Springfield and Chicago, Illinois?

Federal Update?p. 1
Springfield and Chicago, Illinois
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  1. New Cases
    1. November 16, 2000 Board Meeting
2. AS 01-6 In the Matter of: Petition of Borden Chemicals & Plastics Operating Limited Partnership for an Adjusted Standard from Ill. Adm. Code 304.105 as it applies to 35 Ill. Adm. Code 302.211(B)-(E) – Pending receipt of the certificate of publication, t
  1. _
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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

The Illinois Pollution Control Board has had a busy rulemaking docket. The

Board has four rulemakings that will be reviewed by the Joint Committee on

Administrative Rules at its December 12, 2000 meeting. The proposed rules

are:

•

Procedural Rules R00-20 (35 Ill. Adm. Code Subtitle A)

•

Diesel Opacity R01-8 (35 Ill. Adm. Code 240)

•

NOx Emissions R01-9 (35 Ill. Adm. Code 217 & 211)

•

TACO R00-19(A) (35 Ill. Adm. Code 742)

The Board plans to adopt these rules at its December 21, 2000 meeting.

The Board plans to move two rulemakings to second notice in December. These rulemakings are:

•

TACO R00-19(B) (35 Ill. Adm. Code 742)

•

NOx Emissions R01-11 (35 Ill. Adm. Code 217 & 211)

Three rulemakings are in the first notice - still in public comment phase. They are:

•

Regulated Recharge R00-17 (35 Ill. Adm. Code 617)

•

NOx Emissions R01-16 (35 Ill. Adm. Code 217)

•

NOx Emissions R01-17 (35 Ill. Adm. Code 217 & 211)

The Board also has two rulemakings that have not yet been published for first notice - public comments, but hearings

are being held:

•

Antidegradation Rules R01-13 (35 Ill. Adm. Code 302, 303, & 106)

•

Proposed MTBE Groundwater Quality Standards R01-14 (35 Ill. Adm. Code 620)

We encourage participation in any of the rulemakings. Details on how to participate in the process are located on the

Board’s Web site at www.ipcb.state.il.us. The Rules & Regulations area of the Board’s Web site includes hearing

officer orders, hearing schedules, and transcripts of hearings.

In addition to the busy rulemaking docket, the Board anticipates issuing an informational order in the peaker plant

Inquiry Hearing matter. More than 80 persons testified before the Board during seven days of hearings in Chicago,

Naperville, Joliet, Grayslake and Springfield. The Board also received 195 written public comments. The Board

expects to take final action on the informational order at its December 21, 2000 meeting. The informational order

will also be placed on the Board’s Web site.

Sincerely,

Claire A. Manning, Chairman

Inside This Issue:

Federal Update

United States Environmental Protection Agency Identifies Approved and Disapproved Elements of the Great

Lakes Guidance Submission from the State of Wisconsin and Implements Final Rule

On November 6, 2000, USEPA identified approved and disapproved elements of the Great Lakes Guidance

Submission from the State of Wisconsin. USEPA also implemented a separate final rule. 65 Fed. Reg. 66502.

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 Lakes 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 submission of Wisconsin. USEPA's final action consists of approving

those elements of Wisconsin’s submission that are consistent with the Guidance; disapproving those elements that

are not consistent with the Guidance; and specifying in a final rule the elements of the Guidance that Wisconsin

either failed to adopt required elements or adopted elements that are inconsistent with the Guidance.

The final rule became effective on December 6, 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 National Emission Standards for Hazardous Air

Pollutants for Municipal Solid Waste Landfills

On November 7, 2000, USEPA proposed national emission standards for hazardous air pollutants (NESHAP) for

municipal solid waste (MSW) landfills. 65 Fed. Reg. 66672. The proposed rule is applicable to both major and area

landfill sources, and contains the same requirements as the Emission Guidelines and New Source Performance

Standards for MSW landfills.

The proposed rule adds startup, shutdown, and malfunction requirements, adds operating condition deviations for

out-of-bounds monitoring parameters, and changes the reporting frequency for one type of report. The proposed rule

implements Section 112(d) of the Clean Air Act (42 U.S.C. §§ 7401

et seq.

(1996)) by requiring new and existing

sources to control emissions of hazardous air pollutants (HAP) to the level reflecting the maximum achievable

control technology. The HAP emitted by MSW landfills include, but are not limited to, vinyl chloride, ethyl

benzene, toluene, and benzene.

