0299

FEDERAL ACTIONS
BOARD ACTIONS
NEW CASES
FEBRUARY 4, 1999 FEBRUARY 18, 1999
CALENDAR OF MEETINGSAND HEARINGS

FEBRUARY 1999

NUMBER 536

A PUBLICATION OF THE ILLINOIS POLLUTION CONTROL BOARD

NITED STATES ENVIRONMENTAL

PROTECTION AGENCY ISSUES

PROPOSED FINDING FOR CONTROL OF

EMISSIONS FROM NONROAD SPARK-

IGNITION ENGINES RATED ABOVE 19

KILOWATTS AND NEW LAND-BASED

RECREATIONAL SPARK-IGNITION ENGINES

FEDERAL ACTIONS

BOARD ACTIONS P. 5

NEW CASES P. 8

BOARD CALENDAR P. 9

INSIDE THIS ISSUE

RULEMAKING UPDATE

OARD ADOPTS RULES IN IN THE MATTER OF: HEARINGS PURSUANT TO SPECIFIC RULES,

PROPOSED NEW SUBPART K, INVOLUNTARY TERMINATION OF ENVIRONMENTAL MAN-

AGEMENT SYSTEM AGREEMENTS, 35 ILL. ADM. CODE 106, SUBPART K, R99-9

On February 4, 1999, the Board adopted rules at 35 Ill. Adm. Code 106, Involuntary

Termination Procedures for Environmental Management System Agreements

(EMSAs). Section 52.3 of the Environmental Protection Act (Act) (415 ILCS 5/52.3

(1996)) allows the Illinois Environmental Protection Agency (IEPA) to enter into

EMSAs with persons regulated under the Act. An EMSA is an agreement between a

person and the IEPA that allows the person to implement innovative environmental

measures in lieu of complying with otherwise applicable environmental laws or regu-

lations. The innovative measures should yield greater environmental benefits than

the otherwise applicable environmental laws or regulations.

Section 52.3 of the Act directed the IEPA to propose to the Board procedures and

criteria for involuntary termination of EMSAs. On August 17, 1998, the IEPA filed

a proposal for rulemaking and, on August 20, 1998, the Board adopted the proposal

for first notice without commenting on the merits of the IEPA’s proposal. A 45-day

public comment period commenced upon publication of the first-notice proposal in

the

Illinois Register

(see 22 Ill. Reg. 15926 (September 3, 1998)). The Board held

two hearings in this matter: the first, in Chicago, on September 29, 1998; and the

the proposal for second-notice review by the Joint Committee on Administrative

Rules (JCAR). JCAR considered the rules at its January 12, 1999 meeting and voted

no objection to the rules as proposed. The adopted rules are published at 21 Ill. Reg.

2697 (February 26, 1999).

RULEMAKING UPDATE CONTINUED ON PAGE TWO

On February 8, 1999, the United States

Environmental Protection Agency

(USEPA) proposed a finding that

nonroad spark-ignition engines rated

above 19 kilowatts, as well as all land-

based recreational nonroad spark-igni-

tion engines, cause or contribute to air

quality nonattainment in more than one

ozone or carbon monoxide

nonattainment area. 64 Fed. Reg. 6008

(February 8, 1999). The USEPA also

proposed a finding that particulate mat-

ter emissions from these engines cause

or contribute to air pollution that may

reasonably be anticipated to endanger

public health or welfare. The USEPA

states that this notice of proposed find-

ing sets in motion the eventual regula-

tion of emissions from these engines.

The USEPA has established emission

standards for several nonroad engine

categories. The categories of nonroad

engines for which standards currently

exist cover a variety of applications,

including farm and construction

FEDERAL ACTIONS CONTINUED

ON PAGE THREE

ENVIRONMENTAL REGISTER

FEBRUARY 1999

The rules provide that the IEPA may summarily terminate an

EMSA. However, the rules set forth the criteria that the IEPA

must satisfy to summarily terminate an EMSA. Summary ter-

minations of EMSAs are appealable to the Board for review of

permit decisions as provided in Section 40 of the Act. The

rules also contain provisions providing for filing of responses,

discovery requests, and burden of proof.

Please direct any further questions regarding this rulemaking

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

mcgill@pcb084r1.state.il.us

OARD ADOPTS AMENDMENTS IN IDENTICAL-IN-SUBSTANCE

RULEMAKING IN IN THE MATTER OF: SDWA UPDATE, USEPA

REGULATIONS (JANUARY 1, 1998, THROUGH JUNE 30, 1998), R99-6

On February 4, 1999, the Board adopted rules that are identi-

cal in substance to the National Primary Drinking Water regu-

lations (NPDWRs) adopted by the United States Environmen-

tal Protection Agency (USEPA). Section 17.5 of the Environ-

mental Protection Act (Act) (415 ILCS 5/17.5 (1996)) pro-

vides for quick adoption, pursuant to Section 7.2 of the Act, of

regulations that are identical in substance to federal regula-

tions that the USEPA adopts to implement sections of the Safe

Drinking Water Act (SDWA).

