Claire A. Manning, Chairman
Board Members:
Ronald C. Flemal, G. Tanner Girard, Elena Z. Kezelis,
Samuel T. Lawton Jr., Marili McFawn, Nicholas J. Melas
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
(312)
814-3620
(312) 814-6032 TDD
Illinois Pollution Control Board
600 South Second Street
Suite 402
Springfield, Illinois 62704
(217)
524-8500
(312) 814-6032 TDD
2
Inside This Issue:
F
EDERAL
U
PDATE
P
. 1
R
ULE
U
PDATE
P
. 5
IEPA R
ESTRICTED
S
TATUS
L
IST
P
. 8
IEPA C
RITICAL
R
EVIEW
L
IST
P
. 9
B
OARD
A
CTIONS
P
. 11
N
EW
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ASES
P
. 17
B
OARD
C
ALENDAR
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. 20
Federal Update
United States Environmental Protection Agency Adds Certain Chemicals to the Preliminary
Assessment Information Reporting Rule in Final Rule
On July 5, 2000, the United States Environmental Protection Agency (USEPA) added 29 alkylphenols,
alkylphenol ethoxylates, and polyalkylphenols to the Toxic Substances Control Act (TSCA) (15 U.S.C. §§
2601
et seq
. (1996)) Section 8(a) Preliminary Assessment Information Reporting (PAIR) rule. 65 Fed.
Reg. 41371 (July 5, 2000).
The final rule addresses the recommendations of the 41st TSCA Interagency Testing Committee (ITC)
Report. The ITC recommendations are given priority consideration by USEPA in promulgating TSCA
Section 4 test rules. This PAIR rule will require manufacturers (including importers) of the 29
substances identified in this document to report certain production, importation, use, and exposure-
related information to USEPA.
This rule became effective August 4, 2000. For further information contact Barbara Cunningham at
202/554-1404; e-mail address: TSCA-Hotline@epa.gov.
United States Environmental Protection Agency Proposes Restrictions or Prohibitions on
Substitutes for Ozone-Depleting Substances under the Significant New Alternatives Policy
Program.
On July 11, 2000, the United States Environmental Protection Agency (USEPA) proposed to impose
restrictions or prohibitions on substitutes for ozone-depleting substances under USEPA’s Significant
New Alternatives Policy program. 65 Fed. Reg. 42653 (July 11, 2000).
Written comments must be submitted by September 11, 2000. For further information contact Anhar
Karimjee at 202/564- 2683; e-mail address: karimjee.anhar@epa.gov. The Stratospheric Protection
Hotline can be reached at 800/296-1996.
The Board expects the Illinois Environmental Protection Agency to propose similar State rules for
adoption using the Clean Air Act “fast-track” procedures under Section 28.5 of the Environmental
Protection Act (415 ILCS 5/28.5 (1998)).
United States Environmental Protection Agency Proposes Adjustment to the Reformulated
Gasoline Program for Ethanol Blends
On July 12, 2000, the United States Environmental Protection Agency (USEPA) proposed to adjust the
volatile organic compounds (VOC) performance standard under Phase II of the reformulated federal
Environmental Register - July 2000
3
gasoline (RFG) program for ethanol RFG blends that contain 3.5 weight percent oxygen. 65 Fed. Reg.
42920 (July 12, 2000).
For such blends, the proposed adjustment would reduce by 1 percentage point the VOC performance
standard. USEPA believes that air quality benefits will continue to be similar to the current RFG
standards. USEPA also solicits comment on adjustment or elimination of the minimum oxygen
requirement of 1.5 weight percent. The proposal implements the National Research Council’s
recommendation that the contribution of CO to ozone formation be recognized in assessments of RFG air
quality benefits. It also implements recommendations of the Blue Ribbon Panel on Oxygenate Use. One
of the panel's recommendations was USEPA to take steps to reduce the amount of MTBE used in
gasoline. The proposed action would increase the flexibility available to refiners to formulate RFG
without MTBE while still realizing ozone benefits that are similar to those of the current Phase II
program.
Public comments must be received by September 11, 2000. For further information contact Barry
Garelick at 202/564-9028.
The Board expects the Illinois Environmental Protection Agency to propose similar State rules for
adoption using the Clean Air Act “fast-track” procedures under Section 28.5 of the Environmental
Protection Act (415 ILCS 5/28.5 (1998)).
United States Environmental Protection Agency Proposes Land Disposal Restrictions; Treatment
Standards for Spent Potliners from Primary Aluminum Reduction
On July 12, 2000, the United States Environmental Protection Agency (USEPA) proposed to revise
certain treatment standards for spent potliners from primary aluminum reduction (USEPA hazardous
waste: K088) under its Land Disposal Restrictions program under the Resource Conservation and
Recovery Act (RCRA) (42 U.S.C. §§ 6901
et seq
. (1996)). 65 Fed. Reg. 42937 (July 12, 2000).
The proposal is a direct result of a USEPA commitment to investigate whether a more permanent
treatment standard for K088 is appropriate. Non-wastewater forms of K088 waste would have to meet a
new treatment standard, measured by a version of the Toxicity Characteristic Leaching Procedure that
uses deionized water as the leaching fluid. USEPA also proposed to revise the treatment standards for
total and amenable cyanide in K088 non-wastewaters. USEPA also proposed to classify K088
vitrification units as RCRA Subpart X miscellaneous treatment units. Finally, USEPA discussed the
appropriateness of extending the rationale and regulatory status applied in the proposed rule for K088-
vitrification units to all vitrification units treating RCRA hazardous waste.
Comments must be received on or before September 11, 2000. For further information contact the
RCRA Hotline at 800/424-9346, Elaine Eby at 703/308-8449; e-mail address:
eby.elaine@epamail.epa.gov; or John Austin at 703/308-0436; e-mail address:
austin.john@epamail.epa.gov.
If the rule is adopted by USEPA, the Board will include any necessary amendments in a future identical-
in-substance rulemaking.
United States Environmental Protection Agency Adds Certain Chemicals to the Preliminary
Assessment Information Reporting Rule in Final Rule
On July 13, 2000, the United States Environmental Protection Agency (USEPA) revised the water quality
planning and management regulation and the National Pollutant Discharge Elimination System (NPDES)
program. 65 Fed. Reg. 43585 (July 13, 2000).
4
The final rule revises and clarifies USEPA’s current regulatory requirements for establishing Total
Maximum Daily Loads (TMDLs) under the Clean Water Act (CWA) (33 U.S.C. §§ 1251
et seq
. (1996))
so that TMDLs can more effectively contribute to improving the nation's water quality.
USEPA expects the final rule to establish an effective and flexible framework to move the country toward
the goal of clean water for all Americans. It establishes a process for making decisions what USEPA
thinks is a common sense, cost effective way on how best to restore polluted water-bodies, based on
identifying and implementing necessary reductions in both point and non-point sources of pollutants as
expeditiously as practicable. USEPA anticipates that states, territories, and authorized tribes will develop
more comprehensive lists of all water-bodies that do not attain and maintain water quality standards and
will schedule the establishment of all necessary TMDLs over 10 years, with an allowance for another five
years where necessary.
The final rule also specifies elements of approvable TMDLs, including implementation plans, which
contain lists of actions and expeditious schedules to reduce pollutant loadings. States, territories, and
authorized tribes will provide the public with opportunities to comment on methodologies, lists,
prioritized schedules, and TMDLs prior to submission to USEPA. The rule establishes timeframes under
which USEPA will assure that lists of waters and TMDLs are completed as scheduled, and necessary
NPDES permits are issued to implement TMDLs.
USEPA thinks these regulations are necessary because the TMDL program, which Congress mandated in
1972, has brought about insufficient improvement in water quality. USEPA had been concerned about this
lack of progress for some time when, in 1996, it established a Federal Advisory Committee. The
Committee was asked to advise USEPA on possible improvements to the program. After careful
deliberations, the Committee recommended that USEPA amend several aspects of the regulations.
