1. ourth District Affirms BoardDecision in ESG Watts
      2. ongratulations to Chairman’sAssistant
      3. oard Welcomes NewEmployees to Staff
      4. CRA Update Adopted;Statement Of Reason For
      5. Delay Adopted, R95-20
      6. IPCB Attorney Positions Open
      7. rivate Secretary Completes Law School
  1. July, 1996 ENVIRONMENTAL REGISTER NO. 506
      1. ew Utility Waste Landfill Standards ProposedFor Second Notice, R96-1
  2. July, 1996 ENVIRONMENTAL REGISTER NO. 506
      1. inal Policy on Compliance Alternatives for SmallBusinesses
      2. evised List of Categories of Sources and Schedulefor CAA NESHAP Development
      3. dditional Four-Month Stay of RCRA Subtitle CSubpart CC Air Emissions Regulations
      4. ational Response Team Integrated ContingencyPlan Guidance Published
  3. July, 1996 ENVIRONMENTAL REGISTER NO. 506
      1. limination of CAA Acid Rain Program DirectSale Program
      2. epeal of Leaded Gasoline RequirementsCompleted
      3. Solicited for Evaluation
      4. otential Amendments to CAA SO2 Auction
      5. Procedures
      6. roposed HUD Lead-Based Paint Hazard Rules
      7. AA Perchloroethylene Dry Cleaning NESHAPsGuidance Available
  4. July, 1996 ENVIRONMENTAL REGISTER NO. 506
      1. eetings of Common Sense Initiative Council andSubcommittees
      2. eetings and Technical Workshop on DrinkingWater Issues
      3. raft Framework for Watershed TradingAvailable
      4. Particulate Matter Based on Review
      5. rants Available for Environmental Justicethrough Pollution Prevention Projects
      6. ERCLA Remedial Action Cost RecoverySettlement for an Illinois Facility
      7. epeal of Obsolete, Superfluous, or BurdensomeAir Rules Partially Withdrawn
  5. July, 1996 ENVIRONMENTAL REGISTER NO. 506
      1. llinois Site Added to CERCLA National PrioritiesList
      2. Shipments
      3. roposed USDOT Federal-Aid Highway WetlandsMitigation Amendments
      4. rospective Bureau of Census Survey ofEnvironmental Products and Services
      5. ompliance Deadline Extended for CAAShipbuilding and Ship Repair Surface Coating
      6. NESHAP
      7. aprolactum Removed From CAA HAP List
      8. orps of Engineers Permit Guidance LettersPublished
  6. July, 1996 ENVIRONMENTAL REGISTER NO. 506
      1. mendments to CAA SOCMI NESHAP
      2. mendments to CAA Title V Permit ProgramInterim Approval Criteria
      3. AA Risk Management Rules Adopted
      4. Committee to Form
      5. for Architectural Coatings
  7. July, 1996 ENVIRONMENTAL REGISTER NO. 506
      1. SEPA Advisory Committee Meetings
      2. roposed Revision of 1986 Guidelines for CancerRisk Assessments
      3. roposed TSCA Rule to Require Testing HealthEffects of 21 CAA HAPs
      4. roposed Restrictions on the Use of Pesticides toProtect Groundwater Supplies
      5.  
      6. ew CAA Emissions Standards Proposed forHighway Heavy-Duty Engines
  8.  
      1. roposed Addition of Seven Industry Groups toEPCRA Reporting Requirements
      2. dministrative Stay of Used Oil Mixtures RuleVacated
      3. omment Invited on USEPA Options in Dealingwith WTO Decision on CAA Reformulated
      4. Gasoline
      5. AA Advisory Committee to Meet
  9. July, 1996 ENVIRONMENTAL REGISTER NO. 506
  10. July, 1996 ENVIRONMENTAL REGISTER NO. 506
      1. Calendar Code
  11. July, 1996 ENVIRONMENTAL REGISTER NO. 506
  12.  
  13. July, 1996 ENVIRONMENTAL REGISTER NO. 506

No. 506
   
    
A Publication of the Illinois Pollution Control Board
    
    
July, 1996
A
A
ppellate Update
ppellate Update
ourth District Affirms Board
Decision in ESG Watts
ESG Watts, Inc., v. The Illinois
Pollution Control Board, and the
People of the State of Illinois,
Fourth District Slip. Op. No. 4-
95-0642.
This case was before the
appellate court on an appeal by
ESG Watts (Watts) of the $60,000
penalty imposed by the Board for
failure to timely pay solid waste
fees and failure to timely submit
reports required to be filed by
landfill operators by the Environ-
mental Protection Act (Act) [415
ILCS 5/1
et. seq
.] and environ-
mental regulations promulgated
under the Act. In the appeal,
Watts admitted to violating the
Act but argued that the penalty
was excessive because the
violations caused no
environmental harm.
Additionally, Watts argued that
the Board improperly considered
past violations
(Cont’d on p. 2)
B
B
oard Staff Update
oard Staff Update
ongratulations to Chairman’s
Assistant
Congratulations are in order
for Musette Vogel, attorney as-
sistant to Chairman Claire Man-
ning. Musette recently accepted
an associate position with The
Stolar Partnership, a St. Louis law
firm, where she will practice Illi-
nois and Missouri environmental
law.
Musette will be greatly missed
after her three-year tenure with
the Board in which she has shown
excellent capabilities in bringing
legal philosophies
and principles
together into cogent decisions in
difficult cases and rulemakings.
oard Welcomes New
Employees to Staff
The Board welcomes Mike
Bonnardel and Elizabeth Ann to
staff. Mr. Bonnardel, the Board’s
new
(Cont’d on p. 2)
R
R
ulemaking Update
ulemaking Update
CRA Update Adopted;
Statement Of Reason For
Delay Adopted, R95-20
On June 20, 1996, the Board
adopted identical-in-substance
amendments to the Illinois RCRA
Subtitle C hazardous waste reg-
ulations. The amendments corr-
espond with USEPA revisions to
the federal hazardous waste
program made during the period
January 1 through June 30, 1995.
The Board proposed all the
necessary amendments to update
the Illinois RCRA Subtitle C
program to include the federal
amendments, as well as a number
of later actions and corrective and
conforming amendments. The
amendments will become effective
when filed with the Secretary of
State, which will be following a
30-day period to allow for USEPA
evaluation and comment prior to
filing. Since the filing will occur
more than one
(Cont’d on p. 3)
Inside This Issue
Significant Federal Actions
p5
Final Decisions
p18
New Cases
p20
Calendar of Hearings
p23
IEPA Restricted Status List
p25
E
NVIRONMENTAL
R
EGISTER
E
NVIRONMENTAL
R
EGISTER
F
F
IPCB Attorney Positions Open
Interested individuals are encour-
aged to send resumes to Chairman
Claire Manning at:
600 South Second St. Suite 402
Springfield, IL 62704
(217)524-8500
C
C
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ENVIRONMENTAL REGISTER No. 506
July, 1996
2
network administrator, will be working in the Board’s
Chicago office to handle general trouble shooting, write
system administration and end-user documentation, as-
sist users with applications, and install new and up-
graded software.
Mr. Bonnardel earned a Bachelor of Science degree
in Computer Science from the Illinois Institute of Tech-
nology, where he earned the honor of Dean’s List twice.
In addition to his studies at IIT, he worked as a
teacher’s assistant, and computer lab monitor. Mr.
Bonnardel has taught students how to use HTML, the
Novell network, VAX, various UNIX systems, the in-
ternet, the World Wide Web and DOS. He is a member
of the IIT chapter of the Association for Computing
Machinery and the Shadow Computer Club.
Elizabeth Ann, a graduate of Northwestern Univer-
sity, will be working as an intern with the Board this
summer. She recently earned her bachelor’s degree in
environmental engineering with course work in hazard-
ous waste management, radiation health, environmental
biology and groundwater.
During the next few months Ms. Ann will be assist-
ing the IPCB technical unit in various projects including
evaluation of UST and TACO regulations, and devel-
opment of the IPCB electronic library.
The Board and staff hope that you will join them in
welcoming Mr. Bonnardel and Ms. Ann.
rivate Secretary Completes Law School
Jennifer Moore, Private Secretary to Board Member
Meyer, recently earned her JD from John Marshall Law
School. She will be taking the Illinois Bar Exam on July
30 and 31.
Please join the Board and Staff in congratulating her
and wishing her good luck on the Bar.
A
A
PPELLATE UPDATE
PPELLATE UPDATE
(Cont’d from p. 1)
when assessing the penalty. The Fourth District disa-
greed with Watts and affirmed the Board in an unpub-
lished order entered on June 28, 1996.
On April 20, 1994, the Attorney General’s office
filed a complaint before the Board alleging that Watts
Trucking (which owns ESG Watts Inc.) and James
Watts (the sole shareholder and president of Watts
Trucking and ESG Watts Inc.) failed to timely file fees
and reports required of landfill operators. On October
14, 1994, the Attorney General’s office amended the
complaint to include violations that occurred after the
filing of the complaint.
The first count of the complaint alleged that quar-
terly reports from the Taylor Ridge Landfill (Taylor
Ridge) for the fourth quarter of 1993 and the first and
second quarters of 1994 were filed late and that the fees
reported due had not been paid. Additionally, Count I
alleged that the Sangamon Valley Landfill (Sangamon
Valley) had filed its reports late and paid its fees late for
each of these three quarters. Filing fees are required
under Section 22.15(b) of the Act and Section
858.401(a) of the Board’s rules. [415 ILCS 5/22.15(b)
and 35 Ill. Adm. Code 858.401(a).]
The second count alleged that both Taylor Ridge and
Sangamon Valley filed their significant modification
applications (SIGMOD) late. SIGMODs were required
to be filed within four years of the Board’s adoption of
its 1990 landfill regulations or at an earlier time if so
specified by the Environmental Protection Agency
(Agency). If facilities did not wish to provide a SIG-
MOD, they were to close within two years of the effec-
tive date of the rule. [35 Ill. Adm. Code 814.104(a)
and (c).]
The third count summarized past violations found in
circuit court actions and Count IV alleged Sangamon
Valley failed to file a biennial revision of its closure
cost estimate in accordance with 35 Ill. Adm. Code
807.623.
The State in its post-hearing brief asked the Board to
take official notice of its own records of 19 prior ad-
ministrative citations against Watts. Additionally, the
State requested that the Board revoke Watts’ operating
permit or in the alternative impose civil penalties of
$254,100. Watts admitted the allegations in the com-
plaint but argued that permit revocations and the mone-
tary penalties requested by the Attorney General were
inappropriate.
After a hearing on the violations, the Board rendered
its decision. The Board did not revoke the landfill’s op-
erating permits nor did the Board pierce the corporate
veil and hold Mr. Watts or Watts Trucking responsible
for the violations. However, the Board did impose
$60,000 in fines on Watts.
In its May 4, 1995, opinion and order, the Board
broke the $60,000 penalty down and explained how it
reached that amount. First, the Board imposed $30,000
for late payment of quarterly fees. The amount was
reached by calculating the annual cost of borrowing the
money to timely pay the fees at a rate of 10% per an-
num and with an additional charge of 10% per annum to
remove the economic incentive for late payments and to
deter future violations. The Board then imposed a flat
rate of $2,500 for each late report. In reaching this
B
B
oard Staff Update
oard Staff Update
(Cont’d from p.1)
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July, 1996
ENVIRONMENTAL REGISTER NO. 506
3
amount the Board took into account the economic bene-
fit of not filing and the fact that Watts was currently in
compliance. The total for failing to file reports was
$15,000. The Board then fined Watts $5,000 for failure
to file each SIGMOD. The Board characterized the
failure to file the SIGMODs as a “substantial violation.”
The total for failure to file the SIGMODs was $10,000.
The Board also fined Watts $5,000 for failure to timely
file the biennial revision. The Board noted that the de-
lay in filing benefited Watts economically but also rec-
ognized that Watts was currently in compliance. Fi-
nally, because the violations were willful, knowing, and
repeated the Board assessed $4,980 in attorney’s fees as
allowed for by the Act at 415 ILCS 5/42(f).
The Fourth District upheld the Board’s decision to
impose penalties recognizing that, “The Board is vested
with broad discretionary powers in the imposition of
civil penalties, and its order will not be disturbed upon
review unless it is clearly arbitrary, capricious, or un-
reasonable.” Additionally, the court recognized that the
Act does not allow the Board to impose penalties unless
the record adequately demonstrates the rationale for the
imposition of the penalty. However, the court stated
that the “Act clearly authorizes the Board to assess civil
penalties for violations regardless of whether those vio-
lations resulted in actual pollution.” The court also
recognized that in assessing penalties the Board must
look at the factors listed in Section 33(c) of the Act.
[415 ILCS 5/33(c).] Additionally, in discussing Section
42(h) of the Act, the court stated, “...it is now clear
from the 42(h) factors that the deterrent effect of penal-
ties on the violator and potential violators is a legitimate
goal for the Board to consider when imposing penal-
ties.” [415 ILCS 5/42(h).]
With respect to the Section 42(h) factors, the Board
found and the court upheld that Watts’ lack of diligence,
the economic benefits gained by untimely filings, the
necessity of deterring future violations, and Watts’ past
history of violations were all factors which should ag-
gravate the penalty imposed. The court acknowledged
that the Board addressed each of the Section 42(h) fac-
tors and the court found the Board’s discussion to be
well reasoned and the court would therefore not over-
turn the Board’s findings. [415 ILCS 5/42(h).] The
Fourth District held, “the Board’s decision that a stiff
penalty was warranted to deter future violations was
neither arbitrary nor capricious.”
The court dismissed Watts’ arguments relating to
penalties. First Watts argued that the penalty was ex-
cessive in light of other cases. The court found that the
violations in this case occurred after the new penalties
in Section 42(a) [415 ILCS 5/42(a)] were in effect as
opposed to the case cited by Watts where the violations
took place before the new penalty amounts were en-
acted. The court stated that the assessed penalty amount
was a small fraction of the maximums allowed by the
Act and noted that the Board did not impose an addi-
tional penalty for each day of noncompliance.
Next, Watts argued that it did not receive an eco-
nomic benefit from noncompliance. Again, the court
upheld the Board stating, “we deem it reasonable to as-
sume petitioner received the time value of money by
delaying the expenditures necessary to prepare such re-
ports.” Additionally, the court found that Watts re-
ceived economic benefits from delaying payment of its
quarterly fees.
Finally, Watts challenged the Board’s consideration
of prior violations in aggravation of the penalty. The
court in response to the challenge, stated, “the Board is
allowed wide discretion under section 42(h) of the Act
to consider any factor in aggravation and mitigation of
the penalty.” [415 ILCS 5/42(h).]
R
R
ulemaking Update
ulemaking Update
(Cont’d from p.1)
year from the date of the earliest federal amendments
included in the docket, the Board also included a
statement of the reasons for delay as a segment of the
June 20 opinion.
Ten principal federal actions that occurred in this
period were included in the docket. One principal set of
amendments (three actions) were the February 9, 1995
establishment of hazardous waste listings (K156 through
K161) for six carbamate production wastes, including
April 17 and May 12, 1995 corrections to the carbamate
listings. Another was a major set of federal regulations
that arose on May 11, 1995, when USEPA established a
new body of regulations to govern certain high-volume
hazardous wastes that are being collected for recycling
or disposal. June 13, 1995 amendments delisted the
treated residues of certain listed hazardous waste
generated by Conversion Systems, Inc. (CSI) in
Sterling, Illinois. On June 29, 1995, USEPA deleted a
vast number of rules that were obsolete, redundant, or
outdated. Other amendments included the January 13
and April 4, 1995 amendments to testing procedures;
the February 3, 1995 USEPA response to public
inquiries in the wake of the Supreme Court's decision in
City of Chicago v. Environmental Defense Fund, Inc.,
114 S. Ct. 1588 (1994); and the February 7, 1995

