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

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Letter from the Chairman

December was a very busy month for the Board. During our December 21,

2000 Board meeting, we voted on an Informational Order on peaker power

plants, adopted the NOx Trading Program, and new procedural rules. All of

these actions are important to protecting Illinois’ environment.

In July, Governor George H. Ryan asked the Board to hold an inquiry hearing

into natural gas-fired, peak-load electrical power generating facilities (peaker

plants). During the hearing process more than 80 people testified before the

Board during seven days of hearings in Chicago, Naperville, Joliet, Grayslake,

and Springfield. In the Informational Order, the Board recommends that the

State tighten current environmental regulations concerning peaker plants to

ensure the protection of the environment. The Board’s recommendations

include:

∙

That the Illinois Environmental Protection Agency (Agency) initiate a rulemaking which would require

peaker plant permit applicants to conduct appropriate air modeling;

∙

That the Agency adopt a rule to require public hearings on air construction permit applications for all

peaker plants;

∙

That the Agency initiate a rulemaking with the Board which will more fully explore the appropriateness of

applying “Best Available Control Technologies” for reducing Nitrogen Oxides emissions from peaker

plants; and

∙

That a demonstration of compliance with State noise regulations be a part of the Agency’s permitting

process.

The Board also sets forth the concerns about local siting requirements that were identified during the hearings and

offers various solutions. A companion report to the Informational Order will be released sometime in January.

The NOx Trading Rule for Electrical Generating Units adopted by the Board in December is designed to reduce

NOx emissions by using market-based trading controls. The program is Illinois’ answer to an order of the United

States Environmental Protection Agency and the Clean Air Act Amendments of 1990 to reduce overall Nitrogen

Oxide emissions. The new rules will apply to emissions that occur from May 31 through September 30, 2004, and

between May 1 and September 30, 2005, and in each of the following years.

Beginning January 1, 2001, the Board will have new procedural rules. After many years of review, the Board

approved new procedural rules that govern how persons initiate and participate in all proceedings before the Board.

These rules were developed to more efficiently and effectively implement the Environmental Protection Act and

other laws and to make it easier for the public to participate in Board proceedings.

The peaker plant Informational Order, NOx Order, and Procedural Rules Order are on the Board’s Web site

www.ipcb.state.il.us. If you have any questions about these matters you may contact the Board’s public information

officer, Connie Newman, at (217) 782-7630 or newmanc@ipcb.state.il.us.

Sincerely,

Claire A. Manning, Chairman

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Environmental Register - December 2000

1

Inside This Issue:

FEDERAL UPDATE P. 1

RULE UPDATE P. 7

IEPA RESTRICTED STATUS LIST P. 12

IEPA CRITICAL REVIEW LIST P. 15

BOARD ACTIONS P. 17

NEW CASES P. 23

BOARD CALENDAR P. 25

Federal Update

United States Environmental Protection Agency Proposes National Emission Standards for Hazardous Air Pollutants:

Generic Maximum Achievable Control Technology

On December 6, 2000, USEPA proposed amendments to the “generic” maximum achievable control technology (MACT)

standards to add national emission standards for hazardous air pollutants (NESHAP) for four additional source categories:

cyanide chemicals manufacturing, carbon black production, ethylene production, and spandex production. 65 Fed. Reg.

76407.

The “generic” MACT standards provide a structural framework allowing source categories with similar emission types and

MACT control requirements to be covered under one subpart, thus promoting regulatory consistency in NESHAP

development. The USEPA has identified these four source categories as major sources of hazardous air pollutants (HAPs),

including cyanide compounds, acrylonitrile, acetonitrile, carbonyl sulfide, carbon disulfide, benzene, 1,3 butadiene, toluene,

and 2,4 toluene diisocyanate. The proposed standards will 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 reflecting the application of MACT.

Comments must be received by February 5, 2001. For further information contact Mark Morris at 919/541-5416; e-mail

address: morris.mark@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 New Source Performance Standards for New Small Municipal

Waste Combustion Units in Final Rule

On December 6, 2000, USEPA reestablished new source performance standards (NSPS) for new small municipal waste

combustion (MWC) units in a final rule. 65 Fed. Reg. 76349.

The NSPS for small MWC units contain stringent emission limits for organics (dioxins/furans), metals (cadmium, lead,

mercury, and particulate matter), and acid gases (hydrogen chloride, sulfur dioxide, and nitrogen oxides). The NSPS for small

MWC units were originally promulgated in December 1995, but were vacated by the United States Court of Appeals for the

District of Columbia Circuit in March 1997. In response to the 1997 vacature, on August 30, 1999, USEPA proposed to

reestablish NSPS for small MWC units. The NSPS contained in the final rule are equivalent to the 1995 NSPS for small

MWC units.

The final rule becomes effective June 6, 2001. For further information contact Rick Copland at 919/541-5265; e- mail address:

copland.rick@epa.gov.

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Environmental Register - December 2000

2

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

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

United States Environmental Protection Agency Adopts New Source Performance Standards (NSPS) for Existing Small

Municipal Waste Combustion Units in Final Rule

On December 6, 2000, the USEPA reestablished emission guidelines for existing small municipal waste combustion (MWC)

units. 65 Fed. Reg. 76377.

The emission guidelines contain stringent emission limits for organics (dioxins/furans), metals (cadmium, lead, mercury, and

particulate matter), and acid gases (hydrogen chloride, sulfur dioxide, and nitrogen oxides). Emission guidelines for small

MWC units were originally promulgated in December 1995, but were vacated by the U.S. Court of Appeals for the District of

Columbia Circuit in March 1997. In response to the 1997 vacature, on August 30, 1999, the USEPA proposed to reestablish

emission guidelines for small MWC units. The emission guidelines contained in this final rule are equivalent to the 1995

emission guidelines for small MWC units.

The final rule is effective February 5, 2001. For further information contact Rick Copland at 919/541-5265; e-mail address:

copland.rick@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, NSPS rules are applicable and enforceable under the Act without further action by the Board.

United States Environmental Protection Agency Adopts National Primary Drinking Water Regulations for

Radionuclides in Final Rule

On December 7, 2000, USEPA promulgated maximum contaminant level goals, maximum contaminant levels (MCLs), and

monitoring, reporting, and public notification requirements for radionuclides. 65 Fed. Reg. 76707. The final rule is only

applicable to community water systems.

The final rule includes requirements for uranium, which is not currently regulated, and revisions to the monitoring

requirements for combined radium-226 and radium-228, gross alpha particle radioactivity, and beta particle and photon

radioactivity. Based on an improved understanding of the risks associated with radionuclides in drinking water, the current

MCL for combined radium-226/-228 and the current MCL for gross alpha particle radioactivity are retained.

Based on the need for further evaluation of the various risk management issues associated with the MCL for beta particle and

photon radioactivity and the flexibility to review and modify standards under the Safe Drinking Water Act (SDWA) (42 U.S.C.

§§ 300f

et seq

. (1998)), the current MCL for beta particle and photon radioactivity are retained in the final rule, but will be

further reviewed in the near future.

The final rule becomes effective December 8, 2003. For further information contact David Huber at 202/260-9566.

The Board will include any necessary amendments in SDWA identical-in-substance rulemaking docket R01-20 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 Proposes National Emission Standards for Hazardous Air Pollutants

for Polyvinyl Chloride and Copolymers Production

On December 8, 2000, USEPA proposed national emission standards for hazardous air pollutants (NESHAP) for the polyvinyl

chloride (PVC) and copolymers production source category. 65 Fed. Reg. 76958.

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Environmental Register - December 2000

3

The proposed NESHAP require that PVC and copolymers production facilities, which already must comply with the existing

vinyl chloride NESHAP, continue to comply with that existing NESHAP. The proposed rule reflects USEPA's determination

that the hazardous air pollutants (HAP) control level resulting from compliance with the existing vinyl chloride NESHAP

already reflects the application of maximum achievable control technology and, thus, meets the requirements of Section 112(d)

of the Clean Air Act (42 U.S.C. §§ 7401

et seq

. (1998)) for PVC and copolymers production source category. USEPA has

determined that this source category includes facilities that are major sources of HAP, including vinyl chloride, vinylidene

chloride (1,1 dichloroethylene), and vinyl acetate.

Comments must be received by February 6, 2001. For further information contact Warren Johnson at 919/541-5124; e-mail

address: johnson.warren@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 Consolidated Federal Air Rule for the Synthetic Organic

Chemical Manufacturing Industry in Final Rule

On December 14, 2000, USEPA promulgated a consolidated federal air rule for the synthetic organic chemical manufacturing

industry (SOCMI). 65 Fed. Reg. 78267.

USEPA consolidated major portions of several new source performance standards (NSPS) and national emission standards for

hazardous air pollutants (NESHAP) applicable to storage vessels, process vents, transfer operations, and equipment leaks

within the SOCMI. The final rule pulls together applicable federal SOCMI rules into one integrated set of rules in order to

simplify, clarify, and improve implementation of the existing rules with which source owners or operators must comply. The

consolidated rule is an optional compliance alternative for SOCMI sources, which may simply continue to comply with

existing applicable rules or choose to comply with the final consolidated rule.

The final rule became effective December 14, 2000. For further information contact Rick Colyer at 919/541-5262; e-mail

address: colyer.rick@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, NSPS and NESHAP rules are applicable and enforceable under the Act without further action by the Board.

United States Environmental Protection Agency Adopts Toxic Substances Control Act Test Guidelines in Final Rule

On December 15, 2000, USEPA promulgated toxic substances control act test guidelines in a final rule. 65 Fed. Reg. 78745.

The final rule establishes 17 new Toxic Substances Control Act (TSCA) (15 U.S.C. §§ 2601

et seq

. (1998)) health effects test

guidelines in the Code of Federal Regulations.

