AUGUST 1997

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oard Adopts for First Notice

Tiered Approach to Correc-

tive Action Objectives, R97-

12(B)

On July 10, 1997, the Board

adopted for first notice publication

in the

Illinois Register

amendments

to the original Tiered Approach to

Corrective Action Objectives

(TACO) rules concerning mixtures

of similar-acting chemicals

(mixture rule) in the TACO

program. The TACO methodology

is premised upon the statutory

mandates in the Site Remediation

legislation, P.A. 89-431, which was

signed and became effective

December 15, 1995, as amended by

P.A. 89-443, effective July 1, 1996.

The proposal was filed by the

Illinois Environmental Protection

Agency on September 16, 1996.

Two hearings were held in R97-

12(B); on May 21, 1997, in

Chicago and on May 29, 1997, in

Springfield.

The Board adopted final rules

in R97-12(A) on June 5, 1997.

Prior to finalizing the TACO rules,

the Board, on May 1, 1997, had

opened Docket B to address the

mixture rule as it relates to

remediation objectives for similar-

acting carcinogenic and noncar-

cinogenic chemicals in soil and

groundwater.

The first notice proposal cre-

ates a mixture

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onsent Decree Reached between USEPA and Shell Oil Company

(Madison County)

The United States Environmental Protection Agency (USEPA) and Shell Oil

Company (Shell) have reached a proposed consent decree for Shell’s alleged

clean air violations at the Shell Wood River oil refinery located in Madison

County (62 Fed. Reg. 36079). Under the proposed consent decree, Shell will

pay a civil penalty of $678,000 and install an $8 million pollution control device

to reduce benzene emissions from its facility. The pollution control measures

agreed to by Shell will reduce benzene emissions by 100 tons per year. Benzene

is regulated under the National Emissions Standards for Hazardous Air Pollut-

ants and is known to cause cancer in humans. The USEPA accepted comments

through August 4, 1997.

dvance Notice of Proposed Revisions to Drinking Water Requirements

for Certain Chemical Contaminants

The United States Environmental Protection Agency (USEPA) provided

advance notice of its plan to propose revised drinking water monitoring require-

ments for 64 chemical contaminants (62 Fed. Reg. 36099). These chemicals

may occur in the source water of public drinking water systems and are regulated

on the basis of chronic health over a 70-year period. The purpose of the

revisions would be to base the monitoring requirements for each water system on

its risk of contaminants and to establish a uniform and simple sampling schedule

for those water systems without an apparent or significant risk of contamination.

A public hearing was held in Chicago on July 9, 1997. The USEPA accepted

comments through August 4, 1997.

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rule in each of the three tiers of the TACO program. The

mixture rule under Tier 1 requires that the mixture of

similar-acting noncarcinogenic chemicals be evaluated

when determining groundwater remediation objectives.

Similar-acting carcinogenic chemicals must be evaluated

in groundwater when the Tier 1 remediation objectives are

exceeded or when similar-acting carcinogenic chemicals

have remediation objectives at a risk level higher than 1 in

1 million. The mixture rule under Tier 2 requires that

similar-acting noncarcinogenic and carcinogenic chemi-

cals be evaluated when developing groundwater remedia-

tion objectives. The mixture rule under Tier 2 also

requires that similar-acting noncarcinogenic chemicals be

evaluated when determining soil remediation objectives.

The mixture rule under Tier 3 requires that similar-acting

noncarcinogenic and carcinogenic chemicals be evaluated

for both groundwater and soil remediation objectives.

Pursuant to Section 5.01 of the Illinois Administrative

Procedure Act (IAPA) and Section 102.342 of the

Board’s procedural rules, the IAPA 45-day public

comment period will commence upon publication of the

proposed rules in the

Illinois Register

, during which time

the Board will accept written comments from any person.

Persons interested in providing comments should submit

such comments in writing to the Clerk of the Board prior

to the expiration of the 45-day period. The Board does

not intend to hold additional hearings unless requested to

do so pursuant to the IAPA.

Any questions regarding this rulemaking may be di-

rected to Amy Muran Felton at (312)814-7011; e-mail

address: amuranfe@pcb084r1.state.il.us

oard Adopts for First Notice Clean Fuel Fleet

Program: Amendments to 35 Ill. Adm. Code 241,

R98-8

On July 7, 1997, the Illinois Environmental Protec-

tion Agency (IEPA) filed a proposal for amendments to

35 Ill. Adm. Code 241, the Clean Fuel Fleet Program

(CFFP). The proposal was filed pursuant to Section 28.5

of the Environmental Protection Act (Act) (415 ILCS

5/28.5 (1996)). Pursuant to the provisions of that section,

the Board is required to proceed within set timeframes

toward the adoption of the regulation. The Board has no

discretion to adjust these timeframes under any circum-

stances. Accordingly, on July 10, 1997, the Board

adopted the proposal for first notice publication in the

Illinois Register

under the Illinois Administrative

Procedure Act without commenting on the merits of the

proposal.

The Board adopted the CFFP on September 7, 1995.

See In the Matter of: Clean Fuel Fleet Program: 35 Ill.

