No. 509

   

    

A Publication of the Illinois Pollution Control Board

    

    

October, 1996

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ulemaking Update

ulemaking Update

DWA Update Amendments

Adopted, R95-17

On September 5, 1996, the

Board adopted identical-in-

substance amendments to the

Illinois public water supplies

regulations for public comment.

The docket, R95-17, included

federal amendments adopted by

USEPA to the federal Safe

Drinking Water Act (SDWA)

regulations that occurred in the

period January 1 through June 30,

1995. During that time period,

USEPA adopted three sets of

amendments that could potentially

have affected the Illinois SDWA

program. On June 28, 1995 (60

Fed. Reg. 33658), USEPA revised

the provisions relating to federal

review of the adequacy of state

programs. On June 29, 1995,

USEPA engaged in two actions.

First (60 Fed. Reg. 33912),

USEPA deleted obsolete,

redundant, and out-dated rules in

response to a Presidential

initiative. Second (60 Fed. Reg.

34084), USEPA made technical

corrections to the SDWA analytical

methods. The Board analyzed the

federal amendments and

determined that no state-level

amendments were necessary based

on the June 28 action. The Board,

however, did determined that

amendments

(Cont’d on p. 2)

oard Opinions and Orders

Available for Free Download

The Pollution Control Board is

pleased to announce that effective

November 1, 1996 the opinions and

orders/hearing transcripts portion of

the Board's World Wide Web Page

will be free of charge to the public.

This service is being provided free

in order to disseminate IPCB

publications to the widest possible

audience.

The IPCB continually looks for

ways to make its Home Page an

effective tool for the public. If you

have any questions or suggestions,

please contact Kevin St. Angel at

217-524-8510 or via email at

kstangel@pcb084R1.state.il.us

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PPELLATE Update

PPELLATE Update

edical Disposal Services,

Inc., and Industrial Fuels

and Resources/Illinois, Inc.,

v. Environmental Protection

Agency and the Pollution Control

Board

, No. 1-95-2908/2892 slip

op. (First Dist. September 18,

1996).

This case involved an appeal by

Medical Disposal Services (MDS)

and Industrial Fuels and Re-

sources/Illinois (Industrial Fuels) of

the Illinois Pollution Control

Board’s (Board) affirmance in

Medical Disposal Services, Inc., v.

IEPA, PCB 95-75 and 95-76,

consolidated (May 4, 1995), of the

Illinois Environmental Protection

Agency’s (Agency) denial of

construction permits for its medical

waste treatment facility.

On appeal, the petitioners ar-

gued that the Board should not have

granted summary judgment in favor

of the

(Cont’d on p.4)

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Inside This Issue

Significant Federal Actions

p5

Final Decisions

p16

New Cases

p18

Calendar of Hearings

p20

IEPA Restricted Status List

p22

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ENVIRONMENTAL REGISTER No. 509 October, 1996

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emaking Update

making Update

(Cont’d from p.1)

were necessary to address June 29 actions.

In addition to the immediate federally-prompted

amendments, the Board determined that a number of

additional amendments to the state's rules were necessary

based on a comment received from the Illinois EPA

(Agency). The Agency had suggested a series of

corrections to the whole of the Board's Subtitle F

regulations.

The Board proposed the amendments on April 18,

1996, and a Notice of Proposed Amendments appeared in

the May 3, 1996 Illinois Register, at 20 Ill. Reg. 6121

(Part 607) and 6133 (Part 611). The public comment

period ended on June 17, 1996. The Board then

proceeded to adopt amendments with a number of minor

revisions based on the public comments received. In

adopting the amendments, the Board declined to make

one revision requested by the Agency, concluding that

the Board was constrained to retain an amendment made

by USEPA. The Board has withheld filing the

regulations with the Office of the Secretary of State to

allow USEPA to comment on the issues raised by the

Agency's comments.

Direct questions to Michael J. McCambridge, at 312-

814-6924 (Internet address: mmccambr@pcb016r1.

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

order from Victoria Agyeman, at 312-814-3620 (Internet

address: vagyeman@pcb016r1.state.il.us). Please refer

to docket number R95-17.

nderground Storage Tank Amendment Proposal

Accepted For Board Consideration, R97-10

The Illinois Environmental Protection Agency

(Agency) filed a new underground storage tank

rulemaking proposal with the Board on September 16,

1996. The Board accepted the proposal for hearing on

the same date. The proposal would have the Board

amend the existing underground storage tank (UST)

regulations as required by P.A. 89-457. In brief, the

proposal would have the Board make the following

changes to the existing rules: (1) make the UST program

consistent with specified federal requirements; (2) clarify

issues which have arisen since initial implementation of

Part 732; and (3) address issues unresolved from

predecessor proceeding, R94-2(B), such as determining

risk-based remediation objectives and site classification.

P.A. 89-457 requires the Board to complete this

rulemaking on or before March 15, 1997.

Direct questions to Marie E. Tipsord, at 312-814-

4925 or 618-498-9803 (Internet address:

mtipsor@pcb016r1.state.il.us). Request copies of Board

orders from Victoria Agyeman, at 312-814-3620

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

Please refer to docket R97-10.

rownfields Proposal Accepted For Board

Consideration, R97-11

The Illinois Environmental Protection Agency

(Agency) filed a new Brownfields rulemaking proposal

with the Board on September 16, 1996. The Board

accepted that proposal for hearing on September 19,

1996. The proposal would have the Board add new Part

742 to the land pollution control regulations, establishing

procedures for site remediation programs (also known as

“Brownfields” rules) as required by P.A. 89-431. The

intent of this proposal and its companion proposal, R97-

12, the Tiered Approach to Corrective Action Objectives

proceeding (also known as “TACO”) (35 Ill. Adm. Code

742), is to effectuate the objectives of P.A. 89-431, as

follows: (1) establish a risk-based system of remediation

based on the protection of human health and the

environment relative to present and future use of the

land; (2) assure that the land use for which remedial

action was undertaken will not be modified without

consideration of the adequacy of such remedial action for

the new land use; (3) provide incentives for the private

sector to undertake remedial action; (4) establish

expeditious alternatives for the review of site

investigation and remedial activities, including a

privatized review process; and (5) assure that the

resources of the Hazardous Waste Fund are used in a

manner that is protective of human health and the

environment relative to present and future uses of the site

and surrounding area.

Direct questions to Amy Hoogasian, at 312-814-8917

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

Request copies of Board orders from Victoria Agyeman,

at 312-814-3620 (Internet address: vagyeman@pcb016-

r1.state.il.us). Please refer to docket R97-11.

ACO Proposal Accepted For Board

Consideration, R97-12

The Illinois Environmental Protection Agency

(Agency) filed a new land pollution control rulemaking

proposal with the Board on September 16, 1996. The

Board accepted that proposal for hearing on September

19, 1996. The proposal would have the Board add new

Part 740 to the land pollution control regulations,

establishing a tiered approach to corrective action

objectives (also known as “TACO”), as required by P.A.

89-431. The intent of this proposal and its companion

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ENVIRONMENTAL REGISTER No. 509

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"Brownfields" proposal, R97-11 (35 Ill. Adm. Code

740), is to (1) establish a risk-based system of

remediation based on the protection of human health and

the environment relative to present and future used of the

land; (2) assure that the land use for which remedial

action was undertaken will not be modified without

consideration of the adequacy of such remedial action for

the new land use; (3) provide incentives for the private

sector to undertake remedial action; (4) establish

expeditious alternatives for the review of site

investigation and remedial activities, including a

privatized review process; and (5) assure that the

resources of the Hazardous Waste Fund are used in a

manner that is protective of human health and the

environment relative to present and future uses of the site

and surrounding area.

Direct questions to Kevin G. Desharnais, at 312-814-

6926 (Internet address: kdeshar@pcb016r1.state.il.us).

Request copies of Board orders from Victoria Agyeman,

at 312-814-3620 (Internet address: vagyeman@pcb016-

r1.state.il.us). Please refer to docket R97-12.

roposal To Amend Subpart F Public Water

Supplies Regulations Accepted, Set For Hearing,

R96-18

On September 19, 1996, Board accepted a

rulemaking proposal filed by the Illinois Environmental

Protection Agency (Agency) 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 June 20, 1996

request by the Agency that the Board consider certain

amendments requested in another proceeding as a

separate petition for rulemaking. The requested

amendments basically fall into three categories: (1)

amendments to update and correct several provisions

throughout the text, (2) amendments that would allow the

Agency to issue construction permits notwithstanding the

fact that a supply is listed on “restricted status” for a

violation of the radium MCL, and (3) revision of the

authority note for the groundwater quality regulations to

reflect that it was adopted pursuant to the Environmental

Protection Act.

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 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. The Agency filed that amended

proposal on September 4, 1996, so the Board proceeded

to accept the proposal.

The Board has scheduled public hearings on the

proposal, as follows:

10:00 a.m., Friday, October 25, 1996

Old Kane County Courthouse

100 South Third Street, Room 110

Geneva, Illinois

10:00 a.m., Wednesday, October 30, 1996

201 Municipal Center West

Council Chambers, Third Floor

7th Street & Monroe

Springfield, Illinois

Direct questions to Michael J. McCambridge, at 312-

814-6924 (Internet: mmccambr@pcb016r1.state.il.us).

Request copies of Board orders from Victoria Agyeman,

at 312-814-3620 (Internet address: vagyeman@pcb016

-

r1.state.il.us). Please refer to consolidated docket R96-

18.

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A

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ppellate update

ppellate update

(Cont’d from p.1)

Agency because local siting approval of pollution control

facilities is transferable to purchasers, that the Board

should have applied equitable estoppel or equitable

tolling, and that the Board erred in denying Industrial

Fuel’s motion for intervention. The First District affirmed

the Board.

The facts of the case are as follows. Industrial Fuels

sought and eventually gained siting approval from the City

of Harvey for a medical waste treatment facility. In 1994,

MDS entered into an agreement with Industrial Fuels for

an option to purchase the Harvey site. Prior to that, MDS

had inquired of the Agency whether it could rely on

Industrial Fuels’ siting approval from the City of Harvey.

An Agency assistant responded in a letter to MDS on

January 10, 1994, that the Agency’s policy was that siting

approval was location-specific so that it remained with the

land upon sale. The letter also stated that the siting

approval granted to Industrial Fuels was valid for MDS’s

development of the facility. In May of 1994, MDS

submitted construction permits to the Agency. In

September of 1994, the Illinois Attorney General’s office

(AG) wrote to MDS stating that Harvey had not granted

MDS siting approval. In October, the AG’s office wrote

to the Agency expressing its view that local siting was

site-specific but also facility-specific and applicant-

specific. On January 13, 1995, the Director of the Agency

wrote to the AG stating that the two agencies had differing

interpretations of the law. Finally, on January 31, 1995,

the Agency denied MDS’s permit application.

MDS then appealed to the Board in March, 1995.

MDS argued in its appeal before the Board that the

permits could be issued because the Act required proof

that the municipality had approved siting, not that the

municipality approved the transfer of ownership. MDS

filed a motion for summary judgment and the Agency

filed a cross motion for summary judgment. The Board

denied MDS’s motion and granted the Agency’s motion.

