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58/(0$.,1*?83'$7(
oard Accepts Proposal for
Hearing in In the Matter of:
Permitting Procedures for
the Lake Michigan Basin, 35 Ill.
Adm. Code 301 and 301.141,
R99-8
On August 6, 1998, the Board
accepted for hearing a proposal for
rulemaking in In the Matter of:
Permitting Procedures for the Lake
Michigan Basin, 35 Ill. Adm. Code
301 and 301.141. On July 28,
1998, the Illinois Environmental
Protection Agency (IEPA) filed a
rulemaking proposal pursuant to
Section 27 of the Environmental
Protection Act (Act) (415 ILCS
5/27 (1996)) to amend the Board’s
water regulations. The IEPA stated
that its proposed amendments were
submitted to determine whether the
IEPA’s regulations adopted at 35
Ill. Adm. Code 352 are consistent
with the Board’s regulations and, if
not, to determine which regulations
should be amended. Hearings in
this matter are currently scheduled
for October 5, 1998, at 10:00 a.m.
in room 9-040 of the James R.
Thompson Center, 100 W.
Randolph Street, Chicago and
(Rulemaking Update Continued
on page 2)
)('(5$/?$&7,216
nited States Environmental Protection Agency Extends Approval of
Illinois’ Clean Air Act Operating Permit Program Until June 1, 2000
On July 27, 1998, the United States Environmental Protection Agency
(USEPA) extended approval of Illinois’ Clean Air Act operating permit program
until June 1, 2000. 63 Fed. Reg. 40054 (July 27, 1998). The USEPA indicated
that the extension will allow time to correct interim approval deficiencies to be
combined with additional revisions anticipated to be promulgated in December
1999. This direct final rule is effective September 10, 1998.
?
nited States Environmental Protection Agency Reaches Settlement
Agreement in United States v. Anamet, Inc.,
et al
. Regarding Dunovan
Oil Site in Oakwood, Vermilion County
On July 28, 1998, the United States Environmental Protection Agency
reached a settlement with the defendants in United States v. Anamet, Inc.
et al
.,
Civil No. 98-2174, filed in the United States District Court for the Central
District of Illinois. 63 Fed. Reg. 43723 (August 14, 1998). The complaint filed
by the United States sought to recover costs incurred by the United States
pursuant to the Comprehensive Environmental Response Compensation and
Liability Act (CERCLA) (42 U.S.C. § 9601
et seq.
(1990)) at the Dunovan Oil
Site in Oakwood, Vermilion County. The settlement requires Anamet, Inc.,
Citizens Gas and Coke Utility, Nacco Materials Handling Group, Inc., General
Electric Co., General Motors Corp., Panhandle Eastern Pipeline Co., R.R.
Donnelly & Sons, Trunkline Gas Co., UNR Industries, Walker Construction Co.,
Board of Trustees of the University of Illinois, Liquid Waste Removal, and
(Federal Actions Continued on page 2)
(
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58/(0$.,1*?83'$7(
(Continued from page 1)
December 8, 1998, at 10:00 a.m. in room 403 at 600
S. Second St., Springfield.
Please direct any questions regarding this rule-
making to Marie Tipsord, 312/814-4925; e-mail
address: mtipsord@pcb084r1.state.il.us
?
oard Grants Petition for an Adjusted Stan-
dard in In the Matter of: Petition of Central
Can Company for an Adjusted Standard from
35 Ill. Adm. Code Part 218, AS 94-18
On August 6, 1998, the Board granted the petition
of Central Can Company, located in Chicago, Cook
County, for an adjusted standard from 35 Ill. Adm.
Code 218 so that it may apply cross-line averaging in
calculating emissions of volatile organic materials
from its coating line, on which it coats metal contain-
ers of various sizes and thicknesses. The Board
found that Central Can Company met the four
necessary criteria set forth in Section 28.1(a) of the
Environmental Protection Act (415 ILCS 5/28.1(a)
(1996)) for the grant of an adjusted standard. The
adjusted standard, with conditions, is retroactively
effective from July 1, 1991.
?
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Gurney J. Busch, Inc., to reimburse the United States
in the amount of $175,000 in past costs incurred by
the United States in connection with remediation of
the Dunovan Oil Site.
