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oard Adopts Amendments in
In the Matter of Tiered
Approach to Corrective
Action Objectives: Amendments
to 35 Ill. Adm. Code 742, R97-
12(C)
On June 4, 1998, the Board
adopted as final rules for filing with
the Secretary of State 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, by the Site Remediation
Advisory Committee (SRAC) and
the Illinois Environmental Protec-
tion 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 Concentra-
tion” (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, typo-
graphical, and technical changes
that were identified after the
adoption of Docket A in this
rulemaking. The first notice order
(Continued on page 2)
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On May 12, 1998, Governor
Jim Edgar announced the reap-
pointments of Claire A. Manning as
Chairman and G. Tanner Girard
and Marili McFawn as Board
Members. Governor Edgar also
appointed two new Board Mem-
bers: Elena Z. Kezelis and
Nicholas J. Melas. Senate confir-
mation of the reappointments and
appointments occurred on May 20,
1998.
Claire A. Manning
became
Chairman of the Board on May 1,
1993. Prior to chairing the Board,
Manning served as the chairman
and a member of the Illinois State
Labor Relations Board. She was
previously appointed to serve as
Chief Labor Relations Counsel for
the Department of Central Man-
agement Services for the State
(Continued on page 2)
)('(5$/?$&7,216
nited States Environmental
Protection Agency Revises
National Emission Standards
for Hazardous Air Pollutants for
Petroleum Refineries
On June 9, 1998, the United
States Environmental Protection
Agency (USEPA) revised the
National Emission Standards for
Hazardous Air Pollutants for
petroleum refineries, which were
issued as a final rule on August 18,
1995. 63 Fed. Reg. 31358 (June 9,
1998). The amendments revise the
requirement that states submit a
state implementation plan (SIP), if
using emissions averaging, no later
than 18 months prior to the
compliance date. The requirement
is revised to allow a state to submit
a SIP for approval at any time prior
to initiation of emissions averaging.
USEPA has determined that the
requirement to submit the SIP
eighteen months prior to the
(Continued on page 5)
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(Continued from page 1)
was published in the
Illinois Register
at 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
(DCCA) to conduct an economic impact study (EcIS) for
a proposed rulemaking, and the Board to conduct a
hearing on the matter thereafter. No one testified at the
March 17, 1998, hearing regarding DCCA’s decision not
to perform an EcIS. No written comments were received
during the first notice period. Accordingly, 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.
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 Amendments in In the Matter of
Clean-Up Amendments to 35 Ill. Adm. Code 215,
R98-15
On June 4, 1998, the Board adopted amendments to 35
Ill. Adm. Code 215. The rules amend 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, add language at Section 216.206(a) which exempts
certain coaters, add a new exemption for touch-up and
repair coatings in Section 215.206(b), and delete 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. See 22 Ill. Reg.
3674 (February 21, 1998).
Hearings were held on December 18 and 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 Department
of Commerce and Community Affairs (DCCA) to conduct
an economic impact study (EcIS) of a proposed rulemak-
ing and the Board to hold a hearing regarding the matter
thereafter. DCCA decided not to conduct an EcIS
%2$5'?0(0%(56
(Continued from page 1)
of Illinois. Additionally, Ms. Manning has served as a
visiting professor at the University of Illinois and as
president-elect of the National Association of Labor
Relations. Ms. Manning graduated from Loyola Univer-
sity School of Law in Chicago in 1979. She is a resident
of Williamsville and works out of the Board’s Springfield
office.
G. Tanner Girard
was first appointed to the Board
on February 13, 1992. Dr. Girard formerly worked as an
Associate Professor of Biology and Environmental
Sciences at Principia College. He previously acted as the
chairperson and commissioner for the Illinois Nature
Preserves Commission and was the former vice president
of the Illinois Environmental Council. Additionally, Dr.
Girard acted as a past president of the Illinois Audobon
Society. Dr. Girard graduated with a doctorate in science
education. He lives in Grafton and works out of the
Board’s Jerseyville office.
Marili McFawn
was initially appointed to the Board
on November 12, 1993. Before appointment to the Board,
Ms. McFawn was a partner at the law firm of Schiff
Hardin & Waite. She has also worked as an attorney-
assistant for the Board and as an enforcement staff
attorney for the Illinois Environmental Protection Agency.
Ms. McFawn received her
juris doctorate
from Loyola
University School of Law in Chicago in 1979. Ms.
McFawn is a resident of Inverness. She works out of the
Board’s Chicago office located in the James R. Thompson
Center, Chicago.
Elena Z. Kezelis
is a new appointee to the Board.
Her term will begin on January 10, 1999. Ms. Kezelis
presently serves as chief legal counsel to Governor Jim
Edgar. She is a former law partner at Sonnenschein Nath
& Rosenthal. Ms. Kezelis previously worked as a
litigation associate at Isham, Lincoln & Beale. Addition-
ally, Ms. Kezelis served as a law clerk for former federal
District Court Judge George N. Leighton. Ms. Kezelis
received her
juris doctorate
from John Marshall Law
School in 1980. Ms. Kezelis is a resident of Springfield.
She will work out of the Board’s Springfield office.
Nicholas J. Melas
is a new appointee to the Board
and he assumed his position on July 1, 1998. Mr. Melas
served as the former president and commissioner of the
Metropolitan Water Reclamation District of Greater
Chicago. He has acted as the president of N.J. Melas &
Company, Inc., and was the former president of the
Illinois Association of Sanitary Districts. Additionally,
(Continued on p.3)
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(Continued from page 2)
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Mr. Melas served as a commissioner of the Northeastern
Illinois Planning Public Building Commission. Mr. Melas
received his Masters in Business Administration, Labor,
and Industrial Relations from the University of Chicago.
He is a resident of Chicago and will work out of the
Board’s Chicago office.
The Board and staff congratulate the Chairman and
Board Members who have been reappointed and welcome
the new Board Members.
?
58/(0$.,1*?83'$7(
(Contined from page 2)
of the proposed rulemaking. No one testified at the March
30, 1998 hearing regarding the economic impact of this
rulemaking. No public comments were received with
regard to the economic impact of this rulemaking.
Accordingly, on April 16, 1998, the Board adopted the
amendments for second-notice review by the Joint
Committee on Administrative Rules.
Any questions regarding this rulemaking may be
directed to Catherine Glenn at 312/814-6923; e-mail
address: cglenn@pcb084r1.state.il.us
?
oard Adopts First Notice Opinion and Order in In
the Matter of: Amendments to Requirements for
Landscape Waste Compost Facilities, 35 Ill. Adm.
Code 830.203(c), 831.107, and 831.109(b)(3), R97-29
On June 17, 1998, the Board adopted for first-notice
publication in the
Illinois Register
amendments to 35 Ill.
