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United States Environmental
Protection Agency Adopts Minor
Amendments to the Motor
Vehicle Inspection Maintenance
Program Evaluation Require-
ments
On January 9, 1998, the United
States Environmental Protection
Agency (USEPA) adopted minor
amendments to the Motor Vehicle
Inspection/Maintenance (I/M)
requirements. These amendments
replace the I/M requirement that the
tailpipe portion of the mandatory
program evaluation be performed
using only an IM240 or equivalent
mass-emission transient test with a
requirement that states use a sound
evaluation methodology capable of
providing accurate information
about the overall effectiveness of an
I/M program. 63 Fed. Reg. 1362
(January 9, 1998). The goal of this
action is to allow states additional
flexibility to use not only IM240
but other approved alternative
methodologies for their program
evaluation. USEPA’s action also
clarifies that such program
evaluation testing shall begin no
later than November 30, 1998, and
is not required to be coincident with
program start up (though the first
report is still due two years after
program start up). This action
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Board Adopts Second Notice Proposal in Fast Track Air Rulemaking
Regarding Major Stationary Sources Construction and Modification (New
Source Review Rules): Amendments to 35 Ill. Adm. Code 203, R98-10
On January 8, 1998, the Board adopted for second notice review by the
Joint Committee on Administrative Rules (JCAR) amendments to 35 Ill. Adm.
Code 203, the New Source Review (NSR) rules, docketed by the Board as R98-
10. On September 2, 1997, the Illinois Environmental Protection Agency
(IEPA) filed a proposal for rulemaking to amend the NSR rules. This rulemaking
proposes to revise particular sections in 35 Ill. Adm. Code 203 so that the
language more closely reflects the terminology used in Sections 182(c)(7) and
(8) of the Clean Air Act. 42 U.S.C.
?
7511(c)(7), (8) (1996). The proposal
affects existing sources in ozone nonattainment areas that are subject to the
“special rules” for modifications found at Sections 182(c)(7) and (8) of the
Clean Air Act,
i.e.
, existing sources making “major” modifications at sources in
serious and severe ozone nonattainment areas. (This would, as a practical
matter, currently affect only the Chicago ozone nonattainment area. See 35 Ill.
Adm. Code 218.103.) On September 4, 1997, the Board adopted these proposed
amendments for first notice publication in the
Illinois Register
(21 Ill. Reg.
12823 (September 19, 1997)).
The Board had adopted the “special rules” as portions of Sections 203.206,
203.207, and 203.301 in its rulemaking entitled In the Matter of: Amendments
to New Source Review Rules, 35 Ill. Adm. Code 203 (April 22, 1993), R92-21.
These rules were based on the IEPA’s understanding of the United States
Environmental Protection Agency’s (USEPA) preliminary guidance on Sections
182(c)(7) and (8) of the Clean Air Act. The current proposal amends the
Board’s rules to be consistent with USEPA’s more recent interpretation of the
“special rules” in its 1996 NSR rule proposal. 61 Fed. Reg. 38249 (July 23,
1996). The proposed rules change the method of handling
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internal emission offsets, which may allow a source to
“net-out” of NSR rule requirements or at least avoid
imposition of some Best Available Control Technology
and Lowest Achievable Emission Rate requirements. The
IEPA asserts that these proposed rules will also impact
some calculations under the proposed Emissions Reduc-
tion Market System (ERMS). See In the Matter of:
Emissions Reduction Market System: 35 Ill. Adm. Code
205 (July 10, 1997), R97-13. The ERMS program is an
element of Illinois’ “Rate of Progress” plan required by
Section 182(c)(2)(B) of the Clean Air Act.
This proposal was filed pursuant to the fast-track
rulemaking procedures of Section 28.5 of the Environ-
mental Protection Act (Act). 415 ILCS 5/28.5 (1996).
Pursuant to that section, the Board is required to proceed
within set timeframes toward the adoption of the regula-
tion. The Board has no discretion to adjust these time-
frames under any circumstances. Pursuant to Section 28.5
of the Act (415 ILCS 5/28.5 (1996)), the Board held a
hearing on Friday, October 17, 1997, at 10:00 a.m. in
Room 9-040, James R. Thompson Center, 100 W.
Randolph St., Chicago. No requests were made for the
second and third hearings. Consequently, those hearings
were canceled by hearing officer order dated October 29,
1997.
