No. 511

   

    

A Publication of the Illinois Pollution Control Board

    

    

December, 1996

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ulemaking Update

ulemaking Update

riennial Water Quality

Review Amendments

Proposed For Second Notice,

R94-1(B)

On November 21, 1996, the

Board proposed amendments to the

Illinois water quality regulations on

ammonia nitrogen for Second

Notice review by the Joint

Committee on Administrative

Rules (JCAR). The amendments

are based on a mandatory triennial

review of the Illinois stream water

quality regulations conducted by

the Illinois EPA (Agency), as

required under the federal Clean

Water Act (33 U.S.C. §§ 1251 et

seq.). The larger Agency proposal

amends Parts 302 and 304 of the

Water Pollution Control

regulations to revise the general

water quality standards for

ammonia nitrogen, mercury, and

lead; secondary contact and

indigenous aquatic life standards;

and other regulations. The

segment of the proceeding involved

in subdocket R94-1(B) relates to

ammonia nitrogen. The segment

of the proceeding adopted on May

16, 1996, designated subdocket

R94-1(A), related to mercury and

lead.

The Agency filed the proposal,

docketed by the Board as R94-1,

on February 24,

(Cont’d on p. 2)

oard Attorney Volunteers

with Expedited Adoption

Program

“The task is not time-

consuming but it has enormous

benefits for the adopting family

and the child.” It was that

statement from Linda Rio,

coordinator for the Chicago Bar

Foundation’s Adoption Assistance

Program, which convinced Board

attorney, K.C. Poulos, to become

a volunteer attorney. Poulos,

attorney assistant

(Cont’d on p.2)

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ederal Actions

ederal Actions

efrigerant Recycling and

Purity Requirements

Temporarily Extended

On November 1, 1996 (61 Fed.

Reg. 56493), USEPA proposed an

extension of certain recycled

refrigerant quality standards. The

proposed extension would cause

the present standards, which will

presently expire on December 31,

1996, to remain effective until

USEPA can adopt revised purity

standards based on its proposal of

February 29, 1996 (61 Fed. Reg.

7858). Extended was the effec-

tiveness of the refrigerant purity

requirements of the Clean Air Act

(CAA) section 608 refrigerant

recycling regulations. The

recycled refrigerant quality

standards are part of the May 14,

1993 (58 Fed. Reg. 28660)

program for recycling and

recovery of ozone-depleting

refrigerants. The

(Cont’d on p.4)

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NVIRONMENTAL

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Inside This Issue:

Rulemaking Update

p1

Significant Federal Actions

p1

Final Decisions

p18

New Cases

p19

Calendar of Hearings

p21

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ENVIRONMENTAL REGISTER No. 511

December, 1996

2

oard Attorney Volunteers with Expedited Adop-

tion Program

(Cont’d from p.1)

for Board Member J. Theodore Meyer, was interested in

pro bono

work, but faced time constraints and work

commitments. After attending a lunch-hour orientation

meeting, Ms. Poulos stated, “I knew this volunteer

program was an excellent option for the busy attorney.”

The Adoption Assistance Program is a volunteer

effort sponsored by the Chicago Bar Foundation to assist

foster caretakers who are seeking to adopt the foster

child or children in their care. Children eligible for this

expedited program are those who are free for adoption

due to one or more of the following factors: death,

parental consent to the adoption, or a court judgment of

parental unfitness. Many of the children in the program

have been living with their foster families for a number

of years, and often the foster parents are relatives of the

child.

The volunteer attorneys are responsible for com-

pleting adoption forms and court documents; confirming

that all legal requirements are met; and ensuring that the

adoptive parent or parents understand the adoption

process and their obligations. The volunteer attorney

also pays any court expenses, which vary from case to

case. “It sounds complicated, but the whole process,

including reading the adoption laws, reviewing the case,

having one client meeting and making two court appear-

ances took less than four total hours and cost less than

$80,” Ms. Poulos stated.

Ms. Poulos’ first case involved a grandmother

adopting her 10-year-old grandson. Ms. Poulos filed the

petition for adoption in October and received the final

judgment a month later. “Everyone involved in the case

was really helpful, especially Linda Rio, who was always

there to answer my questions,” Ms. Poulos said.

“When I appeared in court with my client and her

grandson, Judge Barth took time to ask them questions

and get to know them a little. I could tell that talking to a

judge was really exciting for the grandson.”

Once the final judgment is certified, the attorney

files a Certificate of Adoption with the county clerk and

requests a new birth certificate. After receiving the birth

certificate and reviewing it for accuracy, the attorney

forwards it to the adopting parents and the adoption is

complete. “I’m hoping the birth certificate arrives in

time for the holidays,” Ms. Poulos stated, “so I can wrap

it up as a present for the family.”

For more information regarding the Adoption As-

sistance Program, attorneys should call Linda Rio or

Aimee Delaney at the Chicago Bar Foundation at 312-

554-1204.

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ulemaking U

ulemaking Up

pdate

date

(Cont’d from p.1)

1994, and the Board accepted it on March 17, 1994. The

Board decided to proceed on the proposal as a Section

28.2 federally required rule on May 5, 1994. The Board

proposed amendments based on the R94-1 proposal for

First Notice publication in the

Illinois Register

on

September 15, 1994, and Notices of Proposed

Amendments appeared in the Register on September 30,

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

proposal on November 10 and 22, 1994 and January 26

and November 8, 1995.

The Board severed the docket on January 4, 1996,

when it proposed the subdocket R94-1(A) amendments

for First Notice publication in the

Illinois Register

. A

Notice of Proposed Amendments appeared in the January

26, 1996 Register. The Board proposed the R94-1(A)

amendments for Second Notice review by the Joint

Committee on Administrative Rules (JCAR) on March

21, 1996. On May 16, 1996, the Board adopted the

subdocket A amendments, after receiving a Certificate of

No Objection from JCAR. The R94-1(A) amendments

became effective on May 24, when filed with the

Secretary of State. A Notice of Adopted Amendments

appeared in the June 7, 1996 issue of the

Illinois Register

(at 20 Ill. Reg. 7682).

(See issues 487, Oct., 1994; 503,

Apr., 1996 & 505, June, 1996.)

The Board proposed the R94-1(B) amendments for

First Notice publication in the

Illinois Register

on July

18, 1996.

(See issue 507, Aug., 1996.)

Notices of

Proposed Amendments appeared in the August 9, 1996

issue of the

Illinois Register

, at 20 Ill. Reg. 10539 (Part

302) and 20 Ill. Reg. 10760 (Part 304). The Second

Notice period began on November 25, 1996, when JCAR

accepted the Second Notice package from the Board. It

will end after 45 days, on January 8, 1997, or when

JCAR votes “No Objection” to the proposed

amendments, whichever comes first. This will leave the

Board free to adopt the amendments.

(Note: JCAR

placed these amendments on its agenda for consideration

at its meeting of December 17, 1996 meeting.)

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

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

Request copies of Board orders from the Board's

Chicago receptionist at 312-814-3620. Please refer to

docket R94-1(B).

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December, 1996

ENVIRONMENTAL REGISTER No. 511

3

mendments to the Steel and Foundry Industry

Waste Regulations Proposed for First Notice,

R96-3

On November 7, 1996, the Board proposed

amendments to the steel and foundry industry waste

landfill regulations for Second Notice review by the Joint

Committee on Administrative Rules (JCAR). The

proposed amendments, docketed as R96-3, are based on

a petition filed by the Illinois Cast Metals Association on

September 6, 1995 and amended on February 26, 1996.

(See issue 497, Oct., 1995.)

At present, the existing

steel and foundry industry waste landfill regulations

prohibit construction of new landfill units within a

regulated recharge area or within 1200 feet of Class I or

Class III groundwater. The Association would have the

Board create an exemption for those facilities that can

demonstrate no potential to impact groundwater.

The Board conducted public hearings on the proposal

on June 24, 1996, in Chicago, and June 26, 1996, in

Edwardsville. Hearings scheduled earlier for November,

1995 did not occur, at the request of the petitioner for an

opportunity to amend its petition. On August 1, 1996,

the Board proposed the amendments for First Notice

Publication in the

Illinois Register

.

(See issue 508,

Sept., 1996.)

A Notice of Proposed Amendments

appeared in the August 30, 1996 issue of the

Illinois

Register

, at 20 Ill. Reg. 11544 (Part 817). The Second

Notice period began on November 13, 1996, when JCAR

accepted the Second Notice package from the Board. It

will end after 45 days, on December 27, 1996, or when

JCAR votes “No Objection” to the proposed

amendments, whichever comes first. This will leave the

Board free to adopt the amendments.

(Note: JCAR

placed these amendments on its agenda for consideration

at its meeting of December 17, 1996 meeting.)

Direct questions to the hearing officer, Audrey

Lozuk-Lawless, at 312-814-6923 (Internet address:

alozukla@pcb016r1.state.il.us). Request copies from

Victoria Agyeman, at 312-814-3620 (Internet address:

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

R96-3.

ACO Proposed for First Notice, R97-12

On November 7, 1996, the Board proposed new

regulations for First Notice publication in the

Illinois

Register

. The proposed rules would 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 "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 uses 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.

The Illinois Environmental Protection Agency filed

the TACO proposal on September 16, 1996. The Board

accepted that proposal for hearing on September 19,

1996. Public hearings are scheduled as follows:

10:00 a.m., December 2 and 3, 1996

James R. Thompson Center

100 West Randolph Street, Suite 1-040

Chicago

10:00 a.m., December 10, 1996

William Stratton Building

First Floor, A1

Springfield

10:00 a.m., January 15, 1997

201 Municipal Center West

7th and Monroe Street

Council Chambers, Third Floor

Springfield

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.

(Note: A

Notice of Proposed Rules was to appear in the December

6, 1996 issue of the

Illinois Register

, which would mean

that the public comment period should expire on January

20, 1997, after which the Board could propose the rules

for Second Notice review by the Joint Committee on

Administrative Rules (JCAR).)

 

mendments to Subpart F Public Water Supplies

Regulations Proposed for First Notice, R96-18

On November 21, 1996, the Board proposed

amendments to the Subtitle F public water supplies

regulations for First Notice publication in the

Illinois

Register

, under docket R96-18. The Subtitle F

regulations include the Illinois drinking water rules, the

federally-derived Safe Drinking Water Act (SDWA)

rules, the groundwater quality rules, and the groundwater

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ENVIRONMENTAL REGISTER No. 511

December, 1996

4

protection rules. The opening of the docket R96-18

followed a June 20, 1996 request by the Illinois

Environmental Protection Agency (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 accepted the Agency

proposal on September 19, 1996 and conducted public

hearings on October 25, 1996, in Geneva, and October

30, 1996, in Springfield.