Adm. Code 241 (September 7, 1995), R95-12. Sections

182(c)(4)(A) and Section 246 of the Clean Air Act (42

U.S.C. 7511 (c)(4)(A) and 7586 (1990)), require all

serious, severe and extreme ozone nonattainment areas

(NAA) to adopt a CFFP. In Illinois, the Chicago area is

classified as a severe NAA and is subject to the CFFP.

The attainment year for the Chicago area is 2007.

Pursuant to CFFP, if certain fleet owners acquire new

motor vehicles, beginning model year 1998 and thereafter,

a specified percentage of these new motor vehicles must

be clean fuel fleet vehicles which meet the federal low

emissions standards established by the United States

Environmental Protection Agency for the CFFP. The

proposal filed by the IEPA requests the Board to amend

certain sections of the CFFP to reflect that owners and

operators will have an additional year to meet the

requirements of the CFFP and to correct certain credit

amounts given for over-compliance.

The Board will conduct hearings in this matter at

10:00 a.m. on August 27, 1997, in Suite 11-500 at the

James R. Thompson Center, 100 West Randolph,

Chicago, and on September 24, 1997, and October 10,

1997, at the same time and location, if necessary.

Any questions regarding this rulemaking may be di-

rected to Amy Muran Felton at (312)814-7011; e-mail

address: amuranfe@pcb084r1.state.il.us

oard Adopts for First Notice Emissions Reduction

Market System; Adoption of 35 Ill. Adm. Code

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

R97-13

On October 7, 1996, the Illinois Environmental Pro-

tection Agency (IEPA) filed a proposal pursuant to

Sections 9.8, 27, and 28 of the Environmental Protection

Act (Act) (415 ILCS 5/9.8, 5/27, 5/28 (1996)). The

IEPA’s rulemaking proposal consists of two components.

The first is the addition of 35 Ill. Adm. Code 205 which

sets forth regulations creating an emissions reduction

market system (ERMS) program for volatile organic

material (VOM) for the Chicago nonattainment area. As

proposed, the ERMS program is one component of the

IEPA’s plan designed to achieve a 9% reduction in VOM

emissions by 1999 in the Chicago nonattainment area.

Section 182(b)(1) of the Clean Air Act (CAA), as

amended in 1990, (42 U.S.C. 7511 (b)(1)(A)) requires

that by 1996, ozone nonattainment areas reduce emissions

of VOM by 15% from 1990 levels. The second compo-

nent of the proposal amends 35 Ill. Adm. Code 106 of the

Board’s procedural regulations to provide procedures by

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which the regulated sources may appeal IEPA’s decision

pertaining to the ERMS program.

The Board held nine days of hearings in this matter.

The hearings took place on January 21 and 22, February

3, 4, 10 and 11, March 10, and April 21 and 22, 1997.

The hearings were all held in Chicago, since the proposal

affects the Chicago nonattainment area.

On July 10, 1997, the Board adopted a proposal for

first notice publication in the

Illinois Register.

The Board

also directed the hearing officer to schedule a hearing to

address matters including but not limited to: the findings

of the Ozone Transport Assessment Group; New Source

Review Offsets; applicability of the ERMS program to

landfills; methods and practices during an appeal;

language of Sections 205.330 and 337(b); adoption of

Maximum Achievable Control Technology (MACT) for

industrial categories; emission units achieving Best

Available Control Technology; Emission Reduction

Generator shutdowns; and Emissions Excursion Compen-

sation. That hearing is scheduled for August 19, 1997, at

10:00 a.m. in room 9-40 of the James R. Thompson

Center in Chicago and, to be continued if necessary, on

August 20, 1997, at 10:00 a.m. at the Holiday Inn Mart

located at 350 North Orleans, Chicago, in the Marquette

Room on the 16th floor. Please call 312/814-3620 to

confirm the location and time of these hearings.

The proposed Part 205 is designed to regulate sta-

tionary point sources that are located in the Chicago ozone

nonattainment area, which are required to obtain a Clean

Air Act Permit Program permit and have seasonal

emissions of at least 10 tons of VOM. Proposed Part 205

regulates these sources by establishing a historical

emissions baseline and then reduces that baseline by 12%,

thereby creating an emissions cap that is 12% below the

historical VOM emissions. The baseline is established by

averaging the two highest seasons of VOM emissions

from the source between 1994 and 1996. The sources are

then issued allotment trading units (ATUs) in an amount

equal to their baseline. The sources are required to hold

ATUs in the amount equal to their seasonal emissions of

VOM. The proposed Part 205 identifies the seasonal

allotment period to be May 1 through September 30.

Sources can either reduce their emissions by 12% or

purchase ATUs from the market created by the proposed

rule to meet their emissions needs for each seasonal

period. The ERMS program is designed to be permanent

and to be a component of the ROP plan to achieve a 9%

reduction in VOM emissions in the Chicago nonattain-

ment area.

