No. 513
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OARD DECISION
OARD DECISION
oard Finds Violation in Hog
Farm Odor Case; PCB 96-68
On February 20, 1997, the
Board took action on a citizens’
enforcement case brought by
several residents of the Village of
Kinderhook in Pike County.
Illinois. The Board found that
M’Orr Pork, Inc. violated the
Environmental Protection Act and
Board regulations in the operation
of its hog confinement facility.
Based on the evidence presented,
the Board found that the odors
from the confinement building and
outdoor waste lagoon caused
unreasonable interference with the
residents’ enjoyment of their lives
and property.
The Board’s interim order
requires M’Orr Pork, Inc. to
conduct an evaluation of measures
for controlling the odor and to
submit the findings of the evalua-
tion to the Board by May 20, 1997.
The Board will issue a final order
in this case after the findings of the
evaluation are submitted.
Direct questions to Richard McGill
at 312-814-6983 (internet address:
rmcgill@pcb084r1.state.il.us).
Request copies of Board interim
opinion and order from the Board’s
Chicago receptionist at 312-814-
3620. Refer to docket PCB 96-68.
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OARD STAFF UPDATE
OARD STAFF UPDATE
ongratulations to Board
Member Assistant Kevin
Desharnais
Congratulations are in order
for Kevin Desharnais, attorney
assistant to Board member Marili
McFawn. Kevin recently
accepted an associate position
with Mayer, Brown & Platt, a
Chicago law firm, where he will
continue to practice environmental
law.
Kevin will be greatly missed
after his three-year tenure with the
Board, in which he has handled
countless enforcement actions,
appeals, variances, adjusted
standards, and rulemakings
. He
has gone above and beyond the
call of duty as an attorney
assistant,
representing the Board in
appellate court as a special
assistant attorney general
, and
handling complex rulemakings
such as composting and Tiered
Approach to
(Cont’d on p.2)
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ulemaking Update
ulemaking Update
94-34, Landfills-Within 100-
year Floodplain, Dismissed
On February 20, 1997 the
Board adopted an opinion and
order concerning the regulation of
landfills in the 100-year floodplain.
The Board found that it could not
determine whether additional
regulations on landfills located in
the 100-year floodplain are
warranted at this time, or whether
a ban on these landfills is needed.
The Board obtained evidence on
the subject from an inquiry hearing
held in Collinsville, Illinois, on
June 28, 1995. The inquiry
hearing was held in response to a
motion filed by the Illinois
Environmental Protection Agency
on December 2, 1994, requesting
that the Board hold an inquiry
hearing on whether "landfills and
other waste treatment and transfer
facilities should be located within a
100-year floodplain."
(Cont’d on
p.4)
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EGISTER
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Inside This Issue
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Appellate Update
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Significant Federal Actions
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Final Decisions
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New Cases
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Calendar of Hearings
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TAFF update
TAFF update
(Cont’d from p.1)
Corrective Actions. The Board and staff hope that you
will join them in congratulating Mr. Desharnais on his
new position.
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oard Welcomes New Human Resource Manager
The Board welcomes Gale O’Neal to staff. Ms.
O’Neal, the Board’s new Human Resources Manager,
will be working in the Board’s Springfield office.
Ms. O’Neal has a rich history of service in the
personnel field for the State of Illinois. She has
previously worked with the Illinois Department of
Transportation and the Illinois Department of Central
Management Services
Please join the Board and staff in welcoming Ms.
O’Neal.
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ongratulations to Joe D’Alessandro
The Board and staff congratulate Joe D’Alessandro
on his promotion to Manager of Administrative Services.
Mr. D’Alessandro has served the Board as Fiscal Officer
since October of 1990, working in the Board’s Chicago
office for three years and in the Springfield office for four
years. Joe, while continuing to perform his previous role
as Fiscal Officer, will now be in charge of all adminis-
trative services for the Board.
The
Board and staff hope that you will join them in
congratulating Mr. D’Alessandro on his promotion.
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ppellate update
ppellate update
ESG WATTS, INC. v. ILLINOIS POLLUTION
CONTROL BOARD AND ILLINOIS ENVIRON-
MENTAL PROTECTION AGENCY
, consolidated
with ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY v. ILLINOIS POLLUTION CONTROL
BOARD, and ESG WATTS, INC., (Third District No. 3-
96-0533, February 6, 1997).
This case involves an appeal of the Board's decision
in PCB 94-243 (3/2/96) affirming the Agency's denial of
seven waste stream permit applications and the Agency's
appeal of a Board sanction in the same case. The
sanction required the Agency to pay Watts' costs ($1,250)
for filing a motion and reply brief necessitated by the
Agency's failure to meet the Board's briefing deadline.
The Third District (1)affirmed the Board's decision to
uphold the denial of the permits and (2)reversed the
Board's sanction of the Agency.
