No. 522

A Publication of the Illinois Pollution Control Board

December 1997

FEDERAL actions

United States Environmental

Protection Agency Proposes

Regulations Regarding Air

Quality Surveillance for Lead

Lead air pollution levels meas-

ured near the nation’s roadways

have decreased 97% between 1976

and 1995 with the elimination of

lead in gasoline used by on-road

mobile sources. Because of this

historic decrease, the United States

Environmental Protection Agency

(USEPA) is proposing to shift its

ambient air monitoring focus from

measuring lead air pollutant

concentrations emanating from

mobile source emissions toward a

focus on stationary point sources of

lead air pollution.

On November 5, 1997, the

USEPA proposed regulations

regarding air quality surveillance

for lead. 62 Fed. Reg. 59840

(November 5, 1997). This proposal

would revise the 40 CFR 58 lead

air monitoring requirements to

allow many lead monitoring

stations to be discontinued while

maintaining a core lead monitoring

network in urban areas to track

continued compliance with lead

National Ambient Air Quality

Standards (NAAQS). This action

also would require lead ambient air

monitoring around lead stationary

sources. This action is

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Rulemaking UPDATE

Board Adopts Final Identical-in-Substance Rules Amending the Under-

ground Injection Control and Resource Conservation and Recovery Act of

1976 Subtitle C Hazardous Waste Regulations at 35 Ill. Adm. Code 702,

703, 720 through 726, 728, 730, 738, and 739, R96-10, R97-3, R97-5

On November 6, 1997, the Board adopted amendments to the underground

injection control (UIC) and Resource Conservation and Recovery Act of 1976

Subtitle C (RCRA Subtitle C) hazardous waste regulations at 35 Ill. Adm. Code

702, 703, 720 through 726, 728, 730, 738, and 739. Section 22.4(a) of the

Environmental Protection Act (Act) (415 ILCS 5/22.4(a) (1996)) provides for

quick adoption of regulations that are identical in substance to federal regula-

tions adopted by USEPA to implement Sections 3001 through 3005 of RCRA

(42 U.S.C.

6921-6925 (1996)) and that Title VII of the Act and Section 5 of

the Administrative Procedure Act (APA) (5 ILCS 100/5-35 & 5-40 (1996)) shall

not apply. Because this rulemaking is not subject to Section 5 of the APA, it is

not subject to first or to second notice review by the Joint Committee on

Administrative Rules. The federal UIC rules 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, and more recently, 273 and 279.

The Board consolidated three dockets because the subject matters are

closely related and the Board wished to expedite consideration of all amend-

ments involved. The adopted rules include, in pertinent part, the following

amendments: an additional test method for biodegradibility of absorbent

materials, a revised interpretation of the carbamate rule, a stay of used oil

mixtures rule, permitting procedural requirements, organic material emissions

standards technical amendments, corrections to exclusion for recovered oil

reinjected into refining process, phase III land disposal regulations, hazardous

waste import and export regulations, used oil standards, an emergency extension

of national capacity variance for K088 wastes, and adoption

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NVIRONMENTAL

EGISTER

Inside This Issue

Final Decisions p7

New Cases p9

Calendar of Meetings p11

ENVIRONMENTAL REGISTER No. 522 December 1997

Rulemaking Update

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

of Phase IV land disposal regulations.

The Board will hold the adopted amendments for 30

days, specifically to allow USEPA time to review and

comment on the amendments as adopted. After that time,

the Board will file the amendments with the Secretary of

State. They will become effective upon publication in the

Illinois Register

Any questions regarding this rulemaking may be di-

rected to Michael McCambridge at 312/814-6924, e-mail

address: mmccambr@pcb084r1.state.il.us

oard Adopts for First Notice Publication in the

Illinois Register

Amendments to 35 Ill. Adm. Code

703, 720, 721, 724, 725, 728, and 733 (Standards

for Universal Waste Management), R98-12

On November 6, 1997, the Board adopted for first

notice publication in the

Illinois Register

amendments to

35 Ill. Adm. Code 703, 720, 721, 724, 725, 728, and 733

(Standards for Universal Waste Management). On

October 17, 1997, the Illinois Environmental Protection

Agency (IEPA), pursuant to Sections 27 and 28 of the

Environmental Protection Act (Act) (415 ILCS 5/27, 28

(1996)), filed a rulemaking to amend the Board’s

regulations concerning standards for universal waste

management. Specifically, the IEPA’s proposal requests

that the Board amend certain sections of Part 733 to

designated hazardous flourescent and high intensity

discharge lamps, which are currently classified as

hazardous waste, as universal waste.

The IEPA’s proposal is in response to Public Act 90-

502 (Pub. Act 90-502, eff. August 19, 1997 (amended in

415 ILCS 5/22.23a (1996))) signed into law by Governor

Jim Edgar on August 19, 1997. This legislation specifi-

cally designated high intensity lamps and flourescent

lamps as a category of universal waste. It further required

the Board to adopt such regulations within 180 days after

receipt of the IEPA’s proposal. Consequently, the docket

must be concluded on or before May 5, 1998.

