Web Site: http://www.ipcb.state.il.us

Web Site: http://www.ipcb.state.il.us

Claire A. Manning, Chairman

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) 814-6032 TDD

Illinois Pollution Control Board

600 South Second Street

Springfield, Illinois 62704

Web Site: http://www.ipcb.state.il.us

Letter from the Chairman

The Pollution Control Board welcomes a new member. Governor George H.

Ryan appointed Thomas E. Johnson to a three-year term on the Board. Johnson

is quickly adjusting to in his new role as Board Member. Johnson brings to the

Board more than a decade of legal experience. He graduated from Northern

Illinois University School of Law in 1989. He has a B.S. in Finance from the

University of Illinois. Johnson has an extensive background in public service.

He has served on the Champaign County Board. He was a Special Assistant

Attorney General, a Special Prosecutor for the Secretary of State and a Central

Office Director to the Illinois Department of Transportation. Johnson’s

decision-making experience and governmental background will serve him well

during his tenure on the Board.

Johnson replaces former Board Member Marili McFawn. McFawn served on the Board for nearly eight years.

Prior to becoming a Board Member, McFawn worked as an Attorney Assistant to several former Board Members.

The Board thanks McFawn for her many years of devoted service to the Board and to the people of Illinois. We all

Governor Ryan has also reappointed me to another three-year term as Board Chairman. I have enjoyed the past

eight years managing the Board and handling its caseload. During that time, the Board promulgated significant

environmental regulations and overhauled the Board’s procedural rules to make them more user friendly. In

addition, the Board has consistently achieved a high percentage of affirmation on court review of Board decisions.

Also, the Board launched a Web site that keeps the public informed about cases and rulemakings pending before the

Board. Public accessibility to the Board’s processes will continue to improve. We are currently working to place

on the Board’s Web site orders and opinions dating back to the 1970’s, when the Board was created. We are also

taking steps to place more documents relating to pending cases on the Web site to make it easier to track a case

through the Board’s process. The next few years should prove to be exciting at the Illinois Pollution Control Board.

Claire A. Manning, Chairman

Environmental Register – August 2001

Inside This Issue:

Federal Update

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

Pollutants for Pharmaceuticals Production Under the Clean Air Act in Final Rule

On August 2, 2001, USEPA adopted national emission standards for hazardous air pollutants (NESHAP) for

pharmaceuticals production in a final rule. 66 Fed Reg. 40121.

This direct final rule provides additional compliance options under the Clean Air Act (42 U.S.C. §§ 7401

(1998)) for process vent and storage tank emissions, specifies additional methods that may be used to analyze

wastewater, shifts one compound from the list of partially soluble hazardous air pollutants (HAPs) to the list of

soluble HAPs, eliminates an unintended restriction on the use of enhanced biological treatment, allows a sewer line

between drains and the first downstream junction box to be vented, clarifies how to assign storage tanks that are

shared among pharmaceutical manufacturing process units and other types of process units, clarifies the monitoring

frequency requirements for connectors, clarifies and simplifies record-keeping and reporting requirements,

eliminates inconsistencies, and corrects several referencing and typesetting errors. USEPA views these revisions as

minor and non-controversial, and anticipates no adverse comment

The final rule becomes effective October 16, 2001. For further information contact Randy McDonald at 919/541-

5402; e-mail address: mcdonald.randy@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 for New and Existing Reinforced Plastic Composites Production Facilities Under the Clean Air

On August 2, 2001, USEPA proposed amendments to the national emission standards for hazardous air pollutants

(NESHAP) for new and existing reinforced plastic composites production facilities. 66 Fed. Reg. 40323.

The proposed standards regulate production and ancillary processes used to manufacture products with thermoset

resins and gel coats. Reinforced plastic composites production facilities emit hazardous air pollutants (HAPs), such

as styrene, methyl methacrylate, and methylene chloride (dichloromethane). These HAPs have adverse health

effects including headache, fatigue, depression, irritation of skin, eyes, and mucous membranes. Methylene

chloride has been classified as a probable human carcinogen.

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

(1998)) by requiring all major sources in this category to meet HAP emission standards reflecting the application of

the maximum achievable control technology. USEPA estimates that the proposed NESHAP would reduce

nationwide emissions of HAP from these facilities by approximately 14,500 tons per year.

Environmental Register – August 2001

Public comments must be received by October 1, 2001. For further information contact Keith Barnett at 919/541-

5605; e-mail address: barnett.keith@epamail.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 for Flexible Polyurethane Foam Fabrication Operations Under the Clean Air Act

On August 8, 2001, USEPA proposed amendments to the national emission standards for hazardous air pollutants

(NESHAP) for flexible polyurethane foam fabrication operations. 66 Fed. Reg. 41717.