?
nited States Environmental Protection Agency
Proposes Amendments to the Requirements
Applicable to Class V Underground Injection
Control Wells
On July 29, 1998, the United States Environ-
mental Protection Agency (USEPA) proposed
amendments to the requirements for three kinds of
Class V underground injection control (UIC) wells:
motor vehicle waste disposal wells; industrial waste
disposal wells in source-water protection areas; and
large-capacity cesspools. 63 Fed. Reg. 40585 (July
29, 1998). The USEPA anticipates that targeting the
requirements to these three types of wells will achieve
substantial protection of underground sources of
drinking water. The USEPA is also proposing to
consolidate Class V UIC well owners and operators
to understand when and how the regulations apply to
them.
If adopted by the USEPA, the Board will adopt
these amendments in a routine identical-in-substance
rulemaking in accordance with Sections 7.2 and 13.3
of the Environmental Protection Act (415 ILCS 5/7.2,
13.3 (1996)).
?
nited States Environmental Protection Agency
Publishes Guidance Interpreting the Term
“Constructed Conveyances”
On August 5, 1998, the United States Environ-
mental Protection Agency (USEPA) published
guidance interpreting “constructed conveyance,” as
set forth in the definition of “public water supply,” as
amended in the Safe Drinking Water Act (SDWA)
Amendments of 1996 (42 U.S.C. § 300f (1996)). 63
Fed. Reg. 41939 (August 5, 1998). The 1996
amendments to the SDWA broadened the definition
of “public water system” to include systems providing
water for human consumption that deliver this water
by “constructed conveyances,” such as irrigation
canals.
?
ddition of Hazardous Waste Listings for Four
Petroleum Refining Wastes
On August 6, 1998, the United States Environ-
mental Protection Agency (USEPA) adopted four
new hazardous waste listings for wastes generated by
the petroleum refining industry. 63 Fed. Reg. 42109
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(August 6, 1998). The USEPA also amended the
rules to encourage recycling oil-bearing residuals and
adopted land disposal restrictions for the four new
wastes. This action is taken under the authority of the
Resource Conservation and Recovery Act (RCRA)
(42 U.S.C. § 6901 (1976)), which authorizes the
USEPA to list wastes as hazardous. The effect of
listing these four wastes is to subject them to stringent
management and treatment standards under RCRA
and to emergency notification requirements for
releases of hazardous substances to the environment.
The Board anticipates adoption of these federal
amendments through Illinois’ Underground Injection
Control rules pursuant to Section 7.2 and 22.4(a) of
the Environmental Protection Act (415 ILCS 5/7.2,
22.4(a)(1996)).
?
nited States Environmental Protection Agency
Proposes National Emission Standards for
Hazardous Air Pollutants for Ferroalloys
Production
On August 4, 1998, the United States Environ-
mental Protection Agency (USEPA) proposed
national emission standards for hazardous air
pollutants (NESHAPs) for ferroalloys production,
which is an industry comprised of ferronickel
production facilities and ferromanganese, silicoman-
ganese, and ferrochromium production facilities. 63
Fed. Reg. 41508 (August 4, 1998). The USEPA has
identified these facilities as major sources of
hazardous air pollutant (HAP) emissions such as
nickel and manganese. Nickel compounds such as
nickel carbonyl and nickel subsulfate are some of the
most toxic compounds of nickel. They can adversely
effect the lungs and the kidneys. Symptoms such as
headaches, vomiting, chest pains, dry coughing, and
visual disturbances have been reported from short-
term exposure in humans.
Human and animal studies reveal an increased
risk of lung and nasal cancers from exposure to nickel
refinery dusts and nickel subsulfate. Chronic
exposure to nickel refinery dusts in humans also
results in respiratory effects such as asthma due to
primary irritation or an allergic response, and an
increased risk of chronic respiratory tract infections.
Manganese can also adversely effect human health,
specifically the central nervous system. The pro-
posed standard is intended to provide protection to
the public by requiring HAP emission sources at
these facilities to meet emission standards that reflect
the application of maximum achievable control
technology.
Public comments must be submitted to USEPA by
October 5, 1998. Please direct all public comments
to: Air and Radiation Docket and Information Center
(6102), Attention Docket A-92-59, Room M-1500,
USEPA, 401 M Street, S.W., Washington, D.C.
