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Board Adopts Order Modifying
Opinion in In the Matter of:
Major Stationary Sources
Construction and Modification
(New Source Review Rules):
Amendments to 35 Ill. Adm.
Code 203, R98-10
On May 7, 1998, the Board
adopted an order modifying the
opinion in this docket, R98-10,
which was adopted for final notice
publication in the
Illinois Register
on March 5, 1998. On April 9,
1998, the Illinois Environmental
Protection Agency, the Illinois
Environmental Regulatory Group,
and the Emissions Reduction
Market System (ERMS) Coalition
jointly moved the Board to strike
footnote 6 from its final order.
That footnote stated in part: “[t]he
Board notes that the proposed (New
Source Review Rules) NSR
amendments would apply prospec-
tively only.” No one opposed this
motion. The Board noted that it
would amend the final March 5,
1998, order to reflect this revision.
See In the Matter of: Major
Stationary Sources Construction
and Modification (New Source
Review Rules): Amendments to 35
Ill. Adm. Code 203 (March 5,
1998), R98-10.
?
(Rulemaking Update Cont’d on p.2)
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nited States Environmental Protection Agency Adopts Final Rule
Delaying Implementation Date in Enhanced Inspection and Mainte-
nance Program - On-Board Diagnostic Checks
On May 4, 1998, the United States Environmental Protection Agency
(USEPA) revised the federal vehicle inspection and maintenance (I/M) rules
relating to the implementation deadline by which states are required to begin on-
board diagnostic (OBD) checks as a routine part of basic and enhanced I/M
programs. 63 Fed. Reg. 24429 (May 4, 1998). USEPA noted that this final rule
delays to January 1, 2001, the required implementation date for OBD in basic
and enhanced I/M program areas. During this time, USEPA indicated that it
would generate, collect, and analyze the data necessary to accord OBD checks
the appropriate level of emission reduction credits. This delayed implementation
date was included by the Board in its second notice opinion and order in In the
Matter of: Enhanced Vehicle Inspection and Maintenance Regulations:
Amendments to 35 Ill. Adm. Code 240, R98-24 (May 24, 1998).
(See Rulemaking Update, this issue.)
?
nited States Environmental Protection Agency Proposes Revisions to
Safe Drinking Water Act Regulations Regarding Variances and
Exemptions
On April 20, 1998, the United States Environmental Protection Agency
(USEPA) proposed revisions to the existing regulations regarding Safe Drinking
Water Act variances and exemptions. 63 Fed. Reg. 19438 (April 20, 1998).
These revisions are based on the 1996 Safe Drinking Water Act Amendments
(SDWA Amendments) (42 U.S.C. § 300f
et seq.
(1996)). The SDWA Amend-
ments created a new Subpart K, which describes procedures and conditions
(Federal Actions Cont’d on p. 5)
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oard Adopts for Second Notice Site-Specific Air
Regulation in In the Matter of: Petition of W.R.
Grace & Company - Connecticut and the Illinois
Environmental Protection Agency for Site-Specific Air
Regulation: 35 Ill. Adm. Code 218.940(h), R98-16
On May 7, 1998, the Board adopted for second notice
review by the Joint Committee on Administrative Rules a
site-specific air regulation in docket R98-16. On Novem-
ber 19, 1998, W.R. Grace & Company - Connecticut
(Grace) and the Illinois Environmental Protection Agency
(IEPA), pursuant to Section 27 of the Environmental
Protection Act (Act) (415 ILCS 5/27 (1996)), filed a joint
proposal for site-specific rulemaking. The second notice
opinion and order grants the parties’ request to add a site-
specific air regulation for Grace’s facility at Subpart QQ
of 35 Ill. Adm. Code 218, specifically at Section
218.940(h).
A hearing in this matter was held on January 8, 1998,
and continued on the record until January 21, 1998. An
additional hearing was held on March 30, 1998, on the
single issue of the decision of the Illinois Department of
Commerce and Community Affairs not to conduct an
Economic Impact Study in connection with this rulemak-
ing.
Any questions regarding this site-specific regulation
may be directed to John Knittle at 312/814-3473; e-mail
address: jknittle@pcb084r1.state.il.us
?
oard Adopts Adjusted Standard in In the Matter
of: Petition of the Louis Berkman Company, d/b/a
The Swenson Spreader Company, for an Adjusted
Standard from 35 Ill. Adm. Code 215.Subpart F, AS
97-5
On May 7, 1998, the Board adopted an order granting
petitioner, Louis Berkman Company d/b/a Swenson
Spreader Company (Swenson) an adjusted standard from
the Board’s air regulations found at 35 Ill. Adm. Code
215.204(j)(2). The adjusted standard will terminate on
May 7, 2008. In an interim opinion and order dated
December 4, 1997, the Board considered the Swenson’s
petition for an adjusted standard. At that time, the Board
determined that Swenson was entitled to an adjusted
standard and directed Swenson to file a compliance plan
for the adjusted standard. Upon reviewing the compliance
plan, the Board granted Swenson the adjusted
standard subject to conditions set forth in the Board’s
order.
Please direct any questions regarding this matter to
Richard McGill at 312/814-6983, e-mail address:
rmcgill@pcb084r1.state.il.us
?
oard Adopts Dismissal Order in In the Matter of:
Petition of the Metropolitan Water Reclamation
District of Greater Chicago for Adjusted Standard
from 35 Ill. Adm. Code 811, 812, and 817 (Sludge
Application), AS 98-5
On May 7, 1998, the Board adopted an order dismiss-
ing the petition for adjusted standard from the Board’s
landfill regulations filed by the Metropolitan Water
Reclamation District of Great Chicago (District). The
District filed the petition for adjusted standard on March
8, 1998. On April 1, 1998, the Illinois Environmental
Protection Agency (IEPA) filed a motion to dismiss,
arguing the relief sought by the District is not suitable for
an adjusted standard because it is not seeking an adjusted
standard from the rule of general applicability. On April
8, 1998, the District responded to the IEPA’s motion to
dismiss, arguing that it believes it is seeking relief that is
already been granted (see Petition of the Metropolitan
Water Reclamation District of Greater Chicago for
Adjusted Standard from 35 Ill. Adm. Code 811, 812, and
817 (Sludge Application) (August 24, 1995), AS 95-4).
