Inside This Issue:

FEDERAL UPDATE P. 1

RULE UPDATE P. 8

APPELLATE UPDATE P. 10

IEPA RESTRICTED STATUS LIST P. 12

IEPA CRITICAL REVIEW LIST P. 13

BOARD ACTIONS P. 14

NEW CASES P. 22

BOARD CALENDAR P. 23

Federal Update

United States Environmental Protection Agency Proposes Effluent Limitations Guidelines, Pretreatment Standards,

and New Source Performance Standards for the Metal Products and Machinery Point Source Category

On January 3, 2001, USEPA proposed effluent limitations guidelines, pretreatment standards, and new source

performance standards for the metal products and machinery point source category. 66 Fed. Reg. 423.

The proposal represents USEPA’s second look at Clean Water Act (33 U.S.C. §§ 1251

et seq

. (1998)) national

effluent limitations guidelines and pretreatment standards for wastewater discharges from metal products and

machinery facilities. USEPA initially proposed effluent limitations guidelines and pretreatment standards for a

portion of this category on May 30, 1995 (60 Fed. Reg. 28210). This new proposal would completely replace the

1995 proposal.

The proposed regulation would establish technology-based effluent limitations guidelines and pretreatment standards

for wastewater discharges associated with the operation of new and existing metal products and machinery facilities.

The metal products and machinery industry includes facilities that manufacture, rebuild, or maintain metal products,

parts, or machines.

USEPA estimates that compliance with this regulation will reduce the discharge of conventional pollutants by at least

115 million pounds per year, priority pollutants by 12 million pounds per year, and nonconventional metal and

organic pollutants by 43 million pounds per year for an estimated compliance cost of $1.98 billion annually. USEPA

estimates that the annual benefits of the proposal range from $0.4 billion to $1.1 billion. In addition, the proposal

solicits comment on new methodologies for expanding the analysis to include additional categories of recreational

benefits.

Comments must be received by May 3, 2001. USEPA is conducting three public meetings in February on the

proposed regulation. For further technical information contact Michael Ebner at 202/260-5397. For further

economic information contact Dr. Lynne Tudor at 202/260-5834.

The Board will include any necessary amendments in an upcoming identical in substance rulemaking pursuant to

Sections 7.2 and 13.3 of the Environmental Protection Act (415 ILCS 5/7.2, 13.3 (1998)).

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United States Environmental Protection Agency Adopts Identification of Dangerous Levels of Lead in Final

Rule

On January 5, 2001, USEPA issued regulations under Section 403 of the Toxic Substances Control Act (TSCA) (15

U.S.C. §§ 2601

et seq

. (1998)), as amended by the Residential Lead-Based Paint Hazard Reduction Act of 1992,

also known as “Title X”, to establish standards for lead-based paint hazards in most pre-1978 housing and child-

occupied facilities. 66 Fed. Reg. 1205.

The regulation supports the implementation of regulations already promulgated, and others under development,

which deal with worker training and certification, lead hazard disclosure in real estate transactions, requirements for

lead cleanup under state authorities, lead hazard evaluation and control in federally-owned housing prior to sale and

housing receiving federal assistance, and United States Department of Housing and Urban Development (HUD)

grants to local jurisdictions to perform lead hazard control. In addition, the regulation establishes under authority of

TSCA Section 402, residential lead dust cleanup levels and amendments to dust and soil sampling requirements and,

under authority of TSCA Section 404, amendments to state program authorization requirements.

USEPA believes that by supporting implementation of the major provisions of Title X and by providing guidance to

all owners and occupants of pre-1978 housing and child-occupied facilities, the regulation will help to prevent lead

poisoning in children under the age of 6.

The final rule becomes effective March 6, 2001. For further information contact Dave Topping at 202/260-7737; e-

mail address: topping.dave@epa.gov.

United States Environmental Protection Agency Adopts Unregulated Contaminant Monitoring Regulation

for Public Water Systems; Analytical Methods for List 2 Contaminants; Clarifications to the Unregulated

Contaminant Monitoring Regulation in Final Rule

On January 11, 2001, USEPA in a final rule adopted unregulated contaminant monitoring regulations for public

water systems, analytical methods for List 2 contaminants, and clarifications to the unregulated contaminant

monitoring regulation. 66 Fed. Reg. 2273.

The Safe Drinking Water Act, as amended in 1996 (42 U.S.C. §§ 300f

et seq

. (1998)), requires USEPA to establish

criteria for a program to monitor unregulated contaminants and to publish a list of contaminants to be monitored.

USEPA published the revisions to the unregulated contaminant monitoring regulation (UCMR) for public water

systems on September 17, 1999, which included lists of contaminants for which monitoring was required or would be

required in the future. These lists included: List 1 for contaminants with approved analytical methods; List 2 for

contaminants with methods that were being refined; and List 3 for contaminants with methods that were still being

developed.

The regulation approves the analytical methods for thirteen chemical contaminants on List 2, and requires

monitoring for those contaminants in drinking water. The regulation also sets the schedule for monitoring one

microbiological contaminant, Aeromonas, contingent on promulgation of its analytical method. These methods and

associated monitoring will be used to support USEPA decisions concerning whether or not to regulate and establish

standards for these contaminants in drinking water. Additionally, USEPA includes modifications to the UCMR that

affect the implementation of monitoring for both List 1 and List 2 contaminants.

The final rule became effective January 11, 2001. For further information contact Charles Job at 202/260-7084.

The unregulated contaminant monitoring program is implemented by the USEPA.

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United States Environmental Protection Agency Adopts National Emission Standards for Hazardous Air

Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone

Semichemical Pulp Mills in Final Rule

On January 12, 2001, USEPA adopted national emission standards for hazardous air pollutants (NESHAP) for

chemical recovery combustion sources at kraft, soda, sulfite, and stand-alone semichemical pulp mills in a final rule.

66 Fed. Reg. 3179.

This action promulgates NESHAP for new and existing sources used in chemical recovery processes at kraft, soda,

sulfite, and stand-alone semichemical pulp mills. Hazardous air pollutants (HAP) that are regulated by this final rule

include gaseous organic HAP and HAP metals. The final rule implements Section 112(d) of the Clean Air Act (42

U.S.C. §§ 7401

et seq

. (1998)), and is based on the determination that chemical recovery combustion sources at

kraft, soda, sulfite, and stand-alone semichemical pulp mills are major sources of HAP emissions.

The adverse health effects of exposure to these HAP can include cancer, reproductive and developmental effects,

gastrointestinal effects, damage to the nervous system, and irritation to the eyes, skin, and respiratory system.

Emissions of other pollutants from these sources include particulate matter, volatile organic compounds, carbon

monoxide, sulfur dioxide, and nitrogen oxides. The final rule is intended to protect public health by requiring

chemical recovery combustion sources to meet standards reflecting the application of the maximum achievable

control technology to control HAP emissions from these sources. USEPA estimates that implementation of the rule

will reduce emissions of HAP by approximately 2,500 megagrams per year (Mg/yr) (2,700 tons per year (tpy)) and

emissions of other pollutants by approximately 107,900 Mg/yr (118,900 tpy).

The final rule becomes effective March 13, 2001. For further contact Jeff Telander at 919/541-5600; e-mail address:

telander.jeff@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 Proposes National Pollutant Discharge Elimination System

Permit Regulation and Effluent Limitations Guidelines and Standards for Concentrated Animal Feeding

Operations

On January 12, 2001, USEPA proposed national pollutant discharge elimination system (NPDES) permit regulation

and effluent limitations guidelines and standards for concentrated animal feeding operations (CAFOs). 66 Fed. Reg.

2959.

USEPA proposed revisions to two regulations that address the impacts of manure, wastewater, and other process

waters generated by CAFOs on water quality. The regulations are the NPDES provisions that define which

operations are CAFOs and establish permit requirements, and the effluent limitations guidelines for feedlots (beef,

dairy, swine and poultry subcategories), which establish the technology-based effluent discharge standards for

CAFOs.

USEPA proposed revisions to these regulations to address changes that have occurred in the animal industry sectors

over the last 25 years, to clarify and improve implementation of CAFO permit requirements, and to improve the

environmental protection achieved under these rules. Environmental concerns being addressed by this rule include

both ecological and human health effects. Manure from stockpiles, lagoons, or excessive land application can reach

waterways through runoff, erosion, spills, or via groundwater. These discharges can result in excessive nutrients

(nitrogen, phosphorus, and potassium), oxygen-depleting substances, and other pollutants in the water. This

pollution can kill fish and shellfish, cause excess algae growth, harm marine mammals, and contaminate drinking

water.

