JULY 1999

NUMBER 541

A PUBLICATION OF THE ILLINOIS POLLUTION CONTROL BOARD

INSIDE THIS ISSUE

RULEMAKING UPDATE

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RULEMAKING UPDATE CONTINUED ON PAGE THREE

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FEDERAL ACTIONS CONTINUED

ON PAGE TWO

LIST OF ADJUSTED STANDARDS P. 5

BOARD ACTIONS P. 7

NEW CASES P. 12

BOARD CALENDAR P. 13

U

nited States Environmental Protection

Agency Adopts Rules Designating Mercury-

Containing Lamps as Universal Waste Regulated

Under the Resource Conservation and Recovery

Act

On July 6, 1999, the United States Environmental

Protection Agency (USEPA) adopted rules

designating mercury-containing lamps as

universal waste regulated under the Resource

Conservation and Recovery Act (RCRA) (42

U.S.C. §§ 6901

et seq

.). 64 Fed. Reg. 36466

(July 6, 1999). The designation becomes

effective January 6, 2000.

B

oard Adopts Amendments for Public Comment in Identical-in-Sub

stance Rulemaking in In the Matter of: Wastewater Pretreatment

Update, USEPA Regulations (July 1, 1998, through December 31, 1998),

R99-17

On July 8, 1999, pursuant to Sections 7.2 and 13.3 of the Environmental

Protection Act (Act) (415 ILCS 5/7.2, 13.3 (1998)), the Board adopted

amendments to the Illinois wastewater pretreatment regulations. The

amendments establish in state law new standards and guidelines under

the Federal Water Pollution Control Act (FWPCA) (33 U.S.C. §§ 1251

et seq.

(1998)) for the pesticide chemicals manufacturing industry and

the pharmaceutical manufacturing industry.

Section 13.3 of the Act provides for quick adoption of the regulations

that are “identical-in-substance” to federal wastewater pretreatment

regulations adopted by the United States Environmental Protection

Agency (USEPA) pursuant to Sections 307(b), (c), and (d) and

402(b)(9) of the FWPCA (33 U.S.C. §§ 1317(b), (c), (d), 1342(b)(9)

(1998)). Section 13.3 of the Act also provides that Title VII of the Act

and Section 5 of the Administrative Procedure Act (5 ILCS 100/5-35, 5-

40 (1998)) do not apply to this rulemaking. Accordingly, this

rulemaking is not subject to first or second-notice review by the Joint

Committee on Administrative Rules.

The amendments incorporate certain federal amendments that occurred

during the period of July 1, 1998, through December 31, 1998. The

federal wastewater pretreatment regulations are found at 40 C.F.R. §§

400-499.

STAFF UPDATE

T

he Board welcomes Cameron Kline. Mr.

Kline joins the Board as the new Public

Information Coordinator. He received his bachelor

and master degrees from the University of Illinois at

Urbana. Prior to coming to the Board, he spent

one year in the Governor’s press office through the

Dunn Fellowship program, worked as an intern at

WDWS-AM in Champaign, and had an assistant-

ship with the National Center of Supercomputing

Applications at the U of I. Mr. Kline will work out

of the Board’s Springfield office.

A

my Hoogasian, formerly the Attorney Assistant

to Chairman Manning, has left the Board to

assume her new responsibilities at the Department

of Justice’s Immigration and Naturalization Service.

Chairman Manning and the Board wish to thank

Ms. Hoogasian for all of her hard work. We know

that she will excel in her new position.

FEDERAL ACTIONS

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ENVIRONMENTAL REGISTER

2

FEDERAL ACTIONS

CONTINUED

The USEPA states that, prior to adoption of these rules,

handlers of universal wastes were subject to less stringent

standards for storing, transporting, and collecting these

wastes. The USEPA has concluded that regulating spent

mercury-containing lamps under 40 C.F.R. 273 will lead to

better management of these lamps and will facilitate compli-

ance with hazardous waste requirements under RCRA. The

USEPA maintains that adoption of the rules, which stream-

lines the RCRA Subtitle C management requirements for

mercury-containing lamps, also supports energy conserva-

tion efforts.

On June 20, 1996, the Board adopted the Universal Waste

Rule and codified it at 35 Ill. Adm. Code 733. See In the

Matter of: RCRA Update, USEPA Regulations (1-1-95

through 6-30-95, 7-7-95, 9-29-95, 11-13-95 & 6-6-96) (June

20, 1996), R95-20.

In the Board’s opinion and order, the Board noted that the

“USEPA stated in adopting the [Universal Waste Rules] that

it intend[ed] to expand [the Universal Waste Rule’s] applica-

bility to new wastes in the future, such as fluorescent light

bulbs.”

Id

., slip op. at 24.

On August 19, 1997, Illinois Governor Jim Edgar signed

into law Public Act 90-502. Pub. Act 90-502, eff. August

19, 1997 (amended 415 ILCS 5/22.23a (1998)). This

legislation specifically designated high intensity discharge

lamps and fluorescent lamps as a category of universal

waste. It further required the Illinois Environmental Protec-

tion Agency (IEPA) to propose implementing regulations to

the Board within 60 days after the effective date of Public

Act 90-502 and for the Board to adopt such implementing

regulations within 180 days of receipt of the IEPA’s pro-

posal. On April 2, 1998, the Board adopted amendments

designating mercury-containing lamps as a category of

universal waste and standards for the management of this

category of universal waste. See In the Matter of: Amend-

ments to 35 Ill. Adm. Code 703, 720, 721, 724, 725, 728,

and 733 (Standards for Universal Waste Management (April

2, 1998), R98-12.

The Board will examine its existing rules to determine

whether any modification is necessary. If so, the Board will

adopt any necessary amendments in an identical-in-sub-

stance RCRA update rulemaking pursuant to Section 7.2 of

the Environmental Protection Act (415 ILCS 5/7.2 (1998)).

