No. 512

 

t

 

A Publication of the Illinois Pollution Control Board

  

t

 

January/February, 1997

S

S

taff Update

taff Update

andy Wiley Celebrates 25

Years on Board Staff

On January 23, 1997, the

Illinois Pollution Control Board

members and staff were joined

by their past counterparts in

congratulating Sandy Wiley on

reaching 25 years of service to

the Board.

Over the last twenty-five

years, Sandy has served as Fiscal

Officer, Personnel Officer, Rules

Coordinator, Advisor to the Chairman, Administrative Manager, and, in her

current role, as Executive Coordinator. Sandy is currently responsible for

assisting Chairman Manning in development and implementation of the

Board’s external policy and performance goals, coordinating the Board’s

rulemaking function, and managing special project assignments. Her careful

diligence in her job, and her constant patience and understanding for all those

who have served on or worked with the Board have endeared her to all, and

led to the Board adopting a resolution in her honor at their January 23, 1997

meeting.

The Board and staff hope that

you will join them in thanking Ms.

Wiley for her 25 years of

outstanding service.

(Cont’d on p.

2)

R

R

ulemaking Update

ulemaking Update

riennial Water Quality

Proposed For Second Notice,

R94-1(B)

On December 19, 1996, the

Board adopted amendments to the

Illinois water quality regulations

on ammonia nitrogen. 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

(Cont’d on p.2)

E

NVIRONMENTAL

R

EGISTER

S

S

For Your Information

The Illinois Environmental Protec-

tion Agency will be holding a public

hearing on their proposed rules for the

Alternative Fuels Program on Monday,

March 10, 1997 at 10:30 a.m. (file #2-

97). The hearing will be held in Room

8-031, James R. Thompson Center, 100

W. Randolph Street, Chicago, Illinois.

To receive more information on the

proposed rules, contact Rachel Doctors

at (217) 784-3333. For information on

hearing procedures contact IEPA

hearing officer John Williams at (217)

782-5544.

Inside This Issue:

t

Significant Federal Actions

p7

t

Final Decisions

p14

t

New Cases

p17

t

Calendar of Hearings

p20

t

IEPA Restricted Status Lists

p21

T

T

Chairman Claire Manning, Sandy Wiley, and former

Chairman Jacob Dumelle celebrating Ms. Wiley’s 25

th

       

year with the Board

---

ENVIRONMENTAL REGISTER No. 512 January/February,

1997

2

S

S

taff U

taff Up

pdate

date

oard Welcomes Three New Employees

The Board welcomes three new employees to staff:

Amy C. Muran, Richard R. McGill, Jr., and Ira B.

Lauter.

Amy Muran will be working in Chicago with the

Board’s Legal Unit. She earned her Juris Doctorate

from Chicago-Kent College of Law and her Bachelor of

Arts in Russian Language & Literature and Political

Science from the University of Michigan. Ms. Muran

also studied abroad at the Herzen Pedagogical Institute

in St. Petersburg, Russia.

Since January of 1995, Ms. Muran served as an

attorney with Landau Omahana & Kopka. She has also

served as an environmental legal consultant for

Cichocki & Armstrong, Ltd., and as an extern with the

United States Environmental Protection Agency.

Richard R. McGill, Jr. will be serving the Board as

attorney assistant to Board member Kathleen Hen-

nessey. Mr. McGill, also working in the Board’s

Chicago office, earned his Juris Doctorate from the

University of Michigan Law School where he graduated

cum laude in 1989, and his Bachelor of Arts, with

distinction, from the University of Michigan in 1986.

Mr. McGill has worked as an environmental

associate with the firm of Dickinson, Wright, Moon,

Van Dusen & Freeman in both their Chicago and

Detroit offices, for over five years.

Ira B. Lauter is also working out of the Board’s

Chicago office as an intern with the Board’s legal staff.

Mr. Lauter is currently pursuing a Juris Doctorate at the

John Marshall Law School and expects to complete his

studies in January of 1999. He earned a Bachelor of

Arts in Political Science from Barat College where he

was awarded Departmental honors in Political Science,

and was on the Dean’s List.

Mr. Lauter has previously served as a project

assistant in the corporate securities group of Sidley &

Austin and as a clerk for Leonard M. Ring & Associ-

ates.

The Board and staff hope that you will join them in

welcoming Ms. Muran, Mr. McGill, and Mr. Lauter.

t

R

R

ulemaking Update

ulemaking Update

(Cont’d from p.1)

subdocket R94-1(B) relates to ammonia nitrogen. The

segment of the proceeding adopted on May 16, 1996,

designated subdocket R94-1(A), relates to mercury and

lead.

The Agency filed the proposal, docketed by the

Board as R94-1, on February 24, 1994, and the Board

accepted it on March 17, 1994. The Board decided to

proceed on the proposal as a Section 28.2 federally

required rule on May 5, 1994. The 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. 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 Board proposed the amendments for

Second Notice review by the Joint Committee on

Administrative Rules (JCAR) on November 21, 1996.

The Second Notice period began on November 25,

1996, when JCAR accepted the Second Notice package

from the Board, and it ended on December 17, 1996

when JCAR voted "No Objection" to the proposed

amendments. This leaves the Board free to adopt the

amendments. (See issues 507, Aug., 1996 & 511,

Dec., 1996)

B

B

---

January/February, 1997

ENVIRONMENTAL REGISTER No. 512

3

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).

t

mendments to the Steel and Foundry Industry

Waste Regulations Adopted, R96-3

On January 9, 1997, the Board adopted amendments

to the steel and foundry industry waste landfill

regulations. The amendments, docketed as R96-3, were

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.) The

former steel and foundry industry waste landfill

regulations prohibited construction of new landfill units

within a regulated recharge area or within 1200 feet of

Class I or Class III groundwater. The Association

requested that 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. A

Notice of Proposed Amendments appeared in the

August 30, 1996 issue of the Illinois Register, at 20 Ill.

Reg. 11544 (Part 817). The Board proposed the

amendments for Second Notice review by the Joint

Committee on Administrative Rules (JCAR) on

November 7, 1996. The Second Notice period began

on November 13, 1996, when JCAR accepted the

Second Notice package from the Board, and ended on

December 17, 1996, when JCAR voted "No Objection"

to the proposed amendments. (See issues 508, Sept.,

1996 & 511, Dec., 1997.)

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.

t

nderground Storage Tank Amendments Proposed

for Second Notice, R97-10

On January 9, 1997, the Board proposed

amendments to the underground storage tank (UST)

regulations under docket number R97-10, for Second

Notice review by the Joint Committee on

Administrative Rules (JCAR). The purpose of the

amendments is to make the Illinois rules more consistent

with the federal Resource Conservation and Recovery

Act (RCRA) Subtitle I requirements, to clarify issues

that have arisen in implementation of the Illinois

program, and to resolve issues remaining from the prior

set of UST amendments. Predecessor docket R94-2(B)

left open issues relating to site classification and

risk-based cleanup objectives. P.A. 89-457 requires the

Board to complete this rulemaking on or before March

15, 1997. (See issues 509, Oct., 1996; 490, Jan., 1995;

486, Sept., 1994 & 487, Oct., 1994.) On October 3,

the Board dismissed R94-2(B).

The Illinois Environmental Protection Agency

(Agency) filed the rulemaking proposal with the Board

on September 16, 1996, pursuant to P.A. 89-457

(effective May 22, 1996), to amend the UST rules. On

October 3, 1996, the Board proposed the amendments

for First Notice publication in the Illinois Register.

(See issue 510, Oct., 1996.) A Notice of Proposed

Amendments appeared in the October 25, 1996 issue of

the Illinois Register, at 20 Ill. Reg. 13806, starting the

statutory 45-day public comment period on the proposed

amendments. The Second Notice period began on

January 13, 1997, when JCAR accepted the Second

Notice package from the Board. It will end after 45

days, on February 27, 1997, or when JCAR votes "No

Objection" to the proposed amendments, whichever

comes first. This will leave the Board free to adopt the

amendments.

Direct questions to Marie E. Tipsord, at

312-814-4925 or 618-498-9803 (Internet address:

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

Board orders from Victoria Agyeman, at 312-814-3620

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

Please refer to docket R97-10.

t

ivestock Waste Regulations Proposed for First

Notice, R97-15

On December 5, 1996, the Board proposed new

livestock waste regulations for First Notice publication

in the

Illinois Register

. The new rules would replace

emergency rules adopted by the Board on October 29,

1996, under docket number R97-14. The rules would

include standards for livestock waste lagoon and holding

pond construction and management, management and

agricultural application of waste, certification of

livestock managers, and permitting of facilities in

Illinois.

The Livestock Waste Management Act, P.A. 89-

456, was effective May 21, 1996. That legislation

established the Livestock Management Facilities

Advisory Committee, composed of the Directors of the

A

A

U

U

L

L

---

ENVIRONMENTAL REGISTER No. 512 January/February,

1997

4

Illinois Department of Agriculture (IDA), Department

of Natural Resources, Department of Public Health, and

the Environmental Protection Agency. The advisory

committee would make recommendations to the IDA for

development of standards for livestock management

facilities. The IDA filed a rulemaking proposal on

October 15, 1996, requesting that the Board adopt

emergency rules governing livestock waste. Upon

finding that "a situation exists that constitutes a threat to

the public interest, safety or welfare", the Board

adopted emergency rules based on the proposal on

October 29, 1996, which became effective October 31,

1996 and which will expire on March 30, 1997. The

IDA filed a proposal for permanent rules to replace the

emergency rules on November 21, 1996, which the

Board docketed as R97-15.

The emergency livestock management facilities

regulations are codified in a new Part in Subtitle E of

the Illinois environmental regulations, along with the

existing agricultural rules. The existing rules derived in

significant part from the federal National Pollution

Discharge Elimination System (NPDES) regulations

under the Clean Water Act (CWA). The scope of the

new rules is broader than the scope of the existing

NPDES-based regulations. The current proposal for

permanent rules is substantially the same as the

emergency rules. The Board conducted four public

hearings on the proposed rules throughout the state in

January: January 14, in Jacksonville, January 27, in

DeKalb, January 29, in Galesburg, and January 31, in

Mt. Vernon. The Board rescheduled a hearing in

Champaign until February 7, 1997 due to hazardous

weather on the originally-scheduled date.

Direct questions to Audrey Lozuk-Lawless, at 312-

814-6923 or 815-753-0948 (Internet address:

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

Board orders from Victoria Agyeman, at 312-814-3620

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

Please refer to docket R97-15.

t

OP Proposal Accepted, Proposed for First

Notice, R97-24

On January 23, 1997, the Board accepted a new

rulemaking under the federal Clean Air Act (CAA) and

"fast-track" provisions of the Illinois Environmental

Protection Act (Act). The amendments are proposed for

First Notice publication in the

Illinois Register

without

substantive review. The Illinois Environmental

Protection Agency (Agency) filed the proposal with the

Board on January 16, 1997. The proposal would

achieve reductions in VOM emissions by imposing more

stringent limitations and controls on the solvents used

for cold-cleaning degreasing. The proposal would

amend the volatile organic material (VOM) emissions

control requirements of the air pollution control

regulations to institute a federally-required nine percent

rate of progress (9% ROP) in the metropolitan Chicago

and East St. Louis areas.

Section 182(b) of the CAA required states having

ozone nonattainment areas rated as severe or moderate

to comply with a 15 percent ROP requirement by 1996.

The Board completed the 15% ROP requirement in nine

dockets, seven primary dockets adopted between

September 15, 1994 and May 4, 1995 and two "clean-

up" dockets on February 1 and October 17, 1996.

(See

issues 495, June-July, 1995; 502, Feb., 1996 & 510,

Nov., 1996.)

Section 182(c) of the CAA further

requires states to annually reduce VOM emissions by

three percent in severe nonattainment areas, such as the

Chicago metropolitan area. The Agency's proposal

would accomplish those required reductions for the

years 1996 through 1999 in this single proposal.

Section 28.5 of the Act requires the Board to

proceed within set time-frames toward the adoption of

the proposed amendments. The Board lacks any

discretion under the statute to adjust these time-frames

under any circumstances. The Board has scheduled

three hearing dates in this matter, each for a prescribed

purpose. The first day of hearing is reserved for

presentation by the Agency and questions of Agency

witnesses. The second of hearing is reserved for pre-

sentation by affected entities and all other interested

persons. The third day of hearing is reserved for any

Agency response and responses of other parties. The

hearings will be continued from day to day, as

necessary, until all business is completed. However,

the second and third hearing dates are subject to

cancellation if the level of public interest and

participation so warrant. The three statutory days of

hearings are as follows: March 4, April 1, and April

15, 1997, at the James R. Thompson Center, 100 West

Randolph Street, Chicago. (Call for room assignment.)

Direct questions to K.C. Poulos, at 312-814-3665

(Internet address: kpoulos@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 R97-24.

t

mendments to Air Permit Requirements

Proposed for First Notice, R96-17

On December 19, 1996, the Board proposed

amendments to the permit requirements of the air

pollution control regulations. Docket R96-17 would

amend the list of emission units and activities that are

R

R

A

A

---

January/February, 1997

ENVIRONMENTAL REGISTER No. 512

5

exempt from the permit requirements. It would also

amend the rules to enhance consistency between the

exemptions and the “insignificant activities” provision

under the federally-mandated Clean Air Act Permit

Program (CAAPP).

The Illinois EPA (Agency) filed the proposal with

the Board on May 10, 1996. The Board found that the

petition fulfilled the applicable procedural requirements

and accepted it by an order dated May 16, 1996. (See

issue 505, June, 1996.) The Board conducted public

hearings on the proposal on July 23, 1996, in

Collinsville, and August 16, 1996, in Chicago.

Notices of Proposed Amendments appeared in the

January 3, 1997 issue of the

Illinois Register

, at 21 Ill.

Reg. 329 (Part 211) and 342 (Part 201). The First

Notice period will expire 45 days after that date of

publication,

i.e.