The Board decided not to amend Part 106 as pro-

posed by the IEPA. The Board decided to instead use the

Board’s current procedural rules in Part 105 until the

Board’s proposed amendments to its procedural rules are

adopted. See Revisions of the Board’s Procedural Rules:

35 Ill. Adm. Code 101-130, R97-8. Once the amendments

to the procedural rules are adopted, the Board will amend

Part 205 in the ERMS program to reflect the change in

reference to the Board’s procedural rules .

Pursuant to Section 5-40 of the Illinois Administra-

tive Procedure Act (IAPA) and Section 102.342 of the

Board’s procedural rules, the IAPA 45-day public

comment period will commence upon publication of the

proposed rules in the

Illinois Register

, during which the

Board will accept written comments from any person.

Persons interested in providing comments should submit

such comments in writing to the Clerk of the Board prior

to the expiration of the 45-day period.

Any questions regarding this rulemaking may be di-

rected to Charles Feinen at (312)814-3473; e-mail

address: cfeinen@pcb084r1.state.il.us or Richard McGill

at (312)814-6983; e-mail address: rmcgill@pcb084r1.-

state.il.us

oard Adopts Proposed Underground Injection

Control and Resource Conservation and Recovery

Act Subtitle C Hazardous Waste Amendments,

R96-10, R97-3, and R97-5

On July 24, 1997, the Board proposed amendments to

the underground injection control (UIC) and Resource

Conservation and Recovery Act (RCRA) Subtitle C

regulations at 35 Ill. Adm. Code 702, 703, 720 through

726, 728, 738, and 739. Section 22.4(a) of the Environ-

mental Protection Act provides for quick adoption of

regulations that are “identical-in-substance” to federal

regulations adopted by the United States Environmental

Protection Agency (USEPA) to implement Sections 3001

through 3005 of RCRA Subtitle C (42 U.S.C.

6921-

6925 (1996)). Section 13(c) similarly provides with

respect to underground injection control regulations

adopted by the USEPA pursuant to Section 1421 of the

Safe Drinking Water Act (42 U.S.C.

300(h) (1996)).

Because this rulemaking is “identical-in-substance” it is

not subject to Section 5 of the Administrative Procedure

Act and it is not subject to first notice or to second notice

review by the Joint Committee on Administrative Rules.

The federal UIC regulations are found at 40 CFR 146

through 148. The federal RCRA Subtitle C regulations

are found at 40 CFR 260 through 268, 270 through 271,

273, and 279. The proposed rules update RCRA Subtitle

C regulations to correspond with federal amendments

dated July 1, 1995, through June 30, 1996, and UIC

regulations to correspond with federal amendments dated

January 1, 1996, through June 30, 1996.

The 500-page proposed order includes several sub-

stantive revisions regarding the following: liquids in

landfills amendments (35 Ill. Adm. Code 720.111,

724.414 and 725.414); additional clean water act testing

methods (35 Ill. Adm. Code 720.111); carbamate waste

amendments/phase III land disposal restrictions (35 Ill.

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Adm. Code 721, 728 and 738); expanded public partici-

pation procedural amendments (35 Ill. Adm. Code

702.111, 703.183, 703.223, 703.225, 702.248 and

703.191 through 703.193); amendments to the organic

material emissions rules for tanks, containers, and surface

impoundments (Subparts CC to Parts 724 and 725);

exclusion of recovered oil from the definition of solid

waste (35 Ill. Adm. Code 721.104); and amended import

and export requirements to implement the Organization

for Economic Cooperation and Development decision (35

Ill. Adm. Code 721.106, 722.110, 722.153, 722.156,

722.158, 277.180-722.189, 723.110, 723.120, 724.112,

724.171, 725.112, 725.171, 726.170, 733.120, 733.140,

733.156 and 733.170). The amendments also include

numerous nonsubstantive corrective and stylistic revisions

in order to enhance the clarity of the rules.

By adopting this proposal, the Board caused the

amendments to be published in the

Illinois Register

and

will hold the docket open for 45 days after the date of

publication to receive public comments. Copies of the

Board’s opinion and order can be obtained by contacting

the Board at 312/814-3620 and referencing the Board’s

docket numbers R96-10, R97-3, and R97-5.

Any questions and comments regarding this rule-

making may be directed to Michael McCambridge at

312/814-6924; e-mail address: mmccambr@pcb084r1.-

state.il.us

oard Accepts for Hearing Petition of the Greater

Rockford Airport Authority for an Adjusted

Standard from 35 Ill. Adm. Code 814, AS97-11

On July 24, 1997, the Board accepted for hearing the

petition of the Greater Rockford Airport Authority

(petitioner) for an adjusted standard from 35 Ill. Adm.

Code 814, Subpart D of the nonhazardous waste landfill

rules to allow compliance boundary of the petitioner’s two

foundry waste monofills to be reset from the edge of the

landfills to the banks of the Rock and Kishwaukee Rivers.

Petitioner also requested a hearing under 35 Ill. Adm.

Code 106.705(j). According to the Board’s order, a

hearing officer will be assigned to schedule and conduct

the hearing after the Illinois Environmental Protection

Agency (IEPA) files its response.

