No. 504

   

    

A Publication of the Illinois Pollution Control Board

    

    

May, 1996

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ULEMAKING UPDATE

ULEMAKING UPDATE

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EGISLATIVE UPDATE

EGISLATIVE UPDATE

DWA Update Amendments

ment, R95-17

On April 18, 1996, the Board

proposed identical-in-substance

amendments to the Illinois public

water supplies regulations for

public comment. The docket,

R95-17, includes federal amend-

ments adopted by USEPA to the

federal Safe Drinking Water Act

(SDWA) regulations that occurred

in the period January 1 through

June 30, 1995. During that time

period, USEPA adopted three sets

of amendments that could poten-

tially have affected the Illinois

SDWA program. On June 28,

1995 (60 Fed. Reg. 33658),

USEPA revised the provisions

relating to federal review of the

adequacy of state programs. On

June 29, 1995, USEPA engaged in

two actions. First (60 Fed. Reg.

33912), USEPA deleted obsolete,

redundant, and out-dated rules in

response to a Presidential initia-

tive. Second (60 Fed. Reg.

34084), USEPA made technical

corrections to the SDWA analyti-

cal methods. The Board analyzed

the federal amendments and de-

termined that no amendments

were necessary based on the June

28 action; (Cont’d on p. 3)

oard Offers Opinions And

World Wide Web

The Illinois Pollution Control

Board reminds readers that it will

be placing its opinions and orders

in both rulemakings and case deci-

sions, as well as hearing tran-

scripts, on the Board’s Home Page

of the World Wide Web. The

documents (Cont’d on p. 2)

ompromise Reached Between

Environmentalists -- Livestock

Management Facilities Act

Passed to Governor Edgar

On Thursday May 2 the Illinois

Senate passed HB 3151 on to the

Governor by a vote of 55-0-0. The

bill was previously passed in the

Illinois House on Friday, April 19,

1996. Passage of the bill followed a

week of negotiations that con-

cluded with a compromise agree-

ment worked out between State

Agencies, environmentalists, the

livestock industry, and the Gover-

nor's Office.

HB 3151 creates the Livestock

Management Facilities Act to re-

quire owners of large livestock

management facilities (feed lots)

that build, expand, or modify their

waste lagoons to first register their

facilities with (Cont’d on p. 2)

Inside This Issue

Significant Federal Actions

p4

Final Decisions

p12

New Cases

p13

Calendar of Hearings

p15

IEPA Restricted Status List

p17

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ENVIRONMENTAL REGISTER No. 504

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oard Offers Opinions And Orders For Sale On

The World Wide Web (Cont’d from p. 1)

will be placed in a secure area of the Home Page.

Access codes are currently for sale at $250 per year for

FY97 (July 1, 1996 through June 30, 1997). The

opinions, orders and transcripts will be free of charge

for May and June while this service is being developed.

Opinions and orders will be added to the secured

area after each Board meeting. Transcripts of IPCB

hearings will be available when received from the court

reporter. This new service will substantially reduce the

costs incurred by individuals and firms that acquire

IPCB documents, particularly if those documents are

obtained from the Board on a regular basis. Board staff

estimate that approximately 4,000 pages of final

opinions and orders and 14,000 hearing transcript pages

will be available in FY96. If purchased at the regular

hard copy price of 75 cents per page, the cost would

total $13,500. While most do not purchase all final

opinions and transcripts, significant cost savings can be

realized even by those having only an intermittent need

for the information.

The opinions, orders and transcripts will be avail-

able in Adobe Acrobat Portable Document Format

(PDF); a free copy of “Acrobat Reader” can be down-

loaded from Adobe. An index of the documents will be

maintained and available for those using Acrobat Ex-

change (available from software retailers for approxi-

mately $52). The index and the Acrobat Exchange

software will allow the documents to be electronically

word searched, a significant advantage over paper cop-

ies. Complete information regarding this service will

be provided on the Board’s Home Page.

The opinions, orders and transcripts will be free of

charge for May and June while this service is being de-

veloped. Visit our Web Page for more information.

The Board’s Web Page address is:

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

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EGISLATIVE UPDATE

EGISLATIVE UPDATE

(Cont’d from p. 1)

the Department of Agriculture (Department). The bill

sets forth fees to be paid to the Department, plus penal-

ties for failure to register. Further, the bill directs the

Department to investigate any complaints stemming from

such facilities and, if necessary, turn such complaints

over to the Illinois Environmental Protection Agency.

Any enforcement action would be handled through the

normal adjudication process before the Pollution Control

Board.

HB 3151 expands the current residential set-back re-

quirements for larger feed lots, based upon the number of

animals handled at the facility. The bill also requires feed

lots with 1,000 or more animals to submit waste man-

agement plans to the Department. The bill further re-

quires owners of livestock facilities to purchase insurance

or a surety bond whose amount is to be determined by the

Department, to cover the cleanup costs of any potential

environmental spill or contamination, and requires the

Department to conduct investigations of new or expanded

facilities during the preconstruction, construction, or

post-construction phases. HB 3151 requires such facili-

ties to practice odor control methods as set forth in the

Environmental Protection Act and related Board and/or

IEPA rules, as well as comply with all other Board and

IEPA rules covering agricultural-related waste. Finally,

the bill clarifies that nothing in the bill prohibits the

IEPA from investigating or pursuing any enforcement

action against any livestock facility suspected to be or

found in violation of any provision of the Environmental

Protection Act.

Specific to the rulemaking provisions, the bill creates

a special Advisory Committee made up of the IEPA, the

Department of Natural Resources (DNR), the Department

of Public Health (DPH), and the Department of Agricul-

ture (Department) to make recommendations to the De-

partment for the proposed rules. The Department (which

would chair the Advisory Committee) would propose the

rules to the Pollution Control Board. The Department

would have 6 months from the effective date of the bill to

propose rules to the Board, after which the Board would

have 6 months to hold public hearings and adopt final

rules.

The genesis of this bill began with the creation of a

task force earlier this year to study and make

recommendations to the Department regarding

management of very large hog, cattle, turkey, and

chicken operations such as those already proposed in

Cass County near Beardstown, Pike County near

Kinderhook, Champaign County near Mahomet, and

others. When the Task Force completing its report earlier

this spring, the Department introduced two identical

bills, SB 1777 (Donahue) and HB 3151 (Myers). Early

on, both bills were amended to clarify that The new Act

would not limit or preempt any authority over livestock

management facilities provided for in the Illinois

Environmental Protection Act (meaning all current

enforcement authority by the IEPA, Attorney General,

and State's Attorneys, and all adjudicatory

responsibilities by the Board for any environmental

violations and odor complaints will remain as they are

today).

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ENVIRONMENTAL REGISTER NO. 504

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ULEMAKING UPDATE

ULEMAKING UPDATE

DWA Update Amendments Proposed For Public

Comment, R95-17 (Cont’d from p. 1)

it determined, however, that amendments were neces-

sary based on both June 29 actions.

In addition to the immediate federally-prompted

amendments, the Board determined that a number of

additional amendments to the state's rules were

necessary based on a comment received from the

Illinois EPA (Agency). The Agency had suggested a

series of corrections to the whole of the Board's Subtitle

F regulations.

A Notice of Proposed Amendments appeared in the

May 3, 1996

Illinois Register

, at 20 Ill. Reg. 6121 (Part

607) and 6133 (Part 611). The Board may proceed to

adopt amendments based on the proposal 45 days after

that date, when the public comment period expires.

Direct questions to Michael J. McCambridge, at 312-

814-6924 (Internet address: mmccambr@pcb016r1.

state.il.us). Request copies of the Board's opinion and

order from Victoria Agyeman, at 312-814-3620

(Internet address: vagyeman@pcb016r1.state.il.us).

Please refer to docket number R95-17.

astewater Pretreatment Amendments Proposed

For Public Comment, R96-12

The Board proposed identical-in-substance

amendments to the Illinois wastewater pretreatment

regulations for public comment on April 18, 1996. The

update docket, R96-12, includes USEPA amendments

that occurred between July 1 and December 31, 1995 to

the federal regulations upon which the Illinois rules are

based. During that time USEPA amended its 40 CFR

136 regulations three times in ways that could

potentially impact the Illinois wastewater pretreatment

program by adding analytical procedures. On August 2,

1995 (60 Fed. Reg. 39586), USEPA added to an

analytical procedure for determining polychlorinated

biphenyls (PCBs) in wastewater. On August 28 (60

Fed. Reg. 44670), USEPA further added procedures for

determining total Kjeldahl nitrogen (TKN) in

wastewaters. Finally, on October 16 (60 Fed. Reg.