Adm. Code 830.203(c), 831.107, and 831.109(b)(3)
which set requirements for landscape waste compost
facilities. This rulemaking arises out of a proposal filed
on May 6, 1997, by two citizens, Dr. Renuka Desai and
Susan Garrett (proponents).
The Board proposed a modified version of propo-
nents’ proposal. Specifically, the first-notice order
requires certain composting areas established after
January 1, 1999, to be located at least 1/8 mile from
health care facilities, pre-school and child care facilities,
and primary and secondary school facilities. The first-
notice order also includes corresponding changes to
requirements for site location maps and other information
in permit applications.
The Board held two public hearings on the original
proposal: the first, in Chicago on September 8, 1997; and
the second, in Springfield, on October 7, 1997. A 45-day
public comment period will commence upon publication
of the first notice proposal in the
Illinois Register
. All
public comments should be filed during this time and
should be addressed to the Clerk of the Board. One more
hearing is being scheduled to address issues specified in
the June 17, 1998 Board opinion.
Any questions regarding this rulemaking may be
directed to Richard McGill at 312/814-6983; e-mail
address: rmcgill@pcb084r1.state.il.us
?
oard Adopts Final Rules in In the Matter of:
Municipal Solid Waste Landfill (MSWLF) Rules:
Amendments to 35 Ill. Adm. Code 811, 813, and
848, R98-9
On June 17, 1998, the Board adopted amendments to
the Municipal Solid Waste Landfill (MSWLF) rules, 35
Ill. Adm. Code 811, 813, and 848. On August 11, 1997,
the Illinois Environmental Protection Agency and the
National Solid Waste Management Association
(collectively, proponents) filed a joint proposal for
amendments to 35 Ill. Adm. Code 811, 813, and 848. The
amendments have four general effects: (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.
On August 21, 1997, the Board accepted the proposal
for public comment and added 35 Ill. Adm. Code 848.104
to the proposal for public comment. On October 27,
1997, and November 19, 199, 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 MSWLF 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. On
May 21, 1998, the Board adopted the amendments for
second notice review by the Joint Committee on Admin-
istrative Rules (JCAR). On June 16, 1998, JCAR issued a
certificate of no objection to the amendments as proposed.
Please direct questions to Marie Tipsord at 312/814-
4925; e-mail address: mtipsord@pcb08r41.state.il.us
?
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58/(0$.,1*?83'$7(
(Continued from page 3)
oard Adopts Final Rules in 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 June 17, 1998, the Board adopted amendments to
the general permitting provisions at 35 Ill. Adm. Code 201
to allow for issuance of perpetual permits for certain
sources. The rules are required by amendments to the
Environmental Protection Act (Act) (415 ILCS 5/1
(1996))
et seq
. 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
amendments to the Act before July 1, 1998.
On October 10, 1997, the Illinois Environmental
Protection Agency (IEPA) filed a proposal to amend the
Board’s regulations concerning air permits. Specifically,
the IEPA’s proposal requests that the Board amend certain
sections of Part 201 to 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 Protec-
tion Act (415 ILCS 5/39.5 (1996)) or required to obtain a
federally enforceable State operating permit. On Novem-
ber 20, 1997, the Board adopted these amendments for
first notice publication in the
Illinois Register
. See 21 Ill.
Reg. 16023 (December 12, 1997).
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
IEPA testified at the aforementioned hearings regarding
the amendments. 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
rulemaking. No one testified at this hearing, and the
Board has not received any comments on the economic
impact study issue.
On April 16, 1998, the Board adopted the amend-
ments for second notice review by the Joint Committee on
Administrative Rules (JCAR). JCAR issued a certificate
of no objection on June 16, 1998.
Questions regarding this rulemaking may be directed
to Charles King at 312/814-6926; e-mail address:
cking@pcb084r1.state.il.us
?
oard Adopts Final Rules in 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
On June 17, 1998, the Board adopted amendments to
Parts 201 and 220 in 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 regula-
tions 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
C.F.R. 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 rules include provisions for implementing the EGs
for the control of emissions from existing municipal
landfills in Illinois. The rules contain standards and
control requirements that are intended to be equivalent to
those included in the NSPS. The rules also require certain
existing landfill owners or operators to report their design
capacity and annual NMOC emission rate, and if emis-
sions are equal or greater to 50 Mg/year, to install a gas
collection control system. The major parts of the rules are
the applicability criteria, control requirements, compli-
ance, operational standards, monitoring, reporting,
recordkeeping, and amendments to exempt smaller
landfills from state permitting requirements.
On March 19, 1998, the amendments were adopted for
first-notice publication in the
Illinois Register
. See 22 Ill.
Reg. 6466, 6500 (April 10, 1998). The Board held a
hearing in this matter on May 1, 1998, in Chicago. The
%
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58/(0$.,1*?83'$7(
(Continued from page 4)
second hearing was held on May 13, 1998, in Springfield.
The second hearing addressed the decision of the
Department of Commerce and Community Affairs not to
perform an economic impact study, in accordance with
Section 27(b) of the Act as amended by Public Act 90-
489, effective January 1, 1998. On June 4, 1998, the
Board adopted a second-notice proposal for review by the
Joint Committee on Administrative Rules (JCAR). On
June 16, 1998, JCAR voted “no objection” to the
proposed rules.
For further information regarding this rulemaking,
please contact Catherine Glenn at 312/814-6923; e-mail
address: cglenn@pcb084r1.state.il.us
?
oard Adopts Final Identical-in-Substance Rules in
In the Matter of Exemptions from the Definition
of Volatile Organic Material, USEPA Amend-
ments (July 1, 1997, through April 9, 1998), R98-17
On June 17, 1998, the Board adopted amendments in
this rulemaking to update the definition of volatile organic
material in 35 Ill. Adm. Code 211.7150 to reflect the most
recent United States Environmental 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 June 17, 1998 opinion and order in docket R98-
17. The Board expanded the scope of the docket to
include the USEPA’s 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 (Procedure Act) (5 ILCS 100/5-35, 5-40 (1996)) do
not apply to this proceeding. Because it is not subject to
Section 5 of the Procedure Act, 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.
The Board adopted a proposal for public comment in
this rulemaking on April 16, 1998. Upon publication of
the proposal in the
Illinois Register
, a 45-day public
comment period commenced. See 22 Ill. Reg. 7450 (May
1, 1998). One hearing on the proposal was held on June
3, 1998. One public comment was filed by the Illinois
Environmental Protection Agency.
Please direct any questions regarding this rulemaking
to Amy Muran Felton, 312/814-7011; e-mail address:
amuranfe@pcb084r1.state.il.us
?
oard Adopts Final Identical-in-Substance Rules in
In the Matter of Wastewater Pretreatment
Update, USEPA Regulations (July 1, 1997,
through December 31, 1997), R98-23
On June 17, 1998, the Board adopted amendments to
include revisions adopted by the United States Environ-
mental Protection Agency (USEPA) to the procedures for
modification of wastewater pretreatment regulations
incorporated into a National Pollution Discharge Elimina-
tion System permit of a publicly-owned treatment works.
