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Board Adopts 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 March 5, 1998, the Board

adopted amendments to 35 Ill.

Adm. Code 203, the New Source

Review (NSR) rules, docketed by

the Board as R98-10. On Septem-

ber 2, 1997, the Illinois Environ-

mental Protection Agency (IEPA)

filed a proposal for rulemaking to

amend the NSR rules. This

rulemaking revises 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 rule

affects existing sources in ozone

nonattainment areas that are subject

to the “special rules” for modifica-

tions 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.)

(

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United States Environmental Protection Agency Approves an Illinois State

Implementation Plan for the Granite City Particulate Matter Nonattain-

ment Area

On March 11, 1998, the United States Environmental Protection Agency

(USEPA) approved an Illinois State Implementation Plan (SIP) for Granite City

particulate matter (PM) nonattainment area. 63 Fed. Reg. 11842 (March 11,

1998). On November 14, 1995, May 9, 1996, June 14, 1996, February 1, 1997,

and October 16, 1997, the State of Illinois submitted SIP revision requests to

meet commitments related to the conditional approval of Illinois’ May 15, 1992,

SIP submittal for the Lake Calumet, McCook, and Granite City PM nonattain-

ment areas. The Board adopted these regulations In the Matter of: Visible and

Particulate Matter Emissions: Amendments to 35 Ill. Adm. Code 212 (May 16,

1996), R96-5, (20 Ill. Reg. 7605 (June 7, 1996)). USEPA approved the SIP

revision request as it applies to the Granite City PM nonattainment area. The

SIP revision request corrects, for the Granite City PM nonattainment area, all of

the deficiencies of the May 15, 1992, submittal. USEPA indicated that no action

is being taken on the submitted plan revisions for the Lake Calumet and McCook

areas at this time. USEPA anticipates that these will be addressed in separate

rulemakings.

On March 19, 1996, and October 15, 1996, Illinois also submitted requests to

redesignate the Granite City PM nonattainment area to attainment status for the

PM National Ambient Air Quality Standards (NAAQS). USEPA approved this

request, as well as the maintenance plan for the Granite City area, which was

submitted with the redesignation request to ensure continued attainment of the

NAAQS.

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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)). On

January 8, 1998, the Board adopted a second notice

proposal for review by the Joint Committee on Adminis-

trative Rules (JCAR). On February 17, 1998, JCAR

issued a certificate of no objection to this rulemaking.

The Board had adopted the “special rules” as portions

of Sections 203.206, 203.207, and 203.301 in its rule-

making 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. This rule

amends the Board’s rules to be consistent with the United

Environmental Protection Agency’s more recent interpre-

tation of the “special rules” in its 1996 NSR rule proposal.

61 Fed. Reg. 38249 (July 23, 1996). The rules change the

method of handling 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 rules may also impact some calcula-

tions under the proposed Emissions Reduction 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 rule was filed pursuant to the fast-track rule-

making procedures of Section 28.5 of the Environmental

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 regulation. The

Board has no discretion to adjust these timeframes 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

way of hearing officer order dated October 29, 1997.

All comments regarding this rulemaking may be

directed to Amy Muran Felton at 312/814-7011; e-mail

address: amuranfe@pcb084r1.state.il.us.

?

oard Adopts First Notice Proposal In the Matter

of: Municipal Solid Waste Landfills - Non-

Methane Organic Compounds 35 Ill. Adm. Code

201.103, 201.146, and Part 220, R98-28

In response to a March 13, 1998, proposal filed by the

Illinois Environmental Protection Agency, the Board, on

March 19, 1998, adopted a first notice proposal In the

Matter of: Municipal Solid Waste Landfills - Non-

Methane Organic Compounds 35 Ill. Adm. Code 201.103,

201.146, and Part 220. The adoption by the Board of

these proposed amendments is authorized under Section

28.5 of the Environmental Protection Act (Act) (415 ILCS

5/28.5 (1998)). Section 28.5 provides for “fast-track”

adoption of certain regulations necessary for compliance

with the Clean Air Act Amendments (CAAA) of 1990 (42

U.S.C. 7401-76719 (1990)).

Section 111(d) of the CAAA requires that states

submit a plan for the control of emissions from any source

for which the United States Environmental Protection

Agency (USEPA) has promulgated a performance

standard. USEPA has promulgated a new source

performance standard (NSPS) and an emission guideline

(EG) for municipal landfills which require that non-

methane organic compounds (NMOC) be controlled. 40

CFR 51, 52, 60. The NSPS and EG apply to municipal

landfills that accept household waste, but these landfills

may also accept other types of waste,

e.g.,

commercial or

industrial. The NSPS applies to municipal landfills where

construction, reconstruction, or modification began on or

after May 30, 1991. The EG also applies to municipal

landfills where construction, reconstruction, or modifica-

tion began before May 30, 1991. The municipal landfill

owner or operator must either have accepted waste since

November 8, 1987, or have unused capacity for additional

waste.

The proposed rules include provisions for implement-

ing the EGs for the control of emissions from existing

municipal landfills in Illinois. The proposal contains

standards and control requirements that are intended to be

equivalent to those included in the NSPS. The proposal

requires certain existing landfill owners or operators to

report their design capacity and annual NMOC emission

rate, and if emissions are equal or greater to 50 Mg/year,

to install a gas collection control system. The six major

parts of the proposed rules are the applicability criteria,

control requirements, compliance, operational standards,

monitoring, reporting, recordkeeping, and amendments to

exempt smaller landfills from state permitting require-

ments.

The Board held the first hearing on May 1, 1998 in

Chicago. The second hearing was held on May 13, 1998

in Springfield. The third hearing is scheduled for May 21,

1998, at 1:30 p.m. in Room 9-031 of the James R.

Thompson Center, 100 W. Randolph, Chicago. The third

hearing may be canceled if unnecessary, as specified at

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Section 28.5(g)(3) of the Act (415 ILCS 5/28.5(g)(3)

(1998)).

For further information regarding this rulemaking,

please contact Catherine Glenn at 312/814-6923; e-mail

address: cglenn@pcb084r1.state.il.us

?

oard Adopts Amendments 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 April 2, 1998, the Board adopted amendments to

Parts 703, 720, 721, 724, 725, 728, and 733 as they relate

to standards for universal waste management. This

rulemaking was mandated on August 19, 1997, when

Governor Jim Edgar signed into law Public Act 90-502

(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

required that the Board complete the rulemaking on or

before April 15, 1998, to integrate this designation into

the Board’s hazardous waste rules.

The rules amend Part 733 to designate 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 lamps 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 adopted

regarding the applicability of the provisions. Specifically,

the new provisions provide that used mercury-containing

lamps become waste on the date that the handler perma-

nently 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 adopted

amendments allowing for the crushing of universal waste

mercury-containing lamps for volume reduction under

certain conditions. Finally, the amendments contain new

sections requiring small quantity handlers of universal

waste, large quanitity handlers of universal waste, and

transporters of universal waste to manage universal waste

mercury-containing lamps in a manner that prevents

release of any universal waste or component of a universal

waste to the environment.

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 the Matter

of Review of Remediation Costs for Environ-

mental Remediation Tax Credit (Amendments to

35 Ill. Adm. Code 740), R98-27

On April 16, 1998, the Board adopted for first-notice

publication in the

Illinois Register

amendments to 35 Ill.

Adm. Code 740 implementing Public Act 90-123, which

created an environmental remediation tax credit (tax

credit). See Pub. Act 90-123 (1997), eff. July 21, 1997.

The bill amended Section 201(l) of the Illinois Income

Tax Act (35 ILCS 5/101

et seq.

(1996)) and Section 58.14

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

et seq.

(1996)). Section 58.14 of the Act requires the

Board to adopt tax credit rules for second notice within

six months after the Board receives the IEPA’s proposed

rules, or by July 21, 1998.

The tax credit allows taxpayers under the Act to credit

against their Illinois tax liability a portion of the costs that

taxpayers have spent to clean up certain contaminated

properties (or “brownfields”). The tax credit is intended

to spur the cleanup and redevelopment of brownfields. A

taxpayer who wishes to claim the tax credit must first

submit to the Illinois Environmental Protection Agency

(IEPA) an application for review of its cleanup (or

“remediation”) costs. The Board’s first-notice proposal

establishes the procedures and standards under which the

IEPA will consider these applications.

The Board held three public hearings in this matter:

the first, in Chicago, on February 24, 1998; the second, in

Springfield, on February 27, 1998; and the third, also in

Springfield, on March 17, 1998. The March 17, 1998,

hearing was solely for the purpose of receiving comment

on the Department of Commerce and Community Affairs’

decision not to perform an economic impact study on the

IEPA’s proposed rules pursuant to Pub. Act 90-489,

effective January 1, 1998.

The proposed rules will be published in the

Illinois

Register

, which commences a 45-day public comment

period. Public comments should be submitted to the

Clerk of the Board and reference docket R98-27.

Any questions regarding this rulemaking may be

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

address: rmcgill@pcb084r1.state.il.us.

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oard Adopts Second Notice Proposal In the

Matter of Tiered Approach to Corrective Action

Objectives: Amendments to 35 Ill. Adm. Code

742, R97-12(C)

On April 16, 1998, the Board adopted for second

notice review by the Joint Committee on Administrative

Rules amendments to 35 Ill. Adm. Code 742. The Board

opened this docket on December 4, 1997, as a result of a

joint motion filed on December 3, 1997, on behalf of the

Site Remediation Advisory Committee (SRAC) and the

Illinois Environmental Protection Agency (IEPA). In

their joint motion, the SRAC and the IEPA requested that

the Board make corrections to Appendix A.Table H,

entitled “Chemicals Whose Tier I Class I Groundwater

Remediation Objective Exceed the 1 in 1,000,000 Cancer

Risk Concentration” (Table H). The Board also on its

own motion proposed to amend additional sections of Part

742 in order to make some non-substantive grammatical,

typographical, and mechanical changes that were identi-

fied after the adoption of Docket A in this rulemaking.

The first notice opinion and order was published in the

Illinois Register

on December 26, 1997. 21 Ill. Reg.

16982 (December 26, 1997).

During the first notice period, the Board held one

hearing on January 12, 1998, regarding the merits of this

proposal. On March 17, 1998, the Board also held a

hearing in response to Public Act 90-489, effective

January 1, 1998, which requires the Board to request the

Department of Commerce and Community Affairs to

conduct an economic impact study for a proposed

rulemaking and the Board to conduct a hearing on the

matter thereafter. No written comments were received

during the first notice period.

Any further questions regarding this rulemaking may

be directed to Amy Muran Felton at 312/814-7011; e-

mail: amuranfe@pcb.084r1.state.il.us.

?

oard Adopts Second 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 April 16, 1998, the Board adopted for second

notice review by the Joint Committee on Administrative

Rules amendments to 35 Ill. Adm. Code 201 regarding

general permitting provisions to allow for issuance of

perpetual permits for certain sources. On November 20,

1997, the Board adopted these amendments for first notice

publication in the

Illinois Register

. 21 Ill. Reg. 16023

(December 12, 1997).

On October 10, 1997, the Illinois Environmental

Protection Agency (IEPA) filed this proposal to amend

the Board’s regulations concerning air permits. Specifi

cally, the IEPA’s proposal requests that the Board amend

certain sections of Part 201 to allow for perpetual permits

for sources that: 1) emit 25 tons or more per year and 2)

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.

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.

Hearings in this matter were held on December 8,

1997, in Chicago, and on January 12, 1998, in Spring-

field. Representatives of the Chemical Industry Council,

the Illinois Environmental Regulatory Group, and the

Illinois Environmental Protection Agency testified at the

aforementioned hearings regarding the proposed amend-

ments. An additional hearing was held on March 30,

1998, on the single issue of the Department of Commerce

and Community Affairs’ decision not to conduct an

economic impact study in connection with this rulemak-

ing. No one testified at this hearing, and the Board has

not received any comments on the economic impact study

issue.

Questions regarding this rulemaking may be directed

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

cking@pcb084r1.state.il.us.

?

oard Adopts Second Notice Proposal In the

Matter of Clean-Up Amendments to 35 Ill. Adm.

Code 215, R98-15

On April 16, 1998, the Board adopted for second

notice review by the Joint Committee on Administrative

Rules amendments to 35 Ill. Adm. Code 215. The

proposal amends Subpart A General Provisions, Subpart F

Coating Operations, and Subpart Z Dry Cleaners.

Specifically, the amendments delete 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

adopted this matter for first notice publication in the

Illinois Register

on February 5, 1998. 22 Ill. Reg. 3674

(February 21, 1998).

Hearings were held on December 18, 1997, and

December 22, 1997. Two public comments were filed

during the post hearing public comment period. An

additional hearing was held on March 30, 1998, in

response to Public Act 90-489, effective January 1, 1998,

which requires the Board to hold a hearing regarding the

economic impact of this rule. No public comments were

received with regard to the economic impact of this

rulemaking.

