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
Web Site: http://www.ipcb.state.il.us
Letter From the Chairman
August 2000 was a very busy month for the Board. The hearing process on the
proposed amendments to Tiered Approach to Corrective Action Objectives
(TACO) rulemaking, the Peaker Plant Inquiry, and the Illinois Environmental
Protection Agency’s proposals to amend rules to control the nitrogen oxides
(NOx) emissions from fossil fuel electrical generating units began. All three
of these issues are important to the environmental well being of Illinois and its
residents.
In a letter from Governor George H. Ryan dated July 6, 2000, the Board was
asked to hold public hearings and request public comment on whether more
regulations are needed to regulate peaker plants, and if the plants pose a unique
threat to the environment. During August, the Board heard from the Illinois
Commerce Commission, the Illinois Environmental Protection Agency (Agency), the Department of Natural
Resources and various industry representatives. The Board will hear from the general public, local government
officials, and others who wish to speak on the matter during public hearings in Naperville, Joliet, and Grayslake in
September.
In addition to the Peaker Plant Inquiry hearings, the Board began hearings on proposed amendments to Tiered
Approach to Corrective Actions Objectives (35 Ill. Adm. Code 742). The TACO rules are used by businesses when
cleaning up property that has been contaminated to determine how clean the site must be for specific uses.
The Board also began hearing testimony regarding the Agency’s proposed NOx emissions standards. The Agency's
request results from changes in federal laws. Those changes will require various industries to substantially reduce
NOx emissions over the next several years.
During the next few months, the Board will be considering these issues while continuing to conduct its normal
business of hearing contested cases and other rulemakings. If you have any questions or comments you may
contact the Board's Public Information Coordinator, Connie Newman at our Springfield office by calling 217/782-
7630 or by email at newmanc@ipcb.state.il.us.
Sincerely,
Claire A. Manning, Chairman
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Federal Update
United States Environmental Protection Agency Identifies Approved and Disapproved Elements of the
Great Lakes Guidance Submissions From the States of Michigan, Ohio, Indiana and Illinois; and
Implements Associated Final Rule
On August 4, 2000, USEPA identified approved and disapproved elements of the Great Lakes Guidance
Submissions from the States of Michigan, Ohio, Indiana and Illinois. USEPA also implemented a separate final
rule. 65 Fed. Reg. 47864 (August 4, 2000).
USEPA published the final Water Quality Guidance for the Great Lakes System (the Guidance) on March 23,
1995. Section 118(c) of the Clean Water Act (33 U.S.C. § 1268(c) (1996)) requires the Great Lake States of
Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin to adopt by March 23, 1997,
minimum water quality standards, antidegradation policies, and implementation procedures that are consistent with
the Guidance, and to submit them to USEPA for review and approval. Each of the Great Lakes States made the
submissions.
USEPA took final action on the Guidance Submissions of the States of Michigan, Ohio, Indiana and Illinois.
USEPA's final action consists of approving those elements of the States’ submissions that are consistent with the
Guidance, disapproving those elements that are not consistent with the Guidance, and specifying in a separate final
rule the elements of the Guidance that apply in the portion of each State within the Great Lakes basin where a state
either failed to adopt required elements or adopted elements that are inconsistent with the Guidance. USEPA also
took a separate final action on the Guidance Submissions of the States of Minnesota, New York, Pennsylvania and
Wisconsin.
The final rule became effective September 5, 2000. For further information, contact Mark Morris at 202/260-
0312 or Mery Jackson-Willis at 312/353-3717.
United States Environmental Protection Agency Proposes Control of Emissions of Hazardous Air
Pollutants from Mobile Sources
On August 4, 2000, USEPA proposed regulations for the control of emissions of hazardous air pollutants from
mobile sources. 65 Fed. Reg. 48057 (August 4, 2000).
A range of compounds known as hazardous air pollutants are emitted from motor vehicles and fuels and are known
or suspected to have serious health impacts. USEPA has developed a framework to construct a national mobile
source air toxics program and propose additional controls on gasoline to prevent increases in emissions of
benzene.
USEPA also plans to continue to conduct research and analysis on mobile source air toxics and make a
commitment to revisit the issue of mobile source air toxics controls in a 2004 rulemaking. More specifically,
USEPA looks at the various compounds that are emitted by motor vehicles and identifies those compounds that
should be considered Mobile Source Air Toxics (MSATs). The list of 21 MSATs includes various volatile organic
compounds as well as metal compounds and diesel exhaust. USEPA then evaluates the effectiveness of current
controls in reducing on-highway emissions of these MSATs. USEPA analysis shows that the programs that are
currently in place or have been recently proposed are expected to yield significant reductions of MSATs.
USEPA expects that between 1990 and 2020, these programs will reduce on-highway emissions of benzene,
formaldehyde, 1,3- butadiene, and acetaldehyde by 75 percent or more. In addition, USEPA expects to see on-
highway diesel PM emission reductions of over 90 percent. USEPA also will consider whether there are
additional air toxics controls that should be put in place at this time to further reduce on-highway MSAT
inventories.
With regard to fuels-based controls, USEPA is proposing a gasoline benzene control program that requires
refiners to maintain the current levels of over-compliance with RFG and anti-dumping toxics requirements.
Because the proposed standard for each refinery is the same as the 1998-1999 average gasoline benzene level for
that refinery, USEPA currently anticipates that the proposed standards would impose only negligible costs, if any.
With regard to additional vehicle-based controls, USEPA concludes that it is not appropriate at this time to
propose more stringent standards than the technology forcing standards found in the recently adopted Tier 2 and
recently proposed HD2007 rule standards. Finally, because of USEPA’s concern about the potential future health
impacts of exposure to the public of air toxics from the remaining emissions from mobile sources in the future,
including emissions from nonroad equipment and fuels, it proposes to continue its toxics-related research
activities, in conjunction with other activities currently being conducted. These activities include the National Air
Toxics Activities and the National Air Toxics Program: The Integrated Urban Strategy.
Under this strategy, USEPA expects to continue to improve the understanding of emissions inventories,
assessments of exposure, and the need for and appropriateness of additional MSAT controls for on-highway and
nonroad sources. Based on the information developed through this research, USEPA is proposing to conduct a
future rulemaking to evaluate whether such additional mobile source air toxic controls should be adopted. This
rulemaking is expected to be completed no later than 2004.
Written comments must be received by September 20, 2000. A public hearing was to be held on August 21, 2000,
in Romulus, Michigan. For further information contact Carol Connell at 734/214-4349; e-mail address:
connell.carol@epa.gov.
