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Board Accepts for Hearing
Proposal for Rulemaking in In
the Matter of Proportionate
Share Liability, Amendments to
35 Ill. Adm. Code 742, R97-16
On February 5, 1998, the
Board accepted for hearing a
proposal of the Illinois Environ-
mental Protection Agency to add a
new Part 741 to the Board’s waste
disposal regulations. The proposed
rules would establish procedures
for implementing a proportionate
share liability scheme established
by Public Act 89-443, effective
July 1, 1996. This amendatory
legislation added a new liability
section to Title XVII of the
Environmental Protection Act
(Act). Specifically, Section 58.9 of
the Act (415 ILCS 5/58.9 (1996))
repealed joint and several liability
in environmental actions and
replaced it with proportionate share
liability. The statutory deadline for
the completion of this rule is
January 1, 1999. See Pub. Act 90-
484, eff. August 17, 1997
(amended 415 ILCS 5/58.9
(1996)). Hearings in this matter
will be scheduled in the near future.
Please direct any questions
regarding this rulemaking to
Cynthia Ervin at 217/524-8509; e-
mail address: cervin@pcb084r1.
state.il.us
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United States Environmental Protection Agency Issued Its Draft “Guidance
for States on Implementing the Capacity Development Provisions of the
1996 Amendments to the Safe Drinking Water Act” for Public Comment
On February 5, 1998, the United States Environmental Protection Agency
(USEPA) issued for public comment its draft “Guidance for States on Imple-
menting the Capacity Development Provisions of the 1996 Amendments to the
Safe Drinking Water Act.” 63 Fed. Reg. 6018 (February 5, 1998). The USEPA
is also announced the availability of the following related draft documents for
public review and comment: Information for States on Implementing the
Capacity Development Provisions of the Safe Drinking Water Act (SDWA) and
Information for the Public on Participating with States in Preparing Capacity
Development Strategies.
The 1996 SDWA Amendments are intended to bring significant improve-
ments to the national drinking water program. Capacity development is an
important component of the SDWA’s focus on preventing problems in drinking
water. The capacity development provisions offer a framework within which
states and water systems can work together to ensure that systems acquire and
maintain the technical, financial, and managerial capacity needed to achieve the
public health protection objectives of the SDWA.
The draft guidance published and the draft information documents being
made available are the result of a “thorough stakeholder consultation process”
initiated by USEPA and its National Drinking Water Advisory Council
(NDWAC). The NDWAC was established by the original SDWA as a diverse
group of stakeholders to advise the USEPA regarding the implementation of the
capacity development provisions of the SDWA Amendments of 1996.
USEPA invites public comments be directed by April 6, 1998, to Peter E.
Shanaghan, Small Systems Coordinator, USEPA, 401 M Street,
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oard Adopts Second Notice Proposal in In the
Matter of Amendments to 35 Ill. Adm. Code 703,
720, 721, 724, 725, 728, and 733 (Standards for
Universal Waste Management), R98-12
On February 5, 1998, the Board adopted a second-
notice proposal, amending Parts 703, 720, 721, 724, 725,
728, and 733 as they relate to standards for universal
waste management. This rulemaking was based on
legislation signed into law as Public Act 90-502 on
August 19, 1997, by Governor Jim Edgar (Pub. Act 90-
502, eff. August 19, 1997 (amended 415 ILCS 5/22.23a
(1996)). This legislation designated high intensity
discharge lamps and flourescent lamps as a category of
universal waste. The legislation further requires that the
Board complete this rulemaking on or before April 15,
1998.
Specifically, the proposal amends Part 733 to desig-
nate mercury-containing lamps, which are currently
classified as hazardous waste, as universal waste. The
purpose of classifying the waste as universal waste is to
reduce the amount of hazardous waste in the municipal
solid waste stream, to encourage recycling and proper
disposal of common hazardous wastes, and to reduce the
regulatory burden on businesses that generate waste. In
Subpart A of Part 733, mercury-containing lamps were
added to Section 733.101 in order for mercury-containing
lamps to be managed as universal waste. New definitions
of electric lamp and mercury-containing lamps were
added to Section 733.106. In the same section, mercury-
containing lamps were added to the definition of large
quantity handler of universal waste, small quantity handler
of universal waste, and universal waste. A new section
733.107 was proposed regarding the applicability of the
provisions. Specifically, the new provisions provide that
used mercury-containing lamps become waste on the date
that the handler permanently removes it from its fixture,
and an unused mercury-containing lamp becomes waste
on the date that the handler decides to discard it. The
Board also proposes to amend Parts 703, 720, 721, 724,
725, and 728 to conform to the amendments to Part 733.
Finally, the proposed amendments also contain some non-
substantive grammatical, typographical, and mechanical
changes to the proposal to conform the proposal to
codification requirements.
Please direct any questions regarding this rulemaking
to Cynthia Ervin at 217/524-8509; e-mail address:
cervin@pcb084r1.state.il.us
?
oard Adopts First Notice Proposal in In the
Matter of Municipal Solid Waste Landfill
(MSWLF) Rules: Amendments to 35 Ill. Adm.
Code 811, 813, 848, R98-9
On February 5, 1998, the Board adopted for first no-
tice publication in the
Illinois Register
a proposal for
amendments to the Board’s municipal solid waste landfill
rules (35 Ill. Adm. Code 811, 813 and 848). On August
11, 1997, the Illinois Environmental Protection Agency
and the National Solid Waste Management Association
(collectively, proponents) filed a joint proposal for
amendments to 35 Ill. Adm. Code 811, 813, and 848. On
August 21, 1997, the Board accepted the proposal for
public comment and added 35 Ill. Adm. Code 848.104 to
the proposal for public comment. On October 27, 1997,
and November 19, 1997, the Board held hearings in this
matter.