USEPA thinks these regulations will benefit human health and the environment by establishing clear goals
for identification of impaired water-bodies and establishment of TMDLs. The regulations will also
ensure that states, territories, and authorized tribes give a higher priority to restoring water-bodies which
have a greater potential to affect human health or threatened or endangered species thereby focusing the
benefits of these regulations on the most pressing problems.
The regulation is not effective until 30 days after the date that Congress allows USEPA to implement this
regulation. USEPA will publish notice of the effective date in the
Federal Register
. For further
information contact Jim Pendergast at 202/260-9549 for information pertaining to Part 130 of the rule,
or Kim Kramer at 202/401-4078, for information regarding Parts 122, 123, and 124.
United States Environmental Protection Agency Proposes National Emission Standards for
Hazardous Air Pollutants for Boat Manufacturing Facilities
On July 14, 2000, the United States Environmental Protection Agency (USEPA) proposed national
emission standards for hazardous air pollutants (NESHAP) for new and existing boat manufacturing
facilities. 65 Fed. Reg. 43841 (July 14, 2000).
The processes regulated include fiberglass resin and gel coat operations, carpet and fabric adhesive
operations, and aluminum boat painting operations. USEPA has identified boat manufacturing as a major
source of hazardous air pollutants (HAP), such as styrene, methyl methacrylate, methylene chloride
(dichloromethane), toluene, xylenes, n-hexanes, methyl ethyl ketone, methyl isobutyl ketone, and methyl
chloroform (1,1,1-trichloroethane). The proposed standards implement section 112(d) of the Clean Air
Act (42 U.S.C. §§ 7401
et seq
. (1996)) by requiring all major sources to meet HAP emission standards
reflecting the application of the maximum achievable control technology. USEPA estimates that the
proposed NESHAP would reduce nationwide emissions of HAP from these facilities by approximately 36
percent from the 1997 level of emissions.
Environmental Register - July 2000
5
Comments must be submitted by September 12, 2000. For further information contact Mark Morris at
919/541-5416; e-mail address: morris.mark@epamail.epa.gov.
Pursuant to Section 9.1(b) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(b) (1998)), once
adopted by USEPA, NESHAP rules are applicable and enforceable under the Act without further action by
the Board.
United States Environmental Protection Agency Proposes National Emission Standards for
Hazardous Air Pollutants: Metal Coil Coating
On July 18, 2000, the United States Environmental Protection Agency (USEPA) proposed national
emission standards for hazardous air pollutants (NESHAP) for facilities that coat metal coil. 65 Fed.
Reg. 44615 (July 18, 2000).
USEPA has identified metal coil coating as a major source of hazardous air pollutant (HAP) emissions
such as methyl ethyl ketone, glycol ethers, xylenes (isomers and mixtures), toluene, and isophorone. The
proposed standards will implement section 112(d) of the Clean Air Act (42 U.S.C. §§ 7401
et seq
.
(1996)) by requiring all major sources to meet HAP emission standards reflecting the application of the
maximum achievable control technology. The proposed standards are expected to eliminate
approximately 55 percent of nationwide HAP emissions from these major sources.
Comments must be submitted by September 18, 2000
For further information contact Rhea Jones at 919/541-2940; e-mail address: jones.rhea@epa.gov.
Pursuant to Section 9.1(b) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(b) (1998)), once
adopted by USEPA, NESHAP rules are applicable and enforceable under the Act without further action by
the Board.
United States Environmental Protection Agency Establishes Tolerance Exemption for Butyl
Acrylate-Vinyl Acetate-Acrylic Acid Copolymer in Final Rule
On July 19, 2000, by final rule, the United States Environmental Protection Agency established, an
exemption from the requirement of a tolerance for residues of butyl acrylate-vinyl acetate-acrylic acid
copolymer when used as an inert ingredient in pesticide formulations applied to growing crops, raw
agricultural commodities after harvest, or to animals. 65 Fed. Reg. 44690 (July 19, 2000). The
regulation eliminates the need to establish a maximum permissible level for residues of butyl acrylate-
vinyl acetate-acrylic acid copolymer.
The regulation became effective July 19, 2000. For further information contact Treva Alston at 703/308-
8373; e-mail address: alston.treva@epa.gov.
The Illinois pesticide program is established by the Illinois Pesticide Act (IPA) (415 ILCS 60/1
et seq.
(1998)). The IPA is administered by the Department of Agriculture and is enforced by the Department of
Public Health and the Illinois Environmental Protection Agency.
United States Environmental Protection Agency Reinstates 1-Hour Ozone Standard Pending
Resolution of Litigation Concerning 8-Hour Ozone Standard
On July 20, 2000, the United States Environmental Protection Agency (USEPA) rescinded its prior
findings that the 1-hour ozone national ambient air quality standard and the accompanying designations
and classifications no longer apply in certain areas. 65 Fed. Reg. 45181 (July 20, 2000).
6
As part of a transition to a more protective 8-hour ozone standard, the USEPA previously took final action
determining that the 1-hour standard would no longer apply in almost 3,000 counties. Now, however, the
public health protection that would be afforded by the 8-hour ozone standard is being delayed because
continued litigation regarding the 8-hour ozone standard has created uncertainty regarding when and
whether the USEPA may be able to fully implement that standard. USEPA believes that it is important to
have a fully enforceable ozone standard to help protect people from the harmful effects of ozone
pollution.
Under the final rule, the designations and classifications that previously applied in such areas with respect
to the 1-hour standard would be reinstated. The rule will become effective in 90 days for most areas, and
will become applicable in 180 days for areas with clean air quality data that had a non-attainment
designation when the 1-hour standard was revoked. USEPA also took final action to amend 40 CFR
50.9(b) to provide that the 1-hour ozone standard will continue to apply to all areas notwithstanding
promulgation of the 8-hour ozone standard, and that after the 8-hour standard is fully enforceable under
part D of title I of the Clean Air Act (42 U.S.C. §§ 7401
et seq
. (1996)) and is no longer subject to
further legal challenge, and the 1-hour standard set forth in section 50.9(a) will no longer apply to an area
once the USEPA determines that the area has air quality meeting the 1-hour standard.
The rule will become effective on October 18, 2000. For further information contact Annie Nikbakht
(policy) or Barry Gilbert (air quality data) at 919/541-5246/5238; e-mail addresses:
nikbakht.annie@epa.gov or gilbert.barry@epa.gov.
The Board expects the Illinois Environmental Protection Agency to propose similar State rules for
adoption using the Clean Air Act “fast-track” procedures under Section 28.5 of the Environmental
Protection Act (415 ILCS 5/28.5 (1998)).
Rule Update
At Governor Ryan’s Request Board to Hold Inquiry Hearings in In the Matter of: Natural Gas-
Fired, Peak-Load Electrical Power Generating Facilities (Peaker Plants), R01-10
On July 13, 2000, the Board adopted an order opening docket R01-10 to conduct public inquiry hearings
on peaker plants.
In a letter dated July 6, 2000, Governor George Ryan requested the Board to conduct
inquiry hearings concerning the potential environmental impact of natural gas-fired, peak-load electrical
power generating facilities, known as peaker plants.
The Board anticipates that it will conduct seven days of public inquiry hearings. The hearings will be held
at five different locations throughout the State. The first hearing will be held in Chicago and is intended
to provide the Board with background and technical information from State agencies and the affected
industries. The next three hearings, to be held in the geographic regions most affected by current or
proposed construction of peaker plants, are intended to provide local citizens and local units of
government with the opportunity to testify about peaker plants and present any other relevant information,
concerns, or suggestions. A final hearing will be held in Springfield to address any downstate issues and
any matters outstanding from the prior hearings. The Board will accept written public comments until at
least 30 days following the last scheduled hearing.