The Board in its opinion and order found that local siting

approval was applicant-specific and could not be trans-

ferred from Industrial Fuels to MDS.

The First District affirmed the Board finding that if

Sections 39(c) and 39.2(a) of the Environmental Protec-

tion Act (Act) (415 ILCS 5/39(c), 39.2(a)) are read

together that Section 39(c) contemplates that the applicant

must be the same entity which received local siting

approval. Section 39(c) of the Act provides that no permit

may be granted unless the applicant submits proof of local

siting. Section 39.2(a) of the Act states that the

local unit of government may consider “... the previous

operating experience and past record of convictions or

admissions of violations of the applicant (or any subsidi-

ary or parent corporation) in the field of solid waste

management...” in making its decision on siting. Thus, the

court found that even if the MDS facility was going to be

substantially similar to the original proposed by Industrial

Fuels, the ownership had changed and Section 39.2(a) of

the Act recognizes the "significance of the experience of

the owner."

The court went on to state that even though local gov-

ernments do not generally have the power to approve the

transfer of ownership after the construction permits have

been issued by the Agency, that does not change the fact

that a new applicant for a permit must "re-obtain" siting

approval before applying for a permit under Section 39(c)

of the Act. The court also found that requiring a new

application for local siting approval does not prevent

transferability of the owner's property right because siting

approval is not a property right. The court explained by

saying that local siting only gives the applicant the right to

apply for a permit and that although permits in general can

be assigned, local siting is only a condition which is

required before a permit can be issued.

The next argument made by the petitioner was that the

Agency should have been equitably estopped from

denying permits because MDS detrimentally relied on the

Agency's letter stating that the siting granted to Industrial

Fuels was valid for MDS. The court used a two-part test

to determine if estoppel was appropriate in this case,

finding that there must be a misrepresentation and

knowledge that the representation was untrue. The court

found that no misrepresentation was made since the

Agency letter stated the Agency's interpretation of the

statute and its policy at the time. Additionally, the court

held that estoppel was not an appropriate remedy against a

governmental agency because it would "defeat the

statutory intent to give approval powers to localities in a

matter concerning public health and safety."

The petitioners then argued that equitable tolling

should be used to toll the two-year expiration period

found in Section 39.2(f) of the Act for which local siting

approval is valid. Petitioners argued that either the date of

the Agency's letter to MDS or the date of MDS's filing of

its permit applications should be used so that MDS could

use the additional time to comply with 39(c) of the Act.

The court stated that, generally, equitable tolling is used to

extend statute of limitations deadlines where an agency

acted unfairly. The court declined to make equitable

tolling available to MDS even if the principle of equitable

tolling could be extended outside the typical situation.

The court declined because, although MDS will suffer a

delay in setting to obtain its permits because of the change

in Agency policy, MDS was not prevented by the Agency

from seeking local siting. Tolling, in this case, the court

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ENVIRONMENTAL REGISTER No. 509

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found, would not prevent the permanent expiration of any

right. The Agency's conduct did not forever cut off

MDS's ability to proceed with development of the facility.

Finally, Industrial Fuels argued that the Board erred in

denying its petition to intervene, which was filed after

summary judgment was entered. Industrial Fuels sited a

Board rule which provides for intervention in enforcement

cases. The court found that the rule was not applicable to

permit appeals and that no other Board rule gave Indus-

trial Fuels a right to intervene. The court additionally

found that even if the Board had the authority to allow

intervention and even if the Board erred, Industrial Fuels

was not harmed because it was allowed to file an

amicus

curiae

brief in support of MDS's motion for reconsidera-

tion and was able to make its arguments to the Board.

S

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IGNIFICANT FEDERAL ACTIONS

IGNIFICANT FEDERAL ACTIONS

The Board continues its series of reports on recent

federal announcements and actions from the Federal

Register that are of interest to the Board and the regulated

community. Below are highlighted over 60 such

announcements and actions that appeared in September,

1996:

uidelines for Implementing the Hardship Grants

Program for Rural Communities

On September 4, 1996 (61 Fed. Reg. 46642),

USEPA announced the availability of its guidelines for

implementing the Hardship Grants Program for Rural

Communities. The programs implements a $50 million

grant in the Omnibus Consolidated Rescissions and

Appropriations Act of 1996 (Pub. L. 104-134) through

which USEPA can provide assistance to small rural

communities (population 3,000 or less) that have

inadequate wastewater treatment services. USEPA

intends to implement the program with the Clean Water

Act State Revolving Fund program.

olicy on Electronic Filing of Environmental

Reports

On September, 1996 (61 Fed. Reg. 46683), USEPA

announced its policy on acceptance of electronically-filed

environmental reports through the Electronic Data

Interchange (EDI). The policy embraces regulatory,

compliance, and informational reporting via EDI, but

excludes procurement-related reporting. It is based on

USEPA's experience in pilot tests of reporting through

EDI. USEPA said that it was taking the action to

streamline reporting in response to the President's

March, 1996 report, "Reinventing Environmental

Regulation" and to support its own "One-Stop

Reporting" initiative. USEPA stated that as specific

USEPA programs adopt the EDI for reports, future

notices will announce those adoptions. USEPA stated

further that it is studying alternative means of electronic

reporting by facilities not equipped for EDI. Although

the policy does not address state-delegated reporting,

USEPA strongly urges uniform EDI implementation by

the states.

xpiring Hazardous Waste Information Collection

Requests Submitted to OMB for Review and

Renewal

On September 5, 1996 (61 Fed. Reg. 46803),

USEPA announced that it is sending two expiring

hazardous waste-related information collection requests

(ICRs) to the Office of Management and Budget (OMB)

for review and renewal. The ICRs relate to the general

hazardous waste facility standards and specific facility

standards of 40 CFR 261 and 264 through 266. USEPA

estimated that reporting under the general facility ICR

would affect 5772 facilities at an estimated aggregate

cost over $79 million, taking nearly two million man-

hours to complete the ICR. USEPA estimated the

aggregate cost of the specific facility ICR at over $19

million for 6658 facilities, taking nearly 400,000 man-

hours to complete.

raft Guidance Available for Implementation of

Radiation Protection Standards at New Mexico

Waste Isolation Pilot Plant

On September 5, 1996 (61 Fed. Reg. 46804),

USEPA announced the availability of draft guidance for

implementation of the radiation protection standard for

management of radioactive waste at the Waste Isolation

Pilot Plant (WIPP) in New Mexico. USEPA explained

that it is required under the 1992 Waste Isolation Pilot

Plant Land Withdrawal Act (Pub. L. 102-579) to

biennially determine compliance at the WIPP with the 40

CFR 191, Subpart A radiation dose limits to the public.

USEPA solicited public comments on the draft WIPP

Subpart A guidance.

The guidance document describes application of the

Subpart A standards during the estimated 25- to 30-year

period that the above ground portions of WIPP would

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receive packaged waste. WIPP will receive transuranic

radioactive waste generated in the U.S. weapons

program. Waste will be unloaded and prepared for

placement at WIPP and ultimately lowered into a mined-

out underground repository for disposal.

(Note: On August 19, 1996 (61 Fed. Reg. 42899),

USEPA published notice of a petition from the

Department of Energy (DOE) for a no-migration

exemption from the Resource Conservation and Recovery

Act (RCRA) Subtitle C hazardous waste land disposal

restrictions (LDRs) pertaining to the land disposal of

hazardous waste at the WIPP repository. See issue 508,

Sept., 1996.)

otices of Superfund Settlements Involving Illinois

Sites

On September 5, 1996 (61 Fed. Reg. 46825), the

U.S. Department of Justice announced a proposed

settlement in the bankruptcy case

In re the Parsons

Company

, No. 82 B 751 (N.D. Ill.) Under the proposed

settlement, filed with bankruptcy court, the U.S. and the

State of Illinois would equally divide all of the

respondents assets that remain after payment of attorney

fees and taxes in satisfaction of liabilities incurred

through investigation and clean-up costs incurred under

the Comprehensive Environmental Response,

Compensation and Liability Act (CERCLA or

"Superfund") at the respondents' Belvidere property.

On September 25, 1996 (61 Fed. Reg. 50297),

USEPA published notice that it was proposing a de

minimis settlement of a Superfund claim involving the

MIG DeWane landfill site in Belvidere. USEPA

proposed settling the claim against a potentially

responsible party, Beloit College, for $30,000. USEPA

stated that Beloit College may have arranged for disposal

of waste at the site, but its share of waste at the site was

believed to constitute less than 0.2 percent of the total

waste at the site.

roup I and Group IV Polymers and Resins

NESHAPs Adopted

On September 5, 1996 (61 Fed. Reg. 46905),

USEPA adopted national emissions standards for

hazardous air pollutants (NESHAP) applicable to new

and existing Group I polymer and resin manufacturing

facilities. The affected facilities manufacture butyl

rubber, halobutyl rubber, epichlorohydrin elastomers,

ethylene propylene rubber, Hypalon

TM

, neoprene, nitrile

butadiene rubber, nitrile butadiene latex, polysulfide

rubber, polybutadiene rubber/styrene butadiene rubber

by solution, styrene butadiene latex, and styrene

butadiene rubber by emulsion. USEPA estimated in

adopting the NESHAP that the rules would reduce

emissions of hazardous air pollutants (HAPs) by over

6,900 tons per year (tpy), at an estimated aggregate

capital cost of $26 million and aggregate annual

operating costs of about $18 million for existing sources.

The estimated per-ton-eliminated costs range from

$1,000 to $8,700 per ton of HAP removed, depending on

the polymer produced. Among the HAPs emitted by the

covered elastomer facilities covered by the Group I

facilities are styrene,

n

-hexane, 1,3-butadiene,

acrylonitrile, methyl chloride, hydrogen chloride, carbon

tetrachloride, chloroprene, and toluene.

USEPA adopted a NESHAP for Group IV polymers

and resins on September 12, 1996 (61 Fed. Reg. 48207).

The Group IV polymers and resins are acrylonitrile

butadiene styrene resin (ABS), styrene acrylonitrile resin

(SAN), methyl methacrylate acrylonitrile butadiene

styrene resin (MABS), methyl methacrylate butadiene

styrene resin (MBS), polystyrene resin, poly (ethylene

terephthalate) resin (PET), and nitrile resin. USEPA

estimated that the Group IV NESHAP would reduce hap

emissions by over 3,900 tpy from existing sources and

nearly 7,600 tpy from new sources. USEPA estimated

the capital costs of this regulation as $10.7 million (1989

dollars) for existing sources and $6.5 million for new

sources. It estimated the annual operating costs at $3.3

million for existing facilities and an annual cost savings

to new facilities $5.2 million. Among the HAPs emitted

by the thermoplastic facilities covered by the Group IV

standards are styrene, acrylonitrile, butadiene, ethylene

glycol, methanol, acetaldehyde, and dioxane.

xpanded List of Acceptable Substitutes for Ozone-

Depleting Substances

On September 5, 1996 (61 Fed. Reg. 47011),

USEPA published notice that it had expanded the list of

acceptable substitutes for ozone-depleting substances

under the Significant New Alternatives Policy (SNAP).