, on February 17, 1997, after which

time the Board will be free to propose the amendments

for Second Notice review by the Joint Committee on

Administrative Rules (JCAR). Direct questions to

Marie E. Tipsord, at 312-814-4925 or 618-498-9803

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

Request copies of Board orders from the Board's

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

docket R96-17.

t

retreatment Amendments Proposed for Public

Comment, R97-7

On January 9, 1997, the Board proposed identical-

in-substance amendments to the wastewater

pretreatment rules for public comment. Docket R97-7

includes federal amendments that occurred in the period

January 1 through June 30, 1996. During that time

USEPA undertook amendments that affected

pretreatment requirements. In amendments of April 8

(two actions), April 30, and June 28, 1996, USEPA

adopted and revised its Phase III hazardous waste land

disposal restrictions (LDRs). The federal Phase III

LDR amendments included a requirement that a person

disposing of covered wastes into a sewage collection

system not only treat the waste to remove its

corrosivity, but also remove any other characteristic for

which it is considered hazardous waste. On May 14,

1996, USEPA corrected errors in the July 1, 1995 issue

of the Code of Federal Regulations (CFR). The Board

proposed updating the appropriate incorporations of the

federal regulations by reference in response to the Phase

III LDRs. No action was necessary based on the CFR

correction.

A Notice of Proposed Amendments appeared in the

January 24, 1997 issue of the

Illinois Register

, at 21 Ill.

Reg. 1147. The public comment period will end 45

days after that date of publication, on March 10, 1997,

after which time the Board will be free to adopt

amendments based on the proposal. 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 R97-7.

t

dditional Comment Sought on Air Toxics

Proposal, R96-4

On January 9, 1997, the Board sought additional

comment on the proposed toxic air contaminants

amendments, under docket R96-4. The order set forth

revisions the Board intends to make in the proposal and

requested comment on those revisions. The extended

comment period will expire on February 15, 1997. The

Board proposed amendments to the toxic air

contaminants regulations on August 15, 1996 for First

Notice publication in the

Illinois Register

. (See issue

508, Sept., 1996.) The proposed amendments would

add several substances either designated as federal

hazardous air pollutants (HAPs) pursuant to section

112(b) of the Clean Air Act (CAA) or designated by

USEPA as of concern under its "Great Waters" program

under section 112(m) of the CAA. The proposal would

also require all sources that meet certain requirements

to submit an Illinois toxic air contaminants (ITAC)

source report for calendar year 1996, and it would

correct typographical errors in the existing ITAC list.

The Agency filed its proposal on October 13, 1995

to update the existing ITAC list at 35 Ill. Adm. Code

232. The Board issued an order on November 2, 1995

that accepted the proposal and dismissed older

subdockets R90-1(C), relating to toxic air contaminant

reporting requirements, and R90-1(D), relating to

adding styrene to the list of toxic air contaminants. (See

issue 499, Dec., 1995.) The Board consolidated the

subject matter of the older subdockets into new docket

R96-4.

The Board sought additional public comments in

response to comments received. After review of the

public comments, the Board suggested a number of

revisions to the original proposal. The Board now seeks

comment on the prospective revisions.

Direct questions to Charles M. Feinen, at 312-814-

3473 (Internet address: cfeinen@pcb016r1.state.il.us).

Request copies of Board orders from Victoria Agyeman,

at 312-814-3620 (Internet address:

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

docket R96-4.

t

P

P

A

A

---

ENVIRONMENTAL REGISTER No. 512 January/February,

1997

6

mission Reduction Market System Proposal

Accepted, R97-13

On December 5, 1997, the Board accepted a

rulemaking proposal from the Agency. The proposal

would establish a system for reducing volatile organic

material (VOM) emissions that would use market forces

to this end. The proposal would implement Section 9.8

of the Act The proposal would require a 12 percent

reduction in VOM emissions from all covered sources in

the Chicago metropolitan area. Those sources could

comply by reducing emissions or by purchase of

emission units in the market.

In accepting the proposal, the Board noted that the

emissions reductions would go toward satisfying the

requirement in the federal Clean Air Act (CAA) that

states annually reduce VOM emissions by three percent

in severe nonattainment areas, such as the Chicago

metropolitan area. The Agency noted that USEPA

formally found on July 10, 1996 (61 Fed. Reg. 36294)

that Illinois had failed to timely submit a state

implementation plan (SIP) revision including these three

percent rate of progress (ROP) provisions. That notice

started an 18-month time clock for mandatory federal

sanctions, which could include the federal imposition of

2:1 offset requirements and the loss of federal highway

dollars. Thus, Illinois has until January 3, 1998 to

submit an appropriate SIP revision to USEPA that

includes the required 3% ROP measures.

Direct questions to Charles M. Feinen, at 312-814-

3473 (Internet address: cfeinen@pcb016r1.state.il.us).

Request copies of Board orders from Victoria Agyeman,

at 312-814-3620 (Internet address:

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

docket R97-13.

t

omments or Proposal Sought on Proportionate

Share Liability, R97-16

On December 5, 1996, the Board solicited comment

on a proposal for fulfilling the new Act Section 58.9

proportionate share liability requirements. Section

58.9, added by P.A. 89-443, effective July 1, 1996,

repealed the former Act provision for joint and several

liability for remedial action costs, replacing it with a

concept of "proportionate share liability", under which a

person's liability is limited to his or her own

"proportionate degree of responsibility". Section 58.9

further holds harmless those persons who did not

materially contribute to releases of regulated substances

at the subject site. Finally, Section 58.9 requires the

Board to adopt regulations and procedures for

determining proportionate share liability within 18

months of when the amendment was effective--

i.e.

, by

January 1, 1998. The Board opened reserved docket

R97-16 and sought public comment or a rulemaking

proposal in furtherance of timely fulfilling that mandate.

Direct questions to Cynthia I. Ervin, at 217-524-

8509 (Internet address: cervin@pcb084r1.state.il.us).

Request copies of Board orders from Victoria Agyeman,

at 312-814-3620 (Internet address:

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

docket R97-16.

t

outine Identical-in-Substance Dockets Reserved,

R97-17 through R97-23

On December 19, 1996, the Board reserved a series

of routine identical-in-substance dockets. The dockets

would each include any amendments to the Illinois

regulations made necessary by USEPA amendments to

the relevant corresponding federal rules. The time-

frame of the reserved dockets is July 1 through

December 31, 1996. The dockets and their respective

programs are as follows:

R97-17 Update to Exemptions from the

Definition of VOM

R97-18 SDWA Drinking Water Update

R97-19 Underground Injection Control (UIC)

Update

R97-20 RCRA Subtitle D Municipal Solid

Waste Landfill Update

R97-21 RCRA Subtitle C Hazardous Waste

Management Update

R97-22 RCRA Subtitle I Underground Storage

Tank Update

R97-23 CWA Wastewater Pretreatment

Update

The Board's preliminary review of federal actions

during the update period reveals that federal actions

during the period will require Board action in some of

these programs and not in others. At present it appears

that amendments to the exemptions from the definition

of VOM will be required based on an October 8, 1996

federal action. Amendment of the RCRA Subtitle D

municipal solid waste landfill rules may be necessary

based on one or more of federal actions of July 1,

September 25, and November 27, 1996. RCRA Subtitle

C hazardous waste management amendments may be

required based on federal actions of July 1 and 10,

August 5 and 26, and November 4 and 25, 1996.

Revisions to the federal wastewater pretreatment rules

on July 8 and November 6, 1996 may require Board

action. As yet, it does not appear that federal

E

E

C

C

R

R

---

January/February, 1997

ENVIRONMENTAL REGISTER No. 512

7

amendments to the SDWA drinking water and UIC rules

and the RCRA underground storage tank rules will

require action by the Board. The Board intends to

verify the federal actions during the period and either

initiate action to amend the appropriate Illinois

regulations or to dismiss the reserved dockets, as

appropriate.

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@pcb016r1.state.il.us). Please refer to the

appropriate reserved identical-in-substance docket.

t

S

S

IGNIFICANT FEDERAL ACTIONS

IGNIFICANT FEDERAL ACTIONS

The following is a brief summary of recent federal

actions related to Board proceedings and federal actions

that may be of interest to the reader. This does not

represent a complete listing or summary of all federal

actions by the USEPA or federal actions affecting the

environmental laws or regulations of the State of

Illinois. To avoid duplication of the various commer-

cial environmental update services while at the same

time improving timeliness of this newsletter, we will

begin to be more selective and concise in synopsizing

information. Comments on this revised approach are

welcome. For additional information on federal

actions, the reader should reference the Federal

Registers for this time period. Additionally, the

Board’s Home Page at

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

provides some

tips on searching for federal actions on the Internet.

mendments to Streamline the NPDES Program

Regulations - Part II

On December 11, 1996 at 61 Fed. Reg. 65267, the

USEPA proposed revisions to the NPDES regulations

(40 CFR parts 122, 123, 124 and 125). The intent of

the revisions is to streamline the NPDES and RCRA

permitting procedures. USEPA believes that the

revisions eliminate redundant regulatory language,

provide clarification, and remove or streamline

unnecessary procedures which do not provide any

environmental benefits. Revisions are also proposed for

40 CFR 22, 117, 144, 270 and 271 to conform with the

proposed changes. The revisions include the correction

of errors, the removal of obsolete provisions, the

removal of superfluous language and the addition of

new headings. This effort to streamline the regulations

is a continuation of the effort undertaken by the USEPA

in final rules issued on June 29, 1995 at 60 Fed. Reg.

33926. Comments on the proposal may be filed with

the USEPA through February 10, 1997.

t

ational Toxics Rule: Remand of Water Quality

USEPA for Response to Comments

The USEPA published a document entitled

“Response to Comments from American Forest and

Paper Association (AFPA) on Two of the Exposure

Assumptions Used by USEPA in Developing the Human

Health Water Quality Criteria of Dioxin and Pentachlo-

rophenol” on December 11, 1996 at 61 Fed. Reg.

65183. The document represents the USEPA’s response

pursuant to the remand of the D.C. District Court in

American Forest and Paper Association v. USEPA

(Civil Action No. 93-CV-0694) USEPA is responding

to comments from AFPA challenging the promulgation

of human health water quality standards for dioxin and

pentachlorophenol. The document addresses two

exposure assumptions used by the USEPA: an assump-

tion that daily water consumption is 2 liters and an

assumption that all consumed fish are contaminated at

criteria levels.

Section 101-607 of the Clean Water Act requires the

Illinois Environmental Protection Agency (Agency) to

periodically, but at least every three years, review the

water quality standards applicable in Illinois. This

review is commonly referred to as the Triennial Review

Process. Based on this review, the Agency may

propose amendments to the water quality standards.

t

ational Emission Standards for Hazardous Air

Pollutants for Source Categories

On December 5, 1996 at 61 Fed. Reg. 64571, the

USEPA took final action on some of the amendments to

the Hazardous Organic NESHAP rules or HON as

proposed on August 26, 1996 at 61 Fed. Reg. 43698.

The amendments eliminate the need for filing imple-

mentation plans for existing sources’ emission points

that are not included in emission averages. These

implementation plans would otherwise have been due

December 31, 1996. In addition, the amendments allow

the filing of requests for compliance extensions up to

four months before the April 1997 compliance date.

Pursuant to Section 9.1(b) of the Environmental

Protection these standards are “applicable in the State of

Illinois and are enforceable under the Act”.

t

A

A

N

N

N

N

---

ENVIRONMENTAL REGISTER No. 512 January/February,

1997

8

rotection of Stratospheric Ozone: Reconsidera-

tion of the Ban on Fire Extinguishers Containing

HCFCs

On December 4, 1996, the USEPA at 61 Fed. Reg.

64423 amended the Class II Nonessential Products Ban

to provide an exemption for portable fire extinguishing

equipment that contains hydrochloroflourocarbons

(HCFCs) for nonresidential applications.

t

oan Guarantees for Construction of Treatment

Works: Removal of Legally Obsolete Rule

On December 4, 1996 at 61 Fed. Reg. 64290, the

USEPA removed from the Code of Federal Regulations

(CFR) 40 CFR Part 39. The rule was intended to

implement a provision of law allowing the USEPA

Administrator to guarantee state and municipal loans for

wastewater treatment works. The rule was revoked

because it is legally obsolete.

t

reliminary Assessment Information and Health

Safety Data Reporting; Stay of Final Rule

On December 11, 1996 at 61 Fed. Reg. 65186, the

USEPA stayed provisions of a rule for nonylphenol

ethoxylates published in the October 29, 1996 Federal

Register at 61 Fed. Reg. 55872. The rule added

chemical substances to two model information gathering

rules: the Toxic Substances Control Act (TSCA)

Section 8(a) Preliminary Information Rule (PAIR) and

the TSCA Section 8(d) Health and Safety Data Report-

ing Rule. The TSCA Interagency Testing Committee

(ITC) requested a stay in order to avoid ambiguities

resulting from the use of alternate CAS numbers cited in

ITC’s 38

th

report.

t

ignificant New Uses of Certain Chemical Sub-

stances

On December 2, 1996 at 61 Fed. Reg. 63726, the

USEPA promulgated significant new use rules (SNURs)

under Section 5(a)(2) of the Toxic Substance Control

Act for certain chemical substances which were the

subject of TSCA section 5(e) consent orders issued by

EPA. The new rules require persons who intend to

manufacture, import or process these substances for a

significant new use to notify USEPA at least 90 days

before commencing the manufacturing or processing of

the substance for use. The effective date of this rule is

January 31, 1997

t

azardous Waste Management System; Identifica-

tion and Listing of Hazardous Waste; Amend-

ment

On January 13, 1997 the USEPA at 62 Fed. Reg.

