No. 521

A Publication of the Illinois Pollution Control Board

November 1997

FEDERAL actions

United States Environmental

Protection Agency Revokes

Polychlorinated Byphenyl

Human Health Criteria in the

Water Quality Guidance for the

Great Lakes System

On October 9, 1997, the

United States Environmental

Protection Agency (USEPA)

revoked the human health criteria

for polychlorinated biphenyls

(PCBs) which it had promulgated in

its final Water Quality Guidance

For The Great Lakes System

(Guidance) in March 1997. 62 Fed.

Reg. 52922 (October 9, 1997).

USEPA plans to propose

replacement criteria in 1998. In the

interim, USEPA has calculated a

Tier I value for PCBs for human

health of 2.6 E-5 micrograms per

liter (ug/L) for both drinking water

and nondrinking water uses.

USEPA is recommending that

states and tribes either adopt a

human health criterion for PCBs

that is no less stringent than this

value or use their Guidance based

on Tier I methodologies for human

health, together with appropriate

data, to derive an ambient value to

be used in setting permit limits.

USEPA anticipates the Tier I

values will not be less stringent

than USEPA’s interim value of 2.6

E-5 ug/L (unless site-specific data

are used).

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Rulemaking UPDATE

Board Adopts for Second Notice the Emissions Reduction Market System,

R97-13

On October 2, 1997, the Board adopted for second notice review by the

Joint Committee on Administrative Rules establishing an Emissions Reduction

Market System (ERMS). Docketed by the Board as R97-13, these proposed

regulations at 35 Ill. Adm. Code 205 create an ERMS program for volatile

organic material (VOM) for the Chicago nonattainment area. Emissions Market

Reduction System Adoption of 35 Ill. Adm. Code 205 (October 2, 1997), R97-

13. The ERMS is one component of the Illinois Environmental Protection

Agency’s (IEPA) plan to achieve a 9% reduction in VOM by 1999 in the

Chicago nonattainment area.

Proposed Part 205 is designed to regulate stationary point sources that are:

(1) located in the Chicago nonattainment area, (2) required to obtain a Clean Air

Act Permit Program (CAAPP) permit, and (3) have seasonal emissions of at least

10 tons of VOM. Proposed Part 205 regulates these sources by establishing a

historical emissions baseline for each source and requiring each source to reduce

its emissions from that baseline by 12%. A source will establish its baseline by

averaging its VOM emissions during any two of the “ozone seasons” (

i.e.,

May 1

to September 30) of the years 1994, 1995, or 1996. The IEPA will then issue

source allotment trading units (ATUs) in an amount equal to 88% of each

source’s baseline, (

i.e.

, 100% of the source’s baseline less the 12% required

reduction).

The rules require sources to hold ATUs in the amount equal to their sea-

sonal emissions of VOM. Sources can either reduce their emissions by 12% or

purchase ATUs from the market created by the proposed rule to meet their

emissions need for each seasonal period.

This rulemaking was originally proposed by the IEPA on October 7, 1996.

The Board held nine days of hearing in this matter and

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

NVIRONMENTAL

EGISTER

Inside This Issue

Final Decisions p7

New Cases p9

Calendar of Meetings p10

ENVIRONMENTAL REGISTER No. 521 November 1997

Rulemaking Update

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received one public comment before issuing a first notice

opinion and order on July 10, 1997. After the first notice

opinion and order was published in the

Illinois Register

(21 Ill. Reg. 9649 (July 25, 1997)), the Board held an

additional hearing on August 19, 1997.

Any questions or comments can be directed to Rich-

ard McGill at 312/814-6983, e-mail address:

rmcgill@pcb084r1.state.il.us

oard Adopts for Second Notice Amendments to

the Tiered Approach to Corrective Action

Objectives, R97-12(B)

On October 2, 1997, the Board adopted for second

notice review by the Joint Committee on Administrative

Rules amendments to the Tiered Approach to Corrective

Action Objectives (TACO), docketed by the Board as

R97-12(B). Tiered Approach to Corrective Action

Objectives (TACO): Amendments to 742.105, 742.200,

742.505, 742.805, and 742.915 (October 2, 1997), R97-

12(B). The amendments address how the effect of

similar-acting chemicals on the same target organ (also

known as the mixture rule) is to be taken into account

when determining remediation objectives under TACO.