Establishment of these guidelines provides a series of standardized test procedures and is necessary to ensure enforceable test

standards in test rules promulgated under Section 4 of TSCA. Codification of this series of TSCA test guidelines does not by

itself impose obligations upon any person. Obligations are only imposed when these guidelines are cross-referenced in a test

rule promulgated under Section 4 of TSCA. The TSCA test guidelines are based on the harmonized test guidelines in the

unified library for test guidelines issued by the Office of Prevention, Pesticides and Toxic Substances for use in testing

chemical substances to develop data for submission to USEPA under TSCA, the Federal Food, Drug, and Cosmetic Act (21

U.S.C. §§ 301

et seq

. (1998)), and the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. §§ 136

et seq

. (1998)).

The final rule became effective December 15, 2000. For further information contact Barbara Cunningham at 202/554-1404; e-

mail address: cunningham.barbara@epa.gov.

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Environmental Register - December 2000

4

United States Environmental Protection Agency Gives Notice of Acceptability and Makes Request for Information for

Significant New Alternatives Policy Program Under Clean Air Act in Final Rule

On December 18, 2000, USEPA gave notice of acceptability and made a request for information for significant new

alternatives policy (SNAP) program. 65 Fed. Reg. 78977.

USEPA expanded the list of acceptable substitutes for ozone-depleting substances under the SNAP program. Substitutes are

for the refrigeration and air conditioning, foams, non-aerosol solvent cleaning, and aerosol solvents and propellants sectors.

The final rule also requests information on the composition and safety of certain refrigerants for motor vehicle air conditioners;

the possible expansion of the SNAP program to include review of, and potentially to establish use conditions for, operations

that involve manual (hand) cleaning with solvents for precision, electronics, and metals cleaning; and the possible restriction of

non-aerosol solvent substitutes to equipment that meets the cleaning equipment standards in the national emission standards for

halogenated solvent cleaning. The final rule also updates the SNAP program’s review of n-propyl bromide for use as a

substitute for ozone-depleting solvents used in the non-aerosol solvents cleaning, aerosol solvents and propellants, and

adhesives, coatings and inks sectors.

The final rule became effective December 18, 2000. For further information contact Margaret Sheppard at 202/564-9163; e-

mail address: sheppard.margaret@epa.gov.

United States Environmental Protection Agency Adopts Effluent Limitations Guidelines, Pretreatment Standards, and

New Source Performance Standards for the Centralized Waste Treatment Point Source Category in Final Rule

On December 22, 2000, USEPA promulgated effluent limitations guidelines, pretreatment standards, and new source

performance standards for the centralized waste treatment point source category in a final rule. 65 Fed. Reg. 81241.

The final rule represents the culmination of USEPA’s effort to develop Clean Water Act (33 U.S.C. §§ 1251

et seq

. (1998))

effluent limitations guidelines and standards for wastewater discharges from the centralized waste treatment industry. The final

regulation generally applies to wastewater discharges associated with the operation of new and existing centralized waste

treatment facilities which accept hazardous or non-hazardous industrial wastes, wastewater, and used material from off-site for

treatment of the wastes or recovery of materials from the wastes.

USEPA expects compliance with this regulation to reduce the discharge of conventional pollutants by at least 9.7 million

pounds per year and toxic and non-conventional pollutants by at least 9.3 million pounds per year. USEPA estimates the

annual cost of the rule will be $35.1 million. USEPA estimates that the annual benefits of the rule will range from $2.56

million to $8.09 million. The final rule also amends USEPA’s guidelines establishing test procedures for the analysis of

pollutants (40 CFR Part 136) to add 10 semivolatile organic pollutants to Method 625 and 6 semivolatile organic pollutants to

Method 1625.

The final rule becomes effective January 22, 2001. For further information Jan Matuszko at 202/260-9126.

The Board will include any necessary amendments in wastewater pretreatment identical-in-substance rulemaking docket R01-

25 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 Proposes National Emission Standards for Hazardous Air Pollutants:

Surface Coating of Large Appliances

On December 22, 2000, USEPA proposed national emission standards for hazardous air pollutants (NESHAP) for large

appliance surface coating operations located at major sources of hazardous air pollutants (HAP).

65 Fed. Reg. 81133.

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Environmental Register - December 2000

5

The proposed standards would implement Section 112(d) of the Clean Air Act (CAA) (42 U.S.C. §§ 7401

et seq

. (1998)) by

requiring these operations to meet HAP emission standards reflecting the application of the maximum achievable control

technology. The HAP emitted by these operations include ethylbenzene, glycol ethers (including 2-butoxyethanol), hexane,

methylene chloride, 4,4

1

-methylene diphenyl diisocyanate, methyl ethyl ketone, methyl isobutyl ketone, toluene, and xylene.

Comments must be received by February 20, 2001. For further information contact Mohamed Serageldin at 919/541-5689; e-

mail address: serageldin.mohamed@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 Primary and Secondary Ambient Air Quality

Standards for Particulate Matter in Final Rule

On December 22, 2000, USEPA promulgated national primary and secondary ambient air quality standards (NAAQS) for

particulate matter in a final rule. 65 Fed. Reg. 80776.

USEPA took final action to remove requirements relative to the revised PM-10 NAAQS that USEPA issued in 1997, which

were intended to clarify the applicability of the PM-10 NAAQS issued in 1987 (the pre-existing PM-10 NAAQS). These

requirements were added at that time in anticipation of the transition to the implementation of the revised PM-10 NAAQS, and

set forth the criteria under which the pre-existing PM-10 NAAQS would cease to apply and the revised PM-10 NAAQS would

then become the solely applicable coarse particle standards. However, a recent ruling of the United States Court of Appeals

for the District of Columbia Circuit vacated the revised PM-10 NAAQS and, thus, removed the basis for these requirements.

The final rule ensures that the pre-existing PM-10 standards will continue to apply to all areas where they currently apply.

The final rule becomes effective January 22, 2001. For further information contact Gary Blais at 919/541-3223; e-mail

address: blais.gary@epa.gov.

The Board anticipates that the Illinois Environmental Protection Agency will 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 Adopts Significant New Uses of Certain Chemical Substances in Final

Rule Under Toxic Substances Control Act

On December 26, 2000, USEPA promulgated significant new use rules under Section 5(a)(2) of the Toxic Substances Control

Act (TSCA) (15 U.S.C. §§ 2601

et seq

. (1998)) for 40 chemical substances which were the subject of premanufacture notices

and subject to TSCA Section 5(e) consent orders issued by USEPA.

65 Fed. Reg. 81386.

The final rule requires persons who intend to manufacture, import, or process these substances for a significant new use to

notify USEPA at least 90 days before commencing the manufacturing or processing of the substance for a use designated by

this rule as a significant new use. The required notice will provide USEPA with the opportunity to evaluate the intended use,

and if necessary, to prohibit or limit that activity before it occurs to prevent any unreasonable risk of injury to human health or

the environment.

The final rule becomes effective February 26, 2001, unless USEPA receives adverse comment before January 25, 2001. For

further information contact Barbara Cunningham at 202/554-1404; e-mail address: TSCA-Hotline@epa.gov.

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Environmental Register - December 2000

6

United States Environmental Protection Agency Proposes Testing of Certain High Production Volume Chemicals, Data

Collection, and Development on High Production Volume Chemicals Under Toxic Substances Control Act

On December 26, 2000, USEPA proposed a test rule under Section 4(a)(1)(B) of the Toxic Substances Control Act (TSCA)

(15 U.S.C. §§ 2601

et seq

. (1998)), to require manufacturers (including importers) and processors of certain high production

volume chemical substances to conduct testing for acute toxicity, repeat dose toxicity, developmental and reproductive

toxicity, genetic toxicity, ecotoxicity, and environmental fate. 65 Fed. Reg. 81657.

USEPA has preliminarily determined that each of the 37 chemical substances included in the proposed rule is produced in

substantial quantities and that there is substantial human exposure to each of them. Moreover, USEPA believes that there is

insufficient data to reasonably determine or predict the effects on health or the environment of the manufacture, distribution in

commerce, processing, use, or disposal of the chemicals, or any combination of these activities. USEPA has concluded that

this proposed testing program is needed and appropriate for developing such data. Data developed under this proposed rule

will provide critical information about the environmental fate and potential hazards associated with these chemicals which,

when combined with information about exposure and uses, will allow USEPA and others to evaluate potential health and

environmental risks and take appropriate follow up action.

Comments must be received by April 25, 2001. For further information contact Barbara Cunningham at 202/554-1404; e-mail

address: TSCA-Hotline@epa.gov.

United States Environmental Protection Agency Defers Phase IV Standards for Polychlorinated Biphenyls as a

Constituent Subject to Treatment in Soil in Final Rule Under Resource Conservation and Recovery Act

On December 26, 2000, USEPA in a final rule deferred phase IV standards for polychlorinated biphenyls (PCB’s) as a

constituent subject to treatment in soil. 65 Fed. Reg. 81373.

USEPA is temporarily deferring a portion of the rule applying land disposal restrictions (LDR) under the Resource

Conservation and Recovery Act (RCRA) (42 U.S.C. §§ 6901

et seq

. (1998)) to constituents subject to treatment (CST) in soils

contaminated with certain characteristic hazardous wastes. USEPA promulgated this rule on May 26, 1998. Specifically,

USEPA is temporarily deferring the requirement that PCB’s be considered a CST when they are present in soils that exhibit the

toxicity characteristic for metals.

USEPA is taking this action because the regulation appears to be discouraging generators from cleaning up contaminated soils,

which is contrary to what USEPA intended when they promulgated alternative treatment standards for contaminated soils. In

addition, USEPA needs more time to restudy the issue of appropriate treatment standards for metal-contaminated soils which

also contain PCB’s as CST. USEPA still requires generators to treat these soils to meet LDR standards for all hazardous

constituents except PCB’s. Generators also are required to treat PCB’s if the total concentration of halogenated organic

compounds in the soil equals or exceeds 1000 parts per million.