53529), USEPA added whole effluent toxicity (WET)

testing methods. Part 310 of the Illinois rules

incorporates 40 CFR 136 by reference, so the Board

proposed updating the version of that provision

incorporated to include the new methods.

A Notice of Proposed Amendments appeared in the

May 3, 1996

Illinois Register

, at 20 Ill. Reg. 6126. The

Board may proceed to adopt amendments based on the

proposal 45 days after that date, when public comment

period expires. Direct questions to Diane F. O'Neill, at

312-814-6062 (Internet address: doneill@pcb016r1

.state.il.us). Request copies of the Board's opinion and

order from Victoria Agyeman, at 312-814-3620

(Internet address: vagyeman@pcb016r1.state.il.us).

Please refer to docket number R96-12.

ommonwealth Edison Petition For Site-Specific

Withdrawn, R94-30

On April 4, 1996, the Board granted voluntary

dismissal of an October 17, 1994 petition from

Commonwealth Edison Company (Com-Ed) for a site-

specific rule.

(See Issue 490, Jan., 1995.)

The petition

sought a declaration that the Commonwealth Edison

Joliet/Lincoln Quarry facility, in Will County, is a

surface impoundment, and not a landfill subject to the

land pollution control (landfill) regulations. In the

alternative, Com-Ed sought site-specific regulations

relating to leachate management, groundwater

monitoring, and final cover requirements at this facility.

The Board had earlier, on July 7, 1995, granted

withdrawal of the portion of the petition that sought a

declaration that the facility is a surface impoundment.

(See Issue 496, Aug.-Sept., 1995.)

In the original petition, Com-Ed stated that it has

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

two coal-fired generating stations each year in the

facility, and has held a landfill permit for the facility for

several years. Under the landfill amendments of 1990,

Com-Ed notified the Agency that it intended to close the

facility by September 18, 1997, within seven years of

the effective date of the amendments, but it has since

reconsidered this decision due to the remaining capacity

of the facility. Com-Ed initially sought a declaration

that the facility is a surface impoundment to avoid

compliance with the 1990 landfill amendments, which

the site concededly cannot meet.

Direct questions to Kevin Desharnais, at 312-814-

6926 (Internet address:

kdesharn@pcb016r1.state.il.us). Please refer to docket

R94-30.

oard Dismisses Water Toxics Proposal, R92-8

On April 4, 1996, the Board dismissed a proposal

for amendment of the Illinois effluent and stream water

quality regulations, docketed as R92-8. The proposal

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would have amended the existing water quality

regulations "to limit further and eventually eliminate the

discharge of toxic and bioaccumulative pollutants,

establish more enforceable water quality criteria and

develop effective plans for limiting pollution in

watersheds seriously affected by nonpoint pollution."

Specifically proposed were additional numeric general

water quality standards for 36 chemicals, methods to

determine whole effluent toxicity-based criteria, and

methods to determine and utilize bioaccumulation

factors. The proposal would have limited the term of

site-specific rules and exemptions to five years, as well

as requiring inclusion and consideration of additional

information in applications for NPDES and pretreatment

permits. The proposal also requested the addition of a

Watershed Planning Process, which would have

required the development of a comprehensive watershed

plan for water bodies that contain chemical

contaminants in excess of water quality standards or

which fail to meet newly proposed biological integrity

standards.

The Illinois Chapter of the Sierra Club, the Citizens

for a Better Environment, the Lake Michigan

Federation, and the McHenry County Defenders jointly

initiated this proceeding when they filed their

rulemaking petition on July 21, 1992. On September 3,

1992, the Board accepted the proposal and conducted

public hearings on January 22, March 4 and 5, and

April 14 and 15, 1993. The proponents filed an

amended petition on June 23, 1993. The Board

conducted an additional hearing on the proposal on

September 28, 1994.

(See issue 486, Sept., 1994.)

In dismissing this proceeding on April 4, the Board

reviewed the extensive procedural history and

background of the proposal. It cited several reasons

why it believed that dismissal was the appropriate

course of action at this time. The Board stated that the

dismissal was based on its decision not to move forward

with the particular approach put forward; this was "not

a decision against achieving environmental progress."

The Board stated that many of the initiatives the

proposal put forward were already underway in other

arenas, including in ongoing programs of the IEPA, the

Department of Natural Resources, and the Department

of Commerce and Community Affairs, such as pollution

prevention programs and the Illinois watershed

management program. Other aspects of the proposal

were the subject of IEPA and federal review, such as

the federal-state triennial review process under the

federal Clean Water Act and the bioaccumulation of

certain substances. The Board felt that adequate time

should be allowed to demonstrate the merits of these

programs. The Board noted that it must further remain

open to incentive-based alternatives to the traditional

command-and-control method of environmental

regulation. The Board observed that it stands ready to

entertain proposals if regulatory processes are

demonstrated as necessary in any of these areas.

Address questions to Kathleen M. Crowley, at 312-

814-6929 (Internet address: kcrowley@pcb016r1.

state.il.us). Obtain copies of the Board's opinion and

order from Victoria Agyeman, at 312-814-3620

(Internet address: vagyeman@pcb016r1.state.il.us).

(Please refer to docket R92-8.)

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IGNIFICANT RECENT FEDERAL ACTIONS

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 18 such actions that occurred in

April, 1996:

art VII 15% ROP SIP Approval (R94-33)

On April 2, 1996 (61 Fed. Reg. 14484), USEPA

approved the state implementation plan (SIP) revision

including the Part VII 15% ROP plan amendments.

The SIP approval will become effective June 3, 1996

unless USEPA earlier expressly withdraws the approval

by a

Federal Register

notice. A notice of proposed

amendments appeared in the same issue of the

Register

(61 Fed. Reg. 14520).

The Board adopted the Part VII 15% ROP amend-

ments on May 4, 1995, under docket number R94-33.

The amendments require specified controls on synthetic

organic chemical manufacturing industry (SOCMI) dis-

tillation and reactor processes and on bakery industry

ovens. The Part VII amendments lowered VOM emis-

sions from batch chemical processes having certain

standard industrial classification (SIC) codes in the Chi-

cago and Metro-East areas, including a broad range of

chemical manufacturing activities: plastic materials and

resins (SIC 2821), medicinal chemicals and botanical

production (SIC 2833), pharmaceutical operations (SIC

2834), gum and wood chemicals (SIC 2861), cyclic

crudes and intermediates (SIC 2865), industrial organic

chemicals (SIC 2869), and agricultural chemicals (SIC

2879). The Part VII amendments also regulate emis-

sions from Stepan Chemical Company's Millsdale facil-

ity, in Elwood. They further added definitions for

"batch process train", "batch operation", "process

vent", and "single unit operation." Anticipated VOM

emissions reductions through the Part VII amendments

were 12.63 tpd in the Chicago area and 0.36 tpd in the

Metro-

East area.

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ENVIRONMENTAL REGISTER NO. 504

roposed Consumer Products VOC Emission Stan-

dards

On April 2, 1996 (61 Fed. Reg. 14531), USEPA

proposed volatile organic compound (VOC, the same as

VOM in the Illinois regulations) emission standards for

consumer products. USEPA proposed the action under

Section 183(e) of the federal Clean Air Act (CAA),

based on its determination that emissions from

consumer products can contribute to tropospheric ozone

formation. USEPA estimates that the proposed

emission standards would reduce VOC emissions

nationally by 90,000 tons per year, at a cost of $260 per

ton ($237 per tonne) of VOC removed nationwide,

which translates to $563 per ton ($618 per tonne) when

proportioned for the usage by the 110 million out of 260

million Americans who live in nonattainment areas for

ozone.