1678 amended 40 CFR Part 261, Appendix IX to reflect

changes in ownership and name for Envirite Corpora-

tion in Canton, Ohio; Harvey, Illinois and York,

Pennsylvania. The Board took a similar action on

December 19, 1996, in AS 94-10, to amend a previ-

ously granted adjusted standard for Envirite’s facility

located in Harvey, Illinois.

t

ccupational Exposure to Methylene Chloride;

Final Rule

On January 10, 1997 at 62 Fed Reg. 1493 the Oc-

cupational Safety and Health Administration (OSHA)

amended its existing regulations for employee exposure

to methylene chloride (MC), (also known as methylene

dichloride, dichloromethane or DCM). OSHA has

determined that the current limits allow employee

exposure to a significant risk of material impairment of

health. OSHA reduced the existing 8-hour time-

weighted average (TWA) exposure from 500 parts MC

per million parts (ppm) of air to 25 ppm. Also, OSHA

deleted the existing ceiling limit concentration of 1,000

ppm and reduced the existing short-term exposure limit

from 2,000 ppm (measured over five minutes in any 2

hour period) to 125 ppm, measured as a 15-minute

TWA. In addition, the Agency set an ”action level” of

12.5 ppm, measured as an 8-hour TWA. The final rule

also contains provisions for exposure control, personal

protective equipment, employee exposure monitoring,

training, medical surveillance, hazard communication,

regulated areas, and recordkeeping. OSHA believes

that the final standard will prevent an estimated 31

cancer deaths per year and an estimated three deaths per

year from acute central nervous system and carboxyhe-

moglobinemic effects and will also reduce cardiovascu-

lar disease and material impairment of the central

nervous system.

t

alls for State Implementation Plan Revisions for

Ozone

On January 10, 1996, the USEPA at 61 Fed Reg.

1420 announced its intention to publish a Notice of

Proposed Rulemaking around March of 1997, with final

action scheduled for summer 1997. The intended

proposed rulemaking requires States to submit State

P

P

L

L

P

P

S

S

H

H

O

O

C

C

---

January/February, 1997

ENVIRONMENTAL REGISTER No. 512

9

Implementation Plan (SIP) measures to ensure that

emission reductions are achieved as needed to prevent

significant transport of ozone (smog) pollution across

state boundaries in the Eastern United States. These

precursors include volatile organic compounds (VOC)

and oxides of nitrogen. The notice announces USEPA's

intention to conduct the formal process for implement-

ing the regional reductions in ozone precursors that are

necessary for areas in the Eastern United States to reach

attainment.

t

ational Emission Standards for Hazardous Air

Pollutants from Secondary Lead Smelting

On December 12, 1996 at 62 Fed. Reg. 65334, by

direct final rule, the USEPA amended the national

emission standards for hazardous air pollutants

(NESHAP) for secondary lead smelting. USEPA

extended by six months the compliance date and the

dates on which existing smelters must submit standard

operating procedures (SOP) manuals. The rule requires

current smelters to submit SOP manuals by December

23, 1996, and to achieve compliance by June 23, 1997.

USEPA also set the deadline for requests for extensions

of compliance at June 23, 1997. USEPA is planning to

revise portions of the final rule in response to com-

ments. USEPA plans to publish the revisions in

February 1997. Pursuant to Section 9.1(b) of the

Environmental Protection these and all NESHAP

standards are “applicable in the State of Illinois and are

enforceable under the Act” without rulemaking action

by the Board.

t

esticide Toxicity Report Available from USEPA

The final Pesticide Regulation Notice entitled

“Toxicologically Significant Levels of Pesticide Active

Ingredients,” which provides the USEPA interpretation

of “toxicologically significant” as it applies to contami-

nants in pesticide products that are also active ingredi-

ents, is available from USEPA. Information on

obtaining the document was published on December 13,

1996 at 61 Fed. Reg. 65573.

t

SEPA Proposes New Particulate Matter

Standards

On December 13, 1996 at 61 Fed. Reg. 65637,

USEPA proposed revisions to the current PM

10

stan-

dards pursuant to its review of the national ambient air

quality standards (NAAQS) under the Clean Air Act.

USEPA proposes adding two new primary PM

2.5

standards set at 15

μ

g/m

3

, annual mean, and 50

μ

g/m

3

,

24-hour average. USEPA also solicits comments on

alternative approaches of selecting the PM

2.5

standards.

The proposed standards are intended to provide

increased protection against health effects related to PM

particular respiratory problems. Written comments can

be submitted to USEPA through February 18, 1997.

This and any other NAAQS amendments would be

proposed to the Board by the Illinois Environmental

Protection Agency as a CAA fast-track rulemaking

pursuant to Section 28.5 of the Act.

t

SEPA Proposes Revisions to Standards for Ozone

On December 13, 1996 at 61 Fed. Reg. 65715,

USEPA also proposed revisions to the current standards

for ozone (0

3

) pursuant to its review of the national

ambient air quality standards (NAAQS) under the Clean

Air Act. USEPA proposes changing the averaging time

from 1-hour averages to 8-hour averages. The change

in averaging times would result in lowering the present

standard from 0.12 parts per million. USEPA also

proposes changing the test for attainment based on a 3-

year average of 8-hour O

3

concentrations. Comments

on the proposal may be submitted to the USEPA

through February 18, 1997. This and any other

NAAQS amendments would be proposed to the Board

by the Illinois Environmental Protection Agency as a

CAA fast-track rulemaking pursuant to Section 28.5 of

the Act.

t

nterim Implementation Policy on New and Revised

Ozone and Particulate Matter National Ambient

Air Quality Standards

USEPA stated its proposed policy regarding interim

implementation requirements for ozone and PM air

pollution control during the period following promulga-

tion of revisions to the NAAQS. The proposed policy

was published in the Federal Register on December 13,

1996 at 61 Fed. Reg. 65751.

t

SEPA Discusses Key Ozone and Particulate

Regulations

On December 13, 1996 at 61 Fed. Reg. 65763,

USEPA provided advance notice of key issues related to

new or revised policies and/or regulations to implement

revised NAAQS for ozone and PM, and development of

a regional haze program. USEPA discusses a broad

range of options, principles and question related to each

key issue. Written comments on the proposal can be

submitted to USEPA though February 18, 1997.

t

N

N

P

P

U

U

U

U

I

I

U

U

---

ENVIRONMENTAL REGISTER No. 512 January/February,

1997

10

SEPA Proposed Requirements for Particulate

Matter, PM

2.5

, New Reference Method, and

Ambient Air Quality Surveillance

On December 13, 1996 at 61 Fed. Reg. 65779,

USEPA proposed revisions to 40 CFR Part 58. The

proposed revision is intended to establish ambient air

quality monitoring requirements for PM

2.5

as measured

by a new reference method being proposed. The

proposed rule also proposes revisions to existing

ambient air quality monitoring requirements for PM

10

.

Comments may be submitted to USEPA through

February 18, 1997.

t

oxic Substances Master Testing List Available

On December 13, 1996 at 61 Fed. Reg. 65935,

USEPA announced the availability of its 1996 Master

Testing List (MTL). The MTL is an important compo-

nent of the Toxic Substances Control Act (TSCA)

Chemical’s Program. USEPA has been using the MTL

since 1990 to establish the Agency’s Chemical Testing

Program agenda under TSCA. USEPA seeks comments

on the MTL.

t

ational Emission Standards Corrections An-

Rework Facilities and Shipbuilding and Ship Repair

(Surface Coating) Operations

On December 17, 1996 at 61 Fed. Reg. 66226,

USEPA corrected the NESHAP for Aerospace Manu-

facturing and Rework Facilities and Shipbuilding and

Ship Repair (Surface Coating) Operations. The

corrected regulation was originally published on

September 1, 1995 at 60 Fed. Reg. 45948 and Decem-

ber 15, 1995 at 60 Fed. Reg. 64330. The corrections

do not change the intended effect of the rule. The

changes correct errors in numbering, punctuation and

misnomers. Pursuant to Section 9.1(b) of the Environ-

mental Protection these and all NESHAP standards are

“applicable in the State of Illinois and are enforceable

under the Act” without rulemaking action by the Board.

t

cid Rain Program News: Nitrogen Oxides

Emission Standards Changing

On December 19, 1996 at 61 Fed. Reg. 67111, the

USEPA promulgated standards for the second phase of

the Nitrogen Oxides Reduction Program under Title IV

of the Clean Air Act. USEPA established nitrogen

oxides (NO

x

) emission limitations for certain coal-fired

electric utility units and revised NO

x

emission limita-

tions for others as specified by section 407(b)(2) of the

Clean Air Act.

On January 23, 1997, USEPA at 62 Fed. Reg. 3463

corrected the effective date and other inadvertent errors

contained in the emission limitations for the second

phase of the Nitrogen Oxides Reduction Program under

Title IV of the Clean Air Act. These emission limita-

tions will reduce the serious adverse effects of NO

X

emissions on human health, visibility, ecosystems, and

materials. Under Section 39.5 of the Act, the require-

ments of Title IV are directly enforceable in Illinois.

t

SEPA Approves REXAM Variance

On December 23, 1996 at 61 Fed. Reg. 67469,

USEPA approved the Illinois SIP revision containing the

adjusted standard for REXAM Medical Packaging Inc.

in Mundelein, Lake County, Illinois. The Board

granted the variance from certain of the Chicago VOM

and RACT rules in docket PCB 95-99 on October 19,

1995. The approval of the SIP revision is effective on

February 21, 1997 unless expressly withdrawn prior to

that date.

t

odium Bicarbonate and Potassium Bicarbonate

Tolerance Exemptions Approved

On December 23 1996 at 61 Fed. Reg. 67472,

USEPA adopted a regulation establishing exemptions

from the requirements of a tolerance for residues of the

biochemical pesticides sodium bicarbonate and potas-

sium bicarbonate in or on all raw agricultural com-

modities, when applied as fungicides or post-harvest

fungicides in accordance with good agricultural

practices.

t

SEPA Issues Draft Rodenticide Bait and Other

Vertebrate Pesticide Regulations

USEPA announced the availability of a draft

pesticide regulation notice summarizing policies

affecting the registrations of rodenticide baits and other

vertebrate pesticide products. The notice appeared on

December 26, 1996 at 61 Fed. Reg. 68035, comments

on the draft regulation can be submitted to the USEPA.

The notice outlines historical policies which are largely

or completely specific to vertebrate pesticides especially

rodenticide baits.

t

U

U

T

T

N

N

A

A

U

U

S

S

U

U

---

January/February, 1997

ENVIRONMENTAL REGISTER No. 512

11

cid Rain Program: Permits, Allowance System,

Sulfur Dioxide Opt-Ins, Continuous Emission

Monitoring Excess Emissions, and Appeal Proce-

dures

USEPA proposed revisions on December 27, 1996 at

61 Fed. Reg. 68339 to streamline the Acid Rain

Program which was established pursuant to Title IV of

the Clean Air Act. The proposed revisions also revise

allocations of sulfur dioxide allowances. Comments on

the proposal may be submitted to the USEPA before

January 27, 1997.

t

azardous Air Pollutants: Final Rules Require

Use MACT

Final rules implementing certain provisions in

section 112(g) of the Clean Air Act as amended in 1990

were promulgated by the USEPA on December 27,

1996 at 61 Fed. Reg. 68383. This rule requires all

owners or operators of major sources that are con-

structed or reconstructed, in States with an approved

Title V permit program, to install maximum achievable

control technology (MACT) unless specifically ex-

empted. This rule is effective January 27, 1997.

Illinois’ Title V program was approved on March 7,

1995 at 60 Fed. Reg. 12478. The approval was

extended through March 7, 1998 at 61 Fed. Reg.

56367, October 31, 1996.

t

SEPA Proposes Emission Standards for Hazard-

Foam Industry

On December 27, 1996 at 61 Fed. Reg. 68405,

USEPA proposed rules to reduce emissions of hazardous

air pollutants from existing and new facilities that

manufacture flexible polyurethane foam. USEPA

estimates that the proposed rule will reduce emissions of

these pollutants by over 12, 500 megagrams per year,

with 99 percent of this total expected to be from

reduction of methylene chloride. The proposed rule

implements section 112(d) of the Clean Air Act of

1990. Comments may be submitted to USEPA before

February 25, 1997.

t

SEPA Proposes Emission Standards for Hazard-

turing and Phospate Fertilizers Production.

On December 27, 1996 at 61 Fed. Reg. 68429,

USEPA proposed national emission standards for

hazardous air pollutants for new and existing major

sources in phosporic acid manufacturing and phosphate

fertilizers production plants. Human exposure to

constituents in these emissions may be associated with

adverse carcinogenic, respiratory, nervous system,

dermal, developmental, and/or reproductive health

effects. The rule is proposed under the authority of

section 112(d) of the Clean Air Act of 1990. Comments

may be submitted to USEPA before February 25, 1997.

Pursuant to Section 9.1(b) of the Environmental

Protection these and all NESHAP standards are

“applicable in the State of Illinois and are enforceable

under the Act” without rulemaking action by the Board.

t

rotection of Stratospheric Ozone: Refrigerant

Reclamation Requirements Extended

The USEPA amended 40 CFR Part 82, refrigerant

recycling regulations on December 27, 1996 at 61 Fed.

Reg. 68505. The amendments extends the effectiveness

of the refrigerant purity requirements of Sec. 82.154(g)

and (h) until USEPA adopts revised purity require-

ments. The amendments are effective January 1, 1997.

t

afe Drinking Water Act State Revolving Fund

Information Collection Activities Sought

The USEPA requests comments on its proposed

information collection system for Safe Drinking Water

Act State Revolving Fund Program Guidance. The

proposed collection system as proposed to the Office of

Management and Budget was printed on December 31,

1996 at 61 Fed. Reg. 69089. Comments may be

submitted to USEPA before March 3, 1997.

t

ivil Monetary Penalty Rule Gets Inflation

Adjustment Provision

On December 31, 1997, USEPA at 61 Fed. Reg.

69359, issued a rule to adjust USEPA’s civil monetary

penalties for inflation on a periodic basis. The first

adjustment increases almost all of the penalty provisions

by 10 percent. USEPA is required to review its

penalties at least once every four years thereafter and

adjust them as necessary.

t

alifornia Ready to Enforce Nonroad Engine and

Vehicle Pollution Control Standards

On December 31, 1996, USEPA at 61 Fed. Reg.

