0701_A.PDF

Claire A. Manning, Chairman

Board Members:

Ronald C. Flemal, G. Tanner Girard, Thomas E. Johnson

Elena Z. Kezelis, Samuel T. Lawton Jr., 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

The Bush adminis tration’s position on the Kyoto Protocol, the energy crisis in

California, and recent high profile oil spills have brought environmental issues

into the national spotlight. This is an exciting time to be involved in

environmental law. The Illinois State Bar Association Law Ed Series will focus

on environmental issues during a two-day program this September in Chicago.

Katherine D. Hodge of Hodge Dwyer Zeman and I will be participating in a

session entitled “Practice Before the Illinois Pollution Control Board.” This

seminar will be helpful to those who have a case or will be filing a case with the

Board because new procedural rules went into effect on January 1, 2001. This

seminar will give you perspectives from both the Board and from someone who

practices regularly before the Board.

I encourage you to take advantage of the 2001 Illinois Environmental Conference. This is one of the best

environmental law conferences I have encountered. Board Member Elena Kezelis and other members of the ISBA’s

Environmental Law Section Council worked hard putting together a well-rounded program. Their efforts have paid

off in what promises to be a conference packed with useful information. Seminar topics include:

“How Bush Administration Policies are Impacting Illinois”

“Everything you wanted to know about NOx, but were afraid to ask”

“What’s new in the courts?”

“Defining the roles of Attorneys and Consultants in Environmental Decision Making”

“The Legislative Horizon for Illinois”

“And you thought it was safe to live in the country”

“Regional Issues”

“Pollution Prevention”

“Regulator’s Compliance and Enforcement Initiative Forum”

“Natural Resource Damage in Illinois”

“Emissions Trading as the Model for Environmental Governance”

“Don’t it make my Brownfields Green: Issues in Brownfield Redevelopment in Illinois”

“Other Clean Air Act Developments”

“Water Quality Regulations: TMDL’s in Illinois”

“Environmental Management Systems: Improving Performance and Sustainability at the same time”

“Practice in the Illinois Site Remediation Program”

“Regulatory Developments and Initiatives”

“Try to see things my way: Participating in the Regulatory Process”

“Energy Restructuring: The Future Energy in Illinois”

This conference certainly has something for everyone interested in environmental law in Illinois.

The 2001 Illinois Environmental Conference is Friday, September 21, 2001 and Saturday, September 22, 2001 at the

Illinois Institute of Technology Chicago-Kent College of Law. For more detailed information on the conference you

can visit our Web page at www.ipcb.state.il.us or to register for the program you can visit the ISBA’s Web page at

www.isba.org. I look forward to seeing you at the 2001 Illinois Environmental Conference.

Sincerely,

Claire A. Manning, Chairman

Environmental Register – July 2001

Inside This Issue:

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IEPA R

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Federal Update

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

Pollutants: Hazardous Waste Combustors, under Clean Air Act

On July 3, 2001, USEPA proposed amendments to the national emission standards for hazardous air pollutants

(NESHAP) for hazardous waste combustors. 66 Fed. Reg. 35126.

Under the Clean Air Act (CAA) (42 U.S.C. §§ 7401

et seq

. (1998)), USEPA established new emissions standards for

hazardous waste burning cement kilns, lightweight aggregate kilns, and incinerators on September 30, 1999.

Following promulgation of the final rule, the regulated community, through informal comments and through litigation,

raised numerous issues related to specific requirements of the final rule. In response, USEPA proposed amendments

to the final rule for public comment. The amendments do not change the numerical emission standards, but rather

amend the rules for compliance, testing and monitoring.

Public comments must be received by August 17, 2001. For further general information, call the RCRA Call Center at

1-800-424-9346. For further specific information contact Frank Behan at 703/308-8476; e-mail address:

behan.frank@epa.gov.

Pursuant to Section 9.1(b) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(b) (2000)), once adopted by

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

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

Pollutants: Coke Ovens: Pushing, Quenching, and Battery Stacks, under Clean Air Act

On July 3, 2001, USEPA proposed amendments to the national emission standards for hazardous air pollutants

(NESHAP) for coke ovens: pushing, quenching, and battery stacks. 66 Fed. Reg. 35325.

The amendments propose NESHAP for new and existing coke oven batteries. USEPA has identified coke oven

batteries as a major source of hazardous air pollutants (HAP) emissions. The NESHAP addresses emissions from

pushing, quenching, and battery stacks. The previously promulgated emission standards address emissions from

charging, topside leaks, and door leaks. The proposed standards will implement Section 112(d) of the Clean Air Act

(CAA) (42 U.S.C. §§ 7401

et seq

. (1998)), by requiring all major sources to meet HAP emission standards reflecting the

application of the maximum achievable control technology. The HAP emitted by this source category include coke

oven emissions, polycyclic organic matter, and volatile organic compounds such as benzene and toluene. Exposure

to these substances has been demonstrated to cause chronic and acute health effects.

Public comments must be received by October 1, 2001. If anyone contacts USEPA requesting a public hearing by

July 23, 2001, a public hearing will be held on August 2, 2001. For further information contact Lula Melton at 919/541-

2910; e-mail address: melton.lula@epa.gov.