Comments must be received by January 8, 2001. For further information contact Ms. Michele Laur at 919/541-

5256; e-mail address: laur.michele@epa.gov.

Pursuant to Section 9.1(b) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(b) (1998)), once adopted by

the USEPA, NESHAP rules are applicable and enforceable under the Act without further action by the Board.

United States Environmental Protection Agency Adopts Identification and Listing of Hazardous Waste;

Chlorinated Aliphatic Production Wastes; Land Disposal Restrictions for Newly Identified Wastes; CERCLA

Hazardous Substance Designation and Reportable Quantities in Final Rule

On November 8, 2000, USEPA identified and listed chlorinated aliphatic production wastes under the hazardous

waste management system, set land disposal restrictions for the newly identified waste, and imposed a CERCLA

hazardous substance designation and reportable quantities in a final rule. 65 Fed. Reg. 67067.

USEPA listed as hazardous two wastes generated by the chlorinated aliphatic industry. USEPA finalized the

regulations under the Resource Conservation and Recovery Act (RCRA) (42 U.S.C §§ 6901

et seq

. (1996)), which

directs USEPA to determine whether certain wastes from the chlorinated aliphatic industry may present a substantial

hazard to human health or the environment. The effect of listing the two wastes is to subject them to stringent

management and treatment standards under RCRA and to subject them to emergency notification requirements for

releases of hazardous substances to the environment.

USEPA is finalizing a contingent-management listing approach for one of these wastes. Under the contingent-

management listing determination, the waste will not be a listed hazardous waste, if it is sent to a specific type of

management facility. USEPA is also finalizing determinations not to list as hazardous four wastes generated by the

chlorinated aliphatic industry.

USEPA also listed as hazardous the two wastes (K174 and K175) under CERCLA (42 U.S.C. §§ 9601

et seq

(1996)) and set reportable quantities for the wastes.

The effective date of the final rule is May 7, 2001. For further information contact Ross Elliott at 703/308-8748; e-

mail address: elliott.ross@epa.gov.

The Board will incorporate any necessary amendments to the RCRA rules in a future identical-in-substance

rulemaking.

United States Environmental Protection Agency Clarifies and Corrects National Emission Standards for

Hazardous Air Pollutants for Hazardous Waste Combustors in Final Rule

On November 9, 2000, USEPA clarified and corrected an earlier-adopted national emission standards for hazardous

air pollutants (NESHAPs) for hazardous waste combustors in a final rule. 65 Fed. Reg. 67268.

On September 30, 1999 (64 Fed. Reg. 52828), USEPA issued a final rule promulgating revised standards for

hazardous waste incinerators, hazardous waste burning cement kilns, and hazardous waste burning lightweight

aggregate kilns. The standards were promulgated under joint authority of the Clean Air Act (42 U.S.C. §§ 7401

seq

. (1996)) and the Resource Conservation and Recovery Act (42 U.S.C §§ 6901

et seq

. (1996)). Sources subject

to these standards raised questions regarding the applicability of new source versus existing source standards for

hazardous waste incinerators. USEPA clarified the original intent of the rule on these issues, and made three

technical corrections.

This rule became effective on November 9, 2000. For further information contact David Hockey at 703/308-8846;

e-mail address: hockey.david@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 Amends Final Water Quality Guidance for the Great Lakes

System to Prohibit Mixing Zones for Bioaccumulative Chemicals of Concern in Final Rule

On November 13, 2000, USEPA adopted a final rule to amend the earlier-adopted final water quality guidance for

the Great Lakes system to prohibit mixing zones for bioaccumulative chemicals of concern. 65 Fed. Reg. 67638.

USEPA adopted a final rule to amend the final water quality guidance for the Great Lakes system (the Guidance) to

prohibit mixing zones for bioaccumulative chemicals of concern (BCCs) in the Great Lakes system, subject to

certain exceptions for existing discharges. For existing discharges, the regulation prohibits mixing zones for BCCs

starting ten years after the publication date of the final BCC mixing zone rule. New discharges of BCCs are subject

to the mixing zone prohibition immediately upon commencing discharge.