If adopted by USEPA, the Board would expect the Illinois Environmental Protection Agency to propose a similar
State rule for adoption using the Clean Air Act “fast track” rulemaking procedures in Section 28.5 of the
Environmental Protection Act (415 ILCS 5/28.5 (1998)).
United States Environmental Protection Agency Adopts Accidental Release Prevention Requirements;
Risk Management Programs Under the Clean Air Act Section 112(r)(7); and Distribution of Off-Site
Consequence Analysis Information
On August 4, 2000, in a final rule, USEPA adopted Chapter IV accidental release prevention requirements; risk
management programs under the Clean Air Act (CAA) Section 112(r)(7) (42 U.S.C. § 7412(r)(7) (1996)); and
distribution of off-site consequence analysis information in a final rule. 65 Fed. Reg. 48107 (August 4, 2000).
USEPA and the Department of Justice promulgated a final rule that provides for access to information concerning
the potential off-site consequences of hypothetical accidental chemical releases from industrial facilities. Under
Section 112(r) of the CAA (42 U.S.C. § 7412(r) (1996)), facilities handling large quantities of extremely
hazardous chemicals are required to include that information in a risk management plan submitted to USEPA. As
required by the Chemical Safety Information, Site Security and Fuels Regulatory Relief Act, the final rule provides
members of the public and government officials with access to that information in ways designed to minimize the
likelihood of accidental releases, the risk to national security associated with posting the information on the
Internet, and the likelihood of harm to public health and welfare.
The final rule became effective August 4, 2000. For further information contact Brenda Sue Thornton, Trial
Attorney, at 202/616-5210; John Ferris, Chemical Engineer, at 202/260-4043; or Vanessa Rodriguez, Chemical
Engineer, at 202/260-7913. The Chemical Emergency Preparedness and Prevention Office’s Internet site is
http://www.epa.gov/ceppo.
The Board would expect the Illinois Environmental Protection Agency to propose a similar State rule for adoption
using the Clean Air Act “fast track” rulemaking procedures in Section 28.5 of the Environmental Protection Act
(415 ILCS 5/28.5 (1998)).
United States Environmental Protection Agency Adopts Monitoring Requirements Amendments to
Standards of Performance for New Stationary Sources
On August 10, 2000, USEPA adopted revisions to the monitoring requirements to Performance Specification 1
(PS-1) of 40 C.F.R. Part 60 Appendix B. 65 Fed. Reg. 48914 (August 10, 2000).
The revisions clarify and update requirements for source owners and operators who must install and use
continuous stack or duct opacity monitoring equipment. The revisions also update design and performance
validation requirements for continuous opacity monitoring system (COMS) equipment in 40 C.F.R. Appendix B,
PS-1. These revisions do not change an affected facility's applicable emission standards or requirements to
monitor opacity. However, the revisions do the following: clarify the obligations of owners, operators, and
opacity monitor vendors; reaffirm and update COMS design and performance requirements by incorporating by
reference American Society for Testing and Materials D 6216-98; and provide USEPA and affected facilities with
The rule becomes effective February 6, 2001. For further information contact Solomon Ricks at 919/541-5242.
United States Environmental Protection Agency Adopts Effluent Limitations Guidelines, Pretreatment
Standards, and New Source Performance Standards for the Transportation Equipment Cleaning Point
Source Category
On August 14, 2000, in a final rule, USEPA adopted effluent limitations guidelines, pretreatment standards, and
new source performance standards for the transportation equipment cleaning point source category. 65 Fed. Reg.
49665 (August 14, 2000).
The regulation establishes technology-based effluent limitations guidelines, new source performance standards,
and pretreatment standards for the discharge of pollutants into waters of the United States and into publicly owned
treatment works by existing and new facilities that perform transportation equipment cleaning operations.
Transportation equipment cleaning (TEC) facilities are defined as those facilities that generate wastewater from
cleaning the interior of tank trucks, closed-top hopper trucks, rail tank cars, closed-top hopper rail cars,
intermodal tank containers, tank barges, closed-top hopper barges, and ocean/sea tankers used to transport
materials or cargoes that come into direct contact with the tank or container interior. USEPA established effluent
limitations guidelines for existing facilities and new sources discharging wastewater directly to surface waters.
The rule also covers wastewater generated from washing vehicle exteriors, equipment and floor washings, and TEC
contaminated stormwater at those facilities subject to the TEC effluent limitations guidelines and standards.
USEPA expects that compliance with the rule will reduce the annual discharge of priority pollutants by at least
60,000 pounds per year and result in annual benefits ranging from $1.5 million to $5.5 million. The total
annualized compliance cost of the rule is projected to be $16.1 million (pre-tax).
The final rule becomes effective September 13, 2000. For further information contact John Tinger at 202/260-
4992; e-mail address: tinger.john@epa.gov.
United States Environmental Protection Agency Proposes Cooling Water Intake Structures for New
Facilities’ Regulations under the National Pollutant Discharge Elimination System
On August 15, 2000, USEPA proposed regulations addressing cooling water intake structures for new facilities
under the National Pollutant Discharge Elimination System (NPDES). 65 Fed. Reg. 49059 (August 15, 2000).
The proposed rule would implement Section 316(b) of the Clean Water Act (33 U.S.C. § 1326 (1996)) for new
facilities that use water withdrawn from rivers, streams, lakes, reservoirs, estuaries, oceans or other waters of the
United States for cooling water purposes. The proposed rule would establish national requirements applicable to
the location, design, construction, and capacity of cooling water intake structures at new facilities.
USEPA expects that the proposed national requirements would minimize the adverse environmental impact
associated with the use of these structures. The proposed rule would establish location, design, construction, and
capacity requirements that reflect the best technology available for minimizing adverse environmental impact from
the cooling water intake structure based on the placement of the intake structure and the water body type.
USEPA proposes to group surface water into four categories: freshwater rivers and streams, lakes and reservoirs,
estuaries and tidal rivers, and oceans, and to establish requirements for cooling water intake structures located in
each water body type. In general, the closer the intake structure is to areas that are most sensitive or biologically
productive, the more stringent the requirements proposed to minimize adverse environmental impact. Under this
proposal, USEPA would set performance requirements and would not mandate the use of specific technologies.
USEPA expects that this proposed regulation would reduce impingement and entrainment at new facilities over the
next 20 years. The expected benefits include a decrease in expected mortality or injury to aquatic organisms that
would otherwise be subject to entrainment into cooling water systems or impingement against screens or other
devices at the entrance of cooling water intake structures. The proposed regulatory requirements also could
reduce adverse impact on threatened and endangered species.