The first hearing in this matter was held on Tuesday,

December 9, 1997, in Springfield, Illinois. The second

hearing was held on December 15, 1997, in Chicago,

Illinois.

The Board will accept written comments regarding

this proposal up until 45-days after the first notice

proposal is published in the

Illinois Register

. All written

comments should be addressed to Dorothy M. Gunn,

Clerk of the Board. Any questions regarding this

rulemaking may be directed to Cynthia Ervin at 217/524-

8509, e-mail address: cervin@pcb084r1.state.il.us

oard Accepts for Hearing Petition of PDV

Midwest Refining, L.L.C. to Amend Site-Specific

Rule 304.123, R98-14

On November 6, 1997, the Board accepted for hear-

ing the petition of PDV Midwest Refining, L.L.C. (PDV)

to amend and renew a site-specific rule pertaining to water

discharged from its refinery. PDV owns a petroleum

refinery located in Will County near Lemont, Illinois.

The refinery was formerly owned and operated by the

Union Oil Company of California (Union) and then

operated by UNO-VEN Company. The Board granted a

site-specific rule change to Union in 1987. See In the

Matter of: Proposal of Union Oil Company of California

to Amend the Water Pollution Regulations: 35 Ill. Adm.

Code 304.213 (December 16, 1993), R93-8. PDV

became the owner and operator of the refinery on May 1,

1997, and is seeking to amend and renew the site-specific

rule as it relates to water discharged from the refinery.

The Board directed the hearing officer assigned to the

matter to schedule hearing. The Board also granted

PDV’s motions to waive the requirements that the petition

be accompanied by 200 signatures and that the petition be

accompanied by nine copies of all exhibits. The Board

ordered PDV to provide four copies of all exhibits. A

hearing date will be set shortly.

Any questions may be directed to John Knittle at

312/814-3473, e-mail address: jknittle@pcb084r1.state.il-

.us

oard Accepts for Hearing Clean-Up Amendments

to 35 Ill. Adm. Code 215, R98-15

On November 6, 1997, the Board accepted for hear-

ing the proposal of the Illinois Environmental Protection

Agency (IEPA) to amend 35 Ill. Adm. Code 215. The

proposal amends Subpart A.General Provisions, Subpart

F.Coating Operations, and Subpart Z.Dry Cleaners.

Specifically, the IEPA’s proposal deletes those regulations

which are duplicated in Parts 218 and 219, adds language

at Section 216.206(a) which exempts certain coaters, adds

a new exemption for touch-up and repair coatings in

Section 215.206(b), and deletes Sections 215.206(b),

215.206(c), and 215.601 through 606. The Board also

granted the IEPA’s motion for expedited hearing, noting

that because the proposal deals with a state-wide regula-

tion, at least two hearing must be held in at least two areas

of the State of Illinois. Hearings will be set shortly.

Any questions regarding this rulemaking may be di-

rected to Audrey Lozuk-Lawless at 312/814-6923, e-mail

address: alozukla@pcb084r1.state.il.us

December 1997 ENVIRONMENTAL REGISTER No. 522

oard Adopts Emissions Reduction Market System,

R97-13

On November 20, 1997, the Board adopted rules cre-

ating an Emissions Reduction Market System (ERMS).

Docketed by the Board as R97-13, these 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.

New 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 emis-

sions of at least 10 tons of VOM. New 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 seasonal emissions of VOM. Sources can

either reduce their emissions by 12% or purchase ATUs

from the market created by the rule to meet their emis-

sions 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 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.

On October 2, 1997, the Board adopted an order for

second notice review by the Joint Committee on Admin-

istrative Rules (JCAR). On November 12, 1997, JCAR

issued a certificate of no objection to this rulemaking.

Any questions regarding this rulemaking may be di-

rected to Richard McGill at 312/814-6983, e-mail

address: rmcgill@pcb084r1.state.il.us

oard Adopts Amendments to the Clean Fuel Fleet

Program: 35 Ill. Adm. Code 241, R 98-8

On November 20, 1997, the Board adopted amend-

ments to the Clean Fuel Fleet Program (CFFP), docketed

by the Board as R98-8. This rulemaking was proposed

and adopted 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 rule amends certain

sections of the CFFP to reflect that owners and operators

of fleets will have an additional year to meet the require-

ments of the CFFP and to correct certain amounts of

credit given for over-compliance.

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 seven 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. On October 16,

1997, the Board adopted the rules for second notice

review by the Joint Committee on Administrative Rules

(JCAR). On November 12, 1997, JCAR issued a

certificate of no objection to the rules.

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 Identical-in-Substance Amendments

to the Resource Conservation and Recovery Act

Subtitle D Non-Hazardous Waste Regulations,

R97-20

On November 20, 1997, the Board adopted amend-

ments to the Resource Conservation and Recovery Act

(RCRA) (42 U.S.C.

6944, 6949(a) (1976)) Subtitle D

municipal solid waste landfill (MSWLF) regulations. In

the Matter of: RCRA Subtitle D Update, USEPA

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

(August 7, 1997), R97-20. The federal RCRA Subtitle D

regulations are found at 40 CFR 258 and reflect those

amendments made during the period from July 1, 1996

through December 31, 1996.

