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
Web Site: http://www.ipcb.state.il.us
Letter from the Chairman
As the first half of this session of the 92nd General Assembly rapidly
approaches legislative deadlines, the Board continues to monitor all
environmentally related bills as they move through the legislative process.
Much of the environmentally related legislation under consideration by
lawmakers focuses on coal-fired power plant emission reductions, water
resources, cumulative effects of pollution sources, petroleum underground
storage tank remediation, alternative fuels, and the banning of methyl tertiary
butyl ether (MTBE).
Some of the specific environmentally related bills that the Board is monitoring
at this time include:
SB 372 (Radogno):
The bill deals with emission reductions for coal-fired power plants.
HB 927 (Winkel):
The bill would require the Department of Natural Resources (DNR) to conduct a study to (1)
develop an understanding of the geology of each aquifer in the State; (2) determine the groundwater flow through
the geologic units and the interaction of groundwater with surface waters; and (3) determine the chemistry of the
geologic units and the groundwater in those units. It would also require DNR to develop geologic and groundwater
flow models for each underground aquifer in the State based upon information obtained from the study. In addition,
the bill would require that the aquifer study analyze current groundwater withdrawals.
SB 150 (O’Malley):
This bill would create the Northeastern Illinois Nonattainment Area Planning Council. The
Council’s duties would include, but not be limited to, developing standards for the Illinois Environmental Protection
Agency (Agency) to use in the review of permit applications for the cumulative effect of a facility and for the
cumulative effect of air, water, land, and noise pollutants.
HB 2575 (Novak):
The bill would delete the current classification system in Title XVI (Leaking Underground
Storage Tanks) of the Environmental Protection Act, and require that remediation objectives be developed utilizing
the Tiered Approach Corrective Action Objectives regulations.
HB 2 (Novak):
This bill would require the Agency to establish the Alternate Fuel Infrastructure Program. It would
be a grant program to provide funding for the building of E85 blend, propane, and compressed natural gas fueling
facilities to be built within a specified area. The bill would further provide that the Agency would administer, in
cooperation with the Department of Commerce and Community Affairs and Chicago Area Clean Cities, the Clean
Fuel Education Program. The purpose of this program is to educate fleet administrators and Illinois' citizens about
the benefits of using alternate fuels.
HB 171 (Curry, Julie) & SB 364 (Noland):
These identical bills would create the MTBE Elimination Act. Both
provide that
beginning in three years (after the effective date of these Acts), no person would be allowed to use,
manufacture, or sell MTBE as a fuel additive or transport fuel containing MTBE in Illinois. In addition, these bills
would direct the Agency to cooperate with USEPA, other federal, State and local government agencies, and private
entities to develop accurate and improved MTBE groundwater testing methodologies and to develop more efficient
and cost effective remediation procedures for public water supplies and sources contaminated with MTBE.
Please be advised that at this stage in the legislative process language in bills can change at anytime. Therefore, we
recommend that you visit the Board’s Web site at www.ipcb.state.il.us
for additional detailed information regarding
environmentally related legislation. The bills tracked by the Board are listed under the Legislation section on the
Board’s Web site.
In addition to monitoring legislation, the Board continues its regular work. In April, the Board will be holding
hearings on proposed Amendments to Livestock Waste Regulations (R01-28). These proposed rules establish
design and construction standards for livestock waste lagoons and livestock waste handling facilities other than
lagoons. The rules also amend or delete the Board’s provisions now superseded by the Department of Agriculture’s
Part 900 rules (Subparts A, D, E, F, G).
The Board is also holding a hearing on MTBE Groundwater Standards Amendments (R01-14). The Agency is
proposing amendments to the Board’s existing groundwater regulations. The Agency is specifically proposing
adoption of groundwater standards for MTBE.
Hearings will be held on Site Remediation Program Amendments (R01-27 and R01-29) in April. In docket R01-27,
the Agency is proposing to clarify and refine certain provisions in the Underground Storage Tank Program. In
docket R01-29, the Agency is proposing to update and clarify the existing Site Remediation Program and add
MTBE to the Volatile Organics Analytical Parameters list.
If you have any questions about legislation the Board is monitoring or Board matters, you may contact the Board’s
Public Information Officer, Connie Newman, at (217) 782-7630 or by email at newmanc@ipcb.state.il.us.