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 Admin-
istrative Procedure Act, it is not subject to first-notice or
second-notice review by the Joint Committee on Admin-
istrative Rules and to the economic impact study require-
ments of Section 27(b) of the Act. On April 16, 1998, the
Board adopted a proposal for public comment in this
rulemaking. No public comments were filed with the
Board during the 45-day public comment period. See 22
Ill. Reg. 7465 (May 1, 1998).
Any questions regarding this rulemaking may be
directed to Amy Muran Felton, 312/814-7011; e-mail
address: amuranfe@pcb084r1.state.il.us
?
)('(5$/?$&7,216
(Continued from page 1)
compliance date precludes an existing source from using
emissions averaging if it decides to do so in the future.
The rule also exempts specific streams associated with
hydrogen plants from the requirements for process vents.
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(Continued from page 5)
The direct final rule will be effective on August 18,
1998, without further notice unless USEPA receives
relevant adverse comments on or before July 9, 1998.
Comments should be submitted (in duplicate, if possible)
to: Air and Radiation Docket and Information Center
(6102), Attention: Docket Number A-93-48, USEPA, 401
M Street, S.W., Washington, D.C. 20460. A separate
copy of the comment should also be sent to: Mr. James
Durham, Waste and Chemical Processes Group, Emission
Standards Division (MD-13), USEPA, Research Triangle
Park, North Carolina 27711.
?
nited States Environmental Protection Agency
Adopts Rules Identifying Areas As Attainment for
the One-Hour Ozone Standard
On June 5, 1998, the United States Environmental
Protection Agency (USEPA) adopted rules which identify
ozone areas attaining the one-hour standard. 63 Fed. Reg.
31014 (June 5, 1998). The result of this determination is
that the one-hour standard is no longer applicable in these
areas.
On January 16, 1998, USEPA published a direct final
rule to identify ozone areas where the one-hour standard is
no longer applicable, which was withdrawn on March 16,
1998, due to adverse comments. See 63 Fed. 2726
(January 16, 1998); 63 Fed. Reg. 12652 (March 16,
1998). In this direct final rule, USEPA addressed the
comments received, corrected the typographical errors
contained within the proposed rules, and finalized the
determination that the one-hour standard no longer applies
for specific areas.
No changes occurred in Illinois. The standard still
applies in the Chicago Metropolitan Area, which is a
moderate nonattainment area. This action was effective
June 5, 1998.
?
nited States Environmental Protection Agency
Proposes Amendments to Hazardous Chemical
Reporting Thresholds in Emergency Planning and
Community Right-to-Know Act Regulations
On June 8, 1998, the United States Environmental
Protection Agency (USEPA) proposed amendments to
hazardous chemical reporting thresholds in Emergency
Planning and Community Right-to-Know Act (EPCRA)
regulations. 63 Fed. Reg. 31267 (June 8, 1998). The
amendments would be codified at 40 C.F.R. Sections 355
and 377 (40 C.F.R. §§ 355, 370 (1996), which are
regulations implementing Sections 302, 303, 304, 311,
and 312 of EPCRA. 42 U.S.C. §§ 11002, 11003, 11004,
11021, 11022 (1996). These rules provide requirements
for emergency planning and release notification, and
hazardous chemical community right-to-know reporting
notification.
USEPA states that the proposed changes are intended
to reduce reporting burdens, while preserving the
important public health and safety benefits of the hazard-
ous chemical reporting requirements. Specifically,
USEPA proposes to raise the reporting thresholds for
gasoline and diesel fuel in underground storage tanks at
retail gas stations, and to set new reporting thresholds for
some additional hazardous chemicals. USEPA also
proposes to make clarifying changes to the mixture
requirements. In addition, USEPA is publishing draft
guidance as part of the preamble to provide states and
local governments with more discretion in implementing
the federal requirements. This guidance would not be
binding and does not involve any regulatory changes.
USEPA anticipates that the elimination of unnecessary
reporting will help focus emergency planning and
prevention on more significant hazards.
Comments (original plus three copies) may be
submitted on or before September 8, 1998, to: Docket
Number 300RR-IF1, Docket Coordinator, USEPA,
CERCLA Docket Office, 401 M Street, S.W., Washing-
ton, D.C. 20460.
?
nited States Environmental Protection Agency
Proposes Standards for Lead-Based Paint Hazards
in Pre-1978 Housing and Child-Occupied Facilities
On June 3, 1998, the United States Environmental
Protection Agency (USEPA) proposed standards for lead-
based paint hazards in pre-1978 housing and child-
occupied facilities. 63 Fed. 30301 (June 3, 1998). The
regulations implement the Toxic Substances Control Act
(15 U.S.C. § 2601 (1996)) also known as “Title X.” The
proposed regulations are a focal point of the federal lead
program and implement regulations which deal with
worker training and certification, lead hazard disclosure in
real estate transactions, requirements for lead cleanup
under state authorities, lead hazard evaluation, and grant
assistance in lead abatement. The proposed regulations
also establish residential lead dust cleanup levels,
amendments to dust and soil sampling requirements, and
amendments to state program authorization requirements.
USEPA anticipates that the proposed regulations will help
to prevent lead poisoning in children under the age of six.
Written comments must be received on or before
September 1, 1998, and may be mailed (in triplicate) to:
Docket Number OPPTS-62156, OPPT Document Control
8
8
8
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(Continued from page 6)
Officer (7407), Office of Pollution Prevention and Toxics,
USEPA, 401 M Street, S.W., Room G099, Washington,
D.C. 20460.
?
nited States Environmental Protection Agency
Requests Comment About Proposed Federal
Consent Decree with American Honda Motors
Company, Inc. Covering Failure of On-Board Diag-
nostic Testing Equipment
On June 8, 1998, a proposed consent decree in United
States v. American Honda Motor Co., Inc., Civil Action
Number 98-01433, was filed with the United States
District Court for the District of Columbia. 63 Fed. Reg.
33394 (June 18, 1998). In this action, the United States
asserted that certain model-year 1995, 1996, and 1997
American Honda Motor Company, Inc. (American
Honda) vehicles fail to comply with the emission-control
requirements of the Clean Air Act (42 U.S.C. 7401
(1990)) and the regulations promulgated thereunder
relating to the detection of engine misfire through the use
of computerized on-board diagnostic testing.
In accordance with the proposed consent decree,
American Honda has agreed to resolve the United States’
claims by providing each current and all subsequent
owners of American Honda vehicles covered by the
settlement with a 14-year/150,000 mile extended emis-
sions warranty, a free engine check at any time between
50,000 and 75,000 miles (to identify emission-related
defects covered by the extended emissions warranty), and
a free tune up (to maintain the engines’ emissions
performance) at anytime between 75,000 and 150,000
miles of use. The consent decree requires American
Honda to notify affected owners (including persons who
purchase the vehicles from current owners) of the
extended emissions warranty and services available under
the consent decree following entry of the consent decree
by the District Court, again when each vehicle is ap-
proximately four years old, and when the vehicle is
approximately nine-years old.