Comments on the proposed rule must be received by October 10, 2000. For further technical information contact
Deborah G. Nagle at 202/260-2656. For additional economic information contact Lynne Tudor at 202/260-5834;
e-mail address: rule.316b@epa.gov.
United States Environmental Protection Agency Proposes Amendments to the Corrective Action
Management Unit Rule under the Resource Conservation and Recovery Act
On August 22, 2000, USEPA proposed amendments to the Corrective Action Management unit rule under the
Resource Conservation and Recovery Act (RCRA) (42 U.S.C. §§ 6901
et seq
. (1996)). 65 Fed. Reg. 51079
(August 22, 2000).
USEPA is proposing amendments to the regulations governing Corrective Action Management Units (CAMUs)
concerning types of wastes that may be managed, applicable design standards, treatment requirements for wastes,
information submission requirements for applications, responses to releases, and public participation
requirements for decisions. In addition, the proposed amendments would “grandfather” certain categories of
CAMUs and create new requirements for CAMUs used only for treatment or storage (
i.e
., those in which wastes
will not remain after closure).
The proposal also requests comment on a potential change to the staging pile regulations. Finally, the proposal
proposes an approach to state authorization that would grant “interim authorization” for the amendments to most
states currently authorized for the CAMU rule and would expedite the authorization process for states authorized
for corrective action but not the CAMU rule. The amendments are intended to clarify USEPA’s general minimum
expectations for CAMUs and to make the CAMU process more consistent and predictable, as well as more
explicit for the public.
Public comment must be received by October 23, 2000. For further general information contact the RCRA
Hotline at 800/424-9346. For more detailed information contact Bill Schoenborn at 703/308-8483; e-mail
address: schoenborn.bill@epamail.epa.gov.
If adopted, the Board will include any necessary amendments in a future identical-in-substance rulemaking.
United States Environmental Protection Agency Proposes National Emission Standards for Hazardous Air
Pollutants for Cellulose Products Manufacturing
On August 28, 2000, USEPA proposed national emission standards for hazardous air pollutants (NESHAP) for
cellulose products manufacturing. 65 Fed. Reg. 52165 (August 28, 2000).
The USEPA has identified the Viscose Processes source category and the Cellulose Ethers source category as
including major sources of hazardous air pollutant (HAP) emissions, such as carbon disulfide, carbonyl sulfide,
ethylene oxide, methanol, methyl chloride, propylene oxide, and toluene. The proposed standards will implement
Section 112(d) of the Clean Air Act (42 U.S.C. § 7412(d) (1996)) by requiring all major sources to meet HAP
emission standards reflecting the application of the maximum achievable control technology.
USEPA expects that the proposed standards will reduce HAP emissions by approximately 4,060 tons per year
(ton/yr). In addition, the proposed standards are expected to reduce hydrogen sulfide emissions by approximately
1,490 ton/yr.
Comments must be submitted by October 27, 2000. For further information contact William Schrock at 919/541-
5032; e-mail address: schrock.bill@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 Adopts National Emission Standards for Hazardous Air
Pollutants for Pharmaceuticals Production
On August 29, 2000, in a final rule, USEPA adopted national emission standards for hazardous air pollutants
(NESHAP) for pharmaceuticals production. 65 Fed. Reg. 52587 (August 29, 2000).
On September 21, 1998, USEPA promulgated NESHAP for pharmaceuticals production. On November 17 and 20,
1998, petitions for reconsideration and review of the September 1998 rule were filed in the U.S. Court of Appeals
for the District of Columbia Circuit. The petitioners raised over 12 technical issues and concerns with the rule.
Additional issues were raised by intervenors on the side of the petitioners. On April 10, 2000, USEPA proposed
amendments to the pharmaceuticals production NESHAP to address the issues raised by the petitioners. The final
rule took final action on the proposed amendments.
The final rule became effective on August 29, 2000. For further information contact Randy McDonald at
919/541-5402; e-mail address: mcdonald.randy@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 Stays National Emission Standards for Hazardous Air
Pollutant Emissions Group IV Polymers and Resins
On August 29, 2000, USEPA stayed national emission standards for hazardous air pollutant (NESHAP) for Group
IV Polymers and Resins. 65 Fed. Reg. 52323 (August 29, 2000). The stayed rules were adopted on September 12,
1996 (61 Fed. Reg. 48207).
USEPA took direct final action to indefinitely stay the compliance date for the process contact cooling tower
(PCCT) provisions for existing affected sources producing poly(ethylene terephthalate) using the continuous
terephthalic acid high viscosity multiple end finisher process. The stay was issued because USEPA is in the
process of responding to a request to reconsider relevant portions of the NESHAP for Group IV Polymers and
Resins, which may result in changes to the emission limitation which applies to PCCT in that subcategory. USEPA
expects that it is unlikely that the reconsideration process will be complete before actions are necessary to
comply with the current PCCT standard, and therefore a need exists for an indefinite stay of the compliance date.
The rule will take effect on October 30, 2000 without further notice, unless USEPA receives adverse comments
by September 28, 2000. For further information contact Robert E. Rosensteel 919/541-5608; e-mail address:
rosensteel.bob@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.
Rule Update
Board Denies Motion for Reconsideration in In the Matter of: Vehicle Scrappage Activities, 35 Ill. Adm.
Code 207, R00-16
On August 10, 2000, the Board denied the Illinois Environmental Protection Agency’s (Agency) motion for
reconsideration of the Board’s June 8, 2000 opinion and order adopting a rule pursuant to Section 13B-30(d) of
the Vehicle Emissions Inspection Law of 1995. 625 ILCS 5/13B-30(d) (1998).
Specifically, the Agency asked the Board to reconsider its changes to the criteria for eligible vehicles that limit
vehicles that may be scrapped to vehicles from model years more recent than 25 years old. The Board found
nothing in the motion to reconsider which persuaded the Board that its decision of June 8, 2000, was in error, or
that facts were overlooked, and denied the Agency’s motion.
Please direct any questions regarding this rulemaking to Marie Tipsord at 312/814-4925; e-mail address:
tipsorm@ipcb.state.il.us.