Therefore, the District argued its petition was duplicative
and this matter should be dismissed. The Board agreed
with the District, finding that the District’s petition was
duplicative.
Any questions regarding this matter may be directed to
Marie Tipsord at 312/814-4925; e-mail address: mtip-
sord@pcb084r1.state.il.us
?
oard Adopts First Notice Proposal in In the
Matter of: Livestock Waste Regulations: 35 Ill.
Adm. Code 506, R97-15(B)
The proposed rules require lagoon owners to have
financial assurance in place either within 180 days of the
effective date of the proposed rules or before the lagoon is
%
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On May 21, 1998, the Board proposed for first notice
publication in the
Illinois Register
amendments to 35 Ill.
Adm. Code 506, Livestock Waste Regulations
.
The
amendments address issues concerning a facility’s proving
its ability to pay, also known as financial assurance for
lagoon closure, as required under Section 17 of the
Livestock Management Facilities Act (510 ILCS 77/17
(1998)).
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?
placed in service, whichever is later. Financial Assurance
can be accomplished by posting a bond, guarantee,
commercial or private insurance, letter of credit, or other
“surety instrument” with a financial institution such as a
bank. Financial assurance can also be established by
participating in a livestock waste lagoon closure fund
managed by the Illinois Farm Development Authority.
The proposed rules also set forth criteria for each of the
six surety instruments, as well as the procedures under
which such instruments are drawn. The initial term of the
surety instrument must be at least three years, and the term
of coverage may never be less than two years. This
requirement is to ensure that the lagoon can be closed
within the statutory time period (see 501 ILCS 77/15(e)
(1998)).
The proposed rules also include conditions under
which a lagoon is considered removed from service.
Removal from service triggers the lagoon owner’s
obligation to submit a closure plan to the Department of
Agriculture (Department). The proposed rules provide
that surety liability is triggered if an owner fails to follow
an approved closure plan and does not cure noncompli-
ance within 30 days of notice from the Department. Once
surety liability is triggered, the Department sends a notice
to the financial institution, which must then deposit the
proceeds of the surety instrument in an account upon
which the Department is authorized to draw for lagoon
closure. The Department uses the proceeds to close the
lagoon. Alternatively, the financial institution may
assume liability for lagoon closure itself.
The Board held hearings in Chicago on October 14,
1997, and in Springfield on October 21, 1997. Nine
public comments were filed with the Board. Upon
publication of the proposed rules in the
Illinois Register
, a
45-day public comment period will commence. Interested
persons may submit comments to the attention of the
Clerk of the Board.
Any 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 In the
Matter of: Enhanced Vehicle Inspection and
Maintenance Regulations: Amendments to 35 Ill.
Adm. Code 240, R98-24
On May 21, 1998, the Board voted to submit amend-
ments to 35 Ill. Adm. Code 240, Enhanced Vehicle
Inspection and Maintenance (I/M) Regulations for second
notice review by the Joint Committee on Administrative
Rules. The amendments are required by Sections 182(b)
and (c) of the federal Clean Air Act Amendments
(CAAA), (42 U.S.C. §§ 7582(b), (c) (1990)) and by the
Vehicle Emissions Inspection Law, (625 ILCS 5/13B-5
(1996)). The CAAA require the use of I/M programs in
areas that do not meet the National Ambient Air Quality
Standards for ozone or carbon monoxide. In Illinois, the
Chicago and Metro-East St. Louis areas are classified as
“severe” and “moderate” nonattainment areas for ozone.
Pursuant to Section 5/13B-5 of the Vehicle Emissions
Inspection Law (625 ILCS 5/13B-5 (1996)), Chicago and
Metro-East St. Louis are subject to these I/M regulations.
In 1994, the Board adopted the bulk of the I/M standards
necessary for implementation of the I/M program (see
R94-19, 18 Ill. Reg. 18228 (December 14, 1994) and
R94-20, 18 Ill. Reg. 18013 (December 12, 1994)).
The adoption by the Board of these proposed amend-
ments is authorized under Section 28.5 of the Environ-
mental Protection Act (Act), (415 ILCS 5/28.5 (1996)).
The Board found that as the federal Clean Air Act
requires the Board to adopt the amendments, the amend-
ments shall be adopted in accordance with the Section
28.5 rulemaking procedures. The Board adopted the
proposal for first notice publication in the
Illinois Register
on January 22, 1998. See 22 Ill. Reg. 2720 (February 6,
1998). On March 17, 1997, the Board held one hearing
on the merits of the proposal. The Board received three
public filings in this proceeding.
The proposed rules contain clarifications and modifi-
cations to existing standards, and new standards for the
remaining portions of the enhanced I/M testing program.
More specifically, the proposed amendments replace the
current evaporative system testing program (which uses a
pressure test and a purge test to test the entire system’s
integrity) with a fuel cap only inspection. The proposed
rules also add fast-pass standards to allow vehicles
undergoing I/M 240 exhaust emissions tests to be tested
more quickly. Further, the proposed rules add standards
for the required on-road sensing test. Finally, the
proposed rules add a program for on-board diagnostic
testing that will become mandatory on January 1, 2001,
consistent with very recent federal action. See 63 Fed.
Reg. 24429 (May 4, 1998).
Please direct any questions regarding this rulemaking
to Amy Muran Felton at 312/814-7011; e-mail address:
amuranfe@pcb084r1.state.il.us
?
oard Adopts Second Notice Proposal in In the
Matter of: Municipal Solid Waste Landfill
(MSWLF) Rules: Amendments to 35 Ill. Adm.
Code 811, 813, and 848, R98-9
On May 21, 1998, the Board adopted amendments to
the MSWLF rules, 35 Ill. Adm. Code 811, 813, and 848,
for second notice review by the Joint Committee on
Administrative Rules. On August 11, 1997, the Illinois
Environmental Protection Agency and the National Solid
Waste Management Association (collectively, proponents)
filed a joint proposal for amendments to 35 Ill. Adm.
Code 811, 813, and 848. On August 21, 1997, the Board
accepted the proposal for public comment and added 35
Ill. Adm. Code 848.104 to the proposal for public
%
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comment. On October 27, 1997, and November 19, 1997,
the Board held hearings in this matter. On February 5,
1998, the Board adopted for first notice publication in the
Illinois Register
a proposal for amendments to the Board’s
Municipal Solid Waste Landfill Rules, whereupon a 45-
day public comment period commenced. See 22 Ill. Reg.