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The proposal includes two alternatives for how to structure the revised NPDES program for CAFOs; the alternatives

offer comparable environmental benefits but differ in their administrative approach. USEPA requests comment on

two other alternatives that the Illinois Environmental Protection Agency is considering and may pursue, after

evaluating the comments. USEPA is also proposing to revise effluent guidelines applicable to beef, dairy, swine, and

poultry operations that are defined as CAFOs, pursuant to the NPDES revisions. The proposed effluent guidelines

include regulations for both new and existing animal feeding operations that meet the definition of a CAFO.

Comments must be received by May 2, 2001. For further information contact Karen Metchis at 202/564-0766.

In Illinois, water discharges from the operation of livestock operations is regulated under the Livestock Facilities

Management Act (510 ILCS 771

et seq

. (1998)). Board regulations are codified at 35 Ill. Adm. Code 506 and the

Illinois Department of Agriculture’s (Department) rules at 10 Ill. Adm. Code 900. Two Department proposals to

amend the Board’s rules are currently pending in Livestock Waste Regulations 35 Ill. Adm. Code 506, R01-18 and

R01-28. However, neither of these proposals relates to the January 12, 2001 USEPA CAFO rules.

If USEPA adopts CAFO rules under the Clean Water Act, the Board would expect the Illinois Environmental

Protection Agency to identify and propose any necessary changes to the Board’s rules during its triennial review of

Illinois’ water rules as required under the Clean Water Act.

United States Environmental Protection Agency Proposes Methods Update to Guidelines Establishing Test

Procedures for the Analysis of Pollutants Under the Clean Water Act, National Primary Drinking Water

Regulations, and National Secondary Drinking Water Regulations

On January 16, 2001, USEPA proposed a methods update to guidelines establishing test procedures for the analysis

of pollutants under the Clean Water Act, national primary drinking water regulations, and national secondary

drinking water regulations. 66 Fed. Reg. 3526.

USEPA proposed action of a methods update rule that approves revised versions of test procedures (

i.e

., analytical

methods) for the determination of chemical, radiological, and microbiological pollutants and contaminants in

wastewater and drinking water. The revisions concern methods published by one or more of the following

organizations: American Society for Testing Materials, United States Geological Survey, United States Department

of Energy, American Public Health Association, American Water Works Association, and Water Environment

Federation. Previously approved versions of the methods remain approved. The rule will give the analytical

community a larger selection of analytical methods.

Comments must be received by March 19, 2001. For further information regarding wastewater methods contact

Maria Gomez-Taylor e-mail address: gomez.maria@epa.gov. For further information regarding drinking water

methods contact Richard Reding at e-mail address: reding.richard@epa.gov.

If USEPA adopts these rules, the Board will include any necessary amendments to its pretreatment or drinking water

rules in an upcoming identical in substance rulemaking pursuant to Sections 7.2 and 13.3 or 17.5 of the

Environmental Protection Act (415 ILCS 5/7.2, 13.3, 17.5 (1998)).

United States Environmental Protection Agency Adopts Methods Update to Guidelines Establishing Test

Procedures for the Analysis of Pollutants Under the Clean Water Act, National Primary Drinking Water

Regulations, and National Secondary Drinking Water Regulations in Final Rule

On January 16, 2001, USEPA adopted a methods update to guidelines establishing test procedures for the analysis of

pollutants under the Clean Water Act (33 U.S.C. §§ 1251

et seq

. (1998)); national primary drinking water

regulations; and national secondary drinking water regulations in a final rule. 66 Fed. Reg. 3466.

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USEPA approved the use of updated versions of test procedures (

i.e

., analytical methods) for the determination of

chemical, radiological, and microbiological pollutants and contaminants in wastewater and drinking water. These

updated versions of analytical methods have been published by one or more of the following organizations:

American Society for Testing Materials, United States Geological Survey, United States Department of Energy,

American Public Health Association, American Water Works Association, and Water Environment Federation.

Previously approved versions of the methods remain approved. The final rule will give the analytical community a

larger selection of analytical methods.

The final rule becomes effective May 16, 2001 without further notice, unless USEPA receives adverse comment by

March 19, 2001. For further information regarding wastewater methods contact Maria Gomez-Taylor at e-mail

address: gomez.maria@epa.gov. For further information regarding drinking water methods contact Richard Reding

at e-mail address: reding.richard@epa.gov.

If USEPA adopts these rules, the Board will include any necessary amendments to its pretreatment or drinking water

rules in an upcoming identical in substance rulemaking pursuant to Sections 7.2 and 13.3 or 17.5 of the

Environmental Protection Act (415 ILCS 5/7.2, 13.3, 17.5 (1998)).

United States Environmental Protection Agency Adopts Control of Air Pollution From New Motor Vehicles:

Heavy-Duty Engine and Vehicle Standards and Highway Diesel Fuel Sulfur Control Requirements in Final

Rule

On January 18, 2001, USEPA adopted control of air pollution from new motor vehicles: heavy-duty engine and

vehicle standards and highway diesel fuel sulfur control requirements in a final rule. 66 Fed. Reg. 5001.

USEPA is establishing a comprehensive national control program that will regulate heavy-duty vehicles and its fuel

as a single system. As part of this program, new emission standards will begin to take effect in model year 2007, and

will apply to heavy-duty highway engines and vehicles. These standards are based on the use of high-efficiency

catalytic exhaust emission control devices or comparably effective advanced technologies. Because these devices

are damaged by sulfur, the USEPA is also reducing the level of sulfur in highway diesel fuel significantly by mid-

2006. The program provides substantial flexibility for refiners, especially small refiners, and for manufacturers of

engines and vehicles. The options will ensure that there is widespread availability and supply of the low sulfur diesel

fuel from the very beginning of the program, and will provide engine manufacturers with the lead time needed to

efficiently phase-in the exhaust emission control technology that will be used to achieve the emissions benefits of the

new standards.

USEPA estimates that heavy-duty trucks and buses today account for about one-third of nitrogen oxides emissions

and one-quarter of particulate matter emissions from mobile sources. In some urban areas, the contribution is even

greater. The program will reduce particulate matter and oxides of nitrogen emissions from heavy-duty engines by 90

percent and 95 percent below current standard levels, respectively. In order to meet these more stringent standards

for diesel engines, the program calls for a 97 percent reduction in the sulfur content of diesel fuel. As a result, diesel

vehicles will achieve gasoline-like exhaust emission levels. USEPA is also finalizing more stringent standards for

heavy-duty gasoline vehicles, based in part on the use of the low sulfur gasoline that will be available when the

standards go into effect. The clean air impact of this program will be dramatic when fully implemented.

USEPA estimates that by 2030, the program will reduce annual emissions of nitrogen oxides, nonmethane

hydrocarbons, and particulate matter by a projected 2.6 million, 115,000 and 109,000 tons, respectively. USEPA

projects that these reductions and the resulting significant environmental benefits of the program will come at an

average cost increase of about $2,000 to $3,200 per new vehicle in the near term and about $1,200 to $1,900 per

new vehicle in the long term, depending on the vehicle size. In comparison, new vehicle prices today can range well

over $100,000 for larger heavy-duty vehicles. USEPA estimates that when fully implemented the sulfur reduction

requirement will increase the cost of producing and distributing diesel fuel by about five cents per gallon.

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The final rule becomes effective March 19, 2001. For further information contact Margaret Borushko at 734/214-

4334; e-mail address: borushko.margaret@epa.gov.

The Board would expect the Illinois Environmental Protection Agency to propose similar State rules for adoption

using the Clean Air Act “fast-track” procedures at Section 28.5 of the Environmental Protection Act (415 ILCS

5/28.5 (1998)).

United States Environmental Protection Agency Adopts Technical Amendments to Effluent Limitations

Guidelines and New Source Performance Standards for the Oil and Gas Extraction Point Source Category in

Final Rule

On January 22, 2001, USEPA adopted technical amendments to effluent limitations guidelines and new source

performance standards for the oil and gas extraction point source category in a final rule. 66 Fed. Reg. 6849.