All comments 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 Site-Specific Petition of Mobil Oil
Corporation for Relief from 35 Ill. Adm. Code
304.122, Ammonia Nitrogen Effluent Standards,
R97-28
On January 22, 1998, the Board approved final adop-
tion of a site-specific petition of Mobil Oil Corporation
(Mobil) for relief from 35 Ill. Adm. Code 304.122,
relating to the Board’s ammonia nitrogen effluent
standards. On December 4, 1997, the Board adopted this
matter for second notice review by the Joint Committee on
Administrative Rules (JCAR). On January 14, 1998,
JCAR issued a certificate of no objection.
The Board approved Mobil’s request that ammonia
nitrogen effluents limits applicable to the Joliet Refinery
be permanently set at 9.0 mg/L measured as a monthly
average and 23.0 mg/L measured as a daily maximum.
The Board also granted Mobil’s request that Section
304.214 be reactivated, with new effluent limits replacing
the old, and with the old expiration date deleted. One
public hearing was held in this matter on July 2, 1997,
prior to first notice publication in the
Illinois Register
.
Finally, the Board ordered that this site-specific rule
terminate (sunset) on December 31, 2007.
Please direct any questions regarding this matter to
Amy Muran Felton at 312/814-7011; e-mail address:
amuranfe@pcb084r1.state.il.us
?
oard Adopts Final Order in In the Matter of:
Wood Furniture Coating: Amendments to 35 Ill.
Adm. Code 211, 218, and 219, R97-31
On January 22, 1998, the Board adopted amendments
to 35 Ill. Adm. Code 211, 218, and 219, some of the
volatile organic material rules for wood furniture coating
operations. On December 18, 1997, the Board adopted
this rulemaking for second notice review by the Joint
Committee on Administrative Rules (JCAR). On January
14, 1998, JCAR issued a certificate of no objection.
The Board amended its regulations in response to the
issuance by the United States Environmental Protection
Agency of a Control Technique Guideline governing
wood furniture coating operations. The principal
amendments consist of changes in the values and units of
measurements for volatile organic material content of top
coats and sealers and the establishment of new work
practice standards. Most of the Board’s existing regula-
tions governing wood furniture coating operations are not
affected by the adoption of this proposal. The effective
date of the amendments is March 15, 1998. Hearings
were held in Edwardsville on August 5, 1997, and in
Chicago on August 13, 1997.
Please direct any questions regarding this matter to
Amy Muran Felton at 312/814-7011; e-mail address:
amuranfe@pcb084r1.state.il.us
?
oard Adopts First Notice Proposal to Amend 35
Ill. Adm. Code 240, Enhanced Vehicle Inspection
and Maintenance Regulations, R98-24
On January 22, 1998, the Board adopted a first notice
proposal to amend the existing air rules 35 Ill. Adm. Code
240, Enhanced Vehicle Inspection and Maintenance
Regulations. The January 21, 1998, proposal was filed by
the Illinois Environmental Protection Agency (IEPA). A
45-day public comment period will commence upon
publication of the first notice proposal in the
Illinois
Register.
Sections 182(b) and 182(c) of the federal Clean Air
Act (CAA) (42 U.S.C. Sections 7582(b), 7582(c) (1990))
require states to adopt “inspection and maintenance” (I/M)
programs in areas that do not meet National Ambient Air
Quality Standards (NAAQS) for ozone and/or carbon
monoxide. In Illinois, two areas do not meet the NAAQS
for ozone: the “Metro-East area,” which is in moderate
nonattainment with the ozone NAAQS; and the “Chicago
ozone non-attainment area,” which is in severe nonattain-
ment with the ozone NAAQS.
Illinois has a Vehicle Emission Inspection Law
(Inspection Law) currently codified at 625 ILCS 5/13B-1-
13B-75 (1996). The Inspection Law applies only in the
%
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Chicago and Metro-East ozone nonattainment areas.
Among other things, it requires the IEPA to propose to the
Board, and the Board to adopt, emissions standards for
vehicles in those areas.
Specifically, the proposed amendments: (1) modify
the evaporative system test to allow for three types of
inspection of the fuel cap portion of a vehicle’s evapora-
tive system, rather than the current test; (2) add “fast-
pass” standards to allow vehicles undergoing I/M 240
exhaust emissions tests to be tested more quickly, saving
time and money; and (3) add standards for the required
on-board diagnostic test and on-road sensing test. In
addition, the proposed rules eliminate the requirement that
certain vehicles receive a “purge” test, in accordance with
recent amendments to the Inspection Law. The Agency
asserts that the proposal constitutes an integral part of
Illinois’ enhanced I/M State Implementation Plan (SIP)
package and must be adopted before an enhanced I/M SIP
can be finally approved, and any threat of federal
sanctions under the CAA can be eliminated.