On July 3, 1997, the IEPA filed a motion for exten-

sion of time to file a response to the petition, which was

due on July 14, 1997. In its July 24, 1997 order, the

Board also granted the IEPA an extension of time until

July 31, 1997, to file a response.

Questions or comments regarding this matter may be

directed to Richard McGill at 312/814-6983; e-mail:

rmcgill@pcb084r1.state.il.us

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pproval of State Implementation Plan for Various

Illinois Counties

The United States Environmental Protection Agency

(USEPA) approved revisions to the Illinois State Imple-

mentation Plan (SIP) rate of progress (ROP) plans for

reducing volatile organic material (VOM) emissions in the

Chicago ozone noattainment area (Cook, DuPage, Kane,

Lake, McHenry, and Will Counties, Oswego Township in

Kendall County, and Aux Sable and Goose Lake Town-

ships in Grundy County) and in the Metro-East St. Louis

ozone nonattainment area (Madison, Monroe, and St.

Clair counties) (62 Fed. Reg. 37494 (July 14, 1997)).

On November 15, 1990, Congress enacted amend-

ments to the Clean Air Act (CAA) (42 U.S.C. 7401

seq.

(1990)). Section 182(b)(1) of the CAA requires states

with ozone nonattainment areas classified as moderate and

above to submit to ROP plans to reduce VOM emissions

by 15% from 1990 levels by November 15, 1996,

accounting for growth in the VOM emissions occurring

after 1990. The SIP is intended to reduce VOM by 15%

by November 15, 1996, relative to 1990 baseline emis-

sions; contingency plans for the same ozone nonattain-

ment areas for the purpose of achieving an additional

3%VOM emission reductions beyond the 15% ROP plans;

and transportation control measures for the Metro-East St.

Louis area. Emissions of VOM react with nitrogen oxides

in sunlight to form ground-level ozone, commonly known

as smog. The final rule is effective September 12, 1997,

unless adverse comments are received by USEPA by

August 13, 1997.

pproval of Procedures for Modifying Publicly

Owned Treatment Works Programs

The United States Environmental Protection Agency

(USEPA) revised procedures for modifying the require-

ments of approved Publicly Owned Treatment Works

(POTW) programs incorporated into National Pollutant

Discharge Elimination Discharge System (NPDES)

permits issued to POTWs (62 Fed. Reg. 38405 (July 17,

1997)). USEPA believes that the new regulations will

reduce the administrative burden and cost associated with

maintaining approved pretreatment programs without

affecting environmental protection. Entities regulated by

this action are governmental entities responsible for the

implementation of the National Pretreatment Program.

This rule is effective August 18, 1997.

The rule streamlines the procedures for modifying

approved POTW Pretreatment Programs in several ways.

First, fewer categories of modifications are considered

“substantial” and, therefore, automatically subject to the

detailed public notice procedures. Second, the rule no

longer requires the approval authority to issue a public

notice of its final approval of a modification. Third,

public notice provided by a POTW will satisfy the

approval authority’s obligation to provide notice in certain

circumstances. Fourth, the rule will allow a POTW to

report changes to its list of industrial users in the POTW’s

annual reports, rather than being required to obtain

advance approval. Fifth, the period of notice that

POTW’s must provide for non-substantial modifications

and the time for review by the approval authorities will

both be 45 days. Sixth, the rule grants additional

flexibility regarding the type of newspaper that may

publish the notices and the government agencies that

receive additional notice of all modifications.

doption of National Ambient Air Quality Stan-

dards for Particulate Matter

The United States Environmental Protection Agency

(USEPA) has revised the national ambient air quality

standards (NAAQS) for particulate matter (PM) based on

its review of the available scientific evidence linking

exposures to ambient PM to adverse health and welfare

effects at levels allowed by the current PM standards (62

Fed. Reg. 38651 (July 18, 1997)). The current PM

standards are revised in several respects: two new PM2.5

standards are added, set at 15 g/m

, based on the 3-year

average of annual arithmetic mean PM2.5 concentrations

from single or multiple community-oriented monitors, and

65 g/m

, based on the 3-year average of the 98th percen-

tile of 24-hour PM2.5 concentrations at each population-

oriented monitor within an area; and the current 24-hour

PM10 standard is revised to be based on the 99th percen-

tile of 24-hour PM10 concentrations at each monitor within

an area.

The primary standards will provide increased protec-

tion against a wide range of PM-related health effects,

including premature mortality and increased hospital

admissions, and emergency room visits, primarily in

elderly and individuals with cardiopulmonary disease;

increased respiratory symptoms and disease, in children

and individuals with cardiopulmonary disease such as

asthma; decreased lung function, particularly in children

and individuals with asthma; and alternations in lung

tissue and structure and in respiratory tract defense

mechanisms. The current secondary standards are revised

by making them identical in all respects to the new

primary standards. The new secondary standards, in

conjunction with a regional haze program, will provide

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appropriate protection against PM-related public welfare

effects including soiling, material damage, and visibility

impairment. This rule is effective September 16, 1997.

This rule also revises requirements for designation of

reference and equivalent methods for PM and ambient air

quality surveillance (62 Fed. Reg. 38763 (July 18, 1997)).

