinois Register

along

with supporting information.

Section 2175.525

Emergency Rules

Pursuant to the Illinois Emergency Services and Disaster Act of 1975 (65 ILCS 5/1), on proclamation by the Go

v-

ernor, that a disaster emergency exists, or when the Board finds that a severe public health emergency is involved

in relation to any proposed regulation, then such regulation shall take effect without delay and the Board may pr

o-

ceed with the required economic impact hearings while the regulation continues in effect. When such an eme

r-

gency exists the customary 45 day notice provision is waived; however, notice and text of the emergency rule must

be published in the

Illinois Register

. An emergency rule is effective for a maximum period of 150 days pursuant to

Section 45 of the APA (415 ILCS 5/45), but it may be adopted as a permanent rule by following usual rulemaking

procedures.

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ENVIRONMENTAL REGISTER No. 501

February, 1996

Section 2175.530

Peremptory Rules

When the Board is required by federal law, federal rules and regulations or by a court order to adopt a certain rule,

that rule need not be published in the

Illinois Register

until it has been adopted pursuant to Section 40 of the APA

(5 ILCS 100/5-70.) However, notice and text of the adopted rule must be published in the

Illinois Register

pursu-

ant to Section 70 of the APA. (5 ILCS 100/5-70.)

Section 2175.535

Adoption of Federal Regulations

The Board adopts regulations in the following programs pursuant to Section 7.2 of the Illinois Environmental

Protection Act (415 ILCS 5/7.2) that are identical in substance to federal regulations and which are exempt from

Sections 5-35 and 5-40 of the Administrative Procedure Act (5 ILCS 100/5-35 and 5-40):

a)

Exemptions from the definition of volatile organic material: Section 9.1(e) of the Illinois Environmental

Protection Act (415 ILCS 5/9.1(e),

b)

Underground injection c

ontrol (UIC): Section 13(c) of the Illinois Environmental Protection Act (415

ILCS 5/13(c),

c)

Wastewater pretreatment: Section 13.3 of the Illinois Environmental Protection Act (415 ILCS 5/13.3),

d)

Safe Drinking Water Act (SDWA): Section 17.5 of the Illinois Environmental Protection Act (415 ILCS

5/17.5),

e)

Resource Conservation and Recovery Act Subtitle C hazardous waste (RCRA Subtitle C): Section 22.4(a)

of the Illinois Environmental Protection Act (415 ILCS 5/22.4(a)),

f)

Resource Conservation

and Recovery Illinois Environmental Protection Act Subtitle I underground sto

r-

age tank (UST): Section 22.4(d) of the Illinois Environmental Protection Act (415 ILCS 22.4(d)),

g)

Resource Conservation and Recovery Act Subtitle D municipal solid waste landfills (RCRA Subtitle D):

Section 22.40(a) of the Illinois Environmental Protection Act (415 ILCS 5/22.40(a)).

Section 2175.600

Adjudicatory Proceedings

a)

The Board is authorized to hear the following types of ad

judicatory cases. See 35 Ill. Adm. Code 101-120

for procedural rules governing the processing of these cases.

1)

Enforcement Action.

The Illinois Attorney General or any person may initiate an enforcement

action by the filing of a complaint pursuant to Section 31 of the Illinois Environmental Protection

Act (415 ILCS 5/31).

2)

Permit Appeal. Any person who has been denied a permit or who has been issued a permit by

the Illinois Environmental Protection Agency pursuant to Section 39 of the Illinois Enviro

n-

mental Protection Act (415 ILCS 5/39) with one or more conditions to which that person objects

may file a petition with the Board for a review of the Agency's action.

3)

Pollution Control Facility Siting Review.

An applicant for local siting approval of a pollution

control facility who has been denied such approval by a county board or the governing body of a

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February, 1996

ENVIRONMENTAL REGISTER No. 501

33

municipality or third party who participated in the public hearing conducted by a county board or

the governing body of a municipality may contest that decision by filing a petition for hearing

pursuant to Section 40.1(a) of the Illinois Environmental Protection Act (415 ILCS 5/40.1(a)).

4)

Variances/Adjusted Standards.

Any person adversely affected by a Board rule or order may file a

petition for a variance or adjusted standard pursuant to Section 37 of the Illinois Environmental

Protection Act (415 ILCS 5/37).