Any questions regarding this rulemaking may be

directed to Catherine Glenn at 312/814-6923; e-mail

address: cglenn@pcb084r1.state.il.us.

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oard Adopts Proposal for Public Comment in

Identical-in-Substance Rulemaking In the Matter

of Exemptions from the Definition of Volatile

Organic Material, USEPA Amendments (July 1, 1997,

through April 9, 1998), R98-17

On April 16, 1998, the Board adopted a proposal for

public comment in this rulemaking to update the definition

of volatile organic material (VOM) in 35 Ill. Adm. Code

211.7150 to reflect the most recent United States Envi-

ronmental Protection Agency (USEPA) exemption of 17

compounds from regulation as tropospheric ozone

precursors. See 62 Fed. Reg. 44900 (August 25, 1997);

63 Fed. Reg. 17331 (April 9, 1998). For a complete list

of the 17 compounds see page 2 of the Board’s April 16,

1998, opinion and order in docket R98-17. The Board

expanded the scope of the docket to include the USEPA’s

very recent, April 9, 1998, exemption of methyl acetate,

as the Board anticipated that many Illinois sources may

wish to use this common chemical.

Section 9.1(e) of the Environmental Protection Act

(Act) (415 ILCS 5/9.1(e) (1996)) provides that Title VII

of the Act and Section 5 of the Administrative Procedure

Act (APA) (5 ILCS 100/5-35, 5-40 (1996)) do not apply

to this proceeding. Because it is not subject to Section 5

of the APA, this rulemaking is not subject to first notice

and second notice review by the Joint Committee on

Administrative Rules. In addition, this rulemaking is not

subject to the economic impact study requirements of

Section 27(b) of the Act.

One hearing on the merits of this proposal is sched-

uled for Wednesday, June 3, 1998, at 2:00 p.m. in Room

9-034 of the James R. Thompson Center. Public com-

ments regarding this proposal will be accepted by the

Clerk of the Board for a period of 45-days after publica-

tion of the proposal in the

Illinois Register

.

Please direct any questions regarding this rulemaking

to Amy Muran Felton, 312/814-7011; e-mail address:

amuranfe@pcb084r1.state.il.us.

?

oard Adopts Proposal for Public Comment in

Identical-in-Substance Rulemaking In the Matter

of Wastewater Pretreatment Update, USEPA

Regulations (July 1, 1997, through December 31,

1997), R98-23

On April 16, 1998, the Board adopted a proposal for

public comment in this rulemaking to include revisions

adopted by the United States Environmental Protection

Agency (USEPA) to the procedures for modification of

wastewater pretreatment regulations incorporated into a

National Pollution Discharge Elimination System

(NPDES) permit of a publicly-owned treatment works

(POTW). See 62 Fed. Reg. 38406 (July 17, 1997).

Section 13.3 of the Environmental Protection Act

(Act) (415 ILCS 5/13.3 (1996)) provides for quick

adoption of regulations that are identical in substance to

federal wastewater pretreatment regulations adopted by

USEPA pursuant to Section 307(b), (c), and (d) and

402(b)(9) of the Federal Water Pollution Control Act, 33

U.S.C. 1317(b), (c), (d), 1342(b)(9) (1996). Section 13.3

also provides that Title VII of the Act and Section 5 of the

Administrative Procedure Act (APA), (5 ILCS 100/5-35,

5-40 (1996)) do not apply to this proceeding. Because

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

is not subject to first notice or second notice review by the

Joint Committee on Administrative Rules and to the

economic impact study requirements of Section 27(b) of

the Act. Public comments on this proposal may be filed

with the Clerk of the Board for a 45-day period after the

proposal is published in the

Illinois Register.

Any questions regarding this rulemaking may be

directed to Amy Muran Felton, 312/814-7011; e-mail

address: amuranfe@pcb084r1.state.il.us.

?

oard Adopts Reasons for Delay Order in Identi-

cal-in-Substance Rulemaking In the Matter of

RCRA Update, USEPA Regulations (July 1, 1996,

through December 31, 1996), R97-21; UIC Update,

USEPA Regulations (January 1, 1997, through June

30, 1997), R98-3; RCRA Update, USEPA Regulations

(January 1, 1997, through June 30, 1997), R98-5

On April 16, 1998, the Board adopted a reason for

delay order in this identical-in-substance rulemaking. The

amendments will implement the hazardous waste rules

found in Subtitle C of the Resource Conservation and

Recovery Act of 1976 (Subtitle C), 42 U.S.C. 6921-6925

(1996) and the underground injection control (UIC)

regulations found in the Safe Drinking Water Act, 42

U.S.C. 300h (1996). The federal Subtitle C regulations

are found at 40 C.F.R. 260 through 268, 270 through 271,

and more recently, 273. The federal UIC regulations are

found at 40 C.F.R. 144, 146, and 148. The reasons for

delay were: 1) delay in adopting prior update dockets

R96-10/R97-3/R97-5; 2) time spent on incorporating

corrections of minor errors to the text of dockets R96-

10/R97-3/R97-5 requested by the Joint Committee on

Administrative Rules; 3) amendments adopted In the

Matter of: Amendments to 35 Ill. Adm. Code 703, 720,

721, 724, 725, 728, and 733 (Standards for Universal

Waste Management) (April 2, 1998), R98-12, require the

Board to amend various sections of this proceeding; 4) the

anticipated size of this update appears to be nearly 500

pages; and 5) the Board must compare the text of the

federal amendments on a line-by-line basis, which proves

very time-consuming. The Board anticipates adoption of

a proposal for public comment in June 1998.

Please direct any questions regarding this rulemaking

to Michael McCambridge at 312/814-6914; e-mail

address: mmccambr@pcb084r1.state.il.us.

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nited States Environmental Protection Agency

Approves Illinois State Implementation Plan for

Controlling Volatile Organic Material for Syn-

thetic Organic Chemical Manufacturing Industry

Reactor Processes and Distillation Operations

(Monsanto Chemical Company’s Sauget Facility) in

the Chicago and Metro-East St. Louis Areas

On March 11, 1998, the United States Environmental

Protection Agency (USEPA) approved an Illinois State

Implementation Plan (SIP) for controlling volatile organic

material (VOM) for synthetic organic chemical manufac-

turing industry reactor processes and distillation opera-

tions in the Chicago and Metro-East St. Louis Areas. 63

Fed. Reg. 11836 (March 11, 1998). VOM, as defined by

the State of Illinois, is identical to “volatile organic

compounds” as defined by USEPA. VOM is an air

pollutant which combines with nitrogen oxides in the

atmosphere to form ground-level ozone, commonly known

as smog. Ozone pollution is of particular concern because

of its harmful effects upon lung tissue and breathing

passages. This plan was submitted to meet the Clean Air

Act requirements for states to adopt reasonably available

control technology (RACT) rules for sources that are

covered by Control Technique Guideline (CTG) docu-

ments. The rulemaking action only addresses compliance

with the RACT requirements for one source, Monsanto

Chemical Group’s Sauget facility. USEPA approved the

SIP revision request submitted by the State of Illinois as it

applies to Monsanto Chemical Company’s Sauget facility.

?

nited States Environmental Protection Agency

Issues Final Report Regarding the Effect of

Electric Utility Hazardous Air Pollutants

On March 3, 1998, the United States Environmental

Protection Agency (USEPA) issued a final report to

Congress regarding the effect of electric utility hazardous

air pollutants. 63 Fed. Reg. 10378 (March 3, 1998). The

report was prepared by USEPA in response to Section

112(n)(1)(A) of the Clean Air Act as amended in 1990 (42

U.S.C. § 7401 (1990)), which required USEPA to submit

to Congress the results of a study of emissions of

hazardous air pollutants from electric utility steam

generating units and on the hazards to public health

reasonably anticipated to occur as a result of these

emissions. Congress directed that the report describe

alternative control strategies for hazardous air pollutant

emissions which may warrant regulation. The final report

was transmitted to Congress on February 24, 1998.

Copies of the final report will be available from Public

Docket No. A-92-55 at: USEPA, Air and Radiation

Docket and Information Center, 401 M Street, S.W.,

Washington, D.C. 20460.

?

nited States Environmental Protection Agency

Publishes Listing of Candidate Drinking Water

Contaminants

On March 2, 1998, the United States Environmental

Protection Agency (USEPA) published the first required

list of non-regulated drinking water contaminants that are

candidates for future regulation. 63 Fed. Reg. 10274

(March 2, 1998). The listing includes 50 chemical and 10

microbiological contaminants. This listing is required

under the 1996 amendments to the Safe Drinking Water

Act (42 U.S.C. § 300f (1996)). The candidate contami-

nant list (CCL) is divided into categories: contaminants

that are priorities for future research, contaminants for

which further occurrence data are needed, and contami-

nants that are priority for development of additional

regulations.

For further information, please contact the USEPA

Safe Drinking Water Hotline: 800/426-4791 or call

Evelyn Washington at 202/260-3029; e-mail address:

washington.evelyn@epamail.gov.

?

nited States Environmental Protection Agency

Announces Availability of Final Testing Manual

Entitled “Evaluation of Dredged Material Pro-

posed for Discharge in Waters of the U.S.”

On March 2, 1998, the United States Environmental

Protection Agency (USEPA) announced the availability of

the final testing manual entitled “Evaluation of Dredged

Material Proposed for Discharge in Waters of the U.S.”

63 Fed. Reg. 10218 (March 2, 1998). This document is

commonly referred to as the Inland Testing Manual

(ITM). The ITM was prepared by a USEPA/Corps of

Engineers workgroup comprised of individuals from

headquarters, field offices, and research laboratories of

both agencies with scientific and/or programmatic

expertise related to dredged material discharge activities.

A copy of the ITM can be attained by contacting

Thomas Patin, U.S. Army Corps of Engineers, Waterways

Experiment Station, 3909 Halls Ferry Road, Vicksburg,

MS 39180-6199. The ITM is also available on the

Internet at the following addresses:

http://www.epa.gov/ost/ or at

http://www.wes.army.mil/el/dots/.

?

nited States Environmental Protection Agency

Receives Submissions for Alteration of State National

Pollutant Discharge Elimination System Programs to

Comply with Great Lakes Water Quality Guidance

On March 2, 1998, the United States Environ-

mental Protection Agency (USEPA) announced that it

received for review and approval revisions to the National

Pollutant Discharge Elimination System (NPDES)

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programs in Indiana, Michigan, Wisconsin, and Ohio. 63

Fed. Reg. 10221 (March 2, 1998). Most of the proposed

revisions were adopted to comply with Section 118(c) of

the Clean Water Act (CWA) (33 U.S.C. § 1251 (1996))

and 40 CFR 132.4, although in some cases, states have

also proposed revisions that are not related to those

required by Section 118(c) of the CWA and 40 C.F.R.

132.4. The revisions to the NPDES programs were

submitted in light of the requirements of the Final Water

Quality Guidance for the Great Lakes System issued on

March 23, 1995 (60 Fed. Reg. 15366 (March 23, 1995)).

USEPA Region V is comprised of the listed four states, as

well as Illinois and Minnesota.

On December 18, 1997, the Board adopted final

regulations implementing the Final Water Quality

Guidance in In the Matter of: Conforming Amendments

for the Great Lakes Initiative: 35 Ill. Adm. Code 302.101,

302.105, 302.Subpart E, 303.443, and 304.222, docketed

by the Board as R97-25. The Great Lakes Initiative is a

federally-required rule that has been proposed in accor-

dance with Section 28.2 of the Environmental Protection

Act (415 ILCS 5/28.2 (1996)).

?

nited States Environmental Protection Agency

Bans the Manufacture of Halon Blends

On March 5, 1998, the United States Environmental

Protection Agency (USEPA) issued a direct final rule

banning the manufacture of halon blends. 63 Fed. Reg.

11083 (March 5, 1998). The direct final rule became

effective on April 6, 1998. The final rule also prohibits

the intentional release of halons during training of

technicians and during testing, repair, and disposal of

halon-containing equipment. The final rule further

requires appropriate training of technicians regarding

emissions reduction and requires the proper disposal of

halon and of halon-containing equipment. Release of

halons to the environment contributes significantly to the

depletion of the stratospheric ozone layer which, in turn,

can lead to increased incidences of skin cancer and other

ill effects. USEPA proposed these requirements in

response to a lawsuit filed by the Sierra Club.

USEPA understands that the manufacturers of which

have in recent years been engaged in the manufacture of

halon blends will be minimally impacted by the ban.

Furthermore, USEPA understands that entities using

halons, driven in part by the economic value of halons,

currently widely practice the kinds of precautions codified

in this final rule. This rule will more fully extend those

practices throughout the industry and will ensure their

continued implementation in the event of changes in the

halon market conditions. Thus, this rule will assure

continued significant environmental benefits, while

placing only minimal burdens on industry.