Watts owns three landfills in Illinois. The appeal in
this case pertained only to the Taylor Ridge Landfill site
located in Rock Island County. In 1994 Watts began
applying for renewal permits for generic waste streams
and for two new permits to receive different types of
waste at the Taylor Ridge Landfill. The Agency denied
the permits based on section 39(i)(1) of the Act. Section
39(i)(1) allows the Agency to consider the permitee's
prior experience in waste management, including any
repeated violations of the Act or regulations, federal law,
or local laws. The Agency also denied six of the seven
permits because of "technical difficulties" with the permit
applications.
As evidence of the repeated violations, the Agency
cited a circuit court action and 19 administrative citations
against Watts which took place over a seven year period.
The circuit court action concerned violations at Watt's
Sangamon Valley Landfill, not the Taylor Ridge site.
The circuit court judgment resulted in a $350,000 penalty
against Watts and took place six months before the first
denial. Only four of the administrative citation violations
took place at Taylor Ridge, of which the most recent was
issued in 1989.
Watts appealed the Agency's permit denials to the
Board and the Board upheld the denials. The Board
noted that the technical difficulties cited by the Agency
were unsupported by the record. The Board upheld the
denial based on Watt's prior history of violations.
On appeal, Watts asserted that the Agency's review
of violations which occurred at other facilities owned by
Watts was improper. The court, however, upheld the
Board's finding that Section 39(i) is operator-specific but
not facility-specific and that it is proper to consider
violations at other sites owned by the same operator.
Watts also asserted on appeal that the Board applied an
improper standard of review when looking at the
Agency's denial. Watts contended that, since Section
39(a) states that the Agency shall issue a permit upon
proof that a facility will not cause a violation of the Act,
the Board should have reviewed the Agency's decision to
see whether the Agency acted in an arbitrary and
capricious manner.
The Third District sustained the Board's finding that
the arbitrary or capricious standard was overly deferential
and inappropriate. The court stated that the Board
should review that information that the Agency relied
upon to make its decision and that the burden should be
on the petitioner to prove that it is entitled to a permit
and that the Agency's reasons for denial were either
insufficient or improper.
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Watts next argued that the Agency exercised an im-
proper pre-determination to deny the permits. Watts
contended that the Agency, before it received a response
to the letters sent to Watts explaining the potential
reasons for denials and requesting an explanation as to
why the denials would be improper (The Wells letters),
had already decided to deny the permits. (See, Wells
Manufacturing v. IEPA, 195 Ill. App. 3d 593, 552
N.E.2d 1074 (1990) which required the Agency to
provide the permit applicant with an opportunity to
submit information which would disprove the alleged
violations.) Watts argued that the sending of the Wells
letters in the instant case was a sham because the Agency
had already decided to deny the applications prior to the
responses to the Wells letter being mailed back by Watts.
The court found that the Board's decision finding that the
permit reviewer reviewed the responses and discussed
them with others at the Agency was not against the
manifest weight of the evidence.
Watts also argued on appeal that the Agency could
not meet its statutory obligation to investigate the
conduct of applicants because it did not have any
guidelines for the enforcement of Section 39(i). Watts
argued that because the Agency did not have guidelines,
the result was a discretionary application of Section 39(i)
in violation of the Equal Protection clause of the United
States Constitution. On review, the Third District
stressed that the Agency cannot be expected to adopted
procedures for every conceivable circumstance. Addi-
tionally, the court found that, although no written
procedures existed, the evaluation process used by the
Agency was sufficient. The court also noted that because
the decision by the Agency was reviewed by the Board
the "safeguards of due process" were provided. As for
the equal protection claim, the Third District found no
evidence of intentional and purposeful discrimination by
the Agency.
Although Watts failed to raise it before the Board,
the court allowed Watts to raise the issue of improper
delegation of authority on appeal. Watts argued that the
legislature's delegation of discretionary authority to the
Agency in Section 39(i) was invalid. Watts asserted that
the legislature did not provide any intelligible standards
for the Agency to follow when enforcing Section 39(i).
The court disagreed, finding instead that the legislature
provided appropriate standards to guide the Agency's use
of Section 39(i).
Watts next contended that the Agency acted improp-
erly when it considered non-adjudicated violations. The
court stated that if the Agency had relied only on the
alleged violation to deny the permit, the court would have
agreed with Watts, but the record clearly showed that the
reasons set out in the denial letters were sufficient to
support the Agency's actions. Therefore, the court found
that the permit reviewer's consideration of the non-
adjudicated violation was not prejudicial and did not taint
the Agency's decision.
In summary, the Third District found that the
Board's decision was not against the manifest weight of
the evidence and upheld the Board's decision to uphold
the Agency's denial of the seven permit applications.
Also at issue in this case was the Board's exercise of
its sanctioning authority. The Agency argued before the
court that the Board did not have the authority to impose
the sanction of attorney fees upon the Agency. The facts
involved were that after the hearing on the permit
appeals, Watts filed its post-hearing brief on January
12,1996 pursuant to the briefing schedule set out by the
hearing officer. The Agency however, failed to filed its
response brief on January 26, 1996 as required. The
Agency finally filed the brief with a motion to file
instanter on February 7, 1996. Watts moved to strike the
brief. The Board found that because this was a case of
first impression that having both briefs was desirable so
it allowed the Agency to file the brief but ordered it to
pay a sanction of $1,250 to Watts for legal expenses
incurred by Watts in its attempt to exclude the Agency's
brief.