USEPA has identified flexible polyurethane foam fabrication facilities as potential major sources of hazardous air

pollutants (HAPs) emissions such as methylene chloride, hydrochloric acid, 2,4-toluene diisocyanate, and hydrogen

cyanide. Exposure to these substances has been demonstrated to cause adverse health effects such as irritation of

the lung, eye, and mucous membranes, effects on the central nervous system, and cancer.

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

(1998)) by requiring flexible polyurethane foam fabrication facilities that are major sources to meet HAP emission

standards reflecting the application of the maximum achievable control technology. USEPA estimates that these

proposed NESHAP will reduce nationwide emissions of HAPs from flexible polyurethane foam fabrication

operations by approximately 6.5 tons per year for each new or reconstructed affected source. The emissions

reductions achieved by these proposed NESHAP, when combined with the emissions reductions achieved by other

similar standards, will provide protection to the public and achieve a primary goal of the CAA.

Public comments must be received by October 9, 2001. For further information Maria Noell at 919/541-5607; e-

mail address: noell.maria@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 Delay of Effective Date of Revisions to the Water

Quality Planning and Management Regulation and Revisions to the National Pollutant Discharge

Elimination System Program and Revision of the Date for State Submission of the 2002 List of Impaired

On August 9, 2001, USEPA proposed a delay of the effective date of revisions to the Water Quality Planning and

Management Regulation and revisions to the National Pollutant Discharge Elimination System (NPDES) Program

in support of revisions to the Water Quality Planning and Management Regulations; and revision of the date for

state submission of the 2002 list of impaired Waters. 66 Fed. Reg. 41817.

The proposal also lays out specific time frames under which USEPA will assure that lists of waters not meeting

water quality standards (the 303(d) lists) and total maximum daily loads (TMDLs) are completed as scheduled, and

necessary NPDES permits are issued to implement TMDLs. The July 2000 rule generated considerable

controversy, as expressed in letters, testimony, public meetings, Congressional action, and litigation. Congress

prohibited USEPA from implementing the final rule through a spending prohibition attached to the Military

Construction Appropriations Act: FY 2000 Supplemental Appropriations. The spending prohibition is scheduled to

expire on September 30, 2001 and, barring further action by Congress or USEPA, the rule will go into effect on

October 30, 2001.

Based on the concerns expressed by many interested organizations and in light of a recent report from the National

Research Council (NRC), entitled “Assessing the TMDL Approach to Water Quality Management,” which

recommends changes to the TMDL program, USEPA believes that it is important at this time to reconsider the July

2000 rule, while continuing to operate the program under the 1985 TMDL regulations, as amended in 1992. A

Environmental Register – August 2001

delay of the effective date would allow USEPA to solicit suggestions on how to structure the TMDL program to be

effective and flexible and to ensure that it leads to workable solutions that will meet the Clean Water Act (33 U.S.C.

. (1998)) goals of restoring impaired waters. In addition, USEPA believes that its decision to

voluntarily reconsider the July 2000 rule may result in revisions to the rule that would resolve at least some of the

issues raised in pending litigation in the D.C. Circuit Court of Appeals.

In response to the NRC report, this action proposes a revision to the date on which states are required to submit the

next list of impaired waters. USEPA is proposing to revise the date from April 1, 2002 to October 1, 2002. This

delay is intended to provide time for USEPA to issue guidance incorporating some of the NRC's recommendations

regarding the methodology used to develop the list and the content of the list.

Public comments must be received by September 10, 2001. For further information contact Francoise M. Brasier at

United States Environmental Protection Agency Removes Certain Provisions of the Nitrogen Oxides New

Source Performance Standards for New Electric Utility Steam Generating Units and Industrial-Commercial-

Institutional Steam Generating Units

On August 14, 2001, USEPA removed certain provisions of the nitrogen oxides (NOX) new source performance

standards (NSPS) for new electric utility steam generating units and industrial-commercial-institutional steam

generating units, which were promulgated on September 16, 1998. 66 Fed. Reg. 42608.

Specifically, USEPA removed the provisions of the final rules applicable to electric utility steam generating units

and industrial- commercial-institutional steam generating units for which modification was commenced after July 9,

The removal of the provisions is based on the issuance of an order by the United States Court of Appeals for the

District of Columbia Circuit in Lignite Energy Council v. USEPA, No. 98-1525 (and consolidated cases) on

September 21, 1999, which granted summary

of the provisions. Section 553 of the Administrative

Procedure Act (APA) (5 U.S.C. 553(b)(B) (1998)), provides that, when an agency for good cause finds that notice

and public procedure are impracticable, unnecessary or contrary to the public interest, that agency may issue a rule

without providing notice and an opportunity for public comment. USEPA has determined that there is good cause

for removal of these provisions without prior proposal and opportunity for comment because the changes to the

rules are minor, noncontroversial in nature, and do not substantively change the requirements of the revised NOX

NSPS. Thus, notice and public procedure are unnecessary. USEPA finds that this constitutes good cause under the

The removal is effective on August 14, 2001. For further information contact James Eddinger at 919/541-5426; e-

mail address: eddinger.jim@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, NSPS rules are applicable and enforceable under the Act without further action by the Board.