USEPA further clarified information relating to three

refrigerant blends previously added to the list. USEPA

also requested information about the fluids used in

secondary loop systems, which are used to transfer heat

from an air conditioned space to the refrigeration unit.

USEPA added a series of fluids for a variety of Class I

refrigerant uses, including by-substitution for a Class II

refrigerant that is itself an approved substitute for Class I

refrigerant. USEPA also announced acceptable

substitutes for foam blowing and fire suppression and

explosion protection uses.

Section 612 of the CAA required USEPA to develop

a program for evaluating alternatives to ozone-depleting

substances, which USEPA has done and dubbed the

"SNAP" program. Section 612 makes it unlawful to

replace any Class I (chlorofluorocarbon, halon, carbon

tetrachloride, methyl chloroform, methyl bromide, and

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hydrobromofluorocarbon) or Class II (hydrochlorofluoro-

carbon) ozone-depleting substance with one that USEPA

determines may present adverse effects on human health

or the environment if USEPA has determined that an

alternative is currently or potentially available that

reduces risks. Section 612 further requires USEPA to

publish lists of substitutes that it has found acceptable or

unacceptable.

roposed Guidelines for Ecological Risk

Assessment Published

On September 9, 1996 (61 Fed. Reg. 47551),

USEPA published its Proposed Guidelines for Ecological

Risk Assessment. These proposed guidelines describe

the process by which USEPA will perform ecological

risk assessments. USEPA's Risk Assessment Forum is

developing the guidelines. USEPA stated that it hopes to

apply the final form of the guidelines to improve the

quality and consistency of the assessments performed by

its various programs and regions.

tudies of Solvent Use and Petroleum Waste, Draft

Study on Environmental Contamination from

Non-Hazardous Waste Management Available

On September 10, 1996 (61 Fed. Reg. 47751),

USEPA announced the availability of two studies.

USEPA undertook the two studies pursuant to a consent

decree in

Environmental Defense Fund v.

Browner

, No.

89-0598 (D.D.C.). The December 9, 1994 consent

decree further required USEPA to undertake study of

seven additional solvent wastes and issue a final report

on their use, toxicity, and waste management by August

30, 1996. The seven wastes on which USEPA has thus

reported are diethylamine, aniline, ethylene oxide, allyl

chloride, 1,4-dioxane, 1,1-dichloroethylene, and bromo-

form. The decree also required USEPA to release a

report on petroleum refining wastes by that date. The

petroleum refining waste study characterizes a variety of

wastes: desalting sludge from crude desalting, off-

specification product and fines from residual upgrading,

residual oil storage tank sludge, treating clay from clay

filtering, treating clay from the extraction/isomerization

process, catalyst from catalytic hydrocracking, process

sludge from residual upgrading, off-specification product

from sulfur complex and hydrogen sulfide removal

facilities, catalyst from extraction/isomerization process,

treating clay from lube oil processing, off-specification

treating solution from sulfur complex and hydrogen

sulfide removal facilities, catalyst from polymerization,

treating clay from alkylation, acid soluble oil from

hydrofluoric acid alkylation, and catalyst from hydro-

fluoric acid alkylation. The study discusses the toxic

constituent content of each waste, waste volumes

generated, and waste management practices, including

possible mismanagement practices.

The consent decree required USEPA to propose

whether or not to regulate certain wastes as listed

hazardous wastes from non-specific sources by July 31,

1996 and take final action by May 31, 1997.

On September 25, 1996 (61 Fed. Reg. 50295),

USEPA announced that it had released a draft report,

"Hazardous Waste Characteristics Scoping Study:

Environmental Release Descriptions.” This report

considers environmental contamination resulting through

non-hazardous waste management. The draft study

considers data selection criteria and methodologies and

sets forth initial results. The purpose of the study is to

determine the existence, nature, and extent of any gaps in

the current criteria for hazardous waste characteristics.

USEPA stated that it prepared the draft report in

compliance with a consent decree entered May 17, 1996

in the

Environmental Defense Fund

litigation.

(Note: USEPA proposed not to list 14 used solvent-

related wastes as RCRA Subtitle C hazardous waste on

August 14, 1996 (61 Fed. Reg. 42317), under the July

31, 1996 deadline of the consent decree. The proposed

determination related to spent solvents, distillation

bottoms from the recovery of the solvents, and spent

mixtures of 14 solvents: cumene, phenol, isophorone,

acetonitrile, furfural, epichlorohydrin, methyl chloride,

ethylene dibromide, benzyl chloride, p-dichlorobenzene,

2-methoxyethanol, 2-methoxyethanol acetate, 2-ethoxy-

ethanol acetate, and cyclohexanol. See issue 508, Sept.,

1996.)

SCA Test Data Received for Refractory Ceramic

Fibers

On September 10, 1996 (61 Fed. Reg. 47752),

USEPA announced that it had received test data

submitted under the Toxic Substances Control Act

(TSCA). The data, submitted by members of the

Refractory Ceramic Fiber Coalition (Carborundum Co.,

Premier Refractories and Chemicals, Inc., and Thermal

Ceramics, Inc.) under a testing consent order, pertained

to workplace exposure monitoring data on refractory

ceramic fibers.

roposed Amendments to CAA Recordkeeping and

Reporting Requirements to Reduce Regulatory

Burden

On September 11, 1996 (61 Fed. Reg. 47840),

USEPA proposed amendments to the recordkeeping and

reporting requirements of the Clean Air Act (CAA)

regulations. USEPA intends that the amendments would

reduce the burden of the recordkeeping and reporting

requirements through the elimination of unnecessary

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burdens. USEPA estimated that the amendments would

annually reduce the burden by 25,000 workweeks across

the country. USEPA is proposing the action in

furtherance of the President's March 4, 1995 mandate

for agencies to search out and eliminate outdated,

redundant, and obsolete provisions in their regulations.

Among the proposed amendments are changes in

monitoring and reporting frequencies and thresholds and

the allowance of electronic reporting.

roposals Solicited for Regulatory Reinvention

(XL) Pilot Projects and Comments Sought

On September 11, 1996 (61 Fed. Reg. 47929),

USEPA augmented its solicitation for regulatory

reinvention project (XL Project) proposals. USEPA

published a specific request for proposals that feature

innovative technologies. Of particular interest are

innovative control, monitoring, and data handling

technologies and operational or process changes that

reduce environmental impacts without reducing

productivity. USEPA stated that an XL project might

accomplish this by removing regulatory barriers to

development or deployment of a technology, creating

regulatory incentives for innovation, or creating cost

savings through regulatory efficiency.

Project XL arose from the President's March 16,

1995 initiative, "Reinventing Environmental

Regulation,” and the Administration's April, 1995

report, "Bridge to a Sustainable Future.” Project XL

seeks to replace prescriptive regulations with

performance-based environmental management

strategies. USEPA seeks to ultimately sponsor 50 XL

projects in four categories: XL for facilities (60 Fed.

Reg. 27282, May 23, 1995), XL for sectors, XL for

federal facilities, and XL for communities (60 Fed. Reg.

63711, Dec. 12, 1995).

(See issues 496, Aug.-Sept.,

1995 & 501, Feb., 1996.)

USEPA stated that it has thus

far selected 15 projects for development. One facility in

Illinois under consideration is the Minnesota, Mining,

and Manufacturing Company (3M) located at Bedford

Park.

mendments Proposed to Department of

Agriculture Rural Utilities Service Water and

Waste Program Regulations

On September 12, 1996 (61 Fed. Reg. 48075), the

U.S. Department of Agriculture proposed amendments to

its Rural Utilities Service Water and Waste Program

regulations. The Department is seeking to combine its

water and waste loan and grant rules into a single

regulation, in order to streamline those rules, to

eliminate unneeded rules, and to incorporate changes

brought about by the 1996 Farm Bill. The grants and

loan programs are authorized by the Consolidated Farm

and Rural Development Act to provide funds to needy

rural communities and small towns (population 10,000 or

less) for water and waste disposal projects. The

Department stated that the amendments could affect the

amounts of grants or loans an applicant could receive.

omment Sought on Expansion of the Number of

Facilities to Which CWA Centralized Waste

Treatment Standards Would Apply

On September 16, 1996 (61 Fed. Reg. 48805),

USEPA announced that it had expanded the number of

facilities to which proposed Clean Water Act (CWA)

regulations would apply. In proposing effluent and

wastewater pretreatment standards for the Centralized

Waste Treatment Category on January 27, 1995 (60 Fed.

Reg. 5464), USEPA originally estimated that the rules

would affect 35 facilities. New information submitted by

the oils recycling industry indicates that the proposed

regulations would actually affect 275 facilities. USEPA

requested comment on the accuracy of the information in

its possession and on the likely impact of the proposed

rules on the covered facilities.

SCA Test Data Submitted on Cyclohexane

On September 18, 1996 (61 Fed. Reg. 49135),

USEPA announced that it had received data under the

Toxic Substances Control Act (TSCA). The data on

cyclohexane was submitted by the Cyclohexane Panel of

the Chemical Manufacturers Association pursuant to an

enforceable consent order under the TSCA rules.

Cyclohexane is a component of several consumer

products, including spray paint and adhesives. It is also

a common laboratory solvent. The data relate to

inhalation toxicity in mice and rats.

erchloroethylene Dry Cleaning NESHAP

Amended to Allow Transfer Machines Installed

Before Adoption

On September 19, 1996 (61 Fed. Reg. 49263),

USEPA amended the national emission standards for

hazardous air pollutants (NESHAP) for

perchloroethylene drycleaning facilities. The

amendments allow the continued use of solvent transfer

machines installed between December 9, 1991, when

USEPA proposed the NESHAP, and September 22,

1993, when USEPA adopted the NESHAP.

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USEPA adopted the NESHAP under the federal

Clean Air Act (CAA) on September 22, 1993 (58 Fed.

Reg. 49354) and amended it on December 20, 1993 (58

Fed. Reg. 66287). The International Fabricare Institute

sued USEPA in the District of Columbia circuit court

because the original proposed rule did not prohibit the

use of transfer machines for emissions control; the final

rule would have required these facilities to purchase a

second system, dry-to-dry machines. USEPA stated that

it did not believe that new transfer machines were going

into use, so it did not propose to ban them. USEPA

entered into a settlement agreement that promised to

allow the transfer machines installed during the pendency

of the regulation - i.e., between December 9, 1991 and

December 20, 1993 - to continue to operate. The

proposed amendments would allow their continued use

on a basis similar to transfer machines in existence prior

to December 9, 1991. The amendments do not affect the

status of transfer machines installed after adoption of the

final rule on December 20, 1993; those are still

prohibited from operation.

(See issue 505, June, 1996.)

ommunity/University Partnership Grants

Awarded

On September 20, 1996 (61 Fed. Reg. 49456),

USEPA announced the award of $2 million in grants to

nine projects in its fiscal year 1996 Community/

University Partnership Grants program. USEPA stated

that it reviewed 102 applications to select the awards.