The dates and locations for all the scheduled hearings are reflected on the Board’s Calendar in this issue
of the
Environmental Register
.
For additional information contact: Amy Jackson at 217/524-8507; e-mail: jacksona@ipcb.state.il.us.
Environmental Register - July 2000
7
Board Adopts Proposal for Public Comment in In the Matter of: Proposed New 35 Ill. Adm. Code
217, Subpart W, the NOx Trading Program for Electrical Generating Units and Amendments to
35 Ill. Adm. Code 211 and 217, R01-9
On July 13, 2000, the Board proposed for first-notice publication in the
Illinois Register
amendments in
In the Matter of: Proposed New 35 Ill. Adm. Code 217, Subpart W, the NOx Trading Program for
Electrical Generating Units and Amendments to 35 Ill. Adm. Code 211 and 217, R01-9. On July 11,
2000, the Illinois Environmental Protection Agency (Agency) filed a proposal to amend 35 Ill. Adm.
Code 211 and 217 of the Illinois air regulations. The Agency filed the proposal under the “Fast-track”
procedures for rulemakings required under the federal Clean Air Act Amendments of 1990 established in
Section 28.5 of the Environmental Protection Act (Act) (415 ILCS 5/28.5 (1998)). The Agency proposes
to have the Board add a new Subpart W to Part 217, and make various conforming amendments to Parts
211 and 217. The rules would control the emission of nitrogen oxides (NOx) emissions from fossil fuel
electrical generating units. The control would be effective during the period from May 1 to September 31
of each calendar year beginning in 2003.
This proposed rulemaking is the first of three proposals the Agency anticipates filing with the Board in
response to the United States Environmental Protection Agency’s regulation to address ozone transport in
the area of the Country largely east of the Mississippi. The regulation, commonly known as the “NOx SIP
Call,” is formally titled “Finding of Significant Contribution and Rulemaking for Certain States in the
Ozone Transport Assessment Group Regions for Purpose of Reducing Regional Transport Ozone” and
was published on October 27, 1998 at 63 Fed. Reg. 57356. Challenges of the rule, which had stayed its
effective date, were resolved March 3, 2000, with the court upholding most of the substance of the rule
(except for portions affecting Missouri, Georgia and Wisconsin). See Michigan v. USEPA, No. 98-1947,
2000 WL 180650 (D.C. Cir. 2000).
Pursuant to Section 28.5 of the Act (415 ILCS 5/28.5 (1998)), the Board is required to proceed with set
timeframes toward the adoption of the regulation. The Board has scheduled public hearings in this matter.
The dates and locations for all the scheduled hearings are reflected on the Board’s Calendar in this issue
of the
Environmental Register
.
For additional information contact: Cathy Glenn at 312/814-6923; e-mail: glennc@ipcb.state.il.us.
Board Reserves seven Identical-in-Substance Dockets; Dismissing three Later as Unnecessary,
R01-1, R01-2, R01-3, R01-4, R01-5, R01-6, and R01-7
On July 13, 2000, the Board reserved seven identical in substance rulemaking dockets in In the Matter of:
UIC Update, USEPA Amendments (January 1, 2000 through June 30, 2000), R01-1; In the Matter of:
RCRA Subtitle D Update, USEPA Amendments (January 1, 2000 through June 30, 2000), R01-2; In the
Matter of: RCRA Subtitle C Update, USEPA Amendments (January 1, 2000 through June 30, 2000),
R01-3; In the Matter of: UST Update, USEPA Amendments (January 1, 2000 through June 30, 2000),
R01-4; In the Matter of: Wastewater Pretreatment Update, USEPA Amendments (January 1, 2000
through June 30, 2000), R01-5; In the Matter of: Definition of VOM Update, USEPA Amendments
(January 1, 2000 through June 30, 2000), R01-6; In the Matter of: SDWA Update, USEPA Amendments
(January 1, 2000 through June 30, 2000), R01-7. Section 7.2 of the Environmental Protection Act (Act)
(415 ILCS 5/7.2 (1998)) requires the Board to adopt regulations which are identical in substance to
regulations adopted by the United States Environmental Protection Agency. The term identical in
substance is defined at Section 7.2 of the Act.
On July 27, 2000, the Board dismissed three reserved identical-in-substance rulemaking dockets R01-1,
R01-4, and R01-6. The United States Environmental Protection Agency (USEPA) did not amend its
regulations during the period from January 1, 2000 through June 30, 2000, in any way that would
necessitate corresponding Board action to amend Illinois’ regulations. Section 7.2 of the Act (415 ILCS
8
5/7.2 (1998)) requires the Board to adopt regulations which are identical-in-substance to regulations
adopted by USEPA. The term “identical in substance” is defined at Section 7.2 of the Act (415 ILCS
5/7.2 (1998)).
For additional information contact: Michael McCambridge at 312/814-6924; e-mail:
mccambm@ipcb.state.il.us.
Board Adopts Second-Notice Proposal in In the Matter of: Conforming and Technical
Amendments to 35 Ill. Adm. Code 809, R00-18
On July 13, 2000, the Board proposed rules to amend 35 Ill. Adm. Code 809 for second notice review by
the Joint Committee on Administrative Rules (JCAR). This second-notice proposal includes various
technical changes to Part 809, as well as one substantive change. The proposed substantive change aligns
the State and Federal definitions of “on-site,” and allows unpermitted and unmanifested transport of
hazardous waste both across and along public rights-of-way.
Docket R00-18 is an outgrowth of a dismissed predecessor docket. On December 16, 1999, the Board
dismissed the Illinois Environmental Protection Agency’s (Agency) proposed rules on permitting certain
used oil management facilities and used oil transporters. See
In re
Amendments to Permitting for Used
Oil Management and Use Oil Transport: 35 Ill. Adm. Code 807 and 809 (December 16, 1999), R99-18.
Although the Board dismissed the Agency’s proposed rules, the Board determined that certain technical
changes to Part 809 of the Board’s rules that were a part of the proposed R99-18 docket should be
addressed in another rulemaking. In order to make these changes, the Board, on its own motion, proposed
these technical amendments in docket R00-18, as well as the substantive amendment described above.
Two hearings were held in docket R00-18. The record and public comment period closed on June 16,
2000. No public comments were received during the first-notice period with the exception of minor
editorial changes suggested by JCAR.
For additional information contact: Joel Sternstein at 312/814-3665; e-mail: sternstj@ipcb.state.il.us.
Board Adopts Amendments in In the Matter of: Wastewater Pretreatment Update, USEPA
Regulations (July 1, 1999 through December 31. 1999), R00-15
On July 13, 2000, the Board adopted amendments to the Illinois regulations that are identical in substance
to the 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 Federal Water Pollution
Control Act (33 U.S.C. §§ 1317(b), (c), (d), 1342(b)(9) (1996)). Included are amendments that USEPA
took during the period of July 1, 1999 through December 31, 1999. USEPA took three actions during
this period that necessitated Board action (see 64 Fed. Reg. 42552 (August 4, 1999); 64 Fed. Reg. 48103
(September 2, 1999); and 64 Fed. Reg. 73414 (December 30, 1999)).
The federal actions include amendments to the regulations regarding the land application, surface
disposal, and incineration. USEPA also amended its guidelines establishing test procedures for the
analysis of pollutants under Section 304(h) of the Clean Water Act (CWA) (33 U.S.C. §§ 1251
et seq
.
(1996)) for the analysis of cyanide for purposes of compliance with the water quality requirements of the
CWA, and corrected amendments made in a final rule published on September 21, 1998 (63 Fed. Reg.
50388).