Board Adopts First Notice Proposal in In the Matter of: Proposed Regulated Recharge Area for Pleasant
Valley Public Water District, Proposed Amendments to 35 Ill. Adm. Code Part 617, R00-17
On August 10, 2000, the Board proposed rules to amend 35 Ill. Adm. Code 617 for first notice publication in the
Illinois Register
, pursuant to the Illinois Administrative Procedure Act (5 ILCS 100/1-1
et seq
. (1998)). On
February 14, 2000, the Illinois Environmental Protection Agency filed a proposal to amend the Board’s water
rules at 35 Ill. Adm. Code 617. If adopted, these amendments would create a regulated recharge area for the
Pleasant Valley Public Water District (Pleasant Valley), in Peoria County, Illinois. A regulated recharge area is an
area where enhanced regulations are imposed by the Board to reduce the potential for groundwater contamination,
as provided for under the Environmental Protection Act (415 ILCS 5/17.3 (1998)). The Pleasant Valley proposal
is the first regulated recharge area proposal brought to the Board, and its adoption would create the State’s first
regulated recharge area.
The proposal will be published in the
Illinois Register
soon, whereupon a 45-day public comment period will
begin, during which interested persons may file public comments with the Board.
Please direct any questions regarding this rulemaking to Cathy Glenn at 312/814-6923; e-mail address:
glennc@ipcb.state.il.us.
Board Adopts Identical in Substance Amendments in In the Matter of: Safe Drinking Water Update,
USEPA Regulations (July 1, 1999, through December 31, 1999), R00-10
On August 24, 2000, the Board adopted amendments to the Illinois regulations that are identical in substance to the
National Primary Drinking Water regulations adopted by the United States Environmental Protection Agency
(USEPA). These 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), and 300j-4(a) (1996)). The amendments
were adopted pursuant to Section 17.5 of the Environmental Protection Act (Act) (415 ILCS 5/17.5 (1998)),
which provides for quick adoption of regulations that are “identical in substance” (IIS) to federal regulations that
the USEPA adopts to implement Sections 1412(b), 1414(c), 1417(a), and 1445(a) of the SDWA. 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 IIS regulations. The federal SDWA regulations are found at 40
C.F.R. §§ 141 and 142.
The Board added USEPA-approved analytical methods for determining compliance with the drinking water
regulations. The proposal was published in the
Illinois Register
on June 30, 2000 (24 Ill. Reg. 8728), and the
public comment period expired on August 15, 2000. The Board initially proposed adding the unregulated
contaminant monitoring program by amending its rules. However, as a result of the public comments received
from the USEPA and the Illinois Environmental Protection Agency, the Board did not include the amendments in
the final rulemaking. The adoption of the unregulated contaminant monitoring program is not necessary for State
primacy.
Please direct any questions regarding this rulemaking to Steven C. Langhoff at 217/782-2615; e-mail address:
langhofs@ipcb.state.il.us.
Board Adopts First Notice Proposal in In the Matter of: Proposed New 35 Ill. Adm. Code 217.Subpart T,
Cement Kilns, and Amendments To 35 Ill. Adm. Code 211 and 217, R01-11
On August 24, 2000, the Board proposed rules to add 35 Ill. Adm. Code 215.Subpart T and to amend 35 Ill. Adm.
Code 211 and 217 for first notice publication in the
Illinois Register
. On August 21, 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 proposed that the Board add a new Subpart T to Part 217 and to make various
conforming amendments to Parts 211 and 217. The adoption by the Board of these amendments is authorized
under Section 28.5 of the Act (415 ILCS 5/28.5 (1998)). Section 28.5 provides for “fast track” adoption of
certain regulations necessary for compliance with the federal Clean Air Act Amendments of 1990 (CAA)
(42 U.S.C. §§ 7401
et seq.
(1990)).
The Agency has stated that the proposed amendments are intended to meet several obligations of the State under
the CAA. Section 107(a) of the CAA (42 U.S.C. § 7407(a) (1990)) imposes on the State the primary
responsibility for ensuring that Illinois meets the National Ambient Air Quality Standard (NAAQS) for ozone. It
requires the State to submit a state implementation plan (SIP) that specifies emission limitations, controls, and
other measures necessary for the attainment, maintenance, and enforcement of the NAAQS in this State.
This is the second of three anticipated Agency regulatory proposals in response to the United States Environmental
Protection Agency’s NOx SIP. See also 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 (July 13, 2000),
R01-9.
The proposed rules would control the emission of NOx from cement kilns. The controls would be effective during
the period from May 1 to September 30 of each calendar year beginning in 2003.
The proposal will be published in the
Illinois Register
soon, whereupon a 45-day public comment period will
begin, during which interested persons may file public comments with the Board. Public hearings are scheduled in
Chicago on October 3, 2000, and in Springfield on November 3, 2000.
Please direct any questions regarding this rulemaking to Joel Sternstein at 312/814-3665; e-mail address:
sternstj@ipcb.state.il.us.
Board Adopts Proposal for Public Comment in In the Matter of: Enhanced Vehicle Inspection and
Maintenance (I/M) Regulations: Amendments to 35 Ill. Adm. Code 240, R01-12
On August 24, 2000, the Board proposed for public comment amendments to 35 Ill. Adm. Code 240. On August
21, 2000, the Illinois Environmental Protection Agency (Agency) filed a proposal to amend the Board’s
regulations on inspecting and maintaining vehicles to control air emissions found in 35 Ill. Adm. Code 240. The
proposal was made pursuant to Section 13B-20(a) of the Vehicle Emissions Inspection Law of 1995 (Vehicle
Emissions Law) (625 ILCS 5/13B-20(a) (1998)). Section 27(b) of the Environmental Protection Act (Act) (415
ILCS 5/27(b) (1998)) and the rulemaking provisions of the Administrative Procedure Act (5 ILCS 100/1-1
et
seq.
(1998)) do not apply to rules adopted by the Board under Section 13B-20(a) of the Vehicle Emissions Law.
Accordingly, the Board will not request that the Department of Commerce and Community Affairs conduct an
economic impact study of the proposed amendments pursuant to Section 27(b) of the Act. Nor will the Board
submit the proposed amendments for first or second notice pursuant to Section 5-40 of the Administrative
Procedure Act (5 ILCS 100/5-40 (1998)). The Board will, however, hold public hearings and solicit public
comment.
Sections 182(b) and (c) of the federal Clean Air Act (CAA) (42 U.S.C §§ 7582(b), (c) (1996)), require states to
implement vehicle “inspection and maintenance” (I/M) programs in areas that do not meet National Ambient Air
Quality Standards (NAAQS) for ozone or carbon monoxide. Areas that do not meet NAAQS are referred to as
“nonattainment” areas.
The CAA requires “basic” I/M programs in “moderate” and “marginal” ozone nonattainment areas with existing
I/M programs. It requires “enhanced” I/M programs in “serious,” “severe,” and “extreme” ozone nonattainment
areas having a population of 200,000 or more. The CAA also requires states to submit, for the approval of the
United States Environmental Protection Agency, revisions to their State Implementation Plans that describe a
satisfactory I/M program and assure that the I/M program will be implemented.