The nine awards are summarized as follows:

University of Washington ($205,316), Asian and Pacific

Islander Seafood Consumption Study: to document

seafood consumption in the Asian Pacific Islander

community in the Seattle/Puget Sound, Washington,

work with community leaders to develop outreach

models, and develop culturally appropriate and effective

risk communication materials, in order to improve health

and environmental quality in the area.

Haskell Indian Nations University ($220,320),

Community/University Partnership for Native American

Science Education and Technical Support: to address

water quality concerns of the Prairie Band Potawatomi

Tribe and Kickapoo Tribe by assessing sources and the

extent of water contamination, seeking compliance with

existing water quality standards, and creating a

remediation plan to resolve problems.

University of Texas at El Paso ($250,000), The

UTEP/UT at Houston School of Public Health in El Paso

Community Partnership Program for Environmental

Justice: to address local environmental justice issues by

creating an environment where local community groups

can have input in the development environmental policies

and enforcement.

North Carolina Central University ($249,404),

Partnership Effort for the Advancement of Children's

Health: to reduce lead exposure in houses located in the

North/East Central Durham area.

Hostos Community College ($77,977), Community

Access Geographic Information System (GIS) for

Environmental Justice Initiatives in the South Bronx: to

develop a community-access geographic information

system (GIS) for environmental justice initiatives in the

South Bronx area by developing a GIS laboratory and to

conduct an environmental assessment of baseline

conditions in the Bronx.

Arizona State University ($249,999), Environmental

Justice Partnership Project: Reservation Environmental

Assessment Project: to utilize the Reservation

Environmental Assessment Project (REAP), a program

designed to instruct and educate representatives in the

Camp Verde and Colorado River reservations about

specific problems affecting their communities through

both classroom and hands-on techniques.

Columbia University in the City of New York

($244,920), The Northern Manhattan Environmental

Justice Partnership to Develop Environmental Health

Leadership: to facilitate communication between

residents in three urban communities (Central and West

Harlem and Washington Heights) and environmental

health researchers about the excessive levels of airborne

particulate matter and carbon monoxide from heavy car,

bus, and truck traffic as well as other environmental

pollutants; to provide environmental health leadership

training for residents; to utilize the geographic

information system (GIS) as an effective education tool;

and to intervene and reduce exposure to environmental

toxins.

Xavier University of Louisiana ($250,000), Community

Lead Education Project: to address lead exposure in ten

parishes along the Mississippi River between Baton

Rouge and New Orleans by conducting studies on the

toxicology and epidemiology of lead-related

environmental hazards and the socioeconomic impact of

lead exposures, by developing community-based

education/communication programs for lead-impacted

communities, and by developing environmental education

teacher training and classroom materials that emphasize

lead poisoning prevention.

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University of Missouri-St. Louis ($248,098), St. Louis

Metropolitan Environmental Justice Empowerment

Project: to address environmental justice problems in the

St. Louis area by developing strategies focusing on local

community involvement and empowerment through the

establishment of an Environmental Justice Advisory

Board, providing expert consultants to advise residents,

enhancing opportunities for scientific analysis,

developing plans for community work in each

neighborhood, and compiling and disseminating

information to affected communities.

ehicle Inspection and Maintenance Requirements

Amended to Allow the Use of Sticker Enforcement

Mechanism

On September 23, 1996 (61 Fed. Reg. 49680),

USEPA published a direct final rule that amends its

Clean Air Act (CAA) vehicle inspection and maintenance

(VIM) programs requirements. The amendment allows

states to use such effective pre-existing enforcement

mechanisms and sticker enforcement in any area adopting

a VIM program. Previously, the federal regulations

limited the use of pre-existing enforcement mechanisms

other than denial of vehicle registration.

USEPA stated that section 182(c)(3) of the CAA

requires the use of vehicle registration denial unless

alternative enforcement mechanisms are demonstrated

more effective. USEPA explained that it interpreted this

in its 1992 rules to allow pre-existing alternative

enforcement mechanisms only in the geographic areas

where a VIM program had previously existed. USEPA's

changed position is that a state can apply more effective

alternatives anywhere within its borders to implement a

VIM program. All that the state need do is demonstrate

that the pre-existing alternative is more effective without

regard to any prior geographic limits within the state.

An accompanying amendment removed the limitation that

the alternative must have been part of an approved state

implementation plan (SIP). The amendments are

effective November 22, 1996 unless earlier withdrawn in

response to substantive adverse public comment. The

accompanying notice of proposed rule appeared in the

same issue of the

Federal Register

(61 Fed. Reg. 49715).

roposed Amendments Would Target the

Department of Agriculture Conservation Reserve

Program to More Environmentally-Sensitive Acreage

On September 23, 1996 (61 Fed. Reg. 49697), the

U.S. Department of Agriculture, Farm Service Agency

and Commodity Credit Corporation (CCC), proposed

amendments to their regulations that would target the

Conservation Reserve Program (CRP) to reserve more

environmentally sensitive acreage. The CRP is designed

to aid farmers in conserving and improving ails, water,

and wildlife resources. The program makes rent

payments and cost contributions for turning highly

erodible and environmentally sensitive areas to long-term

vegetative cover. Under the program, farmers may

submit bids to have their land participate. If a bid

exceeds what CCC is willing to pay for the soil type, it is

rejected. Among the intended changes, some are

intended to increase participation of certain wetlands not

permanently under water. Others would limit

participation to 10 percent of the arable land in any state,

provide assistance in restoring hydrology, and promote

participation of such areas as those that act as windbreaks

or riparian buffers and those in USEPA wellhead

protection areas. Many of the amendments are prompted

by the Federal Agriculture Improvement and Reform Act

of 1996.

equests to Delete Pesticide Uses

On September 25, 1996 (61 Fed. Reg. 50294),

USEPA announced that it had received petitions from

pesticide manufacturers to delete certain uses of their

products. Among the pesticide products for which

deletions were requested were methoxychlor, diazinon,

carbaryl, and rotenone. Requested deletions included

several agricultural uses, mosquito abatement, and pest

control on pet animals.

roundwater Monitoring Exemption for Small

Municipal Solid Waste Incinerators in Dry or

Remote Areas Re-Established

On September 25, 1996 (61 Fed. Reg. 50409),

USEPA re-established the groundwater monitoring

exemption for small municipal solid waste landfill

(MSWLFs) located in dry or remote areas. The

exemption applies to MSWLFs that accept an average of

less than 20 tons per day of municipal solid waste, which

have no evidence of groundwater contamination, and

which are located either in a dry or a remote location.

USEPA undertook this action to codify section 3 of the

Land Disposal Program Flexibility Act of 1996 (Pub. L.

104-119, effective March 26, 1996), which amended

section 4010(c) of the Resource Conservation and

Recovery Act (RCRA).

USEPA explained that the original RCRA Subtitle D

MSWLF regulations, adopted on October 9, 1991 (56

Fed. Reg. 50978), included an exemption for certain

qualifying small MSWLFs from the monitoring

requirements. As a result of the decision in

Sierra Club

v. EPA

, 992 F.2d 337 (D.C. Cir. 1993), the court

effectively vacated the groundwater monitoring

exemption, and USEPA rescinded it on October 1, 1993

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(58 Fed. Reg. 51536). USEPA proposed alternative

groundwater monitoring standards for these facilities on

August 10, 1995 (60 Fed. Reg. 40799) and twice delayed

the effective date, so that the ultimate groundwater

monitoring requirements would go into effect as to these

facilities on October 9, 1997.

Enactment of the Land Disposal Program Flexibility

Act now allows exemption of the small MSWLFs, so

long as no groundwater contamination is evident and the

unit is located in a dry or remote area that has no

practicable waste management alternative. However, the

statute allows an authorized state to require the

monitoring if necessary to protect groundwater resources

and ensure compliance with a state groundwater

protection plan. It further allows states to require

corrective action in the event of a release or to use

alternative methods for leak detection. Finally, the

statute allows a state to suspend the groundwater

monitoring requirements for any MSWLF that

demonstrates that there is no potential for migration of

hazardous constituents from the unit during its active life

and post-closure care period.

USEPA amended its regulations to include the

exemption for the small MSWLFs in dry or remote

areas. The amendments further incorporated the

requirement that the owner or operator notify the state of

any groundwater contamination of which it becomes

aware. USEPA noted that the existing regulations

include provisions for "no migration" exemptions, but

that it will issue guidance to facilitate use of this

exemption by the small MSWLFs.

(Note: This federal action will be included in the

RCRA Subtitle D update docket for the period July 1

through December 31, 1996. As noted in the Board's

March 7, 1996 dismissal of the RCRA Subtitle D update

docket R96-9, which covered the time-frame that included

the October 5, 1995 federal amendments, the Board

never incorporated the original exemption for small

MSWLFs located in dry or remote areas. This means

that no Board action will be required based on the

present amendments re-establishing the exemption.)

tate Primacy Approval Granted Illinois Drinking

Water Program Updates

In September, 1996 (61 Fed. Reg. 50485), USEPA

granted state primacy approval to certain updates to the

Illinois drinking water regulations. The state primacy

approvals related to amendments made by the Board to

correspond with USEPA amendments to the federal Safe

Drinking Water Act (SDWA) regulations. USEPA made

these amendments on June 30 (59 Fed. Reg. 33860), July

1 (59 Fed. Reg. 34320), and December 5, 1994 (59 Fed.

Reg. 62456) and June 29, 1995 (59 Fed. Reg. 33926 &

34084). The Board adopted the corresponding

amendments to the Illinois regulations in SDWA update

dockets R94-23/R95-3 (consolidated) and R95-17, on

June 15, 1995 and September 20, 1996, respectively.

AA NESHAP Proposed for Primary Aluminum

Reduction Plants

On September 26, 1996 (61 Fed. Reg. 50585),

USEPA proposed Clean Air Act (CAA) national

emission standards for hazardous air pollutants

(NESHAP) for primary aluminum reduction plants. The

standards would apply to new or existing potlines, paste

production operations, and anode bake furnaces

associated with primary aluminum production plants.

USEPA stated that the major hazardous air pollutants

(HAPs) emitted by these facilities are hydrogen fluoride

(HF) and polycyclic organic matter (POM). Polycyclic

Aromatic hydrocarbons (PAH) are included in the POM

group. USEPA estimated that these sources emit 11,000

tons of HF and POM per year. USEPA believes that the

proposed rule would eliminate half of the HF and POM

emissions from these sources.

AA RACT Implementation Deadlines Set for

Wood Furniture Manufacturing Operations

On September 27, 1996 (61 Fed. Reg. 50823),

USEPA announced the deadlines for implementation of

Clean Air Act (CAA) reasonably available control

technology (RACT) requirements for wood furniture

manufacturing operations. The deadline for states to

submit state implementation plan (SIP) revisions

including RACT for wood furniture manufacturing

operations is May 20, 1997. The deadline for

compliance with the RACT rules is May 20, 1998.