This rulemaking was filed pursuant to the fast-track
rulemaking procedures under Section 28.5 of the Envi-
ronmental Protection Act (415 ILCS 5/28.5 (1996)). The
Board is required to proceed within set timeframes toward
the adoption of the regulations. The Board has no
discretion to adjust these timeframes under any circum-
stances. The first hearing in this matter will be held on
March 17, 1998, at 10:30 a.m. in Room 9-040 of the
James R. Thompson Center, 100 West Randolph,
Chicago, Illinois. The second and third hearings are
scheduled for April 14, 1998, and April 28, 1998, and will
be held at 10:30 a.m. in Room 9-030 of the James R.
Thompson Center, 100 West Randolph, Chicago, Illinois.
Please direct any questions regarding this matter to
Amy Muran Felton at 312/814-7011; e-mail address:
amuranfe@pcb084r1.state.il.us
?
oard Requests Filing of Rulemaking Proposal in
In the Matter of Amendments to 35 Ill. Adm.
Code 506, Livestock Waste Regulations, R98-26
On January 22, 1998, the Board opened a docket to
request that the Department of Agriculture submit a
rulemaking proposal to the Board to amend the Board’s
regulations at 35 Ill. Adm. Code 506 to incorporate and
implement the latest set of amendments to the Livestock
Management Facilities Act (Livestock Act). See P.A. 90-
565, eff. January 2, 1998. This proposal would amend
existing agricultural-related water pollution rules adopted
by the Board in In the Matter of: Livestock Waste
Regulations 35 Ill. Adm. Code 506 (May 15, 1997), R97-
15(A). The proposal may be submitted to the Clerk’s
Office, Illinois Pollution Control Board, 100 West
Randolph, Suite 11-500, Chicago, Illinois 60601.
Please direct any questions regarding this rulemaking
to Cynthia Ervin at 217/524-8509, e-mail address:
cervin@pcb084r1.state.il.us
?
oard Accepts for Hearing Review of Remediation
Costs for Environmental Remediation Tax Credit,
Amendments to 35 Ill. Adm. Code 740, R98-27
On January 22, 1998, the Board accepted for hearing
a proposal to amend 35 Ill. Adm. Code 740, Review of
Remediation Costs for Environmental Remediation Tax
Credit. On January 21, 1998, the Illinois Environmental
Protection Agency (IEPA) submitted a proposal to amend
the Site Remediation Program (35 Ill. Adm. Code 740).
The proposal sets forth procedures for the IEPA’s review
of costs potentially qualifying for an environmental
remediation tax credit and provides for related appeals to
the Board. The proposal was timely filed by the IEPA as
required by Section 58.14 of the Environmental Protection
Act (415 ILCS 5/28.14, added by P.A. 90-123, eff. July
21, 1997). The Board must adopt its second notice order
on or before July 21, 1998. The first hearing in this matter
is scheduled for February 24, 1998, at 10:00 a.m. in Room
9-040 of the James R. Thompson Center, 100 West
Randolph, Chicago, Illinois. The second hearing is
scheduled for February 27, 1998, 10:00 a.m. in Room
403/404 of the Illinois State Library, 300 South Second
Street, Springfield, Illinois.
Please direct any questions regarding this rulemaking
to Richard McGill at 312/814-6983, e-mail address:
rmcgill@pcb084r1.state.il.us
?
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also clarifies that “initial test” means that the test is
conducted before repairs for each test cycle, and does not,
therefore, preclude states from using alternative sampling
methodologies such as roadside pullover to sample the
fleet. This rule became effective on February 9, 1998.
?
nited States Environmental Protection Agency
Proposes National Volatile Organic Material
Emission Standards for Automobile Refinish
Coatings
On December 30, 1997, the United States Environ-
mental Protection Agency (USEPA) proposed several
changes regarding applicability, test methods, and multi-
colored topcoats to the national volatile material (VOM)
emissions standards for automobile refinish coatings.
Section 183(e) of the Clean Air Act (CAA) (42
U.S.C. § 7401
et seq.