20460.
Any NESHAPs standards adopted by USEPA are
automatically applicable and enforceable under
Section 9.1(b) of the Environmental Protection Act
(415 ILCS 5/9.1(b) (1996)) without rulemaking by
the Board.
?
nited States Environmental Protection Agency
Adopts Final Rule Requiring Community
Water Systems to Prepare Annual Consumer
Confidence Reports
On August 19, 1998, the United States Environ-
mental Protection Agency (USEPA) promulgated a
final rule that requires community water systems to
prepare and provide to their customers annual
consumer confidence reports on the quality of the
water delivered by the systems. 63 Fed. Reg. 44511
(August 19, 1998). The USEPA states that this action
is mandated by the 1996 Safe Drinking Water Act
Amendments (SDWA Amendments) (42 U.S.C. §
300f (1996)). The changes stem from the SDWA
Amendments’ public right-to-know provisions (see 42
U.S.C. § 300g-3 (1996)). These reports will provide
valuable information to customers of community
water systems and allow them to make personal
health-based decisions regarding their drinking water
consumption. The reports will also provide access
though references and telephone numbers to source
water assessments, health effects data, and additional
information about the community water system. The
effective date of this rule is September 18, 1998.
The Board will adopt these amendments in a
routine identical-in-substance rulemaking pursuant to
Sections 7.2 and 17.5 of the Environmental Protec-
tion Act (415 ILCS 5/7.2, 17.5 (1996)).
?
8
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nited States Environmental Protection Agency
Adopts Revisions to Safe Drinking Water Act
Regarding Variances and Exemptions
On August 14, 1998, the United States Environ-
mental Protection Agency (USEPA) promulgated
revisions to existing regulations regarding the 1996
Safe Drinking Water Act Amendments (42 U.S.C. §
300f (1996)) variances and exemptions. 63 Fed. Reg.
43833 (August 14, 1998). The amendments establish
new provisions by which a small public water system
(system) may obtain a variance from complying with
national primary drinking water regulations under
certain specified conditions. First, a variance may
now be granted on the condition that the system
install the best technology, treatment technique, or
other means, which the USEPA finds available.
Second, before the USEPA will issue a variance,
Congress also requires primacy States/Tribes to
conduct an evaluation that satisfies the State/Tribe
that alternative sources of water are not reasonably
available to a system.
The amendments also specify a wider set of fac-
tors that need to be considered before an exemption
may be granted, to consider whether the public water
system is a “disadvantaged community,” and whether
management or restructuring changes can be made
that will result in compliance or, if compliance cannot
be achieved, would improve the quality of the
drinking water.
The Board will adopt these amendments in a
routine identical-in-substance rulemaking pursuant to
Sections 7.2 and 17.5 of the Environmental Protec-
tion Act (415 ILCS 5/7.2, 17.5 (1996)).
?
nited States Environmental Protection
Agency Issues Proposal for Public Comment
in Conjunction with National Primary
Drinking Water Regulations for Lead and Copper
On August 18, 1998, the United States Environ-
mental Protection Agency (USEPA) issued a proposal
for public comment regarding minor revisions to the
national primary drinking water regulations for lead
and copper. 63 Fed. Reg. 44214 (August 18, 1998).
On June 7, 1991, the USEPA promulgated national
primary drinking water regulations for lead and
copper. See 56 Fed. Reg. 26460 (June 7, 1991). The
USEPA is proposing to modify the way in which
compliance with optimal corrosion control require-
ments is determined for water systems subject to the
regulation’s water quality parameter monitoring
requirements and would give systems greater
flexibility and remove disincentives for water systems
to implement good process control procedures. The
USEPA states that the intended effect is to avoid
putting systems that monitor water quality parameters
more frequently than required under the lead and
copper regulations at greater risk of noncompliance
than those systems that only conduct the minimum
required monitoring. The USEPA also states that this
option would increase, and may decrease, the burden
associated with compliance with the lead and copper
rule. Send written comments (original and three
copies) by September 17, 1998, to: Lead and Copper
Rule Comment Clerk, Water Docket (MC-4101),
USEPA, 401 M Street, SW, Washington, D.C.