?

nited States Environmental Protection Agency

Implements Effect of National Low Emission

Vehicle Program

The United States Environmental Protection Agency

(USEPA) announced that nine northeastern states and 23

manufacturers have opted into a voluntary clean car

program set forth by USEPA in its National Low Emis-

sions Vehicle (LEV) regulations. 63 Fed. Reg. 11373

(March 9, 1998). In accordance with the National LEV

regulations, cleaner light-duty trucks will be produced and

sold starting at the end of 1998. USEPA anticipates that

the LEV program demonstrates how partnership efforts

can produce a smarter, cheaper program that reduces

regulatory burden while increasing protection of the

environmental and public health.

?

nited States Environmental Protection Agency

Issues Statement Regarding Environmental

Management Systems and International Organiza-

tion for Standardization (ISO) 14001

On March 12, 1998, the United States Environmental

Protection Agency (USEPA) gave notice of its position

regarding the environmental management systems (EMS),

including those based on International Organization for

Standardization (ISO) 14001 standard. 63 Fed. Reg.

12094 (March 12, 1998). Organizations, associations,

private corporations, and governments have been

developing and implementing various EMS frameworks

for the past 30 years. ISO and other entities finalized the

ISO 14001 EMS standard in September 1996. The intent

of this standard is to produce a single framework for

EMS, which can accommodate varied applications all

over the world. USEPA indicated that its participation in

the development of EMS voluntary standards does not

necessarily connote USEPA’s agreement with, or

endorsement of, such voluntary standards. USEPA’s

Office of Reinvention will assume lead responsibility for

policy coordination of all EMS pilots, programs, and

communications.

Implementation of an EMS has the potential to

improve an organization’s environmental performance and

compliance with regulatory requirements. USEPA

encourages the use of EMS that focus on improved

environmental performance and compliance as well as

pollution prevention and system performance. USEPA is

working in partnership with a number of states to explore

the utility of EMS. The following categories are designed

to provide a general idea as to the type of information

USEPA believes should be collected to evaluate the

effectiveness of EMS from the perspective of regulators:

(1) environmental performance; (2) compliance; (3)

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pollution prevention; (4) environmental conditions; (5)

costs/benefits to implementing facilities; and (6) stake-

holder participation and confidence.

Comments should be addressed to the Office of

Reinvention- EMS, United States Environmental Protec-

tion Agency, 401 M Street, SW, Mail Code 1803,

Washington, DC 20460.

?

nited States Environmental Protection Agency

Unveils Clean Water Action Plan in Response to

State of the Union Address

On March 24, 1998, the United States Environmental

Protection Agency (USEPA) announced a Clean Water

Action Plan (action plan). 63 Fed. Reg. 14109 (March 24,

1998). In his 1998 State of the Union Address, President

Clinton announced a new clean water initiative to speed

the restoration of the nation’s rivers, lakes and coastal

waters. This new initiative aims to achieve clean water by

strengthening public health protection, targeting commu-

nity-based watershed protection efforts at high priority

areas, and providing communities with new resources to

control polluted runoff. On October 18,1997, Vice

President Gore directed the United States Department of

Agriculture (USDA) and the USEPA to work with other

federal agencies and the public to prepare an aggressive

action plan to meet the promise of clean, safe water for all

Americans. The action plan builds on the solid founda-

tion of existing clean water programs and proposes new

actions to strengthen efforts to restore and protect water

resources.

In implementing the action plan, USEPA will do the

following: support locally led partnerships that include a

broad array of watershed partners, including federal and

state agencies, tribes and communities to meet clean water

and public health goals; increase financial and technical

assistance to states, tribes, local governments, farmers,

and others; and help states and tribes restore and sustain

the health of aquatic systems on a watershed basis.

USEPA will utilize four tools to achieve clean water

goals: a watershed approach; strong federal and state

standards; natural resources stewardship; and informed

citizens and officials.

Copies of the Clean Water Action Plan may be

obtained from USEPA’s National Center for Environ-

mental Publication and Information, 1-800-490-9198 (toll

free).

?

roposed Settlement Agreement Reached Between

Eight Northeastern States and the United States

Environmental Protection Agency Regarding

Nitrogen Oxide Findings Under Section 126 of the

Clean Air Act

On March 5, 1998, the United States Environmental

Protection Agency (USEPA) issued a notice of proposed

settlement agreement in accordance with Section 113(g)

of the Clean Air Act, as amended, (42 U.S.C. 7413(g)

(1990)) concerning litigation by eight northeastern states

(petitioners) against USEPA. 63 Fed. Reg. 10874 (March

5, 1998). The lawsuit concerns USEPA’s alleged failure

to perform a non-discretionary duty with respect to

promulgating action on petitions submitted by petitioners

under Clean Air Act Section 126. A Section 126 petition

requires USEPA to make findings that electric utilities and

other stationary sources of oxides of nitrogen (NOx)

emissions in states upwind of petitioners contribute

significantly to nonattainment. The proposed settlement

establishes a schedule by which USEPA will take action

on the Section 126 petitions.

?

ffice of Surface Mining Reclamation and En-

forcement Approves Proposed Amendment to the

Illinois Regulatory Program Under Surface

Mining Control and Reclamation Act

By letter dated August 5, 1997, the Illinois Depart-

ment of Natural Resources, Office of Mines and Minerals,

requested the Office of Surface Mining Reclamation and

Enforcement (OSM) to reconsider two regulations that

were previously proposed amending the Illinois regulatory

program under the Surface Mining Control and Reclama-

tion Act. 63 Fed. Reg. 17094 (April 8, 1998). The

regulations concern the determination of revegetation

success for non-contiguous surface disturbance areas less

than or equal to four acres. The additional explanatory

information is intended to clarify the regulations by

providing an interpretation statement and specifying

procedures and evaluation criteria that would be used in

the implementation of the regulations.

For further information contact: Andrew R. Gilmore,

Director, Indianapolis Field Office, Office of Surface

Mining Reclamation and Enforcement, Minton-Capehart

Federal Building, 575 North Pennsylvania Street, Room

301, Indianapolis, IN 46204-1521.

?

evision to Definition of Volatile Organic Material-

Exclusion of Methyl Acetate

The United States Environmental Protection Agency

(USEPA) revised the definition of volatile organic

materials (VOM) for the purposes of preparing state

implementation plans (SIPs) to attain the national ambient

air quality standards (NAAQS) for ozone under Title I of

the Clean Air Act and for any Federal implementation

plan (FIP) for an ozone nonattainment area. 63 Fed. Reg.

17331 (April 9, 1998). The revision adds methyl acetate

to the list of compounds excluded from the definition of

VOM on the basis that this compound has negligible

contribution to tropospheric ozone formation. Entities

potentially affected by this action are those which use and

emit VOM and states which have programs to control

VOM emissions, including Illinois.

For further information contact: William Johnson,

Office of Air Quality Planning and Standards, Air Quality

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Strategies and Standards Division (MD-15), Research

Triangle Park, NC 27711.

The Board has included this recent amendment in the

proposal for public comment recently adopted in docket

R98-17. See Exemptions From the Definition of VOM,

USEPA Amendments (July 1, 1997, through April 9,

1998) April 16, 1998, R98-17. Hearing has been

scheduled for Wednesday, June 3, 1998, at 2:00 p.m. in

room 9-034 of the James R. Thompson Center, 100 W.

Randolph St., Chicago.

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mendments to Financial Assurance Mechanisms

for Corporate Owners and Operators of Munici-

pal Solid Waste Landfill Facilities

United States Environmental Protection Agency

(USEPA) has amended the financial assurance regulations

under the Resource Conservation and Recovery Act

(RCRA) for owners and operators of municipal solid

waste landfills. 63 Fed. Reg. 17706 (April 10, 1998).

The rule increases the flexibility available to owners and

operators by adding two mechanisms to those currently

available: a financial test for use by private owners and

operators, and a corporate guarantee that allows compa-

nies to guarantee the costs for another owner or operator.

The rule provides regulatory relief by establishing

additional, less costly mechanisms for owners and

operators to comply with existing financial assurance

requirements.

Materials are available for viewing in the RCRA

Information Center (RIC), located at Crystal Gateway I,

First Floor, 1235 Jefferson Davis Highway, Arlington,

VA. Docket Identification Number is F-98FRMF-FFFFF.

The Board anticipates it will adopt these regulations in

an identical-in-substance RCRA D Update rulemaking.

?

SEPA Announces Interim Version of Health Risks

From Low-Level Environmental Exposure to

Radionuclides-Federal Guidance Report No. 13-

Part 1.

The United States Environmental Protection Agency

(USEPA) announced the availability of the report, Health

Risks from Low-Level Environmental Exposure to

Radionuclides-Federal Guidance Report No. 13-Part 1.

63 Fed. Reg. 18008 (April 13, 1998). The report is in

interim form to provide government agencies and other

interested parties the opportunity to become familiar with

its methodology and to solicit comments before publishing

it in a final version. The report is intended to promote

consistency in the assessment of risks to health from

radiation and to ensure assessments are made upon up to

date scientific information. The report provides, for the

first time, comprehensive tabulations of cancer risk

coefficients that use state-of-the-art models for estimation

of cancer risks from external and internal exposure.

USEPA plans to publish a final version of Federal

Guidance Report No. 13-Part 1 in the fall of 1998.

Written comments must be received on or before June

30, 1998. Written comments must be submitted electroni-

cally (comments.fgr13@epa.gov) or in duplicate to:

Central Docket Section (6102), United States Environ-

mental Protection Agency, ATTN: Air Docket No. A-98-

11, Washington, D.C. 20460.

?

inal Rule Promotes Participation in Title IV Acid

Rain Opt-In Program Under Title IV of the Clean

Air Act

In accordance with Title IV of the Clean Air Act

(1990), the United States Environmental Protection

Agency (USEPA) has established the Acid Rain Program.

63 Fed. Reg. 18837 (April 16, 1998). The Acid Rain

program is intended to significantly reduce emissions of

sulfur dioxide and nitrogen oxides from electric generat-

ing plants to reduce the adverse health and ecological

impacts of acidic deposition resulting from such emis-

sions. This final rule will promote participation in the

Title IV opt-in program by: 1) clarifying existing

regulations; 2) allowing a limited exception from the

general rule of one designated representative for all

affected units at a source; 3) revising the conditions under

which USEPA may cancel current-year allowance

allocations; and 4) allowing thermal energy plants to be

effective on a quarterly basis. To determine whether a

facility is affected by this action, USEPA advises facilities

to examine the applicability criteria in Section 74.2 of

Title 40 of the Code of Federal Regulations (40 C.F.R. §

74.2) and the revised Sections 72.6, 72.7, 72.8 and 72.14

(40 C F R

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72.6, 72.7, 72.8, 72.14). See also 62 Fed

Reg. 55460, 55476-80 (October 24, 1997).

Any questions regarding the applicability of this action

to a particular entity may be directed to Kathy Barylski at

(202) 564-9074, Acid Rain Division 96204J, USEPA, 401

M Street, SW, Washington, D.C. 20460.

The Board anticipates adoption of these regulations by

way of a fast track air rulemaking pursuant to Section 28.5

of the Environmental Protection Act (415 ILCS 5/28.5

(1996)).

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inal Rule: Emission Standards for Locomotives

and Locomotive Engines

The United States Environmental Protection Agency

(USEPA) promulgated emission standards and related

regulatory requirements for the control of emissions from

locomotives and locomotive engines as required by the

Clean Air Act Section 213 (a)(5). 63 Fed. Reg. 18977

(April 16, 1998). The primary focus of this rule is the

reduction of nitrogen oxide (NOx). USEPA expects that

the standards will take effect in 2000 and will ultimately

result in a more than 60 percent reduction in NOx from

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locomotives. The rule includes standards for emissions of

hydrocarbons (HC), carbon monoxide (CO), particulate

matter (PM), and smoke. USEPA also adopted an

emissions averaging program and a banking and trading

program to improve feasibility and provide flexibility in

achieving compliance with the proposed standards. The

regulations preempt certain state and local requirements

relating to the control of emission from new locomotive

and new locomotive engines, pursuant to Clean Air Act

Section 209(e).

?

nited States Environmental Protection Agency

Revises State Primacy Requirements to Implement

State Drinking Water Act Amendments

On April 28, 1998, the United States Environmental

Protection Agency (USEPA) adopted requirements for

states to obtain and retain primary enforcement authority

for the Public Water System Supervision (PWSS)

program under Section 1413 of the Safe Drinking Water

Act (SDWA), as amended by the 1996 amendments (42

U.S.C. 300f

et seq.

). 63 Fed. Reg. 23362 (April 28,

1998). The revisions add a new administrative penalty

authority requirement that states must meet in order to

obtain or retain primacy and change the timing for a state

to adopt new or revised drinking water regulations.