USEPA noted that four states presently have

regulations governing the VOC content of some

consumer products: California, Massachusetts, New

York, and Texas. Representatives of the consumer

products industry expressed concern over the effect of

multiple standards nationwide. Further, 13 states

submitted VOC reductions through a federal consumer

products regulation as part of their 15 percent ROP

plans. In response, USEPA proposed the rule that

would regulate the VOC content of 24 categories of

consumer products, ranging from air fresheners to

automotive and household cleaners, hairsprays,

adhesives, household pesticides, nail polish removers,

and shaving creams. USEPA is trying to secure an 80

percent reduction in the emissions of VOC from this

aggregated source. The proposal is based on a survey

submitted to 3,700 manufacturers of consumer products.

The proposed federal standards are similar to those

submitted to USEPA by the consumer products industry,

and are consistent with the existing state rules.

SWA Phase III LDRs Adopted; Existing LDRs

Inorganic Wastes Codified

On April 8, 1996 (61 Fed. Reg. 15565), USEPA

adopted the Phase III land disposal restrictions (LDRs),

instituting treatment standards for wastes from

carbamate pesticide production and primary aluminum

production. In adopting this action, USEPA further

amended the LDRs applicable to hazardous wastes

exhibiting the characteristic of reactivity and

wastewaters that exhibit the characteristics of

ignitability, corrosivity, reactivity, or toxicity. USEPA

further codified its enforcement policy that combustion

is not an acceptable form of treatment for inorganic

wastes because the process dilutes rather than

effectively treats the constituents. The amendments

were largely effective on April 8, 1996, except that

portions of the LDRs will become effective on July 1,

1996, January 8, 1997, and April 8, 1998. Since the

amendments are based on the Hazardous and Solid

Waste Amendments of 1984 (HSWA), they will go into

effect in Illinois on their federal effective date without

regard to whether they have been incorporated into the

Illinois regulations.

Under HSWA, the land disposal of hazardous waste

is prohibited unless the waste is treated to meet USEPA-

established, best demonstrated available technology

(BDAT)-based standards. HSWA mandates that

USEPA establish standards for the treatment of land-

disposed hazardous waste. The present regulations are

Phase III of USEPA's efforts under that mandate. The

Phase III rules include treatment standards for two

"newly-listed" wastes: carbamate pesticide production

wastes and spent aluminum potliners from primary

aluminum production.

Along with the new Phase III LDRs, USEPA also

amended the LDRs applicable to three types of

corrosive characteristic wastewaters: (1) those treated

in a surface impoundment and ultimately discharged

under the Clean Water Act (CWA), (2) those given

CWA-equivalent treatment and land applied (not subject

to the CWA), and (3) those treated and disposed in non-

hazardous Class I wells subject to regulation under the

Safe Drinking Water Act (SDWA) under the

underground injection control (UIC) program. The

amended LDRs would require not only removal of the

hazardous characteristic, as in the prior regulations, but

also removal of hazardous constituents in the waste.

These amendments affected the existing UIC rules, the

RCRA Subtitle C rules, and the CWA wastewater

pretreatment rules. USEPA noted that legislation

presently pending in the Congress (HR 2036) could

affect the requirement of applying the LDRs to low-risk

decharacterized wastes managed in centralized

wastewater treatment systems.

The amendments relating to treatment of

characteristic wastes (i.e., ignitable, corrosive, reactive,

or toxic wastes) was prompted by a judicial decision in

Chemical Waste Management v. EPA

, 976 F.2d 2 (D.C.

Cir. 1992),

cert. denied

, 113 S. Ct. 1961 (1993). The

court held that merely treating a waste to remove the

characteristic that rendered it hazardous was

insufficient. Rather, treatment must also remove or

immobilize toxic constituents, except where the waste is

undergoing further treatment in a CWA-regulated

wastewater treatment system before disposal. USEPA

amended the LDRs for these wastes to assure treatment

for the underlying hazardous constituents.

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In adopting the amendments, USEPA observed that

the Hazardous Waste Identification Rule (HWIR),

proposed December 21, 1995 (60 Fed. Reg. 66344) is

presently pending. (See

issue 501, Feb.,

1996.)

USEPA is required by court order to finalize that

proceeding by December 15, 1996. When the HWIR is

adopted, those risk-based treatment standards will

supersede the lower BDAT-based standards of the Phase

III LDRs.

(Note: The Board will include this action in the

RCRA Subtitle C, UIC, and wastewater pretreatment

program update amendments for the period January 1

through June 30, 1996. Docket numbers have not yet

been assigned to those proceedings. Reservation of the

dockets customarily occurs immediately after the close

of the update period, i.e., around July 1, 1996 for these

llinois VI/M Program SIP Approved (R94-19 &

R94-20)

On April 9, 1996 (61 Fed. Reg. 15715), USEPA

adopted a direct final rule approving the state

implementation plan (SIP) for the Illinois vehicle

inspection and maintenance program (VI/M). The

VI/M revision is implemented for the Chicago and East

St. Louis (Metro East) metropolitan areas. The state is

required under the federal Clean Air Act (CAA) to

implement the program for the Chicago area by 2007;

the required implementation date for the Metro East

area is 1996. The program is part of the state's ozone

implementation plan. The approval will become

effective on June 10, 1996, unless expressly withdrawn

before that date. The notice of proposed rule appeared

in the same issue of the

Federal Register

(61 Fed. Reg.

15751).

The Board adopted regulations pertaining to the ve-

hicle inspection and maintenance program under the

Environmental Protection Act (Act; 415 ILCS 5) and

the Vehicle Emissions Inspection Law of 1995

(VEIL)(625 ILCS 5). In docket R94-19, using the "fast-

track" procedure of Section 28.5 of the Act and Section

13B-20 of VEIL, the Board adopted vehicle engine ex-

haust emission standards on December 1, 1994. In

docket R94-20, using the "identical-in-substance" pro-

cedure of Sections 7.2 and 28.4 of the Act and Section

13B-20(a) of VEIL, the Board adopted fuel system

evaporative emissions standards on the same date. The

Agency submitted the regulations to USEPA for SIP

review, together with other required elements of the

Illinois VI/M program, on June 26, 1995. The program

is in partial response to a 1989 agreement between

USEPA, the State of Illinois, and the State of Wiscon-

sin. The emissions reductions of 8.4 tons of volatile

organic material per day (tpd VOM) in the Chicago

metropolitan area and 0.2 tpd VOM in the metropolitan

E. St. Louis area are creditable towards the state's Rea-

sonable Further Progress (ROP) goal of 15

percent.

2

the CBOT

On April 10, 1996 (61 Fed. Reg. 15934), USEPA

announced the results of the 1996 sulfur dioxide (SO

2

)

allowances auction on the Chicago Board of Trade

(CBOT). This auction, the fourth annual auction of SO

2

emission allowances, which began in 1992 pursuant to

section 416 of the Clean Air Act,

(see issue 495, June-

July, 1995)

, sold spot (1996), 6-year (2002), and 7-year

(2003) allowances. The sales raised $18,276,768,

which USEPA will turn over to the utilities from which

it withheld the allowances or which offered the

allowances.

The federal acid rain program provides for trading in

emission allowances to reduce the total amount of acid

rain-causing pollutants emitted, in this instance SO

2

by

coal-fired utilities. An allowance is a transferable

authorization to emit a quantity of the pollutant of

concern. USEPA issued allowances to certain existing

utility facilities, and ultimately all utilities will receive

allowances and be required to use them to emit SO

2

. In

issuing the allowances, USEPA withheld 2.8 percent of

them from the utilities. It was that small withheld

segment and those contributed by utilities that were the

subject of the auction.

The results for the three categories of allowances at

auction were as follows:

CBOT received 139 bids for 911,735 1996

allowances. The auction sold 150,000

allowances (158,000 offered for sale: 150,000

withheld from the utilities and 8,000

voluntarily contributed by the utilities) to 47

successful bidders for $10,221,537 in the spot

auction. The prices for 1996 allowances

ranged from $66.05 to $300.00.

CBOT received 34 bids for 148,026 2002

allowances. The auction sold 25,000

allowances (32,000 offered: 25,000 unsold

from the 1995 direct sale and 7,000

contributed) to nine bidders for $1,633,986.

The prices ranged from $64.14 to $150.00.