Under authority of the Clean Water Act (33 U.S.C. §§ 1251

et seq

. (1998)), USEPA published regulations

establishing technology-based effluent limitations guidelines and standards for the discharge of synthetic-based

drilling fluids (SBFs) and other nonaqueous drilling fluids from oil and gas drilling operations into waters of the

United States. Oil and gas extraction facilities generate cuttings wastes from drilling operations. The regulation

applies to existing and new sources that perform oil and natural gas extraction drilling in certain offshore and coastal

waters. The final rule allows a controlled discharge of SBF-cuttings anywhere offshore of Alaska and offshore of the

rest of the United States beyond three miles from shore.

The regulation prohibits discharge of such fluids in coastal Cook Inlet, Alaska, unless the permit authority makes

certain findings. The final rule prohibits the discharge of SBFs not associated with drill cuttings into all waters of

the United States. Compliance with this rule is estimated by USEPA to reduce the annual discharge of cuttings by

118 million pounds per year for new and existing sources. This rule will also lead to a decrease of 2,927 tons of air

emissions and 200,817 barrels of oil equivalent per year for new and existing sources. USEPA estimates that the

rule will result in annual savings of $48.9 million and no adverse economic impacts to the industry as a whole.

USEPA also incorporated best management practices into the final rule to provide industry with additional flexibility

in meeting today's final rule.

The final rule becomes effective February 21, 2001. For further technical information contact Carey Johnston at

202/260-7186; e-mail address: johnston.carey@epa.gov. For further economic information contact James

Covington at 202/260-5132; e-mail address: covington.james@epa.gov.

The Board will include any necessary amendments in an upcoming identical in substance rulemaking pursuant to

Sections 7.2 and 13.3 of the Environmental Protection Act (415 ILCS 5/7.2, 13.3 (1998)).

United States Environmental Protection Agency Proposes Notification Requirements for Lead-Based Paint

Abatement Activities and Training

On January 22, 2001, USEPA proposed notification requirements for lead-based paint abatement activities and

training. 66 Fed. Reg. 7207.

USEPA proposed to establish notification procedures for certified lead abatement professionals conducting lead-

based paint activities, and accredited training programs providing lead-based paint activities courses under the

authority of Section 407 of the Toxic Substances Control Act (15 U.S.C. §§ 2601

et seq

. (1998)), as amended by the

Residential Lead-Based Paint Hazard Reduction Act of 1992, also known as “Title X”.

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The proposal seeks to establish the procedures that would be used to provide the notification to USEPA that is

currently required prior to the commencement of lead-based paint abatement activities. The proposal also seeks to

establish provisions which would require accredited training programs to notify USEPA under the following

conditions: (1) prior to providing lead-based paint activities training courses, and (2) following completion of lead-

based paint activities training courses.

These notification requirements are necessary to provide USEPA compliance monitoring and enforcement personnel

with information necessary to track compliance activities and to prioritize inspections. USEPA believes that the

proposal will help to prevent lead poisoning in children under the age of six by supporting the implementation of the

mandate in Title X to ensure that lead abatement professionals involved in inspecting, assessing or removing lead-

based paint, dust or soil are trained and certified to conduct these activities.

Comments must be received by February 21, 2001. For further information contact Barbara Cunningham at

202/554-1404; e-mail address: cunningham.barbare@epa.gov.

United States Environmental Protection Agency Adopts National Emission Standards for Hazardous Air

Pollutants for Source Categories: Organic Hazardous Air Pollutants From the Synthetic Organic Chemical

Manufacturing Industry and Other Processes Subject to the Negotiated Regulation for Equipment Leaks in

Final Rule

On January 22, 2001, USEPA adopted national emission standards for hazardous air pollutants (NESHAP) for

source categories: organic hazardous air pollutants from the synthetic organic chemical manufacturing industry and

other processes subject to the negotiated regulation for equipment leaks in a final rule. 66 Fed. Reg. 6921.

On April 22, 1994 and June 6, 1994, USEPA issued the “National Emission Standards for Hazardous Air Pollutants

for Source Categories: Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing

Industry and Other Processes Subject to the Negotiated Regulation for Equipment Leaks.” This rule is commonly

known as the Hazardous Organic NESHAP or the HON. On January 20, 2000, USEPA proposed amendments to the

definition of the term “process vent” and to add procedures for identifying “process vents” in order to ensure

consistent interpretation of the term.

USEPA also proposed revisions to several provisions of the rule to reflect the terminology used in the revised

definition of process vent. The changes were proposed to reduce the burden associated with developing operating

permits for facilities subject to the rule. The January 20, 2000 document also proposed to add provisions to allow

off-site control of process vent emissions and to add provisions for establishing a new compliance date under certain

circumstances. In that action, USEPA also proposed to add an alternative procedure for use in determining

compliance with wastewater treatment requirements. This proposal takes final action on those proposed

amendments. These amendments to the rule will not change the basic control requirements of the rule or the level of

health protection it provides. The rule requires new and existing major sources to control emissions of hazardous air

pollutants to the level reflecting application of the maximum achievable control technology.

The final rule became effective on January 22, 2001. For further information contact Janet Meyer at 919/541-5254;

e-mail address: meyer.janet@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 Drinking Water Regulations;

Arsenic and Clarifications to Compliance and New Source Contaminants Monitoring in Final Rule

On January 22, 2001, USEPA adopted national primary drinking water regulations; arsenic and clarifications to

compliance and new source contaminants monitoring in a final rule. 66 Fed. Reg. 6975.

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Under authority of the Safe Drinking Water Act (42 U.S.C. §§ 300f

et seq

. (1998)), USEPA established a health-

based, non-enforceable maximum contaminant level goal for arsenic of zero and an enforceable maximum

contaminant level for arsenic of 0.01 mg/L. The regulation applies to non-transient non-community water systems,

which are not presently subject to standards on arsenic in drinking water, and to community water systems. In

addition, USEPA published clarifications for monitoring and demonstration of compliance for new systems or

sources of drinking water. USEPA also clarified compliance for state-determined monitoring after exceedances for

inorganic, volatile organic, and synthetic organic contaminants. Finally, the USEPA recognized the State-specified

time period and sampling frequency for new public water systems and systems using a new source of water to

demonstrate compliance with drinking water regulations. The requirement for new systems and new source

monitoring will be effective for inorganic, volatile organic, and synthetic organic contaminants.

The final rule becomes effective March 23, 2001. For further information contact The Safe Drinking Water Hotline

at 800/426-4791, or 703/285-1093; e-mail address: hotline.sdwa@epa.gov.

The Board will include any necessary amendments in an upcoming identical in substance rulemaking pursuant to

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

Rule Update

Board Dismisses Amendments to 35 Ill. Adm. Code 506, (Livestock Waste Regulations)(PA 90-565), R98-26

On January 4, 2001, the Board closed this docket as unnecessary, since the subject matter is being handled in a new

rulemaking. On December 21, 2000, the Board issued a first-notice opinion and order in Livestock Waste

Regulations (35 Ill. Adm. Code 506), R01-18, in response to a December 4, 2000 proposal from the Department of

Agriculture to amend the Board’s regulations.

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

sudmanc@ipcb.state.il.us.

Board Adopts Identical in Substance Amendments in Wastewater Pretreatment Update, USEPA

Amendments (January 1, 2000 through June 30, 2000), R01-5

On January 4, 2001, the Board adopted amendments to the Illinois regulations that are identical in substance to the

wastewater pretreatment regulations that USEPA adopted pursuant to Sections 307(b), (c), and (d) and 402(b)(9) of

the Federal Water Pollution Control Act (33 U.S.C. §§ 1317(b), (c), (d), 1342(b)(9) (1996)). Included are

amendments that USEPA took during the period of January 1, 2000 through June 30, 2000. USEPA took five

actions during this period that necessitated Board action (see 65 Fed. Reg. 3008 (January 19, 2000); 65 Fed. Reg.

4360 (January 27, 2000); 65 Fed. Reg. 14344 (March 16, 2000); 65 Fed. Reg. 15091 (March 21, 2000); and 65 Fed.

Reg. 33423 (May 23, 2000)).

The federal actions include adopting wastewater effluent limitation guidelines, pretreatment standards, and new

source performance standards for the landfill point source category, and the commercial hazardous waste combustor

subcategory of the waste combustors point source category. USEPA also removed the effluent guidelines,

pretreatment standards, and new source performance standards for the builder’s paper and board mills point source

category.