The adopted amendments implement Sections 1412(b),

1414(c), 1417(a), and 1445(a) of the SDWA (42 U.S.C. §§

300g-1(b), 300g-6(a), 300j-4(a)). This consolidated docket

includes federal SDWA amendments that the USEPA

adopted from January 1, 1998, through June 30, 1998. See

63 Fed. Reg. 23361 (April 28, 1998); 63 Fed. Reg. 31932

(June 11, 1998). The USEPA undertook two actions during

this period: a revision to the state primacy requirements that

included an expansion of the definition of the term “public

water system,” and the removal of the prohibition against the

use of point-of-use devices to achieve compliance with an

NPDWR.

The amendments are codified at 35 Ill. Adm. Code 611.101,

611.290, and 611.126. On November 19, 1998, the Board

adopted a proposal for public comment is this matter. The

proposal was thereafter published in the

Illinois Register

(see

22 Ill. Reg. 21236 (December 11, 1998).

Please direct any questions regarding this rulemaking to:

Michael McCambridge at 312/814-6924; e-mail address:

mmccambr@pcb084r1.state.il.us

OARD ADOPTS AMENDMENTS IN IDENTICAL-IN-SUBSTANCE

RULEMAKING IN IN THE MATTER OF: RCRA SUBTITLE D

UPDATE, USEPA REGULATIONS (JANUARY 1, 1998, THROUGH

JUNE 30, 1998), R99-1

On February 4, 1999, the Board adopted amendments in this

identical-in-substance rulemaking in In the Matter of: RCRA

Subtitle D Update, USEPA Regulations (January 1, 1998,

through June 30, 1998), R99-1. Section 22.40(a) of the Envi-

ronmental Protection Act (Act) (415 ILCS 5/22.40(a) (1996))

provides for quick adoption, pursuant to Section 7.2 of the Act,

of regulations that are identical in substance to federal munici-

pal solid waste landfill (MSWLF) regulations that the United

States Environmental Protection Agency (USEPA) adopts to

implement Sections 4004 and 4010 of the Resource Conserva-

tion and Recovery Act (RCRA) (42 U.S.C. §§ 6944 and 6949a

(1996)).

The federal action (see 63 Fed. Reg. 17706 (April 10, 1998))

that underlies this proceeding requires amendment of the Illi-

nois RCRA Subtitle D MSWLF regulations. In that federal

action, the USEPA adopted amendments that allow private

owners and operators of MSWLF facilities to use two addi-

tional mechanisms for establishing financial assurance for fa-

cility closure, post-closure care, and correction action. The

added mechanisms are a corporate financial test for self-assur-

ance and a corporate guarantee by a guarantor that has a “sub-

stantial business relationship” with the owner or operator. To

revise the Illinois regulations to incorporate the federal amend-

ments found at 40 C.F.R. §§ 258.74(e) and (g), the Board added

new Sections 811.719 and 811.720, respectively. The Board

also amended Sections 811.706, 811.707, and 811.Appendix

B to incorporate the two new financial mechanisms into Illi-

nois’ rules. Finally, the Board made several minor grammati-

cal changes to the text of the amended rules.

On November 19, 1998, the Board adopted a proposal for public

comment in this rulemaking. The proposed amendments were

thereafter published in the

Illinois Register

(22 Ill. Reg. 21276

(December 11, 1998).

Any questions regarding this rulemaking may be directed to

Michael McCambridge at 312/814-6924; e-mail address:

mmccambr@pcb084r1.state.il.us

OARD DISMISSES RESERVED IDENTICAL-IN-SUBSTANCE

RULEMAKING DOCKETS, R99-11, R99-13, AND R99-16

On February 18, 1999, the Board dismissed reserved identi-

cal-in-substance rulemakings dockets in In the Matter of: Defi-

nition of VOM Update, USEPA Regulations (July 1, 1998,

through December 31, 1998) (February 18, 1999), R99-11;

In the Matter of: UIC Update, USEPA Regulations (July 1, 1998,

through December 31, 1998) (February, 18, 1999), R99-13;

and In the Matter of: UST Update, USEPA Regulations

RULEMAKING UPDATE

CONTINUED FROM PAGE ONE

○

ENVIRONMENTAL REGISTER

FEBRUARY 1999

(July 1, 1998, through December 31, 1998) (February 18, 1999),

R99-16. In each program, the United States Environmental

Protection Agency (USEPA) did not amend its rules during

the period from July 1, 1998, through December 31, 1998.