4240, 4247, 4255 (February 27, 1998). Three public
comments were filed with the Board on the proposal.
In general, there are four reasons for the amendments
as proposed by the proponents: (1) to ease certain
requirements that drive up costs without commensurate
environmental benefit; (2) to modify or eliminate
requirements that the proponents believe are no longer
technically defensible; (3) to ensure uniformity in the
Board’s rules; and (4) to retain consistency between State
rules and the federal Resource Conservation and Recovery
Act Subtitle D program.
Please direct questions to Marie Tipsord at 312/814-
4925; e-mail address: mtipsord@pcb08r41.state.il.us
?
oard Adopts Proposal for Public Comment in In
Consolidated Resource Conservation and Recov-
ery Act and Underground Injection Control
Dockets, R97-21, R98-3, R98-5
On May 21, 1998, the Board adopted a proposal for
public comment in an identical-in-substance rulemaking
docket entitled In the Matter of: RCRA Update, USEPA
Regulations (July 1, 1996, through December 31, 1996),
UIC Update, USEPA Regulations (January 1, 1997,
through June 30, 1997), and RCRA Update, USEPA
Regulations (January 1, 1997, through June 30, 1997).
Pursuant to Sections 13(c) and 22.4(a) of the Envi-
ronmental Protection Act (Act) (415 ILCS 5/13(c),
22.4(a) (1996)), the Board proposed amendments that are
identical in substance to hazardous waste regulations
adopted by the United States Environmental Protection
Agency (USEPA) to implement Subtitle C of the federal
Resource Conservation and Recovery Act (RCRA), 42
U.S.C. §§ 6921
et seq.
(1996). See 61 Fed. Reg. 34521
(July 1, 1996); 61 Fed. Reg. 36419 (July 10, 1996); 61
Fed. Reg. 40520 (August 5, 1996); 61 Fed. Reg. 43927
(August 26, 1996); 61 Fed. Reg. 56631 (November 3,
1996); 61 Fed. Reg. 59931 (November 25, 1996); 62 Fed.
Reg. 1678 (January 13, 1997); 62 Fed. Reg. 1834
(January 14, 1997); 62 Fed. Reg. 1991 (January 14,
1997); 62 Fed. Reg. 6621 (February 12, 1997); 62 Fed.
Reg. 7502 (February 19, 1997); 62 Fed. Reg. 25998 (May
12, 1997); 62 Fed. Reg. 32452 (June 13, 1997); 62 Fed.
Reg. 32974 (June 17, 1997). The Board further proposed
amendments to the Illinois regulations that were identical
in substance to underground injection control regulations
adopted by USEPA to implement provisions of the Safe
Drinking Water Act, 42 U.S.C. § 300h
et seq.
(1996). See
62 Fed. Reg. 1834 (January 14, 1997); 62 Fed. Reg.
25998 (May 12 ,1997).
Upon publication of the proposal in the
Illinois Reg-
ister,
a 45-day public comment period will commence
during which interested persons may file public comments
with the Clerk of the Board.
Any questions regarding this rulemaking may be di-
rected to Michael McCambridge at 312/814-6924; e-mail
address: mmccambr@pcb084r1.state.il.us
?
oard Adopts First Notice Proposal in In the
Matter of: Petition of PDV Midwest Refining,
L.L.C. to 35 Ill. Adm. Code 304.213, R98-14
On May 21, 1998, the Board adopted for first notice
publication in the
Illinois Register
a site-specific amend-
ment to Section 304.213 of the Board’s effluent regula-
tions at the petition of PDV Midwest Refining, L.L.C.
(PDV). This site-specific rulemaking was initiated by a
petition filed by PDV on October 17, 1997. The proposal
would amend the Board’s effluent regulations to provide
site-specific rule ammonia nitrogen standards for PDV’s
discharge to the Chicago Sanitary and Ship Canal. The
proposal also grants PDV’s request that the change in
ownership from UNO-VEN to PDV be reflected. The
proposal also includes a sunset provision terminating the
site-specific rule on December 31, 2008.
Two hearings were held in this matter on March 6,
1998, in Joliet, Illinois, and on March 30, 1998, in
Springfield, solely on the decision of the Illinois Depart-
ment of Commerce and Community Affairs not to conduct
an Economic Impact Study in connection with this
rulemaking. No one testified at this hearing, and the
Board has not received any comments regarding an
Economic Impact Study concerning this matter. Upon
publication of the proposal in the
Illinois Register
, a 45-
day public comment period will commence. Interested
persons may filed public comments with the Clerk of the
Board.
Any questions regarding this rulemaking may be
directed to John Knittle at 312/814-3473; e-mail address:
jknittle@pcb084r1.state.il.us
?
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oard Accepts for Hearing a Proposal for Rule-
making in In the Matter of: Nonhazardous
Special Waste Hauling and the Uniform Program:
35 Ill. Adm. Code 809, R98-29
On May 21, 1998, the Board accepted for hearing the
proposal of the Illinois Environmental Protection Agency
(IEPA’s) for amendments to 35 Ill. Adm. Code 809. The
IEPA’s proposal indicates that the amendments are
necessary to comply with Senate Bill 378, which amended
Sections 22, 22.2, and 44 of the Illinois Environmental
Protection Act (415 ILCS 5/1
et seq.
(1996)). Senate Bill
378 requires the IEPA to implement the Uniform State
Hazardous Material Transportation Registration and
Permit Program. The Board anticipates scheduling at
least two hearings in this proceeding in the near future.
Comments regarding the proposed rulemaking may be
filed with the Clerk of the Board.
Any questions regarding this rulemaking may be
directed to John Knittle at 312/814-3473; e-mail address:
jknittle@pcb084r1.state.il.us
?
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under which a primacy state/tribe or the USEPA Admin-
istrator may issue small system variances to public water
systems serving less than 10,000 persons. This proposed
rulemaking is intended to provide regulatory relief to all
public water systems, particularly small water systems.
The proposed rule would also require the primacy
state/tribe to issue a proposed variance decision for
USEPA review within a 90-day period.