U

nited States Environmental Protection Agency

Approves the Illinois State Implementation Plan for

Hospital/Medical/Infectious Waste Incinerators.

On July 7, 1999, the United States Environmental Protection

Agency (USEPA) approved the Illinois State Implementation

Plan (Illinois SIP) for hospital/medical/infectious waste

incinerators (HMIWIs) submitted on May 28, 1999.

On May 6, 1999, the Board adopted the rules regulating

HMIWIs (see In the Matter of: Hospital/Medical/Infectious

Waste Incinerators: Adoption of 35 Ill. Adm. Code 229

(May 6, 1999), R99-10.

The Illinois SIP adopts and implements the USEPA’s

emissions guidelines (EGs) applicable to existing HMIWIs.

The effect of the USEPA’s approval of the Illinois SIP is that

the Illinois SIP meets Section 111(d) of the Clean Air Act

Amendments of 1990 (42 U.S.C. §§ 7401

et seq

. (1990)),

which requires that states submit a plan for the control of

emissions from any source for which the USEPA has

promulgated a performance standard.

The USEPA has promulgated new source performance

standards (NSPS) and the EGs to reduce emissions from

HMIWIs. 40 C.F.R. §§ 60.50c-60.58c, 60.30e-60.39e. The

NSPSs apply to HMIWIs for which construction began after

June 20, 1996, or for which a modification was begun after

March 16, 1998. The EGs apply to existing HMIWIs,

defined as ones for which construction began on or before

June 20, 1996. Unlike the NSPSs, the EGs do not establish

standards for HMIWIs. Rather, the EGs direct the states to

adopt plans regulating existing HMIWIs and establish

minimum elements required in the states’ plans. The rules

become effective September 7, 1999.

U

nited States Environmental Protection Agency Proposes

Procedural Amendments for Review of State Water

Quality Standards

On July 9, 1999, the United States Environmental Protection

Agency (USEPA) proposed procedural amendments for the

review of state water quality standards in accordance with

the Clean Water Act (42 U.S.C. §§ 1251

et seq.

). 64 Fed.

Reg. 37072 (July 9, 1999). The proposed amendments

provide that state water quality standards will not be effec-

tive as federal law until after the USEPA approves them.

Written comments may be filed with the USEPA on or

before August 23, 1999. Comments must be sent to: Docket

W-99-05, WQS-Approvals Comments Clerk, Water Docket,

MC 4101, USEPA, 401 M Street, SW, Washington, DC

20460.

U

nited States Environmental Protection Agency Issues

Advance Notice of Proposed Rulemaking Presenting

Potential Revisions to the Land Disposal Restriction Treat-

ment Standards Applicable to Mercury-Bearing Hazardous

Wastes

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JULY 1999

3

On July 27, 1999, the United States Environmental Protec-

tion Agency (USEPA) issued advance notice of a proposed

rulemaking presenting potential revisions to the land

disposal restriction treatment standards applicable to

mercury-bearing wastes. 64 Fed. Reg. 30534 (July 27,

1999). The advance notice of proposed rulemaking requests

comments on USEPA’s waste generation and treatment data

for mercury-bearing hazardous waste, as well as on technical

and policy issues regarding mercury waste treatment, and

potential avenues by which current mercury treatment

standards might be revised. The USEPA extended the

comment period from July 27, 1999, to October 25, 1999.

In order to comment on this advance notice of proposed

rulemaking, send an original and two copies of the com-

ments referencing docket number F-1999-MTSF-FFFFF to:

RCRA Docket Information Center, Office of Solid Waste

(5305G), USEPA, 401 M Street, SW, Washington, DC

20460.

U

nited States Environmental Protection Agency

Reproposes Second Phase Emission Regulations to

Control Emissions from New Nonroad Spark-Ignition

Handheld Engines

On July 28, 1999, the United States Environmental Protec-

tion Agency (USEPA) reproposed a second phase of

emission regulations to control emissions from new nonroad

spark-ignition handheld engines at or below 19 kilowatts (25

horsepower). 64 Fed. Reg. 40939 (July 28, 1999). The

engines covered by this proposal are used principally in

handheld lawn and garden equipment, such as trimmers, leaf

blowers, and chainsaws. The USEPA originally proposed

standards for these engines in January 1998. However,

recent dramatic advancements in small engine emission

control technology have led the USEPA to repropose

significantly more stringent standards for handheld engines

than the original proposal. The USEPA expects that the

newly proposed standards will result in an estimated 78

percent reduction of emissions of hydrocarbons plus oxides

of nitrogen from those achieved under the current Phase 1

standards applicable to handheld engines. The USEPA

states that the proposed standards for handheld engines are

scheduled to be phased in beginning with the 2002 model

year. The standards would result in important reductions,

which contribute to excessively high ozone levels in many

areas of the United States.

The proposed rules also affect Phase 2 nonhandheld engines.

The USEPA has proposed standards for two classes of

nonhandheld engines that would apply to engines below 100

cubic centimeters displacement used in nonhandheld

equipment applications. The USEPA is also proposing an

option that allows manufacturers to certify engines greater

than 19 kilowatts and less than or equal to one liter in

displacement to the small engine Phase 2 standards.

RULEMAKING UPDATE

CONTINUED

The USEPA amended its wastewater pretreatment regula-

tions four times during that period (see 63 Fed. Reg. 39443

(July 22, 1998);63 Fed. Reg.42238 (August 7, 1998); 63

Fed. Reg. 50388 (September 21, 1998); and 63 Fed. Reg.

