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
Letter From the Chairman
I am very pleased to announce that the Board has gone to second notice on new and revised
procedural rules. These rules will become effective January 1, 2001, and will apply to all
proceedings pending on or initiated after that date. As many of you know, the Board has been
diligently reviewing and revamping all Board procedures to more effectively interface with
members of the public.
The rules have benefited from the many thoughtful public comments received. Some of the more
important provisions of the rules include:
•
Section 101.400 - a person must be a licensed attorney to appear before the
Board on behalf of others in an adjudicatory proceeding (however, individuals
may represent themselves in adjudicatory proceedings, and persons may
represent others in regulatory proceedings without being an attorney)
•
Section 103.204 - in enforcement proceedings, all material allegations of a complaint will be taken as admitted if the
respondent either files no answer or files an answer that fails to specifically deny the allegations, unless the
respondent asserts a lack of knowledge sufficient to form a belief
•
Part 105.Subpart D - for the first time, procedural rules specifically for appeals of Illinois Environmental Protection
Agency decisions on leaking underground storage tanks
•
Part 107 - for the first time, procedural rules specifically for appeals of local government decisions on siting new
pollution control facilities
•
Part 108 - for the first time, procedural rules specifically for appeals of administrative citations
•
Part 125 - for the first time, procedural rules that specifically address how the Board will certify “pollution control
facilities” and “low sulfur dioxide emission coal fueled devices” for preferential tax treatment under the Property
Tax Code
•
Section 130.110 - for the first time, a definition of “emission data” to clarify what may be protected as a trade secret
or other non-disclosable information, and what must be available for public review
•
Section 130.200 - the owner of an article seeking trade secret protection must submit a letter claiming trade secret
protection at the time it submits the article to the State agency; if the owner fails to do so, the article cannot be
protected as a trade secret
Under the Illinois Administrative Procedure Act, the Joint Committee on Administrative Rules (JCAR) will consider the rules at its December
meeting. The Board will not make any substantive change to the second-notice version of the rules except in response to JCAR. The Board
plans to adopt final procedural rules at its December 21, 2000 meeting.
Sincerely,
Claire A. Manning, Chairman
Inside This Issue:
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16
Federal Update
United States Environmental Protection Agency Proposes National Emission Standards for Hazardous Air
Pollutants for Leather Finishing Operations
On October 2, 2000, USEPA proposed national emission standards for hazardous air pollutants (NESHAP) for leather
finishing operations. 65 Fed. Reg. 858702. USEPA has identified leather finishing operations facilities as major sources
of hazardous air pollutant (HAP) emissions such as glycol ethers, toluene, and xylene. The proposed NESHAP implement
Section 112(d) of the Clean Air Act (42 U.S.C. §§ 7401
et seq.
(1998)) by requiring all leather finishing facilities that
are major sources to meet HAP emission standards reflecting the application of the maximum achievable control
technology (MACT).
Comments must be received by the December 1, 2000, public hearing. 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 Emissions Control from 2004 and Later Model Year
Heavy-Duty Highway Engines and Vehicles, and Revises Light-Duty On-Board Diagnostics Requirements in
Final Rule
On October 5, 2000, USEPA adopted an emissions control program for air pollution from 2004 and later model year
heavy-duty highway engines and vehicles for model year 2000 and later, and revised the light-duty on-board diagnostics
requirements in a final rule. 65 Fed. Reg. 59895.
The action finalizes a major new program to reduce emissions from on-highway heavy-duty engines and vehicles. USEPA
expects that these reductions will provide for cleaner air and greater public health protection, primarily by reducing ozone
pollution. The program is the first phase of a multi-phase strategy to reduce emissions from heavy- duty engines and
vehicles. A key element of the action is a reaffirmation of the technical and economic feasibility of the non-methane
hydrocarbon plus nitrogen oxide standard promulgated in October 1997 for diesel heavy-duty engines. The previously
codified standard will therefore remain unchanged and effective starting with the 2004 model year for heavy-duty diesel
engines. USEPA expects that this standard will represent about a 50 percent reduction in emissions of nitrogen oxides, as
well as reductions in hydrocarbons, from diesel trucks and buses.
Heavy-duty diesel engines and vehicles will also be subject to new test procedures and associated requirements beginning
with the 2007 model year, which will ensure that emission standards are met across a broad range of engine operating
conditions. In addition, the action puts in place new and more stringent emission standards and related provisions for
heavy-duty Otto-cycle (
e.g
., gasoline-fueled) engines and vehicles, expected to begin with the 2005 model year. Vehicles
in this category include large full size pick-up trucks and the largest cargo and passenger vans. The action does not affect
vehicles classified as medium-duty passenger vehicles (generally, large SUVs and vans), which are subject to the recently
finalized Tier 2 program standards. For heavy-duty Otto-cycle engines and vehicles affected by the action, emission
standards for oxides of nitrogen and hydrocarbons are reduced by approximately 75 percent from current standards.
3
USEPA also finalized requirements for on-board diagnostics systems for all heavy-duty vehicles and engines at or below
14,000 pounds gross vehicle weight rating, as well as revising the on-board diagnostics requirements for diesel light-duty
vehicles and trucks.
USEPA expects that the requirements promulgated in the action will result in lower emissions of oxides of nitrogen and
hydrocarbons, as well as lower particulate matter due to reductions in secondary particulate formation (secondary
particulate matter is not emitted directly from the engine, but is formed when emissions of oxides of nitrogen react with
ammonia in the atmosphere to produce ammonium nitrate particulates) and will assist states and regions facing ozone air
quality problems that are causing health problems. For example, USEPA projects a reduction in oxides of nitrogen
emissions of 1,028,000 tons per year by 2010, the time frame when all states will have had to demonstrate compliance
with air quality standards. In addition, the program should reduce the contribution of the on-highway heavy-duty category
to other serious public health and environmental problems, including volatile organic compounds, secondary particulate
matter, and toxic air pollutants. Furthermore, USEPA projects that the significant environmental benefits of this program
would come at an average projected long-term cost increase of less than $400 per vehicle for heavy-duty diesel engines
(less than approximately $800 in the near-term) and less than $300 per vehicle for heavy-duty gasoline vehicles and
engines in both the long-term and near-term.
The rule becomes effective December 5, 2000. For further information contact Margaret Borushko at 734/214-4334; e-
mail address: borushko.margaret@epa.gov.