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Sections 7.2 and 13.3 of the Illinois Environmental Protection Act (Act) (415 ILCS 5/7.2, 13.3 (1998)) provide for

quick adoption of regulations that are identical-in-substance to federal wastewater pretreatment regulations that

USEPA adopts. Section 13.3 of the Act also provides that Title VII of the Act and Section 5 of the Administrative

Procedure Act (5 ILCS 100/5-35 and 5-40 (1998)), do not apply to the Board’s adoption of identical in substance

regulations. Therefore, the amendments are not subject to first or second-notice review by the Joint Committee on

Administrative Rules.

For additional information contact: Steven C. Langhoff at 217/782-2615; e-mail langhofs@ipcb.state.il.us.

Board Adopts Identical in Substance Amendments in SDWA Update, USEPA Amendments (January 1, 2000

through June 30, 2000), R01-7

On January 4, 2001, the Board adopted amendments to the Illinois regulations that are identical in substance to the

National Primary Drinking Water regulations adopted by USEPA. These regulations implement Sections 1412(b),

1414(c), 1417(a), and 1445(a) of the Safe Drinking Water Act (SDWA) (42 U.S.C. §§ 300g-1(b), 300g-3(c), 300g-

6(a), 300j-4(a)).

The amendments were proposed pursuant to Sections 7.2 and 17.5 of the Environmental Protection Act (Act) (415

ILCS 5/7.2, 17.5 (1998)), which provides for quick adoption of regulations that are “identical in substance” (IIS) to

federal regulations that USEPA adopts to implement Sections 1412(b), 1414(c), 1417(a), and 1445(a) of the SDWA.

Section 17.5 also provides that Title VII of the Act and Section 5 of the Administrative Procedure Act (5 ILCS

100/5-35, 5-40 (1998)) do not apply to the Board’s adoption of IIS regulations. The federal SDWA regulations are

found at 40 C.F.R. §§ 141 and 142.

In this action, the Board amended the lead and copper rule and the public notification rules intended to implement

the community-right-to-know provisions.

Please direct any questions regarding this rulemaking to Michael McCambridge at 312/814-6924; e-mail address:

mccambm@ipcb.state.il.us.

Board Adopts Amendments in Amendments to Diesel Opacity Rules Required by P.A. 91-254 and P.A. 91-

865: Amendments to 35 Ill. Adm. Code 240, R01-8

On January 18, 2001, the Board adopted rules to amend 35 Ill. Adm. Code 240. The Illinois General Assembly

adopted legislation in 1999 that amended the diesel smoke opacity tests and procedures under the Illinois Vehicle

Code. See Pub. Act 91-254, eff. July 1, 2000. The law requires the Board to amend its existing diesel smoke

opacity rules at 35 Ill. Adm. Code 240 within eight months of the legislation’s effective date,

i.e

., by February 28,

2001.

On September 7, 2000, the Board adopted its first-notice opinion and order for amendments to its diesel smoke

opacity standards. The proposed amendments were published in the

Illinois Register

on September 22, 2000. See

24 Ill. Reg. 39. The Board held two hearings in this matter during the first-notice period. The Board did not receive

any public comments in this matter. The public comment period expired on November 9, 2000.

The Board adopted a second-notice opinion and order on November 16, 2000, which added definitions for “snap

acceleration test” as well as “affected area” and “vehicle curb weight,” as requested by the Joint Committee on

Administrative Rules (JCAR). JCAR considered the rules at its December 12, 2000 meeting, and issued a certificate

of no objection.

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

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Appellate Update

Third District Appellate Court Affirms the Board in Land and Lakes Co. v. Pollution Control Board, No. 3-

99-0689

On December 28, 2000, in a published opinion, the Third District, in Land and Lakes Co. v. Pollution Control

Board, No. 3-99-0689, affirmed the Board’s decision in Land and Lakes Co. v. Illinois Pollution Control Board and

Waste Management, Inc., (August 5, 1999), PCB 99-136, and Sierra Club v. Illinois Pollution Control Board and

Waste Management, Inc., (August 5, 1999), PCB 99-139, affirming the decision of the Will County Board to grant

siting approval to Waste Management. Inc. (WMI), for the construction of a pollution control facility.

This case involved a proposal to develop a solid waste landfill on the site of the former Joliet Army Ammunition

Plant (Prairie View landfill). The Will County Board ultimately voted to grant WMI’s application based upon the

recommendations of the Pollution Control Facility Committee. The petitioners appealed the Will County Board’s

decision on the grounds that the proceedings had been fundamentally unfair and that the decision to grant the

application was contrary to the manifest weight of the evidence. The Board affirmed the decision of the Will County

Board.

The Appellate Court found that the proceedings were fundamentally fair, after adopting a

de novo

standard of

review. The Court stated that the fundamental fairness of quasi-adjudicative proceedings is outside the scope of any

experience or expertise specific to the Board. “Indeed, it is arguable that this court has superior experience and

expertise regarding this matter,” and deference to the Board is not warranted.

The Court also found that the Will County Board’s decision with respect to several statutory criteria was not against

the manifest weight of the evidence.

Fourth District Appellate Court Affirms the Board in ESG Watts, Inc. v. Pollution Control Board, No. 4-00-

0382

On January 17, 2001, in an unpublished order issued pursuant to Illinois Supreme Court Rule 23 (155 Ill. 2d R. 23),

the Fourth District, in ESG Watts, Inc. v. Pollution Control Board, No. 4-00-0382, affirmed the Board’s decision in

ESG Watts, Inc. v. Illinois Environmental Protection Agency (March 16, 2000), PCB 95-109, affirming the Illinois

Environmental Protection Agency’s (Agency) permit denial.

The case involved a solid waste landfill in Sangamon County, Illinois. On September 16, 1994, ESG Watts, Inc.

(ESG Watts) submitted a significant modification permit application to the Agency. The Agency denied the permit

application, pursuant to Section 39(i) of the Environmental Protection Act (Act) (415 ILCS 5/1

et seq

. (1998)),

based on ESG Watt’s prior experience in waste management operations. The Agency found that ESG Watts had a

prior history of repeated violations of State laws, regulations, and standards concerning the operation of landfills. As

evidence of the repeated violations, the Agency listed 19 administrative citations and cited to People v. Watts

Trucking, Case No. 91 CH 242 (Cir. Ct. Sangamon County).

ESG Watts appealed to the Board, and the Agency moved for summary judgment. The Agency argued that the issue

was answered by the Third District in ESG Watts, Inc. v. Pollution Control Board, 676 N.E.2d 299 (3rd Dist. 1997),

in which the Agency denied seven waste stream permit applications submitted by ESG Watts on the basis of the

same repeated violations it cited in this case. ESG Watts argued that a Section 39(i) evaluation must be done on a

case-by-case basis and must be permit specific. The Board affirmed the Agency’s decision and found that the

Agency correctly relied, in part, upon ESG Watts’ cited violations.

The Fourth District found that the statute directs that a Section 39(i) evaluation must occur sometime before the

issuance of a permit, but does not require a new evaluation prior to the issuance of every permit or provide a time

limit on the evaluation. The Court found that the Agency properly relied on the 19 administrative citations and the

cited court case in its Section 39(i) evaluation in denying the permit.

---

Third District Appellate Court Affirms the Board in Will County Board v. Pollution Control Board, No. 3-99-

0765

On January 24, 2001, in an unpublished order issued pursuant to Illinois Supreme Court Rule 23 (155 Ill. 2d R. 23),

the Third District, in Will County Board v. Pollution Control Board, No. 3-99-0765, affirmed the Board’s decision

in Waste Management of Illinois, Inc. v. Will County Board (September 9, 1999), PCB 99-141, affirming the

Board’s decision to strike a condition from Will County’s approval of Waste Management Inc.’s (WMI) application

for construction of a pollution control facility. The Board had files a motion to publish the decision under Rule 23.

This case involved that same proposal to develop a solid waste landfill on the site of the former Joliet Army

Ammunition Plant (Prairie View landfill) as Land and Lakes v. Pollution Control Board, discussed above.Will

County and WMI entered into a contract to develop Prairie View landfill, and WMI entered an application for site

approval. Will County approved the application, and added a condition that WMI’s operations at another landfill

cease either at its anticipated closure date or the date Prairie View opened, whichever was later. WMI filed a

petition with the Board for review of the added condition. The Board found that the addition of the condition was

against the manifest weight of the evidence. Will County appealed the Board’s decision to the Third District

Appellate Court.