In Illinois, two areas do not meet the NAAQS for ozone: (1) the Chicago metropolitan nonattainment area, which
is a severe nonattainment area; and (2) the Metro-East St. Louis nonattainment area, which is a moderate
nonattainment area. Under Illinois’ Vehicle Emissions Law, the Agency has proposed, and the Board has adopted,
as amendments to 35 Ill. Adm. Code 240, an enhanced I/M program for these two nonattainment areas. See
Enhanced Vehicle Inspection and Maintenance (I/M) Regulations: Amendments to 35 Ill. Adm. Code 240 (July 8,
1998), R98-24; (December 1, 1994), R94-20; and (December 1, 1994), R94-19. The Agency describes these
proposed changes as relatively minor adjustments to the Enhanced I/M program, and states that it is proposing the
amendments to enable Illinois to meet federal and State mandated enhanced emissions testing requirements.
The proposal will be published in the
Illinois Register
, whereupon a 45-day public comment period will begin
during which interested persons may file public comments with the Board. Public hearings are scheduled in
Chicago on October 11, 2000, and in Collinsville on October 20, 2000.
Please direct any questions regarding this rulemaking to Richard McGill at 312/814-6983; e-mail address:
mcgillr@ipcb.state.il.us.
Board Actions
August 10, 2000
Springfield, Illinois
Rulemakings
R00-16
In the Matter of: Vehicle Scrappage Activities Adoption of 35 Ill. Adm. Code
207 - The Board denied the Illinois Environmental Protection Agency’s motion
to reconsider the Board’s June 8, 2000 opinion and order, adopting these rules,
which were filed and effective June 14, 2000.
5-0
R, Air
R00-17
In the Matter of: Proposed Regulations Recharge Area for Pleasant Valley
Public Water District, Proposed Amendments to 35 Ill. Adm. Code Part 617 -
The Board adopted a first notice opinion and order in this rulemaking to amend
the Board’s public water supply regulations to establish the first regulated
recharge area under Section 17.3 of the Act (415 ILCS 5/17.3 (1998)).
5-0
R, PWS
Adjusted Standards
AS 01-01
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 - The Board ordered this
Kane County petitioner to file an amended petition by September 25, 2000, or
this action will be dismissed. The Board reserved ruling on the Illinois
Environmental Protection Agency’s request for hearing pending receipt of an
amended petition.
5-0
PWS
AS 01-2
In the Matter of: Petition of The City of Geneva for an Adjusted Standard from
35 Ill. Adm. Code 807.104 - The Board accepted for hearing this Kane County
facility’s petition for an adjusted standard from the Resource Conservation and
Recovery Act certification requirements found at 35 Ill. Adm. Code 807.104.
5-0
Land
Administrative Citations
AC 00-81
IEPA v. Jesse Lockhart - The Board granted complainant’s motion for voluntary
dismissal of this administrative citation action involving a Kankakee County
facility.
5-0
AC 00-85
IEPA v. Waste Management of Illinois, Inc. d/b/a Prairie Hill Recycling and
Disposal and Mike Wiersma - The Board found that these Whiteside County
respondents violated Section 21(o)(5) of the Act (415 ILCS 5/21(o)(5)
(1998)), and ordered respondents to pay a civil penalty of $500.
5-0
AC 00-86
IEPA v. Streator Area Landfill, Inc. and Brian N. Holcomb - The Board found
that these Livingston County respondents violated Sections 21(o)(1) and
21(o)(5) of the Act (415 ILCS 5/21(o)(1), 21(o)(5) (1998)), and ordered
respondents to pay a civil penalty of $1,000.
5-0
AC 00-87
IEPA v. Olen G. Parkhill, Jr. - The Board accepted for hearing this petition for
review of an administrative citation against this Champaign County respondent.
5-0
Adjudicatory Cases
•
Decisions
PCB 93-191
People of the State of Illinois v. Estate of Lloyd Wiemann d/b/a Wiemann Ice
and Fuel and Cheryl Halbrooks and Estate of Lloyd Wiemann v. Cheryl
Halbrooks - In this underground storage tank enforcement action concerning
two facilities located in Marion and St. Clair Counties, 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 which resolves both the complaint and counterclaim between the
respondents. The Board ordered respondent Wiemann to pay a civil penalty of
$5,000
, and to cease and desist from further violations.
The stipulation also sets out
various compliance measures to be taken at both sites and various agreements between the respondents.
5-0
UST-E
•
Provisional Variance
PCB 01-26
City of Carlyle v. IEPA - Upon receipt of an Illinois Environmental Protection
Agency recommendation, the Board granted this
Clinton
County petitioner a 45-
day provisional variance, subject to conditions,
from the five-day carbonaceous
biochemical oxygen demand and total suspended solids limits set forth in 35 Ill. Adm. Code 304.120(a)
and 304.141(a)
.
5-0
W-V
Motions and Other Matters
PCB 99-72
People of the State of Illinois v. Lake of Egypt Water District 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.
5-0
PWS-E
PCB 00-13
People of the State of Illinois v. Rieck’s Enterprises, Inc., Daniel Rieck,
individually, and as President of Rieck Enterprises, Inc. - The Board granted
complainant’s motion for voluntary dismissal of this land enforcement action
involving a Cook County facility.
5-0
L-E
PCB 00-113
People of the State of Illinois v. Illinois-American Water Company - 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 Peoria County, the
Board ordered publication of the required newspaper notice.
5-0
PWS-E
PCB 00-178
People of the State of Illinois v. Tom Fato d/b/a Fato Fiberglass - In this air
enforcement action concerning a facility located in Kankakee 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
$3,500
,
and ordered respondent to cease and desist from further violations.
5-0
A-E
PCB 00-210
Merrill’s Contractors, 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 DuPage County facility.
5-0
UST-FRD
PCB 00-214
General Motors Corporation, Electromotive Division v. IEPA - The Board
granted petitioner’s attorney’s motion to appear p
ro hac vice
and
accepted for
hearing this Clean Air Act Permit Program appeal involving a Cook County
facility.
5-0
P-A, Air
PCB 00-217
Quebecor World Direct - Petty Printing Company v. IEPA - Having previously
granted a request for a 90-day extension, the Board dismissed this matter
because no permit appeal was timely filed on behalf of this Effingham County
facility.
5-0
P-A
PCB 00-223
Silver Glen Homeowners’ Association, Inc. v. IEPA, Mark Kaplan and B.