64417 (November 20, 1998)). The amendments incorporate

all of these actions except the August 7, 1998 action, which

the Board previously incorporated in its prior wastewater

pretreatment update docket, In the Matter of: Wastewater

Pretreatment Update, USEPA Regulations (January 1, 1998,

through June 31, 1998) (March 18, 1999), R99-4. Although

not enacted within this docket’s stated time period, the

Board also incorporated federal actions promulgated on

March 4, 1999 and March 16, 1999 (see 64 Fed. Reg. 10391

(March 4, 1999) and 64 Fed. Reg. 13053 (March 16, 1999)).

The March 4, 1999 action corrected errors contained in the

September 21, 1998 federal action and the March 16, 1999

action corrected errors contained in the September 21, 1998

federal action and the March 16, 1999 action corrects one

typographical error in the March 4, 1999 corrective action.

The amendments incorporate changes to the pretreatment

standards and new source performance standards for the

organic pesticide chemicals manufacturing industry. The

new standards increase the daily maximum and monthly

average emission levels of the pesticide active ingredient

(PAI), pendimethalin, based on actual industry monitoring

data of the effluent concentration of PAIs in wastewaters

treated by full-scale treatment systems. The amendments

also limit the discharge of pollutants into publicly owned

treatment works (POTWs) by existing and new pharmaceuti-

cal manufacturing facilities. The amendments revise the

limitations and standards for the “Fermentation,” “Extrac-

tion,” “Chemical Synthesis,” and “Mixing, Compounding,

and Formulating” sub-categories and also eliminates the

“Research” sub-category for existing and new sources. In

addition, the amendments revise the effluent limitation

guidelines for the best practicable control technology

currently available for the “Rain Mills Point Source”

category. Finally, the amendments correct typographical

errors and errors in rounding of several numerical limita-

tions, which were adopted in the September 21, 1998 federal

action.

The Board adopted a proposal for public comment in this

matter on April 15, 1999. See 23 Ill. Reg. 5446 (May 7,

1999). No public comments were filed, so that the final

rules adopted by the Board on July 8, 1999, were virtually

identical to those proposed.

Please direct any questions regarding this proposal to Karen

Kavanagh at 312/814-6062; e-mail address:

kkavanag@pcb084r1.state.il.us

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ENVIRONMENTAL REGISTER

4

The Board also identified one USEPA action since Decem-

ber 31, 1998, that further amended the NPDWRs (see 64

Fed. Reg. 34732 (June 29, 1999)) and two other pending

USEPA corrective actions that are included in the final rules

adopted by the Board on July 22, 1999. The federal SDWA

regulations are found at 40 C.F.R. §§ 141 and 142.

The amendments include major revisions to the program for

relief from NPDWRs, including additional mandatory

requirements for, among other things, small system vari-

ances; introduction of entirely new requirements for con-

sumer confidence reports, including expansive public

notification requirements about potential health threats;

adoption of new maximum contaminant levels to be phased

in for disinfection and disinfectant byproducts; and addition

of interim enhanced surface water treatment rules to improve

control of microbiological pathogens while addressing risk

trade-offs with disinfection byproducts.

Section 17.5 of the Environmental Protection Act (Act) (415

ILCS 5/17.5 (1998)) provides for quick adoption of regula-

tions that are “identical-in-substance” to federal regulations

that the USEPA adopts to implement Sections 1412(b),

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

300g-1(b), 300g-3(c), 300g-6(a), 300j-4(a)). Section 17.5

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

Administrative Procedure Act (5 ILCS 100/5-35, 5-40

(1998)) do not apply to the Board’s adoption of identical-in-

substance regulations. Therefore, the amendments were not

subject to first and second-notice review by the Joint

Committee on Administrative Rules.

On May 6, 1999, the Board adopted the proposed amend-

ments for public comment and publication in the

Illinois

Register

(23 Ill. Reg. 6217 (May 28, 1999)).

B

oard Adopts Amendments in Identical-in-Substance

Rulemaking in In the Matter of SDWA Update, USEPA

Regulations (July 1, 1998, through December 31, 1998),

R99-12

On July 22, 1999, the Board adopted amendments to the

Illinois regulations that are “identical-in-substance” to the

National Primary Drinking Water regulations (NPDWRs)

adopted by the United States Environmental Protection

Agency (USEPA). The regulations implement Sections

1412(b), 1414(c), 1417(a), and 1445(a) of the Safe Drinking

Water Act (SDWA) (42 U.S.C. §§ 300g-1(b), 300g-3(c),

300g-6(a), 300j-4(a)). The amendments include SDWA

amendments that the USEPA adopted in the period from July

1, 1998, through December 31, 1998. The USEPA took four

actions during this period that necessitated Board action (see

63 Fed. Reg. 43833 (August 14, 1998); 63 Fed. Reg. 44511

(August 19, 1998); 63 Fed. Reg. 69390 (December 16,

1998); and 63 Fed. Reg. 69477 (December 16, 1998)).

Four comments were filed with the Board during the 45-day

public comment period. With the exception of minor

editorial corrections, no substantial changes were made to

the final text of the amendments.

Questions regarding this rulemaking may be

directed to Steven C. Langhoff at 217/782-2615; e-mail

address: slanghoff@pcb084rl.state.il.us

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JULY 1999

5

LISTING OF ADJUSTED STANDARDS AND COMBINED SEWER OVERFLOW EXCEP-

TIONS GRANTED BY THE BOARD DURING FISCAL YEAR 1999

Section 28.1(d)(3) of the Environmental Protection Act (Act) (415 ILCS 5/28.1(d)(3) (1998)) requires the Board to

annually publish in the

Illinois Register

and

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 standards and combine sewer overflow exception determinations

made by the Board during the fiscal year 1999 (July 1, 1998, through June 30, 1999).