Will County contended that the Board erred in striking the added condition because it was reasonable and necessary

to satisfy criteria in Section 39.2(a) of the Illinois Environmental Protection Act (Act) (415 ILCS 5/1

et seq

. (1998)).

The Court stated that when reviewing Will County’s decision on a siting application, it must determine whether it is

against the manifest weight of the evidence. The Third District noted that the Board relied heavily on the projected

shortfall in disposal capacity to conclude that the added condition was not reasonable and necessary, and agreed with

the Board’s analysis.

Will County also contended that the added condition was necessary to satisfy the criteria which requires that the

proposed facility be consistent with the county’s plan. While finding that Will County did eventually intend to have

one landfill serve its needs, the Third District found that the temporary operation of two landfills was not inconsistent

with the plan, given that the other landfill was slated to close and the lack of capacity. The Court concluded that

under these circumstances, the Board’s finding that the added condition was not reasonable or necessary and was not

against the manifest weight of the evidence.

Third District Appellate Court Affirms the Board in ESG Watts, Inc. v. Pollution Control Board, No. 3-00-

0314

On January 25, 2001, in an unpublished order issued pursuant to Illinois Supreme Court Rule 23 (155 Ill. 2d R. 23),

the Third District, in ESG Watts, Inc. v. Pollution Control Board, No. 3-00-0314, affirmed the Board’s decision in

ESG Watts, Inc. v. Illinois Environmental Protection Agency (March 16, 2000), PCB 95-110, affirming the Illinois

Environmental Protection Agency’s (Agency) permit denial.

The case involves a solid waste landfill in Taylor Ridge, Rock Island County, Illinois. In September 1994, ESG

Watts, Inc. (ESG Watts) submitted a significant modification permit application to the Agency. The Agency denied

the permit application, pursuant to Section 39(i) of the Environmental Protection Act (Act) (415 ILCS 5/1

et seq

.

(1998)), based on 19 administrative citations and one adverse court enforcement action. See People v. Watts

Trucking, Case No. 91 CH 242 (Cir. Ct. Sangamon County); see also ESG Watts, above, where the Agency relied

upon the same administrative citations and enforcement action for denying another permit application. ESG Watts

appealed the Agency’s decision to the Board.

The Agency filed a motion for summary judgment based on ESG Watts, Inc. v. Pollution Control Board, 676 N.E.2d

299 (Third Dist. 1997) (ESG Watts 1997). The Board granted the Agency’s motion. ESG Watts appealed to the

Third District Appellate Court.

---

The Third District stated that when it reviews a grant of summary judgment, it considers the question

de novo

. The

Court found that the violations in ESG Watts 1997 and this case involved the Taylor Ridge landfill, and that ESG

Watts bears the burden of presenting evidence raising a material question of fact. The Court found that ESG Watts

“offers only the bare contention that the prior violations may no longer be relevant to the [Agency’s] decision in this

case, without any factual support for this contention.” The Court accordingly found that summary judgment was

proper, and affirmed the Board’s decision.

IEPA Restricted Status List

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

DIVISION OF WATER POLLUTION CONTROL

RESTRICTED STATUS LIST

In order to comply with 35 Ill. Adm. Code 306.401 and Board Regulations, the Agency has prepared the following

list of facilities, which are on Restricted Status. Restricted Status is defined as the Agency determination that a

sewer or lift station has reached hydraulic capacity or that a sewage treatment plant has reached design capacity, such

that additional sewer connection permits may no longer be issued without causing a violation of the Act or

Regulations. Please note that the list is continually being revised to reflect the current situation. Therefore, if you

have any questions on the capability of a treatment facility or transport system, please contact the Agency for a final

determination. This listing reflects the status as of December 31, 2000.

Facility names followed by an asterisk (*) indicates that construction is underway to ultimately alleviate problems

which resulted in imposition of Restricted Status. Facilities followed by a double asterisk (**) are additions to the

list.

FACILITY NAME

RESPONSIBLE AUTHORITY

COUNTY

REMAINING

CAPACITY

Bourbonnais (Belle Aire Subd.) Village of Bourbonnais Kankakee 0

Camelot Utilities

Wastewater Collection System

Camelot Utilities Will 0

Camp Point

(a portion mh 60-68)

Village of Camp Point Adams 0

Clearview S.D. Clearview S.D. McLean 0

East Alton City of East Alton Madison 0

Farmington City of Farmington Fulton 0

Hinckley STP Village of Hinckley DeKalb 0

Hurst & Blairville Collection

System

City of Hurst Williamson 0

Maple Lawn Homes STP Maple Lawn Homes Woodford 0

Port Byron STP Village of Port Byron Rock Island 0

Rosewood Heights S.D.-

Ninth Street LS

Rosewood Heights S.D. Madison 0

South Palos Twp. SD South Palos Twp. South Palos Twp. 0

Streator STP City of Streator LaSalle/Livingston 0

---

Taylorville-Shawnee Ave.

Pump Station

City of Taylorville Christian 0

Utilities Unlimited Utilities Unlimited Will 0

Washington (Rolling Meadows) City of Washington Tazewell 0

Wauconda-Larksdale LS Village of Wauconda Lake 0

Winnebago-SS overflow to

Westfield LS; East 4 blocks of

Soper St.

Village of Winnebago Winnebago 0

Deletions from previous quarterly report: 0

IEPA Critical Review List

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

DIVISION OF WATER POLLUTION CONTROL

CRITICAL REVIEW LIST

In order to comply with 35 Ill. Adm. Code 306.401 and Board Regulations, the Agency has prepared the following

list of facilities which are on Critical Review. Critical Review is defined as the Agency determination that a sewer or

lift station is approaching hydraulic capacity or that a sewage treatment plant is approaching design capacity such

that additional sewer connection permit applications will require close scrutiny to determine whether issuance would

result in a violation of the Act or Regulations. Please note that these lists are continually being revised to reflect the

current situation. Therefore, if you have any questions on the capability of a treatment facility or transport system,

please contact the Agency for a final determination. This listing reflects the status as of December 31, 2000.

Facility names followed by a double asterisk (**) are additions to the list.

FACILITY

NAME

RESPONSIBLE

AUTHORITY

COUNTY

REMAINING

CAPACITY

PE ADDED

SINCE

LAST LIST

Antioch STP Village of Antioch Lake 2,419 1

Athens STP City of Athens Menard 72 0

Beardstown SD City of Beardstown Cass 1,769 0

Benton-Southeast STP City of Benton Franklin 60 0

Bethalto (L.S. #1) Village of Bethalto Madison 87 0

Bonnie Brae Forest

Manor SD STP

Bonnie Brae Forest

Manor SD

Will 110 0

Carrier Mills Village of Carrier Mills Saline 836 0

Carrollton City of Carrollton Greene 140 0

Chester STP City of Chester Randolph 485 0

Citizens Utilities Co. of Ill.-

Derby Meadows Utility

Co. STP

Citizens Utilities Co. of Ill. Will 0 88

Citizens Utilities Co. of Ill.-

River Grange

Citizens Utilities Co.

of Ill.

Will 10 0

Dakota Village of Dakota Stephenson 90 0

Downers Grove S.D. Downers Grove S.D. DuPage 4,503 41

9

Earlville City of Earlville LaSalle 127 0

---

East Dundee STP Village of E. Dundee Kane 665 24

Elkville Village of Elkville Jackson 6 0

Ferson Creek Utilities Co. Utilities, Inc. Will 70 0

Herscher Village of Herscher Kankakee 300 0

LCPWD-Diamond-

Sylvan STP

County of Lake Public

Works Department

Lake 0 0

Lake Barrington Home

Owners Assn. STP

Lake Barrington Home

Owners Assn.