69093 authorized the State of California to enforce

emission standards and test procedures for nonroad

A

A

H

H

U

U

U

U

P

P

S

S

C

C

C

C

---

1997

12

recreational vehicles and engines including: off road

motorcycles, all-terrain vehicles, golf carts, go-karts 25

horsepower or above, and specialty vehicles less than 25

horsepower. This decision affects not only persons in

California but also manufacturers who produce vehicles

for sale in California.

t

SEPA Announces New Sulfur Dioxide Emissions

Program; Seeks Comment

On January 2, 1997, USEPA proposed at 62 Fed.

Reg. 209, a new level intervention program under

authority of the Clean Air Act to supplement protection

provided by the primary and secondary sulfur dioxide

national ambient air quality standards. The proposed

intervention level program addresses USEPA’s concern

that some of the asthmatic population may be at

increased health risk when exposed to 5-minute peak

concentrations of SO

2

in the ambient air while exercis-

ing. USEPA is also proposing the implementation

strategy for identifying and prioritizing areas with

potential 5-minute SO

2

peaks. Comments on the

proposal may be submitted to USEPA before March 3,

1997.

t

SEPA Approves Reynolds Metal Adjusted

Standard

On January 21, 1997 at 62 Fed. Reg. 2916, USEPA

approved the Illinois SIP revision involving the adjusted

standard for Reynolds Metals Company in McCook,

Illinois. The Board granted the adjusted standard from

certain of the Chicago RACT rules in docket AS 91-8

on September 25, 1995. The approval of the SIP

revision is effective March 24, 1997, unless expressly

withdrawn prior to that date.

t

SEPA Extends K088 Waste Land Disposal

Restriction Capacity Variance

On January 14, 1997 at 62 Fed. Reg. 1991, USEPA

amended 40 CFR Part 268. Under the Land Disposal

Restrictions (LDR) program of the Resource Conserva-

tion and Recovery Act (RCRA), USEPA is extending

the current national capacity variance for spent potliners

from primary aluminum production (Hazardous Waste

Number K088) for six (6) months. Thus, K088 wastes

do not have to be treated to meet LDR treatment

standards until July 8, 1997, six months from the

current treatment standard effective date of January 8,

1997. USEPA extended the national capacity variance

due to unanticipated performance problems with the

treatment technology which provides most of the

available treatment capacity for these wastes. As a

result, USEPA does not believe that sufficient treatment

capacity which minimizes short and long-term threats to

human health and the environment posed by land

disposal of the potliners is presently available. The

length of the extension of the national capacity variance

is based on USEPA's best current estimate of the time it

will take to modify, evaluate, and correct the current

deficiencies in treatment performance. The Board will

be adopting rules “identical in substance” to these

USEPA rules pursuant to Section 7.5 of the Act in

consolidated docket R96-10/R97-5 RCRA Update of

USEPA Actions from 7-1-95 thru 6-30-96. These

amendments have been moved into this docket since

they affect other federal amendments in the docket.

t

ompliance Dates Revised for Hazardous Air

Resins and Group IV Polymers and Resins

On January 14, 1997 at 62 Fed. Reg. 1835, USEPA

corrected an error in the final Group I Polymers and

Resins NESHAP, by extending the compliance date for

heat exchange system. On September 5, 1996, the

USEPA promulgated 40 CFR part 63, Subpart U--

National Emission Standards for Hazardous Air

Pollutants (NESHAP) for Group I Polymers and Resins

(61 FR 46906), and on September 12, 1996, the EPA

promulgated 40 CFR part 63, Subpart JJJ-Group IV

Polymers and Resins NESHAP (61 FR 48208). In

addition, this action proposes to extend the initial

compliance date for equipment leaks for both the Group

I and Group IV Polymers and Resins NESHAP, to allow

time necessary for affected sources to respond to

amendments to the hazardous organic NESHAP (HON)

equipment leak provisions promulgated on December

26, 1996, which are directly referenced in both subparts

U and JJJ. Pursuant to Section 9.1(b) of the Environ-

mental Protection these and all NESHAP standards are

“applicable in the State of Illinois and are enforceable

under the Act” without rulemaking action by the Board.

t

mission Rules Revised for Hazardous Air

Pollutants for Source Categories: Organic

Hazardous Air Pollutants From the Synthetic

Organic Chemical Manufacturing Industry and

Other Processes Subject to the Negotiated Regulation

for Equipment Leaks

On January 17, 1997 at 62 Fed. Reg. 2721, USEPA

amended National Emission Standards for Hazardous

U

U

U

U

U

U

C

C

E

E

---

January/February, 1997

ENVIRONMENTAL REGISTER No. 512

13

Air Pollutants for Source Categories: Organic Hazard-

ous Air Pollutants from the Synthetic Organic Chemical

Manufacturing Industry and Other Processes Subject to

the Negotiated Regulation for Equipment Leaks. This

rule is commonly known as the Hazardous Organic

NESHAP or the HON and was issued on April 22, 1994

and June 6, 1994. These amendments to the rule will

not change the basic control requirements of the rule or

the level of health protection it provides. The rule

requires new and existing major sources to control

emissions of hazardous air pollutants to the level

reflecting application of the maximum achievable

control technology promulgated.

The amendments are USEPA’s response to petitions

filed in June 1994 for review of the April 1994 rule in

the U.S. Court of Appeals for the District of Columbia

Circuit. Among the amendments are revisions to

definitions that apply to wastewater and wastewater

treatment and revised control and compliance provisions

for wastewater. A new compliance date of April 22,

1999, is proposed for process wastewater, heat ex-

change systems, equipment subject to the provisions of

Sec. 63.149, and maintenance wastewater. The USEPA

also proposes a separate compliance date for wastewater

streams affected by the omission of nitrobenzene from

the list of compounds subject to the wastewater provi-

sions. The revisions to the other provisions to the rule

also include corrections and clarifications to ensure the

rule is implemented as intended. The amendments also

include some additional compliance options that would

reduce the burden associated with the recordkeeping and

reporting requirements of the rule. Pursuant to Section

9.1(b) of the Environmental Protection these and all

NESHAP standards are “applicable in the State of

Illinois and are enforceable under the Act” without

rulemaking action by the Board.

t

tratospheric Ozone Rule Corrected

USEPA corrected 40 CFR Part 82 on January 16,

1997 at 62 Fed. Reg. 2310. In Title 40 of the Code of

Federal Regulations, Parts 81 to 85, revised as of July

1, 1996, Sec. 82.32 (e)(1) and (2) were incorrectly

revised. The corrected text appears in the Federal

Register.

t

Agreement with Industry

Pursuant to section 4 of the Toxic Substances Con-

trol Act (TSCA), USEPA issued a testing consent order

(Order) that incorporates an enforceable consent

agreement (ECA) with AlliedSignal Inc., Aristech

Chemical Corporation, The Dow Chemical Company,

Dakota Gasification Company, Georgia Gulf Corpora-

tion, General Electric Company, GIRSA, Inc., JLM

Chemicals, Inc., Kalama Chemical, Inc., Merichem

Company, Mitsubishi International Corporation, Mitsui

Co. (U.S.A.), Inc., Shell Chemical Company, and

Texaco Refining Marketing Inc. (collectively the

Companies). The Companies have agreed to perform

certain health effects tests on phenol (CAS No. 108-95-

2). USEPA on January 17, 1997 at 62 Fed. Reg. 2607,

summarized the ECA and added phenol to the list of

chemicals subject to testing consent orders and hence

subject to export notification requirements.

t

ew Source Performance Standards and Emissions

Coming

On January 14, 1997 at 62 Fed. Reg. 1868, USEPA

provided notice of its intention to issue regulations and

guidelines under Section 129 of the Clean Air Act for

Sewage Sludge Incinerators (SSI) that combust sludge

from Publicly Owned Treatment Works and to remove

Sewage Sludge Incinerators from the list of Major

Source Categories previously scheduled for rule

development under Section 112 of the Clean Air Act.

t

inancial Incentives for Using Voluntary Environ-

Programs

On January 21, 1997 at 62 Fed. Reg. 3036, the

Office of Water at USEPA announced its intention to

provide financial support, through a competitive grant

process, for States that encourage and support the use of

voluntary environmental management systems (EMS),

using the ISO 14001 International Standard as a

baseline, for facilities under State water programs in

either delegated or non-delegated States.

t

nnual SO

2

Allowances Auction Scheduled For

Chicago Board of Trade March 24

th

On January 24, 1997 at 62 Fed. Reg. 3681 USEPA

announced its 1997 annual SO

2

allowances auction. The

auction will take place at the Chicago Board of Trade

on March 24, 1997. Bid forms must be received by

March 18, 1997.

t

S

S

T

T

N

N

f

f

A

A

---

ENVIRONMENTAL REGISTER No. 512 January/February,

1997

14

SEPA Comfort Letter Policy-Brownfields

On January 30, 1997 at 62 Fed. Reg. 4623, re-

leased its policy on the issuance of comfort/status letters

as part of its Brownfields program. The policy indicates

when USEPA will issue a letter of comfort regarding its

level of interest in a site under the Superfund program.

The letters will be issued by the regional offices and

disclose what information USEPA has on the site.

The Illinois Environmental Protection Agency

(IEPA) has proposed regulations for the Illinois

Brownfields Program in docket R 97-11 Site Remedia-

tion Program. The regulations proposed by IEPA are

presently pending before the Board. The Board held

hearings on the proposed rules, and sent the rules to

First Notice on February 6, 1997.

t

F

F

inal Decisions 12/5/96

inal Decisions 12/5/96

95-156

Harris Marcus Group, Inc. v. EPA - The Board

found that this Cook County facility is subject to certain

of the volatile organic material emissions limitations of

the air pollution control regulations applicable to metal

furniture coating operations in the Chicago metropolitan

area, rather than those applicable to miscellaneous

metal parts and products coating operations. The Board

denied a variance from the metal furniture coating

emissions regulations and found that the effect of those

rules was retroactively stayed up to the date of the

Board order. The Board further granted a retroactive

variance from certain volatile organic material

emissions limitations of the air pollution control

regulations applicable to wood furniture coating

operations in the Chicago metropolitan area, subject to

conditions.

97-29

  

Citizens Opposed to Additional Landfills and

Harvey C. Pitt v. Greater Egypt Regional

Environmental Complex a/k/a Gere Properties, Inc.,

and the Perry County Board of Commissioners - In this

pollution control facility siting appeal involving a

proposed Perry County facility (landfill), the Board

found that the reviewing authority had jurisdiction to

review the petition for siting authority, but did not

address substantive issues relating to the manifest

weight of the evidence because it found that the

proceeding before the siting authority was

fundamentally unfair due to

ex parte

contacts between

the applicant and the authority. The Board reversed the

siting approval and remanded the petition to the local

authority for further hearings to make public the content

of the contacts. Board Member J. Theodore Meyer

dissented.

97-98

City of Belleville v. EPA - Upon receipt of an

Agency recommendation, the Board granted this St.

Clair County facility a 45-day provisional variance

facility from certain total suspended solids effluent

discharge requirements of the water pollution control

regulations, subject to conditions. Board Member

Kathleen M. Hennessey abstained.

AC 97-30

County of Will v. James Henke - The Board

entered a default order, finding that this Will County

respondent had violated Section 21(p)(4) of the Act and

ordering him to pay a civil penalty of $500.

AC 97-31

County of Vermilion v. Emery Johnson -

The Board entered a default order, finding that this

Vermilion County respondent had violated Section

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

penalty of $500.

AC 97-32

County of Will v. Vito Caprio - The Board

entered a default order, finding that this Will County

respondent had violated Sections 21(p)(1) and 21(p)(6)

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

$1,000.

AC 97-33

County of Macon v. David Scott - The Board

entered a default order, finding that this Macon County

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

ordering him to pay a civil penalty of $500.

F

F

inal Decisions 12/19/96

inal Decisions 12/19/96

96-184

J. M. Sweeney Company v. EPA - The Board

granted this Lake County facility a variance from certain

of the Stage II gasoline vapor recovery requirements of

the air pollution control regulations applicable in the

Chicago metropolitan area, subject to conditions.

97-34

Prairie Preservation Properties, Inc. and John

Sexton Contractors Co. (Prairie/Lansing Landfill) v. EPA

U

U

---

January/February, 1997

ENVIRONMENTAL REGISTER No. 512

15

- Having previously granted a request for an extension of

time to file, the Board dismissed this reserved docket

because no land permit appeal was timely filed on behalf

of this Cook County facility.

97-39

City of Moline v. EPA - The Board granted the

City of Moline a variance from certain excess infiltration,

wastewater overflow, and overflow treatment and

treatment plant bypass requirements of the water

pollution control regulations, subject to conditions, in

order to reinstate a former combined sewer overflow

during investigation and correction of infiltration and

inflow problems. Board Member J. Theodore Meyer

dissented. Board Member Kathleen K. Hennessey

abstained.

97-41

Cabot Corporation (Subpart F) v. EPA - Having

previously granted a request for an extension of time to

file, the Board dismissed this reserved docket because no

land permit appeal was timely filed on behalf of this

Douglas County facility.

97-42

Cabot Corporation (RCRA Permit) v. EPA -

Having previously granted a request for an extension of

time to file, the Board dismissed this reserved docket

because no land permit appeal was timely filed on behalf

of this Douglas County facility.

97-56

Grimm’s Pharmacy v. EPA - Having previously

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

dismissed this reserved docket because no underground

storage tank fund reimbursement determination appeal

was timely filed on behalf of this Kane County facility.

97-57

Baldridge Drilling Co., Inc. v. EPA - Having

previously granted a request for extension of time to file,

the Board dismissed this reserved docket because no

underground storage tank fund reimbursement

determination appeal was timely filed on behalf of this

Washington County facility.

97-61

Baldridge Drilling Co., Inc. v. EPA - Having

previously granted a request for extension of time to file,

the Board dismissed this reserved docket because no

underground storage tank appeal was timely filed on

behalf of this DuPage County facility.

97-79

Jane Graham and Kathy Creech v. City of Paris -

The Board dismissed this citizens air enforcement action

against a Edgar County respondent, finding that this

complaint was frivolous because it failed to state a claim

upon which the Board could grant relief.