(See issue 509, Oct., 1996.)

The 45-day public comment period will begin when

Notices of Proposed Amendments appear in the

Illinois

Register

. After that time, the Board will be free to

propose the amendments for Second Notice review by the

Joint Committee on Administrative Rules. 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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IGNIFICANT FEDERAL ACTIONS

IGNIFICANT FEDERAL ACTIONS

(Cont’d from p.1)

extended regulations set forth quality standards for the

sale of used refrigerant.

This proposed rule would be the third action extend-

ing the existing purity standards; on March 15, 1996 (61

Fed. Reg. 10676), USEPA issued a temporary order that

extended the effectiveness of certain recycled refrigerant

quality standards. It had the effect of making immedi-

ately effective the extension adopted by a direct final rule

on February 29, 1996 (61 Fed. Reg. 7724). (See issues

502, Mar., 1996 & 503, Apr., 1996.)

USEPA extended the rules in response to requests

from the air-conditioning and refrigeration industry out

of concern over possible contamination of the stock of

chlorofluorocarbon (CFC) and hydrochlorofluorocarbon

(HCFC) available. The production of these chemicals is

banned under the CAA and 40 CFR 82 out of concern

over their potential to deplete stratospheric ozone, so

replacement of these compounds in commerce is

dependent on recycled material. (See issue 495, June-

July, 1995.) USEPA stated that it is in the process of

developing newer, more flexible standards, which it

proposed on February 29 (61 Fed. Reg. 7857), but it

would not be able to complete that proceeding prior to

the former March 18, 1996 expiration date of the

existing quality standards. (See issue 503, Apr., 1996.)

ominations Sought for National Drinking Water

Advisory Council

On November 1, 1996 (61 Fed. Reg. 56540), USEPA

published a notice that it was seeking nominations of

qualified persons to serve on the National Drinking

Water Advisory Council. One of the previously-

appointed members resigned, and other five positions

will be open for reappointment on December 15, 1996.

The 15-member Council is intended to advise USEPA on

implementation of the amended Safe Drinking Water Act

(SDWA). Five members will represent the general

public, five will represent state and local agencies, and

five will represent those who have an active interest in

drinking water-related issues. Annually, the terms of

five members expire in December.

inal PCBs Cancer Dose-Response Assessment and

Application Document Available

On November 4, 1996 (61 Fed. Reg. 56680), USEPA

announced the release of a final report entitled "PCBs:

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December, 1996

ENVIRONMENTAL REGISTER No. 511

5

Cancer Dose-Response Assessment and Application to

Environmental Mixtures.” The National Center for

Environmental Assessment (NCEA) of USEPA's Office

of Research and Development (ORD) assembled the

document. The report updates the cancer dose-response

assessment for polychlorinated biphenyls (PCBs). It

gives information on how the toxicity, disposition, and

environmental processes can be considered in evaluating

human health risks associated with PCBs. The document

sets forth guidance for applying dose-response parame-

ters to different exposure routes, partial lifetime

exposure, and varying mixture compositions. The focus

is on analysis and interpretation. USEPA intends to

include the document on its on-line Integrated Risk

Information System (IRIS).

ew Occupational Exposure Standard Adopted for

1,3-Butadiene

On November 4, 1996 (61 Fed. Reg. 56745), the

Occupational Safety and Health Administration (OSHA)

adopted a new occupational exposure standard for 1,3-

butadiene. The action was based on OSHA's determina-

tion that the existing 1,000 parts per million (ppm) 8-

hour time-weighted average (TWA) permissible exposure

limit (PEL) did not adequately protect worker health.

The new 8-hour TWA PEL is 1 ppm, and the short-term

exposure limit is 5 ppm for 15 minutes. The standard

also includes an "action level" of 0.5 ppm and require-

ments for engineering controls, work practices, personal

protective equipment, exposure monitoring, etc.

pplications Sought for 1997 National Brownfields

Assessment Demonstration Pilots

On November 5, 1996 (61 Fed. Reg. 56953), USEPA

invited applications for the 1997 National Brownfields

Assessment Demonstration Pilots. The pilots, which will

receive federal funding up to $200,000 over two years,

are intended to test assessment models in the context of

site cleanup and redevelopment planning, to direct efforts

toward removing regulatory barriers without sacrificing

environmental protection, and to coordinate state,

federal, and local cleanup and redevelopment efforts.

USEPA has previously funded 76 Brownfields Assess-

ment Pilots, 39 of which were selected by USEPA

headquarters in Washington, and 37 of which were

selected by the USEPA regions. USEPA stated that it

hopes to select another 25 projects by March, 1997.

USEPA stated that it will give special consideration to

empowerment zones and enterprise communities and to

communities with populations less than 100,000. The

deadline for submission of applications is January 15,

1997.

esticide Tolerance Exemption Proposed for

Sodium and Potassium Bicarbonate

On November 6, 1996 (61 Fed. Reg. 57356), USEPA

proposed a pesticide tolerance exemption for residues of

sodium bicarbonate and potassium bicarbonate on or in

agricultural commodities. The exemption would apply to

residues of these materials when they are applied to the

commodities as fungicides or post-harvest fungicides.

USEPA proposed the exemptions on its own initiative

under the Food Quality Protection Act of 1996, Pub. L.

104-170, effective Aug. 3, 1996.

larification Issued Relating to Implementation of

the Interim Permitting Approach of Water

Quality-Based Limitations in Stormwater Permits

On November 6, 1996 (61 Fed. Reg. 57425), USEPA

issued a list of questions and answers relating to imple-

mentation of its interim permitting approach for imposing

water quality-based effluent limitations in stormwater

permits. USEPA issued its interim approach for

incorporating water quality-based effluent limitations into

NPDES stormwater permits On August 26, 1996 (61

Fed. Reg. 43761). USEPA will use the interim approach

to reduce the threat of wet-weather flows to stream water

quality, aid the states in solving wet-weather flow-related

problems, and reduce the burden of the Phase I storm-

water permit program. (See issue 508, Sept., 1996.)

USEPA published the questions and answers relating to

its approach in response to questions it received since the

August 26 publication, in an effort to clarify its policy.

WA Pesticide Chemicals Category Effluent

Limitations and Pretreatment Standards Adopted

for Two Subcategories

On November 6, 1996 (61 Fed. Reg. 57517), USEPA

adopted Clean Water Act (CWA) wastewater limitations

for new and existing direct and indirect dischargers for

two subcategories in the pesticide chemicals category.

The rules establish CWA best conventional control

technology (BCT) and best available technology eco-

nomically achievable (BAT) for existing discharge

sources, new source performance standards (NSPSs) for

new direct discharge sources, and pretreatment standards

for existing sources and new sources (PSESs and

PSNSs). The two subcategories affected are pesticide

formulating, packaging, and repackaging facilities and

agricultural refilling facilities. The rule will require zero

discharge of agricultural refilling facilities and offer

pesticide formulating, packaging, and repackaging

facilities the options of zero discharge of a "pollution

prevention alternative.”

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ENVIRONMENTAL REGISTER No. 511

December, 1996

6

The regulations will become effective January 6,

1997. USEPA estimated that there are 2,600 affected

sources. It further estimated that the rules will remove

7.6 million pounds of toxic discharges per year at an

annualized cost of $29.9 million.

(Note: The Board will include these amendments in

the reserved wastewater pretreatment update docket R97-

23, which will cover the period July 1 through December

31, 1996.)

resumptive Service Connection Established for

Herbicide Agents

On November 7, 1996 (61 Fed. Reg. 57586), the

Department of Veterans Affairs (VA) adopted a regula-

tion that established a presumptive service connection

between exposure to certain pesticide agents and later

medical problems. Under the Agent Orange Act of

1991, the VA established the presumptive connection

between prostate cancer and subacute peripheral

neuropathy and exposure to 2,4-D and dioxin-containing

herbicides while on active duty in the Republic of

Vietnam. The VA undertook this action, as required by

law, in response to a National Academy of Sciences

report: "Veterans and Agency Orange: Update 1996.”

nput Sought into Development of CAA Organic

Chemical Processes NESHAP

On November 7, 1996 (61 Fed. Reg. 57602), USEPA

invited input into the development of Clean Air Act

(CAA) national emission standards for hazardous air

pollutants (NESHAPs) that would apply to organic

chemical processes. USEPA intends to develop a single

set of NESHAPs that would apply to 21 listed source

categories for which it has not yet developed NESHAPs

or which have been excluded from NESHAPs adopted to

date. The NESHAPs would apply to sources for which

final standards are due under the CAA by November 15,

2000. USEPA dubbed this prospective rule the

"miscellaneous organic chemical process NESHAP" or

"MON.” USEPA invited interested persons, including

representatives of government, industry, and environ-

mental groups, to participate in development of the

NESHAPs through submission of information.

USEPA is required by section 112 of the federal

CAA to list and adopt NESHAPs for major categories of

sources to reduce and control emissions of hazardous air

pollutants (HAPs). USEPA published its listing of 174

source categories on December 3, 1993 (58 Fed. Reg.

63941) together with a schedule for NESHAP develop-

ment. USEPA stated that a number of the source

categories for which it must develop NESHAPs by 2000

can be classified as miscellaneous organic chemical

processes, including more than 300 sources nationally

under Standard Industrial Classification (SIC) code 28.

The information collected on these sources by USEPA

indicates that these sources collectively use similar

process and control equipment, similar emission points,

and are often located with other listed emission sources.

USEPA stated that the MON will establish control

requirements for organic chemical processes described as

follows: they are described by SIC codes 282, 284, 285,

286, 287, 289, and 386; they emit HAP; they are located

within a stationary source or a contiguous group of

stationary sources that emit or has the potential to emit at

least 10 tons of one, or an aggregate 25 tons or more

HAP per year; and they are not covered by any other

MACT standard. Organic chemical processes not

covered by any other MACT standard include 21 listed

source categories; organic chemical processes excluded

from applicable requirements of any other MACT

standard; product processes identified by USEPA,

including alcohols, plasticizers, oil additives, synthetic

fatty acids, trioxane/trioxane polymer, hexamethylene

diisocyanate, urea, nitroparaffin derivatives, polyethyl-

ene, ExxateTM, dicapryl phthalate, glyphosate, ethoxo-

lates, alkyl naphthalene, polypropylene, neopentyl

glycol, hexanediol, primene, hexamethylene diisocy-

anate, adipic acid, sorbic acid, alkyl phenol, primene,

and lactic acid; and other organic chemical product

processes not covered by any other MACT standard.