Accordingly, no Board action is required so each reserved

docket was dismissed. Section 7.2 of the Environmental Pro-

tection Act (Act) (415 ILCS 5/7.2 (1996)) requires the Board

to adopt regulations which are identical in substance to regula-

tions adopted by the USEPA. The term identical in substance

is defined in Section 7.2 of the Act.

equipment, marine vessels, locomotives, and land and garden

equipment. Lawn and garden equipment use nonroad spark-

ignition engines, but these engines are generally rated below

19 kilowatts. Emission standards targeting lawn and garden

engines therefore apply only to engines rated at or below 19

kilowatts. In contrast, nonroad spark-ignition engines rated

above 19 kilowatts and all spark-ignition engines used in land-

based recreational applications are not currently subject to fed-

eral emission standards. The USEPA anticipates that various

commercial forklifts, generators, sprayers, cranes, and other

commercial equipment may be covered by these regulations.

NITED STATES ENVIRONMENTAL PROTECTION AGENCY

ADOPTS AMENDMENTS PURSUANT TO THE EMERGENCY

PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT REGARDING

HAZARDOUS CHEMICAL REPORTING THRESHOLDS FOR GASOLINE

AND DIESEL FUEL AT RETAIL GAS STATIONS

On February 11, 1999, the United States Environmental Pro-

tection Agency (USEPA) adopted amendments raising the

threshold levels that trigger Material Safety Data Sheet

(MSDS) reporting and annual chemical inventory report-

ing under Sections 311 and 312 of the Emergency Plan-

ning and Community Right-to-Know Act of 1986 (EPCRA)

(42 U.S.C. §§ 11021, 11022 (1986)), for gasoline and diesel

fuel stored entirely underground at retail gas stations that

comply with requirements for underground storage tanks.

64 Fed. Reg. 7031 (February 11, 1999). The amendments

promulgate new threshold levels of 75,000 gallons for gaso-

line and 100,000 gallons for diesel fuel. These new thresh-

old levels will relieve most retail gas stations from report-

ing gasoline and diesel fuel under EPCRA. The USEPA

anticipates that the amendments will reduce reporting bur-

dens while preserving the important public health and safety

benefits of the hazardous chemical reporting requirements.

NITED STATES ENVIRONMENTAL PROTECTION AGENCY

PROPOSES NATIONAL EMISSION STANDARDS FOR HAZARDOUS

AIR POLLUTANTS FOR SECONDARY ALUMINUM PRODUCTION

FACILITIES

On February 11, 1999, the United States Environmental Pro-

tection Agency (USEPA) proposed national emission standards

for hazardous air pollutants (NESHAP) for new and existing

sources at secondary aluminum production facilities. 64 Fed.

Reg. 6945 (February 11, 1999). Hazardous air pollutants

(HAP) emitted by these facilities which would be regulated

by this proposed rule include: HAP organics; HAP

inorganics (hydrogen chloride, hydrogen fluoride, and chlo-

rine), and particulate HAP metals. Some of these pollut-

ants, including 2-,3-,7-,8-tetrachlorodibenzo-p-dioxin, are

considered to be known or suspected carcinogens and all

can cause toxic effects following sufficient exposure.

The proposed standards are promulgated under the authority

of Section 112(d) of the Clean Air Act (42 U.S.C. § 7412(d)

(1990)) and are based on the USEPA Administrator’s determi-

nation that secondary aluminum production plants are major

sources of HAP emissions and emit several of the HAPs listed

in Section 112(b) of the Clean Air Act (42 U.S.C. § 112(b)

(1990)) from the various process operations found within the

aluminum production industry.

The USEPA anticipates that the proposed NESHAP would re-

duce risks to public health and the environment by requiring

secondary aluminum production plants to meet emission stan-

dards reflecting application of the maximum available control

technology. Secondary aluminum production plants that are

area sources would be subject to limitations on emissions of

dioxins and furans only. Implementation of the proposed

NESHAP would reduce emissions of HAPs and other pollut-

ants by about 16,600 megagrams per year,

i.e.,

18,300 tons per

year.

The Board anticipates that these amendments will be incorpo-

rated into an identical-in-substance rulemaking in accordance

with Sections 7.2 and 9.1(b) of the Environmental Protection

Act (415 ILCS 5/7.2, 9.1(b) (1996)).