20460.
?
8
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RULEMAKINGS
R99-8
In the Matter of: Permitting Procedures for the Lake Michigan Basin, 35 Ill.
Adm. Code 301 and 309.141 - The Board accepted for hearing this Illinois
Environmental Protection Agency proposal to amend the Board’s water regula-
tions.
6-0
Hennessey
abstained
ADJUSTED STANDARDS
AS 94-18
In the Matter of: Petition of Central Can Company for an Adjusted Standard
from 35 Ill. Adm. Code 218 - The
Board granted an adjusted standard,
with conditions, from 35 Ill. Adm. Code Part 218.204(j), 218.205,
and 218.207, the volatile organic compound standards pertaining
to the coating of cans and pails, to this Cook County facility.
7-0
AS 98-3
In the Matter of: Petition of Sundstrand Corporation (Plant 1) for an Adjusted
Standard from 35 Ill. Adm. Code 215.204(j)(3) - The Board granted petitioner’s
motion for withdrawal of this request for an adjusted standard involving a
Winnebago County facility.
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 (Sludge Application) - The Board denied petitioner’s motion for modifica-
tion of the May 7, 1998 Board order.
6-0
Melas
abstained
AS 99-1
In the Matter of: Petition of the City of Belleville, Illinois, for an Adjusted
Standard from 35 Ill. Adm. Code 306.305 - The Board ordered petitioner to file
an amended petition by September 8, 1998, or this matter would be subject to
dismissal.
6-0
Hennessey
abstained
ADMINISTRATIVE CITATIONS
AC 97-13
County of DuPage v. Saleem M. Choudhry - The Board found that this DuPage
County respondent violated Sections 21(p)(1) and 21(p)(4) of the Environmental
Protection Act (415 ILCS 5/21(p)(1), 21(p)(4) (1996)) and ordered him to pay a
civil penalty of $1,000, reimburse the County for its hearing costs in the amount
of $1,379, and reimburse the Board for its hearing costs in the amount of $1,270.
7-0
'08+410/'06#.?4')+56'4?0Q?????
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ADMINISTRATIVE CITATIONS (CONT’D)
AC 98-29
IEPA v. Steve Gill d/b/a A Better Estimate Tree Service - In response to a joint
stipulation and settlement agreement in this administrative citation action
involving a Peoria County facility, the Board found respondent violated Section
21(p)(1) of the Environmental Protection Act (415 ILCS 5/21(p)(1) (1996)) and
ordered him to pay a civil penalty of $500.
7-0
AC 98-38
IEPA v. Michael Hogan - The Board found that this Livingston County respon-
dent violated Section 21(p)(1) of the Environmental Protection Act (415 ILCS
5/21(p)(3) (1996)) and ordered him to pay a civil penalty of $500.
7-0
AC 98-39
County of Jackson v. Greg Burris, individually and d/b/a Burris Disposal
Service - The Board found that this Jackson County respondent violated Section
21(p)(3) of the Environmental Protection Act and ordered him to pay a civil
penalty of $500.
7-0
ADJUDICATORY CASES
Decisions
PCB 98-85
People of the State of Illinois v. The Central Illinois Conference of the United
Methodist Church - 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 en-
forcement action involving a McLean County facility, ordered respondent to
pay a civil penalty of $15,000
?
to reimburse $40,076 to the Illinois Environ-
mental Protection Agency for costs it incurred at the site, and to cease and
desist from further violations.
7-0
Provisional Variances
PCB 99-22
Village of Amboy v. IEPA - Upon receipt of an Illinois Environmental Protec-
tion Agency recommendation, the Board granted this Lee County facility a 45-
day provisional variance, subject to conditions, from certain conditions and
effluent discharge limits, as set forth in 35 Ill. Adm. Code 304.141(a), 35 Ill.
Adm. Code 304.120(c), and National Pollutant Discharge Elimination System
Permit No. IL0027472.
6-0
Hennessey
abstained
#WIWUV???????????????????????????????????'08+410/'06#.?4')+56'4?0Q?????
?
Motions and Other Matters
PCB 93-73
J & M Plating, Inc. v. IEPA - The Board granted petitioner’s motion for
withdrawal of this Resource Conservation Recovery Act permit appeal involv-
ing a Winnebago County facility.