Twelve of the 21 listed source categories potentially

covered by the MON are listed under the Miscellaneous

Processes Industry Group, including benzyltrimethylam-

monium chloride production, carbonyl sulfide produc-

tion, chelating agents production, chlorinated paraffins

production, ethylidene norbornene production, explosives

production, hydrazine production, photographic chemi-

cals production, phthalate plasticizers production, rubber

chemicals production, symmetrical tetrachloropyridine

production, and OBPA/1,3-diisocyanate production.

Eight of the source categories are listed under the

Polymers and Resins Industry Group, including alkyd

resins production, polyester resins production, polyvinyl

alcohol production, polyvinyl acetate emulsions produc-

tion, polyvinyl butyral production, polymerized vinylid-

ene chloride production, polymethyl methacrylate

production, and maleic anhydride copolymers produc-

tion. One of the 21 potentially affected listed source

categories is listed as the Surface Coating Processes

Industry Group, and includes the manufacture of paints,

coatings, and adhesives.

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December, 1996

ENVIRONMENTAL REGISTER No. 511

7

roposed Amendment of Comprehensive Procure-

ment Guideline Would Include 13 New Items

Made with Recovered Materials

On November 7, 1996 (61 Fed. Reg. 57747), USEPA

proposed amending the May 1, 1995 Comprehensive

Procurement Guideline (CPG) to add 13 new products

that are or could be made from recovered materials. The

added materials are shower and restroom dividers, latex

paint, parking stops, channelizers, delineators, flexible

delineators, snow fencing, garden and soaker hoses, lawn

and garden edging, printer ribbons, ink jet cartridges,

plastic envelopes, and pallets. USEPA further clarified

its previous designation of floor tiles, structural fiber-

board, and laminated paperboard as items that can be

made with recovered materials. Implementing Subtitle F

of the Resource Conservation and Recovery Act

(RCRA), the listing of an item requires federal buyers to

procure that item with the highest portion of recovered

materials available. The listing further describes those

conditions of competition, price, quality, etc. under

which such procurement is not required. On the same

day that USEPA proposed the addition of the 13 new

products, it released a draft Recovered Materials

Advisory Notice (RMAN) that will guide federal

agencies in procurement of the products (61 Fed. Reg.

57760).

dditional Year Proposed for Manufacturer

Certification under Option 2 of the Urban Bus

Retrofit/Rebuild Program

On November 12, 1996 (61 Fed. Reg. 58022),

USEPA proposed an amendment to its Urban Bus

Retrofit/Rebuild Program that would allow equipment

manufacturers an additional year to certify their equip-

ment under Option 2 of the program. USEPA intends

the amendment to make Option 2 equivalent to Option 1,

removing the incentive to switch options.

Under section 219(d) of the Clean Air Act (CAA), on

April 21, 1993 (58 Fed. Reg. 21359), USEPA estab-

lished emission standards or control technology require-

ments for certain 1993 and earlier model year buses

whose engines are rebuilt or replaced. Under the

regulations, fleet owners may select compliance options

1 or 2. Option 1 establishes PM emission standards for

each rebuilt or replaced engine. Option 2 is a fleet

averaging program for each vehicle with a rebuilt or

replaced engine that sets forth average PM emission

targets for the operator's fleet. (See issue 508, Sept.,

1996.)

arge Nonroad Compression-Ignition Vehicle

Emissions Requirements Amended

On November 12, 1996 (61 Fed. Reg. 58101),

USEPA adopted a direct final rule that amended the large

(greater than 37 kilowatt) new nonroad compression-

ignition engine vehicle emissions requirements. The

amendments allow manufacturers to use certified on-

highway engines in nonroad vehicles constructed from

on-highway vehicles or which must use public roads

between job sites. The amendments also allow the use of

uncertified engines to rebuild pre-regulation nonroad

equipment when the equipment suffers engine failure and

no certified engine would fit the equipment. A notice of

proposed rulemaking appeared in the same issue of the

Federal Register (61 Fed. Reg. 58028).

unicipal Solid Waste Landfill News

On November 13, 1996 (61 Fed. Reg. 58189),

USEPA released draft guidance to help owners and

operators of municipal solid waste landfills (MSWLFs)

submit no-migration exemptions for consideration. The

title of the document is "Preparing No-Migration

Petitions for Municipal Solid Waste Disposal Facilities--

Draft Guidance Document.” Under the MSWLF rules, a

no-migration exemption would allow the owner or

operator to suspend the groundwater monitoring re-

quirements of the Resource Conservation and Recovery

Act (RCRA) Subtitle D MSWLF regulations under

certain circumstances. To obtain a no-migration

exemption, the owner or operator must demonstrate that

no migration of waste constituents would occur from the

site during the life of the facility and the closure and

post-closure care period due to climatic and hydro-

geologic conditions.

USEPA also re-established the groundwater moni-

toring exemption for small municipal solid waste landfill

(MSWLFs) located in dry or remote areas on September

25, 1996 (61 Fed. Reg. 50409). That 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 is 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). The September action restored an exemption

present in the original RCRA Subtitle D MSWLF

regulations, adopted on October 9, 1991 (56 Fed. Reg.

50978). As a result of the decision in Sierra Club v.

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

tively vacated the groundwater monitoring exemption,

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and USEPA rescinded it on October 1, 1993 (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 times, 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 allowed exemption of

the small MSWLFs, so long as no groundwater contami-

nation is evident and the unit is located in a dry or

remote area that has no practicable waste management

alternative. The Act also 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. (See issue 510, Nov.,

1996.)

This action will be included, together with that of

September 25, 1996, in the RCRA Subtitle D update

docket for the period July 1 through December 31, 1996,

R97-20. 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 incorpo-

rated the original exemption for small MSWLFs located

in dry or remote areas.

esticide Experimental Use Permits Issued for Use

in Illinois

On November 13, 1996 (61 Fed. Reg. 58190),

USEPA issued an experimental use permit to allow the

use of 730 grams of Bacillus thuringiensis d-endotoxin in

seeds in 20 states and Puerto Rico, including Illinois.

The use is to control European corn borer, southwestern

corn borer, fall armyworm, and corn earworm. The

permit is effective May 2, 1996 through April 30, 1997.

A limitation of the permit would require destruction of

the crops tested or use for research purposes only.

Another experimental use permit announced in the

same notice would allow the use of 91.78 pounds of a

herbicide 7-fluoro-6-[(3,4,5,6-tetrahydro)phthalimido]-4-

(2-propynyl)-1,4-benzoxazin-3(2(H)-one) on 480 acres of

soybeans over two years to evaluate the control of

various broadleaf weeds. Illinois is one of the 17 states

covered by the permit.

O Emissions Requirements Amended for New

Nonroad Small Spark-Ignition Engines

On November 13, 1996 (61 Fed. Reg. 58295),

USEPA amended the carbon monoxide (CO) emissions

requirements applicable to non-handheld new nonroad

Phase I small (less than 9 kilowatt) spark-ignition (SI)

engines. USEPA increase the allowable CO emissions

rate from 469 grams per kilowatt hour (g/kW-hr) to 519

g/kW-hr. USEPA originally adopted the emissions

standards for these engines on July 3, 1995. USEPA

stated that it intended the correction to ensure that

manufacturers of small SI engines can certify their

products, such as lawn mowers, in time for the 1997

season. Accompanying amendments would allow the use

of open crankcase engines in snowthrowers.

se of Alternative Reformulated Gasoline Test

Methods Extended

On November 13, 1996 (61 Fed. Reg. 58303),

USEPA extended the use of alternative analytical test

methods for use in the reformulated gasoline (RFG)

program. The alternative test methods were to have

expired on January 1, 1997, but USEPA extended their

permissible use until September 1, 1998. USEPA stated

that it extended the use of alternative methods pending its

consideration of approving expanded use of alternative

methods.

ational Lead Laboratory Accreditation Program

Amended

On November 14, 1996 (61 Fed. Reg. 58408),

USEPA announced that it had revised the National Lead

Laboratory Accreditation Program (NLLAP) in the

document "Laboratory Quality System Requirements

(LQSR) Revision 2.0,” dated August 1, 1996. The

revisions included changed personnel training require-

ments and expansion to cover laboratory lead testing

programs that can occur int he field. USEPA established

NLLAP pursuant to the Residential Lead-Based Paint

Hazard Reduction Act of 1992 to assure that laboratories

testing for lead in paint, dust, and soil samples are

capable of performing analyses for lead.

elenium Standard Revision Approved for Great

Lakes System

On November 14, 1996 (61 Fed. Reg. 58443),

USEPA proposed a new criterion maximum contaminant

level for selenium for the Water Quality Guidance for the

Great Lakes System. USEPA adopted the Water Quality

Guidance for the Great Lakes System on March 23, 1995

(60 Fed. Reg. 15365), setting the criterion continuous

concentration (CCC) for selenium at 5 micrograms per

liter (mg/l) and the criterion maximum concentration

(CMC) at 19.34 mg/l. A federal appellate court vacated

the acute selenium criterion on September 19, 1996, in

American Iron and Steel Institute v. EPA, no. 95-1348

(D.C. Cir.). The plaintiffs had argued that USEPA

erred in not distinguishing the two oxidation states of

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aqueous selenium, selenite (selenium IV) and selenate

(Selenium VI). USEPA requested that the court vacate

the selenium criterion and remand the matter to USEPA

for further consideration. As a result, USEPA proposed

revision of the CMC for selenium to 185.9 mg/l for

selenite and 12.82 mg/l for selenate. USEPA did not

propose amendment of the CCC for selenium.

SEPA to Decide Whether New Mexico WIPP

Meets Radiation Protection Standards; Final

Economic Impact Study Released on Management of

the Nuclear Stockpile; USEPA-OSW Terminates

Review

In an advance notice of proposed rulemaking on

November 15, 1996 (61 Fed. Reg. 58499), USEPA

stated that it will be rendering its determination whether

the New Mexico Waste Isolation Pilot Plant (WIPP) will

comply with USEPA's environmental radiation protec-

tion standards for disposal of radioactive waste. The

Department of Energy (DOE) submitted an application

for USEPA certification on October 29, 1996, and

USEPA announced by its notice that it will commence a

rulemaking proceeding to consider the application.