(1990)) requires the Administrator
of the USEPA to study and report to Congress on
emissions of VOM into the ambient air from consumer
and commercial products and their potential to contribute
to ozone nonattainment levels. In addition, Section 183(e)
of the CAA requires the Administrator to list those
categories of consumer and commercial products that
account for at least 80% of the VOM emissions, on a
reactivity-adjusted basis, in ozone nonattainment areas
and establish priorities for their regulation. USEPA
submitted the report to Congress on March 15, 1995, and
on this same date established the priority list for future
regulation of the consumer and commercial products that
account for 80% of VOM emissions, on a reactivity-
adjusted basis, in nonattainment areas (56 Fed. Reg.
15264 (March 23, 1995)). Automobile refinish coatings
are in the first group of products to be regulated. On
April 30, 1996, USEPA proposed VOM emission
standards for automobile refinish coatings.
Comments should be submitted by February 28,
1998, to: USEPA, Air and Radiation Docket and
Information Center (6102), Attention: Docket No. A-95-
18, 401 M Street, SW, Washington, DC 20460.
nited States Environmental Protection Agency
Finalizes Regulations for a Voluntary Clean Car
Program Entitled the National Low Emission
Vehicle Program
On January 7, 1998, the United States Environmental
Protection Agency (USEPA) finalized the necessary
federal regulations for a voluntary clean car program
called the National Low Emission Vehicle (National
LEV) program, which is designed to reduce smog and
other pollution from new motor vehicles. 63 Fed. Reg.
925 (January 7, 1998). The program will come into effect
only if the northeastern states (members of the Ozone
Transport Commission or OTC) and the auto manufactur-
ers enroll in it. The national LEV regulations allow
manufacturers to commit to meet tailpipe standards for car
and light-duty trucks that are more stringent than USEPA
can mandate. Manufacturers have said they would be
willing to commit to the program if the OTC states also
make binding commitments to the program. Once the
program comes into effect, it would be enforceable in the
same manner as any other federal new motor vehicle
program. This regulation became effective January 7,
1998.
?
roposed Consent Decree Lodged With Marathon
Oil Company, located in Robinson, Crawford
County, Illinois
On January 5, 1998, a proposed consent decree in
United States v. Marathon Oil Company, Civil No. 96-
4117-JLF (S.D. Ill.), was filed with the United States
District Court of the Southern District of Illinois. 63 Fed.
Reg. 2694 (January 16, 1998). The proposed consent
decree resolves the United States’ civil claims against
Marathon Oil Company arising from its operations at its
refinery in Robinson, Crawford County, Illinois, under the
Clean Air Act (42 U.S.C. § 7401-7671q) and the Re-
source Conservation and Recovery Act (42 U.S.C. §
6901-6992k). Under the terms of the proposed consent
decree, Marathon Oil Company will pay a civil penalty of
$75,000 and perform a supplemental environmental
project, which will include the implementation of an
early-compliance program with projected Clean Air Act
regulations for which Marathon Oil Company will expend
not less than $382,000 net after-tax.
nited States Environmental Protection Agency
Approves State Implementation Plan Amendment
for Marathon Oil Refinery in Robinson, Crawford
County
On January 26, 1998, the United States Environ-
mental Protection Agency (USEPA) approved an Illinois
State Implementation Plan amendment for Marathon Oil
Refinery (Marathon) in Robinson, Crawford County,
Illinois. 63 Fed. Reg. 3650 (January 26, 1998). On
August 27, 1997, the Illinois Environmental Protection
Agency submitted a variance granted by the Board to
allow Marathon to emit particulate matter in increased
quantities from June 14, 1996, through September 5,
1996, allowing the company to defer repairs of its control
equipment until a scheduled system shutdown. Modeling
indicated that the temporary emissions increase would not
be expected to cause a violation of air quality standards.
USEPA approved this variance because air quality
standards continue to be protected.
This action is effective on March 27, 1998, unless
USEPA receives adverse or written comments on or
8
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before February 25, 1998. 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.
?
otice of Proposed Consent Decree Pursuant to the
Comprehensive Environmental Response,
Compensation, and Liability Act for Ameritech
Elgin Site
On January 9, 1998, a proposed consent decree in
United States v. Ameritech Corporation,
et al
., Civil
Action Number 97 C 2207, was filed with the United
States District Court for the Northern District of Illinois.
63 Fed. Reg. 4474 (January 29, 1998). The proposed
consent decree resolves the United States’ claims against
Ameritech for past costs incurred in connection with the
Elgin Salvage Superfund Site located in Elgin, Kane
County, Illinois, in return for a total payment of $375,000.