5)

Trade Secret Determination.

Any person who is adversely affected by a trade secret determin

a-

tion made by the Illinois Environmental Protection Agency or the Illinois Department of Natural

Resources may contest that determination to the Board.

6)

Appeal of OSFM Denial of Eligibility to UST Program.

Owners or operators of underground

storage tanks who have been denied eligibility to access the underground storage tank rei

m-

bursement fund by the Office of State Fire Marshal may petition for review pursuant to Section

57.9(c) of the Illinois Environmental Protection Act (415 ILCS 5/57.9(c)).

7)

Appeal of Agency Decisions Regarding UST Program.

Owners or operators of underground

storage tanks who have been denied reimbursement by the Agency may petition for review purs

u-

ant to Section 40 of the Illinois Environmental Protection Act (415 ILCS 5/40).

8)

Pollution Control Facility Certifications.

Application for a pollution control facility certificate

demonstrating that a particular facility is entitled to tax treatment as a pollution control facility as

defined in Section 11-10 of the Property Tax Code may be filed with the Board pursuant to Se

c-

tions 11-25 and 11-30 of that Code (35 ILCS 200/11-25 and 11-30).

9)

Administrative Citations.

The Agency or a unit of local government delegated authority by the

Agency, may issue administrative citations for violations of the Illinois Environmental Protection

Act, Section 21, and these citations shall be enforceable by filing copies with the Board pursuant

to Section 31.1 of the Illinois Environmental Protection Act. (415 ILCS 5/31.1) The respondent

named in the administrative citation may file a petition for review with the Board.

10)

Water Well Setback Exceptions.

A water well owner may petition the Board for an exception

from the water well setback requirements of the Illinois Environmental Protection Act by filing a

petition with the Board and the Agency pursuant to Section 14.2 of the Illinois Environmental

Protection Act. (415 ILCS 5/14.2.)

11)

Other. Any other proceedings which are authorized by the Illinois Environmental Protection Act

or procedural rules may be brought before the Board pursuant to statutory authority and any

Board regulations adopted thereunder.

---

ENVIRONMENTAL REGISTER No. 501

February, 1996

APPENDIX A

ORGANIZATIONAL CHART

IT IS SO ORDERED.

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February, 1996

ENVIRONMENTAL REGISTER No. 501

35

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

DIVISION OF WATER POLLUTION CONTROL

RESTRICTED STATUS LIST

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

tions, the Illinois EPA

has prepared the following list of facilities which are on Re

stricted Status. Restricted Status is defined as the Agen

cy determination that

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

sewer connection permits may no longer be issued without causing a violation of the Act or Regulations. Please note that the list is

continually being revised to reflect the current situation. Therefore, if you have any questions on the capability of a treatment facility or

transport system, please contact this Agency for a final determination. This listing reflects the status as of December 31, 1995.

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

imposition of Restricted Status. Facilities followed by a double asterisk (**) are additions to the list.

REMAINING

FACILITY NAME

RESPONSIBLE AUTHORITY

COUNTY

CAPACITY

Athens STP

City of Athens

Menard

0

Bourbonnais (Belle Aire Subd.)

Village of Bourbonnais

Kankakee

0

Camelot Utilities - Wastewater

Camelot Utilities

Will

0

Collection System

Camp Point (a portion mh 60-68)

Village of Camp Point

Adams

0

Candlewick Lake STP

Consumer Ill. Water Co.

Boone

0

Canton - S.S. Surcharging

City of Canton

Fulton

0

New Salem, 4th Ave.,

Sycamore, Sycamore Terr.,

Main Street

Chapin (North and South Main

Village of Chapin

Morgan

0

Terminal L.S.)

Clearview S.D.

Clearview S.D.

McLean

0

East Alton STP

City of East Alton

Madison

0

Farmington

City of Farmington

Fulton

0

Highview Estates

Highview Water Co.

Tazewell

0

Lake Zurich - Knollwood,

Village of Lake Zurich

Lake

0

Minonski, Main Ls's

Maple Lawn Homes STP

Maple Lawn Homes

Woodford

0

Riverton (Sewer System-Partial)

Village of Riverton

Sangamon

0

Rosewood Heights S.D.

- Ninth

Rosewood Heights S.D.