Sincerely,
Claire A. Manning, Chairman
Environmental Register – March 2001
1
Inside This Issue:
FEDERAL UPDATE
P. 1
RULE UPDATE
P. 5
BOARD ACTIONS
P. 6
NEW CASES
P. 10
BOARD CALENDAR
P. 12
Federal Update
United States Environmental Protection Agency Proposes
De Minimis
Exemption for Laboratory Essential
Uses for Calendar Year 2001 under the Clean Air Act
On March 13, 2001, USEPA proposed an exemption for laboratory and analytical essential uses for calendar year
2001. 66 Fed. Reg. 14771. USEPA determined that an allowance for laboratory and analytical essential uses,
which allows for the production and import of class I stratospheric ozone depleting substances (ODSs) beyond the
phase-out of these substances, is permissible under the Clean Air Act (42 U.S.C. §§ 7401
et seq
. (1998)) as a
de
minimis
exemption.
USEPA proposed to amend the regulations on import and pr
allocating a general global exemption for class I ODSs for laboratory and analytical essential uses for the year 2001.
The action would allow for the continued import and production of class I ODSs for laboratory uses where there are
no sufficient substitutes. These laboratory uses include numerous analytical methods necessary for protecting
public health and the environment.
Comments must be received by April 12, 2001. For further information contact Margaret Sheppard at 202/564-
9163; e-mail address: sheppard.margaret@epa.gov. As discussed immediately below, USEPA has also adopted the
regulations as a direct final rule without prior proposal because it views the revisions as non-controversial and does
not anticipate any significant adverse comments.
If amendments to the Illinois air rules are necessary, the Board would expect the Illinois Environmental Protection
Agency to propose amendments 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
De Minimis
Exemption for Laboratory Essential
Uses for Calendar Year 2001 under the Clean Air Act in Final Rule
On March 13, 2001, USEPA adopted an exemption for laboratory and analytical essential uses for calendar year
2001 in a direct final rule. 66 Fed. Reg. 14759. USEPA has determined that an allowance for laboratory and
analytical essential uses, which allows for the production and import of class I stratospheric ozone depleting
nces, is allowable under the Clean Air Act (42 U.S.C. §§
7401
et seq
. (1998)) as a
de minimis
exemption.
Based on specific findings, USEPA is amending the regulations on import and production of ODSs to reflect this
determination and allocating a general global exemption for class I ODSs for laboratory and analytical essential uses
for the year 2001. The action allows for the continued import and production of class I ODSs for essential
laboratory uses necessary for protecting public health and the environment.
The final rule is effective on May 14, 2001 without further notice, unless USEPA receives adverse comment by
April 12, 2001. For further information contact Margaret Sheppard at 202/564-9163; e-mail address:
sheppard.margaret@epa.gov.
Environmental Register – March 2001
2
If amendments to the Illinois air rules are necessary, the Board would expect the Illinois Environmental Protection
Agency to propose amendments using the Clean Air Act “fast-track” procedures at Section 28.5 of the
Environmental Protection Act (415 ILCS 5/28.5 (1998)). USEPA is adopting the regulations as a direct final rule
without prior proposal because it views the revisions as non-controversial and does not anticipate and significant
adverse comments. If adverse comments are received, USEPA will withdraw the direct final rule and utilize the
proposal reported above.
United States Environmental Protection Agency Reclassifies the St. Louis Ozone Non-attainment Area From
“Moderate” to “Serious”
On March 19, 2001, USEPA finalized its finding that the St. Louis ozone non-attainment area (St. Louis area) failed
to attain the one-hour ozone national ambient air quality standard (NAAQS or standard) by November 15, 1996, the
attainment date for moderate non-attainment areas set forth in the Clean Air Act (CAA) (42 U.S.C. §§ 7401
et seq
.
(1998)). 66 Fed. Reg. 15577.
By operation of law, the St. Louis area is to be reclassified from a “moderate” to a “serious” non-attainment area on
the rule’s effective date of May 18, 2001. In addition, USEPA is requiring Missouri and Illinois to submit State
Implementation Plan (SIP) revisions addressing the CAA's pollution control requirements for serious ozone non-
attainment areas by May 18, 2002 and establishing November 15, 2004, as the date by which the St. Louis area must
attain the ozone NAAQS.
In a separate action entitled “Proposed Effective Date Modification for Determination of Non-attainment as of
November 15, 1996, and Reclassification of the St. Louis Ozone Non-attainment Area; States of Missouri and
Illinois,” USEPA proposed to delay the effective date of this rule until June 29, 2001. In that action, USEPA also
sets forth its intent to propose to withdraw this final determination and reclassification. If USEPA grants the states
an attainment date extension before the effective date of this reclassification rule, Missouri and Illinois are in the
concluding stage of a process that could culminate in USEPA final action on an attainment date extension. This
extension, if granted, would allow the area to remain classified as a moderate non-attainment area.