In general there are four reasons for the amendments
as proposed by the proponents: (1) to ease certain
requirements that drive up costs without commensurate
environmental benefit; (2) to modify or eliminate
requirements that the proponents believe are no longer
technically defensible; (3) to ensure uniformity in the
Board’s rules; and (4) to remain consistent with the
federal Resource Conservation and Recovery Act Subtitle
D program. Upon publication of the proposed amend-
ments in the
Illinois Register
, a 45-day public comment
period will commence whereby any written comments
may be directed to the Clerk of the Board.
Please direct any other questions to Marie Tipsord at
312/814-4925; e-mail address: mtip-
sord@pcb08r41.state.il.us
?
oard Adopts First Notice Proposal in In the
Matter of Clean-Up Amendments to 35 Ill. Adm.
Code 215, R98-15
On February 5, 1998, the Board adopted for first-
notice publication in the
Illinois Register
clean-up
amendments to 35 Ill. Adm. Code 215 (Emission Stan-
dards and Limitations for Stationary Sources located
outside the Chicago and Metro East Ozone Non-
attainment Areas). On October 30, 1997, the Illinois
Environmental Protection Agency (IEPA) filed a petition
for rulemaking to achieve further consistency between
Subparts A, F, and Z of Part 215 and other Board
regulations dealing with volatile organic material (VOM)
emissions from stationary emission sources.
A principle feature of the proposal is the deletion of
provisions from Part 215 that are duplicated in 35 Ill.
Adm. Code 211, 218, and 219. These include duplicated
definitions and various duplicated provisions that apply
only in non-attainment areas of the State. The IEPA also
recommends deletion of several obsolete provisions in
Part 215, addition to Part 215 of certain exemption
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provisions available to emission units in non-attainment
areas, and change of some word usage to comport Part
215 with other Board VOM regulations. Upon publica-
tion of the proposed amendments in the
Illinois Register
, a
45-day public comment period will begin. All written
comments may be filed with the Clerk of the Board.
Please direct any other questions regarding this rule-
making to Michael McCambridge at 312/814-6924; e-
mail address: mmccambr@pcb084r1.state.il.us
?
oard Adopts Rules in In the Matter of Safe
Drinking Water Update: United States Environ-
mental Protection Agency Regulations, January 1,
1997, through June 30, 1997, R98-2
On February 19, 1998, the Board adopted amend-
ments to update 35 Ill. Adm. Code 611 of the Board’s
regulations with rules that are identical in substance to
certain United States Environmental Protection Agency’s
(USEPA) regulations implementing the Safe Drinking
Water Act. It includes corrections to the federal rules, as
adopted by USEPA on March 5, 1997 (62 Fed. Reg.
10168 (March 5, 1997)).
This rulemaking adopts revisions to Part 611 regard-
ing radiological monitoring and analytical requirements.
More specifically, it approves the use of 66 additional
analytical methods for compliance with current radionu-
clide drinking water standards and monitoring require-
ments.
Pursuant to Section 17.5 of the Environmental Pro-
tection Act (Act) (415 ILCS 5/17.5 (1996)), the Board
must expeditiously adopt regulations that are identical in
substance to federal regulations. Section 17.5 also
provides that Title VII of the Act and Section 5 of the
Illinois Administrative Procedure Act (APA) (5 ILCS
100/5-35, 5-45 (1996)) do not apply. Because this
rulemaking is not subject to Section 5 of the APA, it was
not subject to first-notice requirements or second notice
review by the Joint Committee on Administrative Rules.
The Board adopted this proposal on December 4, 1997.
The proposal was published in the
Illinois Register
on
December 26, 1997 (22 Ill. Reg. 16956 (December 26,
1997)). One public comment was filed by the Illinois
Environmental Protection Agency, requesting several
nonsubstantive grammatical changes. Those requested
changes have been incorporated into the final opinion and
order.
Any further questions regarding this rulemaking may
be directed to Amy Muran Felton at 312/814-7011; e-mail
address: amuranfe@pcb.084r1.state.il.us
?
oard Dismisses Reserved Identical-In-Substance
Update Dockets, R98-18, R98-19, R98-20, R98-22
On February 19, 1998, the Board dismissed four
dockets reserved for updates of identical-in-substance
rules in various programs. Dockets were dismissed
because the United States Environmental Protection
Agency (USEPA) did not amend its rules during the
period from July 1, 1997, through December 31, 1997,
and, therefore, no Board action is necessary. The
dismissed dockets were: R98-18 entitled In the Matter of:
SDWA Update, USEPA Regulations (July 1, 1997
through December 31, 1997), R98-19 entitled In the
Matter of: UIC Update, USEPA Regulations (July 1,
1997 through December 31, 1997), R98-20 entitled In the
Matter of: RCRA Subtitle D Update, USEPA Regulations
(July 1, 1997 through December 31, 1997), and R98-22
entitled In the Matter of: UST Update, USEPA Regula-
tions (July 1, 1997 through December 31, 1997).
Any further questions regarding these dockets may be
directed to Michael McCambridge, 312/814-6924; e-mail
address: mmccambr@pcb084r1.state.il.us
?
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S.W., Mail Code 4606, Washington, D.C. 20460 or e-
mail: shanaghan.peter@epamail.gov.