Comments regarding this proposed consent decree
can be sent to the Assistant Attorney General for the
Environment and Natural Resources Division, Department
of Justice, Washington, DC 20530, until March 1, 1998.
The comments should refer to DOJ Ref. Number 90-11-2-
1187.
?
nited States Environmental Protection Agency
Issues a Denial of Petition to Delete Phosphoric
Acid from the Reporting Requirements of the
Emergency Planning and Community Right-to-Know
Act of 1986 and of the Pollution Control Act of 1990
On January 23, 1998, the United States Environ-
mental Protection Agency (USEPA) denied a petition to
delete phosphoric acid from the reporting requirements
under Section 313 of the Emergency Planning and
Community Right-to-Know Act (EPCRA) of 1986 and
Section 6607 of the Pollution Control Act of 1990. 63
Fed. Reg. 3566 (January 23, 1998). This action is based
on USEPA’s conclusion that phosphoric acid does not
meet the deletion criteria of EPCRA Section 313(d)(3).
Specifically, USEPA is denying this petition because its
review of the petition and available information resulted
in the conclusion that phosphoric acid meets the listing
criterion in EPCRA Section 313(d)(2)(C). Phosphates
that result from the neutralization of phosphoric acid may
cause algal blooms. Algal blooms result in deoxygenation
of the water and other effects that may ultimately lead to a
number of serious adverse effects on ecosystems,
including fish kills and changes in the composition of
animal and plant life.
?
nited States Environmental Protection Agency
(USEPA) Solicits Proposals Under the Environ-
mental Justice Through Pollution Prevention
Grant Program
On January 23, 1998, the United States Environ-
mental Protection Agency (USEPA) issued a solicitation
for grant proposal under the Environmental Justice
Through Pollution Prevention grant program. 63 Fed.
Reg. 3563 (January 23, 1998). USEPA anticipates that as
much as $4 million will be available in fiscal year 1998.
The purpose of this program is to support pollution
prevention approaches that address environmental justice
concerns in affected communities. The grant funds will
support: (1) local environmental, environmental justice,
and community grassroots organizations, including
religious and civic organizations, as well as tribal
governments that promote environmental justice using
pollution prevention as the preferred approach; (2)
national and regional organizations working in partnership
with local organizations, or tribal governments to promote
environmental justice using pollution prevention ap-
proaches; (3) state and local governments; and (4)
academic institutions.
To obtain copies of the grant program guidance and
application package, please contact Louise Little at
703/841-0483. A complete electronic copy of the grant
program guidance and application package is also
available on the USEPA Home Page at the following
address: http:/www.epa.gov/opptintr/ejp2.
?
1
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RULEMAKINGS
R98-10
In the Matter of: Amendments to Major Stationary Sources Construction and
Modification Rules (New Source Review Rules) 35 Ill. Adm. Code 203 -
Proposed Rule, Second Notice, Opinion and Order
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, Subpart D - The Board
granted the IEPA’s Motion for Additional Time to Respond to Petitioner’s
Amended Petition until January 20, 1998.
5-0
Hennessey
abstained
ADJUDICATORY CASES
Decisions
PCB 96-75
People of the State of Illinois v. Harvey Cash, d/b/a Cash Oil Company - The
Board found that respondent violated the following Sections of the Environ-
mental Protection Act: Sections 9(a) and (c) of (415 ILCS 5/9(a)(c) (1996) by
open burning demolition debris; Section 21(a) (415 ILCS 5/21(a) (1996)) by
open dumping of waste; and Section 9.1(d)(1) (415 ILCS 5/9.1(d)(1) (1996)) by
failing to give the IEPA ten days prior notice of intent to demolish a commercial
building in Flora, Illinois. The Board found that a civil penalty of $1500 was
warranted in this case.
6-0
PCB 96-170
People of the State of Illinois v. Robinette Demolition, Inc. - The Board accepted
a stipulation and settlement agreement in this air enforcement action
??????????
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????????? ????? ????? ????? ????? ??? ??????
, ordered respondent to pay a
civil penalty of $14,000, and ordered respondent to cease and desist from further
violations.
6-0
PCB 97-10
People of the State of Illinois v. Allsteel, Inc. - The Board accepted a stipulation
and settlement agreement in this RCRA enforcement action involving a Kane
County facility, ordered respondent to pay a civil penalty of $27,500, and
ordered respondent to cease and desist from further violations.