Final Actions Taken by the Pollution Control Board in Adjusted Standards Proceedings During Fiscal Year 1999 (July 1, 1998,

through June 30, 1999)

Docket/Docket Title

In the Matter of: Petition of R. Lavin & Sons,

Inc. for Adjusted Standard, 35 Ill. Adm. Code

302.102, 302.208, and 302,Subpart F, Proce-

dures for Determining Water Quality Criteria

(December 17, 1998), AS 90-5

In the Matter of: Petition of the Stiffel Com-

pany for an Adjusted Standard from 35 Ill.

Adm. Code 218,Subpart F (December 17, 1998),

AS 92-1

In the Matter of: Petition of Central Can

Company for an Adjusted Standard from 35 Ill.

Adm. Code Part 218 (August 6, 1998), AS 94-18

In the Matter of: Petition of Recycle Technolo-

gies, Inc. for Adjusted Standard under 35 Ill.

Adm. Code 720.131(c) (September 3, 1998), AS

97-9

In the Matter of: Petition of City of Salem for

an Adjusted Standard from 35 Ill. Adm. Code

814.Subpart D (July 8, 1998), AS 98-2

In the Matter of: Petition of Sundstrand

Corporation for an Adjusted Standard from 35

Ill. Adm. Code 215.204(j)(3) (August 6, 1998),

AS 98-3

In the Matter of: Petition of Sundstrand Corp.

for an Adjusted Standard from 35 Ill. Adm.

Code 215.204(j)(3) (November 19, 1998),

AS 98-4

Final Determination

The Board granted voluntary withdrawal of a petition filed on

behalf of a North Chicago, Lake County facility for an adjusted

standard from certain of the requirements pertaining to deriving

stream water quality criteria and effluent limitations.

The Board granted voluntary withdrawal of a petition filed on

behalf of a Chicago, Cook County facility for an adjusted stan-

dard from certain of the volatile organic material emissions

limitations.

The Board granted this petition filed on behalf of a Chicago,

Cook County facility for an adjusted standard from certain of the

volatile organic material emissions limitations to allow the

petitioner to apply cross-line averaging in calculating emissions

from its various production lines.

The Board determined with respect to a proposed Wood Dale,

DuPage County facility that used antifreeze subjected to the

petitioner’s process and returned to its original use was not a

solid waste subject to regulation under the RCRA Subtitle C

hazardous waste rules.

The Board denied this petition filed on behalf of a Marion County

facility for an adjusted standard from a provision of the non-

hazardous waste landfill regulations that would have required the

petitioner’s landfill to cease operations on September 18, 1998.

The Board denied reconsideration of the denial on September 17,

1998

The Board granted voluntary withdrawal of a petition filed on

behalf of a Rockford, Winnebago County facility for an adjusted

standard from certain of the volatile organic material emissions

limitations applicable to the petitioner’s miscellaneous metal

parts extreme performance coating operations.

The Board granted voluntary withdrawal of a petition filed on

behalf of a Rockford, Winnebago County facility for an adjusted

standard from certain of the volatile organic material emissions

limitations applicable to the petitioner’s miscellaneous metal

parts extreme performance coating operations.

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ENVIRONMENTAL REGISTER

6

In the Matter of: Petition of the Metropolitan

Water Reclamation District of Greater Chicago

for Adjusted Standard from 35 Ill. Adm. Code

811, 812, and 817 (Sludge Application) (May 7,

1998), AS 98-5

In the Matter of: Petition of Wood River

Refining Co., a Division of Equilon Enterprises

LLC, f/k/a Shell Wood River Refining Co., for

an Adjusted Standard from 35 Ill. Adm. Code

725.213 and 725.321 (March 18, 1999), AS 98-6

In the Matter of: Petition of Sun Chemical

Corporation for an Adjusted Standard from 35

Ill. Adm. Code 218.626(b) (October 15, 1998),

AS 99-2

In the Matter of: Petition of Big River Zinc

Corporation for an Adjusted Standard under

35 Ill. Adm. Code 720.131(c) (April 15, 1999),

AS 99-3

In the Matter of: Petition of Sun Chemical

Corporation for an Adjusted Standard from 35

Ill. Adm. Code 218.626(b) (May 20, 1999), AS

99-4

The Board dismissed this petition filed on behalf of a Cook

County entity for an adjusted standard that would allow landfill

operators throughout the state to use the petitioner’s processed

wastewater sludge as an alternative to soil for final cover, finding

that it was unnecessary as it sought relief duplicative of the

adjusted standard granted in In the Matter Of: Petition of the

Metropolitan Water Reclamation District of Greater Chicago for

Adjusted Standard from 35 Ill. Adm. Code 811, 812, and 817

(Sludge Application) (August 24, 1995), AS 95-4. The Board

denied modification of its May 7, 1998, denial on August 6, 1998.

The Board granted a petition filed on behalf of a Roxana, Madi-

son County facility for an adjusted standard from certain of the

RCRA Subtitle C hazardous waste interim status treatment,

storage, and disposal facility standards to allow the petitioner to

continue to operate a former hazardous waste surface impound-

ment that no longer receives hazardous waste.

The Board dismissed this petition filed on behalf of a Northlake,

Cook County facility for an adjusted standard from certain of the

volatile organic material emissions limitations because the

petitioner had failed to timely publish the notice required by

Section 28.1(d)(1) of the Act.

The Board determined, based on a petition filed on behalf of a

Sauget, St. Clair County facility, that certain zinc oxide produced

by high temperature recovery from steelmaking electric arc

furnace dusts is not a solid waste subject to regulation under the

RCRA Subtitle C hazardous waste rules.

The Board granted this Northlake, Cook County facility an

adjusted standard from certain volatile organic material emis-

sions limitations applicable to seventeen resin storage tanks.

Final Actions Taken by the Pollution Control Board in Combine Sewer Overflow Exception Proceedings During Fiscal Year 1999

(July 1, 1998, through June 30, 1999)

The Board took no action in combined sewer overflow exception proceedings during fiscal year 1999.