?
nited States Environmental Protection Agency
Proposes Guidelines and Standards for Wastewa-
ter Discharges from Commercially-Operating
Hazardous Waste Combustor Facilities
On February 6, 1998, the United States Environ-
mental Protection Agency proposed Clean Water Act
(CWA) national effluent limitations guidelines and
standards for wastewater discharges from commercially-
operating hazardous waste combustor facilities regulated
as “incinerators” or “boilers and industrial furnaces”
under the Resource Conservation and Recovery Act
(RCRA) as well as commercially-operating non-hazardous
industrial waste combustor facilities. 63 Fed. Reg. 6391
(February 6, 1998). The proposal would not apply to
sewage sludge incinerators, medical waste incinerators,
municipal waste combustors, or other solid waste
combustion units. Sources of wastewater that would be
regulated under the proposal would include flue gas
quench, slag quench, and air pollution control wastewater.
This proposal would limit the discharge of pollutants
into navigable waters of the United States and the
introduction of pollutants into publicly-owned treatment
works by existing new stand-alone industrial waste
combustors that incinerate waste received from offsite.
The proposal would not apply to wastewater discharges
from industrial waste combustors that only burn wastes
generated on-site at an industrial facility or generated at
facilities under common corporate ownership. Compli-
ance with this proposed regulation is estimated to reduce
discharge of pollutants by at least 230,000 pounds per
year and to cost an estimated $2.16 million annualized.
Comments on this proposal must be sent by May 7,
1998, to Samantha Hopkins, USEPA, 401 M Street, S.W.,
Mail Code 4303, Washington, D.C. 20460.
?
otice of Consent Decree Pursuant to the Compre-
hensive Environmental Response, Compensation,
and Liability Act with the City of Rockford,
Winnebago County, Illinois
On February 5, 1998, the United States Environ-
mental Protection Agency (USEPA) issued a notice that
on January 21, 1998, the United States filed with the court
for the Northern District of Illinois, Western Division, a
proposed consent decree under the Comprehensive
Environmental Response, Compensation, and Liability
Act (CERCLA), as amended. 42 U.S.C. 9601
et seq.
63
Fed. Reg. 5967 (February 5, 1998). The consent decree
resolves certain claims of the United States against the
City of Rockford, under Sections 106(a) and 107(a) of
CERCLA (42 U.S.C. 9606, 9607(a)) at the Southeast
Rockford Groundwater Contamination Site (site) located
in Rockford, Winnebago County, Illinois. Under the
consent decree, the City of Rockford will perform the
remedial action selected by USEPA in its September 30,
1995, record of decision and the United States will receive
up to a maximum of $200,000 for future oversight
response costs incurred by USEPA in connection with the
City of Rockford’s performance of the remedial design
and remedial action at the site.
?
nited States Environmental Protection Agency
Announces the Public Availability of EPA 816-R-
98-001, “Information for States on Recommended
Operator Certification Requirements”
On February 6, 1998, the United States Environ-
mental Protection Agency (USEPA) announced the
availability of “Information for States on Recommended
Operator Certification Requirements (EPA 816-R-98-
001).” 63 Fed. Reg. 6176 (February 6, 1998). Section
1420(d)(2) of the Safe Drinking Water Act (SDWA) (33
U.S.C. 1251
et seq.
(1996)), as amended in 1996, requires
USEPA, through a partnership with states, public water
systems, and the public, to develop information for states
on recommended operator certification requirements.
USEPA was required to publish this information by
February 6, 1998. Consistent with these statutory
requirements, the USEPA has appointed such a work
group (the partnership) to provide advice on matters
relating to operator certification.
Chapter 1 of the aforementioned document contains a
summary of existing state operator certification programs.
Chapter 2 contains excerpts from the National Research
Council’s book entitled Safe Water from Every Tap.
Chapter 3 contains the “Operator Certification Program
Standards” developed by the Association of Boards of
Certification. Chapter 4 contains a listing of State
Drinking Water Administrators and Operator Certification
Program Officers. Offered in this package for information
only, this information will be used by USEPA as back-
ground material to develop operator certification guide-
lines, as required by Section 1419 of the SDWA. The
guidelines, which will be published by February 1999,
will specify the minimum requirements for a state operator
certification program.
Copies of this document are available by calling the
Safe Drinking Water Hotline (800) 426-4791 or from the
USEPA Web Site at: http://www.epa.gov/ogwdw
?
nited States Environmental Protection Agency
Issues Guidance for Implementing the One-Hour
Ozone and Pre-Existing PM10 National Ambient
Air Quality Standards
8
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On February 18, 1998, the United States Environ-
mental Protection Agency (USEPA) issued guidance for
continuing the implementation of certain Clean Air Act
provisions. These provisions are requirements for one-
hour ozone and pre-existing PM10 (particles with an
aerodynamic diameter less than or equal to a nominal ten
micrometers) National Ambient Air Quality Standards
(NAAQS) following USEPA’s promulgation of the new
eight-hour ozone (62 Fed. Reg. 38856 (July 18, 1997))
and PM NAAQS (62 Fed. Reg. 38652 (July 18, 1997)).
63 Fed. Reg. 8196 (February 18, 1998). USEPA issued
the guidance to ensure that momentum is maintained by
the states in their current programs while they develop
their plans for implementing the new NAAQS. The
guidance applies to all areas now subject to the one-hour
ozone standard and the pre-existing PM10 standard
regardless of attainment status.
On July 16, 1997, President Clinton issued a directive
to USEPA Administrator Browner on implementation of
the new standards for ozone and PM. In that directive, the
President laid out a plan on how these new standards, as
well as the current one-hour ozone and the pre-existing
PM standards, are to be implemented. The guidance
reflects the Presidential directive.
The Board anticipates that it will adopt this guidance
as a fast-track rulemaking in accordance with Section 28.5
of the Environmental Protection Act (415 ILCS 5/28.5
(1998)).