Specifically, the amendments consider the effects of

similar-acting chemicals,

i.e.,

carcinogens and noncar-

cinogens, under Tiers 1, 2, and 3 of the TACO process.

Two hearings were held in this matter on May 21 and

May 29, 1997, to consider the proposal of the Illinois

Environmental Protection Agency. On July 10, 1997, the

Board proceeded to first notice; the amendments were

thereafter published in the

Illinois Register

(21 Ill. Reg.

9687 (July 25, 1997)), upon which a 45-day comment

period began. The first notice comment period ended on

September 8, 1997. No public comments were received

during the comment period, however, one comment was

received just prior to its initiation.

The mixture rule adopted at second notice remains

unchanged from first notice. Essentially, the mixture rule

is adopted for each of the three tiers. The mixture rule

under Tier 1 is adopted for carcinogens and noncarcino-

gens detected in groundwater. There is no mixture rule

applicable to contaminants of concern in soil at Tier 1

sites. The mixture rule under Tier 2 applies to both

carcinogens and noncarcinogens in groundwater, but only

to noncarcinogens in soil. Finally, the mixture rule under

Tier 3 applies to both carcinogens and noncarcinogens in

both groundwater and soil. Also adopted is a definition of

“similar-acting chemicals” and Appendix A.Table H

which lists carcinogens with groundwater remediation

objectives based on concentrations in excess of 1 in

1,000,000 cancer risk.

Any questions or comments regarding this rulemaking

may be directed to Amy Muran Felton at 312/814-7011,

e-mail address: amuranfe@pcb084r1.state.il.us

oard Adopts Second Notice Order in Conforming

Amendments for the Great Lakes Initiative: 35

Ill. Adm. Code 302.101, 302.105, 302.Subpart E,

303.443, and 304.222, R 97-25

On October 16, 1997, the Board adopted for second

notice review by the Joint Committee on Administrative

Rules conforming amendments to the Great Lakes

Initiative (GLI), docketed by the Board as R97-25. The

GLI is a federally-required rule that has been proposed in

accordance with Section 28.2 of the Environmental

Protection Act (415 ILCS 5/28.2 (1996)). The United

States Environmental Protection Agency published the

GLI as a final rule on March 23, 1995, at 60 Fed. Reg.

15366.

The first hearing was held in this matter prior to first

notice on May 19, 1997, in Chicago. The second hearing

was held during the first notice period on July 28, 1997, in

Waukegan. Several public comments were received

during the first notice period. Notably, at second notice,

the Board added a new section 302.520 which delineates

procedures for amending the list of bioaccumulative

chemicals of concern (BCC). The Board also modified

Section 302.575 to clarify that the methods set forth in

that section are to be used to develop Tier I wildlife

criteria for non-BCCs. Finally, the Board denied the

Illinois Environmental Regulatory Group’s motion to

create a subdocket regarding whether it is economically

and technically justifiable to adopt a phase out of mixing

zones for BCCs. The Board found that the phasing out of

mixing zones will help to insure the water quality of the

Lake Michigan Basin and thereby protect human health

and the environment at minimal economic costs to

dischargers to the Lake Michigan Basin. The Board

further found that although the Board must consider the

economic reasonableness of a rule, the Board is not

limited to adopting only rules which the Board has

determined to be technically feasible and economically

reasonable.

Any comments or questions regarding this rulemaking

may be directed to Marie Tipsord at 312/814-4925, e-mail

address: mtipsord@pcb084r1.state.il.us

November 1997 ENVIRONMENTAL REGISTER No. 521

oard Adopts Second Notice Order in Amendments

to the Clean Fuel Fleet Program: 35 Ill. Adm.