Davidson Custom Homes, Inc. - The Board, on its own motion, dismissed
respondents Kaplan and B. Davidson from this permit appeal. Additionally, the
Board deferred judgment on the Illinois Environmental Protection Agency’s
motion to dismiss and ordered the Agency to file its administrative record
within 14 days of the date of this order.
5-0
P-A, NPDES
PCB 00-228
Riverdale Recycling, Inc. and Tri-State Disposal, Inc. v. IEPA - The Board
denied the Village of Riverdale’s motion to intervene in this permit appeal, but
allowed the Village to file an
amicus curiae
brief.
5-0
P-A
Land
PCB 01-6
Philip S. Dallosto v. Village of Hampshire - The Board found that, pursuant to
35 Ill. Adm. Code 103.124(a) of the Board’s rules, the alleged violations of the
Environmental Protection Act and the Board’s rules, were neither duplicitous
nor frivolous, and accepted this citizen’s noise enforcement action involving a
Kane County facility for hearing.
5-0
A-E, Citizens
PCB 01-15
Federal-Mogul Corporation 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.
5-0
UST-Appeal
90-Day Ext.
PCB 01-16
Ameren Energy Generating Company v. IEPA - The Board ordered petitioner to
file an amended petition concerning this Jackson County facility by August 24,
2000, or this action will be dismissed.
5-0
W-V, NPDES
PCB 01-17
People of the State of Illinois v. N.E. Finch - The Board accepted for hearing
this air enforcement action against this Peoria County facility.
5-0
A-E
PCB 01-18
Greenville 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 Bond County facility.
5-0
UST-FRD
90-Day Ext.
PCB 01-19
Bond County Community School District 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 Bond County facility.
5-0
UST-FRD
90-Day Ext.
PCB 01-20
Abbott Laboratories v. IEPA - The Board granted this request for a 90-day
extension of time to file a permit appeal on behalf of this Lake County facility.
5-0
P-A, Air
90-Day Ext.
PCB 01-22
Homewood-Flossmoor Park District 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.
5-0
UST-FRD
90-Day Ext.
PCB 01-23
Hillerich’s Car Care 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.
5-0
UST-Appeal
90-Day Ext.
PCB 01-24
U.S. Chrome Corporation of Illinois v. IEPA - The Board granted this request
for a 90-day extension of time to file a permit appeal on behalf of this Boone
County facility.
5-0
P-A
90-Day Ext.
August 24, 2000
Chicago, Illinois
Rulemakings
R00-10
In the Matter of: SDWA Update, USEPA Amendments (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 public water supply
regulations.
7-0
R, PWS
R01-11
In the Matter of: Proposed New 35 Ill. Adm. Code 217.Subpart T, Cement
Kilns, and Amendments to 35 Ill. Adm. Code 211 and 217 - The Board accepted
the Illinois Environmental Protection Agency’s August 21, 2000 fast track
proposal to amend the Board’s air pollution control regulations and granted the
motion to waive the filing requirement. The Board adopted a first notice
opinion and order, noting that this is the second of three anticipated
rulemakings in response to the “NOx Sip call”, and the rules must be adopted
180 days from the filing of the proposal.
7-0
R, Air
R01-12
In the Matter of: Enhanced Vehicle Inspection and Maintenance (I/M)
Regulations: Amendments to 35 Ill. Adm. Code 240 - The Board accepted the
Illinois Environmental Protection Agency’s August 21, 2000 proposal to
amend the Board’s air pollution control regulations as required under the
Vehicle Code and, granted the motion to waive the filing requirement. The
Board adopted a first notice opinion and order, noting that the rules must be
adopted 120 days from the filing of the proposal.
7-0
R, Air
Administrative Citations
AC 01-1
IEPA v. Don Pritchett - The Board found that this Saline County respondent
violated Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1) (1998)), and
ordered respondent to pay a civil penalty of $1,500.
7-0
AC 01-2
IEPA v. City of Eldorado, Illinois - The Board found that this Saline County
respondent violated Section 21(p)(3) of the Act (415 ILCS 5/21(p)(3)
(1998)), and ordered respondent to pay a civil penalty of $1,500.
7-0
AC 01-3
IEPA v. Landfill 33, Ltd. - The Board found that this Effingham County
respondent violated Section 21(o)(12) of the Act (415 ILCS 5/21(o)(12)
(1998)), and ordered respondent to pay a civil penalty of $500.
7-0
AC 01-4
IEPA v. Steve Spencer - The Board found that this Schuyler County respondent
violated Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1) (1998)), and
ordered respondent to pay a civil penalty of $1,500.
7-0
AC 01-5
IEPA v. Billy Hammonds, Sr. - The Board accepted for hearing this petition for
review of an administrative citation against this Franklin County respondent.
7-0
Adjudicatory Cases
•
Decisions
PCB 99-27
People of the State of Illinois v. James and Carol Gilmer – The Board found
that these Douglas County respondents violated various Sections of the Act
(415 ILCS 5/1
et seq
. (1998)) and the Board’s regulations, and ordered
respondents to pay a civil penalty of $40,000.
7-0
RCRA
W-E
PCB 99-95
People of the State of Illinois v. Graham Enterprise, Inc. - In this air
enforcement action concerning facilities located in Cook, Lake, and McHenry
Counties, 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
$10,097
, and to cease and desist from further violations.
7-0
A-E
PCB 00-135
People of the State of Illinois v. Berge Plating Works, Inc. - In this air
enforcement action concerning a facility located in Rock Island County, 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
7-0
A-E
PCB 01-11
People of the State of Illinois v. Reichhold, Inc. - In this air enforcement action
concerning a facility located in Grundy County, 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
$41,250
, and to cease and desist
from further violations.
7-0
A-E
•
Provisional Variances
PCB 01-33
Russell Minerals West Frankfort, Inc. v. IEPA - Upon receipt of an Illinois
Environmental Protection Agency recommendation, the Board granted a 30-day
provisional variance to this Franklin County facility from the 90-day limitation
on the accumulation of hazardous wastes, as set forth in 35 Ill. Adm. Code
722.134(b).
7-0
RCRA-V
PCB 01-34
West Shore Pipe Line Company v. IEPA - Upon receipt of an Illinois
Environmental Protection Agency recommendation, the Board granted this
Cook
County petitioner a 45-day provisional variance, subject to conditions,
from 35 Ill.
Adm. Code 304.141(b) and 309.102(a), which prohibit discharges not specifically allowed by permit
.
7-0
W-V
PCB 01-35
Illinois Department of Natural Resources (Ballards Island Dredging Project) v.