The WIPP is being developed by the DOE as a

repository for transuranic radioactive waste. The

development was authorized by the DOE National

Security and Military Applications of Nuclear Energy

Authorization Act of 1980 (Pub. L. 96-164) to demon-

strate the safe disposal of radioactive waste. Under the

1992 WIPP Land Withdrawal Act (Pub. L. 102-579),

disposal in the WIPP is limited to transuranic radioactive

wastes generated in the course of defense-related

activities. That statute defines transuranic waste and

specifically excludes high-level radioactive waste. The

WIPP Land Withdrawal Act further requires USEPA to

certify whether the WIPP will comply with the environ-

mental radiation protection standards and to develop

implementing disposal regulations. USEPA adopted

those rules on February 9, 1996 (61 Fed. Reg. 5224).

Under the WIPP Land Withdrawal Act, the DOE may

begin disposal of waste at the facility after USEPA has

granted its certification.

On November 19, 1996 (61 Fed. Reg. 58871), the

DOE announced that a final programmatic environmental

impact statement (PEIS) was available for the Stockpile

Stewardship and Management Program. The PEIS

analyzes the environmental consequences of alternative

methods for maintaining the safety and reliability of the

nuclear weapons stockpile in the absence of underground

testing. DOE explained that the U.S. is no longer

producing new design nuclear weapons, and the focus of

the arms program has shifted to reducing the size of the

stockpile and dismantling existing weapons. DOE

designed the Stockpile Stewardship and Management

Program to help fulfill its charge of maintaining the

safety and reliability of the nuclear weapons in the

stockpile.

On November 29, 1996 (61 Fed. Reg. 60690), DOE

released a draft supplemental environmental impact

statement (SEIS-II) on the WIPP project, invited public

comments, and announced public hearings. SEIS-II

considers the impact of burial of the allowed quantities of

treated transuranic wastes at the WIPP 2,100 feet below

ground level in a salt deposit.

USEPA announced on November 29, 1996 (60704)

that its Office of Solid Waste (OSW) had terminated its

review of the no-migration exemption petition submitted

by DOE for the WIPP. USEPA explained that the

hazardous wastes to be managed at the facility were

originally regulated under the Resource Conservation and

Recovery Act (RCRA), which would have subjected

them to the Subtitle C land disposal restrictions (LDRs).

However, recent legislation (the National Defense

Authorization Act for Fiscal Year 1997, Pub. L. 104-

201, effective Sept. 23, 1996) exempted the WIPP

wastes from the LDRs. USEPA terminated its review of

the petition effective October 1, 1996. Obtaining a no-

migration exemption would have required the DOE to

demonstrate that hazardous waste disposed at the WIPP

would not migrate from the site for at least 10,000 years.

ettlement Announced in Gasoline Distribution

NESHAP Litigation

On November 15, 1996, USEPA announced a

proposed settlement in American Petroleum Institute v.

EPA, no. 95-1098 (D.C. Cir.), which involves a

challenge to the stage 1 national emission standards for

hazardous air pollutants (NESHAP) for gasoline

distribution facilities. The stage 1 gasoline distribution

NESHAP, adopted on December 14, 1994 (59 Fed. Reg.

64303) established hazardous air pollutant (HAP)

emissions limitations for gasoline bulk terminals and

gasoline pipeline breakout stations. Under the settlement

agreement, USEPA would alter the formulae for

estimating emissions in order to enhance their accuracy

and utility.

azardous Waste Characteristics Scoping Study

Available

On November 15, 1996 (61 Fed. Reg. 58549),

USEPA announced the availability of the "Hazardous

Waste Characteristics Scoping Study.” USEPA prepared

the study under a May 17, 1996 consent agreement in

Environmental Defense Fund v. Browner, no. 89-0598

(D.D.C.) in order to investigate gaps in the coverage of

existing hazardous waste characteristics. It considers

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contamination resulting through the management of waste

that does not fulfill the criteria for being designated

hazardous waste. (See issue 510, Oct., 1996.)

nterim Revised Durability Procedures for Light-

Duty Vehicles and Light-Duty Trucks Extended

Indefinitely

On November 15, 1996 (61 Fed. Reg. 58617),

USEPA issued a direct final rule that indefinitely

extended the revised durability procedures for light-duty

vehicles and light-duty trucks. The procedure is used by

manufacturers for demonstrating compliance with the

vehicle emission standards. USEPA adopted the

standards, dubbed the "RDP-I rule,” on January 12,

1993 (58 Fed. Reg. 3994). It applies only to model year

1994 through 1996 vehicles. USEPA intended to adopt a

separate "RDP-II" durability rule for vehicles beginning

with model year 1997. USEPA did not adopt the RDP-II

rule, so it temporarily extended the applicability of the

RDP-I durability testing procedure through model year

1998 on July 18, 1994 (59 Fed. Reg. 36368). This latest

action indefinitely extends the applicability of the RDP-I

rule. It presently plans to develop new rules that would

apply to model year 2000 and later vehicles.

oxicity Data Received on Glycidyl Methacrylate

USEPA announced on November 18, 1996 (61 Fed.

Reg. 58688) that it had received toxicity test data on

glycidyl methacrylate (GMA) pursuant to the Toxic

Substances Control Act (TSCA). The data was submit-

ted on behalf of the Dow Chemical Company, investi-

gated the inhalation toxicity on rats. GMA is an epoxy

resin additive used on paint and adhesive applications.

omments Sought on the 1996 Progress Report of

the Air Quality Committee Under the Canada-

U.S. Air Quality Agreement

On November 18, 1996 (61 Fed. Reg. 58728), the

State Department announced that the International Joint

Commission invited comment on the 1996 Progress

Report of the Air Quality Committee Under the Canada-

U.S. Air Quality Agreement. The U.S. and Canada

entered into the Agreement in 1991 to help reduce cross-

boundary air pollution. Under the agreement, a bilateral

Air Quality Committee reviews progress in implementa-

tion of the Agreement. The Committee sought comment

on the 1996 report.

mendments Adopted to Correct Fuel and Fuel

Additive Testing Rules

USEPA adopted a set of minor corrections to the fuel

and fuel additive testing rules by a direct final rule on

November 18, 1996 (61 Fed. Reg. 58743). The

amendments are intended to ensure flexibility in sched-

uling testing, to allow a single set of tests on multiple

detergent additive products that have the same active

ingredients, and to correct errors in the rules.

USEPA adopted the fuel and fuel additive testing

requirements in 1975 and amended them on June 27,

1994 (59 Fed. Reg. 33042) and July 11, 1996 (61 Fed.

Reg. 36506). (See issue 507, Aug., 1996.) In amending

the rules, USEPA inadvertently disallowed the use of

exposure studies interrupted by long federal holiday

weekends. One correction allows the use of data from

such studies where the interruption of longer than two

days was not through the fault of the tester.

nvironmental Leadership Program ICR Submit-

ted to OMB for Review

USEPA announced on November 18, 1996 (61 Fed.

Reg. 58749) that it was submitting an information

collection request (ICR) to the Office of Management

and Budget (OMB) for review. The ICR is intended for

use in the Environmental Leadership Program, a

voluntary program to gain enhanced environmental

protection by promoting systematic management of

environmental issues and encouragement of environ-

mental enhancement activities. When accepted into the

program, participating facilities must submit annual

performance reports to USEPA. USEPA estimates that

about 75 facilities will seek participation in the program

each year.

reat Lakes Priorities and Funding Guidance

Available

On November 19, 1996, USEPA announced that

fiscal year 1997 Great Lakes Priorities and Funding

Guidance is available. The document identifies

USEPA's Great Lakes priorities and solicits preproposals

for assisted projects. It further describes alternative

sources of funding. USEPA stated that $3.7 million will

be available to help study contaminated sediments,

pollution prevention, assessment indicators, habitat

protection and restoration, exotic species, and informa-

tion management on the Great Lakes. The funding will

be available through USEPA; the U.S. Department of

Agriculture, Natural Resources Conservation Service;

the Fish and Wildlife Service; and the U.S. Army Corps

of Engineers.

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echnical Amendments Adopted to Acid Rain

Program Continuous Monitoring Rule

On November 20, 1996 (61 Fed. Reg. 59141),

USEPA amended the continuous emission monitoring

(CEM) rule of the acid rain program. USEPA adopted

the acid rain program on January 11, 1993 (58 Fed. Reg.

3590) with its CEM rules. It attempted to make the

program simpler to implement by interim final amend-

ments on May 17, 1995 (60 Fed. Reg. 26510). Several

of the interim final amendments expire on January 1,

1997. USEPA adopted permanent amendments to the

CEM to address issues involved in the expiration of the

interim final rule. USEPA stated that the amendments

are intended to streamline the CEM rule and increase

flexibility in its implementation.

ssessment on U.S. Initiative on Joint Implemen-

tation Greenhouse Gas Projects

On November 22, 1996 (61 Fed. Reg. 59480), the

State Department Bureau of Oceans and International

Environmental and Scientific Affairs announced that it is

beginning its review of the U.S. Initiative on Joint

Implementation (USIJI). The USIJI commenced as a

result of the October 19, 1993 U.S. Climate Change

Action Plan, which seeks to lower U.S. emissions of

greenhouse gasses to 1990 levels through voluntary

actions. The State Department initiated the USIJI and

received proposals for projects from numerous countries

to study such things as renewable energy, energy

recovery, methane recovery, and land-use change

projects. It is estimated that the projects collectively

reduce emissions by 30 million metric tonnes of carbon

equivalent each year.

roup I and Group IV Polymers and Resins

NESHAPs to Be Amended

USEPA published an advance notice of proposed

rulemaking on November 25, 1996 (61 Fed. Reg. 59849)

announcing its intent to amend the national emission

standards for hazardous air pollutants (NESHAPs) for

the Group I and Group IV polymers and resins industry

categories. USEPA plans amendments to parallel those

for proposed for the NESHAPs for the synthetic organic

chemical manufacturing industry (SOCMI) and other

processes subject to the negotiated rulemaking for

equipment leaks ("hazardous organics NESHAP" or

"HON"). Proposed HON amendments will apply to

Group I and Group IV polymer and resins facilities,

USEPA plans amendments for consistency, and it will

extend the compliance date for heat exchange systems for

September 5, 1999.