Further, the proposed consent decree provides that
American Honda will pay $10.1 million in civil penalties
and spend $1 million to implement a supplemental
environmental project to enhance the use of on-board
diagnostic testing by states in connection with their motor
vehicle emissions inspection and maintenance programs.
Comments regarding the proposed consent decree
must be received by July 18, 1998, and should be
addressed to: Assistant Attorney General of the Environ-
mental and Natural Resources Division, Department of
Justice, Washington, D.C. 20530, and should refer to
United States v. American Honda Motor Co., Inc., Civil
Action Number 98-01433, D.J. Ref. 90-5-2-1-2170.
?
Section 28.1(d)(3) of the Environmental Protection Act (415 ILCS 5/28.1(d)(3) (1996)) requires the Board to annually
publish in the
Environmental Register
a listing of all determinations made pursuant to Section 28.1 at the end of each
fiscal year. This notice sets forth all adjusted standard and combine sewer overflow exception determinations made
by the Board during the fiscal year 1998 (July 1, 1997, through June 30, 1998).
Final Actions Taken by the Pollution Control Board in Adjusted Standards Proceedings During Fiscal Year 1998
(July 1, 1997, through June 30, 1998)
Docket/Docket Title Final Determination
AS 94-006: In the Matter of: Petition of Hydrosol,
Inc. for an Adjusted Standard from 35 Ill. Adm.
Code 218.Subpart DD
On December 18, 1997, the Board dismissed the
petition for an adjusted standard from the volatile
organic emission air standards for aerosol can filling
operations filed on behalf of this Cook County
facility. The Board found that the petition was
deficient as of March 3, 1994, and no other filings
were received by the Board in over three years.
8
'08+410/'06#.?4')+56'4?0Q?????
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Docket/Docket Title Final Determination
AS 96-006: In the Matter of: Petition of Amoco
Oil Company for an Adjusted Standard from 35 Ill.
Adm. Code 721.Subpart D
On December 18, 1997, the Board denied the
petition for an adjusted standard from hazardous
waste listing and identification regulations for
dissolved air flotation floats under 35 Ill. Adm.
Code 721.132
filed on behalf of this Madison
County refinery. The Board found that petitioner
did not follow the specified procedures in testing
demonstration samples and therefore did not meet
the requirements for the requested hazardous waste
delisting.
AS 97-002: In the Matter of: Petition of Chemetco,
Inc. for an Adjusted Standard from 35 Ill. Adm.
Code 720.131(a) and (c)
On March 19, 1998, the Board denied the petition
for an adjusted standard from certain solid waste
listing and identification regulations filed on behalf
of this Madison County facility for 40,000 tons of
zinc oxide material. The Board found that petitioner
failed to provide sufficient evidence in support of
the requested the solid waste delisting.
AS 97-005: 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 97-006: In the Matter of: Petition of Granite
City Steel for an Adjusted Standard from 35 Ill.
Adm. Code 302.212 and 302.213, Water Quality
Standards Relating to Ammonia
On May 7, 1998, the Board granted petitioner an
adjusted standard from regulations that limit the
amount of volatile organic material that may be
contained in coatings it applies to products manu-
factured at its Ogle County facility. The adjusted
standard will terminate on May 7, 2008.
On May 21, 1998, the Board granted voluntary
withdrawal of this petition filed on behalf of this
Madison County facility for an adjusted standard
from certain water quality standards relating to its
ammonia discharges from its wastewater treatment
plant.
AS 97-008: In the Matter of: Petition of Southern
Illinois Regional Landfill, Inc. (SIRL) for an
Adjusted Standard from 35 Ill. Adm. Code 811.309
On July 10, 1997, the Board granted this Jackson
County landfill an adjusted standard, with condi-
tions, from certain leachate treatment and disposal
system regulations.
AS 97-010: In the Matter of: Petition of Waste
Professionals, Inc. d/b/a Pekin Landfill for an
Adjusted Standard from 35 Ill. Adm. Code
814.Subpart D
On February 19, 1998, the Board granted this
Tazewell County landfill an adjusted standard, with
conditions, from certain permitting and other
requirements regarding closure of landfills. In
accordance with the Board order, petitioner must
begin closure of the landfill no later than November
18, 1998.
AS 97-011: In the Matter of: Petition of the
Greater Rockford Airport Authority for an Adjusted
Standard from 35 Ill. Adm. Code 814.Subpart D
On May 7, 1998, the Board granted voluntary
withdrawal of this petition filed on behalf of a
Winnebago County facility for an adjusted standard
for its landfill.
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?
Docket/Docket Title Final Determination
AS 98-001: In the Matter of: Petition of Carus
Chemical Company for an Adjusted Standard from
35 Ill. Adm. Code 814.Subpart D
On September 18, 1997, the Board granted this
LaSalle County facility an adjusted standard, with
conditions, from certain permitting and other
requirements regarding closure of landfills. In
accordance with the Board order, petitioner may not
accept any waste on or after March 18, 1999.
AS 98-005: In the Matter of: Petition of the
Metropolitan Water Reclamation District of Greater
Chicago for an Adjusted Standard from 35 Ill. Adm.
Code 811, 812, and 817 (Sludge Application)
On May 7, 1998, the Board dismissed the petition
for an adjusted standard as petitioner’s requested
relief is duplicative of an adjusted standard previ-
ously granted by the Board in In the Matter of:
Petition of the Metropolitan Water Reclamation
District of Greater Chicago for an Adjusted
Standard from 35 Ill. Adm. Code 811, 812, and 817
(Sludge Application) AS 95-4, August 24, 1995.
AS 98-007: In the Matter of: Petition of the City of
Belleville, Illinois for an Adjusted Standard from 35
Ill. Adm. Code 306.305
On June 18, 1998, the Board granted voluntary
withdrawal of this petition filed on behalf of a St.
Clair County facility for an adjusted standard. The
petition sought relief from the disinfection require-
ment for excess flows discharged from one of its lift
stations.
Final Actions Taken by the Pollution Control Board in Combine Sewer Overflow Exception Proceedings During
Fiscal Year 1998 (July 1, 1997, through June 30, 1998)
The Board took no final actions in combined sewer overflow exception proceedings during fiscal year 1998.
Address
written comments or request copies
, noting the appropriate docket number, to:
Name: Dorothy Gunn, Clerk
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone: 312/814-3620
Address
questions
concerning this notice, noting the appropriate docket number, to:
Name: Amy Muran Felton, Attorney
Address: Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Telephone: 312/814-7011
Internet: amuranfe@pcb084r1.state.il.us
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5[UVGOU??+PE???0Q????????????????????WPRWDNKUJGF?QTFGT?WPFGT?+NNKPQKU?5WRTGOG?%QWTV?4WNG?????