Section 22.40(a) of the Environmental Protection Act

(415 ILCS 5/22.40(a) (1996)) provides for quick adoption

of regulations that are identical-in-substance to federal

RCRA Subtitle D regulations adopted by the United States

Environmental Protection Agency (USEPA) to implement

Sections 4004 and 4010 of the RCRA. 42 U.S.C.

6944,

6949(a) (1976). Because this rulemaking is not subject to

Section 5 of the Administrative Procedure Act, this

rulemaking is not subject to first notice or to second

notice review by the Joint Committee on Administrative

Rules.

The amendments incorporate revisions to the federal

financial assurance requirements applicable to local units

of government that own or operate MSWLFs. Specifi-

cally, the amendments provide that local units of govern-

ments that own or operate MSWLFs may apply for a

financial test for self-assurance, and that they may

guarantee the costs of corrective action, closure, and/or

post-closure care on behalf of an owner or operator of a

ENVIRONMENTAL REGISTER No. 522 December 1997

MSWLF. Additionally, the amendments allow the State

of Illinois to extend the deadline for financial assurance

for a facility up to April 9, 1998. The owner or operator

must demonstrate that it could not timely comply because

it could not obtain financial assurance for the site by the

April 9, 1997, compliance deadline and that the lack of

financial assurance would not adversely affect human

health or the environment. The amendments are found at

35 Ill. Adm. Code 810 and 811.

The regulations also incorporate a recent federal

amendment that essentially allows the State to relax

certain requirements for small landfills,

i.e.,

on-site

landfills (see

Federal Actions).

These amendments do not

apply, however, if the facility is a RCRA Subtitle C

hazardous waste disposal facility or a RCRA Subtitle D

MSWLF. The amendments are found at 35 Ill. Adm.

Code 811.

Finally, the regulations include amendments in re-

sponse to Public Act 89-200 (Pub. Act 89-200, eff. July

21, 1996). These regulations include amendments to the

federal deadline for landfill financial assurance and

qualifications for an insurer providing financial insurance.

On August 7, 1997, the Board adopted the proposal

for public comment. Notice of the proposed amendments

appeared in the

Illinois Register

on August 29, 1997, at 21

Ill. Reg. 11835 (Part 810) & 11840 (Part 11). Three

public comments were received during the 45-day

comment period.

Any questions regarding this rulemaking may be di-

rected to Michael McCambridge at 312/814-6924, e-mail:

mmccambr@pcb084r1.state.il.us

oard Adopts First Notice Proposal in the Matter

of Amendments to General Permitting Provisions

to Require Perpetual Permits for Certain Sources

(Amendments to 35 Ill. Adm. Code 201), R98-13

On November 20, 1997, the Board adopted for first

notice publication in the

Illinois Register

amendments to

general permitting provisions to require perpetual permits

for certain sources, located at 35 Ill. Adm. Code 201. On

October 10, 1997, the Illinois Environmental Protection

Agency (IEPA) filed this proposal to amend the Board’s

regulations concerning air permits. Specifically, the

IEPA’s proposal requests that the Board amend certain

sections of Part 201 to provide perpetual permits for

sources that emit 25 tons or more per year and are not

subject to Section 39.5 of the Environmental Protection

Act (Act) (415 ILCS 5/39.5 (1996)) or required to obtain

a federally enforceable State operating permit. On

October 16, 1997, the Board adopted an order accepting

the IEPA’s proposal for hearing and granting the IEPA’s

motion to expedite proceedings. The proposal indicates

that the proposed rules are required by amendments to the

Act contained in Public Act 90-367 (Pub. Act 90-367, eff.

August 10, 1997). Pursuant to Public Act 90-367, the

Board is required to revise its rules to reflect the amend-

ments to the Act before July 1, 1998. Due to the stringent

timeframes for adopting these proposed rules, the Board

adopted this matter for first notice under the Illinois

Administrative Procedure Act (5 ILCS 100/5-5

et seq.

(1996)) without commenting on the merits of the pro-

posal.

The first hearing in this matter was held on December

8, 1997, in Chicago, Illinois. The second hearing will be

held at 10:00 a.m. on January 12, 1998, at the Illinois

Police Training Board, 600 S. Second Street, Third Floor

Conference Room, Springfield, Illinois.

Upon publication of the proposal in the

Illinois Reg-

ister

, a 45-day public comment period will commence

whereupon interested persons may direct any written

comments to the Clerk of the Board.

Questions regarding this rulemaking may be directed

to Charles King at 312/814-6926, e-mail address:

cking@pcb084r1.state.il.us

December 1997 ENVIRONMENTAL REGISTER No. 522

FEDERAL ACTIONS

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being taken at the direct request of numerous state and

local agencies whose on-road mobile source-oriented lead

monitors have been reporting peak lead air pollution

values that are many times less than the quarterly lead

NAAQS of 1.5 mg. for many years. Approximately 70 of

the national air monitoring states (NAMS) and a number

of the state and local air monitoring stations could be

discontinued with this action, thus making more resources

available to those state and local agencies to deploy lead

air quality monitors around unmonitored lead stationary

sources.