Copies of the guidance are available from the World
Wide Web site: http://ttnwww.rtpnc.epa.gov/implement
?
nited States Environmental Protection Agency
Announces and Publishes a Policy for Municipal-
ity and Municipal Solid Wastes; CERCLA
Settlements at National Priority List Co-Disposal Sites
On February 18, 1998, the United States Environ-
mental Protection Agency (USEPA) announced and
published a policy for municipality and municipal solid
wastes involved in the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA)
settlements at National Priority List (NPL) co-disposal
sites. 63 Fed. Reg. 8197 (February 18, 1998). The policy
supplements the “Interim Policy on CERCLA Settlements
Involving Municipalities and Municipal Wastes” (1989
Policy) that was issued by USEPA on September 30,
1989. USEPA will continue its policy of not generally
identifying generators and transporters of municipal solid
waste (MSW) as potentially responsible parties at NPL
sites. In recognition of strong public interest in reducing
contribution litigation, however, USEPA identifies a
settlement methodology for making available settlements
to MSW generators and transporters who seek to resolve
their liability. In addition, the policy identifies a pre-
sumptive settlement range for municipal owners and
operators of co-disposal sites on the NPL who desire
settlement of the CERCLA liability.
For further information contact: Leslie Jones
(202/564-5123) or Doug Dixon (202/564-4232).
?
nited States Environmental Protection Agency
Issues Interim Rule Outlining Procedures for
Reimbursement to Local Governments for
Emergency Responses to Hazardous Substance
Releases
On February 18, 1998, the United States Environ-
mental Protection Agency (USEPA) issued an interim rule
outlining procedures for reimbursement to local govern-
ments for emergency responses to hazardous substance
releases. 63 Fed. Reg. 8284 (February 18, 1998).
Through this regulation, USEPA will streamline proce-
dures used to reimburse local governments for emergency
response costs. Local governments may be reimbursed for
certain costs they incur in taking temporary emergency
measures related to the release of hazardous substances,
pollutants, and contaminants. Through this regulation,
USEPA intends to ease program and reporting require-
ments to make reimbursement more accessible, simplify
the application process, and streamline USEPA’s
evaluation to speed up reviewing applications and paying
eligible applicants. Reimbursement through this program
will help lighten financial burdens placed on local
governments that respond to hazardous releases or threats.
Reimbursement will also help strengthen effective
emergency response at the local level. The effective date
for this interim final rule was February 18, 1998.
?
nited States Environmental Protection Agency
Issues Final Rule Extending the Deficiency Policy
Through Model Year 1999 for the Control of Air
Pollution from Motor Vehicles and New Motor
Vehicle Engines; Modification of Federal On-Board
Diagnostic Regulations for Light-Duty Vehicles and
Light-Duty Trucks
On February 17, 1998, the United States Environ-
mental Protection Agency (USEPA) finalized a provision
to extend the current flexibility provisions (
i.e.,
the
“deficiency provisions”) contained in 40 CFR 86.094-
17(I) through the 1999 model year, scheduled to be
eliminated after the 1998 model year. USEPA indicated
that it is taking this action at this time because it is
beginning to certify vehicles for the 1999 model year.
USEPA noted that it has become concerned that manu-
facturers would not be able to use USEPA’s deficiency
regulations, which could lead to delays in certification.
Therefore, USEPA has proposed to extend the deficiency
policy on an expedited basis, in order to allow manufac-
turers to request deficiencies in the 1999 model year.
8
8
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This will allow the USEPA Administrator to accept an on-
board diagnostic system as compliant in the 1999 model
year even though specific requirements are not fully met.
USEPA believes this provision neither constitutes a
waiver from federal on-board diagnostic requirements nor
does it allow compliance without meeting the minimum
requirements of the Clean Air Act (
i.e.,
oxygen sensor
monitor, catalyst monitor, and standardization features).
This rule became effective on February 17, 1998, the
date of publication in the
Federal Register
.
?
nited States Environmental Protection Agency
Proposes Approval of Two Illinois Site-Specific
State Implementation Plans for Solar Corporation,
Libertyville, Lake County
On February 23, 1998, the United States Environ-
mental Protection Agency (USEPA) proposed to approve
two Illinois site-specific state implementation plan (SIP)
revision requests. These requests were dated January 23,
1996, and January 9, 1997, and submitted to USEPA to
revise or delay certain reasonable available control
technology (RACT) requirements to control volatile
organic material (VOM) emissions at Solar Corporation’s
(Solar) manufacturing facility located in Libertyville,
Lake County, Illinois. The January 23, 1996, request
seeks to revise the State of Illinois’ VOM RACT require-
ments applicable to certain Solar adhesive operations.
The January 9, 1997, request seeks to grant a temporary
variance from VOM RACT requirements applicable to
Solar’s automotive plastics parts coating operations.
Solar’s two site-specific SIP revisions were filed with the
Board on February 28, 1995, and were docketed as AS
94-2. On July 20, 1995, the Board granted Solar’s
adjusted standard.
USEPA proposed this action as a direct final rule
because it views this as a noncontroversial action and
anticipates no adverse written comments. If USEPA
receives adverse written comments on or before March
25, 1998, then it will withdraw the direct final rule and all
written comments will be addressed in a subsequent final
rule. If no adverse written comments are filed, this final
rule is effective April 24, 1998.
All written comments should be directed to: J. Elmer
Bortzer, Chief, Regulation Development Section, Air
Programs Branch (AR-18J), USEPA, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
?
nited States Environmental Protection Agency
Proposes Consumer Confidence Rules for National
Primary Drinking Water Regulations
On February 13, 1998, the United States Environ-
mental Protection Agency (USEPA) proposed a consumer
confidence rule requiring community water systems to
prepare and provide to their customers annual reports on
the quality of the water delivered by the systems. 63 Fed.