First District Affirms Board’s Adoption of a Federal Hazardous Waste Delisting of Electric Arc Furnace Dust
Through the Identical-In-Substance Procedure.
orsehead Resource Development Company, Inc.
(Horsehead) appealed the Board’s June 20, 1996
order adopting a federal hazardous waste
delisting of electric arc furnace dust (EAFD) treated by
Conversion Systems, Inc., (CSI) through the identical-in-
substance rulemaking procedure. This appeal was the first
challenge made to the Board’s use of the identical-in-
substance rulemaking process as defined in Section 7.2 of
the Environmental Protection Act (Act) and as mandated
in other sections for Board use in maintaining regulatory
parity with specified federal programs. See,
e.g.
Section
22.4 of the Act (415 ILCS 5/22.4 (1996)), which requires
the use of identical-in-substance rules adopted under the
federal Resource Conservation and Recovery Act of 1976
(RCRA). The appellate court affirmed the Board’s
decision, finding that Horsehead failed to establish the
Board exceeded its statutory authority under the Act by
promulgating the delisting through the identical-in-
substance procedure under Section 7.2(a) of the Act.
Until 1991, EAFD was a listed hazardous waste and
was subject to RCRA land disposal restrictions. These
restrictions made disposal of the EAFD more costly than a
non-hazardous waste. In 1991, the United States Envi-
ronmental Protection Agency (USEPA) delisted EAFD
treated by the high temperature metals recovery process
being used by Horsehead. As a result of this delisting,
Horsehead gained an economic advantage over others in
the industry for whom the EAFD was still a listed
hazardous waste.
In 1993, CSI obtained a USEPA delisting of its
EAFD which was treated by a “Super Detox” process.
CSI then requested that Illinois adopt the USEPA’s
delisting of the “Super Detox” treated EAFD. The Board
issued a proposed opinion in February 1996,
which adopted the federal delisting using the identical-in-
substance process authorized by Sections 7.2(a) and 22.4
of the Act. Horsehead filed comments objecting to the
adoption of the federal delisting. Nevertheless, on June
20, 1996, the Board entered a final opinion which adopted
the federal delisting by use of the identical-in-substance
process. The Board noted that the identical-in-substance
process does not allow or require the Board to reconsider
the merits of a USEPA delisting.
On appeal, Horsehead argued that the Board ex-
ceeded its statutory authority in utilizing the identical-in-
substance procedure to adopt the federal delisting.
Horsehead asserted that the Board should have instead
followed the adjusted standard process, pursuant to
Section 28.1 of the Act and Sections 720.120(a) and
720.122(m) and (n) of the Board’s rules, in considering
the delisting.
In affirming the Board’s decision, the appellate court
reasoned that the Board’s interpretation of the Act, which
it is charged with administering, is entitled to deference.
Furthermore, when the Board exercises its rulemaking
powers, it is acting in a quasi-legislative capacity and can
only be overturned if it is found to act in an arbitrary and
capricious manner.
Looking to the language of Sections 720.120(a) and
720.122(m) and (n) of the Illinois Administrative Code,
the court found no support for Horsehead’s contention
that the adjusted standard procedures were the only
procedures available to the Board for considering a
hazardous waste delisting. In fact, in Section 720.120(a),
the Board specifically reserved the option to use identical-
in-substance rulemaking procedures to adopt recent
federal delisting amendments and regulations.
Horsehead also argued that the Board erred in failing
to consider comments submitted in objection to the
proposed delisting. Since the court concluded that the
Board correctly used the identical-in-substance rulemak-
ing procedure, it did not address this argument. However,
on the issue of the identical-in-substance rulemaking
procedure, the court did restate the reasoning set forth in
H
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the Board’s final opinion as follows, “[t]he theory behind
the identical-in-substance procedure is that the USEPA
has reviewed all the merits of the actions that it has
undertaken, so substantive Board review of those actions
is not necessary.” For these reasons, the appellate court
concluded that Horsehead failed to carry its burden of
showing the Board’s decision to be arbitrary and capri-
cious. As a result, the Board’s decision was affirmed.
?
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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 - Adopted Rule, Final
Order, Opinion and Order. The Board adopted a final opinion and order
amending the standards for tiered approach to corrective action objectives (35
Ill. Adm. Code 742).
7-0
R98-15
In the Matter of: Clean-up Amendments to 35 Ill. Adm. Code Part 215
(Emission Standards and Limitations for Stationary Sources Located Outside the
Chicago and Metro East Ozone Non-Attainment Areas) - Adopted Rule, Final
Order, Opinion and Order. The Board adopted a final opinion and order
amending Subparts A (General Provisions), F (Coating Operations), and Z (Dry
Cleaners) of 35 Ill. Adm. Code 215 to achieve consistency between these
subparts and other Board regulations dealing with volatile organic material
emissions from stationary emission sources.
7-0
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 - 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 regulations.
7-0
ADJUSTED STANDARDS
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 directed petitioner to file
its proof of publication for this request for an adjusted standard by June 11,
1998, or this matter will be dismissed.
6-0
Hennessey
abstained
ADMINISTRATIVE CITATIONS
AC 98-15
County of Jackson v. Michael Nosovitsky - In response to a joint stipulation and
settlement agreement in this administrative citation action involving a Jackson
County facility, the Board dismissed the alleged violation against respondent for
causing or allowing open burning in violation of 415 ILCS 5/21(p)(3) (1996),
found this Jackson County respondent violated Section 21(p)(1) of the Environ-
mental Protection Act (415 ILCS 5/21(p)(1) (1996)), and ordered respondent to
pay a civil penalty of $500.
7-0
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ADMINISTRATIVE CITATIONS (CONT’D)
AC 98-25
IEPA v. Melvin C. Dyer - The Board found that this Coles County respondent
violated Sections 21(p)(1), (p)(3), and (p)(4) of the Environmental Protection
Act (415 ILCS 5/21(p)(1), (p)(3), (p)(4)(1996)) and ordered respondent to pay a
civil penalty of $1,500.
7-0
AC 98-26
IEPA v. Jay Greer - The Board found that this Madison County respondent
violated Section 21(p)(1) of the Environmental Protection Act (415 ILCS
5/21(p)(1) (1996)) and ordered respondent to pay a civil penalty of $500.
7-0
ADJUDICATORY CASES
Decisions
PCB 98-93
People of the State of Illinois v. Salt Creek Drainage Basin Sanitary District -
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 water enforcement action involving a DuPage County facility, ordered
respondent to pay a civil penalty of $30,000, and to cease and desist from further
violations.