ENVIRONMENTAL REGISTER No. 506
July, 1996
4
announcement that USEPA had studied cement kiln dust
and determined not to subject this material to complete
Subtitle C regulation.
The Board deviated from the normal update
timeframe of January 1 through June 30, 1995 of R95-
20 in a few actions. The Board included in three sets of
amendments made by USEPA on July 7, September 29,
and November 13, 1995 relating to the Subpart CC
organic material emissions regulations. One of the
added federal actions made corrections to the rules
adopted by the Board on June 1 and 16, 1995, under
consolidated docket number R95-4/R95-6, and two of
the actions stayed the effective date of the Subpart CC
organic material emission rules for tanks, containers,
and surface impoundments. Further, the Board did not
include two sets of amendments that did occur in the
January 1 through June 30, 1995 update period because
it had already taken action on the amendments in the
R95-4/R95-6 docket. These were the federal
amendments of January 3, 1995, which corrected errors
and clarified language in the universal treatment
standards adopted on September 19, 1994 as the Phase
II LDRs, and of May 19, 1995, which earlier stayed the
40 CFR 264, subpart CC and 265, subpart CC
regulations.
On February 1, 1996, the Board proposed the RCRA
Subtitle C amendments for public comment. The public
comment period began on February 16, 1996, when
Notices of Proposed Amendments appeared in the
Illinois Register and ended after 45 days, on April 1,
1996. The Board received significant public comments
on aspects of the proposal. By an order dated June 6,
1996, the Board denied a request for oral argument on
issues relating to adoption of the CSI hazardous waste
delisting. The identical-in-substance provisions of the
Act provide that the Administrative Procedure Act
requirements for First Notice and Second Notice review
by the Joint Committee on Administrative Rules did not
apply to this proceeding.
Direct questions to Michael J. McCambridge, at
312-814-6924 (Internet:
mmccambr@pcb016r1.state.il.us). Request copies of
the proposed amendments from Victoria Agyeman, at
312-814-6920 (Internet:
vageyman@pcb016r1.state.il.us). Please refer to
consolidated docket R95-20.
ew Utility Waste Landfill Standards Proposed
For Second Notice, R96-1
The Board proposed alternative standards for new
utility waste landfills on September 21, 1995, in docket
R96-1, for Second notice review by the joint committee
on Administrative Rules (JCAR). The proposed new
Part 816 standards would establish an alternative means
of satisfying the liner and cap requirements for certain
new landfills. They would allow owners and operators
of chemical waste landfills that accept only flue gas
desulfurization (FGD) sludges and coal combustion ash
from electric utilities to use these materials stabilized
using the proprietary, patented Poz-O-Tec
©
process as
liner and cap material. The proposed rules would
alternatively allow monofilling of Poz-O-Tec
©
materials
without a liner and cap.
The proposed rules mirror adjusted standards
granted to Conversion Systems, Inc. in AS 93-4 and AS
93-5, on July 7, 1995. In granting the adjusted
standards, the Board initiated this rulemaking in the
belief that a rule of general applicability was a more
appropriate method to allow the use of the Poz-O-Tec
©
materials.
(See issue 496, Aug., 1995.)
The Board
proposed alternative standards for new utility waste
landfills for First Notice publication in the
Illinois
Register
on September 21, 1995. Notices of Proposed
Amendments and Rules appeared in the October 31,
1995
Illinois Register
, at 19 Ill. Reg. 14260 (Part 816),
14280 (Part 807), and 14286 (Part 811), starting the 45-
day public comment period.
(See issue 497, Oct.,
1995.)
The Board will be free to adopt the regulations
after the end of the 45-day Second Notice period or
when JCAR votes No Objection to the rules.
Direct questions to Chuck Feinen, at 312-814-3473.
Request copies from Victoria Agyeman, at 312-814-
3620. Please refer to docket R96-1.
ocket Opened For Public Water Supplies
Amendments, Amended Petition Requested, R96-
18
On June 20, 1996, the Board opened a new docket
for prospective amendments to the Illinois public water
supplies regulations. Those regulations, codified as
Subpart F of Title 35, include the Illinois drinking water
rules, the federally-derived Safe Drinking Water Act
(SDWA) rules, the groundwater quality rules, and the
groundwater protection rules. The opening of docket
R96-18 followed a request by the Illinois EPA (Agency)
that the Board consider certain amendments requested in
another proceeding as a separate petition for
rulemaking.
The Agency submitted a list of desired corrections
and minor amendments in the identical-in-substance
SDWA update docket R95-17, which includes federal
amendments that occurred during the period January 1
through June 30, 1995. In its February 1, 1996
proposed opinion and order in R95-17, the Board
proposed many of the amendments submitted by the
Agency that it felt it could accomplish using the
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July, 1996
ENVIRONMENTAL REGISTER NO. 506
5
identical-in-substance procedure. The Board did not
propose several other suggested amendments that it felt
were beyond its identical-in-substance authority.
Rather, the Board suggested that the Agency should
submit a general rulemaking petition pursuant to Section
27 of the Environmental Protection Act. The Agency
responded with a request that the Board consider its
request for amendments submitted in R95-17 as a
general rulemaking petition. In the June 20 order, the
Board opened and reserved the new docket R96-18, but
it ordered the Agency to submit an amended petition by
September 1, 1996 that cures the procedural defects in
the R95-17 request.
Direct questions to Michael J. McCambridge, at
312-814-6924 (Internet:
mmccambr@pcb016r1.state.il.us). Please refer to
consolidated docket R96-18.
S
S
IGNIFICANT FEDERAL ACTIONS
IGNIFICANT 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 over 40 such actions that
occurred in June, 1996:
ive-Year CAA Title V Permit Deferral Option
Adopted for Non-Major Sources in Four Source
Categories
On June 3, 1996 (61 Fed. Reg. 27785), USEPA
adopted amendments to the National Emission Standards
for Hazardous Air Pollutants (NESHAPs) applicable to
four source categories to allow permitting authorities to
defer requiring Clean Air Act (CAA) Title V permits of
non-major sources in those categories. The
amendments would allow states to defer requiring a
permit from the affected sources for five years. The
sources involved are those that are not classified as
"major" sources--i.e., those that have a potential to emit
less than 10 tons per year of any single hazardous air
pollutant (HAP) or 25 tons per year of any combination
of HAPs. The source categories involved are
perchlorethylene dry-cleaning (40 CFR 63, subpart M),
hard and decorative chromium electroplating and
chromium anodizing (40 CFR 63, subpart N), ethylene
oxide commercial sterilization and fumigation (40 CFR
63, subpart O), and secondary lead smelting (40 CFR
63, subpart X).
inal Policy on Compliance Alternatives for Small
Businesses
On June 3, 1996 (61 Fed. Reg. 27983), USEPA
released a final policy on compliance alternatives for
small businesses. The stated objective of the policy is
to promote environmental compliance among small
businesses and to provide incentives for them to
participate in government-sponsored compliance
assistance programs or to themselves conduct
environmental audits. USEPA further sought to provide
guidance to the efforts of states and local governments
to offer incentives for small business participation.
USEPA
stated that it would defer to state actions that are
consistent with the final federal policy. A small
business is defined for the purposes of the policy as one
employing 100 or fewer persons, including contract
employees. USEPA stated that this is a simplified
version of the Clean Air Act definition of a small
business.
Under the policy, USEPA will refrain from seeking
civil penalties for a small business that makes a good-
faith effort to correct noncompliance, with certain
limitations. The major limitations are that (1) the
noncompliance is the company's first instance of
noncompliance with the particular provision involved;
(2) the noncompliance does not involve "criminal
conduct"; (3) the noncompliance has not caused and is
not causing harm or a threat to health, safety, or the
environment. Further, the business must remedy the
noncompliance within the "corrections period,” which
is determined by the governmental entity involved.
Finally, USEPA forbearance as to noncompliance that
results in economic advantage is to limit the penalty
sought to the advantage incurred.
(Note: This is similar to the Illinois "Clean Break"
program, with some significant differences: the Illinois
program, in its Phase I, is limited to autobody and auto
repair facilities and printers, and the Illinois program
defines a small business as having 200 or fewer
employees. See issue 500, Jan., 1996.)
evised List of Categories of Sources and Schedule
for CAA NESHAP Development
On June 4, 1996 (61 Fed. Reg. 28197), USEPA
published a revised listing of hazardous air pollutant
(HAP) source categories and schedule for National
Emissions Standards for Hazardous Air Pollutants
(NESHAPs) development. The revised listing indicates
F
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ENVIRONMENTAL REGISTER No. 506
July, 1996
6
that USEPA has added seven source categories, changed
the names of two, included three others within other
industry groups, included two within other existing
categories, and eliminated five. The schedule indicates
that USEPA has developed NESHAPS for 29 source
categories and proposed NESHAPs for 19 others. For
the sources for which USEPA has not yet developed a
NESHAP, the schedule further indicates that the due
date for NESHAPS for 36 categories is November 15,
1997, and the NESHAPs due date for 91 others is
November 15, 2000. USEPA has either completed or
proposed action on the NESHAPs for all sources having
earlier due dates.
The Clean Air Act (CAA) requires USEPA to
develop and update a listing of source categories that
emit HAPs. It further requires USEPA to develop
NESHAPs for the source categories within certain
deadlines. It also required USEPA to publish its listing
and schedule and requires it to update the listing and
schedule from time to time. USEPA published the
initial listing of source categories on July 16, 1992 (57
Fed. Reg. 31567), which included 174 source
categories. USEPA published the initial schedule for
NESHAPs development on December 3, 1993 (58 Fed.
Reg. 63941). Although USEPA has revised the source
categories and schedules in the context of individual
actions, the present action is the first publication of the
entire listing with all the associated scheduled
completion dates for NESHAP development.
dditional Four-Month Stay of RCRA Subtitle C
Subpart CC Air Emissions Regulations
On June 5, 1996 (61 Fed. Reg. 28508), USEPA
granted an additional four-month stay of the effective
date of the RCRA Subtitle C air emissions regulations
applicable to hazardous waste tanks, containers, and
surface impoundments, codified as 40 CFR 264, subpart
CC and 265, subpart CC. The additional stay changed
the effective date from June 6, 1996 to October 6, 1996.
The purpose of the stay is to allow USEPA to finalize
amendments to the regulations made in response to
public comments. USEPA stated that the stay does not
affect the December 8, 1997.
USEPA originally adopted the Subpart CC rules on
December 6, 1994 (59 Fed. Reg. 62896), to become
effective June 6, 1995. Confronted with criticism of the
rules, USEPA previously stayed the general effective
date of the rules for six months once on May 19, 1995
(60 Fed. Reg. 26828), until December 6, 1995, and
again on November 13, 1995 (60 Fed. Reg. 56952),
until June 6, 1996. On September 29, 1995 (60 Fed.
Reg. 50426), USEPA indefinitely stayed the effective
date of the Subpart CC regulations as they would
specifically apply to organic peroxide manufacturing
processes. On February 9, 1996 (61 Fed. Reg. 4903),
USEPA adopted technical amendments to the 40 CFR
264, Subpart CC and 265, Subpart CC standards for
emission of organic material from hazardous waste
tanks, containers, and surface impoundments, also
called the "Subpart CC rules.” USEPA explained that
the amendments clarified the regulatory text of the
rules, corrected typographical and grammatical errors,
and clarified segments of the original preamble
discussion. USEPA invited comments on the rules on
August 14, 1995 (60 Fed. Reg. 41870), and stated in
adopting the corrective and clarifying amendments that
it will complete its evaluation of the comments received
early this year. The latest delay in the effective date
was to allow further time to adopt those amendments.
(Note: The Board adopted the initial Subpart CC
rules and the first stay (until December, 1995) on June 1
and 16, 1995, in docket R95-4/R95-6. The Board
adopted amendments on June 20, 1996, in docket R95-
20, that will incorporate the federal stays granted on
September 29 and November 13, 1995 and June 5,
1996. Due to that prompt action, no further action will
be necessary in either of the reserved dockets R96-10 or
R97-5.)
ational Response Team Integrated Contingency
Plan Guidance Published
On June 5, 1996 (61 Fed. Reg. 28641), USEPA, the
Department of Transportation (Coast Guard and
Research and Special Projects Administration; USCG
and RSPA), Department of the Interior (Minerals
Management Service; MMS), and Department of Labor
(Occupational Safety and Health Administration;
OSHA) published integrated contingency plan (ICP)
guidance. The guidance acts as a single resource for
facilities to prepare a single contingency plan that will
fulfill the requirements of multiple agencies and their
regulations. The regulations that the ICP guidance is
intended to cover are the MMS Facility Response Plan
rules; the USEPA Oil Pollution Prevention, Risk
Management Programs, and Resource Conservation and
Recovery Act Contingency Planning rules; the RSPA
Pipeline Response Plan rules; the USCG Facility
Response Plan rules; and the OSHA Emergency Action
Plan, Process Safety Standard, and HAZPOWER rules.
USEPA published a list of corrections of transcription
errors in the ICP on June 19, 1996 (61 Fed. Reg.
31103).
The Clean Air Act required the President to review
the federal release prevention, mitigation, and response
requirements, a job that the President delegated to
USEPA. The review concluded that although the
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requirements were effective, they were "complex,
confusing, and costly.” One issue identified was the
multiple overlapping nature of the release reporting
requirements. In publishing the ICP guidance one-plan
option, the agencies involved stated that the guidance is
not intended to change any of the substantive
requirements, and they cautioned that other contingency
planning requirements may apply that are not covered
by the guidance.
limination of CAA Acid Rain Program Direct
Sale Program
On June 6, 1996 (61 Fed. Reg. 28761), USEPA
adopted a direct final rule that ends the acid rain
program direct sales program. The Clean Air Act
(CAA) mandates that fossil fuel-fired electric generating
facilities emit no more sulfur dioxide (SO
2
) than that for
which they hold allowances. The Act mandates that
USEPA issue some SO
2
allowances to the utilities and
withhold others for later auction. In order to provide
allowances to new independent power producers (IPPs),
the CAA further mandates that USEPA issue guarantees
of priority in the conduct of annual direct sales to new
generating utilities. The CAA allows USEPA to
terminate the direct sales program if less than 20
percent of the allowances have been purchased in any
two-year period. USEPA began the program in 1993
and had sold no allowances through the program, and
USEPA had not received any requests for the
guarantees. The allowances formerly available through
the direct sale program will be included in the annual
SO
2
allowance auction. This will add 25,000 advance
auction allowances not sold by direct sales for each of
the years 1993 through 1996. The rule becomes
effective August 5, 1996 unless expressly withdrawn in
a
Federal Register
notice prior to that date in response
to significant adverse public comment. The
accompanying notice of proposed rule appeared in the
same issue of the
Register
(61 Fed. Reg. 28830).
epeal of Leaded Gasoline Requirements
Completed
On June 6, 1996 (61 Fed. Reg. 28763), USEPA
completed the repeal of its former leaded gasoline
requirements begun earlier this year. The completed
repeal eliminated all vehicle fuel system and gasoline
fuel dispensing facility restrictions associated with the
former sale of leaded gasoline. The repeal is
accomplished in such a way that the former fuel tank
fill-tube size restriction remains, but in such a way that
motorcycles and other vehicles that never had vehicle
exhaust emissions control equipment will not become
subject to the requirement.
USEPA amended its fuels and fuel additives
regulations, in a February 2, 1996 (61 Fed. Reg. 3837)
direct final rule, to ban lead as a motor fuel additive,
effective January 1, 1996. The action also repealed the
former recordkeeping and reporting requirements for
refiners and importers and the requirement that
automobile manufacturers place labels near the fill tube
and on the dashboard of cars that says "unleaded fuel
only,” effective March 4, 1996, unless earlier
withdrawn. This action was undertaken in response to
the January 1, 1996 ban on the sale of leaded gasoline
imposed by the Clean Air Act, as amended in 1990.
(See memo of February 20, 1996.) One requirement
that originated in the leaded fuel regulations was that
vehicle manufacturers restrict the fuel fill tube of
vehicles having emissions control equipment that was
incompatible with leaded fuel, so that no leaded fuel
could be dispensed into their tanks. When repealing the
leaded fuel requirements. USEPA had retained the
vehicle fill tube restrictions. It did so in response to
comments from the automobile manufacturing industry
relating to gasoline vapor emissions control and in the
belief that all vehicles had emissions control equipment
that was incompatible with leaded fuel--
i.e.
, that all
vehicles already had the restrictors.
On March 4, 1996 (61 Fed. Reg. 8221), USEPA
partially withdrew the segment of the February 2, 1996
direct final rule as it related to the fill tube restriction.
As a result, the automobile unleaded fuel fill-tube
restriction requirement remained in effect. (See memo
of March 18, 1995.) USEPA explained that it did so in
response to a significant adverse public comment from
Harley-Davidson, Inc., a manufacturer of motorcycles.
Harley-Davidson pointed out that although motorcycles
had never been subject to the fill-tube restriction
requirements, the repeal would have made them subject
to them. In adopting the final repeal USEPA retained
the fill-tube restriction requirements for all vehicles of
types that were required to have them to prevent the
introduction of leaded fuel, but USEPA did so in a way
that does not newly require the restrictions in other
vehicles, like motorcycles, that were not previously
subject to the rule.
omment Solicited by PHS on the 1995 National
Toxicology Program; Candidate Chemicals
Solicited for Evaluation
On June 6, 1996 (61 Fed. Reg. 28883), the Public
Health Service (PHS) of the Department of Health and
Human Services sought comment on its fiscal year 1995
National Toxicology Program (NTP). PHS further
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solicited interested persons to submit candidate
chemicals for possible toxicological evaluation.
PHS established the NTP in 1978 to further its
toxicology research and to provide toxicological
information to the public and governmental agencies.
The NTP coordinates toxicological activities of the
National Institute of Environmental Health Sciences
(NIEHS), the National Institutes of Health (NIH), the
National Center for Toxicological Research, the Food
and Drug Administration (FDA), the National Institute
for Occupational Safety and Health (NIOSH), and the
Centers for Disease Control and Prevention. Agencies
represented on the NTP are the Agency for Toxic
Substances and Disease Registry, the Consumer Product
Safety Commission, USEPA, FDA, the National Cancer
Institute, NIOSH, NIEHS, NIH, and OSHA. NTP
program areas include carcinogenesis, genetic
toxicology, mechanism-based toxicology, alternative
methods, and toxicology, which includes immunologic,
neurobehavioral, and respiratory toxicology. NTP
special projects include study of AIDS therapeutics and
Superfund chemicals.
otential Amendments to CAA SO
2
Auction
Procedures
On June 6, 1996 (61 Fed. Reg. 28995), in an
advanced notice of proposed rulemaking, USEPA raised
the possibility of several amendments to the acid rain
program procedures for SO
2
allowance auctions. The
Clean Air Act (CAA) mandates that fossil fuel-fired
electric generating facilities emit no more sulfur dioxide
(SO
2
) than that for which they hold allowances. The
Act mandates that USEPA issue some SO
2
allowances to
the utilities and withhold others for later auction. The
allowances withheld for auction represent 2.8 percent of
the total allowances issued for a given time period. The
potential amendments on which USEPA requested
comment relate primarily to the timing and mechanics
of the auctions. USEPA requested comment on whether
it should follow a General Accounting Office
recommendation and conduct single-price auctions of
SO
2
allowances, in which bidders would pay the market-
clearing price for the allowances. To date, sales are
conducted on a price-discriminating basis--
i.e.
, on a
high-bid to low-bid basis until all allowances are sold.
USEPA also sought comment on whether it should
eliminate the minimum price for sale of additional
allowances, whether to change the time for the sales
from March to October, and whether to allow electronic
transfers of allowances.
raft Supplement to St. Clair County Transit
Improvements Economic Impact Study Available
On June 7, 1996 (61 Fed. Reg. 29094), USEPA
announced the availability of a draft supplement to an
economic impact study for federal funding of a project
in Illinois. The draft supplement relates to additional
and updated information relating to the St. Clair County
Corridor transit improvements Metrolink extension pro-
ject from East St. Louis to the Mid-America Airport.
roposed HUD Lead-Based Paint Hazard Rules
On June 7, 1996 (61 Fed. Reg. 29169), the Department
of Housing and Urban Development (HUD) proposed
regulations relating to notification, evaluation, and
reduction of hazards from lead-based paint in federally-
owned and federally-assisted housing. HUD stated that
it proposed the rules to implement sections 1012 and
1013 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992 and Title X of the Housing
Community Development Act of 1992. It explained
that the rules would set forth new requirements relating
to lead-based paint hazard evaluation, notification, and
reduction, for the first time consolidating all of HUD's
related rules in one location. One new part or subpart
will contain programmatic requirements on hazard
evaluation, notification, and reduction activities. A
second new part or subpart will set forth information on
hazard evaluation and reduction activities based on
HUD guidelines. The third part or subpart, already
jointly proposed by HUD and USEPA on November 2,
1994, will relate to lead-paint hazard notification for
pre-1978 housing units.
AA Perchloroethylene Dry Cleaning NESHAPs
Guidance Available
On June 11, 1996 (61 Fed. Reg. 29485), USEPA
announced the availability of guidance relating to the
Clean Air Act (CAA) National Emission Standards for
Hazardous Air Pollutants (NESHAP) applicable to
perchloroethylene (PCE) dry cleaning facilities.
USEPA adopted the PCE dry cleaning facility NESHAP
on September 22, 1993 (58 Fed. Reg. 49354) and
amended it on December 20, 1993 (58 Fed. Reg.
66287). The International Fabricare Institute filed suit
in federal court to challenge the NESHAP on December
20, 1993. USEPA settled the litigation by committing
itself to issuing guidance on episodic exceedances of the
NESHAP standards. The guidance is entitled,
"Settlement Agreement on Litigation of National
Emission Standards for Hazardous Air Pollutants for
Perchloroethylene Dry Cleaning Facilities.”
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omment Sought on Applicability of CAA Coal
Preparation Plant NSPS to Coal Dump Truck
Unloading Operations
On June 11, 1996 (61 Fed. Reg. 29558), USEPA
sought comment on the applicability of the Clean Air
Act (CAA) New Source Performance Standards (NSPS)
for coal preparation plants to coal dump truck unloading
operations. USEPA stated that it was in the process of
determining whether these operations are regulated
under the current NSPS of 40 CFR 60, subpart Y, and,
if not, whether they are covered by the category.
USEPA said that it is conducting the review for the
purposes of determining whether these facilities are
major sources subject to the Title V permit requirements
of the CAA.
eetings of Common Sense Initiative Council and
Subcommittees
On June 11, 1996 (61 Fed. Reg. 29559), USEPA
announced meetings of the Common Sense Initiative
Counsel (CSIC) and four of its subcommittees. The
four subcommittees for which USEPA announced
meetings were the Metal Finishing Subcommittee, the
Computers and Electronics Sector Subcommittee, the
Iron and Steel Sector Subcommittee, and the Petroleum
Refining Sector Subcommittee.
The CSIC met in Washington, DC on June 27 and
28, 1996. Issues for discussion included leveraging
capital for pollution prevention, public health literature
and data for use by CSIC subcommittees, the changing
roles of government agencies in sector-based
environmental management, permitting reform, sector-
specific and one-stop reporting, etc.
The Metal Finishing Subcommittee was scheduled to
meet on July 9 and 10, 1996 in Arlington, Virginia. It
was to discuss three main topics: strategic goals and
performance targets for the sector, publicly owned
treatment works (POTW) project recommendations, and
a possible enforcement project for "bottom-tier" firms
(deliberate non-compliers).
The Computers and Electronics Sector
Subcommittee was to meet in Alexandria, Virginia on
July 15 and 16, 1996 and break into reporting and
information access, overcoming barriers to pollution
prevention, and integrated and sustainable alternatives
workgroup sessions. Topics to be covered included
ongoing reporting reinvention projects, the end-of-life
management of consumer electronics products, and
alternative regulatory strategies.
The Iron and Steel Sector Subcommittee was to meet
July 25, 1996 in Baltimore, Maryland. Its topics for
discussion was to include potential projects and to
discuss community involvement guiding principles. The
seven projects that the Iron and Steel Sector
Subcommittee has thus far undertaken are Brownfields,
Multi-Media Permitting, Permit Issues, Consolidated
Multi-Media Permitting, Alternative Compliance
Strategy, the Innovative Technology Web Site, and
Barriers.
The Petroleum Refining Sector Subcommittee was
scheduled to meet on July 30, 1996 in Dallas, Texas.
The topics scheduled for discussion included the "One-
Stop" and equipment leaks projects.
On June 28, 1996 (61 Fed. Reg. 33737), USEPA
announced that the Printing Sector Subcommittee was to
meet on July 17, 1996 in Arlington, Virginia. USEPA
stated only that the subcommittee will discuss two
ongoing projects.
eetings and Technical Workshop on Drinking
Water Issues
On June 11, 1996 (61 Fed. Reg. 29560), USEPA
announced public meetings and a technical workshop on
drinking water issues in Washington, DC Both the
meetings and the workshop were to address issues
related to the disinfection and disinfection by-products
information collection rule (ICR) adopted by USEPA on
May 10, 1996 (61 Fed. Reg. 24353). (See memo of
June 21, 1996.) The technical workgroup met on June
12, 1996 to discuss ICR protozoan monitoring issues.
The meetings were scheduled for June 13 and 14, 1996
to discuss the ICR data objectives and issues and
developmental and reproductive health effects research
relating to disinfection by-products. USEPA stated that
it intends to conduct further meetings later in 1996.
raft Framework for Watershed Trading
Available
On June 11, 1996 (61 Fed. Reg. 29563), USEPA
announced the availability of a document entitled "Draft
Framework for Watershed Trading.” USEPA stated
that the Draft Framework is a companion to the "Policy
Statement for Effluent Trading" issued in January,
1996. Both are a product of the President's
"Reinventing Environmental Regulation" initiative of
March, 1995. USEPA invited comment on the Draft
Framework, which it described as providing "a
background on trading and its benefits, a series of
conditions that are necessary for trading, including
those that assure protection of water quality comparable
to the protection that would be provided without
trading.” Among the information, issues, and
worksheets included in the Draft Framework, USEPA
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stated that it included evaluative information on five
types of trading.
dvanced Notice of Decisions Whether to Retain
or Revise the CAA NAAQS for Ozone and
Particulate Matter Based on Review
On June 12, 1996 (61 Fed. Reg. 29719), USEPA
published an advance notice of its intent to propose
decisions by November 29, 1996 whether to retain or
revise the National Ambient Air Quality Standards
(NAAQSs) developed under the Clean Air Act (CAA)
for ozone and particulate matter (PM). USEPA stated
that it was using the advanced notice to identify key
issues in deriving its decisions on the NAAQSs. The
November 29 date for proposal of USEPA's
determinations derived from a judicial order in
American Lung Association v. Browner
, 884 F. Supp.
345 (D. Ariz. 1994). That order, relating to PM only,
imposed a June 28, 1997 deadline for adoption of any
final USEPA decision.
Section 109 of the federal Clean Air Act (CAA)
requires USEPA to establish primary and secondary
national ambient air quality standards for specified
contaminants, including SO
2
. A primary standard is
directed at protection of human health, and a secondary
standard is based on effects on the public welfare
(including the environment). Section 109 also requires
periodic review and possible revision of the established
standards. USEPA last reviewed the ozone primary and
secondary NAAQSs in March, 1993 (58 Fed. Reg.
13008), determining not to alter the standards. USEPA
stated that it is considering replacing the present 1-hour
primary ozone standard with an 8-hour standard. It
stated that it is considering the smaller diameter PM
(less than 2.5 microns) a different pollutant than the
larger particles (from 2.5 to 10 microns) with a different
primary standard. USEPA stated that its review to date
has identified a number of common factors between the
standards for ozone and those for PM, including
atmospheric residence times, similar gaseous
precursors, similar combustion-related source
categories, and similar atmospheric chemistries that
favor their formation. This is the reason that USEPA is
conducting concurrent review of both pollutants'
NAAQSs, and USEPA is considering integrated
emission reduction strategies for both.
(Note: On October 11, 1995 (60 Fed. Reg. 52874),
USEPA published its determination not to revise the
identical primary and secondary National Ambient Air
Quality Standards (NAAQSs) for nitrogen dioxide (NO
2
).
(See issue 499, Dec., 1995.) On May 22, 1996 (61 Fed.
Reg. 25566), USEPA determined to make no substantive
revision in the primary and secondary National Ambient
Air Quality Standards (NAAQS) for sulfur dioxide (SO
2
).
However, USEPA did make "several minor technical
changes.” See Issue 505, June, 1996.)
rants Available for Environmental Justice
through Pollution Prevention Projects
On June 13, 1996 (61 Fed. Reg. 30063), USEPA
solicited grant proposals for environmental justice
through pollution prevention (EJP2) projects. USEPA
stated that between $750,000 and $1.5 million will be
available for projects that foster environmental justice
through the prevention of pollution in lower income and
racial minority neighborhoods. USEPA defined
environmental justice as "the fair treatment of people of
all races, cultures, and incomes with respect to the
development, implementation, and enforcement of
environmental laws, regulations, programs, and
policies.” It stated that pollution prevention means
source reduction--
i.e.
, "any practice that reduces or
eliminates any pollutant at the source prior to recycling,
treatment, or disposal.” Only non-profit corporations
and Indian tribes are eligible for the grants; individuals,
businesses, and governmental entities are not. The
grants are subject to a 5% matching requirement.
ERCLA Remedial Action Cost Recovery
Settlement for an Illinois Facility
On June 13, 1996 (61 Fed. Reg. 30067), USEPA
announced a prospective settlement of a Comprehensive
Environmental Response, Compensation and Liability
Act of 1980 (CERCLA) cost recovery action involving
an Illinois Superfund site. USEPA incurred $165,118 in
corrective action costs at the Waukegan Paint and
Lacquer Company, Inc. site in Waukegan. Under the
proposed settlement, USEPA will collect $94,000 from
the potentially responsible parties involved in settlement
of its claims.
epeal of Obsolete, Superfluous, or Burdensome
Air Rules Partially Withdrawn
On June 14, 1996 (61 Fed. Reg. 30162), USEPA
partially withdrew its earlier repeal of air regulations
that it considered obsolete, superfluous, or burdensome.
USEPA had repealed the rules on April 11, 1996 (61
Fed. Reg. 16050) by a direct final rule effective June
10, 1996 unless expressly withdrawn before that time in
response to significant adverse public comment. (See
memo of May 9, 1996.) Among the repealed rules were
40 CFR 51.100(o) (definition of "reasonably available
control technology,” 51.101 (stipulations), 51.110(g)
(attainment and measure of national standards), and
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51.213 (transportation control measures), on which
USEPA subsequently received such comments. Due to
the comments, USEPA withdrew the repeal of those
four provisions, leaving the repeal of all other
provisions intact. USEPA will make the four
withdrawn provisions the subject of a future final rule,
at which time it will discuss the public comments
received.
llinois Site Added to CERCLA National Priorities
List
On June 17, 1996 (61 Fed. Reg. 30510), USEPA
added an Illinois site to the National Priority List (NPL)
pursuant to the Comprehensive Environmental
Response, Compensation and Liability Act of 1980
(CERCLA). The site was the Jennison-Wright
Corporation facility in Granite City, assigned to Group
12 based on its hazard ranking score. (USEPA rank
orders sites from most to least serious based on their
hazard ranking score (HRS) and places them groups of
50 sites each.) In adding this and 12 other sites in sister
states to the NPL, USEPA published the complete
listing in its entirety. The list includes the following
non-federal government-owned or operated sites in
Illinois. (Bold face type indicates site is on the
construction completion list, and underlining indicates
the site is the highest priority site in Illinois):
A & F Material Reclaiming, Inc. (Greenup)
Acme Solvent Reclaiming (Morristown)
Adams County Quincy Landfills 2 & 3 (Quincy)
Amoco Chemicals Joliet Landfill (Joliet)
Beloit Corp. (Rockton)
Belvidere Municipal Landfill (Belvidere)
Byron Salvage Yard (Byron)
Central Illinois Public Service Co. (Taylorville)
Cross Brothers Pail Recycling (Pembroke
Township)
DuPage County Landfill/Blackwell Forest
(Warrenville)
Galesburg/Koppers Co. (Galesburg)
H.O.D. Landfill (Antioch)
Ilada Energy Co. (East Cape Girardeau)
Interstate Pollution Control, Inc. (Rockford)
Jennison-Wright Corp. (Granite City)
Johns-Manville Corp. (Waukegan)
Kerr-McGee (Kress Creek; DuPage County)
Kerr-McGee (Reed-Keppler Park; West Chicago)
Kerr-McGee (West Chicago residential areas;
DuPage County)
Kerr-McGee (Sewage Treatment Plant; West
Chicago)
LaSalle Electric Utilities (LaSalle)
Lenz Oil Service, Inc. (Lemont)
MIG/Dewane Landfill (Belvidere)
NL Industries/Taracorp Lead Smelter (Granite
City)
Ottawa Radiation Areas (Ottawa)
Outboard Marine Corp. (Waukegan)
Pagel's Pit (Rockford)
Parsons Casket Hardware Co. (Belvidere)
Southeast Rockford groundwater contamination
(Rockford)
Tri-County Landfill/Waste Management of Illinois
(South Elgin)
Velsicol Chemical Corp. (Marshall)
Wauconda Sand & Gravel (Wauconda)
Woodstock Municipal Landfill (Woodstock)
Yeoman Creek Landfill (Waukegan)
The list of federally-owned or operated sites in Illinois
includes the following:
Joliet Army Ammunition Plant (LAP Area; Joliet)
Joliet Army Ammunition Plant (Manufacturing
area; Joliet)
Sangamo Electric/Crab Orchard NWR (USDOI;
Carterville)
Savanna Army Depot Activity (Savanna)
USEPA proposed adding the Jennison-Wright
facility (and the 12 other sites) to the NPL on October
2, 1995 (60 Fed. Reg. 51390) as a Group 13 facility.
(See memo of October 10, 1995.) Under section 1006
of P.L. 104-19, enacted July 27, 1995, USEPA is
required to obtain a written request from a state's
Governor before adding a site in that state to the NPL.
On June 17, 1996 (61 Fed. Reg. 30575), USEPA
proposed the addition of 13 new sites to the general
NPL and two to the federal facilities NPL. Two of the
proposed general NPL sites were Illinois facilities:
Circle Smelting Corp (Beckemeyer)
Sauget Area 1 (Sauget)
Based on the sites' HRSs, USEPA proposed them as
Group 1 sites.
SDOT Packaging, Communications, and Spill
Response Requirements Adopted for Bulk Oil
Shipments
On June 17, 1996 (61 Fed. Reg. 30533), the U.S.
Department of Transportation (USDOT) Research and
Special Programs Administration (RSPA) adopted
regulations for packaging, communication, spill
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response planning and implementation to prevent and
contain spills of oil in transportation. The regulations,
adopted under section 311(j) of the federal Clean Water
Act, as amended by the Oil Pollution Act of 1990,
amended an interim final rule adopted on February 2,
1993 and effective on June 16, 1993. The rules require
comprehensive response plans for bulk shipments of oil
(by ship, barge, rail, or portable tank) in quantities
greater than 42,000 gallons and less comprehensive
plans for shipments of 3,500 gallons or more.
roposed USDOT Federal-Aid Highway Wetlands
Mitigation Amendments
On June 17, 1996 (61 Fed. Reg. 30553), the U.S.
Department of Transportation (USDOT) Federal
Highway Administration (FHWA) proposed
amendments to its rules relating to mitigating the impact
of federal-aid highway projects on wetlands. The
FHWA stated that it was proposing the amendments to
offer states greater flexibility in determining eligibility
of mitigation alternatives. The proposed amendments
would broaden the scope to the rules to include all
wetland mitigation projects, not just those involving
private lands. FHWA stated that the amendments are
necessary because the present rules have become
outdated due to advances in the science of wetlands
management and because of statutory amendments made
in the Intermodal Surface Transportation Efficiency Act
of 1991 (Pub. L. 102-240).
rospective Bureau of Census Survey of
Environmental Products and Services
On June 17, 1996 (61 Fed. Reg. 30592), the
Department of Commerce Bureau of the Census
published a notice that it is considering a survey of
environmental products and services for 1995. The
Bureau state that the purpose of the survey would be to
measure the environmental industry and to use as a tool
to promote international trade in environmental goods.
The Bureau has submitted the prospective survey to the
Office of Management and Budget for review.
ompliance Deadline Extended for CAA
Shipbuilding and Ship Repair Surface Coating
NESHAP
On June 18, 1996 (61 Fed. Reg. 30814), USEPA
published a direct final rule that extends the compliance
deadline for the Clean Air Act (CAA) National
Emission Standards for Hazardous Air Pollutants
(NESHAP) for shipbuilding and ship repair surface
coating operations. The deadline for submission of
implementation plans was changed from June 13, 1996
to December 16, 1996. The deadline for compliance
was revised from December 16, 1996 to December 16,
1997. USEPA stated that it took this action because the
rule did not allow sufficient time for assembly of
implementation plans and the necessary inventory
management systems and ensure compliance. The
accompanying notice of proposed rule appeared in the
same issue of the
Federal Register
(61 Fed. Reg.
30846).
USEPA adopted the Shipbuilding and Ship Repair
(Surface Coating) Operations source category NESHAP
on December 15, 1995 (60 Fed. Reg. 64330). The
regulations established hazardous air pollutant (HAP)
emissions standards for major new sources based on the
maximum achievable control technology (MACT). In
adopting the standards, USEPA 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. USEPA estimated that the cost of
implementing the rules would be about $2 million
nationally beyond baseline. (See memo of January 3,
1996.)
aprolactum Removed From CAA HAP List
On June 18, 1996 (61 Fed. Reg. 30816), USEPA
removed caprolactum from the Clean Air Act (CAA)
list of hazardous air pollutants (HAPs). Based on a
petition filed by Allied Signal, Inc., BASF Corp., and
DSM Chemical NA, USEPA determined that adequate
data on this material indicated that it may not be
reasonably expected to cause adverse environmental or
human health effects. The CAA allows USEPA to add
or delete compounds from the initial statutory listing
based on the threat or lack of threat that they pose to
human health and the environment.
orps of Engineers Permit Guidance Letters
Published
On June 18, 1996 (61 Fed. Reg. 30989), the
Department of Defense Army Corps of Engineers
published its internal regulatory guidance letters (RGLs)
pertaining to issues relating to Corps of Engineers-
issued permits. The guidance letters are letters issued
by the Corps headquarters to division and district
engineers. The Corps developed RGLs as a means to
track the guidance it directed to field agencies. The
Corps published all but one of the RGLs for widest
dissemination. The single RGL not published has
expired. The Corps intends to publish each new RGL
as it is issued and will republish the complete list of
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current RGLs in early 1977. The RGLs all pertain to
Corps-administered permit programs, such as dredging
and wetlands permits.
mendments to CAA SOCMI NESHAP
On June 20, 1996 (61 Fed. Reg. 31435), USEPA
adopted a number of amendments to the Clean Air Act
(CAA) section 112 National Emission Standards for
Hazardous Air Pollutants (NESHAP) for the synthetic
organic chemical manufacturing industry (SOCMI).
The amendments remove three polyols (glycerol tri-
(polyoxypropylene)ether, polyethylene glycol, and poly-
propylene glycol) from the source category because they
are already regulated under the polyether polyol
production NESHAP. USEPA further amended the
equipment leaks provisions to clarify their intent, to
correct certain oversights, and to simplify the
demonstration of compliance. USEPA adopted the
SOCMI NESHAP on April 22 and June 6, 1994 (59
Fed. Reg. 19402 and 29196). USEPA has previously
amended the rules several times for the sake of
clarification, on September 20 and October 24 and 28,
1994 (59 Fed. Reg. 48175, 53359, and 54131); January
27, April 10, and December 12, 1995 (60 Fed. Reg.
5321, 18020, 18026, and 63624); and February 29,
1996 (61 Fed. Reg. 7716).
mendments to CAA Title V Permit Program
Interim Approval Criteria
On June 20, 1996 (61 Fed. Reg. 31443), USEPA
adopted amendments to Clean Air Act (CAA) Title V
permit program interim approval criteria--the criteria by
which USEPA may grant interim approval of a state's
Title V program. USEPA explained that a state may
now become eligible for interim approval even though
the program does not provide for incorporation of minor
source preconstruction permit conditions into the 40
CFR 70 permit. To gain the interim approval under
these circumstances, the state must "show compelling
reasons for the interim approval" and meet certain other
permit program requirements. Interim approval lasts
two years, after which the state must have corrected all
deficiencies.
(Note: USEPA granted interim approval of certain
elements of the Illinois operating permit program (Title
V) on March 7, 1995 (at 60 Fed. Reg. 12478). USEPA
stated that Illinois must cure certain deficiencies in the
program to gain full approval, including correction of
certain deficiencies in the insignificant activities
regulations, amendment of Section 39.5(13)(c)(vi) of the
Act to require the use of the significant modification
procedure to incorporate emissions trades into CAAPP
permits, development of regulations defining enhanced
new source review for implementing 40 CFR
70.7(d)(1)(v), and incorporation of the federal acid rain
provisions into the Act by reference. Illinois must
submit a complete corrected program package for
USEPA review by September 9, 1996. See issue 493,
April, 1995.)
AA Risk Management Rules Adopted
On June 20, 1996 (61 Fed. Reg. 31667), USEPA
adopted Clean Air Act (CAA) risk management
program regulations. Section 112(r) of the CAA
requires USEPA to adopt rules to prevent the accidental
release of regulated substances and reduce the impact of
those releases that do occur. The regulated substances
of interest are those listed in 40 CFR 68.130. The new
regulations will apply to any stationary source that
contains more than a threshold amount of any regulated
substance in its processes. The rules, effective August
19, 1996, divide the universe of covered facility
processes into three groups (Programs 1, 2, and 3)
based on site-specific factors: the off-site consequences
of a worst-case release, the accident history of the
facility, and compliance with the Occupational Safety
and Health Administration's (OSHA's) Process Safety
Management Standard (29 CFR 1910.119). Since the
regulations operate on a process-by-process basis, a
single facility could have processes in different program
levels.
USEPA has attempted to temper the impact of the
regulations. It stated that it coordinated the
development of the rules with OSHA and the
Department of Transportation (USDOT). It is
encouraging sources to use existing emergency response
plans, rather than developing independent risk
management plans (RMPs), where possible. USEPA
has provided reference tables for use as guidance by
small businesses in assessing the worst-case release. It
has developed guidance for the ammonia refrigeration
industry and intends to develop guidance for the
propane handling and drinking water industry. (See
below in this item.) USEPA stated that it hopes that
other industry sectors will work together to develop
model RMPs. The deadline for compliance is the later
of June 21, 1999, three years after a regulated substance
is first listed, or one year after a regulated substance is
first present in a process in a quantity greater than the
threshold amount.
Program 1 will apply to processes that have no
history of off-site accidents within the preceding five
years and no public receptors in the toxic or flammable
"worst-case circle.” A worst-case analysis must be
done for a Program 1 facility. The owner or operator
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must certify that it does not need to undertake any
additional prevention steps, and it must coordinate
emergency response with local authorities. The process
RMP must contain a summary, registration, worst-case
data, the 5-year accident history, and certification.
Program 2 processes are those that do not fulfill the
prerequisites for Programs 1 or 3. In addition to the
Program 1 requirements, the owner or operator of a
Program 2 process must have a document management
system and its safety program must include safety
information, hazard review, operating procedures,
training, maintenance, incident investigation, and
compliance audit provisions. The Program 2 must
develop an RMP and program, and the RMP must
additionally include alternative release, prevention
program, and emergency response data.
Program 3 processes are those that fall into certain
Standard Industrial Classification (SIC) codes: 2611
(pulp mills), 2812 (chlor-alkali), 2819 (industrial
inorganics), 2821 (plastics and resins), 2865 (cyclic
crudes), 2869 (industrial organics), 2873 (nitrogen
fertilizers), 2879 (agricultural chemicals), and 2911
(petroleum refineries). Program 3 processes are also
those subject to the OSHA Process Safety Management
(PSM) standard (29 CFR 1910.119), unless the process
is eligible for Program 1. The Program 3 requirements
add change management, pre-startup review, contractor,
employee participation, and hot work permit
requirements to the Program 2 requirements. Program
3 RMP requirements are parallel to those for Program
2.
In a related amendment of the same date (61 Fed.
Reg. 31730), USEPA adopted a stay of the List Rule,
which sets forth the regulated substances to which the
RMP program applies. USEPA stayed segments of the
List Rule for 18 months, until December 22, 1997, that
are the subject of certain proposed amendments. Those
amendments relate to the applicability of the RMP rules
to stationary sources, mixtures containing regulated
flammable substances, and regulated explosive
substances. The stay applies to the applicability of the
definition of "stationary source" as it applies to
naturally-occurring hydrocarbon reservoirs and the
transportation of natural gas or liquid petroleum under a
certified state program, to gasoline in distribution or
storage for use as fuel in internal combustion engines,
naturally-occurring hydrocarbon mixtures prior to entry
to a petroleum refining unit, and mixtures of a regulated
flammable substance that does not have a National Fire
Protection Association hazard rating of 4. Further,
when proposing the stay on April 15, 1996 (61 Fed.
Reg. 16598), USEPA has proposed deleting explosives
from the List Rule. For this reason, USEPA did not
provide for explosives in the RMP rules. (See memo of
May 9, 1996.)
Finally, USEPA announced the availability of three
RMP-related guidance documents in the same issue of
the
Federal Register
(61 Fed. Reg. 31733). The
documents available are entitled "RMP Offsite
Consequence Analysis Guidance,” "Model Risk
Management Program and Plan for Ammonia
Refrigeration,” and "Risk Management Plan Data
Elements.” "RMP Offsite Consequence Analysis
Guidance" includes the methodologies and reference
tables for development of worst-case and alternative
scenarios for RMP rule compliance. "Model Risk
Management Program and Plan for Ammonia
Refrigeration" sets forth a model program plan to aid
owners and operators of ammonia refrigeration
facilities. "Risk Management Plan Data Elements" sets
forth the types of information that should comprise an
RMP.
(Note: The preamble discussion (61 Fed. Reg.
31688) notes that CAA section 502(b)(5)(A) very clearly
indicates that the risk management program
requirements must be enforceable through a Title V
permit. This means that state permit requirements must
assure compliance with the RMP rules.)
ndustrial Combustion Rulemaking Advisory
Committee to Form
On June 21, 1996 (61 Fed. Reg. 31883), USEPA
announced its intent to form an industrial combustion
rulemaking advisory committee. USEPA explained that
sections 112 and 129 of the Clean Air Act (CAA)
identifies seven categories of combustion sources:
industrial boilers, commercial-institutional boilers,
process heaters, industrial-commercial solid waste
incinerators, other solid waste incinerators, stationary
gas turbines, and stationary internal combustion
engines, for which USEPA must develop national
emission standards for hazardous air pollutants
(NESHAPs) by the year 2000. USEPA stated that it
must perform periodic review of the CAA section 111
new source performance standards (NSPS). USEPA
believes that a coordinated advisory committee that
addresses all categories of sources at the same time will
result in more consistent regulations and greater
environmental benefits. USEPA invited nominations
for the committee.
imitations of Consumer and Commercial
Products VOM Emissions: Proposed Limitations
for Architectural Coatings
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On June 25, 1996 (61 Fed. Reg. 32729), USEPA
proposed volatile organic material (VOM) emissions
limitations on a class of consumer and commercial
products for U.S. sale and distribution: architectural
coatings. 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. The
proposed rule would define an "architectural coating" as
"a coating recommended for field application to
stationary structures and their appurtenances, to
portable buildings, to pavements, or to curbs.” The
proposed regulation would impose limitations on the
VOM content of 55 categories of architectural coatings.
It would also impose product labeling, testing,
recordkeeping, and reporting requirements.
Alternatively to compliance with the VOM limitation,
USEPA is considering allowing the importer or
manufacturer to pay an "exceedance fee" to keep the
product on the market. USEPA anticipates that it will
adopt the rules in time so that they will become
effective as to coatings imported or manufactured for
sale or distribution in the U.S. on and after April 1,
1997.
USEPA estimated that the rule would nationally
reduce VOM emissions from these products by 106,000
tons per year (tpy), or by 20 percent of the 530,000 tpy
in base year 1990 emissions. The reductions in ozone
nonattainment areas would amount to about 46,800 tpy,
at an approximate cost of $538 per ton reduced in those
areas. USEPA estimated that the overall societal cost of
the regulations would amount to $25 million. It
anticipates that if all products that exceed the VOM
limitation are reformulated to comply, the cost of
compliance will be about $260 per ton of reduction in
VOM emissions. USEPA estimated that about 12
percent of the market would pay an exceedance fee for
their products, which comprise 2 percent of industry
output, rather than comply with the applicable VOC
limitations.
(Note: This is the second consumer products VOM
limitations proposal published by USEPA this year. On
April 2, 1996 (61 Fed. Reg. 14531), USEPA proposed
VOM emission standards for 24 categories of household
consumer products, ranging from air fresheners to
automotive and household cleaners, hairsprays,
adhesives, household pesticides, nail polish removers,
and shaving creams. USEPA estimated that the
proposed household consumer products emission
standards would reduce VOC emissions nationally by
90,000 tons per year, at a cost of $260 per ton of VOC
removed nationwide, which translates to $563 per ton
when proportioned for the usage by the 110 million out
of 260 million Americans who live in nonattainment
areas for ozone. See issue 504, May, 1996.)
SEPA Advisory Committee Meetings
On June 25, 1996 (61 Fed. Reg. 32796), USEPA
announced meetings of five of its advisory committees.
The committees involved are the Integrated Risk Project
Steering Committee, the Ecological Processes and
Effects Committee, the Environmental Health
Committee, the Drinking Water Committee, and the
Radiation Advisory Committee.
The Integrated Risk Project (IRP) Steering
Committee is an ad hoc committee established by the
Executive Committee of the Science Advisory Board
(SAB). IRP's mission is to develop an updated ranking
of the relative risk of different environmental problems
based upon explicit scientific criteria, to provide an
assessment of techniques and criteria that could be used
to discriminate among emerging environmental risks
and identify those that merit immediate attention, to
assess the potential for risk reduction and propose
alternative risk reduction strategies, and to identify the
uncertainties and data quality issues associated with the
relative rankings. It was scheduled to meet in
Alexandria, Virginia on July 16 and 17, 1996.
The Ecological Processes and Effects Committee
(EPEC) of the SAB is intended to evaluate the process
for framing the risk assessment to respond to
management goals; to select relevant assessment
endpoints and measures and develop conceptual models
that represent the interactions among multiple stressors,
exposure pathways, ecological effects, and ecosystem
processes; and to develop an analysis plan. EPEC will
meet on July 18 and 19, 1996 in Washington, DC
SAB's Environmental Health Committee (EHC) is
engaged in two studies of interest. EHC will discuss
and review two documents: the EPA's Proposed
Guidelines for Neurotoxicity Risk Assessment and the
revised Thyroid Cancer Risk Assessment Policy
Document. It will meet on July 18 and 19, 1996 in
Washington, DC
The Drinking Water Committee (DWC) will meet
on July 16 through 18, 1996 in Washington, DC The
purpose of the DWC meeting is to evaluate the
approach to enumerating pathogens in drinking water
supplies, to identify procedures and advice relating to
endocrine disruptors, to consider the impacts revisions
to the Cancer Guidelines may have on the assessment of
waterborne cancer hazards, to finish drafting the
DWC's report on the Agency's five year research plan
for microbes and disinfectant by-products.
SAB's Radiation Advisory Committee (RAC)
meeting will plan an upcoming review on the
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Multi-Agency Radiation Survey and Site Investigation
Manual (MARSSIM) and receive briefings from the
Office of Radiation and Indoor Air (ORIA) on
uncertainty in radiation risk estimates, models and
environmental goals for ORIA as well as a consultation
on environmental indicators. RAC will meet on July 31
and August 1, 1996 in Washington, DC
roposed Revision of 1986 Guidelines for Cancer
Risk Assessments
On June 25, 1996 (61 Fed. Reg. 32799), USEPA
invited public comment on its proposed amendments to
the 1986 Guidelines for Cancer Risk Assessment. That
proposed amendments appeared in the
Federal Register
on April 23, 1996 (61 Fed. Reg. 17960). USEPA stated
that it has used the 1986 Guideline to evaluate numerous
environmental agents. The results of its studies were
put into its Integrate Risk Information System (IRIS)
and subsequently used in making USEPA regulatory
decisions. Once USEPA finalizes the new guidelines, it
intends to continue to use the IRIS data based on the
1986 Guideline studies, so long as that data remains
valid, but USEPA does not intend to reassess all
substances in IRIS under the new guidelines. USEPA
states that under the new guidelines it intends to
annually publish a list of potential candidate substances
for evaluation.
roposed TSCA Rule to Require Testing Health
Effects of 21 CAA HAPs
On June 26, 1996 (61 Fed. Reg. 33177), USEPA
proposed a rule under the Toxic Substances Control Act
that would require the manufacturers of 21 Clean Air
Act (CAA) hazardous air pollutants (HAPs) to test them
for certain health effects. The 21 compounds are
biphenyl, carbonyl sulfide, chlorine, chlorobenzene,
chloroprene, 3 cresol isomers, diethanolamine,
ethylbenzene, ethylene dichloride, ethylene glycol,
hydrochloric acid, hydrogen fluoride, maleic anhydride,
methyl isobutyl ketone, methyl methacrylate,
naphthalene, phenol, phthalic anhydride,
1,2,4-trichlorobenzene, 1,1,2-trichloroethane, and
vinylidene chloride. USEPA further sought proposals
for performance of pharmokinetic studies that would
allow extrapolation of oral dose rates to predict risk
from inhalation exposure. USEPA also withdrew an
August 12, 1986 (51 Fed. Reg. 28840) proposal for
testing the oncogenicity of vinylidene chloride.
roposed Restrictions on the Use of Pesticides to
Protect Groundwater Supplies
On June 26, 1996 (61 Fed. Reg. 33259), USEPA
proposed restrictions on the use of five pesticides
identified as probable or possible carcinogens. The
proposed restrictions on the use of alachlor, atrazine,
cyanazine, metolachlor, and simazine will allow states
to protect groundwater resources through the
development of pesticide state management plans
(SMPs). A pesticide SMP will be implemented in the
context of a larger comprehensive state groundwater
protection program, which describes the state's overall
approach to groundwater protection An SMP will
consist of several elements that describe the state's
ground-water protection philosophy and its resources for
controlling use of the pesticide and accomplishing its
goals. Under the proposed rules, USEPA would
evaluate a state plan for pesticide use restrictions and
use its authorities under the Federal Insecticide,
Fungicide, and Rodenticide Act to restrict the use of the
pesticide. In proposing SMPs for the five pesticides,
USEPA outlined that 15 additional pesticides are under
consideration for SMPs.
mendments Proposed for CAA Nonmetallic
Mineral Processing Plant NSPS
On June 27, 1996 (61 Fed. Reg. 33415), USEPA
proposed amendments to the Clean Air Act (CAA)
standards of performance for new stationary sources
(NSPS) applicable to nonmetallic mineral processing
plants. USEPA adopted the NSPS on August 1, 1985
(50 Fed. Reg. 31328). USEPA stated that the proposed
amendments are intended to reduce the costs associated
with emissions testing, recordkeeping, and reporting.
The proposed amendments would not affect the
numerical emissions limitations, except those applicable
to individual enclosed storage bins.
ew CAA Emissions Standards Proposed for
Highway Heavy-Duty Engines
On June 27, 1996 (61 Fed. Reg. 33421), USEPA
proposed new Clean Air Act engine emissions standards
for heavy-duty highway engines. The proposed
amendments would reduce emissions from bus and truck
engines beginning in model year 2004. USEPA stated
that the amendments would reduce nitrogen oxides
(NO
x
) emissions by 50 percent and also reduce
Hydrocarbon and particulate matter emissions from
these engines. Several provisions of the amendments
would increase the durability of emissions controls and
provide flexibility to manufacturers in complying with
the rules.
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nternal Guidance for Deriving Superfund MRLs
and Existing MRLs for Hazardous Substances
Republished
On June 27, 1996 (61 Fed Reg. 33511), the
Department of Health and Human Services, Agency for
Toxic Substances and Disease Registry (ATSDR)
republished its internal guidance for development of
minimum risk levels (MRLs) for hazardous substances
occurring at Superfund sites. ATDSR originally
published the guidance on May 23, 1996 (61 Fed. Reg.
25873), but republication was necessary due to errors in
the document as originally published. (See memo of
June 21, 1996.) A listing of the several hazardous
substances for which MRLs have already been
developed appears in the guidance. As previously
stated, the Superfund Amendments and Reauthorization
Act requires that ATSDR and USEPA work jointly with
regard to hazardous substances found at Superfund sites.
ATSDR and USEPA are to derive a listing of the
hazardous substances most commonly found at these
sites and prepare toxicological profiles of these
substances to determine significant human exposure
levels (SHELs). ATSDR developed the MRLs in the
course of fulfilling the mandate to develop SHELs.
ASTDR stated that it used the "no-adverse-effect-
level/uncertainty factor approach" and considered "the
people most sensitive to such substance-induced effects"
in deriving the MRLs. The MRLs are derived for acute
(1-14 days), intermediate (15-364 days), and chronic
(365 or more days) exposure durations and the oral and
inhalation routes of exposure.
roposed Addition of Seven Industry Groups to
EPCRA Reporting Requirements
On June 27, 1996 (61 Fed. Reg. 33587), USEPA
proposed the addition of seven industry groups to the
reporting requirements under section 313 of the
Emergency Planning and Community Right-to-Know
Act of 1986 (EPCRA) and section 6607 of the Pollution
Prevention Act of 1990 (PPA). The seven industry
groups are metal mining, coal mining, electric utilities,
commercial hazardous waste treatment, wholesale
chemicals and allied products, wholesale petroleum bulk
stations, and solvent recovery services. Under EPCRA
section 313 certain manufacturing facilities in SIC codes
20 through 39 report annually on their releases,
transfers, and other waste management practices with
regard to more than 600 listed toxic chemicals and
chemical categories. The information provided is then
made publicly available through a variety of means,
including an annual report issued by USEPA. USEPA
and the states use the information as the basis for
environmental decisionmaking. USEPA estimated that
SIC codes 20 through 39 represent only 0.4 percent of
facilities nationwide and only 5 percent of the toxics
release inventory. For these reasons, USEPA is
proposing expansion of the industry segments required
to report. In the same issue of the
Federal Register
(61
Fed. Reg. 33619), USEPA announced that it will
conduct public meetings on August 7, 1996 in San
Francisco and August 14, 1996 in Washington, DC to
discuss the proposed added industry groups.
dministrative Stay of Used Oil Mixtures Rule
Vacated
On June 28, 1996 (61 Fed. Reg. 33691), USEPA
published a notice explaining the effect of a recent court
action on an administrative stay of the used oil mixtures
rule. USEPA stated that the January 19, 1996 order of
the District of Columbia Circuit court was to reinstate
the mixtures rule.
Pursuant to Section 3014(a) of RCRA (42 U.S.C.
§ 6935(a)), as added by § 7(a) of the Used Oil
Recycling Act of 1980, Pub. L. 96-463, 94 Stat. 2055,
2057, and amended by § 242, of the Hazardous and
Solid Waste Amendments of 1984, Pub. L. 98-616, 98
Stat. 3221, 3260, USEPA adopted the used oil
regulations on September 10, 1992 (57 Fed. Reg.
41566). Those regulations set forth a set of less
burdensome rules that apply to used oil destined for
recycling in lieu of the general hazardous waste
management regulations. USEPA intended to ensure
that hazardous waste regulation of used oil does not
discourage recycling of this material, consistent with the
protection of human health and the environment. A
segment of the used oil rules, the mixtures rule, governs
when mixtures of hazardous waste and used oil are
regulated as hazardous waste and when they are
regulated under the used oil standards (and the general
hazardous waste rules, including the land disposal
restrictions, are inapplicable).
A couple of weeks after USEPA promulgated the
used oil regulations, the District of Columbia federal
court released its decision in
Chemical Waste
Management, Inc. v. EPA
, 976 F.2d 2 (DC Cir. 1992),
cert. denied
, -- U.S. --, 113 S. Ct. 1961 (1993), in
which the court determined that USEPA could not allow
dilution as an acceptable form of waste treatment for the
purposes of land disposal. Challenges subsequently
arose to the used oil mixtures rule of 40 CFR 279.10(b)
based on the
Chemical Waste Management
decision, in
Safety-Kleen Corp. v. EPA
, No. 92-1629 (DC Cir.) On
September 15, 1994, by agreement of the parties, the
court remanded the used oil mixtures rule to USEPA for
further consideration. As a result, USEPA intends to
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propose a new regulation governing the management of
used oil mixtures.
On October 30, 1995 (60 Fed. Reg. 55202), USEPA
stayed the segment of the used oil regulations, at 40
CFR 279.10(b)(2), applicable to mixtures of used oil
and characteristic waste or waste listed because it
exhibits a characteristic of hazardous waste that is
destined for recycling. (see memo of November 15,
1995.) The effect of that stay was that the general
hazardous waste regulations, including the land disposal
restrictions, apply to these used oil mixtures until
USEPA takes further regulatory action. USEPA
undertook this action until it could adopt a new used oil
mixtures rule, it will stay 40 CFR 279.10(b)(2).
The court vacated the stay because it believed that
USEPA could not amend an effective rule without
notice and comment. The court believed that USEPA
would vacate the rule only under the good cause
exception of the federal Administrative Procedure Act.
USEPA stated that the effect of the stay was to reinstate
the mixtures rule.
(Note: The Board will act in the next RCRA Subtitle
C update docket, R96-10, the time-frame of the original
October 30, 1995 stay, despite the fact that the
appropriate docket for normally acting on this notice
would be R97-5, for the period January 1 through June
30, 1996. The likely effect of Board action on this
notice is non-action on the original stay. The stay
actually worked to make the regulatory burden greater
on affected facilities by making their wastes subject to
the general hazardous waste standards.)
omment Invited on USEPA Options in Dealing
with WTO Decision on CAA Reformulated
Gasoline
On June 28, 1996 (61 Fed. Reg. 33703), USEPA
invited comments on its options in light of a decision of
the World Trade Organization (WTO) that the Clean Air
Act (CAA) reformulated gasoline rules violated U.S.
obligations under the General Agreement on Tariffs and
Trade (GATT). WTO determined, based on a
complaint filed by Venezuela and Brazil, that the
reformulated gasoline rules unjustifiably discriminated
against imported gasoline. USEPA is trying to identify
and evaluate options for responding to the decision
consistent with the protection of human health and the
environment and U.S. obligations under GATT. The
reformulated gasoline regulations require refiners to use
a baseline of 1990 for fuel quality. USEPA stated that
there is presently no way for importers to gauge their
1990 quality.
AA Advisory Committee to Meet
On June 28, 1996 (61 Fed. Reg. 33736), USEPA
announced that the Clean Air Act (CAA) Advisory
Committee was to meet in Arlington, Virginia on July
31, 1996. The committee advises USEPA on issues
relating to all aspects of implementation of the CAA.
USEPA did not state the agenda for the meeting.
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inal Decisions 6/6/96
93-99
LTV Steel Company v. EPA - The Board granted
voluntary withdrawal of this RCRA Subtitle C permit
appeal involving a Putnam County facility.
Consolidated with PCB 94-333.
93-173
Quantum Chemical Corporation, USI Division
v. EPA - The Board granted voluntary dismissal of this
NPDES permit appeal involving a Grundy County
facility.
94-216
Amoco Oil Company v. EPA - The Board
granted voluntary withdrawal of this underground
storage tank enforcement action involving a Kane
County facility
94-333
LTV Steel Company v. EPA - The Board
granted voluntary withdrawal of this RCRA Subtitle C
permit appeal involving a Putnam County facility.
Consolidated with PCB 93-99.
95-51
Don Carson Steinheimer and Ray Darrow
Steinheimer as Co-Executors of the Estate of Irene D.
Steinheimer, deceased v. EPA - The Board granted
voluntary dismissal of this underground storage tank
enforcement action against a Morgan County facility.
96-128
People of the State of Illinois. v. Ronald
Workman, d/b/a Ron’s Service Center- The Board
accepted a stipulation and settlement agreement in this
land enforcement action against a Sangamon County
facility, ordered the respondent to pay a civil penalty of
$5,000.00, and ordered him to cease and desist from
further violation.
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96-137
People of the State of Illinois. v. Kimball Hill,
Inc., an Illinois corporation- The Board accepted a
stipulation and settlement agreement in this water
enforcement action against a Lake County facility,
ordered the respondent to pay a civil penalty of
$15,000.00, and ordered it to cease and desist from
further violation.
96-160
People of the State of Illinois. v. Bobak Sausage
Company, an Illinois corporation - 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
$10,000.00, and ordered it to cease and desist from
further violation.
96-179
Gilbert and Linda Marshall v. Danny
Lingenfelter, individually and as President of the
Central Illinois Dirt Riders Association - The Board
dismissed this citizen's air and noise enforcement action
against a Fulton County facility, concluding that the
respondent was an amateur or professional sporting
activity, as defined and exempted by the Act.
96-199
Aurora Electronics, Inc. v. EPA - Having
previously granted a request for an extension of time to
file to 90 days, the Board dismissed this docket because
no underground storage tank appeal was filed on behalf
of this Cook County facility.
96-204
Downtown Oil v. EPA - Having previously
granted a request for an extension of time to file to 90
days, the Board dismissed the matter because no
underground storage tank reimbursement determination
appeal was timely filed on behalf of this Cook County
facility.
96-205
Daily Southtown, Inc. v. EPA - Having
previously granted a request for an extension of time to
file to 90 days, the Board dismissed this docket because
no air permit appeal was timely filed on behalf of this
Cook County facility.
96-223
People of the State of Illinois. v. Tucker
Properties, Inc. d/b/a Rollins Crossing Shopping Center
- The Board accepted a stipulation and settlement
agreement in this land enforcement action against a
Lake County facility, ordered the respondents to pay a
civil penalty of $10,000.00, and ordered it to cease and
desist from further violation.
96-248
Shell Wood River Refining Company v. EPA -
Upon receipt of an Agency recommendation, the Board
granted this Madison County facility a 45-day
provisional variance from the sulfur dioxide emissions
limitations of the air pollution control regulations
applicable in the Illinois portion of the St. Louis
metropolitan area, for the period from August 1, 1996
to September 14, 1996.
96-249
City of Savanna v. EPA - Upon receipt of an
Agency recommendation, the Board granted this Carroll
County facility a 45-day provisional variance from the
requirement to discharge only in accordance with its
NPDES permit certain total suspended solids effluent
requirements of the water pollution control regulations,
for the period beginning May 30, 1996 and ending after
45 days or when treatment plant repairs are completed,
whichever comes first.
AC 95-11
EPA v Gordon McCann - The Board granted
voluntary dismissal of the respondent Larson
Foundation and entered a default order against the
respondent Gordon McCann, finding that this Logan
County respondent had violated Section 21(p)(1) of the
Act and ordering him to pay a civil penalty of $500.00.
AC 96-45
EPA v James E. Deisher - The Board entered
a default order, finding that this Lawrence County
respondent had violated Sections 21(p)(1), 21(p)(2), and
21(p)(3) of the Act and ordering him to pay a civil
penalty of $1,500.00.
AS 93-1
In the Matter of: Petition of Quantum
Chemical Corporation, USI Division, for an Adjusted
Standard from 35 Ill. Adm. Code 304.129(c) - The
Board granted voluntary dismissal of this petition filed
on behalf of a Grundy County facility for an adjusted
standard from certain biochemical oxygen demand and
total suspended solids effluent requirements of the water
pollution control regulations.
AS 95-1
In the Matter of: Petition of Tommy House
Tire Company, Inc. for an Adjusted Standard from 35
Ill. Adm. Code Part 848.202(b)(2) and 848.202(b)(5)
The Board granted reconsideration and removed a
condition from the adjusted standard granted the Macon
County petitioner on March 21, 1996, with conditions
from certain tire and building separation requirements
of the land pollution control (used tire) regulations.
AS 95-3
In the Matter of: Joint Petition of the City of
Metropolis and the Illinois Environmental Protection
Agency for an Adjusted Standard from 35 Ill. Adm.
Code Part 304 for 5-day Biological Oxygen Demand
(Bod-5), suspended Solids and Ammonia Nitrogen - The
Board granted this Massac County petitioner an adjusted