Specifically, these revisions address network design and

siting, quality assurance and quality control, operating

schedule, network completion, system modifications, data

reporting, and other monitoring subjects. This regulation

is also effective September 16, 1997.

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94-191

Arco Products Company v. IEPA - The Board

granted petitioner’s motion for withdrawal of this National

Pollutant Discharge Elimination System (NPDES) permit

appeal involving a Cook County facility. Board Member

K.M. Hennessey abstained.

96-108

Allied Tube & Conduit Corporation v. IEPA - The

Board granted petitioner’s motion for withdrawal of this

air permit appeal involving a Cook County facility.

96-147

People of the State of Illinois v. Illinois Cement

Company - The Board accepted a stipulation and

settlement agreement in this mine and water enforcement

action involving a LaSalle County facility, ordered the

respondent to pay a civil penalty of $20,500 and to

perform a supplemental environmental project, and

ordered the respondent to cease and desist from further

violations. Board Member K.M. Hennessey abstained.

97-151

Fox Waterway Agency v. IEPA - The Board

granted this McHenry County facility a variance, subject

to conditions, from the effluent limits found at 35 Ill.

Adm. Code 304.105, 304.106, 304.123, and 304.124 of

the Board’s regulations. Board Member K.M. Hennessey

abstained.

97-176

Schuller International Corporation v. IEPA -

Having previously granted a request for a 90-day

extension, the Board dismissed this matter because no

underground storage tank appeal was timely filed on

behalf of this Lake County facility.

97-185

Old Elm Country Club v. IEPA - Having

previously granted a request for a 90-day extension, the

Board dismissed the matter because no underground

storage tank appeal was timely filed on behalf of this Lake

County facility.

97-194

Department of the Navy, Naval Training Center

Great Lakes v. IEPA and R. Lavin & Sons, Inc. - The

Board dismissed this third party petition for review of an

NPDES permit due to the Board’s lack of statutory

authority. Board Member K.M. Hennessey abstained.

97-198

Gibson Service Station v. IEPA - The Board

dismissed this underground storage tank appeal for failure

to timely file an amended petition.

97-208

Arco Products Company v. IEPA - The Board

granted petitioner’s motion for withdrawal of this NPDES

permit appeal involving a Cook County facility. Board

Member K.M. Hennessey abstained.

97-212

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

The Board accepted a stipulation and settlement

agreement in this water enforcement action involving a

Henry County facility, ordered the respondent to pay a

civil penalty of $3,000, and ordered the respondent to

cease and desist from further violations. Board Member

K.M. Hennessey abstained.

98-7

Mobil Oil Corporation v. IEPA - Upon receipt of an

IEPA recommendation, the Board granted this Will

County facility a 45-day provisional variance, subject to

conditions, from certain emission requirements, as set

forth in 35 Ill. Adm. Code 216.361(a). 212.123 and

212.381 of the Board's air pollution control regulations.

98-8

Ensign-Bickford Company v. IEPA - Upon receipt of

an IEPA recommendation, the Board granted a 30-day

provisional variance from the 90-day limitation on the

accumulation of hazardous wastes at this Union County

facility.

98-12

Commonwealth Edison Company (Zion Power

Station) v. IEPA - Upon receipt of an IEPA

recommendation, the Board granted this Lake County

facility a 45-day provisional variance, subject to

conditions, from certain effluent discharge requirements

of the water pollution control regulations, as set forth in

35 Ill. Adm. Code 304.141(b) and 309.102 of the Board's

water regulations. Board Member K.M. Hennessey

abstained.

98-13

Fox Waterway Agency v. IEPA - Upon receipt of

an IEPA recommendation, the Board granted this

McHenry County facility a 21-day provisional variance,

subject to conditions, from certain effluent discharge

requirements of the water pollution control regulations, as

set forth in 35 Ill. Adm. Code 304.105, 304.106,

304.123(b), and 304.124 of the Board's water regulations

and imposed by Operating Permit No. 1993-EA-3060, for

effluent discharged from Project One Ackerman Island,

Fox Lake, Illinois. Board Member K.M. Hennessey

abstained.

AC 97-17

County of Will v. Mitch Pinnick - The Board

entered an order requiring the respondent to pay $136 in

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hearing costs. This order supplements the Board’s interim

order of May 15, 1997, which found that this Will County

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

the Environmental Protection Act and ordered the

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

AC 97-57

County of Vermilion v. Brickyard Disposal and

Recycling, Inc. - The Board entered a default order,

finding that this Vermilion County respondent had

violated Sections 21(o)(1), 21(o)(5), and 21(o)(12) of the

Environmental Protection Act and ordered the respondent

to pay a civil penalty of $1,500.

AC 97-63

County of Will v. Derrick Craig - The Board

granted complainant’s motion for withdrawal of this

administrative citation involving a Will County facility.

AC 97-64

Wayne County Health Department v. John

Barnes - The Board entered a default order, finding that

this Wayne County respondent had violated Section

21(p)(1) of the Environmental Protection Act and ordered

the respondent to pay a civil penalty of $500.