United States Environmental Protection Agency Proposes a Modification to Significant New Use Rules for

Two Substances Under the Toxic Substances Control Act

On August 16, 2001, USEPA proposed a modification to significant new use rules (SNURs) for two substances

promulgated under Section 5(a)(2) of the Toxic Substances Control Act (TSCA) based on new data. 66 Fed. Reg.

Based on the new data, USEPA finds that activities not described in the corresponding TSCA Section 5(e) consent

orders for the chemical substances may result in significant changes in human or environmental exposure.

Environmental Register – August 2001

Public comments must be received by September 17, 2001. For further information contact Barbara Cunningham at

202/554-1404; e-mail address: TSCA-Hotline@epa.gov.

United States Environmental Protection Agency Promulgates National Emission Standards for Hazardous

Air Pollutants for New and Existing Boat Manufacturing Facilities Under the Clean Air Act in Final Rule

On August 22, 2001, USEPA promulgated national emission standards for hazardous air pollutants (NESHAP) for

new and existing boat manufacturing facilities. 66 Fed. Reg. 44217.

The processes regulated include fiberglass resin and gel coat operations, carpet and fabric adhesive operations, and

aluminum recreational boat painting operations. USEPA has identified boat manufacturing as a major source of

hazardous air pollutants (HAPs), such as styrene, methyl methacrylate, methylene chloride (dichloromethane),

toluene, xylene, n-hexane, methyl ethyl ketone, methyl isobutyl ketone, and methyl chloroform (1,1,1-

trichloroethane).

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

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

control technology (MACT). USEPA estimates the final NESHAP will reduce nationwide emissions of HAPs from

these facilities by 3,450 tons per year (approximately 35 percent from the 1997 level of emissions).

The rule becomes effective August 22, 2001. For further information contact Mark Morris at 919/541-5416; e-mail

address: morris.mark@epa.gov.

Pursuant to Section 9.1(b) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(b) (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 Amendments to Guidelines Establishing Test

Procedures for the Analysis of Pollutants Under the Clean Water Act

On August 30, 2001, USEPA proposed regulation that would amend the “Guidelines Establishing Test Procedures

for the Analysis of Pollutants” under Section 304(h) of the Clean Water Act (33 U.S.C. §§ 1251

adding to the list of USEPA-approved methods several analytical test procedures for enumerating certain bacteria

(Escherichia coli (E. coli) and enterococci) and protozoans (Cryptosporidium and Giardia) in ambient water. 66

Fed. Reg. 45811.

These amendments would make available a suite of most probable number (

., multiple-tube, multiple-well) and

membrane filter methods for enumerating E. coli and enteroccoci bacteria in ambient water. Both culture-based and

enzyme-substrate techniques are included. Some test methods are also applicable to total coliform determinations

when these are the preliminary or concurrent steps for E. coli enumeration. The amendments also propose new

methods for detecting Cryptosporidium and Giardia in ambient water. Regulators may use these test procedures to

assess Cryptosporidium and Giardia concentrations in ambient waters.

Public comments must be received by October 29, 2001. For further information contact Maria Gomez-Taylor at

If USEPA adopts these rules, the Board would anticipate that the Illinois Environmental Protection Agency

(Agency) will determine, as part of the triennial review of the State’s water rules required by the Clean Water Act,

whether any amendments to the State’s water rules are necessary. If so, the Board would expect to receive a

regulatory proposal from the Agency under Section 27 or 28.2of the Environmental Protection Act (415 ILCS 5/27,

Environmental Register – August 2001

Rule Update

Board Adopts Amendments to the Illinois Wastewater Pretreatment Regulations in Wastewater

Pretreatment Update, USEPA Amendments (July 1, 2000 through December 31, 2000), R01-25

On August 9, 2001, the Board adopted amendments to the Illinois wastewater pretreatment regulations pursuant to

Sections 7.2 and 13.3 of the Environmental Protection Act (Act) (415 ILCS 5/7.2, 13.3 (2000)). Section 13.3 of the

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

regulations adopted by the United States Environmental Protection Agency (USEPA) pursuant to Sections 307(b),

(c), and (d) and 402(b)(8) and (9) of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C. §§ 1317(b), (c),

(d), 1342(b)(8), (9) (1998)). The federal wastewater pretreatment regulations are found at 40 C.F.R. §§ 400-499.

Section 13.3 of the Act provides that Title VII of the Act and Sections 5-35 and 5-75 of the Administrative

Procedure Act (5 ILCS 100/5-35, 5-75 (2000)), do not apply to this rulemaking. Accordingly, this rulemaking is

not subject to first or second-notice review by the Joint Committee on Administrative Rules.