97-106

CP Clare Corporation v. EPA - Upon receipt of

an Agency recommendation, the Board granted a 30-day

extension of the 90-day limitation on accumulation of

hazardous waste at this Cook County facility.

97-108

United States Tobacco Manufacturing Co. v.

EPA - Upon receipt of an Agency recommendation, the

Board granted this Cook County facility a 4-day

provisional variance from certain volatile organic

material emission requirements of the air pollution

control regulations applicable to “other emission units”

located in the Chicago metropolitan area, subject to

conditions, during maintenance of the facility’s

regenerative thermal oxidizer.

AC 97-34

EPA v. Fountain Valley Mobile Home Park

and Fred Rosenberger - The Board entered a default

order, finding that these Champaign County respondents

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

and ordering them to pay a civil penalty of $1,000.

AC 97-35

County of Will v. Ferdinand J. Ambrosini -

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.

AC 97-36

County of LaSalle v. Four Star Marina, Inc. -

The Board entered a default order, finding that this

LaSalle County respondent had violated Section 21(p)(3)

of the Act and ordering it to pay a civil penalty of $500.

AC 97-38

EPA v. Willie Lightfoot - The Board granted

voluntary withdrawal of this administrative citation

against a Mercer County facility.

R94-1(B)

In the Matter of: Triennial Water Quality

Review: Amendments to 35 Ill. Adm. Code 302.202,

302.212, 302.213, 304.122 and 304.301 (Ammonia

Nitrogen) -The Board adopted amendments to the water

quality regulations that revised the effluent standards for

ammonia nitrogen and established regulations for

“effluent modified waters”. Board Member Kathleen K.

Hennessey abstained. -

See Rulemaking Update.

F

F

inal Decisions 1/9/97

inal Decisions 1/9/97

95-50

Palos Kar Wash Professional, Inc. v. EPA - The

Board granted voluntary dismissal of this underground

storage tank appeal involving a Cook County facility.

96-126

People of the State of Illinois v. Bennett

Industries, Inc., an Illinois corporation - The Board

---

ENVIRONMENTAL REGISTER No. 512 January/February,

1997

16

accepted a stipulation and settlement agreement in this

air enforcement action against a Will County facility,

ordered the respondent to pay a civil penalty of $30,000,

and ordered it to cease and desist from further violation.

96-157

People of the State of Illinois v. City of Toluca, a

municipal corporation - The Board accepted a stipulation

and settlement agreement in this water enforcement

action against a Marshall County facility, ordered the

respondent to pay a civil penalty of $1,500, and ordered

it to cease and desist from further violation. Board

Member Kathleen K. Hennessey abstained.

96-235

People of the State of Illinois v. Medalist, Inc., a

Delaware corporation - The Board accepted a stipulation

and settlement agreement in this air and land

enforcement action against a DuPage County facility,

ordered the respondent to pay a civil penalty of $8,000,

and ordered it to cease and desist from further violation.

97-82

General Motors Corporation v. EPA - Having

previously granted a request for an extension of time to

file, the Board dismissed this reserved docket because no

underground storage tank appeal was timely filed on

behalf of this DuPage County facility.

97-83

Laidlaw Waste Systems, Inc. v. EPA - Having

previously granted a request for an extension of time to

file, the Board dismissed this reserved docket because no

land permit appeal was timely filed on behalf of this St.

Clair County facility.

97-118

Rock River Water Reclamation District v. EPA -

Upon receipt of an Agency recommendation, the Board

granted this Winnebago facility a 39-day provisional

variance from certain of the ammonia nitrogen, five-day

carbonaceous biochemical oxygen (CBOD

5

) demand and

total suspended solids (TSS) effluent requirements of the

water pollution control regulations during modification

of the treatment plant. Board Member Kathleen K.

Hennessey abstained.

AC 97-39

EPA v. Gale E. Wilhelms and Linda

Wilhelms - The Board entered a default order, finding

that these Stephenson County respondents had violated

Sections 21(p)(1) and 21(p)(4) of the Act and ordering

them to pay a civil penalty of $1,000.

AC 97-40

  

County of Will v. Arthur Burchett - The

Board on its own motion dismissed this administrative

citation involving a Will County facility for failure to

complete service within 60 days, as required by Section

31.1(b) of the Act.

R96-3

In the Matter of: Steel and Foundry Industry

Waste Landfills: Amendments to 35 Ill. Adm. Code

817.309 (Facility Location for Landfills Accepting

Potentially Usable Waste) - The Board adopted

amendments to the steel and foundry industry landfill

regulations. The amendments allow an exception to the

location requirements for landfills receiving potentially

usable waste. The exception from certain separation

requirements would allow the location of a landfill

receiving potentially usable steel and foundry waste in

the vicinity of a Class I or Class III groundwater upon a

showing that the facility will not impact the groundwater.

R96-3

In the Matter of: Steel and Foundry Industry

Waste Landfills: Amendments to 35 Ill. Adm. Code

817.309 (Facility Location for Landfills Accepting

Potentially Usable Waste) -

See Rulemaking Update.

F

F

inal Decisions 1/23/97

inal Decisions 1/23/97

95-163

People of the State of Illinois v. Clark Refining

& Marketing, Inc. - The Board accepted a stipulation and

settlement agreement in this air, water, and RCRA

Subtitle C enforcement action against a Madison County

facility, ordered the respondent to pay a civil penalty of

$232,800, and ordered the respondent to cease and desist

from further violation. Board Member Kathleen K.

Hennessey abstained.

96-264

People of the State of Illinois v. American Waste

Processing, Ltd. - The Board granted involuntary

dismissal of the complaint in this RCRA Subtitle C

enforcement action against a Cook County facility.

97-35

Illinois Power Company (Unit 2 - Baldwin Power

Station) v. EPA - The Board granted summary judgment

in favor of the petitioner and remanded this air permit

appeal to the Agency. (Consolidated with PCB 97-36.)

97-36

Illinois Power Company (Unit 2 - Baldwin Power

Station) v. EPA - The granted summary judgment in

favor of the petitioner and remanded this air permit

appeal to the Agency. (Consolidated with PCB 97-35.)

97-68

Senator William Shaw, Ronnie Lewis, Judith

Evans v. Board of Trustees of the Village of Dolton,

Illinois, Land and Lakes Company and Mayor Donald

Hart - The Board found that the local siting authority’s

decision granting local siting approval for a proposed

Cook County pollution control facility (landfill) was not

---

January/February, 1997

ENVIRONMENTAL REGISTER No. 512

17

against the manifest weight of the evidence and affirmed

the local that approval. Board Member M. McFawn

concurred.

97-78

DeKalb Sanitary District v. EPA - The Board

granted this DeKalb County facility a variance from

certain carbonaceous biochemical oxygen and total

suspended solids effluent discharge requirements of the

water pollution control regulations, subject to conditions.

Board Member Kathleen K. Hennessey abstained.

97-85

People of the State of Illinois v. East Riverdale

Gravel Company - The Board accepted a stipulation and

settlement agreement in this mine and water enforcement

action against a McHenry County facility, ordered the

respondent to pay a civil penalty of $2,500, and ordered

it to cease and desist from further violation. Board

Member Kathleen K. Hennessey abstained.

97-107

People of the State of Illinois v. Atwood

Industries, Inc. - The Board accepted a stipulation and

settlement agreement in this EPRCA enforcement action

against a Winnebago County facility, ordered the

respondent to pay a civil penalty of $8,600, and ordered

it to cease and desist from further violation.

97-123

Illinois Power Company (Baldwin Power

Station) v. EPA - Upon receipt of an Agency

recommendation, the Board granted this Randolph

County facility a 45-day provisional variance, subject to

conditions, from certain total suspended solids effluent

discharge requirements of the water pollution control

regulations during repairs of the petitioner’s wastewater

treatment plant. Board Member Kathleen K. Hennessey

abstained.

AC 97-22

County of Will v. Citiwaste Inc., and Allied

Waste Industries - The Board granted voluntary dismissal

of this administrative citation against a Will County

facility.

AC 97-42

EPA v. Sharon Tondina - The Board entered

a default order, finding that this Iroquois County

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

ordering her to pay a civil penalty of $500.

AC 97-43

County of Jackson v. James Qualls - The

Board entered a default order, finding that this Jackson

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

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

a civil penalty of $1,500.

N

N

ew Cases 12/5/96

ew Cases 12/5/96

97-76

Regent Investment Corporation v. EPA - The

Board accepted this underground storage tank appeal

involving a Cook County facility for hearing.

97-91

Land and Lakes Company v. EPA - The Board

accepted this request for an extension of time to file a

land permit appeal on behalf of a Will County facility.

97-92

People of the State of Illinois v. Victor G.

Heurman - The Board received this water enforcement

action against a Peoria County facility for hearing.

97-93

People of the State of Illinois v. Ashland, Inc. -

The Board received this air enforcement action against a

Cook County facility for hearing.

97-94

Jerry Austman and Theresa Strahm v. Amoco Oil

Company - The Board held this citizen's underground

storage tank enforcement action against a Livingston

County facility for a frivolous and duplicitous

determination.

97-95

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

The Board received this air and land enforcement action

against a Whiteside County facility for hearing.

97-96

Shell Oil Company v. EPA - The Board accepted

this underground storage tank appeal involving a DuPage

County facility for hearing.

97-97

OK Service Center v. EPA - The Board accepted

this request for an extension of time to file a underground

storage tank appeal on behalf of a Cook County facility.

97-98

City of Belleville v. EPA -

See Final Actions.

AC 97-43

County of Jackson v. James Qualls - The

Board received an administrative citation against a

Jackson County respondent.

N

N

ew Cases 12/19/96

ew Cases 12/19/96

97-99

Shell Oil Company v. EPA - The Board accepted

this waterwell setback exception appeal involving a Cook

County facility for hearing.

97-100

Farmers State Bank, Pittsfield, Illinois v. Phillips

Petroleum Company - The Board held this citizen's land

---

ENVIRONMENTAL REGISTER No. 512 January/February,

1997

18

and water enforcement action against a Pike County

facility for a frivolous and duplicitous determination.

97-101

People of the State of Illinois v. Louis Berkman

Company - The Board received this air enforcement

action against a Ogle County facility for hearing.

97-102

Borden Chemicals and Plastics Operating

Limited Partnership v. EPA - The Board held this

petition on behalf of a Sangamon County facility for a

declaration that certain thermal stream water quality

requirements of the water pollution control regulations

do not apply to its discharges and a variance from certain

other thermal stream water quality requirements for the

Agency recommendation.

97-103

People of the State of Illinois v. State Oil

Company, William Anest, individually, f/d/b/a S & S

Petroleum Products, Peter Anest, individually, f/d/b/a S

& S Petroleum Products, Charles Abraham, Josephine

Abraham. and Milstream Service, Inc. - The Board

received this land and water enforcement action against a

McHenry County facility for hearing.

97-105

Continental Waste Industries of Illinois, Inc. v.

EPA - The Board accepted this underground storage tank

appeal involving a Coles County facility for hearing.

97-106

CP Clare Corporation v. EPA -

See Final

Actions.

97-107

People of the State of Illinois v. Atwood

Industries, Inc. - Upon receipt of a proposed stipulation

and settlement agreement and an agreed motion to

request relief from the hearing requirement in this

EPCRA enforcement action against a Winnebago County

facility, the Board ordered publication of the required

newspaper notice.

97-108

United States Tobacco Manufacturing Co. v.

EPA -

See Final Actions.

97-109

Covelli’s A-1 Service 76 v. EPA - The Board

accepted this request for an extension of time to file a

underground storage tank appeal on behalf of a Kane

County facility.

R97-17

Exemptions from Definitions of VOM, USEPA

Amendments (July 1, 1996 through December 31,1996) -

The Board reserved this routine docket for any identical-

in-substance updates to the definition of volatile organic

material that USEPA may have adopted in the period

July 1 through December 31, 1996. -

See Rulemaking

Update.

R97-18

SDWA Update, USEPA Regulations (July 1

through December 31,1996 - The Board reserved this

routine docket for any identical-in-substance updates to

the Safe Drinking Water Act regulations that USEPA

may have adopted in the period July 1 through December

31, 1996. -

See Rulemaking Update.

R97-19

UIC Update, USEPA Regulations (July 1

through December 31,1996 - The Board reserved this

routine docket for any identical-in-substance updates to

the underground injection control regulations that

USEPA may have adopted in the period July 1 through

December 31, 1996. -

See Rulemaking Update.

R97-20

RCRA Subtitle D Update, USEPA Regulations

(July 1 through December 31, 1996 - The Board reserved

this routine docket for any identical-in-substance updates

to the RCRA Subtitle D non-hazardous municipal solid

waste landfill regulations that USEPA may have adopted

in the period July 1 through December 31, 1996. -

See

Rulemaking Update.

R97-21

RCRA Subtitle C Update, USEPA Regulations

(July 1, 1996 through December 31, 1996) - The Board

reserved this routine docket for any identical-in-

substance updates to the RCRA Subtitle C hazardous

waste management regulations that USEPA may have

adopted in the period July 1 through December 31, 1996.

-

See Rulemaking Update.

R97-22

UST Update, USEPA Regulations (July 1, 1996

through December 31,1996 - The Board reserved this

routine docket for any identical-in-substance updates to

the RCRA Subtitle I underground storage tank

regulations that USEPA may have adopted in the period

July 1 through December 31, 1996. -

See Rulemaking

Update.

R97-23

Wastewater Pretreatment Update, USEPA

Regulations (July 1, 1996 through December 31,1996 -

The Board reserved this routine docket for any identical-

in-substance updates to the Clean Water Act wastewater

pretreatment regulations that USEPA may have adopted

in the period July 1 through December 31, 1996. -

See

Rulemaking Update.

---

January/February, 1997

ENVIRONMENTAL REGISTER No. 512

19

N

N

ew Cases 1/9/97

ew Cases 1/9/97

97-86

IMC AgriBusiness (formerly New Baden/Vigoro

Industries) v. EPA - The Board accepted this

underground storage tank appeal on behalf of a Clinton

County facility for hearing.