6-0
Hennessey
abstained
PCB 98-123
People of the State of Illinois v. Gilster Mary Lee Corporation - 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 Randolph County facility, ordered
respondent to pay a civil penalty of $20,000, and to cease and desist from further
violations.
6-0
Hennessey
abstained
Provisional Variances
PCB 98-163
Caterpillar, Inc. (Mapleton Plant) v. IEPA - Upon receipt of an IEPA recom-
mendation, the Board granted this Peoria County facility a 45-day provisional
variance, subject to conditions, from certain conditions and effluent discharge
limits, as set forth in NPDES permit No. IL0001830 and in 35 Ill. Adm. Code
309.102(a) and 304.141(b).
6-0
Hennessey
abstained
Motions and Other Matters
PCB 93-191
People of the State of Illinois v. Lloyd Wiemann d/b/a Wiemann Ice and Fuel
and Lloyd Wiemann d/b/a Wiemann Ice and Fuel v. Texaco Refining and
Marketing, Inc., and Eugene & Cheryl Halbrooks as Cross-Respondents - The
Board granted cross-respondents’ motion for entry of appearance.
7-0
PCB 94-163
Richard E. Gaunt, Sr. V. IEPA - The Board granted petitioner’s motion for
withdrawal of this underground storage tank appeal involving a Tazewell
County
facility.
7-0
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??
PCB 95-143
Gordon Krautsack v. Bhogilal Patel, Subhash Patel, and Electronic Interconnect,
Inc., and Electronic Interconnect Corporation - The Board granted respondent
Electronic Interconnect, Inc.’s motion to correct its May 7, 1998 order.
7-0
PCB 96-181
ESG Watts, Inc. v. IEPA - The Board granted respondent’s motion for leave to
file instanter its response to petitioner’s motion for summary judgment. No
action was taken on petitioner’s motion for summary judgment.
7-0
PCB 97-62
People of the State of Illinois v. Geon 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 Marshall County
facility, the Board ordered publication of the required newspaper notice.
7-0
PCB 97-210
ESG Watts, Inc. v. IEPA - The Board granted respondent’s motion for leave to
file instanter its response to petitioner’s motion for summary judgment. No
action was taken on petitioner’s motion for summary judgment.
7-0
PCB 98-84
Scott and Shelly Behrmann v. Okawville Farmers Elevator - St. Libory - The
Board granted complainants’ motion for leave to file and accepted its second
amended complaint.
7-0
PCB 98-120
Autotime/Bob Macas, Inc. v. IEPA - The Board accepted for hearing this appeal
of an underground storage tank decision involving a Cook County facility.
7-0
PCB 98-121
John Deere Harvester Works 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 Rock Island County
facility.
7-0
Motions and Other Matters(Cont’d)
PCB 98-128
SSCI Joint Venture, and The Coca-Cola 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 Cook
County facility.
7-0
PCB 98-132
Illinois State Toll Highway Authority (O’Hare-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 98-133
Illinois State Toll Highway Authority (Des Plaines-South-Oasis) v. IEPA - The
Board accepted for hearing this appeal of an underground storage tank decision
involving a Cook County facility.
7-0
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PCB 98-134
Illinois State Toll Highway Authority (Hinsdale-West-Oasis) v. IEPA - The
Board accepted for hearing this appeal of an underground storage tank decision
involving a Cook County facility.
7-0
PCB 98-135
Illinois State Toll Highway Authority (Lake Forest-West-Oasis) v. IEPA - The
Board accepted for hearing this appeal of an underground storage tank decision
involving a Lake County facility.
7-0
PCB 98-136
Illinois State Toll Highway Authority (Lake Forest-East-Oasis) v. IEPA - The
Board accepted for hearing this appeal of an underground storage tank decision
involving a Lake County facility.
7-0
PCB 98-137
Illinois State Toll Highway Authority (Des Plaines-North-Oasis) v. IEPA - The
Board accepted for hearing this appeal of an underground storage tank decision
involving a Cook County facility.
7-0
PCB 98-138
Illinois State Toll Highway Authority (Lincoln-North-Oasis) v. IEPA - The
Board accepted for hearing this appeal of an underground storage tank decision
involving a Cook County facility.
7-0
PCB 98-139
Illinois State Toll Highway Authority (O’Hare-West-Oasis) v. IEPA - The Board
accepted for hearing this appeal of an underground storage tank decision
involving a Cook County facility.
7-0
PCB 98-155
Leyden High Schools v. IEPA - The Board granted petitioner’s motion for
withdrawal of this request for a 90-day extension involving a Cook County
facility.
7-0
Motions and Other Matters(Cont’d)
PCB 98-159
Massac County School Unit District #1 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
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RULEMAKINGS
R97-29
In the Matter of: Amendments to Requirements for Landscape Waste Compost
Facilities, 35 Ill. Adm. Code 830.203©, 831.107, and 831.109(b)(3) - Proposed
Rule, First Notice, Opinion and Order. The Board adopted a first-notice
opinion and order in this proposed rulemaking to amend the location standards
for compost facilities.
6-0
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R98-9
In the Matter of: Municipal Solid Waste Landfill (MSWLF) Rules: Amend-
ments to 35 Ill. Adm. Code 811, 813, and 848 - Adopted Rule, Final Order,
Opinion and Order. The Board adopted a final opinion and order amending the
Board’s solid waste disposal regulations.
6-0
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 -
Adopted Rule, Final Order, Opinion and Order. The Board adopted a final
opinion and order amending the Board’s air pollution control regulations.
6-0
R98-17
In the Matter of: Exemptions from Definitions of VOM, USEPA Amendments
(July 1, 1997 through April 9, 1998) - Adopted Rule, Final Order, Opinion and
Order. The Board adopted a final opinion and order in this identical-in substance
rulemaking amending the Board’s air pollution control regulations.
6-0
R98-23
In the Matter of: Wastewater Pretreatment Update, USEPA Regulations (July 1,
1997 through December 31, 1997) - Adopted Rule, Final Order, Opinion and
Order. The Board adopted a final opinion and order in this “identical-in sub-
stance” rulemaking amending the Board’s wastewater pretreatment regulations.
5-0
Hennessey
abstained
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 - Adopted Rule,
Final Order, Opinion and Order. The Board adopted a final opinion and order
amending the Board’s air pollution control regulations.
5-1
Meyer dissented
ADJUSTED STANDARDS
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 granted petitioner’s
motion for withdrawal of this request for an adjusted standard involving a St.
Clair County facility.
5-0
Hennessey
abstained
'08+410/'06#.?4')+56'4?0Q?????