The Board would expect the Illinois Environmental Protection Agency to propose similar State rules for adoption using
the Clean Air Act “fast-track” procedures at Section 28.5 of the Environmental Protection Act (415 ILCS 5/28.5
(1998)).
United States Environmental Protection Agency Proposes National Emission Standards for Hazardous Air
Pollutants, Rubber Tire Manufacturing
On October 18, 2000, USEPA proposed national emission standards for hazardous air pollutants (NESHAP) for new and
existing sources at rubber tire manufacturing facilities. 65 Fed. Reg. 62413. USEPA has identified rubber tire
manufacturing facilities as major sources of hazardous air pollutants (HAP) emissions. The proposed standards
implement Section 112(d) of the Clean Air Act (42 U.S.C. §§ 7401
et seq.
(1998)), by requiring all major sources to
meet HAP emission standards that reflect the application of maximum achievable control technology. The primary HAP
that would be controlled with this action includes toluene and hexane.
Comments must be received by December 18, 2000. For further information contact Anthony Wayne at 919/541-5439;
e-mail address: wayne.tony@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 Significant New Use Rule for Perfluorooctyl
Sulfonates under Toxic Substances Control Act
On October 18, 2000, USEPA proposed a significant new use rule under Section 5(a)(2) of the Toxic Substances Control
Act (15 U.S.C. §§ 2601
et seq
. (1998)) for the following chemical substances: perfluorooctanesulfonic acid (PFOSA)
and certain of its salts, perfluorooctanesulfonyl fluoride (PFOSF), certain higher and lower homologues of PFOSA and
PFOSF, and certain other chemical substances, including polymers, that contain PFOSA and its homologues as
substructures. 65 Fed. Reg. 62319.
The proposed rule would require manufacturers and importers to notify USEPA at least 90 days before commencing the
manufacture or import of these chemical substances for the significant new uses described in this document. USEPA
believes that this action is necessary because the chemical substances included in this proposed rule may be hazardous to
human health and the environment. The required notice would provide USEPA with the opportunity to evaluate an
intended new use and associated activities and, if necessary, to prohibit or limit that activity before it occurs.
4
Comments must be received by November 17, 2000. For further general information contact Barbara Cunningham at
202/554-1404; e-mail address: TSCA-Hotline@epa.gov. For further technical information contact Mary Dominiak at
202/260-7768; e-mail address: dominiak.mary@epa.gov.
United States Environmental Protection Agency Gives Notice of Data Availability for Arsenic under National
Primary Drinking Water Regulations and Clarifications to Compliance and New Source Contaminants
Monitoring
On October 20, 2000, USEPA gave notice of data availability for arsenic and clarifications to compliance and new source
contaminants monitoring under the national primary drinking water regulations. 65 Fed. Reg. 63027. USEPA proposed
regulations for arsenic in drinking water on June 22, 2000 (65 Fed. Reg. 38888) under the 1996 amendments to the Safe
Drinking Water Act (SDWA) (42 U.S.C. §§ 300f
et seq
. (1998)), and comments on that action were due September 20,
2000. Since that time, USEPA has received new risk information, which it is considering during the development of the
final regulation. The document summarizes the new risk information received and analyzed by USEPA. In addition, the
document makes available the cost curves used to develop the costs published in the proposal. The information does not
change the overall technical approach for the proposal.
USEPA is requesting comments on the use of the new risk analysis and development of cost estimates for the final rule
and any comments on other parts of the proposal that would change because of the new information. Comments must be
received by November 20, 2000. For further information contact Irene Dooley at 202/260-9531; email address:
dooley.irene@epa.gov.
If adopted, the Board will include any necessary amendments in a future SDWA identical-in-substance rulemaking
pursuant to Sections 7.2 and 17.5 of the Environmental Protection Act (415 ILCS 5/7.2, 17.5 (1998)).
United States Environmental Protection Agency Reopens Comment Period for Amendments to Vehicle
Inspection Maintenance Program Requirements Incorporating the Onboard Diagnostic Check
On October 30, 2000, USEPA reopened the comment period for proposed amendments to vehicle inspection
maintenance program (I/M) requirements incorporating the on-board diagnostic check. 65 Fed. Reg. 64648. The
proposed amendments were published on September 20, 2000, at 65 Fed. Reg. 56844. The original proposal was
reported in the September 2000 issue of the
Environmental Register
.
The deadline for public comments is being reopened from the original deadline for public comments of October 20,
2000, to November 13, 2000. For further information contact David Sosnowski at 734/214-4823.
The Board opens regulatory dockets to amend its I/M rules upon receipt of Illinois Environmental Protection Agency
proposals under Section 13B-20(a) of the Vehicle Emissions Law (625 ILCS 5/13B-20(a) (1998)). Some of the
proposed amendments may be addressed in the pending docket R01-12, In the Matter of: Enhanced Vehicle Inspection
and Maintenance (I/M) Regulations: Amendments to 35 Ill. Adm. Code Part 240.
5
Appellate Update
Dalise Enterprises, Inc. d/b/a Barge-Way Company v. Illinois Pollution Control Board,
et al.
, Cook County Circuit Court,
No. 00 CH 12113 (see also Board Docket No. PCB 98-169)
On June 19, 1998, Union Oil Company of California d/b/a UNOCAL (UNOCAL) filed a six-count complaint with the
Board against Barge-Way Oil Company, Inc., Joseph Kellogg, Nielsen’s Barge-Way, Bargeway Systems, Inc., Gertrude
Kellogg, Robert F. Atkins, Mobil Oil Company, and Robert Nielsen. UNOCAL alleged that since 1982, it owned property
in Glendale Heights, DuPage County, Illinois. Before 1982, the site was used as a gasoline service station. In 1991,
UNOCAL reported a release of petroleum products from two existing underground storage tanks. As directed by the
Illinois Environmental Protection Agency and the Office of the State Fire Marshal, UNOCAL performed investigative and
corrective action at the site, including removal of approximately 4,300 tons of contaminated soil. UNOCAL alleged that
it incurred response and remediation costs totaling approximately $600,000. UNOCAL seeks recovery of those costs
from the respondents before the Board.