The Third District found that the Board did not have
any specific statutory authority nor any agreement
between the parties which would allow it to order the
Agency to pay attorney's fees to Watts. The court found
that Grigoleit Co. v. Illinois Pollution Control Board, 245
Ill. App. 3d 337, 613 N.E.2d 371 (1993) was not
persuasive in this case. In Grigoleit, the court found that
attorney's fees were appropriate based on the Board's
broad discretion to impose sanctions. The Grigoleit
decision pointed to the Board's procedural rules as
evidence that it had sanctioning power. In the current
case, the court found that the Board's procedural rules did
not specifically mention attorney's fees as available as a
sanction. Therefore, the court reversed the Board's
decision ordering the Agency to pay attorney's fees to
Watts.
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making Update
(Cont’d from p.1)
Because of the broad differences of opinion at hearing on
whether landfills located in the 100-year floodplain
should be further regulated, the Board recommended that
Chairman Manning request that the Natural Resources
Coordinating Council (NRCC) appoint a committee to
study the issue. The NRCC is composed of directors and
key staff of several state agencies selected to examine and
develop environmental policies that are multi-agency in
scope.
In its opinion and order, the Board noted that dam-
age from the record floods within the past 25 years has
shown that we must reevaluate all human activities in
floodplains. While the evidence presented at the inquiry
hearing did not prove that additional regulations on
landfills located in the 100-year floodplain were war-
ranted, the Board stated that common sense and the good
use of natural resources indicate that additional regula-
tions or an outright ban may be necessary in the future.
The Board determined that it is necessary to continue to
evaluate the current regulations and public policy
surrounding the existence of landfills in the 100 year
floodplain.
Direct questions to Marie Tipsord at 312-814-4925
or 618-498-5934 (internet address: mtipsord@pcb084r1.
state.il.us). Request copies of Board orders from the
Board’s Chicago receptionist at 312-814-3620. Please
refer to docket R94-34.
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ite Remediation Program (Brownfield) Regula-
tions Proposed for First Notice, R97-11
On February 6, 1996, the Board proposed for first
notice procedures and standards for the Site Remediation
Program (SRP) which was established under Title XVII
of the Illinois Environmental Protection Act. (415 ILCS
5/58-58.12, as added by P.A. 89-431 (1995). The Illinois
Environmental Protection Agency filed a proposal with
the Board on September 16, 1996. Hearings were held
on November 25-26, 1996 in Chicago, Illinois and on
December 17-18, 1996 in Springfield, Illinois. The
Board proposes a new Part 740, Site Remediation
Program to establish procedures for the investigative and
remedial activities at sites where there is a release,
threatened release, or suspected release of hazardous
substances, pesticides or petroleum and for the review
and approval of those activities. The Board is also
amending Part 620, Groundwater Quality, to provide
consistency in cross referencing between Part 620 and the
new Part 740.
The proposed SRP is voluntary; any person perform-
ing site investigation or remediation may elect to proceed
under the SRP. The proposed rule requires the Reme-
diation Applicant (RA) to submit an application and
enter a service agreement with the Agency before
performing a site investigation. If contamination is
discovered, the RA must propose remedial objectives.
Further, if remediation is necessary to achieve compli-
ance with the objectives, the RA must propose a remedial
action plan. After the plan is approved by the Agency,
the RA must submit a remedial action completion report
to show that the objectives have been achieved. The
Agency will issue a No Further Remediation (NFR)
Letter upon approval of the completion report. The NFR
Letter is considered to be prima facie evidence that the
site does not constitute a threat to human health and the
environment.
The proposal establishes a program which is designed
to ensure cleanup of contaminated property in Illinois
based on an analysis of risks associated with current and
future uses of the site. The proposed SRP provides
incentives to cleanup abandoned or under-used property
within the State of Illinois.
The proposal for first notice of the SRP appeared in
the Illinois Register on February 21, 1997 at 21 Ill. Reg.
2571. The related amendments to the groundwater
quality standards were printed at 21 Ill. Reg. 2562.
Comments on the proposal should be filed with the Board
on or before April 7, 1997.
Direct questions to Amy Hoogasian at 312-814-8917
(internet address: ahoogasi@pcb084r1.state.il.us).
Request copies of Board orders from the Board’s Chicago
receptionist at 312 814-3620. Please refer to docket R97-
11.
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erchloroethylene Exempted from Definition of
VOM, R96-16
On February 6, 1997, the Board adopted an amend-
ment to the definition of VOM at 35 Ill. Adm. Code
211.7150 in Docket R96-16. The amendment added
perchloroethylene to the list of chemical compounds that
are exempted from the definition of VOM. This action
exempts perchloroethylene from reasonably available
control technology (RACT) regulation due to its negligi-
ble photochemical reactivity. This action is identical to
the revision in the federal amendment that appeared at
61 Fed. Reg. 4588 (February 7, 1996). Board Member J.
Theodore Meyer dissented.