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ADMINISTRATIVE CITATIONS
AC 94-28)
AC 94-29)
AC 94-48)
AC 94-49)
AC 94-50)
AC 94-51)
AC 94-52)
AC 94-58)
AC 94-59)
AC 94-60)
AC 94-61)
AC 94-81)
AC 94-82)
AC 94-90)
AC 94-91)
AC 94-95)
AC 95-08)
AC 95-18)
AC 95-21)
AC 95-28)
AC 95-29)
Sangamon County v. ESG Watts, Inc. -
In response to a joint stipulation and
settlement agreement in these administrative citation actions involving a
Sangamon County facility, the Board dismissed AC 94-95, found this Sangamon
County respondent violated Section 21(o)(1), (5), and (12) of the Environmental
Protection Act (415 ILCS 5/21(p)(1), (5), (12) (1996)), and ordered respondent
to pay a civil penalty of $20,000.
6-0
AC 97-3
County of Will v. Charlotte Raymond, Dominick Raymond, Joseph Raymond,
Margaret Flamini, Frank Raymond, Jr., Andrea Domzalski, and Annette Stilts -
The Board granted complainant’s motion for withdrawal of this administrative
citation involving a Will County facility.
6-0
ADMINISTRATIVE CITATIONS (CONT’D)
AC 97-13
County of DuPage v. M. Saleem Choudhry - The Board entered an interim
opinion and order finding respondent violated Sections 21(p)(1) and 21(p)(4) of
the Act, 415 ILCS 5/21(p)(1), (4) (1996). The County of DuPage and the Clerk
of the Board are to file a statement of hearing costs, supported by affidavit, with
the Board and with service on respondent, within 21 days of this order, on or
before July 8, 1998 respondent. Respondent was given leave to file a reply to
the filings ordered in paragraph 2 of this order within 14 days after receipt of that
information, or on or before July 22, 1998.
6-0
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??
AC 98-28
County of Will v. Richard and Kim Guess - The Board found that these Will
County respondents violated Sections 21(p)(1) and (p)(3) of the Environmental
Protection Act (415 ILCS 5/21(p)(1), (3) (1996)) and ordered respondents to pay
a civil penalty of $1,000.
6-0
ADJUDICATORY CASES
Decisions
PCB 97-31
People of the State of Illinois v. Johnnie Mae Hendricks - The Board found that
this Macoupin County respondent violated various sections of the Environ-
mental Protection Act and Board regulations and ordered respondent to pay a
civil penalty of $39,000.
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5-0
Hennessey
abstained
Flemal and
Manning
concurred
PCB 97-223
People of the State of Illinois v. Allen Rose Cement and Construction Company
and Lindahl Brothers, Inc. - The Board granted relief from the hearing require-
ment of Section 31(c)(2) of the Environmental Protection Act, accepted a
stipulation and settlement agreement in this air enforcement action involving a
Cook County facility, ordered respondents to pay a civil penalty of $5,000, and
ordered them to cease and desist from further violations.
6-0
PCB 98-56
People of the State of Illinois v. Certified Wrecking Company, 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
air enforcement action involving facilities in Cook County, ordered respondent
to pay a civil penalty of $8,500, and order it to cease and desist from further
violations.
6-0
PCB 98-153
People of the State of Illinois v. Gilster Mary Lee Corporation - The Board
granted relief from the hearing requirement of Section 31(c)(2) of the Envi-
ronmental Protection Act, accepted a stipulation and settlement agreement in
this water enforcement action involving a Randolph County facility, ordered
respondent to pay a civil penalty of $8,000, and to cease and desist from
further violations.
5-0
Hennessey
abstained
Provisional Variances
PCB 98-163
City of Pontiac v. IEPA - Upon receipt of an IEPA recommendation, the
Board granted this Livingston County facility a 45-day provisional variance,
subject to conditions, from certain conditions and effluent discharge limits, as
set forth in NPDES permit No. IL0030457 and in 35 Ill. Adm. Code
304.141(a).
5-0
Hennessey
abstained
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MOTIONS AND OTHER MATTERS
PCB 92-161
National Steel Corporation Granite City Division v. IEPA - The Board granted
petitioner’s motion for withdrawal of this NPDES permit appeal involving a
Madison County facility.
5-0
Hennessey
abstained
PCB 97-174
Bernice Loschen v. Grist Mill Confections, Inc. - The Board granted the parties’
agreed motion for dismissal of this citizens air enforcement action involving a
Vermilion County facility.
6-0
PCB 97-207
People of the State of Illinois v. Inspiration Development Company - The Board
granted complainant’s agreed motion to stay complainant’s motion to strike
affirmative defenses. Respondent’s response to the motion to strike affirmative
defenses is now due by July 31, 1998.
6-0
PCB 97-215
People of the State of Illinois v. Keyser Industries, Inc., d/b/a Florida Plastics
International, 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 98-85
People of the State of Illinois v. The Central Illinois Conference of the United
Methodist Church - 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 McLean County facility, the Board
ordered publication of the required newspaper notice.
6-0
MOTIONS AND OTHER MATTERS (CONT’D)
PCB 98-88
PCB 98-115
PCB 98-124
PCB 98-125
PCB 98-132
PCB 98-133
PCB 98-134
PCB 98-135
PCB 98-136
PCB 98-137
PCB 98-138
PCB 98-139
Illinois State Toll Highway Authority v. IEPA - The Board granted the parties’
agreed motion to consolidate these 12 underground storage tank appeals.
6-0
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PCB 98-98
Environmentally Concerned Citizens Organization and Beth Finney v. Landfill
L.L.C. d/b/a West End Disposal Facility and Saline County Board of Commis-
sioners - The Board denied petitioners’ motion for reconsideration of the May
7, 1998 Board order.
6-0
PCB 98-143
Accurate Perforating Company, Inc. v. IEPA - The Board accepted for hearing
this appeal of an underground storage tank decision involving a Cook County
facility.
6-0
PCB 98-147
Jake Seabury v. IEPA - The Board denied petitioner’s request for a 90-day
extension of appeal period, but accepted petitioner’s letter requesting an
extension as a petition for review, ordering petitioner to file an amended
petition or the action would be subject to dismissal.
6-0
PCB 98-160
Devro-Teepak, Inc. v. IEPA - The Board accepted for hearing this trade secret
appeal involving a Vermilion County facility.
6-0
PCB 98-161
Devro-Teepak, Inc. v. IEPA - The Board accepted for hearing this trade secret
appeal involving a Vermilion County facility.
6-0
PCB 98-164
City of Rock Island v. IEPA - The Board granted petitioner’s application for
admission p
ro hac vice
for Thomas A. Hamilton, and held the request for
variance for the Rock Island facility, pending receipt of the IEPA’s recom-
mendation.
4-0
Hennessey and
Manning
abstained
MOTIONS AND OTHER MATTERS (CONT’D)
PCB 98-165
Safety Partners, Ltd. 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
Madison County facility.
6-0
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98-120
Autotime/Bob Macas, Inc. v. IEPA - The Board
accepted for hearing this appeal of an underground
storage tank decision involving a Cook County facility.