Section 182(b)(2) of the CAA requires the states to

submit a revision to their SIPs that would require Ract

implementation for each category of volatile organic

material (VOM) sources for which USEPA has published

a control technology guidance (CTG) document. USEPA

established a CTG document for wood furniture

manufacturing operations on May 20, 1996 (61 Fed.

Reg. 25223).

(See issue 505, June, 1996.)

(Note: USEPA adopted national emission standards

for hazardous air pollutants (NESHAP) applicable to

wood furniture manufacturing operations on December 7,

1995 (60 Fed. Reg. 62930). See issue 500, Jan., 1996.

It is uncertain whether the Agency will file a rulemaking

proposal with the Board to incorporate the

CTG

requirements into the Illinois VOM rules. Although

Section 39.5 clearly allows the direct implementation of

federal NESHAPs in Illinois, it does not appear to allow

similar direct implementation of uncodified federal

guidelines.)

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.S. DOT Congestion Mitigation and Air Quality

Improvement Program Guidance Published

On September 27, 1996 (61 Fed. Reg. 50890), the

U.S. Department of Transportation (U.S. DOT)

published its Congestion Mitigation and Air Quality

Improvement (CMAQ) Program guidance. U.S. DOT

established this guidance for the CMAQ Program,

initially issued as a memorandum, under the Intermodal

Transportation Efficiency Act. The objective of that

statute and the CMAQ Program is to set air quality

improvement as an specific objective for federal

transportation funding assistance to the states. Congress

made available $6 billion ($1 billion in each of 1992

through 1997) to states to help areas designated as

nonattainment or maintenance under the Clean Air Act

(CAA) achieve improved air quality through

transportation projects that will contribute to attainment

of a national ambient air quality standard (NAAQS).

The guidelines set froth the requirements a state and

project must meet to qualify for funding.

otential Exemptions to Phaseout of Ozone-

Depleting Substances Solicited

On September 30, 1996 (61 Fed. Reg. 51110),

USEPA solicited candidates for potential exemption from

the phaseout of use of ozone-depleting substances under

the Montreal Protocol. The ninth meeting of the parties

to the Montreal Protocol is scheduled to occur in

September, 1997 for exemptions to the 1998 and later

phaseouts of ozone-depleting substances. Those

substances are halons 1211 and 1301, CFC-11, CFC-12,

CFC-113, CFC-114, CFC-115, CFC-13, CFC-111,

CFC-112, CFC-211, CFC-212, CFC-213, CFC-214,

CFC-215, CFC-216, CFC-217, carbon tetrachloride, and

methyl chloroform. Applications for essential use

exemptions must be submitted to USEPA by October 30,

1996 for consideration. Under the Montreal Protocol, an

exemption that allows continued use after a phaseout

qualifies as an "essential use" if it is necessary for public

health and safety or is critical for the function of society

and there are no technically available and economically

reasonable alternatives or substitutes for the substance.

Further, continued production and consumption under an

"essential use" is allowed only if all economically

feasible steps have been taken to minimize the use and

any associated emissions, and the substance is not readily

available in sufficient quantity and quality in existing

stocks.

otice of Consent Decrees in Sanitary District of

Hammond (Indiana) Litigation

On September 30, 1996 (61 Fed. Reg. 51130), the

U.S. Department of Justice published notice of consent

decrees filed in the case of

U.S. v. Sanitary District of

Hammond

, No. 2:93 CV 225 JM (N.D. Ind.). One

consent decree would resolve the claims of the United

States and the State of Indiana under the Clean Water Act

(CWA) against Cerestar USA, Inc. (formerly American

Maize-Products Company), Ferro Corporation (Keil

Chemical Division), and Lever Brothers Company. This

first decree requires the three defendants to achieve and

maintain compliance with the CWA, to pay a civil

penalty of $200,000 each, and to pay a total of $4.7

million into a trust fund for remediation and restoration

of the Grand Calumet River. The second consent decree

resolves the claims of the United States and the State of

Indiana under the Clean Water Act (CWA) against

Tenneco Packaging (formerly Packaging Corporation of

America). This second decree requires Tenneco

Packaging to achieve and maintain compliance, to pay

civil penalties of $200,000 and $50,000, and to undertake

measures to reduce water usage at its Griffith, Indiana

facility.

(Note: This litigation indirectly affects Illinois. The

defendants are located in northwest Indiana near to

Illinois, and both the Grand Calumet and Little Calumet

Rivers flow short distances from the points of discharge

into Illinois.)

iscellaneous Federal Meetings

Meeting of: Common Sense Initiative Council

Date and Location: September 19 and 20, 1996,

Washington, D.C.

Announced purpose: Updates to actions since June 1996

meeting; discussion of the President's Council on

Sustainable Development, the One Stop Reporting Guide,

economic assessments for environmental regulations,

community involvement; and reports by Iron and Steel,

Automobile Manufacturing, Printing Sector, Metal

Finishing Sector, Petroleum Sector, and Computers and

Electronics Subcommittees.

Notice citation: 61 Fed. Reg. 46461, September 3, 1996

Meeting of: Common Sense Initiative Council,

Computers and Electronics Sector Subcommittee

Date and Location: September 17 and 18, 1996,

Washington, D.C.

Announced purpose: Discussion of ongoing reporting

reinvention projects, product end-life management, and

development of strategies for study of reinvention pilot

projects.

Notice citation: 61 Fed. Reg. 46461, September 3, 1996

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Meeting of: Common Sense Initiative Council, Metal

Finishing Sector Subcommittee

Date and Location: September 25 and 26, 1996,

Arlington, VA

Announced purpose: Discussion of the Strategic Goals

Project, the Strategic Research Plan, the Tier 4 Targeted

Enforcement Project, and Tier 3 environmentally

responsible site transition case studies.

Notice citation: 61 Fed. Reg. 46461, September 3, 1996

Meeting of: Common Sense Initiative Council, Iron and

Steel Sector Subcommittee

Date and Location: September 26, 1996, Chicago, IL

Announced purpose: Discussion of projects:

Brownfields, Consolidated Multi-media Reporting, the

Alternative Compliance Strategy, the Iron and Steel Web

Site, Barriers to the Use of Innovative Technology, the

Spent Pickle Liquor Conference, Multi-media

Permitting, Permit Issues, and Community Involvement;

discussion of an effort to analyze compliance data and

potential self-evaluation; and a USEPA presentation on

regulation of air particulates and potential revisions to the

existing standards.

Notice citation: 61 Fed. Reg. 46461, September 3, 1996

Meeting of: Common Sense Initiative Council,

Automobile Manufacturing Sector Subcommittee

Date and Location: September 26, 1996, by conference

call

Announced purpose: Updates from the Life-Cycle

Management/Supplier Partnership Project Team and the

Alternative Sector Regulatory System/Community

Technical Assistance Project Team; planned decision on

whether there are regulatory issues for the automobile

industry for the forum.

Notice citation: 61 Fed. Reg. 47751, September 10,

1996

Meeting of: Common Sense Initiative Council, Printing

Sector Subcommittee

Date and Location: October 7, 1996, Washington,

D.C.

Announced purpose: Discussion of Permitting

Workgroup the New York City Education Project

Workgroup projects, including multimedia permitting for

all printers and community outreach and technical

assistance for printers.

Notice citation: 61 Fed. Reg. 49458, September 20,

1996

Meeting of: Urban Wet Weather Flows (UWWF)

Advisory Committee

Date and Location: September 26 and 27 and November

18 and 19, 1996, Alexandria, VA

Announced purpose: Continued discussion of

monitoring, watershed framework, storm water effluent

limitations, no exposure, physical impacts, and water

quality standards in a wet weather context.

Notice citation: 61 Fed. Reg. 46462, September 3, 1996

Meeting of: Storm Water Phase II Advisory

Subcommittee

Date and Location: October 17 and 18 and December 12

and 13, 1996, Alexandria, VA

Announced purpose: Continued discussion of Phase II

implementation.

Notice citation: 61 Fed. Reg. 46462, September 3, 1996

Meeting of: Sanitary Sewer Overflow (SSO) Advisory

Subcommittee

Date and Location: September 9 and 10 and October 21

and 22, 1996, Alexandria, VA

Announced purpose: Continued discussion of an overall

SSO strategy.

Notice citation: 61 Fed. Reg. 46462, September 3, 1996

Meeting of: Food Safety Advisory Committee

Date and Location: September 26, October 22 and 23,

November 14 and 15, and December 4, 1996, Arlington,

VA

Announced purpose: Discussion of implementation of

the Food Quality Protection Act (Pub. L. 104-170,

eff.

Aug. 3, 1996), which amended the Federal Insecticide,

Fungicide, and Rodenticide Act (FIFRA) and the Federal

Food, Drug, and Cosmetic Act (FFDCA) to provide

greater protection for consumers, particularly infants and

children.

Notice citation: 61 Fed. Reg. 46641, September 4, 1996

Meeting of: FIFRA Scientific Advisory Panel

Date and Location: October 29 and 30, 1996, Arlington,

VA

Announced purpose: Discussion of scientific issues

related to the proposed Series 870, Health Effects Test

Guidelines, specifically relating to applying an extra 10-

fold safety factor for developmental effects and in-utero

exposure for carcinogenicity studies. The Panel will

review carcinogenicity assessments for alachlor and

carcinogenicity assessments and developmental effects of

vinclozolin.

(Note: On August 28, 1996 (61 Fed. Reg.

44308), USEPA announced the creation of a unified

library for test guidelines. Its Office of Prevention,

Pesticides and Toxic Substances (OPPT) is engaged in a

long-term project harmonizing test guidelines among

OPPT, the Office of Pesticide Programs, and the

Organization for Economic Cooperation and

Development. The test guidelines will ultimately be

published in ten series, five of which have been released

in final form. See issue 508, Sept., 1996.)

Notice citation: 61 Fed. Reg. 47126, September 6, 1996

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Meeting of: USEPA Office of Pollution Prevention and

Toxics

Date and Location: October 1, 1966, Bethesda, MD

Announced purpose: To give opportunity for public

comment on the heath effects test rule for 21 hazardous

air pollutants (biphenyl, carbonyl sulfide, chlorine,

chlorobenzene, chloroprene, cresols [3 isomers],

diethanolamine, ethylbenzene, ethylene dichloride,

ethylene glycol, hydrochloric acid, hydrogen fluoride,

maleic anhydride, methyl isobutyl ketone, methyl meth

-

acrylate, naphthalene, phenol, phthalic anhydride, 1,2,4-

trichlorobenzene, 1,1,2-trichloroethane, and vinylidene

chloride) proposed on June 26, 1996 (61 Fed. Reg.

33178).

Notice citation: 61 Fed. Reg. 47853, September 11,

1996

Meeting of: Clean Air Act Advisory Committee, Ozone,

Particulate Matter and Regional Haze Implementation

Programs Subcommittee

Date and Location: September 26 and 27, 1996,

Norfolk, VA

Announced purpose: Not announced.

Notice citation: 61 Fed. Reg. 47930, September 11,

1996

Meeting of: USEPA, Office of Ground Water and

Drinking Water

Date and Location: September 25 through 27, 1996,

Washington, D.C.