Environmental Register – July 2001

Pursuant to Section 9.1(b) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(b) (2000)), once adopted by

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

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

Pollutants: Integrated Iron and Steel Manufacturing, under Clean Air Act

On July 13, 2001, USEPA proposed amendments to the national emission standards for hazardous air pollutants

(NESHAP) for integrated iron and steel manufacturing. 66 Fed. Reg. 36835.

The amendments propose NESHAP for integrated iron and steel manufacturing facilities. USEPA has identified

integrated iron and steel manufacturing facilities as a major source of hazardous air pollutant (HAP) emissions. The

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

et seq

. (1998)), by

requiring all major sources to meet HAP emission standards reflecting application of the maximum achievable control

technology. The HAP emitted by facilities in the integrated iron and steel manufacturing source category include

metals (primarily manganese and lead with small quantities of other metals) and trace amounts of organic HAP (such

as polycyclic organic matter, benzene, and carbon disulfide). Exposure to these substances has been demonstrated

to cause adverse health effects, including chronic and acute disorders of the blood, heart, kidneys, reproductive

system, and central nervous system.

Public comment must be received by October 11, 2001. If anyone requests a public hearing by August 3, 2001, a

public hearing will be held on August 13, 2001. For further information contact Phil Mulrine at 919/541-5289; e-mail

address: mulrine.phil@epa.gov.

Pursuant to Section 9.1(b) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(b) (2000)), 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 Regulations for Plant-Incorporated Protectants under

Federal Insecticide, Fungicide, and Rodenticide Act in Final Rule

On July 19, 2001, USEPA adopted regulations under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

(7 U.S.C. §§ 136

et seq

. (1998)) for plant-incorporated protectants (formerly plant-pesticides). 66 Fed. Reg. 37771.

USEPA has determined that the substances plants produce for protection against pests, and the genetic material

necessary to produce these substances, are pesticides under FIFRA, if humans intend to use these substances for

“preventing, repelling or mitigating any pest.” In the final rule, USEPA finalizes certain of proposed rules published

in 1994, 1996, and 1997.

Specifically, USEPA changes the name of this type of pesticide from “plant-pesticide” to “plant-incorporated

protectant,” clarifies the relationship between plants and plant-incorporated protectants under FIFRA, exempts from

FIFRA requirements plant-incorporated protectants derived through conventional breeding from sexually compatible

plants, and establishes a new part in the CFR for plant-incorporated protectants. Procedures are also set forth for

Confidential Business Information and any claim of confidentiality must be substantiated when the claim is made.

USEPA expects that this rule will benefit the public by ensuring that public health and the environment are

adequately protected while reducing burden on the regulated community, thereby potentially reducing costs for

consumers.

The final rule is effective September 17, 2001. For further information contact Philip Hutton at 703/308-8260; e-mail

address: hutton.phil@epa.gov.

United States Environmental Protection Agency Solicits Comments on Plant-Incorporated Protectants

On July 19, 2001, USEPA solicited additional comment on the exemptions it proposed in 1994 for plant-incorporated

protectants (formerly plant-pesticides). 66 Fed. Reg. 37855.

Environmental Register – July 2001

USEPA solicited comment on two alternative regulatory approaches to plant-incorporated protectants derived from

plants sexually compatible with the recipient plant that USEPA is considering in response to comments received on

the 1994 proposal. Specifically, USEPA requested comment on the 1994 proposed exemptions for plant-incorporated

protectants derived from sexually compatible plants, as well as on any new issues presented by the proposed

regulatory alternatives.

USEPA also provided notice that it has placed the report issued by the National Academy of Sciences entitled

“Genetically Modified Plants: Science and Regulation” in the dockets for the rulemakings relating to certain

proposals on plant-incorporated protectants under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.

§§ 136

et seq

. (1998)) and the Federal Food, Drug, and Cosmetic Act (21 U.S.C. §§ 301

et seq

. (1998)).

Public comment must be received by August 20, 2001. For further information contact Phillip Hutton at 703/308-8260;

e-mail address: hutton.phil&epa.gov.

United States Environmental Protection Agency Proposes Protection of Stratospheric Ozone; Allowance System

for Controlling Hydrochlorofluorocarbons Production, Import and Export under Clean Air Act

On July 20, 2001, USEPA proposed an allowance system to control the United States’ production and consumption

of class II controlled substances, the hydrochlorofluorocarbons (HCFCs), in accordance with United States’

obligations under the Montreal Protocol on Substances that Deplete the Ozone Layer (Protocol). 66 Fed. Reg. 38063.

Under the Protocol, the United States is obligated to limit HCFC consumption (defined by the Protocol and this

USEPA document as production plus imports, minus exports) under a specific cap, which will be reduced in a step-

wise fashion over time. The United States is also a signatory to amendments to freeze HCFC production on January

1, 2004. USEPA published an Advance Notice of Proposed Rulemaking on April 5, 1999. USEPA is proposing an

HCFC allowance system similar in many respects to the class I allowance system in place before January 1, 1996.

Instituting such a system for HCFCs would allow USEPA to ensure that the United States maintains compliance with

the Protocol caps, while providing certainty and predictability to allowance holders.

In addition, the Clean Air Act (CAA) (42 U.S.C. §§ 7401

et seq

. (1998)) requires USEPA to establish an allowance

system for HCFCs. A slightly different version of this document was signed on December 28, 2000, by then-

Administrator Carol Browner. It was forwarded to the

Federal Register

and made available on the USEPA Web site.