USEPA amended its wastewater pretreatment regulations twice during that period. Section 7.2(b) of the Act (415

ILCS 5/7.2(b) (2000)) requires the Board to complete its identical-in-substance rulemaking actions within one year

of the date of the earliest federal amendments. This rulemaking incorporates certain federal amendments that

occurred during the period July 1, 2000 through December 31, 2000. In this docket, the earliest federal action

requiring Board action occurred on August 14, 2000.

On May 17, 2001, the Board adopted a proposal for public comment in this matter. The proposal appeared in the

June 8, 2001 issue of the

Illinois Register

. The Board accepted public comments on the proposal for a 45-day

period following publication in the

Illinois Register

. The public comment period expired on July 23, 2000. No

comments were received during the public comment period.

For additional information contact Joel Sternstein at 312/814-3665; e-mail address: sternstj@ipcb.state.il.us.

Board Adopts Final Rules in UIC Corrections, USEPA Amendments (July 1, 1999 through June 30, 2000),

On August 9, 2001, the Board adopted final rules in response to concerns over the Illinois Class V injection well

requirements, which were raised by the United States Environmental Protection Agency (USEPA) after the Board’s

adoption last year of the underground injection control (UIC) update dockets UIC Update, USEPA Amendments

(July 1, 1999, through December 31, 1999) and UIC Update, USEPA Amendments (January 1, 2000 through June

30, 2000), R00-11/R01-1 (December 7, 2000) (consolidated). The rules adopted by the Board made some of the

changes as requested by USEPA, but declined to make others the Board found unnecessary or contrary to state law.

By way of background, most of the amendments to the Illinois UIC regulations involved in the R00-11/R01/1docket

related to the first installment of significant new federal requirements applicable to Class V injection wells. The two

types of Class V injection wells affected by the new regulations are large-capacity cesspools and automobile waste

disposal wells.

The Board adopted amendments to the Illinois UIC regulations in R00-11/R01-1 on December 7, 2000. The Board

received only one comment during the 45-day public comment period. This comment, filed by the Illinois

Environmental Protection Agency (Agency), did not comment on the particulars of the rule proposal. Instead, the

Agency expressed concern at the increased financial burden that implementing the rule amendments would cause.

The Agency noted that it had advised USEPA that additional federal funding would be needed. USEPA did not

comment on the proposed amendments during the public comment period. The final rules adopted by the Board on

December 7, 2000 were published by the Secretary of State in the December 22, 2001 issue of the

Illinois Register

at 24 Ill. Reg. 18585.

Environmental Register – August 2001

On March 16, 2001, the Board received a copy of a March 12, 2001 letter from David A. Ullrich, Acting Regional

Administrator, USEPA Region V, addressed to James Ryan, Attorney General of the State of Illinois. In that letter,

USEPA commended the State on being the first in USEPA Region V to adopt the Class V injection well rules.

Additionally, USEPA submitted substantive comments on the text of the adopted Class V well rules. USEPA raised

two areas of major concern over the rules, four areas of minor concern, and four general observations on the rules.

USEPA requested that the Attorney General prepare and submit to USEPA within 45 days a supplemental statement

on the basis for the rule in the specified areas of concern.

On May 3, 2001, the Board proposed amendments to the Illinois UIC rules in the present docket, R01-30, based on

the USEPA letter. The Board’s May 3, 2001 proposal was published in the May 25, 2001 issue of the

, at 25 Ill. Reg. 6599. The only public comment received was filed on July 17, 2001, by the Illinois

Environmental Protection Agency (Agency).

Under Sections 7.2 and 13(c) of the Environmental Protection Act (Act) (415 ILCS 5/7.2 and 13(c) (2000)), the

Board proposes amendments to the Illinois regulations that are “identical in substance” to UIC regulations that

USEPA adopted to implement Section 1421 of the federal Safe Drinking Water Act (SDWA) (42 U.S.C. § 300h

(1998)). Sections 7.2 and 13(c) of the Act provide for quick adoption of regulations that are identical in substance

to federal regulations that USEPA adopts to implement Section 1421 of SDWA. Section 13(c) also provides that

Title VII of the Act and Section 5 of the Administrative Procedure Act (5 ILCS 100/5-35, 5-40 (2000)) do not apply

to the Board’s adoption of identical-in-substance regulations. The federal UIC regulations are found at 40 C.F.R.

144 through 148.

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

Board Dismisses

UST Update, USEPA Regulations (January 1, 2001 through June 30, 2001), R02-2

Section 22.4(d) of the Environmental Protection Act (Act) (415 ILCS 5/22.4(d) (2000)) 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 (2000)), to

underground storage tank (UST) regulations promulgated by the United States Environmental Protection Agency

(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

. (1998)), with

certain limitations. USEPA has codified its UST regulations at 40 C.F.R. 281 through 283. During the period

January 1 through June 30, 2001, 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 Dismisses

Exemptions from the Definition of VOM Update, USEPA Regulations (January 1, 2001

through June 30, 2001), R02-4

Section 9.1(e) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(e) (2000)) 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 (2000)), to

exemptions from the definition of “volatile organic material” (VOM), those compounds that the United States

Environmental Protection Agency (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 January 1 through June 30, 2001, 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.