Lake 80 0

Lindenhurst S.D. Village of Lindenhurst Lake 885 42

7

Moline (North Slope) City of Moline Rock Island 1,151 0

Morris STP City of Morris Grundy 0 30

Mundelein STP Village of Mundelein Lake 0 0

Paris STP City of Paris Edgar 1,681 0

Plainfield STP Village of Plainfield Will 0 63

9

Rock Island (Main) Village of Rock Island Rock Island 4,683 66

Sandwich Village of Sandwich DeKalb/Kendall 681 0

Thompsonville STP Village of Thompsonville Franklin 0 0

Wauconda – Remaining

Collection System

& Lakeview Villa LS

Village of Wauconda Lake *** 25

Deletions from previous quarterly report: 0

***Contact IEPA – Permit Section

Board Actions

January 4, 2001

Via Video Conference Between

Springfield and Chicago, Illinois

Rulemakings

R98-26 In the Matter of: Amendments to 35 Ill. Adm. Code 506 (Livestock Waste

Regulations)(P.A. 90-565) – The Board on its own motion dismissed this docket

as unnecessary. On December 21, 2000, the Board accepted for hearing the

Department of Agriculture’s December 4, 2000 proposal to amend the Board’s

livestock waste regulations in R01-18.

7-0

R, Land

R01-5 In the Matter of: Wastewater Pretreatment 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

wastewater pretreatment regulations.

7-0

R, Water

R01-7 In the Matter of: SDWA 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 public water supply

regulations.

7-0

R, PWS

Administrative Citations

AC 00-72 IEPA v. Carl White – The Board entered an order requiring respondent to pay

the Board’s and the Environmental Protection Agency’s hearing costs in the

amount of $288.70 and $200 respectively, and a civil penalty of $1,500. This

order follows the Board's interim order of November 2, 2000, which found that

this respondent had violated Section 21(p)(1) of the Environmental Protection

Act (415 ILCS 5/21(p)(1) (1998)) at respondent’s Jefferson County facility.

7-0

---

AC 01-13 IEPA v. The Perron Company and Richard Pearce – The Board found that these

Winnebago County respondents violated Section 21(p)(1) of the Act (415 ILCS

5/21/(p)(1) (1998)), and ordered respondents to pay a civil penalty of $1,500.

7-0

AC 01-14 IEPA v. American Disposal Services of Illinois, Inc. and Dave Bryant – The

Board found that these Livingston County respondents violated Section 21(o)(5)

of the Act (415 ILCS 5/21/(o)(5) (1998)), and ordered respondents to pay a civil

penalty of $500.

7-0

Adjudicatory Cases

•

 

Decisions

PCB 97-147 People of the State of Illinois v. J. D. Plating Works, Inc. – In this water and

Resource Conservation and Recovery Act enforcement action concerning a

Lake

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

$10,000

, and ordered respondent to cease and desist from further violations.

7-0

RCRA,

W-E

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. – In this air

enforcement action concerning a

Knox

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 for

Bion Technologies, Inc. (Bion) only, ordered Bion to pay a civil penalty of

$9,000

, and ordered Bion to cease and desist from further violations. This

matter shall proceed to hearing as to the other respondents.

7-0

A-E

---

Provisional Variances

PCB 01-99 Village of Milledgeville v. IEPA – Upon receipt of an Illinois Environmental

Protection Agency recommendation, the Board granted this Carroll County

facility a 45-day provisional variance, subject to conditions, from the effluent

limits set forth in 35 Ill. Adm. Code 304.120(a), 304.141(a), and from the excess

flow limitations of National Pollutant Discharge Elimination System Permit

IL0023345.

7-0

W-V

PCB 01-100 Illinois American Water Company Alton Replacement Facility v. IEPA – Upon

receipt of an Illinois Environmental Protection Agency recommendation, the

Board granted this Madison County facility a 45-day provisional variance,

subject to conditions, from the requirement of a National Pollutant Discharge

Elimination System (NPDES) permit to allow it to bring the replacement plant

into service on December 28, 2000, before its pending NPDES permit has been

finally issued by the Agency.

7-0

W-V,

NPDES

PCB 01-103 CMS Panhandle Eastern Pipe Line Company v. IEPA – Upon receipt of an

Illinois Environmental Protection Agency recommendation, the Board granted

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

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

309.102(a).

7-0

W-V

Motions and Other Matters

PCB 98-26 Dean Foods Company v. IEPA – The Board granted petitioner’s motion for

voluntary dismissal of this permit appeal involving a Winnebago County facility.

7-0

P-A, Air

PCB 99-162 Kelly-Mac Partners v. Robertson-CECO Corporation – The Board granted

complainant's motion for dismissal of this citizen’s underground storage tank

enforcement action involving a Cook County facility.

7-0

UST-E,

Citizens

PCB 00-32 People of the State of Illinois v. Osborn Homes, Inc. – 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 Madison County facility, the Board ordered publication of the

required newspaper notice.

7-0

PWS-E

PCB 00-127 People of the State of Illinois v. Dayne Rogers, an individual, and Black Gold

International – The Board denied complainant’s motion for reconsideration of

the Board’s November 2, 2000 order.

7-0

L-E, Tires

PCB 01-72 Stepan Company v. IEPA – The Board accepted for hearing and granted a stay

of proceedings in this permit appeal involving a Will County facility.

7-0

P-A, Air

PCB 01-86 Robert Gardner and Yvonne Gardner v. Township High School District 211 and

Gerald Chapman, Superintendent – The Board found that the alleged violations

of Section 24 of the Environmental Protection Act (Act) (415 ILCS 5/24 (1998))

and 35 Ill. Adm. Code 900.102 of the Board’s noise rules were neither

duplicitous nor frivolous, dismissed the alleged violation of Section 23 of the Act

(415 ILCS 5/23 (1998)) as frivolous, denied respondents’ motion to dismiss, and

accepted this matter involving a Cook County facility for hearing.

7-0

N-E, Citizens

---

PCB 01-93 Strunk Motor Company v. Office of the State Fire Marshal – The Board denied

petitioner’s request for a 90-day extension of appeal period, consistent with

respondent’s response to it, but accepted petitioner’s request as a timely-filed

petition for review. The Board granted petitioner 30 days in which to retain an

attorney and for that attorney to file an amended petition for review curing

specified informational deficiencies. If petitioner does not file an amended

petition for review on or before February 3, 2001, including proof of service of

the amended petition, this matter will be dismissed, and the docket closed.

7-0

UST-FRD

PCB 01-96 Twin County Service Company v. IEPA – The Board granted this request for a

90-day extension of time to file an underground storage tank appeal on behalf of

this Williamson County facility.

7-0

UST-Appeal

90-Day Ext.

PCB 01-97 People of the State of Illinois v. Ferrara Pan Candy Company, Inc. – Upon

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

to request relief from the hearing requirement in this water enforcement action

involving a Cook County facility, the Board ordered publication of the required

newspaper notice.

7-0

W-E

PCB 01-98 Waste Management of Peoria 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

Tazewell County facility.

7-0

UST-Appeal

90-Day Ext.

January 18, 2001

Via Video Conference Between

Springfield and Chicago, Illinois

Rulemakings

R01-8 In the Matter of: Amendments to Diesel Opacity Rules Required by P.A. 91-254

and P.A. 91-865: Amendments to 35 Ill. Adm. Code 240 – The Board adopted a

final opinion and order to implement amendments to its regulations on

controlling air emissions from motor vehicles.

7-0

R, Air

R01-15 In the Matter of: Amerock Corporation, Rockford Facility for Site-Specific

Rulemaking Petition for Amendment to 35 Ill. Adm. Code 304.303 – The Board

ordered this Winnebago County petitioner to file a second amended petition by

June 29, 2001, or this action will be dismissed. The Board granted in part

petitioner’s request to incorporate the record from docket R87-33 and reserved

ruling on the petitioner’s request to waive the petition signature requirement.

6-0

McFawn

abstained

R, Water

Site-Specific

R01-27 In the Matter of: Site Remediation Program (Amendments to 35 Ill. Adm. Code

740) – The Board accepted for hearing the Illinois Environmental Protection

Agency’s January 12, 2001 proposal to amend the Board’s site remediation

program regulations.

7-0

R, Land

---

Adjusted Standards

AS 00-11 In the Matter of: Petition of Bema Film Systems, Inc. for an Adjusted Standard

from 35 Ill. Adm. Code Sections 218.401(a), (b) and (c) (the “Flexographic

Printing Rule”) – The Board granted this DuPage County facility an adjusted

standard, subject to conditions, from the volatile organic material emission

control requirements found at 35 Ill. Adm. Code 218.401(a), (b), and (c).