7-0
PCB 95-143
Gordon Krautsack v. Bhogilal Patel, Subhash Patel, Electronic Interconnect, Inc.,
and Electronic Interconnect Corporation - The Board denied petitioner’s motion
for reconsideration of the July 8, 1998 Board order.
7-0
PCB 97-193
People of the State of Illinois v. Community Landfill Company, Inc. - The
Board granted complainant’s motion to strike respondent’s first, third, and
fourth affirmative defenses. The Board on its own motion struck respondent’s
second affirmative defense.
7-0
PCB 98-21
Rohrman Midwest Motors, Inc. v. Office of the State Fire Marshal - The Board
granted respondent’s motion for summary judgment in this underground storage
tank appeal involving a Cook County facility.
7-0
PCB 98-80
People of the State of Illinois v. Craig Linton and Randy Rowe - The Board
denied complainant’s motion for summary judgment without prejudice.
7-0
PCB 98-118
Jack Donelson Sales Company v. IEPA - The Board granted petitioner’s motion
for withdrawal of this underground storage tank appeal involving a DuPage
County facility.
7-0
PCB 98-140
Rock Valley Oil & Chemical Co., Inc. v. Office of the State Fire Marshal - The
Board granted petitioner’s motion to amend its petition for review.
7-0
PCB 98-159
Massac County School Unit District #1 v. IEPA - Having previously granted a
request for a 90-day extension, the Board dismissed the matter because no
underground storage tank appeal was timely filed on behalf of this Massac
County facility.
7-0
PCB 98-173
McHenry County Defenders, Inc. v. IEPA and the City of Woodstock - The
Board denied respondents’ motion to dismiss, granted petitioner’s motion to
amend the petition, and accepted for hearing this permit appeal involving a
McHenry County facility.
6-0
Hennessey
abstained
'08+410/'06#.?4')+56'4?0Q?????
????#WIWUV?????
?
Motions and Other Matters (Cont’d)
PCB 99-18
BASF Corporation v. IEPA - The Board granted this request for a 90-day extension
of time to file a permit appeal on behalf of a Will County facility.
7-0.
PCB 99-20
L. Keller Oil Properties, Inc. (Salem/Keller Oil, Co.) v. IEPA - The Board accepted
for hearing this appeal of an underground storage tank decision involving a Marion
County facility.
7-0
%2$5'?$&7,216????????
RULEMAKINGS
R97-21
R98-3
R98-5
In the Matter of: RCRA Subtitle C (HW) 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 Subtitle C Update, USEPA Regulations (January 1,
1997, through June 30, 1997) - Adopted Rule, Final Order, Opinion and Order.
The Board adopted identical-in-substance amendments to the hazardous waste
and underground injection control regulations.
7-0
R99-3
In the Matter of: UST Update, USEPA Regulations (January 1, 1998, through
June 30, 1998) - The Board dismissed this reserved identical-in-substance
docket because the United States Environmental Protection Agency did not
amend its underground storage tank regulations during the update period of
January 1, 1998, through June 30, 1998.
7-0
R99-5
In the Matter of: Exemptions from Definitions of VOM, USEPA Amendments
(January 1, 1998, through June 30, 1998) -
??? ????? ????????? ???? ????????
?????????????????????? ?????? ??????? ??? ?????? ?????? ?????? ?????????????
?????????? ?????? ????????? ?? ?????????? ???? ??? ?????????? ?? ????????
??????? ???????? ??????????? ?????? ??? ?????? ?????? ?? ??????? ?? ?????
??????? ???? ??? ????? ??? ????? ?? ??? ?????
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7-0
#WIWUV???????????????????????????????????'08+410/'06#.?4')+56'4?0Q?????
?
RULEMAKINGS (CONT’D)
R99-9
In the Matter of: Hearings Pursuant to Specfic Rules, Proposed New Subpart
K, Involuntary Termination Procedures for EMSA’s 35 Ill. Adm. Code 106,
Subpart K - The Board granted petitioner’s motion for waiver of requirements
and accepted for hearing this Illinois Environmental Protection Agency pro-
posal to amend the Board’s procedural rules.