AC 97-66

IEPA v. RCS, Inc. and Rickie L. Laird - The

Board entered a default order, finding that these Jersey

County respondents had violated Sections 21(o)(5) and

21(o)(12) of the Environmental Protection Act and

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

AS 97-8

In the Matter of: Petition of Southern Illinois

Regional Landfill, Inc. (SIRL) for an Adjusted Standard

from 35 Ill. Adm. Code Part 811.309 - The Board granted

an adjusted standard, with conditions, from 35 Ill. Adm.

Code Part 811.309 of the Board’s regulations pertaining

to the treatment and disposal of leachate.

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95-115

Illico Independent Oil Co. v. IEPA - The Board

granted petitioner’s motion for withdrawal of this

underground storage tank appeal involving a Tazewell

County facility.

97-213

Ryder Truck Rental, Inc. v. IEPA - The Board

granted petitioner’s motion for withdrawal of this

underground storage tank appeal involving a Cook County

facility.

97-216

The Knapheide Mfg. Co. v. IEPA - The Board

granted petitioner’s motion for withdrawal of this petition

for extension of a prior air variance involving an Adams

County facility.

98-20

Commonwealth Edison Co. (Zion Power Station) v.

IEPA - Upon receipt of an IEPA recommendation, the

Board granted this Grundy County facility a 45-day

provisional variance, subject to conditions, from certain

thermal effluent discharge requirements, as set forth in 35

Ill. Adm. Code 302.211, 304.141(b) of the Board's water

regulations and in the Board’s order, In the Matter of:

410 (c) Petition for Dresden Nuclear Generating Station

(July 8, 1981), PCB 79-134. Board Member K.M.

Hennessey abstained.

AC 97-60

IEPA v. Stacy Hess - The Board entered an

order finding that this Tazewell County respondent had

violated Section 21(p)(1) of the Environmental Protection

Act and ordered him to pay a civil penalty of $500.

AC 97-67

County of LaSalle v. Mike and Janet Brown -

The Board entered a default order finding that these

LaSalle County respondents violated Section 21(p)(1) of

the Environmental Protection Act and ordered them to pay

a civil penalty of $500.

AC 97-68

County of Vermilion v. Randall Richter - The

Board entered a default order finding that this Vermilion

County respondent violated Section 21(p)(1) of the

Environmental Protection Act and ordered him to pay a

civil penalty of $500.

?????????????????????????????? ???????????

?????????????????

97-229

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

The Board received for hearing this Emergency Planning

Community Right to Know Act (EPCRA) enforcement

action against a Cook County facility.

97-230

People of the State of Illinois v. Standard T.

Chemical Company - The Board received for hearing this

EPCRA enforcement action against a Cook County

facility.

97-231

People of the State of Illinois v. Graftek Press,

Inc. - The Board received for hearing this air enforcement

action against a McHenry County facility.

97-232

Frank Shirey Cadillac, Inc. v. IEPA - The Board

accepted this request for a 90-day extension of time to file

an underground storage tank appeal on behalf of a Cook

County facility.

97-233

Citizens Opposed to Additional Landfills and

Harvey Pitts v. Greater Egypt Regional Environmental

Complex a/k/a Gere Properties, Inc. and the Perry County

Board of Commissioners - The Board accepted for

hearing this appeal of a pollution control facility (landfill)

siting decision involving a proposed Perry County facility.

97-234

Antonio D. H. Kam v. Kikon Suh - The Board

held this citizen's UST enforcement action against a Cook

County facility for a duplicitous and frivolous

determination.

97-235

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

accepted this request for a 90-day extension of time to file

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

97-236

People of the State of Illinois v. Village of Bartlett

- Upon receipt of a proposed stipulation and settlement

agreement and an agreed motion to request relief from the

hearing requirement in this water enforcement action

against a DuPage County facility, the Board ordered

publication of the required newspaper notice.

97-237

People of the State of Illinois v. Frank Levato -

The Board received for hearing this air enforcement

action against a Cook County facility.

98-1

City of Salem v. IEPA - The Board held this petition

for IEPA recommendation for a land variance involving a

Marion County facility.

98-2

ESG Watts, Inc. (Sangamon Valley Landfill) v.

IEPA - The Board accepted for hearing this appeal of a

pollution control facility (landfill) siting decision

involving a Sangamon County facility.

98-3

Wheelabrator Water Technologies, Inc. v. IEPA -

The Board accepted this request for a 90-day extension of

time to file an underground storage tank appeal on behalf

of a Cook County facility.

98-4

L. Keller Oil Properties, Inc. and Charles F. Keller

(Collinsville/Keller Oil) v. IEPA - The Board accepted for

hearing this appeal of an underground storage tank

decision involving a Madison County facility.

98-5

L. Keller Oil Properties, Inc. and Charles F. Keller

(Sandoval/Keller Oil) v. IEPA - The Board accepted for

hearing this appeal of an underground storage tank

decision involving a Marion County facility.

98-6

L. Keller Oil Properties, Inc. and Charles F. Keller

(Centralia/Keller Oil) v. IEPA - The Board accepted for

hearing this appeal of an underground storage tank

decision involving a Marion County facility.