Board Dismisses UIC Update, USEPA Regulations (January 1, 2001 through June 30, 2001), R02-6

Environmental Register – August 2001

Section 13(c) of the Environmental Protection Act (Act) (415 ILCS 5/13(c) (2000)) requires the Board to adopt

regulations that are “identical in substance,” as defined at Section 7.2 of the Act, to underground injection control

(UIC) regulations that the United States Environmental Protection Agency (USEPA) adopted to implement

provisions of the Safe Drinking Water Act (42 U.S.C. § 300h

. (2000)). USEPA has codified its UIC

regulations at 40 C.F.R. 144 through 148. During the period January 1, 2001 through June 30, 2001, USEPA did

not amend its UIC 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

RCRA Subtitle D Update, USEPA Regulations (January 1, 2001 through June 30, 2001),

Section 22.40(a) of the Environmental Protection Act (Act) (415 ILCS 5/22.40(a) (2000)) 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 the United States Environmental Protection Agency (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 January 1 through June 30,

2001, USEPA did not amend its MSWLF rules. Therefore, no action was necessary, and the Board dismissed the

For additional information contact Mike McCambridge at 312/814-6924; e-mail address:

mccambm@ipcb.state.il.us.

Board Accepts for Hearing Enhanced Vehicle Inspection and Maintenance (I/M) Regulations: Amendments

to 35 Ill. Adm. Code Part 240, R02-8

On August 23, 2001, the Board accepted for hearing a regulatory proposal for Enhanced Vehicle Inspection and

Maintenance (I/M) Regulations: Amendments to 35 Ill. Adm. Code Part 240, R02-8. On August 20, 2001, the

Illinois Environmental Protection Agency (Agency) filed a proposal to amend the Board’s regulations on inspecting

and maintaining vehicles to control air emissions. Under Section 13B-20(a) of the Vehicle Emissions Law (625

ILCS 5/13B-20(a) (2000)), the Agency proposed amendments to 35 Ill. Adm. Code 240 with respect to the

enhanced I/M program for the Chicago metropolitan and Metro-East St. Louis nonattainment areas. Through the

proposed amendments, the Agency intends to provide flexibility pursuant to recent USEPA rules for On Board

Diagnostic test standards.

The Vehicle Emission Law exempts this rulemaking from the rulemaking requirements of the Illinois

Administrative Procedure Act and Section 27(b) of the Environmental Protection Act (415 ILCS 5/27(b) (2000)).

But, it requires that the Board complete this rulemaking within 120 days of the proposal’s filing. On August 23,

2001, the Board therefore, without commenting on the merits of the Agency’s proposal, adopted the proposal for

public comment and publication in the

Illinois Register

. To complete the rulemaking process by December 18,

2001, the Board anticipates adopting final rules at its December 8, 2001 meeting.

The Board will accept written public comment on these proposed rules for at least 45 days after publication of the

proposal in the

Illinois Register

. The Board has also scheduled two hearings. The first hearing is scheduled for

October 12, 2001, at 9:30 a.m. at the IDOT Classroom, Regional Headquarter Complex, 1100 E. Port Plaza Dr.,

Collinsville. The second hearing will be October 19, 2001, at 9:30 a.m. in room 9-040 of the James R. Thompson

Center in Chicago. Persons that want to testify at these hearings are encouraged to pre-file testimony., The

procedure for doing so is explained in the hearing officer order dated August 31, 2001.

For additional information contact: John Knittle at 217/384-7535; e-mail address: knittlej@ipcb.state.il.us.

Environmental Register – August 2001

Board Actions

August 9, 2001

Via Video Conference Between

Springfield and Chicago, Illinois

Rulemakings

In the Matter of: Wastewater Pretreatment Update, USEPA Amendments (July

1, 2000 through December 31, 2000) – The Board adopted a final opinion and

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

wastewater pretreatment regulations.

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

June 30, 2000) – The Board adopted a final opinion and order in this “identical-

in-substance” rulemaking to amend the Board’s underground injection control

regulations. This docket addresses concerns raised by the United States

Environmental Protection Agency regarding the recently adopted rules in UIC

Update, USEPA Amendments (July 1, 1999, through December 31, 1999) and

UIC Update, USEPA Amendments (January 1, 2000, through June 30, 2000),

R00-11/R01-1(December 7, 2000) (consolidated).

Administrative Citations

IEPA v. Leroy P. David – In response to a joint stipulation and settlement

agreement in this administrative citation action involving a Peoria County

facility, the Board found respondent violated Section 21(p)(1) of the

Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) (2000)) and ordered

respondent to pay a civil penalty of $1,500. The Board also granted the parties’

joint motions to dismiss the alleged violation of Section 21(p)(4) of the Act (415

ILCS 5/21(p)(4) (2000)) and to dismiss respondent’s petition for review.