On July 6, 1998, one of the originally named respondents, Mobil Oil Company, filed a motion to dismiss. A number of
the other originally named respondents, Gertrude Kellogg, Barge-Way Oil Company, Inc., Robert Nielsen, Bargeway
Systems, Inc., and Robert F. Atkins, moved to join Mobil Oil Company’s motion to dismiss.
On January 7, 1999, the Board entered an order dismissing five of the six counts in the complaint. Count three, in which
UNOCAL alleged violations of Sections 12(a) and (d) of the Environmental Protection Act (Act) (415 ILCS 5/12(a), (d)
(1998)), is the only remaining count currently pending before the Board. A counter claim filed by Barge-Way Oil
Company, Inc. against counter-respondents Robert F. Atkins, Bargeway Sytems, Inc., Robert Nielsen, and Tom Biggers
also remains before the Board.
On April 24, 2000, UNOCAL filed a motion to voluntarily dismiss Robert F. Atkins, Bargeway Systems, Inc., and Mobil
Oil Company, Inc. On May 18, 2000, the Board granted UNOCAL’s motion.
On August 17, 2000, Dalise Enterprises, Inc. d/b/a Barge-Way Company (Dalise) filed a complaint for declaratory
judgment and an emergency motion for a temporary restraining order and preliminary injunction in Cook County Circuit
Court. With these filings, Dalise sought to enjoin the Board from further action in this matter, alleging that the Board
lacked jurisdiction over private cost recovery actions. The Board moved to dismiss with prejudice. The Board noted that
Section 31(d) of the Act (415 ILCS 5/31(d) (1998)) allows for “any person” to file a complaint before the Board alleging
violations of the Act. The Board also noted that the Illinois General Assembly, in Section 33(a) of the Act (415 ILCS
5/33(a) (1998)), gave the Board broad authority to fashion appropriate remedies and that the Illinois Supreme Court, in
People v. Fiorini, 143 Ill. 2d 318, 574 N.E.2d 612, 625 (1991), refused to hold that cleanup costs would not be an
available remedy for a violation of the Act under appropriate facts.
Following oral argument, the Cook County Circuit Court, on September 12, 2000, granted the Board’s motion to dismiss
with prejudice Dalise’s complaint for declaratory judgment that the Board lacks the authority to award cleanup costs as a
remedy in citizen enforcement actions and denied Dalise’s motion for a temporary restraining order.
On October 6, 2000, Dalise appealed the Cook County Circuit Court’s decision to the First District Appellate Court.
Back to top
Rule Update
Board Adopts Proposal for Public Comment in In the Matter of: SDWA Update, USEPA Amendments (January
1, 2000 through June 30, 2000), R01-7
On October 5, 2000, the Board proposed for public comment amendments to the Illinois regulations that are identical in
substance (IIS) to the National Primary Drinking Water regulations adopted by 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) (1998)).
6
The amendments were proposed pursuant to Sections 7.2 and 17.5 of the Environmental Protection Act (Act) (415 ILCS
5/7.2 and 17.5 (1998)), which provides for quick adoption of regulations that are “identical in substance” to federal
regulations that USEPA adopts to implement Sections 1412(b), 1414(c), 1417(a), and 1445(a) of 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.
In this action, the Board proposed to amend the lead and copper rule and to amend the public notification rules intended to
implement the community-right-to-know provisions. The proposal was published in the
Illinois Register
on October 27,
2000 (24 Ill. Reg. 15518), commencing the 45-day public comment period. The public comment period expires
December 11, 2000.
Please direct any questions regarding this rulemaking to Michael McCambridge at 312/814-6924; e-mail address:
mccambm@ipcb.state.il.us.
Board Adopts Proposal for Public Comment in In the Matter of: Wastewater Pretreatment Update, USEPA
Amendments (January 1, 2000 through June 30, 2000), R01-5
On October 19, 2000, the Board proposed for public comment amendments to the Illinois regulations that are identical in
substance to the wastewater pretreatment regulations that USEPA adopted 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 January 1, 2000 through June 30, 2000. USEPA took five actions
during this period that necessitated Board action (see 65 Fed. Reg. 3008 (January 19, 2000); 65 Fed. Reg. 4360 (January
27, 2000); 65 Fed. Reg. 14344 (March 16, 2000); 65 Fed. Reg. 15091 (March 21, 2000); and 65 Fed. Reg. 33423 (May
23, 2000)).
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 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 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.
The proposal for public comment will be published on November 13, 2000. The Board will accept written public
comment for at least 45 days after the date of publication in the
Illinois Register
. The public comment period expires on
December 29, 2000.
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 35 Ill. Adm. Code
217.Subpart V, Electric Power Generation, R01-16
On October 19, 2000, the Board proposed rules to amend 35 Ill. Adm. Code 217.Subpart V for first notice publication in
the
Illinois Register
. On October 16, 2000, the Illinois Environmental Protection Agency (Agency) filed a proposal to
amend 35 Ill. Adm. Code 217.Subpart V of the Illinois air regulations. The adoption by the Board of these amendments is
authorized under Section 28.5 of the Environmental Protection Act (Act) (415 ILCS 5/28.5 (1998)). Section 28.5
provides for “fast-track” adoption of certain regulations necessary for compliance with the Clean Air Act Amendments of
1990 (CAA) (42 U.S.C. 7401
et seq
. (1990)).
The Agency represents that the amendments to Subpart V of Part 217 are intended to meet several obligations of the State
under the federal CAA. Section 107(a) of the CAA (42 U.S.C. § 7407(a) (1990)) imposes on the State the primary
responsibility for ensuring that it meets the National Ambient Air Quality Standards (NAAQS) for ozone. The State is
required to submit a state implementation plan (SIP) that specifies emission limitations, controls, and other measures
necessary for the attainment, and enforcement of the NAAQS for ozone in this State.
7
With the opening of this docket, the Board currently has four NO
x
rulemakings pending. The Agency had previously filed
two regulatory proposals in response to the NO
x
SIP Call, 63 Fed. Reg. 57356 (October 27, 1998). See also Proposed
New 35 Ill. Adm. Code 217.Subpart W, The NO
x
Trading Program For Electrical Generating Units, and Amendments to
35 Ill. Adm. Code 211 and 217 (July 13, 2000), R01-9; and Proposed New 35 Ill. Adm. Code 217.Subpart T, Cement
Kilns, and Amendment to 35 Ill. Adm. Code 211 and 217 (August 24, 2000), R01-11. At the same time it filed this
proposal, the Agency also filed a third regulatory proposal to add Subparts U and X to Part 217, and make various
amendments to Part 211. See Proposed New 35 Ill. Adm. Code 217.Subpart U, No
x
Control And Trading Program For
Specified No
x
Generating Units, Subpart X, Voluntary No
x
Emissions Reduction Program, and Amendments to 35 Ill.