The current lead air monitoring regulations require

that each urbanized area with a population of 500,000 or

more operate at least two lead NAMS, one of which must

be a roadway-oriented site and the second must be a

neighborhood site with nearby traffic arteries or other

major roadways. There are approximately 85 NAMS in

operation for 1996. The proposal would reduce this

NAMS requirement to include one NAMS site in one of

the two largest metropolitan statistical areas within each

of the ten USEPA regions, and one NAMS population-

oriented site in each populated area where lead violations

have been measured over the most recent eight calendar

quarters. This latter requirement is designed to provide

information to citizens living in areas that have one or

more lead stationary sources that are causing recent air

quality violations. At present, Madison County, Illinois is

designated the metropolitan statistical area with one or

more quarterly NAAQS violation and would be subject to

this requirement.

nnouncement of Stakeholder Meeting on Possible

Revisions to National Primary Drinking Water

Regulations for Radionuclides

On November 7, 1997, the United States Environ-

mental Protection Agency (USEPA) announced that on

December 11 and 12, 1997, it will hold a public meeting

in Washington, D.C. to discuss issues concerning the

development and revisions of the National Primary

Drinking Water Regulations (NPDWRs) for radionu-

clides. 62 Fed. Reg. 60242 (November 7, 1997). The

radionuclides, for the purposes of this meeting, include

alpha emitters, beta and photon emitters, and radium and

uranium, but do not include radon. Under a court order

on a stipulated agreement by the parties, USEPA agreed

to publish final regulations for uranium, and to revise as

necessary the current alpha, beta and photon emitters, and

radium NPDWRs by November 2000. The USEPA is in

the process of reviewing current scientific information,

new technologies, cost factors, implementation issues, and

other considerations relating to these contaminants in light

of the Safe Drinking Water Amendments of 1996 (see 42

U.S.C.

300f

et seq.

(1996)). Before deciding on any

course of action, USEPA is interested in obtaining views

of individuals, agencies, and organizations, who have a

stake in possible revisions to the drinking water regula-

tions for radionuclides.

Section 17.6 of the Environmental Protection Act

(415 ILCS 5/17.6 (1996)) provides that the

“maximum contaminant levels of barium, fluo-

ride and radionuclides (including radium 226,

radium 228, uranium, radon, gross alpha particle

and gross beta activity) in Illinois public water

supplies shall be the enforceable maximum con-

centration limits promulgated from time to time

by the Administrator of the U. S. Environmental

Protection Agency to implement Sections 1401

and 1412 of the federal Safe Drinking Water

Act.”

pproval and Implementation of an Illinois State

Implementation Plan

By means of a direct final rule effective September 8,

1997, the United States Environmental Protection Agency

(USEPA) approved a revision to the Illinois State

Implementation Plan (SIP). 62 Fed. Reg. 62951

(November 26, 1997). The Illinois SIP tightens volatile

organic material (VOM) regulations for cold cleaning

degreasing operations in the Chicago and Metro-East

ozone nonattainment areas. 62 Fed. Reg. 62951

(November 26, 1997). VOM combines with oxides of

nitrogen in the atmosphere to form ground-level ozone,

commonly known as smog. Exposure to ozone is

associated with a wide variety of human health effects,

agricultural crop loss, and damage to forests and ecosys-

tems.

The VOM rules were adopted by the Board in a

rulemaking docketed as R97-24, on June 5, 1997, and

became effective June 20, 1997 (21 Ill. Reg. 7708, 7721

(June 20, 1997). The Illinois Environmental Protection

Agency formally submitted the rules to USEPA on

September 8, 1997, as a revision to the Illinois SIP for

ozone. USEPA made a finding of completeness in a letter

dated October 9, 1997.

Illinois intends to include the tightened cold cleaning

degreasing regulations as part of its 1999 and 2002 Rate

of Progress Plans. Section 182(c)(2)(B) of the Clean Air

Act (42 U.S.C.

182(c)(2)(B) (1990)) requires any

serious and above ozone nonattainment area to achieve

post-1996 ROP reductions of 3% of VOM 1990 baseline

emissions per year, averaged over each consecutive 3-year

period, until the area has achieved the attainment of the 1-

hour ozone national ambient air quality standard. Illinois

expects that the control measures specified in this SIP

revision will reduce VOM emissions by 11.35 tons per

day (TPD) by 1999 in the Chicago area and .79 TPD by

1999 in the Metro-East area.

ENVIRONMENTAL REGISTER No. 522 December 1997

The direct final rule is effective on January 26, 1998,

unless USEPA receives written adverse or critical

comments by December 26, 1997. Written comments

should be sent to: J. Elmer Bortzer, Chief, Regulation

Development Section, Air Programs Branch (AR-18J),

USEPA, 77 West Jackson Boulevard, Chicago, Illinois

60604.

larification of Standards of Performance for New

Stationary Sources: Nonmetallic Mineral Proc-

essing Plants

On November 26, 1997, the United States Environ-

mental Protection Agency (USEPA) clarified the applica-

bility of the new source performance standards for

nonmetallic mineral processing plants (40 CFR

60.6700(a)). 62 Fed. Reg. 62953 (November 26, 1997).