Sections 7.2 and 13.3 of the Illinois Environmental Protection Act (Act) (415 ILCS 5/7.2 and 13.3
(1998)) provide for quick adoption of regulations that are identical-in-substance to federal wastewater
pretreatment regulations that the USEPA adopts. 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 and 5-40 (1998)), do not
Environmental Register - July 2000
9
apply to the Board’s adoption of identical in substance regulations. Therefore, the amendments are not
subject to first or second-notice review by the Joint Committee on Administrative Rules.
For additional information contact: Steven C. Langhoff at 217/782-2615; e-mail
langhofs@ipcb.state.il.us.
Board Adopts First-Notice Proposal in In the Matter of: Proposed Amendments to Tiered
Approach to Corrective Action Objectives (TACO) (35 Ill. Adm. Code 742),
R00-19(A) and R00-19(B)
On July 27, 2000, the Board proposed rules to amend 35 Ill. Adm. Code 742 for first notice publication
in the
Illinois Register
. On May 15, 2000, the Illinois Environmental Protection Agency (Agency) filed a
proposal to amend 35 Ill. Adm. Code 742 of the Board’s land regulations, which are commonly referred
to as the TACO rules. Part 742 contains procedures for developing remediation objectives based on risks
to human health and the environment posed by environmental conditions at sites undergoing remediation
in the Site Remediation Program, the Leaking Underground Storage Tank Program, and pursuant to
Resource Conservation and Recovery Act Part B permits and closures. The TACO rules were originally
adopted by the Board in
In re
Tiered Approach to Corrective Action Objectives (TACO): 35 Ill. Adm.
Code 742 (June 5, 1997), R97-12(A).
To facilitate rulemaking, the Board divided the Agency proposal into two subdockets. The amendments
proposed in subdocket A pertain to “Environmental Land Use Controls,” (ELUCs), which are subject to a
statutory adoption deadline. They must be adopted as final rules no later than January 6, 2001. See Pub.
Act 91-0909. None of the remaining amendments (those in subdocket B) are subject to that adoption
deadline. For that reason, the Board separated this rulemaking into two subdockets.
Both subdockets will proceed to first notice and public hearing simultaneously. To further expedite this
rulemaking, the public hearings have already been scheduled pursuant to a hearing officer order issued on
July 21, 2000. The dates and locations for all the scheduled hearings are reflected on the Board’s
Calendar in this issue of the
Environmental Register
. If necessary, a third hearing will be held in Chicago
on September 22, 2000.
For additional information contact: Amy Jackson at 217/524-8507; e-mail: jacksona@ipcb.state.il.us.
IEPA Restricted Status List
Illinois Environmental Protection Agency
Division of Water Pollution Control
Restricted Status List
In order to comply with 35 Illinois Administrative Code Section 306.401, Illinois Pollution Control
Board Regulations, the Illinois EPA has prepared the following list of facilities, which are on Restricted
Status. Restricted Status is defined as the Agency determination that a sewer or lift station has reached
hydraulic capacity or that a sewage treatment plant has reached design capacity, such that additional sewer
connection permits may no longer be issued without causing a violation of the Act or Regulations. Please
note that the list is continually being revised to reflect the current situation. Therefore, if you have any
questions on the capability of a treatment facility or transport system, please contact this Agency for a
final determination. This listing reflects the status as of June 30, 2000.
Facility names followed by an asterisk (*) indicates that construction is underway to ultimately alleviate
problems which resulted in imposition of Restricted Status.
10
Facilities followed by a double asterisk (**) are additions to the list.
Remaining
Facility Name
Responsible Authority
County
Capacity
Bourbonnais (Belle Aire Subd.)
Village of Bourbonnais
Kankakee
0
Camelot Utilities -
Camelot Utilities
Will
0
Wastewater Collection System
Camp Point (a portion mh 60-68)
Village of Camp Point
Adams
0
Clearview S.D.
Clearview S.D.
McLean
0
East Alton STP
City of East Alton
Madison
0
Farmington
City of Farmington
Fulton
0
Hinckley STP
Village of Hinckley
DeKalb
0
Hurst & Blairville Collection System
City of Hurst
Williamson
0
Maple Lawn Homes STP
Maple Lawn Homes
Woodford
0
Port Byron STP
Village of Port Byron
Rock Island
0
Rosewood Heights S.D. -
Rosewood Heights S.D.
Madison
0
Ninth Street LS
South Palos Twp. S.D.
South Palos Twp.
South Palos Twp.
0
Taylorville-Shawnee Ave.
City of Taylorville
Christian
0
Pump Station
Utilities Unlimited
Utilities Unlimited
Will
0
Washington (Rolling Meadows)
City of Washington
Tazewell
0
Wauconda - Larksdale LS
Village of Wauconda
Lakes
0
Deletions from previous Quarterly Report: Clinton Collection System
IEPA Critical Review List
Illinois Environmental Protection Agency
Division of Water Pollution Control
Critical Review List
In order to comply with 35 Illinois Administrative Code Section 306.401, Illinois Pollution Control
Board Regulations, the Illinois EPA has prepared the following list of facilities, which are on Critical
Review. Critical Review is defined as the Agency determination that a sewer or lift station is approaching
hydraulic capacity or that a sewage treatment plant is approaching design capacity such that additional
sewer connection permit applications will require close scrutiny to determine whether issuance would
result in a violation of the Act or Regulations. Please note that these lists are continually being revised to
reflect the current situation. Therefore, if you have any questions on the capability of a treatment facility
or transport system, please contact the Agency for a final determination. This listing reflects the status as
of June 30, 2000.
Facilities followed by a double asterisk (**) are additions to the list.
PE
Added
Facility
Responsible
Remaining
Since
Name
Authority
County
Capacity
Last List
Environmental Register - July 2000
11
Athens STP
City of Athens
Menard
194
0
Beardstown S.D.
City of Beardstown
Cass
1,769
0
Benton-
City of Benton
Franklin
60
0
Southeast STP
Bethalto (L.S. #1)
Village of Bethalto
Madison
87
0
Bonnie Brae Forest
Bonnie Brae Forest
Will
110
0
Manor SD STP
Manor SD
Carrier Mills
Village of Carrier Mills
Saline
836
0
Carrollton
City of Carrollton
Greene
140
0
Chester STP
City of Chester
Randolph
485
0
Citizens Utilities C. of Ill
Citizens Utilites C. of Ill
Will
0
0
Derby Meadows Utility
Co STP
Citizens Utilities C. of Ill
Citizens Utilites C. of Ill
Will
10
0
River Grange
Dakota STP
Village of Dakota
Stephenson
90
0
Downers Grove S.D.
Downers Grove S.D.
DuPage
5,173
0
Earlville
City of Earlville
LaSalle
127
0
East Dundee STP
Village of E. Dundee
Kane
689
0
Elkville
Village of Elkville
Jackson
6
0
Ferson Creek Utilities
Utilities, Inc.
Will
70
0
Herscher
Village of Herscher
Kankakee
300
0
LCPWD-Diamond-
County of Lake Public
Lake
0
28
Sylvan STP
Works Department
Lake Barrington Home
Owners Assn. STP
LBHOA
Lake
80
0
Lindenhurst S.D.
Village of Lindenhurst
Lake
1,312
0
Moline (North Slope)
City of Moline
Rock Island
1,151
0
Morris
City of Morris
Grundy
0
0
Mundelein STP
Village of Mundelein
Lake
0
0
Paris STP
City of Paris
Edgar
1,705
42
Plainfield STP
Village of Plainfield
Will
1,081
1019
Rock Island (Main)
City of Rock Island
Rock Island
4,871
0
Sandwich
City of Sandwich
DeKalb/Kendall
681
0
Thompsonville STP
Village of Thompsonville
Franklin
0
0
Wauconda - Remaining
Village of Wauconda
Lake
***
365
Collection System
& Lakeview Villa LS
Deletions from previous Quarterly Report: Creve Coeur, Hoopeston
***Contact IEPA - Permit Section
12
Board Actions
July 13, 2000
Chicago, Illinois
Rulemakings
R00-15
In the Matter of: Wastewater Pretreatment Update, USEPA Regulations (July
1, 1999 through December 31, 1999) - The Board adopted a final opinion and
order in this “identical-in-substance” rulemaking to amend the Board’s
wastewater pretreatment regulations.