IEPA v. Jack Busby – The Board granted complainant’s motion for voluntary

dismissal of this administrative citation action involving a Marion County

IEPA v. Charles Haley d/b/a Haley Brothers Construction – The Board accepted

this amended petition for review of an administrative citation against this

Iroquois County respondent.

People of the State of Illinois v. Dayne Rogers and Black Gold International -

The Board found that these Winnebago County respondents were liable to the

State of Illinois for punitive damages in the amount of $77,460.92, pursuant to

Section 55.3(h) of the Act (415 ILCS 5/55.3(h) (2000)) in addition to $32,

730.46 in corrective action costs awarded in the Board’s November 2, 2000

Environmental Register – August 2001

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

Inc. – In this Resource Conservation and Recovery Act enforcement action

concerning a Will County facility, the Board granted relief from the hearing

requirement of Section 31(c)(1) of the Act (415 ILCS 5/31(c)(1) (2000)),

accepted a stipulation and partial settlement agreement for counts III, IV, V, VI,

and VII of the complainant’s complaint, imposed a $31, 500 penalty, and

ordered respondent to cease and desist from further violations. This matter shall

proceed to hearing as to the allegations in Counts I and II of the complaint.

People of the State of Illinois v. Roll Service, Inc. – In this air enforcement

action concerning a Cook County facility, the Board granted relief from the

hearing requirement of Section 31(c)(1) of the Illinois Environmental Protection

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 $15,000, and to

cease and desist from further violations.

Prairie Rivers Network v. IEPA and Black Beauty Coal Company – The Board

affirmed the December 27, 2000 decision of the Illinois Environmental

Protection Agency granting an National Pollutant Discharge Elimination System

permit to this Vermilion County mining operation.

People of the State of Illinois v. Lakewood Homes, Inc. – In this water

enforcement action concerning a Lake County facility, the Board granted relief

from the hearing requirement of Section 31(c)(1) of the Illinois Environmental

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

settlement agreement, ordered the respondent to pay a civil penalty of $25,000,

and to cease and desist from further violations. Respondent also agreed to pay

$35,000 to the Lake County Forest Preserve District for the purposes specified

in the stipulation.

Provisional Variance

Exelon Generation Company, L.L.C. (Dresden Nuclear Power Station) v. IEPA

– Upon receipt of an Agency recommendation, the Board granted this facility a

45-day provisional variance, subject to conditions, from certain thermal effluent

discharge requirements as applicable to the Dresden Nuclear Power Station in

Grundy County. These requirements are set forth in 35 Ill. Adm. Code 302.211

and 304.141(b) of the Board's water regulations, National Pollutant Discharge

Elimination System Permit No. IL0002224304 special condition 4C, and in the

Board’s order, In the Matter of: 410 (c) Petition for Dresden Nuclear

Generating Station, PCB 79-134 (July 8, 1981).

Motions and Other Matters

People of the State of Illinois v. Skokie Valley Asphalt, Inc. – The Board denied

reconsideration of its May 5, 2001 order denying complainant’s motion for

summary judgment. The Board also denied the petition for oral argument on the

motion to reconsider.

Environmental Register – August 2001

ESG Watts, Inc. (Taylor Ridge Landfill) v. IEPA – The Board granted

petitioner’s motion for voluntary dismissal of this permit appeal involving a

Rock Island County facility.

People of the State of Illinois v. A.E. Staley Manufacturing Company – 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 Macon County facility, the Board ordered publication of the

required newspaper notice.

Stephen M. Lardner v. Dominick’s Finer Foods, Inc., the Landowner of

Longmeadow Commons, Waste Management, Mundelein Disposal, and BFI –

The Board granted complainant’s motion for voluntary dismissal as to Onyx

Waste Services, Inc. and denied complainant’s motions for voluntary dismissal

and acceptance of stipulation and proposal for settlement as to Mundelein

Disposal, Inc and Waste Management, directing the hearing officer to contact

the parties regarding further proceedings.

MDI Limited Partnership #42 v. Regional Board of Trustees for Boone and

Winnebago Counties, and the Board of Education of Belvidere District 100 –

The Board ordered respondent Board of Education of Belvidere District 100 to

file proof of service of its proposed third-party complaint on the City of

Community Landfill Company and City of Morris v. IEPA – The Board denied

petitioners’ motion for stay pending appeal of the Board’s April 5, 2001 order

affirming certain permit conditions.

J.R. & Sons, Inc. v. IEPA – The Board ordered respondent to file an amended

petition no later than August 23, 2001.

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 – Having received respondent Prairie Land

Construction, Inc.’s objection and request for hearing, the Board denied the July

10, 2001 request for relief for hearing and ordered this matter to proceed to

Marathon Ashland Petroleum, 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 Whiteside County

Environmental Register – August 2001

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 citizens

land enforcement action involving a Cook County facility.