USEPA had promulgated a mixing zone provision similar to this regulation on March 23, 1995, as part of the

Guidance required by Section 118(c)(2) of the Clean Water Act (33 U.S.C. § 1268(c) (1996)). The provision was

vacated by the United States Court of Appeals for the District of Columbia Circuit in American Iron & Steel Institute

v. EPA, 115 F.3d 979 (D.C. Cir. 1997), and was remanded to USEPA for further consideration. In response to the

Court's remand, USEPA published a proposal on October 4, 1999, to amend the Guidance to reinstate the provision

to prohibit mixing zones for BCCs (64 Fed. Reg. 53632). USEPA received many comments from stakeholders

throughout the United States on its proposal to prohibit mixing zones for BCCs in the Great Lakes Basin. The final

rule reflects USEPA's reconsideration of the factual record in response to the Court's remand and public comments

received on its proposal.

The final rule becomes effective December 13, 2000. For further information contact Mark Morris at 202/260-0312.

United States Environmental Protection Agency Amends Asbestos Worker Protection Rule and Asbestos-in-

Schools Rule in Final Rule

On November 15, 2000, USEPA amended the Asbestos Worker Protection Rule (WPR) and the Asbestos-in-Schools

Rule. 65 Fed. Reg. 69209.

The WPR amendment protects state and local government employees from the health risks of exposure to asbestos to

the same extent as private sector workers by adopting the Asbestos Standards of the Occupational Safety and Health

Administration (OSHA). The WPR's coverage is extended to state and local government employees who are

performing construction work, custodial work, and automotive brake and clutch repair work. The final rule cross-

references the OSHA Asbestos Standards for Construction and for General Industry, so that future amendments to

these OSHA standards are directly and equally effective for employees covered by the WPR.

USEPA also amended the Asbestos-in- Schools Rule to provide coverage under the WPR for employees of public

local education agencies who perform operations, maintenance, and repair activities. USEPA is issuing this final

rule under Section 6 of the Toxic Substances Control Act (15 U.S.C. §§ 2601

et. seq

. (1996)).

The final rule becomes effective December 15, 2000. For further information contact Cindy Fraleigh at 202/260-

1537; e-mail address: fraleigh.cindy@epa.gov.

United States Environmental Protection Agency Proposes Requirements for Zinc Fertilizers Made From

Recycled Hazardous Secondary Materials Under Resource Conservation and Recovery Act

On November 28, 2000, USEPA proposed requirements for zinc fertilizers made from recycled hazardous secondary

materials. 65 Fed. Reg. 70953.

USEPA proposed to revise the existing regulations that apply to the recycling of hazardous wastes to make zinc

fertilizer products. The proposal would establish a more consistent regulatory framework for this practice, and

establish conditions for excluding from the definition of solid waste under the Resource Conservation and Recovery

Act (42 U.S.C. §§ 6901

et seq

. (1996)) hazardous secondary materials used to make zinc fertilizers. The proposal

also solicits comments on regulating mining wastes that are used to make fertilizers.

Comments must be received by February 26, 2001. For further information contact Dave Fagan at 703/308-0603; e-

mail address: fagan.dave@epa.gov.

If adopted as a final rule by USEPA, the Board will include proposed changes in a future RCRA update.

Rule Update

Board Adopts Second-Notice Proposal in In the Matter of: Revision of the Board’s Procedural Rules: 35 Ill.

Adm. Code 101-130, R00-20

On March 16, 2000, the Board proposed revised procedural rules for first-notice publication in the

Illinois Register

to govern how persons initiate and participate in all proceedings before the Board under the Environmental

Protection Act (Act) (415 ILCS 5/1

et seq

. (1998)), and other legislation directing Board action. On November 2,

2000, the Board proposed the procedural rules for second-notice review by the Joint Committee on Administrative

Rules (JCAR). The rules are scheduled for action by JCAR at its December 12, 2000 meeting.

In its November 2, 2000 opinion, the Board highlighted the more significant changes it is making to the procedural

rules it proposed for first-notice. The rules that the Board proposed for second-notice have benefited from the public

comments made since the Board’s first-notice proposal. The Board held three public hearings on the first-notice

rules (April 11, May 4, and July 10, 2000). The Board also received 18 public comments on the rules that it

proposed for first-notice. The Board established a public comment page on its Web site (www.ipcb.state.il.us),

where the Board posted each of those comments.