This action is necessary because of incorrect guidance and

preamble language regarding the regulation’s applicability

to affected facilities in the nonmetallic mineral processing

industry. The April 1991 “Regulatory and Inspection

Manual for Nonmetallic Mineral Processing Plants”

included the following incorrect statement: “Subpart

OOO affected facilities begin with the first crushing or

grinding operation at the plant.”

Section 60.670(a) of subpart OOO lists the affected

facilities in fixed or portable nonmetallic mineral

processing plants. This lists includes each crusher,

grinding mill, screening operation, bucket elevator, belt

conveyor, bagging operation, storage bin, and enclosed

truck or railcar loading station. The clear intent of the

regulation is that all facilities listed in Section 60.670(a)

are subject to subpart OOO. While subpart OOO affected

operations typically have crushers or grinding mills

located at or near the beginning of the nonmetallic mineral

processing line, this is not always the case (

e.g.

, some

plants may convey, screen, or otherwise process materials

without first utilizing a crusher located in the plant).

Therefore, USEPA is clarifying that as long as crushing or

grinding occurs anywhere at a nonmetallic mineral

processing plant, any affected facility listed in Section

60.670(a) is subject to subpart OOO regardless of its

location within the plant. USEPA expects that plants that

have not considered facilities prior to the first crushing or

grinding operations as affected facilities, will now ensure

that those affected facilities will meet all the applicable

regulatory requirements.

otice of Consent Decree in United States v. Ford

Motor Company, Chicago, Illinois Assembly Plant

On November 21, 1997, notice was given that a pro-

posed consent decree in United States v. Ford Motor

Company, civil action no. 97 C 7716, has been lodged

with the United States District Court for the Northern

District of Illinois on November 3, 1997. 62 Fed. Reg.

62348 (November 21, 1997). The consent decree

resolves claims asserted against defendant, Ford Motor

Company (Ford), under the Clean Air Act (42 U.S.C.

7401

et seq

. (1990)) for violations of 40 CFR 52.741(x),

which was part of a federal implementation plan for the

Chicago metropolitan area ozone nonattainment area.

Under the proposed consent decree, Ford will implement

and maintain specific measures that will substantially

reduce emissions from cleanup solvents at Ford’s Chicago

Assembly Plant, and Ford will pay a civil penalty of

$135,000.

Comments may be sent until December 22, 1997, to

the Assistant Attorney General of the Environmental and

Natural Resources Division, United States Department of

Justice, P.O. Box 7611, Washington, D.C. 20044, and

should refer to D.J. Ref. 909-5-2-1-1932.

equest for Proposals for Great Lakes National

Program Office Funding

The United States Environmental Protection

Agency’s (USEPA) Great Lakes National Program Office

(GLNPO) is requesting the submission of proposals for

GLNPO funding. This request is part of the fiscal year

1998-1999 Great Lakes Priorities and Funding Guidance

(Funding Guidance). The Funding Guidance identifies

Great Lakes priorities, solicits proposals for assistance

projects, and describes other federal Great Lakes funding

opportunities. Under the Funding Guidance, proposals

are requested for a total of up to $3.7 million in funding

targeted to: contaminated sediments ($1.4 million),

pollution prevention ($700 thousand), assess-

ment/indicators ($200 thousand), habitat protection and

restoration ($1.1 million), and exotic species ($300

thousand). The deadline for submissions of preproposals

is January 15, 1998. For further information contact Mike

Russ, USEPA-GLNPO, G-17J, 77 West Jackson Boule-

vard, Chicago, Illinois 60604, (312) 886-4013, e-mail:

russ.michael@epamail.epa.gov.

December 1997 ENVIRONMENTAL REGISTER No. 522

Final Decisions 11/6/97

96-263

People of the State of Illinois v. George Ribble -

The Board accepted a stipulation and settlement

agreement in this air enforcement action involving a Cook

County facility, ordered respondent to pay a civil penalty

of $35,000, ordered him to perform a supplemental

environmental project, and ordered respondent to cease

and desist from further violations.

97-48

People of the State of Illinois v. Sentry Asbestos

Abatement Company, Inc. - The Board accepted a

stipulation and settlement agreement in this air

enforcement action involving a Ford County facility,

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

ordered respondent to cease and desist from further

violations.

97-49

People of the State of Illinois v. K & B Wrecking,

Ltd. - The Board accepted a stipulation and settlement

agreement in this air enforcement action involving a Cook

County facility, ordered respondent to pay a civil penalty

of $10,000, and ordered respondent to cease and desist

from further violations.

97-102

Borden Chemicals and Plastic Operating Limited

Partnership v. IEPA - The Board granted this Sangamon

County facility a variance, subject to conditions, from the

general use water quality standards for temperature set

forth at 35 Ill. Adm. Code 302.211(b)-(e) and 304.105.

Board Member K.M. Hennessey abstained.

97-233

Citizens Opposed to Additional Landfills and

Harvey C. Pitt, individually and as a member of Citizens

Opposed to Additional Landfills v. Greater Egypt

Regional Environmental Complex a/k/a Gere Properties,

Inc. and the Perry County Board of Commissioners - The

Board affirmed the May 27, 1997, decision of the Perry

County Board of Commissioners granting siting approval

to respondent, Gere Properties, Inc.