?
nited States Environmental Protection Agency
Issues Final Guidelines for Ecological Risk
Assessment
On May 14, 1998, the United States Environmental
Protection Agency published in final form a document
entitled “Guidelines for Ecological Risk Assessment”
(guidelines). 63 Fed. Reg. 26846 (May 14, 1998). The
guidelines were developed as part of an interoffice
program by a technical panel of the Risk Assessment
Forum. The guidelines are intended to improve the
quality of ecological risk assessments at USEPA while
increasing the consistency of assessments among
USEPA’s program offices and regions. The guidelines
expand upon and replace the previously-published
USEPA report “Framework for Ecological Risk Assess-
ment,” (February 1992), which proposed principles and
technologies for the ecological risk assessment process.
To obtain a copy of the guidelines, call 513/569-7562.
The guidelines are also available on the internet at:
http://www.epa.gov/ncea/
?
nited States Environmental Protection Agency
Revises Final Supplemental Environmental
Projects Policy For Use in Settling Enforcement
Actions
On May 5, 1998, the United States Environmental
Protection Agency (USEPA) issued a revised, final
USEPA Supplemental Environmental Projects (SEP)
Policy (policy). 63 Fed. Reg. 24796 (May 5, 1998). The
policy which applies to USEPA enforcement actions,
supersedes the May 1995 Interim Revised Supplemental
Environmental Projects Policy. In the final policy,
USEPA refined and clarified certain sections relating to
exercising its enforcement discretion to establish appro-
priate settlement penalties and SEP that secure environ-
mental and public health improvements. The policy
furthers USEPA’s goals to protect and enhance public
health and the environment by allowing a party to
negotiate SEP as part of a settlement agreement with
USEPA.
For further information contact: Ann Kline, 202/564-
0119.
?
nited States Environmental Protection Agency
Publishes Final Guidelines for Neurotoxicity Risk
Assessment
On May 14, 1998, the United States Environmental
Protection Agency published in final form a document
entitled “Guidelines for Neurotoxicity Risk Assessment”
(guidelines). 63 Fed. Reg. 26926 (May 14, 1998). The
guidelines were developed as part of an interoffice
guideline development program by a technical panel of
the Risk Assessment Forum. The guidelines are based, in
part, on recommendations derived from various scientific
meetings and workshops on neurotoxicology, from public
comments, and from recommendations of the Science
Advisory Board. The guidelines describe the scientific
basis for concern about exposure to agents that cause
neurotoxicity, and outline the general process for
assessing potential risk to humans because of environ-
mental contaminants
To obtain a copy of the guidelines, call 513/569-7561.
A copy can also be obtained on the internet at:
http://www.epa.gov.ncea/
?
nited States Environmental Protection Agency
Approves Two Illinois State Implementation Plan
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Revisions for Controlling Volatile Organic Material
from Wood Furniture Coatings Operations in Chicago
and Metro-East St. Louis
On May 19, 1998, the United States Environmental
Protection Agency (USEPA) approved a State Imple-
mentation Plan (SIP) revision for controlling Volatile
Organic Material (VOM) from wood furniture coating
operations in the Chicago and Metro-East St. Louis ozone
nonattainment areas of Illinois. 63 Fed. Reg. 27489 (May
19, 1998). Illinois submitted this SIP revision request to
USEPA on March 6, 1998. 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.
The SIP revision was submitted to meet the Clean Air Act
requirements for states to adopt Reasonably Available
Control Technology rules for sources that are covered by
Control Techniques Guideline documents. This rule-
making approves, through direct final action, Illinois’ SIP
revision request.
In addition, on May 19, 1998, the USEPA issued a
proposed rule approving an Illinois SIP revision for VOM
emission control rules for wood furniture coating
operations in the Chicago and Metro-East St. Louis ozone
nonattainment areas. 63 Fed. Reg. 27541 (May 19, 1998).
Illinois submitted this SIP revision request on March 5,
1998. USEPA is approving this SIP revision as a direct
final rule because USEPA views this action as noncontro-
versial and anticipates no adverse comments. USEPA
indicated that this direct final rule will become effective
without further notice unless USEPA receives relevant
adverse written comments on this proposed rule on or
before June 18, 1998. Comments regarding this proposed
regulation may be submitted to: J. Elmer Bortzer, Chief,
Regulation Development Section, Air Programs Branch
(AR-18), USEPA, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
The Board adopted these regulations in In the Matter
of: Wood Furniture Coating: Amendments to 35 Ill.
Adm. Code 211, 218, and 219, Subpart F, (January 22,
1998), R97-31.
?
nited States Environmental Protection Agency
Adopts Land Disposal Restrictions for Treatment
Standards for Metal-Bearing Wastes
On May 26, 1998, the United States Environmental
Protection Agency (USEPA) promulgated land disposal
restrictions treatment standards for metal-bearing wastes,
including toxicity characteristic metal wastes, and
hazardous wastes from mineral processing. 63 Fed.
28555 (May 26, 1998). The set standards being applied
to these wastes are the universal treatment standards.
These standards are based upon the performance of the
Best Demonstrated Available technologies for treating
these, or similar wastes. This rule also revises the
universal treatment standards for 12 metal constituents,
which means that listed and characteristic wastes con-
taining one or more of these constituents may have to
meet different standards than they current meet.
Moreover, USEPA amended the rules to define which
second materials from mineral processing are considered
to be wastes and potentially subject to Land Disposal
Restrictions. The intended effect is to encourage safe
recycling of mineral processing secondary materials by
reducing regulatory obstacles to recycling, while ensuring
that hazardous wastes are properly treated and disposed.
USEPA also finalized a decision to retain the Toxicity
Characteristic Leaching Procedure as the test for identi-
fying the toxicity characteristics for mineral processing
wastes. This final rule is effective on August 24, 1998.
The Board anticipates that these amendments will be
adopted in Illinois in an identical-in-substance Resource
Conservation and Recovery Act and an Underground
Injection Control Update.
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Fifth District Dismisses Appeal as Untimely Filed, Holding that Motion for Board Reconsidera-
tion Must be Filed Within 35 Days of Adoption of Board Order So As to Toll the 35 Day Appeal
Record to the Appellate Court.
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????? ?? ?????? ?????????? ?? ??????? ?? ?? ??? ???? ???