NITED STATES ENVIRONMENTAL PROTECTION AGENCY AND

THE CENTERS FOR DISEASE CONTROL AND PREVENTION

ISSUE NOTICE OF DATA AVAILABILITY AND REQUEST FOR PUBLIC

COMMENTS REGARDING THE HEALTH EFFECTS FROM EXPOSURE TO

HIGH LEVELS OF SULFATE IN DRINKING WATER

On February 11, 1999, the United States Environmental Pro-

tection Agency (USEPA) and the Centers for Disease Control

and Prevention (CDC) issued a notice of data availability and

request for public comment regarding the health effects from

exposure to high levels of sulfate in drinking water. 64 Fed.

FEDERAL ACTIONS

CONTINUED FROM PAGE ONE

○

ENVIRONMENTAL REGISTER

FEBRUARY 1999

Reg. 7028 (February 11, 1999). In accordance with the Safe

Drinking Water Act, as amended in 1996 (42 U.S.C. § 300f

seq.

(1996)), the study is intended to establish reliable dose-

response relationships for the adverse human health effects from

exposure to sulfate in drinking water, including the health ef-

fects that may be experienced by sensitive populations (infants

and travelers). The USEPA and the CDC expect that they

will complete the study by the end of February 1999. The

USEPA indicated that the notice provides a summary of a

study entitled the “Health Effects from Exposure to High

Levels of Sulfate in Drinking Water Study” and the “Sep-

tember 28, 1998 Sulfate Workshop Summary.”

Public comments must be submitted to the USEPA on or be-

fore May 12, 1999. Send an original and three copies of your

comment to: The Comment Clerk, Docket Number W-99-01,

Water Docket (MC4101), USEPA, 401 M Street, S.W., Wash-

ington, D.C. 20460. For further information, please contact

the Safe Drinking Water Hotline at 1-800-426-4791.

NITED STATES ENVIRONMENTAL PROTECTION AGENCY

APPROVES ILLINOIS STATE IMPLEMENTATION PLAN: CLEAN

FUEL FLEET PROGRAM REVISION

On February 17, 1999, the United States Environmental Pro-

tection Agency (USEPA) approved a February 13, 1998 Illi-

nois State Implementation Plan (SIP) revision request pertain-

ing to the Illinois Clean Fuel Fleet Program. 64 Fed. Reg.

7788 (February 17, 1999). In this action, the USEPA approved

rules adopted by the Board in In the Matter of: Clean Fuel

Fleet Program (November 7 1997), R98-8. The SIP revision

delays the implementation of the Illinois Clean Fuel Fleet Pro-

gram purchase requirement from model year 1989 to model

year 1999, based on the USEPA’s decision to allow states to

delay purchase requirements. This change is intended to en-

sure successful implementation of the Illinois Clean Fuel Fleet

Program, and to ensure that an adequate supply of appropriate

vehicles is available for fleet operators to purchase once the

program is underway.

EPARTMENT OF JUSTICE ISSUES NOTICE OF PROPOSED

CONSENT DECREE IN UNITED STATES V. USX CORP.

ET AL.

REGARDING YEOMAN CREEK LANDFILL SUPERFUND SITE LOCATED

IN WAUKEGAN, LAKE COUNTY, ILLINOIS

On February 18, 1999, the Department of Justice issued a no-

tice of a February 4, 1999 proposed consent decree in United

States v. USX Corp.,

et al.

(N.D., IL), Civil No. 98 C 6489,

pertaining to the Yeoman Creek Landfill Superfund Site (site)

located in Waukegan, Lake County. The proposed consent

decree was issued in accordance with 28 C.F.R. § 50.7 and

Section 122 of the Comprehensive Environmental Response,

Compensation, and Liability Act (42 U.S.C. § 9622). The pro-

posed consent decree resolves the United States’ civil claims

against seven “settling work defendants” and three “settling

cash defendants.” The “settling work defendants” include:

Browning-Ferris Industries, Inc.; Browning-Ferris Industries

of Illinois, Inc.; The City of Waukegan, Illinois; the Goodyear

Tire & Rubber Company; The Dexter Corporation; Waukegan

Community School District Number 60; and Outboard Marine

Corporation. The “settling cash defendants” include:

Fansteel, Inc.; Abbott Laboratories; and the City of North

Chicago, Illinois. The proposed consent decree also re-

solves the alleged site-related liability of two “settling fed-

eral agencies,” the Department of the Navy and the De-

partment of Veteran Affairs.

Under the proposed consent decree, the “settling work de-

fendants” will commit to perform the remedy selected in

the USEPA’s Record of Decision for the site, at an esti-

mated cost of $26.3 million. The “settling cash defendants”

and the “settling federal agencies” will contribute a total

of $4,761,500 toward the costs of that work.

The proposed consent decree was finalized on March 18,

1999. Please contact Stuart Hersh at 312/886-6235 if you

have any questions regarding this matter.