98-15

Consolidation Coal Company v. IEPA - The Board

granted petitioner’s motion for withdrawal of this air

permit appeal involving a Jefferson County facility.

98-64

Commonwealth Edison Company (Dresden 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

effluent discharge requirements of the water pollution

control regulations, as set forth in Special Conditions Nos.

2A, 2D, and 2G of National Pollutant Discharge

Elimination System Permit No. IL002224, 35 Ill. Adm.

Code 302.211(d), 304.141(c), and 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.

98-65

City of Kewanee v. IEPA - Upon receipt of an

IEPA recommendation, the Board granted this Henry

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

Special Condition No.12 of its National Pollutant

Discharge Elimination System Permit No. IL0029343, and

35 Ill. Adm. Code 305.102, 309.146(a)(4), and

304.141(b). Board Member K.M. Hennessey abstained.

98-66

Diamond Plating Company, Inc. v. IEPA - Upon

receipt of an IEPA recommendation, the Board granted a

nine-day provisional variance from the 90-day limitation

on the accumulation of hazardous wastes at this Madison

County facility.

AC 98-2

IEPA v. Frank A. Olson - The Board entered an

order finding that this Henderson County respondent

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

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

AC 98-9

County of Vermilion v. Emery Johnson - The

Board entered an order dismissing this administrative

citation for failure to perfect service within 60 days of the

date of the observed violation.

R96-10

In the Matter of: RCRA Update, USEPA

Regulations (July 1, 1995 through December 31, 1995) -

The Board adopted amendments to the underground

injection control and hazardous waste regulations found at

35 Ill. Adm. Code 702, 703, 720 through 726, 728, 733,

738, and 739. Consolidated with R97-3 and R97-5.

See

Rulemaking Update.

R97-3

In the Matter of: UIC Update, USEPA Regulations

(January 1, 1996 through June 30, 1996) - The Board

adopted amendments to the underground injection control

and hazardous waste regulations found at 35 Ill. Adm.

Code 702, 703, 720 through 726, 728, 733, 738, and 739.

Consolidated with R96-10 and R97-5.

See Rulemaking

Update.

R97-5

In the Matter of: In the Matter of RCRA Update,

USEPA Regulations (January 1, 1996 through June 30,

1996) - The Board adopted amendments to the

underground injection control and hazardous waste

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

through 726, 728, 733, 738, and 739. Consolidated with

R96-10 and R97-3.

See Rulemaking Update.

ENVIRONMENTAL REGISTER No. 522 December 1997

Final Decisions 11/20/97

91-219

General Motors Corporation, Powertrain Division

v. IEPA - The Board granted petitioner’s motion for

withdrawal of this National Pollutant Discharge

Elimination System permit appeal involving a Vermilion

County facility. Board Member K.M. Hennessey

abstained.

94-199

Citizens Utilities Company of Illinois v. IEPA -

The Board granted petitioner’s motion for withdrawal of

this National Pollutant Discharge Elimination System

permit appeal involving a Will County facility. Board

Member K.M. Hennessey abstained.

96-265

Edward M. Pearl v. Bicoastal Corporation, Singer

Corporation, and Eaton Corporation - The Board granted

complainant’s motion for withdrawal of this citizen’s land

enforcement action involving a McHenry County facility.

97-84

George Casanave v. Amoco Oil Company - The

Board granted respondent’s motion for dismissal of this

citizen’s underground storage tank enforcement action

involving a Cook County facility, finding that there is no

set of facts in the complaint which can be proven that

would entitle the complainant to relief. Board Member

R.C. Flemal concurred.

97-111

People of the State of Illinois v. John Prior and

Industrial Salvage, Inc. - The Board entered an order

finding that these Marion County respondents violated

Sections 12(a), 21(d)(1), (d)(2), and (o)(11) of the

Environmental Protection Act (Act) (415 ILCS 5/12(a),

21(d)(1), (d)(2), (o)(11) (1994)) and Sections 620.115,

620.301, 620.302(c), 620.405, 620.410, 807.313, and

807.315 of the Board’s groundwater quality standards (35

Ill. Adm. Code 620.115, 620.301, 620.302(c), 620.405,

620.410, 807.313, 807.315). The Board further imposed

a civil penalty against respondents in the amount of

$287,000 and ordered respondents to reimburse

complainant $2,520 for attorney fees associated with

prosecuting this enforcement action. Finally, the Board

directed John Prior and Industrial Salvage, Inc. to cease

and desist from further violations of the Act and Board

regulations

Board Member K.M. Hennessey abstained.

98-33

East Saint Louis Authority 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 St.

Clair County facility.

98-35

Sycamore Community Unit School District No. 427

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 DeKalb County facility.

98-39

W.E.S. Enterprises, Inc. 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

Cook County facility.

98-68

Fedders Corporation 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 Effingham

County facility.

98-69

North Shore Sanitary District (Waukegan, Gurnee,

and Clavey Road Sanitary Treatment Plants) 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 Special Condition No. 8 of its

National Pollutant Discharge Elimination System Permits

Nos. IL0030244 (Waukegan), IL0035092 (Gurnee), and

IL0030171 (Clavey Road) and 35 Ill. Adm. Code

302.208(d) and 304.141(a). Board Member K.M.