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: Michael J. McCambridge, Attorney

Address: Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Telephone: 312-814-6924

Internet: mmccambr@pcb084r1.state.il.us

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JULY 1999

7

BOARD ACTIONS

R99-17

In the Matter of: Wastewater Pretreatment Update, USEPA Regulations (July 1, 1998 through December 31, 1998)

- The Board adopted a final opinion and order in this identical-in-substance rulemaking to amend the Board’s wastewater

pretreatment regulation.

Vote 5-0

AS 88-2

In the Matter of: Petition of the Stepan Company for an Adjusted Standard from 35 Ill. Adm. Code 215.Subpart

I - The Board granted petitioner’s motion for voluntary dismissal of this request for an adjusted standard involving a Will

County facility.

Vote 5-0

AS 99-5

In the Matter of: Petition of Abbott Laboratories for an Adjusted Standard from 35 Ill. Adm. Code 302.208 and

304.105 - The Board granted petitioner’s motion for reconsideration of the Board’s order of May 6, 1999.

Vote 5-0

AC 99-43

IEPA v. Waste Management of Illinois, Inc. - The Board found that this Peoria County respondent violated

Section

 

21(o)(12) of the Environmental Protection Act (415 ILCS 5/21(o)(12) (1998)), and ordered respondent to pay a

civil penalty of $500.

Vote 5-0

AC 99-44

IEPA v. County of Knox and Thomas D. Wagher - The Board found that these Knox County respondents

violated Section

 

21(o)(5) of the Environmental Protection Act (415 ILCS 5/21(o)(5) (1998)), and ordered respondents to

pay a civil penalty of $500.

Vote 5-0

AC 99-45

IEPA v. William Clingenpeel - The Board found that this Iroquois 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) (1998)), and ordered respondent to pay a

civil penalty of $500.

Vote 5-0

AC 99-46

County of LaSalle v. Knights of the Altar, International - The Board granted complainant’s motion to withdraw

this administrative citation.

Vote 5-0

PCB 97-55

People of the State of Illinois v. Precision Chrome, Inc. - The Board granted relief from the hearing requirement

of Section 31(c)(2) of the Environmental Protection Act (415 ILCS 5/31(c)(2) (1998)), accepted a stipulation and settle-

ment agreement in this Resource Conservation Recovery Act enforcement action involving a Cook County facility, ordered

respondent to pay a civil penalty of $21,000, and to cease and desist from further violations.

Vote 5-0

PCB 99-161

Village of Dorchester, Illinois v. IEPA - The Board granted this Macoupin County facility a one year variance,

subject to conditions, from 35 Ill. Adm. Code 602.105(a) “Standards for Issuance” and 602.106(a) “Restricted Status” as

they relate to the maximum contaminant level for total trihalomethanes in drinking water as set forth in 35 Ill. Adm. Code

611.310(c).

Vote 5-0

RULEMAKING

CHICAGO, ILLINOIS

JULY 8, 1999

ADJUSTED STANDARDS

ADMINISTRATIVE CITATIONS

ADJUDICATORY CASES

DECISIONS

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ENVIRONMENTAL REGISTER

8

MOTIONS AND OTHER MATTERS

PCB 93-191

People of the State of Illinois v. Lloyd Weimann d/b/a Weimann Ice and Fuel and Lloyd Weimann d/b/

a Weimann Ice and Fuel v. Texaco Refining and Marketing, Inc., and Eugene & Cheryl Halbrooks - The Board

granted respondent Texaco Refining and Marketing, Inc.’s motion to appear

pro hac vice

.

Vote 5-0

PCB 95-64

People of the State of Illinois v. Donald Pointer, Mitchell Holder, and Whiteway Sanitation, 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 Jersey County facility, the Board ordered publication of the

required newspaper notice.

Vote 5-0

PCB 98-81

Charter Hall Homeowner’s Association and Jeff Cohen v. Overland Transportation Systems, Inc. and

D.P. Cartage, Inc. - The Board denied respondents’ motion for reconsideration and modification of the Board’s

order of May 6, 1999.

Vote 4-0; McFawn abstained

PCB 98-102

Panhandle Eastern Pipe Line Company v. IEPA - The Board denied petitioner’s motion to stay the

Board’s final order pending completion of judicial review of that order.

Vote 5-0

PCB 98-122

People of the State of Illinois v. Stanley Latek - Upon receipt of a proposed stipulation and settlement

agreement and an agreed motion to request relief from the hearing requirement in this water enforcement action

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

Vote 5-0

PCB 99-64

Jean S. Dixon v. Joseph Behr & Sons, Inc. - The Board granted respondent’s motion to dismiss.

Vote 5-0

PCB 99-74

General Mills Operations, Inc. v. IEPA - The Board granted respondent’s motion to its file

administrative record of this trade secret determination instanter.

Vote 5-0

PCB 99-146

Remote Services, Inc. (Dairy Mart Store #584) 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.

Vote 5-0

PCB 99-148

Remote Services, Inc. (Dairy Mart Store #545) 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 Tazewell County facility.

Vote 5-0

PCB 99-155

Schiller Park Marathon, Inc. 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.

Vote 5-0

PCB 99-159

Mater Dei High School 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 Clinton

County facility.

Vote 5-0

PCB 99-186, PCB 96-141, PCB 99-44

Butterick Company, Inc. v. IEPA - The Board accepted for hearing this

underground storage tank appeal involving a Cook County facility, and consolidated it with PCB 96-141 and PCB

99-44 which involve the same facility.

Vote 5-0

PCB 99-188

L. Keller Oil Properties v. IEPA - The Board accepted for hearing this underground storage tank appeal

involving a Macon County facility.

Vote 5-0

PCB 99-190

Humane Manufacturing, L.L.C. v. IEPA - The Board accepted for hearing this permit appeal involving

a DeKalb County facility.