5-0
Hennessey
abstained
PCB 98-42
People of the State of Illinois v. Illini Protein - The Board accepted a stipulation
and settlement agreement in this EPCRA enforcement action involving a
Stephenson County facility, ordered respondent to pay a civil penalty of $27,500,
and ordered respondent to cease and desist from further violations.
6-0
PCB 98-43
Sierra Club and Jim Bensman v. City of Wood River and Norton Environmental
-
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6-0
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Motions and Other Matters
PCB 95-44
General Business Forms, Inc. v. IEPA - The Board granted petitioner’s motion
for withdrawal of this request for a permit appeal involving a Cook County
facility.
6-0
PCB 96-148
People of the State of Illinois v. U.S. Dismantlement Corporation, and USDC
Environmental, Inc. -
??? ????? ?????? ?? ??????? ??????? ?? ??????? ???
???????? ??????? ???? ??????????? ??????? ?? ??????????? ?????? ??? ???????
???? ?? ????? ?????????? ???????? ????? ?????? ???????? ??? ?????????? ????? ??
???????? ?? ??? ???? ??? ????? ??????? ????????? ???? ????? ?? ?? ??? ???
??? ???? ??? ????? ??????? ???? ?? ????? ??? ????? ?? ????? ???????? ?????????
???
?
? ????????? ?????? ?? ??? ????? ?? ??? ???? ?????????? ??? ????? ???????
??????????? ?? ??????? ??? ?????? ?? ?? ?????? ??????? ??? ????? ????
???????????? ????????? ??? ??????????? ?? ?????????? ???? ??????? ??? ???????
??????? ?? ??? ?????????????? ?????????? ??? ????? ??????? ???? ?? ???? ????? ?
????? ????? ?? ???? ???????
6-0
PCB 96-252
Martin & Bayley, Inc. v. IEPA - The Board granted petitioner’s motion for
withdrawal of this underground storage tank appeal involving a Marion County
facility.
6-0
PCB 97-102
Borden Chemicals and Plastics Operating Limited Partnership v. IEPA - The
Board granted petitioners’ joint motion to correct November 6, 1997, opinion
and order.
5-0
Hennessey
abstained
PCB 97-199
Tri Star Marketing, Inc. v. IEPA - The Board granted petitioner’s request for an
expedited decision consistent with the Board’s time and resources.
6-0
PCB 97-217
People of the State of Illinois v. Bigelow Group, Inc. - The Board denied
respondent’s motion to dismiss.
5-0
Hennessey
abstained
PCB 97-226
Riverview FS, Inc. v. IEPA - The Board ordered the IEPA to file the entire IEPA
record of the reimbursement request within 14 days of the date of this order.
6-0
PCB 98-59
Morton College Board of Trustees of Illinois Community College District No.
527 v. Town of Cicero - The Board denied respondent’s motion to dismiss.
6-0
PCB 98-63
Exolon-ESK Company v. IEPA - Accept for Hearing Order
6-0
PCB 98-72
St. Clair Properties Development, Inc. v. IEPA - The Board accepted petitioner’s
amended petition and granted petitioner’s motion to appear
pro hac vice
.
5-0
Hennessey
abstained
PCB 98-84
Scott Behrmann and Shelly Behrmann v. Okawville Farmers Elevator-St. Libory
- Accept for Hearing Order
6-0
PCB 98-87
L. Keller Oil Properties, Inc. v. IEPA - Accept for Hearing Order
6-0
PCB 98-88
Illinois State Toll Highway Authority v. IEPA - The Board accepted this request
for a 90-day extension of time to file a underground storage tank appeal on
behalf of a Lake County facility.
6-0
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Motions and Other Matters (cont’d)
PCB 98-91
Village of Millstadt 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 St.
Clair County facility.
6-0
PCB 98-92
People of the State of Illinois v. Target Stores, Inc. - Upon receipt of a proposed
stipulation and settlement agreement and an agreed motion to request relief from
the hearing requirement in this water enforcement action against a DuPage
County facility, the Board ordered publication of the required newspaper notice.
6-0
PCB 98-96
Franklin Community School District #1 v. IEPA - Accept for Hearing Order
6-0
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RULEMAKINGS
R97-28
In the Matter of: Site-Specific Petition of Mobil Oil Corporation for Relief from
35 Ill. Adm. Code 304.122, Ammonia Nitrogen Effluent Standards - Adopted
Rule, Final Order, Opinion and Order. The Board adopted amendments to the
water pollution control regulations.