USEPA adopted the Group I polymers and resins

NESHAP on September 5, 1996 (61 Fed. Reg. 46905)

and the Group IV NESHAP on September 12, 1996 (61

Fed. Reg. 48207). Group I facilities manufacture butyl

rubber, halobutyl rubber, epichlorohydrin elastomers,

ethylene propylene rubber, HypalonÔ, 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. They emit several

hazardous air pollutants (HAPs), including styrene, n-

hexane, 1,3-butadiene, acrylonitrile, methyl chloride,

hydrogen chloride, carbon tetrachloride, chloroprene,

and toluene. Group IV facilities manufacture acryloni-

trile butadiene styrene resin (ABS), styrene acrylonitrile

resin (SAN), methyl methacrylate acrylonitrile butadiene

styrene resin (MABS), methyl methacrylate acrylonitrile

butadiene styrene resin (MBS), polystyrene resin, poly

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

The HAPs emitted by these facilities include styrene,

acrylonitrile, butadiene, ethylene glycol, methanol,

acetaldehyde, and dioxane. (See issue 509, Oct., 1996.)

USEPA adopted the HON on April 22, 1994 (59 Fed.

Reg. 19402) to control HAP emissions from SOCMI

facilities. Group I and Group IV polymer and resin

facilities emit similar HAPs to those from SOCMI

facilities, so USEPA used the HON to develop the Group

I and Group IV regulations. In settlement of litigation,

USEPA proposed amending the HON on August 26,

1996 (61 Fed. Reg. 43698). (See issue 508, Sept.,

1996.) Several of the HON provisions involved in the

proposed amendments are referenced in the Group I and

Group IV polymer and resins rules, prompting USEPA

to propose the conforming amendments.

roposals Invited for Natural and Accelerated

Bioremediation Research Program Grants

On November 25, 1996 (61 Fed. Reg. 59868), the

Department of Energy (DOE), Office of Energy

Research, Office of Health and Environmental Research

solicited applications for research grants in the Natural

and Accelerated Bioremediation Research (NABIR)

Program. NABIR embraces several research elements:

acceleration; assessment; biogeochemical dynamics;

biomolecular science and engineering; biotransformation

and biodegradation; community dynamics and microbial

ecology; systems engineering, integration, prediction,

and optimization; and social implications and concerns in

bioremediation. The object of the NABIR program,

directed at determining the viability of bioremediation, is

to develop technologies for DOE site cleanup through

fundamental research. The initial focus is on metals and

radionuclides in the soils below root level. DOE seeks

grant applications in all areas. DOE raised a number of

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questions of specific interest. Up to $10 million will be

available for grants in fiscal years 1997 and 1998.

ederal Interagency Task Force to Coordinate

Issuance of CERCLA Administrative Orders

On November 25, 1996 (61 Fed. Reg. 59886), the

Council on Environmental Quality (CEQ) announced that

a federal interagency task force had formed to coordinate

implementation of Executive Order 13016 (61 Fed. Reg.

45871, Aug. 30, 1996), which amended Executive Order

12580 (52 Fed. Reg. 2923, Jan. 29, 1987). These orders

delegate the issuance of various orders under the

Comprehensive Environmental Response, Compensation

and Liability Act (CERCLA) to the various federal

administrative agencies. The agencies involved are

USEPA, the U.S. Coast Guard, the Department of the

Interior, the National Oceanic and Atmospheric Admini-

stration (for the Department of Commerce), the Depart-

ment of Agriculture, the Department of Defense, and the

Department of Energy. The task force intends to

develop a memorandum of understanding among the

agencies, towards implementation of Executive Order

13016.

rganic Material Emission Requirements for

Hazardous Waste Tanks, Containers, and Surface

Impoundments Amended

On November 25, 1996 (61 Fed. Reg. 59931),

USEPA adopted amendments to its organic material

emission requirements applicable to hazardous waste

tanks, containers, and surface impoundments (the

"Subpart CC rules"). The action amended and clarified

the rules and the preamble discussion of the rules in

response to public comments raised relating to the

Subpart CC rules. The Subpart CC rules control

emissions of organic material from certain vessels

containing hazardous waste. In adopting the rules,

USEPA further stayed the effective date of the rules until

December 6, 1996.

USEPA originally adopted the Subpart CC rules on

December 6, 1994 (59 Fed. Reg. 62896), to become

effective June 6, 1995. Confronted with criticism of the

rules, USEPA stayed the general effective date of the

rules several times, while it considered ways to respond

by amending or clarifying the rules: on May 19, 1995

(60 Fed. Reg. 26828), until December 6, 1995; on

November 13, 1995 (60 Fed. Reg. 56952), until June 6,

1996; on June 5, 1996 (61 Fed. Reg. 28508), until

October 6, 1996; and in the present action, until

December 6, 1996. None of the stays affected the

December 8, 1997 deadline for ultimate compliance. On

September 29, 1995 (60 Fed. Reg. 50426), USEPA

indefinitely stayed the effective date of the Subpart CC

regulations as they would specifically apply to organic

peroxide manufacturing processes. On February 9, 1996

(61 Fed. Reg. 4903), USEPA adopted technical amend-

ments to the 40 CFR 264, Subpart CC and 265, Subpart

CC standards. USEPA explained in both the February 9

and November 25 actions that the amendments clarified

the regulatory text of the rules, corrected typographical

and grammatical errors, and clarified segments of the

original preamble discussion.

The Board adopted the initial Subpart CC rules and

the first stay (until December, 1995) on June 1 and 16,

1995, in docket R95-4/R95-6. The Board adopted

amendments on June 20, 1996, in docket R95-20, that

will incorporate the federal stays granted on September

29 and November 13, 1995 and June 5, 1996. Due to

that prompt action, further action was not necessary in

either of the reserved dockets R96-10 or R97-5 based on

those two stays. The present amendments and stay fall

within the nominal July 1 through December 31, 1996

period of the reserved RCRA Subtitle C update docket

R97-21.

niform Procedures Proposed for National Re-

sponse Team Consideration of Historic Properties

During Emergency Response Actions

On November 27, 1996 (61 Fed. Reg. 60257), the

Advisory Council on Historic Preservation (ACHP)

announced that a proposed programmatic agreement had

been developed for use by the National Response Team

in emergency response actions. Under the National

Historic Preservation Act (NHPA), federal agencies must

consider the impact of their actions on historic proper-

ties, including those included in the National Register of

Historic Places and those eligible for inclusion. The

proposed agreement would overcome some of the

difficulties encountered in implementing the existing

regulations in emergency situations while ensuring

appropriate considerations as required under NHPA.

The ACHP, the U.S. Coast Guard, USEPA, and the

Departments of the Interior, Agriculture, Commerce,

Defense, and Energy jointly issued the notice.

inancial Assurance Requirements Adopted for

Government Owners and Operators of Landfills

On November 27, 1996 (61 Fed. Reg. 60327),

USEPA adopted a new financial assurance mechanism

for government owners and operators of municipal solid

waste landfills (MSWLFs). The new mechanism allows

government entities that own or operate a MSWLF to

provide the required financial assurance for facility

closure and post-closure care and for corrective action at

the facility while avoiding the costs of using third-party

financial instruments. To qualify for use of the financial

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test, the entity must fulfill certain requirements. The

financial requirements consider the entity's bond rating

or financial ratio, accounting practices, and an auditor's

opinion, and they would impose a limit on the entity's

operating deficit. Public notice requirements would have

the governmental entity make certain public disclosures

of closure and post-closure care and corrective action

cost estimates and to include the costs actually incurred

or expected in their annual budgets. The new test further

requires the government owner or operator to annually

determine if it still meets its requirements and to obtain

alternative financial assurance if it fails to meet them.

USEPA adopted management standards for MSWLFs

on October 9, 1991 (56 Fed. Reg. 50978) under Subtitle

D of the Resource Conservation and Recovery Act

(RCRA Subtitle D). The existing regulations require

MSWLF owners and operators to maintain financial

assurance adequate to assure the proper closure and post-

closure care of the facilities they own or operate and for

possible corrective action at the facility. Those rules

specify acceptable mechanisms to demonstrate financial

assurance and further allow authorized states to approved

additional mechanisms. USEPA delayed the effective

date of the financial assurance requirements on April 7,

1995 (60 Fed. Reg. 17649) until April 9, 1997, in order

to allow itself enough time to develop financial tests for

use by government and corporate owners and operators.

USEPA has now adopted the new financial test for

government owners and operators, and stated that it will

adopt the test for corporate owners and operators in the

spring of 1997. The April 9, 1997 effective date for

financial assurance requirements remains unchanged, but

an authorized state may waive the requirements until

April 9, 1998 if it makes certain findings.

(Note: The Board will include this action in the

RCRA Subtitle D update docket R97-20 for the period

July 1 through December 31, 1996.)

rants for Residential Lead-Based Paint Abate-

ment Research

On November 27, 1996 (61 Fed. Reg. 60499), the

Department of Housing and Urban Development (HUD)

announced the availability of $2.5 million in grant

monies for research into the evaluation and control of

hazards posed by residential lead-based paint. HUD

stated that it would be seeking to fund between five and

ten projects at $100,000 to $250,000 each. The object is

to increase the accuracy of evaluation and efficacy of

reduction of the hazards posed by residential lead-based

paint.

Earlier this year (61 Fed. Reg. 24407, May 14,

1996), HUD announced the availability of funds for state

lead abatement programs: $50 million for abatement in

eligible housing units (Category A) and $4 million for

abatement in eligible housing units on Superfund sites

(Category B). USEPA also earlier announced (61 Fed.

Reg. 21463, May 10, 1996) the availability of $12.5

million in grants funds for the development of state

accreditation and certification programs for lead-based

paint abatement professionals. (See issue 505, June,

1996.)

roposed Settlement of CAA Citizen Suit

On November 29, 1996 (61 Fed. Reg. 60702),

USEPA announced the proposed settlement of a Clean

Air Act (CAA) citizen suit. The action, Sierra Club v.

Browner, no. 93-0124 (D.D.C.) contested USEPA's

failure to adopt emissions standards for new nonroad

engines, as required under the CAA. The proposed

settlement would require USEPA to issue guidance for

states on state implementation plan (SIP) emission credits

for California tier 2 utility and lawn and garden equip-

ment engine emission regulations.

On July 3, 1995 (60 Fed. Reg. 34582), USEPA

adopted phase I emissions standards for new nonroad

spark-ignition engines at or below 25 horsepower (small

SI engines), engines used primarily in lawn and garden

equipment. The Phase 1 regulations are similar to the

California tier 1 regulations, designating product lines

into groups of engines, requiring manufacturer emissions

testing, requiring engine certification and labelling, and

prohibiting the sale of uncertified engines. USEPA

stated that the Phase 2 regulations (equivalent to

California tier 2 rules, might include useful life require-

ments, in-use emissions requirements, evaporative

emissions, refueling emissions, etc.) (See issue 496,

Aug.-Sept., 1995.