City of Streator v. IEPA – The Board granted petitioner’s motion for expedited

review and denied respondent’s motion to dismiss, but ordered the filing of an

amended petition within 30 days.

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

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

Bahlman Oil Company, 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

Will County facility.

People of the State of Illinois v. Macon County Landfill Corporation – 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 Macon County facility, the Board ordered publication of the

required newspaper notice.

August 23, 2001

Via Video Conference Between

Springfield and Chicago, Illinois

Rulemakings

In the Matter of: UST Update, USEPA Regulations (January 1, 2001 through

June 30, 2001) – The Board dismissed this reserved identical-in-substance

docket because the United States Environmental Protection Agency did not

amend its underground storage tank regulations during the update period.

In the Matter of: Exemptions from the Definition of VOM Update, USEPA

Regulations (January 1, 2001 through June 30, 2001) – The Board dismissed

this reserved identical-in-substance docket because the United States

Environmental Protection Agency did not amend its exemptions from the

definition of volatile organic material regulations during the update period.

Environmental Register – August 2001

In the Matter of: UIC Update, USEPA Regulations (January 1, 2001 through

June 30, 2001) – The Board dismissed this reserved identical-in-substance

docket because the United States Environmental Protection Agency did not

amend its exemptions from the definition of underground injection control

regulations during the update period.

In the Matter of: RCRA Subtitle D Update, USEPA Regulations (January 1,

2001 through June 30, 2001) – The Board dismissed this reserved identical-in-

substance docket because the United States Environmental Protection Agency

did not amend its non-hazardous waste regulations during the update period.

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

Regulations: Amendments to 35 Ill. Adm. Code Part 240.191 – 240.193 – The

Board accepted the Illinois Environmental Protection Agency’s August 20, 2001

proposal to amend the Board’s air pollution control regulations as required

under the Vehicle Code. The Board adopted a proposal for public comment,

noting that the rules must be adopted 120-days from the filing of the proposal.

Administrative Citations

IEPA v. Dean and Susan Simon d/b/a Berman Auto Parts – The Board accepted

for hearing this petition for review of an administrative citation against these

Boone County respondents. No action was taken on respondents’ motion to stay

administrative proceedings.

IEPA v. Marvin Hammack and Doris Baker – The Board accepted for hearing

this petition for review of an administrative citation against these Boone County

Provisional Variance

Village of Gridley v. IEPA – Upon receipt of an Illinois Environmental

Protection Agency recommendation, the Board granted this McLean County

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

limits set forth in 35 Ill. Adm. Code 304.120(b) and 304.141(a).

Motions and Other Matters

Central Illinois Public Service Company v. IEPA – The Board granted

petitioner’s motion for voluntary dismissal of this permit appeal involving a

Crawford County facility.

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

Board granted the parties’ joint motion for clarification of its July 26, 2001

Board order, by stating that respondent’s cross motion for summary judgment

with respect to count 12 was granted.

Environmental Register – August 2001

Universal Scrap Metals, Inc. v. Flexi-Van Leasing, Inc. – The Board granted

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

involving a Cook County facility.

People of the State of Illinois v. Benton & Associates, 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.

People of the State of Illinois v. City of Waukegan – The Board denied

complainant’s motion for summary judgment in Count III only with respect to

35 Ill. Adm. Code 306.305(c) of the Board’s regulations. The Board granted

complainant’s motion for summary judgment with respect to Sections 12(a),

12(c), and 12(f) of the Environmental Protection Act (415 ILCS 5/12(a), 12(c),

12(f) (2000)) and 35 Ill. Adm. Code

304.141(b), 306.102(a), 306.304,

309.102(a) of the Board’s regulations.

Pete’s Marathon 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 Marion County facility.

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

County, PrairieLand Construction, Inc., and Rich Williams d/b/a C.R. Williams

and Associates Architects – The Board granted the motion by respondent’s

attorney Gerald M. Dunne to withdraw as attorney for PrairieLand

Construction., Inc.

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 Kankakee County facility.

LaSalle Bank, N.A. 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.

Gerry Blohm v. Dominick’s Finer Foods – The Board found that the alleged

violations in the complaint were neither duplicitous nor frivolous, and accepted

for hearing this matter involving a Lake County facility.

Community Landfill Company and City of Morris v. IEPA – The Board

accepted for hearing this permit appeal involving a Grundy County facility and

granted petitioner’s motion for expedited review.

Environmental Register – August 2001

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

granted complainant’s request to file an amended complaint, but reserved ruling

on respondent’s motion to dismiss until after complainant has filed the amended

Mahanbir Dhillon d/b/a Express Food & Gas v. IEPA – The Board accepted

petitioner’s amended petition for review in this underground storage tank appeal

involving a Cook County facility.