97-88

Laidlaw Waste Systems, Inc. v. EPA - The Board

accepted this land permit appeal on behalf of a Coles

County facility for hearing.

97-104

Continental Waste Industries of Illinois, Inc. v.

EPA - The Board accepted this request for an extension

of time to file a land permit appeal on behalf of this

Jefferson County facility.

97-110

People of the State of Illinois v. Meto-Grafics,

Inc. - The Board received this RCRA Subtitle C

enforcement action against a McHenry County facility for

hearing.

97-111

People of the State of Illinois v. John Prior and

Industrial Salvage, Inc. - The Board received this land

and groundwater enforcement action against a Marion

County facility for hearing.

97-112

OK Service Center v. EPA - The Board accepted

this request for an extension of time to file a underground

storage tank appeal on behalf of a Cook County facility.

97-113

People of the State of Illinois v. Homin Lee d/b/a

Meisel Plating - The Board received this RCRA Subtitle

C enforcement action against a Cook County facility for

hearing.

97-114

Clow Company v EPA - The Board accepted this

request for an extension of time to file a underground

storage tank appeal on behalf of a DuPage County

facility.

97-115

People of the State of Illinois v. Citizens Utilities

Company of Illinois - The Board received this water

enforcement action against a Kane County facility for

hearing.

97-116

People of the State of Illinois v. Dixon-Marquette

Cement, Inc. - The Board received this water

enforcement action against a Lee County facility for

hearing.

97-117

People of the State of Illinois v. United Scrap

Metal, Inc. - The Board received this RCRA Subtitle C

enforcement action against a Cook County facility for

hearing.

97-118

Rock River Water Reclamation District v. EPA -

See Final Actions.

97-119

People of the State of Illinois v. G & M Total,

Inc. and George Papas, individually and as President of

G & M Total, Inc. - The Board received this underground

storage tank enforcement action against a Lake County

facility for hearing.

AC 97-44

EPA v. Tazewell Recycling and Disposal

Facility - The Board received an administrative citation

against a Tazewell County respondent.

AC 97-45

County of Vermilion v. Elvis Ford - The

Board received an administrative citation against a

LaSalle County respondent.

AC 97-46

County of LaSalle v. Ace Auto Salvage, Inc. -

The Board received an administrative citation against a

LaSalle County respondent.

N

N

ew Cases 1/23/97

ew Cases 1/23/97

97-97

OK Service v. EPA - The Board accepted this

underground storage tank fund reimbursement

determination appeal on behalf of a Cook County facility

for hearing.

97-120

Ingleside Citgo Services, Inc. v. EPA- The Board

accepted this request for an extension of time to file an

underground storage tank appeal on behalf of a Lake

County facility.

97-121

Matteson WHP Partnership v. James W. Martin

and Eva D. Martin, individually and d/b/a Martin's of

Matteson - The Board held this citizen's land and water

enforcement action against a Cook County facility for a

frivolous and duplicitous determination.

97-122

Shell Oil Company 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 for hearing.

97-123

Illinois Power Company (Baldwin Power

Station) v. EPA -

See Final Actions.

R97-24

In the Matter of: 9% ROP Plan Control

Measures from VOM Emissions- Tightening Cold

---

ENVIRONMENTAL REGISTER No. 512 January/February,

1997

20

Cleaning Requirements: Amendments to 35 Ill. Adm.

Code Parts 211, 218 and 219, Subpart E - The Board

accepted a Section 28.5 “fast-track” rulemaking proposal

from the Agency that would amend the air pollution

control regulations that would initiate compliance with

the federally-required three percent per annum reductions

in volatile organic material emissions in the Chicago

Metropolitan area, and the Board proposed the Agency-

submitted proposed amendments for First Notice

publication in the

Illinois Register

without substantive

review. -

See Rulemaking Update.

C

C

ALENDAR OF HEARINGS

ALENDAR OF HEARINGS

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

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

Date & Time

Case # & Type

Case Name and Location

02/21/97

11:00 AM

AC 97-017

AC

County of Will v. Mitch Pinnick (County Case No. WC 96- AC 13) - Will County

Courthouse, Grand Jury Room 200, 14 West Jefferson Street, Joliet, Illinois

60432

02/26/97

10:30 AM

PCB 97-105

UST-FRD

Tri Star Marketing, Inc. v. IEPA - Mattoon City Hall, Courtroom,208 North 19th

Street, Mattoon, Illinois 61938

03/03/97

10:00 AM

PCB 95-091

RCRA-E

People of the State of Illinois v. Bell Sports, Inc. and Waste Hauling Landfill,

Inc., and Waste Hauling, Inc., Respondents; Waste Hauling Landfill, Inc. and

Waste Hauling, Inc. as Cross-claimants v. Bell Sports, Inc. as Cross-respondent -

Illinois State Library, Author's Room, Hollow Square, 300 South Second Street,

Springfield, Illinois 62948

03/04/97

10:00 AM

R97-024

R, Air

In the Matter of : 9% ROP Plan Control Measures from VOM Emissions-

Tightening Cold Cleaning Requirements: Amendments to 35 Ill. Adm. Code

Parts 211, 218 and 219, Subpart E - James R Thompson Center, 100 West

Randolph, Suite 11-500, Chicago, Illinois

03/11/97

10:00 AM

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

03/12/97

10:00 AM

PCB 97-008

L-E, Tires

People of the State of Illinois v. Canton Industrial Corporation - Illinois Pollution

Control Board, Suite 402, 600 South Second Street, Springfield, Illinois 62948

03/13/97

10:30 AM

PCB 96-233

L&GW-E

People of the State of Illinois v. ESG Watts, Inc. - Mercer County Courthouse,

Small Courtroom, Third Floor, 100 South East Third Street, Aledo, Illinois

61231

03/18/97

10:00 AM

PCB 97-111

L&GW-E

People of the State of Illinois v. John Prior and Industrial Salvage, Inc. - Illinois

Pollution Control Board, Suite 402, 600 South Second Street, Springfield, Illinois

62948

04/01/97

10:00 AM

R97-024

R, Air

In the Matter of : 9% ROP Plan Control Measures from VOM Emissions-

Tightening Cold Cleaning Requirements: Amendments to 35 Ill. Adm. Code

Parts 211, 218 and 219, Subpart E - James R Thompson Center,100 West

Randolph, Suite 11-500, Chicago, Illinois

04/14/97

10:00 AM

PCB 94-256

L-E, Citizens

DoALL Company, DoALL Credit Corporation, and The Rams-Head Company v.

Skokie Valley Asphalt Company, Inc. - James R. Thompson Center, Suite 11-

500, 100 West Randolph Street, Chicago, Illinois 60601

04/15/97

10:00 AM

R97-024

R, Air

In the Matter of : 9% ROP Plan Control Measures from VOM Emissions-

Tightening Cold Cleaning Requirements: Amendments to 35 Ill. Adm. Code

Parts 211, 218 and 219, Subpart E - James R Thompson Center, 100 West

Randolph, Suite 11-500, Chicago, Illinois

---

January/February, 1997

ENVIRONMENTAL REGISTER No. 512

21

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

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

DIVISION OF WATER POLLUTION CONTROL

RESTRICTED STATUS LIST

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

tions, the Illinois EPA has prepared the following list of facilities which are on Restricted Status. Restricted

Status is defined as the Agency determination that a sewer or lift station has reached hydraulic capacity or that a

sewage treatment plant has reached design capacity, such that additional sewer connection permits may no longer be

issued without causing a violation of the Act or Regulations. Please note that the list is continually being

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

facility or transport system, please contact this Agency for a final determination. This listing reflects the

status as of December 31, 1996.

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

which resulted in imposition of Restricted Status. Facilities followed by a double asterisk (**) are additions to

the list.

REMAINING

FACILITY NAME

RESPONSIBLE AUTHORITY

COUNTY

CAPACITY

Astoria-Washington and Lincoln

Town of Astoria

Fulton

0

St. Overflow; Adams & State

St. Overflow**

Athens STP

City of Athens

Menard

0

Bourbonnais (Belle Aire Subd.)

Village of Bourbonnais

Kankakee

0

Camelot Utilities - Wastewater

Camelot Utilities

Will

0

Collection System

Camp Point (a portion mh 60-68)

Village of Camp Point

Adams

0

Candlewick Lake STP

Consumer Ill. Water Co.

Boone

0

Chapin (North and South Main

Village of Chapin

Morgan

0

Terminal L.S.)

Clearview S.D.

Clearview S.D.

McLean

0

East Alton STP

City of East Alton

Madison

0

Farmington

City of Farmington

Fulton

0

Maple Lawn Homes STP

Maple Lawn Homes

Woodford

0

---

ENVIRONMENTAL REGISTER No. 512 January/February,

1997

22

Port Byron STP

Village of Port Byron

Rock Island

0

Riverton (Sewer System-Partial)

Village of Riverton

Sangamon

0

Rosewood Heights S.D. - Ninth

Rosewood Heights S.D.

Madison

0

Street LS

Round Lake Beach - Oaktree Subd. America Today, Inc.

Lake

0

Pumping Sta.**

Sullivan Lake Development STP

Lake Development

Lake

0

Taylorville Shawnee Ave. Pump

City of Taylorville

Christian

0

Station

Utilities Unlimited

Utilities Unlimited

Will

0

Virden (Sewer System-Partial)

Virden S.D.

Macoupin

0

Washington (Devonshire Estates)

City of Washington

Tazewell

0

Washington (Rolling Meadows)

City of Washington

Tazewell

0

Watseka STP

City of Watseka

Iroquois

0

Deletions from previous Quarterly Report: Canton - S.S. Surcharging; Lake Zurich - Knollwood, Minonski, Main Ls's

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

DIVISION OF WATER POLLUTION CONTROL

CRITICAL REVIEW LIST

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

tions, the Illinois Environmental Protection Agency has prepared the following list of facilities which are on

Critical Review. Critical Review as defined as the Agency determination that a sewer or lift station is approaching

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

connection permit applications will require close scrutiny to determine whether issuance would result in a violation

of the Act or Regulations. Please note that these lists are continually being revised to reflect the current

situation. Therefore, if you have any questions on the capability of a treatment facility or transport system,

please contact the Agency for a final determination. This listing reflects the status as of December 31, 1996.

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

PE ADDED

FACILITY

RESPONSIBLE

REMAINING

SINCE

NAME

AUTHORITY

COUNTY

CAPACITY

LAST LIST

Beardstown Sanitary Dist.**

City of Beardstown

Cass

1,828

0

Benton-Southeast STP

City of Benton

Franklin

60

0

Bethalto (L.S. #1)

Village of Bethalto

Madison

87

0

Bolingbrook STP 2

Village of Bolingbrook

Will

630

0

Braidwood STP

City of Braidwood

Will

294

78

Carrier Mills

Village of Carrier Mills

Saline

836

0

Carrollton

City of Carrollton

Greene

140

0

Chester

City of Chester

Randolph

26

0

Citizens Utilities of Ill.

Citizens Utilities of Ill.

Will

0

0

Derby Meadows Utility Co.

STP

Citizens Utilities of Ill.

Citizens Utilities of Ill.

Will

10

0

River Grange**

Creve Coeur

Village of Creve Coeur

Tazewell

2,330

0

Downers Grove Sanitary Dist.

Downers Grove S.D.

DuPage

7,534

43

Earlville

City of Earlville

LaSalle

201

14

East Dundee STP

Village of E. Dundee

Kane

933

50

Elkville

Village of Elkville

Jackson

6

0

Findlay

Village of Findlay

Shelby

60

0

Herrin

City of Herrin

Williamson

0

504

Herscher

Village of Herscher

Kankakee

300

0

Highland STP

City of Highland

Madison

312

190

---

January/February, 1997

ENVIRONMENTAL REGISTER No. 512

23

Hoopeston

City of Hoopeston'

Vermilion

0

0

CLPWD-Deerfield Rd.

County of Lake Public Works

Lake

***

0

Interceptor

Department

CLPWD-Diamond-Sylvan STP

County of Lake Public Works

Lake

248

0

Department

Lake Barrington Homeowners

LBHOA

Lake

80

0

Assn. STP

Lake in the Hills S.D.

Village of Lake in the Hills

McHenry

0

813

Manhattan

Village of Manhattan

Will

810

0

McHenry - South STP & Green

City of McHenry

McHenry

To Be Determined

0

Milan

Village of Milan

Rock Island

1,122

0

Moline (North Slope)

City of Moline

Rock Island

1,151

0

Mundelein STP

Village of Mendelein

Lake

0

213

O'Fallon

City of O'Fallon

St. Clair

327

249

Orangeville

Village of Orangeville

Stephenson

0

0

Paris STP

City of Paris

Edgar

1,909

95

Pearl City

Village of Pearl City

Stephenson

0

0

Rock Island (Main)

City of Rock Island

Rock Island

4,896

0

Round Lake-Rosewood Sewage

Village of Round Lake

Lake

97

0

Pumping Station**

Thompsonville STP

Village of Thompsonville

Franklin

35

0

Deletetions from previous quarterly report: None

***Contact IEPA - Permit Section

MM:sp5439c/2-5

Illinois Environmental Protection Agency

Division of Public Water Supplies

Restricted Status List -- Public Water Supplies

The Restricted Status List was developed to give additional notification to officials of public water supplies which

are in violation of 35 Ill. Adm. Code, Subtitle F: Public Water Supplies, Chapter I or the Illinois Environmental

Protection Act.

The Restricted Status List will include all Public Water Supplies for which the Agency has information indicating a

violation of any of the following requirements: Finished water quality requirements of 35 Ill. Adm. Code, Part 604,

Subparts B and C; maintenance of adequate pressure on all parts of the distribution system under all conditions of

demand; meeting raw water quantity requirements of 35 Ill. Adm. Code 604.502; or maintenance of treatment facilities

capable of providing water "assuredly adequate in quantity" as required by Section 18 of the Illinois Environmental

Protection Act.

A public water supply on the Restricted Status List will not be issued permits for water main extensions, except for

certain limited situations, or unless the supply has been granted a variance from the Illinois Pollution Control

Board for the violation, or from permit issuance requirements of Section 39 of the Act.