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???? ?? ????? ?????? ????? ?? ?????? ???? ??? ?????????
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?????? ??? ??????????????? ?????? ???? ????
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????? ???? ?? ???? ????? ?????? ?? ????? ??? ???? ??
????? ??? ????? ????? ?????????? ??? ????????? ???
???????? ??? ?? ???? ??????? ?? ????????? ??? ?????
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????????? ??? ????? ???? ? ????? ?? ??????? ?????
????????? ??? ????? ??? ??? ????? ?????????? ?? ??? ??
??? ??????? ?? ??? ?????? ??? ??????????????? ???
????????? ??? ???? ?? ????? ?? ???? ? ???????? ??? ??????
????????? ?????? ???? ??? ????????? ????? ??? ??? ???????
?????????? ??? ????? ????? ???? ??? ???????? ??? ????????
??????? ?????? ?? ??? ????????? ????? ??? ???? ?????????
?? ???????? ??? ????????? ??? ????? ????????? ????????
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?
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???????? ????? ????? ??????? ?? ??? ????? ?? ??? ??????
??????? ? ???????????????? ?? ????????? ???? ????????? ???
????? ?????? ?? ??? ????? ??????? ?? ??????? ???????
????? ?????? ???? ??? ?????? ?? ?????????? ?? ????? ??????
?? ???? ???? ??? ???????? ?? ??? ?????? ??? ?????
????????????? ??? ?????
?
? ????? ?? ??????? ???? ??? ?? ???
???????? ????? ????? ?? ???????? ????? ??????? ??? ???
???????????? ?? ??? ?????? ?????? ????? ??????? ?? ???
?????? ?????? ???? ??? ???? ?? ????????? ??? ?????????
????? ????? ???? ??????? ???????? ????????? ??? ?? ??? ????
???? ? ???????? ???? ?????? ?? ?????? ???? ?? ???????????
????? ?? ?? ???????? ????????
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?
7
'08+410/'06#.?4')+56'4?0Q?????
????????/C[?????
?
%2$5'?$&7,216???????
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 - The
Board granted the joint motion of the Emission Reduction Market System
Coalition, the Illinois Environmental Protection Agency, and the Illinois
Environmental Regulatory Group to reconsider the Board opinion of March 5,
1998, and modified it by deletion of footnote 6.
7-0
R98-16
In the Matter of: Petition of W.R. Grace & Company - Connecticut, and the
Illinois Environmental Protection Agency for Site-Specific Air Regulation: 35
Ill. Adm. Code 218.940(h) - Proposed Rule, Second Notice, Opinion and Order.
??? ????? ??????? ? ?????? ?????? ??????? ??? ????? ?? ???? ???????? ?????
?????? ?? ????? ??? ?????
?
?
air pollution control regulations.
7-0
ADJUSTED STANDARDS
AS 97-5
In the Matter of: Petition of the Louis Berkman Company, d/b/a The Swenson
Spreader Company for an Adjusted Standard from 35 Ill. Adm. Code 215,
Subpart F - The Board granted an adjusted standard, with conditions, from 35 Ill.
Adm. Code 215.204(j)(2), which limits the amount of volatile organic material
(VOM) that may be contained in coatings. This order amends and supplements
the Board’s interim order of December 19, 1996.
7-0
AS 97-11
In the Matter of: Petition of the Greater Rockford Airport Authority for an
Adjusted Standard from 35 Ill. Adm. Code Part 814, Subpart D - The Board
granted petitioner’s motion to dismiss this request for an adjusted standard.
7-0
AS 98-5
In the Matter of: Petition of the Metropolitan Water Reclamation District of
Greater Chicago for an Adjusted Standard from 35 Ill. Adm. Codes 811, 812,
and 817 - The Board denied petitioner’s request for an
adjusted standard,
finding it
duplicitous of relief previously granted in AS 95-4.
7-0
ADMINISTRATIVE CITATIONS
AC 98-8
County of Will v. William Hunter -
??? ????? ??????? ??
interim opinion and
order
??????? ???? ?????????? ????????
Sections
????????
and
??????
of the
Environmental Protection Act (415 ILCS 5/
???????? ??? ??????
(1996))
???
????????? ? ??????? ?? ??????? ??? ????? ??????? ??? ????? ?? ??? ????? ???
??? ?????? ?? ???? ?????? ?? ???? ? ????????? ?? ??????? ?????? ????????? ??
?????????? ???? ??????? ?? ???????????
7-0
/C[?????????????????????????????????????????????????'0??8+410/'06#.?4')+56'4?0Q?????
?
ADMINISTRATIVE CITATIONS (CONT’D)
AC 98-21
County of Jackson v. Randy McBride - The Board entered an order dismissing
this administrative citation for failure to perfect service within 60 days of the
date of the observed violation.
7-0
AC 98-23
IEPA v. Pike County Landfill, Inc. - The Board entered an order finding that this
Pike County respondent violated Sections 21(o)(5) and (o)(12) of the Environ-
mental Protection Act (415 ILCS 5/21(o)(5), (o)(12) (1996)) and ordered it to
pay a civil penalty of $1,000.
7-0
AC 98-24
IEPA v. City of Mound City - The Board entered an order finding that this
Pulaski County respondent violated Section 21(p)(1) of the Environmental
Protection Act (415 ILCS 5/21(p)(1) (1996)) and ordered it to pay a civil penalty
of $500.
7-0
ADJUDICATORY CASES
Decisions
PCB 97-52
People of the State of Illinois v. Mutual Asbestos Control Contractors, Inc. - The
????? ??????? ?????? ???? ??? ??????? ??????????? ?? ??????? ???????? ?? ???
????????????? ?????????? ???? ???????? ? ??????????? ??? ?????????? ?????????
?? ???? ???? ??????????? ?????? ????????? ? ???? ?????? ????????? ???????
?????????? ?? ??? ? ????? ??????? ?? ??????? ??? ?? ????? ??? ?????? ????
??????? ???????????
7-0
PCB 98-98
Environmentally Concerned Citizens Organization (ECCO) and Beth Finney v.
Landfill L.L.C., d/b/a or a/ka West End Disposal Facility and The Saline County
Board of Commissioners -
The Board affirmed the decision of the
Saline County Board of Commissioners which approved the siting
for a regional pollution control facility owned by Landfill L.L.C.
d/b/a or a/k/a West End Disposal Facility.