Adm. Code 211 (October 19, 2000), R01-17.
The proposal will be published in the
Illinois Register
on November 3, 2000, whereupon a 45-day public comment period
will begin during which interested persons may file public comments with the Board. Public hearings are scheduled on
December 10, 2000 and on January 9, 2001. These hearings are being held consecutively with those in R01-17 (See
article below).
Please direct any questions regarding this rulemaking to Bobb Beauchamp at 312/814-6929; e-mail address:
beauchab@ipcb.state.il.us.
Board Adopts First Notice Proposal in In the Matter of: Proposed New 35 Ill. Adm. Code 217.Subpart U, NO
x
Control and Trading Program for Specified NO
x
Generating Units, Subpart X, Voluntary NO
x
Emissions
Reduction Program, and Amendments to 35 Ill. Adm. Code 211, R01-17
On October 19, 2000, the Board proposed rules to add 35 Ill. Adm. Code 217.Subpart U, 217.Subpart X, and to amend 35
Ill. Adm. Code 211 for first notice publication in the
Illinois Register
. On October 16, 2000, the Illinois Environmental
Protection Agency (Agency) filed a proposal to have the Board add new Subparts U and X to Part 217, and to make
various amendments to Part 211 of the Illinois air regulations. 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 Clean Air Act Amendments of 1990 (CAA) (42 U.S.C. 7401
et seq
.
(1990)).
The Agency represents that the proposed amendments are intended to meet several obligations of the State under the
federal CAA. Section 107(a) of the CAA (42 U.S.C. § 7407(a) (1990)) imposes on the State the primary responsibility
for ensuring that it 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.
With the opening of this docket, the Board currently has four NO
x
rulemakings pending. The Agency had previously filed
two regulatory proposals in response to the NO
x
SIP Call, 63 Fed. Reg. 57356 (October 27, 1998). See also Proposed
New 35 Ill. Adm. Code 217.Subpart W, The NO
x
Trading Program For Electrical Generating Units, and Amendments to
35 Ill. Adm. Code 211 and 217 (July 13, 2000), R01-9; and Proposed New 35 Ill. Adm. Code 217.Subpart T, Cement
Kilns, and Amendment to 35 Ill. Adm. Code 211 and 217 (August 24, 2000), R01-11. At the same time it filed this
proposal, the Agency also filed a third regulatory proposal to amend Subpart V of Part 217. See Proposed Amendments
to 35 Ill. Adm. Code 217.Subpart V, Electric Power Generation, (October 19, 2000), R01-16.
The proposal will be published in the
Illinois Register
on November 13, 2000, whereupon a 45-day public comment
period will begin during which interested persons may file public comments with the Board. Public hearings are
scheduled on December 10, 2000 and on January 9, 2001. These hearings are being held consecutively with those in
R01-16 (See article above).
Please direct any questions regarding this rulemaking to Bobb Beauchamp at 312/814-6929; e-mail address:
beauchab@ipcb.state.il.us.
Back to top
IEPA Restricted Status List
8
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
DIVISION OF WATER POLLUTION CONTROL
RESTRICTED STATUS LIST
In order to comply with 35 Illinois Administrative Code Section 306.401 of the Illinois Pollution Control Board
Regulations, the Illinois Environmental Protection Agency 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 the Agency for a final determination. This listing reflects the status
as of September 30, 2000.
Facility names followed by an asterisk (*) indicates that construction is underway to ultimately alleviate problems which
resulted in imposition of Restricted Status. Facilities followed by a double asterisk (**) are additions to the list.
FACILITY NAME
RESPONSIBLE AUTHORITY
COUNTY
REMAINING
CAPACITY
Bourbonnais (Belle Aire Subd.)
Village of Bourbonnais
Kankakee
0
Camelot Utilities
Wastewater Collection System
Camelot Utilities
Will
0
Camp Point
(a portion mh 60-68)
Village of Camp Point
Adams
0
Clearview S.D.
Clearview S.D.
McLean
0
East Alton
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.-
Ninth Street LS
Rosewood Heights S.D.
Madison
0
South Palos Twp. SD
South Palos Twp.
South Palos Twp.
0
Streator STP**
City of Streator
LaSalle/Livingston
0
Taylorville-Shawnee Ave.
Pump Station
City of Taylorville
Christian
0
Utilities Unlimited
Utilities Unlimited
Will
0
Washington (Rolling Meadows)
City of Washington
Tazewell
0
Wauconda-Larksdale LS
Village of Wauconda
Lake
0
Winnebago-SS overflow to
Westfield LS; East 4 blocks of Soper
St.**
Village of Winnebago
Winnebago
0
No deletions from previous quarterly report
4
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 of the Illinois Pollution Control Board
Regulations, the Illinois Environmental Protection Agency 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 September 30, 2000.
Facility names followed by a double asterisk (**) are additions to the list.
FACILITY
NAME
RESPONSIBLE
AUTHORITY
COUNTY
REMAINING
CAPACITY
PE ADDED
SINCE
LAST LIST
Antioch STP**
Village of Antioch
Lake
2,420
0
Athens STP
City of Athens
Menard
72
122
Beardstown SD
City of Beardstown
Cass
1,769
0
Benton-Southeast STP
City of Benton
Franklin
60
0
Bethalto (L.S. #1)
Village of Bethalto
Madison
87
0
Bonnie Brae Forest Manor SD
STP
Bonnie Brae Forest Manor SD
Will
110
0
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 Co. of Ill.-
Derby Meadows UtilityCo. STP
Citizens Utilities Co. of Ill.
Will
0
0
Citizens Utilities Co. of Ill.-
River Grange
Citizens Utilities Co. of Ill.
Will
10
0
Dakota
Village of Dakota
Stephenson
90
0
Downers Grove S.D.
Downers Grove S.D.
DuPage
4,922
251
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 Co.
Utilities, Inc.
Will
70
0
Herscher
Village of Herscher
Kankakee
300
0
LCPWD-Diamond-Sylvan STP
County of Lake Public Works
Department
Lake
0
0
Lake Barrington Home Owners
Assn. STP
Lake Barrington Home Owners
Assn.