A notice of proposed amendment appeared in the
Illinois Register on November 1, 1996 at 20 Ill. Reg.
14116. A hearing on the matter was held in Chicago on
November 20, 1996. During the public comment period,
the Board received three public comments. The adopted
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amendment appeared in the Illinois Register on February
21, 1997 at 21 Ill. Reg. 2641.
Direct questions to Amy Muran at 312-814-7011
(internet address: amuran@pcb084r1.state.il.us).
Request copies of Board orders from the Board’s Chicago
receptionist at 312 814-3620. Please refer to docket R96-
16.
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SIGNIFICANT FEDERAL ACTIONS
IGNIFICANT FEDERAL ACTIONS
nited States Environmental Protection Agency
Approves Illinois State Implementation Plan for
Shipbuilding and Aerospace Industries
On October 11, 1996, Illinois submitted a negative
declaration regarding the need for rules controlling air
emissions from sources in two classifications. The two
categories are “Shipbuilding and Ship Repair Industry”
or “Marine Coating” and “Aerospace Manufacturing and
Rework Industry” or “Aerospace Coatings”. The
declaration indicates that the State of Illinois has
determined that there are no major sources in these
categories in Illinois’ ozone nonattainment areas. The
United States Environmental Protection Agency
(USEPA) approved Illinois’ finding that no additional
control measures are needed and adopted the approval as
direct final rules on February 11, 1997. Approval of the
plan for the shipbuilding industry was published on
February 11, 1997 at 62 Fed. Reg. 6126. The aerospace
industry approval was also published on February 11 at
62 Fed. Reg. 6127. Comments on the direct final rules
can be submitted to the USEPA through March 13, 1997.
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lean Air: NOx and Other Emission Standards for
Locomotives and Locomotive Engines
USEPA proposed rules for the control of emissions
from locomotives and engines used in locomotives on
February 11, 1997 at 62 Fed. Reg. 6365. The primary
focus of the proposal is on reduction of the emissions of
oxides of nitrogen. The proposed rules also include
standards for the emissions of hydrocarbons, carbon
monoxide, particular matter and smoke. The proposal
includes provisions to implement the standards and to
ensure that the standards are met in-use. The provisions
include certification test procedures, and assembly line
and in-use compliance testing programs. The proposal
also includes an emission averaging, banking, and
trading program. USEPA is also proposing regulations
that would preempt certain state and local requirements
relating to the control of emissions from new locomotives
and new locomotive engines. The proposed rule is
required by section 213(a)(5) of the Clean Air Act (CAA)
(42 U.S.C.A 7401 et. seq.). A public hearing is sched-
uled for March 13, 1997. Comments on the proposed
rules can be submitted to the USEPA through April 14,
1997. This rule, if adopted by USEPA, 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 Environmental Protection
Act (Act) (415 ILCS 5/28.5).
ater Quality: Draft Total Maximum Daily Load
(TMDL) Program Implementation Strategy
Issued
On February 5, 1997 at 62 Fed. Reg. 5392, USEPA
announced the availability of a Draft TMDL Program
Implementation Strategy and requested public comment
on the draft. The draft explains USEPA’s vision,
priorities and steps that USEPA will take to help States
meet the program requirements. The TMDL program
addresses waters that do not meet State water quality
standards even after pollution sources have implemented
required pollution controls. A TMDL allocates pollutant
loadings among pollution sources in a watershed, and is
a basis for taking the actions needed to restore a water-
body. Comments on the draft should be submitted to
USEPA before May 5, 1996.
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oxics: Revocation of Significant New Use Rule
USEPA has revoked some and proposes to revoke
other significant new use rules (SNUR) promulgated
under 5(a)(2) of the Toxic Substances Control Act. On
February 4, 1997 at 62 Fed. Reg. 5157, USEPA revoked
the SNUR for substituted cyclohexyldiamino ethyl esters.
This final rule is effective on March 6, 1997. Also on
February 4, 1997 at 62 Fed. Reg. 5196, USEPA proposed
revoking the SNUR for aliphatic ester. Comments on
this proposal can be submitted to the USEPA by March 6,
1997. On February 11, 1997 at 62 Fed. Reg. 6160,
USEPA proposed revoking the SNUR for
alkenoic acid,
trisubstituted-benzyl-disubstituted-phenyl ester and
alkenoic acid, trisubstituted-phenylalkyl-
disubstituted-phenyl ester. Comments on this proposal
must be received by the USEPA before March 13,
1997.
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ulfur Dioxide Measurement: Equivalent Meas-
urement Method Designated
On February 14, 1997 at 62 Fed. Reg. 6968 in
accordance with 40 CFR part 53, USEPA designated
another equivalent method for the measurement of
ambient concentrations of sulfur dioxide. The new
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equivalent method is an automated method (analyzer)
that utilizes a measurement principle based on pulsed
UV fluorescence.