In an Order issued January 29, 2001, and amended on February 14, 2001, the United States District Court for the
District of Columbia directed USEPA to determine, by March 12, 2001, whether the St. Louis area had attained the
applicable ozone standard under the CAA, and ordered USEPA to publish the required notice, if any, that results
from its determination by March 20, 2001. Sierra Club v. Whitman, No. 98- 2733. The determination is intended
to comply with the court's order.
The rule becomes effective on May 18, 2001. For further information contact Edward Doty at 312/886-6057.
If amendments to the Illinois air rules are necessary, the Board would expect the Illinois Environmental Protection
Agency to propose amendments using the Clean Air Act “fast-track” procedures at Section 28.5 of the
Environmental Protection Act (415 ILCS 5/28.5 (1998)).
United States Environmental Protection Agency Proposes National Emission Standards for Hazardous Air
Pollutants for Ferroalloys Production: Ferromanganese and Silicomanganese under the Clean Air Act
On March 22, 2001, USEPA proposed amendments to the national emission standards for hazardous air pollutants
(NESHAP) for ferroalloys production: ferromanganese and silicomanganese in a final rule under the authority of
the Clean Air Act (42 U.S.C. §§ 7401
et seq
. (1998)). 66 Fed. Reg. 16024.
The amendments establish new emission limitations for ferromanganese and silicomanganese production in open
submerged arc furnaces. Four subcategories were established within this category of furnaces specifying numerical
emission limitations for particulate matter (PM) for each to account for differences in emission potential and
control, furnace size, operating conditions, and alloy type.
Environmental Register – March 2001
3
Comments must be received by April 23, 2001. For further information contact Conrad Chin at 919/541-1512; e-
mail address: chin.conrad@epa.gov. As discussed immediately below, USEPA has also adopted the regulations as
a direct final rule without prior proposal because it views the revisions as non-controversial and does not anticipate
any significant adverse comments.
Pursuant to Section 9.1(b) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(b) (1998)), once adopted by
USEPA, NESHAP rules are applicable and enforceable under the Act without further action by the Board.
United States Environmental Protection Agency Adopts National Emission Standards for Hazardous Air
Pollutants for Ferroalloys Production: Ferromanganese and Silicomanganese in Final Rule under the Clean
Air Act
On March 22, 2001, USEPA adopted amendments to the national emission standards for hazardous air pollutants
(NESHAP) for ferroalloys production: ferromanganese and silicomanganese in a final rule under the authority of
the Clean Air Act (42 U.S.C. §§ 7401
et seq
. (1998)). 66 Fed. Reg. 16007.
The amendments establish new emission limitations for ferromanganese and silicomanganese production in open
submerged arc furnaces. Four subcategories were established within this category of furnaces specifying numerical
emission limitations for particulate matter (PM) for each to account for differences in emission potential and
control, furnace size, operating conditions, and alloy type. USEPA adopted the amendments as a direct final rule
because it views the amendments as non-controversial and anticipates no adverse comments.
The direct final rule becomes effective on May 21, 2001 without further notice, unless USEPA receives adverse
comment by April 23, 2001. For further information contact Conrad Chin at 919/541-1512; e-mail address:
chin.conrad@epa.gov. USEPA is adopting the regulations as a direct final rule without prior proposal because it
views the revisions as non-controversial and does not anticipate and significant adverse comments. If adverse
comments are received, USEPA will withdraw the direct final rule and utilize the proposal reported above.
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 Emission Standards for Hazardous Air
Pollutants General Provisions and Requirements for Control Technology Determinations for Major Sources
under the Clean Air Act
On March 16, 1994, USEPA promulgated general provisions for national emission standards for hazardous air
pollutants (NESHAP) and other regulatory requirements that are established under Section 112 of the Clean Air Act
(CAA) (42 U.S.C. §§ 7401
et seq
. (1998)). 59 Fed. Reg. 12408. On March 23, 2001, USEPA proposed
amendments to the general provisions that would revise and clarify several of the current provisions.
In addition, USEPA proposed amendments to rules that establish equivalent emission limitations by permit under
Section 112(j) of the CAA. The Section 112(j) rule establishes requirements and procedures for owners or
operators of major sources of hazardous air pollutants, and permitting authorities, to comply with Section 112(j).
The Section 112(j) rule was promulgated on May 20, 1994 (59 Fed. Reg. 26429).
Comments must be received by May 22, 2001. If anyone contacts USEPA by April 2, 2001 requesting a public
hearing, one will be held on April 23, 2001. For further information contact James Szykman at 919/541-5469, e-
mail address: szykman.jim@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.