IEPA - Upon receipt of an Illinois Environmental Protection Agency
recommendation, the Board granted this petitioner
for its Ballards Island Dredging
Project, near Marseilles, LaSalle County, Illinois
, a 45-day provisional variance, subject to
conditions,
from the total suspended solids limits set forth in 35 Ill. Adm. Code 304.124 and
304.141(a)
.
7-0
W-V
Motions and Other Matters
PCB 97-43
People of the State of Illinois v. The Estate of Walter A. Brandys formerly
d/b/a A&D Auto Service, Barbara A. (Brandys) Mandal, Christine M. (Brandys)
Douglas, Robert A. Brandys, and Vincent W. Brandys, Sr. - Upon receipt of a
proposed stipulation and settlement agreement and an agreed motion to request
relief from the hearing requirement in this Resource Conservation and
Recovery Act and water enforcement action involving a facility located in Cook
County, the Board ordered publication of the required newspaper notice.
7-0
RCRA,
W-E
PCB 98-113
PCB 99-28
PCB 99-158
(Cons.)
Clayton Chemical Acquisition Limited Liability Company d/b/a Resource
Recovery Group, L.L.C. v. IEPA – The Board granted petitioner’s motion for
extension of time to respond to respondent’s motion for summary judgment.
7-0
P-A, RCRA
PCB 98-148
People of the State of Illinois v. Doren Poland, Lloyd Yoho, and Briggs
Industries, Inc. - The Board granted respondent Briggs Industries’ motion for
leave to join additional parties.
7-0
L-E
PCB 99-116
Rivinius, Inc. v. IEPA - The Board granted petitioner’s motion for voluntary
dismissal of this underground storage tank appeal involving a Woodford County
facility.
7-0
UST-Appeal
PCB 99-150
KB Oil Company (Union 76) v. IEPA - The Board granted petitioner’s motion
for voluntary dismissal of this underground storage tank appeal involving a
Cook County facility.
7-0
UST-FRD
PCB 00-65
PCB 00-66
(Cons.)
and
PCB 00-118
Community Landfill Company and City of Morris v. IEPA - The Board granted
the parties’ joint motion for voluntary dismissal of these permit appeals
involving a Grundy County facility.
7-0
P-A, RCRA
PCB 00-93
People of the State of Illinois v. Waste Professional, Inc. d/b/a Pekin Landfill -
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 involving a facility located in Tazewell County, the Board
ordered publication of the required newspaper notice.
7-0
W-E
PCB 00-122
People of the State of Illinois v. City of Lawrenceville, John A. Gordon,
Gordon & Price, Inc., David Guillaum d/b/a D&G Construction, and Wayne
Lappington d/b/a Lappington Trucking and Excavating - 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 Lawrence County, the Board ordered
publication of the required newspaper notice.
7-0
PWS-E
PCB 00-158
ESG Watts, Inc. (Viola Landfill) v. IEPA - The Board granted respondent’s
motions to dismiss this petition and to strike petitioner’s filing of May 19,
2000, as untimely. The Board did not address the issues of mootness nor
consolidation.
7-0
P-A,
Land
PCB 00-159
ESG Watts, Inc. (Taylor Ridge/Andalusia Landfill) v. IEPA - The Board granted
respondent’s motions to dismiss this petition and to strike petitioner’s filing of
May 19, 2000, as untimely. The Board did not address the issues of mootness
nor consolidation.
7-0
P-A,
Land
PCB 00-160
ESG Watts, Inc. (Sangamon Valley Landfill) v. IEPA - The Board granted
respondent’s motions to dismiss this petition and to strike petitioner’s filing of
May 19, 2000, as untimely. The Board did not address the issues of mootness
nor consolidation.
7-0
P-A,
Land
PCB 00-218
E/M, a Division of Morgan Chemical Products, Inc. v. IEPA - The Board
accepted for hearing this permit appeal involving a DuPage County facility.
7-0
P-A, Air
PCB 00-220
A&A McHenry, 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 McHenry County facility.
7-0
UST-FRD
PCB 00-221
James A. Glasgow, Vickie L. Glasgow, Bill Hoppe and Pat Hoppe v. Granite
City Steel - The Board found that the alleged violations of Section 24 of the
Environmental Protection Act (415 ILCS 5/24 (1998)) and 35 Ill. Adm. Code
900.102, 901.102(a) and 901.102(b) of the Board’s noise rules were neither
duplicitous nor frivolous. The Board accepted those allegations involving a
Madison County facility for hearing. The alleged violations of Section 23 of
the Environmental Protection Act (415 ILCS 5/23 (1998)) were determined to
be frivolous, and the Board dismissed them from the complaint.
7-0
N-E
Citizens
PCB 00-226
Equilon Enterprises L.L.C. v. IEPA - The Board accepted for hearing this
permit appeal involving a Cook County facility.
7-0
P-A, Air
PCB 01-14
General Motors Corporation v. Office of the State Fire Marshal - The Board
granted petitioner’s attorney’s motion to appear p
ro hac vice
and
ordered
petitioner to file an amended petition concerning this Jackson County facility
by September 23, 2000, or this action will be dismissed.
7-0
UST-Appeal
PCB 01-16
Ameren Energy Generating Company v. IEPA - The Board accepted this request
for a water variance on behalf of a Jackson County facility.
7-0
W-V, NPDES
PCB 01-28
People of the State of Illinois v. Plastic Decorators, Inc. - The Board accepted
for hearing this air enforcement action against this Kane County facility.
7-0
A-E
PCB 01-29
People of the State of Illinois v. Kiehl Engineering Company, Inc. d/b/a Thomas
Foster Group, Inc. and United Plastics Group, Inc. - The Board accepted for
hearing this air enforcement action against this DuPage County facility.
7-0
A-E
PCB 01-31
People of the State of Illinois v. Village of South Elgin - 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 involving
a facility located in Kane County, the Board ordered publication of the required
newspaper notice.
7-0
W-E
PCB 01-32
Waukegan Port District 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-FRD
90-Day Ext.
New Cases
August 10, 2000 Board Meeting
01-14 General Motors Corporation v. Office of the State Fire Marshal - No action taken.
01-15 Federal-Mogul Corporation 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.
01-16 Ameren Energy Generating Company v. IEPA - The Board ordered petitioner to file an amended petition
concerning this Jackson County facility by August 24, 2000, or this action will be dismissed.
01-17 People of the State of Illinois v. N.E. Finch - The Board accepted for hearing this air enforcement action
against this Peoria County facility.
01-18 Greenville 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 Bond County facility.
00-19
Bond County Community School District 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 Bond County facility.
01-20 Abbott Laboratories v. IEPA - The Board granted this request for a 90-day extension of time to file a permit
appeal on behalf of this Lake County facility.