The final rule became effective December 26, 2000. For further information contact Ernesto Brown at 703/308-8608; e-mail

address: brown.ernesto@epa.gov.

The Board will include any necessary amendments in RCRA identical-in-substance rulemaking docket R01-23 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 Proposes Effluent Limitations Guidelines, Pretreatment Standards,

and New Source Performance Standards for the Iron and Steel Manufacturing Point Source Category

On December 27, 2000, USEPA proposed effluent limitations guidelines and standards for wastewater discharges from iron

and steel facilities. 65 Fed. Reg. 81963.

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Environmental Register - December 2000

7

The proposed regulation revises technology- based effluent limitations guidelines and standards for wastewater discharges

associated with the operation of new and existing iron and steel facilities. This action covers sites that generate wastewater

while performing the following industrial activities: metallurgical cokemaking, ironmaking, integrated steelmaking, non-

integrated steelmaking, hot forming, steel finishing including electroplating, and other operations including direct iron

reduction, briquetting, and forging.

USEPA estimates that compliance with this regulation as proposed would reduce the discharge of priority and non-

conventional pollutants by at least 210 million pounds per year and would cost an estimated $56.5 million to $61.4 million on

an annual basis, with the range reflecting two options proposed for comment. In addition, USEPA expects that discharges of

conventional pollutants would be reduced, by at least 31.3 million pounds per year. USEPA has estimated that the annual

quantifiable benefits of the proposal would range from $1.1 million to $2.7 million.

Comments must be received by February 26, 2001. For further technical information contact George Jett at 202/260-7151.

For further economic information contact William Anderson at 202/260-5131.

The Board will include any necessary amendments in a future identical-in-substance pretreatment update rulemaking pursuant

to Sections 7.2 and 17.5 of the Environmental Protection Act (415 ILCS 5/7.2, 17.5 (1998)).

Rule Update

Board Adopts Identical in Substance Amendments in In the Matter of: UIC Update, USEPA Amendments (January 1,

2000 through June 30, 2000), R00-11, R01-1 (consolidated)

On December 7, 2000, the Board adopted amendments to the Illinois Regulations that are “identical in substance” to the

underground injection control (UIC) regulations that the USEPA adopted to implement Section 1421 of the federal Safe

Drinking Water Act (SDWA) (42 U.S.C. § 300h (1998)). The amendments include amendments that USEPA adopted during

the period from January 1, 2000 through June 30, 2000. Sections 7.2 and 13(c) of the Environmental Protection Act (Act)

(415 ILCS 5/7.2 and 13(c) (1998)) provide for quick adoption of regulations that are identical in substance to federal

regulations that USEPA adopts to implement Section 1421 of SDWA (42 U.S.C. § 300h (1998)). Section 13(c) 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. The federal UIC regulations are found at 40 C.F.R. §§ 144 through

148.

In this action, the Board determined that it was necessary to consolidate two separate dockets and expedite consideration of

certain later amendments. The proposal was published in the

Illinois Register

on October 6, 2000 (24 Ill. Reg. 14528), and the

public comment period expired on November 20, 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 Identical in Substance Amendments in In the Matter of: RCRA Subtitle C Hazardous Waste Update,

USEPA Amendments (January 1, 2000 through June 30, 2000), R01-3

On December 7, 2000, the Board adopted amendments to the Illinois regulations that are “identical in substance” to hazardous

waste regulations that USEPA adopted to implement Subtitle C of the federal Resource Conservation and Recovery Act of

1976 (RCRA Subtitle C) (42 U.S.C. §§ 6921

et seq

. (1998)). The amendments include amendments that USEPA adopted

during the period from January 1, 2000 through June 30, 2000. USEPA amended the federal RCRA Subtitle C regulations on

five occasions during the period January 1, 2000 through June 30, 2000.

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Environmental Register - December 2000

8

Sections 7.2 and 22.4(a) of the Environmental Protection Act (Act) (415 ILCS 5/7.2 and 22.4(a) (1998)) provide for quick

adoption of regulations that are identical in substance to federal regulations that USEPA adopts to implement Sections 3001

through 3005 of RCRA (42 U.S.C. §§ 6921-6925 (1998)). Section 22.4(a) 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 was published in the

Illinois Register

on October 13, 2000 (24 Ill. Reg. 14945), and the public comment period

expired on November 27, 2000.

For additional information contact: Michael McCambridge at 312/814-6924; e-mail: mccambm@ipcb.state.il.us.

Board Adopts Amendments in In the Matter of: Enhanced Vehicle Inspection and Maintenance (I/M) Regulations:

Amendments to 35 Ill. Adm. Code 240, R01-12

On December 7, 2000, the Board adopted amendments to 35 Ill. Adm. Code 240. On August 21, 2000, the Illinois

Environmental Protection Agency (Agency) filed with the Board proposed amendments to the enhanced vehicle inspection and

maintenance (I/M) regulations at 35 Ill. Adm. Code 240. The Agency’s proposal was filed under Section 13B-20(a) of the

Vehicle Emissions Law of 1995 (Vehicle Emissions Law) (625 ILCS 5/13B-1

et seq.

(1998)). The Vehicle Emissions Law

provides that 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)) “shall not apply to rules adopted by the Board

under this subsection.” 625 ILCS 5/13B-20(a) (1998). Additionally, Section 13B-20(a) requires the Board to adopt rules

within 120 days after it receives the Agency’s proposal, that is, on or before December 19, 2000.

On August 24, 2000, the Board accepted the proposal for hearing and directed the proposal be filed for publication in the

Illinois Register

as a proposal for public comment. The proposal for public comment appeared in the

Illinois Register

on

September 15, 2000 (24 Ill. Reg. 13820).

The Board held two public hearings in this matter. The first hearing was held October 11, 2000, in Chicago, and the second

hearing was held October 20, 2000, in Collinsville, Illinois. At both hearings the Agency offered testimony in support of its

proposal. On November 9, 2000, the Agency filed public comments. The Board received no other testimony or public

comments.

Sections 182(b) and (c) of the federal Clean Air Act (CAA) (42 U.S.C §§ 7582(b), (c) (1998)), require states to implement

vehicle 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 in areas with a population of

200,000 or more. The CAA also requires states to submit, for the approval of USEPA, revisions to their State Implementation

Plans (SIPs) 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 proposed, and the Board adopted, 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 adopted rules are

relatively minor adjustments to the enhanced I/M program, necessary to enable Illinois to meet federal and State mandated

enhanced emissions testing requirements.

Please direct any questions regarding this rulemaking to Richard McGill at 312/814-6983; e-mail address:

mcgillr@ipcb.state.il.us.

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Environmental Register - December 2000

9

The Board Authorizes Third Hearing in In the Matter of: Revisions to Antidegradation Rules: 35 Ill. Adm. Code 302.105,

303.205, 303.206, and 106.990-106.995, R01-13

On December 7, 2000, the Board authorized a third hearing in this matter. On November 29, 2000, the Board received a

motion filed by the Illinois Environmental Regulatory Group requesting a third hearing. The Board did not receive any written

responses. However, at hearing on December 6, 2000, oral responses were placed on the record. Based on the motion and the

oral responses, the Board agreed that a third hearing was warranted and the Board granted the motion. The hearing is

scheduled for February 6, 2001, at 9:30 a.m. at the James R. Thompson Center, 100 W. Randolph Street, Room 9-040,

Chicago, Illinois.

For additional information contact: Marie Tipsord at 312/814-4925; e-mail: tipsordm@ipcb.state.il.us.

Board Adopts Amendments in In the Matter of: Proposed Amendments to Tiered Approach to Corrective Action

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

On December 21, 2000, the Board adopted amendments to the Tiered Approach to Corrective Action Objectives (TACO) rules

found at 35 Ill. Adm. Code 742 of the Board’s land regulations. On May 15, 2000, the Illinois Environmental Protection

Agency (Agency) submitted proposed amendments to TACO under Sections 27 and 28 of the Environmental Protection Act

(Act) (415 ILCS 5/27, 28 (1998)).

The Board moved the Agency’s proposal to first notice on July 27, 2000. In doing so, the Board divided the proposal into two

subdockets based upon subject matter. Most of the amendments proposed in Subdocket A are required by Public Act 91-909,

which was signed and became effective July 7, 2000. Among other things, it creates a new institutional control, known as the

Environmental Land Use Control or “ELUC” for use under the TACO regulations. Public Act 91-909 requires regulations to

be adopted implementing the ELUC by no later than January 6, 2001.

The Board held public hearings in Chicago, on August 25 and September 21, 2000, and in Springfield on September 11, 2000.

The Board accepted public comments through October 23, 2000. On November 16, 2000, the Board adopted its second notice

opinion and order, and sent it to the Joint Committee on Administrative Rules (JCAR) for its consideration. JCAR considered

the proposed rule at its December 12, 2000 meeting and voted a procedural objection to the Board’s inclusion of Appendix A,

Table G in Subdocket A. The Board acknowledged the objection and respectfully disagreed with JCAR’s conclusion.

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

Board Adopts Amendments in In the Matter of: Revision of the Board’s Procedural Rules: 35 Ill. Adm. Code 101-130,

R00-20

On December 21, 2000, the Board adopted amendments to the procedural rules that 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.

The Board proposed these rules for first notice on March 16, 2000, and the rules were published in the

Illinois Register

on

March 31, 2000 (24 Ill. Reg. 5173).

The Board held three public hearings on the first notice rules: April 11, May 4, and July 10, 2000. The Board posted the

transcripts of those hearings on its Web site.

In this proceeding, for the first time, the Board established a public comment

page on its Web site, where the Board posted comments.