Environmental Register – March 2001
4
United States Environmental Protection Agency Delays Effective Date of National Primary Drinking Water
Regulations for Arsenic and Clarifications to Compliance and New Source Contaminants Monitoring Until
May 22, 2001
In accordance with the memorandum of January 20, 2001, from the Assistant to the President and Chief of Staff,
entitled “Regulatory Review Plan,” published in the
Federal Register
on January 24, 2001, on March 23, 2001,
USEPA temporarily delayed for 60 days the effective date of the rule entitled National Primary Drinking Water
Regulations; Arsenic and Clarifications to Compliance and New Source Contaminants Monitoring, published in the
Federal Register
on January 22, 2001 (66 Fed. Reg. 6976). 66 Fed. Reg. 16134.
The delayed rule establishes 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 (10 ug/ L) for public water systems. In
addition, it clarifies monitoring and demonstration of compliance for new systems or sources of drinking water. It
also clarifies compliance for state-determined monitoring after exceedances for inorganic, volatile organic, and
synthetic organic contaminants. Finally, it recognizes 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 effective date of the National Primary Drinking Water Regulations; Arsenic and Clarifications to Compliance
and New Source Contaminants Monitoring, amending 40 C.F.R. Parts 9, 141 and 142, published in the
Federal
Register
on Monday, January 22, 2001, at 66 Fed. Reg. 6976, is delayed for 60 days, from the originally scheduled
effective date of March 23, 2001, to a new effective date of May 22, 2001. For further information contact Cynthia
Dougherty at 202/260-5543.
The Board will include any necessary amendments to the Illinois public water supply rules 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)).
United States Environmental Protection Agency Adopts Control of Emissions of Hazardous Air Pollutants
from Mobile Sources in Final Rule
On March 29, 2001, USEPA adopted regulations for the control of emissions of hazardous air pollutants (HAP)
from mobile sources in a final rule. 66 Fed. Reg. 17229.
The action addresses emissions of HAPs from motor vehicles and their fuels. Motor vehicles are significant
contributors to national emissions of several HAP, notably benzene, formaldehyde, 1,3-butadiene, acetaldehyde,
and diesel particulate matter and diesel exhaust organic gases. USEPA listed 21 compounds emitted from motor
vehicles that are known or suspected to cause cancer or other serious health effects. The Mobile Source Air Toxics
(MSAT) list includes various volatile organic compounds and metals, as well as diesel particulate matter (PM) and
diesel exhaust organic gases.
In the action, USEPA also examined the mobile source contribution to national inventories of these emissions and
the impacts of existing and newly promulgated mobile source control programs, including the reformulated gasoline
(RFG) program, national low emission vehicle standards, Tier 2 motor vehicle emissions standards and gasoline
sulfur control requirements, and the proposed heavy-duty engine and vehicle standards and on-highway diesel fuel
sulfur control requirements. Between 1990 and 2020, USEPA projects that these programs will reduce on-highway
emissions of benzene, formaldehyde, 1,3-butadiene, and acetaldehyde by 67 to 76 percent, and will reduce on-
highway diesel PM emissions by 90 percent. The action also finalizes new gasoline toxic emission baseline
requirements that require refiners to maintain current levels of over-compliance with toxic emissions performance
standards that apply to federal RFG and anti-dumping standards that apply to conventional gasoline.
Environmental Register – March 2001
5
USEPA is not setting additional vehicle-based air toxics controls at this time because the technology-forcing Tier 2
light-duty vehicle standards and those standards being developed in response to the recent proposal for heavy-duty
engine and vehicle standards represent the greatest degree of toxics control achievable at this time considering
existing standards, the availability and cost of the technology, and noise, energy, and safety factors, and lead time.
Finally, because of continuing concern about the potential health impacts of public exposure to air toxics, the action
also describes a Technical Analysis Plan through which USEPA will continue to improve its understanding of the
risk posed by air toxics to public health and welfare.
The final rule becomes effective May 29, 2001. For further information contact Margaret Borushko at 734/214-
4334; e-mail address: borushko.margaret@epa.gov.
Pursuant to Section 9.1(b) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(b) (1998)), once adopted by
USEPA, NESHAP rules are applicable and enforceable under the Act without further action by the Board.
Rule Update
Board Adopts Amendments in Proposed New 35 Ill. Adm. Code 217.Subpart T, Cement Kilns, and
Amendments to 35 Ill. Adm. Code 211 and 217, R01-11
On March 1, 2001, the Board adopted regulations to implement a program to reduce nitrogen oxides (NOx)
emissions from large cement kilns in Illinois. The program applies to emissions that occur during the period of May
31, 2004 to September 30, 2004, and then from May 1 to September 30 of subsequent years.