ENVIRONMENTAL REGISTER No. 506
July, 1996
20
standard, with conditions, from certain of the
biochemical oxygen demand, total suspended solids,
and ammonia nitrogen effluent requirements of the
water pollution control regulations.
F
F
inal Decisions 6/20/96
inal Decisions 6/20/96
92-108
The OK Trucking Company v. EPA - The Board
granted voluntary dismissal of this underground storage
tank reimbursement determination appeal involving a
Cook County facility.
94-275
People of the State of Illinois. v. Boyd Brothers ,
Inc.- The Board accepted a stipulation and settlement
agreement in this water enforcement action against a
Williamson County facility, ordered the respondent to
pay a civil penalty of $9,750.00, and ordered it to cease
and desist from further violation. Consolidated with
PCB 94-311.
94-311
People of the State of Illinois v. Abandon Mined
Lands Reclamation Council, an Illinois state entity - The
Board granted voluntary dismissal of citizen’s water
enforcement action against a Williamson County facility.
Consolidated with PCB 94-275.
96-129
People of the State of Illinois. v. Siciliano, Inc.
an Illinois corporation - The Board accepted a stipulation
and settlement agreement in this air enforcement action
against a number of Sangamon County facilities, ordered
the respondent to pay a civil penalty of $5,000.00, and
ordered it to cease and desist from further violation.
96-142
People of the State of Illinois. v. A.E. Staley
Manufacturing Company, a Delaware corporation - The
Board accepted a stipulation and settlement agreement in
this land enforcement action against a Macon County
facility, ordered the respondent to pay a civil penalty of
$35,000.00 and ordered it to cease and desist from
further violation.
96-145
People of the State of Illinois. v. Schmidt Bros.
Landscaping, Inc. an Illinois corporation- The Board
accepted a stipulation and settlement agreement in this
land enforcement action against a Will County facility,
ordered the respondent to pay a civil penalty of
$5,000.00, and ordered it to cease and desist from further
violation.
96-174
The Knapheide Mfg. Co. v. EPA - The Board
granted this Adams County facility a variance, subject to
conditions, from certain volatile organic material (VOM)
emissions requirements applicable to miscellaneous
metal parts and products coating operations using air
dried coating and extreme performance coating.
96-213
Edelstein Water Co-Op v. EPA - The Board
granted this Peoria County facility a variance, subject to
conditions, from the standards of issuance and restricted
status provisions of the public water supplies regulations,
as they would otherwise relate to the radium content of
drinking water.
96-216
Richard Johnson 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 appeal was timely filed on behalf of this
McHenry County facility.
AC 96-44
County of Will v. Carl Smits - The Board
entered a default order, finding that this Will County
respondent had violated Section 21(p)(3) of the Act and
ordering him to pay a civil penalty of $500.00.
AC 96-46
County of Montgomery v. Envotech-Illinois,
Inc. - The Board entered a default order, finding that this
Montgomery County respondent had violated Section
21(o)(5) of the Act and ordering it to pay a civil penalty
of $500.00.
AC 96-47
EPA v. Frank A. Olson - The Board entered a
default order, finding that this Henderson County
respondent had violated Section 21(p)(1) of the Act and
ordering him to pay a civil penalty of $500.00.
AS 96-8
In the Matter of: Petition of Central Illinois
Light Company (Duck Creek Station) petition for an
Adjusted Standard from 35 Ill. Adm. Code Part 302.208
and 35 Ill. Adm. Code Part 304.105 - The Board granted
this Fulton County facility an adjusted standard, with
conditions, from certain of boron effluent discharge
requirements and water quality standards of the water
pollution control regulations.
R95-20
In the Matter of: RCRA Subtitle C Update,
USEPA Regulations (1-1-95 through 6-30-95, 7-7-95, 9-
29-95, 11-13-95 & 6-6-96) - The Board adopted identi-
cal-in-substance amendments to the Illinois RCRA Sub-
title C hazardous waste regulations to correspond with
USEPA revisions to the federal hazardous waste program
made during the period January 1 through June 30, 1995.
For further information, see Rulemaking Update.
N
N
ew Cases 6/6/96
ew Cases 6/6/96