The proposed procedural rules consist of ten parts within Title 35 of the Illinois Administrative Code: Part 101

(General Rules); Part 102 (Regulatory and Informational Hearings and Proceedings); Part 103 (Enforcement); Part

104 (Regulatory Relief Mechanisms); Part 105 (Appeals of Final Decisions of State Agencies); Part 106

(Proceedings Pursuant to Specific Rules or Statutory Provisions); Part 107 (Petition to Review Pollution Control

Facility Siting Decisions); Part 108 (Administrative Citations); Part 125 (Tax Certifications); and Part 130

(Identification and Protection of Trade Secrets and Other Non-Disclosable Information).

Upon final adoption, the proposed rules will replace all of the Board’s existing procedural rules and all Board

resolutions that relate to procedural matters. The Board expects to adopt the final procedural rules at its December

21, 2000 meeting. The new procedural rules are expected to become effective January 1, 2001, and will apply to all

pending and new proceedings.

The proposed new procedural rules are available on the Board’s Web site at www.ipcb.state.il.us. You may obtain

hard copies of the proposed rules by contacting the Board’s office in Chicago at 312/814-3620 or Springfield at

217/524-8500. For additional information contact: Carol Sudman at 217/524-8509; e-mail:

sudmanc@ipcb.state.il.us or the Board’s Public Information Officer, Connie Newman 217/782-7630; e-mail:

newmanc@ipcb.state.il.us

Board Adopts Second-Notice Proposal in In the Matter of: Amendments to Diesel Opacity Rules Required by

P.A. 91-254 and P.A. 91-865, Proposed Amendments to 35 Ill. Adm. Code 240, R01-8

On November 16, 2000, the Board proposed rules to amend 35 Ill. Adm. Code 240 for second-notice review by the

Joint Committee on Administrative Rules (JCAR). The Board added three additional definitions to the rules

proposed at first-notice, two of which were requested by JCAR.

Two hearings were held in R01-8. The record and public comment closed November 9, 2000. No public comments

were received during the first-notice period with the exception of minor editorial changes suggested by JCAR.

The rule is scheduled for action by JCAR at its December 12, 2000 meeting. The Board anticipates adoption of the

final rule at its December 21, 2000 meeting.

For additional information contact: Stacy Meyers at 312/814-7011; e-mail: meyerss@ipcb.state.il.us.

Board Adopts Second-Notice Proposal in In the Matter of: Proposed New 35 Ill. Adm. Code 217, Subpart W,

the NOx Trading Program for Electrical Generating Units and Amendments to 35 Ill. Adm. Code 211 and

217, R01-9

On November 16, 2000, the Board proposed rules to add 35 Ill. Adm. Code 217, Subpart W, the NOx Trading

Program for Electrical Generating Units and amend 35 Ill. Adm. Code 211 and 217 for second-notice review by the

Joint Committee on Administrative Rules. The second-notice proposal follows substantially the proposal filed with

the Board by the Illinois Environmental Protection Agency (Agency) on July 11, 2000, and adopted by the Board for

first-notice on July 13, 2000.

The Board held public hearings in this matter. Hearings were scheduled and conducted in accordance with 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 CAAA.

The record in this matter closed on October 13, 2000, as provided for by Section 28.5(l) of the Act. 415 ILCS

5/28.5(1) (1998). Ten public comments have been filed: Dynegy Midwest Generation (PC 1); EnviroPower (PC 2

and PC 8); Agency (PC 3); Office of Public Utilities, City of Springfield (PC 4); Ameren Corporation (PC 5);

Midwest Generation EME, LLC (PC 6); Enron Corp (PC 7); Environmental Law and Policy Center (PC 9); and

Chicago Department of Environment (PC 10).

The rule is scheduled for action by JCAR at its December 12, 2000 meeting. The Board anticipates adoption of the

final rule at its December 21, 2000 meeting.

For additional information contact: Cathy Glenn at 312/814-6923; e-mail: glennc@ipcb.state.il.us.

Board Adopts Second-Notice Proposal in In the Matter of: Proposed Amendments to Tiered Approach to

Corrective Action Objectives: 35 Ill. Adm. Code 742, R00-19(A)

On November 16, 2000, the Board proposed rules to amend 35 Ill. Adm. Code 742 for second-notice review by the

Joint Committee on Administrative Rules. Three hearings were held in this matter during the first-notice period.