The regulations adopted are substantially similar to the proposal filed with the Board by the Illinois Environmental
Protection Agency (Agency) on August 21, 2000. The Agency proposed to amend 35 Ill. Adm. Code 211 and 217
of the Illinois air regulations. The Agency also proposed to have the Board add a new Subpart T to Part 217 and to
make various conforming amendments to Parts 211 and 217. On August 24, 2000, the Board adopted the Agency
proposal for first notice. The Secretary of State then published the proposal in the
Illinois Register
on September 8,
2000. See 24 Ill. Reg. 13,563. On December 21, 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 February 21,
2001, JCAR voted a certificate of no objection.
The Environmental Protection Act (Act) at Section 9.9 requires that the Board adopt regulations limiting NOx
emissions from cement kilns. 415 ILCS 5/9.9(b) (1998). The adopted regulations are also part of the State’s overall
strategy to improve air quality as required by the federal Clean Air Act (CAA) including the CAA Amendments of
1990 (42 U.S.C. §§ 7401
et seq.
(1990)). In particular, this rulemaking will assist Illinois in attaining statewide
compliance with the one-hour National Ambient Air Quality Standards for ozone.
For additional information contact Joel Sternstein at 312/814-3665; e-mail address: sternstj@ipcb.state.il.us.
Board Dismisses
Exemptions from the Definition of VOM Update, USEPA Regulations (July 1, 2000 through
December 31, 2000), R01-19
Section 9.1(e) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(e) (1998)) requires the Board to adopt
regulations which are “identical in substance,” as defined at Section 7.2 of the Act (415 ILCS 5/7.2 (1998)), to
exemptions from the definition of “volatile organic material” (VOM), those compounds that USEPA has found to
be exempted from regulation under state implementation plans for ozone due to negligible photochemical reactivity.
USEPA has codified these exemptions as part of its definitions at 40 C.F.R. § 51.100(s). During the period July 1
through December 31, 2000, USEPA did not amend its definition of VOM. Therefore, no action was necessary,
and the Board dismissed the docket.
For additional information contact Mike McCambridge at 312/814-6924; e-mail address:
mccambm@ipcb.state.il.us.
Environmental Register – March 2001
6
Board Dismisses
RCRA Subtitle D Update, USEPA Regulations (July 1, 2000 through December 31, 2000),
R01-22
Section 22.40(a) of the Environmental Protection Act (Act) (415 ILCS 5/22.40(a) (1998)) requires the Board to
adopt regulations that are “identical in substance,” as defined at Section 7.2 of the Act, to municipal solid waste
landfill (MSWLF) regulations that USEPA adopted to implement Subtitle D of the Resource Conservation and
Recovery Act of 1976 (42 U.S.C §§ 6941-6949 (1998)). USEPA has codified the federal MSWLF rules as 40
C.F.R. 258. During the period July 1 through December 31, 2000, USEPA did not amend its MSWLF rules.
Therefore, no action was necessary, and the Board dismissed the docket.
For additional information contact Mike McCambridge at 312/814-6924; e-mail address:
mccambm@ipcb.state.il.us.
Board Dismisses
UST Update, USEPA Regulations (July 1, 2000 through December 31, 2000), R01-24
Section 22.4(d) of the Environmental Protection Act (Act) (415 ILCS 5/22.4(d) (1998)) requires the Board to adopt
regulations which are “identical in substance,” as defined at Section 7.2 of the Act (415 ILCS 5/7.2 (1998)), to
underground storage tank (UST) regulations promulgated by the USEPA pursuant to Section 9003 of the federal
Resource Conservation and Recovery Act of 1976 (RCRA) as amended, 42 U.S.C. § 6993 (1998), to implement
Subtitle I of RCRA (42 U.S.C. §§ 6991
et seq
. (1998)), with certain limitations. USEPA has codified its UST
regulations at 40 C.F.R. 281 through 283. During the period July 1 through December 31, 2000, USEPA did not
amend its UST regulations. Therefore, no action was necessary, and the Board dismissed the docket.
For additional information contact Mike McCambridge at 312/814-6924; e-mail address:
mccambm@ipcb.state.il.us.
Board Actions
March 1, 2001
Springfield, Illinois
Rulemakings
R01-11 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 final
opinion and order to amend its air pollution control regulations to implement a
program to reduce nitrogen oxides emissions from large cement kilns in Illinois.
6-0
Lawton
abstained
R, Air
R01-19 Exemptions from the Definition of VOM Update, USEPA Amendments (July 1,
2000 through December 31, 2000) – The Board dismissed this reserved
identical-in-substance docket because the USEPA did not amend its exemptions
from the definition of volatile organic material regulations during the update
period.
7-0
R, Air
R01-22 RCRA Subtitle D Update, USEPA Amendments (July 1, 2000 through
December 31, 2000) – The Board dismissed this reserved identical-in-substance
docket because the USEPA did not amend its non-hazardous waste regulations
during the update period.