7-0
Provisional Variances
PCB 98-152
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
?? ??????? ????????? ??? ?? ?? ??? ?????
?????? ??? ????????? ??? ?? ?? ???? ???? ???? ?????????? ??? ????????
6-0
Hennessey
abstained
Motions and Other Matters
PCB 95-143
Gordon Krautsack v. Bhogilal Patel, an individual, Subhash Patel, an individual,
Electronic Interconnect, Inc., and Electronic Interconnect Corporation - The
Board granted respondents’ motion for extension of time in part, and found
complainant’s motion for default moot.
7-0
'08+410/'06#.?4')+56'4?0Q?????
????????/C[?????
??
PCB 96-76
People of the State of Illinois v. Chemetco, Inc. - The Board granted complain-
ant’s motion to amend the complaint.
7-0
PCB 97-133
People of the State of Illinois v. Douglas Furniture of California, Inc. - Upon
receipt of a proposed stipulation and settlement agreement and an agreed motion
to request relief from the hearing requirement in this Emergency Planning
Community Right to Know Act enforcement action against a Cook County
facility, the Board ordered publication of the required newspaper notice.
7-0
PCB 97-140
North Shore Sanitary District v. IEPA - The Board granted petitioner’s motion
for withdrawal of this permit appeal involving a Lake County facility.
7-0
PCB 97-186
Elouisa Farrales v. Office of the State Fire Marshal - The Board granted
respondent’s motion for summary judgment in this appeal of an underground
storage tank decision involving a Cook County facility.
7-0
PCB 97-195
W.R. Meadows, Inc. v. IEPA - The Board granted petitioner’s motion for
summary judgment in part and ordered this matter to proceed to hearing
concerning the remaining permit denial issues.
7-0
PCB 98-22
Village of Matteson v. IEPA - The Board granted petitioner’s motion for
withdrawal of this underground storage tank appeal involving a Cook County
facility.
7-0
PCB 98-93
People of the State of Illinois v. Salt Creek Drainage Basin Sanitary District -
Upon receipt of a proposed stipulation and settlement agreement and an agreed
motion to request relief from the hearing requirement in this water enforcement
action against a DuPage County facility, the Board ordered publication of the
required newspaper notice.
6-0
Hennessey
abstained
PCB 98-110
Phillips 66 Company 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 Will County facility.
7-0
Motions and Other Matters (Cont’d)
PCB 98-111
County of Boone, and the City of Belvidere v. IEPA - The Board granted
petitioners’ attorney’s motion
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??? ??? ????
???
accepted this appeal of
a land permit on behalf of a Boone County facility for hearing.
7-0
PCB 98-115
Illinois State Toll Highway Authority v. IEPA - The Board accepted this
underground storage tank appeal on behalf of a Boone County facility for
hearing.
7-0
/C[?????????????????????????????????????????????????'0??8+410/'06#.?4')+56'4?0Q?????
??
PCB 98-123
People of the State of Illinois v. Gilster Mary Lee Corporation - Upon receipt of
a proposed stipulation and settlement agreement and an agreed motion to request
relief from the hearing requirement in this water enforcement action against a
Randolph County facility, the Board ordered publication of the required
newspaper notice.
6-0
Hennessey
abstained
PCB 98-142
Coastal Mart, Inc. 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
Massac County facility.
7-0
PCB 98-143
Accurate Perforating Company, Inc. 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 98-146
Donald Hoing, d/b/a Don’s Service v. Office of the State Fire Marshal - The
Board accepted for hearing this appeal of an underground storage tank decision
involving a Hancock County facility.
7-0
PCB 98-149
North Shore Sanitary District v. IEPA - The Board denied petitioner’s request
for a 90-Day Extension of appeal but accepted petitioner’s letter requesting an
extension of the 35-day time period as a petition for review, ordering petitioner
to file an amended petition or the action would be subject to dismissal.
7-0
PCB 98-150
Country Care Centers 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
Christian County facility.
7-0
PCB 98-151
John Boos & Company v. IEPA - The Board granted this request for a 90-day
extension of time to file an underground storage tank appeal on behalf of an
Effingham County facility.
7-0
'08+410/'06#.?4')+56'4?0Q?????
????????/C[?????
??
%2$5'?$&7,216????????
RULEMAKINGS
R97-15(B)
In the Matter of: Livestock Waste Regulations, 35 Ill. Adm. Code 506 -
Proposed Rule, First Notice, Opinion and Order. The Board adopted a first
notice opinion and order in this proposed rulemaking to amend the financial
assurance provisions of the Board’s livestock waste regulations.
7-0
R97-21
R98-3
R98-5
In the Matter of: RCRA Update, USEPA Regulations (July 1, 1996 through
December 31, 1996); In the Matter of: UIC Update, USEPA Regulations
(January 1, 1997 through June 30, 1997); In the Matter of: RCRA Update,
USEPA Regulations (January 1, 1997 through June 30, 1997) - Proposal for
Public Comment, Opinion and Order of the Board. The Board adopted a
proposal for public comment, in this “identical-in substance” rulemaking, to
amend the Board’s hazardous waste disposal regulations.
7-0
R98-9
In the Matter of: Municipal Solid Waste Landfill (MSWLF) Rules: Amend-
ments to 35 Ill. Adm. Code 811, 813, and 848 - Proposed Rule, Second Notice,
Opinion and Order. The Board adopted a second notice opinion and order in
this proposed rulemaking to amend the Board’s solid waste disposal regula-
tions.
7-0
R98-14
In the Matter of: Petition of PDV Midwest Refining, L.L.C. for a Site-Specific
Rulemaking Amendment to 35 Ill. Adm. Code 304.213 - Proposed Rule, First
Notice, Opinion and Order. The Board adopted a first notice opinion and order
in this proposed rulemaking to amend the Board’s water pollution control
regulations.
6-0
Hennessey
abstained
R98-24
In the Matter of: Enhanced Vehicle Inspection and Maintenance Regulations:
Amendments to 35 Ill. Adm. Code 240 - Proposed Rule, Second Notice,
Opinion and Order. The Board adopted a second notice opinion and order in
this proposed rulemaking to amend the Board’s air pollution control regula-
tions.