Vote 5-0

PCB 00-002

Benet Academy v. IEPA - The Board granted this request for a 90-day extension of time to file an

underground storage tank appeal on behalf of a DuPage County facility.

Vote 5-0

---

JULY 1999

9

R99-12

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

5-0

AC 99-47

IEPA v. City of Sesser - The Board found that this Franklin County respondent violated Section

 

21(p)(1) of the

Environmental Protection Act (415 ILCS 5/21(p)(1) (1998)), and ordered respondent to pay a civil penalty of $500.

Vote 5-0

AC 99-48

IEPA v. Rodney Wynn - The Board found that this Marion County respondent violated Section

 

21(p)(1) of the

Environmental Protection Act (415 ILCS 5/21(p)(1) (1998)), and ordered respondent to pay a civil penalty of $500.

Vote 5-0

AC 99-49

IEPA v. American Disposal Services of Illinois, Inc. - The Board found that this Livingston County respondent

violated Section

 

21(o)(12) of the Environmental Protection Act (415 ILCS 5/21(o)(12) (1998)), and ordered respondent to pay

a civil penalty of $500.

Vote 5-0

AC 99-50

IEPA v. Streator Area Landfill, Inc. and Brian N. Holcomb - The Board found that these Livingston County respon-

dents violated Sections

 

21(o)(1) and 21(o)(12) of the Environmental Protection Act (415 ILCS 5/21(o)(1), 21(o)(12) (1998)),

and ordered respondent to pay a civil penalty of $1,000.

Vote 5-0

AC 99-51

County of Will v. Antonio Gonzales - The Board found that this Will 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) (1998)), and ordered respondent to pay a civil

penalty of $1,000.

Vote 5-0

PCB 97-230

People of the State of Illinois v. Standard T. Chemical 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) (1998)), accepted a stipulation and

settlement agreement in this Emergency Preparedness and Community Right to Know Act enforcement action involving a

Cook County facility, ordered respondent to pay a civil penalty of $6,700, and to cease and desist from further violations.

Vote

5-0

PCB 98-171

People of the State of Illinois v. Victor Cory - The Board found that this respondent violated various sections of the

Environmental Protection Act and Board regulations and ordered respondent to pay a civil penalty of $22,000. The Board

denied complainant’s request for fees and costs, and ordered respondent to submit a closure plan to the Department of Agricul-

ture and the Illinois Environmental Protection Agency by September 20, 1999.

Vote 5-0

PCB 00-08

Takasago International Corporation v. IEPA - Upon receipt of an Illinois Environmental Protection Agency (Agency)

recommendation, the Board granted this Will County facility a 45-day provisional variance, subject to conditions, from the total

dissolved solids limits set in 35 Ill. Adm. Code 35 Ill. Adm. Code 302.208 and 304.105. The Board denied the Agency’s

recommendation to grant a variance from the Board’s order in AS 89-3 on the grounds that it was unnecessary.

Vote 5-0

CHICAGO, ILLINOIS

JULY 22, 1999

RULEMAKING

ADMINISTRATIVE CITATIONS

ADJUDICATORY CASES

DECISIONS

PROVISIONAL VARIANCE

---

ENVIRONMENTAL REGISTER

10

MOTIONS AND OTHER MATTERS

PCB 96-155, PCB 96-156

West Suburban Recycling and Energy Center, L.P. v. IEPA - The Board granted petitioner’s

motion for voluntary dismissal of these consolidated permit appeals involving a Cook County facility.

Vote 5-0

PCB 98-54

Edward Malina v. Jean Day - In response to the settlement agreement filed on July 14, 1999, the Board ordered

that this citizen’s noise enforcement action involving a DuPage County facility to proceed to hearing.

Vote 5-0

PCB 98-84

Scott & Shelly Behrmann v. Okawville Farmers Elevator-St. Libory - The Board granted parties’ motion for

voluntary dismissal of this citizen’s noise enforcement action involving a St. Clair County facility.

Vote 5-0

PCB 98-169

Union Oil Company of California d/b/a as Unocal v. Barge-Way Oil Company, Inc., Bargeway Systems, Inc.,

Joseph Kellogg, Nielsen’s Bargeway, Gertrude Kellogg, Robert Nielsen, Robert Atkins, and Mobil Oil Company - The

Board denied respondent Mobil Oil Company’s motion for summary judgment and request for sanctions.

Vote 4-1; Flemal

dissented

PCB 99-112

People of the State of Illinois v. Bi-Petro, and Timberlake Transportation and Transfer, Inc. - The Board

granted respondent’s motion for extension of time to file an answer.

Vote 5-0

PCB 99-123

Commonwealth Edison Company v. IEPA - The Board granted petitioner’s motion for voluntary dismissal of

this underground storage tank appeal involving a Will County facility.

Vote 5-0

PCB 99-124

Commonwealth Edison Company v. IEPA - The Board granted petitioner’s motion for voluntary dismissal of

this underground storage tank appeal involving a DuPage County facility.

Vote 5-0

PCB 99-125

Terrence G. Graf, Marcella Graf, Joe Graf, Louise Grothpietz, Margarie Olszeoski, Leonard Olszeoski, Mike

Czebokowski, Lois Czebokowski, Mildred Owen, Katherine Washburn, Robert Washburn, George Aruleaf, Anna

Kozarzewski, and Lucy Catlow v. Valiquet, Inc., Emerald Landscaping, and CPK Landscaping - The Board granted

complainant’s motion for voluntary dismissal of Anna Kozarzewski and Mildred Owen as complainants in this matter. The

remaining complainants were ordered to perfect service upon respondent Valiquet, Inc. by August 21, 1999.