Additionally, the amendments change a state’s primacy

status while awaiting a final determination on its primacy

application. The rule’s language also provides examples

of circumstances that require an emergency plan for the

provision of safe drinking water. Finally, USEPA states

that the amendments expand the definition of public water

system.

The Board anticipates adoption of these amendments

in an identical-in-substance rulemaking in the near

future.

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nited States Environmental Protection Agency

Issues Notice of Proposed Revisions to Approved

Programs to Administer the National Pollution

Discharge Elimination System Permitting Program in

Illinois, Resulting in Part from the Adoption of the

Water Quality Guidance For the Great Lakes System

On April 28, 1998, the United States Environmental

Protection Agency (USEPA) provided notice that it has

received for review and approval revisions to the National

Pollutant Discharge Elimination System (NPDES)

programs in Illinois. 63 Fed. Reg. 23285 (April 28,

1998). Most of the proposed revisions were adopted to

comply with Section 118(c) of the Clean Water Act (33

U.S.C. 1251

et seq.

(1996)) and 40 C.F.R. 132.4. USEPA

invites public comment on whether it should approve

these revisions pursuant to 40 C.F.R. 123.62 and 132.5.

Comments must be received in writing by May 28, 1998,

and should be sent to Jo Lynn Traub, Director, Water

Division, Attention: GLI Implementation Procedures, 77

West Jackson Boulevard, Chicago, Illinois 60604-3590.

?

nited States Environmental Protection Agency

Adopts Amendments to Remove Phase-Out of

Mixing Zones for Bioaccumulative Chemicals of

Concern for the Final Water Quality Guidance for the

Great Lakes System

On April 23, 1998, the United States Environmental

Protection Agency (USEPA) amended the final Water

Quality Guidance for the Great Lakes System (Guidance)

(40 CFR 132) by removing the provisions to eliminate and

phase-out mixing zones for bioaccumulative chemicals of

concern (BCCs). 63 Fed. Reg. 20107 (April 23, 1998).

USEPA also amended the Guidance by revising Procedure

8.D of Appendix F to remove language in the Pollutant

Minimization Program provision that might imply

authorization for imposing water quality-based effluents

(WQBELs) on internal waste streams or for requiring

specific control measures to meet WQBELs. USEPA

states that both amendments were adopted as a result of

the decision in American Iron and Steel Institute, et al. v.

USEPA, 115 F. 3d 979 (D.C. Cir. 1997). The amend-

ments became effective April 23, 1998.

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nited States Environmental Protection Agency

Proposes Delay of Implementation Date of Clean

Fuel Fleet Program

On April 23, 1998, the United States Environmental

Protection Agency (USEPA) proposed to delay the

implementation of the date one year, until 1999, in which

fleet operators must include certain percentages of clean

fuel vehicles in their fleet for purposes of compliance with

the Clean Fuel Fleet Program. 63 Fed. Reg. 20159 (April

23, 1998).

Subpart C of Title II of the Clean Air Act requires

states within certain ozone and carbon monoxide nonat-

tainment areas to revise their State Implementation Plans

to incorporate a Clean Fuel Fleet Program. Under this

program, specific percentages of new vehicles acquired by

covered fleet operators must

meet USEPA’s clean fuel vehicle emissions standards.

This proposal is intended to ensure successful implemen-

tation of the Clean Fuel Fleet Program and to ensure that

an adequate supply of appropriate vehicles is available for

fleet operators to purchase and use once the program is

under way, so that compliance with the mandatory

purchase requirements will be possible and economically

feasible for covered fleet operators.

Written comments on this proposal may be received

no later than May 26, 1998, and should be directed to:

Public Docket No. A-97-53, Sally Newstead, Office of

Mobile Sources, National Vehicle and Fuel Emissions

Laboratory, 2565 Plymouth Road, Ann Arbor, MI 48105

and to Public Docket No. A-97-53, Room M-1500 (6102),

Waterside Mall, S.W., Washington, D.C. 20460.

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$33(//$7(?83'$7(

The Illinois Appellate Court, First District, affirmed the Illinois Pollution Control Board’s Deci-

sion Upholding Illinois Environmental Protection Agency Denial of Air Permit in John C. Justice

d/b/a Microcosm.

John C. Justice d/b/a Microcosm v. The Pollution Control Board

and the Illinois Environmental Protection Agency, No. 1-96-1491

(1998) (unpublished order

under Illinois Supreme Court Rule 23).

ohn C. Justice d/b/a Microcosm (Justice), appealed a decision of the Illinois Environmental Protection Agency (IEPA)

denying him an air operating permit to the Board. The Board affirmed the IEPA’s denial. On Justice’s appeal of the

Board decision, the First District Appellate Court affirmed the denial in a Rule 23 order issued January 28, 1998.

In order to comply with a consent order he entered into with the Illinois Attorney General and the IEPA, Justice submitted,

in September 1994, an air permit application to the IEPA. The application pertained to Justice’s operation of his lamination

and coating business. In October 1994 the IEPA issued Justice a Notice of Incompleteness Letter, which requested additional

information. Some additional information was provided by Justice. However, in February 1995 the IEPA denied Justice’s air

permit because he had not demonstrated that the applicable portions of the Environmental Protection Act (Act) and Board

regulations would not be violated. In March 1995 Justice filed his appeal with the Board.

The Board affirmed the IEPA’s denial, stating that, “[a]s a result of the lack of information submitted by Mr. Justice, the

Agency was unable to determine whether or not the Microcosm facility complied with the Act and Board regulations.” In this

appeal, the appellate court agreed that the Board and the IEPA were correct.

Before addressing the merits of the case, the appellate court had to consider the arguments of the Board and the IEPA that

the court lacked jurisdiction. This was the second time the jurisdictional issue was considered by the court. On a motion to

dismiss the petition, the Board and the IEPA alleged that the court lacked jurisdiction due to Justice’s failing to timely name

the Board as a respondent in his initial petition for review with the court. The court initially granted the dismissal. However,

on motion to reconsider by Justice, the court reversed itself and granted Justice 21 days to properly name and serve the Board,

which he did. In their arguments on the merits of the appeal, the IEPA and the Board argue that the reconsideration was

erroneous and that the appeal should be dismissed.

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The court’s analysis centered on the Administrative Review Law, which governs the direct review of administrative orders

by the appellate court. The Administrative Review Law requires that the “agency and all other parties of record” be named as

respondents on appeal. Additionally, if the appellate court determines that a party of record to the administrative proceeding

was not named as a “defendant” then the appellate court must allow “the plaintiff” an opportunity to serve the unnamed party,

so long as the party was not named by the administrative agency as a party of record in its final order. The court found that

since the Board is a “party of record” before the appellate court, and since the Board did not name itself as a party of record

in the Board’s final order, it was appropriate to allow Justice an additional 21 days in which to name and serve the Board.

Having found that it did have jurisdiction over the appeal, the appellate court analyzed the substantive issues raised by

Justice in his appeal. In affirming the denial of the air operating permit, the appellate court pointed out that when a permit

applicant appeals a permit denial to the Board, the applicant has the burden of proof before the Board. Additionally, the court

recognized that the Board’s decision cannot be reversed unless it is against the manifest weight of the evidence.

The court found that Justice failed to satisfy his burden of proof in a number of ways. First, he failed to show that the

subject system was a permanent total enclosure, a fact which would entitle it to a presumption of 100% capture efficiency.

Second, he failed to satisfy his burden regarding the use of the generator. The court reasoned that if the system was a

permanent total enclosure, as Justice claimed, then the generator must be a pollution control device, for which Justice must

present evidence regarding its destruction efficiency. Justice, however, denied that it was a control device and offered no

evidence regarding destruction efficiency. Because of the seemingly contradictory arguments advanced by Justice, the court

concluded that he had not satisfied his burden of proof regarding his claim that the generator be exempt from permit require-

ments.

The court also found Justice’s other arguments, regarding the alleged overreaching of the IEPA and the IEPA’s allegedly

improper determination, equally unconvincing. Based on the foregoing, the appellate court concluded that Justice had failed

to satisfy his burden of proof and that the Board decision affirming the denial of the air operating permit was not against the

manifest weight of the evidence.

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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 -

Adopted Rule, Final Order, Opinion and Order. The Board adopted amendments

to the air pollution control regulations.

6-0

ADJUDICATORY CASES

Decisions

PCB 96-97

People of the State of Illinois v. The Village of Thompsonville - The Board

granted the joint motion requesting relief from the hearing requirement of

Section 31(c)(2) of the Environmental Protection Act and accepted a stipulation

and settlement agreement in this water enforcement action involving a Franklin

County facility, ordered respondent to pay a civil penalty of $1,000, and to cease

and desist from further violations.

5-0

Hennessey

abstained

PCB 97-8

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

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

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

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

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

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

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

6-0

PCB 97-229

People of the State of Illinois v. Autorad, Inc. - The Board granted the joint

motion requesting relief from the hearing requirement of Section 31(c)(2) of the

Environmental Protection Act and accepted a stipulation and settlement agree-

ment in this Emergency Planning Community Right to Know Act enforcement

action involving a Cook County facility, ordered respondent to pay a civil

penalty of $8,700, and to cease and desist from further violations.

6-0

PCB 98-60

CDT Landfill Corporation v. City of Joliet - The Board affirmed Joliet’s October

7, 1997, decision denying siting approval to respondent, CDT Landfill Corpora-

tion.

5-1

Meyer

dissented

PCB 98-94

People of the State of Illinois v. Material Service Corporation - The Board

granted the joint motion requesting relief from the requirement of Section

31(c)(2) of the Environmental Protection Act and accepted a stipulation and

settlement agreement in this Emergency Planning Community Right to Know Act

enforcement action involving a Vermilion County facility, ordered respondent to

pay a civil penalty of $8,500, and to cease and desist from further violations.

6-0

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Motions and Other Matters

PCB 94-329

Billy and Martin Turner v. Donald Jordon, d/b/a Donald Jordon Trucking

Service - The Board granted petitioner’s motion for withdrawal of this noise

enforcement action involving a Pulaski County facility.

6-0

PCB 96-21

People of the State of Illinois v. Diamond Plating Company - 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

Madison County facility, the Board ordered publication of the required newspa-

per notice.

6-0

PCB 96-148

People of the State of Illinois v. U.S. Dismantlement Corporation - The Board

granted complainant’s motion for withdrawal of this noise enforcement action

involving a Cook County facility.

6-0

PCB 96-207

People of the State of Illinois v. Piece Work Specialists, 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

Tazewell County facility, the Board ordered publication of the required newspa-

per notice.

6-0

PCB 97-62

People of the State of Illinois v. Geon Company - The Board granted complain-

ant’s motion to withdraw the second amended complaint and motion for leave to

file a second amended complaint.

6-0

PCB 97-81

Equistar, Inc. (f/k/a Millennium Petrochemicals, Inc.) v. IEPA - The Board

granted petitioner’s motion for withdrawal of this air permit appeal involving a

Douglas County facility.

6-0

PCB 97-121

Matteson WHP Partnership v. James W. Martin and Eva D. Martin, individually

and d/b/a Martin’s of Matteson - The Board granted respondent’s motion to

strike.

6-0

PCB 98-43

Sierra Club and Jim Bensman v. City of Wood River and Norton Environmental

- The Board denied petitioner’s motion to reconsider it’s January 8, 1998, 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 petitioner’s motion to reconsider it’s

January 8, 1998, order.

6-0

PCB 98-71

Brickyard Disposal & Recycling, Inc. v. IEPA - Having previously granted a

request for a 90-day extension, the Board dismissed the matter because no permit

appeal was timely filed on behalf of this Vermilion County facility.

6-0

---

#RTKN???????????????????????????????????????????????'08+410/??'06#.?4')+56'4?0Q?????

??

PCB 98-78

Champion Gas & Oil 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 Sangamon County facility.

6-0

PCB 98-79

Lincoln Correctional Center 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 Logan County facility.

6-0

PCB 98-104

Village of Addison v. City of Wood Dale -

The Board found this matter

duplicitous, dismissed the complaint, and closed the docket.

5-0

Hennessey

abstained

PCB 98-108

City of Freeport v. IEPA - The Board accepted for hearing this land permit

appeal involving a Stephenson County facility.

6-0

PCB 98-109

Brandt Truck Line, Inc. v. IEPA - The Board accepted for hearing this appeal of

an underground storage tank decision involving a McLean County facility.

6-0

PCB 98-110

Phillips 66 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 Will

County facility.

6-0

PCB 98-111

County of Boone and the City of Belvidere v. IEPA - The Board accepted this

request for a 90-day extension of time to file a land permit appeal on behalf of a

Boone County facility.