The Board filed the proposed rules, as modified at second notice, with the Joint Committee on Administrative Rules (JCAR).

JCAR considered the rules at its December 12, 2000 meeting and issued a certificate of no objection. The final rules reflect

minor, non-substantive modifications that JCAR requested.

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Environmental Register - December 2000

10

The procedural rules become effective January 1, 2001 and 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).

For additional information contact: Carol Sudman at 217/524-8509; e-mail: sudmanc@ipcb.state.il.us.

Board Adopts Amendments in In the Matter of: Proposed New 35 Ill. Adm. Code 217, Subpart W, the NOx Trading

Program for Electrical Generating Units, and Amendments to 35 Ill. Adm. Code 211 and 217, R01-9

On December 21, 2000, the Board adopted 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. The Illinois Environmental Protection Agency

(Agency) filed a proposal in this matter with the Board on July 11, 2000. The filing was pursuant to Section 28.5 of the

Environmental Protection Act (Act) (415 ILCS 5/28.5 (1998)), which provides for “fast-track” adoption of certain regulations

necessary for compliance with the Clean Air Act Amendments of 1990 (42 U.S.C. §§ 7401

et seq

. (1990)).

The Board moved the Agency’s proposal to first notice on July 13, 2000. First-notice publication occurred in the

Illinois

Register

on August 4, 2000 (24 Ill. Reg. 11473).

The Board held public hearings in Springfield, on August 28 and 29, 2000, and in Chicago, on September 26, 2000. The

record in this matter closed on October 13, 2000, as provided for by Section 28.5(l) of the Act. On November 16, 2000, the

Board adopted its second notice opinion and order, and sent this matter to the Joint Committee on Administrative Rules

(JCAR) for its consideration. On December 12, 2000, JCAR voted a certificate of no objection.

This is the first of three Agency regulatory proposals in response to USEPA’s NOx SIP. See also Proposed New 35 Ill. Adm.

Code 217.Subpart T, Cement Kilns, and Amendments to 35 Ill. Adm. Code 211 and 217, R01-11.

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

Board Issues Informational Order in In the Matter of: Natural Gas-Fired, Peak-Load Electrical Power Generating

Facilities (Peaker Plants), R01-10

On December 21, 2000, the Board issued an Informational Order in response to a July 6, 2000 request from Governor Ryan for

the Board to conduct inquiry hearings concerning the potential environmental impact of natural gas-fired, peak-load electrical

power generating facilities, known as peaker plants. Governor Ryan asked the Board to address in writing whether any further

requirements should be imposed on peaker plants to safeguard the environment.

The Board completed its inquiry hearings and issued the Informational Order. Based on the record of the proceedings, the Board

made several recommendations to tighten environmental regulations with respect to peaker plants:

∙

That the Illinois Environmental Protection Agency (Agency) initiate a rulemaking which would require peaker plant

permit applicants to conduct appropriate air modeling;

∙

That the Agency adopt a rule to require public hearings on air construction permit applications for all peaker plants;

∙

That the Agency initiate a rulemaking with the Board which will more fully explore the appropriateness of applying

“Best Available Control Technologies” for reducing Nitrogen Oxides emissions from peaker plants; and

∙

That a demonstration of compliance with State noise regulations be a part of the Agency’s permitting process.

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Environmental Register - December 2000

11

The Informational Order has a companion report that the Board will issue in January 2001. It will provide a detailed summary of

the information contained in the record of these proceedings. Both the Informational Order and the companion report are available

on the Board’s Web site at http://www.ipcb.state.il.us; or by calling the Board’s Chicago office (312/814-3620) or Springfield

office (217/524-8500).

Board Adopts Second 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 for first notice publication in the

Illinois Register

new rules to be codified at 35 Ill.

Adm. Code 215.Subpart T as well as amendments to existing 35 Ill. Adm. Code 211 and 217. On August 21, 2000, the Illinois

Environmental Protection Agency (Agency) filed a proposal to amend 35 Ill. Adm. Code 211 and 217 of Illinois’ air

regulations. On December 21, 2000, the Board proposed the rules for second notice review by the Joint Committee on

Administrative Rules.

The Illinois Environmental Protection Agency (Agency) proposed that the Board add a new Subpart T to Part 217 and make

various conforming amendments to Parts 211 and 217. The Board held public hearings in Chicago, on October 3, and in

Springfield, on November 3, 2000. 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 federal Clean Air Act. The record in this matter closed on November 23, 2000,

as provided for by Section 28.5(l) of the Act. The only comments the Board received were filed by the Agency.

This is the second of three Agency regulatory proposals in response to USEPA’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.

Please direct any questions regarding this rulemaking to Joel Sternstein at 312/814-3665; e-mail address:

sternstj@ipcb.state.il.us.

Board Adopts First Notice Proposal in In the Matter of: Livestock Waste Regulations (35 Ill. Adm. Code 506), R01-18

On December 21, 2000, the Board proposed rules to amend the livestock waste regulations at 35 Ill. Adm. Code 506. The

Department of Agriculture’s (Department) proposal was submitted to the Board on December 4, 2000. The Department

explained that the proposed amendments will repeal provisions of Part 506 that will be superseded by the livestock

management facility regulations promulgated by the Department at 8 Ill. Adm. Code 900, effective January 1, 2001. This

rulemaking is designed to eliminate Board rules that duplicate those adopted by the Department. In an effort to expedite this

rulemaking, the Board adopted its first notice order without commenting on the merits of the Department’s proposal.

The Department requested that the Board adopt its proposal as emergency rules. The Board determined emergency rules are

not justified in the present case.

The hearing officer will be scheduling at least two hearings concerning this proposal.

Please direct any questions regarding this rulemaking to Carol Sudman at 217/524-8509; e-mail address:

sudmanc@ipcb.state.il.us.

Board Accepts for Hearing Illinois Environmental Protection Agency Proposal in In the Matter of: Amendments to

Regulation of Petroleum Leaking Underground Storage Tanks: 35 Ill. Adm. Code 732,

R01-26

On December 6, 2000, the Illinois Environmental Protection Agency filed a rulemaking proposal pursuant to Section 57.14 of

the Environmental Protection Act (Act) (415 ILCS 5/57.14 (1998)) and 35 Ill. Adm. Code 102.121(b) of the Board’s

procedural rules. The proposed rule would clarify and refine certain provisions of the Board’s underground storage tank rules.

The proposal would also add the contaminant methyl tertiary-butyl ether as an indicator contaminant in gasoline.

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Environmental Register - December 2000

12

By its order of December 21, 2000, the Board found that the proposal meets the minimum requirements of 35 Ill. Adm. Code

102.160(a) and accordingly accepted the proposal for hearing. The hearing officer will be scheduling at least two hearings

concerning this proposal.

Please direct any questions regarding this rulemaking to Joel Sternstein at 312/814-3665; e-mail address:

sternstj@ipcb.state.il.us.

IEPA Restricted Status List

Illinois Environmental Protection Agency

Division of Public Water Supplies

Restricted Status List -- Public Water Supplies

The Restricted Status List was developed to give additional notification to officials of public water supplies which are in

violation of 35 Ill. Adm. Code, Subtitle F: Public Water Supplies, Chapter I or the Illinois Environmental Protection Act.

The Restricted Status List will include all Public Water Supplies for which the Agency has information indicating a violation of

any of the following requirements: Finished water quality requirements of 35 Ill. Adm. Code, Part 604, Subparts B and C;

maintenance of adequate pressure on all parts of the distribution system under all conditions of demand; meeting raw water

quantity requirements of 35 Ill. Adm. Code 604.502; or maintenance of treatment facilities capable of providing water

"assuredly adequate in quantity" as required by Section 18 of the Illinois Environmental Protection Act.

A public water supply on the Restricted Status List will not be issued permits for water main extensions, except for certain

limited situations, or unless the supply has been granted a variance from the Illinois Pollution Control Board for the violation,

or from permit issuance requirements of Section 39 of the Act. This list is continually being revised as new information

becomes available, and therefore, specific inquiries as to the status of any public water supply should be directed to the

Division of Public Water Supplies for final determination. This list reflects the status as of January 2001.

* Indicates public water supplies that have been added to the list since the previous publication.

Name of Public Water Supply/ EPA Nature of Pop. Listing

County/Facility# Rgn

Problem

Served

Date

Bryant (Fulton Co - 0570200) 5 Adjusted Gross Alpha 310 03/15/98

Buckingham (Kankakee Co - 0910250) 2 Inadequate Pres Tank 330 03/17/89

Campus (Livingston Co - 1050050) 4 Inadequate Pres Tank 230 03/20/81

Carroll Hts Utl Cmpny (Carroll Co - 0155200) 1 Inadequate Pres Tank 80 03/20/81

Century Pines Apts (Carroll Co - 0150020) 1 Inadequate Pres Tank 50 12/14/90

Claremont Hls Sbdv (McHenry Co - 1115080) 2 Inadequate Pres Tank 330 03/15/96

Clearview Sbdv (Will Co - 1975360) 2 Inadequate Pres Tank 420 01/13/82

Community Srvc Corp (McHenry Co - 1115350) 2 Inadequate Pres Tank 750 09/16/83

Coyne Cntr Coop (Rock Island Co - 1615150) 1 Inadequate Pres Tank 150 12/15/97

Cropsey Cmnty Wtr (McLean Co - 1135150) 4 Inadequate Pres Tank 60 03/20/81

Crystal Clear Wtr Cmpny (McHenry Co - 1115150) 2 Inadequate Pres Tank 900 09/16/88

Crystal Hts Assn (McHenry Co - 1115100) 2 Inadequate Pres Tank 93 06/17/96

D and R Apts (Champaign Co - 0190030) 4 Inadequate Pres Tank 26 09/16/93

Deering Oaks Sbdv (McHenry Co - 1115200) 2 Inadequate Pres Tank 60 12/17/82

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Environmental Register - December 2000