CBOT received 92 bids for 404,634 2003 al-

lowances. The auction sold 100,000 allow-

ances (107,000 offered: 100,000 withheld and

7,000 contributed) to 25 bidders for

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ENVIRONMENTAL REGISTER NO. 504

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$6,421,245. The prices ranged from $63.01 to

$151.00.

nput Sought on Public Participation in RCRA Per-

mitting

On April 10, 1996 (61 Fed. Reg. 15942), USEPA

sought public input on expanding public participation in

permitting under the Resource Conservation and Recov-

ery Act of 1976 (RCRA). To further its objective of

expanding public participation, USEPA requested input

on forming a public participation bibliography, which

will identify documents and publications useful to per-

sons wanting to get involved in the RCRA permitting

process. USEPA will post the bibliography on the In-

ternet (EPA Home Page: http://www.epa.gov), in

USEPA publications, and via the RCRA/Superfund

Hotline (800-424-9346). Subject matters of particular

interest to USEPA include community organizing, envi-

ronmental justice, risk communication, creative prob-

lem-solving and alternative dispute resolution, environ-

mental activism, and information sharing. USEPA

stated that it is not interested in adding technical data

and documents to the

bibliography.

emoval of Obsolete, Superfluous, and Burdensome

Air and RCRA Subtitle D Rules

On April 11, 1996 (61 Fed. Reg. 16050) and on

April 26, 1996 (61 Fed. Reg. 18501), USEPA deleted

more obsolete, superfluous, and obsolete rules in one

direct final rulemaking and one final rulemaking.

USEPA undertook these actions as part of its ongoing

efforts in response to the March 4, 1995 Presidential

mandate that executive agencies review their rules and

delete obsolete and outdated provisions.

(See issue 496,

Aug.-Sept., 1995 and 503, Apr., 1996.)

Included

among the deleted provisions are those that are legally

obsolete, rules that duplicate statutory provisions or

guidance, and those that unduly restrict or inhibit

USEPA's discretion or that are otherwise unduly

burdensome. The deletions are not intended to have a

substantive effect on implementation of the programs

involved.

Among the rules that USEPA deleted from its air

regulations on April 11 are 40 CFR 51 national

provisions rendered obsolete by the Clean Air Act

Amendments of 1977 and 1990, some that duplicate

statutory provisions, another that was wholly precatory

in nature, and one that was rendered unnecessary by

recent USEPA access to certain data. Among the 40

CFR 52 state provisions deleted were some relating to

Illinois' implementation of the Clean Air Act programs,

such as obsolete attainment deadlines and certain federal

program elements superseded by federally-approved

state implementation plan (SIP) segments. These

deletions will become effective June 10, 1996 unless

expressly withdrawn before that time. The notice of

proposed amendments appeared in the same issue of the

Federal Register

(61 Fed. Reg. 16068).

The deletions of April 26 related to implementation

of the Resource Conservation and Recovery Act

(RCRA) Subtitle D requirements. USEPA removed 40

CFR 241, "Guidelines for the Land Disposal of Solid

Waste", which it originally adopted in 1974 pursuant to

the pre-RCRA provisions of the Solid Waste Disposal

Act. USEPA stated that the rules of 40 CFR 257 and

258, which implement RCRA Subtitle D, rendered part

241 unnecessary by addressing the same subject

matter.

mplementation of OECD Council Decision on Inter-

national Movements of Hazardous Waste for Recy-

On April 12, 1996 (61 Fed. Reg. 16289), USEPA

adopted amendments to the RCRA Subtitle C hazardous

waste regulations implementing the March 30, 1992

Organization for Economic Development (OECD)

"Council Decision C(92)39 Concerning the Control of

Transfrontier Movements of Wastes Destined for

Recovery Operations." USEPA stated that its action

was intended to assure that international shipments

between the U.S. and signatories to the 1992 Basel

Convention may proceed even though the U.S. is not

yet a signatory, although the U.S. is a member of the

OECD. The Basel Convention prohibits trade in certain

hazardous wastes unless complying agreements exist

relating to waste resource recovery. The covered

wastes include organic solvent wastes; waste petroleum

oils; PCB, PCT, and PBB wastes; household wastes;

and used oils. All other shipments of wastes for all

other purposes will remain subject to the existing RCRA

Subtitle C regulations. USEPA amended all parts of the

federal hazardous waste regulations, except the land

disposal restrictions, to begin implementing the

provisions of the 1992 Basel Convention. The

amendments are effective July 11, 1996. USEPA

intends further actions to implement the Convention.

The covered wastes are divided into "green-",

"amber-", and "red-list" wastes. Green-list waste is

presumed non-hazardous, and those on the amber and

red lists are presumed hazardous. The movement of

red-list waste is presumed more hazardous than amber-

list waste due to the nature of the resource recovery or

of the waste itself. Shipments of green-list waste are

subject to the constraints of normal commercial

transactions, but not additional controls. Shipments of

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amber-list waste are subject to the amber-list control

system, which would require that the transaction be

subject to a written contract that provides for pre-

shipment notification and alternative arrangements in

the event of various contingencies. The conditions for

shipments of red-list waste are similar to those for

amber-list waste, with the notable exception that the

receiving and transit countries' tacit agreement (through

a failure to object to the shipments) is not enough to

allow the transfer to proceed. Shipments of red-list

waste require the prior written approval of the receiving

and transit countries.

(Note: USEPA observed that although the regula-

tion of international commerce is reserved to the federal

government, it may delegate certain activities to the

states. The Board will carefully review the federal

amendments to determine what changes may be required

in the next, as-yet unreserved RCRA Subtitle C update

docket for this time period to maintain consistency with

the federal regulations and to assure that the Illinois

rules properly and adequately inform the regulated

community as to the hazardous waste requirements that

would apply under particular

circumstances

.

roposed Amendments to the SDWA Lead and

Copper Rules to Facilitate Implementation

On April 12, 1996 (61 Fed. Reg. 16347), USEPA

proposed minor amendments to the lead and copper

rules of the primary drinking water regulations intended

to facilitate implementation of the lead and copper

control program. USEPA stated that its proposed minor

amendments were intended to eliminate unnecessary

requirements, to reduce the burden of the reporting

requirements, and to facilitate uniform national

implementation of the rules.

USEPA adopted the lead and copper rules on June 7,

1991 (56 Fed. Reg. 26460) to reduce the lead and

copper levels at the consumer's tap as close as possible

to the maximum contaminant level goal (MCLG). The

tiered rules require periodic inspections of public water

systems to determine whether a problem exists, and they

set forth various staged corrective measures a that

supplier must undertake if a problem is found to exist.

USEPA formed a work group, including USEPA

headquarters and regional staff and several state

officials, to study the regulations and their

implementation. The workgroup recommended a

number of revisions to the regulations. As a result,

USEPA has proposed a number of minor amendments to

implement the recommendations of the work group.

Several areas of the regulations are potentially impacted

by the proposal. These include optimization of

corrosion control, reduced monitoring, waivers for "all

plastic" systems, sampling site selection, public

education, sample holding times, and water quality

monitoring requirements, among others.

Two additional proposed amendments resulted from

the litigation in

American Water Works Assoc. v. EPA

,

40 F.3d 1266 (D.C. Cir. 1994). The first amendment,

resulting from the settlement of the litigation, would

authorize the states to invalidate the results of lead and

copper monitoring under certain circumstances. The

second, which resulted from the court's decision, would

amend the definition of "control" over a lead service

line. The court had earlier vacated USEPA's definition

of "control" over a lead service connection to the extent

it would require the supplier to exert "control" over a

privately-owned service connection. Under this

decision, USEPA cannot require a supplier to replace a

lead service line if it lies on private property. This is

different from USEPA's approach under 40 CFR

141.84(d), which requires replacement of a lead service

line up to the building inlet unless the supplier can

demonstrate that it does not control the line, and

141.84(e), which presumes supplier control over the

service line in the absence of certain proofs by the

supplier to the contrary. In response, USEPA proposed

a revised definition that would require replacement only

of that portion that the supplier has the legal authority to

replace.