98-7

Mobil Oil Corporation v. IEPA -

See Final Actions

98-8

Ensign-Bickford Company v. IEPA -

See Final

Actions

98-9

Edward Malina v. Emro Marketing Company and

Marathon Oil Company - The Board held this citizen's

UST enforcement action against a Cook County facility

for a duplicitous and frivolous determination.

98-12

Commonwealth Edison Company (Zion Power

Station) v. IEPA -

See Final Actions

98-13

Fox Waterway Agency v. IEPA -

See Final Actions

98-14

City of Salem, City of Freeport, and Knox County

v. IEPA - The Board held for IEPA recommendation this

petition for land variance involving a Knox County

facility.

AC 97-71

County of Will v. Michael O’Grady - The

Board received an administrative citation against this Will

County respondent.

AC 98-1

County of Will v. Edward Fogarty - The Board

received an administrative citation against this Will

County respondent.

???????????????????????????????????????????????????????????????????????????????????

AS 98-1

In the Matter of: Petition of Carus Chemical

Company for an Adjusted Standard from 35 Ill. Adm.

Code Part 814, Subpart D - The Board held for IEPA

recommendation this petition for an adjusted standard

from certain requirements on behalf of a LaSalle County

facility.

R98-1

Exemptions from Definitions of VOM, USEPA

Amendments (January 1, 1997 through June 30, 1997) -

The Board reserved this docket for a routine identical-in-

substance update. The update includes any federal

amendments which occured during the period January 1

through June 30, 1997.

R98-2

SDWA Update, USEPA Regulations (January 1,

1997 through June 30, 1997) - The Board reserved this

docket for a routine identical-in-substance update. The

update includes any federal amendments which occurred

during the period of January 1 through June 30, 1997.

R98-3

UIC Update, USEPA Regulations (January 1, 1997

through June 30, 1997) - The Board reserved this docket

for a routine identical-in-substance update. The update

includes any federal amendments which occurred during

the period of January 1 through June 30, 1997.

R98-4

RCRA Subtitle D Update, USEPA Regulations

(January 1, 1997 through June 30, 1997) - The Board

reserved this docket for a routine identical-in-substance

update. The update includes any federal amendments

which occurred during the period of January 1 through

June 30, 1997.

R98-5

RCRA Subtitle C Update, USEPA Regulations

(January 1, 1997 through June 30, 1997) - The Board

reserved this docket for a routine identical-in-substance

update. The update includes any federal amendments

which occurred during the period of January 1,1997

through June 30, 1997.

R98-6

UST Update, USEPA Regulations (January 1,

1997 through June 30, 1997) - The Board reserved this

docket for a routine identical-in-substance update. The

update includes any federal amendments which occured

during the period of January 1 through June 30, 1997.

R98-7

Wastewater Pretreatment Update, USEPA (January

1, 1997 through June 30, 1997) - The Board reserved this

docket for a routine identical-in-substance update. The

update includes any federal amendments which occurred

during the period of January 1 through June 30, 1997.

R98-8

Clean Fuel Fleet Program: Amendments to 35 Ill.

Adm. Code 241 - The Board accepted for hearing the

IEPA proposal to amend the Board’s air pollution control

regulations. -

See Rulemaking Update

?????????????????????????????? ???????????

?????????????????

98-15

Consolidation Coal Co. v. IEPA - The Board

accepted for hearing this appeal of a land permit on behalf

of a Jefferson County facility.

98-16

Evergreen Plaza Associates v. IEPA - The Board

accepted this request for a 90-day extension of time to file

an underground storage tank appeal on behalf of a Cook

County facility.

98-17

People of the State of Illinois v. Scrap Tire

Recycling Center, Inc. f/k/a Russell Foundry, Thomas

Ratkovic, an individual, and Leon Benish, an individual -

The Board received for hearing this land enforcement

action against a Lake County facility.

98-18

James R. and Lucille J. Metz v. United States

Postal Service - The Board held this citizens’ noise

enforcement action against a Sangamon County facility

for a duplicitous and frivolous determination.

98-19

Chicago Sun-Times v. IEPA - The Board accepted

this request for a 90-day extension of time to file an air

permit appeal on behalf of a Cook County facility.

98-20

Commonwealth Edison Co. (Dresden Power

Station) v. IEPA -

See Final Actions

AC 98-2

IEPA v. Frank Olson - The Board received an

administrative citation against this Henderson County

respondent.

AC 98-3

County of Will v. Sherry Fetcho - The Board

received an administrative citation against this Will

County respondent.

???????????????????????????????????????????????????????????????????????????????????

????????????#???????