7-0
ADMINISTRATIVE CITATIONS
AC 98-40
IEPA v. Don Myers - The Board found that this Union County respondent
violated Section 21(p)(1) of the Environmental Protection Act (415 ILCS
5/21(p)(1) (1996)) and ordered him to pay a civil penalty of $500.
7-0
AC 98-42
Tazewell County v. Ron Boerema, Waste Professionals, Inc. - The Board found
that this Tazewell County respondent violated Section 21(o)(2) of the Environ-
mental Protection Act (415 ILCS 5/21(o)(2) (1996)) and ordered him to pay a
civil penalty of $500.
7-0
AC 99-1
IEPA v. Bruce Palmer Jr, - The Board found that this Henry 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
AC 99-2
IEPA v John Timpe and Diane Timpe - The Board found that these Macoupin
County respondents violated Sections 21(p)(1) and 21(p)(3) of the Environ-
mental Protection Act (415 ILCS 5/21(p)(1), (p)(3) (1996)) and ordered them to
pay a civil penalty of $1,000.
7-0
ADJUDICATORY CASES
Decisions
PCB 97-214
People of the State of Illinois v. Village of Carpentersville - 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 Kane County facility, ordered respondent to pay
a civil penalty of $17,000
?
and ordered respondent to cease and desist from
further violations.
6-0
Hennessey
abstained
'08+410/'06#.?4')+56'4?0Q?????
????#WIWUV?????
??
Decisions (Cont’d)
PCB 99-5
People of the State of Illinois v. Griffin Wheel Company - The Board granted
relief from the hearing requirement of Section 31© of the Environmental
Protection Act, accepted a stipulation and settlement agreement in this RCRA
enforcement action involving a Cook County facility, ordered respondent to
pay a civil penalty of $7,500, and ordered respondent to cease and desist from
further violations.
7-0
Provisional Variances
PCB 99-32
Equilon Enterprises, LLC, Argo Terminal v. IEPA - Upon receipt of an Illi-
nois Environmental Protection Agency recommendation, the Board granted
this Cook County facility a 45-day provisional variance, subject to conditions,
from certain conditions and effluent discharge limits, as set forth in National
Pollutant Discharge Elimination System Permit No. ILR001072.
6-0
Hennessey
abstained
PCB 99-34
City of Rockfalls v. IEPA - Upon receipt of an Illinois Environmental Protec-
tion Agency recommendation, the Board granted this Whiteside County facil-
ity a 45-day provisional variance, subject to conditions, from certain condi-
tions and effluent discharge limits, as set forth in 35 Ill. Adm. Code
304.141(a), 35 Ill. Adm. Code 304.120©, and National Pollutant Discharge
Elimination System Permit No. IL0026514.
6-0
Hennessey
abstained
PCB 99-35
Henkel Corporation v. IEPA - Upon receipt of an Illinois Environmental Pro-
tection Agency recommendation, the Board granted this Kankakee County
facility a 45-day provisional variance, subject to certain conditions as set forth
in special permit conditions 4 and 5 of Air Operating Permit Number 72-10-
0302.
7-0
Motions and Other Matters
PCB 96-180
Environmental Site Developers, Inc., Complainant/Counter-Respondent v.
White & Brewer Trucking, Inc., Respondent/Counter-Complainant - The
Board granted the parties a 90-day stay in this matter.
6-0
Hennessey
abstained
#WIWUV???????????????????????????????????'08+410/'06#.?4')+56'4?0Q?????
??
Motions and Other Matters (Cont’d)
PCB 98-86
People of the State of Illinois v. Harris Bank Barrington, as Trustee for
Trust No. 11-5062, Kurt Kresmery individually as beneficiary of Trust
No. 11-5062, and Kenneth Kresmery - 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 Kane County facility, the Board ordered publication of the required
newspaper notice.
7-0
PCB 98-109
Bloomington/Brandt Truck Line, Inc. v. IEPA - The Board granted
petitioner’s motion for withdrawal of this underground storage tank
appeal involving a McLean County facility.
7-0
PCB 98-114
David Mulvain v. Village of Durand, Rockford Blacktop Construction
Company, Inc., and the IEPA - The Board denied petitioner’s motion for
reconsideration of the May 21, 1998 Board order.