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 STP
City of Morris
Grundy
0
0
Mundelein STP
Village of Mundelein
Lake
0
4
Paris STP
City of Paris
Edgar
1,681
24
Plainfield STP
Village of Plainfield
Will
0
1,116
Rock Island (Main)
Village of Rock Island
Rock Island
4,749
122
Sandwich
Village of Sandwich
DeKalb/Kendall
681
0
Thompsonville STP
Village of Thompsonville
Franklin
0
0
Wauconda – Remaining
Collection System & Lakeview
Villa LS
Village of Wauconda
Lake
***
0
5
No deletions from previous quarterly report
***Contact IEPA – Permit Section
Board Actions
October 5, 2000
Springfield, Illinois
Rulemakings
R01-7
In the Matter of: SDWA Updated, USEPA Amendments (January 1, 2000
through June 30, 2000) – The Board adopted a proposal for public comment in
this “identical-in-substance” rulemaking to amend the Board’s public water
supply regulations.
7-0
R, PWS
R01-15
In the Matter of: Amerock Corporation, Rockford Facility for Site-Specific
Rulemaking Petition for Amendment to 35 Ill. Adm. Code 304.303 – The
Board ordered this Winnebago County petitioner to file an amended petition by
November 6, 2000, or this action will be dismissed. The Board reserved ruling
on the petitioner’s request to incorporate the record from docket R87-33 and
to waive the petition signature requirement.
7-0
R, Water,
Site-Specific
Adjusted Standards
AS 97-3
In the Matter of: Petition of Shell Wood River Refining Company for an
Adjusted Standard from 35 Ill. Adm. Code 725.213 and 725.321 - The Board
amended its May 15, 1997 order in this matter to grant Toscopetro Corporation
an adjusted standard from 35 Ill. Adm. Code 725.321, subject to the same
conditions imposed when the original adjusted standard was granted to Shell
Wood River Refining Company.
7-0
Land, RCRA
AS 98-6
In the Matter of: Petition of Wood River Refining Company, a division of
Equilon Enterprises, L.L.C. f/k/a Shell Wood River Refining Company for an
Adjusted Standard from 35 Ill. Adm. Code 725.213 and 725.321 - The Board
amended its March 18, 1999 order in this matter to grant Toscopetro
Corporation an adjusted standard from 35 Ill. Adm. Code 725.321, subject to
the same conditions imposed when the original adjusted standard was granted to
Wood River Refining Company.
7-0
Land, RCRA
AS 01-1
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 granted
petitioner’s motion for extension of time to file amended petition for an
adjusted standard to no later than October 10, 2000.
7-0
Water
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 granted petitioner’s motion to file a
reply
instanter,
denied the motion to schedule a site visit, and granted the
Illinois Environmental Protection Agency’s motion to strike.
7-0
Land
Administrative Citations
AC 00-75
IEPA v. Wayne Williams & Zora Williams – In response to a joint stipulation
and settlement agreement in this administrative citation action involving a
Peoria County facility, the Board dismissed respondents’ petition for review,
and found respondents had violated Section 21(p)(1) of the Environmental
Protection Act (415 ILCS 5/21(p)(1) (1998)). Respondents were ordered to
pay a civil penalty of $1,500.
7-0
6
AC 00-87
IEPA v. Olen G. Parkhill, Jr. – In response to a joint stipulation and settlement
agreement in this administrative citation action involving a Champaign County
facility, the Board dismissed respondent’s petition for review, and found
respondent had violated Section 21(p)(1) of the Environmental Protection Act
(415 ILCS 5/21(p)(1) (1998)). Respondent was ordered to pay a civil penalty
of $1,500.
7-0
Adjudicatory Cases
•
Decisions
PCB 00-44
People of the State of Illinois v. Wallace, Inc. – In this Resource Conservation
and Recovery Act enforcement action concerning a facility located in
Jackson
County, Illinois, the Board granted relief from the hearing requirement of
Section 31(c)(1) of the Environmental Protection Act (415 ILCS 5/31(c)(1)
(1998)), accepted a final stipulation and settlement agreement, ordered the
respondent to pay a civil penalty of
$2,000
, and ordered respondent to cease and
desist from further violations.
7-0
RCRA-E
PCB 01-41
People of the State of Illinois v. Sommer Products Company, Inc. – 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)(1) of the
Environmental Protection Act (415 ILCS 5/31(c)(1) (1998)), accepted a final
stipulation and settlement agreement, ordered the respondent to pay a civil
penalty of
$7,500
, and ordered respondent to cease and desist from further
violations.
7-0
A-E
PCB 01-45
People of the State of Illinois v. E.J. Water Corporation, Milano & Grunloh
Engineers, Inc. and Speth Plumbing, Inc. – In this public water supply
enforcement action concerning a facility located in Randolph County, the
Board granted relief from the hearing requirement of Section 31(c)(1) of the
Environmental Protection Act (415 ILCS 5/31(c)(1) (1998)), and accepted a
final stipulation and settlement agreement. The Board ordered each respondent
to pay a civil penalty of
$6,000
, and to cease and desist from further violations.
7-0
PWS-E
•
Provisional Variance
PCB 01-59
Abbott Laboratories v. IEPA – Upon receipt of an Illinois Environmental
Protection Agency recommendation, the Board granted a 30-day provisional
variance to this Lake 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
L-V, RCRA
Motions and Other Matters
PCB 97-101
People of the State of Illinois v. Louis Berkman 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
Ogle County
, the Board ordered publication of the required
newspaper notice.
7-0
A-E
PCB 99-27
People of the State of Illinois v. James and Carol Gilmer – The Board denied
respondents’ motion for stay of the Board’s August 24, 2000 order.
7-0
RCRA,
W-E
7
PCB 00-32
People of the State of Illinois v. Village of Maryville and Osborn Homes, Inc. –
Upon receipt of a proposed stipulation and settlement agreement between the
People and the Village, and an agreed motion to request relief from the hearing
requirement in this public water supply enforcement action involving a facility
located in
Madison County
, the Board ordered publication of the required
newspaper notice.
7-0
PWS-E
PCB 00-214
General Motors Corporation (Electro-Motive Division) 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 00-223
Silver Glen Homeowners’ Association, Inc. v. IEPA – The Board denied
respondent’s motion to dismiss.