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July, 1996
ENVIRONMENTAL REGISTER NO. 506
21
96-235
People of the State of Illinois. v. Medalist, Inc -
The Board received this air and land enforcement action
against a DuPage County facility for hearing.
96-236
Shell Oil Products Company v. EPA - The Board
ordered the filing of an amended petition on behalf of a
Cook County facility for a variance from certain of the
risk-based soil remediation requirements of the land
pollution control (underground storage tank) regulations.
96-237
People of the State of Illinois. v. ESG Watts, Inc -
The Board received this land enforcement action
involving a Sangamon County facility for hearing.
96-238
Citizens United For A Responsible Environment
v. Browning-Ferris Industries of Illinois, Inc. and the
Village Board of the Village of Davis Junction, Illinois -
The Board accepted this pollution control facility
(landfill) siting appeal involving a proposed Ogle County
facility for hearing.
96-239
The Solar Corporation v. EPA - The Board ac-
cepted this petition filed on behalf of a Lake County fa-
cility for a variance from the volatile organic material
emissions requirements of the air pollution control regu-
lations applicable to application of interior air-dried
coatings to automotive/transportation plastic parts in the
Chicago metropolitan area for hearing.
96-240
People of the State of Illinois. v. Rogers O’Hare
Motor Terminal Limited and Carolina Freight Carriers
Corporation - The Board received this water and
underground storage tank enforcement action against a
Cook County facility for hearing.
96-241
Shell Oil Products Co. v. EPA - Having received
a request for an extension of the time to file to 90 days,
the Board reserved this docket for any underground
storage tank fund reimbursement determination appeal
that might be filed on behalf of this Will County facility.
96-242
American Roofing & Repair Company v. EPA -
The Board accepted underground storage tank fund
reimbursement determination appeal involving a DuPage
County facility for hearing.
96-243
Residents Against A Polluted Environment and
the Edmund B. Thornton Foundation v. County of
LaSalle & Landcomp Corporation - The Board accepted
this pollution control facility (landfill) siting appeal
involving a proposed LaSalle County facility for hearing.
96-244
People of the State of Illinois. v. Langos
Corporation- The Board received this air enforcement
action against a Cook County facility for hearing.
96-245
People of the State of Illinois. v. Pamarco, Inc.-
The Board received this RCRA Subtitle C enforcement
action against a Kane County facility for hearing.
96-246
City of DeKalb v. EPA - The Board held this
petition filed on behalf of a DeKalb County facility for an
extension of the variance granted June 20, 1991 in
PCB91-34 from the standards for issuance and restricted
status requirements of the public water supply regulations
as they relate to the radium content of the petitioner’s
water for the Agency recommendation.
96-247
Macon County Landfill #2 and #3 v. EPA - The
received a request for an extension of the time to file to
90 days any land (landfill) permit appeal on behalf of this
Macon County facility.
96-248
Shell Wood River Refining Company v. EPA -
See Final Actions
96-249
City of Savanna v. EPA
-
See Final Actions
AC 96-48
County of Jackson v. Southern Illinois Re-
gional Landfill - The Board received an administrative
citation against a Jackson County respondent.
AC 96-49
County of Jackson v. Southern Illinois Re-
gional Landfill - The Board received an administrative
citation against a Jackson County respondent.
AC 96-50
County of LaSalle v. Lone Star Industries, Inc.
- The Board received an administrative citation against a
LaSalle County respondent.
AC 96-51
Montgomery County, Illinois v. Envotech-
Illinois, Inc. - The Board received an administrative cita-
tion against a Montgomery County respondent.
AC 96-52
EPA v. City of Mound City - The Board re-
ceived an administrative citation against a Marshall
County respo
ndent.
AS 96-10
In the Matter of: Petition of Commonwealth
Edison Company for an Adjusted Standard from 35 Ill.
Adm. Code 302.211(d) and (e) - The Board ordered the
Will County petitioner to file an amended petition for an
adjusted standard that would grant its Joliet, Will
County, Crawford, and Fisk generating stations an
alternative thermal discharge standard.