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azardous Waste Identification and Management:
Military Munitions Rule Adopted
On February 12, 1997 at 62 Fed. Reg. 6621,
USEPA finalized a rule that identifies when conven-
tional and chemical military munitions become a
hazardous waste under the Resource Conservation and
Recovery Act (RCRA), and that provides for the safe
storage and transport of such waste. The rule also
amends existing regulations regarding emergency
responses involving both military and non-military
munitions and explosives. The rule also exempts all
generators and transporters of hazardous waste, not just
the military, from the RCRA manifest procedure
requirement for the transportation of hazardous waste on
public or private right-of-ways on or along the border of
contiguous properties, under the control of the same
person, regardless of whether the contiguous properties
are divided by right-of-ways. The Board will be
adopting rules “identical in substance” to these USEPA
rules pursuant to Section 7.5 of the Act in RCRA
Update of USEPA Actions from 1-1-97 thru 6-30-97
(Note: No docket number is presently assigned to this
rulemaking).
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roposed Consent Degree for Sherwin-Williams,
Chicago Facility
Notice of a proposed partial consent decree in
United States v. The Sherwin-Williams Company, Civil
Action No. 93-C-4267, was published on February 19,
1997 at 62 Fed. Reg. 7473. The proposed consent
decree was lodged with the United States District Court
for the Northern District of Illinois on February 6,
1997. Under the terms of the proposed consent decree,
Sherwin-Williams will pay a civil penalty of $4.7
million, perform supplemental environmental projects
that will cost the company a total of $1.1 million,
undertake a corrective action to investigate and remedi-
ate contamination to the soil and groundwater at and
emanating from the company's Chicago facility, and
perform other injunctive relief. The Department of
Justice will receive comments relating to the proposed
consent decree through March 21, 1997.
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orrected Tables: Treatment Standards for
Hazardous Waste and Universal Treatment
Standards
On February 19, 1997 at 62 Fed. Reg. 7501,
USEPA published updated and corrected versions of two
tables, “Treatment Standards for Hazardous Wastes'' at
Sec. 268.40, and “Universal Treatment Standards'' at
Sec. 268.48, incorporating all revisions to the treatment
standards promulgated since the Phase III Final Rule.
The two tables were published on April 8, 1996, Land
Disposal Restrictions (LDR) Phase III; Final Rule and
Partial Withdrawal and Amendment of Final Rule.
These corrected tables will eliminate confusion as to
what levels of treatment must be achieved by the
regulated community as they comply with the LDR
requirements. The LDR requirements including the
corrected tables are part of the “identical in substance”
rulemaking, consolidated docket R96-10/R97-5 RCRA
Update of USEPA Actions from 7-1-95 thru 6-30-96.
The Board is currently preparing the proposal for public
comment in this Docket.
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SEPA Agrees to Schedule for National Emission
Standards for Hazardous Air Pollutants
(NESHAPs) for Manufacturers of Pharmaceutical
Products
On February 21, 1997 at 62 Fed. Reg. 8012,
USEPA provided notice of a proposed settlement
agreement entered into by USEPA and the Natural
Resources Defense Council (NRDC). The proposed
settlement agreement establishes a schedule for when
USEPA intends to take final action on the NESHAPs for
manufacturers of pharmaceutical products. The
proposed settlement agreement accompanies revisions to
a consent decree entered into by USEPA and NRDC in
establishing schedules for USEPA's issuance, inter alia,
of a number of effluent guidelines and standards under
section 304(m) of the Clean Water Act, including
effluent guidelines for pharmaceutical manufacturers.
USEPA is agreeing to undertake the NESHAP rule-
making for the pharmaceutical manufacturers on the
same schedule as the effluent guidelines for pharmaceu-
tical manufacturers. Written comments relating to the
settlement may be filed with the USEPA through March
24, 1997.
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ESHAPs for Petroleum Refineries Amended
On February 21, 1997 at 62 Fed. Reg. 7937,
USEPA in a direct final rule, expanded and clarified
definitions in the “National Emission Standards for
Hazardous Air Pollutants: Petroleum Refineries”. The
rules were issued as a final rule on August 18, 1995 at
60 Fed. Reg. 43243 as subpart CC of 40 CFR part 63.
USEPA adds a definition for annual average true vapor
pressure and clarifies the definition of HAP content
applicability cut-off for group I storage vessels.
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Comments should be submitted to the USEPA before
March 24, 1997. The rule is effective April 22, 1997
unless withdrawn by USEPA. Pursuant to Section
9.1(b) of the Environmental Protection Act, these and
all NESHAP standards are “applicable in the State of
Illinois and are enforceable under the Act” without
rulemaking action by the Board.