However, it was not published in the

Federal Register

, rather it was recalled to USEPA for review by the incoming

Administration.

Public comment must be received by September 4, 2001, unless a public hearing is requested. Comments must then

be received on or before 45 days following the public hearing. Any person requesting a public hearing must notify

USEPA by July 30, 2001. For further information contact Vera Au at 202/564-2216.

If USEPA adopts these proposed rules, and amendments to the Illinois air rules become 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 (2000)).

United States Environmental Protection Agency Proposes Guidelines for Best Available Retrofit Technology

Determinations under Regional Haze Regulations Under the Clean Air Act

On July 20, 2001, USEPA proposed guidelines for implementation of the best available retrofit technology (BART)

requirements under the regional haze rule adopted pursuant to the Clean Air Act (CAA) (42 U.S.C. §§ 7401

et seq

(1998)). 66 Fed. Reg. 38107.

USEPA proposes to add regulatory text requiring that these guidelines be used for addressing BART determinations

under the regional haze rule that was published on July 1, 1999 (64 Fed. Reg. 35714). In addition, USEPA is proposing

one revision to guidelines issued in 1980 for facilities contributing to “reasonably attributable” visibility impairment.

Environmental Register – July 2001

Public comment must be received by September 18, 2001. USEPA has scheduled two public hearings on this

proposed rule. The first public hearing will be held on August 21 in Arlington, Virginia. The second public hearing

will be held on August 27 in Chicago, Illinois. For further information, contact Tim Smith at 919/541-4718; e-mail

address: smith.tim@epa.gov.

If USEPA adopts these proposed rules, and amendments to the Illinois air rules become 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 (2000)).

Rule Update

Board Reserves seven Identical In Substance Dockets for the Update Period January 1, 2001 through June 30,

2001: R02-1 through R02-7 (inclusive)

Section 7.2 of the Environmental Protection Act (Act) (415 ILCS 5/7.2 (2000)) requires the Board to twice-yearly adopt

regulations which are identical in substance to regulations adopted by the United States Environmental Protection

Agency (USEPA) for specified programs. On July 12, 2001, the Board reserved seven rulemaking dockets to consider

rules adopted by USEPA during the period January 1, 2001 through June 30, 2001. These dockets are: RCRA Subtitle

C Update, USEPA Amendments (January 1, 2001 through June 30, 2001), R02-1; UST Update, USEPA Amendments

(January 1, 2001 through June 30, 2001), R02-2; Wastewater Pretreatment Update, USEPA Amendments (January 1,

2001 through June 30, 2001), R02-3; Definition of VOM Update, USEPA Amendments (January 1, 2001 through June

30, 2001), R02-4; SDWA Update, USEPA Amendments (January 1, 2001 through June 30, 2001), R02-5; UIC Update,

USEPA Amendments (January 1, 2001 through June 30, 2001), R02-6; RCRA Subtitle D Update, USEPA Amendments

(January 1, 2001 through June 30, 2001), R02-7. The term identical in substance is defined at Section 7.2 of the Act,

which also sets out the timetable for Board adoption of such rules.

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

Board Creates First Regulated Groundwater Recharge Area in Proposed Regulated Recharge Area for Pleasant

Valley Public Water District, Proposed Amendments to 35 Ill. Adm. Code Part 617, R00-17

On July 26, 2001, the Board adopted regulations that amend 35 Ill. Adm. Code Part 617, to create a regulated recharge

area for the Pleasant Valley Public Water District in Peoria County, Illinois. These rules are effective September 1,

2001 and establish the State’s first regulated recharge area under Section 17.3 of the Environmental Protection Act

(Act) (415 ILCS 5/17.3 (2000)). Pursuant to Section 17.3 of the Act, the Illinois Environmental Protection Agency

(Agency) may propose regulated recharge area regulations to the Board. The Agency developed its proposal in

consultation with the Groundwater Advisory Council (GAC), an agency and citizen body established under the

Illinois Groundwater Protection Act (415 ILCS 55/1

et seq

. (2000)) to “review, evaluate and make recommendations

regarding State laws, regulations and procedures that relate to groundwater protection.” The Agency additionally

sought and received advice from the Central Priority Groundwater Protection Planning Region Committee (CRPC), a

broad-based local government and citizen group as provided for at Section 17.2 of the Act. 415 ILCS 5/17.2(b) (2000).

The Agency, CRPC, and GAC, conducted a regulatory development workshop and solicited and obtained additional

comments on the proposal from various members of environmental associations and private citizens groups.

The rules adopted by the Board do not differ substantially from either the Agency’s proposal or the Board’s first

notice proposal. In Part 617, the Board has added and amended rules in Subpart A that apply to all regulated

recharge areas, and has added a new Subpart B that applies only to the Pleasant Valley regulated recharge area.

Among other things, the Subpart A rules contain several new definitions and provisions applicable to any regulated

recharge area. The rules prohibit the siting within a regulated recharge area of any new low level radioactive waste

sites, class V injection wells or special or hazardous waste landfills. They also specify certain technology control

Environmental Register – July 2001

regulations for activities within 2,500 feet of wellheads and within a regulated recharge area. Specified new potential

pollution sources must prepare recharge area suitability assessments, which must be assessed by the Agency prior

to commencement of operations at a new facility. The Department of Public Health and the Department of Natural

Resources are authorized to develop an assistance program for abandoned and improperly plugged water supply

wells.