Reg. 7605 (February 13, 1998). This action is mandated
by the 1996 amendments to the Safe Drinking Water Act
(SDWA). 42 U.S.C. 1401
et seq.
USEPA anticipates that
these reports will provide valuable information to
consumers of tap water from community water systems
and allow them to make personal health-based decisions
regarding their drinking water consumption.
Written comments on this proposed rule must be re-
ceived on or before March 30, 1998. Comments should
be addressed to: Consumer Confidence Report Comment
Clerk, USEPA, Water Docket #W-97-18, 401 M Street,
S.W., Mail Code 4101,Washington, D.C. 20460.
Any rule adopted by USEPA would be adopted by
the Board as an identical-in-substance rule pursuant to
Section 17.5 of the Environmental Protection Act (415
ILCS 5/17.5 (1998)).
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Underground Storage Tanks - deductible amount
The Illinois Appellate Court, 5
th
District, affirmed the Illinois Pollution Control Board’s Order in R.P.
Lumber v. Office of the State Fire Marshal (July 7, 1995), PCB 94-184, ruling that a property owner’s
request for remediation reimbursement was subject to a $100,000 deductible, instead of a $15,000 de-
ductible, because no registered underground storage tanks were located on the owner’s property when
the owner reported the release and applied for reimbursement, even though the owner subsequently
bought an adjacent parcel of land containing an underground storage tank registered prior to July 28,
1998.
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%2$5'?$&7,216???????
RULEMAKINGS
R97-16
In the Matter of: Proportionate Share Liability (35 Ill. Adm. Code 741) - The
Board accepted for hearing the Illinois Environmental Protection Agency’s
proposal to amend the Board’s procedural rules.
6-0
R98-9
In the Matter of: Municipal Solid Waste Landfill Rules: Amendments to 35 Ill.
Adm. Code 811, 813, and 848 - Proposed Rule, First Notice, Opinion and Order.
The Board adopted a first notice opinion and order in response to the joint
proponents’ proposal to amend the Board’s municipal solid waste landfill rules.
6-0
R98-12
In the Matter of: Amendment of 35 Ill. Adm. Code 703, 720, 721, 724, 728, and
733 (Standards for Universal Waste Management) - Proposed Rule, Second
Notice, Opinion and Order.
??? ????? ??????? ? ?????? ?????? ??????? ???
????? ?? ???? ???????? ?????????? ?? ????? ??? ?????
?
? ??????????? ??????????
????????? ??? ????????? ????? ?????????? ??? ???? ???? ???? ???? ?????????
??? ????????? ????? ????????????
6-0
R98-15
In the Matter of: Clean-up Amendments to 35 Ill. Adm. Code 215 (Emission
Standards and Limitations for Stationary Sources Located Outside the Chicago
and Metro East Ozone Non-attainment Areas) - Proposed Rule, First Notice,
Opinion and Order.
??? ????? ??????? ? ????? ?????? ??????? ??? ????? ?? ????
???????? ?????????? ?? ????? ???????? ? ???????? ???????????? ? ????????
???????????? ??? ? ???? ????????? ?? ?? ???? ???? ???? ??? ?? ???????
??????????? ??????? ????? ???????? ??? ????? ????? ??????????? ??????? ????
???????? ??????? ???????? ????????? ???? ?????????? ???????? ????????
6-0
ADJUSTED STANDARDS
AS 97-6
In the Matter of: Petition of Granite City Steel for an Adjusted Standard from 35
Ill. Adm. Code 302.212 and 302.213, Water Quality Standards Relating to
Ammonia - The Board granted petitioner’s request for stay of proceedings to file
an amended petition for adjusted standard. The amended petition is now due to
be filed no later than May 11, 1998.
5-0
ADMINISTRATIVE CITATIONS
AC 98-14
Montgomery County v. Envotech-Illinois, Inc. - The Board entered an order
finding that this Montgomery County respondent violated Section 21(o)(5) of the
Environmental Protection Act and ordered it to pay a civil penalty of $500.
6-0
/CTEJ???????????????????????????????????????????????'08+410/??'06#.?4')+56'4?0Q?????
??
ADJUDICATORY CASES
Decisions
PCB 96-107
People of the State of Illinois v. ESG Watts, Inc. - The Board found respondent
in violation of several sections of the Environmental Protection
??? ??? ?? ???
?????
?
? ??????????? ?? ??? ???????? ??????? ?? ???? ?????? ??????
, ordered
respondent to pay a civil penalty of $100,000, and ordered respondent to pay
attorney fees in the amount of $25,567. The Board revoked respondent’s
operating permit No. 1972-72-DE/OP.
5-0
PCB 96-233
People of the State of Illinois v. ESG Watts, Inc. - The Board found respondent
in violation of several sections of the Environmental Protection
??? ??? ?? ???
?????
?
? ??????????? ?? ??? ???????? ??????? ?? ?????? ??????
and ordered
respondent to pay a civil penalty of $655,200.
6-0
PCB 98-92
People of the State of Illinois v. Target Stores, Inc. - The Board accepted a
stipulation and settlement agreement in this air enforcement action
??????????
???????? ?????????? ??? ?????????? ???????? ????????? ?? ??????? ????? ??????? ??
?????? ??????
, ordered respondent to pay a civil penalty of $14,000, and to
cease and desist from further violations.
6-0
Motions and Other Matters
PCB 94-290
Bank of Illinois in DuPage v. IEPA - The Board granted petitioner’s motion for
withdrawal of this underground storage tank appeal involving a DuPage County
facility.
6-0
PCB 96-97
People of the State of Illinois v. Village of Thompsonville - 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
Franklin County facility, the Board ordered publication of the required newspaper
notice.