7-0
R, Land
Environmental Register – March 2001
7
R01-24 UST Update, USEPA Amendments (July 1, 2000 through December 31, 2000) –
The Board dismissed this reserved identical-in-substance docket because the
USEPA did not amend its underground storage tank regulations during the
update period.
7-0
R, Land
Administrative Citations
AC 01-16
AC 01-17
Sangamon County v. Everett Daily – The Board on its own motion consolidated
these administrative citations for the purpose of hearing.
7-0
AC 01-26 IEPA v. Jack Busby – The Board accepted this petition for review of an
administrative citation against this Marion County respondent.
7-0
AC 01-27 IEPA v. Robert Swan & Perry Swan – The Board granted the Illinois
Environmental Protection Agency’s motion to withdraw this administrative
citation against these Cass County respondents.
7-0
Motions and Other Matters
PCB 98-11 Federal Street Construction (Society of Danube Swabians) v. IEPA – The Board
granted respondent’s motion for dismissal of this underground storage tank
appeal involving a Cook County facility.
7-0
UST-Appeal
PCB 98-113
PCB 99-28
PCB 99-158
(Cons.)
Clayton Chemical Acquisition Limited Liability Company d/b/a Resource
Recovery Group, L.L.C. v. IEPA – The Board granted respondent’s motion for
summary judgment in these consolidated permit appeals involving a St. Clair
County facility.
7-0
P-A, RCRA
PCB 99-181 People of the State of Illinois v. Siciliano, 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 Sangamon
County facility, the Board ordered publication of the required newspaper notice.
7-0
A-E
PCB 01-55 CC Landfill, Inc. v. The Coles County Board – The Board granted petitioner’s
motion for voluntary dismissal of this pollution control facility siting appeal
involving a Coles County facility.
7-0
P-C-F-S-R
PCB 01-85 NACME Steel Processing, L.L.C. v. IEPA – The Board granted petitioner’s
motion for voluntary dismissal of this permit appeal involving a Cook County
facility.
6-0
Kezelis
abstained
P-A, Air
Environmental Register – March 2001
8
PCB 01-96 Twin County Service Company v. IEPA – Having previously granted a request
for a 90-day extension, the Board dismissed this matter because no underground
storage tank appeal was filed on behalf of this Williamson County facility.
7-0
UST-Appeal
PCB 01-112 Prairie Rivers Network v. IEPA and Black Beauty Coal Company – The Board
struck as improperly filed Vermilion Coal Company’s motions to intervene and
dismiss petitioner’s permit appeal and granted a motion by Black Beauty Coal
Company’s counsel to appear
pro hac vice
.
7-0
P-A, NPDES
Third Party
PCB 01-115 People of the State of Illinois v. Valley Petroleum, Inc. – The Board accepted
for hearing this air and water enforcement matter involving a DuPage County
facility.
7-0
A&W-E
PCB 01-116 Permacor Refining Group 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-Appeal
90-Day Ext.
PCB 01-117 Davis & Sons 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 Jefferson County facility.
7-0
UST-Appeal
90-Day Ext.
PCB 01-118 Ratliff Brothers & Company, Inc. v. IEPA – The Board granted this request for
a 90-day extension of time to file an underground storage tank appeal on behalf
of this Henry County facility.
7-0
UST-Appeal
90-Day Ext.
Environmental Register – March 2001
9
March 15, 2001
Via Video Conference Between
Springfield and Chicago, Illinois
Back to top
Decisions
PCB 01-42 Steven P. Logsdon v. Tilford R. Bowman – The Board found no violation of 35
Ill. Adm. Code 900.102 and 415 ILCS 5/24 by the respondent and dismissed this
citizen noise enforcement action involving a Brown County facility.
7-0
N-E, Citizens
Back to top
Provisional Variance
PCB 01-127 DaimlerChrysler v. IEPA – Upon receipt of an Illinois Environmental Protection
Agency recommendation, the Board granted this Boone County facility a three-
day provisional variance, subject to conditions, from the air pollution control
requirements found in permit conditions 1d, 2a, 5a.ii, 5a.iii, 11, and 13a.iv
through 13a.vi of its State Operating Permit for a New Source Performance
Standard Permit #7301312.
7-0
A-V
Back to top
Motions and Other Matters
PCB 97-26 People of the State of Illinois v. Central Illinois Public Service Company d/b/a
Ameren CIPS – 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 Crawford County facility, the
Board ordered publication of the required newspaper notice.
7-0
W-E
PCB 99-79 People of the State of Illinois v. GLC, Inc. d/b/a Midwest Grinding and
Recycling – 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 Madison County facility, the Board ordered
publication of the required newspaper notice.