6-0
Hennessey
abstained
R97-31
In the Matter of: Wood Furniture Coating Amendments to 35 Ill. Adm. Code
Parts 211, 218, and 219.Subpart F - Adopted Rule, Final Order, Opinion and
Order. The Board adopted amendments to the air pollution control regulations.
7-0
R98-24
In the Matter of: Enhanced Vehicle Inspection and Maintenance (I/M) Regula-
tions: Amendments to 35 Ill. Adm. Code 240 - Proposed Rule, First Notice,
Opinion and Order. The Board accepted for hearing and adopted a first notice
opinion and order in response to the Illinois Environmental Protection Agency’s
fast-track proposal to amend the Board’s air pollution control regulations.
7-0
R98-26
In the Matter of: Amendments to 35 Ill. Adm. Code 506, Livestock Waste (P.A.
90-565)- The Board on its own motion opened a docket to request that the
Department of Agriculture submit a rulemaking proposal to the Board to amend
the Board’s regulations at 35 Ill. Adm. Code 506 to incorporate and implement
the recent amendments to the Livestock Management Facilities Act.
7-0
R98-27
In the Matter of: Review of Remediation Costs for Environmental Remediation
Tax Credit (Amendments to 35 Ill. Adm. Code 740) - The Board accepted for
hearing the Illinois Environmental Protection Agency’s proposal to amend the
Site Remediation Program (35 Ill. Adm. Code 740).
7-0
ADMINISTRATIVE CITATIONS
AC 97-71
County of Will v. Michael O’Gradney - The Board granted complainant’s
motion for withdrawal of this administrative citation involving a Will County
facility.
7-0
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ADMINISTRATIVE CITATIONS (CONT’D)
AC 98-13
IEPA v. Mandarin Investment Corporation, Jayne Lien, and Fred Rosenberger -
In this administrative citation action involving a Peoria County facility, the
Board granted complainant’s motion to dismiss respondents, Jayne Lien and
Fred Rosenberger, accepted a stipulation and settlement agreement, ordered the
remaining respondent, Mandarin Investment Corporation (Mandarin), to pay a
civil penalty of $500, and dismissed this action. As part of the settlement
agreement, Mandarin admitted violating Section 21(p)(1) of the Environmental
Protection Act (415 ILCS 5/21(p)(1) (1996)).
7-0
ADJUDICATORY CASES
Provisional Variances
PCB 98-99
Clark Refining & Marketing, Inc. v. IEPA - Upon receipt of an IEPA recom-
mendation, the Board granted a 30-day provisional variance from the 90-day
limitation on the accumulation of hazardous wastes at this Madison County
facility.
7-0
Motions and Other Matters
PCB 96-209
People of the State of Illinois v. Macon County Landfill Corporation - The
Board denied complainant’s motion to reconsider its November 20, 1997, Board
order.
6-0
Manning
abstained
PCB 96-222
Koppers Industries, Inc. v. IEPA - The Board granted petitioner’s motion for
withdrawal of this request for a permit appeal involving a Knox County facility.
6-0
Hennessey
abstained
PCB 98-54
Edward Malina v. Jean Day - The Board denied respondent’s motion to dismiss
and accepted for hearing this citizen’s underground storage tank enforcement
action against a DuPage County facility.
6-1
Flemal
dissented,
McFawn
concurred
PCB 98-59
Morton College Board of Trustees of Illinois Community College District No.
527 v. Town of Cicero - The Board accepted respondent’s motion to “Take
Judicial Notice of the College’s United States District Court Complaint for
Enforcement and Cost Recovery Under the Illinois Environmental Protection
Act.”
7-0
PCB 98-98
Environmentally Concerned Citizens Organization (E.C.C.O.) and Beth Finney
v. Landfill L.L.C. d/b/a and/or a/k/a West End Disposal Facility and the Saline
County Board of Commissioners - The Board accepted for hearing this appeal of
a pollution control facility (landfill) siting decision involving a Saline County
facility.
7-0
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98-60
CDT Landfill Corporation v. City of Joliet - The
Board accepted for hearing this landfill siting appeal on
behalf of a Will County facility.
98-86
People of the State of Illinois v. Harris Bank
Barrington, as trustee for Trust No. 11-5062, Kurt
Kresmery, individually as beneficiary of Trust No. 11-
5062, and Kenneth Kresmery - The Board received for
hearing this air enforcement action against a Kane County
facility.