Finally, USEPA noted that the

American Water

Works

litigation challenged the exclusion of transient,

non-community water systems from the lead and copper

rules. Although USEPA did not propose any amend-

ment to this aspect of the rules and stated that it thought

that the exclusion was appropriate, USEPA stated that it

is presently collecting further information for review

and comment with regard to the

exclusion.

roposed Deletion of Explosives from CAA Release

Reporting Requirements; Proposed Exemption for

Gasoline from Threshold Quantity Determinations;

Proposed Stay of Potentially Affected Rules

On April 15, 1996 (61 Fed. Reg. 16598), USEPA

proposed deleting Division 1.1 explosives from the

release reporting requirements under Section 112(r) of

the Clean Air Act (CAA). USEPA further proposed to

delete regulated flammable substances in gasoline and

naturally-occurring hydrocarbon mixtures prior to

processing from the threshold quantity determination

requirements. Finally, USEPA proposed clarification

that the definition of "stationary source" does not

include naturally-occurring hydrocarbon reservoirs and

that the Chemical Accident Prevention Provisions do

not apply to sources on the outer continental shelf.

USEPA intends that the proposed amendments would

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ENVIRONMENTAL REGISTER NO. 504

9

allow a better focus of accident prevention efforts on

high-hazard operations and avoid duplication of efforts

with other regulatory requirements. In the same issue

of the

Federal Register

, USEPA proposed staying the

segments of the 40 CFR 68 rules that would be affected

by the proposed amendments.

Federal CAA section 112(r) contains requirements

related to prevention of accidental releases, to prevent

accidental releases and minimize the consequences of

releases. It required USEPA to promulgate a list of

"regulated substances" that could cause death, injury, or

serious adverse effects to human health and the

environment in the event of an accidental release.

USEPA's final rule on the list of substances and

thresholds promulgated the regulated list of substances

and thresholds that identify sources subject to the

accident prevention rules on January 31, 1994 (59 Fed.

Reg. 4478). Stationary sources that have more than a

threshold quantity of a regulated substance are subject

to accident prevention regulations promulgated under

CAA section 112(r)(7), including the requirement to

develop risk management plans. USEPA stated that it

intends to adopt an accident prevention rule in late

Spring 1996.

In the list of regulated substances, USEPA included

77 acutely toxic substances, 63 flammable gases and

volatile flammable liquids, and Division 1.1 high explo-

sive substances, as listed by United States Department

of Transportation regulations. The threshold quantities

for toxic substances range from 500 to 20,000 pounds.

Following EPA's promulgation of regulated substances

and thresholds in the List Rule, litigation, in

American

Petroleum Institute v. EPA

, No. 94-1273 (D.C. Cir.),

and consolidated cases, and members of the regulated

community raised a number of issues concerning the list

and thresholds. As a result, USEPA proposed the vari-

ous amendments to the

rules.

inal Report of the Federal Facilities Environ-

mental Restoration Dialog Committee Available

On April 16, 1996 (61 Fed. Reg. 16632), USEPA

announced the availability of the final report of the

Federal Facilities Environmental Restoration Dialog

Committee (FFERDC), an advisory committee

chartered by USEPA. The report, dated April, 1996,

presents consensus principles and recommendations for

improving Federal facilities cleanup. FFERDC

included members from the federal Departments of

Agriculture, Defense, Energy, and Interior; USEPA;

the National Oceanic and Atmospheric Administration;

the Agency for Toxic Substances and Disease Registry;

state, tribal, and local governments; and national,

regional, and locally based environmental, community,

environmental justice, and labor organizations.

USEPA estimated that the federal government is

responsible for addressing contamination at more than

61,000 sites at a cost of between $230 and $390 billion

over the next 75 years. The final report provides con-

sensus approaches for involving stakeholders in cleanup

and funding decisions at federal facilities. The report

includes chapters on the principles for environmental

cleanup of federal facilities, community involvement,

advisory boards, funding and priority setting, and ca-

pacity

building.

mendment of FIFRA Policy on Sale, Distribu-

pended Pesticides

On April 16, 1996 (61 Fed. Reg. 16632), USEPA

announced that it was amending its June 26, 1991 (56

Fed. Reg. 29362) policy on the sale, distribution, and

use of existing stocks of pesticide whose registration is

amended, canceled, or suspended under the Federal

Insecticide, Fungicide, and Rodenticide Act (FIFRA).

USEPA announced that it will provide an opportunity

for public comment before it would modify the existing

stocks provision for any canceled pesticide, except in

the case of an emergency. USEPA stated that it would

publish its final decision in the

Federal Register

.

Since 1991, the policy, entitled "Existing Stocks of

Pesticide Products; Statement of Policy" has established

the policies that USEPA would generally follow in

making individual decisions concerning whether, and

under what conditions, USEPA would permit the

continued sale, distribution, and use of existing stocks

of pesticide products whose registrations under FIFRA

were amended, canceled, or suspended. In general, if

there are significant risk concerns associated with a

canceled pesticide, the Agency will not allow continued

sale, distribution, or use of the product, unless the

benefits will exceed the risks involved. Where there are

no significant risk concerns associated with the

cancellation of a pesticide, USEPA states that it will

generally allow the unlimited use of existing stocks, and

unlimited sale by persons other than the registrant.

USEPA stated that it will generally allow a registrant to

continue to sell existing stocks for one year after

cancellation.

The United Farmworkers of America sued USEPA

in 1995 in the District of Columbia district court over a

cancellation order. As a result of a settlement agree-

ment, USEPA amended its existing stocks policy to

permit a greater degree of public involvement in its ex-

isting stocks dispositions. USEPA intends to apply its

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revised policy without regard to the statutory mecha-

nism it uses to cancel the pesticide

registration.

Standards for Hazardous Waste Combustors

On April 19, 1996 (61 Fed. Reg. 17357), USEPA

proposed amendments to its Clean Air Act (CAA) and

Resource Conservation and Recovery Act (RCRA) Sub-

title C hazardous waste regulations. The amendments

would revise the standards applicable to hazardous

waste combustors, those operating hazardous waste in-

cinerators, hazardous waste-burning cement kilns, and

hazardous waste-burning lightweight aggregate kilns.

USEPA proposed the amended standards under joint

authority of the CAA and RCRA. The revised stan-

dards would limit emissions of chlorinated dioxins and

furans, other toxic organic compounds, toxic metals,

hydrochloric acid, chlorine gas, and particulate matter

from combustors. They would reflect the application of

the maximum achievable control technologies (MACT),

as specified by the CAA. USEPA stated that it antici-

pates that the MACT standards would result in greater

protection of human health and the environment than is

possible using the existing RCRA standards. The pro-

posal also includes the addition of hazardous

waste-burning lightweight aggregate kilns to the list of

source categories, in accordance with CAA section

112(c)(5); the exemption of secondary lead facilities

subject to MACT from RCRA emission controls; con-

sideration of the exclusion of certain "comparable fu-

els;" and revision of the boiler and industrial furnace

(BIF) rule small quantity burner

exemption.

ethod Added for Determination of Cadmium,

pal Waste Combustors

On April 25, 1996 (61 Fed. Reg. 18260), USEPA

added new Method 29, "Determination of Metals Emis-

sions from Stationary Sources", to 40 CFR 60, Appen-

dix A. This method is intended for use in determining

the cadmium, lead, and mercury emissions from mu-

nicipal waste combustors. USEPA simultaneously made

conforming amendments to Method 101A of 40 CFR

61, Appendix B, to provide consistency with new

Method 29, and to the procedures for sample collection

and

handling.

all for Instrument Panel Supplier Participation in

Project

On April 29, 1996 (61 Fed. Reg. 18728), USEPA

called for suppliers of automotive instrument panels to

participate in the Life Cycle Management/Supplier

Partnership (LCM/SP) Project Team of the Automobile

Manufacturing Sector Subcommittee of the Common

Sense Initiative (CSI). The project team is seeking to

reduce the overall environmental impacts of automobile

manufacturing by developing principles and strategies

for life cycle management in automobile manufacturing

and to voluntarily demonstrate or pilot test those

principles and strategies.

The CSI is a USEPA-sponsored program to involve

stakeholders in the identification of "cleaner, cheaper,

and smarter" solutions to environmental challenges. It

currently embraces six industrial sectors, including the

automobile manufacturing sector. A number of projects

within the CSI Automobile Manufacturing Sector in-

volve alternative regulatory system development, com-

munity-based technical assistance and involvement, in-

put on existing regulations, and the development and

demonstration of principles and strategies for life cycle

management. The LCM/SP Project Team was initially

established in January of 1995 with the creation of CSI.