Code 241, R 98-8

On October 16, 1997, the Board adopted for second

notice review by the Joint Committee on Administrative

Rules amendments to the Clean Fuel Fleet Program

(CFFP), docketed by the Board as R98-8. This rulemak-

ing was proposed in accordance with Section 28.5 of the

Environmental Protection Act (415 ILCS 5/28.5 (1996)).

Section 28.5 provides for the adoption of Clean Air Act

amendments (42 U.S.C.

7401

et seq.

(1990)) according

to a fast-track procedure.

The first hearing in this matter was conducted in Chi-

cago on August 27, 1997. As no requests were made for

the second hearing within 7 days of the first hearing in

accordance with Section 22.5 of the Environmental

Protection Act (415 ILCS 5/22.5 (1996)), the second and

third hearings were canceled by hearing officer order

dated September 4, 1997. No public comments were

received during the first notice period. The second notice

proposal amends certain sections of the CFFP to reflect

that owners and operators of fleets will have an additional

year to meet the requirements of the CFFP and to correct

certain amounts of credit given for over-compliance.

Any additional comments or questions regarding this

rulemaking may be directed to Amy Muran Felton at

312/814-7011, e-mail address: amu-

ranfe@pcb084r1.state.il.us

oard Accepts Proposal for Amendments to

General Permitting Provisions to Require Perpet-

ual Permits for Certain Sources: Amendments to

35 Ill. Adm. Code 201, R98-13

On October 16, 1997, the Board accepted a proposal

for amendments to the Board’s air permitting rules (35 Ill.

Adm. Code 201) filed by the Environmental Protection

Agency. The proposed rules would amend the air permit

system to establish a “perpetual” air pollution permit

program. Sources affected are those that emit 35 tons or

more per year and that are not subject to Section 39.5 of

the Environmental Protection Act (Act) (415 ILCS 5/39.5

(1996)) (Clean Air Act permit program (42 U.S.C.

7401

et seq.

(1990))), and are not required to have a federally

enforceable state operating permit. The proposal

indicates that the proposed rules are required by amend-

ments to the Act contained in P.A. 90-367, effective

August 10, 1997. Pursuant to P.A. 90-367, the Board is

required to revise its rules to reflect the amendments to the

Act before July 1, 1998.

Any comments or questions regarding this rulemaking

may be directed to Charles King at 312/814-6926, e-mail

address: cking@pcb084r1.state.il.us

oard Adopts Reasons for Delay Order in Adoption

of Final Rules in Identical-in-Substance Dockets

for Resource Conservation and Recovery (July 1,

1996 through December 31, 1996, January 1, 1997

through June 30, 1997) and Underground Injection

Control (January 1, 1997 through June 30, 1997)

Updates, R 97-21, R 98-3, R 98-5 (consolidated)

On October 16, 1997, the Board set forth reasons for

its delay in adopting identical-in-substance amendments in

Resource Conservation and Recovery Act and Under-

ground Injection Control updates, docketed as R97-21,

R98-3, R98-5. On October 17, 1996, the Board adopted

an order setting forth the reasons for the Board’s delay as

follows:

Due to the present and recent-past demands on

Board resources and personnel, including those

associated with completing the two prior updates,

R95-4/R95-6 and R95-20, the Board has been

unable to commence the amendments in dockets

R96-10 and R97-5 in such a way that it has been

able to complete rulemaking activities within one

year. The amendments involved in dockets R95-

4/R95-6 and R95-20 represented significant ef-

forts on the part of the Board, given the magni-

tude of the amendments and competing priorities

for the Board and its staff. Those amendments,

the magnitude of the amendments involved in

consolidated dockets R96-10/R97-3/R97-5, and

other competing priorities have resulted in un-

avoidable delay.