In Subpart B, the rules require the registration with the Agency of the location of new sources of potential

groundwater contamination. The Agency is directed to hold an informational and registration meeting during

September 2001. Owners of some potential sources must develop and implement systems for chemical substance

management and attend training programs to be conducted by the Agency. The Board held a public hearing on May

9, 2000, in Peoria, Illinois. The Board’s August 10, 2000 first notice rules were published in the

Illinois Register

September 1, 2000. 24 Ill. Reg. 13163. On June 7, 2001, the Board adopted a second notice proposal for review by the

Joint Legislative Committee for Administrative Rules (JCAR). JCAR considered the rules at its July 10, 2001 meeting,

and issued a certificate of no objection to the rules.

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

Board Adopts Amendments in Proposed Amendments to Tiered Approach to Corrective Action Objectives (TACO):

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

On July 26, 2001, the Board adopted regulations that amend 35 Ill. Adm. Code Part 742 of the Board’s land

regulations, which are commonly referred to as the Tiered Approach to Corrective Action Objectives (TACO) rules.

The TACO rules were originally adopted by the Board on June 5, 1997, in Tiered Approach to Corrective Action

Objectives (TACO): 35 Ill. Adm. Code 742, R97-12(A). Part 742 contains procedures for developing remediation

objectives based on risks to human health and the environment posed by environmental conditions at sites

undergoing remediation in the Site Remediation Program, the Leaking Underground Storage Tank Program, and

pursuant to Resource Conservation and Recovery Act (RCRA) Part B permits and closures. On May 15, 2000, the

Illinois Environmental Protection Agency (Agency) filed a proposal to amend 35 Ill. Adm. Code 742. The Board

accepted this proposal for hearing on May 18, 2000. On July 27, 2000, the Board sent the proposal to first notice

without commenting on its merits, separating the proposal into two subdockets, R00-19(A) and R00-19(B). The R00-

19(B) first notice rules were published in the

Illinois Register

on August 18, 2000. 24 Ill. Reg. 12225. Three hearings

were held in this matter during the first-notice period. In addition to the testimony and exhibits presented at hearing,

the Board has also received numerous public comments in this matter. On June 7, 2001, the Board adopted the

amendments for second-notice by the Joint Committee on Administrative Rules (JCAR). JCAR considered the rules

at its July 10, 2001 meeting, and issued a certificate of no objection to the rules.

Among noteworthy changes, this Subdocket B in R00-19 amended existing rules for determination of soil saturation

limits (Section 742.220), demonstrations of compliance with remediation objectives (Section 742.225), contaminant

source and free product determinations (Section 742.305), and highway authority agreements (Section 742.1020). See

also other amendments in 742.210, 742.300, 742.305, 742.310, 742.315, 742.605, 742.700, 742.715, 742.900, 742.925,

742.1005, 742.1015, 742.1020, 742.1105. The appendices to Part 742 were also amended to add arsenic remediation

objectives and to update acceptable detection limits for various chemicals.

Clean-up standards had also been originally proposed in this Subdocket for methyl tertiary-butyl ether (MTBE). The

Board did not take action on this proposal, which has been transferred into its own Subdocket C for later, additional

consideration. See Proposed Amendments to Tiered Approach to Corrective Action Objectives (TACO): 35 Ill Adm.

Code 742 (June 7, 2001), R00-19(C).

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

Environmental Register – July 2001

Board Actions

July 12, 2001

Chicago, Illinois

Rulemaking

R01-15

In the Matter of: Petition of Amerock Corporation, Rockford Facility, for Site-

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

Board granted petitioner’s motion for extension of time in which to file a second

amended petition.

4-0

Johnson

abstained

R, Water, Site-

Specific

Adjusted Standards

AS 01-2

In the Matter of: Petition of the City of Geneva for an Adjusted Standard from 35

Ill. Adm. Code 807.104 – The Board denied petitioner’s motion to reconsider the

Board’s May 17, 2001 order in this matter.

4-0

Johnson

abstained

Land

Administrative Citations

AC 01-35

IEPA v. Jody Short and Lorrie Spriggs – The Board granted complainant’s

motion to withdraw the administrative citation against respondent Short only.

The Board found that respondent Spriggs violated Sections 21(p)(1) and (p)(3) of

the Act (415 ILCS 5/21(p)(1), (p)(3) (2000)), and ordered respondent to pay a civil

penalty of $3,000

4-0

Johnson

abstained

Decisions

PCB 01-3

People of the State of Illinois v. Benton & Associates, Inc., and R&G

Construction – In this public water supply enforcement action concerning a Scott

County facility, the Board granted relief from the hearing requirement of Section

31(c)(1) of the Act (415 ILCS 5/31(c)(1) (2000)), accepted a final stipulation and

settlement agreement for Benton & Associates, Inc (Benton) only, ordered

Benton to pay a civil penalty of $12,000, and to cease and desist from further

violations. This matter shall proceed to hearing as to the remaining respondent.