6-0

PCB 98-113

Clayton Chemical Acquisition Limited Liability Company, d/b/a Resource

Recovery Group, L.L.C. v. IEPA - The Board granted petitioner’s motion for

admission

pro hac vice

 

and

 

accepted for hearing this land permit appeal

involving a St. Clair County facility.

6-0

%2$5'?$&7,216????????

RULEMAKINGS

R98-28

In the Matter of: Municipal Solid Waste Landfills - Non-Methane Organic

Compounds 35 Ill. Adm. Code 201.103, 201.146, and Part 220 - The Board

accepted for hearing, and adopted a first notice opinion and order concerning the

Illinois Environmental Protection Agency’s proposal to amend the Board’s air

pollution control regulations.

7-0

---

??

ADJUSTED STANDARDS

AS 97-2

In the Matter of: Petition of Chemetco, Inc. for an Adjusted Standard from 35

Ill. Adm. Code 720.131(a) and (c) - The Board entered an order denying

petitioner’s request for an adjusted standard in this action.

7-0

ADJUDICATORY CASES

Decisions

Provisional Variances

PCB 98-117

Woodward Governor Company v. IEPA - Upon receipt of an IEPA recommen-

dation, the Board granted a three day provisional variance from the 90-day

limitation on the accumulation of hazardous wastes at this Madison County

facility.

7-0

PCB 98-119

City of Mattoon v. IEPA - Upon receipt of an IEPA recommendation, the Board

granted this Coles 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 its NPDES Permit No. IL0029831 and 35 Ill.

Adm. Code 304.120(c) and 304.141(a).

6-0

Hennessey

abstained

Motions and Other Matters

PCB 96-84

Forest Preserve District of DuPage County, Illinois v. Mineral Land Resources

Corporation, Southwind Financial, Ltd., f/k/a Abbott Contractors, Inc., Bluff

City Materials, Inc. as Assignee of Abbott Contractors, Inc. - On reconsideration,

the Board affirmed its Ruling of December 18, 1997.

6-0

Hennessey

abstained

PCB 96-107

People of the State of Illinois v. ESG Watts, Inc. - The Board granted respon-

dent’s motion to reset order of pending motions and denied the motion to vacate,

the motion for stay, and the motion to strike.

6-0

Hennessey

abstained

PCB 97-62

People of the State of Illinois v. Geon Company - The Board granted the agreed

motion for stay.

7-0

PCB 97-188

People of the State of Illinois v. Dan Loepker - The Board granted complainant’s

motion for withdrawal of this water enforcement action involving a Clinton

County facility.

6-0

Hennessey

abstained

PCB 97-207

People of the State of Illinois v. Inspiration Development Company - The Board

denied respondent’s motion to dismiss.

7-0

PCB 97-222

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

withdrawal of this NPDES permit appeal involving a Will County facility.

6-0

Hennessey

abstained

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??

PCB 98-37

People of the State of Illinois v. American Waste Processing, Ltd. - The Board

granted complainant’s motion to strike an affidavit and denied respondent’s

motion to dismiss.

7-0

PCB 98-43

Sierra Club and Jim Bensman v. City of Wood River and Norton Environmental

- The Board denied petitioners’ motion for reconsideration as moot because the

motions for reconsideration had already been decided at the March 5, 1998

Board meeting.

7-0

PCB 98-72

St. Clair Properties Development, Inc. v. IEPA - The Board denied respondent’s

motion to dismiss.

6-0

Hennessey

abstained

PCB 98-84

Scott and Shelly Behrmann v. Okawville Farmers Elevator-St. Libory - The

Board granted complainant’s motion for leave to file an amended complaint.

7-0

PCB 98-107

PCB 96-240

Rogers O’Hare Motor Terminal, Limited v. ABF Freight Systems, Inc., and

People of the State of Illinois v. Rogers O’Hare Motor Terminal Limited, and

Carolina Freight Carriers Corporation -

The Board found PCB 98-107

neither duplicitous or frivolous, and on its own motion consoli-

dated this matter with PCB 96-240 for hearing.

7-0

PCB 98-115

Illinois State Toll Highway Authority 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 Boone County facility.

7-0

PCB 98-116

L. Keller Oil Properties, Inc. v. Office of the State Fire Marshal - The Board

accepted for hearing this appeal of an underground storage tank decision

involving a Effingham County facility.

7-0

%2$5'?$&7,216???????

RULEMAKINGS

R98-12

In the Matter of: Amendment of 35 Ill. Adm. Code 703, 720, 721, 724, 728, and

733 (Standards of Universal Waste Management) - Adopted Rule, Final Order,

Opinion and Order. The Board adopted amendments to the universal waste

management rules.

These amendments designate mercury-containing

lamps as a category of universal waste and provide standards for

the management of universal waste mercury-containing lamps.

6-0

---

??

ADJUDICATORY CASES

Decisions

PCB 96-21

People of the State of Ilinois v. Diamond Plating Company - The Board accepted

a stipulation and settlement agreement in this a

??

enforcement action involving a

???????

County facility, ordered respondent to pay a civil penalty of

???????

,

and to cease and desist from further violations.

6-0

PCB 97-199

Tri Star Marketing, Inc. v. IEPA -

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

Ogle

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

pursuant to Section 14.2(c) of the Environmental Protection Act (415 ILCS

5/14.2(c) (1996)), an exception from the prohibition of siting a new potential

source within the setback zone of a community water supply well,

??????? ??

???????????

6-0

Hennessey

concurred

Provisional Variances

PCB 98-126

City of Kewanee v. IEPA - Upon receipt of an IEPA recommendation, the Board

granted this

?????

County facility a 45-day provisional variance, subject to

conditions, from certain effluent discharge requirements of the water pollution

control regulations, as set forth

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

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

5-0

Hennessey

abstained

Motions and Other Matters

PCB 96-20

Barbara M. Norman, Laddie Kartes, Edward Wesolowski, Jacqueline Weso-

lowski, Will Burgess, Dorothy Burgess, Frank Rubino, Donna Rubino, Toby

Gruszecki, and Mike Gruszecki v. U.S. Postal Service, Barrington, Illinois - The

Board granted Barbara Norman and Laddie Kartes’ motion to withdraw as

parties in this citizens noise enforcement action.

6-0

PCB 96-64

City of Auburn, Illinois v. IEPA - The Board granted petitioner’s motion for

withdrawal of this underground storage tank appeal involving a Sangamon

County facility

6-0

PCB 96-193

W.R. Grace & Company - Connecticut v. IEPA - The Board granted the joint

motion to modify its August 7, 1997 order.

6-0

PCB 97-52

People of the State of Illinois v. Mutual Asbestos Control Contractors, 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 Cook County facility, the Board ordered publication of the

required newspaper notice.

6-0

PCB 97-192

People of the State of Illinois v. Sundale Sewer Corporation and Howard

Spurgeon - The Board granted complainant’s motion to amend the complaint.

5-0

Hennessey

abstained

---

#RTKN???????????????????????????????????????????????'08+410/??'06#.?4')+56'4?0Q?????

??

PCB 98-84

Scott and Shelly Behrmann v. Okawville Farmers Elevator-St. Libory - The

Board granted complainants’ motion for leave to file its first amended complaint.

6-0

PCB 98-97

Material Service Corporation v. J.W. Peters & Sons, Inc. - The Board granted

respondents’ requests for appearance, and complainant’s request for leave to file

response. The Board found respondents’ motion to request administrative

correction moot, and denied the motion. Respondents’ motion to dismiss was

granted.

6-0

PCB 98-112

Ronald R. & Melody L. Kanaverskis v. M.A. Ghalayini -

The Board found

this matter neither duplicitous nor frivolous and

accepted for hearing

this citizens’ noise enforcement action.

6-0

PCB 98-118

Jack Donelson Sales 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 Lake County facility.

6-0

PCB 98-120

Autotime, Bob Macas, Inc. v. IEPA - The Board accepted this request for a 90-

day extension of time to file an underground storage tank appeal on behalf of a

Cook County facility.

6-0

PCB 98-121

John Deere Harvester Works 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

Rock Island County facility.

6-0

PCB 98-124

Illinois State Toll Highway Authority v. IEPA - The Board accepted this request

for a 90-day extension of time to file an underground storage tank appeal on

behalf of a Cook County facility.

6-0

PCB 98-125

Illinois State Toll Highway Authority v. IEPA - The Board accepted this request

for a 90-day extension of time to file an underground storage tank appeal on

behalf of a Cook County facility.

6-0

---

??

%2$5'?$&7,216????????

RULEMAKINGS

R97-12(C)

In the Matter of: Tiered Approach to Corrective Action Objectives (TACO):

Amendments to 35 Ill. Adm. Code 742.505 and 742.900 - Proposed Rule,

Second Notice, Opinion and Order.

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

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

?

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

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

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

7-0

R97-21

R98-3

R98-5

In the Matter of:

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

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

In the Matter of:

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

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

In the Matter of:

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

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

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

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

7-0

R98-13

In the Matter of: Amendments to General Permitting Provisions to Require

Perpetual Permits for Certain Sources: Amendments to 35 Ill. Adm. Code 201 -

Proposed Rule, Second Notice, Opinion and Order.

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

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

?????

?

?

air pollution control regulations.

7-0

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, Second Notice,

Opinion and Order.

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

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

?

?

air pollution control regulations.

7-0

R98-17

In the Matter of: Exemptions From the Definition of VOM, USEPA Amend-

ments (July 1, 1997 through April 9, 1998) - Proposed Rule, Proposal for Public

Comment, Opinion and Order.

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

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

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

?

?

air pollution control regulations.

7-0

R98-23

In the Matter of: Wastewater Pretreatment Update, USEPA Regulations (July 1,

1997 through December 31, 1997) - Proposed Rule, Proposal for Public

Comment, Opinion and Order.

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

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

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

?

??

ater pollution control regulations.

6-0

Hennessey

abstained

R98-27

In the Matter of: Review of Remediation Costs for Environmental Remediation

Tax Credit (Amendments to 35 Ill. Adm. Code 740) - Proposed Rule, First

Notice, Opinion and Order.

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

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

?

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

7-0

---

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??

ADMINISTRATIVE CITATIONS

AC 98-16

County of Jackson v. James Qualls - The Board entered an order finding that this

Jackson County respondent violated Sections 21(p)(1), (p)(2) and (p)(5) of the

Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(2), (p)(5) (1996)) and

ordered the respondent to pay a civil penalty of $1,500.

7-0

AC 98-17

IEPA v. John Provenzano, d/b/a Blackstone Auto Salavage - The Board entered

an order finding that this Livingston 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 the respondent to pay a civil penalty of $1,000.

7-0

AC 98-18

IEPA v. Michael Howell - The Board entered an order finding that this William-

son County respondent violated Sections 21(p)(1) of the Environmental Protec-

tion Act (415 ILCS 5/21(p)(1) (1996)) and ordered the respondent to pay a civil

penalty of $500.

7-0

Provisional Variances

PCB 98-141

Commonwealth Edison Company (Zion Power Station) v. IEPA - Upon receipt

of an IEPA recommendation, the Board granted this

????

County facility a 45-

day provisional variance, subject to conditions, from certain effluent discharge

requirements of the water pollution control regulations, as set forth

?? ?? ????

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

5-0

Hennessey

abstained;

Meyer voted

present

ADJUDICATORY CASES

Decisions

PCB 96-68

Donetta Gott, Lyndell Chapin, Gary Wells, Earnest L. Ellison and Maxine

Ellison v. M’Orr Pork, Inc. The Board entered an order in this

????????

?

???

enforcement action involving a

????

County facility, finding the respondent in

violation of

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

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

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

??????????

.

6-0

Flemal

dissented

PCB 96-207

People of the State of Illinois v. Piece Work Specialist, Inc. - The

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

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

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

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

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

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

7-0

---

??

Motions and Other Matters

PCB 93-234

K & H Disposal, Inc. v. IEPA - The Board granted petitioner’s motion for

withdrawal of this permit appeal involving an Iroquois County facility.

7-0

PCB 96-233

People of the State of Illinois v. ESG Watts, Inc. - The Board entered an order

granting $14,760 in attorney fees to complainant, finding respondent in violation

of its March 6, 1997, order, and assessing a penalty in the amount of $3,587.

4-3

Flemal, Girard,

and Manning

dissented

PCB 97-116

People of the State of Illinois v. Dixon-Marquette Cement, 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 Lee County facility, the Board ordered publication of the required

newspaper notice.

6-0

Hennessey

abstained

PCB 97-120

Ingleside Citgo Service, Inc. v. IEPA - The Board granted petitioner’s motion for

withdrawal of this underground storage tank appeal involving a Lake County

facility.

7-0

PCB 98-36

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

withdrawal of this underground storage tank appeal involving a Cook County

facility.

7-0

PCB 98-101

Franklin C.U.S.D. #1 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 Morgan County facility.

7-0

PCB 98-103

Stepan Company v. IEPA - Having previously granted a request for a 90-day

extension, the Board dismissed the matter because no permit appeal was timely

filed on behalf of this Cook County facility.