Announced purpose: Information exchange on the

development of rules to address microbial contaminants

and disinfectants/disinfection by-products in drinking

water; discuss identification of data sub-sets to be

developed from sample collection and analytical activities

under the Information Collection Rule (61 Fed. Reg.

24353, May 14, 1996).

Notice citation: 61 Fed. Reg. 47931, September 11,

1996

Meeting of: Clean Air Act Advisory Committee,

Accident Prevention Subcommittee

Date and Location: September 24, 1996 (teleconference)

Announced purpose: Discuss potential activities to

advise USEPA on chemical accident prevention issues

under Section 112(r) of the CAA.

Notice citation: 61 Fed. Reg. 48153, September 12,

1996

Meeting of: Clean Air Act Advisory Committee,

Accident Prevention Subcommittee, Electronic

Submission Workgroup

Date and Location: September 24, October 9 and 23,

November 5 and 19, and December 5, 1996 and January

8 and 22, February 5 and 20, March 5 and 20, April 2

and 17, and May 14 and 28, 1997 (teleconferences)

Announced purpose: Discuss electronic submission of

risk management plans (RMPs)

Notice citation: 61 Fed. Reg. 48153, September 12,

1996

Meeting of: Industrial Combustion Coordinated

Rulemaking Advisory Committee

Date and Location: October 1 and 2, 1996.

Announced purpose: Discussion of work groups and

projects.

(Note: USEPA formed the Industrial

Combustion Rulemaking Advisory Committee to aid in

assembly of air regulations for 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.

See issues 507, Aug., 1996 & 508, Sept., 1996. This is

the first meeting of the Committee. The Committee has

formed work groups: one for consideration of boilers,

process heaters, and incinerators; a second for

consideration of stationary internal combustion engines

and gas turbines; and a third relating to test methods and

economics.)

Notice citation: 61 Fed. Reg. 48452, September 13,

1996

Meeting of: Science Advisory Board (SAB) Integrated

Risk Project, Human Exposure and Health Subcommittee

Date and Location: October 9 and 10, 1996, Berkeley,

CA

Announced purpose: Continued discussion of human

exposure to various pollutants and the potential for risk

reduction; hear reports on efforts to "pilot test" four

possible approaches for assessing exposure and risk.

USEPA has requested that SAB develop an updated

ranking of the relative risk of different environmental

problems based upon explicit scientific criteria. SAB is

to provide an assessment of techniques and criteria that

USEPA could use to discriminate among emerging

environmental risks and identify those that merit serious

attention; assess the potential for risk reduction and

propose alternative technical risk reduction strategies for

the environmental problems identified; and identify the

uncertainties and data quality issues associated with the

relative rankings.

Notice citation: 61 Fed. Reg. 48950, September 17,

1996

Meeting of: Science Advisory Board (SAB), Ecological

Processes and Effects Committee

Date and Location: October 8 and 9, 1996, Washington,

D.C.

---

October, 1996

ENVIRONMENTAL REGISTER No. 509

15

Announced purpose: Discuss ecological risks and risk

ranking criteria to update the 1990 SAB report,

"Reducing Risk: Setting Priorities and Strategies for

Environmental Protection" and conduct general

committee business, including briefings on upcoming

review topics, agenda planning, and discussion of

subcommittee activities.

Notice citation: 61 Fed. Reg. 49458, September 20,

1996

Meeting of: Science Advisory Board, Integrated Risk

Project Committee, Valuation Subcommittee

Date and Location: October 15 and 16, 1996,

Washington, D.C.

Announced purpose: Conduct general subcommittee

business towards proposing a new framework for

assessing the value of ecosystems to humans, including

ecological services and environmentally-mediated health

and quality of life values.

Notice citation: 61 Fed. Reg. 49458, September 20,

1996

Meeting of: Science Advisory Board, Environmental

Economics Advisory Committee and Integrated Risk

Project Committee, Economic Analysis Subcommittee

Date and Location: October 18, 1996, Washington,

D.C.

Announced purpose: Conduct general subcommittee

business.

Notice citation: 61 Fed. Reg. 49458, September 20,

1996

Meeting of: National Environmental Justice Advisory

Council and USEPA

Date and Location: October 17 through 19, 1996, San

Antonio, TX

Announced purpose: Enforcement and Compliance

Roundtable; exchange ideas as to how communities can

assume a more active rule in environmental enforcement

and compliance activities.

Notice citation: 61 Fed. Reg. 50293, September 25,

1996

Meeting of: Clean Air Act Committee, Mobile Source

Technical Advisory Committee

Date and Location: October 9, 1996, Falls Church, VA

Announced purpose: Continued discussion of report to

Committee and formation of workgroups.

Notice citation: 61 Fed. Reg. 50822, September 27,

1996

Meeting of: State FIFRA Issues Research and

Evaluation Group Pesticide Operations and Management

Working Committee

Date and Location: October 10 and 11, 1996, Crystal

City-Arlington, VA

Announced purpose: Review comments on "Guide to

Clear Labelling"; discussion of bee labelling, pesticide

resistance management, and FIFRA sections 24(c) and

25(b) issues; consumer information sheets for treated

wood products; boric acid termiticide; enforcement at

federal facilities; and USEPA web-sites.

Notice citation: 61 Fed. Reg. 50823, September 27,

1996

---

ENVIRONMENTAL REGISTER No. 509 October, 1996

16

F

F

inal Decisions 9/5/96

inal Decisions 9/5/96

92-60

Kean Oil Company v. EPA - The Board affirmed

an Agency finding that this McHenry County facility was

ineligible for reimbursement in this underground storage

tank fund reimbursement determination appeal.

93-250

People of the State of Illinois v. Clark Oil &

Refining Corporation - The Board accepted a stipulation

and settlement agreement in this air enforcement action

against two Madison and Cook County facilities, ordered

the respondent to pay a civil penalty of $40,000.00, and

ordered it to cease and desist from further violation.

95-40

Comerica Bank-Illinois v. EPA - The Board

granted voluntary withdrawal of this underground storage

tank appeal involving a Cook County facility.

96-162

Oscar Mayer Corporation/Kraft Foods, Inc. v.

EPA - The Board granted voluntary dismissal of this

underground storage tank reimbursement determination

appeal involving a Cook County facility.

96-166

Oscar Mayer Corporation/Kraft Foods, Inc. v.

EPA The Board granted voluntary dismissal of this

underground storage tank reimbursement determination

appeal involving a Cook County facility.

96-198

Land Lakes Company v. EPA - The Board

granted this Cook County facility a retroactive variance

from the requirement of the land pollution control

(landfill) regulations that required existing landfills

remaining open to file an application for significant

modification within four years of the effective date of the

regulations.

96-206

Anne Shephard, James Verhein and Jerold

Leckman v. Northbrook Sports Club - The Board

dismissed this citizens’ noise enforcement action against a

Lake County gun club, finding the complaint to be

identical to one previously filed, dismissed by the Board

for lack of jurisdiction, and affirmed by the appellate

court. Board Member M. McFawn concurred.

96-226

Shell Oil Company v. EPA - The Board granted

voluntary withdrawal of this underground storage tank

appeal involving a Cook County facility.

96-230

The Clorox Company v. EPA - The Board

granted a voluntary dismissal of this petition for a trade

secret determination involving a Cook County facility.

96-239

The Solar Corporation v. EPA - The Board

granted this Lake County facility a variance from certain

volatile organic material emissions requirements of the air

pollution control regulations applicable to automotive

plastic parts coating operations in the Chicago

metropolitan area, subject to conditions.

97-12

Amoco Oil Company v. Office of State Fire

Marshal - The Board granted voluntary dismissal of this

underground storage tank fund reimbursement

determination appeal involving a Cook County facility.

97-45

Village of Fayetteville v. EPA - Upon receipt of an

Agency recommendation, the Board granted this St. Clair

County facility a 45-day provisional variance from the

biochemical oxygen demand and total suspended solids

effluent requirements of the water pollution control

regulations during a period of treatment plant repairs.

97-46

Village of Romeoville v. EPA - Upon receipt of an

Agency recommendation, the Board granted this Will

County facility a 45-day provisional variance from the

total residual chlorine and ammonia nitrogen requirements

of the water pollution control regulations during

modification of the treatment plant.

AC 96-51

Montgomery County v. Envotech-Illinois -

The Board accepted a stipulation and settlement

agreement in this administrative citation appeal involving

a Montgomery County facility, ordered the respondent to

pay a civil penalty of $1, 000.00, and dismissed this

action. Board member M. McFawn abstained.

AC 96-56

County of Jackson v. James Qualls - The

Board entered a default order, finding that this Jackson

County respondent had violated Sections 21(p)(1),

21(p)(2), and 21(p)(5) of the Act and ordering him to pay

a civil penalty of $1,500.00.

AC 96-59

County of Jackson v. Greg Burris, individually

and d/b/a Burris Disposal Service - The Board entered a

default order, finding that this Jackson County respondent

had violated Sections 21(p)(1), 21(p)(4), and 21(p)(6) of

the Act and ordering him to pay a civil penalty of

$1,500.00.

AC 96-60

County of Will v. Arthur Hammel - 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 96-61

County of Will v. First United Bank/Trust #

1279 - The Board entered a default order, finding that this

Will County respondent had violated Sections 21(p)(1)

---

October, 1996

ENVIRONMENTAL REGISTER No. 509

17

and 21(p)(4) of the Act and ordering it to pay a civil

penalty of $1,000.00.

AC 97-1

EPA v. Banner Disposal, Inc. - The Board

entered a default order, finding that this Fulton County

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

ordering it to pay a civil penalty of $500.00.

AS 95-6

In the Matter of: Petition of National

Metalwares, Inc. for an Adjusted Standard from 35 Ill.

Adm. Code Part 218.204(g)- The Board granted voluntary

withdrawal of this petition filed on behalf of a Kane

County facility for an adjusted standard from certain

volatile organic emission requirements of the air pollution

control regulations applicable to metal furniture coating

operations in the Chicago metropolitan area.

AS 96-7

In the Matter of: Petition of the City of

Belleville, Illinois for an Adjusted Standard from 35 Ill.

Adm. Code Part 306.305(b) - The Board dismissed this

petition filed on behalf of a St. Clair County facility for an

adjusted standard from certain primary treatment

requirements of the water pollution control regulations

applicable to wet weather flows due to the petitioner's

failure to file an amended petition as instructed by an

earlier Board order.

R95-17

In the Matter of: Safe Drinking Water Act

Update, USEPA Amendments (January 1 through June

30, 1995) - The Board adopted an update to the Illinois

public water supply regulations based on amendments to

the federal Safe Drinking Water Act.

See Rulemaking

Update

.

R97-9

In the Matter of: Procedures for the Collection of

Air Pollution Site Fees: Amendments to 35 Ill. Adm.

Code 251 - The Board granted voluntary withdrawal of

this Agency-proposed procedural rulemaking as

improperly filed with the Board.