The present delay in the current update docket was

the result of the delays experienced in the previous 500-

page consolidated update docket. Due to the complexity

of the hazardous waste regulations and the fact that many

provisions that are under revision in the present docket are

also involved in the prior update docket, the Board found

that it was impracticable to have two sets of amendments

to these rules simultaneously pending. The Board

anticipates adoption of a proposal for public comment in

November 1997.

All questions and comments regarding this rulemak-

ing may be directed to Michael McCambridge at 312/814-

6924; e-mail address: mmccambr@pcb084r1.state.il.us

ENVIRONMENTAL REGISTER No. 521 November 1997

FEDERAL ACTIONS

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USEPA is not removing the wildlife criterion for PCBs of

1.2 E-4 ug/L, also promulgated in March 1997. USEPA

expects states and tribes to adopt and submit PCB wildlife

criteria consistent with this criterion.

ational Emission Standards for Hazardous Air

Pollutants for Primary Aluminum Reduction

Plants Adopted

On October 7, 1997, the United States Environmental

Protection Agency (USEPA) promulgated national

emission standards for each new or existing potline, paste

production plant, anode bake furnace associated with a

primary aluminum reduction plant, and for each new pitch

storage tank associated with a primary aluminum produc-

tion plant. 62 Fed. Reg. 52383 (October 7, 1997). In

addition, the new source performance standard for

primary aluminum plants is amended and most of the

requirements are incorporated in the final national

emissions standards. This action also adds Method 315

for the measurement of extractable organic matter to

Appendix A of Part 63 of the Code of Federal Regulations

(CFR) and Method 14A for the measurement of total

fluoride to Appendix A of Part 60 of the CFR.

The major hazardous air pollutants (HAPs) emitted

by the facilities covered by this rule include hydrogen

fluoride and polycyclic organic matter (POM). Polycyclic

aromatic hydrocarbons are included in the chemical group

for POM. Polycyclic aromatic hydrocarbons have been

reported to produce carcinogenic, reproductive, and

developmental effects as well as toxic effects on blood,

liver, eyes, and the immune system. The final rule will

result in a 50% reduction in fluoride and POM emissions

from the current level of 11,000 tons per year; a substan-

tial reduction in emissions of non-HAPs, such as particu-

late matter, also will be achieved.

These standards implement Section 112(d) of the

Clean Air Act (42 U.S.C.

7401), as amended, and are

based on the USEPA Administrator’s determination that

primary aluminum plants may reasonably be anticipated to

emit several of the HAPs listed in Section 112(b) of the

Clean Air Act form the various process operations found

within the industry. Section 9.1(a) of the Illinois Envi-

ronmental Protection Act (Act) (415 ILCS 5/9.1(a)

(1996)) provides that national emission standards for

HAPs are applicable and enforceable under the Act

without further rulemaking action by the Board. This rule

is effective October 7, 1997.

onfirmation of Effective Date of Small Municipal

Solid Waste Landfills

On July 29, 1997, the United States Environmental

Protection Agency (USEPA) published a direct final rule

(62 Fed. Reg. 40708 (July 29, 1997)) which established

regulations to implement the Land Disposal Program

Flexibility Act of 1996 (LDPFA). These regulations

provide additional flexibility to approved states for any

municipal solid waste landfill (MSWLF) that receives 20

tons or less of municipal solid waste per day. The

additional flexibility applies to alternative frequencies of

daily cover, frequencies of methane monitoring, and

infiltration layers for final cover. As stated in the

preamble to the direct final rule, provisions contained in

the Revised Criteria for Municipal Solid Waste Landfills

(54 Fed. Reg. 51104 (October 9, 1991) and 61 Fed. Reg.

60327 (November 27, 1996)) provide the additional

flexibility for demonstrating financial assurance contem-

plated by Congress in the LDPFA. The additional

flexibility will allow the owners and operators of small

MSWLFs the opportunity to reduce their costs of

MSWLF operation while still protecting human health and

the environment. The USEPA has not received any

adverse comments to this rule as written. Therefore,

according to the notice dated October 2, 1997 (62 Fed.