NITED STATES ENVIRONMENTAL PROTECTION AGENCY

APPROVES ILLINOIS STATE IMPLEMENTATION PLAN: MOTOR

VEHICLE INSPECTION AND MAINTENANCE PROGRAM

On February 22, 1999, the United States Environmental Pro-

tection Agency (USEPA) approved the remaining portions of

a vehicle inspection and maintenance program submitted by

the State of Illinois on June 29, 1996; these had been condi-

tionally approved by the USEPA on June 25, 1996. 64 Fed.

Reg. 8517 (February 22, 1999). The final approval of the con-

ditionally-approved portions of the plan is based on Illinois’

June 21, 1997 and December 9, 1998 submittals of additional

documentation addressing the requirements of USEPA’s con-

ditional approval. See In the Matter of: Enhanced Vehicle

Inspection and Maintenance (I/M) Regulations: Amendments

to 35 Ill. Adm. Code 240 (July 8, 1998), R98-24. This revi-

sion to the Illinois program provides for the adoption and imple-

mentation of an enhanced inspection and maintenance program

in both the Chicago severe ozone nonattainment area and the

East St. Louis moderate ozone nonattainment area.

This rule is effective April 23, 1999, unless the USEPA re-

ceived adverse written comments by March 24, 1999. Written

comments should be sent to: J. Elmer Bortzer, Chief, Regula-

tion Development Section, Air Programs Branch (AR-18J),

USEPA, Region 5, 77 W. Jackson Blvd., Chicago, Illinois

60604.

○

ENVIRONMENTAL REGISTER

FEBRUARY 1999

RULEMAKINGS

R99-1

In the Matter of: RCRA Subtitle D Update, USEPA Regulations (January 1, 1998 through June 30, 1998) - The Board

adopted a final opinion and order in this “identical-in-substance” rulemaking to amend the Board’s hazardous waste disposal

regulations.

Vote: 7-0

R99-6

In the Matter of: SDWA Update, USEPA Regulations (January 1, 1998 through June 30, 1998) - The Board adopted a final

opinion and order in this “identical-in-substance” rulemaking to amend the Board’s public water supply regulations.

Vote: 7-0

R99-9

In the Matter of: Hearings Pursuant to Specific Rules, Proposed New Subpart K, Involuntary Termination of Environ-

mental Management System Agreements, 35 Ill. Adm. Code 106, Subpart K - The Board adopted a final opinion and order to

establish procedures for the involuntary termination of Environmental Management System Agreements.

Vote: 7-0

ADMINISTRATIVE CITATIONS

AC 99-24

County of Will v. Donna K. Kelly - The Board found that this Will 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.

Vote: 7-0

AC 99-25

County of Lake v. North Shore Sanitary District, Lake County - The Board found that this Lake County respondent

violated Section 21(o)(9) of the Environmental Protection Act (415 ILCS 5/21(o)(9) (1996)) and ordered respondent to pay a

civil penalty of $500.

Vote: 7-0

AC 99-26

IEPA v. Woodford Plaza, Inc. - The Board found that this Macon 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.

Vote: 7-0

AC 99-30

IEPA v. Streator Area Landfill, Inc. and Mark Hinds - The Board granted complainant’s motion to dismiss respon-

dent Mark Hinds from this action.

Vote: 7-0

ADJUDICATORY CASES

DECISIONS

PCB 93-3

People of the State of Illinois v. Archer Daniel Midland Company - The Board granted relief from the hearing

requirement of Section 31(c)(2) of the Environmental Protection Act

(415 ILCS 5/31(c)(2) (1996))

, accepted a stipulation and

settlement agreement in this air enforcement action involving a Peoria County facility, ordered respondent to pay a civil penalty

of $

75,000

, and to cease and desist from further violations.

Vote: 7-0

PCB 98-172

People of the State of Illinois v. City of Chester - The Board granted relief from the hearing requirement of Section

31(c)(2) of the Environmental Protection Act

(415 ILCS 5/31(c)(2) (1996))

, accepted a stipulation and settlement agreement in

this water enforcement action involving a Randolph County facility, ordered respondent to pay a civil penalty of $

10,000

, and

to cease and desist from further violations.

Vote: 7-0

PCB 99-85

People of the State of Illinois v. Camboni’s Incorporated d/b/a Wall’s Mobile Home Park - The Board granted relief

from the hearing requirement of Section 31(c)(2) of the Environmental Protection Act (415 ILCS 5/31(c)(2) (1996)), accepted

a stipulation and settlement agreement in this water enforcement action involving a DuPage County facility, ordered respondent

to pay a civil penalty of $10,000, and to cease and desist from further violations.