F

F

inal Decisions 9/19/96

inal Decisions 9/19/96

93-16

Beloit Corporation v. EPA - The Board granted

voluntary withdrawal of this air permit appeal involving a

Winnebago County facility.

95-72

Burwell Oil Services, Inc., d/b/a Total G.B. Oil v.

EPA - The Board granted voluntary withdrawal of this

underground storage tank appeal involving a

Tazewell

County facility.

95-113

White Glove of Morton Grove, a limited

partnership v. Amoco Oil Company - The Board granted

voluntary dismissal of this underground storage tank

citizen's enforcement action against a Cook County

facility.

95-162

Illinois Landfill, Inc. v. EPA - The Board granted

this Vermilion County facility a retroactive variance from

the requirement of the land pollution control (landfill)

regulations that required existing landfills remaining open

to file an application for significant modification within

four years of the effective date of the regulations.

95-168

Brunetto Brothers Mobil v. EPA - The Board

granted voluntary dismissal of this underground storage

tank fund reimbursement determination appeal involving a

Macoupin County facility.

96-5

Ebbrey Standard Service v. EPA - The Board

granted voluntary dismissal of this underground storage

tank fund reimbursement determination appeal involving a

Morgan County facility.

96-9

Owens Oil Company v. EPA - The Board granted

voluntary dismissal of this underground storage tank fund

reimbursement determination appeal involving a

Greene

County facility.

96-37

Denny’s Phillips 66 v. EPA - The Board granted

voluntary dismissal of this underground storage tank fund

reimbursement determination appeal involving a Bond

County facility.

96-176

Steve’s Mobil Service v. EPA - The Board

granted voluntary withdrawal of this underground storage

tank appeal involving a Morgan County facility.

96-177

Royer Oil Company v. EPA - The Board granted

voluntary dismissal of this underground storage tank fund

reimbursement determination appeal involving a Bond

County facility.

96-178

Alexander/Franklin Community Unit School

District #1 v. EPA - The Board granted voluntary

dismissal of this underground storage tank fund

reimbursement determination appeal involving a Morgan

County facility.

96-225

Dalee Oil Company v. EPA - The Board granted

voluntary dismissal of this underground storage tank fund

reimbursement determination appeal involving a St. Clair

County facility.

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 affirmed the local siting approval granted this

---

ENVIRONMENTAL REGISTER No. 509 October, 1996

18

proposed Ogle County pollution control facility (landfill).

Board Member J. Theodore Meyer concurred.

96-243

Residents Against A Polluted Environment and

the Edmund B. Thornton Foundation v. County of LaSalle

& Landcomp Corporation - The Board vacated the local

siting approval granting granted this proposed LaSalle

County pollution control facility (landfill) and remanded

the petition to the unit of local government with

instructions. Board Member J. Theodore Meyer

dissented.

96-246

  

City of DeKalb v. EPA

-

The Board granted this

DeKalb County facility a variance, subject to conditions,

from the standards of issuance and restricted status

provisions of the public water supplies regulations, as

those regulations relate to the radium content of the

petitioner’s drinking water. Board Member R. C. Flemal

abstained.

97-28

Village of Lynwood v. Cook County Board of

Commissioners and J.T. Einodes Company - The Board

involuntary dismissed this pollution control facility siting

approval appeal involving a Cook County facility, finding

that the action appealed was a zoning action beyond the

Board’s jurisdiction and not subject to Board review.

97-44

Wayne County Regional Landfill v. EPA

- The

Board dismissed this docket reserved on a request for an

extension of time to file a land permit appeal as

unnecessary because the Board previously granted such an

extension for the same subject matter in another docket,

PCB 97-47.

AC 97-10

County of Will v. Land and Lakes/Willow Ranch

- The

Board

granted voluntary withdrawal of this administrative

citation against a Will County facility.

N

N

ew Cases 9/5/96

ew Cases 9/5/96

97-1

Lawrence Cadillac 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 fund reimbursement determination appeal

involving a Cook County facility for hearing.

97-33

People of the State of Illinois v. Archer Daniels

Midland - The Board received this water enforcement

action against a Peoria County facility for hearing.

97-34

Prairie Preservation Properties, Inc. v. EPA - The

Board accepted this request for 90-day extension of time

to file a land permit appeal on behalf of a Cook County

facility.

97-35

Illinois Power Company (Unit 1-Baldwin Power

Station) v. EPA - The Board accepted this air permit

appeal involving a Randolph County facility for hearing.

(Consolidated with PCB 97-36.)

97-36

Illinois Power Company (Unit 2-Baldwin Power

Station) v. EPA - The Board accepted this air permit

appeal involving a Randolph County facility for hearing.

(Consolidated with PCB 97-35.)

97-37

People of the State of Illinois v. Touhy Mobile

Homes Park, Inc. - 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 Cook County facility, the

Board ordered publication of the required newspaper

notice.

97-38

People of the State of Illinois v. Amsted Industries,

Inc., d/b/a Griffin Wheel Company; L.E. Swiderski, d/b/a

Griffin Wheel Company; L. E. Swiderski, d/b/a Griffin

Wheel Company, Hellman Trucking Company, Inc., and

Horsehead Resource Development Company, Inc., Central

Illinois Public Service Company - The Board received this

land, special waste, and RCRA enforcement action against

a Cook County facility for hearing.

97-39

City of Moline v. EPA - The Board held this

petition for a variance for a Rock Island County facility

from certain excess infiltration, combined sewer overflow,

and wet weather flow primary treatment requirements of

the water pollution control regulations for the Agency

recommendation.

97-40

People of the State of Illinois v. James R.

Womack, d/b/a Womack Brothers Excavating - The

Board received this land enforcement action against a St.

Clair County facility for hearing.

97-41

Cabot Corporation v. EPA - The Board accepted a

request for an extension of time to file a land permit

appeal on behalf of a Douglas County facility.

97-42

Cabot Corporation v. EPA - The Board accepted a

request for an extension of time to file a RCRA permit

appeal on behalf of a Douglas County facility.

97-43

People of the State of Illinois v. The Estate of

Walter A. Brandy’s formerly d/b/a A & D Auto Service,

Barbara A. (Brandy’s) Mandal, Christine m. (Brandy’s)

Douglas, Robert A. Brandy’s and Vincent W. Brandy’s,

Sr. - The Board received this water and RCRA

---

October, 1996

ENVIRONMENTAL REGISTER No. 509

19

enforcement action against a Cook County facility for

hearing.

97-44

Wayne County Regional Landfill v. EPA

- The

Board accepted a request for an extension of time to file a

land permit appeal on behalf of a Wayne County facility.

97-45

Village of Fayetteville v. EPA -

See Final Actions

97-46

Village of Romeoville v. EPA -

See Final Actions

97-47

Daub Landfill, Inc. v. EPA - The Board accepted a

request for an extension of time to file a land permit

appeal on behalf of a Wayne County facility.

AS 97-3

In the Matter: of: Shell Wood River Refining

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

Parts 725.213 and 725.321 - The Board received this

petition for an adjusted standard for a Madison County

facility from certain closure time and surface impoun

d-

ment design and operating requirements of the land

pollution control (RCRA Subtitle C hazardous waste)

regulations interim status treatment storage and disposal

facilities and held it pending receipt of publication.

AS 97-4

In the Matter: of: Ensign-Bickford Company

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

Part 703.183 - The Board received this petition for an

adjusted standard for a Union County facility from certain

permit application requirements of the land pollution

control (RCRA Subtitle C hazardous waste) regulations

and held it pending receipt of publication.

AC 97-7

EPA v. RCS, Inc. and Michael Duvall - The

Board received an administrative citation against Jersey

County respondents.

AC 97-8

County of Will v. Mark Henke and Gene

Suprenant - The Board received an administrative citation

against Will County respondents.

AC 97-9

County of Will v. American Fly Ash

- The

Board received an administrative citation against a Will

County respondent.

AC 97-10

County of Will v. Land and Lakes - The Board

received an administrative citation against a Will County

respondent.

AC 97-11

County of Will v. Kenric Hwang - The Board

received an administrative citation against a Will County

respondent.

AC 97-12

County of Will v. Bob Linkowski - The Board

received an administrative citation against a Will County

respondent.

AC 97-13

County of DuPage v. Saleem M. Choudhry -

The Board received an administrative citation against a

DuPage County respondent.

AC 97-14

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

received an administrative citation against a McDonough

County respondent.

AC 97-15

EPA v. ESG Watts, Inc. - The Board received

an administrative citation against a Rock Island County

respondent.

AC 97-16

County of Will v. David Stokes - The Board

received an administrative citation against a Will County

respondent.

AC 97-17

County of Will v. Mitch Pinnick - The Board

received an administrative citation against a Will County

respondent.

N

N

ew Cases 9/19/96

ew Cases 9/19/96

97-48

People of the State of Illinois v. Sentry Asbestos

Abatement Company, Inc. - The Board received this air

enforcement action against a Vermilion County facility for

hearing.

97-49

People of the State of Illinois v. K & B Wrecking,

Ltd. - The Board received this air enforcement action

against a Cook County facility for hearing.

97-50

Lionel P. Trepanier, Daniel Miller,

Wes Wager, Maureen

Cole, Lorenz Joseph,

Maxworks Garden Cooperative,

Avi Pandya

v. The Board of Trustees of the University of Illinois at Chicago,

other unknown Owners, and Speedway Wrecking Company

- The

Board held this citizen's air enforcement action against a

Cook

County facility for a frivolous and duplicitous

determination

.

97-51

City of West Chicago v. EPA

- The Board held this petition

for a variance for a DuPage County facility from the restricted

status and standards for issuance provisions of the public water

supply regulations, as they relate to the combined radium content

of the petitioner’s water, for the Agency recommendation.

97-52

People of the State of Illinois v. Mutual Asbestos

Control Contractors, Inc. - The Board received this air

enforcement action against a Cook County facility for

hearing.

---

ENVIRONMENTAL REGISTER No. 509 October, 1996

20

97-53

People of the State of Illinois v. General Business

Forms, Inc. - The Board received this air enforcement

action against a Cook County facility for hearing.

97-54

People of the State of Illinois v. Capital

Engineering & Manufacturing Company

- The Board

received this air enforcement action against a Cook

County facility for hearing.

97-55

People of the State of Illinois v. Capital

Engineering & Manufacturing Company

- The Board

received this RCRA enforcement action against a Lake

County facility for hearing.

AC 97-18

EPA v. Alice M. Hoffer and Margaret A.

Gunther- The Board received an administrative citation

against Tazewell County respondents.

AC 97-19

EPA v. Kit Owens, d/b/a Metropolis Tire

Store- The Board received an administrative citation

against a Massac County respondent.

AC 97-20

EPA v. William Decker - The Board received

an administrative citation against a Livingston County

respondent.

AC 97-21

EPA v. John Sexton Sand & Gravel Corpora-

tion - The Board received an administrative citation

against a Cook County respondent.

AC 97-22

EPA v. Citiwaste, Inc., and Allied Waste

Industries - The Board received an administrative citation

against a Will County respondent.