13

DeKalb Univ Dvl Corp (DeKalb Co - 0375148) 1 Inadequate Pres Tank 950 12/16/92

DeWitt Cnty NH (DeWitt Co - 0395129) 4 Inadequate Pres Tank 80 06/17/83

DL Well Owners Assn (Lake Co - 0975380) 2 Inadequate Pres Tank 125 03/18/83

Dover (Bureau Co - 0110350) 1 Inadequate Pres Tank 200 05/25/81

East Moreland Wtr Assn (Will Co - 1975600) 2 Inadequate Pres Tank 753 03/20/81

East Moreland Wtr Corp (Will Co - 1975640) 2 Inadequate Pres Tank 135 03/15/96

Edelstein (Peoria Co - 1435150) 5 Adjusted Gross Alpha 125 03/15/98

Edgington Water District (Rock Island Co-1615550) 1 Inadequate Pres Tank 470 03/20/81

Elm Oak Mutual Wtr Syst (Lake Co - 0975736) 2 Inadequate Pres Tank 45 06/13/86

Emmett Utl Inc (McDonough Co - 1095200) 5 Inadequate Pres Tank 39 12/17/82

Evergreen Vlg Sbdv (Rock Island Co - 1615310 1 Inadequate Pres Tank 250 03/20/81

Fahnstock Court Sbdv (Peoria Co - 1435200) 5 Inadequate Pres Tank 30 05/25/81

Fair Acres Sbdv (Will Co - 1975680) 2 Inadequate Pres Tank 185 10/19/81

Forest Lake Addn (Lake Co - 0975500) 2 Inadequate Pres Tank 180 12/16/83

Frwrd-Skyline Cpy (Kane Co - 0895030) 2 Inadequate Pres Tank 1,300 09/19/86

Garden Street Imprv Assn (Will Co - 1975376) 2 Inadequate Pres Tank 62 09/15/89

Glasford (Peoria Co - 1430350) 5 Adjusted Gross Alpha 1,115 12/15/97

Glenkirk Campus North (Lake Co - 0977189) 2 Inadequate Pres Tank 64 06/15/88

Glenkirk Campus South (Lake Co - 0977199) 2 Inadequate Pres Tank 36 06/15/88

Good Shepherd Mnr (Kankakee Co - 0915189) 2 Inadequate Pres Tank 140 03/17/89

Great Oaks&Beacon Hls Apts (Winnebago Co-2015488) 1 Inadequate Pres Tank 943 12/17/82

Greenwood Outback (LaSalle Co - 0990080) 1 Inadequate Pres Tank 12/15/98

Hawthorn Woods (Lake Co - 0970450) 2 Inadequate Pres Tank 800 03/15/95

Heatherfield Sbdv (Grundy Co - 0635150) 2 Inadequate Pres Tank 91 09/17/82

Highland Sbdv (Kane Co - 0895530) 2 Inadequate Pres Tank 50 09/16/83

Hillview Sbdv (Will Co - 1975800) 2 Inadequate Pres Tank 99 03/15/85

Holy Family Villa (Cook Co - 0310280) 2 Inadequate Pres Tank 200 09/15/99

Huntley Cmnty Sbdv (Will Co - 1975840) 2 Inadequate Pres Tank 48 03/16/84

Ingalls Pk Sbdv (Will Co - 1975880) 2 Inadequate Pres Tank 690 09/16/83

Knoxville (Knox Co - 0950300) 5 Adjusted Gross Alpha 3,243 03/15/98

Lake Lynwood Wtr Sys (Henry Co - 0735330) 1 Inadequate Pres Tank 98 08/31/81

Lakeview Hills Wtr Supply Cp(Whiteside Co - 1955150) 1 Inadequate Pres Tank 146 03/20/81

Larchmont Sbdv (Winnebago Co - 2015290) 1 Inadequate Pres Tank 106 06/17/83

Larson Court Rentals (Rock Island Co - 1615728) 1 Inadequate Pres Tank 48 01/14/82

Legend Lakes Wtr Assn (Winnebago Co - 2015300) 1 Inadequate Pres Tank 225 03/14/91

Liberty Park Homeowners Assn (DuPage Co - 0435600) 2 Inadequate Pres Tank 1,092 09/17/92

Lindenwood Wtr Assn (Ogle Co - 1415300) 1 Inadequate Pres Tank 50 01/13/82

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Environmental Register - December 2000

14

Lisbon North Inc (Grundy Co - 0631000) 2 Inadequate Pres Tank 30 09/14/90

Little Swan Lake Sndst (Warren Co - 1875050) 5 Inadequate Pres Tank 250 03/15/98

London Mills (Fulton Co - 0574620) 5 Inadequate Pres Tank 670 12/14/84

Lynn Cntr (Henry Co - 0735100) 1 Inadequate Pres Tank 147 03/15/95

Lynnwood Water Corp (LaSalle Co - 0995336) 1 Inadequate Pres Tank 114 03/18/83

M C L W Sys Inc (Mercer Co - 1315150) 1 Inadequate Source 100 03/20/81

Maple Leaf Ests Wtr Corp (Monroe Co - 1335100) 6 Inadequate Pres Tank 39 03/20/81

Mapleton (Peoria Co - 1430500) 5 Adjusted Gross Alpha 350 03/15/98

Mayfair Sbdv (Tazewell Co - 1795750) 5 Inadequate Pres Tank 150 03/16/90

Mound PWD (St Clair Co - 1635050) 6 Inadequate Plant Capacity 1,800 06/17/96

Northwest Belmont Imprv Assn (DuPage Co - 0435900) 2 Inadequate Pres Tank 115 09/29/81

Oak Ridge Sndst (Woodford Co - 2035300) 1 Inadequate Pres Tank 240 03/20/81

Oakview Avenue Wtrwks Inc (Will Co - 1977210) 2 Inadequate Pres Tank 350 03/20/81

Olivet Nazarene College (Kankakee Co - 0915279) 2 Inadequate Pres Tank 1,450 03/15/94

Opheim PWS (Henry Co - 0735150) 1 Inadequate Pres Tank 150 06/18/82

Osco Mutual Wtr Supply Cpy Inc (Henry Co-0735200) 1 Inadequate Pres Tank 115 12/15/89

Park Road Wtr Assn (Will Co - 1977330) 2 Inadequate Pres Tank 60 12/17/82

Park View Wtr Corp (Kane Co - 0895500) 2 Inadequate Pres Tank 150 12/17/82

Patoka (Marion Co - 1210400) 6 Inadequate Plant Capacity 731 03/15/97

Polo Dr & Saddle Rd Sbdv (DuPage Co - 0437000) 2 Inadequate Pres Tank 95 12/17/82

Ports of Sullivan Lake Assn (Lake co - 0971160) 2 Inadequate Pres Tank 638 06/15/99

Prairie Ridge Assn (McHenry Co - 1115730) 2 Inadequate Pres Tank 140 03/16/90

Princeville (Peoria Co - 1430750) 5 Adjusted Gross Alpha 1,815 12/15/97

Ridgecrest North Sbdv (Grundy Co - 0635250) 2 Inadequate Pres Tank 85 09/16/93

Ridgewood Ledges Wtr Assoc(Rock Island Co-1615670) 1 Inadequate Pres Tank 475 03/20/81

Ridgewood Sbdv (Will Co - 1977650) 2 Inadequate Pres Tank 315 06/18/82

Sbdv Wtr Trust No 1 (Kane Co - 0895300) 2 Inadequate Pres Tank 1,120 03/20/81

Shawnita Trc Wtr Assn (Will Co - 1977690) 2 Inadequate Pres Tank 125 09/17/92

Skyview Estates (Kankakee Co - 0915526) 2 Inadequate Pres Tank 65 09/14/84

Sorento (Bond Co - 0050300) 6 Trihalomethane 750 09/16/96

St Charles Cmsn Wlfnd 3 (DuPage Co - 0437040) 2 Inadequate Pres Tank 30 12/15/89

Sturm Sbdv (Lake Co - 0977010) 2 Inadequate Pres Tank 63 03/16/84

Suburban Heights Sbdv (Rock Island Co - 1615800) 1 Inadequate Pres Tank 114 12/16/83

Summit Homeowners Assn (Lake Co - 0975280) 2 Inadequate Pres Tank 48 03/16/84

Sunny Hill Ests Sbdv (Henry Co - 0735300) 1 Inadequate Pres Tank 525 06/15/00

Sunnyland Sbdv (Will Co - 1977730) 2 Inadequate Pres Tank 350 09/16/83

Swedona Wtr Assn (Mercer Co - 1315200) 1 Inadequate Pres Tank 100 06/15/90

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Environmental Register - December 2000

15

Sylvan Lake 1st Sbdv (Lake Co - 0977100) 2 Inadequate Pres Tank 210 06/14/91

Toulon (Stark Co - 1750150) 1 Adjusted Gross Alpha 1,400 12/12/99

Towners Sbdv (Lake Co - 0977250) 2 Inadequate Pres Tank 238 01/14/82

Trivoli PWD (Peoria Co - 1435510) 5 Inadequate Pres Tank 350 06/17/83

Turkey Hollow Well Corp (Rock Island Co - 1615686) 1 Inadequate Pres Tank 32 06/18/82

Utl Inc Lake Holiday (LaSalle Co - 0995200) 1 Inad Source & Treat Plt 4,908 09/15/98

Utl Inc Northern Hls Utl Co(Stephenson Co-1775050) 1 Inadequate Pres Tank 290 03/15/96

Utl Inc Walk-Up Woods Wtr Co(McHenry Co - 1115800) 2 Inadequate Pres Tank 763 12/17/82