Hennessey abstained.

98-70

Citizens Utilities Company of Illinois (Valley

Marina Water Reclamation Facility) v. IEPA - Upon

receipt of an IEPA recommendation, the Board granted

this Henry 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 National Pollutant Discharge Elimination

System Permit No. IL0031551 and 35 Ill. Adm. Code

304.120 and 304.141(a). Board Member K.M. Hennessey

abstained.

AC 97-55

County of Will v. Phyllis Harrington and

Phillip Sandberg, Jr. - The Board granted complainant’s

motion for withdrawal of this administrative citation

involving a Will County facility.

AC 98-11

County of Will v. Kavanaugh Enterprises, Inc.

- 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 it to pay a civil penalty of

$1,000.

December 1997 ENVIRONMENTAL REGISTER No. 522

R97-13

In the Matter of: Emissions Reduction Market

System Adoption of 35 Ill. Adm. Code 205 - The Board

adopted amendments adding 35 Ill. Adm. Code 205 to the

air pollution control regulations.

See Rulemaking

Update.

R97-20

In the Matter of: RCRA Update, Subtitle D,

USEPA Regulations (July 1, 1996 through December 31,

1996) - The Board adopted identical-in-substance

amendments to the hazardous waste regulations found at

35 Ill. Adm. Code 811.

See Rulemaking Update.

R98-8

In the Matter of: Clean Fuel Fleet Program:

Amendments to 35 Ill. Adm. Code 241 - The Board

adopted amendments to the air pollution control

regulations found at 35 Ill. Adm. Code 241.

See

Rulemaking Update.

New Cases 11/6/97

98-36

OK Service Center v. IEPA - The Board accepted

for hearing this appeal of an underground storage tank

decision on behalf of a Cook County facility.

98-54

Edward Malina v. Jean Day - The Board held this

citizen’s underground storage tank enforcement action

against a DuPage County facility for a duplicitous and

frivolous determination.

98-55

Donald McCarrell and Ann McCarrell v. Air

Distribution Associates, Inc. - The Board held this

citizens’ land enforcement action against a DuPage

County facility for a duplicitous and frivolous

determination.

98-56

People of the State of Illinois v. Certified Wrecking

Company, Inc. - The Board received for hearing this air

enforcement action against a Cook County facility.

98-57

Edward J. and Janina E. Klich v. Wal-Mart

(Facility #1003) - The Board accepted for hearing this

citizens’ noise enforcement action against a DuPage

County facility.

98-58

People of the State of Illinois v. Stephen Berger

d/b/a Layer One - The Board received for hearing this

Resources Conservation and Recovery Act enforcement

action against a Winnebago County facility.

98-59

Morton College Board of Trustees of Illinois,

Community College District No. 527 v. Town of Cicero -

The Board received for hearing this Resources

Conservation and Recovery Act enforcement action

against a Cook County facility.

98-60

CDT Landfill Corporation v. City of Joliet - The

Board accepted for hearing this appeal of a pollution

control facility (landfill) siting decision involving a Will

County facility.

98-61

People of the State of Illinois v. James Patton, an

individual d/b/a A & J Manufacturing - The Board

received for hearing this Resources Conservation and

Recovery Act enforcement action against a Cook County

facility.

98-62

Raymond S. Hara v. IEPA - The Board accepted

for hearing this appeal of an underground storage tank

decision involving a Cook County facility. As two

separate IEPA decisions were involved, the Board split

this docket and opened PCB 98-67. This appeal covers the

invoice period from February 7, 1993, to November 13,

1993. Board Member K.M. Hennessey abstained.

98-63

Exolon ESK Company 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 Putnam

County facility. Board Member K.M. Hennessey

abstained.

98-64

Commonwealth Edison Company (Dresden Station)

v. IEPA -

See Final Actions

98-65

City of Kewanee v. IEPA -

See Final Actions

98-66

Diamond Plating Company, Inc. v. IEPA -

See

Final Actions

98-67

Raymond S. Hara v. IEPA - The Board accepted

for hearing this appeal of an underground storage tank

decision involving a Cook County facility. This docket

was opened as a result of the Board’s order in PCB 98-62.

The appeal covers the invoice period from February 3,

1994, to January 23, 1995. Board Member K.M.

Hennessey abstained.

AC 98-12

County of Will v. Albert Barnes and Mary

Barnes - The Board received an administrative citation

against these Will County respondents.

AC 98-13

IEPA v. Mandarin Investment Corporation,

Jayne Lien, and Fred Rosenberger - The Board received

an administrative citation against these Champaign

County respondents.

ENVIRONMENTAL REGISTER No. 522 December 1997

R98-12

In the Matter of: Amendment of 35 Ill. Adm.