SEPA Comments Submitted on USDA Rules

On November 29, 1996 (61 Fed. Reg. 60702),

USEPA announced that it had submitted comments on

two recent U.S. Department of Agriculture (USDA)

regulations implementing the Federal Agriculture

Improvement and Reform Act of 1996. USEPA

commented on the interim final Natural Resources

Conservation Service (NRCS) "Swampbuster" regula-

tions and proposed Commodity Credit Corporation

(CCC) regulations for implementing the Environmental

Quality Incentives Program (EQIP).

USEPA commented that amendments to NRCS

Swampbuster regulations may effect implementation of

the Clean Water Act wetlands protection provisions.

USDA adopted interim final rules on September 6, 1996

(61 Fed. Reg. 47019) to implement the amendments the

1996 Act made to the Food Security Act of 1985. The

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ENVIRONMENTAL REGISTER No. 511

December, 1996

14

Food Security Act encouraged conservation by linking

farming practices in converted farmlands and highly

erodible lands to federal aid. The 1996 Act made a

number of changes in the aid program requirements,

including a number relating to the status of wetlands and

prior converted farmland and activities within them.

USEPA recommended a formal agreement among

USEPA, the NRCS, the U.S. Army Corps of Engineers,

and the U.S. Fish and Wildlife Service to clarify the

Swampbuster status of prior converted cropland when

wetland characteristics return. USEPA further suggested

revision of the environmental assessment of the rule

before USDA adopts a final rule.

USEPA made several comments on the CCC

proposed regulations for implementing the EQIP. The

CCC proposed the amendments on October 11, 1996 (61

Fed. Reg. 53573), seeking to consolidate several existing

conservation programs to provide technical, financial,

and educational assistance to farmers and ranchers facing

threats to natural resources on their lands. Under the

amendments, the CCC would designate areas having

significant soil, water, or related natural resource

concerns as priority areas, which will receive the

primary focus of the program. (See issue 510, Nov.,

1996.) USEPA commented that it supported the CCC's

proposed approach for designating priority areas,

recommended establishment of a financial incentive

program that would encourage states to develop priority

areas so that funds would be directed to the critical

environmental problems, and suggested that the CCC

reject proposals that do not meet relevant criteria.

USEPA further recommended that CCC should define a

"large confined livestock operation" and emphasize that

assistance is intended for family farming and ranching

operations. USEPA suggested that the definition should

define the operations at a specific level, allowing

exceptions based on ability to pay and potential environ-

mental benefits.

iscellaneous Federal Meetings

Meeting of: National Advisory Committee for Acute

Exposure Guideline Levels for Hazardous Substances

Date and Location: December 16 through 18, 1996,

Washington, DC

Announced purpose: Deliberation on development of

Acute Exposure Guideline Levels (AEGLs) for ammo-

nia, cyanogen chloride, nitric acid, dimethyl hydrazine,

methyl hydrazine, ethylene oxide, phosgene, chlorine,

and phosphine. (Note: A meeting in March will

consider carbon tetrachloride, aniline, toluene 2,6-

diisocyanate and toluene 2,4-diisocyanate, isopropyl

chloroformate, ethyleneimine, methyl isocyanate, and

hydrogen chloride.)

Notice citation: 61 Fed. Reg. 56541, November 1, 1996

Meeting of: National Environmental Justice Advisory

Council, including subcommittees: Enforcement, Health

and Research, International, Indigenous Peoples, Public

Participation, and Waste/Facility Siting.

Date and Location: December 10 through 12, 1996,

Baltimore, MD

Announced purpose: Discussion of Enforcement

Roundtable, reinvention initiatives.

Notice citation: 61 Fed. Reg. 56679, November 4, 1996

Meeting of: Clean Air Act Advisory Committee, Ozone,

Particulate Matter and Regional Haze Implementation

Programs Subcommittee

Date and Location: November 19 and 20, 1996, Denver,

CO

Announced purpose: Not announced.

Notice citation: 61 Fed. Reg. 56680, November 4, 1996

Meeting of: Food Safety Advisory Committee

Date and Location: November 14 and 15, 1996, Fairfax,

VA

Announced purpose: Discussion of implementation or

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

eff.

Aug. 3, 1996), which requires greater protection of

consumers, especially infants and children, under the

Federal Insecticide, Fungicide, and Rodenticide Act

(FIFRA) and the Food, Drug, and Cosmetic Act

(FFDCA); discussion of use of a 10-fold safety factor to

protect infants and children, consideration of in-utero

exposure for cancer studies, risk management and risk

assessment decisionmaking rationale, etc.

Notice citation: 61 Fed. Reg. 57414, November 6, 1996

Meeting of: Pesticide Program Dialog Committee

Date and Location: November 12 and 13, 1996,

Arlington, VA

Announced purpose: Overview of the Food Quality

Protection Act (Pub. L. 104-170, eff. Aug. 3, 1996);

discussion of the Reduced Use/Reduced Risk Program

under the Government Performance and Results Act and

product labelling.

Notice citation: 61 Fed. Reg. 57414, November 6, 1996

Meeting of: Reinvention Criteria Committee, National

Advisory Council for Environmental Policy and Tech-

nology

Date and Location: December 11 and 12, 1996,

Washington, DC

Announced purpose: To provide USEPA with perspe

c-

tives of interested persons on criteria for measuring

progress and success in reinvention efforts and identify

criteria for self-certification.

Notice citation: 61 Fed. Reg. 58188, November 13,

1996

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December, 1996

ENVIRONMENTAL REGISTER No. 511

15

Meeting of: USEPA; U.S. Department of Agriculture,

Food Safety and Inspection Service; U.S. Department of

Health and Human Services, Food and Drug Administr

a-

tion

Date and Location: November 18, 1996, Washington,

DC

Announced purpose: Discussion of agenda items for the

twelfth session of the General Principles Committee of

the Codex Alimentarius Commission to be held Novem-

ber 25 through 28, 1996 in Paris, France. (Note: The

United Nations Food and Agriculture and World Health

Organizations established the Codex in 1962. It

encourages fair trade in food and protection of the health

and economic interests of consumers. The Codex adopts

food standards, codes of practice, and other guidelines

and promotes their adoption and implementation by

governments. The Codex seeks to ensure that the

world's food supply is sound, wholesome, free from

adulteration, and informatively labeled. USDA, FDA,

and EPA manage and carry out the U.S. Codex.)

Notice citation: 61 Fed. Reg. 58369, November 14,

1996

Meeting of: Common Sense Initiative Council, Petro-

leum Refining Sector Subcommittee

Date and Location: December 4, 1996, Seattle, WA

Announced purpose: Discussion of two-year assessment

of the subcommittee and future plans.

Notice citation: 61 Fed. Reg. 58406, November 14,

1996

Meeting of: Common Sense Initiative Council, Petro-

leum Refining Sector Subcommittee, Equipment Leaks

and One-Stop/Public Access Workgroups

Date and Location: December 3, 1996, Seattle, WA

Announced purpose: Discussion of current work.

Notice citation: 61 Fed. Reg. 58406, November 14,

1996

Meeting of: Common Sense Initiative Council, Printing

Sector Subcommittee

Date and Location: December 4, 1996, St. Louis, MO

Announced purpose: Discussion of progress of project

teams; hear report on technical assistance and community

involvement and on major sources, public participation,

and thresholds for proposed permit.

Notice citation: 61 Fed. Reg. 58406, November 14,

1996

Meeting of: Common Sense Initiative Council, Iron and

Steel Sector Subcommittee

Date and Location: December 5, 1996, Alexandria, VA

Announced purpose: Discuss progress on current

projects (brownfields, consolidated multi-media report-

ing, alternative compliance strategy, the iron and steel

web site, barriers to innovative technology, spent pickle

liquor, multi-media permitting, permit issues, community

involvement, etc.) and development of effluent guid

e-

lines.

Notice citation: 61 Fed. Reg. 58406, November 14,

1996

Meeting of: Common Sense Initiative Council, Metal

Finishing Sector Subcommittee

Date and Location: December 9 through 11, 1996,

Tempe, AZ

Announced purpose: Discussion of strategic goals,

RIITE reporting, and research and technology projects.

Notice citation: 61 Fed. Reg. 58406, November 14,

1996

Meeting of: Common Sense Initiative Council, Automo-

bile Manufacturing Sector Subcommittee

Date and Location: December 12, 1996, Washington,

DC

Announced purpose: Review and discussion of

work-

plans and reports from the Life Cycle Management

Supplier Partnership Team and Alternative Strategies

Regulatory Systems and Community Team.

Notice citation: 61 Fed. Reg. 58406, November 14,

1996

Meeting of: Office of Ground Water and Drinking

Water

Date and Location: November 21 and 22, 1996,

Washington, DC

Announced purpose: Discussion of options for regul

a-

tory policy alternatives and issues relating to develop-

ment of an interim enhanced surface water treatment rule

and a stage I disinfectants/disinfection byproducts rule.

Notice citation: 61 Fed. Reg. 58408, November 14,

1996

Meeting of: Science Advisory Board, Integrated Human

Exposure Committee

Date and Location: December 19 and 20, 1996,

Washington, DC

Announced purpose: Discussion and review of the

Office of Research and Development draft Exposure

Factors Handbook, intended to update a 1990 version of

the book.

Notice citation: 61 Fed. Reg. 58683, November 18,

1996

Meeting of: Industrial Combustion Coordinated

Rulemaking (ICCR) Advisory Coordinating Committee

Date and Location: January 8 and 9, 1997, Alexandria,

VA

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ENVIRONMENTAL REGISTER No. 511

December, 1996

16

Announced purpose: Discussion of ICCR document,

hear workgroup progress and plans. (Note: This notice

listed the membership of the Committee and composition

of its subcommittees. A number of members were from

Illinois: Tom Bach, Manager, Environmental Permit-

ting, Natural Gas Pipeline Company of America; Mark

Calmes, Director Environmental Engineering Services,

Archer Daniels Midland Company; John Fanning,

Deputy Commissioner, City of Chicago Department of

General Services; Stephen Gerritson, Executive Direc-

tor, Lake Michigan Air Directors Consortium (LADCO);

Jim Greer, Natural Gas Pipeline Company of America;

Glenn F. Keller, Executive Director, Engine Manufac-

turers Association; Jed R. Mandel, General Counsel,

Engine Manufacturers Association; William C. Passie,

Engine Emissions Manager, Caterpillar, Inc.; and Jorge

Torres, Chief Engineer, Compressors, Natural Gas

Pipeline of America.)