5-0
PCB 97-81
Millennium Petrochemicals, Inc. (f/k/a Quantum Chemical Corporation) v. IEPA
- The Board denied the joint motion for remand.
6-0
PCB 97-96
Shell Oil Company v. IEPA - The Board granted petitioner’s motion for with-
drawal of this underground storage tank appeal involving a DuPage County
facility.
6-0
PCB 97-136
Edmund and Mary Radkiewicz v. Chevron Products Company - The Board
granted complainants’ motion for withdrawal of this citizen’s underground
storage tank action involving a Cook County facility.
6-0
'08+410/'06#.?4')+56'4?0Q?????
??????/CTEJ?????
??
Motions and Other Matters (Cont’d)
PCB 98-42
People of the State of Illinois v. Illini Protein - The Board granted complainant’s
motion to reconsider it’s January 8, 1998, Board order.
6-0
PCB 98-74
Jiffy Lube International, 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.
6-0
.
PCB 98-76
King Bruwaert House 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.
6-0
PCB 98-77
Grant Dean Buick 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 Kane County facility.
6-0
PCB 98-91
Village of Millstadt 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.
6-0
PCB 98-94
People of the State of Illinois v. Material Service Corporation - 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
Vermilion County facility, the Board ordered publication of the required
newspaper notice.
6-0
PCB 98-97
Material Service Corporation v. J.W. Peters & Sons, Inc. - The Board accepted
for hearing this citizen’s underground storage tank enforcement action against a
McHenry County facility.
6-0
PCB 98-100
People of the State of Illinois v. Color Communications, Inc. - Upon receipt of a
proposed stipulation and settlement agreement and an agreed motion to request
relief from the hearing requirement in this Emergency Planning Community Right
to Know Act enforcement action against a Cook County facility, the Board
ordered publication of the required newspaper notice.
6-0
PCB 98-101
Franklin Community Unit School District #1 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 Morgan County facility.
6-0
PCB 98-102
Panhandle Eastern Pipe Line Company v. IEPA - The Board accepted for hearing
this appeal of an air permit decision on behalf of a Sangamon County facility.
6-0
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??
%2$5'?$&7,216????????
RULEMAKINGS
R98-2
In the Matter of: SDWA Update, USEPA Regulations (January 1, 1997, through
June 30, 1997) - Adopted Rule, Final Order, Opinion and Order. The Board
adopted identical-in-substance amendments to the public water supply regula-
tions found at 35 Ill. Adm. Code 611.
6-0
R98-18
In the Matter of: SDWA Update, USEPA Regulations (July 1, 1997, through
December 31, 1997) - Proposed Rule, Dismissal Order. The Board dismissed
this reserved identical-in-substance docket because the United States Environ-
mental Protection Agency did not amend its public water supply regulations
during the update period of July 1, 1997, through December 31, 1997.
6-0
R98-19
In the Matter of: UIC Update, USEPA Regulations (July 1, 1997, through
December 31, 1997) - Proposed Rule, Dismissal Order. The Board dismissed
this reserved identical-in-substance docket because the United States Environ-
mental Protection Agency did not amend its underground injection control
regulations during the update period of July 1, 1997, through December 31,
1997.
6-0
R98-20
In the Matter of: RCRA Subtitle D Update, USEPA Regulations (July 1, 1997,
through December 31, 1997) - Proposed Rule, Dismissal Order. The Board
dismissed this reserved identical-in-substance docket because the United States
Environmental Protection Agency did not amend its municipal solid waste
landfill regulations during the update period of July 1, 1997, through December
31, 1997
6-0
R98-22
In the Matter of: UST Update, USEPA Regulations (July 1, 1997, through
December 31, 1997) - Proposed Rule, Dismissal Order. The Board dismissed
this reserved identical-in-substance docket because the United States Environ-
mental Protection Agency did not amend its underground storage tank regula-
tions during the update period of July 1, 1997, through December 31, 1997
6-0
ADJUSTED STANDARDS
AS 97-10
In the Matter of: Petition of Waste Professionals, Inc. d/b/a Pekin Landfill, for
an Adjusted Standard from 35 Ill. Adm. Code Part 814 - The Board granted this
Tazewell County facility an adjusted standard, subject to conditions, from the
landfill closure date requirements found at 35 Ill. Adm. Code 814.Subpart D.
6-0
'08+410/'06#.?4')+56'4?0Q?????
??????/CTEJ?????
??
ADJUDICATORY CASES
Decisions
PCB 95-90
Minnesota Mining and Manufacturing Company (Bedford Park Plant) v. IEPA -
The Board granted this Cook County facility a variance, subject to conditions,
from the volatile organic material emission control requirements found at 35 Ill.
Adm. Code 218.Subpart QQ.
6-0
PCB 96-237
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?? ????????? ?? ??????? ???????? ?? ??? ????????????? ?????????? ??? ??? ?? ???
?????
?
? ??????????? ?? ??? ???????? ??????? ?? ???????? ?????? ??? ???????
?????????? ?? ??? ? ????? ??????? ?? ???????? ??? ???????? ???? ?? ???????
6-0
PCB 98-100
People of the State of Illinois v. Color Communications, Inc. - The Board
accepted a stipulation and settlement agreement in this Emergency Planning
Community Right to Know Act enforcement action involving a Cook County
facility, ordered respondent to pay a civil penalty of $34,800, and to cease and
desist from further violations.
6-0
Provisional Variances
PCB 98-106
Cornerstone Real Estate Advisers, Inc. v. IEPA - Provisional Variance - 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 DuPage County facility.