Vote: 7-0

BOARD ACTIONS

February 4, 1999

Chicago, Illinois

ENVIRONMENTAL REGISTER

FEBRUARY 1999

PROVISIONAL VARIANCES

PCB 99-96

Galesburg Sanitary District v. IEPA - The Board granted respondent’s motion to amend the January 7, 1999 Board

order.

Vote: 7-0

PCB 99-110

Chem Processing, Inc. v. IEPA - Upon receipt of an Illinois Environmental Protection Agency recommendation,

the Board granted an 18-day provisional variance to this Winnebago County facility from the 90-day limitation on the accumu-

lation of hazardous wastes

, as set forth in 35 Ill. Adm. Code 722.134(b).

Vote: 7-0

MOTIONS AND OTHER MATTERS

PCB 99-65

People of the State of Illinois v. Cheetah Cartage, Inc. - Upon receipt of a proposed stipulation and settlement

agreement and an agreed motion to request relief from the hearing requirement in this land enforcement action against a Kane

County facility, the Board ordered publication of the required newspaper notice.

Vote: 7-0

PCB 99-68

Huntsman Chemical Corporation v. IEPA - Having previously granted a request for a 90-day extension, the Board

dismissed the matter because no permit appeal was timely filed on behalf of this LaSalle County facility.

Vote: 7-0

PCB 99-91

Cloverhill Bakery v. IEPA - The Board granted petitioner’s motion for voluntary dismissal of this permit appeal

involving a Cook County facility.

Vote: 7-0

PCB 99-103

Dynachem v. IEPA - The Board granted this request for a 90-day extension of time to file a permit appeal on

behalf of a Vermilion County facility.

Vote: 7-0

PCB 99-106

Rapers Gas v. IEPA - The Board granted this request for a 90-day extension of time to file an underground storage

tank appeal on behalf of a Lake County facility.

Vote: 7-0

PCB 99-107

Dewey’s Service, Inc. v. IEPA - The Board dismissed this underground storage tank appeal involving a Winnebago

County facility as it was not timely filed.

Vote: 7-0

PCB 99-108

Waste Professionals, Inc. d/b/a Pekin Landfill v. IEPA - The Board accepted for hearing this permit appeal

involving a Tazewell County facility.

Vote: 7-0

RULEMAKINGS

R99-11

In the Matter of: Definition of VOM Update, USEPA Regulations (July 1, 1998 through December 31, 1998) - The

Board dismissed this reserved identical-in-substance docket because the United States Environmental Protection Agency did

not amend its exemptions from the definition of volatile organic material regulations

during the update period of July 1, 1998,

through December 31, 1998.

Vote: 7-0

R99-13

In the Matter of: UIC Update, USEPA Regulations (July 1, 1998 through December 31, 1998) - The Board dismissed

this reserved identical-in-substance docket because the two United States Environmental Protection Agency amendments to the

underground injection control regulations during the update period of July 1, 1998, through December 31, 1998, were added to

the Board’s rules in the consolidated dockets R98-21/R99-2/R99-7 adopted on December 17, 1998.

Vote: 7-0

R99-16

In the Matter of: UST Update, USEPA Regulations (July 1, 1998 through December 31, 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 July 1, 1998, through December 31, 1998.

Vote: 7-0

February 18, 1999

Chicago, Illinois

ENVIRONMENTAL REGISTER

FEBRUARY 1999

ADMINISTRATIVE CITATIONS

AC 98-41

IEPA v. Bradley G. White - The Board entered an interim opinion and order finding respondent violated Sections

21(p)(1) and (p)(3) of the Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(3) (1996)) and assessing a penalty of $1,000.

The Board ordered the Clerk of the Board and the Illinois Environmental Protection Agency to file within 14 days a statement

of hearing costs, supported by affidavit, with service on respondent.

Vote: 7-0

AC 99-20

IEPA v. Lawrence County Disposal Centre, Inc., S&S Grading of Illinois, Inc., and Gary McLaren - In response to

a joint stipulation and settlement agreement in this administrative citation action involving a Lawrence County facility, the

Board found respondents violated Sections 21(p)(1) and 21(p)(3) of the Environmental Protection Act (415 ILCS 5/21(p)(1),

21(p)(3) (1996)) and ordered respondents to pay a civil penalty of $1,000.

Vote: 7-0

AC 99-27

IEPA v. Ed Wright - The Board found that this Sangamon County respondent violated Sections 21(p)(1) and

21(p)(3) of the Environmental Protection Act (415 ILCS 5/21(p)(1), 21(p)(3) (1996)) and ordered respondent to pay a civil

penalty of $1,000.

Vote: 7-0

AC 99-28

IEPA v. A.J. Roofing Company, Inc.