4-0

Johnson

abstained

PWS-E

PCB 01-120

Plexus Scientific Corporation v. IEPA – The Board granted petitioner a variance

from 35 Ill. Adm. Code 237.102, subject to conditions, to allow it to conduct open

burning/flashing to decontaminate explosive material on buildings and process

equipment and clear vegetation at the Load/Assembly/Package area, and

potentially the Manufacturing area of the Joliet Army Ammunition Plant site in

Will County, Illinois

4-0

Lawton

abstained

A-V, Open

Burning

Environmental Register – July 2001

PCB 01-165

People of the State of Illinois v. Village of Rantoul and Textron Automotive

Exteriors, Inc. – In this public water supply enforcement action concerning a

Champaign County facility, the Board granted relief from the hearing requirement

of Section 31(c)(1) of the Act (415 ILCS 5/31(c)(1) (2000)), accepted a final

stipulation and settlement agreement, ordered the respondents to pay a total civil

penalty of $18,000, and to cease and desist from further violations.

4-0

Johnson

abstained

PWS-E

Motions and Other Matters

PCB 98-63

Exolon-ESK Company v. IEPA – The Board granted petitioner’s motion for

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

4-0

Johnson

abstained

P-A, Water

PCB 98-166

People of the State of Illinois v. Brzuszkeiwicz Auto Rebuilders, Inc. – 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 Cook County facility, the Board ordered publication of the required

newspaper notice.

4-0

Johnson

abstained

L-E

PCB 00-211

People of the State of Illinois v. Toyal America, Inc. f/k/a Alcan-Toyal America,

Inc. – Upon receipt of a proposed stipulation and partial settlement agreement

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

enforcement action involving a Will County facility, the Board ordered

publication of the required newspaper notice.

4-0

Johnson

abstained

RCRA-E

PCB 01-4

Naperville Radiator Services v. IEPA – The Board granted parties’ motion for

voluntary dismissal of this underground storage tank appeal involving a DuPage

County facility.

4-0

Johnson

abstained

UST-FRD

PCB 01-61

People of the State of Illinois v. Roll Service, 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 Cook County

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

4-0

Johnson

abstained

A-E

PCB 01-130

J.R. & Sons, Inc. v. IEPA – The Board accepted for hearing this underground

storage tank appeal involving a Champaign County facility.

4-0

Johnson

abstained

UST-FRD

Environmental Register – July 2001

PCB 01-131

Wareco Service, Inc. 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 Morgan County facility.

4-0

Johnson

abstained

UST-FRD

PCB 01-132

Pecora Reality 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.

4-0

Johnson

abstained

UST-Appeal

PCB 01-139

ESG Watts, Inc. (Sangamon Valley Landfill, Taylor Ridge Landfill, and Viola

Landfill) v. IEPA – The Board accepted for hearing this permit appeal involving

three facilities located in Sangamon, Rock Island, and Mercer Counties.

4-0

Johnson

abstained

P-A, Land

PCB 01-172

CCL Custom Manufacturing, Inc. v. IEPA – The Board accepted for hearing this

permit appeal involving a Vermilion County facility.

4-0

Johnson

abstained

P-A, Water

PCB 01-174

People of the State of Illinois v. Lakewood Homes, 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

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

notice.

4-0

Johnson

abstained

W-E

PCB 02-1

People of the State of Illinois v. Stein Steel Mill Services, Inc. – The Board

accepted for hearing this air enforcement matter involving a Madison County

facility.

4-0

Johnson

abstained

A-E

PCB 02-2

Barry Amoco, Inc. v. IEPA – The Board granted this request for a 90-day

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

Grundy County facility.

4-0

Johnson

abstained

UST-FRD

90-Day Ext.

July 26, 2001

Environmental Register – July 2001

Chicago, Illinois

Rulemakings

R00-17

In the Matter of: Proposed Regulated Recharge Area for Pleasant Valley Public

Water District, Proposed Amendments to 35 Ill. Adm. Code Part 617 – The Board

adopted a final opinion and order in this rulemaking to amend the Board’s public

water supply regulations to establish the first regulated recharge area under

Section 17.3 of the Act (415 ILCS 5/17.3 (2000)).

6-0

R, PWS

R00-19(B)

In the Matter of: Proposed Amendments to Tiered Approach to Corrective

Action Objectives (TACO): 35 Ill. Adm. Code 742 – The Board adopted a final

opinion and order in this matter to amend the standards for tiered approach to

corrective action objectives (35 Ill. Adm. Code 742).

6-0

R, Land

Adjusted Standards

AS 01-9

In the Matter of: Petition of Rhodia, Inc. and Thorn Creek Basin Sanitary District

for an Adjusted Standard from 35 Ill. Adm. Code 302.208 and 304.105 – The Board

found the petition deficient in this request for an adjusted standard involving a

Cook County facility, and ordered petitioner to file an amended petition to cure

deficiencies no later than September 14, 2001, or the petition would be subject to

dismissal.

6-0

Water

AS 01-10

In the Matter of: Petition of Dixon Marquette Cement Company for an Adjusted

Standard from 35 Ill. Adm. Code Parts 811 & 814 – The Board granted parties a

motion for leave to file a response

instanter

and for extension of time to file a

reply to the response.

6-0

Land

Administrative Citations

AC 00-84

IEPA v. James Day – The Board entered an interim opinion and order finding

respondent violated Sections 21(p)(1) and (p)(3) of the Act (415 ILCS 5/21(p)(1),

(p)(3) (2000)) and assessing a penalty of $3,000. The Board ordered the Clerk of

the Board and the Illinois Environmental Protection Agency to file within 14 days

a statement of hearing costs, supported by affidavit, with service on respondent.