Notice citation: 61 Fed. Reg. 59211, November 21,

1996

Meeting of: Office of Pollution Prevention and Toxics

Date and Location: December 10, 1996, Chicago, IL

and December 12, 1996, Washington, DC

Announced purpose: Provide opportunity for public

input to the initiative. (Note: USEPA outlined the

Facility Identification Initiative on October 7, 1996 (61

Fed. Reg. 52588), whose intent is to establish a uniform

set of facility identification data and infrastructure in

order to facilitate access to information. See issue 510,

Nov., 1996.)

Notice citation: 61 Fed. Reg. 59229, November 21,

1996

Meeting of: Clean Air Act Advisory Committee,

Accident Prevention Subcommittee

Date and Location: December 11, 1996 (teleconference)

Announced purpose: Discussion, inter alia, of electronic

submission of risk management plans for hazardous air

pollutants.

Notice citation: 61 Fed. Reg. 59229, November 21,

1996

Meeting of: National Advisory Council for Environ-

mental Policy and Technology, Community-Based

Environmental Protection Committee

Date and Location: December 17 and 18, 1996,

Washington, DC

Announced purpose: Discussion of recommendations the

Committee intends to submit to USEPA.

Notice citation: 61 Fed. Reg. 59437, November 22,

1996

Meeting of: Science Advisory Board, Ecological Risk

Subcommittee

Date and Location: December 10 through 12, 1996,

New Orleans, LA

Announced purpose: Discuss ranking ecological risks

for the Integrated Risk Project and discuss integration of

methodologies for ranking human health and ecological

risks.

Notice citation: 61 Fed. Reg. 59437, November 22,

1996

Meeting of: Urban Wet Weather Flows Advisory

Committee

Date and Location: January 9 and 10, Alexandria, VA

and April 28 and 29, 1997, Arlington, VA

Announced purpose: Discussion of monitoring, wate

r-

shed framework, stormwater effluent limitations, no

exposure, physical impacts, and water quality issues

relating to wet weather flows.

Notice citation: 61 Fed. Reg. 59885, November 25,

1996

Meeting of: Urban Wet Weather Flows Advisory

Committee, Storm Water Phase II Advisory Subcommit-

tee

Date and Location: December 11 through 13, 1996,

Alexandria, VA and February 20 and 21, 1997, Arlin

g-

ton, VA

Announced purpose: Discussion of framework for Phase

II implementation.

Notice citation: 61 Fed. Reg. 59885, November 25,

1996

Meeting of: Urban Wet Weather Flows Advisory

Committee, Sanitary Sewer Overflow (SSO) Advisory

Subcommittee

Date and Location: December 16 and 17, 1996,

Arlington, VA

Announced purpose: Discussion of key issues and the

overall SSO strategy.

Notice citation: 61 Fed. Reg. 59885, November 25,

1996

Meeting of: Forum on State and Tribal Toxics Action

(FOSTTA)

Date and Location: December 9, 1996, Alexandria, VA

Announced purpose: Discussion of the Toxics Release

Inventory (TRI), State and Tribal Enhancement,

Chemical Management, and Lead Projects. (Note:

FOSTTA is designed to foster the exchange of enforce-

ment-related information among the states and USEPA

Office of Prevention, Pesticides and Toxic Substances

(OPPTS) and Office of Enforcement and Compliance

Assurance (OECA).)

Notice citation: 61 Fed. Reg. 60098, November 26,

1996

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December, 1996

ENVIRONMENTAL REGISTER No. 511

17

Meeting of: State FIFRA Issues Research and Evalua-

tion Group

Date and Location: December 2 and 3, 1996, Arlington,

VA

Announced purpose: Receipt of reports on current

projects and discussion of implementing the Food Quality

Protection Act.

Notice citation: 61 Fed. Reg. 60099, November 26,

1996

Meeting of: Endocrine Disruptors Screening and Testing

Advisory Committee

Date and Location: December 12 and 12, 1996, South

San Francisco, CA

Announced purpose: Discussion of Committee goals and

objectives and the scope of its activities, including

whether consideration of other than estrogenic effects,

human health and ecologic effects, and single compound

or multiple compound effects is mandated by the Safe

Drinking Water Act Amendments of 1996 and methods

for testing and screening compounds for effects.

Notice citation: 61 Fed. Reg. 60280, November 27,

1996

Meeting of: U.S. Department of Transportation,

Research and Special Programs Administration, Office of

Pipeline Safety

Date and Location: January 29, 1997, New Orleans, LA

Announced purpose: Gathering public input on impro

v-

ing existing regulations on response plans for onshore oil

pipelines.

Notice citation: 61 Fed. Reg. 60674, November 29,

1996

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ENVIRONMENTAL REGISTER No. 511

December, 1996

18

F

F

inal Decisions 11/7/96

inal Decisions 11/7/96

92-105

Weyerhaeuser Company v. EPA - The Board

granted voluntary dismissal of this underground storage

tank fund reimbursement determination appeal involving a

Cook County facility.

94-260

People of the State of Illinois v. Components

Corporation of America, a New York corporation

- The

Board accepted a stipulation and settlement agreement in

this RCRA enforcement action against a Crawford County

facility, ordered the respondent to pay a civil penalty of

$23,000.00, and ordered it to cease and desist from further

violations.

96-123

Incobrasa Industries, Inc. v. EPA - The Board

granted voluntary dismissal of this land permit appeal with

prejudice involving a Iroquois County facility.

96-175

Caterpillar, Inc. v. EPA - The Board granted

voluntary withdrawal of this land permit appeal involving

a Peoria County facility. Board Member Kathleen K.

Hennessey abstained.

96-191

White Cap, Inc. v. EPA - The Board granted this

Cook County facility a variance from certain capture

efficiency test requirements of the air pollution control

regulations applicable to volatile organic material

emissions in the Chicago metropolitan area, subject to

conditions.

Board Member Marili McFawn concurred.

Board

Member Kathleen K. Hennessey abstained.

96-254

Marathon Oil Company v. EPA - The Board

granted this Crawford County facility a variance from

certain particulate matter emissions and opacity

requirements of the air pollution control regulations

applicable to petroleum refinery fluidized bed catalytic

cracking units.

Board Member Marili McFawn dissented.

Board Member Kathleen K. Hennessey abstained.

96-266

J. Clarke Baker & Co. and Real Estate Fund, Inc.

v. EPA - The Board granted voluntary dismissal of this

citizens land enforcement action against a Cook County

facility.

97-63

People of the State of Illinois v. Russell Cook,

d/b/a Cook’s Hauling and Contracting

- The Board

accepted a stipulation and settlement agreement in this air

enforcement action against a Shelby County facility,

ordered the respondent to pay a civil penalty of $2,000.00,

and ordered him to cease and desist from further

violations.

AC 95-26

EPA v. Orville Bartels - The Board accepted a

stipulation and settlement agreement, ordering the Jersey

County respondent to pay a civil penalty of $500.00.

AC 97-2

EPA v. Joseph C. Smith and Laverne A. Smith

-

The Board entered a default order, finding that these

Jersey County respondents had violated Section 21(p)(1)

of the Act and ordering them to pay a civil penalty of

$500.00. Consolidated with AC 97-4.

AC 97-4

EPA v. Joseph C. Smith and Laverne A. Smith

-

The Board entered a default order, finding that these

Jersey County respondents had violated Sections 21(p)(1)

and 21(p)(5) of the Act and ordering them to pay a civil

penalty of $1,000.00. Consolidated with AC 97-2.

AC 97-6

County of Will v. First National Bank of

Lockport Trust #72-22960 - The Board entered a default

order, finding that this Will County respondent had

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

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

AC 97-12

County of Will v. Bob Linkowski - The Board

entered a default order, finding that this Will County

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

the Act and ordering him to pay a civil penalty of

$1,000.00.

AC 97-16

County of Will v. David Stokes - The Board

entered a default order, finding that this Will County

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

the Act and ordering him to pay a civil penalty of

$1,000.00.

AC 97-18

EPA v. Alice M. Hoffer and Margaret A.

Gunther - The Board entered a default order, finding that

these Tazewell County respondents had violated Section

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

penalty of $500.00.

AC 97-19

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

- The Board granted voluntary withdrawal of this

administrative citation against a Massac County

respondent.

AC 97-20

EPA v. William Decker - The Board entered a

default order, finding that this Livingston County

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

the Act and ordering him to pay a civil penalty of

$1,000.00.

AC 97-23

EPA v. Village of Markham - The Board

entered a default order, finding that this Will County

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

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

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December, 1996

ENVIRONMENTAL REGISTER No. 511

19

AC 97-27

EPA v. Willie Lightfoot - The Board granted

the agency’s motion to voluntarily withdraw this

administrative citation against a Perry County respondent.

AS 94-10

In the Matter of: Petition of

Envirite Corporation for an

for an Adjusted Standard from 35 Ill. Adm. Code Part 721 Subpart

D: list of Hazardous Substances, Appendix I

- The Board amended

its order of February 15, 1996, in which the Board granted an

adjusted standard from certain RCRA Subtitle C hazardous wastes

listings, in order to accommodate a change in facility ownership.

Board Members Marili McFawn and Joseph Yi concurred.

F

F

inal Decisions 11/21/96

inal Decisions 11/21/96

90-165

Riverside Laboratories, Inc. v. EPA - The Board

granted voluntary dismissal of this air permit appeal

involving a Kane County facility.

95-158

People of the State of Illinois v. City of

Herrin -

The Board accepted a stipulation and settlement agre

e-

ment in this land enforcement action against a Williamson

County facility, ordered respondent to pay a civil penalty

of $13,000.00, $2000.00 in Attorney General's fees and

costs, and ordered it to cease and desist from further

violation.

96-185

Douglas and Barbara Oltman v. Kelly Cowan -

The Board dismissed this citizens noise enforcement

action against a Rock Island County facility, finding that

there was no unreasonable interference based on

consideration of the factors of Section 33(c) of the Act.

96-244

People of the State of Illinois v. Langos

Corporation - The Board accepted a stipulation and

settlement agreement in this air enforcement action

against a Cook County facility, ordered the respondent to

pay a civil penalty of $25,000.00, and ordered it to cease

and desist from further violation.

96-254

Marathon Oil Company v. EPA - The Board

vacated its order of November 7, 1996 and granted this

Crawford County facility a variance from certain

particulate matter emissions and opacity requirements of

the air pollution control regulations applicable to

fluidized

bed catalytic converter catalyst regenerators and other

sources, subject to conditions.

Board Members Marili

McFawn and

Kathleen M. Hennessey abstained.