ENVIRONMENTAL REGISTER No. 506
July, 1996
22
N
N
ew Cases 6/20/96
ew Cases 6/20/96
96-217
Jewel Food Stores, Inc. and American Store
Properties, Inc., v. EPA - Having previously granted an
extension of time to file, and having received a timely-
filed petition, the Board accepted this underground
storage tank appeal involving a Cook County facility for
hearing.
96-247
Macon County Landfill #2 and #3 v. EPA - The
Board accepted this request for 90-day extension of time
to file a land permit appeal on behalf of a Macon County
facility.
96-250
White & Brewer Trucking, Inc. v. EPA - The
Board accepted this request for 90-day extension of time
to file a land permit appeal on behalf of a Montgomery
County facility.
96-251
Waste Management of Illinois, Inc. (Laraway
RDF, Solid Waste Unit) v. EPA - Having received a
request for an extension to 90 days for time to file, the
Board reserved this docket for any land permit appeal
that might be filed on behalf of this Will County facility.
96-252
Martin & Bayley, Inc. v. EPA - The Board
accepted this underground storage tank reimbursement
determination appeal involving a Marion County facility
for hearing.
96-253
People of the State of Illinois v. Material Service
Corporation, a Delaware corporation - 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
Kane County facility, the Board ordered publication of
the required newspaper notice.
96-254
Marathon Oil Co. v. EPA - The Board ordered
the filing of an amended petition on behalf of this
Crawford County facility for a variance from certain
particulate emissions requirements of the air pollution
control regulations.
96-255
Laidlaw Waste Systems, Inc. v. EPA - The Board
accepted this request for a 90-day extension of the time to
file a land permit appeal on behalf of a Madison County
facility.
96-256
People of the State of Illinois v. Crier
Development Co. - The Board received a water
enforcement action filed against a DuPage County
facility.
96-257
People of the State of Illinois v. Rockford
Blacktop Construction 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
Winnebago County facility, the Board ordered
publication of the required newspaper notice.
AC 96-53
EPA v. Elmer Meints - The Board received an
administrative citation against a Livingston County re-
spondent.
AC 96-54
EPA v. Finger Refuse Service, Inc. - The
Board received an administrative citation against a Lee
County respondent.
AC 96-55
EPA v. Ray Stokes and Ted Bidleman, d/b/a
Ray’s and Bidleman’s Tree Care, and Michael Rengel -
The Board received an administrative citation against a
Peoria County respondent.
AS 96-11
In the Matter of: Petition of Chemetco, Inc. for
an Adjusted Standard from 35 Ill. Adm. Code Part
720.131(a), (c) - The Board acknowledged receipt of this
petition for an adjusted standard petition filed on behalf
of a Madison County facility for a determination that
material accumulated speculatively and material re-
claimed is not solid waste, as such is defined under the
RCRA Subtitle C requirements of the land pollution
control regulations, and held it pending receipt of proof
of publication.
R96-18
In the Matter of: Amendments to 35 Ill. Adm.
Code Subtitle F - The Board opened a new docket for
prospective amendments to the Illinois Title 35, Subpart
F public water supplies regulations in response to an
Agency request that the Board consider certain amend-
ments requested in another proceeding as a separate pe-
tition for rulemaking. For further information, see
Rulemaking Update.