7-0
R, Water
R00-18
In the Matter of: Conforming and Technical Amendments to 35 Ill. Adm. Code
809 - The Board adopted a second notice opinion and order in this matter to
amend the Board’s solid waste and special waste hauling regulations.
7-0
R, Land
Administrative Citations
AC 00-33
County of Sangamon v. American Tree Service, Roy F. Throop - The Board
granted complainant’s motion for voluntary dismissal of this administrative
citation involving a Sangamon County facility.
6-0
Kezelis
abstained
AC 00-82
County of Ogle v. Leonard Hagemann - In response to a joint stipulation and
settlement agreement in this administrative citation action involving an Ogle
County facility, the Board found respondent had violated Section 21(p)(3) of
the Environmental Protection Act (Act) (415 ILCS 5/21(p)(3) (1998)), and
ordered respondent to pay a civil penalty of $1,500.
7-0
AC 00-83
County of Ogle v. Jeff and Stella Allen - The Board found that these Ogle
County respondents violated Sections 21(p)(1), 21(p)(3), and 21(p)(7) of the
Act (415 ILCS 5/21(p)(1), (3), (7) (1998)), and ordered respondents to pay a
civil penalty of $4,500.
7-0
AC 00-84
IEPA v. James Day - The Board accepted for hearing this petition for review of
an administrative citation against this Champaign County respondent.
7-0
Adjudicatory Cases
•
Decisions
PCB 98-95
People of the State of Illinois v. Meyer Steel Drum, Inc. - In this air
enforcement action concerning two facilities located in
Cook
County, Illinois,
the Board granted relief from the hearing requirement of Section 31(c)(2) of
the Act (415 ILCS 5/31(c)(2) (1998)), accepted a final stipulation and
settlement agreement, ordered the respondent to pay a civil penalty of
$8,000
,
and ordered respondent to cease and desist from further violations.
7-0
A-E
PCB 98-145
People of the State of Illinois v. Bodine Electric Company - In this air
enforcement action concerning a facility located in
Cook
County, Illinois, the
Board granted relief from the hearing requirement of Section 31(c)(2) of the
Act (415 ILCS 5/31(c)(2) (1998)), accepted a final stipulation and settlement
agreement, ordered the respondent to pay a civil penalty of
$75,000
, and ordered
respondent to cease and desist from further violations.
7-0
A-E
Environmental Register - July 2000
13
PCB 98-164
City of Rock Island v. IEPA - The Board granted this Rock Island County
petitioner a variance, subject to conditions, from 35 Ill. Adm. Code 305.306
and the Board’s combined sewer overflow exception order (
In re
The Joint Petition
of the City of Rock Island and the Illinois Environmental Protection Agency for Exception to
the Combined Sewer Overflow Regulations (May 9, 1986), PCB 85-214), insofar as they
require Rock Island to operate its main treatment plant at a maximum design flow of 16
million gallons per day
.
6-0
Manning
abstained
W-V,
NPDES
PCB 00-31
People of the State of Illinois v. Reilly Industries, Inc. - In this Resource
Conservation and Recovery Act enforcement action concerning a facility
located in Madison County, Illinois, the Board granted relief from the hearing
requirement of Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1998)),
accepted a final stipulation and settlement agreement, ordered the respondent
to pay a civil penalty of
$20,000
, and ordered respondent to cease and desist
from further violations.
7-0
RCRA-E
PCB 00-73
City of Rock Island v. IEPA - The Board remanded this appeal of a National
Pollutant Discharge Elimination System permit to the Illinois Environmental
Protection Agency for re-issuance of a new permit consistent with the terms of
the Board’s opinion and order in this matter.
6-0
Manning
abstained
P-A, NPDES
PCB 00-201
People of the State of Illinois v. Village of Chesterfield, Lawrence Lipe &
Associates and Moniger Excavating Company - In this public water supply
enforcement action concerning a facility located in Macoupin County, Illinois,
the Board granted relief from the hearing requirement of Section 31(c)(2) of
the Act (415 ILCS 5/31(c)(2) (1998)), accepted a final stipulation and
settlement agreement, ordered the respondents to pay a civil penalty of
$5,250
,
and ordered respondents to cease and desist from further violations.
7-0
PWS-E
Motions and Other Matters
PCB 93-191
People of the State of Illinois v. Estate of Lloyd Wiemann and Cheryl
Halbrooks; and Estate of Lloyd Wiemann v. Cheryl Halbrooks - Upon receipt
of a proposed stipulation and settlement agreement intended to settle both the
complaint and the cross-complaint and an agreed motion to request relief from
the hearing requirement in this underground storage tank appeal enforcement
action involving a facility located in Madison County, the Board ordered
publication of the required newspaper notice.
7-0
UST-E
PCB 95-127
Meyer Steel Drum, Inc. v. IEPA - The Board granted petitioner’s motion for
voluntary dismissal of this permit appeal involving a Cook County facility.
7-0
P-A, Air
PCB 98-4
L. Keller Oil Properties, Inc. and Charles F. Keller (Collinsville/Keller Oil) v.
IEPA - The Board granted petitioners’ motion for voluntary dismissal of this
underground storage tank appeal involving a Madison County facility.
7-0
UST-Appeal
PCB 98-5
L. Keller Oil Properties, Inc. and Charles F. Keller (Sandoval/Keller Oil) v.
IEPA - The Board granted petitioners’ motion for voluntary dismissal of this
underground storage tank appeal involving a Marion County facility.
7-0
UST-Appeal
PCB 98-6
L. Keller Oil Properties, Inc. and Charles F. Keller (Centralia/Keller Oil) v.
IEPA - The Board granted petitioners’ motion for voluntary dismissal of this
underground storage tank appeal involving a Marion County facility.
7-0
UST-Appeal
14
PCB 98-23
L. Keller Oil Properties, Inc. and Charles F. Keller (Effingham/Keller Oil) v.
IEPA - The Board granted petitioners’ motion for voluntary dismissal of this
underground storage tank appeal involving an Effingham County facility.
7-0
UST-Appeal
PCB 98-87
L. Keller Oil Properties, Inc. v. IEPA - The Board granted petitioner’s motion
for voluntary dismissal of this underground storage tank appeal involving a
Marion County facility.
7-0
UST-Appeal
PCB 99-7
L. Keller Oil Properties, Inc. and Charles F. Keller (Effingham/Keller Oil) v.
IEPA - The Board granted petitioners’ motion for voluntary dismissal of this
underground storage tank appeal involving an Effingham County facility.
7-0
UST-Appeal
PCB 99-20
L. Keller Oil Properties, Inc. (Salem/Keller Oil Company) v. IEPA - The Board
granted petitioner’s motion for voluntary dismissal of this underground storage
tank appeal involving a Marion County facility.
7-0
UST-Appeal
PCB 99-72
People of the State of Illinois v. Lake of Egypt Water District, Willis Dale
Shadowens, and Gary R. Rhodes - Upon receipt of a proposed stipulation and
settlement agreement and an agreed motion to request relief from the hearing
requirement in this public water supply enforcement action involving a facility
located in Williamson County, the Board ordered publication of the required
newspaper notice.
7-0
PWS-E
PCB 99-82
Michael R. Pawlowski and Diane K. Pawlowski v. David Johansen and Troy
Quinley, individually and d/b/a Benchwarmers Pub, Inc. - The Board denied
respondents’ motion to reconsider the April 6, 2000 Board order.