6-0
Hennessey
abstained
PCB 98-165
Safety Partners, Ltd. 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 Madison County
facility.
7-0
PCB 98-168
Good-Wood Finishing Company v. IEPA - The Board accepted for hearing
this appeal of an underground storage tank decision involving a Cook
County facility.
7-0
PCB 99-24
Burlington Northern and Santa Fe Railway 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 a Cook County facility.
7-0
PCB 99-25
St. Anthony Bank 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 99-26
People of the State of Illinois v. United Distillers Manufacturing, 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 Will County facility, the Board ordered
publication of the required newspaper notice.
6-0
Hennessey
abstained
'08+410/'06#.?4')+56'4?0Q?????
????#WIWUV?????
??
Motions and Other Matters (Cont’d)
PCB 99-28
Clayton Chemical Acquisition Limited Liability Company d/b/a Resource
Recovery Group, L.L.C. v. IEPA - The Board accepted for hearing and
consolidated with PCB 98-113 this RCRA permit appeal involving a St. Clair
County facility.
7-0
PCB 99-29
Harris Marcus Group, Inc. v. IEPA - The Board accepted for hearing this air
permit appeal involving a Cook County facility.
7-0
PCB 99-31
Cass County Service Company v. IEPA - The Board accepted for hearing this
tax certification appeal involving a Cass County facility
7-0
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99-18
BASF Corporation v. IEPA - The Board granted
this request for a 90-day extension of time to file a permit
appeal on behalf of a Will County facility.
99-19
Anthony and Karen Roti, Paul Rosenstrock, and
Leslie Weber v. LTD Commodities - The Board held for
duplicitous/frivolous determination, this citizens’ air
enforcement action involving a Lake County facility.
99-20
L. Keller Oil Properties, Inc. (Salem/Keller Oil,
Co.) v. IEPA - The Board accepted for hearing this appeal
of an underground storage tank decision involving a
Marion County facility.
99-21
Central Illinois Light Company (Duck Creek
Station) v. IEPA - The Board held for an Illinois Envi-
ronmental Protection Agency recommendation this
petition for water variance involving a Fulton County
facility.
99-22
Village of Amboy v. IEPA - Upon receipt of an
Illinois Environmental Protection Agency recommenda-
tion, the Board granted this Lee County facility a 45-day
provisional variance, subject to conditions, from certain
conditions and effluent discharge limits, as set forth in 35
Ill. Adm. Code 304.141(a), 35 Ill. Adm. Code 304.120(c),
and National Pollutant Discharge Elimination System
Permit No. IL0027472.
AC 99-2
IEPA v. John Timpe and Diane Timpe - The
Board accepted an administrative citation against these
Macoupin County respondents.
AC 99-3
IEPA v. City of Sesser - The Board accepted an
administrative citation against this Franklin County
respondent.
AC 99-4
IEPA v. City of Paris and Ingrum's Waste
Disposal - The Board accepted an administrative citation
against these Edgar County respondents.
AC 99-5
IEPA v. Richard Corson - The Board accepted
an administrative citation against this Menard County
respondent.
R99-8
In the Matter of: Permitting Procedures for the
Lake Michigan Basin, 35 Ill. Adm. Code 301 and 309.141
- The Board accepted for hearing this Illinois Environ-
mental Protection Agency proposal to amend the Board’s
water regulations.
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99-23
People of the State of Illinois v. Quad-County
Ready Mix Corporation d/b/a Washington County Ready
Mix - The Board accepted for hearing this air enforcement
action against a Washington County facility.
99-24
Burlington Northern and Santa Fe Railway
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 a Cook County facility.
99-25
St. Anthony Bank 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.
99-26
People of the State of Illinois v. United Distillers
Manufacturing, 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 Will County facility,
the Board ordered publication of the required newspaper
notice.
99-27
People of the State of Illinois v. James and Carol
Gilmer - The Board accepted for hearing this Resource
Conservation Recovery Act and water enforcement action
against a Douglas County facility.
99-28
Clayton Chemical Acquisition Limited Liability
Company d/b/a Resource Recovery Group, L.L.C. v.
IEPA - The Board accepted for hearing and consolidated
with PCB 98-113 this Resource Conservation Recovery
Act permit appeal involving a St. Clair County facility.