7-0

Air

AS 00-12 In the Matter of: Petition of Vonco Products, Inc. for an Adjusted Standard from

35 Ill. Adm. Code Sections 218.401(a), (b) and (c) (the “Flexographic Printing

Rule”) – The Board granted this Lake County facility an adjusted standard,

subject to conditions, from the volatile organic material emission control

requirements found at 35 Ill. Adm. Code 218.401(a), (b), and (c).

7-0

Air

AS 00-13 In the Matter of: Petition of Formel Industries, Inc. for an Adjusted Standard

from 35 Ill. Adm. Code Sections 218.401(a), (b) and (c) (the “Flexographic

Printing Rule”) – The Board granted this Cook County facility an adjusted

standard, subject to conditions, from the volatile organic material emission

control requirements found at 35 Ill. Adm. Code 218.401(a), (b), and (c).

7-0

Air

Administrative Citations

AC 01-12 IEPA v. J & T Recycling and John A. Gordon – In response to a joint stipulation

and settlement agreement in this administrative citation action involving a

Williamson County facility, the Board dismissed Gordon’s petition for review,

and found he had violated Section 21(p)(3) of the Act (415 ILCS 5/21(p)(3)

(1998)). Gordon was ordered to pay a civil penalty of $1,500. Because J & T

Recycling failed to file a petition for review within 35 days of the date of service

as required by Section 31.1(d) of the Act (415 ILCS 5/31.1(d) (1998)), the

Board found that this respondent violated Sections 21(p)(1) and 21(p)(3) of the

Act (415 ILCS 5/21(p)(1), 21(p)(3) (1998)), and ordered respondent to pay a

civil penalty of $1,500.

7-0

AC 01-15 IEPA v. Terry Reynolds d/b/a Reynolds Manufactured Homes and Transport –

The Board found that this Union County respondent violated Section 21(p)(3) of

the Act (415 ILCS 5/21/(p)(3), (1998)), and ordered respondent to pay a civil

penalty of $1,500.

7-0

AC 01-18 IEPA v. Joe Alecci – The Board found that this Franklin County respondent

violated Section 21(p)(1) of the Act (415 ILCS 5/21(p)(1) (1998)), and ordered

respondent to pay a civil penalty of $1,500.

7-0

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

behalf of respondent Flynn, this petition for review of an administrative citation

against these Champaign County respondents. The Board previously accepted a

petition for review on behalf of respondent Parkhill on December 21, 2000.

7-0

---

Adjudicatory Cases

•

 

Decisions

PCB 00-109 People of the State of Illinois v. Arturo Rivero d/b/a Swiss Cleaners – In this air

enforcement action concerning a

Cook

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

$800

, and to cease and desist

from further violations.

7-0

A-E

PCB 00-151 People of the State of Illinois v. Cleveland Steel Container Corporation – In this

air enforcement action concerning a

Will

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

$15,750

, and to cease and desist

from further violations.

7-0

A-E

PCB 00-192 People of the State of Illinois v. Wismarq Corporation – In this air enforcement

action concerning a

Cook

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

$10,000

, and to cease and desist from further

violations.

7-0

A-E

PCB 01-40 People of the State of Illinois v. City of Paris and Francis Associates – In this

public water supply enforcement action concerning an

Edgar

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 total civil penalty of

$6,000

, and to

cease and desist from further violations.

7-0

PWS-E

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

this air enforcement action concerning an

Adams

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

$25,000

, and to cease and desist

from further violations.

7-0

A-E

PCB 01-92 People of the State of Illinois v. Marathon Oil Company – In this public water

supply enforcement action concerning a

Sangamon

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

$22,000

, and to cease and desist

from further violations.

7-0

PWS-E

---

PCB 01-97 People of the State of Illinois v. Ferrara Pan Candy Company, Inc. – In this

water enforcement action concerning a

Cook

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 to cease and desist

from further violations.

7-0

W-E

•

 

Provisional Variance

PCB 01-106 Bway Corporation v. IEPA – Upon receipt of an Illinois Environmental

Protection Agency recommendation, the Board granted this Cook County facility

a 28-day provisional variance, subject to conditions, from 35 Ill. Adm. Code

218.204(b)(1)(B), 218.207(h)(2), and Clean Air Act Permit Program permit

condition 7.2.5.

7-0

A-V

Motions and Other Matters

PCB 96-119 People of the State of Illinois v. We Shred It, Inc. – The Board granted

complainant’s motion for voluntary dismissal of this land enforcement action

involving a Christian County facility.

7-0

L-E

PCB 97-11 People of the State of Illinois v. White & Brewer Trucking – The Board granted

complainant’s motion to stay proceedings until April 18, 2001.

7-0

L,W &

GW-E

PCB 98-156 Richard and Wilma Salyer v. IEPA – The Board denied the motion by Robert A.

Mehrens, P.E. to withdraw exhibit from the record.

7-0

UST-FRD

PCB 00-157 Michael R. Pawlowski and Diane Pawlowski v. Dave Johansen a/k/a David

Johansen, Troy Quinley, and Benchwarmers Pub, Inc. – The Board granted

complainants’ motion for voluntary dismissal of this citizens’ noise enforcement

action involving a Livingston County facility.

7-0

N-E, Citizens

PCB 00-161 People of the State of Illinois v. Home State Bank, N.A., as Trustee of Trust No.

1466 and Ethyl A. Veugeler as the Beneficiary of Trust No. 1466 – The Board

granted complainant’s motion to voluntarily dismiss Home Bank as Trustee of

Trust No. 1466, and acknowledged receipt of the remaining parties’ proposed

stipulation and settlement agreement and an agreed motion to request relief from

the hearing requirement in this land enforcement action involving a McHenry

County facility. The Board ordered publication of the required newspaper

notice.

7-0

L-E

PCB 00-171 People of the State of Illinois v. City of Charleston – Upon receipt of a proposed

stipulation and settlement agreement and an agreed motion to request relief from

the hearing requirement in this water enforcement action involving a Coles

County facility, the Board ordered publication of the required newspaper notice.

7-0

W-E

PCB 00-187 Broderick Teaming Company v. IEPA – The Board granted petitioner’s motion

for extension of time to file a response to the Illinois Environmental Protection

Agency’s January 12, 2001 motion for reconsideration as well as its own motion

for reconsideration of the Board’s December 7, 2000 order.

7-0

UST-FRD

---

PCB 00-209 People of the State of Illinois v. Cro-Mat 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 Cook County

facility, the Board ordered publication of the required newspaper notice.

7-0

A-E

PCB 00-212 People of the State of Illinois v. Kenneth Morrison – The Board granted

complainant’s motion for summary judgment for the cost of corrective action and

ordered respondent to reimburse the Illinois Environmental Protection Agency in

the amount of $30,902.52 for costs incurred in the clean up of accumulated used

and waste tires at a site located at or near Coalville Road, Streator, Livingston

County, Illinois. The Board directed that a hearing be held as expeditiously as

practicable on the issue of whether and what amount in punitive damages should

be imposed on respondent.

7-0

CR-E

PCB 01-8 People of the State of Illinois v. Larry Barry, Inc. d/b/a Larry’s Marathon

Warehouse – Upon receipt of a proposed stipulation and settlement agreement

and an agreed motion to request relief from the hearing requirement in this land

enforcement action involving a Christian County facility, the Board ordered

publication of the required newspaper notice.

7-0

L-E

PCB 01-50 Gilberts Citgo, L.L.C. v. IEPA, Wheeling Trust & Savings Bank a/k/a Cole

Taylor Bank, as Trustee and John Caporaso – The Board granted petitioner 60

days to demonstrate that the requested water well setback exception (WWSE)

will not cause a significant pollution hazard, and that it will suffer an arbitrary or

unreasonable hardship if the WWSE is denied.

5-2

Girard and

McFawn

dissented

WWS

PCB 01-52 Perbio Science, AB d/b/a Pierce Chemical Company v. IEPA – The Board

denied petitioner’s motion to reconsider or vacate and affirmed its November 16,

2000 order, which dismissed this case and closed the docket.

7-0

P-A, RCRA

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

petitioner’s motion for summary judgment, request for sanctions, and the request

to order the Illinois Environmental Protection Agency to proceed under Section

31 of Act. 415 ILCS 5/31 (1998). The Board directed that this matter proceed

to hearing.