Wermes Sbdv (Kane Co - 0895750) 2 Inadequate Pres Tank 150 12/16/88

West Salem (Edwards Co - 0470200) 7 Inadequte Treatment Plant 1,058 03/15/99

West Shore Park Sbdv (Lake Co - 0977370) 2 Inadequate Pres Tank 450 06/15/00

West Shoreland Sbdv (Lake Co - 0977050) 2 Inadequate Pres Tank 220 06/14/91

Westfield (Clark Co - 0230200) 4 Inadequate Water Source 700 06/15/93

Wienen Estates (Jo Daviess Co - 0850030) 1 Inadequate Pres Tank 70 12/15/97

Wonder Lake Wtr Cmpny (McHenry Co - 1115750) 2 Inadequate Pres Tank 1,161 06/16/94

Woodland Hts Ests Sbdv (Peoria Co - 1435760) 5 Inadequate Pres Tank 245 03/20/81

Woodsmoke Ranch Assn (LaSalle Co - 0990030) 1 Inadequate Pres Tank 350 06/15/90

York Cntr Coop (DuPage Co - 0437550) 2 Inadequate Pres Tank 240 06/15/88

2nd Street Wtr Assn (Lake Co - 0971140) 2 Inadequate Pres Tank 33 12/15/95

PUBLIC WATER SUPPLIES REMOVED FROM PREVIOUS LIST

114 Towncrest Dr Apts (Will County - 1970120)

Echo Lake Wtr Sys Block 7 (Lake Co - 0975820)

Hettick (Macoupin Co - 1170500)

New Hope Wtrwks Corp (Wayne Co - 1915100)

Staunton Res Rd Wtr (Macoupin Co - 1175250)

IEPA Critical Review List

Illinois Environmental Protection Agency

Division of Public Water Supplies

Critical Review List -- Public Water Supplies

The Critical Review List was developed to give additional notification to officials of public water supplies which may be close

to being in violation of 35 Ill. Adm. Code, Subtitle F: Public Water Supplies, Chapter I or the Illinois Environmental

Protection Act.

A supply will be placed on the Critical Review List when Agency records indicate that it is approaching any of the violations

that would place it on the Restricted Status List.

This list is continually being revised as new information becomes available, and therefore, specific inquiries as to the status of

any public water supply should be directed to the Division of Public Water Supplies for final determination. This list reflects

the status as of January 2001.

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Environmental Register - December 2000

16

* Indicates public water supplies which have been added to the list since the previous publication.

Name of Public Water Supply/ EPA Nature of Pop. Listing

County/Facility# Rgn

Problem

Served

Date

Bluford (Jefferson Co - 0810100) 7 Low System Pressure 465 03/20/81

Browning (Schuyler Co - 1690050) 5 Inadequate Source 495 03/15/98

Clayton Camp Point Wtr Cmsn (Adams Co - 0015200) 5 Inad Pumping Capacity 1,200 09/15/98

Clinton (DeWitt Co - 0390050) 4 Inad Plant Capacity 7,437 06/14/91

Columbia (Monroe Co - 1330050) 6 Inad Pumping Capacity 5,893 03/15/98

DePue (Bureau Co - 0110300) 1 Inad Treatment Plant 1,930 12/15/93

Elizabeth (Jo Daviess Co - 0850150) 1 Low System Pressure 700 06/15/99

Evansville (Randolph Co - 1570250) 6 Low System Pressure 1,838 05/25/81

Galena (Jo Daviess Co - 0850200) 1 Low System Pressure 3,790 06/15/99

Georgetown (Vermilion Co - 1830350) 4 Inadequate Water Plant 3,678 06/15/93

Highland Hills Sndst (DuPage Co - 0435560) 2 Inadequate Pres Tank 1,100 09/17/92

Joy (Mercer Co - 1310100) 1 Low System Pressure 495 06/15/99

Kincaid (Christian Co - 0210250) 5 Plant Capacity 2,640 06/14/85

LaMoille (Bureau Co - 0110500) 5 Inadequate Plant Capacity 750 06/15/99

Lee (Lee Co - 1034600) 1 Inadequate Pres Tank 350 03/15/98

Mathersville (Mercer Co - 1310200) 1 Low System Pressure 793 09/13/00

McHenry Shores Wtr Cmpny (McHenry Co - 1115020) 2 Low System Pressure 1,170 09/17/92

Mechanicsburg Buffalo Wtr (Sangamon Co - 1675150) 5 Inadequate Source 1,030 03/15/98

Pheasant Knolls Sbdv (Lake Co - 0970290) 2 Inadequate Pres Tank 130 09/15/98

Scales Mound (Jo Daviess Co - 0850400) 1 Low System Pressure 400 09/15/97

Seneca (LaSalle Co - 0991050) 1 Inadequate Plant Capacity 1,937 06/15/99

South Highway PWD (Jackson Co - 0775400) 7 Low System Pressure 8,189 06/15/92

Stockton (Jo Daviess Co - 0850450) 1 Low System Pressure 1,900 06/15/84

Sumner (Lawrence Co - 1010300) 7 Low System Pressure 1,553 12/13/85

Tower Ridge Sbdv (Rock Island Co - 1615780) 1 Inadequate Pres Tank 70 03/15/94

Utl Inc Lake Marian Wtr Corp (Kane Co - 0895200) 2 Low Sys Pres & 800 09/14/84

Inad Pres Storage

Walnut Hill (Marion Co - 1210600) 6 Low System Pressure 1,200 06/14/85

Wonder Lake Wtr Cmpny (McHenry Co - 1115750) 2 Inadequate Storage 1,080 12/14/90

PUBLIC WATER SUPPLIES REMOVED FROM PREVIOUS LIST

None

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Environmental Register - December 2000

17

Board Actions

December 7, 2000

Springfield, Illinois

Rulemakings

R00-11

R01-1

(Cons.)

In the Matter of: UIC Update, USEPA Amendments (July 1, 1999 through

December 31, 1999) and In the Matter of: UIC Update, USEPA Amendments

(January 1, 2000 through June 30, 2000) – The Board adopted a final opinion

and order in this consolidated “identical-in-substance” rulemaking to amend the

Board’s underground injection control regulations.

7-0

R, Land

R01-3 In the Matter of: RCRA Subtitle C Update, USEPA Amendments (January

1,2000 through June 30, 2000) – The Board adopted a final opinion and order in

this “identical-in-substance” rulemaking to amend the Board’s hazardous waste

regulations.

7-0

R, Land

R01-12 In the Matter of: Enhanced Vehicle Inspection and Maintenance (I/M)

Regulations: Amendments to 35 Ill. Adm. Code Part 240 – The Board adopted a

final opinion and order to amend the Board’s air pollution control regulations as

proposed under the Vehicle Code.

7-0

R, Air

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 – The Board granted the

Illinois Environmental Regulatory Group’s motion for a third hearing.

7-0

R, Water

Adjusted Standards

AS 96-9

In the Matter of: Petition of

Midwest Generation, LLC

(formerly petition of

Commonwealth Edison Company) for an Adjusted Standard from 35 Ill. Adm.

Code Parts 811 and 814 –

The Board granted petitioner’s motion to reopen this

docket and substitute the name of Midwest Generation, LLC, for

Commonwealth Edison Company in its August 15, 1996 order.

7-0

Land

AS 01-6 In the Matter of: 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 accepted this request

for an adjusted standard on behalf of this Sangamon County facility and granted

petitioner’s request to incorporate materials from a prior proceeding.

7-0

Water

Administrative Citations

AC 01-5 IEPA v. Billy Hammond, Sr. – The Board denied respondent’s motion to dismiss

and motion to add third-party respondents, directing that the case proceed to

hearing.

7-0

AC 01-6 IEPA v. Jack Busby – The Board denied respondent’s motion to reconsider its

September 21, 2000 order.

7-0

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Environmental Register - December 2000

18

AC 01-10 IEPA v. Environmental Reclamation Company d/b/a ERC Landfill and Larry

Shilling (ERC Landfill) – The Board found that this Coles County respondent

violated Section 21(o)(5) of the Act (415 ILCS 5/21(o)(5) (1998)), and ordered

respondent to pay a civil penalty of $500.

7-0

AC 01-12 IEPA v. J&T Recycling and John A. Gordon – The Board accepted for hearing

Williamson County respondent, John A. Gordon’s petition for review of an

administrative citation, noting that a default order would be issued against the

remaining respondent if no petition for review is filed.

7-0

Adjudicatory Cases

•

 

Decisions

PCB 00-156 People of the State of Illinois v. Kenneth Minor and Keith Minor, individually

and d/b/a Motorsport Park and Moto Sports, Inc. – In this water enforcement

action concerning a

Kane

County facility, 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

respondents to pay a civil penalty of

$3,000

, and ordered respondents to cease

and desist from further violations.

7-0

W-E

PCB 00-172 People of the State of Illinois v. Envirofil of Illinois, Inc. – In this water

enforcement action concerning a

McDonough

County facility, 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

$45,000

, and ordered respondent

to cease and desist from further violations.

7-0

L&W-E

Motions and Other Matters

PCB 97-147 People of the State of Illinois v. J.D. Plating Works, Inc. – Upon receipt of a

proposed stipulation and settlement agreement and an agreed motion to request

relief from the hearing requirement in this water and Resource Conservation and

Recovery Act enforcement action involving a Lake County facility, the Board

ordered publication of the required newspaper notice.

7-0

RCRA,

W-E

PCB 99-138 Hancock Service Company v. IEPA – The Board granted petitioner’s motion for

voluntary dismissal of this tax certification appeal involving a Hancock County

facility.

7-0

T-C, Appeal

PCB 00-67 People of the State of Illinois v. American Disposal Company and Consolidated

Rail Corporation – The Board denied complainant’s motion for default

judgment, ordering that the case proceed to hearing.