7-0
N-E, Citizens
PCB 00-132
People of the State of Illinois v. Illinois Industrial Plating - 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 involving a
facility located in Peoria County, the Board ordered publication of the required
newspaper notice.
7-0
A-E
PCB 00-135
People of the State of Illinois v. Berge Plating Works, 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 involving a
facility located in Rock Island County, the Board ordered publication of the
required newspaper notice.
7-0
A-E
PCB 00-181
MDI Limited Partnership #42 v. Regional Board of Trustees for Boone and
Winnebago Counties, and Board of Education of Belvidere District 100 - The
Board denied the motion to dismiss filed by the Regional Board of Trustees for
Boone and Winnebago Counties and accepted the case for hearing finding the
complaint was not duplicitous or frivolous.
6-1
Flemal
dissented
UST-E,
Citizens
PCB 00-185
National Car Rental System, Inc. v. IEPA - Having previously granted a request
for a 90-day extension, the Board dismissed this matter because no
underground storage tank appeal was timely filed on behalf of this Cook County
facility.
7-0
UST-Appeal
PCB 00-186
Corn Belt Electric Cooperative v. IEPA - Having previously granted a request
for a 90-day extension, the Board dismissed this matter because no
underground storage tank appeal was timely filed on behalf of this McLean
County facility.
7-0
UST-FRD
Environmental Register - July 2000
15
PCB 00-188
Ozinga Transportation Services v. IEPA - The Board accepted for hearing this
underground storage tank appeal involving a Cook County facility.
Respondent’s
motion for extension of time in which to file the administrative record
was
referred to the hearing officer for disposition.
7-0
UST-FRD
PCB 00-219
Stephen G. Brill v. Henry Latoria, TL Trucking Foodliner - The Board found
that this complaint involving a Cook County facility was not duplicitous or
frivolous, and accepted it for hearing.
7-0
N-E, Citizens
PCB 00-224
Chicago Fire Brick 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
this Cook County facility.
7-0
UST-FRD
90-Day Ext.
PCB 00-225
Lake County v. IEPA - The Board granted this request for a 90-day extension of
time to file an underground storage tank appeal on behalf of this Lake County
facility.
7-0
UST-Appeal
90-Day Ext.
PCB 00-226
Equilon Enterprises L.L.C. v. IEPA - The Board granted this request for a 90-
day extension of time to file a permit appeal on behalf of this DuPage County
facility.
7-0
P-A, Air
90-Day Ext.
PCB 00-227
People of the State of Illinois v. Goelitz Confectionery Company and Goelitz
Confectionery Export Company, Inc. - The Board accepted for hearing this air
enforcement action against this Cook County facility.
7-0
A-E
PCB 00-228
Riverdale Recycling, Inc. and Tri-State Disposal, Inc. v. IEPA - The Board
accepted for hearing this permit appeal involving a Cook County facility.
Respondent’s
motion for extension of time in which to file the administrative record
was
referred to the hearing officer for disposition.
7-0
P-A, Land
PCB 01-1
People of the State of Illinois v. Metals Technology Corporation - The Board
accepted for hearing this air enforcement action against this DuPage County
facility.
7-0
A-E
PCB 01-2
People of the State of Illinois v. National Material L.P. d/b/a National
Lamination Company, and NM Holding, Inc. - The Board accepted for hearing
this air enforcement action against this Cook County facility.
7-0
A-E
PCB 01-3
People of the State of Illinois v. City of Winchester, Benton & Associates, Inc.
and R&G Construction - The Board accepted for hearing this public water
supply enforcement action against this Scott County facility.
7-0
PWS-E
PCB 01-4
Naperville Radiator Services v. IEPA - The Board granted this request for a 90-
day extension of time to file a permit appeal on behalf of this DuPage County
facility.
7-0
UST-FRD
90-Day Ext.
PCB 01-5
People of the State of Illinois v. Roecker Cabinets, Inc., d/b/a Roecker Cabinet
& Millwork - The Board accepted for hearing this Resource Conservation and
Recovery Act enforcement action against this Tazewell County facility.
7-0
RCRA-E
July 27, 2000
Chicago, Illinois
16
Rulemakings
R00-19(A)
In the Matter of: Proposed Amendments to Tiered Approach to Corrective
Action Objectives: 35 Ill. Adm. Code 742 - The Board on its on motion
separated the Illinois Environmental Protection Agency proposal into two sub-
dockets. In sub-docket R00-19(A), the Board adopted a first notice opinion
and order to amend the standards for tiered approach to corrective action
objectives (35 Ill. Adm. Code 742). The proposed amendments, whose
adoption by January 6, 2001, by Public Act 91-909, establish a new legal
instrument, the “Environmental Land Use Control”.
6-0
R. Land
R00-19(B)
In the Matter of: Proposed Amendments to Tiered Approach to Corrective
Action Objectives: 35 Ill. Adm. Code 742 - The Board adopted a first notice
opinion and order in this matter to amend the standards for tiered approach to
corrective action objectives (35 Ill. Adm. Code 742); there is no statutory
adoption deadline for theses sub-docket B rules.
6-0
R. Land
R01-2
In the Matter of: RCRA Subtitle D Update, USEPA Regulations (January 1,
2000 through June 30, 2000) - The Board dismissed this reserved identical-in-
substance docket because the one United States Environmental Protection
Agency amendment to its non-hazardous waste regulations during the update
period.
6-0
R, Land
R01-4
In the Matter of: UST Update, USEPA Regulations (January 1, 2000 through
June 30, 2000) 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.
6-0
R, Land
R01-6
In the Matter of: Exemptions from the Definition of VOM Update, USEPA
Regulations (January 1, 2000 through June 30, 2000) - 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.
6-0
R, Air
Adjusted Standards
AS 99-6
In the Matter of: Petition of Illinois-American Water Company’s Alton Public
Water Supply Replacement Facility Discharge to the Mississippi River for an
Adjusted Standard from 35 Ill. Adm. Code 304.124, 304.106, and 302.203 -
The Board granted the parties’ joint motion for expedited decision and will
decide the matter as expeditiously as practicable.
5-0
Girard
abstained
Water
AS 00-15
In the Matter of: Petition of Heritage Environmental Services, Inc. for an
Adjusted Standard from 35 Ill. Adm. Code 702.126(d)(1) - The Board accepted
for hearing this Cook County facility’s petition for an adjusted standard from
the Resource Conservation and Recovery Act certification requirements found
at 35 Ill. Adm. Code 702.126(d)(1).
6-0
RCRA
Adjudicatory Cases
•
Decisions
Environmental Register - July 2000
17
PCB 99-72
People of the State of Illinois v. Lake of Egypt Water District, Willis Dale
Shadowens and Gary R. Rhodes - In this public water supply enforcement action
concerning a facility located in Williamson County, Illinois, the Board granted
relief from the hearing requirement of Section 31(c)(2) of the Act (415 ILCS
5/31(c)(2) (1998)), and accepted a final stipulation and settlement agreement
as to Willis Dale Shadowens only. The Board ordered respondent to pay a civil
penalty of
$25,000
, and to cease and desist from further violations.
6-0
PWS-E
PCB 00-132
People of the State of Illinois v. Industrial Plating - In this air enforcement
action concerning a facility located in Peoria County, Illinois, the Board
granted relief from the hearing requirement of Section 31(c)(2) of the Act
(415 ILCS 5/31(c)(2) (1998)), and accepted a final stipulation and settlement
agreement. The Board ordered the respondent to pay a civil penalty of
$2,500
,
and to cease and desist from further violations.
6-0
A-E
•
Provisional Variances
PCB 01-12
City of Belvidere v. IEPA - Upon receipt of an Illinois Environmental
Protection Agency recommendation, the Board granted this Boone County
petitioner a 45-day provisional variance, subject to conditions, from the five-
day biochemical oxygen demand and suspended solids limits set forth at 35 Ill.