6-0

Decisions

PCB 98-166

People of the State of Illinois v. Bruszkeiwicz Auto Rebuilders, Inc. – In this land

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)

(2000)), accepted a final stipulation and settlement agreement, ordered the

respondent to pay a total civil penalty of $20,000, and to cease and desist from

further violations.

6-0

L-E

Environmental Register – July 2001

PCB 01-120

Plexus Scientific Corporation v. IEPA – The Board issued a supplemental opinion

and order to its July 12, 2001 opinion and order in this matter. The previous order

granted petitioner a variance from 35 Ill. Adm. Code 237.102, subject to

conditions, to allow it to conduct open burning/flashing to decontaminate

explosive material on buildings and process equipment and clear vegetation at

the Load/Assembly/Package area, and potentially the manufacturing area of the

Joliet Army Ammunition Plant site in Will County, Illinois.

5-0

Lawton

abstained

A-V

Motions and Other Matters

PCB 97-193

People of the Sate of Illinois v. Community Landfill Company, Inc. – The Board

granted in part and denied it in part respondent’s motion for reconsideration.

This matter was ordered to proceed to hearing regarding all other outstanding

issues.

6-0

L-E

PCB 00-4

People of the State of Illinois v. American Wood Recycling, Inc. – 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 Cook County facility, the Board ordered publication of the required

newspaper notice. The Board granted complainant’s motion to dismiss Steve

Berglund as party in this matter.

6-0

L-E

PCB 01-128

B.L.T., Inc. v. Sixth Street Developers Limited Partnership, ORF, Inc., Roland

Industries, VT Properties, Inc. and Freesen, Inc. – The Board granted

respondents Freesen, Inc. and Sixth Street Developers Limited Partnership’s

motions to file a counter-complaint against complainant B.L.T., Inc. and to file a

third-party complaint against Fiat Allis. The Board denied respondent Freesen

Inc.’s motion to add Anderson Excavating and Wrecking Company as a

respondent.

5-0

Kezelis

abstained

L-E, Citizens

PCB 01-129

Mac Investments d/b/a Olympic Oldsmobile v. Office of the State Fire Marshal –

The Board granted respondent’s motion to file the record of decision

instanter

6-0

UST-Appeal

PCB 01-141

Limits, L.L.C. 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 Cook County facility.

6-0

UST-FRD

PCB 01-143

Johnson 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 Jefferson County facility.

6-0

UST-FRD

Environmental Register – July 2001

PCB 01-144

People of the State of Illinois v. City of Pana, Housing Authority of Christian

County, Prairie Land Construction, Inc., and Rich Williams d/b/a C.R. Williams &

Associates Architects – 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 Christian County facility,

the Board ordered publication of the required newspaper notice.

6-0

PWS-E

PCB 01-145

W.K. Developers v. Office of the State Fire Marshal – The Board dismissed this

matter for failure to file an amended petition by June 7, 2001.

6-0

UST-Appeal

PCB 01-150

People of the State of Illinois v. Marc Development Corporation and Silver Glen

Estates Homeowners’ Association – the Board granted complainant’s motion to

strike respondent Silver Glen Estates Homeowners’ Association’s affirmative

defense and ordered this matter to proceed to hearing.

6-0

W-E

PCB 02-3

People of the State of Illinois v. Texaco Refining & Marketing, Inc. – The Board

accepted for hearing this land and water enforcement matter involving a Will

County facility.

6-0

L&W, E

PCB 02-5

People of the State of Illinois v. Environmental Management & Abatement, Inc.

and Danny G. Kohrdt individually and as President of Environmental

Management & Abatement, Inc. – The Board accepted for hearing this land

enforcement matter involving a Will County facility.

6-0

L-E

PCB 02-6

Gould Electronics, Inc. v. IEPA – The Board accepted for hearing this permit

appeal involving a Stephenson County facility.

6-0

P-A, Land

PCB 02-7

Petro Plus, Inc. f/k/a Gas Stop 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

Cook County facility.

6-0

UST-Appeal

90-Day Ext.

PCB 02-8

People of the State of Illinois v. Royster-Clark, Inc. – The Board accepted for

hearing this water enforcement matter involving a LaSalle County facility.

6-0

W-E, NPDES

Environmental Register – July 2001

New Cases

July 12, 2001 Board Meeting

01-172

CCL Custom Manufacturing, Inc. v. IEPA – The Board accepted for hearing this permit appeal involving a

Vermilion County facility.

01-173

Cole Taylor Bank under Trust #40323; as Successor Trustee to Michigan Avenue National Bank of Chicago,

under Trust #1904 v. Rowe Industries, Inc., Successor to Coleman Cable and Wire Company, and Chapco Carton

Company – The Board held for a later duplicitous/frivolous determination this citizen’s land enforcement action

involving a Cook County facility.

01-174

People of the State of Illinois v. Lakewood Homes, 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 Lake County facility, the Board ordered publication of the required newspaper notice.

02-01

People of the State of Illinois v. Stein Steel Mill Services, Inc. – The Board accepted for hearing this air

enforcement matter involving a Madison County facility.

02-02

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

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

R02-01

RCRA Subtitle C (Hazardous Waste) Update, (USEPA Amendments January 1, 2001 through June 30, 2001) –

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

amendments that occurred during the period of January 1, 2001 through June 30, 2001.