01-21 Michael E. Mellon and Rebecca J. Mellon v. Illinois Department of Transportation - The Board held for a
later duplicitous/frivolous determination this citizen air and noise enforcement action involving a Cook County
facility.
01-22 Homewood-Flossmoor Park District 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.
01-23 Hillerich’s Car Care 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.
01-24 U.S. Chrome Corporation of Illinois v. IEPA - The Board granted this request for a 90-day extension of time
to file a permit appeal on behalf of this Boone County facility.
01-25 Chrysler Realty Corporation v. Thomas Industries, Inc. and TDY Industries, Inc. - The Board held for a later
duplicitous/frivolous determination this citizen’s underground storage tank enforcement action involving a Cook
County facility.
01-26 City of Carlyle v. IEPA - Upon receipt of an Illinois Environmental Protection Agency recommendation, the
Board granted this Clinton County petitioner a 45-day provisional variance, subject to conditions, from the five-
day carbonaceous biochemical oxygen demand
and total suspended solids limits set forth in 35 Ill. Adm. Code
304.120(a) and 304.141(a).
AC 01-06 IEPA v. Jack Busby - The Board accepted an administrative citation against this Marion County
respondent.
August 24, 2000 Board Meeting
00-26 Equilon Enterprises L.L.C. v. IEPA - The Board accepted for hearing this permit appeal involving a Cook
County facility.
01-27 Town of Cortland v. IEPA - The Board held this request for a water variance on behalf of a DeKalb County
facility pending receipt of the Illinois Environmental Protection Agency’s recommendation.
01-28 People of the State of Illinois v. Plastic Decorators, Inc. - The Board accepted for hearing this air
enforcement action against this Kane County facility.
01-29 People of the State of Illinois v. Kiehl Engineering Company, Inc. d/b/a Thomas Foster Group, Inc. and
United Plastics Group, Inc. - The Board accepted for hearing this air enforcement action against this DuPage
County facility.
01-30 Stuart C. Nuss v. IEPA and Village of Durand - The Board held for a later duplicitous/frivolous
determination this citizen water enforcement action involving a Winnebago County facility.
01-31 People of the State of Illinois v. Village of South Elgin - 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 involving a facility located in Kane County, the Board ordered publication of the required
newspaper notice.
00-32
Waukegan Port District 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.
01-33 Russell Minerals West Frankfort, Inc. v. IEPA - Upon receipt of an Illinois Environmental Protection
Agency recommendation, the Board granted a 30-day provisional variance to this Franklin County facility from the
90-day limitation on the accumulation of hazardous wastes, as set forth in 35 Ill. Adm. Code 722.134(b).
01-34 West Shore Pipe Line Company v. IEPA - Upon receipt of an Illinois Environmental Protection Agency
recommendation, the Board granted this Cook County petitioner a 45-day provisional variance, subject to
conditions, from 35 Ill. Adm. Code 304.141(b) and 309.102(a), which prohibit discharges not specifically allowed
by permit.
01-35 Illinois Department of Natural Resources (Ballards Island Dredging Project) v. IEPA - Upon receipt of an
Illinois Environmental Protection Agency recommendation, the Board granted this petitioner for its Ballards
Island Dredging Project, near Marseilles, LaSalle County, Illinois, a 45-day provisional variance, subject to
conditions, from the total suspended solids limits set forth in 35 Ill. Adm. Code 304.124 and 304.141(a).
AC 01-7 IEPA v. Bill Wallace d/b/a Wallace Sanitation - The Board accepted an administrative citation against this
Hardin County respondent.
AS 01-3 In the Matter of: Petition of DeKalb Sanitary District for an Adjusted Standard from Water Quality
Standards for Copper Under 35 Ill. Adm. Code Section 302.208(e) - Pending receipt of the certificate of
publication, the Board held this DeKalb County facility’s petition for an adjusted standard from the water quality
regulations found at 35 Ill. Adm. Code 302.208(e).
R01-11 In the Matter of: Proposed New 35 Ill. Adm. Code 217.Subpart T, Cement Kilns, and Amendments to 35
Ill. Adm. Code 211 and 217 - The Board accepted the Illinois Environmental Protection Agency’s August 21, 2000
fast-track proposal to amend the Board’s air pollution control regulations, granted 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.
R01-12 In the Matter of: Enhanced Vehicle Inspection and Maintenance (I/M) Regulations: Amendments to 35
Ill. Adm. Code Part 240 - The Board accepted the Illinois Environmental Protection Agency’s August 21, 2000
proposal to amend the Board’s air pollution control regulations, granted the motion to waive the requirement, and
adopted a first notice opinion and order, noting that the rules must be adopted 120-days from the filing of the
proposal.
Board Calendar
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
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
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
10/3/2000
11:00 am
R01-11
In the Matter of: Proposed New 35 Ill.
Adm. Code 217.Subpart T, Cement Kilns,
and Amendments to 35 Ill. Adm. Code
211 and 217
James R. Thompson Center
100 W. Randolph Street
Room 11-500
Chicago, IL
10/4/2000
10:00 am
R01-8
In the Matter of: Amendments to Diesel
Opacity Rules Required by P.A. 91-254
and P.A. 91-865: Amendments to 35 Ill.
Adm. Code 240
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, 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
10/19/2000
11:00 am
Illinois Pollution Control Board Meeting
James R. Thompson Center
100 W. Randolph Street
Room 9-040
Chicago, IL
10/24/2000
10:00 am
R01-8
In the Matter of: Amendments to Diesel
Opacity Rules Required by P.A. 91-254
and P.A. 91-865: Amendments to 35 Ill.
Adm. Code 240
James R. Thompson Center
100 W. Randolph Street
Suite N-505
Chicago, IL
11/2/2000
11:00 am
Illinois Pollution Control Board Meeting
James R. Thompson Center
100 W. Randolph Street
Room 9-040
Chicago, IL
11/3/2000
10:00 am
R01-11
In the Matter of: Proposed New 35 Ill.
Adm. Code 217.Subpart T, Cement Kilns,
and Amendments to 35 Ill. Adm. Code
211 and 217
James R. Thompson Center
100 W. Randolph Street
Room 11-500
Chicago, IL
11/15/2000
11:00 am
R01-11
In the Matter of: Proposed New 35 Ill.
Adm. Code 217.Subpart T, Cement Kilns,
and Amendments to 35 Ill. Adm. Code
211 and 217
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
11/16/2000
11:00 am
Illinois Pollution Control Board Meeting
James R. Thompson Center
100 W. Randolph Street
Room 9-040
Chicago, IL
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Environmental Register Comment Card
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