Adm. Code 304.120(c) and 304.141(a).
6-0
W-V
PCB 01-13
City of Wood Dale v. IEPA - Upon receipt of an Illinois Environmental
Protection Agency recommendation, the Board granted this DuPage County
petitioner a 45-day provisional variance, subject to conditions, from the
effluent limits set forth at 35 Ill. Adm. Code 304.141(a) and the excess flow
limits in National Pollutant Discharge Elimination System Permit No.
IL0034274.
6-0
W-V
Motions and Other Matters
PCB 99-94
People of the State of Illinois v. Graham C-Stores Company - Upon receipt of a
proposed stipulation and settlement agreement and an agreed motion to request
relief from the hearing requirement in this air enforcement action involving a
facility located in Cook County, the Board ordered publication of the required
newspaper notice.
6-0
A-E
PCB 99-95
People of the State of Illinois v. Graham Enterprise, 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 involving a
facility located in Cook County, the Board ordered publication of the required
newspaper notice.
6-0
A-E
PCB 99-191
People of the State of Illinois v. Panhandle Eastern Pipe Line Company - The
Board granted respondent’s motion for leave to file its responses to
complainant’s June 19, 2000 motions. The Board denied complainant’s
request for leave to reply to respondent’s June 6, 2000 response,
complainant’s motion for leave to file its motion to strike respondent’s
affirmative defenses and complainant’s amended motion to incorporate.
6-0
A-E
Back to top
New Cases
18
July 13, 2000 Board Meeting
00-223 Silver Glen Homeowners’ Association, Inc. v. IEPA, Mark Kaplan and B. Davidson Custom
Homes, Inc. - No action taken.
00-224 Chicago Fire Brick 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 this Cook County facility.
00-225 Lake County v. IEPA - The Board granted this request for a 90-day extension of time to file an
underground storage tank appeal on behalf of this Lake County facility.
00-226 Equilon Enterprises L.L.C. v. IEPA - The Board granted this request for a 90-day extension of
time to file a permit appeal on behalf of this DuPage County facility.
00-227 People of the State of Illinois v. Goelitz Confectionery Company and Goelitz Confectionery
Export Company, Inc. - The Board accepted for hearing this air enforcement action against this Cook
County facility.
00-228
Riverdale Recycling, Inc. and Tri-State Disposal, Inc. v. IEPA
- The Board accepted for hearing
this permit appeal involving a Cook County facility. Respondent’s motion for extension of time in which
to file the administrative record was referred to the hearing officer for disposition.
01-01 People of the State of Illinois v. Metals Technology Corporation - The Board accepted for hearing
this air enforcement action against this DuPage County facility.
01-02 People of the State of Illinois v. National Material L.P. d/b/a National Lamination Company, and
NM Holding, Inc. - The Board accepted for hearing this air enforcement action against this Cook County
facility.
01-03 People of the State of Illinois v. City of Winchester, Benton & Associates, Inc. and R&G
Construction - The Board accepted for hearing this public water supply enforcement action against this
Scott County facility.
01-04 Naperville Radiator Services v. IEPA - The Board granted this request for a 90-day extension of
time to file a permit appeal on behalf of this DuPage County facility.
01-05 People of the State of Illinois v. Roecker Cabinets, Inc., d/b/a Roecker Cabinet & Millwork - The
Board accepted for hearing this Resource Conservation and Recovery Act enforcement action against this
Tazewell County facility.
AC 00-85 IEPA v. Waste Management of Illinois, Inc. and Mike Wiersema - The Board accepted an
administrative citation against these Whiteside County respondents.
AC 00-86 IEPA v. Streator Area Landfill, Inc. and Brian N. Holcomb - The Board accepted an
administrative citation against these Livingston County respondents.
AC 00-87 IEPA v. Olen G. Parkhill, Jr. - The Board accepted an administrative citation against this
Champaign County respondent.
AC 01-1 IEPA v. Don Pritchett - The Board accepted an administrative citation against this Saline County
respondent.
AC 01-2 IEPA v. City of Eldorado, Illinois - The Board accepted an administrative citation against this
Saline County respondent.
AC 01-3 IEPA v. Landfill 33, Ltd. and Richard Deibel - The Board accepted an administrative citation
against these Effingham County respondents.
AS 01-1 IEPA v. James Day - In the Matter of: Petition of City of Elgin for an Adjusted Standard from 35
Ill. Adm. Code 304.125 and 35 Ill. Adm. Code 302.204 - Pending receipt of the certificate of publication,
Environmental Register - July 2000
19
the Board held this Cook County facility’s petition for an adjusted standard from the pH water quality
standard and effluent limitation found at 35 Ill. Adm. Code 304.125 and 302.204.
R01-1
In the Matter of: UIC Update, USEPA Amendments (January 1, 2000 through June 30, 2000) -
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, 2000, through June 30, 2000.
R01-2
In the Matter of: RCRA Subtitle D Update, USEPA Amendments (January 1, 2000 through June
30, 2000) - 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, 2000, through June 30,
2000.
R01-3 In the Matter of: RCRA Subtitle C Update, USEPA Amendments (January 1, 2000 through June
30, 2000) - 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, 2000, through June 30,
2000.
R01-4 In the Matter of: UST Update, USEPA Amendments (January 1, 2000 through June 30, 2000) -
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, 2000, through June 30, 2000.
R01-5 In the Matter of: Wastewater Pretreatment Update, USEPA Amendments (January 1, 2000 through
June 30, 2000) - 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, 2000, through June 30,
2000.
R01-6 In the Matter of: Definition of VOM Update, USEPA Amendments (January 1, 2000 through June
30, 2000) - 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, 2000, through June 30,
2000.
R01-7 In the Matter of: SDWA Update, USEPA Amendments (January 1, 2000 through June 30, 2000) -
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, 2000, through June 30, 2000.
R01-8 In the Matter of: Amendments to Diesel Opacity Rules Required by P.A. 91-254 and P.A. 91-865
- The Board reserved this docket for a future rulemaking to amend the Board’s air pollution control
regulations.
R01-9 In the Matter of: Proposed New 35 Ill. Adm. Code 217, Subpart W, The NOX Trading Program for
Electrical Generating Units, and Amendments to 35 Ill. Adm. Code 211 and 217 - The Board accepted the
Illinois Environmental Protection Agency’s July 11, 2000 fast-track proposal to amend the Board’s air
pollution control regulations, granted in part and denied in part the motion to waive the requirement, and
adopted a first notice opinion and order, noting that the rules must be adopted 180-days from the filing of
the proposal.
20
R01-10 In the Matter of: Natural Gas-Fired, Peak-Load Electrical Power Generating Facilities (Peaker
Plants) - In response to a letter dated July 6, 2000 from Governor George Ryan, the Board determined to
hold a series of inquiry hearings in August, September and early October, 2000, to develop an information
record concerning the potential environmental impact of natural gas-fired, peak-load electrical power
generating facilities, known as peaker plants. The Board anticipates submitting a report to the Governor at
the end of December 2000.
July 27, 2000 Board Meeting
01-6 Philip S. Dallosto v. Village of Hampshire - The Board held for a later duplicitous/frivolous
determination this citizen air enforcement action involving a Kane County facility.
01-7 People of the State of Illinois v. QC Finishers, Inc. - The Board accepted for hearing this air
enforcement action against this Cook County facility.
01-8 People of the State of Illinois v. Larry Barry, Inc. d/b/a Larry’s Marathon Warehouse - The Board
accepted for hearing this land enforcement action against this Christian County facility.
01-9 Z-Frank Oldsmobile, 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 this Cook County facility.