7-0
A-E
PCB 00-176 People of the State of Illinois v. City of Auburn, Benton & Associates
Engineering, Inc., and Petersburg Plumbing and Heating – 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
Sangamon County facility, the Board ordered publication of the required
newspaper notice.
7-0
PWS-E
PCB 01-25 Chrysler Realty Corporation v. Thomas Industries, Inc. and TDY Industries,
Inc. – The Board granted the parties’ joint motion for voluntary dismissal of
this underground storage tank enforcement action involving a Cook County
facility.
7-0
UST-E, Citizens
PCB 01-88 IBP, Inc. (Joslin Facility) v. IEPA – The Board accepted for hearing this air
permit appeal involving a Henry County facility.
7-0
P-A, Air
Environmental Register – March 2001
10
PCB 01-101 Marathon Oil Company v. IEPA – Having previously granted a request for a
90-day extension, the Board dismissed this matter because no underground
storage tank appeal was filed on behalf of this DuPage County facility.
7-0
UST-FRD
PCB 01-102 Cassens and Sons, Inc. v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Madison County facility. The
Board denied petitioner’s motion to incorporate by reference as unnecessary.
7-0
UST-FRD
PCB 01-121 Abed Nesheiwat and SAQ, Inc. v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Cook County facility.
7-0
UST-FRD
PCB 01-122 McHenry Storage 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
McHenry County facility.
7-0
UST-FRD
90-Day Ext
PCB 01-123 Waste Management of Illinois, Inc. d/b/a 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
PCB 01-124 Pilkington North America, Inc. v. IEPA – The Board granted this request for a
90-day extension of time to file a permit appeal on behalf of this LaSalle
County facility.
7-0
P-A, Water
90-Day Ext.
PCB 01-125 Builder’s Plumbing Supply v. IEPA – The Board granted this request for a 90-
day extension of time to file an underground storage tank appeal on behalf of
this Lake County facility.
7-0
UST-Appeal
90-Day Ext.
New Cases
March 1, 2001 Board Meeting
01-115
People of the State of Illinois v. Valley Petroleum, Inc. – The Board accepted for hearing this air and water
enforcement matter involving a DuPage County facility.
01-116
Permacor Refining Group 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.
01-117
Davis & Sons 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 Jefferson County facility.
Environmental Register – March 2001
11
01-118
Ratliff Brothers & Company, Inc. v. IEPA – The Board granted this request for a 90-day extension of time
to file an underground storage tank appeal on behalf of this Henry County facility.
01-119
Stuart C. Nuss v. Village of Durand – The Board held for a later duplicitous/frivolous determination this
citizen’s water enforcement action involving a Winnebago County facility.
AC 01-28
IEPA v. American Disposal Services of Illinois, Inc. d/b/a McLean County Landfill, and Daniel Winters
– The Board accepted an administrative citation against these McLean County respondents.
March 15, 2001 Board Meeting
01-102
Cassens and Sons, Inc. v. IEPA – The Board accepted for hearing this underground storage tank appeal
involving a Madison County facility. The Board denied petitioner’s motion to incorporate by reference as
unnecessary.
01-120
Plexus Scientific Corporation v. IEPA – No action taken.
01-121
Abed Nesheiwat and SAQ, Inc. v. IEPA – The Board accepted for hearing this underground storage tank
appeal involving a Cook County facility.
01-122
McHenry Storage 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 McHenry County facility.
01-123
Waste Management of Illinois, Inc. d/b/a 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.
01-124
Pilkington North America, Inc. v. IEPA – The Board granted this request for a 90-day extension of time to
file a permit appeal on behalf of this LaSalle County facility.
01-125
Builder’s Plumbing Supply v. IEPA – The Board granted this request for a 90-day extension of time to file
an underground storage tank appeal on behalf of this Lake County facility.
01-127
DaimlerChrysler v. IEPA – Upon receipt of an Illinois Environmental Protection Agency recommendation,
the Board granted this Boone County facility a three-day provisional variance, subject to conditions, from the
monitoring and record keeping requirements found in permit conditions 1d, 2a, 5a.ii, 5a.iii, 11, and 13a.iv through
13a.vi of its State Operating Permit for a New Source Performance Standard Permit #7301312.
AC 01-29
IEPA v. Leslie Yocum, Sandra Yocum, Laura L. Yocum, Rick L. Yocum, Kandy S. Yocum, and Shawna
B. Yocum – The Board accepted an administrative citation against these Schuyler County respondents.
AC 01-30
IEPA v. Leslie Yocum and Sandra Yocum – The Board accepted an administrative citation against these
Schuyler County respondents.
AC 01-31
IEPA v. Jeffrey Sides – The Board accepted an administrative citation against this Union County
respondent.