R02-02

UST Update, (USEPA Amendments January 1, 2001 through June 30, 2001) – The Board reserved this docket

for a routine identical-in-substance update. The update includes any federal amendments that occurred during the

period of January 1, 2001 through June 30, 2001.

R02-03

Wastewater Pretreatment Update, (USEPA Amendments January 1, 2001 through June 30, 2001) – The Board

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

occurred during the period of January 1, 2001 through June 30, 2001.

R02-04

Definition of VOM Update, (USEPA Amendments January 1, 2001 through June 30, 2001) – The Board

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

occurred during the period of January 1, 2001 through June 30, 2001.

R02-05

SDWA Update, (USEPA Amendments January 1, 2001 through June 30, 2001) – The Board reserved this

docket for a routine identical-in-substance update. The update includes any federal amendments that occurred

during the period of January 1, 2001 through June 30, 2001.

R02-06

UIC Update, (USEPA Amendments January 1, 2001 through June 30, 2001) – The Board reserved this docket

for a routine identical-in-substance update. The update includes any federal amendments that occurred during the

period of January 1, 2001 through June 30, 2001.

R02-07

RCRA Subtitle D (Municipal Solid Waste Landfill) Update, (USEPA Amendments January 1, 2001 through

June 30, 2001) – The Board reserved this docket for a routine identical-in-substance update. The update includes any

federal amendments that occurred during the period of January 1, 2001 through June 30, 2001.

July 26, 2001 Board Meeting

02-3

People of the State of Illinois v. Texaco Refining & Marketing, Inc. – The Board accepted for hearing this land

and water enforcement matter involving a Will County facility.

02-4

City of Streator, Illinois v. IEPA – No action taken.

Environmental Register – July 2001

02-5

People of the State of Illinois v. Environmental Management & Abatement, Inc. and Danny G. Kohrdt

Individually and as President of Environmental Management & Abatement, Inc. – The Board accepted for hearing

this land enforcement matter involving a Will County facility.

02-06

Gould Electronics Inc. v. IEPA – The Board accepted for hearing this permit appeal involving a Stephenson

County facility.

02-07

Petro Plus, Inc. f/k/a Gas Stop v. IEPA – The Board granted this request for a 90-day extension of time to file a

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

02-08

People of the State of Illinois v. Royster-Clark, Inc. – The Board accepted for hearing this water enforcement

matter involving a LaSalle County facility.

02-01

County of Perry v. William Shrum – The Board accepted this petition for review of an administrative

citation against this Perry County respondent.

AC 02-02

IEPA v. Dean and Susan Simon d/b/a Berman Auto Parts – The Board accepted this petition for review of

an administrative citation against these Boone County respondents.

AC 02-03

IEPA v. Marvin Hammack and Doris Baker – The Board accepted this petition for review of an

administrative citation against these Schuyler County respondents.

Calendar

8/9/2001

11:00 am

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 West Randolph Street

Conference Room 9-040

Chicago

8/14/2001

AC 01-5

IEPA V. Billy Hammond, Sr. (West City/Billy

Hammond, Sr.) IEPA Docket No. 323-AC

West Frankfort City Hall

Counsel Room

201 East Nolen Street

West Frankfort

8/16/2001

1:00 pm

PCB 01-159

American Bottom Conservancy, East

St. Louis Community Action Network, Kathy

Andria and Jack Norman v. Village of

Fairmont City and Waste Management of

Illinois, Inc.

St. Clair County Building, Room B-564

(County Board Conference Room)