C
C
ALENDAR OF HEARINGS
ALENDAR OF HEARINGS
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.
26-Jul-96
02:00 P.M.
PCB 93-250
A-E
People of the State of Illinois v. Clark Oil & Refining Corporation
--James R.
Thompson Center, Suite 11-500, 100 West Randolph Street, Chicago, Ill
i-
nois
26-Jul-96
10:30 A.M.
PCB 96-198
L-V
Land and Lakes Company (River Bend Prairie Facility) v. IEPA
--James R.
Thompson Center, Suite 11-500, 100 West Randolph Street, Chicago, Ill
i-
nois
29-Jul-96
10:00 A.M.
PCB 93-015
N-E, Citizens
Dorothy Furlan and Michael Furlan v. University of Illinois School of Med
i-
cine--Administration Bldg., Room 501, 504 Elm Street, Roc
kford, Illinois
31-Jul-96
10:00 A.M.
PCB 95-158
L-E
People of the State of Illinois v. City of
Herrin--Herrin City Hall, City Cou
n-
cil Chambers, 300 North Park Street,
Herrin, Illinois
5-Aug-96
01:00 AM
PCB 96-246
PWS-V
City of DeKalb v. IEPA
--City Council Chambers, DeKalb Municipal Buil
d-
ing, DeKalb, Illinois
9 Aug-96
10:00 AM
PCB 96-239
A-V
The Solar Corporation v. IEPA
--Libertyville Village Hall, 118 West Cook
Street, Libertyville, Illinois
14-Aug-96
10:00 AM
PCB 96-107
R, Air
People of he State of Illinois v. ESG Watts, Inc.
--County Building, County
Board Room, 1504 Third Avenue, Rock Island, Illinois
16-Aug-96
10:00 A.M.
R96-017
R, Air
In the Matter of: Exemptions from State Permit Requirements, Amendments
to 35 Ill. Adm. Code 201 and 211
--James R. Thompson Center, 100 West
Randolph, Room 9-040, Chicago, Illinois
19-Aug-96
09:00 A.M.
PCB 96-053
N-E, Citizens
David and Susi Shelton v. Steven and Nancy Crown
--James R. Thompson
Center, 100 West Randolph, Room 9-040, Chicago, I
llinois
20-Aug-96
09:00 A.M.
PCB 96-053
N-E, Citizens
David and Susi Shelton v. Steven and Nancy Crown
--James R. Thompson
Center, 100 West Randolph, Room 9-040, Chicago, I
llinois
21-Aug-96
09:00 A.M.
PCB 96-053
N-E, Citizens
David and Susi Shelton v. Steven and Nancy Crown
--James R. Thompson
Center, 100 West Randolph, Room 9-040, Chicago, I
llinois
21-Aug-96
10:00 A.M.
PCB 95-162
L-V
Illinois Landfill, Inc. v. IEPA
--Vermillion County Court House Annex,
County Board Room, 6 North
Vermillion, Danville, Illinois
23-Aug-96
09:00 A.M.
PCB 96-211
P-A, Air
Hydrosol, Inc. v. IEPA
--James R. Thompson Center, 100 West Randolph,
Room 9-040, Chicago, I
llinois
27-Sept-96
10:00 A.M.
PCB 96-110
N-E, Citizens
Sara Scarpino and Margaret
Scarpino v. Henry
Pratt Company--Old Kane
County Courthouse, Courtroom 110, 100 South Third Street, Geneva, Ill
i-
nois
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