It includes representatives from auto manufacturers and

trade associations, USEPA, state environmental agen-

cies, and environmental and community

groups.

imited Extension of Enforcement Policy of RCRA

Facilities

On April 26, 1996 (61 Fed. Reg. 18588), USEPA

announced a limited extension of its civil enforcement

policy on a statutory provision. The policy, initially

published on August 29, 1991 (56 Fed. Reg. 42730),

relates to the Resource Conservation and Recovery Act

(RCRA) section 3004(j) prohibition against storage of

waste at generator facilities that produced "mixed

waste", i.e., mixtures of hazardous and radioactive

waste. Under the policy, USEPA has stated that it will

view violations involving relatively small quantities of

mixed waste as a low priority, since USEPA views

other facilities as having a higher priority. The policy

applies to mixed waste that is prohibited from land dis-

posal for which there are no available options for treat-

ment or disposal. The announcement extends the effec-

tiveness of the policy for an additional two years, effec-

tive April 21, 1996, until April 20, 1998. USEPA had

previously extended the policy on April 20, 1994 (59

Fed. Reg.

18813).

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ENVIRONMENTAL REGISTER NO. 504

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roposed RCRA Subtitle C Standards for Man-

Actions

On April 29, 1996 (61 Fed. Reg. 18779), USEPA

proposed new regulations for the management of

contaminated media (soils, groundwater, and sediments)

produced in the course of government-monitored

remedial actions. The new regulations, proposed as 40

CFR 269, would apply to those wastes currently

regulated under the RCRA Subtitle C hazardous waste

rules. USEPA proposed the rules as part of the

President's regulatory reform initiative.

The proposal makes a number of changes in the ex-

isting hazardous waste regulations. It would establish

modified land disposal restriction (LDR) treatment re-

quirements and modified permitting requirements for

higher-risk contaminated media that remain subject to

the hazardous waste regulations. The proposal would

authorize the removal of lower-risk contaminated media

from most of the burden of those rules. Units managing

contaminated media would no longer need to meet the

minimum technological requirements (MTRs). The

amendments would withdraw the existing standards for

corrective action management units (CAMUs) that

USEPA adopted on February 16, 1993 (58 Fed. Reg.

8658), and management of dredged material permitted

under the Clean Water Act (CWA) or the Marine Pro-

tection, Research, and Sanctuaries Act (MPRSA) would

no longer be required. Other amendments would re-

vised the rules for federal authorization of state RCRA

Subtitle C programs to streamline the process for this

proposed rule; for the proposed Hazardous Waste Iden-

tification Rule (HWIR), proposed by USEPA on De-

cember 21, 1995 (60 Fed. Reg. 66344;

see issue 501,

Feb., 1996

); and for the revised standards for hazardous

waste combustion facilities, proposed on April 19, 1996

(61 Fed. Reg. 17357

).

 

roposed National CAA VOM Standards for

Automobile Refinish Coatings

On April 30, 1996 (61 Fed. Reg. 19005), USEPA

proposed national volatile organic material (VOM)

standards for automobile refinish coatings. This is the

first phase of amendments to control VOM emissions

from consumer products, as required under section

183(e) of the Clean Air Act (CAA), based on USEPA's

determination that emissions from consumer products

can contribute to tropospheric ozone formation.

Section 183(e) requires USEPA to study the impact

of volatile organic compound (VOC, which is the same

as "volatile organic material" or "VOM" in the Illinois

regulations) emissions from consumer and commercial

products and report to Congress. USEPA submitted the

required report on March 15, 1995 and established a

priority list for future regulations. Consumer and

commercial products account for 80 percent of VOC

emissions in ozone nonattainment areas in the U.S., on

a reactivity-adjusted basis. USEPA divided the universe

of consumer products into four categories, with a set of

regulations due for each succeeding group every two

years. Automobile refinish coatings are in the first

group, with regulations due by March, 1997. The

product groups were listed on March 23, 1995 (60 Fed.

Reg. 15264) as follows:

Group I (due in 1997): consumer products (24

categories), shipbuilding and repair coatings, aerospace

coatings, architectural coatings, autobody refinishing

coatings, aerosol spray paints, and wood furniture

coatings.

Group II (due in 1999): lithographic printing materials,

industrial cleaning solvents, flexible packaging printing

materials, and flat wood paneling coatings.

Group III (due in 2001): miscellaneous metal products

coatings, large appliance coatings, fiberglass boat

manufacturing materials, and miscellaneous industrial

adhesives.

Group IV (due in 2003): paper, film, and foil coatings;

letterpress printing materials, plastic parts coatings,

metal furniture coatings, auto and light truck assembly

coatings, and petroleum dry-cleaning solvents.

Significant Other Categories (within the scope of CAA

section 183(e), yet not within a prospective regulated

product group): agricultural pesticides, rotogravure

publication printing materials, nonautomotive paint

thinners, cutback asphalt paving materials, synthetic

fiber spinning materials, metal can coatings, tire-

manufacturing cements, metal coil coatings, roofing

materials, magnet wire coatings, mold release agents,

and all other consumer products.

USEPA estimated that the regulation of the four

product groups would cover 80 percent of domestic

VOM emissions:

Group I: 1,197,000 tons per year (tpy)

(1,085,000 megagrams per year

(tonne/yr)).

Group II: 1,030,000 tpy (934,000 tonne/yr).

Group III: 460,000 tpy (418,000 tonne/yr).

Group IV: 388,000 tpy (352,000 tonne/yr).

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Total (all four Groups): 3,075,000 tpy

(2,789,000 tonne/yr).

Total Significant Other Categories (for which

there is no prospective group and

controls): 687,000 tpy (623,000

tonne/yr.

National VOM Total Emissions: 3,838,000 tpy

(3,482 tonne/yr)

Based on the figures set forth by USEPA in its

original March, 1995 proposal, the emissions from the

automobile refinishing coatings category account for

94,300 tpy (85,500 tonne/yr) nationally. The

regulations will include requirements for labeling the

products, their VOM contents, and manufacturer

recordkeeping and reporting requirements. They will

go into effect four months after they appear in the

Federal Register

. USEPA estimated in adopting the

regulation that the rule would reduce VOM emissions

by 35,800 tpy (32,500 tonne/yr), with some added

reductions in hazardous air pollutant (HAP) emissions.

USEPA estimated that cost of the regulation at

$4,500,000 annually, or $126 per ton ($140 per tonne)

of VOM eliminated.

USEPA proposed emission standards for consumer

products on April 2, 1996 (61 Fed. Reg. 14531).

USEPA estimated that those proposed emission stan-

dards would reduce VOC emissions nationally by

90,000 tons per year, at a cost of $260 per ton ($237 per

tonne) of VOC removed nationwide (which USEPA

translated to $563 per ton ($618 per tonne) when pro-

portioned for the usage by the 110 million out of 260

million Americans who live in nonattainment areas for

ozone).

 

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F

inal Decisions 4/4/96

inal Decisions 4/4/96

92-99

A. B. Dick Company, Inc. v. EPA

- The Board granted

voluntary dismissal of this underground storage tank fund

reimbursement determination appeal involving a Cook County

facility.

95-135

People of the State of Illinois v. Harper-Wyman Company

-

- The Board accepted a stipulation and settlement agreement in

this special waste hauling enforcement action involving a

Randolph County facility, ordered the respondent to pay a civil

penalty of $5,000.00, and ordered it to cease and desist from

further violation.

96-59

Earle Aronson (Don’s Gas for Less) v. Office of The State

Fire Marshal

- The Board granted voluntary dismissal of this

underground storage tank fund reimbursement determination

appeal involving a Kane County facility.

96-134

Schilling Petroleum Company v. EPA

- Having previously

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

dismissed this underground storage fund reimbursement

determination appeal because no petition was timely filed on behalf

of this St. Clair County facility.

96-203

People of the State of Illinois v. L. Keller Oil Properties,

Inc., a Delaware corporation; and Charles F. Keller

- The Board

granted voluntary withdrawal of this underground storage tank

enforcement action against a Madison County facility.