7-0
R98-29
In the Matter of: Nonhazardous Special Waste Hauling and the Uniform
Program 35 Ill. Adm. Code 809 (Pursuant to P.A. 90-219) - The Board
accepted for hearing the Illinois Environmental Protection Agency’s proposal
to amend Parts 729, 808, 809, and 811 of the Board’s special waste hauling
regulations and struck the proposal to amend Part 855.
7-0
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??
ADJUSTED STANDARDS
AS 97-6
In the Matter of: Petition of Granite City Steel for an Adjusted Standard from 35
Ill. Adm. Code 302.212 and 302.313, Water Quality Standards Relating to
Ammonia - The Board granted petitioner’s motion withdrawal of this request for
an adjusted standard involving a Madison County facility.
6-0
Hennessey
abstained
ADMINISTRATIVE CITATIONS
AC 98-19
County of Jackson v. Gary Easton - 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 it to pay a civil penalty of $1,500.
7-0
AC 98-20
County of Jackson v. Gary Easton - 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 it to pay a civil penalty of $1,500.
7-0
AC 98-27
IEPA v. Chris Thompson - The Board entered an order dismissing this adminis-
trative citation against a Rock Island County respondent for failure to perfect
service within 60 days of the date of the observed violation.
7-0
ADJUDICATORY CASES
Decisions
PCB 95-91
People of the State of Illinois v. Waste Hauling Landfill, Inc., and Waste
Hauling, Inc.; and Waste Hauling Landfill, Inc. and Waste Hauling, Inc. as
Cross-claimants v. Bell Sports, Inc. - The Board entered an order in this
Resource Conservation and Recovery Act enforcement action involving a facility
in Macon County, finding respondent Waste Hauling Landfill, Inc., in violation
of several sections of the Environmental Protection Act and the Board’s
pollution control regulations, ordered the payment of a civil penalty of $472,000
and $18,535 in attorney costs and fees to the Attorney General’s Office, and to
cease and desist from further violations. The cross-complaint was dismissed.
7-0
PCB 97-116
People of the State of Illinois v. Dixon-Marquette Cement, Inc. - The Board
granted relief from the hearing requirement of Section 31(c)(2) of the Environ-
mental Protection Act, accepted a stipulation and settlement agreement in this
water enforcement action involving a Lee County facility, ordered respondent to
pay a civil penalty of $40,000, and to cease and desist from further violations.
6-0
Hennessey
abstained
'08+410/'06#.?4')+56'4?0Q?????
????????/C[?????
??
Decisions (Cont’d)
PCB 97-133
People of the State of Illinois v Douglas Furniture of California - The Board
granted relief from the hearing requirement of Section 31(c)(2) of the Environ-
mental Protection Act, accepted a stipulation and settlement agreement in this
Emergency Planning Community Right to Know Act enforcement action
involving a Cook County facility, and ordered respondent to pay a civil penalty
of $43,000 and to cease and desist from further violations.
7-0
PCB 98-127
People of the State of Illinois v. Horsehead Resource Development Company,
Inc. - The Board granted relief from the hearing requirement of Section 31(c)(2)
of the Environmental Protection Act, accepted a stipulation and settlement
agreement in this Resource Conservation Recovery Act enforcement action
involving a Cook County facility, and ordered respondent to pay a civil penalty
of $7,500 and to cease and desist from further violations.
7-0
PCB 98-129
People of the State of Illinois v. Heartland Pork Enterprises, Inc. The Board
granted relief from the hearing requirement of Section 31(c)(2) of the Environ-
mental Protection Act, accepted a stipulation and settlement agreement in this
water enforcement action involving an Edgar County facility, and ordered
respondent to pay a civil penalty of $12,500 and to cease and desist from further
violations.
6-0
Hennessey
abstained
Provisional Variances
PCB 98-158
Illinois Department of Transporation, (I-57 Rest Area, Iroquois County) v. IEPA
- Upon receipt of an IEPA recommendation, the Board granted this Iroquois
County facility a 45-day provisional variance, subject to conditions, from certain
effluent discharge limits for five-day carbonaceous biochemical oxygen demand,
total suspended solids and five-day biochemical oxygen demand, as set forth in
National Pollutant Discharge Elimination System Permit No. IL0055387 and in
35 Ill. Adm. Code 304.120(c) and 304.141(a).
6-0
Hennessey
abstained
Motions and Other Matters
PCB 97-8
People of the State of Illinois v. Cyberamerica Corporation, f/k/a Canton
Industrial Corporation - The Board denied complainant’s motion for modifica-
tion of its February 5, 1998, order concerning this Fulton County respondent.
7-0
PCB 97-183
Trust Number 5439, by its Trustee, The Amalgamated Trust and Savings Bank
v. Shell Oil Company - The Board granted petitioner’s motion for withdrawal
of this underground storage tank appeal involving a Cook County facility.
7-0
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??
Motions and Other Matters (Cont’d)
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 dismissed the
Illinois Environmental Protection Agency and Rockford Blacktop
Construction from this action, denied the complainant’s motion to
amend the complaint, and ordered this matter to proceed to hearing
against the Village of Durand in Winnebago County.
6-0
Hennessey
abstained
PCB 98-118
Jack Donelson Sales Company v. IEPA - In this appeal of a under-
ground storage tank decision involving a Lake County facility, the
Board declined to allow a non-attorney, to represent the petitioner, but
granted petitioner 30 days in which to retain an attorney, and to file an
amended petition or the action would be subject to dismissal.
5-2
Girard and
Meyer
dissented
PCB 98-124
Illinois State Toll Highway Authority (Hinsdale-East Oasis) v. IEPA -
The Board accepted for hearing this appeal of an underground storage
tank decision involving a Cook County facility.
7-0
PCB 98-125
Illinois State Toll Highway Authority (Lincoln-East Oasis) v. IEPA -
The Board accepted for hearing this appeal of an underground storage
tank decision involving a Cook County facility.
7-0
PCB 98-149
North Shore Sanitary District v. IEPA - The Board accepted for
hearing this land permit appeal involving a Lake County facility.
7-0
PCB 98-153
People of the State of Illinois v. City of Sparta - 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 a Randolph County facility, the Board ordered
publication of the required newspaper notice.
6-0
Hennessey
abstained
PCB 98-155
Leyden High Schools 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 98-156
Dick’s Phillips Service 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 DuPage County facility.