Reg. 51606 (October 9, 1997)), this rule will go into

effect as scheduled on October 27, 1997. This direct final

rule was included in the Board’s proposal for public

comment in an identical-in-substance rulemaking pursuant

to Section 7.2 of the Environmental Protection Act (415

ILCS 5/7.2 (1996)) on August 7, 1997. See RCRA

Update: Amendments to Subtitle D (August 7, 1997),

R97-20.

otice of Consent Decree With a Rock Island, Rock

Island County, Illinois Company Under the

Comprehensive Environmental Response,

Compensation, and Liability Act

On October 8, 1997, the Department of Justice issued

a notice that on September 29, 1997, a proposed consent

decree in United States v. Case Corporation,

et al

., (Civil

Action No. 97-4101) was lodged with the United States

District Court for the Central District of Illinois. 62 Fed.

Reg. 52574 (October 8, 1997). The consent decree settles

an action brought under Section 107 of the Comprehen-

sive Environmental Response, Compensation, and

Liability Act, 42 U.S.C.

9601, for the recovery of past

costs incurred by the United States in responding to

releases or threatened releases of hazardous substances at

the A.A. Waste Oil Site (site), located in Rock Island,

Illinois. The proposed settlement set forth in the consent

decree addresses the liability of 28 defendants in this

action, each of which has been named as a generator of

hazardous substances at the site. Under the terms of the

proposed consent decree, the settling defendants will pay

November 1997 ENVIRONMENTAL REGISTER No. 521

the United States a total of $395,000 in settlement of the

United States’ past cost claims against them.

nited States Environmental Protection Agency

Intends to Implement Performance Based Meas-

urement System

On October 6, 1997, the United States Environmental

Protection Agency (USEPA) issued a notice of intent to

implement a Performance Based Measurement System

(PBMS) for environmental monitoring in all of its

remedial programs to the extent feasible. 62 Fed. Reg.

52098 (October 6, 1997). The USEPA defines PBMS as

a set of processes wherein the data quality needs, man-

dates, or limitations of a program or project are specified,

and serve as criteria for selecting appropriate methods to

meet those needs in a cost-effective manner. Where

PBMS is implemented, the regulated community would be

able to select any appropriate analytical test method for

use in complying with USEPA’s regulations. It is

USEPA’s intent that implementation of PBMS have the

overall effect of improving data quality and encouraging

advancement of analytical technologies. The USEPA

anticipates proposing amendments to certain of its

regulations, as needed, to incorporate PBMS into its

regulatory programs.

nnouncement of the Draft Drinking Water

Contaminant Candidate List

On October 6, 1997, the United States Environmental

Protection Agency (USEPA) published a draft listing of

58 chemicals and 13 microbiological drinking water

contaminants not presently regulated to represent its

candidate list for drinking water regulations. 62 Fed. Reg.

52194 (October 6, 1997). Under the Safe Drinking Water

Act (SDWA) amendments of 1996 (42 U.S.C.

300(f)),

USEPA is required to publish a listing every five years of

candidate contaminants for study. USEPA is required to

then determine whether each candidate warrants regula-

tion in drinking water based on the costs and benefits of

such regulation. The list includes a number of chlorinated

organic compounds and pesticides. It also includes such

inorganic substances as boron, aluminum, nickel, zinc,

and sodium. The microbiologics included in the list are

bacteria, viruses, protozoans, and algae. USEPA sets

forth the technical information needed for each candidate

and its plan for evaluation of each in the notice. While it

will take time for the USEPA’s evaluations, it is antici-

pated that it will result in revisions to the federal SDWA

regulations that the Board will be required to adopt in its

identical-in-substance proceedings in accordance with

Sections 7.2 and 17.5 of the Environmental Protection Act

(415 ILCS 5/7.2, 17.5 (1996)).