The Board found that this Cook County respondent violated Sections 21(p)(1)

and 21(p)(5) of the Environmental Protection Act (415 ILCS 5/21(p)(1), 21(p)(5) (1996)) and ordered respondent to pay a civil

penalty of $500.

Vote: 7-0

ADJUDICATORY CASES

DECISIONS

PCB 99-100

People of the State of Illinois v. Hinz Lithographing Company - The Board granted relief from the hearing

requirement of Section 31(c)(2) of the Environmental Protection Act

(415 ILCS 5/31(c)(2) (1996))

, accepted a stipulation and

settlement agreement in this air enforcement action involving a Cook County facility, ordered respondent to pay a civil penalty

of $

5,000

, and to cease and desist from further violations.

Vote: 7-0

PCB 99-102

People of the State of Illinois v. The Scotts Company, an Ohio corporation - The Board granted relief from the

hearing requirement of Section 31(c)(2) of the Environmental Protection Act

(415 ILCS 5/31(c)(2) (1996))

, accepted a stipula-

tion and settlement agreement in this land enforcement action involving a Kendall County facility, ordered respondent to pay a

civil penalty of $

5,000

, and to cease and desist from further violations.

Vote: 7-0

MOTIONS AND OTHER MATTERS

PCB 97-50

Lionel P. Trepanier, Daniel Miller, Wes Wager, Maureen Cole, Lorenz Joseph, Maxworks Garden Cooperative,

and Avi Pandya v. Speedway Wrecking Company and Board of Trustees of the University of Illinois - The Board denied

respondents’ motions for sanctions and to dismiss.

Vote: 7-0

PCB 98-54

Edward Malina v. Jean Day - The Board denied both parties’ motions for summary judgment.

Vote: 7-0

PCB 98-80

People of the State of Illinois v. Craig Linton and Randy Rowe - The Board denied complainant’s motion to

reconsider.

Vote: 7-0 Board Members Hennessey and McFawn concurred.

PCB 99-36

Nina Enterprises, Inc. v. IEPA - The Board vacated its order of September 3, 1998, accepting this case for hearing

and dismissed this matter because petitioner failed to file this appeal within the 35-day appeal time period.

Vote: 7-0

PCB 99-75

General Electric Company v. IEPA - The Board accepted for hearing this permit appeal involving a LaSalle County

facility.

Vote: 7-0

PCB 99-76

Northrup Oil Company v. IEPA - Having previously granted a request for a 90-day extension, the Board dismissed

the matter because no permit appeal was timely filed on behalf of this Peoria County facility.

Vote: 7-0

PCB 99-77

Howard Warsaw v. IEPA - Having previously granted a request for a 90-day extension, the Board dismissed the

matter because no permit appeal was timely filed on behalf of this Tazewell County facility.

Vote: 7-0

ENVIRONMENTAL REGISTER

FEBRUARY 1999

PCB 99-81

Equilon Enterprises v. IEPA - Having previously granted a request for a 90-day extension, the Board dismissed the

matter because no permit appeal was timely filed on behalf of this Cook County facility.

Vote: 7-0

PCB 99-83

Illinois State Toll Highway Authority (Hinsdale Oasis East) v. IEPA

Having previously granted a request for a 90-

day extension, the Board dismissed the matter because no permit appeal was timely filed on behalf of this Cook County facility.

Vote: 6-0 Board Member Melas abstained

99-103

Dynachem v. IEPA - The Board granted this request

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

of a Vermilion County facility.

99-106

Rapers Gas v. IEPA - The Board granted this request

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

tank appeal on behalf of a Lake County facility.

99-107

Dewey’s Service, Inc. v. IEPA - The Board dismissed

this underground storage tank appeal involving a Winnebago

County facility as timely filed.

99-108

Waste Professionals, Inc. d/b/a Pekin Landfill v. IEPA

The Board accepted for hearing this permit appeal involving a

Tazewell County facility.

99-109

People of the State of Illinois v. Donald and Robert

Hastie d/b/a Hastie Trucking and Mining Company - Board

accepted for hearing this air enforcement action against a Hardin

County facility.

AC 99-31

County of Will v. Leonard Kubinski - The Board

accepted an administrative citation against this Will County

respondent.

NEW CASES

FEBRUARY 4, 1999

FEBRUARY 18, 1999

99-75

General Electric Company v. IEPA - The Board accepted

for hearing this permit appeal involving a LaSalle County fa-

cility.

99-111

People of the State of Illinois v. Gerry Rich d/b/a Rich

Pork Farm - The Board accepted for hearing this air enforce-

ment action against a Tazewell County facility.