Code 703, 720, 721, 724, 725, 728, and 733 (Standards

for Universal Waste Management) - The Board accepted

for hearing the IEPA’s proposal to amend the Board’s

regulations concerning standards for universal waste

management. -

See Rulemaking Update

R98-14

In the Matter of: Petition of PDV Midwest

Refining, L.L.C. for Site-Specific Rule Change from 35

Ill. Adm. Code 304.213 - The Board accepted for hearing

petitioner’s proposal to amend and renew a previously

granted site-specific rule in the Board’s water discharge

regulations. -

See Rulemaking Update

R98-15

In the Matter of: Clean-Up Amendments to 35

Ill. Adm. Code Part 215 - The Board accepted for hearing

the IEPA’s proposal to amend the Board’s air pollution

control regulations. -

See Rulemaking Update

New Cases 11/20/97

98-68

Fedders Corporation v. IEPA -

See Final Actions

98-69

North Shore Sanitary District (Waukegan, Gurnee,

and Clavey Road Sanitary Treatment Plants) v. IEPA -

See Final Actions

98-70

Citizens Utilities Company of Illinois (Valley

Marina Water Reclamation Facility) v. IEPA -

See Final

Actions

98-71

Brickyard Disposal and Recycling, Inc. v. IEPA -

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

time to file a permit appeal on behalf of a Vermilion

County facility.

98-72

St. Clair Properties Development, Inc. v. IEPA -

The Board held this request for a permit appeal on behalf

of a St. Clair County facility, finding the petition

deficient, and requesting the filing of an amended petition

within 30 days to cure the deficiencies.

AC 98-14

County of Montgomery v. Envotech-Illinois,

Inc. - The Board received an administrative citation

against this Montgomery County respondent.

AS 98-3

In the Matter of: Petition of Sundstrand

Corporation for an Adjusted Standard from 35 Ill. Adm.

Code 215.204(j)(3) - The Board acknowledged receipt of

this petition for an adjusted standard from certain

requirements on behalf of a Winnebago County facility

and held it pending receipt of a certificate of publication.

AS 98-4

In the Matter of: Petition of Sundstrand

Corporation for an Adjusted Standard from 35 Ill. Adm.

Code 215.204(j)(3) - The Board acknowledged receipt of

this petition for an adjusted standard from certain

requirements on behalf of a Winnebago County facility

and held it pending receipt of a certificate of publication.

October 1997 ENVIRONMENTAL REGISTER No. 520

CALENDAR OF MEETINGS

Date &

Time

Docket

Number

Case Name Location of Hearing

12/15/97

10:00am

R 98-12 In the Matter of: 35 Ill. Adm. Code 703, 720,

721,724, 728, and 733 (Standards for Universal

Waste Management)

James R. Thompson Center, 100 West

Randolph Street, Suite 9-040, Chicago, IL

60601

12/18/97

10:30am

Illinois Pollution Control Board Meeting James R. Thompson Center, 100 West

Randolph Street, Suite 9-040, Chicago,

IL 60601

12/18/97

1:30pm

R 98-15 In the Matter of: Clean-up Amendments to 35

Ill. Adm. Code Part 215

James R. Thompson Center, 100 West

Randolph Street, Suite 8-032, Chicago, IL

60601

12/19/97

10:00am

PCB 98-60 CDT Landfill Corporation v. City of Joliet Joliet City Hall, Council Chambers, 150

West Jefferson Street, Joliet, IL 60432

12/19/97

10:00am

R 97-27 In the Matter of Revision to Waste Disposal

Rules: Amendment to 35 Ill. Adm. Code

817.101

Illinois State Library, Room 403/404, 300

South Second Street, Springfield, IL 62704

12/22/97

1:00pm

R 98-15 In the Matter of: Clean-up Amendments to 35

Ill. Adm. Code Part 215

Illinois Pollution Control Board, 600 South

Second Street, Fourth Floor Conference

Room, Springfield, IL 62704

12/23/97 IEPA

Hearing

Illinois EPA’s Revolving Loan Fund Intended

Use for the Public Water Supply Loan Program

for 1998

Illinois EPA, Bureau of Water, 1001 N.

Grand Ave. East, Springfield, IL 62702

1/8/98

10:30am

Illinois Pollution Control Board Meeting James R. Thompson Center, 100 West

Randolph Street, Suite 9-040, Chicago,

IL 60601

1/8/98

1:00pm

R98-16 In the Matter of: Petition of W.R. Grace & Co. -

Conn. and the IEPA for Site Specific Air

Regulation: 35 Ill. Adm. Code 218.940(h)

James R. Thompson Center, 100 West

Randolph Street, Suite 9-031, Chicago, IL

60601

1/9/98

1:30am

AC 97-71 County of Will v. Michael O’Gradney, Will

County Docket No. WC 97 AC 15

Will County Courthouse, 14 West Jefferson

Street, Room 100, Joliet, IL 60432

1/12/98

10:00am

R 98-13 In the Matter of: Amendments to General

Permitting Provisions to Require Perpetual

Permits for Certain Sources: Amendment to 35

Ill. Adm. Code 201

Illinois Police Training Board, 600 South

Second Street, Third Floor Conference

Room, Springfield, IL 62702

1/22/98

10:30am

Illinois Pollution Control Board Meeting James R. Thompson Center, 100 West

Randolph Street, Suite 9-040, Chicago,

IL 60601