olicitation for Brownfields Project Proposals

On October 9, 1997, the United States Environmental

Protection Agency (USEPA) published a notice indicating

that it will accept proposals for the National Brownfields

Assessment Pilots (NBAS). 62 Fed. Reg. 52720 (October

9, 1997). The NBAS (each funded up to $200,000 over

two years) test cleanup and redevelopment planning

models, direct special efforts toward removing regulatory

barriers without sacrificing protectiveness, and facilitate

coordinated environmental cleanups and redevelopment

efforts at the federal, state, and local levels. USEPA

expects to select approximately 100 additional NBAS by

May 1998. Applications will be accepted on a “rolling

submissions” schedule. The deadlines for new applica-

tions for the 1998 NBAS are December 15, 1997, and

March 23, 1998. Application booklets can be obtained by

calling the Superfund Hotline at 1-800-424-9346.

tudy of Children’s Health Risks and Environ-

mental Criteria

On October 3, 1997, as part of its ongoing commit-

ment to protect children from environmental health risks,

the United States Environmental Protection Agency

(USEPA) will select five existing human health and

environmental protection standards for review and

evaluation to determine if they sufficiently protect

children’s health. See 62 Fed. Reg. 51854 (October 3,

1997). USEPA is seeking recommendations and com-

ments concerning standards it should select for review,

including detailed explanations and reference to any

studies that support that recommendation. The standards

that USEPA ultimately will select for review and

evaluation will be those that could potentially have a

major impact on children’s health as a result of reevalua-

tion and vision. USEPA is undertaking this study based

on its knowledge that impacts and exposures among

children likely differ from those of adults, upon whom

most standards are based. Comments must be sent in

writing by December 2, 1997, to Paula R. Goode, Office

of Children’s Health Protection, USEPA, 401 M Street,

SW, Washington, DC 20460, e-mail:

goode.paula@epamail.epa.gov

nited States Environmental Protection Agency

Adopts Compliance Assurance Monitoring for

Major Stationary Sources of Air Pollution

Pursuant to requirements concerning enhanced

monitoring and compliance certification under the federal

Clean Air Act, the United States Environmental Protection

Agency (USEPA) is promulgating new regulations and

revised regulations to implement compliance assuring

monitoring for major stationary sources of air pollution

that are required to obtain operating permits under Title V

of the Clean Air Act (42 U.S.C.

7401

et seq.

(1990)).

ENVIRONMENTAL REGISTER No. 521 November 1997

62 Fed. Reg. 54899 (October 22, 1997). Subject to

certain exemptions, the new regulations require owners or

operators of such sources to conduct monitoring that

satisfies particular criteria established in the rule to

provide reasonable assurance of compliance with

applicable requirements under the Clean Air Act.

Monitoring will focus on emissions units that rely on

pollution control device equipment to achieve compliance

with applicable standards. The regulations also provide

procedures for coordinating these new requirements with

USEPA’s operating permit program regulations. Revi-

sions to the operating permit program regulations clarify

the relationship between the Part 64 requirements

(included in the 1990 Clean Air Act Amendments

(CAAA)) and periodic monitoring and compliance

certification requirements. This rulemaking is estimated

to improve compliance with existing regulations which

will potentially reduce the need for further regulation to

achieve clean air goals at a cost significantly less than that

of a rule proposed in 1993 to achieve similar results. The

Board would expect to see the Environmental Protection

Agency propose similar rules as a CAAA fast-track

proposal pursuant to Section 28.5 of the Illinois Environ-

mental Protection Act (415 ILCS 5/28.5 (1996)). The

effective date of this rule is November 21, 1997.

nited States Environmental Protection Agency

Adopts Regulations to Control Emissions of Air

Pollution from Highway Heavy-Duty Engines

On October 21, 1997, the United States Environ-

mental Protection Agency (USEPA) adopted regulations

to control emissions of air pollution from highway heavy-

duty engines (HDEs). 62 Fed. Reg. 54693 (October 21,

1997). The new standards and related provisions

contained in this final rule will result in significant

progress throughout the country in protecting human

health and the environment. In this action, USEPA is

adopting a new emission standard and related provisions

for diesel heavy-duty engines intended for highway

operation, beginning with the 2004 model year. The new

standard represents a large reduction (approximately 50%)

in emission of oxides of nitrogen as well as reductions in

hydrocarbons from diesel trucks and buses. The reduc-

tions in nitrogen oxides will also result in significant

reductions in secondary nitrate particulate matter in areas

where levels of nitrate particulate matter are high.