The public comment period expired on October 23, 2000. The following public comments were received: Illinois

Environmental Regulatory Group (PC 1); Illinois Steel Group (PC 2); The Stolar Partnership (PC 3); and Illinois

Environmental Protection Agency (PC 4). The second-notice proposal includes various changes to Part 742, which

are discussed in detail in the Board’s November 16, 2000, second-notice opinion and order.

The rule is scheduled for action by JCAR at its December 12, 2000 meeting. The Board anticipates adoption of the

final rule at its December 21, 2000 meeting.

For additional information contact: Amy Jackson at 217/524-8507; e-mail: jacksona@ipcb.state.il.us.

Board Actions

November 2, 2000

Chicago, Illinois

Rulemaking

R00-20 In the Matter of: Revision of the Board’s Procedural Rules: 35 Ill. Adm. Code

101-130 – The Board issued a second-notice opinion and order in this matter

proposing to amend the Board’s procedural rules.

7-0

R, Procedural

Rules

Adjusted Standards

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 304.125 and 35 Ill. Adm. Code

302.204 – The Board accepted for hearing this Cook County facility’s amended

petition for an adjusted standard from the Board’s pH water quality standard and

effluent limitation.

7-0

PWS

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 – The Board ordered this

Kane County petitioner to file an amended petition by January 5, 2001, or this

action will be dismissed.

7-0

Water

Administrative Citation

AC 00-72 IEPA v. Carl White – The Board entered an interim opinion and order finding

respondent violated Section 21(p)(1) of the Environmental Protection Act (415

ILCS 5/21(p)(1) (1998)) and assessing a penalty of $1,500. The Board ordered

the Clerk of the Board and the Illinois Environmental Protection Agency to file

within 15 days a statement of hearing costs, supported by affidavit, with service

on respondent.

7-0

Adjudicatory Cases

•

Decisions

PCB 95-170 People of the State of Illinois v. Environmental Control and Abatement, Inc. – In

this air enforcement action concerning five facilities located in Madison, Marion,

Adams, and Champaign Counties, Illinois, the Board found that respondent

violated Section 9.1(d) of the Environmental Protection Act (415 ILCS 5/9.1(d)

(1998)) by failing to comply with Section 61.145(b) of the asbestos National

Emission Standard for Hazardous Air Pollutants 40 C.F.R. § 61.145(b) (1997)

and ordered the respondent to pay a civil penalty of $3,000.

7-0

A-E

PCB 97-101 People of the State of Illinois v. Louis Berkman Company – In this air

enforcement action concerning a facility located in Ogle County, Illinois, the

Board granted relief from the hearing requirement of Section 31(c)(1) of the Act

(415 ILCS 5/31(c)(1) (1998)), accepted a final stipulation and settlement

agreement, ordered the respondent to pay a civil penalty of $50,000, and to cease

and desist from further violations.

7-0

A-E

PCB 97-135 People of the State of Illinois v. Champion Environmental Services, Inc. – In this

air enforcement action concerning ten facilities located in Illinois, the Board

granted relief from the hearing requirement of Section 31(c)(1) of the Act (415

ILCS 5/31(c)(1) (1998)), accepted a final stipulation and settlement agreement,

ordered the respondent to pay a civil penalty of $25,000, and to cease and desist

from further violations.

7-0

A-E

PCB 00-32 People of the State of Illinois v. Village of Maryville and Osborn Homes, Inc. –

In this public water supply enforcement action concerning a facility located in

Madison County, Illinois, the Board granted relief from the hearing requirement

of Section 31(c)(1) of the Act (415 ILCS 5/31(c)(1) (1998)), accepted a final

stipulation and settlement agreement between the People and the Village of

Maryville, ordered the respondent to pay a civil penalty of $6,000, and to cease

and desist from further violations. This stipulation does not effect the still

pending complaint against Osborn Homes, Inc.

7-0

PWS-E

Motions and Other Matters

PCB 99-108

PCB 99-130

(Cons.)

Waste Professionals, Inc. d/b/a Pekin Landfill v. IEPA – The Board granted

petitioner’s motion for voluntary dismissal of these consolidated permit appeals

involving a Tazewell County facility.

7-0

P-A, Land

PCB 99-122 Central C&D Recycling, Inc. v. IEPA – The Board granted petitioner’s motion

for voluntary dismissal of this permit appeal involving a St. Clair County facility.