AUGUST 1997

Monday

Tuesday

Wednesday

Thursday

Friday

4) 5)

R97-31

15% ROP Plan:

Wood Furniture

Coating Amend-

ments, 1:00 p.m.,

Madison County

Adm. Bldg. Room

203, 157 North

Main St.,

Edwardsville

HO: Lozuk-Lawless

6) 7) 8)

11) 12) 13)

R97-31

15% ROP Plan:

Wood Furniture

Coating Amend-

ments, 1:00 p.m.,

JRTC, Room 9-031,

Chicago

HO: Lozuk-Lawless

14) 15)

18) 19)

R97-13, Emissions

Reduction Market

System, 10:00 a.m.,

JRTC, Room 9-040,

Chicago

HO: Feinen

20)

R97-13, Emissions

Reduction Market

System, 10:00 a.m.,

Holiday Inn Mart,

Marquette Room,

Floor, 350 N.

Orleans Street,

Chicago

HO: Feinen

21) 22)

25) 26)

AS 97-2, Petition of

Chemetco, Inc.,

10:00 a.m., State

Regional Office

Bldg., IDOT Class

Room, 1100 E. Port

Plaza Dr.,

Collinsville,

HO: Wallace

27)

R97-8, Clean Fuel

Fleet Program,

10:00 a.m., JRTC,

Ste. 11-500, 100 W.

Randolph, Chicago.,

HO: Felton

28)

PCB 97-233,

Citizens Opposed to

Additional Landfills,

9:30 a.m., DuQuoin

City Hall, 28 S.

Washington St., Du

Quoin

HO: Wallace

29)

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 Regulations, 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 June 30, 1997.

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.

FACILITY NAME

RESPONSIBLE AUTHORITY

COUNTY

REMAINING

CAPACITY

Astoria-Washington and Lincoln St.

Overflow; Adams & State St. Overflow

Town of Astoria Fulton 0

Athens STP City of Athens Menard 0

Bourbonnais (Belle Aire Subd.) Village of Bourbonnais Kankakee 0

Camelot Utilities - Wastewater Collec-

tion System

Camelot Utilities Will 0

Camp Point (a portion mh 60-68) Village of Camp Point Adams 0

Candlewick Lake STP Consumer Ill. Water Co. Boone 0

Chester STP** City of Chester Randolph 0

Clearview S.D. Clearview S.D. McLean 0

Clinton Wastewater Collection System** City of Clinton

DeWitt 0

East Alton STP City of East Alton Madison 0

Farmington City of Farmington Fulton 0

Hurst & Blairville Collection System** City of Hurst Williamson 0

Maple Lawn Homes STP Maple Lawn Homes Woodford 0

Port Byron STP Village of Port Byron Rock Island 0

Riverton (Sewer System -Partial) Village of Riverton Sangamon 0

Rosewood Heights S.D. - Ninth Street

Rosewood Heights S.D. Madison 0

Round Lk Beach - Oaktree Subd. Pump

Station

America Today, Inc. Lake 0

South Palos Twp. S.D. South Palos Twp. South Palos

Twp.

Sullivan Lake Development STP Lake Development Lake 0

Taylorville-Shawnee Ave. Pump Station City of Taylorville Christian 0

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

Wauconda STP** Village of Wauconda Lake 0

Deletions from previous Quarterly Report: Chapin (N & S Main Terminal LS)

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 Regulations, 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 June 30,

1997.

Facilities followed by a double asterisk (**) are additions to the list.

FACILITY NAME

RESPONSIBLE

AUTHORITY

COUNTY

REMAINING

CAPACITY

PE ADDED

SINCE

LAST LIST

Beardstown S.D. 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

Carrier Mills Village of Carrier Mills Saline 836 0

Carrollton City of Carrollton Greene 140 0

Citizens Utilities C. of Ill Derby Meadows

Utility Co STP

Citizens Utilites C. of Ill Will 0 0

Citizens Utilities C. of Ill River Grange Citizens Utilites C. of Ill Will 10 0

Creve Coeur Village of Creve Coeur Tazewell 2,330 0

Downers Grove S.D. Downers Grove S.D. DuPage 7,273 48

Earlville City of Earlville LaSalle 201 0

East Dundee STP Village of E. Dundee Kane 933 0

Elkville Village of Elkville Jackson 6 0

Findlay Village of Findlay Shelby 60 0

Herscher Village of Herscher Kankakee 300 0

Highland STP City of Highland Madison 312 0

Hoopeston City of Hoopeston` Vermilion 0 0

CLPWD-Deerfield Rd Interceptor. County of Lake Public

Works Department

Lake *** 0

CLPWD-Diamond-Sylvan STP County of Lake Public

Works Department

Lake 248 0

Lake Barrington Home Owners Assn. STP LBHOA Lake 80 0

Lake in the Hills S.D. Village of Lake in the Hills McHenry 0 407

McHenry - South STP & Green Street LS City of McHenry McHenry To Be

Determined

Moline (North Slope) City of Moline Rock

Island

1,151 0

Mundelein STP Village of Mundelein Lake 0 277

O’Fallon City of O’Fallon St. Clair 1,550 115

Paris STP City of Paris Edgar 1,906 3

Rock Island (Main) City of Rock Island Rock

Island

4,896 0

Round Lake-Rosewood Sewage ing Sta. Village of Round Lake Lake 97 0

Thompsonville STP Village of Thompsonville Franklin 35 0

Deletions from previous Quarterly Report: Herrin

***Contact IEPA - Permit Section