98-87
L. Keller Oil Properties, Inc. v. IEPA - The Board
accepted for hearing this appeal of an underground
storage tank decision on behalf of a Marion County
facility.
98-88
Illinois State Toll Highway Authority v. IEPA - The
Board accepted this request for a 90-day extension of time
to file a underground storage tank appeal on behalf of a
Lake County facility.
98-89
People of the State of Illinois v. Fischer Crane
Company - The Board received for hearing this air and
land enforcement action against a Will County facility.
98-90
People of the State of Illinois v. Marathon Oil
Company - The Board received for hearing this water
enforcement action against a Crawford County facility.
98-91
Village of Millstadt v. IEPA - The Board accepted
this request for a 90-day extension of time to file a permit
appeal on behalf of a St. Clair County facility.
98-92
People of the State of Illinois v. Target Stores, Inc.
- Upon receipt of a proposed stipulation and settlement
agreement and an agreed motion to request relief from the
hearing requirement in this air enforcement action against
a DuPage County facility, the Board ordered publication
of the required newspaper notice.
98-93
People of the State of Illinois v. Salt Creek
Drainage Basin Sanitary District - The Board received for
hearing this water enforcement action against a DuPage
County facility.
98-94
People of the State of Illinois v. Material Service
Corporation - The Board received for hearing this air
enforcement action against a Vermilion County facility.
98-95
People of the State of Illinois v. Meyer Steel Drum,
Inc. - The Board received for hearing this air enforcement
action against a Cook County facility.
98-96
Franklin Community School District #1 v. IEPA -
The Board accepted for hearing this appeal of an under-
ground storage tank decision on behalf of a Morgan
County facility.
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98-97
Material Service Corporation v. J.W.Peters & Sons,
Inc. - The Board held this citizen’s underground storage
tank enforcement action against a McHenry County
facility for a duplicitous and frivolous determination.
98-98
Environmentally Concerned Citizens Organization
(E.C.C.O.) and Beth Finney v. Landfill L.L.C. d/b/a
and/or a/k/a West End Disposal Facility and the Saline
County Board of Commissioners - The Board accepted for
hearing this appeal of a pollution control facility (landfill)
siting decision involving a Saline County facility.
98-99
Clark Refining & Marketing 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 Madison
County facility.
R98-26
In the Matter of: Amendments to 35 Ill. Adm.
Code 506, (Livestock Waste Regulations)(P.A. 90-565) -
The Board on its own motion opened a docket to request
that the Department of Agriculture submit a rulemaking
proposal to the Board to amend the Board’s regulations at
35 Ill. Adm. Code 506 to incorporate and implement the
recent amendments to the Livestock Management
Facilities Act.
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Date &
Time
Docket
Number
Case Name Location of Hearing
2/27/98
10:00am
R 98-27 In the Matter of: Review of Remediation Costs
for Environmental Remediation Tax Credit
(Amendments to 35 Ill. Adm. Code 740)
Illinois State Library, Room 403/404, 300
South Second Street, Springfield, IL 62704
3/5/98
10:30am
Illinois Pollution Control Board Meeting James R. Thompson Center, 100 West
Randolph Street, Suite 9-040, Chicago,
IL 60601
3/9/98
9:00am
PCB 98-98 Environmentally Concerned Citizens Organiza-
tions v. Landfill L.L.C.
Saline County Law Enforcement &
Detention Center, 1 N. Main Street,
Harrisburg, IL 62946
3/10/98
9:00am
PCB 98-98 Environmentally Concerned Citizens Organiza-
tions v. Landfill L.L.C.
Saline County Law Enforcement &
Detention Center, 1 N. Main Street,
Harrisburg, IL 62946
3/10/98
11:00am
PCB 97-174 Bernice Loschen v. Grist Mill Confections, Inc.
Department of Human Services Conference
Room, Suite A, 407 North Franklin Street,
Danville, IL 61832
3/17/98
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 9-040, Chicago, IL
60601
3/19/98
10:30am
Illinois Pollution Control Board Meeting James R. Thompson Center, 100 West
Randolph Street, Suite 9-040, Chicago,
IL 60601
4/1/98 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 60191
4/2/98
10:30am
Illinois Pollution Control Board Meeting James R. Thompson Center, 100 West
Randolph Street, Suite 9-040, Chicago,
IL 60601
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
60601
4/16/98
10:30am
Illinois Pollution Control Board Meeting James R. Thompson Center, 100 West
Randolph Street, Suite 9-040, Chicago,
IL 60601