7-0
P-A, Water
PCB 01-15
Federal-Mogul Corporation 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 01-18
Greenville Airport Authority 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 Bond County facility.
7-0
UST-FRD
PCB 01-19
Bond County Community School District 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 Bond County
facility.
7-0
UST-FRD
PCB 01-20
Abbott Laboratories 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 Lake County facility.
7-0
P-A, Air
PCB 01-21
Michael E. Mellon and Rebecca J. Mellon v. Illinois Department of
Transportation - The Board found that the alleged violations of Sections 9(a)
and 24 of the Environmental Protection Act (415 ILCS 5/9(a), 24 (1998)) and
35 Ill. Adm. Code 900.102 of the Board’s noise rules were neither duplicitous
nor frivolous. The Board accepted those allegations involving a Cook County
facility for hearing. The alleged violations of Sections 9(b) and 23 of the
Environmental Protection Act (415 ILCS 5/9(b), 23 (1998)) were determined
to be frivolous, and the Board dismissed them from the complaint.
6-0
Kezelis
abstained
A&N-E
Citizens
PCB 01-22
Homewood-Flossmoor Park District 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-FRD
PCB 01-23
Hillerich’s Car Care 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 01-24
U.S. Chrome Corporation of Illinois 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 Boone County facility.
7-0
P-A
PCB 01-25
Chrysler Realty Corporation v. Thomas Industries, Inc. and TDY Industries, Inc.
The Board granted respondent’s attorney’s motion to appear p
ro hac vice
and
ordered respondent to provide to the Board
additional information regarding its
affirmative defense.
7-0
UST-E,
Citizens
PCB 01-48
PCB 01-49
(Cons.)
Community Landfill Company and City of Morris v. IEPA –
The Board granted
respondent’s motion to file the response
instanter
and denied the motion for extension of time
to file the administrative record.
7-0
P-A, Land
8
PCB 01-50
Gilberts Citgo L.L.C. v. IEPA – The Board accepted petitioner’s amended
petition for hearing in this water well setback appeal involving a Kane County
facility.
7-0
WWS
PCB 01-55
CC Landfill, Inc. v. The Coles County Board, including Bill Harrington, Eugene
Sims, Timothy Yow, Tim Gover, Robert Webb, Jonathan McKenzie, Robert
Crowder, Michael Genta, Jan Eads, Carl Furry, Pat Black and Ray Allen, and
Coles County Environmental Force – The Board accepted for hearing this third-
party pollution control facility siting review involving a Coles County facility
and dismissed as improperly named all respondents except the Coles County
Board.
7-0
P-C-F-S-R
PCB 01-56
Bluff’s/Scott-Morgan C.U.S.D. #2 v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving a Scott County facility.
7-0
UST-FRD
PCB 01-57
G.J. Leasing Company, 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 St. Clair County facility.
7-0
UST-FRD
90-Day Ext.
PCB 01-58
Roman Catholic Diocese/Joliet St. Alexis Church 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 DuPage County facility.
7-0
UST-FRD
90-Day Ext.
October 19, 2000
Chicago, Illinois
Rulemakings
R01-5
In the Matter of: Wastewater Pretreatment Update, USEPA Amendments
(January 1, 2000 through June 30, 2000) – The Board adopted a proposal for
public comment in this “identical-in-substance” rulemaking to amend the
Board’s wastewater pretreatment regulations.
7-0
R, Water
R01-16
In the Matter of: Proposed Amendments to 35 Ill. Adm. Code 217. Subpart V,
Electric Power Generation – The Board accepted the Illinois Environmental
Protection Agency’s October 16, 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 the rules must be adopted 180-days from the filing of the proposal.
7-0
R, Air
R01-17
In the Matter of: Proposed New 35 Ill. Adm.Code 217. Subpart U, NOx
Control and Trading Program for Specified NOx Generating Units, Subpart X
Voluntary NOx Emissions Reduction Program, and Amendments to 35 Ill.
Adm. Code 211 – The Board accepted the Illinois Environmental Protection
Agency’s October 16, 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
the rules must be adopted 180-days from the filing of the proposal.
7-0
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 petitioner’s motion for correction and/or reconsideration
and entered an order modifying the Board’s September 7, 2000 order in this
matter.
6-0
Girard
abstained
Water
9
AS 01-4
In the Matter of: The Petition of Borden Chemicals & Plastics Operating
Limited Partnership for an Adjusted Standard from 35 Ill. Adm. Code 304.105
as it Applies to 35 Ill. Adm. Code 302.211(B)-(E) – The Board entered an
order dismissing this petition for an adjusted standard from the general use
water quality standards for temperature for this Illiopolis, Sangamon County,
Illinois, facility. Petitioners failed to file the certificate of publication within
fourteen days as required by Section 28.1(d)(1) of the Environmental
Protection Act.
7-0
Water
Administrative Citation
AC 01-8
IEPA v. Carlos Coiley and George Duguay – The Board found that these
Kankakee County respondents violated Sections 21(p)(1) and (p)(3) of the Act
(415 ILCS 5/21(p)(1), (3) (1998)), and ordered respondents to pay a civil
penalty of $3,000.
7-0
Adjudicatory Cases
•
Decisions
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. - The Board vacated the April 19, 2000 decision
by the Village of Fairmont City granting siting approval to Waste Management
of Illinois, Inc. to expand the Milam Recycling and Disposal Facility. This
matter was remanded for rehearing before the Village of Fairmont City.
7-0
P-C-F-S-R
PCB 00-203
People of the State of Illinois v. Barron Industries, Inc. – In this air
enforcement action concerning a facility located in
Winnegago
County, Illinois,
the Board granted relief from the hearing requirement of Section 31(c)(1) of
the Environmental Protection Act (415 ILCS 5/31(c)(1) (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
A-E
Motions and Other Matters
PCB 98-164
City of Rock Island v. IEPA – The Board entered an order modifying its July
13, 2000 and September 21, 2000 orders in this matter.
6-0
Manning
abstained
W-V, NPDES
PCB 00-9
People of the State of Illinois v. Brake’s Enterprises, Inc. - The Board granted
complainant’s motion for summary judgment.
7-0
UST-E
PCB 00-191
Sunburst Energy, Inc. v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal involving a Fayette
County facility.