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asoline Distribution (Stage I) NESHAPs
Amended
On February 28, 1997 at 62 Fed. Reg. 9087, by
direct final rule, USEPA adopted amendments to the
“National Emission Standards for Hazardous Air
Pollutants for Source Categories: Gasoline Distribution
(Stage I)” (the “Gasoline Distribution NESHAP”). The
amendments implement a proposed settlement agree-
ment with the American Petroleum Institute noticed for
comment on November 15, 1996 regarding improve-
ments in the screening equations for determining
applicability of the Gasoline Distribution NESHAP.
USEPA also makes some clarifications to the NESHAP
that were requested by other parties. The proposed rule
was published on February 28, 1997 at 62 Fed. Reg.
9140. Comments on the proposed rule should be
submitted by March 31, 1997 unless a hearing is
requested in the matter before March 10, 1997. If a
hearing is requested, it will be held on March 14, 1997
and comments will be due by April 14, 1997. The
direct final rule remains effective upon publication
unless specifically amended or withdrawn by USEPA.
Pursuant to Section 9.1(b) of the Environmental
Protection Act these and all NESHAP standards are
“applicable in the State of Illinois and are enforceable
under the Act” without rulemaking action by the Board.
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inal Decisions 2/6/97
inal Decisions 2/6/97
91-75
Community Consolidated School District No. 15
v. IEPA - The Board voluntary dismissed this
underground storage tank fund appeal involving a Cook
County facility.
95-105
Saline County Landfill v. IEPA - The Board
granted voluntary withdrawal of this land permit appeal
involving a Saline County facility.
96-95
AlliedSignal, Inc. v. IEPA - The Board granted
voluntary withdrawal of this water and NPDES permit
appeal involving a Massac County facility. Board
Member K. Hennessey abstained.
96-130
People of the State of Illinois v. Parco Asbestos
Removal Co., Inc. - The Board accepted a stipulation
and settlement agreement in this air action against a
Cook County facility, ordered the respondent to pay a
civil penalty of $4,000.00, and ordered the respondent
to cease and desist from further violation.
96-133
People of the State of Illinois v. Village of
Tilton - The Board accepted a stipulation and settlement
agreement in this water action against a Vermilion
County facility, ordered the respondent to pay a civil
penalty of $1,000.00, and ordered the respondent to
cease and desist from further violation. Board Member
K. Hennessey abstained.
96-193
W.R. Grace & Co.-Conn v. IEPA - The Board
granted this Cook County facility a variance from 35
Ill. Adm. Code 218.106(c), 218.940(b), 218.946,
218.948, 218.Subpart QQ, 218.Subpart UU of the
Board’s air regulations and Section 9(b) of the Act,
subject to
conditions, for various testing, emission control and
related recordkeeping and reporting requirements.
Board Member M. McFawn concurred.
97-58
W.R. Meadows, Inc. v. IEPA - The Board
granted respondent’s motion to dismiss, finding that the
Board does not have the mandate to grant variance relief
from permit conditions.
97-76
Regent Investment Corporation. IEPA - The
Board voluntary dismissed this underground storage
tank appeal involving a Cook County facility.
97-132
Clark Refining & Marketing, Inc. v. IEPA -
Upon receipt of an Agency recommendation, the Board
granted a thirty (30)-day provisional variance from the
ninety (90)-day limitation on the accumulation of
hazardous wastes at this Madison County facility.
AC 97-44
IEPA v. Tazewell Recycling and Disposal
Facility - The Board entered a default order, finding
that this Tazewell County respondent had violated
Section 21(o)(5) of the Act and ordering him to pay a
civil penalty of $500.00.
G
G
ENVIRONMENTAL REGISTER No. 513 March, 1997
8
AC 97-46
County of LaSalle v. Ace Auto Salvage, Inc.
- The Board entered a default order, finding that this
LaSalle County respondent had violated Sections
21(p)(1), 21(p)(3)and 21(p)(4), 21(p)(6) of the Act and
ordering him to pay a civil penalty of $2,000.00.
R96-16
In the Matter of : Exemptions from the
Definition of VOM, USEPA Amendments (February 7,
1997; Perchloroethylene) - The Board adopted identical-
in-substance amendments to the definition of volatile
organic material (VOM). Board Member J. Theodore
Meyer dissented. -
See Rulemaking Update
F
Final Decisions 2/20/97
inal Decisions 2/20/97
94-232
Browning-Ferris Industries of Illinois, Inc. v.
IEPA - The Board voluntary dismissed this land permit
appeal involving a DuPage County facility.
96-69
Thomas Corning and Kimberly Corning v.
Thurela’s, Pam and Arthur Hegji as Owners - The
Board accepted a stipulation and settlement agreement
in this citizens’ noise enforcement action against a Lake
County facility.
96-260
People of the State of Illinois v. Pipe and Piling
Supplies (U.S.A.), Ltd. - The Board accepted a
stipulation and settlement agreement in this air action
against a LaSalle County facility, ordered the
respondent to pay a civil penalty of $18,000.00, and
ordered the respondent to cease and desist from further
violation.
97-77
Village of Lake Zurich v. IEPA - The Board
granted this Lake County facility a variance subject to
conditions, from the standards of issuance and restricted
status provisions of the public water supplies
regulations, as they would otherwise relate to radium
content of drinking water.