ENVIRONMENTAL REGISTER No. 506
July, 1996
24
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

Back to top


July, 1996
ENVIRONMENTAL REGISTER NO. 506
25
Illinois Environmental Protection Agency
Division of Public Water Supplies
Restricted Status List -- Public Water Supplies
The Restricted Status List was developed to give additional notification to officials of public water supplies which
are in violation of 35 Ill. Adm. Code, Subtitle F: Public Water Supplies, Chapter I or the Illinois Environmental
Protection Act.
The Restricted Status List will include all Public Water Supplies for which the Agency has information indicating a
violation of any of the following requirements: Finished water quality requirements of 35 Ill. Adm. Code, Part 604,
Subparts B and C; maintenance of adequate pressure on all parts of the distribution system under all conditions of
demand; meeting raw water quantity requirements of 35 Ill. Adm. Code 604.502; or maintenance of treatment facilities
capable of providing water "assuredly adequate in quantity" as required by Section 18 of the Illinois Environmental
Protection Act.
A public water supply on the Restricted Status List will not be issued permits for water main extensions, except for
certain limited situations, or unless the supply has been granted a variance from the Illinois Pollution Control
Board for the violation, or from permit issuance requirements of Section 39 of the Act.
This list is continually being revised as new information becomes available, and therefore, specific inquiries as to
the status of any public water supply should be directed to the Division of Public Water Supplies for final
determination. This list reflects the status as of July 1, 1996.
*
Indicates public water supplies which have been added to the list since the previous publication.
**
Indicates actions are being taken by officials to bring the public water supply into compliance.
RDS:sp/0046g/2
Illinois Environmental Protection Agency
Division of Public Water Supplies
Restricted Status List -- Public Water Supplies
July, 1996
POP.
LISTING
NAME OF PUBLIC WATER SUPPLY/COUNTY/FACILITY NO.
RGN
NATURE OF PROBLEM
SERVED
DATE
Acorn Acres Sbdv (Lake Co. - 0975020)
2
Inadequate Pres. Tank
250
12/16/83
Ashley (Washington Co. - 1890100)
6
Trihalomethane
825
06/15/92
Bahl Wtr/Pioneer Acres ( JoDaviess Co. - 0855200)
1
Inad. Pres. Storage
700
12/15/93
Bardolph (McDonough - 1090050)
5
Trihalomethane
299
03/15/95
Bartmann Health Care Center (Logan Co. - 1075169)
5
Inadequate Pres. Tank
93
12/16/83
Bel-Air Sbdv (Will Co. - 1975130)
2
Inadequate Pres. Tank
91
08/04/81
Belmont-Highwood PWD (DuPage Co. - 0435180)
2
Trichloroethylene
498
09/16/93
Beverly Mnr Cntrl Imp Assn (Tazewell Co. - 1795120)
5
Inadequate Pres. Tank
525
03/17/89
Beverly Mnr-Grant (Tazewell Co. - 1795100)
5
Inadequate Pres. Tank
610
03/20/81
Biggsville (Henderson Co. - 0710050)
5
Radium & Radiological
400
03/17/86
Blue & Gold Homeowners Assn (Winnebago Co. - 2015250)
1
Inadequate Press. Tank &
170
06/17/83
Source of Supply
Blue Mound (Macon Co. - 1150100)
4
Nitrate
1,350
09/15/95
Bluff Lake Lodges, Inc (Lake Co. - 0970240)
2
Inad. Pres. Storage
25-200
12/15/93
Bonnie Lane Wtr (Kendall Co. - 0930010)
2
Inadequate Pres. Tank
49
09/16/93
Bradford (Stark Co. - 1750050)
1
Radium
920
03/17/86
Bradley Heights Sbdv (Winnebago Co. - 2015050)
1
Inadequate Pres. Tank
192
09/13/85
Breezeway Sbdv (Tazewell Co. - 1795150)
5
Inadequate Pres. Tank
175
09/17/82
Briar Garden Apts (Winnebago Co. - 2015190)
1
Inadequate Pres. Tank
60
12/17/82
Briarcrest Sbdv Hmownrs Assn (Lake Co. - 0971060)
2
Radium & Gross Alpha
120
12/16/92
Broadview Academy (Kane Co. - 0895149)
2
Radium
304
09/19/86

ENVIRONMENTAL REGISTER No. 506
July, 1996
26
Brookview Sbdv (Peoria Co. - 1435100)
5
Nitrate
300
09/16/93
Bryant (Fulton Co. - 0570200)
5
Radium & Radiological
310
03/15/95
Buck Lake Ests Sbdv (DeKalb Co. - 0375100)
1
Inadequate Pres. Tank
200
09/14/84
Buckingham (Kankakee Co. - 0910250)
2
Inadequate Pres. Tank
330
03/17/89
*
Byron Woods Subdiv. (Rock Island Co. - 1610070)
1
Arsenic
75
06/17/96
*
Camelot Water Company, Inc. (Peoria Co. - 1435450)
5
Trihalomethanes & Atrazine 1,001
06/17/96
Carlinville (Macoupin Co. - 1170150)
5
Atrazine
6,532
03/15/96
Campus (Livingston Co. - 1050050)
4
Inadequate Pres. Tank
230
03/20/81
Carroll Hts Utl Cmpny (Carroll Co. - 0155200)
1
Inadequate Pres. Tank
80
03/20/81
Century Pines Apts (Carroll Co. - 0150020)
1
Inadequate Pres. Tank
50
12/14/90
Cherry Vale East Apts (Winnebago Co. - 2015470)
1
Inadequate Pres. Tank
180
01/14/82
Cherry View Apts (Winnebago Co. - 2015278)
1
Inadequate Pres. Tank
60
06/17/83
Claremont Hills Subdiv. (McHenry Co. - 1115080)
2
Inadequate Pres. Tank
330
03/15/96
Clarendon Wtr Cmpny (DuPage Co. - 0435300)
2
Inadequate Pres. Tank
1,953
03/20/81
Clearview Sbdv (Will Co. - 1975360)
2
Inadequate Pres. Tank
420
01/13/82
Coalton (Montgomery Co. - 1350100)
5
Low System Pressure
325
03/20/81
Coffeen (Montgomery Co. - 1350150)
5
Trihalomethane
800
03/17/92
Community Srvc Corp (McHenry Co. - 1115350)
2
Inadequate Pres. Tank
750
09/16/83
Country Club Mnr Well 1 (Rock Island Co. - 1617286)
1
Inadequate Pres. Tank
32
01/14/82
Croppers 2nd & 3rd Addn (Rock Island Co. - 1615200)
1
Inadequate Pres. Tank
29
12/16/83
Cropsey Cmnty Wtr (McLean Co. - 1135150)
4
Inadequate Pres. Tank
60
03/20/81
Crystal Clear Wtr Cmpny (McHenry Co. - 1115150)
2
Inadequate Pres. Tank
900
09/16/88
*
Crystal Heights Assn (McHenry Co. - 1115150)
2
Inadequate Pres. Tank
93
06/17/96
Ctzns Lombard Heights Dvn (DuPage Co. - 0435700)
2
Inadequate Pres. Tank
980
12/17/82
D and R Apts (Champaign Co. - 0190030)
4
Inadequate Pres Tank
26
09/16/93
Deering Oaks Sbdv (McHenry Co. - 1115200)
2
Inadequate Pres. Tank
60
12/17/82
*
DeKalb (DeKalb Co. - 0370100)
1
Radium
35,000
06/20/96
DeKalb Univ Dvl Corp (DeKalb Co. - 0375148)
1
Inadequate Pres. Tank
950
12/16/92
DePue (Bureau Co. - 0110300)
1
Radium
1,725
09/16/94
DeWitt Cnty Nursing Home ( DeWitt Co. - 0395129)
4
Inadequate Pres. Tank
80
06/17/83
DL Well Owners Assn (Lake Co. - 0975380)
2
Inadequate Pres. Tank
125
03/18/83
*
Donnellson (Bond Co. - 0054360)
6
Trihalomethane
197
06/17/96
Dover (Bureau Co. - 0110350)
1
Inadequate Pres. Tank
200
05/25/81
East Moreland Wtr Assn (Will Co. - 1975600)
2
Inadequate Pres. Tank
753
03/20/81
East Moreland Wtr Corp. (Will Co. - 1975640)
2
Inadequate Pres. Tank
135
03/15/96
Eberts 2nd Addn (Rock Island Co. - 1615280)
1
Inadequate Pressure Tank
35
09/15/89
Echo Lake Black IV Water Assn (Lake Co. - 0970130)
2
Inadequate Pres. Tank
50
06/15/88
Echo Lake Wtr Sys Block 7 (Lake Co. - 0975820)
2
Inadequate Pres. Tank
48
09/16/83
Edelstein Wtr Coop (Peoria Co. - 1435150)
5
Radium & Radiological
115
06/13/86
Elm Oak Mutual Wtr Sys (Lake Co. - 0975736)
2
Inadequate Pres. Tank
45
06/13/86
& Radium
Emmett Utl Inc (McDonough Co. - 1095200)
5
Inadequate Pres. Tank
39
12/17/82
Evergreen Vlg Sbdv (Rock Island Co. - 1615310)
1
Inadequate Pres. Tank
250
03/20/81
Fahnstock Court Sbdv (Peoria Co. - 1435200)
5
Inadequate Pres. Tank
30
05/25/81
Fair Acres Sbdv (Will Co. - 1975680)
2
Inadequate Pres. Tank
185
10/19/81
Fairview (Fulton Co. - 0570450)
5
Radiological, Radium &
620
03/20/81
Inadequate Pressure Tank
Farm Colony (Kendall Co. - 0935140)
2
Radium
25
03/17/86
Forest Lake Addn (Lake Co. - 0975500)
2
Inadequate Pres. Tank
180
12/16/83
Fox Lawn Utl Cmpny (Kendall Co. - 0935150)
2
Radium
240
03/17/86
Galena Knolls Sbdv (Peoria Co. - 1435300)
5
Nitrate
180
06/15/88
Garden Street Imprv Assn (Will Co. - 1975376)
2
Inadequate Pres. Tank
62
09/15/89
Glenkirk Campus North (Lake Co. - 0977189)
2
Inadequate Pres. Tank
64
06/15/88
Glenkirk Campus South (Lake Co. - 0977199)
2
Inadequate Pres. Tank
36
06/15/88
Good Shepherd Manor (Kankakee Co. - 0915189)
2
Inadequate Pres. Tank
140
03/17/89
Great Oaks & Beacon Hls Apts (Winnebago Co. - 2015488)
1
Inadequate Pres. Tank
43
12/17/82
Greenfield Cmnty Well Cmpny (Will Co. - 1975760)
2
Inadequate Pres. Tank
25
12/16/83
Hawthorn Woods (Lake Co. - 0970450)
2
Inadequate Pres. Tank
800
03/15/95
Hazelwood 1st Addn Well 2 (Henry Co. - 0735446)
1
Inadequate Pres. T ank
32
09/17/82
Hazelwood 2nd Addn Well 2 (Henry Co. - 0735666)
1
Inadequate Pres. Tank
32
09/17/82
Hazelwood 2nd Addn Well 3 (Henry Co. - 0735686)
1
Inadequate Pres. Tank
32
09/17/82