99-29
Harris Marcus Group, Inc. v. IEPA - The Board
accepted for hearing this air permit appeal involving a
Cook County facility.
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99-30
Lucille Wathen v. Daniel and Wendy Stryker - The
Board held for duplicitous/frivolous determination, this
citizen’s air enforcement action involving a Cook County
facility.
99-31
Cass County Service Company v. IEPA - The
Board accepted for hearing this tax certification appeal
involving a Cass County facility.
AC 99-6
IEPA v. Lawrence County Disposal Centre, Inc.,
S & S Grading of Illinois, Inc., and Gary McLaren - The
Board accepted an administrative citation against these
Lawrence County respondents.
AC 99-7
IEPA v. David Swearingen - The Board
accepted an administrative citation against this Moultrie
County respondent.
R99-9
In the Matter of: Hearings Pursuant to Specfic
Rules, Proposed New Subpart K, Involuntary Termination
Procedures for EMSA’s 35 Ill. Adm. Code 106, Subpart
K - The Board granted petitioner’s motion for waiver of
requirements and accepted for hearing this Illinois
Environmental Protection Agency proposal to amend the
Board’s procedural rules.
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Date &
Time
Docket
Number
Case Name Location of Hearing
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
9/17/98
10:00 am
AC 98-37 IEPA v. James Harris (Knoxville/Harris
Property) IEPA Docket No. 256-98-AC
Knox County Courthouse
200 South Cherry Street
Galesburg, IL
9/22/98
9:30 am
PCB 98-160 Devro-Teepak Inc. (Permit Application No.
95120325) v. IEPA
Vermilion County Courthouse Annex
County Board Room
6 North Vermilion
Danville, IL
9/22/98
9:30 am
PCB 98-160 Devro-Teepak Inc. (Permit Application No.
95120326) v. IEPA
Vermilion County Courthouse Annex
County Board Room
6 North Vermilion
Danville, IL
9/29/98
10:00 am
PCB 97-203 People of the State of Illinois v. Sirco Environ-
mental, Inc.
Pollution Control Board
Suite 402
600 South Second Street
Springfield, IL
9/29/98
10:00 am
R99-9 In the Matter of: Hearings Pursuant to Specific
Rules, Proposed New Subpart K, Involuntary
Termination Procedures for EMSA’s 35 Ill.
Adm. Code 106, Subpart K
James R. Thompson Center
Pollution Control Board
100 West Randolph
Suite 11-500
Chicago, IL
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10/1/98
10:30am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 West Randolph Street
Suite 9-040
Chicago, IL
10/5/98
10:00 am
R99-8 In the Matter of: Permitting Procedures for the
Lake Michigan Basin: 35 Ill. Adm. Code 301
and 309.141
James R. Thompson Center
100 West Randolph Street
Suite 9-040
Chicago, IL
10/6/98
1:30 pm
R99-9 In the Matter of: Hearings Pursuant to Specific
Rules, Proposed New Subpart K, Involuntary
Termination Procedures for EMSA’s 35 Ill.
Adm. Code 106, Subpart K
Pollution Control Board
Suite 402
600 South Second Street
Springfield, IL
10/15/98
10:30 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 West Randolph Street
Suite 9-040
Chicago, IL
10/19/98
10:00 am
R97-16 In the Matter of: Proportionate Share Liability Pollution Control Board
Suite 402, Room 403
600 South Second Street
Springfield, IL
10/20/98
10:00 am
R97-16 In the Matter of: Proportionate Share Liability Pollution Control Board
Suite 402, Room 403
600 South Second Street
Springfield, IL
11/5/98
10:30am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 West Randolph Street
Suite 9-040
Chicago, IL
11/19/98
10:30 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 West Randolph Street
Suite 9-040
Chicago, IL
12/3/98
10:30am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 West Randolph Street
Suite 9-040
Chicago, IL
12/8/98
10:00 am
R99-8 In the Matter of: Permitting Procedures for the
Lake Michigan Basin: 35 Ill. Adm. Code 301
and 309.141
Pollution Control Board
Suite 402, Room 403
600 South Second Street
Springfield, IL
12/17/98
10:30 am
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*
September 3
September 17
November 5
November 19
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 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/