Vote 5-0

PCB 99-145

Robert Smith, Jodi Leeper, Tim Leeper, Cassandra Vaughn, Cheryl Vaughn, Hobart Jones, Karen Jones, Anita

Rice, Peggy Eberhardt, Matthew Andriola, Matt Miller, Lynn Devlin, Edward Stolinski, and Pete Calzavara v. Heritage Tool

& Die Manufacturing, Inc. - The Board dismissed Robert Smith, Jodi and Tim Leeper, Cassandra and Cheryl Vaughn,

Hobart Jones, Peggy Eberhardt, Matthew Andriola, Matt Miller, Lynn Devlin, Edward Stolinski, and Pete Calzavara as

complainants for failure to file a signed amended complaint or attorney’s appearance with the Clerk of the Board by June 25,

1999 as ordered.

Vote 5-0

PCB 99-151

Land-O-Sun Dairies, L.L.C. v. IEPA - The Board granted petitioner’s motion for voluntary dismissal of this

permit appeal involving a St. Clair County facility.

Vote 5-0

PCB 99-152

People of the State of Illinois v. Eagle-Picher-Boge, L.L.C. - The Board denied respondent’s motion to dismiss

this air enforcement action involving an Edgar County facility.

Vote 5-0

PCB 99-153

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

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

Vote 5-0

PCB 99-154

Remote Services, Inc. (Dairy Mart Store #562) 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

Champaign

 

County facility.

Vote 5-0

PCB 99-162

Kelly-Mac Partners v. Robertson-CECO Corporation - The Board denied respondent’s motion to dismiss and

complainant’s motion to strike. The Board granted respondent’s motion to appear

pro hac vice

.

Vote 4-1; Flemal dissented

---

JULY 1999

11

PCB 99-164

Ayers Oil Company v. IEPA - The Board on its own motion dismissed the matter because no formal

agreement to this request was filed by the Illinois Environmental Protection Agency, and petitioner failed to file an

appeal within the 35-day period following the final decision.

Vote 5-0

PCB 99-171

Butterick Company, Inc. 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 Lake

County facility.

Vote 5-0

PCB 99-172

Remote Services, Inc. (Dairy Mart Store #571) 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 McLean

 

County facility.

Vote 5-0

PCB 99-187

Gina Pattermann, and Lisa and Deen Collins v. Boughton Trucking and Materials - The Board granted

respondent’s motion for extension of time to file a motion to dismiss. The complainants were ordered to file an

amended complaint with the Clerk of the Board by August 13, 1999.

Vote 5-0

PCB 00-3

ISC Newco, Inc. v. IEPA - The Board granted this request for a 90-day extension of time to file an

underground storage tank appeal on behalf of a Cook County facility.

Vote 5-0

PCB 00-5

Naperville Radiator Services v. IEPA - The Board granted this request for a 90-day extension of time to

file an underground storage tank appeal on behalf of a DuPage County facility.

Vote 5-0

PCB 00-6

City of Princeton (Princeton Municipal Landfill) v. IEPA - The Board granted this request for a 90-day

extension of time to file a permit appeal on behalf of a Bureau County facility.

Vote 5-0

---

ENVIRONMENTAL REGISTER

12

99-186 Butterick Company, Inc. v. IEPA

- The Board ac-

cepted for hearing this underground storage tank appeal in-

volving a Cook County facility, and consolidated it with PCB

96-141 and PCB 99-44 which involve the same facility.

99-187 Gina Pattermann, and Lisa and Deen Collins v.

Boughton Trucking and Materials

- The Board held for a

later duplicitous/frivolous determination this citizen’s air and

noise enforcement action involving a DuPage County

facility.

99-188 L. Keller Oil Properties v. IEPA

- The Board

accepted for hearing this underground storage tank appeal

involving a Macon County facility.

99-189 People of the State of Illinois v. Aabott Asbestos,

Inc.

- The Board accepted for hearing this air enforcement

action against a Randolph County facility.

99-190 Humane Manufacturing, L.L.C. v. IEPA

- The

Board accepted for hearing this permit appeal involving a

DeKalb County facility.

99-191 People of the State of Illinois v. Panhandle

Eastern Pipe Line Company

- The Board accepted for

hearing this air enforcement action against a Sangamon

County facility.

99-192 People of the State of Illinois v. Gulco

Corporation a/k/a Gutmann Leather Company, Inc.

-

The Board accepted for hearing this air enforcement action

against a Cook County facility.

99-193 People of the State of Illinois v. The Purdy

Company, and Indiana Harbor Belt Railroad

- The Board

accepted for hearing this land enforcement action against a

Cook County facility.

99-194 People of the State of Illinois v. Alabama Metal

Industries Corporation

- The Board accepted for hearing

this air enforcement action against a Cook County facility.

00-001 People of the State of Illinois v. Paul Bergmann d/

b/a Paul Bergmann Dairy Farm -

The Board accepted for

hearing this air enforcement action against a Clinton County

facility.

NEW CASES

JULY 8, 1999

00-002 Benet Academy v. IEPA

- The Board granted this

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

storage tank appeal on behalf of a DuPage County facility.

R00-001 In the Matter of: Exemptions from the

Definition of VOM Update, USEPA Amendments

(January 1, 1999 through June 30, 1999)

- The Board

reserved this docket for a routine identical-in-substance

update. The update includes any federal amendments which

occurred during the per iod of January 1, 1999, through June

30, 1999.

R00-002 In the Matter of SDWA Update, USEPA

Amendments (January 1, 1999 through June 30, 1999)

-

The Board reserved this docket for a routine identical-in-

substance update. The update includes any federal

amendments which occurred during the period of January 1,

1999, through June 30, 1999.

R00-003 In the Matter of: UIC Update, USEPA

Amendments (January 1, 1999 through June 30, 1999)

-

The Board reserved this docket for a routine identical-in-

substance update. The update includes any federal

amendments which occurred during the period of January 1,

1999, through June 30, 1999.