For diesel HDEs, USEPA is also finalizing changes

to the existing averaging, banking, and trading program

that provides additional flexibility for manufacturers in

complying with the stringent new standards. USEPA is

also adopting several provisions to increase the durability

of emission controls, help ensure proper levels of

maintenance, and prevent tampering during engine

rebuilding. The resulting emission reductions will

translate into significant, long-term improvements in air

quality in many areas of the United States. This will

provide assistance to the states and regions facing ozone

and particulate air quality problems that are causing a

range of adverse health effects for their citizens, espe-

cially in terms of respiratory impairment and related

illnesses. The Board would expect to see the Illinois

Environmental Protection Agency propose similar rules as

a Clean Air Act Amendment fast-track proposal pursuant

to Section 28.5 of the Environmental Protection Act (415

ILCS 5/28.5 (1996)). This regulation is effective

December 22, 1997.

Although USEPA proposed new standards and re-

lated averaging, banking, and trading provisions for otto-

cycle HDEs (

e.g.,

gasoline-fueled engines), USEPA is not

taking final action for that category of engines at this time.

USEPA received several comments urging it to adopt

more stringent control measures for otto-cycle engines.

USEPA continues to evaluate these comments and plans

to issue a supplemental notice of proposed rulemaking to

address these engines specifically.

otice of Proposed Consent Decree Reached With

World Color Press, Inc.’s Alden Printing Facility

located in Elk Grove, Cook County, Illinois

On October 21, 1997, the United States Environ-

mental Protection Agency (USEPA) published notice of a

proposed consent decree in the United States v. World

Color Press, Inc., Civil Action No. 96-CV-1084, that was

lodged with the United States District Court for the

Northern District of Illinois. 62 Fed. Reg. 54654

(October 21, 1997). In this action, the United States

sought injunctive relief and a civil penalty against World

Color Press, Inc.’s Alden Printing Facility located in Elk

Grove, Cook County, Illinois to bring it into compliance

with requirements in its permit to control and limit

emissions of volatile organic materials (VOM) for its

printing presses. Following filing of the complaint, but

before settling the litigation, World Color Press, Inc.

complied with the USEPA’s request to replace condensor

recovery systems with an afterburner at the Alden Printing

Facility to control VOM emissions from certain printing

presses. The consent decree requires World Color Press,

Inc. to pay a civil penalty of $250,000, and to comply

with the Clean Air Act in all respects.

The Department of Justice will receive comments on

the consent decree until November 21, 1997. Comment

should be addressed to the Assistant Attorney General of

the Environment and Natural Resources Division,

Department of Justice, Washington, D.C. 20530, and

should refer to United States v. World Color Press, Inc.,

D.J. Ref. 90-5-2-1-1984.

November 1997 ENVIRONMENTAL REGISTER No. 521

Final Decisions 10/2/97

96-53

David and Susi Shelton v. Steven and Nancy Crown

- The Board found that respondents had violated Sections

23 and 24 of the Environmental Protection Act (415 ILCS

5/23, 5/24 (1996)) in this citizens’ noise enforcement

action involving a Cook County facility, but the Board did

not impose a penalty.

97-237

People of the State of Illinois v. Frank Levato -

The Board accepted a stipulation and settlement

agreement in this air enforcement action involving a Cook

County facility, ordered the respondent to pay a civil

penalty of $4,000, and ordered the respondent to cease

and desist from further violations.