This list is continually being revised as new information becomes available, and therefore, specific inquiries as to

the status of any public water supply should be directed to the Division of Public Water Supplies for final

determination. This list reflects the status as of January 1, 1997.

*

Indicates public water supplies which have been added to the list since the previous publication.

**

Indicates actions are being taken by officials to bring the public water supply into compliance.

RDS:sp/0046g/2

---

ENVIRONMENTAL REGISTER No. 512 January/February,

1997

24

Illinois Environmental Protection Agency

Division of Public Water Supplies

Restricted Status List -- Public Water Supplies

January, 1997

POP.

LISTING

NAME OF PUBLIC WATER SUPPLY/COUNTY/FACILITY NO.

RGN

NATURE OF PROBLEM

SERVED

DATE

Acorn Acres Sbdv (Lake Co. - 0975020)

2

Inadequate Pres. Tank

250

12/16/83

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

2

Inadequate Pres. Tank

204

06/15/93

Ashley (Washington Co. - 1890100)

6

Trihalomethane

825

06/15/92

Bahl Wtr/Pioneer Acres (JoDaviess Co. - 0855200)

1

Inad. Pres. Storage

700

12/15/93

Bardolph (McDonough - 1090050)

5

Trihalomethane

299

03/15/95

Bartmann Health Care Center (Logan Co. - 1075169)

5

Inadequate Pres. Tank

93

12/16/83

Belmont-Highwood PWD (DuPage Co. - 0435180)

2

Trichloroethylene

498

09/16/93

Benld (Macoupin Co. - 1170050)

5

Atrazine

1,634

09/16/96

Beverly Mnr Cntrl Imp Assn (Tazewell Co. - 1795120)

5

Inadequate Pres. Tank

525

03/17/89

Beverly Mnr-Grant (Tazewell Co. - 1795100)

5

Inadequate Pres. Tank

610

03/20/81

Biggsville (Henderson Co. - 0710050)

5

Radium & Radiological

400

03/17/86

Blue & Gold Homeowners Assn (Winnebago Co. - 2015250)

1

Inadequate Press. Tank &

170

06/17/83

Source of Supply

Bonnie Lane Wtr (Kendall Co. - 0930010)

2

Inadequate Pres. Tank

49

09/16/93

Bradford (Stark Co. - 1750050)

1

Radium

920

03/17/86

Bradley Heights Sbdv (Winnebago Co. - 2015050)

1

Inadequate Pres. Tank

192

09/13/85

Breezeway Sbdv (Tazewell Co. - 1795150)

5

Inadequate Pres. Tank

175

09/17/82

Briar Garden Apts (Winnebago Co. - 2015190)

1

Inadequate Pres. Tank

60

12/17/82

Briarcrest Sbdv Hmownrs Assn (Lake Co. - 0971060)

2

Radium

120

12/16/92

Broadview Academy (Kane Co. - 0895149)

2

Radium

304

09/19/86

Brookview Sbdv (Peoria Co. - 1435100)

5

Nitrate

300

09/16/93

Bryant (Fulton Co. - 0570200)

5

Radium & Radiological

310

03/15/95

Buck Lake Ests Sbdv (DeKalb Co. - 0375100)

1

Inadequate Pres. Tank

200

09/14/84

Buckingham (Kankakee Co. - 0910250)

2

Inadequate Pres. Tank

330

03/17/89

Byron Woods Subdiv. (Rock Island Co. - 1610070)

1

Arsenic

75

06/17/96

Campus (Livingston Co. - 1050050)

4

Inadequate Pres. Tank

230

03/20/81

Carbon Hill (Grundy Co. - 0630100)

2

Radium & Radiological

400

08/28/96

Carroll Hts Utl Cmpny (Carroll Co. - 0155200)

1

Inadequate Pres. Tank

80

03/20/81

Century Pines Apts (Carroll Co. - 0150020)

1

Inadequate Pres. Tank

50

12/14/90

*

Channahon East (Will Co. - 1970070)

2

Radium

174

12/16/96

Cherry Vale East Apts (Winnebago Co. - 2015470)

1

Inadequate Pres. Tank

180

01/14/82

Cherry View Apts (Winnebago Co. - 2015278)

1

Inadequate Pres. Tank

60

06/17/83

Claremont Hills Subdiv. (McHenry Co. - 1115080)

2

Inadequate Pres. Tank

330

03/15/96

Clarendon Wtr Cmpny (DuPage Co. - 0435300)

2

Inadequate Pres. Tank

1,953

03/20/81

Clearview Sbdv (Will Co. - 1975360)

2

Inadequate Pres. Tank

420

01/13/82

Coalton (Montgomery Co. - 1350100)

5

Low System Pressure &

325

03/20/81

Trichloroethylene

Coffeen (Montgomery Co. - 1350150)

5

Trihalomethane

800

03/17/92

Community Srvc Corp (McHenry Co. - 1115350)

2

Inadequate Pres. Tank

750

09/16/83

Coulterville (Randolph Co. - 1570150)

6

Trihalomethane

1,100

09/16/96

Cropsey Cmnty Wtr (McLean Co. - 1135150)

4

Inadequate Pres. Tank

60

03/20/81

Crystal Clear Wtr Cmpny (McHenry Co. - 1115150)

2

Inadequate Pres. Tank

900

09/16/88

Crystal Heights Assn (McHenry Co. - 1115150)

2

Inadequate Pres. Tank

93

06/17/96

Ctzns Liberty Ridge Dvn (DuPage Co. - 0435650)

2

Inadequate Pres. Tank

2,510

03/15/94

Ctzns Lombard Heights Dvn (DuPage Co. - 0435700)

2

Inadequate Pres. Tank

980

12/17/82

Ctzns Marina Village (Kendall Co. - 0935100)

2

Inadequate Pres. Tank

2,200

03/16/90

D and R Apts (Champaign Co. - 0190030)

4

Inadequate Pres Tank

26

09/16/93

Deering Oaks Sbdv (McHenry Co. - 1115200)

2

Inadequate Pres. Tank

60

12/17/82

DeKalb Univ Dvl Corp (DeKalb Co. - 0375148)

1

Inadequate Pres. Tank

950

12/16/92

DePue (Bureau Co. - 0110300)

1

Radium

1,725

09/16/94

DeWitt Cnty Nursing Home (DeWitt Co. - 0395129)

4

Inadequate Pres. Tank

80

06/17/83

*

Dieterich (Effingham Co. - 0490150)

4

Nitrate

568

12/16/96

---

January/February, 1997

ENVIRONMENTAL REGISTER No. 512

25

DL Well Owners Assn (Lake Co. - 0975380)

2

Inadequate Pres. Tank

125

03/18/83

Dorchester (Macoupin Co. - 1170250)

5

Atrazine

480

09/16/96

Dover (Bureau Co. - 0110350)

1

Inadequate Pres. Tank

200

05/25/81

Eagerville (Macoupin Co. - 1170300)

5

Atrazine

187

09/16/96

East Moreland Wtr Assn (Will Co. - 1975600)

2

Inadequate Pres. Tank

753

03/20/81

East Moreland Wtr Corp. (Will Co. - 1975640)

2

Inadequate Pres. Tank

135

03/15/96

Echo Lake Black IV Water Assn (Lake Co. - 0970130)

2

Inadequate Pres. Tank

50

06/15/88

Echo Lake Wtr Sys Block 7 (Lake Co. - 0975820)

2

Inadequate Pres. Tank

48

09/16/83

*

Ellis Grove (Randolph Co. - 1570200)

6

Trihalomethane

720

12/16/96

Elm Oak Mutual Wtr Sys (Lake Co. - 0975736)

2

Inadequate Pres. Tank

45

06/13/86

& Radium

Emmett Utl Inc (McDonough Co. - 1095200)

5

Inadequate Pres. Tank

39

12/17/82

Evergreen Vlg Sbdv (Rock Island Co. - 1615310)

1

Inadequate Pres. Tank

250

03/20/81

Fahnstock Court Sbdv (Peoria Co. - 1435200)

5

Inadequate Pres. Tank

30

05/25/81

Fair Acres Sbdv (Will Co. - 1975680)

2

Inadequate Pres. Tank

185

10/19/81

Fairview (Fulton Co. - 0570450)

5

Radiological, Radium &

620

03/20/81

Inadequate Pressure Tank

Farm Colony (Kendall Co. - 0935140)

2

Radium

25

03/17/86

*

Fields Hill Inpvmet Assn (LaSalle Co. - 0995150)

1

Radium

312

12/16/96

Forest Lake Addn (Lake Co. - 0975500)

2

Inadequate Pres. Tank

180

12/16/83

Fox Lawn Utl Cmpny (Kendall Co. - 0935150)

2

Radium

240

03/17/86

Frwrd-Skyline Cpy (Kane Co. - 0895030)

2

Inadequate Pres. Tank

1,300

09/19/86

Galena Knolls Sbdv (Peoria Co. - 1435300)

5

Nitrate

180

06/15/88

Garden Street Imprv Assn (Will Co. - 1975376)

2

Inadequate Pres. Tank

62

09/15/89

Gillespe (Macoupin Co. - 1170400)

5

Atrazine

3,900

09/16/96

Glenkirk Campus North (Lake Co. - 0977189)

2

Inadequate Pres. Tank

64

06/15/88

Glenkirk Campus South (Lake Co. - 0977199)

2

Inadequate Pres. Tank

36

06/15/88

Good Shepherd Manor (Kankakee Co. - 0915189)

2

Inadequate Pres. Tank

140

03/17/89

Great Oaks & Beacon Hls Apts (Winnebago Co. - 2015488)

1

Inadequate Pres. Tank

943

12/17/82

Hawthorn Woods (Lake Co. - 0970450)

2

Inadequate Pres. Tank

800

03/15/95

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

1

Inadequate Pres. Tank

32

09/17/82

Hazelwood 2nd Addn Well 2 (Henry Co. - 0735666)

1

Inadequate Pres. Tank

32

09/17/82

Hazelwood 2nd Addn Well 3 (Henry Co. - 0735686)

1

Inadequate Pres. Tank

32

09/17/82

Heatherfield Sbdv (Grundy Co. - 0635150)

2

Inadequate Pres. Tank

91

09/17/82

Hettick (Macoupin Co. - 1170500)

5

Atrazine

250

03/15/95

Highland Lake Sbdv (Lake Co. - 0975750)

2

Inadequate Pres. Tank

294

03/20/81

Highland Sbdv (Kane Co. - 0895530)

2

Inadequate Pres. Tank

50

09/16/83

Hillview Sbdv (Will Co. - 1975800)

2

Inadequate Pres. Tank

99

03/15/85

Homeowners Assn of Four Lakes Subdiv. (LaSalle - 0995110) 1

Radium

5

09/19/88

Hopewell (Marshall Co. - 1235150)

1

Radiological

350

09/15/95

Huntley Cmnty Sbdv (Will Co. - 1975840)

2

Inadequate Pres. Tank

48

03/16/84

Ill. Prairie Est. Sbdv (LaSalle Co. - 0995300)

1

Radium

45

06/15/88

Ingalls Park Sbdv (Will Co. - 1975880)

2

Inadequate Pres. Tank

690

09/16/83

Island Lake Wtr Cmpny (Lake Co. - 0975080)

2

Iron

2,250

06/15/90

Joy (mercer Co. - 1310100)

1

Inadequate Source

495

09/16/96

Kaho (Macoupin Co. - 1170030)

5

Atrazine

847

09/16/96

Kangley (LaSalle Co. - 0990250)

1

Radium

300

09/16/96

Kingston Mines (Peoria Co. - 1430450)

5

Radium & Radiological

350

03/17/86

Kinsman (Grundy Co. - 0630450)

2

Radium

150

03/17/86

Kirkwood (Warren Co. - 1870050)

5

Radium & Radiological

1,008

07/23/93

Ladd (Bureau Co. - 0110450)

1

Radium

1,350

10/04/85

Lake Lynwood Wtr Sys (Henry Co. - 0735330)

1

Inadequate Pres. Tank

98

08/31/81

Lakeview Sbdv (Whiteside Co. - 1955150)

1

Inadequate Pres. Tank

146

03/20/81

Lakewood Shores Imprv Assn (Will Co. - 1975930)

2

Radium

93

03/17/86

Lakewood Wtr Sys (Lake Co. - 0975400)

2

Inadequate Pres. Tank

49

12/16/83

Larchmont Sbdv (Winnebago Co. - 2015290)

1

Inadequate Pres. Tank

106

06/17/83

Larson Court Rentals (Rock Island Co. - 1615728)

1

Inadequate Pres. Tank

48

01/14/82

Legend Lakes Wtr Assn (Winnebago Co. - 2015300)

1

Inadequate Pres. Tank

225

03/14/91

Lemon Street Well Cmpny (Rock Island Co. - 1615550)

1

Inadequate Pres. Tank

470

03/20/81

Liberty Park Homeowners Assn (DuPage Co. - 0435600)

2

Inadequate Pres. Tank

1,092

09/17/92

Lindenwood Wtr Assn (Ogle Co. - 1415300)

1

Inadequate Pres. Tank

50

01/13/82

---

ENVIRONMENTAL REGISTER No. 512 January/February,

1997

26

Lisbon North Inc (Grundy Co. - 0631000)

2

Inadequate Pres. Tank

30

09/14/90

Little York (Warren Co. - 1870100)

5

Radium & Radiological

356

12/16/91

London Mills - (Fulton County - 0574620)

5

Inadequate Pres. Tank

670

12/14/84

Lostant (LaSalle Co. - 0990450)

1

Radium

550

03/17/86

Lynn Cntr (Henry Co. - 0735100)

1

Inadequate Pres. Tank

147

03/15/95

Lynnwood Water Corp (LaSalle Co. - 0995336)

1

Inadequate Pres. Tank

114

03/18/83

M C L W Sys Inc (Mercer Co. - 1315150)

1

Inadequate Source

100

03/20/81

Maple Hill Imprv Assn (DuPage Co. - 0435800)