R94-34
In the Matter of: Landfill, Waste Treatment and
Transfer Facilities located within 100-Year Floodplains
- The Board closed this docket finding that further
action by the Board is unwarranted.
See Rulemaking
Update
N
Ne
w
Cases 2/6/97
ew Cases 2/6/97
97-121
Matteson WHP Partnership v. James W. Martin
and Eva D. Martin, individually and d/b/a Martin's of
Matteson - The Board accepted this citizen's land and
water enforcement action against a Cook County facility
for hearing. Board Member K. Hennessey abstained.
97-124
Herb Treder (Site Classification Completion
Report) v. IEPA - The Board accepted this request for
an extension of time to file a underground storage tank
appeal on behalf of a Lake County facility.
97-125
Herb Treder (Physical Soil Classification) v.
IEPA - The Board accepted this request for an extension
of time to file a underground storage tank appeal on
behalf of a Lake County facility.
97-126
Land and Lakes Company (Willow Ranch) v.
IEPA - The Board accepted this request for an extension
of time to file a underground storage tank appeal on
behalf of a Will County facility.
97-127
People of the State of Illinois v. Pettibone
Corporation - The Board received this EPCRA
enforcement action against a DuPage County facility for
hearing.
97-128
People of the State of Illinois v. Belle-Aire
Fragrances, 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 Lake County
facility, the Board ordered publication of the required
newspaper notice.
97-129
Pinewood Mobile Home Park v. IEPA - The
Board held this petition for water variance for the
Agency recommendation involving a Peoria County
facility.
97-130
People of the State of Illinois v. Pettibone
Corporation - The Board received this air enforcement
action against a Champaign County facility for hearing.
97-132
Clark Refining & Marketing, Inc. v. IEPA -
See
Final Actions
N
Ne
w
Cases 2/20/97
ew Cases 2/20/97
97-104
Continental Waste Industries of Illinois, Inc. v.
IEPA - The Board accepted this land permit appeal
involving a Jefferson County facility for hearing.
March, 1997
ENVIRONMENTAL REGISTER No. 513
9
97-112
Land and Lakes Company (Willow Ranch) v.
IEPA - The Board accepted this underground storage
tank appeal on behalf of a Cook County facility for
hearing.
97-126
Land and Lakes Company v. IEPA - The Board
accepted this request for 90-day extension of time to file
a land permit appeal on behalf of a Will County facility.
97-133
People of the State of Illinois v. Douglas
Furniture of California - The Board received this
EPCRA enforcement action against a Cook County
facility for hearing.
97-134
Dayton Hudson Corporation v. Cardinal
Industries, Inc., and David E. Cardinal, Jr. - The Board
held this citizen's RCRA enforcement action against a
DuPage County facility for a frivolous and duplicitous
determination.
97-135
People of the State of Illinois v. Champion
Environmental Services, Inc. - The Board received this
air enforcement action against a Cook County facility
for hearing.
97-136
Edmund and Mary Radkiewicz v. Cheveron
Products Company - The Board held this citizen's
underground storage tank enforcement action against a
DuPage County facility for a frivolous and duplicitous
determination.
97-137
City of Joliet v. IEPA - The Board held this
petition for water variance for the Agency
recommendation involving a Will County facility.
97-138
People of the State of Illinois v. LeRoy Cech
d/b/a L7K American Wrecking - The Board received
this air enforcement action against a Will County
facility for hearing.
97-139
Residents Against a Polluted Environment and
the Edmund B. Thornton Foundation v. County of
LaSalle and Landcomp Corporation v. IEPA - The
Board accepted this third party appeal of a local siting
approval involving a LaSalle County facility for
hearing.
AS 97-7
Petition of Southern Illinois Regional Landfill,
Inc. (SIRL) for an Adjusted Standard from 35 Ill. Adm.
Code 811.309 The Board acknowledged receipt of this
petition for an adjusted standard from certain landfill
leachate treatment requirements on behalf of a Jackson
County facility and held it pending receipt of publica-
tion.
ENVIRONMENTAL REGISTER No. 513 March, 1997
10
C
C
ALENDAR OF HEARINGS
ALENDAR OF HEARINGS
All hearings held by the Board are open to the public. Times and locations are subject to cancellation and rescheduling
without notice. Confirmation of hearing dates and times is available by calling the Clerk of the Board at 312- 814-6931.
Date & Time
Case # & Type
Case Name and Location
3/10/97
9:00 AM
R97-013
R, Air
In the Matter of: Emissions Reduction Market System Adoption of 35 Ill. Adm.