7-0

P-A, Land

PCB 00-86 People of the State of Illinois v. Rodgers Engineering Corporation – 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 facilities located in Kane and DuPage Counties, the Board ordered

publication of the required newspaper notice.

7-0

A-E

PCB 00-127 People of the State of Illinois v. Dayne Rogers and Black Gold International –

The Board granted complainant’s motion for summary judgment and ordered

respondent to reimburse the Illinois Environmental Protection Agency

$38,730.46 for corrective action costs. The Board ordered that a hearing shall be

held on whether, and in what amount, punitive damage will be imposed.

7-0

L-E, Tires

PCB 00-219 Stephen G. Brill v. Henry Latoria individually and d/b/a T.L. Trucking Foodliner

– The Board denied respondent’s motion for summary judgment and ordered this

matter to proceed to hearing.

7-0

A&N-E,

Citizens

PCB 01-36 George McKissick 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.

7-0

UST-FRD

PCB 01-37 City of Elgin 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 Cook County facility.

7-0

P-A

90-Day Ext.

PCB 01-38 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 01-39 Lannis Walters d/b/a Fat Boy Pizza (Get & Go) v. IEPA – The Board accepted

for hearing this underground storage tank appeal involving a Massac County

facility.

7-0

UST-FRD

PCB 01-54 Richard G. Cotterman v. Jackson Farms – The Board found that the City of

Virden’s motion to dismiss and complainant’s objection to the City of Virden’s

motion to dismiss were moot because the Board dismissed Virden from this

matter in its order dated October 19, 2000.

7-0

A&N-E,

Citizens

PCB 01-55 CC Landfill, Inc. v. The Coles County Board – The Board denied the Coles

County Environmental Force’s petition to intervene.

7-0

P-C-F-S-R

PCB 01-60 Anthony J. Schlax v. Evanston Hospital – The Board found that the alleged

violations of Sections 23 and 24 of the Act (415 ILCS 5/23, 24 (1998)) and 35

Ill. Adm. Code 900.102, 900.102(a), and 900.102(b) of the Board’s noise rules

were neither duplicitous nor frivolous. The Board accepted those allegations

involving a Cook County facility for hearing.

7-0

N-E, Citizens

PCB 01-66 People of the State of Illinois v. Camelot Enterprises, Inc., Stephen Einfeldt

individually and as president of Camelot Enterprises, Inc., Ivan Johnson

individually and as co-owner of Camelot Enterprises, Inc. – The Board accepted

for hearing this water enforcement action against this Kankakee County facility.

7-0

W-E

PCB 01-67 County of Jasper for the Jasper County Highway Department 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 Jasper County facility.

7-0

UST-FRD

90-Day Ext.

PCB 01-68 Roger Stone v. IEPA and Naperville Park District – The Board accepted for

hearing this permit appeal involving a DuPage County facility, granted

petitioner’s motion to waive application of 35 Ill. Adm. Code 105.102(b)(6), and

respondent’s motion for extension of time to respond to petitioner’s motion to

stay the effects of the permit, reserving ruling on the merits of the motion to stay.

7-0

P-A, NPDES

PCB 01-69 Terminal Railroad Association v. IEPA – The Board granted this request for a

90-day extension of time to file a permit appeal on behalf of this St. Clair County

PCB 01-70 Midwest Illinois Restaurant & Truck Plaza, Inc. v. IEPA – The Board accepted

for hearing this underground storage tank appeal involving a Bond County

facility.

7-0

UST-Appeal

PCB 01-71 Wareco Service, Inc. v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Vermilion County facility.

7-0

UST-FRD

PCB 01-72 Stepan Company v. IEPA – The Board granted this request for a 90-day

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

7-0

P-A, Air

90-Day Ext.

PCB 01-73 A.E. Staley Manufacturing Company v. IEPA – The Board accepted for hearing

this permit appeal involving a Macon County facility.

7-0

P-A, Air

PCB 01-74

Marathon Ashland Petroleum L.L.C. v. IEPA – The Board accepted for hearing

this request for variance involving a Crawford County facility.

7-0

W-V

PCB 01-75

People of the State of Illinois v. Craig Yallaly and Susan Yallaly d/b/a Courtesy

Cleaners – The Board accepted for hearing this air enforcement action against

this Coles County facility.