96-210

Richardson Electronics, Ltd. v. EPA

- Upon receipt of an

Agency recommendation, the Board granted a thirty 30-day prov

i-

sional variance from the ninety 90-day limitation on the accumul

a-

tion of hazardous wastes at this Kane County facility.

AC 94-24

EPA v. Frank Blair

- The Board accepted a joint

stipulation and settlement agreement, dismissed this administrative

citation filed against a Cass County facility, and ordered the

respondent to pay a civil penalty of $500.00

AC 96-2

EPA v. William Hanna

- The Board granted voluntary

withdrawal of a petition to review this administrative citation filed

against a Carroll County respondent and entered a default order,

finding that this had violated Section 21(o)(1) of the Act and

ordering him to pay a civil penalty of $500.00.

AC 96-35

LaSalle County v. CSX Transportation, Inc.

- The

Board entered a default order, finding that this LaSalle County

respondent had violated Sections 21(p)(1) and 21(p)(3) of the Act

and ordering it to pay a civil penalty of $1,000.00.

AS 96-5

In the Matter of: Illinois Department of Transportation,

District 8 petition for an Adjusted Standard from 35 Ill. Adm. Code

Part 304.124

- The Board granted this Madison County facility an

adjusted standard, with conditions, from the total suspended solids

effluent requirements of the water pollution control regulations.

R92-8

In the Matter of: Proposed Amendments to 35 Ill. Adm.

Code Subtitle C (Water Toxics and Bioaccumulation)

-

See

Rulemaking Update

R94-30

In the Matter of: Commonwealth Edison Company

petition a site-specific regulation for Existing Landfills and Units

from 35 Ill. Adm. Code Part 811-814

-

See Rulemaking Update.

R92-8

In the Matter of: Proposed Amendments to 35 Ill. Adm.

Code Subtitle C (Water Toxics and Bioaccumulation)

- Among

other factors, the Board found that existing regulatory and other

mechanisms were adequate to enhance Illinois stream water

quality and dismissed this citizens group’s petition for water

quality amendments.

R94-30

In the Matter of: Commonwealth Edison Company pet

i-

tion a site-specific regulation for Existing Landfills and Units from

35 Ill. Adm. Code Part 811-814

- The Board granted voluntary

withdrawal of this petition for site-specific

regulations relating

to the leachate management, groundwater monitoring,

and final cover requirements that would apply to this

Will County landfill.

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ENVIRONMENTAL REGISTER NO. 504

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inal Decisions 4/18/96

inal Decisions 4/18/96

91-206

Clayton Chemical Company v. EPA

- The Board

accepted a stipulation and granted voluntary dismissal of

this RCRA Subtitle C permit appeal filed on behalf of a

St. Clair County facility.

92-131

C.O.A.L. (Citizens Opposed to Area Landfills) v.

Laidlaw Waste Systems, Inc. and the Perry County Board

of Commissioners)

- Having previously remanded this

matter in response to a mandate of the Fifth District

appellate court, which reversed and remanded the

Board’s order of January 21, 1993, in order to allow the

withdrawal of the application for local siting approval

filed on behalf of a proposed Perry County facility, and

having received a certified copy of the Perry County

Board of Commissioners minutes noting the withdrawal,

the Board closed this docket.

95-161

S & C. Electric Company, Inc. v. EPA

- The

Board granted voluntary dismissal of this petition filed

on behalf of a Cook County facility for a variance from

certain of the volatile organic material emissions

requirements of the air pollution control regulations

applicable to coating operations located in the Chicago

metropolitan area.

95-175

People of the State of Illinois v. Polymer Color,

Inc.

 

- The Board accepted a stipulation and settlement

agreement in this air enforcement action against a

McHenry County facility, ordered the respondent to pay a

civil penalty of $18,000.00, and ordered it to cease and

desist from further violation.

AC 96-39

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

n-

neth O'Hara and Madalyn O'Hara

- The Board entered a

default order, finding that these Cass County respondents

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

them to pay a civil penalty of $500.00.

N

N

ew Cases 4/4/96

ew Cases 4/4/96

96-175

Caterpillar, Inc. v. EPA - Having previously

granted an extension of time to file, the Board accepted

a timely-filed land permit appeal on behalf of a Peoria

County facility for hearing.

96-191

White Cap, Inc. v. EPA - The Board accepted

this petition for air variance involving a Cook County

facility for hearing.

96-195

City of Prospect Co. v. EPA - The Board

ordered the filing of an amended petition for a variance

from certain of the restricted status and standards for

issuance requirements of the public water supply

regulations as they apply to the radium content of the

drinking water provided by this Cook County facility.

96-198

Land And Lakes Company v. EPA - The Board

vacated its earlier order accepting this petition for a six-

month variance from the deadline of the land pollution

control regulations for this existing Cook County land-

fill to file an application for significant modification and

held it for the Agency’s recommendation.

96-200

People of the State of Illinois. v. Pelmore

Construction, Inc. a dissolved Illinois corporation, and

Eddie L. Pelmore, individuality and as President of

Pelmore Construction, Inc. - The Board accepted this

air enforcement action against a Champaign County

facility for hearing.

96-201

People of the State of Illinois. v. Coalville

Road Enterprises, Inc., an Illinois corporation, f/k/a

Streator Area Landfill, Inc., an Illinois corporation

-

The Board accepted this land enforcement action against

a Livingston County facility for hearing.

96-202

People of the State of Illinois. v. Donald and

Robert Hastie, d/b/a Hastie Trucking and Mining

Company, a Partnership - The Board accepted this air

enforcement action against a Hardin County facility for

hearing.

96-203

People of the State of Illinois v. L. Keller Oil

Properties, Inc., a Delaware corporation; and Charles

F. Keller -

See Final Decisions

.

96-204

Downtown Oil v. EPA - The Board accepted

this request for 90-day extension of time to file an

underground storage tank reimbursement determination

appeal on behalf of a Cook County facility.

96-205

Daily Southtown, Inc. v. EPA - The Board

accepted this request for 90-day extension of time to file

an air permit appeal on behalf of a Cook County

facility.

96-206

  

Anne Shepard, James Verhan, and Jerold

Leckman v. Northbrook Sports Club - The Board held

this citizen's noise enforcement action filed against a

Lake County facility for a frivolous and duplicitous

determination.

---

ENVIRONMENTAL REGISTER No. 504

May, 1996

14

96-207

People of the State of Illinois. v. Piece Work

Specialists, Inc., an Illinois corporation - The Board

accepted this RCRA enforcement action filed against a

Tazewell County facility for hearing.

96-208

People of the State of Illinois. v. Frank

Merkendorf, Belden Tools, Inc., and Phil Pinello - The

Board accepted this RCRA enforcement action filed

against a DuPage County facility for hearing.

96-209

People of the State of Illinois. v. Macon County

Landfill Corporation - The Board accepted this land

enforcement action filed against a Macon County

facility for hearing.

96-210

Richardson Electronics, Ltd. v. EPA -

See

Final Decisions

AC 96-42

EPA v. John Sharp d/b/a John’s Auto Sa

l-

vage - The Board received an administrative citation

against a Montgomery County respondent.

AC 96-43

EPA v. Envirofil of Illinois, Inc. - The

Board received an administrative citation against a

McDonough County respondent.

AS 95-9

In the Matter of: Commonwealth Edison

Company petition for an Adjusted Standard from 35 Ill.

Adm. Code Part 811.814 - The Board acknowledge re-

ceipt of this petition for an adjusted standard from cer-

tain of the leachate collection and management,

groundwater monitoring and well location, zone of at-

tenuation, and other requirements of the land pollution

control (landfill) regulations filed on behalf of a Will

County facility and held it pending receipt of publica-

tion.

N

N

ew Cases 4/18/96

ew Cases 4/18/96

96-211

People of the State of Illinois. v. Classic Mold

Company, Inc., an Illinois corporation and Larry

Caldrone - Upon receipt of a proposed stipulation and

settlement agreement and an agreed motion for relief

from the hearing requirement, the Board ordered

publication of the required newspaper notice in this air

enforcement action against a Cook County facility.