AC 01-32
IEPA v. City of East Moline, Illinois d/b/a East Moline Municipal Landfill and Dave Geier – The Board
accepted an administrative citation against these Rock Island County respondents.
Environmental Register – March 2001
12
Calendar
4/2/2001
10:00 am
R01-28 In the Matter of: Amendments to Livestock
Waste Regulations: 35 Ill. Adm. Code 506
James R. Thompson Center
100 West Randolph Street
Room 9-040
Chicago
4/3/2001
10:00 am
R01-26 In the Matter of: Amendments to
Regulation of Petroleum Leaking
Underground Storage Tanks: 35 Ill. Adm.
Code 732
James R. Thompson Center
100 West Randolph Street
Room 2-025
Chicago
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 West Randolph Street
Room 2-025
Chicago
4/5/2001
11:00 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 West Randolph Street
Conference Room 9-040
Chicago
4/5/2001
1:30 pm
R01-14 In the Matter of: Proposed MTBE
Groundwater Quality Standards
Amendments: 35 Ill. Adm. Code 620
James R. Thompson Center
100 West Randolph Street
Room 8-033
Chicago
4/9/2001
9:00 am
AC 00-84 IEPA v. James Day (Longview/Jim Day)
IEPA Docket No. 248-00-AC
City Council Chambers
102 North Neil Street
Champaign
4/10/201
9:00 am
AC 00-84
IEPA v. James Day (Longview/Jim Day)
IEPA Docket No. 248-00-AC
City Council Chambers
102 North Neil Street
Champaign
4/10/2001
9:00 am
PCB 00-90 Roger L. Young and Romana K. Young v.
Gilster-Mary Lee Corporation
Randolph County Courthouse
Board Room, 2nd Floor
One Taylor Street
Chester
4/11/2001
1:00 pm
PCB 00-90 Roger L. Young and Romana K. Young v.
Golster-Mary Lee Corporation
Randolph County Courthouse
Board Room 2nd Floor
One Taylor Street
Chester
4/17/2001
10:00 am
PCB 00-171 People v. City of Charleston Matoon City Hall
2nd Floor Courtroom
208 North 19th Street
Mattoon
4/19/2001
11:00 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 West Randolph Street
Conference Room 9-040
Chicago
4/24/2001
9:30 am
PCB 00-127 People v. Dayne Roger and Black Gold
International Crosby & Associates, P.C.
Rockford State Office Building
Rooms A & B
4302 North Main Street
Rockford
4/30/2001
10:00 am
R01-28 In the Matter: Amendments to Livestock
Waste Regulations: 35 Ill. Adm. Code 506
Illinois Pollution Control Board
Hearing Room 403
600 South Second Street
Springfield
Environmental Register – March 2001
13
5/1/2001
9:00 am
PCB 01-112 Prairie Rivers Network v. IEPA and Black
Beauty Coal Company
Vermilion County Courthouse
Annex
County Board Room
6 North Vermilion Road
Danville
5/2/201
9:00 am
PCB 01-112 Prairie Rivers Network v. IEPA and Black
Beauty Coal Company
Vermilion County Courthouse
Annex
County Board Room
6 North Vermilion Road
Danville
5/2/2001
9:30 am
PCB 01-120 Plexus Scientific Corporation v. IEPA Bolingbrook Village Hall
Board Room 100
375 West Briarcliff Road
Bolingbrook
5/3/2001
9:30 am
PCB 01-120 Plexus Scientific Corporation v. IEPA Bolingbrook Village Hall
Board Room 100
375 West Briarcliff Road
Bolingbrook
5/3/2001
11:00 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 West Randolph Street
Conference Room 9-040
Chicago
5/17/2001
11:00 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 West Randolph Street
Conference Room 9-040
Chicago
6/7/2001
11:00 am
Illinois Pollution Control Board Meeting Illinois Pollution Control Board
Hearing Room 403
600 South Second Street
Springfield
6/21/2001
11:00 am
Illinois Pollution Control Board Meeting James R. Thompson Center
100 West Randolph Street
Conference Room 9-040
Chicago
------------------------------------------------CUT HERE------------------------------------------------
Environmental Register Comment Card
The Illinois Pollution Control Board is an independent seven-member board
that adopts environmental control standards, rules on enforcement actions,
and other environmental disputes for the State of Illinois.
The Environmental Register is published monthly by the Board, and
contains
updates on rulemakings, descriptions of final decisions, the Board’s hearing
calendar, and other environmental law information.
------------------------------------------------CUT HERE------------------------------------------------
Illinois Pollution Control Board
Environmental Register Coordinator
600 South Second Street, Suite 402
Springfield, Illinois 62704