7-0

P-A, NPDES

PCB 01-78 Morton International, Inc. v. IEPA – Having previously granted a request for a

90-day extension, the Board dismissed this matter because no permit appeal was

filed on behalf of this McHenry County facility.

7-0

Air, P-A

PCB 01-82 General Motors Corporation, Electro-Motive Division v. IEPA – Having

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

matter because no permit appeal was filed on behalf of this Cook County facility.

7-0

Air, P-A

PCB 01-88 IBP, Inc. (Joslin Facility) v. IEPA – The Board vacated its order of December 7,

2000, and granted the parties’ request to extend the appeal period to and

including March 1, 2001, which is the 125th day following the Illinois

Environmental Protection Agency’s permit issuance on October 27, 2000.

7-0

Air, P-A, 90-

Day Ext.

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PCB 01-101 Marathon Oil Company v. IEPA – The Board granted this request for a 90-day

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

DuPage County facility.

7-0

UST-FRD

90-Day Ext.

PCB 01-102 Cassens & Sons, Inc. v. IEPA – The Board granted this request for a 90-day

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

Madison County facility.

7-0

UST-FRD

90-Day Ext.

PCB 01-104 People of the State of Illinois v. City of Waukegan –The Board accepted for

hearing this water enforcement matter involving a Lake County facility.

7-0

W-E

PCB 01-105 Pete’s Marathon 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

Marion County facility.

7-0

UST-FRD

90-Day Ext.

New Cases

January 4, 2001 Board Meeting

01-96

Twin County Service Company v. IEPA – The Board granted this request for a 90-day extension of time to

file an underground storage tank appeal on behalf of this Williamson County facility.

01-97

People of the State of Illinois v. Ferrara Pan Candy Company, Inc. – Upon receipt of a proposed stipulation

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

enforcement action involving a Cook County facility, the Board ordered publication of the required newspaper

notice.

01-98

Waste Management of Peoria 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 Tazewell County facility.

01-99

Village of Milledgeville v. IEPA – Upon receipt of an Illinois Environmental Protection Agency

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

from the effluent limits set forth in 35 Ill. Adm. Code 304.120(a), 304.141(a), and from the excess flow limitations

of National Pollutant Discharge Elimination System Permit IL0023345.

01-100

Illinois American Water Company Alton Replacement Facility v. IEPA – Upon receipt of an Illinois

Environmental Protection Agency recommendation, the Board granted this Madison County facility a 45-day

provisional variance, subject to conditions, from the requirement of a National Pollutant Discharge Elimination

System (NPDES) permit to allow it to bring the replacement plant into service on December 28, 2000, before its

pending NPDES permit has been finally issued by the Agency.

01-103

CMS Panhandle Eastern Pipe Line Company v. IEPA – Upon receipt of an Illinois Environmental Protection

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

conditions, from the effluent limits set forth in 35 Ill. Adm. Code 304.141(b) and 309.102(a).

AC 01-22

IEPA v. Leroy P. David – The Board accepted this petition for review of an administrative citation against

this Peoria County respondent.

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January 18, 2001 Board Meeting

01-101

Marathon Oil Company v. IEPA – The Board granted this request for a 90-day extension of time to file an

underground storage tank appeal on behalf of this DuPage County facility.

01-102

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

underground storage tank appeal on behalf of this Madison County facility.

01-104

People of the State of Illinois v. City of Waukegan –The Board accepted for hearing this water enforcement

matter involving a Lake County facility.

01-105

Pete’s Marathon 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 Marion County facility.

01-106

Bway Corporation v. IEPA – Upon receipt of an Illinois Environmental Protection Agency recommendation,

the Board granted this Cook County facility a 28-day provisional variance, subject to conditions, from 35 Ill. Adm.

Code 218.204(b)(1)(B), 218.207(h)(2) and Clean Air Act Permit Program permit condition 7.2.5.

AC 01-23

County of LaSalle v. Clarence and Janet Benson – The Board accepted an administrative citation against

these LaSalle County respondents.

AC 01-24

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

Washington County respondents.

AC 01-25

County of LaSalle v. Mike and Janet Brown – The Board accepted an administrative citation against these

LaSalle County respondents.

R 01-27

In the Matter of: Site Remediation Program (Amendments to 35 Ill. Adm. Code 740) – The Board accepted

for hearing the Illinois Environmental Protection Agency’s January 12, 2001 proposal to amend the Board’s site

remediation program regulations.

Calendar

2/1/2001

11:00 am

Illinois Pollution Control Board Meeting James R, Thompson Center

100 W. Randolph St.

Room 9-040

Chicago, Illinois

2/6/2001

9:30 am

R01-13 In the Matter of: Revisions to

Antidegradation Rules: 35 Ill. Adm. Code

302.105, 303.205, 303.206 and 106.990-

106.995

James R. Thompson Center

100 W. Randolph St.

Room 9-040

Chicago, Illinois

2/15/2001

11:00 am

Illinois Pollution Control Board Meeting James R. Thompson Center

100 W. Randolph St.

Room 9-040

Chicago, Illinois

2/26/2001

9:30 am

PCB 97-234 Antonio D. H. Nam v. Kikon Suh Niles Village Hall

2nd Floor

1000 Civic Center Drive

Niles, Illinois

2/27/2001

9:00 am

R01-026 In the matter of: Amendments to

Regulation of Petroleum Leaking

Underground Storage Tanks: 35 Ill. Adm.

Code 732

Illinois Pollution Control Board

Hearing Room 403

600 S. Second St.

Springfield, Illinois

---

2/28/2001

9:00 am

R01-27

R01-29

(consol.)

In the Matter of: Site Remediation

Program: Amendments to 35 Ill. Adm.

Code 740

Illinois Pollution Control Board

Hearing Room 403

600 S. Second St.

Springfield, Illinois

2/28/2001

9:30 am

PCB 01-068 Roger Stone v. IEPA and Naperville Park

District

Naperville City Council

Chambers

400 South Eagle

Naperville, Illinois

3/1/2001

11:00 am

Illinois Pollution Control Board Meeting Illinois Pollution Control Board

Hearing Room 403

600 S. Second St.

Springfield, Illinois

3/1/2001

9:30 am

PCB 01-068 Roger Stone v. IEPA and Naperville Park

District

Naperville City Council

Chambers

400 South Eagle

Naperville, Illinois

3/1/2001

2:00 pm

R01-14 In the matter of: Proposed MTBE

Groundwater Quality Standards

Amendments: 35 Ill. Adm. Code 620

Illinois Pollution Control Board

Hearing Room 403

600 S. Second St.

Springfield, Illinois

3/2/2001

9:30 am

PCB 01-68 Roger Stone v. IEPA and Naperville Park

District

Naperville City Council

Chambers

400 South Eagle

Naperville, Illinois

3/13/2001 AS 01-1 Petition of City of Elgin for an Adjusted

Standard from 35 Ill. Adm. Code 304.125

and 302.204

Kane County Courthouse

100 S. Third St., Room 140

Geneva, Illinois

3/15/2001

11:00 am

Illinois Pollution Control Board Meeting James R. Thompson Center

100 W. Randolph St.

Room 9-040

Chicago, Illinois

4/3/2001

10:00 am

R01-026 In the Matter of: Amendments to

Regulation of Petroleum Leaking

Underground Storage Tanks: 35 Ill. Adm.

Code 732

James R. Thompson Center

100 W. Randolph St.

Room 2-025

Chicago, Illinois

4/4/2001

9:30 am

R01-27

R01-29

(consol.)

In the Matter of: Site Remediation

Program: Amendments to 35 Ill. Adm.

Code 740

James R. Thompson Center

100 W. Randolph St.

Room 9-040

Chicago, Illinois

4/5/2001

11:00 am

Illinois Pollution Control Board Meeting James R. Thompson Center

100 W. Randolph St.

Room 2-025

Chicago, Illinois

4/5/2001

1:30 pm

R01-014 In the Matter of: Proposed MTBE

Groundwater Quality Standards

Amendments: 35 Ill. Adm. Code 620

James R. Thompson Center

100 W. Randolph St.

Room 8-033

Chicago, Illinois

4/19/2001

11:00 am

Illinois Pollution Control Board Meeting James R. Thompson Center

100 W. Randolph St.

Room 9-040

Chicago, Illinois

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

Environmental Register Comment Card

The Illinois Pollution Control Board is an independent

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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