Code 205 and Amendments to 35 III. Adm. Code 106 - James R. Thompson
Center, Room 9-040, 100 West Randolph Street Chicago, Illinois 60601
3/11/97
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
3/12/97
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 62704
3/13/97
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 St. Aledo, Illinois 61231
3/18/97
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 Spring-
field, Illinois 62704
4/1/97
9:30 AM
PCB 95-122
UST-E, Citizens
Olive Streit and Lisa Streit v. Oberweis Dairy,, Inc., Richard J. Fetzer and
Johnnie W. Ward, (1/b/a Serve-N-Save, and Richard J. Fetaer, individually,
Amoco Oil Company, Mobil Oil Corporation - Kane County Courthouse, Room
250, 100 South Third Street, Geneva, Illinois 61105
4/1/97
10:00AM
R97-024
R, Air
In the Matter of: 9% ROP Plan Control Measures from VOM Emissions-
Tightening Cold Cleaning Requirements: Amendments to 35 III. Adm. Code
Parts 211, 218 and 219, Subpart E - James R Thompson Center, Room 2-025,
100 West Randolph, Chicago, Illinois
4/2/97
9:30 AM
PCB 95-122
UST-E, Citizens
Olive Streit and Lisa Streit V. Oberweis Dairy, Inc., Richard J. Fetaer and
Jolmnie W. Ward, d/b/a Serve-N- Save, and Richard J. Fetaer, individually,
Amoco Oil Company, Mobil Oil Corporation - Kane County Courthouse, Room
250, 100 South Third Street, Geneva, Illinois
4/2/97
1:30 PM
R97-017
R, Air
In the Matter of: Exemptions from Definitions of VOM, USEPA Amendments
(July1, 1996 through December 31, 1996) - James R. Thompson Center, Suite
11-500, 100 West Randolph Street, Chicago, Illinois
4/3/97
9:30 AM
PCB 95-122
UST-E, Citizens
Olive Streit and Lisa Streit V. Oberweis Dairy, Inc., Richard J. Fetzer and
Johnnie W. Ward, d/b/a Serve-N- Save, and Richard J. Fetaer, individually,
Amoco Oil Company, Mobil Oil Corporation - Kane County Courthouse, Room
250, 100 South Third Street, Geneva, Illinois
4/4/97
9:30 AM
PCB 95-122
UST-E, Citizens
Olive Streit and Lisa Streit V. Oberweis Dairy, Inc., Richard J. Fetzer and
Johnnie W. Ward, d/b/a Serve-N- Save, and Richard J. Fetaer, individually,
Amoco Oil Company, Mobil Oil Corporation - Kane County Courthouse, Room
250, 100 South Third Street, Geneva, Illinois
4/14/97
10:00 AM
PCB 94-256
L-E, Citizens
DoALL Company, DoALL Credit Corporation, and Rams-Head Company V.
Skokie Valley Asphalt Company, Inc. - James R. Thompson Center, Suite 11-
500, 100 West Randolph Street, Chicago, Illinois
4/15/97
10:00AM
R97-024
R, Air
In the Matter of: 9% ROP Plan Control Measures from VOM Emissions-
Tightening Cold Cleaning Requirements: Amendments to 35 III. Adm. Code
Parts 211, 218 and 219, Subpart E - James R Thompson Center, Room 9-040,
100 West Randolph, Chicago, Illinois
March, 1997
ENVIRONMENTAL REGISTER No. 513
11
4/17/97
10:00 AM
AS 97-005
Air
In the Matter of: Petition of the Louis Berlarian Company, d/b/a The Swenson
Spreader for an Adjusted Standard from 35 Ill. Adm. Code Part 215, Subpart F
- Ogles County Courthouse, Basement Conference Room, 100 South Fourth
Street, Oregon, Illinois
6/20/97
10:00 AM
PCB 91-028
P-A, NPDES
Acme Steel Company V. IEPA (Consolidated with PCB 92-2) James R.
Thompson Center, Suite 11-500, 100 West Randolph Street Chicago, Illinois
Calendar Code
3d P
Third Party Action
A-C
Administrative Citation
A-E
Air Enforcement
A-S
Adjusted Standard
A-V
Air Variance
CSO
Combined Sewer Overflow Exception
GW
Groundwater
HW Delist
RCRA Hazardous Waste Delisting
L-E
Land Enforcement
L-S-R
Landfill Siting Review
L-V
Land Variance
MW
Medical Waste (Biological Materials)
N-E
Noise Enforcement
N-V
Noise Variance
P-A
Permit Appeal
PWS-E
Public Water Supply Enforcement
PWS-V
Public Water Supply Variance
R
Regulatory Proceeding
RCRA
Resource Conservation and Recovery Act
proceeding (hazardous waste only)
S0
2
S0
2
Alternative Standards (35 ILL. ADM.
CODE 302.211(f))
SWH-E
Special Waste Hauling Enforcement
SWH-V
Special Waste Hauling Variance
T
Thermal Demonstration Rule
T-C
Tax Certifications
T-S
Trade Secrets
UST-Appeal
Underground Storage Tank Corrective
Action Appeal
UST-E
Underground Storage Tank Enforcement
UST-FRD
Underground Storage Tank Fund Reim-
bursement Determination
W-E
Water Enforcement
W-V
Water Variance
WWS
Water-Well Setback Exception
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