7-0
'08+410/'06#.?4')+56'4?0Q?????
????????/C[?????
??
Motions and Other Matters (Cont’d)
PCB 98-157
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 Boone County facility.
7-0
1(:?&$6(6???????
98-142
Coastal Mart, Inc. 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 Massac
County facility.
98-143
Accurate Perforating Company, Inc. 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.
98-144
People of the State of Illinois v. Edward Van Der
Molen and Peter T. Barton, d/b/a Shadow Lakes Resort -
The Board accepted for hearing this water enforcement
action against a Will County facility.
98-145
People of the State of Illinois v. Bodine Electric
Company - Hearing Mandatory - The Board accepted for
hearing this air enforcement action against a CookCounty
facility.
98-146
Donald Hoing, d/b/a Don’s Service v. Office of
the State Fire Marshal - The Board accepted for hearing
this appeal of an underground storage tank decision
involving a Hancock County facility.
98-147
Jake Seabury v. IEPA - Awaiting Illinois
Environmental Protection Agency response. No action
taken.
98-148
People of the State of Illinois v. Doren Poland,
Lloyd Yoho, and Briggs Industries, Inc., a/k/a Briggs
Plumbing Products, Inc. - The Board accepted this land
enforcement action against a Knox County facility for
hearing.
98-149
North Shore Sanitary District v. IEPA - The Board
denied petitioner’s request for a 90-day extension of
appeal and accepted petitioner’s letter requesting an
extension of the 35-day time period as a petition for
review.
98-150
Country Care Centers 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
Christian County facility.
98-151
John Boos & Company v. IEPA - The Board
granted this request for a 90-day extension of time to file
an underground storage tank appeal on behalf of an
Effingham County facility.
AC 98-26
IEPA v. Jay Greer - The Board accepted an
administrative citation against this Madison County
respondent.
AC 98-27
IEPA v. Chris Thompson - The Board accepted
an administrative citation against this Rock Island County
respondent.
AC 98-28
County of Will v. Richard and Kim Gates - The
Board accepted an administrative citation against these
Will County respondents.
AS 98-7
In the Matter of: Petition of the City of
Belleville, Illinois for an Adjusted Standard from 35 Ill.
Adm. Code 106.705 - The Board acknowledged receipt of
this petition for a adjusted standard from certain require-
ments on behalf of a St. Clair County facility and held it
pending receipt of publication.
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??
1(:?&$6(6????????
98-124
Illinois State Toll Highway Authority v. IEPA -
Illinois State Toll Highway Authority (Hinsdale-East
Oasis) v. IEPA - The Board accepted for hearing this
appeal of an underground storage tank decision involving
a Cook County facility.
98-125
Illinois State Toll Highway Authority (Lincoln-
East Oasis) v. IEPA - The Board accepted for hearing this
appeal of an underground storage tank decision involving
a Cook County facility.
98-153
People of the State of Illinois v. City of Sparta -
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 Randolph County facility, the Board ordered
publication of the required newspaper notice. Board
Member K.M. Hennessey abstained.
98-154
People of the State of Illinois v. P & H
Manufacturing Company - The Board accepted for
hearing this Resource Conservation and Recovery Act
enforcement action against a Shelby County facility.
98-155
Leyden High Schools 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.
98-156
Dick’s Phillips Service 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 DuPage
County facility.
98-157
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 Boone County facility.
98-158
Illinois Department of Transporation, (I-57 Rest
Area, Iroquois County) v. IEPA - Upon receipt of an
Illinois Environmental Protection Agency recommenda-
tion, the Board granted this Iroquois County facility a 45-
day provisional variance, subject to conditions, from
certain effluent discharge limits for five-day carbonaceous
biochemical oxygen demand, total suspended solids and
five-day biochemical oxygen demand, as set forth in
National Pollutant Discharge Elimination System Permit
No. IL0055387 and in 35 Ill. Adm. Code 304.120(c) and
304.141(a). Board Member K.M. Hennessey abstained.
AC 98-29
IEPA v. Steve Gill, d/b/a A Better Estimate
Tree Service - The Board accepted an administrative
citation against this Peoria County respondent.
AC 98-30
Montgomery County v. Envotech-Illinois, Inc.,
- The Board accepted an administrative citation against
this Montgomery County respondent.
AC 98-31
Montgomery County v. Robert M. Fleming -
The Board accepted an administrative citation against this
Montgomery County respondent.
R98-29
In the Matter of: Nonhazardous Special Waste
Hauling and the Uniform Program 35 Ill. Adm. Code 809
(Pursuant to P.A. 90-219) - The Board granted the Illinois
Environmental Protection Agency’s (IEPA’s) motion
regarding incorporation by reference and accepted for
hearing the IEPA’s proposal to amend the Board’s special
waste hauling regulations.
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Date &
Time
Docket
Number
Case Name Location of Hearing
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
6/10/98
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
6/15/98
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
7/9/98
10:30am
Illinois Pollution Control Board Meeting James R. Thompson Center, 100 West
Randolph Street, Suite 9-040, Chicago,
IL
7/23/98
10:30am
Illinois Pollution Control Board Meeting James R. Thompson Center, 100 West
Randolph Street, Suite 9-040, Chicago,
IL
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The following are regularly scheduled meetings of the Illinois Pollution Control Board.
REGULAR BOARD MEETING SCHEDULE FOR CALENDAR YEAR 1998*
May 7
May 21
August 6 †
August 20
November 5
November 19
June 4
June 18
September 3
September 17
December 3
December 17
July 9
July 23
October 1
October 15
* 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
Western Springs
Marili McFawn
Inverness
J. Theodore Meyer
Chicago
Joseph Yi
Park Ridge
The
Environmental Register
is a newsletter published by the IPCB monthly, and contains updates on rulemakings,
descriptions of final decisions, the Board’s hearing calendar, and other environmental law information of interest to the
People of the State of Illinois.
Illinois Pollution Control Board Illinois Pollution Control Board
James R. Thompson Center 600 South Second Street
100 W. Randolph, Suite 11-500 Suite 402
Chicago, Illinois 60601 Springfield, Illinois 62704
(312)814-3620 (217)524-8500
Web Site: http://www.ipcb.state.il.us/