7-0
UST-FRD
PCB 00-223
Silver Glen Homeowners’ Association, Inc. v. IEPA, Mark Kaplan, and B.
Davidson Custom Homes, Inc. – The Board granted petitioner’s motion for
voluntary dismissal of this permit appeal involving a Kane County facility.
7-0
P-A, NPDES
PCB 01-30
Stuart C. Nuss v. IEPA and Village of Durand - The Board dismissed the Illinois
Environmental Protection Agency from this matter and granted complainant
leave to file an amended complaint in this water enforcement action involving a
Winnebago County facility.
7-0
W-E, Citizens
10
PCB 01-32
Waukegan Port District v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Lake County facility.
7-0
UST-FRD
PCB 01-48
PCB 01-49
(Cons.)
Community Landfill Company and City of Morris v. IEPA – The Board granted
petitioners’ motions for stay of contested permit conditions and respondent’s
motions for leave to file surreply, for extension of time, and for relief from
copy requirements.
7-0
P-A, Land
PCB 01-54
Richard G. Cotterman v. Jackson Farms and City of Virden – The Board found
that the alleged violations of Sections 9(a) and 24 of the Environmental
Protection Act (415 ILCS 5/9(a), 24 (1998)) and 35 Ill. Adm. Code 900.102 of
the Board’s noise rules were neither duplicitous nor frivolous, granted
respondent, the City of Virden’s motion to dismiss it as a party to the case, and
accepted this matter involving a Macoupin County facility for hearing.
7-0
A&N-E,
Citizens
PCB 01-61
People of the State of Illinois v. Roll Service, Inc. – The Board accepted for
hearing this air enforcement action against this Cook County facility.
7-0
A-E
PCB 01-62
ESG Watts, Inc. (Sangamon Valley Landfill) v. IEPA – The Board accepted for
hearing this permit appeal involving a Sangamon County facility.
7-0
P-A, Land
PCB 01-63
ESG Watts, Inc. (Viola Landfill) v. IEPA – The Board accepted for hearing this
permit appeal involving a Mercer County facility.
7-0
P-A, Land
PCB 01-64
ESG Watts, Inc. (Taylor Ridge/Andalusia Landfill) v. IEPA – The Board
accepted for hearing this permit appeal involving a Rock Island County facility.
7-0
P-A, Land
PCB 01-65
Arnold’s Service and Repair 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 Fayette County facility.
7-0
UST-FRD, 90-
Day Ext.
New Cases
October 5, 2000 Board Meeting
01-54 Richard G. Cotterman v. Jackson Farms and City of Virden - The Board held for a later duplicitous/frivolous
determination of this citizen’s air and noise enforcement action involving a Macoupin County facility.
01-55 CC Landfill, Inc. v. The Coles County Board, including Bill Harrington, Eugene Sims, Timothy Yow, Tim
Gover, Robert Webb, Jonathan McKenzie, Robert Crowder, Michael Genta, Jan Eads, Carl Furry, Pat Black and
Ray Allen, and Coles County Environmental Force - The Board accepted for hearing this third-party pollution
control facility siting review involving a Coles County facility and dismissed as improperly named all respondents
except the Coles County Board.
01-56 Bluff’s/Scott-Morgan C.U.S.D. #2 v. IEPA - The Board accepted for hearing this underground storage tank
appeal involving a Scott County facility.
01-57 G.J. Leasing Company, 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 St. Clair County facility.
01-58 Roman Catholic Diocese/Joliet St. Alexis Church 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 DuPage County facility.
01-59 Abbott Laboratories v. IEPA - Upon receipt of an Illinois Environmental Protection Agency
recommendation, the Board granted a 30-day provisional variance to this Lake County facility from the 90-day
limitation on the accumulation of hazardous wastes, as set forth in 35 Ill. Adm. Code 722.134(b).
AC 01-9 IEPA v. Larry Cadie d/b/a Cadie Car Hauling - The Board accepted an administrative citation against this
Boone County respondent.
11
AS 01-5 In the Matter of: Petition of the City of Sycamore for an Adjusted Standard from 35 Ill. Adm. Code
Sections 306.305(b) and 304.121 -Pending receipt of the certificate of publication, the Board held this DeKalb
County facility’s petition for an adjusted standard from the water regulations found at 35 Ill. Adm. Code
306.305(b) and 304.121.
October 19, 2000 Board Meeting
01-60 Anthony J. Schlax v. Evanston Hospital - The Board held for a later duplicitous/frivolous determination of
this citizen’s noise enforcement action involving a Cook County facility.
01-61 People of the State of Illinois v. Roll Service, Inc. - The Board accepted for hearing this air enforcement
action against this Cook County facility.
01-62 ESG Watts, Inc. (Sangamon Valley Landfill) v. IEPA - The Board accepted for hearing this permit appeal
involving a Sangamon County facility.
01-63 ESG Watts, Inc. (Viola Landfill) v. IEPA - The Board accepted for hearing this permit appeal involving a
Mercer County facility.
01-64 ESG Watts, Inc. (Taylor Ridge/Andalusia Landfill) v. IEPA - The Board accepted for hearing this permit
appeal involving a Rock Island County facility.
01-65 Arnold’s Service and Repair 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 Fayette County facility.
R01-16 In the Matter of: Proposed Amendments to 35 Ill. Adm. Code 217. Subpart V, Electric Power Generation
- The Board accepted the Illinois Environmental Protection Agency’s October 16, 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 the rules must be adopted 180-days from the filing of
the proposal.
R01-17 In the Matter of: Proposed New 35 Ill. Adm. Code 217. Subpart U, NOx Control and Trading Program for
Specified NOx Generating Units, Subpart X Voluntary NOx Emissions Reduction Program, and Amendments to 35
Ill. Adm. Code 211 - The Board accepted the Illinois Environmental Protection Agency’s October 16, 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 the rules must be adopted 180-days
from the filing of the proposal.