July, 1996
ENVIRONMENTAL REGISTER NO. 506

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27
Heatherfield Sbdv (Grundy Co. - 0635150)
2
Inadequate Pres. Tank
91
09/17/82
Hettick (Macoupin Co. - 1170500)
5
Atrazine
250
03/15/95
Hickory Hls Sbdv Assn 1 (Tazewell Co. - 1795386)
5
Inadequate Pres. Tank
31
06/14/85
Hickory Hls Sbdv Assn 2 (Tazewell Co. - 1795396)
5
Inadequate Pres. Tank
30
06/14/85
Highland Lake Sbdv (Lake Co. - 0975750)
2
Inadequate Pres. Tank
294
03/20/81
Highland Sbdv (Kane Co. - 0895530)
2
Inadequate Pres. Tank
50
09/16/83
Hillsboro (Montgomery Co. - 1350300)
5
Atrazine & Trihalomethane
7,249
12/16/94
Hillview Sbdv (Will Co. - 1975800)
2
Inadequate Pres. Tank
99
03/15/85
Homeowners Assn of Four Lakes Subdiv. (LaSalle - 0995110) 1
Radium
45
09/19/88
Hopewell (Marshall Co. - 1235150)
1
Radiological
350
09/15/95
Huntley (McHenry C. - 1110350)
2
Barium
2,453
12/15/95
Huntley Cmnty Sbdv (Will Co. - 1975840)
2
Inadequate Pres. Tank
48
03/16/84
Ill. Prairie Est. Sbdv (LaSalle Co. - 0995300)
1
Radium
45
06/15/88
Ingalls Park Sbdv (Will Co. - 1975880)
2
Inadequate Pres. Tank
690
09/16/83
Island Lake Wtr Cmpny (Lake Co. - 0975080)
2
Iron
2,250
06/15/90
Kingston Mines (Peoria Co. - 1430450)
5
Radium
350
03/17/86
Kinsman (Grundy Co. - 0630450)
2
Radium
150
03/17/86
Kirkwood (Warren Co. - 1870050)
5
Radium & Radiological
1,008
07/23/93
Ladd (Bureau Co. - 0110450)
1
Radium
1,350
10/04/85
Lake Lynwood Wtr Sys (Henry Co. - 0735330)
1
Inadequate Pres. Tank
98
08/31/81
Lake Williamson Christian Center ( Macoupin Co. - 1175100) 5
Atrazine
475
03/15/96
Lakeview Sbdv (Whiteside Co. - 1955150)
1
Inadequate Pres. Tank
146
03/20/81
Lakewood Shores Imprv Assn (Will Co. - 1975930)
2
Radium
93
03/17/86
Lakewood Wtr Sys (Lake Co. - 0975400)
2
Inadequate Pres. Tank
49
12/16/83
Larchmont Sbdv (Winnebago Co. - 2015290)
1
Inadequate Pres. Tank
106
06/17/83
Larson Court Rentals (Rock Island Co. - 1615728)
1
Inadequate Pres. Tank
48
01/14/82
Legend Lakes Wtr Assn (Winnebago Co. - 2015300)
1
Inadequate Pres. Tank
225
03/14/91
Lemon Street Well Cmpny (Rock Island Co. - 1615550)
1
Inadequate Pres. Tank
470
03/20/81
Liberty Park Homeowners Assn (DuPage Co. - 0435600)
2
Inadequate Pres. Tank
1,092
09/17/92
Lindenwood Wtr Assn (Ogle Co. - 1415300)
1
Inadequate Pres. Tank
50
01/13/82
Lisbon North Inc (Grundy Co. - 0631000)
2
Inadequate Pres. Tank
30
09/14/90
Little York (Warren Co. - 1870100)
5
Radium
356
12/16/91
London Mills - (Fulton County - 0574620)
5
Inadequate Pres. Tank
670
12/14/84
Lostant (LaSalle Co. - 0990450)
1
Radium & Radiological
550
03/17/86
Lynn Cntr (Henry Co. - 0735100)
1
Inadequate Pres. Tank
147
03/15/95
Lynnwood Water Corp (LaSalle Co. - 0995336)
1
Inadequate Pres. Tank
114
03/18/83
M C L W Sys Inc (Mercer Co. - 1315150)
1
Inadequate Source
100
03/20/81
Maple Hill Imprv Assn (DuPage Co. - 0435800)
2
Inadequate Pres. Tank &
234
08/31/81
Trichloroethylene
Maple Hill Nursing Ctr (Lake Co. - 0971090)
2
Inadequate Pres. Tank
204
06/15/93
Maple Leaf Ests Wtr Corp (Monroe Co. - 1335100)
6
Inadequate Pres. Tank
39
03/20/81
Mayfair Sbdv (Tazewell Co. - 1795750)
5
Inadequate Pres. Tank
150
03/16/90
Melrose Rental Apts (Kane Co. - 0895228)
2
Inadequate Pres. Tank
38
03/15/94
Metro Util.-Liberty Ridge (DuPage Co. - 0435650)
2
Inadequate Pres. Tank
2,510
03/15/94
Metro Utl Valley Dvn (Kendall Co. - 0935100)
2
Inadequate Pres. Tank
2,200
03/16/90
Mission Brook Sndst (Cook Co. - 0315920)
2
Radium
3,200
03/14/91
Moecherville Sbdv (Kane Co. - 0895300)
2
Inadequate Pres. Tank
1,120
03/20/81
Monmouth (Warren Co. - 1870150)
5
Radium
9,500
12/15/93
*
Mound PWD (St. Clair Co. - 1635050)
6
Inadequate Plant Capacity
1,800
06/17/96
Mount Carroll (Carroll Co. - 0150200)
1
Radium
1,726
12/15/95
Mount Gilead Shcrhm (Greene Co. - 0615129)
6
Inadequate Pres. Tank
28
09/16/83
Naplate (LaSalle Co. - 0990600)
1
Radium
560
03/15/96
Nauvoo (Hancock Co. - 0670500)
5
Trihalomethane
1,200
8/13/93
Neponset (Bureau Co - 0110700)
1
Radium
640
09/14/90
Nokomis (Montgomery Co. - 1350450)
5
Trichloroethylene
2,908
09/15/95
Northern Hills Util. Co. (Stephenson Co. - 1775050)
1
Inadequate Pres. Tank
290
03/15/96
Northside Peterson Wlfnd (DuPage Co. - 0435866)
2
Inadequate Pres. Tank
30
12/15/89
Northwest Belmont Imprv Assn (DuPage Co. - 0435900)
2
Inadequate Pres. Tank
115
09/29/81
Oak Ridge Sndst (Woodford Co. - 2035300)
1
Inadequate Pres. Tank
240
03/20/81
Oakhaven Sbdv (Tazewell Co. - 1795760)
5
Inadequate Pres. Tank
35
05/25/81
Oakview Avenue Wtrwks Inc (Will Co. - 1977210)
2
Inadequate Pres. Tank
350
03/20/81

ENVIRONMENTAL REGISTER No. 506
July, 1996
28
Odell (Livingston Co. - 1050550)
4
Radium
1,100
03/17/86
Olivet Nazarene College (Kankakee Co. - 0915279)
2
Inadequate Pres. Tank
1,450
03/15/94
Ophiem PWS (Henry Co. - 0735150)
1
Inadequate Pres. Tank
150
06/18/82
Osco Mutual Wtr Supply Cpy Inc (Henry Co. - 0735200)
1
Inadequate Pres. Tank
115
12/15/89
Oswego (Kendall Co. - 0930150)
2
Radium
4,500
15/15/95
Park Crest Wtr Cmpny (Stephenson Co. - 1775100)
1
Inadequate Pres. Tank
1,200
09/14/84
Park Hill Ests Well 1 (Rock Island Co. - 1617806)
1
Inadequate Pres. Tank
32
06/18/82
Park Road Wtr Assn (Will Co. - 1977330)
2
Inadequate Pres. Tank
60
12/17/82
Park View Wtr Corp (Kane Co. - 0895500)
2
Inadequate Pres. Tank
150
12/17/82
Pleasant Village (Kane Co. - 0895228)
2
Inadequate Pres. Tank
N/A
06/18/82
Plum Creek Condos (Cook Co. - 0317080)
2
Radium
570
03/17/86
Polo Drive & Saddle Rd Sbdv (DuPage Co. - 0437000)
2
Inadequate Pres. Tank
95
12/17/82
Prairie Ridge Assn (McHenry Co. - 1115730)
2
Inadequate Pres. Tank
140
03/16/90
Prairie View Wtr Assn (Tazewell Co. - 1795900)
5
Inadequate Pres. Tank
55
03/20/81
Ransom (LaSalle Co. - 0990900)
1
Radium
450
03/17/86
Reddick (Kankakee Co. - 0914780)
2
Radium
208
09/16/93
Ridgecrest North Sbdv (Grundy Co. - 0635250)
2
Inadequate Pres Tank
85
09/16/93
Ridgewood Sbdv (Will Co. - 1977650)
2
Inadequate Pres. Tank
315
06/18/82
Rock Island Arsn (Rock Island Co. - 1615387)
1
Trihalomethane
9,000
06/15/92
Rockdale (Will Co. - 1970850)
2
Radium
1,500
03/17/86
Rome Farms #9 (Peoria Co. - 1435500)
5
Nitrate
200
09/15/95
RR 1 - Il Wtr Assn (Macoupin Co. - 1175260)
5
Trihalomethane
81
06/15/92
Salem Childrens Hm (Livingston Co. - 1055229)
4
Inadequate Pres. Tank
66
03/18/83
Save Site (St. Clair Co. - 1635289)
6
Trihalomethane
375
06/15/92
Schram City (Montgomery Co. - 1350600)
5
Trihalomethane
690
06/16/94
Scribner Street Sbdv (Will Co. - 1977660)
2
Inadequate Pres. Tank
50
03/18/83
Shawnita Trc Wtr Assn (Will Co. - 1977690)
2
Inadequate Pres. Tank
125
09/17/92
Silvis Heights Wtr Corp (Rock Island Co. - 1615750)
1
Inadequate Pres. Tank
1,680
03/20/82
Skyview Sbdv (Kankakee Co. - 0915526)
2
Inadequate Pres. Tank
65
09/14/84
South Wilmington ( Grundy Co. - 0630650)
2
Radium
750
03/15/93
Spring Valley (Bureau Co. - 0111000)
1
Radium
5,850
09/17/92
St. Charles Cmsn Wlfnd 3 (DuPage Co. - 0437040)
2
Inadequate Pres. Tank
30
12/15/89
St. Charles Skyline Swr-Wtr Cpy (Kane Co. - 0895030)
2
Inadequate Pres. Tank
1,300
09/19/86
St. Peter (Fayette Co. - 0510300)
6
Trihalomethane
807
06/15/92
Standard (Putnam Co. -1550300)
1
Radium
280
09/16/91
Steeleville (Randolph Co. - 1570650)
6
Radium
2,305
03/17/86
Sturm Sbdv (Lake Co. - 0977010)
2
Inadequate Pres. Tank
63
03/16/84
Suburban Heights Sbdv (Rock Island Co. - 1615800)
1
Inadequate Pres. Tank
114
12/16/83
Summit Homeowners Assn (Lake Co. - 0975280)
2
Inadequate Pres. Tank
48
03/16/84
Sunnyland Sbdv (Will Co. - 1977730)
2
Inadequate Pres. Tank
350
09/16/83
Swedona Wtr Assn (Mercer Co. - 1315200)
1
Inadequate Pres. Tank
100
06/15/90
Sylvan Lake 1st Sbdv (Lake Co. - 0977100)
2
Inadequate Pres. Tank
210
06/14/91
Table Grove (Fulton Co. - 0570900)
5
Radium & Radiological
500
03/20/81
Taylor Springs (Montgomery Co. - 1350650)
5
Trihalomethane
671
03/17/92
The Mill (Winnebago Co. - 2010040)
1
Inadequate Pres. Tank
90
12/16/94
Tindalls 3rd & 6th Addns (Rock Island Co. - 1617376)
1
Inadequate Pres. Tank
28
06/18/82
Towners Sbdv (Lake Co. - 0977250)
2
Inadequate Pres. Tank
238
01/14/82
Trivoli PWD (Peoria Co. - 1435510)
5
Inadequate Pres. Tank
350
06/17/83
Turkey Hollow Well Corp (Rock Island Co. - 1615686)
1
Inadequate Pres. Tank
32
06/18/82
Vermont (Fulton Co. - 0570950)
5
Atrazine
808
09/15/95
Vet's Place Sbdv (Peoria Co. - 1435650)
5
Nitrate & Inadequate
85
12/16/94
Pres. Tank
Wadsworth Oaks Sbdv (Lake Co. - 0977320)
2
Radium
80
09/19/86
Walk-Up Woods Wtr Cmpny (McHenry Co. - 1115800)
2
Inadequate Pres. Tank
763
12/17/82
Wermes Sbdv (Kane Co. - 0895750)
2
Inadequate Pres. Tank
150
12/16/88
*
West Chicago (DuPage Co. - 0430900)
2
Radium
14,796
06/20/96
West Shoreland Sbdv (Lake Co. - 0977050)
2
Inadequate Pres. Tank
220
06/14/91
Westfield (Clark Co. - 0230200)
4
Inadequate Water Source
700
06/15/93
Williamson (Madison Co. - 1191100)
6
Trihalomethane
350
06/15/92
Wonder Lake Water Company (McHenry Co. - 1115750)
2
Inadequate Pres. Tank
1,161
06/16/94
Woodland Hts Ests Sbdv (Peoria Co. - 1435760)
5
Inadequate Pres. Tank
245
03/20/81

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July, 1996
ENVIRONMENTAL REGISTER NO. 506
29
Woodsmoke Ranch Assn (LaSalle Co. - 0990030)
1
Inadeq. Pres. Tank & Radium
350
06/15/90
WSCO Dvl-Ridgewood (Rock Island Co. - 1615670)
1
Inadequate Pres. Tank
475
03/20/81
Yates City (Knox Co. - 0950700)
5
Radium, Inadequate Pres. Tank 900
03/20/81
& Radiological
York Center Coop (DuPage Co. - 0437550)
2
Inadequate Pres. Tank
240
06/15/88
2nd Street Water Assn (Lake Co. - 0971140)
2
Inadequate Pres. Tank
33
12/15/95
Public Water Supplies Removed from Previous List
Bellwood (Cook Co. - 0310150)
Byron Hills Subdiv. Well 6 (Rock Island Co. - 1617266)
Cambridge (Henry Co. - 0730300)
Gardner (Grundy Co. - 0630400)
Geneva (Kane Co. - 0890350)
Pleasant Hill Community Assn (DuPage Co. - 0435980)
Staunton Res. Rd Wtr Corp (Macoupin Co. - 1175250)
Sycamore (DeKalb Co. - 0370550)
Woodland (Iroquois Co. - 0751000)
Illinois Environmental Protection Agency
Division of Public Water Supplies
Critical Review List -- Public Water Supplies
The Critical Review List was developed to give additional notification to officials of public water supplies which
may be close to being in violation of 35 Ill. Adm. Code, Subtitle F: Public Water Supplies, Chapter I or the
Illinois Environmental Protection Act.
A supply will be placed on the Critical Review List when Agency records indicate that it is approaching any of the
violations which would place it on the Restricted Status List.
This list is continually being revised as new information becomes available, and therefore, specific inquiries as to
the status of any public water supply should be directed to the Division of Public Water Supplies for final
determination. This list reflects the status as of July 1, 1996.
*
Indicates public water supplies which have been added to the list since the previous publication.
**
Indicates actions are being taken by officials to bring the public water supply into compliance.
RDS:sp/0046g/4
Illinois Environmental Protection Agency
Division of Public Water Supplies
Critical Review List -- Public Water Supplies
July, 1996
POP.
LISTING
NAME OF PUBLIC WATER SUPPLY/COUNTY/FACILITY NO.
RGN
NATURE OF PROBLEM SERVED
DATE
Albers (Clinton Co. - 0270050)
6
Inadequate Plant Capacity
850
03/15/96
Baylis (Pike Co. - 1490100)
5
Source Capacity
300
09/13/85
Bluford (Jefferson Co. - 0810100)
7
Low System Pressure
465
03/20/81
Carlyle (Clinton Co. - 0270300)
6
Inadequate Treatment Plant 7,978
12/15/93
Clinton (DeWitt Co. - 0390050)
4
Inadequate Plant Capacity
7,437
06/14/91
DePue (Bureau Co. - 0110300)
1
Inadequate Treatment Plant 1,930
12/15/93
Dieterich (Effingham Co. - 0490150)
4
Inadequate Source
568
03/15/94
Edwardsville (Madison Co. - 1190250)
6
Inad. Treatment Plant
30,581
12/15/93
Evansville (Randolph Co. - 1570250)
6
Plant Capacity
1,838
05/25/81
Georgetown (Vermilion Co. - 1830350)
4
Inadequate Water Plant
3,678
06/15/93
Hardin (Calhoun Co. - 0130200)
6
Low System Pressure
1,175
11/25/81
Highland Hls Sndst (DuPage Co. - 0435560)
2
Inadequate Pressure Tank
1,100
09/17/92
Homer (Champaign Co. - 0190300)
4
Inadequate Source
1,300
03/15/94

ENVIRONMENTAL REGISTER No. 506
July, 1996
30
Kincaid (Christian Co. - 0210250)
5
Plant Capacity
2,640
06/14/85
Lake Marian Wtr Corp (Kane Co. - 0895200)
2
Low System Pressure &
800
09/14/84
Inadequate Pres. Storage
Lewistown (Fulton Co. - 0570600)
5
Inadequate Source
2,700
06/15/88
McHenry Shores Wtr Cmpny (McHenry Co. - 1115020)
2
Low System Pressure
1,170
09/17/92
Metro Utl Chickasaw Dvn (Will Co. - 1975320)
2
Low System Pressure
7,700
09/17/92
Millstadt (St. Clair Co. - 1630850)
6
Low System Pressure
2,750
12/16/91
Patoka (Marion Co. - 1210400)
6
Inadequate Treatment Plant
820
12/15/93
Pearl (Pike Co.1490650)
5
Inadequate Pres. Tank
322
09/17/82
Pecatonica (Winnebago Co. -2010250)
1
Low System Pressure
1,830
06/15/90
South Highway PWD (Jackson Co. - 0775400)
7
Low System Pressure
8,189
06/15/92
Stockton (Jo Daviess Co. - 0850450)
1
Low System Pressure
1,900
06/15/84
Sumner (Lawrence Co. - 1010300)
7
Low System Pressure
1,553
12/13/85
Taylor Springs (Montgomery Co. - 1350650)
5
Low System Pressure
650
02/20/81
Tower Ridge Sbdv (Rock Island Co. - 1615780)
1
Inadequate Pres. Tank
70
03/15/94
Walnut Hill (Marion Co. - 1210600)
6
Low System Pressure
1,200
06/14/85
West Liberty Dundas Wtr Dist (Richland Co. - 1595050)
7
Low System Pressure &
693
12/14/84
Inadequate Source
Wonder Lake Wtr Cmpny (McHenry Co - 1115750)
2
Inadequate Storage
1,080
12/14/90
Public Water Supplies Removed from Previous List
Caseyville (St. Clair Co. - 1630250)
North Utica (LaSalle Co. - 0990650)

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