10 Public Square

Belleville

8/23/2001

11:00 am

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 West Randolph Street

Conference Room 9-040

Chicago

8/23/2001

1:00 pm

R01-031

In the Matter of: Provisional Variances From

Water Temperature Standards Proposed

new 35 Ill. Adm. Code 301.109

James R. Thompson Center

Suite 11-500

100 West Randolph Street

Chicago

8/24/2001

9:30 am

R01-13

In the Matter of: Revisions to

Antidegradation Rules: 35 Ill. Adm. Code,

302.105, 303.205, 303.206, 102.800, 102.810,

102.820, and 102.830

State of Illinois Building

Room N-502, Fifth Floor

160 North LaSalle Street

Chicago

9/6/2001

11:00 am

Illinois Pollution Control Board Meeting

Illinois Pollution Control Board

Hearing Room 403

600 South Second Street

Springfield

Environmental Register – July 2001

9/10/2001

9:30 am

PCB 00-122

People of the State of Illinois v. City of

Lawrenceville; John A. Gordon. P.E.; Gordon

& Price, Inc., David Guillaum d/b/a D & G

Construction; and Wayne Lapington d/b/a

Lapington Trucking and Excavating

Lawrenceville City Hall

Civic Center

700 East State Street

Lawrenceville

9/11/2001

9:30 am

PCB 00-122

People of the State of Illinois v. City of

Lawrenceville, John A. Gordon. P.E.; Gordon

& Price, Inc., David Guillaum d/b/a D & G

Construction, and Wayne Lapington d/b/a

Lapington Trucking and Excavating

Lawrenceville City Hall

Civic Center

700 East State Street

Lawrenceville

9/11/2001

9:30 am

PCB 00-219

Stephen G. Brill v. Henry Latoria d/b/a TL

Trucking Foodliner

James R. Thompson Center

Room 11-512

100 W. Randolph Street

Chicago

9/12/2001

9:30 am

PCB 00-122

People of the State of Illinois v. City of

Lawrenceville, John A. Gordon. P.E., Gordon

& Price, Inc., David Guillaum d/b/a D & G

Construction; and Wayne Lapington d/b/a

Lapington Trucking and Excavating

Lawrencevill City Hall

Civic Center

700 East State Street

Lawrenceville

9/20/2001

11:00 am

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 West Randolph Street

Conference Room 9-040

Chicago

10/4/2001

11:00 am

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 West Randolph Street

Conference Room 9-040

Chicago

10/18/2001

10:00 am

AC 01-37

IEPA v. Kishwaukee Auto parts

(Rockford/Kishwaukee Auto Parts) IEPA

Docket No. 141-01-AC

Rockford State Office Building

Conference Rooms A and B

4302 North Main

Rockford

10/18/2001

11:00 am

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 West Randolph Street

Conference Room 9-040

Chicago

11/1/2001

11:00 am

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 West Randolph Street

Conference Room 9-040

Chicago

11/15/200111

:00 am

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 West Randolph Street

Conference Room 9-040

Chicago

12/6/2001

11:00 am

Illinois Pollution Control Board Meeting

Illinois Pollution Control Board

Hearing Room 403

600 South Second Street

Springfield

12/20/2001

11:00 am

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 West Randolph Street

Conference Room 9-040

Chicago

Environmental Register – July 2001

IEPA Restricted Status List

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

DIVISION OF WATER POLLUTION CONTROL

RESTRICTED STATUS LIST

In order to comply with 35 Illinois Administrative Code Section 306.401, Illinois Pollution Control Board Regulations,

the Illinois EPA has prepared the following list of facilities that 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 this Agency for a final determination. This listing reflects the status as of June 30, 2001.

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

Camelot Utilities

Wastewater Collection System

Camelot Utilities

Will

Camp Point

(a portion mh 60-68)

Village of Camp Point

Adams

Clearview S.D.

McLean

East Alton

City of East Alton

Madison

Farmington

City of Farmington

Fulton

Hinckley STP

Village of Hinckley

DeKalb

Hurst & Blairville Collection

City of Hurst

Williamson

Maple Lawn Homes STP

Maple Lawn Homes

Woodford

Port Byron STP

Village of Port Byron

Rock Island

Rosewood Heights S.D.-

Ninth Street LS

Rosewood Heights S.D.

Madison

South Palos Twp. SD

South Palos Twp.

Streator STP

City of Streator

LaSalle/Livingston

Taylorville-Shawnee Ave.

City of Taylorville

Christian

Utilities Unlimited

Will

Washington (Rolling Meadows)

City of Washington

Tazewell

Wauconda-Larksdale LS

Village of Wauconda

Lake

Winnebago-SS overflow to

Westfield LS; East 4 blocks of

Soper St.

Village of Winnebago

Winnebago

Deletions from previous quarterly report: 0

Environmental Register – July 2001

IEPA Critical Review List

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

DIVISION OF WATER POLLUTION CONTROL

CRITICAL REVIEW LIST

In order to comply with 35 Illinois Administrative Code Section 306.401, Illinois Pollution Control Board Regulations,

the Illinois Environmental Protection Agency has prepared the following list of facilities that 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 June 30, 2001.

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

1,908

511

Athens STP

City of Athens

Menard

Beardstown SD

City of Beardstown

Cass

1,769

Benton-Southeast STP

City of Benton

Franklin

Bethalto (L.S. #1)

Village of Bethalto

Madison

Bonnie Brae Forest

Manor SD STP

Bonnie Brae Forest

Manor SD

Will

Carrier Mills

Village of Carrier Mills

Saline

836

Carrollton

City of Carrollton

Greene

140

Chester STP

City of Chester

Randolph

485

Citizens Utilities Co. of Ill.-

Derby Meadows Utility

Co. STP

Citizens Utilities Co.

of Ill.

Will

Citizens Utilities Co. of Ill.-

River Grange

Citizens Utilities Co.

of Ill.

Will

Dakota

Village of Dakota

Stephenson

Downers Grove S.D.

DuPage

4,395

108

Earlville

City of Earlville

LaSalle

120

East Dundee STP

Village of E. Dundee

Kane

665

Elkville

Village of Elkville

Jackson

Ferson Creek Utilities Co.

Utilities, Inc.

Will

Herscher

Village of Herscher

Kankakee

281

LCPWD-Diamond-

Sylvan STP

County of Lake Public

Works Department

Lake

Lake Barrington Home

Owners Assn. STP

Lake Barrington Home

Owners Assn.

Lake

Lindenhurst S.D.

Village of Lindenhurst

Lake

885

Moline (North Slope)

City of Moline

Rock Island

1,151

Environmental Register – July 2001

Morris STP

City of Morris

Grundy

Mundelein STP

Village of Mundelein

Lake

Paris STP

City of Paris

Edgar

1,681

Plainfield STP

Village of Plainfield

Will

1,053

Rock Island (Main)

City of Rock Island

Rock Island

4,683

Sandwich

Village of Sandwich

DeKalb/Kendall

681

Thompsonville STP

Village of Thompsonville

Franklin

Wauconda – Remaining

Collection System

& Lakeview Villa LS

Village of Wauconda

Lake

***

Deletions from previous quarterly report: 0

***Contact IEPA – Permit Section

------------------------------------------------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