2

Inadequate Pres. Tank &

234

08/31/81

Trichloroethylene

Maple Leaf Ests Wtr Corp (Monroe Co. - 1335100)

6

Inadequate Pres. Tank

39

03/20/81

*

Marseilles (LaSalle Co. - 0990500)

1

Radium

4,700

12/16/96

Mayfair Sbdv (Tazewell Co. - 1795750)

5

Inadequate Pres. Tank

150

03/16/90

Mound PWD (St. Clair Co. - 1635050)

6

Inadequate Plant Capacity 1,800

06/17/96

Mount Carroll (Carroll Co. - 0150200)

1

Radium

1,726

12/15/95

Mount Clare (Macoupin Co. - 1170650)

5

Atrazine

297

09/16/96

Mount Gilead Shcrhm (Greene Co. - 0615129)

6

Inadequate Pres. Tank

28

09/16/83

Naplate (LaSalle Co. - 0990600)

1

Radium

560

03/15/96

Nauvoo (Hancock Co. - 0670500)

5

Trihalomethane

1,200

8/13/93

Neponset (Bureau Co - 0110700)

1

Radium & Radiological

640

09/14/90

Northside Peterson Wlfnd (DuPage Co. - 0435866)

2

Inadequate Pres. Tank

30

12/15/89

Northwest Belmont Imprv Assn (DuPage Co. - 0435900)

2

Inadequate Pres. Tank

115

09/29/81

Oak Ridge Sndst (Woodford Co. - 2035300)

1

Inadequate Pres. Tank

240

03/20/81

Oakview Avenue Wtrwks Inc (Will Co. - 1977210)

2

Inadequate Pres. Tank

350

03/20/81

Odell (Livingston Co. - 1050550)

4

Radium

1,100

03/17/86

Olivet Nazarene College (Kankakee Co. - 0915279)

2

Inadequate Pres. Tank

1,450

03/15/94

Ophiem PWS (Henry Co. - 0735150)

1

Inadequate Pres. Tank

150

06/18/82

Osco Mutual Wtr Supply Cpy Inc (Henry Co. - 0735200)

1

Inadequate Pres. Tank

115

12/15/89

Park Crest Wtr Cmpny (Stephenson Co. - 1775100)

1

Inadequate Pres. Tank

1,200

09/14/84

Park Road Wtr Assn (Will Co. - 1977330)

2

Inadequate Pres. Tank

60

12/17/82

Park View Wtr Corp (Kane Co. - 0895500)

2

Inadequate Pres. Tank

150

12/17/82

Plum Creek Condos (Cook Co. - 0317080)

2

Radium

570

03/17/86

Polo Drive & Saddle Rd Sbdv (DuPage Co. - 0437000)

2

Inadequate Pres. Tank

95

12/17/82

Prairie Ridge Assn (McHenry Co. - 1115730)

2

Inadequate Pres. Tank

140

03/16/90

Prairie View Wtr Assn (Tazewell Co. - 1795900)

5

Inadequate Pres. Tank

55

03/20/81

Ransom (LaSalle Co. - 0990900)

1

Radium

450

03/17/86

Reddick (Kankakee Co. - 0914780)

2

Radium

208

09/16/93

*

Retz Addn Impv Assn (LaSalle Co. - 0995400)

1

Radium

220

12/16/96

Ridgecrest North Sbdv (Grundy Co. - 0635250)

2

Inadequate Pres. Tank

85

09/16/93

Ridgewood Ledges Wtr Assn (Rock Island Co. - 1615670)

1

Inadequate Pres. Tank

475

03/20/81

Ridgewood Sbdv (Will Co. - 1977650)

2

Inadequate Pres. Tank

315

06/18/82

Rome Farms #9 (Peoria Co. - 1435500)

5

Nitrate

200

09/15/95

Salem Childrens Hm (Livingston Co. - 1055229)

4

Inadequate Pres. Tank

66

03/18/83

Save Site (St. Clair Co. - 1635289)

6

Trihalomethane

375

06/15/92

Sawyerville (Macoupin Co. - 1170850)

5

Atrazine

570

09/16/96

Subdv Wtr Trust No. 1 (Kane Co. - 0895300)

2

Inadequate Pres. Tank

1,120

03/20/81

Scribner Street Sbdv (Will Co. - 1977660)

2

Inadequate Pres. Tank

50

03/18/83

Shawnita Trc Wtr Assn (Will Co. - 1977690)

2

Inadequate Pres. Tank

125

09/17/92

*

Shipman (Macoupin Co. - 1170950)

5

Atrazine & Trihalomethane

675

12/16/96

Silvis Heights Wtr Corp (Rock Island Co. - 1615750)

1

Inadequate Pres. Tank

1,680

03/20/82

Skyview Sbdv (Kankakee Co. - 0915526)

2

Inadequate Pres. Tank

65

09/14/84

Sorento (Bond Co. - 0050300)

6

Trihalomethane

750

09/16/96

South Wilmington (Grundy Co. - 0630650)

2

Radium

750

03/15/93

Spring Creek Water Assn (Macoupin Co. - 1175450)

5

Atrazine

60

09/16/96

St. Charles Cmsn Wlfnd 3 (DuPage Co. - 0437040)

2

Inadequate Pres. Tank

30

12/15/89

Standard (Putnam Co. -1550300)

1

Radium & Radiological

280

09/16/91

*

Staunton Res Rd Wtr (Macoupin Co. - 1175250)

5

Trihalomethane

70

12/16/96

Steeleville (Randolph Co. - 1570650)

6

Radium

2,305

03/17/86

Sturm Sbdv (Lake Co. - 0977010)

2

Inadequate Pres. Tank

63

03/16/84

Suburban Heights Sbdv (Rock Island Co. - 1615800)

1

Inadequate Pres. Tank

114

12/16/83

Summit Homeowners Assn (Lake Co. - 0975280)

2

Inadequate Pres. Tank

48

03/16/84

---

ENVIRONMENTAL REGISTER No. 512

27

Sunnyland Sbdv (Will Co. - 1977730)

2

Inadequate Pres. Tank

350

09/16/83

Swedona Wtr Assn (Mercer Co. - 1315200)

1

Inadequate Pres. Tank

100

06/15/90

Sylvan Lake 1st Sbdv (Lake Co. - 0977100)

2

Inadequate Pres. Tank

210

06/14/91

The Mill (Winnebago Co. - 2010040)

1

Inadequate Pres. Tank

90

12/16/94

Tindalls 3rd & 6th Addns (Rock Island Co. - 1617376)

1

Inadequate Pres. Tank

28

06/18/82

Towners Sbdv (Lake Co. - 0977250)

2

Inadequate Pres. Tank

238

01/14/82

Trivoli PWD (Peoria Co. - 1435510)

5

Inadequate Pres. Tank

350

06/17/83

Turkey Hollow Well Corp (Rock Island Co. - 1615686)

1

Inadequate Pres. Tank

32

06/18/82

Utl Inc Northern Hls Utl Cmpny (Stephenson Co. - 1775050) 1

Inadequate Pres. Tank

290

03/15/96

Utl Inc Walk-Up Woods Wtr Co. (McHenry Co. - 1115800)

2

Inadequate Pres. Tank

763

12/17/82

Vet's Place Sbdv (Peoria Co. - 1435650)

5

Nitrate & Inadequate

85

12/16/94

Pres. Tank

Wadsworth Oaks Sbdv (Lake Co. - 0977320)

2

Radium

80

09/19/86

*

Warsaw (Hancock Co. - 0670650)

5

Trihalomethane

1,882

12/16/96

Wermes Sbdv (Kane Co. - 0895750)

2

Inadequate Pres. Tank

150

12/16/88

West Shoreland Sbdv (Lake Co. - 0977050)

2

Inadequate Pres. Tank

220

06/14/91

Westfield (Clark Co. - 0230200)

4

Inadequate Water Source

700

06/15/93

*

White City (Macoupin Co. - 1171150)

5

Trihalomethane

280

12/16/96

Wilsonville (Macoupin Co. - 1171200)

5

Atrazine

609

09/16/96

Wonder Lake Water Company (McHenry Co. - 1115750)

2

Inadequate Pres. Tank

1,161

06/16/94

Woodland Hts Ests Sbdv (Peoria Co. - 1435760)

5

Inadequate Pres. Tank

245

03/20/81

Woodsmoke Ranch Assn (LaSalle Co. - 0990030)

1

Inadeq. Pres. Tank & Radium 350

06/15/90

Yates City (Knox Co. - 0950700)

5

Radium, Inadequate Pres. Tank900

03/20/81

& Radiological

York Center Coop (DuPage Co. - 0437550)

2

Inadequate Pres. Tank

240

06/15/88

2nd Street Water Assn (Lake Co. - 0971140)

2

Inadequate Pres. Tank

33

12/15/95

Public Water Supplies Removed from Previous List

Blue Mound (Macon Co. - 1150100)

Bluff Lake Lodges, Inc (Lake Co. - 0970240)

Cahokia (St. Clair Co. - 1630200)

Country Club Mnr Well 1 (Rock Island Co. - 1617286)

Croppers 2nd & 3rd Addn (Rock Island Co. - 1615200)

DeKalb (DeKalb Co. - 0370100)

Eberts 2nd Addn (Rock Island Co. - 1615280)

Hickory Hls Sbdv Assn 2 (Tazewell Co. - 1795396)

Melrose Rental Apts (Kane Co. - 0895228)

Nokomis (Montgomery Co. - 1350450)

Oakhaven Sbdv (Tazewell Co. - 1795760)

Park Hill Ests Well 1 (Rock Island Co. - 1617806)

Pleasant Village (Kane Co. - 0895228)

Rock Island Arsn (Rock Island Co. - 1615387)

Rockdale (Will Co. - 1970850)

RR 1 - Il Wtr Assn (Macoupin Co. - 1175260)

Table Grove (Fulton Co. - 0570900)

West Chicago (DuPage Co. - 0430900)

Williamson (Madison Co. - 1191100)

Illinois Environmental Protection Agency

Division of Public Water Supplies

Critical Review List -- Public Water Supplies

The Critical Review List was developed to give additional notification to officials of public water supplies which

may be close to being in violation of 35 Ill. Adm. Code, Subtitle F: Public Water Supplies, Chapter I or the

Illinois Environmental Protection Act.

A supply will be placed on the Critical Review List when Agency records indicate that it is approaching any of the

violations which would place it on the Restricted Status List.

---

ENVIRONMENTAL REGISTER No. 512 January/February,

1997

28

This list is continually being revised as new information becomes available, and therefore, specific inquiries as to

the status of any public water supply should be directed to the Division of Public Water Supplies for final

determination. This list reflects the status as of January 1, 1997.

*

Indicates public water supplies which have been added to the list since the previous publication.

**

Indicates actions are being taken by officials to bring the public water supply into compliance.

RDS:sp/0046g/4

Illinois Environmental Protection Agency

Division of Public Water Supplies

Critical Review List -- Public Water Supplies

January, 1997

POP.

LISTING

NAME OF PUBLIC WATER SUPPLY/COUNTY/FACILITY NO.

RGN

NATURE OF PROBLEM SERVED

DATE

Albers (Clinton Co. - 0270050)

6

Inadequate Plant Capacity

850

03/15/96

Baylis (Pike Co. - 1490100)

5

Source Capacity

300

09/13/85

Bluford (Jefferson Co. - 0810100)

7

Low System Pressure

465

03/20/81

Ctzns Chickasaw Hills Div (Will Co. - 1975320)

2

Low System Pressure

7,700

09/17/92

Clinton (DeWitt Co. - 0390050)

4

Inadequate Plant Capacity 7,437

06/14/91

DePue (Bureau Co. - 0110300)

1

Inadequate Treatment Plant1,930

12/15/93

Dieterich (Effingham Co. - 0490150)

4

Inadequate Source

568

03/15/94

Edwardsville (Madison Co. - 1190250)

6

Inad. Treatment Plant

30,581

12/15/93

Evansville (Randolph Co. - 1570250)

6

Plant Capacity

1,838

05/25/81

Georgetown (Vermilion Co. - 1830350)

4

Inadequate Water Plant

3,678

06/15/93

Hardin (Calhoun Co. - 0130200)

6

Low System Pressure

1,175

11/25/81

Highland Hls Sndst (DuPage Co. - 0435560)

2

Inadequate Pressure Tank

1,100

09/17/92

Homer (Champaign Co. - 0190300)

4

Inadequate Source

1,300

03/15/94

Kincaid (Christian Co. - 0210250)

5

Plant Capacity

2,640

06/14/85

McHenry Shores Wtr Cmpny (McHenry Co. - 1115020)

2

Low System Pressure

1,170

09/17/92

Patoka (Marion Co. - 1210400)

6

Inadequate Treatment Plant

820

12/15/93

Pearl (Pike Co.1490650)

5

Inadequate Pres. Tank

322

09/17/82

Pecatonica (Winnebago Co. -2010250)

1

Low System Pressure

1,830

06/15/90

South Highway PWD (Jackson Co. - 0775400)

7

Low System Pressure

8,189

06/15/92

Stockton (Jo Daviess Co. - 0850450)

1

Low System Pressure

1,900

06/15/84

Sumner (Lawrence Co. - 1010300)

7

Low System Pressure

1,553

12/13/85

Taylor Springs (Montgomery Co. - 1350650)

5

Low System Pressure

650

02/20/81

Tower Ridge Sbdv (Rock Island Co. - 1615780)

1

Inadequate Pres. Tank

70

03/15/94

Utl Inc Lake Marian Wtr Corp (Kane Co. - 0895200)

2

Low System Pressure &

800

09/14/84

Inadequate Pres. Storage

Walnut Hill (Marion Co. - 1210600)

6

Low System Pressure

1,200

06/14/85

West Liberty Dundas Wtr Dist (Richland Co. - 1595050)

7

Low System Pressure &

693

12/14/84

Inadequate Source

Wonder Lake Wtr Cmpny (McHenry Co - 1115750)

2

Inadequate Storage

1,080

12/14/90

Public Water Supplies Removed from Previous List

Carlyle (Clinton Co. - 0270300)