AS 97-2

In the Matter: of:

Chemetco, Inc. petition for an

Adjusted Standard from 35 Ill. Adm. Code Part 720.131(a) & (c)

-

The Board accepted this petition for an adjusted standard for a

Madison County facility from certain of the RCRA Subtitle C

(hazardous waste) requirements of the land pollution control

regulations (

solid waste determination

) for hearing.

R97-10

In the Matter of: Regulation of Petroleum

Leaking Underground Storage Tanks (35 Ill. Adm. Code

732) - The Board accepted an Agency proposal to amend

the existing underground storage tank (UST) regulations

as required by P.A. 89-457 for hearing.

See Rulemaking

Update

.

R97-11

  

In the Matter of: Site Redemption Program

(Brownfields) 35 Ill. Adm. Code 740 - The Board

accepted an Agency proposal to add a new Part 740 to our

rules establishing procedures for site remediation

programs (also known as “Brownfields”) as required by

P.A. 89-431, for hearing.

See Rulemaking Update

.

R97-12

In the Matter of: Tiered Approach to Corrective

Action (T.A.C.O.), 35 Ill. Adm. Code 742 - The Board

accepted an Agency’s Proposal to add a new Part 742 to

the land pollution control regulations that would establish

a tiered approach to corrective action objectives (also

known as “TACO”) for hearing, as required by P.A. 89-

431.

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.

Date & Time

Case # & Type

Case Name and Location

30-Oct-96

10:00 A.M.

R96-18

PWS, Rule

Amendments to 35 Ill. Adm. Code Subtitle F (Parts 601 through 620)

-- 201

Municipal Center West, 7

th

and Monroe Streets, Council Chambers, 3

rd

Floor,

Springfield, Illinois

6-Nov-96

10:00 A.M.

AC 96-057

AC

County of Jackson v. Southern Illinois Regional Landfill

--Jackson County

Courthouse, Jury Assembly Room, First Floor,

Murphysboro, Illinois

6-Nov-96

02:00 P.M.

AC 96-058

AC

County of Jackson v. Gary Easton--Jackson County Courthouse, Jury Assembly

Room, First Floor, Murphysboro, Illinois

18-Nov-96

10:00 A.M.

R97-010

R, Land

In the Matter of: Regulation of Petroleum Leaking Underground Storage Tanks

(35 Ill. Adm. Code 732)--James R. Thompson Center, Room 9-040, 100 West

Randolph Street, Chicago, Illinois

20-Nov-96

01:30 P.M.

R96-016

R, Air

In the Matter of: Exemptions from the Definition of VOM, USEPA Amendments

(Perchloroethylene)--James R. Thompson Center, Suite 11-500, 100 West

Randolph Street, Chicago, Illinois

---

October, 1996

ENVIRONMENTAL REGISTER No. 509

21

21-Nov-96

10:00 A.M.

PCB 96-047

A-E, Citizens

Joseph Bogacz v. Commonwealth Edison

--Lake Zurich Village Hall, Council

Chambers, Lower Level, 70 East Main St., Lake Zurich, Illinois

25-Nov-96

10:00 A.M.

R97-011

R, Land

In the Matter of: Site Remediation Program (Brownfields) 35 Ill. Adm. Code 740

--

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

Illinois

26-Nov-96

10:00 A.M.

R97-011

R, Land

In the Matter of: Site Remediation Program (Brownfields) 35 Ill. Adm. Code 740

--

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

Illinois

2-Dec-96

10:00 A.M.

R97-012

R, Land

In the Matter of: Tierd Approach to Corrective Action (T.A.C.O.) 35 Ill. Adm.

Code 742-- James R. Thompson Center, Room 9-040, 100 West Randolph Street,

Chicago, Illinois

3-Dec-96

10:00 A.M.

R97-012

R, Land

In the Matter of: Tierd Approach to Corrective Action (T.A.C.O.) 35 Ill. Adm.

Code 742-- James R. Thompson Center, Room 9-040, 100 West Randolph Street,

Chicago, Illinois

9-Dec-96

10:00 A.M.

R97-010

R, Land

In the Matter of: Regulation of Petroleum Leaking Underground Storage Tanks

(35 Ill. Adm. Code 732)--William Stratton Office Building, Room A-1, Sprin

g-

field, Illinois

17-Dec-96

01:00 P.M.

R97-011

R, Land

In the Matter of: Site Remediation Program (Brownfields) 35 Ill. Adm. Code 740

--

300 South Second Street, Rooms 403/404, Springfield, Illinois

18-Dec-96

09:00 A.M.

R97-011

R, Land

In the Matter of: Site Remediation Program (Brownfields) 35 Ill. Adm. Code 740

--

201 Municipal Center West, 7

th

and Monroe Streets, Council Chambers, 3

rd

Floor,

Springfield, Illinois

Calendar Code

3d P

Third Party Action

A-C

Administrative Citation

A-E

Air Enforcement

A-S

Adjusted Standard

A-V

Air Variance

CSO

Combined Sewer Overflow Exception

GW

Groundwater

HW Delist

RCRA Hazardous Waste Delisting

L-E

Land Enforcement

L-S-R

Landfill Siting Review

L-V

Land Variance

MW

Medical Waste (Biological Materials)

N-E

Noise Enforcement

N-V

Noise Variance

P-A

Permit Appeal

PWS-E

Public Water Supply Enforcement

PWS-V

Public Water Supply Variance

R

Regulatory Proceeding

RCRA

Resource Conservation and Recovery Act

proceeding (hazardous waste only)

S0

2

S0

2

Alternative Standards (35 ILL. ADM.

CODE 302.211(f))

SWH-E

Special Waste Hauling Enforcement

SWH-V

Special Waste Hauling Variance

T

Thermal Demonstration Rule

T-C

Tax Certifications

T-S

Trade Secrets

UST-Appeal

Underground Storage Tank Corrective

Action Appeal

UST-E

Underground Storage Tank Enforcement

UST-FRD

Underground Storage Tank Fund Reim-

bursement Determination

W-E

Water Enforcement

W-V

Water Variance

WWS

Water-Well Setback Exception

---

ENVIRONMENTAL REGISTER No. 509 October, 1996

22

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 October 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

October, 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

Alden Long Grove Nursing Center (Lake Co. - 0971090)

2

Inadequate Pres. Tank

204

06/15/93

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

Belmont-Highwood PWD (DuPage Co. - 0435180)

2

Trichloroethylene

498

09/16/93

*

Benld (Macoupin Co. - 1170050)

5

Atrazine

1,634

09/16/96

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

120

12/16/92

Broadview Academy (Kane Co. - 0895149)

2

Radium

304

09/19/86

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

*

Cahokia (St. Clair Co. - 1630200)

6

Trihalomethane

4,212

09/16/96

Campus (Livingston Co. - 1050050)

4

Inadequate Pres. Tank

230

03/20/81

*

Carbon Hill (Grundy Co. - 0630100)

2

Radium & Radiological

400

08/28/96

---

October, 1996

ENVIRONMENTAL REGISTER No. 509

23

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

Trichloroethylene

Coffeen (Montgomery Co. - 1350150)

5

Trihalomethane

800

03/17/92

Community Srvc Corp (McHenry Co. - 1115350)

2

Inadequate Pres. Tank

750

09/16/83

*

Coulterville (Randolph Co. - 1570150)

6

Trihalomethane

1,100

09/16/96

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

*

Dorchester (Macoupin Co. - 1170250)

5

Atrazine

480

09/16/96

Dover (Bureau Co. - 0110350)

1

Inadequate Pres. Tank

200

05/25/81

*

Eagerville (Macoupin Co. - 1170300)

5

Atrazine

187

09/16/96

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

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

*

Gillespe (Macoupin Co. - 1170400)

5

Atrazine

3,900

09/16/96

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

943

12/17/82

Hawthorn Woods (Lake Co. - 0970450)

2

Inadequate Pres. Tank

800

03/15/95

Hazelwood 1st Addn Well 2 (Henry Co. - 0735446)

1

Inadequate Pres. Tank

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

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 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

Hillview Sbdv (Will Co. - 1975800)

2

Inadequate Pres. Tank

99

03/15/85

Homeowners Assn of Four Lakes Subdiv. (LaSalle - 0995110)

1

Radium

5

09/19/88

Hopewell (Marshall Co. - 1235150)

1

Radiological

350

09/15/95

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

---

ENVIRONMENTAL REGISTER No. 509 October, 1996

24

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

*

Joy (mercer Co. - 1310100)

1

Inadequate Source

495

09/16/96

*

Kaho (Macoupin Co. - 1170030)

5

Atrazine

847

09/16/96

*

Kangley (LaSalle Co. - 0990250)

1

Radium

300

09/16/96

Kingston Mines (Peoria Co. - 1430450)

5

Radium & Radiological

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

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 & Radiological

356

12/16/91

London Mills - (Fulton County - 0574620)

5

Inadequate Pres. Tank

670

12/14/84

Lostant (LaSalle Co. - 0990450)

1

Radium

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

Moecherville Sbdv (Kane Co. - 0895300)

2

Inadequate Pres. Tank

1,120

03/20/81

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 Clare (Macoupin Co. - 1170650)

5

Atrazine

297

09/16/96

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 & Radiological

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

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

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

---

October, 1996

ENVIRONMENTAL REGISTER No. 509

25

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

*

Sawyerville (Macoupin Co. - 1170850)

5

Atrazine

570

09/16/96

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

*

Sorento (Bond Co. - 0050300)

6

Trihalomethane

750

09/16/96

South Wilmington (Grundy Co. - 0630650)

2

Radium

750

03/15/93

*

Spring Creek Water Assn (Macoupin Co. - 1175450)

5

Atrazine

60

09/16/96

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

Standard (Putnam Co. -1550300)

1

Radium & Radiological

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

500

03/20/81

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

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

*

Wilsonville (Macoupin Co. - 1171200)

5

Atrazine

609

09/16/96

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

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

Bel-Air Sbdv (Will Co. - 1975130)

Camelot Water Company, Inc. (Peoria Co. - 1435450)

Carlinville (Macoupin Co. - 1170150)

Donnellson (Bond Co. - 0054360)

Edelstein Wtr Coop (Peoria Co. - 1435150)

Hickory Hls Sbdv Assn 1 (Tazewell Co. - 1795386)

Hillsboro (Montgomery Co. - 1350300)

Huntley (McHenry C. - 1110350)

Lake Williamson Christian Center (Macoupin Co. - 1175100)

Mission Brook Sndst (Cook Co. - 0315920)

Monmouth (Warren Co. - 1870150)

Oswego (Kendall Co. - 0930150)

Schram City (Montgomery Co. - 1350600)

Spring Valley (Bureau Co. - 0111000)

---

ENVIRONMENTAL REGISTER No. 509 October, 1996

26

St. Peter (Fayette Co. - 0510300)

Taylor Springs (Montgomery Co. - 1350650)

Vermont (Fulton Co. - 0570950)

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 October 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

October, 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

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

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

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

---

October, 1996

ENVIRONMENTAL REGISTER No. 509

27

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

Lewistown (Fulton Co. - 0570600)