Back to top
Board Calendar
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
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
11/13/2000
1:00 pm
AS 00-11
In the Matter of: Petition of Bema Film
Systems, Inc. for an Adjusted Standard
from 35 Ill. Adm. Code Sections
218.401(a), (b) and (c) (the
“Flexographic Printing Rule”)
Elmhurst City Hall
City Council Chambers
2nd Floor
209 N. York St.
Elmhurst, IL
12
11/14/2000
10:30 am
AS 00-13
In the Matter of: Petition of Formel
Industries, Inc. for an Adjusted Standard
from 35 Ill. Adm. Code Sections
218.401(a), (b) and (c) (the
“Flexographic Printing Rule”)
James R. Thompson Center
100 W. Randolph Street
Room 11-512
Chicago, IL
11/15/2000
9:00 am
PCB 00-32
People v. Village of Maryville and Osborn
Homes, Inc.
Madison County
Administrative Building
Room 203
157 N. Main St.
Edwardsville, IL
11/15/2000
10:30 am
AS 00-12
In the Matter of: Petition of Vonco
Products, Inc. for an Adjusted Standard
from 35 Ill. Adm. Code Sections
218.401(a), (b) and (c) (the
“Flexographic Printing Rule”)
Libertyville Village Hall
118 W. Cook St.
Libertyville, 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
James R. Thompson Center
100 W. Randolph Street
Room 11-500
Chicago, IL
11/16/2000
9:00 am
PCB 00-32
People v. Village of Maryville and Osborn
Homes, Inc.
Madison County
Administrative Building
Room 203
157 N. Main St.
Edwardsville, IL
11/16/2000
9:30 am
PCB 00-50
People v. Staley
Stratton Building
Room 503
401 Spring St.
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
11/17/2000
9:30 am
PCB 00-50
People v. Staley
Stratton Building
Room 503
401 Spring St.
Springfield, IL
11/17/2000
9:30 am
R01-13
In the Matter of: Revisions to
Antidegradation Rules: 35 Ill. Adm. Code
302.105, 303.205, 303.206 and 106.990
– 106.995
James R. Thompson Center
100 W. Randolph Street
Room 9-040
Chicago, IL
11/22/2000
10:00 am
PCB 01-50
Gilberts Citgo v. IEPA and Wheeling
Trust & Savings Bank
Kane County Courthouse
Room 141
100 S. Third St.
Geneva, IL
11/28/2000
9:00 am
PCB 98-148
People v. Poland, Yoho and Briggs
Plumbing
Knox County Courthouse
2nd Floor Conference Room
200 S. Cherry St.
Galesburg, IL
11/28/2000
9:30 am
PCB 99-191
People v. Panhandle Eastern Pipeline
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
11/28/2000
11:00 am
R01-16
In the Matter of: Proposed Amendments
to 35 Ill. Adm. Code 217.Subpart V,
Electric Power Generation
James R. Thompson Center
100 W. Randolph Street
Room 9-040
Chicago, IL
13
11/29/2000
9:00 am
PCB 98-148
People v. Poland, Yoho and Briggs
Plumbing
Knox County Courthouse
2nd Floor Conference Room
200 S. Cherry St.
Galesburg, IL
11/29/2000
9:30 am
R01-17
In the Matter of: Proposed New 35 Ill.
Adm. Code 217.Subpart U, NOx Control
and Trading Program for Specified NOx
Generating Units, Subpart X, Voluntary
NOx Emissions Reduction Program, and
Amendments to 35 Ill. Adm. Code 211
James R. Thompson Center
100 W. Randolph Street
Room 9-040
Chicago, IL
11/29/2000
9:30 am
PCB 99-191
People v. Panhandle Eastern Pipeline
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
11/30/2000
9:00 am
PCB 98-148
People v. Poland, Yoho and Briggs
Plumbing
Knox County Courthouse
2nd Floor Conference Room
200 S. Cherry St.
Galesburg, IL
11/30/2000
9:30 am
PCB 99-191
People v. Panhandle Eastern Pipeline
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
12/1/2000
9:30 am
PCB 99-191
People v. Panhandle Eastern Pipeline
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
12/5/2000
9:00 am
PCB 99-182
Lamma v. Office of the State Fire
Marshal
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
12/6/2000
10:00 am
R01-13
In the Matter of: Revisions to
Antidegradation Rules: 35 Ill. Adm. Code
302.105, 303.205, 303.206 and 106.990
– 106.995
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
12/7/2000
9:00 am
PCB 01-42
Logsdon v. Bowman
Mt. Sterling City Hall
Council Chambers
145 W. Main St.
Mt. Sterling, IL
12/7/2000
9:30 am
PCB 99-189
People v. Aabott Asbestos, Inc.
Stratton Building
State Use Room, #801
401 Spring St.
Springfield, IL
12/7/2000
11:00 am
Illinois Pollution Control Board Meeting
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
12/19/2000
11:00 am
R01-16
In the Matter of: Proposed Amendments
to 35 Ill. Adm. Code 217.Subpart V,
Electric Power Generation
James R. Thompson Center
100 W. Randolph Street
Room 9-040
Chicago, IL
14
12/20/2000
9:30 am
R01-17
In the Matter of: Proposed New 35 Ill.
Adm. Code 217.Subpart U, NOx Control
and Trading Program for Specified NOx
Generating Units, Subpart X, Voluntary
NOx Emissions Reduction Program, and
Amendments to 35 Ill. Adm. Code 211
James R. Thompson Center
100 W. Randolph Street
Room 9-040
Chicago, IL
12/21/2000
11:00 am
Illinois Pollution Control Board Meeting
James R. Thompson Center
100 W. Randolph Street
Room 9-040
Chicago, IL
1/2/2001
11:00 am
R01-16
In the Matter of: Proposed Amendments
to 35 Ill. Adm. Code 217.Subpart V,
Electric Power Generation
James R. Thompson Center
100 W. Randolph Street
Room 9-040
Chicago, IL
1/3/2001
9:30 am
R01-17
In the Matter of: Proposed New 35 Ill.
Adm. Code 217.Subpart U, NOx Control
and Trading Program for Specified NOx
Generating Units, Subpart X, Voluntary
NOx Emissions Reduction Program, and
Amendments to 35 Ill. Adm. Code 211
James R. Thompson Center
100 W. Randolph Street
Room 9-040
Chicago, IL
1/4/2001
11:00 am
Illinois Pollution Control Board Meeting
James R. Thompson Center
100 W. Randolph Street
Room 9-040
Chicago, IL
1/10/2001
1:30 pm
PCB 98-146
Don’s Service v. Office of the State Fire
Marshal
Illinois Pollution Control
Board
Hearing Room 403
600 S. Second Street
Springfield, IL
1/18/2001
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
15
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