7-0

RCRA-E

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Environmental Register - December 2000

19

PCB 00-104 People of the State of Illinois v. The Highlands, L.L.C., Murphy Farms, Inc.

a/k/a Murphy Family Farms, and Bion Technologies, Inc. – Upon receipt of a

proposed stipulation and settlement agreement and an agreed motion to request

relief from the hearing requirement in this air enforcement action involving a

Knox County facility, the Board ordered publication of the required newspaper

notice.

7-0

A-E

PCB 00-109 People of the State of Illinois v. Arturo Rivero d/b/a Swiss Cleaners – 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 Cook County facility, the Board ordered publication of the required

newspaper notice.

7-0

A-E

PCB 00-151 People of the State of Illinois v. Cleveland Steel Container 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 a Will County facility, the Board ordered publication of the required

newspaper notice.

7-0

A-E

PCB 00-187 Broderick Teaming Company v. IEPA – The Board denied both parties’ motions

for summary judgment and directed this underground storage tank appeal

involving a Cook County facility to hearing.

7-0

UST-FRD

PCB 01-25 Chrysler Realty Corporation v. Thomas Industries, Inc. and TDY Industries, Inc.

– The Board found that the alleged violations were neither duplicitous nor

frivolous. The Board accepted this matter involving a Cook County facility for

hearing and granted respondent’s motion to appear

pro hac vice

.

6-1

Flemal

dissented

UST-E,

Citizens

PCB 01-57 G.J. Leasing Company, Inc. v. IEPA – The Board entered an order directing

petitioner to file an amended petition including the appearance of an attorney

within 30 days in this underground storage tank appeal on behalf of a St. Clair

County facility.

7-0

UST-FRD

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

petitioner’s motions to declare the challenged NPDES permit ineffective and to

stay the effectiveness of the permit.

7-0

P-A, NPDES

PCB 01-71 Wareco Service, Inc. v. IEPA – The Board granted petitioner’s motion for

voluntary dismissal of this underground storage tank appeal involving a

Vermilion County facility.

7-0

UST-FRD

PCB 01-83 People of the State of Illinois v. Indiana Harbor Belt Railroad Company and

ACN International, Inc. – The Board accepted for hearing this Resource

Conservation and Recovery Act enforcement action against these Cook County

respondents.

7-0

RCRA-E

PCB 01-84 Wareco Service, Inc. v. IEPA – The Board granted this request for a 90-day

extension of time to file a permit appeal on behalf of this Morgan County

facility.

7-0

UST-FRD

90-Day Ext.

PCB 01-85 NACME Steel Processing, L.L.C. v. IEPA – The Board accepted for hearing this

permit appeal involving a Cook County facility.

7-0

P-A, Air

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Environmental Register - December 2000

20

PCB 01-87 Wareco Service, Inc. v. IEPA – The Board granted this request for a 90-day

extension of time to file a underground storage tank appeal on behalf of this

Fayette County facility.

7-0

UST-FRD

90-Day Ext.

PCB 01-88 IBP, Inc. (Joslin Facility) v. IEPA – The Board granted this request for a 90-day

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

7-0

P-A,

90-Day Ext.

PCB 01-89 Nash Petroleum, Inc. v. IEPA – The Board granted this request for a 90-day

extension of time to file a underground storage tank appeal on behalf of this

Cook County facility.

7-0

UST-Appeal

90-Day Ext.

December 21, 2000

Chicago, Illinois

Rulemakings

R00-19(A) In the Matter of: Proposed Amendments to Tiered Approach to Corrective

Action Objectives: 35 Ill. Adm. Code 742 (Environmental Land Use Control

(ELUC) Rules: P.A. 91-909) – The Board adopted a final opinion and order

which amended the tiered approach to corrective action objectives (35 Ill. Adm.

Code 742). Pursuant to Public Act 91-909, a portion of the proposed

amendments must be adopted by January 6, 2001, pertaining to a new legal

instrument called the “Environmental Land Use Control” or “ELUC.”

7-0

R, Land

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

101-130 – The Board adopted a final opinion and order that amended the

Board’s procedural rules.

7-0

R, Proc.

Rule

R01-9 In the Matter of: Proposed New 35 Ill. Adm. Code 217.Subpart W, The NOx

Trading Program for Electrical Generating Units, and Amendments to 35 Ill.

Adm. Code 211 and 217 – The Board adopted a final opinion and order to

implement a nitrogen oxides emissions trading program applicable to large fossil

fuel electrical generating units.

7-0

R, Air

R01-10 In the Matter of: Natural Gas-Fired, Peak-Load Electrical Power Generating

Facilities (Peaker Plants) – The Board issued an Informational Order in response

to Governor George Ryan’s request to conduct inquiry hearings concerning the

potential environmental impact of peaker plants, and to address in writing at the

conclusion of those hearings, whether further requirements are needed to

safeguard the environment.

7-0

R, Air

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 adopted

a second-notice opinion and order to implement a program to reduce nitrogen

oxides emissions from large cement kilns in Illinois.

6-0

Lawton

abstained

R, Air

R01-18 In the Matter of: Livestock Waste Regulations (35 Ill. Adm. Code 506) – The

Board accepted for hearing the Department of Agriculture’s December 4, 2000

proposal to amend the Board’s livestock waste regulations.

7-0

R, Land

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Environmental Register - December 2000

21

R01-26 In the Matter of: Amendments to 35 Ill. Adm. Code 732: Regulation of

Petroleum Leaking Underground Storage Tanks – The Board accepted for

hearing the Illinois Environmental Protection Agency’s December 6, 2000

proposal to amend the Board’s underground storage tank regulations.

7-0

R, Land

Adjusted Standard

AS 99-1 In the Matter of: Petition of the City of Belleville, Illinois for an Adjusted

Standard from 35 Ill. Adm. Code 306.305 – The Board ordered this matter set

for hearing.

7-0

Water

Administrative Citations

AC 01-11 IEPA v. Waterman Excavating – The Board found that this Montgomery County

respondent violated Sections 21(p)(1) and (p)(7) of the Act (415 ILCS

5/21/(p)(1), (p)(7) (1998)), and ordered respondent to pay a civil penalty of

$3,000.

7-0

AC 01-16 Sangamon County v. Everett Daily – The Board accepted this petition for review

of an administrative citation against this Sangamon County respondent.

7-0

AC 01-17 Sangamon County v. Everett Daily – The Board accepted this petition for review

of an administrative citation against this Sangamon County respondent.

7-0

AC 01-19 IEPA v. William Basil Flynn and Olen G. Parkhill, Jr. – The Board accepted on

behalf of respondent Parkhill this petition for review of an administrative

citation against these Champaign County respondents. The Board will enter a

default judgment against respondent Flynn should he failed to file a petition for

review by January 8, 2001.

7

-

0

Adjudicatory Cases

•

 

Decisions

PCB 01-79 People of the State of Illinois v. Phillips Pipe Line Company, a subsidiary of

Phillips Petroleum Company, Inc. – In this Resource Conservation and Recovery

Act enforcement action concerning a St.Clair County facility, 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 $15,000, and ordered respondent to cease

and desist from further violations.

7-0

RCRA-E

Provisional Variances

PCB 01-94 Libbey-Owens-Ford Company v. IEPA – Upon receipt of an Illinois

Environmental Protection Agency recommendation, the Board granted this

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

from the effluent limits set forth in 35 Ill. Adm. Code 304.141(b).

7-0

W-V

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Environmental Register - December 2000

22

PCB 01-95 U.S. Chrome Corporation of Illinois v. IEPA – Upon receipt of an Illinois

Environmental Protection Agency recommendation, the Board granted a 15-day

provisional variance to this Boone 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 93-32 Ford Motor Company v. IEPA – The Board granted petitioner’s motion for

voluntary dismissal of this air permit appeal involving a Cook County facility.

7-0

P-A, Air

PCB 93-129 PPG Industries, Inc. v. IEPA – The Board granted petitioner’s motion for

voluntary dismissal of this NPDES permit appeal involving a Macon County

facility.

7-0

P-A, NPDES

PCB 96-181 ESG Watts, Inc. v. IEPA – The Board granted parties’ motions for dismissal of

this permit appeal involving a Rock Island County facility.

7-0

P-A, Land

PCB 97-210 ESG Watts, Inc. v. IEPA – The Board granted parties’ motions for dismissal of

this permit appeal involving a Rock Island County facility.

7-0

P-A, Land

PCB 00-82 Jersey Sanitation Corporation v. IEPA – The Board referred petitioner’s motions

to file

instanter

to the hearing officer.

P-A, Land

PCB 00-133 John M. Giertych, Geri Giertych, Wally Stoklosa, Earl Daliege, Everett Johnson,

Meddard Sowonik, Max Prindle, Chuck Polizzi, Marge Polizzi, George Brassea,

Gladys Brassea, Nancy Pitcher, Geraldine Hughes, Bernard Nagel, Joe

Ringbauer, Dee Ringbauer, Carolyn Meyer, Joe Dampf, Sally Dampf, Pat Henry,

Gabriele Dalzell, Clifton Cooke, Betty Jane Cooke, Pam Sayner, Carol Bump,

Helen Bytnar, and Leslie Koenig v. 4T’s Management, L.L.C. – The Board

granted respondent’s motion to dismiss certain complainants for want of

prosecution.

7-0

N-E, Citizens

PCB 00-192 People of the State of Illinois v. Wismarq 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 a

Cook County facility, the Board ordered publication of the required newspaper

notice.

7-0

A-E

PCB 01-40 People of the State of Illinois v. City of Paris and Francis Associates – 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 Edgar County facility, the Board ordered

publication of the required newspaper notice.

7-0

PWS-E

PCB 01-58 Roman Catholic Diocese/Joliet St. Alexis Church v. IEPA – Having previously

granted a request for a 90-day extension, the Board dismissed this matter because

no underground storage tank fund reimbursement determination appeal was filed

on behalf of this DuPage County facility.