96-212

People of the State of Illinois. v. Egyptian

Community School District Unit #5 - Upon receipt of a

proposed stipulation and settlement agreement and an

agreed motion for relief from the hearing requirement,

the Board ordered publication of the required newspaper

notice in this water enforcement action against a Cook

County facility.

96-213

Edelstein Water Coop. v. EPA - The Board

held this petition for a variance from the restricted

status and standards for issuance requirements of the

public water supply regulations, as they apply to the

combined radium and gross alpha contents of the

drinking water provided by this Peoria County facility,

for an Agency recommendation.

96-214

People of the State of Illinois. v. Brass Foundry

Company, Inc., an Illinois corporation - The Board

accepted this RCRA enforcement action against a Peoria

County facility for hearing.

96-215

Illinois State Toll Highway Authority v. EPA

, -

The Board accepted this underground storage tank fund

reimbrusement determination appeal filed on behalf of a

DuPage County facility for hearing.

96-216

Richard Johnson v. EPA - The Board accepted

this request for 90-day extension of time to file an

underground storage tank appeal on behalf of a

McHenry County facility.

96-217

Jewel Food Stores, Inc. v. EPA - The Board

accepted this request for 90-day extension of time to file

an underground storage tank fund reimbursement

determination appeal on behalf of a Cook County

facility.

96-218

Mobil Oil Corporation v. EPA - The Board held

this petition filed on behalf of a Will County facility for

an extension of the variance from certain of the ammo-

nia nitrogen effluent requirements of the water pollution

control regulations granted March 3, 1994 in PCB 93-

151 for the Agency recommendation

.

C

C

ALENDAR OF HEARINGS

ALENDAR OF HEARINGS

---

May, 1996

ENVIRONMENTAL REGISTER NO. 504

15

All hearings held by the Board are open to the public. Times and locations are subject to cancellation and rescheduling

without notice. Confirmation of hearing dates and times is available by calling the Clerk of the Board at 312- 814-6931.

22-May-96

09:30 A.M.

PCB 96-086

P-A, Land

BFI Modern Landfill #1 & #2 v. IEPA

--Regional State Hea

d-

quarters Complex, IDOT Conference Room, 1100 E. Port Plaza

Drive, Collinsville, Illinois

23-May-96

09:30 A.M.

PCB 96-086

P-A, Land

BFI Modern Landfill #1 & #2 v. IEPA

--Regional State Hea

d-

quarters Complex, IDOT Conference Room, 1100 E. Port Plaza

Drive, Collinsville, Illinois

29-May-96

10:00 A.M.

PCB 96-118

A-E

People of the State of Illinois v. Dennis Fults d/b/a St. Clair

Construction and Paving

--Illinois Pollution Control Board, Suite

402, 600 South Second Street, Springfield, Illinois

29-May-96

11:00 A.M.

PCB 95-162

L-V

Illinois Landfill, Inc. v. IEPA

--Vermilion County Courthouse

Annex, Room 319, 6 North Vermilion, Danville, Illinois

30-May-96

10:00 A.M.

PCB 96-068

A-E, Citizens

Donetta Gott, Lyndell Chaplin, Gary Wells, Earnest L. Ellison

and Maxine Ellison v. M'Orr Pork, Inc.

--Pike County Cour

t-

house, 204 East Adams, Pittsfield, Illinois

04-Jun-96

09:30 A.M.

PCB 96-151

L-E, Citizens

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

Chicagoland Mortgage Corporation

--James R. Thompson Ce

n-

ter, Suite 11-500, 100 West Randolph Street, Chicago, Illinois

20-Jun-96

10:00 A.M.

PCB 96-069

N-E, Citizens

Thomas Corning and Kimberly Corning v. Thurela's, Pam and

Arthur Hegji as owners

--Libertyville Village Hall, 118 West

Cook Street, Libertyville, Illinois

24-Jun-96

10:30 A.M.

R96-003

R, Land

In the Matter of: Illinois Cast Metals Association Proposed

Amendments to for Existing Landfills Accepting Potentially

Usable Steel or Foundry Industry Waste: 35 Ill. Adm. Code

814.902 (Standards for Operation and Closure)

--James R.

Thompson Center, Room 9-040, 100 West Randolph Street,

Chicago, Illinois

26-Jun-96

10:00 A.M.

R96-003

R, Land

In the Matter of: Illinois Cast Metals Association Proposed

Amendments to for Existing Landfills Accepting Potentially

Usable Steel or Foundry Industry Waste: 35 Ill. Adm. Code

814.902 (Standards for Operation and Closure)

--Madison

County Administrative Building, Board Room, 157 North Main

Street, Edwardsville, Illinois

28-Jun-96

11:00 A.M.

PCB 96-147

W, Mine-E

People of the State of Illinois v. Illinois Cement Company

--

LaSalle County Courthouse, Courtroom 206, 119 West Madison,

Ottawa, Illinois

01-Jul-96

10:00 A.M.

PCB 96-053

N-E, Citizens

David and Susi Shelton v. Steven and Nancy Crown

--James R.

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

Chicago, Illinois

---

ENVIRONMENTAL REGISTER No. 504

May, 1996

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

RCRA

Resource Conservation and Recovery

Act proceeding (hazardous waste only)

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

---

May, 1996

ENVIRONMENTAL REGISTER NO. 504

17

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 Agency determination that a sewer or lift

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

may no longer be issued without causing a violation of the Act or Regulations. Please note that the list is continually being revised to reflect the

current situation. Therefore, if you have any questions on the capability of a treatment facility or transport system, please contact this Agency for a

final determination. This listing reflects the status as of March 31, 1996.

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

Astoria-Washington and Lincoln

Town of Astoria

Fulton

0

St. Overflow; Adams & State

St. Overflow**

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. 504

May, 1996

18

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 Environmental

Protection Agency has prepared the following list of facilities which are on Critical Review. Critical Review as defined as the Agency

determination that a sewer or lift station is approaching hydraulic capacity or that a sewage treatment plant is approaching design capacity such that

additional sewer connection permit applications will require close scrutiny to determine whether issuance would result in a violation of the Act or

Regulations. Please note that these lists are continually being revised to reflect the current situation. Therefore, if you have any questions on the

capability of a treatment facility or transport system, please contact the Agency for a final determination. This listing reflects the status as of

March 31, 1996.

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

PE ADDED

FACILITY

RESPONSIBLE

REMAINING

SINCE

NAME

AUTHORITY

COUNTY

CAPACITY

LAST LIST

Beardstown Sanitary Dist.**

City of Beardstown

Cass

1,900

0

Beecher STP

Village of Beecher

Will***

87

89

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

0

Carrier Mills

Village of Carrier Mills

Saline

836

0

Carrollton

City of Carrollton

Greene

140

0

Chester

City of Chester

Randolph

26

0

Citizens Utilities of Ill.

Citizens Utilities of Ill.

Will

0

0

Derby Meadows Utility Co. STP

Citizens Utilities of Ill.

Citizens Utilities of Ill.

Will

10

0

River Grange**

Crest Hill - West STP

City of Crest Hill

Will

0

627

Creve Coeur

Village of Creve Coeur

Tazewell

2,330

0

Downers Grove Sanitary Dist.

Downers Grove S.D.

DuPage

8,110

71

Earlville

City of Earlville

LaSalle

215

0

East Dundee STP

Village of E. Dundee

Kane

933

50

Elkville

Village of Elkville

Jackson

6

0

Elmhurst

City of Elmhurst

DuPage

0

0

Findlay

Village of Findlay

Shelby

60

0

Hebron

Village of Hebron

McHenry

0

0

Herrin

City of Herrin

Williamson

710

25

Herscher

Village of Herscher

Kankakee

365

0

Highland STP

City of Highland

Madison

523

0

Hoopeston

City of Hoopeston'

Vermilion

0

0

CLPWD-Deerfield Rd. Interceptor

County of Lake Public Works Dept.

Lake

***

0

CLPWD-Diamond-Sylvan STP

County of Lake Public Works Dept.

Lake

248

0

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

0

O'Fallon

City of O'Fallon

St. Clair

460

190

Orangeville

Village of Orangeville

Stephenson

0

0

Pearl City

Village of Pearl City

Stephenson

0

0

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: Kildeer-Bishop-Ridge STP

***Contact IEPA - Permit Section