Madison

0

Street LS

Round Lake Beach

- Oaktree Subd.

America Today, Inc.

Lake

0

Pumping Sta.**

Sullivan Lake Development STP

Lake Development

Lake

0

Taylorville Shawnee Ave. Pump

City of Taylorville

Christian

0

Station

Utilities Unlimited

Utilities Unlimited

Will

0

Virden (Sewer System-Partial)

Virden S.D.

Macoupin

0

Washington (Devonshire Estates)

City of Washington

Tazewell

0

Washington (Rolling Meadows)

City of Washington

Tazewell

0

Watseka STP

City of Watseka

Iroquois

0

Deletions from previous Quarterly Report

: None

---

ENVIRONMENTAL REGISTER No. 501

February, 1996

36

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

DIVISION OF WATER POLLUTION CONTROL

CRITICAL REVIEW LIST

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

tions, the Illinois Envi

ronmental Protection

Agency has prepared the following list of facilities which are on Critical Review. Critical Review as defined as the Agency determination that a sewer or lift

station is approaching hydraulic capacity or that a sewage treatment plant is approaching design capacity such that additional sewer connection permit

applications will require close scrutiny to determine whether issuance would result in a violation of the Act or Regulations. Please note that these lists are

continually being revised to reflect the current situation. Therefore, if you have any questions on the capability of a treatment facility or transport system, please

contact the Agency for a final determination. This listing reflects the status as of December 31, 1995.

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

PE ADDED

FACILITY

RESPONSIBLE

REMAINING

SINCE

NAME

AUTHORITY

COUNTY

CAPACITY

LAST LIST

Beecher STP

Village of Beecher

Will***

176

187

Benton-Southeast STP

City of Benton

Franklin

60

0

Bethalto (L.S. #1)

Village of Bethalto

Madison

87

0

Bolingbrook STP 2

Village of Bolingbrook

Will

630

0

Braidwood STP

City of Braidwood

Will

526

14

Carrier Mills

Village of Carrier Mills

Saline

836

0

Carrollton

City of Carrollton

Greene

140

0

Chester

City of Chester

Randolph

26

0

Crest Hill - West STP

City of Crest Hill

Will

0

200

Creve Coeur

Village of Creve Coeur

Tazewell

2,330

0

Downers Grove Sanitary Dist.

Downers Grove S.D.

DuPage

8,181

141

Earlville

City of Earlville

LaSalle

215

0

East Dundee STP

Village of E. Dundee

Kane

983

0

Elkville

Village of Elkville

Jackson

6

0

Elmhurst

City of Elmhurst

DuPage

0

49

Findlay

Village of Findlay

Shelby

60

0

Hebron

Village of Hebron

McHenry

0

0

Herrin

City of Herrin

Williamson

735

165

Herscher

Village of Herscher

Kankakee

365

0

Highland STP

City of Highland

Madison

523

607

Hoopeston

City of Hoopeston'

Vermilion

0

0

Kildeer-Bishop-Ridge STP

Village of Kildeer

Lake

40

0

CLPWD-Deerfield Rd.

County of Lake Public Works

Lake

***

0

Interceptor

Department

CLPWD-Diamond-Sylvan STP

County of Lake Public Works

Lake

248

0

Department

Lake in the Hills S.D.

Village of Lake in the Hills

McHenry

1,650

787

Manhattan

Village of Manhattan

Will

0

0

Milan

Village of Milan

Rock Island

1,122

0

Moline (North Slope)

City of Moline

Rock Island

1,151

0

Mundelein STP

Village of Mendelein

Lake

583

297

O'Fallon

City of O'Fallon

St. Clair

650

0

Orangeville

Village of Orangeville

Stephenson

0

60

Pearl City

Village of Pearl City

Stephenson

0

35

Peotone

Village of Peotone

Will

195

0

Rock Island (Main)

City of Rock Island

Rock Island

5,001

0

Round Lake-Rosewood Sewage

Village of Round Lake

Lake

97

0

Pumping Station**

Sycamore (Southwest)

City of Sycamore

DeKalb

0

0

Thompsonville STP

Village of Thompsonville

Franklin

35

0

Deletetions from previous quarterly report

: None

***Contact IEPA - Permit Section

MM:sp5439c/2-5