6-0
Motions and Other Matters
PCB 95-64
People of the State of Illinois v. Donald Pointer, Mitchell Holder, and White-
way Sanitation, Inc. - Interim Order. The Board denied respondents’ motion to
transfer first amended complaint to the circuit court of Jersey County and
granted complainant’s motion for partial summary judgment. The Board found
respondents liable for several violations
of the Environ-
mental Protection
??? ??? ?? ??? ?????
?
? ???????????
alleged in all
but counts III and a portion of count VII of the
complaint
?? ??? ???????? ??????? ?? ?????? ??????? ??? ??????? ???? ??????
?? ??????? ?? ???????
to address count III liability issues
as well as penalty and attorney fees issues.
5-0
PCB 96-75
People of the State of Illinois v. Harvey Cash d/b/a Cash Oil Company - The
Board granted complainant’s request for extension of time for payment of
penalty.
6-0
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??
Motions and Other Matters (Cont’d)
PCB 96-76
People of the State of Illinois v. Chemetco, Inc. - Interim Opinion and Order.
The Board granted complainant’s motion for partial summary judgment. The
Board found
respondent liable for several violations
of the
Environmental Protection
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?
? ??????????? ?? ??? ????????
??????? ?? ??????? ??????? ??? ??????? ???? ?????? ?? ??????? ?? ???????
to
address
penalty issues and on the complainant’s claim that Chemetco, Inc.
has violated 35 Ill. Adm. Code 725.242(a) (1997) and 415 ILCS 5/21(f)(2)
(1996) by failing to provide detailed written closure cost estimates
.
6-0
PCB 96-215
Illinois State Toll Highway Authority v. IEPA - The Board granted petitioner’s
motion for withdrawal of this underground storage tank appeal involving a
DuPage County facility.
6-0
PCB 96-233
People of the State of Illinois v. ESG Watts, Inc. - The Board entered an order
to correct a typographical error in its February 5, 1998 order. The order
amended paragraphs 2 and 3 of the Board’s order. The total penalties assessed
against respondent ESG Watts, Inc., add up to $655,200, not $680,200 as was
stated in the February 5, 1998, order.
6-0
PCB 97-153
D&L Landfill, Inc. v. IEPA - The Board granted petitioner’s motion for
withdrawal of this land permit appeal involving a Bond County facility.
6-0
PCB 97-169
Maywood Phillips 66 v. IEPA - The Board granted petitioner’s motion for
withdrawal of this underground storage tank appeal involving a DuPage County
facility.
6-0
PCB 98-22
Village of Matteson v. IEPA - The Board granted petitioner’s request for
extension of time.
6-0
PCB 98-40
James Fisher and Holly Fisher v. IEPA - The Board granted petitioners’ motion
for withdrawal of this underground storage tank appeal involving a Macoupin
County facility.
6-0
PCB 98-41
James Fisher and Holly Fisher v. IEPA - The Board granted petitioner’s motion
for withdrawal of this underground storage tank appeal involving a Macoupin
County facility.
6-0l
PCB 98-48
Franklin Community Unit School District #1 v. IEPA - The Board granted
petitioner’s motion for withdrawal of this underground storage tank appeal
involving a Morgan County facility.
6-0
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Motions and Other Matters (Cont’d)
PCB 98-49
Owens Oil Company v. IEPA - The Board granted petitioner’s motion for
withdrawal of this underground storage tank appeal involving a Greene County
facility.
6-0
PCB 98-50
Steve’s Mobil Service v. IEPA - The Board granted petitioner’s motion for
withdrawal of this underground storage tank appeal involving a Morgan County
facility.
6-0
PCB 98-73
Village of Glendale Heights v. IEPA - The Board accepted for hearing this
appeal of an underground storage tank decision involving a DuPage County
facility.
6-0
PCB 98-88
Illinois State Toll Highway Authority v. IEPA - The Board accepted for hearing
this appeal of an underground storage tank decision involving a Lake County
facility.
6-0
PCB 98-96
Franklin Community Unit School District #1 v. IEPA - The Board granted
petitioner’s motion for withdrawal of this underground storage tank appeal
involving a Morgan County facility.
6-0
PCB 98-103
Stepan Company v. IEPA - The Board accepted this request for a 90-day
extension of time to file an appeal of an air permit decision on behalf of a Cook
County facility.
6-0
PCB 98-105
Richardson Electronics, Ltd. v. IEPA - The Board accepted this request for a
90-day extension of time to file an appeal of a Resource Conservation and
Recovery Act permit decision on behalf of a Kane County facility.
6-0
CASES PENDING DECISION
PCB 97-199
Tri Star Marketing, Inc. v. IEPA - The Board entered an interim order requesting
more information regarding the setback distance.
6-0
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1(:?&$6(6???????
98-100
People of the State of Illinois v. Color
Communication, Inc. - In this Emergency Planning
Community Right to Know Act enforcement action
against a Cook County facility, the Board ordered
publication of the required newspaper notice upon receipt
of a proposed stipulation and settlement agreement and an
agreed motion to request relief from the hearing
requirement.
98-101
Franklin Community Unit School District #1 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 Morgan County facility.
98-102
Panhandle Eastern Pipe Line Company v. IEPA -
The Board accepted for hearing this appeal of an air
permit decision on behalf of a Sangamon County facility.
1(:?&$6(6????????
98-103
Stepan Company v. IEPA - The Board accepted
this request for a 90-day extension of time to file an
appeal of a air permit decision on behalf of a Cook
County facility
98-104
Village of Addison v. City of Wood Dale - Held
for duplicitous/frivolous determination, no action taken.
98-105
Richardson Electronics, Ltd. v. IEPA - The Board
accepted this request for a 90-day extension of time to file
an appeal of a Resource Conservation and Recovery Act
permit decision on behalf of a Kane County facility.