7-0

PCB 98-104

Village of Addison v. City of Wood Dale -The Board entered an order denying

the complainant’s motion to reconsider its March 5, 1998, order.

6-0

Hennessey

abstained

PCB 98-105

Richardson Electronics, LTD. v. IEPA - Having previously granted a request for

a 90-day extension, the Board dismissed the matter because no permit appeal

was timely filed on behalf of this Kane County facility.

7-0

PCB 98-127

People of the State of Illinois v. Horsehead Resource Development Company,

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 Lee County facility, the Board ordered publication

of the required newspaper notice.

7-0

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??

PCB 98-128

SSCI Joint Venture and the Coca Cola 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 Cook County facility.

7-0

PCB 98-129

People of the State of Illinois v. Heartland Pork Enterpriises, 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 Edgar County facility, the Board ordered publication of the required

newspaper notice.

6-0

Hennessey

abstained

PCB 98-130

Glister-Mary Lee Corporation v. IEPA - The Board accepted for hearing this

appeal of an underground storage tank decision involving a Randolph County

facility.

7-0

PCB 98-131

Glister-Mary Lee Corporation v. IEPA - The Board accepted for hearing this

appeal of an underground storage tank decision involving a Randolph County

facility.

7-0

PCB 98-132

Illinois State Toll Highway Authority v.IEPA - The Board accepted this request

for a 90-day extension of time to file an underground storage tank appeal on

behalf of a Cook County facility.

7-0

PCB 98-133

Illinois State Toll Highway Authority v.IEPA - The Board accepted this request

for a 90-day extension of time to file an underground storage tank appeal on

behalf of a Cook County facility.

7-0

PCB 98-134

Illinois State Toll Highway Authority v.IEPA - The Board accepted this request

for a 90-day extension of time to file an underground storage tank appeal on

behalf of a Cook County facility.

7-0

PCB 98-135

Illinois State Toll Highway Authority v.IEPA - The Board granted this request

for a 90-day extension of time to file an underground storage tank appeal on

behalf of a Lake County facility.

7-0

PCB 98-136

Illinois State Toll Highway Authority v.IEPA - The Board granted this request

for a 90-day extension of time to file an underground storage tank appeal on

behalf of a Lake County facility.

7-0

PCB 98-137

Illinois State Toll Highway Authority v.IEPA - The Board granted this request

for a 90-day extension of time to file an underground storage tank appeal on

behalf of a Cook County facility.

7-0

---

??

PCB 98-138

Illinois State Toll Highway Authority v.IEPA - The Board granted this request

for a 90-day extension of time to file an underground storage tank appeal on

behalf of a Cook County facility.

7-0

PCB 98-139

Illinois State Toll Highway Authority v.IEPA - The Board granted this request

for a 90-day extension of time to file an underground storage tank appeal on

behalf of a Cook County facility.

7-0

PCB 98-140

Rock Valley Oil & Chemical Company, Inc. v.. Office of the State Fire Marshal -

The Board accepted for hearing this appeal of an underground storage tank

decision involving a Winnebago County facility.

7-0

1(:?&$6(6???????

98-107

Rogers O’Hare Motor Terminal, Limited v. ABF

Freight Systems, Inc. - The Board held for

duplicitous/frivolous determination, this citizens

underground storage tank enforcement action involving a

Cook County facility

.

98-108

City of Freeport v. IEPA - The Board accepted for

hearing this land permit appeal involving a Stephenson

County facility.

98-109

Brandt Truck Line, Inc. v. IEPA - The Board

accepted for hearing this appeal of an underground

storage tank decision involving a McLean County facility.

98-110

Phillips 66 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 Will

County facility.

98-111

City of Freeport v. IEPA - County of Boone and

the City of Belvidere v. IEPA - The Board accepted this

request for a 90-day extension of time to file a land permit

appeal on behalf of a Boone County facility.

98-112

Ronald R. & Melody L. Kanaverskis v. M.A.

Ghalayini - The Board held for duplicitous/frivolous

determination, this citizens noise enforcement action

involving a Cook County facility.

98-113

Clayton Chemical Acquisition Limited Liability

Company d/b/a Resource Recovery Group, L.L.C. v.

IEPA - The Board granted petitioner’s motion for

admission

pro hac vice

 

and

 

accepted for hearing this land

permit appeal involving a St. Clair County facility.

98-15

County of Jackson v. Michael Nosovitsky - The

Board accepted an administrative citation against this

Jackson County respondent.

AC 98-16

County of Jackson v. James Qualls - The Board

accepted an administrative citation against this Jackson

County respondent.

AC 98-17

IEPA v. John Provenzano, d/b/a Blackstone

Auto Salvage - The Board accepted an administrative

citation against this Livingston County respondent.

AC 98-18

IEPA v. Michael Howell - The Board accepted

an administrative citation against this Williamson County

respondent.

AC 98-19

County of Jackson v. Gary Easton - The Board

accepted an administrative citation against this Jackson

County respondent.

AC 98-20

County of Jackson v. Gary Easton, d/b/a Easton

Automotive - The Board accepted an administrative

citation against this Jackson County respondent.

---

#RTKN???????????????????????????????????????????????'08+410/??'06#.?4')+56'4?0Q?????

??

1(:?&$6(6????????

PCB 98-114

David Mulvain, Individually, as a resident of

the Village of Durand and the Durand Sanitary District,

and as a Trustee of the Board of Trustees of the Village of

Durand v. IEPA, Rockford Blacktop Construction, and the

Village of Durand - The Board held for

duplicitous/frivolous determination, this citizens water

enforcement action involving a Winnebago County

facility.

98-115

Illinois State Toll Highway Authority 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 Boone County facility.

98-116

L. Keller Oil Properties, Inc. v. Office of the State

Fire Marshal - The Board accepted for hearing this appeal

of an underground storage tank decision involving an

Effingham County facility.

98-117

Woodward Governor Company v. IEPA - Upon

receipt of an IEPA recommendation, the Board granted a

three-day provisional variance from the 90-day limitation

on the accumulation of hazardous wastes at this Madison

County facility.

AC 98-21

County of Jackson v. Randy McBride - The

Board accepted an administrative citation against this

Jackson County respondent.

AC 98-22

IEPA v. Terry Wingert - The Board accepted

an administrative citation against this Stephenson County

respondent.

AS 98-6

In the Matter of: Petition of Shell Wood River

Refining Company for an Adjusted Standard from 35 Ill.

Adm. Code 725.213 and 725.321 - The Board acknowl-

edged receipt of this petition for a adjusted standard from

certain requirements on behalf of a Madison County

facility and held it pending receipt ofa certification of

publication. No action taken.

R98-28

In the Matter of: Municipal Solid Waste

Landfills - Non-Methane Organic Compounds 35 Ill.

Adm. Code 201.103, 201.146, and Part 220 - The Board

accepted for hearing and adopted a first notice opinion

and order concerning the Illinois Environmental Protec-

tion Agency’s proposal to amend the Board’s air pollution

control regulations.

1(:?&$6(6???????

98-118

Jack Donelson Sales 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

Lake County facility.

98-120

Autotime, Bob Macas, Inc. v. IEPA - The Board

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

an underground storage tank appeal on behalf of a Cook

County facility.

98-121

John Deere Harvester Works 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 Rock

Island County facility.

98-122

People of the State of Illinois v. Stanley Latek -

Hearing mandatory. No action taken.

98-123

People of the State of Illinois v. Gilster Mary Lee

Corporation - Hearing mandatory. No action taken.

98-124

Illinois State Toll Highway Authority v. IEPA -

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

time to file an underground storage tank appeal on behalf

of a Cook County facility.

98-125

Illinois State Toll Highway Authority v. IEPA -

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

time to file an underground storage tank appeal on behalf

of a Cook County facility.

PCB 98-126

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 NPDES Permit No.

IL0029343 and in 35 Ill. Adm. Code 305.102(b) and

304.141.

AC 98-23

- IEPA v. Pike County Landfill, Inc. and Tom

Weaver -The Board accepted an administrative citation

against these Pike County respondents.

AC 98-24

IEPA v. City of Mound City - The Board

accepted an administrative citation against this Pulaski

County respondent.

1(:?&$6(6????????

98-127

People of the State of Illinois v. Horsehead

Resource Development Company, Inc. - Upon receipt of a

proposed stipulation and settlement agreement and an

agreed motion to request relief from the hearing require-

ment in this water enforcement action against a Lee

County facility, the Board ordered publication of the

required newspaper notice.

98-128

SSCI Joint Venture and the Coca Cola 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 Cook County facility.

98-129

People of the State of Illinois v. Heartland Pork

Enterpriises, Inc. - Upon receipt of a proposed stipulation

and settlement agreement and an agreed motion to request

relief from the hearing requirement in this water enforce-

ment action against an Edgar County facility, the Board

ordered publication of the required newspaper notice.

98-130

Glister-Mary Lee Corporation v. IEPA - The

Board accepted for hearing this appeal of an underground

storage tank decision involving a Randolph County

facility.

98-131

Glister-Mary Lee Corporation v. IEPA - The

Board accepted for hearing this appeal of an underground

storage tank decision involving a Randolph County

facility.

98-132

Illinois State Toll Highway Authority v. IEPA -

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

time to file an underground storage tank appeal on behalf

of a Cook County facility.

98-133

Illinois State Toll Highway Authority v. IEPA -

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

time to file an underground storage tank appeal on behalf

of a Cook County facility.

98-134

Illinois State Toll Highway Authority v. IEPA -

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

time to file an underground storage tank appeal on behalf

of a Cook County facility.

98-135

Illinois State Toll Highway Authority 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 Lake County facility.

98-136

Illinois State Toll Highway Authority v. IEPA -

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

time to file an underground storage tank appeal on behalf

of a Cook County facility.

98-137

Illinois State Toll Highway Authority v. IEPA -

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

time to file an underground storage tank appeal on behalf

of a Cook County facility.

98-138

Illinois State Toll Highway Authority v. IEPA -

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

time to file an underground storage tank appeal on behalf

of a Cook County facility.

98-139

Illinois State Toll Highway Authority v. IEPA -

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

time to file an underground storage tank appeal on behalf

of a Cook County facility.

98-140

Rock Valley Oil & Chemical Company, Inc. v..

Office of the State Fire Marshal - The Board accepted for

hearing this appeal of an underground storage tank

decision involving a Winnebago County facility.

AC 98-25

IEPA v. Melvin C. Dyer - The Board accepted

an administrative citation against this Coles County

respondent.

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#RTKN???????????????????????????????????????????????'08+410/??'06#.?4')+56'4?0Q?????

??

%#.'0&#4?1(?/''6+0)5

Date &

Time

Docket

Number

Case Name Location of Hearing

5/1/98

11:00am

R 98-28 In the Matter of: Municipal Solid Waste

Landfills-Non-Methane Organic Compounds 35

Ill. Adm. Code 201.103, 201.146, and Part 220

James R. Thompson Center, 100 West

Randolph Street, Room 9-031, Chicago, IL

5/4/98

10:00am

R 97-16 In the Matter of: Proportionate Share Liability

County Building, County Board Chambers,

200 South 9

th

Street, 2

nd

Floor, Springfield,

IL

5/7/98

10:30am

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

Randolph Street, Suite 9-040, Chicago,

IL

5/12/98

9:30am

PCB-98-81 Charter Hall Homeowner’s Association and Jeff

Cohen v. Overland Transportation System, Inc.

and D. P. Cartage, Inc.

James R. Thompson Center, 100 West

Randolph Street, Room 8-032, Chicago, IL

5/12/98

10:00am

R 97-16 In the Matter of: Proportionate Share Liability

State of Illinois Building, 160 North LaSalle

Street, Room C-500, Chicago, IL

5/13/98

9:30am

PCB-98-81 Charter Hall Homeowner’s Association and Jeff

Cohen v. Overland Transportation System, Inc.

and D.P. Cartage, Inc.

James R. Thompson Center, 100 West

Randolph Street, Room 8-032, Chicago, IL

5/13/98

1:00pm

R 98-28 In the Matter of: Municipal Solid Waste

Landfills-Non-Methane Organic Compounds 35

Ill. Adm. Code 201.103, 201.146, and Part 220

Sangamon County Building, County Board

Chambers, 200 South 9

th

Street, Room 201,

Springfield, IL

5/14/98

9:30am

PCB 98-81 Charter Hall Homeowner’s Association and Jeff

Cohen v. Overland Transportation System, Inc.

and D.P. Cartage, Inc.