7-0

UST-FRD

PCB 01-65 Arnold’s Service and Repair v. IEPA – Having previously granted a request for a

90-day extension, the Board dismissed this matter because no underground

storage tank fund reimbursement determination appeal was filed on behalf of this

Fayette County facility.

7-0

UST-FRD

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Environmental Register - December 2000

23

PCB 01-67 County of Jasper for the Jasper County Highway Department v. IEPA – The

Board accepted for hearing this underground storage tank appeal involving a

Jasper County facility.

7-0

UST-FRD

PCB 01-69 Terminal Railroad Association v. IEPA – The Board accepted for hearing this

permit appeal involving a St. Clair County facility.

7-0

P-A, Land

PCB 01-90 Land and Lakes Company v. IEPA – The Board accepted for hearing this

national pollutant discharge elimination system permit appeal involving a Cook

County facility.

7-0

P-A, NPDES

PCB 01-91 People of the State of Illinois v. Chester Bross Construction Company, Inc. –

Upon receipt of a proposed stipulation and settlement agreement and an agreed

motion to request relief from the hearing requirement in this air enforcement

action involving an Adams County facility, the Board ordered publication of the

required newspaper notice.

7-0

A-E

PCB 01-92 People of the State of Illinois v. Marathon Oil 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 Sangamon County facility, the Board ordered publication of

the required newspaper notice.

7-0

PWS-E

New Cases

December 7, 2000 Board Meeting

01-83

People of the State of Illinois v. Indiana Harbor Belt Railroad Company and ACN International, Inc. – The

Board accepted for hearing this Resource Conservation and Recovery Act enforcement action against this Cook

County facility.

01-84

Wareco Service, Inc. v. IEPA – The Board granted this request for a 90-day extension of time to file a permit

appeal on behalf of this Morgan

 

County facility.

01-85

NACME Steel Processing, L.L.C. v. IEPA – The Board accepted for hearing this permit appeal involving a

Cook County facility.

01-86

Robert Gardner and Yvonne Gardner v. Township High School District 211 and Gerald Chapman,

Superintendent – The Board held for a later duplicitous/frivolous determination this citizen’s noise enforcement

action involving a Cook County facility.

01-87

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

underground storage appeal on behalf of this Fayette County facility.

01-88

IBP, Inc. (Joslin Facility) v. IEPA – The Board granted this request for a 90-day extension of time to file a

permit appeal on behalf of this petitioner.

01-89

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

underground storage appeal on behalf of this Cook

 

County facility.

AC 01-13

IEPA v. The Perron Company and Richard Pearce – The Board accepted an administrative citation

against these Winnebago County respondents.

AC 01-14

IEPA v. American Disposal Services of Illinois, Inc. and Dave Bryant – The Board accepted an

administrative citation against these Livingston County respondents.

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Environmental Register - December 2000

24

AC 01-15

IEPA v. Terry Reynolds d/b/a Reynolds Manufactured Homes and Transport – The Board accepted an

administrative citation against this Union County respondent.

AC 01-16

County of Sangamon v. Everett Daily – The Board accepted an administrative citation against this

Sangamon County respondent.

AC 01-17

County of Sangamon v. Everett Daily – The Board accepted an administrative citation against this

Sangamon County respondent.

AC 01-18

IEPA v. Joe Alecci – The Board accepted an administrative citation against this Franklin County

respondent.

AC 01-19

IEPA v. William Basil Flynn and Olen G. Parkhill, Jr. – The Board accepted an administrative citation

against these Champaign County respondents.

R01-18

In the Matter of: Emergency Rulemaking: Livestock Waste Regulations (35 Ill. Adm. Code 506) – No

action taken.

December 21, 2000 Board Meeting

01-90

Land and Lakes Company v. IEPA – The Board accepted for hearing this national pollutant discharge

elimination system permit appeal involving a Cook County facility.

01-91

People of the State of Illinois v. Chester Bross Construction Company, Inc. – Upon receipt of a proposed

stipulation and settlement agreement and an agreed motion to request relief from the hearing requirement in this air

enforcement action involving an Adams County facility, the Board ordered publication of the required newspaper

notice.

01-92

People of the State of Illinois v. Marathon Oil 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 Sangamon County facility, the Board ordered publication of the required newspaper notice.

01-93

Strunk Motor Company v. Office of the State Fire Marshal – No action taken.

01-94

Libbey-Owens-Ford Company v. IEPA – Upon receipt of an Illinois Environmental Protection Agency

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

from the effluent limits set forth in 35 Ill. Adm. Code 304.141(b).

01-95

U.S. Chrome Corporation of Illinois v. IEPA – Upon receipt of an Illinois Environmental Protection Agency

recommendation, the Board granted a 15-day provisional variance to this Boone 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 01-20

IEPA v. John Prior and Prior Oil Company – The Board accepted an administrative citation against these

Washington County respondents.

R01-19

In the Matter of: Exemptions from the Definition of VOM Update, USEPA Amendments (July 1, 2000

through December 31, 2000) – The Board reserved this docket for a routine identical-in-substance update. The

update includes any federal amendments that occurred during the period of July 1, 2000 through December 31, 2000.

R01-20

In the Matter of: SDWA Update, USEPA Amendments (July 1, 2000 through December 31, 2000) – The

Board reserved this docket for a routine identical-in-substance update. The update includes any federal amendments

that occurred during the period of July 1, 2000 through December 31, 2000.

R01-21

In the Matter of: UIC Update, USEPA Amendments (July 1, 2000 through December 31, 2000) – The

Board reserved this docket for a routine identical-in-substance update. The update includes any federal amendments

that occurred during the period of July 1, 2000 through December 31, 2000.

R01-22

In the Matter of: RCRA Subtitle D Update, USEPA Amendments (July 1, 2000 through December 31,

2000) – The Board reserved this docket for a routine identical-in-substance update. The update includes any federal

amendments that occurred during the period of July 1, 2000 through December 31, 2000.

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Environmental Register - December 2000

25

R01-23

In the Matter of: RCRA Subtitle C Update, USEPA Amendments (July 1, 2000 through December 31,

2000) – The Board reserved this docket for a routine identical-in-substance update. The update includes any federal

amendments that occurred during the period of July 1, 2000 through December 31, 2000.

R01-24

In the Matter of: UST Update, USEPA Amendments (July 1, 2000 through December 31, 2000) – The

Board reserved this docket for a routine identical-in-substance update. The update includes any federal amendments

that occurred during the period of July 1, 2000 through December 31, 2000.

R01-25

In the Matter of: Wastewater Pretreatment Update, USEPA Amendments (July 1, 2000 through December

31, 2000) – The Board reserved this docket for a routine identical-in-substance update. The update includes any

federal amendments that occurred during the period of July 1, 2000 through December 31, 2000.

R01-26

In the Matter of: Amendments to 35 Ill. Adm. Code 732: Regulation of Petroleum Leaking Underground

Storage Tanks – The Board accepted for hearing the Illinois Environmental Protection Agency’s December 6, 2000

proposal to amend the Board’s underground storage tank regulations.

Calendar

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

1/3/2001

9:30 am

PCB 97-234 Nam v. Suh Niles Village Hall

1000 Civic Center Drive

2nd Floor

Niles, IL

1/3/2001

10:00 am

PCB 94-373 IEPA v. Berger 5th District

Mt. Vernon

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Environmental Register - December 2000

26

1/4/2001

11:00 am

Illinois Pollution Control Board Meeting James R. Thompson Center

100 W. Randolph Street

Room 9-040

Chicago, IL

1/9/2001

9:00 am

PCB 01-74 Marathon Ashland Petroleum v. IEPA Illinois Pollution Control

Board

Hearing Room 403

600 S. Second Street

Springfield, 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

1/17/2001

9:30 am

PCB 01-48 Community Landfill Company and City of

Morris v. IEPA

James R. Thompson Center

100 W. Randolph Street

Room 2-025

Chicago, IL

1/18/2001

9:30 am

PCB 01-48 Community Landfill Company and City of

Morris v. IEPA

James R. Thompson Center

100 W. Randolph Street

Room 9-031

Chicago, 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

1/19/2001

9:30 am

PCB 01-48 Community Landfill Company and City of

Morris v. IEPA

James R. Thompson Center

100 W. Randolph Street

Room 9-031

Chicago, IL

1/25/2001

9:30 am

AC 00-84 IEPA v. Day City Council Chambers

102 North Neil Street

Champaign, IL

1/30/2001

9:30 am

PCB 99-142 American National Bank & Trust v.

Dunham Cleaners

James R. Thompson Center

100 W. Randolph Street

Room 11-512

Chicago, IL

1/30/2001

9:30 am

PCB 00-50 People v. A.E. Staley Illinois Pollution Control

Board

Hearing Room 403

600 S. Second Street

Springfield, IL

1/31/2001

9:30 am

PCB 00-50 People v. A.E. Staley Illinois Pollution Control

Board

Hearing Room 403

600 S. Second Street

Springfield, IL

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Environmental Register - December 2000

27

2/1/2001

11:00 am

Illinois Pollution Control Board Meeting James R. Thompson Center

100 W. Randolph Street

Room 9-040

Chicago, IL

2/6/2001

9:30 am

R01-13 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

2/15/2001

11:00 am

Illinois Pollution Control Board Meeting James R. Thompson Center

100 W. Randolph Street, 9-040

Chicago, IL

3/1/2001

11:00 am

Illinois Pollution Control Board Meeting James R. Thompson Center

100 W. Randolph Street

Room 9-040

Chicago, IL

3/15/2001

11:00 am

Illinois Pollution Control Board Meeting James R. Thompson Center

100 W. Randolph Street, 9-040

Chicago, IL

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------------------------------------------------CUT HERE------------------------------------------------

Environmental Register Comment Card

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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