98-132
Illinois State Toll Highway Authority (O’Hare-
East-Oasis) v. IEPA - The Board accepted for hearing this
appeal of an underground storage tank decision involving
a Cook County facility.
98-133
Illinois State Toll Highway Authority (Des
Plaines-South-Oasis) v. IEPA - The Board accepted for
hearing this appeal of an underground storage tank
decision involving a Cook County facility.
98-134
Illinois State Toll Highway Authority (Hinsdale-
West-Oasis) v. IEPA - The Board accepted for hearing
this appeal of an underground storage tank decision
involving a Cook County facility.
98-135
Illinois State Toll Highway Authority (Lake
Forest-West-Oasis) v. IEPA - The Board accepted for
hearing this appeal of an underground storage tank
decision involving a Lake County facility.
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98-136
Illinois State Toll Highway Authority (Lake
Forest-East-Oasis) v. IEPA - The Board accepted for
hearing this appeal of an underground storage tank
decision involving a Lake County facility.
98-137
Illinois State Toll Highway Authority (Des
Plaines-North-Oasis) v. IEPA - The Board accepted for
hearing this appeal of an underground storage tank
decision involving a Cook County facility.
98-138
Illinois State Toll Highway Authority (Lincoln-
North-Oasis) v. IEPA - The Board accepted for hearing
this appeal of an underground storage tank decision
involving a Cook County facility.
98-139
Illinois State Toll Highway Authority (O’Hare-
West-Oasis) v. IEPA - The Board accepted for hearing
this appeal of an underground storage tank decision
involving a Cook County facility.
98-159
Massac County School Unit District #1 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.
98-162
People of the State of Illinois v. Judy Davis - The
Board accepted for hearing this land enforcement action
against a Henry County facility.
98-163
Caterpillar, Inc. (Mapleton Plant)v. IEPA - Upon
receipt of an IEPA recommendation, the Board granted
this Peoria County facility a 45-day provisional variance,
subject to conditions, from certain conditions and effluent
discharge limits, as set forth in NPDES permit No.
IL0001830 and in 35 Ill. Adm. Code 309.102(a) and
304.141(b).
AC 98-32
County of LaSalle v. Tom Dickey - The Board
accepted an administrative citation against this LaSalle
County respondent.
AC 98-33
County of LaSalle v. Mike and Janet Brown -
The Board accepted an administrative citation against
these LaSalle County respondents.
AC 98-34
IEPA v. Jeadon Leasing, Inc. - The Board
accepted an administrative citation against this Saline
County respondent.
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98-160
Devro-Teepak, Inc. v. IEPA - The Board accepted
for hearing this trade secret appeal involving a Vermilion
County facility.
98-161
Devro-Teepak, Inc. v. IEPA - The Board accepted
for hearing this trade secret appeal involving a Vermilion
County facility.
98-164
City of Rock Island v. IEPA - The Board granted
petitioner’s application for admission p
ro hac vice
for
Thomas A. Hamilton, but held the request for variance for
a Rock Island facility, pending receipt of the IEPA’s
recommendation.
98-165
Safety Partners, Ltd. 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 Madison
County facility.
98-166
People of the State of Illinois v. Brzuszkiewicz
Auto Rebuilders, Inc. - The Board accepted for hearing
this land enforcement action against a Cook County
facility.
AC 98-35
IEPA v. Richard Henderson d/b/a Henderson
Salvage - The Board accepted an administrative citation
against this Fulton County respondent.
AC 98-36
County of Vermilion v. Brickyard Disposal and
Recycling - The Board accepted an administrative citation
against this Vermilion County respondent.
AC 98-37
IEPA v. James Harris - The Board accepted an
administrative citation against this Knox County respon-
dent.
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%#.'0?1(?/''6+0)5
Date &
Time
Docket
Number
Case Name Location of Hearing
7/8/98
2:30 pm
Illinois Pollution Control Board Meeting James R. Thompson Center, 100 West
Randolph Street, Suite 9-040, Chicago,
IL
7/16/98
10:00 am
PCB 96-111 People of the State of Illinois v. John Chalmers,
individually and d/b/a John Chalmers Hog Farm
Illinois Pollution Control Board, Suite 402;
600 South Second Street; Springfield, IL
7/21/98
10:00 am
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)
Third Floor Conference Room, 600 South
Second Street, Springfield, IL
7/23/98
10:30 am
Illinois Pollution Control Board Meeting James R. Thompson Center, 100 West
Randolph Street, Suite 9-040, Chicago,
IL
7/31/981
10:00 am
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)
James R. Thompson Center, Pollution
Control Board, Suite 11-500, 100 West
Randolph Street, Chicago, IL
8/6/98
10:30 am
Illinois Pollution Control Board Meeting James R. Thompson Center, 100 West
Randolph Street, Suite 9-040, Chicago,
IL
8/12/98
10:00 am
PCB 98-18 James R. and Lucille J. Metz v. United States
Postal Service
Illinois Pollution Control Board, Suite 402,
600 South Second Street, Springfield, IL
8/13/98
10:00 am
PCB 98-18 James R. and Lucille J. Metz v. United States
Postal Service
Illinois Pollution Control Board, Suite 402,
600 South Second Street, Springfield, IL
8/18/98
9:30 am
PCB 94-373 People of the State of Illinois v. Wayne Berger
and Berger Waste Management, Inc.
Olney City Hall, Council Chambers, 300
Whittle Avenue, Olney, IL
8/19/98
9:30 am
PCB 94-373 People of the State of Illinois v. Wayne Berger
and Berger Waste Management, Inc.
Olney City Hall, Council Chambers, 300
Whittle Avenue, Olney, IL
8/20/98
10:30 am
Illinois Pollution Control Board Meeting James R. Thompson Center, 100 West
Randolph Street, Suite 9-040, Chicago,
IL
8/20/98
9:30 am
PCB 94-373 People of the State of Illinois v. Wayne Berger
and Berger Waste Management, Inc.
Olney City Hall, Council Chambers, 300
Whittle Avenue, Olney, IL
8/21/98
9:30 am
PCB 94-373 People of the State of Illinois v. Wayne Berger
and Berger Waste Management, Inc.
Olney City Hall, Council Chambers, 300
Whittle Avenue, Olney, IL
9/3/98
10:30am
Illinois Pollution Control Board Meeting James R. Thompson Center, 100 West
Randolph Street, Suite 9-040, Chicago,
IL
9/17/98
10:30 am
Illinois Pollution Control Board Meeting James R. Thompson Center, 100 West
Randolph Street, Suite 9-040, Chicago,
IL
,//,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*
July 9
July 23
September 3
September 17
November 5
November 19
August 6 +
August 20
October 1
October 15
December 3
December 17
* All Chicago Board Meetings will be held at 10:30 a.m. in Conference Room 9-040.
+ The August 6 meeting was originally scheduled to be held in Springfield, but it has been changed to Chicago.
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
Nicholas J. Melas
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/