99-112

People of the State of Illinois v. Bi-Petro, Inc. and

Timberlake Transportation and Transfer, Inc. - The Board ac-

cepted for hearing this air enforcement action against a Chris-

tian County facility.

AC 99-32

IEPA v. Roland Ransom III - The Board accepted

an administrative citation against this Scott County respondent.

AC 99-33

IEPA Randy Davis - The Board accepted an admin-

istrative citation against this Scott County respondent.

ENVIRONMENTAL REGISTER

FEBRUARY 1999

MARCH

10:30 am --

R99-18/Amendments to Permitting for

Used Oil Management and Used Oil Transport: 35 Ill. Adm.

Code 807 and 809

Illinois Pollution Control Board

600 S. Second Street

Hearing Room 403

Springfield, IL

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

10:00 am --

PCB 99-80/Central Illinois Light Com-

pany (E.D. Edwards Generating Station) v. IEPA

Peoria County Courthouse

Conference Room A

4th Floor

324 Main Street

Peoria, IL

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

9:30 am

-- PCB 97-50/Lionel Trepanier, Wes Wager,

Maureen Cole, Lorenz Joseph, Maxworks Garden Coopera-

tive and Avi Pandya v. Speedway Wrecking Company and the

Board of Trustees of the University of Illinois

James R. Thompson Center

100 W. Randolph Street

Suite 8-031

Chicago, IL

9:30 am

-- PCB 97-50/Lionel Trepanier, Wes Wa-

ger, Maureen Cole, Lorenz Joseph, Maxworks Garden Coop-

erative and Avi Pandya v. Speedway Wrecking Company and

the Board of Trustees of the University of Illinois

James R. Thompson Center

100 W. Randolph Street

Suite 8-033

Chicago, IL

9:30 am

-- PCB 97-50/Lionel Trepanier, Wes Wa-

ger, Maureen Cole, Lorenz Joseph, Maxworks Garden Coop-

erative and Avi Pandya v. Speedway Wrecking Company and

the Board of Trustees of the University of Illinois

James R. Thompson Center

100 W. Randolph Street

Suite 8-033

Chicago, IL

APRIL

9:30 am

-- PCB 97-234/Antonio D.H. Nam v.

Kikon Suh

James R. Thompson Center

100 W. Randolph Street

Suite 8-033

Chicago, IL

9:30 am --

PCB 97-234/Antonio D.H. Nam v.

Kikon Suh

James R. Thompson Center

100 W. Randolph Street

Suite 8-033

Chicago, IL

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

1:30 pm

-- AS 99-4/Petition of Sun Chemical Cor-

poration for Adjusted Standard from 35 Ill. Adm. Code

218.626(b)

James R. Thompson Center

100 W. Randolph Street

Room 11-512

Chicago, IL

9:30 am

-- PCB 99-38/Lawrence C Sweda v. Out-

board Marine Corporation and the City of Waukegan

Lake County Courthouse

Room 301

18 North County Street

Waukegan, IL

CALENDAR OF MEETINGS

AND HEARINGS

ENVIRONMENTAL REGISTER

FEBRUARY 1999

9:30 am

-- PCB 99-38/Lawrence C Sweda v. Out-

board Marine Corporation and the City of Waukegan

Lake County Courthouse

Room 301

18 North County Street

Waukegan, IL

MAY

11:30 am

Illinois Pollution Control Board Meeting

Springfield, IL

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

JUNE

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

JULY

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

AUGUST

11:30 am

Illinois Pollution Control Board Meeting

Springfield, IL

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

SEPTEMBER

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

OCTOBER

10:30 am

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 W. Randolph Street

Suite 2-025

Chicago, IL

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

NOVEMBER

11:30 am

Illinois Pollution Control Board Meeting

Springfield, IL

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

DECEMBER

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

10:30 am

Illinois Pollution Control Board Meeting

Chicago, IL

All Chicago Board Meetings will be held at the James R. Thompson Center, 100 W.

Randolph Street, Suite 9-040 unless otherwise noted.

All Springfield Board Meetings will be held at 600 S. Second Street, Hearing Room

403 unless otherwise noted.

ENVIRONMENTAL REGISTER

FEBRUARY 1999

Claire A. Manning, Chairman

Springfield

Ronald C. Flemal

DeKalb

G. Tanner Girard

Grafton

Kathleen M. Hennessey

Western Springs

Elena Z. Kezelis

Springfield

Marili McFawn

Inverness

Nicholas J. Melas

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.

Illinois Pollution Control Board Members:

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

600 South Second Street

Suite 402

Springfield, Illinois 62704

(217) 524-8500

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph, Suite 11-500

Chicago, Illinois 60601

(312) 814-3620

(312) 814-6032 TDD

WEB SITE:

http://www.ipcb.state.il.us/