James R. Thompson Center, 100 West

Randolph Street, Room 8-032, Chicago, IL

5/21/98

10:30am

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

Randolph Street, Suite 9-040, Chicago,

IL

5/21/98

1:30pm

R 98-28 In the Matter of: Municipal Solid Waste

Landfills-Non-Methane Organic Compounds 35

Ill. Adm. Code 201.103, 201.146, and Part 220

James R. Thompson Center, 100 West

Randolph Street, Room 9-031, Chicago, IL

5/27/98

10:00am

R 97-16 In the Matter of: Proportionate Share Liability

County Building, County Board Chambers,

200 South 9

th

Street, 2

nd

Floor, Springfield,

IL

6/3/98

11:00am

PCB 97-174 Bernice Loschen v. Grist Mill Confections, Inc.

Department of Human Services, 407 North

Franklin Street, Conference Room, Suite A,

Danville, IL

6/3/98

2:00pm

R 98-17 In the Matter of: Exemptions from Definitions of

VOM, USEPA Amendments (July 1, 1997

through April 9, 1998)

James R. Thompson Center, 100 West

Randolph Street, Room 9-034, Chicago, IL

6/4/98

10:30am

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

Randolph Street, Suite 9-040, Chicago,

IL

6/15/98

1:30pm

AS 94-18 In the Matter of: Petition of Central Can

Company for an Adjusted Standard from 35 Ill.

Adm. Code 218

James R. Thompson Center, 100 West

Randolph Street, Room 8-032, Chicago, IL

6/18/98

10:30am

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

Randolph Street, Suite 9-040, Chicago,

IL

---

??

Illinois Environmental Protection Agency

Division of Public Water Supplies

Restricted Status List -- Public Water Supplies

The Restricted Status List was developed to give additional notification to officials of public

water supplies which are in violation of 35 Ill. Adm. Code, Subtitle F: Public Water Supplies,

Chapter I or the Illinois Environmental Protection Act.

The Restricted Status List will include all Public Water Supplies for which the Agency has

information indicating a violation of any of the following requirements: Finished water quality

requirements of 35 Ill. Adm. Code, Part 604, Subparts B and C; maintenance of adequate pressure

on all parts of the distribution system under all conditions of demand; meeting raw water quan-

tity requirements of 35 Ill. Adm. Code 604.502; or maintenance of treatment facilities capable of

providing water "assuredly adequate in quantity" as required by Section 18 of the Illinois

Environmental Protection Act.

A public water supply on the Restricted Status List will not be issued permits for water main

extensions, except for certain limited situations, or unless the supply has been granted a

variance from the Illinois Pollution Control Board for the violation, or from permit issuance

requirements of Section 39 of the Act.

This list is continually being revised as new information becomes available, and therefore,

specific inquiries as to the status of any public water supply should be directed to the Division

of Public Water Supplies for final determination. This list reflects the status as of April 1,

1998.

* Indicates public water supplies which have been added to the list since the previous

publication.

RDS:sp/0046g/2

Illinois Environmental Protection Agency

Division of Public Water Supplies

Restricted Status List -- Public Water Supplies

April, 1998

EPA POP LISTING

NAME OF PUBLIC WATER SUPPLY/COUNTY/FACILITY #

RGN

NATURE OF PROBLEM

SERVED

DATE

Acorn Acres Sbdv (Lake Co - 0975020) 2 Inadequate Pres Tank 250 12/16/83

Alden Long Grove Nursing Center(Lake Co - 0971090) 2 Inadequate Pres Tank 204 06/15/93

Ashley (Washington Co - 1890100) 6 Trihalomethane 825 06/15/92

Bahl Wtr Corp (Jo Daviess Co - 0855200) 1 Inadequate Pres Storage 700 12/15/93

Bartmann Health Care Center (Logan Co-1075169) 5 Inadequate Pres Tank 93 12/16/83

Belmont-Highwood PWD (DuPage Co - 0435180) 2 Trichloroethylene 498 09/16/93

Benld (Macoupin Co - 1170050) 5 Trihalomethane 1,634 09/16/96

* Biggsville (Henderson Co - 0710050) 5 Adjusted Gross Alpha 350 03/15/98

Blue & Gold Hmownrs Assn (Winnebago Co - 2015250) 1 Inad Pres Tank & 170 06/17/83

Source of Supply

Blue Mound (Macon Co - 1150100) 4 Nitrate 1,165 03/15/97

Bonnie Lane Water Supply (Kendall Co - 0930010) 2 Inadequate Pres Tank 49 09/16/93

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#RTKN???????????????????????????????????????'08+410/'06#.?4')+56'4?0Q???????

??

Bradley Hts Sbdv (Winnebago Co - 2015050) 1 Inadequate Pres Tank 192 09/13/85

* Bryant (Fulton Co - 0570200) 5 Gross Alpha 310 03/15/98

Buck Lake Ests Sbdv (DeKalb Co - 0375100) 1 Inadequate Pres Tank 200 09/14/84

Buckingham (Kankakee Co - 0910250) 2 Inadequate Pres Tank 330 03/17/89

* Byron Woods Sbdv (Rock Island Co - 1610070) 1 Arsenic 150 03/15/98

Campus (Livingston Co - 1050050) 4 Inadequate Pres Tank 230 03/20/81

Carroll Hts Utl Cmpny (Carroll Co - 0155200) 1 Inadequate Pres Tank 80 03/20/81

Century Pines Apts (Carroll Co - 0150020) 1 Inadequate Pres Tank 50 12/14/90

Claremont Hls Sbdv (McHenry Co - 1115080) 2 Inadequate Pres Tank 330 03/15/96

Clearview Sbdv (Will Co - 1975360) 2 Inadequate Pres Tank 420 01/13/82

Coalton (Montgomery Co - 1350100) 5 Low System Pres 325 03/20/81

Coffeen (Montgomery Co - 1350150) 5 Trihalomethane 800 03/17/92

Community Srvc Corp (McHenry Co - 1115350) 2 Inadequate Pres Tank 750 09/16/83

Coulterville (Randolph Co - 1570150) 6 Trihalomethane 1,100 09/16/96

Coyne Cntr Coop (Rock Island Co - 1615150) 1 Inadequate Pres Tank 150 12/15/97

Cropsey Cmnty Wtr (McLean Co - 1135150) 4 Inadequate Pres Tank 60 03/20/81

Crystal Clear Wtr Cmpny (McHenry Co - 1115150) 2 Inadequate Pres Tank 900 09/16/88

Crystal Hts Assn (McHenry Co - 1115100) 2 Inadequate Pres Tank 93 06/17/96

Ctzns Liberty Ridge Dvn (DuPage Co - 0435650) 2 Iandequate Pres Tank 2,510 03/15/94

Ctzns Lombard Heights Dvn (DuPage Co - 0435700) 2 Inadequate Pres Tank 980 12/17/82

D and R Apts (Champaign Co - 0190030) 4 Inadequate Pres Tank 26 09/16/93

Deering Oaks Sbdv (McHenry Co - 1115200) 2 Inadequate Pres Tank 60 12/17/82

DeKalb Univ Dvl Corp (DeKalb Co - 0375148) 1 Inadequate Pres Tank 950 12/16/92

DeWitt Cnty NH (DeWitt Co - 0395129) 4 Inadequate Pres Tank 80 06/17/83

Dieterich (Effingham Co - 0490150) 4 Nitrite 568 12/16/96

DL Well Owners Assn (Lake Co - 0975380) 2 Inadequate Pres Tank 125 03/18/83

Dorchester (Macoupin Co - 1170250) 5 Trihalomethane 480 09/16/96

Dover (Bureau Co - 0110350) 1 Inadequate Pres Tank 200 05/25/81

Eagerville (Macoupin Co - 1170300) 5 Trihalomethane 187 09/16/96

East Moreland Wtr Assn (Will Co - 1975600) 2 Inadequate Pres Tank 753 03/20/81

East Moreland Wtr Corp (Will Co - 1975640) 2 Inadequate Pres Tank 135 03/15/96

Echo Lake Wtr Sys Block 7 (Lake Co - 0975820) 2 Inadequate Pres Tank 48 09/16/83

* Edelstein (Peoria Co - 1435150) 5 Adjusted Gross Alpha 125 03/15/98

Ellis Grove (Randolph Co - 1570200) 6 Trihalomethane 720 12/16/96

---

??

Elm Oak Mutual Wtr Syst (Lake Co - 0975736) 2 Inad Pres Tank 45 06/13/86

Emmett Utl Inc (McDonough Co - 1095200) 5 Inadequate Pres Tank 39 12/17/82

Evergreen Vlg Sbdv (Rock Island Co - 1615310 1 Inadequate Pres Tank 250 03/20/81

Fahnstock Court Sbdv (Peoria Co - 1435200) 5 Inadequate Pres Tank 30 05/25/81

Fair Acres Sbdv (Will Co - 1975680) 2 Inadequate Pres Tank 185 10/19/81

Forest Lake Addn (Lake Co - 0975500) 2 Inadequate Pres Tank 180 12/16/83

Frwrd-Skyline Cpy (Kane Co - 0895030) 2 Inadequate Pres Tank 1,300 09/19/86

Garden Street Imprv Assn (Will Co - 1975376) 2 Inadequate Pres Tank 62 09/15/89

* Gardner (Grundy Co - 0630400) 2 Adjusted Gross Alpha 1,450 03/15/98

Glasford (Peoria Co - 1430350) 5 Adjusted Gross Alpha 1,115 12/15/97

Glenkirk Campus North (Lake Co - 0977189) 2 Inadequate Pres Tank 64 06/15/88

Glenkirk Campus South (Lake Co - 0977199) 2 Inadequate Pres Tank 36 06/15/88

Good Shepherd Mnr (Kankakee Co - 0915189) 2 Inadequate Pres Tank 140 03/17/89

Great Oaks&Beacon Hls Apts(Winnebago Co-2015488) 1 Inadequate Pres Tank 943 12/17/82

Hawthorn Woods (Lake Co - 0970450) 2 Inadequate Pres Tank 800 03/15/95

Hazelwood 1st Addn Well 2 (Henry Co - 0735446) 1 Inadequate Pres Tank 32 09/17/82

Heatherfield Sbdv (Grundy Co - 0635150) 2 Inadequate Pres Tank 91 09/17/82

Highland Lake Sbdv (Lake Co - 0975750) 2 Inadequate Pres Tank 294 03/20/81

Highland Sbdv (Kane Co - 0895530) 2 Inadequate Pres Tank 50 09/16/83

Hillview Sbdv (Will Co - 1975800) 2 Inadequate Pres Tank 99 03/15/85

Hull (Pike Co - 1490350) 5 Tetrachloroethylene 529 03/15/97

Huntley Cmnty Sbdv (Will Co - 1975840) 2 Inadequate Pres Tank 48 03/16/84

* Hutsonville (Crawford Co - 0330100) 4 Nitrate 650 03/15/98

Ingalls Pk Sbdv (Will Co - 1975880) 2 Inadequate Pres Tank 690 09/16/83

Island Lake Wtr Cmpny (Lake Co - 0975080) 2 Iron 2,250 06/15/90

 

Joy (Mercer County - 1310100) 1 Inadequate Source 495 09/16/96

* Kaho PWD (Macoupin Co - 1170030) 5 Trihalomethane 847 03/15/98

* Knoxville (Knox Co - 0950300) 5 Adjusted Gross Alpha 3,243 03/15/98

Lake Lynwood Wtr Sys (Henry Co - 0735330) 1 Inadequate Pres Tank 98 08/31/81

Lakeview Sbdv (Whiteside Co - 1955150) 1 Inadequate Pres Tank 146 03/20/81

Lakewood Wtr Sys (Lake Co - 0975400) 2 Inadequate Pres Tank 49 12/16/83

Larchmont Sbdv (Winnebago Co - 2015290) 1 Inadequate Pres Tank 106 06/17/83

Larson Court Rentals (Rock Island Co - 1615728) 1 Inadequate Pres Tank 48 01/14/82

Legend Lakes Wtr Assn (Winnebago Co - 2015300) 1 Inadequate Pres Tank 225 03/14/91

Lemon Street Wl Cmpny Inc (Rock Island Co-1615550) 1 Inadequate Pres Tank 470 03/20/81

Liberty Park Homeowners Assn (DuPage Co - 0435600) 2 Inadequate Pres Tank 1,092 09/17/92

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#RTKN???????????????????????????????????????'08+410/'06#.?4')+56'4?0Q???????

??