01-10 Sparta Airport Authority v. IEPA - The Board granted this request for a 90-day extension of time to
file an underground storage tank appeal on behalf of this Randolph County facility.
00-11
People of the State of Illinois v. Reichhold, Inc. - Upon receipt of a complaint, proposed
stipulation and settlement agreement, and an agreed motion to request relief from the hearing requirement
in this air enforcement action involving respondents located in Grundy County, the Board ordered
publication of the required newspaper notice.
01-12 City of Belvidere v. IEPA - Upon receipt of an Illinois Environmental Protection Agency
recommendation, the Board granted this Boone County petitioner a 45-day provisional variance, subject
to conditions, from the five-day biochemical oxygen demand and suspended solids limits set forth in 35
Ill. Adm. Code 304.120(c) and 304.141(a).
01-13 City of Wood Dale v. IEPA - Upon receipt of an Illinois Environmental Protection Agency
recommendation, the Board granted this DuPage County petitioner a 45-day provisional variance, subject
to conditions, from the effluent limits set forth in 35 Ill. Adm. Code 304.141(a) and the excess flow
limits in National Pollutant Discharge Elimination System Permit No. IL0034274.
AC 01-04 IEPA v. Steve Spencer - The Board accepted an administrative citation against this Schuyler
County respondent.
AC 01-05 IEPA v. Billy Hammond - The Board accepted an administrative citation against this Franklin
County respondent.
Environmental Register - July 2000
21
Board Calendar
8/10/2000
11:00 am
Illinois Pollution Control Board Meeting
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
8/22/2000
10:00 am
PCB 00-200
American Bottom Conservancy, East St.
Louis Community Action Network, Kathy
Andria and Jack Norman v. Village of
Fairmont City and Waste Management of
Illinois, Inc.
St. Clair County Building
Room B-564 (County Board
Conference Room)
10 Public Square
Belleville, IL
8/23/2000
10:00 am
PCB 00-200
American Bottom Conservancy, East St.
Louis Community Action Network, Kathy
Andria and Jack Norman v. Village of
Fairmont City and Waste Management of
Illinois, Inc.
St. Clair County Building
Room B-564 (County Board
Conference Room)
10 Public Square
Belleville, IL
8/23/2000
10:30 am
R01-10
In the Matter of: Natural Gas-Fired,
Peak-Load Electrical Power Generating
Facilities (Peaker Plants)
James R. Thompson Center
100 W. Randolph Street
Assembly Hall Auditorium
Concourse Level
Chicago, IL
8/24/2000
10:30 am
R01-10
In the Matter of: Natural Gas-Fired,
Peak-Load Electrical Power Generating
Facilities (Peaker Plants)
James R. Thompson Center
100 W. Randolph Street
Assembly Hall Auditorium
Concourse Level
Chicago, IL
8/24/2000
11:00 am
Illinois Pollution Control Board Meeting
James R. Thompson Center
100 W. Randolph Street
Room 9-040
Chicago, IL
8/25/2000
10:00 am
R00-19(A) & (B)
In the Matter of: Proposed Amendments
to Tiered Approach to Corrective Action
Objectives (35 Ill. Adm. Code 742)
(TACO)
James R. Thompson Center
100 W. Randolph Street
Room 9-040
Chicago, IL
8/28/2000
1:00 pm
R01-9
In the Matter of: Proposed New 35 Ill.
Adm. Code 217, Subpart W, The NOX
Trading Program for Electrical
Generating Units, and Amendments to 35
Ill. Adm. Code 211 and 217
City Hall Chambers
Municipal Center West
300 S. Seventh St.
Springfield, IL
9/7/2000
11:00 am
Illinois Pollution Control Board Meeting
James R. Thompson Center
100 W. Randolph Street
Room 9-040
Chicago, IL
9/7/2000
3:00 pm
R01-10
In the Matter of: Natural Gas-Fired,
Peak-Load Electrical Power Generating
Facilities (Peaker Plants)
Naperville City Hall
City Council Chambers
400 S. Eagle St.
Naperville, IL
22
9/11/2000
10:00 am
R00-19(A) & (B)
In the Matter of: Proposed Amendments
to Tiered Approach to Corrective Action
Objectives (35 Ill. Adm. Code 742)
(TACO)
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
9/12/2000
10:00 am
R00-19(A) & (B)
In the Matter of: Proposed Amendments
to Tiered Approach to Corrective Action
Objectives (35 Ill. Adm. Code 742)
(TACO)
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
9/14/2000
3:00 pm
R01-10
In the Matter of: Natural Gas-Fired,
Peak-Load Electrical Power Generating
Facilities (Peaker Plants)
Joliet Junior College
K Building – Theater
1215 Houbolt Road
Joliet, IL
9/18/2000
9:30 am
PCB 99-191
People of the State of Illinois v.
Panhandle Eastern Pipe Line Company
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
9/19/2000
9:30 am
PCB 99-191
People of the State of Illinois v.
Panhandle Eastern Pipe Line Company
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
9/20/2000
9:30 am
PCB 99-191
People of the State of Illinois v.
Panhandle Eastern Pipe Line Company
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
9/21/2000
9:30 am
PCB 99-191
People of the State of Illinois v.
Panhandle Eastern Pipe Line Company
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
9/21/2000
11:00 am
Illinois Pollution Control Board Meeting
James R. Thompson Center
100 W. Randolph Street
Room 9-040
Chicago, IL
9/21/2000
3:00 pm
R01-10
In the Matter of: Natural Gas-Fired,
Peak-Load Electrical Power Generating
Facilities (Peaker Plants)
College of Lake County
Grayslake Campus
Auditorium, Room C005
19351 W. Washington St.
Grayslake, IL
9/22/2000
9:30 am
PCB 99-191
People of the State of Illinois v.
Panhandle Eastern Pipe Line Company
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
Environmental Register - July 2000
23
9/22/2000
10:00 am
R00-19(A) & (B)
In the Matter of: Proposed Amendments
to Tiered Approach to Corrective Action
Objectives (35 Ill. Adm. Code 742)
(TACO)
James R. Thompson Center
100 W. Randolph Street
Room 9-040
Chicago, IL
9/26/2000
9:30 am
R01-9
In the Matter of: Proposed New 35 Ill.
Adm. Code 217, Subpart W, The NOX
Trading Program for Electrical
Generating Units, and Amendments to 35
Ill. Adm. Code 211 and 217
James R. Thompson Center
100 W. Randolph Street
Room 9-040
Chicago, IL
10/5/2000
11:00 am
Illinois Pollution Control Board Meeting
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
10/5/2000
1:00 pm
R01-10
In the Matter of: Natural Gas-Fired,
Peak-Load Electrical Power Generating
Facilities (Peaker Plants)
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
10/6/2000
10:00 am
(If needed)
R01-10
In the Matter of: Natural Gas-Fired,
Peak-Load Electrical Power Generating
Facilities (Peaker Plants)
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
10/10/2000
1:00 pm
R01-9
In the Matter of: Proposed New 35 Ill.
Adm. Code 217, Subpart W, The NOX
Trading Program for Electrical
Generating Units, and Amendments to 35
Ill. Adm. Code 211 and 217
James R. Thompson Center
100 W. Randolph Street
Suite 11-500
Chicago, IL
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Environmental Register Comment Card
4
The Illinois Pollution Control Board is an independent seven-member board that adopts
environmental control standards, rules on enforcement actions,
and other environmental disputes for the State of Illinois.
The Environmental Register is published monthly by the Board, and contains
updates on rulemakings, descriptions of final decisions, the Board’s hearing calendar, and
other environmental law information.
------------------------------------------------CUT HERE------------------------------------------------
Illinois Pollution Control Board
Environmental Register Coordinator
600 South Second Street, Suite 402
Springfield, Illinois 62704
Environmental Register - July 2000
5
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