R00-004 In the Matter of: RCRA Subtitle D Update,

USEPA Amendments (January 1, 1999 through June 30,

1999)

- The Board reserved this docket for a routine

identical-in-substance update. The update includes any

federal amendments which occurred during the period of

January 1, 1999, through June 30, 1999.

R00-005 In the Matter of: RCRA Subtitle C Update,

USEPA Amendments (January 1, 1999 through June 30,

1999)

- The Board reserved this docket for a routine

identical-in-substance update. The update includes any

federal amendments which occurred during the period of

January 1, 1999, through June 30, 1999.

R00-006 In the Matter of: UST Update, USEPA

Amendments (January 1, 1999 through June 30, 1999)

-

The Board reserved this docket for a routine identical-in-

substance update. The update includes any federal

amendments which occurred during the period of January 1,

1999, through June 30, 1999.

R00-007 In the Matter of: Wastewater Pretreatment

Update, USEPA Amendments (January 1, 1999 through

June 30, 1999)

- The Board reserved this docket for a

routine identical-in-substance update. The update includes

any federal amendments which occurred during the period of

January 1, 1999, through June 30, 1999.

---

JULY 1999

13

NEW CASES

JULY 22, 1999

00-003 ISC Newco, Inc. v. IEPA

- The Board granted this

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

storage tank appeal on behalf of a Cook County facility.

00-004 People of the State of Illinois v. American Wood

Recycling, Inc., and Steven Berglund, individually, and as

chief executive officer of American Wood Recycling, Inc.

-

The Board accepted for hearing this land enforcement action

against a Cook County facility.

00-005 Naperville Radiator Services v. IEPA

- The Board

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

underground storage tank appeal on behalf of a DuPage County

facility.

00-006 City of Princeton (Princeton Municipal Landfill) v.

IEPA

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

of time to file a permit appeal on behalf of a Bureau County

facility.

00-008 Takasago International Corporation v. IEPA

- Upon

receipt of an Illinois Environmental Protection Agency

(Agency) recommendation, the Board granted this Will County

facility a 45-day provisional variance, subject to conditions,

from the total dissolved solids limits set in 35 Ill. Adm. Code 35

Ill. Adm. Code 302.208 and 304.105. The Board denied the

Agency’s recommendation to grant a variance from the Board’s

order in AS 89-3 on the grounds that it was unnecessary.

AC 00-001 County of Sangamon v. ESG Watts, Inc.

- The

Board accepted an administrative citation against this

Sangamon

 

County respondent.

---

August

19

??

11:30 am

Pollution Control Board Meeting

Springfield, IL

23

   

??

10:00 am -

R99-18

Amendments to Permitting for Used Oil Man-

agement and Used Oil Transport: 35 Ill. Adm.

Code 807 and 809 (Record in R98-29 Incor-

porated)

James R. Thompson Center

100 W. Randolph Street

Room 9-034

Chicago, IL

24

   

??

10:00 am -

R99-18

Amendments to Permitting for Used Oil Man-

agement and Used Oil Transport: 35 Ill. Adm.

Code 807 and 809 (Record in R98-29 Incor-

porated)

James R. Thompson Center

100 W. Randolph Street

Room 9-034

Chicago, IL

September

9

    

??

10:30 am

Pollution Control Board Meeting

Chicago, IL

23

   

??

10:30 am

Pollution Control Board Meeting

Chicago, IL

October

7

    

??

10:30 am

Pollution Control Board Meeting

James R. Thompson Center

100 W. Randolph Street

Suite 2-025

21

   

??

10:30 am

Pollution Control Board Meeting

Chicago, IL

November

4

    

??

11:30 am

Pollution Control Board Meeting

Springfield, IL

8

    

??

9:30 am -

PCB 96-143

People of the State of Illinois v. Michel Grain

Company, Inc., d/b/a Michel Fertilzer and

Caryle Michel

Illinois Pollution Control Board

Hearing Room 403

600 S. Second Street

Springfield, IL

9

    

??

9:30 am -

PCB 96-143

People of the State of Illinois v. Michel Grain

Company, Inc., d/b/a Michel Fertilzer and

Caryle Michel

Illinois Pollution Control Board

Hearing Room 403

600 S. Second Street

Springfield, IL

10

   

??

9:30 am -

PCB 96-143

People of the State of Illinois v. Michel Grain

Company, Inc., d/b/a Michel Fertilzer and

Caryle Michel

Illinois Pollution Control Board

Hearing Room 403

600 S. Second Street

Springfield, IL

18

   

??

10:30 am

Pollution Control Board Meeting

Chicago, IL

December

2

    

??

10:30 am

Pollution Control Board Meeting

Chicago, IL

8

    

??

9:30 am -

PCB 93-191

People of the State of Illinois v. Lloyd

Wiemann d/b/a Wiemann Ice & Fuel; Lloyd

Wiemann, d/b/a Wiemann Ice & Fuel, Cross-

Complainants v. Texaco Refining & Market-

ing, Inc., and Eugene & Cheryl Halbrooks,

Cross-respondents

Illinois Pollution Control Board

Hearing Room 403

600 S. Second Street

Springfield, IL

9

    

??

9:30 am -

PCB 93-191

People of the State of Illinois v. Lloyd

Wiemann d/b/a Wiemann Ice & Fuel; Lloyd

Wiemann, d/b/a Wiemann Ice & Fuel, Cross-

Complainants v. Texaco Refining & Market-

ing, Inc., and Eugene & Cheryl Halbrooks,

Cross-respondents

Illinois Pollution Control Board

Hearing Room 403

600 S. Second Street

Springfield, IL

16

   

??

10:30 am

Pollution Control Board Meeting

Chicago, IL

CALENDAR OF MEETINGS

AND HEARINGS

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.

Chicago, IL

---

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/