Lindenwood Wtr Assn (Ogle Co - 1415300) 1 Inadequate Pres Tank 50 01/13/82

Lisbon North Inc (Grundy Co - 0631000) 2 Inadequate Pres Tank 30 09/14/90

* Little Swan Lake Sndst (Warren Co - 1875050) 5 Inad Hydropneumatic Storage 250 03/15/98

London Mills (Fulton Co - 0574620) 5 Inadequate Pres Tank 670 12/14/84

Lynn Cntr (Henry Co - 0735100) 1 Inadequate Pres Tank 147 03/15/95

Lynnwood Water Corp (LaSalle Co - 0995336) 1 Inadequate Pres Tank 114 03/18/83

M C L W Sys Inc (Mercer Co - 1315150) 1 Inadequate Source 100 03/20/81

Maple Hill Imprv Assn (DuPage Co - 0435800) 2 Inad Pres Tank & 234 08/31/81

Trichloroethylene

Maple Leaf Ests Wtr Corp (Monroe Co - 1335100) 6 Inadequate Pres Tank 39 03/20/81

* Mapleton (Peoria Co - 1430500) 5 Adjusted Gross Alpha 350 03/15/98

* Mark (Putnam Co - 1550250) 1 Gross Alpha 400 03/15/98

Mayfair Sbdv (Tazewell Co - 1795750) 5 Inadequate Pres Tank 150 03/16/90

McHenry Shores (McHenry Co - 1115020) 2 Iron 1,460 06/13/97

Mound PWD (St Clair Co - 1635050) 6 Inadequate Plant Capacity 1,800 06/17/96

Mount Clare (Macoupin Co - 1170650) 5 Trihalomethane 297 09/16/96

Mount Gilead Shlcrhm (Greene Co - 0615129) 6 Inadequate Pres Tank 28 09/16/83

Northside Peterson Wlfnd (DuPage Co - 0435866) 2 Inadequate Pres Tank 30 12/15/89j

Northwest Belmont Imprv Assn (DuPage Co - 0435900) 2 Inadequate Pres Tank 115 09/29/81

Oak Ridge Sndst (Woodford Co - 2035300) 1 Inadequate Pres Tank 240 03/20/81

Oakview Avenue Wtrwks Inc (Will Co - 1977210) 2 Inadequate Pres Tank 350 03/20/81

Olivet Nazarene College (Kankakee Co - 0915279) 2 Inadequate Pres Tank 1,450 03/15/94

Opheim PWS (Henry Co - 0735150) 1 Inadequate Pres Tank 150 06/18/82

Osco Mutual Wtr Supply Cpy Inc (Henry Co-0735200) 1 Inadequate Pres Tank 115 12/15/89

Park Crest Wtr Cmpny (Stephenson Co - 1775100) 1 Inadequate Pres Tank 1,200 09/14/84

Park Road Wtr Assn (Will Co - 1977330) 2 Inadequate Pres Tank 60 12/17/82

Park View Wtr Corp (Kane Co - 0895500) 2 Inadequate Pres Tank 150 12/17/82

Patoka (Marion Co - 1210400) 6 Inadequate Plant Capacity 731 03/15/97

Peru (LaSalle Co - 0990850) 1 Inadequate Treatment Plant10,886 09/15/97

Polo Dr & Saddle Rd Sbdv (DuPage Co - 0437000) 2 Inadequate Pres Tank 95 12/17/82

Prairie Ridge Assn (McHenry Co - 1115730) 2 Inadequate Pres Tank 140 03/16/90

Prairie View Wtr Assn (Tazewell Co - 1795900) 5 Inadequate Pres Tank 55 03/20/81

Princeville (Peoria Co - 1430750) 5 Adjusted Gross Alpha 1,815 12/15/97

Ridgecrest North Sbdv (Grundy Co - 0635250) 2 Inadequate Pres Tank 85 09/16/93

Ridgewood Ledges Wtr Assoc(Rock Island Co-1615670) 1 Inadequate Pres Tank 475 03/20/81

---

??

Ridgewood Sbdv (Will Co - 1977650) 2 Inadequate Pres Tank 315 06/18/82

Save Site (St Clair Co - 1635289) 6 Trihalomethane 375 06/15/92

Sbdv Wtr Trust No 1 (Kane Co - 0895300) 2 Inadequate Pres Tank 1,120 03/20/81

Scribner Street Sbdv (Will Co - 1977660) 2 Inadequate Pres Tank 50 03/18/83

Shawnita Trc Wtr Assn (Will Co - 1977690) 2 Inadequate Pres Tank 125 09/17/92

Shipman (Macoupin Co - 1170950) 5 Trihalomethane 675 12/16/96

Silvis Heights Wtr Corp (Rock Island Co - 1615750) 1 Inadequate Pres Tank 1,680 03/20/82

Skyview Estates (Kankakee Co - 0915526) 2 Inadequate Pres Tank 65 09/14/84

Sorento (Bond Co - 0050300) 6 Trihalomethane 750 09/16/96

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??

Spring Creek Wtr Assn (Macoupin Co - 1175450) 5 Trihalomethane 60

09/16/96

St Charles Cmsn Wlfnd 3 (DuPage Co - 0437040) 2 Inadequate Pres Tank 30

12/15/89

Staunton Res Rd Wtr (Macoupin Co - 1175250) 5 Trihalomethane 70

12/16/96

Sturm Sbdv (Lake Co - 0977010) 2 Inadequate Pres Tank 63

03/16/84

Suburban Heights Sbdv (Rock Island Co - 1615800) 1 Inadequate Pres Tank 114

12/16/83

Summit Homeowners Assn (Lake Co - 0975280) 2 Inadequate Pres Tank 48

03/16/84

Sunnyland Sbdv (Will Co - 1977730) 2 Inadequate Pres Tank 350

09/16/83

Swedona Wtr Assn (Mercer Co - 1315200) 1 Inadequate Pres Tank 100

06/15/90

Sylvan Lake 1st Sbdv (Lake Co - 0977100) 2 Inadequate Pres Tank 210

06/14/91

Tindalls 3rd & 6th Addn (Rock Island Co - 1617376) 1 Inadequate Pres Tank 28

06/18/82

Towners Sbdv (Lake Co - 0977250) 2 Inadequate Pres Tank 238

01/14/82

Trivoli PWD (Peoria Co - 1435510) 5 Inadequate Pres Tank 350

06/17/83

Turkey Hollow Well Corp (Rock Island Co - 1615686) 1 Inadequate Pres Tank 32

06/18/82

Utl Inc Clarendon Wtr Cmpny (DuPage Co - 0435300) 2 Inadequate Pres Tank 1,953

03/20/81

Utl Inc Northern Hls Utl Co(Stephenson Co-1775050) 1 Inadequate Pres Tank 290

03/15/96

Utl Inc Walk-Up Woods Wtr Co(McHenry Co - 1115800) 2 Inadequate Pres Tank 763

12/17/82

Wermes Sbdv (Kane Co - 0895750) 2 Inadequate Pres Tank 150

12/16/88

West Shoreland Sbdv (Lake Co - 0977050) 2 Inadequate Pres Tank 220

06/14/91

Westfield (Clark Co - 0230200) 4 Inadequate Water Source 700

06/15/93

White City (Macoupin Co - 1171150) 5 Trihalomethane 280

12/16/96

White Hall (Greene Co - 0610400) 6 Trihalomethane 2,950

03/15/97

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Wienen Estates (Jo Daviess Co - 0850030) 1 Inadequate Pres Tank 70

12/15/97

Wilsonville (Macoupin Co - 1171200) 5 Trihalomethane 609

09/16/96

Wonder Lake Wtr Cmpny (McHenry Co - 1115750) 2 Inadequate Pres Tank 1,161

06/16/94

Woodland Hts Ests Sbdv (Peoria Co - 1435760) 5 Inadequate Pres Tank 245

03/20/81

Woodsmoke Ranch Assn (LaSalle Co - 0990030) 1 Inad Pres Tank 350

06/15/90

* Yates City (Knox Co - 0950700) 5 Adjusted Gross Alpha 850

03/15/98

York Cntr Coop (DuPage Co - 0437550) 2 Inadequate Pres Tank 240

06/15/88

2nd Street Wtr Assn (Lake Co - 0971140) 2 Indaquate Pres Tank 33

12/15/95

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??

PUBLIC WATER SUPPLIES REMOVED FROM PREVIOUS LIST

Blandinsville (McDonough Co - 1090100) Galena Knolls Sbdv (Peoria Co - 1435300)

Breezeway Sbdv (Tazewell Co - 1795150) Gillespie (Macoupin Co - 1170400)

Briar Garden Apts (Winnebago Co - 2015190) Hettick (Macoupin Co - 1170500)

Cherry View Apts (Winnebago Co - 2015278) Rome Farms #9 (Peoria Co - 1435500)

Ctzns Marina Village (Kendall Co - 0935100) Vet's Place Sbdv (Peoria Co - 1435650)

Fairview (Fulton Co - 0570450) Warsaw (Hancock Co - 0670650)

Flat Rock (Crawford Co - 0330050)

 

Illinois Environmental Protection Agency

Division of Public Water Supplies

Critical Review List -- Public Water Supplies

The Critical Review List was developed to give additional notification to officials of public water

supplies which may be close to being in violation of 35 Ill. Adm. Code, Subtitle F: Public Water

Supplies, Chapter I or the Illinois Environmental Protection Act.

A supply will be placed on the Critical Review List when Agency records indicate that it is approaching

any of the violations which would place it on the Restricted Status List.

This list is continually being revised as new information becomes available, and therefore, specific

inquiries as to the status of any public water supply should be directed to the Division of Public Water

Supplies for final determination. This list reflects the status as of April 1, 1998.

* Indicates public water supplies which have been added to the list since the previous publication.

RDS:sp/0046g/4

EPA POP LISTING

NAME OF PUBLIC WATER SUPPLY/COUNTY/FACILITY #

RGN NATURE OF PROBLEM

SERVED DATE

Albers (Clinton Co - 0270050) 6 Inadequate Plant Capacity 850

03/15/96

* Bayles Lake Lot Owners Assn (Iroquois Co - 0755110) 4 Inad Hydropneumatic Storage 442

03/15/98

Baylis (Pike Co - 1490100) 5 Source Capacity 300

09/13/85

Bluford (Jefferson Co - 0810100) 7 Low System Pressure 465

03/20/81

* Browning (Schuyler Co - 1690050) 5 Inadequate Source 495

03/15/98

Ctzns Chickasaw Hills Div (Will Co - 1975320) 2 Low System Pressure 7,700

09/17/92

Clinton (DeWitt Co - 0390050) 4 Inad Plant Capacity 7,437

06/14/91

* Columbia (Monroe Co - 1330050) 6 Inad Pumping Capacity 5,893

03/15/98

DePue (Bureau Co - 0110300) 1 Inad Treatment Plant 1,930

12/15/93

Dieterich (Effingham Co - 0490150) 4 Inadequate Source 568

03/15/94

Edwardsville (Madison Co - 1190250) 6 Inad Treatment Plant 30,581

12/15/93

---

Evansville (Randolph Co - 1570250) 6 Low System Pressure 1,838

05/25/81

Georgetown (Vermilion Co - 1830350) 4 Inadequate Water Plant 3,678

06/15/93

Hardin (Calhoun Co - 0130200) 6 Low System Pressure 1,175

11/25/81

Highland Hills Sndst (DuPage Co - 0435560) 2 Inadequate Pres Tank 1,100

09/17/92

Homer (Champaign Co - 0190300) 4 Inadequate Source 1,300

03/15/94

Kincaid (Christian Co - 0210250) 5 Plant Capacity 2,640

06/14/85

* Lee (Lee Co - 1034600) 1 Inad Hydropneumatic Storage 350

03/15/98

McHenry Shores Wtr Cmpny (McHenry Co - 1115020) 2 Low System Pressure 1,170

09/17/92

* Mechanicsburg Buffalo Wtr (Sangamon Co - 1675150) 5 Inadequate Source 1,030

03/15/98

Pearl (Pike Co - 1490650) 5 Inadequate Pres Tank 322

09/17/82

Pecatonica (Winnebago Co - 2010250) 1 Low System Pressure 1,830

06/15/90

Scales Mound (Jo Daviess Co - 0850400) 1 Low System Pressure 400

09/15/97

South Highway PWD (Jackson Co - 0775400) 7 Low System Pressure 8,189

06/15/92

Stockton (Jo Daviess Co - 0850450) 1 Low System Pressure 1,900

06/15/84

Sumner (Lawrence Co - 1010300) 7 Low System Pressure 1,553

12/13/85

Taylor Springs (Montgomery Co - 1350650) 5 Low System Pressure 650

02/20/81

Tower Ridge Sbdv (Rock Island Co - 1615780) 1 Inadequate Pres Tank 70

03/15/94

Utl Inc Lake Marian Wtr Corp (Kane Co - 0895200) 2 Low Sys Pres & 800

09/14/84

Inad Pres Storage

Walnut Hill (Marion Co - 1210600) 6 Low System Pressure 1,200

06/14/85

West Liberty-Dundas Wtr Dst (Richland Co-1595050) 7 Low System Pressure 693

12/14/84

& Inadequate Source

Wonder Lake Wtr Cmpny (McHenry Co - 1115750) 2 Inadequate Storage 1,080

12/14/90

PUBLIC WATER SUPPLIES REMOVED FROM PREVIOUS LIST

---

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None

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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