97-51

City of West Chicago v. EPA - The Board granted

this DuPage County facility a variance from the standards

of issuance and restricted status provisions of the public

water supply regulations, subject to conditions, as they

relate to the radium content of the petitioner’s drinking

water.

97-90

Taracorp Industries, Inc. v. EPA - Upon receipt of

an Agency recommendation, the Board granted a 30-day

provisional variance from the 90-day limitation on the

accumulation of hazardous waste at this Madison County

facility.

AC 97-21

EPA v. John Sexton Sand and Gravel

Corporation - The Board accepted a stipulation and

settlement agreement in this administrative citation action

against a Cook County facility, ordered the respondent to

pay a civil penalty of $500.00, and ordered it to cease and

desist from further violation.

AC 97-26

  

EPA v. Browning-Ferris Industries of Iowa,

Inc. - The Board entered a default order, finding that this

Rock Island County respondent had violated Section

21(o)(11) of the Act and ordering it to pay a civil penalty

of $500.00.

AC 97-28

County of Vermilion v. Illinois Landfills, Inc.

-

The Board entered a default order, finding that this

Vermilion County respondent had violated Section

21(o)(5) of the Act and ordering it to pay a civil penalty of

$500.00.

AC 97-29

County of Will v. Harry Horman - The Board

entered a default order, finding that this Will County

respondent had violated Sections 21(p)(1) and 21(o)(4) of

the Act and ordering him to pay a civil penalty of

$1,000.00.

N

N

ew Cases 11/7/96

ew Cases 11/7/96

97-47

Daubs Landfill v. EPA. - The Board accepted this

land permit appeal involving a Wayne County facility for

hearing.

97-67

  

Mid-American Waste Systems of Illinois, Inc. v.

EPA

- The Board accepted this request for an extension of time to

file a land permit appeal on behalf of a Cook County facility.

97-76

  

Regent Investment Corporation v. EPA

- The Board

accepted this request for an extension of time to file an

underground storage tank appeal on behalf of a Cook County

facility.

97-77

Village of Lake Zurich v. EPA

- The Board held this

petition filed on behalf of a Lake County facility for a variance

from the restricted status and standards of issuance requirements of

the public water supply regulations, as they apply to the radium

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

97-78

DeKalb Sanitary District v. EPA

- The Board held this

petition filed on behalf of a DeKalb County facility for a variance

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ENVIRONMENTAL REGISTER No. 511

December, 1996

20

from the biochemical oxygen demand and total suspended solids

effluent requirements of the water pollution control regulations for

the Agency recommendation.

97-79

Jane Graham and Kathy

Creech v. City of Paris, et al.

- The

Board held this citizen's air enforcement action against a

Edgar

County facility for a frivolous and duplicitous

determination

.

97-80

People of the State of Illinois v. Allied

Techsystems, Inc. - The Board received this RCRA

Subtitle C enforcement action against a Will County

facility for hearing.

97-81

Quantum Chemical Corporation v. EPA.

- The

accepted this air permit appeal involving a Douglas

County facility for hearing.

97-82

  

General Motors Corporation v. EPA

- The Board

accepted this request for an extension of time to file an

underground storage tank appeal on behalf of a DuPage County

facility.

97-83

  

Laidlaw Waste Systems, Inc. v. EPA

- The Board

accepted this request an extension of time to file a land permit

appeal on behalf of a St. Clair County facility.

97-84

George Casnave v. Standard Oil Company, Inc., and Ray L.

Pearson - The

Board held this citizen's underground storage

tank enforcement action against a

Cook

County facility for

a frivolous and duplicitous determination

.

AC 97-31

County of Vermilion v. Emery Johnson

- The

Board received an administrative citation against a

Vermilion County respondent.

AC 97-32

County of Will v. Vito Caprio - The Board

received an administrative citation against a Will County

respondent.

AC 97-33

County of Macon v. David Scott - The Board

received an administrative citation against a Will County

respondent.

AC 97-34

EPA v. Fountain Valley Mobile Home Park

and Fred Rosenberger - The Board received an adminis-

trative citation against Champaign County respo

ndents.

AC 97-35

County of Will v. Ferninand J. Ambrosini -

The Board received an administrative citation against a

Will County respondent.

AC 97-36

County of LaSalle v. Four Star Marina, Inc.

-

The Board received an administrative citation against a

LaSalle County respondent.

AS 97-4

In the Matter of: Petition of the Ensign-

Bickford Company for an Adjusted Standard from 35 Ill.

Adm. Code 703.183 - The Board accepted this petition for

an adjusted standard for a Union County facility from

certain RCRA Subtitle C hazardous waste treatment

storage and disposal facility Part B permit requirements of

the land pollution control (hazardous waste) regul

ations.

AS 97-5

In the Matter of: Petition of the Louis Berkman

Company, d/b/a the Swenson Spreader Company, for an

Adjusted Standard from 35 Ill. Adm. Code 215, Subpart F

- The Board ordered the filing of an amended petition on

behalf of this Ogle County facility for an adjusted

standard from certain volatile organic material emissions

requirements of the air pollution control regulations

applicable to coating operations.

N

N

ew Cases 11/21/96

ew Cases 11/21/96

97-85

People of the State of Illinois v. East Riverdale

Gravel Company -

Upon receipt of a proposed stipulation and

settlement agreement and an agreed motion to request relief from

the hearing requirement in this mine enforcement action against a

McHenry County facility, the Board ordered publication of the

required newspaper notice.

97-86

 

IMC AgriBusiness (formerly New

Baden/Vigoro

Industries) v. EPA

- The Board accepted this request for an

extension of time to file a underground storage tank appeal on

behalf of this Clinton County facility.

97-87

  

Commonwealth Edison Company v. EPA

-

The

accepted this NPDES permit appeal involving a Will

County facility for hearing.

97-88

  

Laidlaw Waste Systems, Inc. v. EPA

- The Board

accepted this request for an extension of time to file a land permit

appeal on behalf of a Coles County facility.

97-89

People of the State of Illinois v. API Industries,

Inc.- The Board received this air enforcement action

against a Cook County facility for hearing.

97-90

  

Taracorp Industries, Inc. v. EPA

-

See Final

Actions.

AC 97-37

County of Vermilion v. Randall Richter - The

Board received an administrative citation against a

Vermilion County respondent.

AC 97-38

EPA v. Peter Gomez and Teri Wakeland - The

Board received an administrative citation against Mercer

County respondents.

---

ENVIRONMENTAL REGISTER No. 511

21

AC 97-39

EPA v. Gale Wilhelms and Linda Wilhelms -

The Board received an administrative citation against

Stephenson County respondents.

AC 97-40

County of Will v. Arthur Burchett - The Board

received an administrative citation against a Will County

respondent.

AC 97-41

County of Will v. Utilities Unlimited, Inc. and

Charles Petrekis Sr., d/b/a Utilities Unlimited, Inc.

- The

Board received an administrative citation against Will

County respondents

AC 97-42

EPA v. Sharon Tondina - The Board received

an administrative citation against an Iroquois County

respondent.

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

3-Jan-97

11:00 A.M.

PCB 96-069

N-E, Citizens

Thomas Corning and Kimberly Corning v. Thurela's, Pam and Arthur Hegji as

owners--Lake Zurich Village Hall, Village Council Chambers

, Lower Level, 70

East Main Street, Lake Zurich, Illinois

14-Jan-97

09:00 A.M.

R97-015

R, Land

In the Matter of: Livestock Waste Regulations, 35 Ill. Adm. Code 506

--Black

Hawk Village, 1111 East Morton, Jacksonville, Illinois

15-Jan-97

10:00 A.M.

R97-012

R, Land

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

Code 742--201 Municipal West, Council Chambers, Third Floor

, 7th and Monroe

Street, Springfield, Illinois

16-Jan-97

09:00 A.M.

R97-015

R, Land

In the Matter of: Livestock Waste Regulations, 35 Ill. Adm. Code 506

--

Champaign Brookens Administrative Center

, 1776 Washington, Meeting Room 1,

Urbana, Illinois

21-Jan-97

10:00 A.M.

R97-013

R, Air

In the Matter of: Emissions Reduction Market System Adoption of 35 Ill. Adm.

Code 205 and Amendments to 35 Ill. Adm. Code 106

--James R. Thompson

Center, Room 9-040, 100 West Randolph Street, Chicago, Illinois

22-Jan-97

09:30 A.M.

PCB 95-122

UST-E, Citizens

Olive Streit and Lisa Streit v. Oberweis Dairy, Inc., Richard J. Fetzer and Johnnie

W. Ward, d/b/a Serve-N-Save, and Richard J. Fetzer, individually, Amoco Oil

Company, Mobil Oil Corporation--Kane County Courthouse, 100 South Third

Street, Geneva, Illinois

23-Jan-97

11:30 A.M.

PCB 96-194

A-V

The D.B. Hess Company, Inc. v. IEPA--McHenry County Courthouse/

Government Center, Room C290, 2200 Seminary Street, Woodstock, Illinois

27-Jan-97

09:00 A.M.

R97-015

R, Land

In the Matter of: Livestock Waste Regulations, 35 Ill. Adm. Code 506

--University

Inn of DeKalb, 1212 West Lincoln Highway, DeKalb, Illinois

28-Jan-97

10:00 A.M.

AS 97-002

Land, RCRA

In the Matter of: Petition of Chemetco, Inc. for an Adjusted Standard from 35 Ill.

Adm. Code 720.131 (a) and ( c )--State Regional Office Building, IDOT Class

Room, 1100 East Port Plaza Drive, Collinsville, Illinois

29-Jan-97

09:00 A.M.

R97-015

R, Land

In the Matter of: Livestock Waste Regulations, 35 Ill. Adm. Code 506

--Regency

Hotel, 3282 North Henderson, Galesburg, Illinois

31-Jan-97

09:00 A.M.

R97-015

R, Land

In the Matter of: Livestock Waste Regulations, 35 Ill. Adm. Code 506

--Ramada

Inn, 405 South 44th Street, Mt. Vernon, Illinois

31-Jan-97

10:00 A.M.

AC 97-013

AC

County of DuPage v. Saleem M. Choudhry

--DuPage County Judicial Center,

Courtroom 2003, 505 North County Farm Road, Wheaton, Illinois

---

ENVIRONMENTAL REGISTER No. 511

December, 1996

22

3-Feb-97

10:00 A.M.

R97-013

R, Air

In the Matter of: Emissions Reduction Market System Adoption of 35 Ill. Adm.

Code 205 and Amendments to 35 Ill. Adm. Code 106

--James R. Thompson

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