Rebecca S. Lawrence v. Northpoint Grade School – The Board granted

respondent’s request for an extension of time to file a response. The Board also

instructed respondent to retain an attorney prior to filing its response to the

complaint in this matter.

People of the State of Illinois v. Williamsburg Place of Crete, Inc. – The Board

accepted for hearing this water enforcement matter involving a Will County

ChemRex, Inc. v. IEPA – The Board accepted for hearing this underground

storage tank appeal involving a Cook County facility.

People of the State of Illinois v. J&F Hauling, Inc. – The Board accepted for

hearing this Resource Conservation and Recovery Act enforcement action

involving a Cook County facility.

August 9, 2001 Board Meeting

Express Food & Gas v. IEPA – No action taken.

Rebecca S. Lawrence v. Northpoint Grade School – The Board held for a later duplicitous/frivolous

determination this citizen’s noise enforcement action involving a McLean County facility.

Doris Glave v. Brent and Patty Harris – The Board held for a later duplicitous/frivolous determination this

citizen’s noise enforcement action involving a Lake County facility.

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

appeal on behalf of this Lee County facility.

Bahlman Oil Company, 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 Will County facility.

Ila M. Neathery and Denise C. Fleck v. Greg and Karen Bouillon d/b/a Thirsty’s – The Board held for a later

duplicitous/frivolous determination this citizen’s noise enforcement action involving a Sangamon County facility.

People of the State of Illinois v. Macon County Landfill Corporation – 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 Macon County facility, the Board ordered publication of the required newspaper

City of Chicago Department of Water v. IEPA – No action taken.

Environmental Register – August 2001

Exelon Generation Company, L.L.C. (Dresden Nuclear Power Station) v. IEPA – Upon receipt of an Agency

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

thermal effluent discharge requirements as applicable to the Dresden Nuclear Power Station in Grundy County.

These requirements are set forth in 35 Ill. Adm. Code 302.211 and 304.141(b) of the Board’s water regulations,

National Pollutant Discharge Elimination System Permit No. IL0002224304 special condition 4C, and in the

Board’s order in In the Matter of: 410 (c) Petition for Dresden Nuclear Generating Station, PCB 79-134 (July 8,

IEPA v. Mound City – The Board accepted an administrative citation against this Pulaski County

August 23, 2001 Board Meeting

People of the State of Illinois v. Williamsburg Place of Crete, Inc. – The Board accepted for hearing this

water enforcement matter involving a Will County facility.

ChemRex, Inc. v. IEPA – The Board accepted for hearing this underground storage tank appeal involving a

Cook County facility.

City of Charleston v. IEPA – No action taken.

People of the State of Illinois v. J&F Hauling, Inc. – The Board accepted for hearing this Resource

Conservation and Recovery Act enforcement action involving a Cook County facility.

Village of Gridley v. IEPA – Upon receipt of an Illinois Environmental Protection Agency recommendation,

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

effluent limits set forth in 35 Ill. Adm. Code 304.120(b) and 304.141(a).

County of LaSalle v. Mr. And Mrs. Gary Kempiak – The Board accepted this petition for review of an

administrative citation against these LaSalle County respondents.

In the Matter of: Enhanced Vehicle Inspection and Maintenance (I/M) Regulations: Amendments to 35 Ill.

Adm. Code Part 240.191 – 240.193 – The Board accepted the Illinois Environmental Protection Agency’s August

20, 2001 proposal to amend the Board’s air pollution control regulations as required under the Vehicle Code. The

Board adopted a proposal for public comment, noting that the rules must be adopted 120-days from the filing of the

Illinois Pollution Control Board Meeting

Illinois Pollution Control Board

Hearing Room 403

600 South Second Street

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

TL Trucking Foodliner

James R. Thompson Center

100 W. Randolph Street

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 West Randolph Street

Conference Room 9-040

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 West Randolph Street

Conference Room 9-040

Environmental Register – August 2001

Enhanced Vehicle Inspection and

Maintenance (I/M) Regulations:

Amendments to 30 Ill. Adm. Code Part

Regional Headquarter Complex

1100 E. Port Plaza Dr.

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

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 West Randolph Street

Conference Room 9-040

Enhanced Vehicle Inspection and

Maintenance (I/M) Regulations:

Amendments to 30 Ill. Adm. Code Part

James R. Thompson Center

100 West Randolph Street

Conference Room 9-040

People of the State of Illinois v. Brake’s

Enterprises, Inc. d/b/a/ Brake’s Amoco

City Counsel Chambers

102 North Neil Street

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 West Randolph Street

Conference Room 9-040

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

Lawrenceville City Hall

700 East State Street

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

Lawrenceville City Hall

700 East State Street

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

Lawrenceville City Hall

700 East State Street

David and Jacquelyn McDonough v.

St. Clair County Building

10 Public Square

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 West Randolph Street

Conference Room 9-040

Illinois Pollution Control Board Meeting

Illinois Pollution Control Board

Hearing Room 403

600 South Second Street

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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

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