98-44

Castwell Products, Inc. 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 Cook County

facility.

98-45

Department of the Army 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 Cook County

facility.

AC 97-69

County of Will v. Timothy A. Nichols - The

Board entered an order finding that this Will County

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

Environmental Protection Act (415 ILCS 5/21(p)(1),

(p)(3) (1996)), and ordered respondent to pay a civil

penalty of $1,000.

AC 98-6

IEPA v. R. Frietsch & Company - The Board

accepted a stipulation and settlement agreement in this

administrative citation action involving a Peoria County

facility, ordered the respondent to pay a civil penalty of

$500, and dismissed this action. As part of the settlement

agreement, respondent admitted violating Section 21(p)(1)

of the Environmental Protection Act (415 ILCS 5/21(p)(1)

(1996)).

AC 98-7

IEPA v. USA Waste Services, Inc. - The Board

entered an order finding that this Marshall County

respondent violated Sections 21(o)(5) and (o)(13) of the

Environmental Protection Act (415 ILCS 5/21(o)(5),

(o)(13) (1996)), and ordered respondent to pay a civil

penalty of $1,000.

AC 98-10

County of Vermilion v. Darrell Grant - The

Board entered an order finding that this Will County

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

Environmental Protection Act (415 ILCS 5/21(p)(1),

(p)(3) (1996)), and ordered him to pay a civil penalty of

$1,000.

Final Decisions 10/16/97

94-83

People of the State of Illinois v. George Ribble -

The Board accepted a stipulation and settlement

agreement in this land enforcement action involving a

Macoupin County facility, ordered the respondent to pay a

civil penalty of $7,500, and ordered the respondent to

cease and desist from further violations.

95-166

Henri Studio, Inc. v. IEPA - The Board granted

petitioner’s motion for withdrawal of this land permit

appeal involving a Lake County facility.

97-38

People of the State of Illinois v. Amsted Industries,

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

Griffin Wheel Company, and Horsehead Resource

Development Company, Inc. - The Board granted

respondents’ motion to dismiss this land enforcement

action involving a Macoupin County facility because the

IEPA failed to comply with former Section 31(d) of the

Environmental Protection Act (415 ILCS 5/31(d) (1994))

prior to the filing of the complaint in this matter. Board

Members M. McFawn and J. Theodore Meyer concurred.

97-110

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

Inc. - The Board accepted a stipulation and settlement

agreement in this Resources Conservation Recovery Act

enforcement action involving a McHenry County facility,

ordered the respondent to pay a civil penalty of $5,000,

and ordered the respondent to cease and desist from

further violations.

ENVIRONMENTAL REGISTER No. 521 November 1997

97-130

People of the State of Illinois v. Big O, Inc. - The

Board accepted a stipulation and settlement agreement in

this air enforcement action involving facilities located in

Champaign and Vermilion Counties, ordered the

respondent to pay a civil penalty of $5,500, and ordered

the respondent to cease and desist from further violations.

Board Member K.M. Hennessey abstained.

97-225

People of the State of Illinois v. Heartland Pork

Enterprises, Inc. - The Board accepted a stipulation and

settlement agreement in this water enforcement action

involving an Edgar County facility, ordered the

respondent to pay a civil penalty of $5,500, and ordered

the respondent to cease and desist from further violations.

98-14

City of Salem, City of Freeport, and Knox County

v. IEPA - The Board granted this Knox County facility a

variance, subject to conditions, from the landfill financial

assurance requirements found at 35 Ill. Adm. Code

811.700(b) and (f), and 811.706. Chairman C.A.

Manning abstained.

98-53

City of Lockport 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 effluent discharge requirements

of the water pollution control regulations, as set forth in

35 Ill. Adm. Code 302.212 and 304.141(a) and included

in National Pollutant Discharge Elimination System

Permit No. IL0029611. Board Member K.M. Hennessey

abstained.

AC 95-15

County of Will v. CDT Landfill - The Board