98-106
Cornerstone Real Estate Advisers, Inc. v. IEPA -
Provisional Variance - 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 DuPage County facility.
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Date &
Time
Docket
Number
Case Name Location of Hearing
3/24/98
10:00am
R 97-27 In the Matter of: Revision of the Waste Disposal
Rules: Amendment to 35 Ill. Adm. Code
817.101
County Building, Board Chambers, 2
nd
Floor, 200 South 9
th
Street, Springfield, IL
3/25/98
10:30am
R 98-9 In the Matter of: Municipal Solid Waste Landfill
(MSWLF) Rules; Amendments to 35 Ill. Adm.
Code 811, 813, and 848
Third Floor Conference Room, 600 South
Second Street, Springfield, IL
3/30/98
10:00am
R 98-13 In the Matter of: Amendments to General
Permitting Provisions to Require Perpetual
Permits for Certain Sources: Amendments to 35
Ill. Adm. Code 201
Illinois State Library, Illinois Authors
Room, 300 South Second Street, Spring-
field, IL
3/30/98
10:00am
R 98-14 In the Matter of: Petition of PDV Midwest
Refining L.L.C. for Site-Specific Rule Change
from 35 Ill. Adm. Code 304.213
Illinois State Library, Illinois Authors
Room, 300 South Second Street, Spring-
field, IL
3/30/98
10:00am
R 98-15 In the Matter of: Clean-up Amendments to 35
Ill. Adm. Code 215
Illinois State Library, Illinois Authors
Room, 300 South Second Street, Spring-
field, IL
3/30/98
10:00am
R 98-16 In the Matter of: Petition of W.R. Grace &
Company - Connecticut and IEPA for a Site-
Specific Air Regulation: 35 Ill. Adm. Code
218.940(h)
Illinois State Library, Illinois Authors
Room, 300 South Second Street, Spring-
field, IL
3/31/98
1:00pm
AC 98-8 County of Will v. William Hunter
Will County Court House, Courtroom 313,
14 West Jefferson Street, Joliet, IL
4/1/98
9:30am
AC 97-13 County of DuPage v. Saleem M. Choudhry
DuPage County Courthouse, Courtroom
2008, 421 N. Country Farm Road, Wheaton,
IL
4/1/98
10:00am
AS 97-9 In the Matter of: Petition of Recycle Technolo-
gies, Inc. for an Adjusted Standard from 35 Ill.
Adm. Code 720.131(c)
Wood Dale City Hall, City Council
Chambers, 404 North Wood Dale Road,
Wood Dale, IL
4/2/98
10:30am
Illinois Pollution Control Board Meeting James R. Thompson Center, 100 West
Randolph Street, Suite 9-040, Chicago,
IL
4/9/98
9:30am
PCB 98-102 Panhandle Eastern Pipeline Company v. IEPA
Illinois Pollution Control Board, 600 South
Second Street, Suite 402, Springfield, IL
4/10/98
9:30am
PCB 98-102 Panhandle Eastern Pipeline Company v. IEPA
Illinois Pollution Control Board, 600 South
Second Street, Suite 402, Springfield, IL
4/14/98
10:30am
R 98-24 In the Matter of: Enhanced Vehicle Inspection
and Maintenance Regulations (Amendments to
35 Ill. Adm. Code 240)
James R. Thompson Center, 100 West
Randolph Street, Suite 9-031, Chicago, IL
4/16/98
10:30am
Illinois Pollution Control Board Meeting James R. Thompson Center, 100 West
Randolph Street, Suite 9-040, Chicago,
IL
4/21/98
11:00am
PCB 97-174 Bernice Loschen v. Grist Mill Confections, Inc.
Department of Human Services, 407 N.
Franklin Street, Suite A, Conference Room,
Danville, IL
4/28/98
10:30am
R98-24 In the Matter of: Enhanced Vehicle Inspection
and Maintenance Regulations (Amendments to
35 Ill. Adm. Code 240)
James R. Thompson Center, 100 West
Randolph Street, Suite 9-031, Chicago, IL
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,//,12,6?32//87,21?&21752/?%2$5'?0((7,1*?'$7(6
The following are regularly scheduled meetings of the Illinois Pollution Control Board.
REGULAR BOARD MEETING SCHEDULE FOR CALENDAR YEAR 1998*
January 8
January 22
April 2
April 16
July 9
July 23
October 1
October 15
February 5
February 19
May 7
May 21
August 6 †
August 20
November 5
November 19
March 5
March 19
June 4
June 18
September 3
September 17
December 3
December 17
* All Chicago Board Meetings will be held at 10:30 a.m. in Conference Room 9-040.
†
The August 6, 1998 Board Meeting will be held in Springfield.
The Illinois Pollution Control Board (IPCB) is an independent seven member board which adopts the environmental
control standards for the State of Illinois and rules on enforcement actions and other environmental disputes. The
Board Members are:
Claire A. Manning, Chairman
Springfield
Ronald C. Flemal
DeKalb
G. Tanner Girard
Grafton
Kathleen M. Hennessey
Chicago
Marili McFawn
Inverness
J. Theodore Meyer
Chicago
Joseph Yi
Park Ridge
The
Environmental Register
is a newsletter published by the IPCB monthly, and contains updates on rulemakings,
descriptions of final decisions, the Board’s hearing calendar, and other environmental law information of interest to the
People of the State of Illinois.
Illinois Pollution Control Board Illinois Pollution Control Board
James R. Thompson Center 600 South Second Street
100 W. Randolph, Suite 11-500 Suite 402
Chicago, Illinois 60601 Springfield, Illinois 62704
(312)814-3620 (217)524-8500
Web Site: http://www.ipcb.state.il.us/
